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HomeMy WebLinkAbout1984V735P308 312413 I r,- UTILITY EASEMENT ` ' •L 4 I, v• . .),) (Specific Property) C Ylljarekif._ STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS : COUNTY OF BRAZOS ) THAT, W.D. FITCH, GRANTOR, of the County of Brazos, State of Texas, for and in consideration of the payment of TEN and NO/100 DOLLARS, cash, and other good and valuable consideration, in hand paid to GRANTOR by the CITY OF COLLEGE STATION, TEXAS, the receipt of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto the said CITY OF COLLEGE STATION, a Texas Municipal Corporation, certain rights and interests in the nature of a perpetual EASE- MENT on and through the following described property: Being a strip of land 30-foot wide for a permanent public utility easement situated in the S.W. Robert- son Survey, Abstract No. 202, Brazos County, Texas, out of a 477.92 acre tract conveyed to W.D. Fitch by deed dated July 13, 1984 recorded in Volume 703 , Page 8 of the Deed Records of Brazos County, Texas. Provided, however, that this conveyance shall grant the rights herein specified only as to that portion of the above described property more particularly described by course, width, and centerline on the attached Exhibit "A" , known as the "Easement Area" , and any additional area outside the easement area neces- sary to install and attach equipment, guy wires, and anchors necessary and incident to the uses of the Easement Area. To erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, and remove the following: Electric transmission and distribution lines; Water lines and sanitary sewer lines, connecting lines, access facilities, and related equipment; Storm sewers and collection facilities; Television, telephone, and communications lines; Drainage ditches, drainage pipes and all other drainage structures, surface and subsurface. upon, over, and across said property as herein described and any ways, streets, roads, or alleys abutting same; and to cut, trim and control the growth of trees and other vegetation on and in the easement area or on adjoining property of GRANTOR, which might interfere with or threaten the operation and maintenance of any public utility equipment, accessories, or operations. It is understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of GRANTEE. GRANTOR expressly subordinates all rights of surface use incident to the mineral estate to the above described uses of said surface by GRANTEE, and agrees to sublender' s subordinations on behalf of GRANTEE upon request. 4 w < It is expressly understood that the GRANTOR or future Owners of this property reserve the right to use this EASEMENT for all purposes which do not interfere with or prevent its use by the GRANTEE, TO HAVE AND TO HOLD the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, forever, and GRANTOR does hereby bind himself, his heirs and assigns, to warrant and forever defend, all and singular, these rights and interests unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. EXECUTED this X86 day of , 1984 . ;7/en& W. D. FITCH APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUB1'711-- ON FOR APPROVAL. STATE OF TEXAS ) COUNTY OF BRAZOS ) INDIVIDUAL ACKNOWLEDGMENT This instrument was acknowledged before me on the dw4f40 r , 19 W , by W.D. FITCH. t • r... tJ r 0./4(./4(}71 � „ rTitle ( i ;.� 4 fit My Commission Expi' ,w< ;�' . • y EXHIBIT A W.D. FITCH TRACT Being a strip of land 30-foot wide for a permanent public utility easement situated in the S.W. Robertson Survey, Abstract No. 202, Brazos County, Texas, out of a 477.92 acre tract conveyed to W.D. Fitch by deed dated July 13, 1984 recorded in Volume 703, Page 8 of the Deed Records of Brazos County, Texas. The boundary of said easement being more fully described as follows: Beginning at an iron pin set by an 8-inch creosote post at the intersection of the easterly right-of-way line of State Highway No. 6 and the southerly right-of-way line of Greens Prairie Road, as shown on the recorded dedication plat of Greens Prairie Road, dated July, 1981 in Volume 495, Page 453 of the Deed Records of Brazos County, Texas; Thence N 43°03'57" E contiguous with the said southerly right-of- way line of Greens Prairie Road, a distance of 1380.21 feet to an iron pin for angle point in said southerly right-of-way line of Greens Prairie Road; Thence N 41°51'47" E continuing contiguous with said southerly right-of-way line of Greens Prairie Road, a distance of 5056.99 feet to a point for corner, said point being the common corner of the W.D. Fitch tract and a tract of land conveyed to the City of College Station by deed recorded in Volume 488, Page 756 of the Deed Records of Brazos County, Texas; said common corner resulting from the dedication of Greens Prairie Road in accordance with above mentioned recorded plat; Thence S 39°36'48" E contiguous with said common property line of the aforementioned tracts, a distance of 30.34 feet to a point for corner; Thence S 41°51'47" W parallel with, and 30 feet from the southerly right-of-way line of Greens Prairie Road, as shown on the aforesaid recorded plat, a distance of 5052.81 feet to an angle point; Thence S 43°03'57" W parallel with, and 30 feet from the southerly right-of-way line of Greens Prairie Road, as shown on the aforesaid recorded plat, a distance of 1379.24 feet to a point for corner; said point being on the common line of the easterly right-of-way line of State Highway No. 6 and the westerly line of the W.D. Fitch tract; Thence N 49°23'50" W contiguous with said westerly property line of W.D. Fitch tract and the easterly right-of-way line of State Highway No. 6, a distance of 30.03 feet to the point of beginning and the end of this permanent public utility easement description, containing 4.43 acres of land, more or less. SURVEYED BY: id E.R. McDow, Jr.� /� OF Registered Public Surveyor A t"..•''� "•• No. 3 755 �?.�'� E. R. McDOW, JR. September, 1984 ��� 40.46,71' •; dire • 3755 e C SU' V,'rIL `�135PAGE3I0