HomeMy WebLinkAbout1985V777P424 1 P,� 1 1 i1 2: IlJ
EASEMENT
:U.!
cY !I _I. ..Ve .;Te. this 74d �-1 day of � ) til
�v7 , 19�5 .
between F. "BERT" WHEELER (hereinafter called "GRANTOR" )OR ) and
the CITY OF COLLEGE STATION , a Texas Municipal Corporation,
Brazos County, Texas (hereinafter called "GRANTEE" ) ;
WITNESSET H :
That for and in consideration of the sum of TEN and
NO/100 DOLLARS ( $10 .00 ) to him paid , the receipt whereof is here-
by acknowledged, the GRANTOR hereby GIVES and DONATES the proper-
ty hereinafter described to the GRANTEE, as a charitable contri-
bution, which contribution is made in lieu of condemnation, a
perpetual easement for public utilities and a street, and the
GRANTEE shall have the right to construct, use , operate, inspect,
repair , maintain, reconstruct , modify, and maintain such a
street, and further may construct, operate , and maintain electric
transmission and distribution lines, sanitary sewer lines, con-
necting lines, access facilities , storm sewers , collection
facilities, television, telephone and communications lines on,
over, across , and under that portion of GRANTOR' S property
described as follows :
All that certain 1 . 007 acre tract or parcel of land lying
and being situated in the Richard Carter Survey, Abstract 8,
College Station, Texas, and being
tract as described by deed from F auline P tzaSims13 •,7 27 et vacr
ire
to F. W. "Bert" Wheeler, recorded in Volume 444 , Page 800 ,
of the Deed Records of Brazos Count
acre tract being more particularlyY. Texas . Said 1 .007
described by metes and
bounds as follows :
BEGINNING at a 5/8 inch iron rod found marking the south
corner of said 13.727 acre tract, said iron rod also marking
the east corner of a 7. 39 acre tract as described by deed
recorded in Volume 583, Page 298, of the Deed Records of
Brazos County, Texas ;
THENCE N 48°59 '39" W along a common line of said 13.727 acre
tract and said 7. 39 acre tract for a distance of 23 . 80 feet
to a 5/8 inch iron rodset for corner;
THENCE through said 13 . 727 acre tract for the following
calls :
N 41°54 ' 56" E for a distance of 114 . 45
inch iron rod set for the beginning of a feet curveo to the
left being concave to the northwest and having a radius
of 656.00 feet;
Northeasterly along said curve for an arc length of
721 . 28 feet to a 5/8 inch iron rod marking the end of
this curve, the chord bears N 10° 48' 36" E for a dis-
tance of 677.80 feet;
VOL 1'77 PAr,E 424 - 1 -
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N 20°17 '45" W for a distance of 17. 37 feet to a 5/8
inch iron rod set for the beginning of a curve to the
left being concave to the southwest and having a radius
of 25. 00 feet ;
Northwesterly along said curve for an arc length of
39. 28 feet to a 5/8 inch iron rod set in the southeast
right-of-way line of University Drive ( FM 60 ) , the
chord bears N 65°18' 20" W for a distance of 35. 36 feet;
THENCE N 69°41 ' 14" E along the southeast right-of-way line
of University Drive ( FM 60 ) , for a distance of 110.00 feet
to a 5/8 inch iron rod set for the beginning of a curve
being concave to the southeast and having a radius of 25. 00
feet;
THENCE through said 13. 727 acre tract for the following
calls:
Southwesterly along said curve for an arc length of
39. 27 feet to a 5/8 inch iron rod set for the end of
this curve , the chord bears S 24°41 ' 40" W for a
distance of 35. 35 feet;
S 20° 17' 45" E for a distance of 17. 41 feet to a 5/8
inch iron rod set for the beginning of a curve to the
right being concave to the northwest and having a
radius of 716.00 feet;
Southwesterly along said curve for an arc length of
514.74 feet to a 5/8 inch iron rod set for the end of
curve, the chord bears S 00°17' 58" W for a distance of
503. 73 feet;
S 44° 04 ' 40" E for a distance of 5. 71 feet to a 5/8 inch
iron rod set for a southwest corner of said 13.727 acre
tract.
THENCE S 41°01 '34" W along a southeast line of said 13. 727
acre tract for a distance of 370. 55 feet to the PLACE OF
BEGINNING and containing 1 .007 acres ( 43, 879 square feet) of
land more or less.
1 . GRANTOR grants to GRANTEE the right of ingress and
egress over GRANTOR' S adjacent lands to or from said easement for
the purpose of inspecting, maintaining, constructing, reconstruc-
ting , repairing , operating and/or removing said public utility
systems and/or public street and any or all fixtures and
appurte-
nances thereto, including guy lines and anchors; the right to cut
or trim trees and other foliage, roots , brush and other obstruc-
tions within or along the easement, to the extent, in the sole
reasonable judgment
of GRANTEE, as may be necessary to prevent
possible interference with the operation of said facilities and/
or equipment or to remove
possible hazards thereto.
2 . GRANTOR further convenants and agrees that no part
of improvements constructed, erected or placed on said land
by
GRANTEE shall be or become or be considered as being to
affixed to
2 VA 777PAGr 425
•
or a part of said property and that all improvements of every
kind and nature constructed , erected or placed on said land or
any part thereof by GRANTEE or its licensee , shall remain the
property of the GRANTEE.
3. GRANTEE shall repair any damage to and/or restore
the GRANTOR' S property if the need for such repair or restoration
is caused by or arises out of its use or enjoyment of this
easement .
4. GRANTOR expressly subordinates all rights of sur-
face use incident to • the mineral estate to the above described
uses of said surface by GRANTEE, and agrees to sublender' s sub-
ordinations on behalf of GRANTEE upon request.
F. W., Rut= Ne.NH cLce, ay
• . :, ` h r4cT
F . W. "BERT" WHEELER
APPROVED AS TO FORM.
THIS DOCUMENT MAY NOT BE CHANGED
WITHOUT RE-SUBMISSION FOR APPROVAL.
STATE OF TEXAS
INDIVIDUAL ACKNOWLEDGMENT
COUNTY OF 44/4/17,&a-
This instrument was on the acknowledged before me
gday of
, 1985 by F. W. "BERT" WHELLE
R.
j
Title :
,`
--- n \ My Commission Expires :
KATHY HERMANN
••> .• 4 Notary Public,ftbbibf
........
. . Ny ComNt n Exp
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r(1L 777Pnr:r426
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