HomeMy WebLinkAbout1987V978P129 J ) y
t3gZ /j 5 EASEMENT _ ., :
STATE OF TEXAS ) "� �: j;;;,1j ! f
KNOW ALL MEN BY THE R g Na
COUNTY OF BRAZOS ) t ..-t r r v;,'r��,; •
``H
MADE, this /1 day of / " 1987,
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between JOHN E. HONEA, and wife GERDA HONEA ( hereinafter called
"GRANTORS" ) 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 them paid, the receipt whereof is hereby
acknowledged, the GRANTORS hereby GIVE and DONATE the property
hereinafter described to the GRANTEE, as a charitable contribu-
tion, which contribution is made in lieu of condemnation, a per-
petual 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, drainage facili-
ties, collection facilities, television, telephone and communica-
tions lines on, over, across, and under that portion of GRANTORS '
property described as follows:
All that certain tract or parcel of land
lying and being situated in the Morgan Rector
League in College Station, Brazos County,
Texas, being a part of that 2. 99 acre tract
conveyed to John E. Honea by deed recorded in
Volume 273 , Page 477 of the Deed Records of
Brazos County, Texas, and being more
particularly described as follows:
Beginning at an iron rod found at the most
southerly corner of the said Honea tract in
the northwest line of Krenek Tap Road. c:`�. i�
Thence N 42 degrees 32 ' 58 " 2500
eet
along the northwest line of Krenek.Tap fRoad
to an iron rod set at the P.C. of a curve
(R=25 ' ) ; ru
Thence along the arc of said curve, the chord
of which bears S 87 degrees 32
35. 36 ' 58 W - � ` "f-273177
throegh a central angle of 90 degrees
to an iron rod set in the southwest line of
the said Honea tract;
-1-
878,,, 129
Thence S 47 degrees 27 ' 02" E - 25 .00 feet
along the southwest line of the said Honea
tract to the Point of Beginning and contain-
ing 134 square feet of land more or less.
1 . GRANTORS grant to GRANTEE the right of ingress and
egress over GRANTORS ' adjacent lands to or from said easement for
the purpose of inspecting, maintaining, constructing, recon-
structing, repairing, operating and/or removing said public
utility systems and/or public street and any or all fixtures and
appurtenances thereto; the right to cut or trim trees and other
foliage, roots, brush and other obstructions 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. GRANTORS further convenant and agree that no part of
improvements constructed, erected or placed on said land by
GRANTEE shall be or become or be considered as being affixed to
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
GRANTORS ' property if the need for such repair or restoration is
caused by or arises out of its use or enjoyment of this easement.
4 . GRANTORS expressly subordinate all rights of surface use
incident to the mineral estate to the above described uses of
said surface by GRANTEE, and agrees to lender' s subordinations on
behalf of GRANTEE upon request.
5. GRANTEE agrees to waive any assessment in consideration
for GRANTORS ' conveyance of the
property as a result of the City
of College Station Capital Improvement Project G 81 81 17
for the reconstruction, paving, curbing and guttering of Dart-
mouth.
JOHN . HiNEA
/' ERDA HONEA
VOL 978r13() -2-
APPROVED AS TO FORM
THIS DOCUMENT MAY NOT
BE CHANGED WITHOUT
RE-SUBMISSION FOR APPROVAL
STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before me on the �
1 day of
rt , 1987 by John E. Honea and wife, Gerda
Honea.
.}�41RY P`<< 7ER23A BORIVI
Notary Public in and for
* . NOTARY PUNIC, ;TfTZ CF'EYES
N oP COI MISMN E FIC $43-9J the State of TEXAS
�'"" Printed Name: Teresa, gori ski
My Comm. Exp. : g- . 0
-3-
N r13- 131_