HomeMy WebLinkAbout1987V987P713 T '
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STATE OF TEXAS
KNOW ALL MEN BY THE$E;, PR,E,SENTS:
COUNTY OF BRAZOS ) 391198
MADE, this 22e day of Y , 1987,
between CATHERINE A. KAPCHINSKI ( hereinafter called "GRANTOR" )
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 her paid, the receipt whereof is hereby
acknowledged, the GRANTOR hereby GIVES and DONATES 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, collection facil-
ities, television, telephone and communications lines on, over,
across, and under that portion of GRANTOR' S 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 0. 48 acre tract
conveyed to Catherine A. Kapchinski by deed
recorded in Volume 626, Page 826 of the Deed
Records of Brazos County, Texas, and being
more particularly described as follows:
Beginning at an iron rod found in the south-
east line of Krenek Tap Road at the most
northerly corner of the said Catherine A.
Kapchinski 0. 48 tract.
Thence S 47 degrees 53 ' 19 " E - 20 . 19 feet
along the northeast line of the said Catherine
A. Kapchinski 0. 48 acre tract.
Thence S 42 degrees 30 ' 00 " W - 100. 13 feet
through the said Catherine A. Kapchinski tract
to the northeast line of that 0. 725 acre tract
conveyed to the City of College Station by
deed recorded in Volume 371 , Page 723 of the
Deed Records of Brazos County, Texas;
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gS7r1 713
Thence N 47 degrees 55 ' 37" W - 19 .98 feet
along the line between the said City of
College Station tract and the said Catherine
A. Kapchinski tract to an iron rod found at
the most westerly corner of the said Catherine
A. Kapchinski tract, in the southeast line of
Krenek Tap Road;
Thence N 42 degrees 22 ' 52 " E - 100. 14 feet
along the southeast line of Krenek Tap Road to
the Point of Beginning and containing 0. 05
acres 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 , recon-
structing, repairing, operating and/or removing said public
utility systems and/or public street and any or all fixtures and
appurtenances thereto, including guy lines and anchors; 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 pre-
vent 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 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
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 surface use
incident to the mineral estate to the above described uses of
said surface by GRANTEE, and agrees to lender' s subordinations o
behalf of GRANTEE n
upon request.
5. GRANTEE agrees to waive any assessment in consideration
for GRANTORS ' conveyance of the property as a result of the
City
vo,
987r714 -2-
A
of College Station Capital Improvement Project G-81-81-15 for the
reconstruction, paving, curbing and guttering of Krenek Tap.
CATHERINE A. KAPCHINSKI
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 day of
, 1987 by Catherine A. Kapchinski
' Notary Public in and for
," , •, ' ., the State of T E X A S
Printed Name. A.,7040, -,` L
A,
My Comm. Ex
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