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Home My WebLink About1989V1127P1 42- 7c 42q1-1 • UTILITY EASEMENT ..elidp12/X41,41biet (Specific Property) STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS ) That, CONTINENTAL EQUITIES INC. , GRANTORS, of the County of Brazos, State of Texas, for and in consideration of the payment of Nine Thousand Three Hundred Forty-Five Dollars and Thirty-Eight Cents ($9 , 345. 38 ) , and other good and valuable consideration, in hand paid to GRANTORS by the CITY OF COLLEGE STATION, TEXAS, the receipt of which is hereby acknowledged , have GRANTED, SOLD and CONVEYED and by these presents do 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 EASEMENT on and through the following described property: All that certain tract or parcel of land lying and being situated in the Richard Carter League in College Station, Brazos County, Texas, being a part of Reserve "B" and Re- serve "C" of Plantation Oaks section one addition to the City of College Station, Texas, according to the plat of record in Volume 311 , Page 179 of the Deed Records of Brazos County, Texas, which is also that 18. 782 acre tract conveyed to Continental Real Estate Partners, Ltd . , by deed recorded in Volume 333 , Page 511 of the Deed Records of Brazos County, Texas. Provided , however, that this conveyance shall herein specified only as to that grant the rights property more pportion of the above described terline on thea grant by course, width, and cen- Area" . "A" , known as the "Easement Under this conveyance this Grantee shall have the right to erect, construct, install , and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, and remove the following: Electric transmission and distribution lines; upon, over, and across the easement area and to cut, trim and control the growth of trees and other vegetation on and in the easement area which might interfere with or threaten the opera- tion and maintenance of any public utility equipment, acces- sories, or operations. It is understood and agreed that any and all equipment and facilities placed upon said property shall re- main the property of GRANTEE. GRANTORS expressly subordinate all rights of surface use incident to the mineral estate to the above described uses of said surface of the easement area byGRANTEE, by Grantor to a lenderr shall bedsubordinateagrees ttonths interestaegi- ven e and that foreclosure of all mortgage or deed of trust coveringnt, the easement area shall not terminate this Easement. ng VOL 14: AGE I - 1 - It is expressly understood that the GRANTOR retains full fee title and use of the easement area subject to the use allowed by this easement. Grantor further retains the right to grant future easements to other parties so long as Grantee' s use of this ease- ment is not materially impaired . It is further understood and agreed that the use allowed by this easement will not impair Grantor ' s current right to use the areas developed as parking spaces and driveways within the easement area. The Grantee agrees to indemnify and hold harmless Grantor and its successors and assigns from any liability, claim, damage or ex- pense of any kind or nature which may occur or arise against the Grantor, or its successors and assigns, as a result of the Grant- ee ' s use or operation of the easement area. This indemnification is intended to cover any and all claims which may arise or result from the granting of or use or operation of this easement, of whatever kind of nature. TO HAVE AND TO HOLD the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, forever, TEXAS, and its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof, subject to all matters of record ( excluding liens) and all physical matters currently existing on the Easement Area, including the encroachment of two ( 2 ) buildings into said easement, such encroachments not exceeding two feet ( 2 ' ) . EXECUTED this p3'": day of U.-coy E- 1989 . CONTINENTAL EQUITIES , INC. , a corpora- tion, and sole General Partner of CONTINENTAL REAL ESTATE PARTNERS, LTD. A Limited Partnership organized under the laws of the Commonwealth of Massachusetts BY: f Robert A. Kuras, President APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. STATE OF MICHIGAN COUNTY OF LEE[.3Nfjlt * ACKNOWLEDGMENT This instrument was acknowledged before me on the 1989, by Robert A. 'Z3�aY of of CONTINENTAL EQUITIES, INC Kuras as President Partner of CONTINENTAL REAL ESTATE PARTNERS, LTration and D. , ae a Limited l Partnership organized under the laws of the Commonwealth of ' "I JOE ORR, INC. Surveyors&Engineers Office Phone 690-3378 • Rt.3,Box 413 COLLEGE STATION, TEXAS 77840 Proposed Easement Continental Real Estate Partners , LTD. Tract Richard Carter League College Station, Texas 16 November 1987 All that certain tract or parcel of land lying and being situated in the Richard Carter League in College Station, Brazos County, Texas , being a part of Reserve "B" and Reserve "C" of Plantation Oaks section one addition to the City of College Station, Texas , according to plat of record in Volume 311 , Page 179 of the Deed Records of Brazos County, Texas , which is also that 18 . 782 acre tract conveyed to Continental Real Estate Partners , LTD . by deed recorded in Volume 333 , Page 511 of the Deed Records of Brazos County, Texas , and being more particularly described as follows : Beginning at an iron rod found at the intersection of the northwest right-of-way line of State Highway No . 30 and the northeast line of Rhett Butler Drive at the south corner of the said 18 .782 acre tract . Thence N 42° 26 ' 42" E - 1175. 26 feet along the northwest right- of-way line of State Highway No. 30 to an iron rod found at the intersection of the northwest right-of-way line of State Highway No. 30 and the southwest line of Scarlet O' Hara Drive which is the most easterly corner of the said Continental Real Estate Partners , LTD. tract; Thence N 47° 33 ' 18" W - 25. 00 feet along the southwest line of Scarlet O'Hara Drive; Thence S 42° 26 ' 42" W - 1175. 26 feet from the northwest right-of-wa from to and 25 feet the northeast line of Rhett Butler1Drivve; State Highway No . 30 to Thence S 47° 33 ' 18" E - 25. 00 feet alon Rhett Butler Drive to the Point of Beginning.the northeast line of ginning. 4C ''t / .. .-t74) • . . ._,,,.. .,-,,, Exhibit "A" ••.............. •t1 , ..DAVIT? :o. lA1,•x-...4,1 �•`•..,i4r........,... f1 C S U g VOL 1i?7paGr 3 i i;