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HomeMy WebLinkAbout1990V1179P836 • � ' 4438 p Ji• � . s UTILITY EASEMENT (Specific Property:),. c,. .t .A STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS ) That, VERA COX DOWELL, Individually, and VERA COX DOWELL and REBECCA SUSAN DOWELL, TRUSTEES OF THE W. M. DOWELL TESTAMENTARY TRUST, GRANTORS, of the County of Harris, State of Texas, for and in consideration of the payment of TEN and NO/100 DOLLARS, 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 Morgan Rector League in College Station, Brazos County, Texas, being a part of that 10.40 acre tract conveyed to Dan and Susan Clancy, trustees, described by deed recorded in Volume 467, Page 314 of the Deed Records of Brazos County, Texas. Provided, however, that this conveyance shall grant the rights herein specified only as to that property more portion of the above described particularly described by course, width, and cen- terline on the attached Exhibits "A" ment Area" , and an and "B" , known as the "Ease- mentsrr y additional area outside the easement area y to install and attach equipment, guy , and necessary and incident to the uses of the EasementeArea . anchors To erect, construct, install, and thereafter in- spect, repair, maintain, reconstruct, use, operate,ovefol- lowing: modify, and remove the Electric transmission and distribution lines; Water lines and sanitary sewer lines, connecting lines, access facilities, and related e Storm sewers and collection facilities; quipment; Television, telephone, and communications lines; Drainage ditches, drainage pipes and all other drainage structures, surface and subsurface; upon, over, and across said wayscontrol streets, roads, Property as herein described and any way control the or alleys abutting same; and to cut, growth of trees and other vegetation on andtinm the easement area or on adjoining property might interfere with or threaten the of GRANTORS, any public aeration and maintenance of utility equipment, accessories, or operations . It Y and all equipment and facilities placed upon said s understood and agreed that a property shall remain the property of GRANTEE. GRANTORS expressly subordinates all rights of dent to the mineral estate to surface use inci- surface by GRANTEE, and the above described uses of said or releases on agrees to provide lender' s subordinations behalf of GRANTEE. + 9 )C-. „a4 ^< r. /3 /9' v3L 1179 PAGE 836 - 1 - It is expressly understood that the GRANTORS or future Owner of this property reserves 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 GRANTORS do hereby bind themselves, their heirs and administrators, 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 02 day of 224 , / , 1990 . A0e01•, �1,.. � . �� •I • , I? VERA COX DOWELL, Individually W.M. DOWELL TESTAMENTARY TRUST BY: VERA COX DOWELL, Trustee APPROVED AS TO FORM. BY: '- '`1 REBECCA USAN DOWELL, Trustee THIS DOCUMENT MAY NOT / BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. STATE OF TEXAS COUNTY OF HARRIS ACKNOWLEDGMENT do LANCY This instrument was acknowledge before me 2oT�Non the y a ay f 1990, by VERA COX WELL, ay of as Trustee of the W.M. Dowell TestamentarryTrustlndividually, and +--Ew Not ry Public in and for the State of T E X A S STATE OF TEXAS COUNTY OF HARRIS * ACKNOWLEDGMENT This ' stru ent was acknowledged before me on the -327 „T 1990, by REBECCA SUSAN DOWELL day of the f .M. Dowell Testamentary Trust. Trustee of L , q ,/,�,'' AL IV- ZtOr‘ No X •ublic fri axv +*for It JOE ORR, INC. Surveyors&Engineers Office Phone 690-3378 • Rt.3,Box 413 COLLEGE STATION, TEXAS 77840 F.M. 2818 Extension Proposed 15' Easement North Dan and Susan Clancy Tract Morgan Rector League College Station, Texas 3 March 1989 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 10.40 acre tract conveyed to Dan and Susan Clancy, trustees, described by deed recorded in Volume 467 , Page 314 of the Deed Records of Brazos County, Texas, and being more particularly described as follows : Beginning at an iron rod in the southwest line of the said 10. 40 . acre tract, N 42° 08 ' 53" W -214.58 feet from an iron rod found at the most southerly corner of the same. Thence N 42° , 08 ' 53" W - 21.29 feet along the southwest line of the said 10.40 acre tract; Thence through the said 10.40 acre tract along the arc of a curve to the left (R1=799.39' ) through a central angle of 0° 04 ' 52" , the chord of which bears S 86° 54 ' 52" B - 1 ;13 feet to the end of said curve; Thence S 86° 57 ' 18" E - 325.03 feet continuing through the 10.40 acre tract to the southeast line of same; said • Thence S 46° 44 ' 29" W the said 10.40 acre tract town iron rod75 feete g sethe for -thee mot south- erlyline h- corner of this tract; s Thence N 86° 57 ' 18" W - 296.73 feet through tract to the Point of Beginning and containing 0. 11 acres 10. 40 acre less, acres more or _f_;.--..t:„. t r �z, ,-'(..': ; '? ‘P. -7) /( f Y, ...:; EXHIBIT A s `\;` ~+ VOL 1179p;E- 33 ti JOE ORR, INC. Surveyors&Engineers Office Phone 690-3378 • Rt.3,Box 4 I 3 COLLEGE STATION,TEXAS 77840 F.M. 2818 Extension Proposed 15' Easement South Dan and Susan Clancy Tract Morgan Rector League College Station, Texas 3 March 1989 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 10.40 acre tract conveyed to Dan and Susan Clancy, trustees, described by deed recorded in Volume 467, Page 314 of the Deed Records of Brazos County, Texas, and being more particularly described as follows : • Beginning at an iron rod in the southwest line of the said 10. 40 acre tract, N 42° 08 ' 53" W - 44.09 feet from an iron rod found at the most southerly corner of the same. Thence S 83° 33 ' 06" E - 57.79 feet through the said 10..40 acre tract to an iron rod set in the southeast line of same; Thence S 46° 44 ' 29" W - 19.67 feet Along. the southeast line of the said 10.40 acre tract to the most southerly corner of thi tract; s Thence N 83° 33 ' 06" W - 28.06 feet through *the ' said 1 tract to the southwest line of same; 0. 40 acre • Thence N 42° 08 ' 53" W the said 10.40 acre tract to• th68e Pointeet of Beg ninghe hwest line of ing 0.01 acres more or less. Beginning and contain- EXHIBIT B VOL 1.179 PAV:839 POWER OF ATTORNEY THE STATE OF TEXAS I COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENTS : -That I , VERA C. DOWELL, of the City of Houston, County of Harris, State of Texas , hereby . appoint LARRY DAN CLANCY or SUSAN DOWELL CLANCY of Houston , County of Harris , State of Texas , as my attorneys in fact to act in my capacity to do every act that I may je pally do through an attorney in fact. This power of .attorney shall not termi - nate on disability of the principal . DATED: Lj ' /9r7-4)-e-a-- Vera C. Dowell . ' THE STATE OF TEXAS I COUNTY OF HARRIS I BEFORE ME, the undersigned, a Notary Public In and for said County and State, on this day personallya • ., C. DOWELL, known to me to be the appeared VERA is ' to the foregoing instrument and acknowledgedetoame thatusheribed executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND .SEAL OF OFFICE, this the �- day of *t.,. Try s / I�``- _-- --- - , .-1 V ce . . • • • N . 6262...4 • .. ' • • Npiah gRegRq c In O/_. Comm:,,,,oar.Aaor f,lr„�oe "44 19 1977as VQL 1/79N, E.840 POWER OF ATTORNEY THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS : COUNTY OF HARRIS S THAT I , VERA C. DOWELL, of said State and County , have made, tuted and appointed, and by these presents do make , constitute consti DAN CLANCY , and appoint my daughter , SUSAN CLANCY and her husband, of Houston, Harris County , Texas , my true and lawful attorneys , for me and in my name, place and stead to do any and every act and exercise any and every power that I might or could do or exercise h other person and that they shall deem proper or advisable, through any intending hereby to vest in them a full and universal power of attorney including the power to take possession of any or all of the real estate, mineral interests , or any other property to or in which I am or may be in any way entitled or interested; to contract to sell and convey the same or any part thereof giving and granting unto my said attorneys full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully , to all intents and purposes , as I might or could do if personally present and also giving and grant- ing unto my said attorneys full power to substitute one or more attorney or attorneys under them, my said attorneys, in or concern- ing the premises or any part thereof and such substitution at their pleasure to revoke, hereby ratifying and confirming whatsoever my said attorneys or their substitute or substitutes shall and may do by virtue hereof in the premises ; and I agree and represent to those dealing with my said attorneys in fact or their substitute or substi- tutes that this power of attorney may be voluntarily revoked alone by revocation entered of record in the office of the County Clerk of Harris County, Texas . This power of attorney shall not terminate on disability of the principal as provided by Article 36A of the Texas Probate Code of the Revised Civil Statutes of the State of Texas . `- 4(2 , Z4_011 tx VOL _�.1 7V Via,r 841 • IN WITNESS WHEREOF, I have hereunto set my hand this day of 1979 . (14-02_40t i&COde VERA C. DOWELL THE STATE OF TEXAS S COUNTY OF HARRIS S BEFORE ME, the undersigned authority, on this day personally appeared VERA C. DOWELL, known to me to be the erson is subscribed to the foregoing instrument and toname that she executed the same for the purposes and consideration therein expressed. day of GI N under y;thand and seal of office, this the —�--� G✓ , 1979 . Adif A iJ C. N. y P •lic in and for Harris county, Texas . yGJIIb-ee VOL 1 1 79pa;E-842