HomeMy WebLinkAbout1987-1697 - Ordinance - 02/12/1987ORDINANCE NO. 1697
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT TO
GENERAL TELEPHONE COMPANY OF THE SOUTHWEST FOR THE LOCATION OF
TELEPHONE LINES TO THE UTILITY SERVICE CENTER.
WHEREAS, the City of College Station is in the process of
constructing a new city facility known as the Utility Service
Center located on Graham Road in College Staiton; and
WHEREAS, General Telephone Company of the Southwest has requested
that the City grant them an easement in which to place the tele-
phone lines that will service the Utility Service Center, more
fully described in the attached Exhibit "A".
NOW, THEREFORE, SE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION that the Mayor is hereby authorized to execute on
behalf of the City of College Station an easement to the General
Telephone Company of the Southwest for the location of telephone
lines to the Utility Service Center on Graham Road in College
Station, more fully described in the attached Exhibit "A".
PASSED and APPROVED this 12th day of February 1987.
ATT%S : ,-D
Dian Jo~s,/City Secretary
APPROVED:
004959
EXHIBIT "A"
GBANTOR:
CITY OF COLLEGE STATION
STATE OF TEXAS
COUNTY OF BRA~.OS
GBANTEE:
GENERAL TELEPHONE CO.
P. O. BOX 3158
BRYAN, TEXAS 77805
EXCHANGE: College
Station
ORDER NO
KNOW A~L MEN BY THESE PRESENTS~
EASEMENT AND RIGHT-OF-WAY
That, CITY OF COLLEGE STATION, a Municipal Corporation of the
County of Brazos and State aforesaid, for and in consideration of
the sum of TEN & NO/100 DOLLARS, ($10.00) to it in hand paid by
GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, a Delaware corpora-
tion, the receipt of which is hereby acknowledged and confessed,
has this day GRANTED and CONVEYED and does, by these presents,
GRANT and CONVEY unto GENERAL TELEPHONE COMPANY OF THE SOUTHWEST,
its successors and assigns, an easement ten feet in width, to
construct, place, operate, inspect, maintain, repair, replace and
remove such buried communication cable as GRANTEE may from time
to time require, consisting of buried cable, markers and
necessary fixtures and appurtenances, over, across, under and
upon the following described property to wit:
A portion of that certain tract or parcel of
land containing 34.41 acres out of the Robert
Stevenson League, Brasos County, State of
Texas, said tract being more particularly
described in a Deed recorded in Volume
at Page of the Deed Records, County
and State aforesaid.
An easement ten feet in width, said easement
being described as being the ten feet lying
and situated to the left of the following
described line.
Beginning at a point in the northerly right-
of-way line of Graham Road, from which the
southeasterly corner of the aforesaid tract
bears N 41' 55' 31" E a distance of 342'.
THENCE N 49' 23' 46" W a distance of 469.1'
to a point
THENCE N 45e 49' 46" W a distance of 249.6 to
a point for ending.
Situated in Brazos County, State of Texas.
GRANTOR covenants for itself, its successors and assigns, not to
place or maintain any building or structure on said easement.
GRANTOR grants to the GBANTEE the right of ingress and egress
over its adjacent lands to or from said right-of-way for the
purpose of inspecting, maintaining, constructing, reconstructing,
operating and removing its buried communication cable and associ-
ated appurtenances over, under, across and upon the above
described property, and the right to place markers and other
devices to support or mark said construction where necessary.
Exhibit "A"
004960
The GRANTOR also agrees to include the right to relocate said
buried communication cable on said premises to conform to any
future highway relocation, widening or improvement.
The GRANTOR acknowledges that the consideration recited above
includes compensation for any and all damages to the surface or
grass or crops located thereon resulting from original construc-
tion by GP~NTEE. Should GRANTEE or its agents or employees,
subsequent to original installation of communication facilities
within the easement described above, have occasion to enter upon
the premises to perform maintenance upon such facilities, GRANTEE
agrees to pay GRANTOR the actual cash value of that portion of
crops destroyed in the course of performance of such maintenance;
and GRANTOR agrees to receive such amount in full discharge of
any claim for damages which might have been advanced.
TO HAVE AND TO HOLD the above described easement and rights unto
the said GRANTEE, its successors and assigns, until said line
shall be abandoned.
And GRANTOR does hereby bind itself, its successors and assigns,
to warrant and forever defend, all and singular the above
described easement and rights unto the said GRANTEE, its succes-
sors and assigns, against every person whomsoever lawfully claim-
ing or to claim the same or any part thereof.
EXE CTED thi, _ day , ,,87.
CITY OF COLLEGE STATION
Dian Jones,(~ty Secretary
STATE OF TEXAS
COUNTY OF BRAZOS
ACKNOWLEDGMENT
BEFORE NE, the undersigned, a Notary Public in and for sai__d
County and State, on this day personally
known to me to be the person and off~icer who~e
name is subscribed to the foregoing instrument and acknowledged
to me that the same was the act of the said CITY OF COLLEGE
STATION, a municipal corporation, and that he executed the same
as the act of such corporation for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN UNDER MY fiAND AND SEAL OF OFFICE this the I%~- day of
F~.~a~u , 1987.
Notary Public in and for
the State of T E X A S
Printed Name:Co~.
My Comm. Exp.:
004961