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STA'
E OF TEXAS
COUNTY OF BRAZOS
RIGHTOFWAY AGREEMENT
KNOW ALL MEN BY THESE PRESENTS
MADE, this
Ifc,k
day of F~ A /2...,/
.' 1999, between COLLEGE
STATION INDEPENDENT SCHOOL DISTRIC'
" a political subdivision (hereinafter called
"GRANTOR") and the CITY OF COLLEGE STATION, a Texas Municipal Corporation, Brazos
County
Texas (hereinafter called "GRANTEE");
w I T N E S S E T H:
FOR AND IN CONSIDERATION of the sum ofTEN and NO/100 DOLLARS ($10.00)
in hand paid, the receipt whereof is hereby acknowledged, the GRANTOR hereby GIVES and
DONA TES the property hereinafter described to the GRANTEE for a perpetual easement for
public utilities and a street; and GRANTEE shall have the right to construct, use, operate
inspect, repair, maintain, reconstruct, modify , and maintain such as a street, and further may
construct, operate, and maintain electric transmission and distribution lines, water lines, sanitary
sewer lines, connecting lines, access facilities, StOflIl sewers, collection facilities, 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 Robert Stevenson Survey, Abstract No.54, College Station,
Brazos County, Texas. Said tract being a portion of a called 49.026 acre tract as described by a deed to College Station Independent
Schoool District recorded in Volume 2774, Page 269, of the Official Public Records of Brazos County, Texas; more particularly
described by metes and bounds in Exhibit A attached hereto and made a part hereof.
GRANTOR
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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, reconstructing, 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 prevent possible interference with the operation of said facilities and/or equipment
or to remove possible hazards thereto
GRANTOR
further covenants and agrees that no part of improvements
constructed, erected or placed on said land by GRANTEE shall be or become or be considered as
bei~g 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,
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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 abovedescribed uses of said surface by GRANTEE, and agrees to lender's
subordinations on behalf of GRANTEE upon request.
COLLEGE STATION INDEPENDENT SCHOOL DISTRICT, a political subdivision
BY
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APPROVED AS TO FORM
THIS DOCUMENT MAY NOT
BE CHANGED WITHOUT RESUBMISSION FOR APPROV AL
:7Lo ~
STATE OF TEXAS
COUNTY OF BRAZOS
* * *
ACKNOWLEDGMENT
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~.s instrument was acknowledged , 1999, by DAVID NEAL as
Independen chool District, a political subdivisi
PREPARED IN THE OFFICE OF:
CitY'of College Station
Legal Department
p .0. Box 9960
College Station, TX 778429960
Project Info: Graham Road Widening Project
before me on the ~ day of Deputy Superintendent of the College Station
on, on its be alf.
N St
RETURN ORIGINAL DOCUMENT TO: City of College Station
Legal Department
P.O. Box 9960
College Station, TX 778429960
2
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METES AND BOUNDS DESCRIPTION
OFA
478 SQUARE FOOT TRACT
ROBERT STEVENSON SURVEY, A54 COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE ROBERT
STEVENSON SURVEY, ABSTRACT NO. 54, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF A CALLED 49.026
ACRE TRACT AS DESCRIBED BY A DEED TO COLLEGE STATION INDEPENDENT SCHOOL DISTRICT RECORDED IN VOLUME 2774, P AGE 269 OF
THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE P ARTICULARL Y DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 3/4 INCH IRON PIPE FOUND ON THE EXISTING SOUTHEAST RIGHT OF W A Y LINE OF GRAHAM ROAD
MARKING THE COMMON CORNER OF SAID 49.026 ACRE TRACT AND A CALLED 9.786 ACRE TRACT AS DESCRIBED BY
A DEED TO WESTFIELD ADDmON, Lill. RECORDED IN VOLUME 2968, PAGE 133 OF THE OFFICIAL PUBLIC RECORDS OF
BRAZOS COUNTY, TEXAS, FOR REFERENCE A CONCRETE RIGHT OF WAY MARKERFOOND ON THE SOUTHEAST LINE
OF GRAHAM ROAD MARKING THE NORTHWEST CORNER OF A CALLED 35.854 ACRE TRACT AS DESCRIBED BY A DEED
TO LICK CREEK, L ill., RECORDED IN VOLUME 813, P AGE 555 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS,
BEARS: N 42° 01' 33" E FOR A DISTANCE OF 5152.95 FEET FROM WHICH A CONCRETE RIGHTOFWAY MARKING rFOf.JND
ON THE SOUTHWEST LINE OF STATE illGHWAY NO.6 (VARIABLE WIDTH 'R.O. w. AT TillS POINT) MARKING A NORTH
CORNER OF SAID 35.854 ACRE TRACT BEARS: s 82° 22' 35" E FOR A DISTANCE OF 79.03 FEET;
TlIENCE: N 41° 59.26" E ALONG THE EXISTING SOUTHEAST LINE OF GRAHAM ROAD rFeR A DISTANCE OF 1.65 FEET TO A 5/8 INCH IRON ROD
FOUND MARKING AN ANGLE
POINT IN SAID LINE;
rmENCE: N 42° 39' 18" E CONTINUING ALONG THE EXISTING SOUTHEAST LINE OF GRAHAM ROAD FOR A DISTANCE OF
348.17 FEET TO A POINT ON SAID LINE;
THENCE: S 42° 12119" W THROUGH SAID 49.026 ACRE TRACT AND ALONG THE PROffiSEDS()tffHEAST LINE OF GRAHAM
ROAD FOR A DISTANCE OF 349.80 FEET TO A..POINT ON THE COMMON LINE OF SAID 49.026 ACRE TRACT AND SAID
9.786 ACRE TRACT;
S14 PO
EXHIBIT A
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THENCE: N 48° 041 16" W ALONG THE COMMON LINE OF SAID 49.026 ACRE TRACT AND SAID 9.786 ACRE '(RACT FOR A
DISTANCE OF 2.73 FEET TO THE POINT OF BEGINNING CONTAINING 478 SQUARE FEET (0.011 OF AN ACRE) OF LAND
MORE OR LESS AS SURVEYED ON THE GROUND DECEMBER, 1998. FOR MORE DESCRIPTIVE INF()RIv~TI{)N SEE PLAT
PREPARED JANUARY, 1999. BEARING ORIENTATION SHOWN HEREIN IS BASED OF GRID NORTH AS ESTABLISHED FROM
CITY OF COLLEGE STATION GPS MONUMENTS.
BRAD KERR
REGISTERED PROFESSIONAL LAND SURVEYOR No.4502
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Revised 020199
OF
* .\.
~ "'.\" BRAD KERR ~
~\'1 i11 ~('\~ 4502 .
\
in:
On: Mar 02,1999 at 04:24P
rls a
RecordinQs
DDCUI"'t Nu.ber: 1679S88 rllount 14.00
Receipt Nulber 126652
By,
Karen McQueen
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STATE 1" u mIrY 1"
I hereby certify that this instruaent MiS filed 011 the aat! and ti.! stalped hmOll by I! ~ MaS duly r!Crded in th! ¥OlUl! and Pag!
If th! Dated r!CGrds If:
BMZOO CIIITY ,
as staaped h!r!on by 1!.
Mar 02,1999
IIHIA.E AY ~ ~ CIlJTY IlfR< ~ (]JJTY I
514 PG 2
aJ «I lrJ IjI rro.. I.,D ISI
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