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HomeMy WebLinkAbout1991V1320P69.r UTILITY EASEMENT rA _ (Specific Property) QI T,UC 20 i.'. 11: 26 STATE OF TEXAS ) LE3K KNOW ALL MEN BY THESE PRESETTfS COUNTY OF BRAZOS ) DaUATT�YjC�;? That, ELLA LEE SANDERS FULCHER, NELSON SANDERS, CELE NEIND TRAMBLE, MELVIN SANDERS, BARBARA J. ANDREW and LAURA E. NELSON, GRANTORS, of the State of Texas, for and in consideration of the payment of TEN and N0/100 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: Being a 1.44 acre acre sanitary control easement situated in the J.B. Root Survey, Abstract No. 203, Brazos County, Texas, and a part of that-23.3 acre remainder of that 27.3 acre tract of land conveyed to Celestine Sanders Tramble, et.a. by deed recorded in Volume 562, Page 758, of the Deed Records of Brazos County, Texas; provided, however, that this conveyance shall grant the rights herein specified only as to that portion of the above described property more particularly described on the attached Exhibit "A", known as the "Easement Area", and any additional area outside the easement area necessary to install and attach equipment necessary and incident to the uses of the Easement Area. The following uses of such property shall be prohibited and GRANTEE -shall be entitled to go upon said property to prevent or abate such uses: A. Cesspool; B. Septic tank or septic tank open jointed drainfield; C. Sewage treatment plant; D. Sewage well; E. Sewage pumping station; F. Drainage ditches with industrial waste discharges or wastes from sewage treatment systems; G. Animal feed lots; H. Solid waste disposal sites or landfills; I. Lands irrigated by sewage effluent; J. No other facilities that might create a danger of pollution to the water to be produced from the well to be located at the center of this circular easement, with a radius of one hundred fifty-five feet (155"). GRANTORS expressly subordinate 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 on behalf of GRANTEE upon request. VOL 1320 FAGf .69 Th instrum nt was =o:%7 =a '•r_ VOt 1320ME 70 It is expressly understood that this property reserve the right purposes which do not interfere GRANTEE. the GRANTORS or future Owners of to use this EASEMENT for all with or prevent its use by the LD th i hts and interests herein described TO HAVE AND TO HO e r g 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 whomever lawfully claiming, to claim same, or any part thereof. / EXECUTED this / / day of �/U� , 1991. ELLA LEE SANDERS FULCHER NELSON SANDERS CELESTINE SANDERS TRAMBLE MELVIN SANDERS �v ARBARA J. DREW E. NELSON APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE -SUBMISSION FOR APPROVAL. STATE OF TEXAS-) Ll ciNf � <o :'.Th-A ' Sti-ument was .,0 ll� o PZ acknowledg before me on the / % day of 1991, by/E� LEE SANDERS FULCHER. (otary Public in and for the State of Texas STATE OF TE ) COUNTY OF ) acknowledged before me on the �/ day of 1991, by;Kbt�ary SON SANDERS. Public in and for �tate of Texas �1* ,;# ail (zS IV -2- e- STATE OF TEXAS ) COUNTY OF �OM�/J ) is in trument was acknowledged before me on the `iT9 day of 1991, by CELESTINE SANDERS LE. otary Public in and for the State of Texas STATE OF TEXAS COUNTY OF T s instrument was acknowledged before me on the r(p day of ' ucun r 1991, by MELVIN SANDERS. G " SH;BURRGS Notary Public in and o . * {/�G�j�j/�• pAft sTATEOFlous the State of Texas 1l�CaamE�YWT6.1992 STATE OF TEXAS ) COUNTY OF 14p k 2 t5 ) Eh T s instrument was acknowledged before me on the. �(, day of (e (�`57 , 1991, by BARBARA J. ANDREW. SHERI BURGS Nowypow Notary Public in an or STATE OFTEXAS the State of Texas MyC=mE*HjmhA1992 STATE OF TEXAS ) COUNTY OF ttfF/-RIS ) Thjs instrument was acknowledged before me on the J th day of 1991, by LAURA E. NELSON. l SHIRIBURGS Notary Public i an or Sr� 1�EAS the State of Texas AFTER RECORDING RETURN TO: City of College Station Office of the City Attorney P.O. Box 9960 College Station, TX 77842 PREPARED IN THE LAW 0`CE OF: City of College Stat'il5h' Office of the City Attorney P.O. Box 9960 College Station, TX 77842 -3- Vol.� _jel F 71 EXHIBIT A FIELD NOTES SANITARY CONTROL EASEMENT FOR PROPOSED POTABLE WATER WELL SITE ON CELESTINE SANDERS TRAMBLE, ET.AL. 23.3 ACRE TRACT 1.44 ACRES Being a 1.44 acre Sanitary Control Easement situated in the J.B. Root survey, Abstract No. 203, Brazos County, Texas, and a part of that 23.3 acre remainder of that 27.3 acre tract of land conveyed to Celestine Sanders Tramble, et.al. by deed recorded in Volume 562, Page 758, of the Deed Records of Brazos County, Texas, and being more particularly described as follows: COMMENCING at an iron rod located in the southwesterly corner of said 23.3 acre tract of land, said rod also being in the northwesterly corner of that tract of land conveyed to Don & Mrs Tony Angonia by deed recorded in Volume 164, Page 341 of the Deed Records of Brazos County, Texas, and on the easterly right-of-way line of State Highway OSR; THENCE, N 13'09'00" E coincident with the easterly right-of-way line of State Highway OSR a distance of 488.44 feet to a point on the west property line of said 23.3 acre tract and being the POINT OF BEGINNING of this description; said point also being on a non -tangent curve, concave to the west, and to which point a radial line bears N 28*39137" W a distance of 150 feet; THENCE, along said curve to the east, south, and west through a central angle of 263.37114" and a length of curve of 690.16 feet to.a point on the westerly. property line of said 23.3 acre tract and on the easterly right-of-way line of State Highway OSR; THENCE, N 13.091001, E a distance of 223.6 feet to the POINT OF BEGINNING and containing 1.44 acres, more or less. vo:1`1?0racs 72