HomeMy WebLinkAbout1984V660P264 61- k(-1 (oga
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SEWER EASEMENT MAR
8 1984
FRAN ..c rI KI6
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MADE, this ;211 day of /4A-rt,1.} , 1984, between
WESTINGHOUSE ELECTRIC CORPORATION, a Pennsylvania corporation, (hereinafter
called "Grantor") and the CITY OF COLLEGE STATION, Brazos County, Texas
(hereinafter called "Grantee") ,
WITNESSETH:
That for and in consideration of the sum of ONE THOUSAND AND NO/100 DOLLARS
($1 ,000.00) , the receipt whereof is hereby acknowledged, the Grantor hereby
gives and grants unto the Grantee an underground easement, ten (10) feet in
width, for the construction, placement, maintenance, operation, alteration,
repair, replacement and/or removal of , nitary sewer lines consisting of
conduits, manholes, pumps, and all other necessary and desirable fixtures and
appurtenances of every kind and nature for sanitary sewer service under a
portion of Grantor's property described as follows :
Being a part of 53.883 acre tract or parcel of land
lying and being situated in the Morgan Rector Survey,
Abstract No. 46, College Station, Brazos County,
Texas, as described in a Deed to Westinghouse Electric
Corporation recorded in Vol . 475, Page 124 of the
Brazos County Deed records; and said right-of-way
easement being more particularly described as follows :
Being a strip of land ten (10) feet in width, and
abutting on the northwest a portion of an existing
right-of-way granted by Easement dated July 6, 1982
between Westinghouse Electric Corporation, Grantor,
and the City of College Station, Grantee, and lying
to the northwest of the following described liner
'rl11 664P„G,E?_64
2/29/84
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Beginning at the point of intersection of the
southeast line of the aforementioned 53.883 acre
tract with the northeast right-of-way line of
State Highway No . 6 East By-pass ; thence N 43
degrees, 51 ' , 15" E a distance of 893.62 feet,
thence N 48 degrees, 36' , 30" W a distance of •
20 feet to the point of beginning :
THENCE by the following bearings and dimensions :
N 43 degrees, 51 ' , 15" E - 11 .33 feet,
N 45 degrees, 43' , 47" E - 333.31 feet,
N 46 degrees, 11 ' , 08" E - 124 .29 feet,
N 44 degrees, 27' , 33" E - 680.57 feet,
for a total distance of 1149.50 feet to a point
on the northeast boundary line of the aforementioned
53.883 acre tract of land, and containing approximately
0.26 acres of land, more or less.
Said easement is granted upon the following terms and conditions :
1 . Any work as set forth above shall be performed by Grantee at its sole
expense .
Grantee shall indemnify and save harmless the Grantor from and against
all losses, liabilities, claims or demands whatsoever ( including without
limitation, costs and expenses in connection therewith) arising out of any
personal injury, including death resulting therefrom, or out of any damage to
or loss or destruction of property, caused by the Grantee 's use of said
easement.
2. Grantor covenants for its successors and assigns, not to construct,
place, maintain or permit the construction, placement or maintenance of any
building or such structure upon, over or across said easement .
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3. Grantor grants to Grantee the right of ingress and egress over its
adjacent lands to or from said easement for the purpose of inspecting,
maintaining, constructing, reconstructing, repairing, operating and/or
removing said sanitary sewer systems and any or all fixtures and appurtenances
thereto; the right to cut or trim trees and other foliage, roots , brush and
other obstructions in the easement, to the extent, in the sole judgement
of Grantee, as may be necessary to prevent possible inte. ference with the
operation of said facilities and/or equipment or to remove possible hazard
thereto.
4. Grantor further convenants and agrees that no part of improvements
constructed, erected or placed on said land by Grantee shall be or become or
be considered as being 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.
5. Grantor reserves the right to use and enjoy the property affected by
said easement except insofar as such use and enjoyment does not unreasonably
interfere with the exercise of the rights herein granted to Grantee.
6. If Grantee fails to use easement within one (1 ) year of the date
hereof or once commencing use of the easement/right-of-way discontinues the
use of the easement for a continuous period of one (1 ) year, then the right of
easement herein granted shall automatically terminate except that Grantee
shall continue to be obligated to Grantor under Paragraph 1 hereof for any
claims, loss, liability, demands, costs and damages arising out of Grantee 's
use.
VOL 660PAr;[266
3 - 2/29/84
7. 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.
8. The right of easement herein is granted subject to prior rights,
conditions, covenants, easements, and encumbrances , if any to which the
Grantor's property is subject.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their proper officers and their corporate seals to be duly affixed,
as of the day and year aforesaid.
ATTEST:
WESTINGHOUSE ELECTRIC CORPORATION
Assistant Secretary � .
ATTEST: CITY OF COLLEGE STATION, BRAZOS
COUNTY, TEXAS
4 i
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By:
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696/29*
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COMMONWEALTH OF PENNSYLVANIA )
)
COUNTY OF ALLEGHENY SS:
/On this 1:32-
day of /a,ecii , 1984:, before me
1j9r i.e/F- {! /Y�A�;c� c�,' the undersigned officer personally appeared
d.P,2/So H who acknowledged himself to be the
of WESTINGHOUSE ELECTRIC CORPORATION, a
cor or�t�on an.
p , t at he as such (/,eF, Ac.c/z4:- being authorized
to do -so, ,exe:cuted the foregoing instrument for the purposes therein contained
,by 04niio. the name of the corporation.
IN WITNESS WHEREOF, I hereunto set my hand and official seal .
No y, Publ i c
COMMONWEALTH OF TEXAS
COUNTY OF BRAZOS ) SS:
rD
On this „7 -- dayof
- C ,v�1 �w
Er �2l,\ �f�RCt� , 1984, before me
t= the undersigned officer personally appeared
Hatt who acknowledged himself to be the
k' =t. of CITY OF COLLEGE STATION,
and t at he as such
executed the foregoing ins rumen ort e purposesntherei nrcontainedto obyo,
signing the name of
y
IN WITNESS WHEREOF, I hereunto set my hand and official seal .
,4116
ot. y Put is
4i,'y 04 .s--S
VOL 660 268
5 - 2/29/84
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