1985V796P142 { • a. .
328334
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AMENDED �'
UTILITY EASEMENT • .
0114
(Specific Property)
L.
STATE OF TEXAS
KNOW ALL MEN BY THESE PRES QTS:
COUNTY OF BRAZOS )
THAT, ART M. McKELLAR, GRANTOR, of the County of Brazos , State of
Texas , for and in consideration of the payment of TEN and NO/100
DOLLARS, cash, and other good and valuable consideration, in hand
paid to GRANTOR by the CITY OF COLLEGE STATION, TEXAS, the re-
VE 'pt of which is hereby acknowledged , has GRANTED, SOLD and CON-
YED and by these presents does GRANT, SELL, and CONVEY unto the
said CITY OF COLLEGE STATION, a Texas Municipal Corporation , cer-
tain rights and interests in the nature of a perpetual EASEMENT
on and through the following described property:
Being that portion of that certain
public utility easement situated in
Southwood - Section 24 Addition to the
City of College Station, Brazos County,
Texas.
This easement amends and supercedes a utility easement granted by
dedication in Volume 310 , Page 687 of the Deed Records of Brazos
County, Texas.
This conveyance shall grant the rights herein specified onlyas
to that portion of the above described property more
described by course, width,
and centerline on the Exhi-
bitattachedcy
butsiA" ,tknownsas thea"Easement
Aryea"
and anyl additional area
equip-
ment , guy wires , and anchors necessaryy install and attach seof the Easement Area. and incident to the uses
This easement is granted as to the same
uses of that property to the following : Property but amends the
To erect, construct
Torrepair, , install , and thereafter use
P , maintain, reconstruct, operate,moein-
spect,following: modify, and remove the
Electric transmission and
distribution
Water lines and sanitary sewer lines ,
connnec ;
lines, access facilitiesrnecting
ted
Storm sewers and collection facdilities; egU1Pment ;
Television, telephone, and communications lines;
Drainage ditches, drainage pipes and all other
drainage structures, surface and subsurface;
upon, over, and across said Property as herein described and any
and control she g roads, or alleys abutting same;
and t ,
growth of trees and other vegetatiionoonuand tinm
the easement area or on
tenere with or adjoining property of GRANTOR, which
might publicintutility threaten the operation and maintenance of
anyneptood and agreed a uipmtnt, accessories,
placed upon said propertygll1Pmenpeandlfacilitiess
p any and all e
shall remain the
It is further Property of GRANTEE.
agreed that this easement shall be subordinate to
the structures currently
shall be reconstructed oron construuctedrin .
theono structures
easement area.
VTOL 796 PA.r 142
- 1 - pay
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GRANTOR expressly subordinates all rights of surface use incident
to the mineral estate to the above described uses of said sur-
face by GRANTEE, and agrees to sublender' s subordinations on be-
half of GRANTEE upon request.
It is expressly understood that the GRANTOR or future Owners of
this property reserve the right to use this EASEMENT for all pur-
poses which do not interfere with or prevent its use by the
GRANTEE.
TO HAVE AND TO HOLD the rights and interests herein described un-
to the CITY OF COLLEGE STATION, TEXAS, and its successors and as-
signs , forever, and GRANTOR does hereby bind himself , his succes-
sors and assigns, to warrant and forever defend , all and singu-
lar, these rights and interests unto the CITY OF COLLEGE STATION,
TEXAS, and its successors and assigns, against every person whom-
soever lawfully claiming , or to claim same, or any part thereof .
EXECUTED this 4 day of June
1985 .
ART M. Mc ELLAR
APPROVED AS TO FORM
THIS DOCUMENT MAY NOT
BE CHANGED WITHOUT
RE-SUBMISSION FOR APPROVAL.
"i is , / : <
Byt ZOS INDIVIDUAL ACKNOWLEDGMENT
This. ..instrument was acknowledged befo
---- 'nP 1985 b re me on the 4 day of
y ART M. McKELLAR.
Ti e
M b l___,-�—_-
My Commission Expires :
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WIL 796Pvr143
•
1 Application to Vacate
/ Utility Easement No.
EXHIBIT NO. 1
Being that portion of that certain public utility ease-
ment situated in SOUTHWOOD - Section 24 Addition to the
•
City of College Station, Brazos County, Texas , and being more
particularly described as follows:
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COMMENCING: at an iron rod at the south corner of Lot 16, Block 10 of
SOUTHWOOD-Section 24, College Station, Texas, according to a plat recorded
in Volume 308, page 407 of the Deed Records of Brazos County, Texas.
THENCE: N 45° 05' 03" E - 51 .56 feet to a point;
THENCE: N 44° 54' 57" W - 8.45 feet to the corner of a house for the
PLACE OF BEGINNING;
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THENCE: N 43° 14' 57" W - 1 .92 feet along the front of said house to a point
for corner;
THENCE: N 45°5 05' 03" E - 38.70 feet thru said house to a point for corner;
THENCE: S 43° 14' 57" E - 2.87 feet along the back of said house to its
corner for corner;
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THENCE: S 46° 29' 27" W - 38,70 feet along the side of said house to the
PLACE OF BEGINNING; and containing 92.65 square feet on 0.0021 acres of land,
more or less, according to a survey made on the ground under the supervision
of Donald D. Garrett, Registered Public Surveyor, No. 2972, in April 1985.
796 pAfT 144 •