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HomeMy WebLinkAbout1986V911P637 370108 UTILITY EASEMENT ;` c`n -0 nn (Specific Property) STATE OF TEXAS ) ' KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS ) That, FIRST FEDERAL SAVINGS BANK, an Iowa Corporation, GRANTOR, of the County of Black Hawk, State of Iowa, for and in considera- tion of the payment of TEN and NO/100 DOLLARS, and other good and valuable consideration, in hand paid to GRANTOR by the CITY OF COLLEGE STATION, TEXAS, the receipt of which is hereby acknowl- edged, has GRANTED, SOLD and CONVEYED and by these presents does 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 30-foot wide strip of land, to be used as a public utility easement, located in the Morgan Rector League, Abstract No. 46, of the City of College Station, Brazos County, Texas, and being over, under and across a 32. 28 acre tract of land conveyed to Western Gulf Savings & Loan by deed recorded in Volume 865, Page 596 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 by course, width, and centerline on the attached Exhibit "A", known as the "Easement Area" , and any additional area outside the easement area neces- sary to install and attach equipment, guy wires, and anchors necessary and incident to the uses of the Easement Area. To erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, and remove the following: Electric transmission and distribution lines; Water lines and sanitary sewer lines, connecting lines, access facilities, and related equipment; Storm sewers and collection facilities; 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 ways, streets, roads, or alleys abutting same; and to cut, trim and control the growth of trees and other vegetation on and in the easement area or on adjoining property of GRANTOR, which might interfere with or threaten the operation and maintenance of any public utility equipment, accessories, or operations. It is understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of GRANTEE. GRANTOR expressly subordinates 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. — e 1 _ VOL 1 1 rIrr 0'Za , It is expressly understood that the GRANTOR or future Owners of this property reserve the right to use this EASEMENT for all purposes which do not interfere with or prevent its use by the GRANTEE. TO HAVE AND TO HOLD the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, forever, and GRANTOR does hereby bind itself, its successors and assigns, 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 whomsoever lawfully claiming, or to claim same, or any part thereof. EXECUTED this . day of L , 1986 . FIRST FEDERAL SAVINGS BANK BY: 1 €-Y-r-a /I \ ? APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SION FOR APPROVAL. 77 STATE OF IOWA ) COUNTY OF BLACK HAWK ) CORPORATE ACKNOWLEDGMENT This instrument was acknowledged ed before me on the .. sf- 198 , by 77 �S day of by-77 i¢ . ,f31/ . as -,541>4 1>4/i u%C -.Le1 r s of FIRST FEDERAL SAVINGS BANK, on behalf of said bank. 4 ,, Notay Pu 1ic in and for S '1 the State of P/X/X////5g/ 10 W A ., Printed Name: Alyene Sims My Comm. Exp. : 8-22-87 VOL 911_ °VI-638 - 2 - PUBLIC UTILITY EASEMENT Western Gulf Savings & Loan 32. 28 Acre Tract Being a thirty (30')-foot wide strip of land, to be used as a public utility easement, located in the Morgan Rector League, Abstract No. 46, of the City of College Station, Brazos County, Texas, and being over, under and across a 32.28 acre tract of land conveyed to Western Gulf Savings & Loan by deed recorded in Volume 865, Page 596 of the Deed .Records of Brazos County, Texas, said thirty-foot wide strip of land being more particu- larly described as follows: BEGINNING at the northwest corner of said 32,28 acre tract, said corner also being the south corner of Lot 5, Block 1 in the Woodstock Subdivision, an addition to the City of College Station as recorded in Volume 436, Page 481 of the Deed Records of Brazos County, Texas; THENCE N 45° 44 ' 49" E, along the northerly property line of said tract, a distance of 1599.04 feet to an iron pin in the northeast corner of said tract; THENCE S 44° 32' 00" E, along the easterly property line of said tract, a distance of 818.82 feet to an iron pin at the inter- section of the northerly right-of-way line of Holleman Drive and said easterly property line of said tract; THENCE S 45° 56' 52" W, along said northerly right-of-way line of Holleman Drive, a distance of 30.0 feet to a point for a corner; THENCE N 44° 32 ' 00" W, along a line located 30 feet southwest- erlytoff aandsparallel to8el to saidfeasterlo y propert Y,,�, ne of said point. f.o,r,. a corner; THENCE S 45° 44 ' 49" W, along a line located 30''feet southeast- erly of and parallel to said northerly tract, a distance of 1568.84 feet to property lined of said westerly property line of said tract; point located on the THENCE N 44° 55 ' 05" W, along said westerl distance of 30. 0 feet to . h Y property line, a . sacres t .eO'QiN'T OF 'BEGINNING, and containing 171 , 600 square. 'fee'v''of'land, more or less, save and except : 2,400 square feet contained in -the right-of-way Street, leaving a net total of 1 .589 acres, 69, 200 squarer feettoDarfuth land, more or less. A temporary construction easement 20 feet wide on the southerly westerly side of the above described 30-foot permanent easement, fora total of 50 feet, with the exception of any and granted until the completion of construction of aisanng tarsewer above buildings, is hereby permanent easement. Y in the gyp , . • ' E. R. McL".....c . • 3755 / ems/ EXHIBIT "A" VOL 911 PAGE 639