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SANITARY SEWER EASEMENT _ .,' ." , .
(Specific Property)
STATE OF TEXAS § \l
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZOS §
THAT, LICK CREEK, LTD. , a Texas limited partnership,
GRANTOR, for and in consideration of the payment of TEN and
NO/100 DOLLARS, cash, and other good and valuable considera-
tion, in hand paid to GRANTOR by the CITY OF COLLEGE
STATION, TEXAS, the receipt of which is hereby acknowledged,
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, a perpetual (except
as expressly limited herein) EASEMENT (the "Sanitary Sewer
Easement") on and through the following described property:
Being a 20 ' wide strip of land (the "Easement Area")
lying and being situated in the Robert Stevenson
Survey, Abstract No. 54 , College Station, Texas, and
being part of the 35. 854 acre tract described in the
deed from Bob J. Griffin and wife, Patricia Griffin, to
Lick Creek, Ltd. , as recorded in Volume 813 , Page 555 ,
of the Deed Records of Brazos County, Texas; the
centerline of said 20 ' wide strip of land being more
particularly described on Exhibit "A" attached hereto
and made a part hereof for all purposes .
The purposes of the Sanitary Sewer Easement are to
erect, construct, install, and thereafter use, operate,
inspect, repair, maintain, reconstruct, modify, and remove
sanitary sewer lines, connecting lines, access facilities ,
and related equipment upon, over, and across the Easement
Area; 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 the sanitary sewer lines
and related facilities and equipment located on or in the
Easement Area. It is understood and agreed that any and all
equipment and facilities placed upon the Easement Area shall
remain the property of Grantee.
In conjunction with the Sanitary Sewer Easement herein
granted, Grantee shall have the temporary right to use for
the initial construction and installation of the sanitary
sewer lines , connecting lines , access facilities and related
equipment each 15 foot strip of land which is contiguous
with the most northerly or southerly boundary (as
applicable) of the Easement Area, in each case for the full
length of the Easement Area on an east to west direction.
The aforesaid temporary use rights shall cease and terminate
upon the earlier to occur of the final completion of the
construction and installation of said sanitary sewer lines
and related facilities and equipment across the Easement
Area or „ac u-'a .41,021-
iH
To the extent Grantor owns any part of the oil , gas or
other minerals located in, on or under the Easement Area,
Grantor expressly subordinates all rights of surface use of
the Easement Area which are incident to the drilling or
extraction of oil, gas or other minerals to the above
described uses which Grantee may conduct with respect to the
Sanitary Sewer Easement; provided, Grantor and its
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11,12(%,
PAGE
VOL 912 132
successors and assigns shall have the right to extract any
oil, gas or other minerals from and under the Easement Area
by directional drilling or other means, so long as Grantee' s
use of said Sanitary Sewer Easement is not disturbed.
Grantor hereby expressly reserves title to all oil, gas and
other minerals in, on or under the Easement Area.
It is expressly understood that the Grantor and future
owners of the Easement Area reserve and shall have the right
to use the Easement Area for all purposes which do not
unreasonably interfere with or prevent its use by the
Grantee including, without limitation, the extension of
roads or rights-of-way, and utility lines, pipes , mains and
conduits over, across and along the Easement Area.
This instrument and all rights and uses granted herein
shall cease and terminate automatically if Grantor fails to
use the Sanitary Sewer Easement for the purposes herein
permitted for any 24 consecutive month period; provided,
after the commencement of any non-use of the Sanitary Sewer
Easement, the running of such 24 month period shall not be
deemed interrupted until the Sanitary Sewer Easement is
thereafter used for a period in excess of 30 consecutive
days .
TO HAVE AND TO HOLD the Sanitary Sewer Easement 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, the Sanitary Sewer Easement unto the CITY OF
COLLEGE STATION, TEXAS , and its successors and assigns ,
against every person whomsoever lawfully claiming, or to
claim the same, or any part thereof by, through or under
Grantor, but not otherwise; provided, the aforesaid Sanitary
Sewer Easement is conveyed by Grantor and accepted by
Grantee subject to all easements , reservations , liens and
other encumbrances of record which do in fact cover or
effect the Easement Area.
tik
EXECUTED this Aday of
1986 .
LIC�R �,K LTD.
VY\([1
John D. Swope, y
Managing Partner
Grantee ' s address :
orf ��� ✓. '/
c2/;yy 4-77 „/-
//ci 7,7-Jie 4S A v .
College Station, Texas 774'/0
APPROVED AS TO FORM.
THIS DOCUMENT MAY NOT BE
CHANGED WITHOUT RE-SUBMISSION
FOR APPROVAL.
-2- VOL 017rI l-133
. fI
STATE OF TEXAS •
§
COUNTY OF 1,472fl §
This instrument was acknowledged before me on the 7/ f\ day
of ���� yL , 1986, by John D. Swope as Managing
Partner of Lick Creek, Ltd. , a Texas limited partnership.
Not y Public in - nd for the
State of Texas
fMy Commission Expires : `cif SF/1f� ,
Printed Name of Notary
(.0 y
SHOWPE1 (4)
VOL 912 PAH 1 34
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TEMPORARY 50'WIDE =``1
•CONSTRUCTION EASEMENT
35.854 ACRES TRACT
VOLUME 813 ,PAGE 555
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LICK CREEK LTD.
PROPOSED 20' PUBLIC UTILITY EASEMENT
ACROSS
35.854 ACRES TRACT
ROBERT STEVENSON SURVEY,A -54
COLLEGE STATION,BR AZOS COUNTY,TEXAS
SCALE: I"= 100' FEBRUARY,1986
VOLQ�/ o �� KLING ENGINEERING AND SURVEYING
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