HomeMy WebLinkAbout1988V1076P372 1
415239 1338 SEP 27 PM 2: 49
RIGHT-OF-WAY EASEMENT
STATE OF TEXAS
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZOS §
GRANT OF EASEMENT
1. That the BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY
SYSTEM, hereinafter referred to as "Board", acting by and
through its duly authorized officer, under the authority of
Board Minute Order No. 2g-78 of the Board, on behalf of the
State of Texas, by virtue of the authority granted to said
Board by Subtitle (C) , Chapter 85, Section 85.26, Texas
Education Code, in consideration of the mutual benefits to
be derived by both parties hereto, does hereby GRANT,
BARGAIN, SELL AND CONVEY, to THE CITY OF COLLEGE STATION,
hereinafter referred to as "Grantee", its successors and
assigns, a right-of-way easement across certain property
under the control of the Grantor located in Brazos County,
Texas, known as the property curb on University Drive at
Houston Street (formerly Ball Street) in The City of College
Station, to wit:
BEING: a strip of land three (3) feet wide for
easement and generally located parallel to the
northeastern boundary of a tract of land lying and
being situated in the J. E. Scott League, College
Station, Brazos County, Texas, said tract being an
0. 63 acre tract conveyed to the United States of
America (Post Office Dept. ) by the Agricultural and
Mechanical College of Texas by deed recorded in
Volume 91, Page 335 of the Warranty Deed Records
of Brazos County, Texas and being more particularly
described as follows:
COMMENCING: at a 1/2 inch iron rod for monument
marking the southmost corner of the aforementioned
0. 63 acre tract, said point being in the northeast
line of Houston Street;
THENCE: with the southeastern boundary line of the
aforementioned 0. 63 acre tract N 50 degrees 54 min-
utes E a distance of 180 feet to a point in the
northeastern boundary line of the aforementioned 0. 63
acre tract for corner;
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THENCE: with the northeastern boundary line of the
aforementioned 0. 63 acre tract N 36 degrees 25 min-
utes W a distance of 30.7 feet to a point in the said
northeastern boundary line; said point being a dist-
ance of 4 . 6 feet opposite and northeast of a power
pole owned by the City of College Station, Texas said
point also being the POINT OF BEGINNING.
THENCE: Continuing along said northeastern boundary
line of aforementioned 0. 63 acre tract N 36 degrees
25 minutes W a distance of 119.3 feet to a point
marking the northmost corner of said 0. 63 acre tract;
said point being in the southeast line of Farm-to-
Market Road 60;
THENCE: northeasterly with a right deflection angle
of ninety (90) degrees a distance of three (3) feet
to a pint for corner;
THENCE: in a southeasterly direction, parallel to and
three (3) feet northeast from the northeastern boundary
line of the aforementioned 0. 63 acre tract a distance
of 119.3 feet to a point for corner;
THENCE: southwesterly with a right deflection angle
of ninety (90) degrees a distance of three (3) feet to
the POINT OF BEGINNING and containing 357. 9 square feet
of land more or less.
PURPOSE AND LOCATION OF EASEMENT
2 . This easement shall be for the
of constructing and maintaining a trafficrpose control cable aatna,
location as indicated by Exhibit "A" incorporated herein for
all purposes. No additional area is granted or may be
located on the premises without the express permission of
the Grantor.
RIGHT OF ACCESS
3 . The Grantee is hereby
granted right
egress over and across said tract for ethe pu po se ingress and
constructing, maintaining, repairing, replacing and
f
rebuilding its facilities. The Grantee agrees to occupy the
land only to the extent and for the length of time necessary
for operating, constructing,
replacing and rebuilding suchmfacilities. repairing,
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DUTY TO REPAIR AND REPLACE
4. It is agreed that if Grantee damages or destroys any
fences, road, bridges, culverts, buildings or other property
on said right-of-way (other than the structures constructed
by the Grantee) that said will within a reasonable time
rebuild and repair the same to the extent that they will be,
as nearly as practicable, in like condition as before the
Grantee damaged or destroyed them. If the Grantee removes
any equipment or structure, it will fix and level as
required by the Board the land affected thereby so that said
land will be as nearly as possible in the same condition as
it was before the Grantee entered thereon.
NO FEE INTEREST GRANTEI
5. It is specifically understood and agreed that this
grant is a grant of right-of-way easement only, and does not
grant the fee interest to the surface or any interest in the
minerals, in and to the land affected hereby.
DURATION OF EASEMENT
6. In accordance with the Texas Education Code, Section
85.26 (c) , this grant is for a term of ten (10)
be renewed thereafter at the election of the Board. and may
RESERVATION OF NON-CONFLICTING USE OF PROPERTY
7. The Board hereby expressly reserves for its use and for
the use of any Part of The Texas A&M University System total
access to, across and on the herein specified
erty for
its own operations or for those operations of officers,ip'tsp
agents, and employees, such use to be in common with that of
Grantee,
provided that such use is not inconsistent with
Grantee's rights hereunder.
HOLD HARMLESS
8. Grantee shall indemnify and save harmless Grantor, its
officers, agents, and employees, from any and all costs or
liabilities from injury or death to
property arising out of the negligence rofns Granteeor 'nsge to
employees, agents, or contractors in the construction,
maintenance, repair, rebuilding, or operation of its
facilities and lines.
VOL _ 0I0rA . .
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ASSIGNMENT
9. Grantee shall not sell, assign, or convey this easement
without the express written consent of the Grantor, and any
attempt by Grantee to so sell, assign, or convey this
easement shall cause said easement to terminate.
ENTIRE AGREEMENT
10. This instrument contains the entire agreement between
the parties relating to the rights herein granted and the
obligations herein assumed. Any oral representations or
modifications concerning this instrument shall be of no
force and effect excepting a subsequent modification in
writing by the parties to be charged.
EFFECTIVE DATE
11. This agreement shall be deemed to be in force and
effect on the date of execution by the last of the parties
to execute same.
GRANTOR:
BOARD OF REGENTS OF
THE TEXAS A&M UNIVERSITY SYSTEM
,/ G3 erry / Adkisson � "
chtincellor
The Texas A&M University System
Date: - - ,
GRANTEE:
THE CITY OF COLLEGE STATION
BY: _v
--1110416
Date: 2 (Pd)
`'fin 171
5
STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before me on ii�1/ / , p
by Perry L. Adkisson, Chancellor of The Texas A•/u University���o
System.
`
Notary • ic, State of Texas
Printed Name: /614/(12/ ()0 �
My Commission Expires: /:,?647
STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before me on W Se�';r � /9,1'?
by LQr/L ✓
of The ity of College Station.
rz_ Notary Public, State of Texas
' ,` Printed Name: /'o
My Commission
Expires: ..S-2,3-
VOL 107S
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Field Notes
3' Easement for
Traffic Control Cable
City of College Station
September 9, 1988
BEING: a strip of land three (3) feet wide for easement and generally
located parallel to the northeastern boundry of a tract of land lying and
being situated in the J.E. Scott League, College Station, Brazos County,
Texas , said tract being an 0.63 acre tract conveyed to the United States of
America (Post Office Dept.) by the Agricultural and Mechanical College of
Texas by deed recorded in Volume 91 , Page 335 of the Warranty Deed Records
of Brazos County, Texas and being more particularly described as follows :
COMMENCING: at a 1/2 inch iron rod for monument marking the southmost
corner of the aforementioned 0.63 acre tract, said point being in the
northeast line of Houston Street;
THENCE: with the southeastern boundry line of the aforementioned 0.63 acre
tract N 50° 54' E a distance of 180 feet to a point in the northeastern
boundry line of the aforementioned 0.63 acre tract for corner;
THENCE: with the northeastern boundry line of the aforementioned 0.63 acre
tract N 36° 25' W a distance of 30.7 feet to a point in the said north-
eastern boundry line; said point being a distance of 4.6 feet opposite and
northeast of a power pole owned by the City of College Station , Texas said
point also being the POINT OF BEGINNING;
THENCE: Continuing along said northeastern boundry line of aforementioned
0.63 acre tract N 36° 25' W a distance of 119. 3 feet to a point marking the
northmost corner of said 0.63 acre tract; said point being in the southeast
line of Farm-to-Market Road 60;
THENCE: northeasterly with a right deflection angle of ninety (90°
degrees a distance of three (3) feet to a point for corner; )
THENCE: in a southeasterly direction,
parallelthree (3)
northeast from the northeastern boundrylineof thea afforementionede0.63
acre tract a distance of 119.3 feet to a point for corner;
THENCE: southwesterly with a right deflection angle of ninety
degrees a distance of three (3) feet to the POINT OF BEGINNING and°contain-
ing 357.9 square feet of land more or less.
EXHIBIT A
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3' Easement for
Traffic Control Cable
City of College Station
VOL 1Pr�, �� September 9, 1988 •
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