HomeMy WebLinkAbout1990V1162P613 439113
RIGHT-OF-WAY
(4)24-4.
MADE, this jl1Ci day of 0/1[1.41/1 , 19* ,
between HALDEC, INC. , a Texas Corporation (hereinafter called
"GRANTOR" ) and the CITY OF COLLEGE STATION, a Texas Municipal
Corporation , Brazos County, Texas (hereinafter called "GRANTEE" ) ;
WITNESSET H:
That for and in consideration of the sum of Ten and no/100
Dollars ($10 .00 ) to it paid , the receipt thereof is hereby ac-
knowledged , the GRANTOR hereby GRANTS , SELLS and CONVEYS the
property hereinafter described to the GRANTEE, a perpetual
easement, hereinafter right-of-way, for public utilities and a
street, and the GRANTEE shall have the right to construct, use,
operate , inspect, repair, maintain , reconstruct , modify, and
maintain such a street, and further may construct, operate, and
maintain underground electric transmission and distribution
lines, sanitary sewer lines, connecting lines, access facilities,
storm sewers , collection facilities , television , telephone and
communications lines on,
over, across, and under that portion of
GRANTOR 'S property described as follows :
All that certain tract or parcel of land ly-
ing and being situated in the Morgan Rector
League in College Station , Brazos County,
Texas, being a part of the 300 acre tract
conveyed to Haldec , Inc . , by deed recorded in
Volume 394 , Page 766 of the Deed Records of
Brazos County, Texas , and being more particu-
larly 'described as follows :
BEGINNING at an iron rod found at the most
southerly corner of Lot 3 In
Emerald Forest Phase One additions tolthei
of College Station, Texas, laty
accordi
of record in Volume 422 , ng to plat
Records of Brazos County,Page sTexas. of the Deed
•.
THENCE along the arc of a curve
(R=1404 . 00 ' tothe right
through a central angle of 10°
01 ' 29 " , the chord of which bears N 84 ° 39 '
15" W - 245 . 34 feet, to an iron rod set at
the end of said curve;
f
THENCE N 79°
iron rod set at t 11 36 ' 78 feet to an
the beginningpi/F(/(.4.)7the left (R=1045. 00 ) ; of a curve to
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THENCE along the arc of said curve through a
central angle of 5° 35 ' 15" to an iron rod
set at the end of said curve;
THENCE N 85° 13 ' 45" W - 131 . 03 feet to an
iron rod set at an angle point;
THENCE N 81 ° 24 ' 54" W - 266. 42 feet to an
iron rod set at an angle point;
THENCE N 42° 18 ' 36" W - 37. 92 feet to an
iron rod set in the northeast right-of-way
line of State Highway No. 6;
THENCE S 1 ° 53 ' 31 " E - 214 . 06 feet along
said northeast right-of-way line to an iron
rod set;
THENCE N 88° 06 ' 29" E - 0.68 feet to an iron
rod set at the beginning of a curve to the
left (R=25 ' ) in the existing north right-of-
way line of Emerald Parkway;
THENCE along the arc of said curve through a
central angle of 90 ° , the chord of which
bears S 46° 51 ' 17" E - 35 .36 feet to an iron
rod set at the end of said curve;
THENCE N 88° 08 ' 43" E - 75.00 feet to an
iron rod set at the beginning of a curve to
the left (R=748. 39 ' ) in the existing north
right-of-way of Emerald Parkway;
THEN along the arc of said curve through a
central angle of 14 ° 38 ' 29" to an iron rod
set at the end of said curve;
THENCE N 73 ° 30 ' 14" E - 85. 00 feet continu-
ing along the existing north right-of-way of
Emerald Parkway to an iron rod set at the
beginning of a curve to the right
(R=718 . 98 ' ) ;
THENCE along the arc of said curve through a
central angle of 16° 31 ' 00" to an iron rod
found at the end of said curve;
THENCE S 89° 58 ' 46" E - 222. 09 feet continu-
ing along the existing northwest right-of-way
line of Emerald Parkway to an iron rod set in
the northwest line of Emerald Forest;
THENCE N 7° 15 ' 37" W - 30. 27 feet along the
southwest line of Emerald Forest to the Point
of Beginning and containing 1 . 99 acres of
land more or less.
1 . GRANTOR grants to GRANTEE the right of ingress and
egress over GRANTOR'S adjacent lands to or from said easement for
the purpose of inspecting, maintaining, constructing, recon-
structing, repairing, operating, and/or removing said public
utility systems and/or
public street and any or all fixtures and
appurtenances thereto; the right to cut or trim trees and
foliage, other
q , _roots, brush and other obstructions within or along the
VOL 1 t62Pacf 614
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4
easement, to the extent, in the sole reasonable judgment of
GRANTEE, as may be necessary to prevent possible interference
with the operation of said facilities and/or equipment or to
remove possible hazards thereto.
2. GRANTOR further covenants 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.
3 . 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.
4. GRANTEE further covenants and agrees to provide GRANTOR
with fill dirt from the property immediately adjacent to the
easement area.
5. GRANTOR expressly subordinates all rights of surface use
incident to the mineral estate to the above described uses of
said surface by GRANTEE, and shall provide sublender ' s subordina-
tions.
HALDEC, INC.
BY: /i _
ALLEN SWOBODA, -Pres t -
APPROVED AS TO FORM.
THIS DOCUMENT MAY NOT BE CHANGED
WITHOUT RE-SUB ISSION FOR APPROVAL.
ifie41116.' •ie4
STATE OF TEXAS
COUNTY OF BRAZOS )
This instrument was acknowledged before me on the ',CA da y of
Haldec 2 ( , 1990, by ALLEN SWOBODA as Presid`of
Inc. , a Texas Corporation, on behalf of said Corporation.
3 t; < LINDAf•n ' ^.'i ' ) f%
N
rio.>>ry Fuc,; . s ' ary Publ i
to
rex..s h i . and for
°ika ,,,:?c'' My Commission xplre 3 L the State of. Te., as
�'� S Printed
Name:
My Comm.
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