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HomeMy WebLinkAbout1990V1174P128 • 0 -442231 UTILITY EASEMENT (Specific Property) STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS : COUNTY OF BRAZOS ) That, PEACE LUTHERAN CHURCH OF COLLEGE STATION, TEXAS, GRANTOR, of the County of Brazos, State of Texas, for and in consideration 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 de- scribed property: Two (2 ) strips or parcels of land , lying and being situated in the Crawford Burnett Survey, Abstract No. 7, Brazos County, Texas, and being out of Block 36 of the Southwood Valley Subdivision, Section 10-A, of the City of College Station, as shown on the plat recorded in Volume 404, Page 789, of the Brazos County Deed Records, said Block 36 also being Tract One described in the Deed to Peace Lutheran Church recorded in Volume 409, Page 211 , of the Brazos County Deed Records, 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 cen- terline on the attached Exhibit "A" , known as the "Easement Area" , and any additional area outside the easement area neces- sary necessaryinstall incidentattach theequipment, of the e , and anchors the Easement Area. To erect, construct, install , and thereafter use in- spect, repair, maintain, reconstruct, modify, ' operate,the fol- lowing : and removeol- lowing : Underground Electric distribution lines; upon, over, anroado dssosals leysas herein described and an ways,d control the abutting same; and to cut Y growth of trees and other vegetation on andtinm the easement area or on adjoining property of GRANTOR, which might interfere with or threaten the operation and maintenance any public utility equipment, accessories or operations. sof understood and agreed that any and all equipment and facilities placed upon saidIt is property shall remain the property GRANTOR expressly of GRANTEE. subordinate all rights of surface use incident to the mineral estate to the above described uses of said sur by GRANTEE, and agrees to lender ' s subordinations on behalf face of GRANTEE upon request. It is expressly understood that the GRANTOR this property reserve the right to usthis EASEMENTefornof pur- poses which do not interfere with or prevent its use by all y the TO HAVE AND TO HOLD the rights and interests herein to the CITY OF COLLEGE STATION TEXASdescribed un- signs, forever, and GRANTOR does herebya bindtitself, itss Succ as- sors and assigns, to warrant and forever defend , all and ces- / J • � 1 VOL ii 74 PAO!'12,8 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 8th day of August , 1989 . PEACE LUTHERAN CHURCH OF COLLEGE STATION, TEXAS BY: <t,t.-/J yj HARRY J. (;S p �� RkJS DENT APPROVED AS TO FORM ATTEST: . Wei ^ t,1,2i THIS DOCUMENT MAY NOT JULIE BAKER, SECRETARY BE CHANGED WITHOUT RE-SUBMT4SION FOR APPROVAL. STATE OF TEXAS * COUNTY OF BRAZOS * ACKNOWLEDGMENT This instrument was acknowledged before me on the 8th day of August , 1989, by HARRY J. SUGGS as President of PEACE LUTHERAN CHURCH OF COLLEGE STATION, TEXAS, a corporation not for profit, on behalf of said corporation. WESLEY HALL / - =7T .,` Notary Public N .ary /�►� ��S State of Texas Y Publ n .nd for •4",;riry Printed State of My commission expires'_„ q E X A S d Name: s My Comm. Exp. : ]tr c _ VOL 11 74 PAGE - 2 EXHIBIT A Electrical Easements Peace Lutheran Church Block 36, Southwood Valley Section 10-A Crawford Burnett Survey, A-7 College Station, Brazos County, Texas Field notes of two (2) strips or parcels of land, lying and being situated in the Crawford Burnett Survey, Abstract No. 7, Brazos County, Texas, and being out of Block 36 of the Southwood Valley Subdivision, Section 10-A, of the City of College Station, as shown on the plat recorded in Volume 404, Page 789, of the Brazos County Deed Records, said Block 36 also being Tract One described in the Deed to Peace Lutheran Church recorded in Volume 409, Page 211, of the Brazos County Deed Records, said two (2) strips of land lying each side of a centerline more particularly described as follows: TRACT ONE COMMENCING at a 1/2" iron rod found for the east corner of Block 36, lying in the northwest right-of-way line of Airline Drive; THENCE N 41° 18 ' 58" W with the northeast line of Block 36, same being the southwest line of the Third Tract described in the beforementioned deed to Peace Lutheran Church, for a distance of 108.72 feet to the PLACE OF BEGINNING, the west corner of said Third Tract bears N 41° 18' 58" W 1.28 feet; THENCE with the centerline of this description across Block 36 as follows: S 27° 29 58 E 37.70 feet to an angle point, S 10° 05 ' 35" W 74.47 feet to an angle piont, S 46 10 39" W 61.77 feet to an angle point, S 87° 08' 48" W 37.00 feet to the Point of Terminus of this description, said land lying 10.0feet each side of centerline described, containing 0.098 acres of land, more or less. TRACT TWO COMENCING at a 1/2" iron rod found for the east corner of Block 36, lying in the northwest right-of-way line of Airline Drive; THENCE N 41° 18 ' 58" W with the northeast line of Block 36, same being the southwest line of the Third Tract described in the beforementioned deed to Peace Lutheran Church, for a distance of 108.72 feet to the PLACE OF BEGINNING, the west corner of said Third Tract bears N 41° 18 ' 58" W 1.28 feet; THENCE N 48° 41 ' 02" E for a distance of 23.00 feet to the Point of Terminus of this d'tscription, said land lying 2.5 feet each side of centerline described, containing 115 square feet of land, more or less. .(E. OF°rF+9 Surveyed May, 1989 *. * , GARY B. NEILL By: j o\ 9 3964 Gc p•. SURN�-kO Regi s Bered 1Public Surveyor y r No. 3964 VOL 1174 PAGE 130 KLING ENGINEERING AND SURVEYING BRYAN TEXAS �;I