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1990V1204P673 • 450481 TEMPORARY CONSTRUCTION EASEMENT (Specific Property) • STATE OF TEXAS ) r=.a,,!;:-. .,�.Lt.! i C .N..(CLERK KNOW ALL MEN BY THESE PRESEN • N COUNTY OF BRAZOS ) d %�( � y THAT, AREA PROGRESS CORPORATION, a Texas Corporation, GRANTOR, of the County of Brazos, State of Texas, for and in consideration of the payment of TEN and NO/100 DOLLARS, cash, and other good and valuable consideration, 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, certain rights and interests in the nature of a Temporary Construction EASEMENT on and through the following described property: Being a portion of Tracts D and E, Southwood Valley, Section 30, as shown by plat recorded in VOLUME 508, PAGE 571, 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" and Exhibit "B". It is understood and agreed that any and all equipment and facilities placed upon said property shall remain the prop- erty of GRANTEE. It is further understood and agreed that the construction easement shall exist from the date construction begins on this project until completion of the construction or for a period of one (1) year from the date construction begins on this project. It is also agreed that the expiration of this construction easement shall not affect the Grantee's right to utilize the permanent easement area. GRANTOR expressly subordinates all rights of surface in- cident to the mineral estate to the above described uses of said surface by GRANTEE, and agrees to lenders' subordina- tions on behalf of GRANTEE upon request. GRANTEE expressly agrees to return the construction easement area to its original condition, or as close thereto as is reasonably possible. It is expressly understood that the GRANTOR or future Owner of this property reserves the right to use this construction 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 de- scribed unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, forever, and GRANTOR bind itself, its successors and assignsto warrantearndyfor- ever 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 claim- ing, or to claim same, or any part thereof. 12046 30. . d�.eo ?Z4A-2s 11041)6-17-iA , U(A A YQ_ 12l)4 rA,,,r 673 y , EXECUTED this / (0 day of .1442 ' , 1990. • AREA PROGRESS CORPORATION BY: � /� . ' W. D. F- tch, President APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. dor or/1-1 dr STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT This inst ument was acknowledgment before me on the /04 day of a us President o Area Progress Corporation, a�TexasD. 1tchCorp, as oration, on behalf of said corporation. GAYLE E. HAIL`', S N4.Notary Public, State of Texas � �� � • �; OTAR r PUBLIC in .' d for fly Commission Expires 5.26-92 the State of Texas VOL 1204 PAGE 674 -2- • 1, k), r1ETES AND BOUNDS DESCRIPTION OF A 0•.213 ACRE TRACT (A 20 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT) SOUTHWOOD VALLEY, SECTION 30 COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes and bounds description of all that certain 0.213 acre (9293 square foot) tract or parcel of land, lying and being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, and being a portion of Tract E, Southwood Valley, Section 30, as shown by plat recorded in VOLUME 508, PAGE 571 , of the Deed Records of Brazos County, Texa, said 0.215 acre tract being more particularly described as follows: COMMENCING at a point for the north corner of said Tract E, and lying in the southeast right-of-way line of FM 2818. A found concrete right-of-way marker bears N 61° 35 ' 36" E at a distance of 186.30 feet. THENCE S 41° 51' 54" E for a distance of 20.56 feet with the common line between said Tract E and Tract D, Southwood Valley, Section 30, to a point for the PLACE OF BEGINNING. THENCE S 41° 51' 54" E for a distance of 20.56 feet with said line to a point for corner. THENCE S 61° 35' 36" W for a distance of 323.02 feet across said Tract E to a point for angle point. THENCE S 58° 40' 21" W for a distance of 140.44 feet to a point for corner in the southwest line of said Tract E. THENCE N 48° 52' 19" W for a distance of 20.98 feet with said line to a point for corner. THENCE N 58° 40' 21" E for a distance of 147.28 feet to a point for angle point. THENCE N 61° 35' 36" E for a distance of 318.74 feet to the PLACE OF BEGINNING, and containing 0.213 acres of land , more or less. June 1990 Municipal Development Group OF r College Station, Texas C MARK R. PAULSOV ,o, 2099 Prepared by: G •Fc „Eo :'� A, 6,4C SUv�� Mark R. Paulson Registered Professional Land Surveyor No. 2099 000338-F. 15-38 (1780) EXHIBIT "A" VOL 204 675 :r; c< , (rr( 4 4y METES AND BOUNDS DESCRIPTION OF A O'.042 ACRE TRACT (A 20 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT) SOUTHWOOD VALLEY, SECTION 30 COLLEGE STATION, BRAZOS COUNTY, TEXAS • Metes and bounds description of all that certain 0.042 acre (1844 square foot) tract or parcel of land, lying and being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, and being a portion of Tract D, Southwood Valley, Section 30, as shown by plat recorded in VOLUME 508, PAGE 571 , of the Deed Records of Brazos County, Texas, said 0.042 acre tract being more particularly described as follows: COMMENCING at a point for the west corner of said Tract D, and lying in the southeast right-of-way line of FM 2818. A found concrete right-of-way marker bears S 61 35 ' 36" W at a distance of 314.48 feet. THENCE S 41° 51' 54" E for a distance of 20.56 feet with the southwest line of said Tract D to a point for the PLACE OF BEGINNING. THENCE N 61° 35' 36" E for a distance of 54.61 feet to a point for angle point. THENCE N 28° 24' 24" W for a distance of 20.00 feet to a point for corner in the southeast right-of-way line of FM 2818. THENCE N 61° 35' 36" E for a distance of 20.00 feet with said right-of-way line to a point for corner. 'THENCE S 28° 24' 24" E for a distance of 40. a point for corner. 00 feet across said Tract U to THENCE S 61° 35' 36" W for a distance of 69.83 feet to a point for corner in the southwest line of said Tract D. PSETHENCE N 41° 51' 54" W for a distance of 20.56 feet with said line to the OF BEGINNING, and containing 0.042 acres of land, more or less. June 1990 Municipal Development Group /S, T College Station, Texas cle MARK R. PAULSON 03\f 2099 �.F�,s1c ��°;`pQ ' Prepared by C SO O Mark R. Paulson Registered Professional Land Surveyor No. 2099 000338-F.14-38 (1780) VOL 1?..0 EXHIBIT "B"