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RIGHT OF WAY EASEMENT
90 DEC -4 l';! 2: 47
AND AGREEMENT
STATE OF TEXAS S
S KNOW ALL MEN BY THES.,
COUNTY OF BRAZOS S
0
THAT, CLEMENT A. FOJTIK, and wife, ANNIE KAPCHINSKI FOJTIK,
GRANTOR, of the County of Brazos, the State of Texas, for and in
consideration of the payment of TEN AND NO/10 ($10.00) DOLLARS,
cash, in hand paid to GRANTOR by the CITY OF COLLEGE STATION,
TEXAS, GRANTEE, the receipt of which is hereby acknowledged, and
the further consideration of the Grantee foregoing any right of
assessment said Grantee might have for any street paving or other
improvements against adjoining lands of GRANTOR, and this Deed and
Easement being given in lieu of condemnation by the GRANTEE;
HAVE GRANTED, SOLD, AND CONVEYED, and by these presents do
GRANT, SELL, AND CONVEY unto THE CITY OF COLLEGE STATION, TEXAS,
GRANTEE, a Home Rule Municipal Corporation, certain rights and
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interests in the nature of an EASEMENT AND RIGHT OF WAY on, across,
and through the following described property:
Being all that certain 0.76 acre tract or parcel of land lying
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and being situated in the Morgan •Rector League, Abstract No.
46, College Station, Brazos County, Texas, said tract being
more fully described in Exhibit "A" attached hereto and made
a part hereof for all purposes.
SAID EASEMENT to be used for a public right of way and street,
and the CITY shall have the permanent right to construct, use,
operate, inspect, repair, maintain, reconstruct, modify, and
maintain such a street within the easement area, and further may
construct, operate, and maintain within the easement area electric
transmission lines, distribution lines, and electric service
facilities sanitary sewer lines, connecting lines, access
facilities storm sewers, collection facilities, television,
telephone, and communications lines upon, over, and across said
property as described herein, and the CITY may cut, trim, and
control the growth of trees and other vegetation that might
interfere with the operation and maintenance of any public street
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VO:1224PA;T824
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or utility; and it
is further agreed that any equipment, poles and
facilities placed upon the property shall remain the
the GRANTEE, property of
TO HAVE AND TO HOLD the rights and interests herein described
unto the CITY OF COLLEGE STATION, TEXAS, and its successors and
assigns forever, and GRANTOR does hereby bind himself, heirs,
administrators and assigns to warrant and forever 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 claiming, g or the claim same, or any part
thereof.
EXECUTED this 1y Cc/.
rlday of Ate-• , 1990
•
CLEMENT A. FOJTIK
ANNIE KAPCHIN-,� •
I FOJTIK
Of
STATE OF TEXAS S
COUNTY OF BRAZOS S
S
of&phis instrument was acknowledged before me on this
the Fo jti :r; 1990, by Clement A. Fojtik, and wife, Annie Kapc�skdai
: • '..;;�• c' My•
tCommiE State Texas
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Commission xpires: 2y
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•y3 I.94 825
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METES AND BOUNDS DESCRIPTION
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OF A
0.76 ACRE TRACT
MORGAN RECTOR LEAGUE, ABSTRACT NO. 46
III
COLLEGE STATION, BRAZOS COUNTY, TEXAS
Metes and bounds description
of land, lying and being sitof the Morgan all that aRector League,acrertain 0.76 Atract or bstract No.
College Station, Brazos County, parcel
called 50.00 acre tract conveyed from Victoria Kapchinski to Clement A. Fo ti6,
Texas, and being a portion out of that same
et ux, as described by deed recorded in VOLUME 246, PAGE 657 of the Deed
Records of Brazos Count � k'
described as follows: y' Texas, said 0.76 acre tract being more particularly
BEGINNING____ at the south corner of said called 50.00 acre tract. '
corner being also the east corner of that same 17.76 acre tract conveyed from
John Ben Carrabba, Trustee, et al, to Henry Kapchinski, et al, as described
Ced recorded in VOLUME 933, PAGE 478, of the Official
County,eTexas.
ed by
Records of Brazos
THENCE N 49° 12' 38" W — 30.01 feet with the common line between said
called 50.00 acre tract and said 17.76 acre tract to a point for corner.
THENCE N 41° 54' 47" E — 1109.91 feet,
northwestnof the southeast line of said called 50.00 acre tract, to a
corner.
parallelcre ando point feet
for
THENCE S 48° 05' 21" E
line
THENCE
17F—said called 50.00 acre 30.00
feet to a
pointfor corner t the southeast
the proposed northeast right-of—waySaid pointo
line of A being the intersection with
THENCE S 41° 54' 47" W Appomattox Drive.
called 50.00 acre tract to the PLACE 3 OF BEGINNING,2 feet and southeast line of said 1
land, more or less.
ng 0.76 acres of •
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November 1990 '
�.�`�OF'.- Municipal Development Group
.. x.7,7 College Station, Texas
ComKESSLER:.
852+t:�,;; ��,�/1/�� " Hilly',
` y�•.ts tto.•y0, Prepared byr„IdiAirt `)11-- //�� d
.. Gam✓ /9
• ' A. W. Ke- ler
Registered Professional Land Surveyor
No. 1852
000457—F.09-39 (1802)
VOL i?94 ra.�� 6
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