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HomeMy WebLinkAbout1991V1229P985 ~ ' 457391 At � SS_FILED Ocock,�M 0.3 1991 UTILITY EASEMENT (Specific Property) c• ARY =Bes c L�rC 08:tty STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS ) That, BRETHREN CHURCH OF BRYAN-COLLEGE STATION, 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 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 perpetual EASEMENT on and through the following described property: A 0.291 acre tract or parcel of land lying and being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas, and being a portion out of that same 4.37 acre tract conveyed from James M. Doss, et ux, to the Brethren Church of Bryan- College Station, as described by deed recorded in Volume 394, Page 775 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", known as the "Easement Area", and any additional area outside the easement area necessary to install and attach equipment, guywires, and anchors necessary and incident to the uses of the Easement Area. To erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, and remove the following: Electric transmission and distribution lines; Water lines and sanitary sewer lines, connecting lines, access'-facilities, and related e Storm sewers and collection facilities; quipment; Television, telephone, and communications lines; Drainage ditches, drainage pipes and all other drainage structures, surface and subsurface; upon, over, and across said property as herein described and any ways, streets, roads, or alleys abutting same; and to cut, trim and control the growth of trees and other vegetation on an in the easement area or on adjoining property of GRANTOR, which might interfere with or threaten the operation and maintenance of an public utility equipment, accessories, or operations. It is understood and agreed that any and all equipment placed upon said property shall remain the eand GRANTEE.y of GRANTEE. GRANTOR expressly subordinates all rights of surface use incident to the mineral estate to the above described uses of said surface by GRANTEE, and agree to provide lender's subordinations on behalf of GRANTEE upon request. It is expressly understood that the GRANTOR or future Owner of this property reserves the right to use this EASEMENT for all purposes which do not interfere with or prevent its use by the GRANTEE. VOL 12?9rAcr 685 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 itself, its successors 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, or to claim same, or any part thereof. EXECUTED this -,=! ,7 day of , //_ C.1•9i,-/jt r� 1990. BRETHREN CHURCH OF BRYAN-COLLEGE STATION BY: / C 1 c. �_.e._ APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT This instrument was acknowledged before me on the2 ---;" day of : oiieg 0,l althrenen Churh of Notary Public in and for the State of TEXAS a��i"°aa. _' >. DEBRA S. CHARANZA s, r" MY commissiON EXPIRES �'4.6F`�� June 5, 1994 VOL .2?9 PAGE.686 - 2 — , a METES AND BOUNDS DESCRIPTION OF A 0.291 ACRE TRACT (A 20' WIDE UTILITY EASEMENT) MORGAN RECTOR LEAGUE, ABSTRACT NO. 46 COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes and bounds description of all that certain 0.291 acre tract or parcel of land lying and being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas, and being a portion out of that same 4.37 acre tract conveyed from James M. Doss, et ux, to the Brethren Church of Bryan-College Station, as described by deed recorded in VOLUME 394, PAGE 775 of the Deed Records of Brazos County, Texas, said 0.291 acre tract being more fully described as follows: BEGINNING at a point for the northeast corner of said 4.37 acre tract, and being also the south corner of the remainder of that same 0.482 acre tract conveyed from Pauline A. Dobrovolny, Executrix, to Pauline A. Dobrovolny, as described by deed recorded in VOLUME 1164, PAGE 338, of the Official Records of Brazos County, and lying in the west right-of-way, line of Texas State Highway No. 6 East Bypass. A 6" diameter cedar fence post bears N 48° 34' 51" W 1.00 feet. THENCE S 00° 17' 12" E 20.28 feet with said right-of-way line to a point for angle point. THENCE S 01° 33' 03" E 614.90 feet with said right-of-way line to a 3/8" iron rod found marking the south corner of said 4.37 acre tract and the east corner of that same 7.147 acre tract conveyed from Karen Baird, Trustee, to Spring Branch Savings and Loan Association, as described by deed recorded in VOLUME 865, PAGE 560, of the Official Records of Brazos County, Texas. THENCE N 47° 46' 17" W 27.70 feet with the southwest line of said 4.37 acre tract to a point for corner. THENCE N 01° 33' 03" W 595.96 feet, 20' west of and parallel to said right-of-way line to a point for angle point. THENCE N 00° 17' 12" W 38.33 feet, 20' west of and parallel to said right-of- way line to a point for corner in the common line between said 4.32 acre tract and the remainder of said 0.482 acre tract. THENCE S 48° 34' 51" E 26.79 feet with said common line to the PLACE OF BEGINNING, and containing 0.291 acres of land, more or less. October 1990 • .•OF. Municipal Development Group ,4,`!;``t s•T'c .;� College Station, Texas ' v "' Prepared by:• • '� les . • / � '*A��s10V0•� A. W. Kessler 'j'd'••Su.��l Registered Professional Land Surveyor No. 1852 000338-F.18-39 (1796) EXHIBIT "A" VT. I !. U PAcr 687