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Home My WebLink About1991V1330P309UTILITY EASEMENT Specific Property) 91 ? _ PM STATE OF TEXAS KNOW ALL MEN BY THESE 'P E'S ., Sj. r, / - /COUNTY OF BRAZOS r That, MICHAEL WAYNE THILTGEN, Individually and as Independent Executor of the Estate of Lydia Frances Boriskie, Deceased, and VIRGINIA HERMANN, GRANTORS, of the County of Brazos, State of Texas, for and in consideration of the payment of TEN and NO/100 DOLLARS, and for other good and valuable consideration, in hand paid to GRANTORS by the CITY OF COLLEGE STATION, TEXAS, the receipt of which is hereby acknowledged, have GRANTED, SOLD and CONVEYED and by these presents do 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 EASE- MENT and Temporary Construction Easement on and through the following described property: All that certain tract or parcel of land lying and be- ing situated in the Morgan Rector League in College Station,.,Brazos County, Texas, being an easement thirty 'Mfeet (30 ' ) in width and a temporary construction ease- feet (10 ' ) in wiatlitErough that` "tract con- veyed to V.J. Boriskie by deeds recorded in Volume 47 , Page 499, Volume 136, Page 359 and Volume 152 , Page 608 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 cen- terline on the attached Exhibit "A" , known as the "Permanent Easement Area" , and on the attached Exhibit "B" , known as the Temporary Construction Easement Area" , which construction ease- ment area is necessary to construct, install and attach struc- tures and equipment incident to the uses of the permanent utilityeasementarea. To erect, construct, install, and thereafter use, operate,inspect, repair, maintain, reconstruct, modify, and remove sani- tar sewer lines upon, over, and across said property as hereinTescribecT "and any ways, streets, roads, or alleys abutting same;and to cut, trim and control the growth of trees and other vege-tation on and in the easement area or on adjoining property ofGRANTOR, which might interfere with or threaten the operation and maintenance of any public utility equipment, accessories, or operations. It is understood and agreed that any and all equip-ment and facilities placed upon said property shall remain the property of GRANTEE. It is understood and agreed that any and all equipment and facil-ities placed upon said property shall remain the property ofGRANTEE. It is further understood and agreed that the construction ease-ment shall exist until one year after the colzp.,letion of theprojec„t,, It is also agreed that the expiration of this construction ease- ment shall not affect the GRANTEE's right to utilize the perma-nent easement area described in the attached Exhibit "A" . GRANTEE expressly agrees to return the construction easement areatoitsoriginalcondition, or as close thereto as is reasonablypossible. There is hereby conveyed unto GRANTEE all of the oil, ' gas and other minerals in and under and that may be produced for twenty-five feet (25 ' ) below the surface of the above-described 1 VOL 1330fact-309 easement, with no right of ingress and egress at any time for the purpose of accessing the easement for the development of said easement for oil, gas and other minerals and removing the same therefrom. It is expressly understood that the GRANTORS or future owners of this property reserve the right to use this EASEMENT for all pur- poses which do not interfere with or prevent its use by the GRANTEE. 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 GRANTORS do hereby bind themselves, their heirs and administrators, 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 everypersonwhomsoeverlawfullyclaiming, or to claim same, or anypartthereof. EXECUTED this /Sf day of (-6(..-/- /-ed 1991 . 1 MICHAEL WAYNE THILTGEN, Individually and as Independent Executor of the Estate of Lydia Frances Boriskie, Deceased VIRGIN./A HERMANN APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS This instrument was acknowledged before me on the 2(,-I day ofCh1n1(;U1 1991, by MICHAEL WAYNE THILTGEN, Individu- ally and as Independent Executor of the Estate of Lydia FrancesBoriskie, Deceased, and in the capacity therein stated. NORMA LEE CANALES 1 Notary Public,State of Turas ma f. Cf'(L , if My Commission E< presNqpi y Public in and for o,.,+. SEPT. 21, 1992 the State of T E X A S STATE OF TEXAS COUNTY OF BRAZOS Tinstrum nt was acknowledged before me on the 1.574- day of1. 1991, by VIRGINIA HERMANN. r 5t jr trT,iSi L SUNS 71 ` i Notary Public in and foror E 'k,-v the State OfTEXASt,,Yon;riioi Expires2.21.93 1; :30nAcu 310 2 Joe Orr, Inc. Surveyors&Engineers Rt.3 Box 413 College Station,Texas 77845 409)690-3378 30' Easement Boriskie Tract Morgan Rector League College Station, Texas 17 April 1990 All that certain tract or parcel of land lying and being situated in the Morgan RectorLeagueinCollegeStation, Brazos County, Texas, being an easement thirty feet (30') inwidththroughthattractconveyedtoV.J. Boriskie by deeds recorded in Volume 47,Page 499, Volume 136, Page 359 and Volume 152, Page 608 of the Deed Records ofBrazosCounty, Texas, and lying fifteen feet (15') each side of the following describedcenterline: Beginning in the line between the said Boriskie tract and that 17.83 acre tract conveyedtoEdwinW. Schultz by deed recorded in Volume 365, Page 671 of the Deed Records ofBrazosCounty, Texas, N 42° 20' 28" E - 1822.61 feet from an iron rod found at the inter-section of the southeast line of the said Boriskie tract and the northeast right-of-way lineofStateHighwayNo. 6 (East By-Pass). Thence through the said Boriskie tract as follows: S 73°01' 14" W - 69.90 feet to an angle point; S 42°35' 25" W- 240.37 feet to an angle point; S 85°03' 25" W- 268.28 feet to an angle point; S 80°20' 31" W- 811.60 feet to an angle point; S 85° 19' 25" W - 512.74 feet continuing through the said Boriskie tract to the northeastright-of-way line of State Highway No. 6 (East By-Pass) and the end of this easement atapointlocatedS32° 01' 23" E - 1037.30 feet from an iron rod found at the intersectionofthenorthwestlineofthesaidBoriskietractandthenortheastright-of-way line of StateHighwayNo. 6 (East By-Pass). 11#-'-1/) EXHIBIT "A" C SUti - vo: i3-3t1 311 Joe Orr, Inc. Surveyors& Engineers Rt. 3 Box 413 College Station,Texas 77845 409) 690-3378 10' Temporary Construction Easement Boriskie Tract Morgan Rector League College Station, Texas 17 April 1990 All that certain tract or parcel of land lying and being situated in the Morgan RectorLeagueinCollegeStation, Brazos County, Texas, being an easement ten feet (10') in width through that tract conveyed to V.J. Boriskie by deeds recorded in Volume 47,Page 499, Volume 136, Page 359 and Volume 152, Page 608 of the Deed Records ofBrazosCounty, Texas, and being more particularly described as follows: Beginning in the line between the said Boriskie tract and that 17.83 acre tract conveyedtoEdwinW. Schultz by deed recorded in Volume 365, Page 671 of the Deed Records ofBrazosCounty, Texas, N 42° 20' 28" E - 1871.61 feet from an iron rod found at the inter- section of the southeast line of the said Boriskie tract and the northeast right-of-way lineofStateHighwayNo. 6 (East By-Pass). Thence through the said Boriskie tract as follows: S 73°01' 14" W - 118.84 feet to an angle point; S 42°35' 25" W- 237.46 feet to an angle point; S 85°03' 25" W- 259.58 feet to an angle point; S 80° 20' 31" W - 811.56 feet to an angle point; S 85° 19' 25" W - 524.60 feet continuing through the said Boriskie tract to the northeast right-of-way line of State Highway No. 6 (East By-Pass) at a point located S 32°01' 22" E1009.15 feet from an iron rod found at the intersection of the northwest line of the saidBoriskietractandthenortheastright-of-way line of State Highway No. 6 (East By-Pass); Thence S 32°02' 11" E - 11.26 feet along the northeast right-of-way line of State High-way No. 6 (East By-Pass); Thence through the said Boriskie tract as follows:N 85° 19' 25" E - 519.86 feet to an angle point; N 80°20' 31" E - 811.58 feet to an angle point; N 85°03' 25" E - 263.05 feet to an angle point; N 42°35' 25" E - 238.62 feet to an angle point; N 73° 01' 14" E - 99.27 feet to the line between the said Boriskie tract and the saidSchultz17.83 acre tract; Thence N 42° 20' 28" E - 19.60 feet along the line between the said Boriskie tract and the said Schultz 17.83 acre tract to the Point of Beginning and containing 0.45 acres oflandmoreorless. i 4: . c- EXHIBIT '.B.. v•94-Ots`c0-°.Aoe vo. 13:.1 PA:pt 312 s