HomeMy WebLinkAboutEasement Parker 08.13.1963THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON 3120
That We, Russell Parker and wife, Irene Parker, of said
County and State, for and in consideration of the sum of
TEN DOLLARS ($10.00) cash in hand paid, the receipt of which
is hereby acknowledged and confessed and deemed sufficient,
have this day and by these presents do hereby Grant, Bargain,
Sell and Convey unto the City of Georgetown, Texas, an easement
and right-of-way covering the following lots or parcels of land:
An Easement in perpetuityfor a sanitary sewer line
being a strip of land ten (10feet in width lying five (5)
feet on each side of a centerline, plus a temporary easement,
for construction purposes, twenty-five (25) feet in width,
on the southerly side of and adjacent to said easement in per-
petuity, said centerline being described as follows:
Portion west of Interstate Highway U. S. 35.
BEGINNING for reference at a point on the westerly right-
of-way of Interstate Highway, U. S. 35, which point is
opposite engineer's reference line station 795 + 00;
THENCE along said right-of-way line S 35" 26.5' W
56.53 feet io the point of beginning of this easement, same
point being in a tract conveyed to Irene Williams Parker by
deed recorded in Volume 410, page 25 of the Deed Records of
Williamson County, Texas;
THENCE, N 78' 15.14' W 10.00 feet to the point of termination
of this easement lying west of said Highway.
Portion east of Interstate Highway U. S. 35.
BEGINNING for reference at a point on the easterly right-
of-way of Interstate Highway U. S. 35, which point is opposite
engineer's reference line station ?93 + 00;
THENCE, along said right-of-way line S 26° 44.6' W 146.41
feet to the point of beginning of this easement, same point
being in said Irene Williams Parker tract;
THENCE S 78' 15.40 E 10.00 feet to the point of termination
of this easement,�lyipg west of said Highway.
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-Located in said City, with the right of ingress and egress in -----
and to the same with full power and authority to lay sewer,
drainage and water piping in and through the aforesaid property,
giving to the said City and its assigns and successors the
right, power and authobity to make such repairs, if any, to
I
said sewer, drainage and water piping whenever, from any reason
it shall become necessary.
WITNESS OUR HANDS this the ] day of , 1963.
1 1010
Rtfs-s-e'llar er
Irene Parker
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, on this day personally
appeared Russell Parker and Irene Parker, pis wife, both known
to me to be the persons whose names are subscribed to the
foregoing instrument, and acknowledged to me that they each
executed the same for the purposes and consideration therein
expressed, and the said Irene Parker, wife of the said Russell
Parker, having been examined by me privily and apart from her
husband, and having the same fully explained to her, she,
the said Irene Parker acknowledged such instrument to be her
act and deed, and she declared that she had willingly signed
the same for the purposes and consideration therein expressed,
and that she did not wish to retract it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the qday
of 1963.
n
NWARY PUBLIC
n and..
W LLIAMSON COUNTY, T
A
THE STATE OF TEXAS
County of Williamson } I, Dick Cervenka, Clark of the County Court of said County, do hareby certify
t"'at the foreg-ing iris,rument in wr�i 'n,g, with its certificate of authentication„ was ad for record in my c;fico
cn the...day af.... G3 ..�..A. D. 196 ., at . J%.3Q.o'cfock ..�:_. M., and duly recorded thi,
tl e .. `......day ef.... .. !.--'---.A, D. 1-5.3., at .-/.;.5.3 o clock . . M., In tho.... .._.
---------------- - ...................... UoAs of sa;d Coun".y, in Vji.....�. ..pp.._�........
%UiELSS MY NVi0 and seal of the Caunty Court of said County, at office in Georgetown, Texay
the daie last above written.
E DICK CERVENKA, CLERK
By— ...Deputy County Court, WildamsQn County, Tcxas.
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'RIGHT-OF-WAY AND BAUMENT
RUSSELL PARKER ET U)(,,
I FtE
A, PARKER'
TO
P ITY OF GEORORTOWN
1963
OCT
Out I ;Utft!n Co., Toot
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Poem 179
(Revised 11-1959)
Pipe Line License
AGREEMENT, made this day of A. D. 19-11 between
MISSOURI -KANSAS -TEXAS RAILROAD COMPANY 'hereinafter wiled "Licensor," and
VM cm OF GF4RWT" address POSA OtfIft D" 400 of
Temse Mulas"s 0610T$') hereinafter called "Licensee."
1. In consideration of
the covenants of Licensee hereinaftet} set forth, Licensor
hereby grants to Licensee, for the period and under the conditions below stated, the right to construct, main-
tain, and operate OM �1� pipe line_, hereinafter called the "Crossing," not exceeding sight
inches in diameter to be used for carrying across or along the right of way or other grounds
constituting a part of Licensor's railroad at or near the Station of 00m8pim_ in the
County of IM21and State of TeI"
17
sail sisM (on) iaeit s"IteX7 *"W pips Lim oroesss soil
RoLir"A Oespem4s piss st M aftls of 66 deov" 30
aim must aoso or 'uses masun d to the lottp westerly lass+
siert to oVM# 9*001 VW **Ut+W Sias of said ilailroai 4W-
paxsrrs Mai AvAoW+s sabdiv3slea heir ?malt st Vile last Moll
beta# suis trash valmetim elra aJ ag statist 8291 plus 97 disw
Huai 30 lost, rocs W luso, ■ossurei moet wIr alerts Us ooer�
ter ling of said rain trook &M semtb street U" of aest
wU atmet (Nemolta) beaas ♦olustlen ehai.eriss +29 plus $7
AM Gorrget0=0 U23Jarsoa Gowiw# !sou/ "" pay. U" alts
oruou wader 100 Trooie Noo 31.
Said pipe line shall be encased in a larger pipe where it passes under any railroad track and for at least
ten (10) feet on each side of the center line of any such track.
2. The crossing shall be laid and maintained at the sole cost of Licensee in a manner and with
material satisfactory to Licensor's Chief Engineer, with its top at least four (4) feet below the bottom
of the ties under the track, and at least two (2) feet below the surface of the ground elsewhere, so it
will not interfere with the safe operation of said railroad or cause damage to said Licensor's premises.
If Licensee shall fail to make necessary repairs to said crossing within thirty (30) days after no-
tice from Licensor so to do, Licensor may make such repairs as the agent and at the cost and risk of
Licensee, and Licensee. shall, upon demand, reimburse to Licensor all such cost with ten per cent (10%)
thereon as a charge for supervision, accounting, and use of tools. But failure of Licensor to make such
repairs shall not release Licensee from liability for injury or damage resulting therefrom.
10
3. If the presence or maintenance of said crossing on Licensor's premises as herein authorized shall
at any time, in the judgment of Licensor, interfere with any use Licensor may desire to make of said prem-
ises, or with the safe or convenient operation of its business, or if Licensee shall fail to keep any of Li-
censee's covenants herein, Licensor may ,cancel and terminate this contract ,on giving to Licensee not less
than ten days (10) days' advance written notice of its desire and intention so to do.
4. Upon the termination of this agreement, whether in' accordance with the provisions of. Paragraph
3 or of Paragraph 6 hereof, or otherwise, Licensee shall remove said Crossing from Licensor's;premises,
and restore said; premises, to .their prior condition or to a condition satisfactory to Licensor's Chief Engineer,
and if Licensee shall fail to remove said Crossing within thirty (30) days after the termination of this
agreement, Licenor may remove the same and restore said premises as herein provided as .the 'agent and
at the expense and risk of Licensee, and Licensee shall reimburse to Licensor all said expense, plus ten
per, (1076) thereof as a charge for supervision,:-. accounting and use of tools, within ten (10) days after
demand therefor.
5. Licensor shall, not be liable for any damage to said Crossing or the contents thereof,. howsoever
such damage shall be ' caused, whether by the negligence of Licensor, its agents, servants, or employes,
or otherwise.
Licensee assumes the risk of, and shall protect, indemnify and save 'harmless Licensor from and
against all liability for or , on account of, injury to or death of persons pr damage to property, includ-
ing live stock killed- or injured, resulting from or incident to the construction, maintenance, use, operation
or existence of, said Crossing on Licensor's premises, or the removal thereof from said premises, or to the
restoration of or failure to restore said premises to their prior or other condition as herein provided, whether
such injury, death or damage shall be caused or contributed to by the negligence of Licensor, its agents,
servants or employes, or otherwise.
Licensee shall not have or make against Licensor any claim or. demand for or on, account of any
damage Licensee may suffer or sustain because of any failure of Licensor's title to the right of way and
lands occupied by 'said' Crossing or any partthereof.
6. This agreement shall bind -and inure to the benefit of the parties hereto, their successors and as-
signs, or heirs, executors' and administrators, but ,Licensee shall not assign the :same without-1he written
consent of Licensor.
This agreement shall'take effect the- day of — 19
and unless terminated as Aove provided, shall continue in force for M and thereafter
until terminated by one of the parties giving to the other not less than thirty (30) days' advance no-
tice in writing of an intention to terminate the same, the agreement to terminate upon the expiration of such
notice.
In TESTIMONY WHEREOF, witness our hands, this the day and year first above written.
MISSOURI-KANSAS-TEXA L OMPANY
ensor)
4W V
Attest:
WimFmident
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