HomeMy WebLinkAboutEasement Release RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CHAIRPERSON OF THE BOARD OF DIRECTORS OF BRYAN
TEXAS UTILITIES TO EXECUTE AND CAUSE TO BE FILED IN THE OFFICIAL RECORDS OF BRAZOS
COUNTY, TEXAS, ONE (1) PARTIAL RELEASE OF EASEMENT, SO AS TO PARTIALLY RELEASE
ONE (1) RIGHT-OF-WAY EASEMENT ON A 595.85 ACRE TRACT OF LAND AS DESCRIBED IN THE
DEED TO NANTUCKET, LTD. AS RECORDED IN VOLUME 531, PAGE 398, OF THE DEED
RECORDS OF BRAZOS COUNTY, TEXAS. THE PROPERTY IS IN THE STERRET D. SMITH
LEAGUE, A-10, COLLEGE STATION, BRAZOS COUNTY, TEXAS.
WHEREAS, the City of Bryan, Texas, is a home rule city with the specific and general powers of such
under the Constitution and Laws of the State of Texas; and
WHEREAS, Bryan Texas Utilities under the City of Bryan is the owner of the utility easement.more
specifically described in Volume 645, Page 415 of the Deed Records of Brazos County, Texas; and
WHEREAS, the City of Bryan, under § 2-157 of the Bryan City Code, has delegated to the Bryan Texas
Utilities Board the authority to acquire and dispose of property interests; and
WHEREAS, Bryan Texas Utilities and the City of Bryan deem it in the best interest of the citizens to release
said easement; and
NOW, THEREFORE, BE IT RESOLVED BY THE BRYAN TEXAS UTILITIES BOARD THAT:
1.
The Chairperson of the BTU Board is hereby authorized to execute on behalf of Bryan Texas Utilities one
(1) Partial Release of Easement so as to partially release one (1) right-of-way easement, said easement
more fully described in Volume 645, Page 415 of the Deed Records of Brazos County, Texas.
2.
A true and accurate copy of the Partial Release of Easement is attached hereto as "Attachment 1" and
incorporated herein by reference as though fully reproduced hereon.
3.
This Resolution shall be effective immediately upon adoption.
APPROVED AND ADOPTED by the Bryan Texas Utilities Board of the City of Bryan, Texas, this
day of , 2006.
BRYAN TEXAS UTILITIES
Ronald E. Hale
Chairman, BTU Board
ATTEST:
Hank McQuaide
Secretary, BTU Board
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I WLUME 531. PAGE 398
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VOLUME 531, PAGE 398 CHO:N 43° 06' 16"W-1033,51'.c " AO
- --0_ CURVE DATA
•CENTRAL RADIUS ARC. CHORD TANGENT DEER BIRK SUBDIVISION f
D 09°0(56" .6562.85' 1034.58' 1033.51'_ 518.36' LOT 1 - 1.
VOLUME 221, PAGE 295 ./,
ii
EXHIBIT A"
A 20' UTILITY EASEMENT OUT OF A
595.85 ACRE TRACT
SfERRET. D. SMITH LEAGUE, .ABSTRACT NO. 210 l
BRAZOS COUNTY, TEXAS I
SCALE: I"= 100' i;
NOVEMBER, 1983 >, I
PREPARED BY: JERRY BISHOP a ASSOCIATES INCORPORATED • 4
1812 WELSH STREET SUITE 120 . . �.
COLLEGE STATION, TEXAS 77840 - i
vnt. 645F,r.E416 TELEPHONE NO. (409) 693-4216 P
Attachment 1
PARTIAL RELEASE OF EASEMENT
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
KNOW ALL MEN BY THESE PRESENT:
The BRYAN TEXAS UTILITIES, the duly authorized entity to act for and on behalf of the City of
Bryan, Texas, a municipal corporation, hereinafter called "Grantor," is the present legal and equitable owner
of easements, granted to the City of Bryan, described as follows:
Right-of-way easement dated November 11, 1983, executed by Phyllis Jeanne Hobson, General
Partner, Nantucket, Ltd. a limited partnership to The City of Bryan, Texas, recorded in Volume 645,
Page 415 of the Deed Records of Brazos County, Texas. _
Grantor, for value received, the receipt and sufficiency of which is hereby acknowledged, hereby
releases, relinquishes, and abandons the Easement to the extent it lies over, under, upon or across the
following described property, to wit:
A 0.41 acre tract of land, being part of a 595.85 acre tract of land as described in the deed to
Nantucket, Ltd. as recorded in volume 531, page 398, of the Deed Records of Brazos County, Texas
and being more particularly described on the attached Exhibit A to this Partial Release, which is
hereby made part of this document.
But, it is expressly understood and agreed that the same in no way releases, affects, or abandons
any other portion of the Easement or any other utility easement or other property interests of Bryan Texas
Utilities or the City of Bryan, Texas dedicated by plat or by separate instruments, other than the partial
easement hereby released.
EXECUTED this day of , 2006.
ATTEST BRYAN TEXAS UTILITIES
Hank McQuaide Ronald E. Hale
Secretary, BTU Board Chairperson, BTU Board
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on this the day of
2006, by Ronald E. Hale, Chairperson of the Board, of Bryan Texas Utilities, on behalf of Bryan
Texas Utilities and the City of Bryan, Texas, a Municipal Corporation.
Notary Public, State of Texas
Exhibit "A"
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RIGHT-OF-WAY EASEMENT
•
STATE OF TEXAS •
f � KNOW ALL MEN BY THESE PRESENTS
COUNTY OF
That Nantucket Ltd. a luted partnership
f '
hereinafter
called Grantors,for a good and valuable consideration,the receipt of which is hereby acknowledged,do
grant unto the City cf Bryan.Texas,a municipal corporation,hereinafter called the Grantee,and to its
successors or assigns, a perpetual easement with the right to enter upon the lands of the undersigned`
{ ' situated in Brazos • County. Texas, and more particularly described as follows:
Being a strip of land twenty feet in width with actual exact location•
as shown on attached "Exhibit A' and lying on and across a portion of a
595.85 acre tract heretofore conveyed to Nantucket, Ltd., a limited partnership
Homefinder Realty, Inc., General Partner by Donald S. Morris and Tommy E.
Mbzris dba T-D Company by deed recorded in Volume 531, page 398 of the
Deed Records of Brazos County, Texas. ���l, E l C
aljyclock-
289007 ^-�-�JAN 01984
RAMC SOME
•
and to erect, construct and install and thereafter " ' '�
use,operate, � ,.,.,; ••..� rephase, t'e-
i construct or remove an electric transmission and/or distribution line on or arras ,above described
• lands and/or in or upon all streets,roads,or highways abutting said lands;and to cut,trim and control
the growth of trees and shrubbery located within ten feet of the centerline of said line,or that may
interfere with or threaten to endanger the operation and maintenance of said line.
The Grantee hereby agrees that once said line is constructed the right-of-way shall become perma-
nently fixed and the course and location of said right-of-way shall not be changed without the consent
• of the Grantor.
•
The Granton agree that all poles.wires and other facilities installed on the above-described lands at
the Grantee's expense shall remain the property of the Grantee,removable at the option of the Grantee.
Said Grantors covenant that they are theowners of the above-described lands and that they have
lawful authority to convey said easement for the purposes herein expressed.
IN WITNESS WHEREOF� �� the said Granton have executed this instrument thla If
• day of /UOVd'�P1lwr ,19 16 3-
•
Pic/
STATE OF TEXAS
COUNTY OF
Before me,the undersigned authority,on this day personally appeared
known to me to be the person whose name fel subxsibed to
•{ the foregoing instrument and acknowledge to use that he executed the same for.-t1 eAkirygees and
• consideration therein expressed. \ ...^"
{ Given under my hand and seal of office this //I" day of \ i9 '
•�///1/L�
/ 1f3r�
Public, /rl3 /i?- County,Texas:
•
•
•
STATE OF TEXAS
COUNTY OF
- 1
Before me,the undersigned authority,on dile day personally appeared
,known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledge to me that he executed the same for the purposes dud
•
consideration therein expressed.
Given under my hand and seal of office this the day of ,19
{ Notary Public, County,Texas.
• ;,,,t 645pw:415
ACTION FORM
SUBMITTED BY: Randy Trimble
DATE SUBMITTED: March 29, 2006
DEPARTMENT: Electric Distribution
SUMMARY STATEMENT:
Phyllis Hobson, President, Nantucket, Ltd, is seeking a partial release of one City of Bryan specific
easement on a 595.85 acre tract of land as described in the deed to Nantucket, Ltd. as recorded in
Volume 531, Page 398, of the Deed Records of Brazos County, Texas. The property is in the
Sterret D. Smith League, A-10, College Station, Brazos County, Texas and is located at the
southwest corner of the intersection of Nantucket Drive and State Highway 6.
BTU has electrical facilities on the property but not within the portion of the easement being
abandoned. BTU removed the lines that were within in this easement. The subject property is not
within BTU's service territory.
STAFFS RECOMMENDATION:
Authorize the partial release of easement that burdens lands conveyed to Nantucket, Ltd, and the
filing of said release at the Brazos County Courthouse.
ATTACHMENTS: Attachment 1 and Exhibit A.
Approvals: Signature: Date:
Randy Trimble
Roy Trotter