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Home My WebLink AboutEasement 08/09/2006 15:30 8173776244 BOBBY COX COMPANIES PAGE 02/05 • • NOTICE OF CONFIDENTIALITY RIGHTS: IF VOLT ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. MPO Y A DATE: ,20D6 GRANTOR: BDC PROPERTIES/CONS'TRUCTION.1[ IC.,a Texas Corporation GRANTOR'S MAILING ADDRESS: 4055 International Plazs,Suite 450 (including county) Tarrant County Fort worth,Texas 76109 • GRANTEE: CITY OF COLLEGE STATION,ION.TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue (including county) &azos County College Station,Texas 77842 CONSWERATION: Ten Dollars(810.00)and other good and valuable consideration PROPERTY: All that certain tract or parcel of land containing 4.51 acres,more or less,lying and being situated in-the Richard Carter Survey,Abstract No,8,College Station, Brazos County, Texas, and being all of the 4.51 acre tract described in the Correction Deed from.Tom Frisk to Richard Smith, recorded in Volume 2558, Page 289,of the Official Records of Brazos County,Texas, and ttu Cher being a part of Tract 1 of the Paz Partition according to the plat recorded in Volume 287, Page 745, of the Deed Records of Brazos County, Texas; said 4.51 acre tract being more particularly described by r rtes and bounds on Exhibit"A"attached hereto and made a part hereof for all intents and purposca. ESTATE GRANTED: • 1. GRANTOR.grants to GRANTEE en undefined or"blanket"easement for various utilities,to be restricted hereafter to the es-built arca,and defined by subsequent $llzvey err ply. 2 GRANTOR does hereby grant, bargain, sell and .convey unto GRANTEE its successors and assigns, an undefined easement in and to the above-described parcel of land:GRANTEE to install,maintain,repair,rebuild,operate,inspect and remove all utility facilities, including conduits, duct lines, vaults, fittings, appliances and equipment,under the above-described property. Word P^of'e•ue34764006 taraperarybinned74111Wouteto tAw 08/0912006 15:30 8173776244 BOBBY COX COMPANIES PAGE 03/05 RESERVATIONS AND RESTRICTIONS: 1. This conveyance is only of the eight, privilege and easement for the aforesaid purposes. GRANTOR and its successors and assigns shall have the right to use and to grant to others the right to use the easement arca for any purpose which will nnt=treasonably interfere with the safe and reasonable maintenance and operation of installations to be made by GRANTEE therein. 2, GRANTEE covenants and agrees to interfere as little as possible with the uoxmal flow of vehicrilar and pedestrian traffic over and upon the site,and to restore the surffee of the site,whenever and wherever disturbed by GRANTEE,to ea good a condition as existed at the time of such disturbance. • 3. GRANTEE hereby covenants and agrees that in the event the future development or expansion of either the site or adjacent land,or both,requires the relocation of the facilities already constructed rod installed in the easement area,GRANTEE will relocate such facilitis,et the request and expense of GRANTOR,provided such relocation is sound and feasible from an engineering standpoint as reasonably determined by GRANTEE,and provided further that GRANTOR shall grant to GRANTEE a substitute easement, by instrument in recordable form providing for such relocation. 4_ The easement is intended to be temporary,but the rights granted hereunder shall not terminate unless GRANTOR shall deliver a final"As Built"survey or pleat,as approved by GRANTEE,showing the location of utility service,equipment,and facilities. The "As Built" survey or plat shall delineate a proposed permanent easement area to enable GRANTEE to maintain repair,rebuild,and operate the equipment described in paragraph number 2 above, and GRANTEE or its successors shall thereafter execute en instrument in recordable form perfecting the rights existing hereunder in and to the"As Built"area. 5. GRANTOR warrants that the right of GRANTEE shall be superior to those of all persons claiming under or through GRANTOR but not otherwise. BDC PROPERTIES/CONSTRUCTION,INC. a Texas Corporation BOBBY D. X,President IS. 41.11 ..mat SUBO,. a h, ON B a. aER ' Lienholder,as the holder of liens(s)on the fee simple title to the Easement Property,eta to the above grant of an easement,including the terms and conditions of such grant,and Lteubolder subordinates its piens)to the rights and interests of the easement,such that a foreclosure of the lien(s)will not extinguish the rights and interests of the easement. CITIBANK TEXAS,N.A.,8'national bank;n • RANT,.SSB . By; % � A. ` Prilited Name: t U 4 ' nevi a a!Z.. • Title: 2 wiesa_.roseRha Prop'tieeos2oet6 Anoparay elamta NOG,•o.suicada° as'rsrreos 08/09/2006 15:30 8173776244 BOBBY COX COMPANIES PAGE 04/05 APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. City Attorney THE SIAM OF TEXAS ACKNOWLEDGMENT COUNTY OF 4,44- pp This instrument was acknowledged before me on the,d day of 2006, BOBBY D.COX,Presidctu of BDC PROPERTIES/CONSTRUCTION,IN .,a Texas corporation, on behalf of said BOC PROPERTIES/CONSTRUCTION, INC., a Texas cvrporxtion. en ,`") 3 '" Notary public in and for State of Tex „„92-1,910 THE STATE OF TEXAS § c4-1:3,I $ • ACKNOWLEDGMENT COUNTY OFrZCS' Calokik § This Instrument was aclrnowledged before me on the day of 2006, Y,Ca5t �' of CITIBANK TEXAS,N.A. a. National banking association.formerly icnown as FIRST AMERICAN BANK,SSB,on behalf of said CITIBANK TEXAS,N.A.,a national banking association,formerly!unwell as FIRST AMERICAN BANK,SSB. ori NOTARY PUBLIC S tate or Texas Notary Public in and far the State of T.. ..w• Comm. E . 09-02-20x7 PREPARED IN THE OFFICE OF: RETURN ORIGINAL DOCUMENT TO: City of College Station - City of College Station Legal Department Legal Department P.O.Bax 9960 P.O.Boxi9960 College Station,Texas 77842-9960 Collo Station,Texas 77842-9060 J 3 d` .„3,..pWrawmargaIllda pr4vr1006,2006toiramryblmdsrNalVeeemarni.doc 08/09/2006 15:30 8173776244 BOBBY COX COMPANIES PAGE 05/05 ter. Richard Smith 4.51 Acre Tract Richard Carter Survey.A-8 College Station,Brazos County,Texas Field notes ore 4.51 acretrgctor parcel of rand,tying end being situated in the Richard Carter Survey,Abstract No.8,College Station,Brazos County,Texas,and being all of the 4.51 acre tract described in the Correction Deed from Tom Prink to Richard Smith recorded in Volume 2888,Page 289,of the OffiCiat Records of Brazos County,Texas,and further being a part ofTract 1 of the Putz Partition according to the plat recorded in Volume 287, Page 745,of the Dead Records of Brazos County, Texas, said 4.51 acre tract being more particularly described as foitowe: BEGINNING at the W Iron rod found marking the common three-way corner between the beforementloned 4,51 acre tract and Lot 9, Block A, Lincoln Place Subdivision,Tract Two,according to the plat recorded In Volume 371,Page 491,of the>Deed Records of Brazos Cotnty,Texas,and the 7,283 acre tract described in the deed to Sahara Reality Group,Ltd,recorded in 1101411718 6078,Pags247,of the Official Records of Brazes County,Texas; THENCE S44°59'364'W along the common line between the beforementioned 4.51 acre tract and Lincoln Placa Subdivision,Tract Two for distance of 256.89 feet to a 14"iron rod found marking the common comer between the said 4.51 acre tract and Lot C-8.59 acres dela Vacating and Replat of University Parte East-9.03 acres according to the plat recorded in Volume 705,Page 817,of the Official Records of , Brazos County, Texas; THENCE N 44°57'53"W e!ong the common line between the befotementioned a 4,51 acre tract and University Park for a distance of 799.39 feet and corner in the southeast right-of-way line of University Drive,also known as Farm toMarket Road No. 50,a Vi"iron rod found bears N 44°58'W-0.4 feet; THENCE along the sou MOsst right-of-way of University Drive,as follows: N 59°33'oo"E fora distance of 281.58 feet to a 36"Iron rod set, a concrete right-of-way merkerbears S 67°10'W -4.9feet, N 70°58'00"E for a distance of 3.25 feet to the common corner ' between the beforementioned 4.51 acre tract and the 7,283 acre tract,a 14"iron rod found at 12" creosote post fence corner beard N 45°00'W- 0,65 feet; THENCE 845°00'21"E aktnO the common line baboon the before mentioned 4.51 acre tract and the 7.263acre tract,adjacent to a barbed wire fence,fora distance of 732.221'aet to the PLACE OF BEGINNING,containing 4.51 acres of land,more or lass. "kr 0. • Surveyed September 2004 °ta o,f S. I NI d � .� R.P.LS.No.2013 Prepared 09106/04 KLtNG ENGSNE!RING ANO SURVIVING SKY"1 1{A5 Mar, 31, 2006 3: 11PM McClure & Browne Eng/Surveying, No. 1165 P. 2 .. 0 4, -- ,33.58' - i1 „LS nv : i. I 1 i--- i 1 I ■_ : : : IIIII so I 1 i I : _i 1 .i l 1 _ ). I 1 ! i w CO .1 1 111-T--1" I IX I ul 16 , :i 1 l 1 . -'' - - . -. : I tAR 16\ NI ; i I 1 1 1 (11.---v 1 ONE STORY ! 1 _._ BRAN i I I ! F 3000 S ! 1 I i 1 ! i.1 I I I i l 1 , I.. i ® / ® 1 1 •K- 7 1 I ---- > iI I 1 1 1 I 1' 1 . t'"'),==.--2-;---,-,-Ti-.7:77:' xLI!4TTi R TIXAS AVENUE First National Bank in Bryan sr, $ AAA PI Land: 46,053 SF(1.05 AC)� McCLEARY S. an Building: 3,000 SF QaCGE �lRMAN College Station, TX Parking: 32 CARS ITECTS 3/29/2006 03-201.A SC.e1e:1:40 (30 Full+2 Accessible) 713-552-0707 S2t kt(A( it-VL nN -llAO) 07/13/2006 03:53 FAX 979 775 '' ''1 FNB X009 • • »X HrEIIT"5" Land Description Being the remainder Lot One"A"(1-A), KIRKPATRICK SUBDIVISION,an addition to the City of-College Station.Brazos County,Texas,according to the Plat recorded in Volume 729,Page 771, Official Records of Brazos County,Texas. Said tract being to ore particularly described as follows: BEGINNING at a 5/8 inch iron rod found with a TxDot rap on the existing northeast lure of Texas Avenue marking the south comet of said remainder of Lot IA and the east corner of the remainder of Lott I,Herman 1 z.Krenek Subdivision,Phase One,according to the plat recorded in Volume 752, Page 575,Official Records of Brazos County.Texas; THENCE:N49°210'38"W ALONG THE EXISTING NORTHEAST LINE OF TEXAS AVENUE FOR A DISTANCE OF 230.04 FEET TO A 5/8 INCH IRON ROI)SET MARKING THE WEST CORNER OF TILLS HEREIN DESCRIBED TRACT AND THE SOUTH CORNER OF THE • REMAINDER OP KFO ADDITION,PHASE 1,ACCORDING TO THE PLAT RECORDED IN VOLUME 449,PAGE 345,DEED RECORDS OF BRAZOS COUNTY,TEXAS; THENCE: N 41' 10' 52" E ALONG THE COMMON LINE OF SAID LOT I A AND.EPO ADDITION. PHASE ], FOR A DISTANCE OF 264.49 FEET TO A 5/8 INCH IRON ROD FOUND MARKT]k1G THE NORTH CORNER OF SAID LOT IA AND THE WEST CORNER OF LOT 1B,ICIRICPAt,TRICK SUBDIVISION(729/771); THENCE:S 49'3 8'40"E ALONG THE COMMON LINE OF SAID LOT IA AND IAT l B FOR A DISTANCE OP 232.27 FEET TO A 1R INCH IRON ROD FOUND ON THE NORTHWEST LINE OF HERMAN F. KRENEK SUBDIVISION, PHASE ONE, MARKING THE EAST CORNER OF SAID LOT IA AND THE SOUTH CORNER OF SAID LOT IB; THENCE: S 41°.39'46"W ALONG THE COMMON LINE OF SAID LOT IA AND HERMAN F.KRENEK SUB DIVISION,PHASE ONE,FOR A DISTANCE OF 265.07 FEET TO THE POINT OF BEGINNING CONTAINING 1.40 ACRES OF LAND,MORE OR LESS. immiRece ived TimeiJul. 13. . 8: 35A