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DOC
OR 6066 244
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU 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
PUBLIC UTILITY EASEMENT
'DATE: MAY 076 goo 4
GRANTOR: BV DEVELOPMENT COLLEGE STATION,LLC,
a Nevada limited liability company
GRANTOR'S MAILING ADDRESS: 7272 E.Indian School Road,#215
(including County) Maricopa County
Scottsdale.Arizona 85251
GRANTEE: CITY OF COLLEGE STATION,TEXAS
GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue
(including County) Brazos County
College Station,Texas 77842
CONSIDERATION: Ten Dollars($10.00)and other good and valuable consideration
PROPERTY:
Tract One: All that certain tract or parcel of land containing 0.156 acres of
land situated in the City of College Station,Brazos County,Texas,being a portion
of Lot 5A, Block 1 Replat and Subdivision Plat Establishing Lots 1A,5A,9, 10
and 11, Block 1 of the Gateway,Phase I, according to the map or plat thereof
recorded in Volume 4998,Page 262, Official Records of Brazos County,Texas,
said 0.156 acre tract being more particularly described by metes and bounds on
Exhibit"A" attached hereto and made a part hereof for all intents and purposes.
Tract Two: All that certain tract or parcel of land containing 0.006 acres of
land situated in the City of College Station,Brazos County,Texas,being a portion
of Lot 5A, Block 1 Replat and Subdivision Plat Establishing Lots IA, 5A, 9, 10
and 11, Block 1 of the Gateway; Phase I, according to the map or plat thereof
recorded in Volume 4998, Page 262,Official Records of Brazos County,Texas,
said 0.006 acre tract being more particularly described by metes and bounds on
Exhibit"B"attached hereto and made a part hereof for all intents and purposes.
This conveyance shall grant the rights herein specified only as to that portion of the above-
described Property more particularly described on the attached Exhibit " A and Exhibit "B"
known as the"easement areas," and any additional areas outside the easement areas necessary to
install and attach equipment, guy wires, and anchors necessary and incident to the uses of the
Easement Areas to erect,construct, install,and thereafter use,operate,inspect,repair,maintain,
reconstruct,modify and remove the following:
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00856677 OR 60661 2459
Electric transmission and distribution lines;
Water lines and sanitary sewer lines,connecting lines,
access facilities,and related equipment;
Storm sewers and collection facilities;
Television,telephone,and communications lines;
Drainage ditches,drainage pipes and all other drainage
structures,surface and subsurface;
upon, over, and across the said Property as described and any ways, streets, roads, or alleys
abutting same;and to cut,trim,and control the growth of trees and other vegetationon and in the
easement area or on adjoining property of Grantor, which might interfere with or threaten the
operation and maintenance of any public utility equipment, accessories,or operations. It being
understood and agreed that any and all equipment and facilities placed upon said property shall
remain the property 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 agrees to lender's subordinations on behalf
of Grantee. Grantor will provide Grantee with the names and addresses of all lenders.
RESERVATIONS AND RESTRICTIONS: NONE.
Upon the recording of this Public Utility Easement in the Official Records of Brazos
County,Texas,the Temporary Blanket Utility Easement executed by Rockfish,L.P.to City
of College Station, Texas on November 29,2001, and recorded in Volume 4416,Page 204,
of the Official Records of Brazos County,Texas is hereby RELEASED.
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.
BV DEVELOrnENT COLLEGE STATION,LLC,
a Nevada li t liability company
BY:
RRY MANN,Member/President of
V DEVELOPMENT COLLEGE fSTATION,LLC,a Nevada limited
liability company
CONSENT AND SUBORDINATION BX LIENHOLDER
Lienholder, as the holder of 1ien(s)on the fee simple,title to the F.nsamettt Property, consents to
the above grant of an easement,including the terms and conditions of such grant,and Lienholder
subordinates its lien(s)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.
FIRST STATE BANK; M,.
By: '
Printed Name: PAUL DI PAOLA
Title: REGIONAL PRESIDENT of
FIRST STATE BANK NM
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P
08856677 OR 68661 2469
APPROVED AS TO FORM
THIS DOCUMENT MAY NOT
BE CHANGED WITHOUT
RE-SUBMISSION FOR APPROVAL.
iteeenzyth AerVitr"—lt
City Attorney
THE STATE OFA(mak)fr §
ACKNOWLEDGMENT
COUNTY OF 0\- Lt k §
fh
This instrument was acknowledged before me on thi (g— aY of ,2004,
by PERRY MANN,Member/President of BV DEVELOPMENT COLLEGE STA ON,LLC,a
Nevada limited liability company,on behalf of said limited liability company.
- TAMMY KIRMY .�--
-;- Notary Public-kixons
Mwipcpia� ►y Notary Public' .mor itige of PC
Empires Ig107
THE STATE OF 9
§ ACKNOWLEDGMENT
COUNTY OF §
This instrument was acknowledged before me on this day of
2004, by of FIRST STATE BANK, N.M.,
on behalf of said bank.
Notary Public in and for the State of
PREPARED INTHE OFFICE OF: ASTER RECORDING,RETURN TO:
City of Collcpc Station City of College Station
Legal Department Legal Department
P.O. Box 9960 P.O.Box 9960
College Station,TX 77842-9960 Collage Station,TX 77842-9960
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• Doc Bk Vol
08856677 OR 6866 2479
APPROVED AS TO FORM
THIS DOCUMENTMAY NOT
BE CHANGED WITHOUT
'RE-SUBMISSIONFOR APPROVAL,.
4.,,,,,,,,,,,,,iin4:44
City Attorney
THE STATE OF §
8 ACKNOWLEDGMENT
COUNTY OF §
This instrument was acknowledged before me on this day of ,2004,
by PERRY MANN,Member/President of BV DEVELOPMENT COLLEGE STATION,LLC,a
Nevada limited liability company,on behalf of said limited liability company.
Notary Public in and for the State of
IHE STATE OF Pk 1.144 60 §
§ ACKNOWLEDGMENT
COUNTY OF brr i'0 §
This instrument was acknowledged befory n�,jje on this day of ,
2004,by ' 1 0 /ao' - 0"h es. _of FIRST STATE,N.M.,
on behalf of sail •.i
OFFICIAL SEAL
40 Q-.1. Barraza
ZaraH `��-
NOTARYPU>3t t� Notary( blic in and for State of /1M"l4 STATE OF NEW MEXICO
)Min ExP est �
! y`�CommissoPRT.PARltD TN THE OFFICE OF: AFTER RECORDING,RETURN TO;
City of College Station City of College Station
Legal Department Legal Department
Y.O.Box 9960 P.O.Box 9960
College Station,TX 77842-9960 College Station,TX 77842-9960
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