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Home My WebLink AboutLegal Documents NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU '�9:5?636 OR /794 216 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. TEMPORARY BLANKET UTILITY EASEMENT DATE: ,2007 GRANTOR: CHERRY STREET,L.P.,a Texas Limited Partnership GRANTOR'S MAILING ADDRESS: 10777 Westheimer,#1125 (including County) Harris County Houston,Texas 77042 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-419 Tauber Street: Being all that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas and being northwest ninety-six(96')of Lot Four(4),Block Twenty-two (22)W.C.BOYETT ESTATE PARTITION,an addition to the City of College Station, Texas, according to plat recorded in Volume 100, page 440, Deed Records of Brazos County,Texas. SAVE AND EXCEPT: Being 307 square foot tract out all that certain lot,tract or parcel of land lying situated in Brazos County, Texas and being portion of northwest 96' of Lot Four (4), W. C. BOYETT ESTATE PARTITION, an addition to the City of College Station, Texas, according to plat recorded in Volume 100,page 440, Deed Records of Brazos County, Texas. BEGINNING at the 60d nail set at the intersection of the southeast right-of-way line of Cherry Street-40'right-of-way with the southwest right-of-way line of Tauber Street- SO'right-of-way,same being the north corner of the beforementioned Lot 4,Block 22; THENCE S 37°24'32"E along the southwest right-of-way line of Tauber Street, for a distance of 6.23 feet to a 1/2" iron rod set in a curve concave to the southeast having a radius of 775.00 feet; Page 1 Bg?egat...group(oPeaseipaNs%Aerry sneuiumporary blanket utility easement—01-2007doc 01'19'2007 V Bi; Vol Ps. .J0952636 OR 7794 717 THENCE Southwesterly along said curve,for an arc distance of 39.40 feet to a 1/2"iron rod set at the end of this curve,the chord bears S 37°09'25"W-39.39 feet; THENCE S 35° 42' 02" W for a distance of 24.37 feet to a 1/2" iron rod set in the common line between Lots 3 and 4,Block 22; THENCE N 43°58' 15"W along the common line between Lots 3 and 4,Block 22,for a distance of 4.24 feet to a 60d nail set in the southeast right-of-way line of Cherry Street; THENCE N 35°00' 02" E along the southeast right-of-way line of Cherry Street,for a distance of 64.61 feet to the PLACE OF BEGINNING, containing 307 square feet of land,more or less. Being the same property described in General Warranty Deed dated February 27,2001, from Shahnaz S.and Sharif M.Masud to the City of College Station,Texas,recorded in Volume 4067,Page 306,of the Official Records of Brazos County,Texas. TRACT TWO-417 Tauber Street: Being all that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas and being a portion of Lot Four (4), Block Twenty-two (22), W. C. BOYETT ESTATE PARTITION, an addition to the City of College Station, Texas, according to plat recorded in Volume 100,page 440, Deed Records of Brazos County, Texas,and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod found on the southwest line of Tauber Street,same being the northeast line of said Lot 4,marking the east corner of a tract of land described as being the northwest 96 feet of lot 4 by a deed to Sharif M.Masud and wife, Shahnaz Masud,recorded in Volume 1611,page 52,Official Records of Brazos County,Texas THENCE: S 48° 13' 51" E along the southwest line of Tauber Street for a distance of 89.58 feet to a 5/8 inch iron rod set marking the east corner of said Lot 4 and an angle point in the southwest line of Tauber Street; THENCE: S 42° 12'38" W continuing along the southwest line of Tauber Street, same being the southeast line of said Lot 4, at 144.57 feet pass a 3/8 inch iron rod found marking the north corner of Lot 9,Block 4,W.C.Boyett Estate Partition(100/440),from which a 1 inch iron pipe found marking the east corner of Lot 10,Block 4,Bears: S 47° 41'05"E for a distance of 109.84 feet,continue on for a total distance of 66.25 feet to a 5/8 inch rod set marking the south corner of said Lot 4 and the east corner of Lot 3,Block 22; THENCE:N 47°24'50"W along the common line of said Lot 4 and Lot 3 for a distance of 78.32 feet to a 5/8 inch iron rod found marking the south corner of said Masud tract, for reference a 1/2 inch iron pipe found marking the common corner of said Lot 4 and Lot 3 Bears:N 47°24'50"W for a distance of 96.21 feet; THENCE:N 32°23'20"E through said Lot 4 and along the southeast line of said Masud tract for a distance of 66.01 feet to the POINT OF BEGINNING, containing 0.13 of an acre of land,more or less. SAVE AND EXCEPT from TRACT ONE AND TWO ABOVE: All that certain tract or parcel of land lying and being situated in College Station,Brazos County,Texas;said tract being a portion of Lot Four(4),Block Twenty-two(22),W.C. BOYETT ESTATE PARTITION, an addition to the City of College Station, Texas, according to plat recorded in Volume 100,page 440,Deed Records of Brazos County, Texas,and being more particularly described as follows: Page 2 Belegad...g.°rp(oYea eme"ts'cherry street Mmisoraty blanket utility easement—01-2007 doc 01 1192007 �i. Vol COMMENCING at a point marking the north corner of said Lot 4 at the intersection of the southwest line of Tauber Street(variable width R.O.W.) and the southeast line of Cherry Street(40'R.O.W.); THENCE: S 48° 00' 55" E along the existing southwest line of Tauber Street for a distance of 26.42 feet to the POINT OF BEGINNING of this herein described tract; THENCE: S 48°00'55"E continuing along the existing southwest line of Tauber Street for a distance of 69.33 feet to a 5/8 inch iron rod found; THENCE: S 48° 15'55"E continuing along the existing southwest line of Tauber Street for a distance of 89.65 feet to a point marking the east corner of said Lot 4; THENCE: S 42°21'23"W along the southeast line of said Lot 4 for a distance of 14.09 feet to a point on the proposed southwest line of Tauber Street, said point marking the beginning of a counterclockwise curve having a radius of 711.10 feet,for reference a 3/8 inch iron rod found marking the north corner of Lot 9, Block 4, W.C. Boyett Estate Partition(Plat 100/440),bears:S 42°21'23"W for a distance of 25.77 feet; THENCE: Through said Lot 4 and along said curve through a central angle of 03°32' 22" for an arc distance of 43.93 feet(chord bears: N 41° 48' 25" W—43.92 feet)to a point marking the ending point of said curve; THENCE: N 43°34'36"W continuing through said Lot 4 for a distance of 115.57 feet to the POINT OF BEGINNING containing 1018 square feet of land. Being the same property described in Dedication Deed dated December 27,2006, from Cherry Street,L.P.to the City of College Station,Texas,recorded in Volume 7750,Page 219,of the Official Records of Brazos County,Texas. TRACT THREE—404 Cherry Street and 418 College Main Being all that certain lot, tract or parcel of land lying and being situated in Brazos County,Texas and being Lots One(1), Two(2)and Three(3),Block Twenty-two(22), W. C. BOYETT ESTATE PARTITION, an addition to the City of College Station, Texas, according to plat recorded in Volume 100, page 440, Deed Records of Brazos County,Texas. SAVE and EXCEPT: Being 511 square foot tract out all those certain lots, tracts or parcels of land lying situated in Brazos County,Texas and being portion of Lots One(1),Two(2)and Three (3),Block Twenty-two(22),W. C.BOYETT ESTATE PARTITION, an addition to the City of College Station, Texas, according to plat recorded in Volume 100, page 440, Deed Records of Brazos County,Texas. BEGINNING at the 60d nail set at the common corner between Lots 3 and 4,Block 22, in the southeast right-of-way line of Cherry Street-40'right-of-way: THENCE S 43°58'15"E along the common lot line between Lots 3 and 4,Block 22,for a distance of 4.24 feet to a 1/2"iron rod set; THENCE S 35° 42' 02" W for a distance of 165.20 feet to a 1/2" iron rod set in the transition curve from Cherry Street to College Main - 50' right-of-way, HAVING A RADIUS OF 58.00 FEET; Page 3 Bg?egal...gro q'(o)'easementscherry stresthe;npanary blanket realty easement—01-2007 dor 01'192007 Doc v ,i O952636 OR 1194 21 V THENCE Northeasterly along said transition curve for an arc distance of 15.82 feet to a 60d nail set at the end of this curve and in the southeast right-of-way line of Cherry Street,the chord bears N 27° 11'13"E-15.77 feet; • THENCE N 35°00'02" E along the southeast right-of-way line of Cherry Street, for a distance of 150.37 feet to the PLACE OF BEGINNING, containing 511 square feet of land,more or less. Being the same property described in Special Warranty Deed dated August 31, 2001, from Oscar and Swany Parulian to the City of College Station, Texas, recorded in Volume 4304,Page 211,of the Official Records of Brazos County,Texas. ESTATE GRANTED: 1. GRANTOR grants to GRANTEE an undefined or"blanket"easement for various utilities,to be restricted hereafter to the as-built area,and defined by subsequent survey or plat. 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. RESERVATIONS AND RESTRICTIONS: 1. This conveyance is only of the right, 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 area for any purpose which will not unreasonably 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 normal flow of vehicular and pedestrian traffic over and upon the site,and to restore the surface of the site,whenever and wherever disturbed by GRANTEE,to as 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 and installed in the easement area, GRANTEE will relocate such facilities,at 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 plat,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 an 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. Page 4 Bg?egal...gro"p(o)'easements'eherry streeetempo-ay Nardrzt utihry easement—01-2007 doc 07792007 CHERRY STREET,L.P., a Texas Limited Partnership BY:RADAKOR,L.L.C.,a Texas Limited Liability Company,Its G-• : Partner dr; i By: till.i, ' RANDALL D.KLEIN,Presi.-1 CONSENT AND SUBORDINATION BY LIENHOLD• • Lienholder,as the holder of liens(s)on the fee simple title to the Easement Property,consents to the above grant of an easement,including the terms and co •t 1 • -• :, : d Lienholder subordinates its lien(s)to the rights and interests of the :- . i t,such that a forec 'sure of the lien(s)will not extinguish the rights and interests o .AT ent. Pr 41110 DAVID W.TA t ER //,:r------ RICHARD E.TAUBER APPROVED: J W 44 City Attorney THE STATE OF TEXAS § Afill § ACKNOWLEDGMENT COUNTY OF c § � This instrument was acknowledged before me on the Jia day of J/d'1^" ,211u . RANDALL D.KLEIN,JR.,President of RADAKOR,L.L.C.,a Texas limited liability company, General Partner of CHERRY STREET, L.P., a Texas limited partnership, on behalf of said CHERRY STREET,L.P.,a Texas limited partnership. • BIALY FfiARTMARI ,.......4614 Amo.,Zr...L........,„ � Mdt �IBUCs�AIEiX►OFTIiigIAsf: - � COli1*iloi0 OCTOBER 17,2007 NOLa1y L Utak in aria torLilt iat V[ l'A4. . Page 5 BgQegal...gronp(aVeasements chenv street 2emporwy blanket utility easement—01-2007 doc 01,19 2007 THE STATE OF TE ACKNOWLEDGMENT COUNTY OF Al 3 of t. ./Lr._, 117,/ This instrument was acknowledged before me on this day by DAVID W.TAUBER. i / Y" HYLA WUNDERLICH £t NOTARY PUBLIC STATE OF TEXAS , '14,"Ar" COMMISSION EXPIRES: L/l---".7‘!------ --." '"f1 FEBRUARY 11,2008 Notary Pub1i`rand for the State of Texas THE STATE OF TE 'S ACKNOWLEDGMENT n COUNTY OF / .4 /q__. 6. This instrument was acknowledged before me on this day of Gr/ 007, by RICHARD E.TAUBER. , Y� MYLA WUNDERLICH " � 7 n_�� NOTARY PUBLIC STATEOF TEXAS A / . 4 `0 1 COMMISSION EXPIRES: Notary '•'tic in and for the State of Texas ''F'0FFEBRUARY 11,2008 PREPARED IN THE OFFICE OF: AELLRRECORDING,RETURN TO: City of College Station City of College Station Legal Department Legal Department P.O.Box 9960 P.O.Box 9960 College Station,IX 77842-9960 College Station, IN 77842-9960 ' Y ,o t,, :3' L3_ rn rte ,; IV0 n 4,1 ,44 0 n o 7...) .. ri _.. ,.,..,-- r"-, rn - , fD f'r ._ 50 r- 4-- C] ., aft Cr] ft, v �- Ifro �� T. fry 0 _ CO 0 it cp A 3> 04 ^ S• '°,2 fb 2 IV, _ fin_ 0 ., -. = . r",,SMI .., v- et"0.0 ems,- 'O a4 g !. f.., , ,^-,r tt, 19 1 := c'.. cr.e.. M-+ (-Page 6 _ •.' 0 .-1 a to D 0- '.n arp(o)easYmentseherrystreet:lempormyblanket rueasement-01-2007doein 0149.2007 -t � a'- 0 ' z r. -1 . CD m eL p 3 'r7 rel 01. T3 14 CP `",t P rte-?-' 'it " O $ p CO fL 0 D.? ,E. Vol p, NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU - 1 2 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. TEMPORARY BLANKET UTILITY EASEMENT DATE: ✓n/u J g-3 ,2007 GRANTOR: RADAKOR,LLC.,a Texas Limited Liability Company GRANTOR'S MAILING ADDRESS: 10777 Westheimer,#1125 (including County) Harris County Houston,Texas 77042 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—415 Tauber Street Being all those certain lots,tracts or parcels of land lying and being situated in Brazos County,Texas and being Lots Nine(9)and Ten(10),Block Four(4),W.C.BOYETT ESTATE PARTITION,an addition to the City of College Station,Texas,according to plat recorded in Volume 100,page 440,Deed Records of Brazos County,Texas. TRACT TWO—414 Collese Main Being all that certain lot,tract or parcel of land lying and being situated in Brazos County,Texas and being Lot Eight(8),Block Four(4),W.C.BOYETT ESTATE PARTITION,an addition to the City of College Station,Texas,according to plat recorded in Volume 100,page 440,Deed Records of Brazos County,Texas. ESTATE GRANTED: 1. GRANTOR grants to GRANTEE an undefined or"blanket"easement for various utilities,to be restricted hereafter to the as-built area, and defined by subsequent survey or plat. 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. Page 1 Beep/_.grouP(oYearentendthma 'kempo►aryblanketutilityxasement-01-2007doc 0123'2007 i4! c RESERVATIONS AND RESTRICTIONS: ;t_t ,'.~5 3`' Dcc `f 7y,4 1. This conveyance is only of the right, 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 area for any purpose which will not unreasonably 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 normal flow of vehicular and pedestrian traffic over and upon the site,and to restore the surface of the site,whenever and wherever disturbed by GRANTEE,to as 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 and installed in the easement area, GRANTEE will relocate such facilities, at 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 plat,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 an 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. RADAKOR,L.L.C., a Texas Limite• iability Company By: 0C1‘2 / RANDALL D.KLEIN,JR., :1rsident CONSENT AND SUBORDINATION BY LIENHOLDER Lienholder,as the holder of liens(s)on the fee simple title to • :• ment Property,consents to the above grant of an easement,including the terms and con' 'o :of such •r• ,•• Lienholder subordinates its lien(s)to the rights and interests of the ef> t, •• that a foreclo• of the lien(s)will not extinguish the rights and interests of the. n ,a40. 1:11111Prolmillilly 41111P DAVID W. �/ A RICHARD E.TAUBER Page 2 Bg?egal...group(o)'easemenls4adakor'emparary blanket utility easement—01-2007 doc 01'23,2007 `t[:_ Bk Vo - .. 0 0952 635 OF` ?r94 214 APPROVED: Atter / ity Attorney THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF ' ____`r § This instrument was acknowledged before me on the.„1.3 day of J' ,2007,by RANDALL D.KLEIN,JR.,President of RADAKOR,L.L.C.,a Texas limited liability company, on behalf of said RADAKOR,L.L.C.,a Texas limited liability company. �, 0P BILLY HARTMAN NOTARY POBUC STATE OF TEXAS TAY c0HHisstou EXPIRES: OCTOBER 17,2007 Notary Public in d for the State of Texas THE STATE OF TE :S ACKNOWLEDGMENT COUNTY OF / l This instrument was acknowledged before me on this day of 007, by DAVID W.TAUBER ,sW Yw MYLA UNDERLICH (71 ° ;4, NOTARY PUBLIC STATE OF TEXAS *.41,,V y,�0 +� COMMISSION EXPIRES: li and for the State of Texas �:.. 1 FEBRUARY 11,2008 Notary Pub THE STATE OF TEXAS ` ACKNOWLEDGMENT COUNTY OF a-122 This instrument was acknowledged before me on u►r8�G J day of 7, by RICHARD E.TAUBER. • NOTARY PUBLIC STATE Of TEXAS Notary '%' in and for the State of Texas m '0 +i COMMISSION EXPIRES: -`-": FEBRUARY 11,2008 PREPARED IN THE OFFICE OF: AFTER RECORDING,RETURN TO: City of College Station City of College Station Legal Department Legal Department P.O.Box 9960 P.O.Box 9960 College Station,TX 77842-9960 College Station,TX 77842-9960 Page 3 Bglegal...grc*p(o)!easemenrs4adakor4temparary blanket utility easement—01-1007 doe 07111 X1007