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HomeMy WebLinkAboutSewer Easement Agreement Bill&Return to• University Tie Compamy nnsaBocs Bk BR79Vol153 P:O.Drawer DT College Station,T:+ > 77841 GF# tOI SEWER EASEMENT AGREEMENT THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF BRAZOS § Preamble THIS EASEMENT AGREEMENT is made on April 91 ,2007,at College Station, Texas, between LINDA PRESTON-SHEPARD, an individual residing in Brazos County, Texas at 3924 North Graham Rd., College Station, TX 77845 ("Grantor") and HAMMOND JONES REAL ESTATE DEVELOPMENT, LP, a Texas limited partnership ("Grantee"), whose mailing address is 108 Wild Basin Road,Suite 205,Austin,TX 78746. Grant of Easement 1. For the consideration described in Paragraph 2, Grantor grants to Grantee an easement upon and across the property of the Grantor described in gxhlbit"A"attached hereto and incorporated herein by this reference(the'Property"). Consideration 2. This easement is granted in consideration of the Grantee's payment to Grantor of the sum of$1.00 and other valuable consideration,receipt of which is acknowledged. Character of Easement 3. This instrument grants an easement appurtenant to the dominant tenement.The dominant tenement is the property of the Grantee described in Exhibit"B"attached hereto and incorporated herein by this reference(the"Dominant Tenement"). Location of Easement 4, The twenty foot(20')wide easement shall be located upon and across the Property as described in Exhibit "C" attached hereto and incorporated herein by this reference (the "Easement Property"). Purpose of Easement 5. This easement,with its rights and privileges,shall be used only for the purpose of *, placing,constructing,operating,repairing,maintaining, rebuilding,replacing,relocating,and/or removing an underground sanitary sewer line for the flow of sanitary sewer from Grantee's Easement Agreement Page 1 • Doc 5k Vol Pi • 7)0961265 DR 7443 154 property to and through the Property. Duration of Easement 6. This casement shall be perpetual but may terminate as provided in Section 19 hereof. Warranty of Title 7. Grantor and Grantor's heirs,legal representatives,successors,and assigns are and shall be bound to warrant and forever defend the easement and rights conveyed in this instrument to Grantee and Grantee's heirs, legal representatives, successors, and assigns, against every vo person lawfully claiming or to claim all or any part of the interest in the Property,except as to the reservations from and exceptions to conveyance and warranty,by,through,or under Grantor,but not otherwise. Reservation-Non Exclusiveness of Easement 8. The easement,rights,and privileges granted by this conveyance are nonexclusiv ' and Grantor and Grantor's heirs,legal representatives,and assigns reserve and retain the right to use or to convey similar rights and easements to such other persons as Grantor and Grantor's heirs,legal representatives,and assigns may deem proper,provided such additional grants do not interfere with Grantee's use of the easement. Grantor and Grantor's heirs,legal representatives, and asci y,: also reserve the right to tap in and use the sewer line installed in the Basement Pro. so lon_ as ens:or s use to:- er rantee's use does not overly b •en I,a sewer line. To the extent that maintenance,ins•= aeon,or repair cost is attrl•u , e o tor's use, Grantor shall bear all cost and obligation related to such maintenance,installation,or repair cost. Reservations-Surface Only 9. This Agreement conveys to Grantee easement interests in the surface estate only of the Easement Property. Grantor hereby reserves to Grantor, and Grantor's heirs, legal representatives, and assigns, all mineral interests, whether metallic or nonmetallic, whether similar or dissimilar,whether known or unknown,currently owned by Grantor in,on,and under • and that may be produced and saved from the Easement Property or acreage pooled or unitized therewith,and the full and exclusive executive rights to execute leases in connection therewith. Exceptions-General 10. This conveyance is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests,if any,relating to the Easement Property,to the extent,and only to the extent, that the same may still be in force and effect, and either shown of record in the Sewer Easement Agreement Page 2 Doc !'R Vol Pe 00961265 OR 7943 155 Official Records of Brazos County,TX,or that may be apparent on the Property. "AS IS"CONVEYANCE 11. BY ITS ACCEPTANCE OF THIS EASEMENT CONVEYANCE,AND AS A MATERIAL PART OF THE CONSIDERATION,GRANTEE FURTHER EXPRESSLY ACKNOWLEDGES AND AGREES THAT (1) ANY INFORMATION PROVIDED TO GRANTEE PERTAINING TO THE EASEMENT PROPERTY BY GRANTOR HAS NOT BEEN INDEPENDENTLY INVESTIGATED OR VERIFIED BY GRANTOR, (1i) EXCEPT AS EXPRESSLY SET FORTH HEREIN,GRANTOR IS NOT MAKING,AND HAS NOT MADE,ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION: AND (111) EXCEPT AS EXPRESSLY SET FORTH HEREIN,GRANTOR IS NOT, AND SHALL NOT BE,LIABLE OR BOUND IN ANY MANNER WHATSOEVER BY ANY WRITTEN OR VERBAL STATEMENT, REPRESENTATION, REPORT, SURVEY OR • INFORMATION FURNISHED TO GRANTEE, OR MADE, BY ANY PARTY WITH RESPECT TO THE EASEMENT PROPERTY OR THE EASEMENT INTERESTS HEREBY CONVEYED. EXCEPT AS EXPRESSLY SET FORTH HEREIN,GRANTEE SPECIFICALLY AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO CONDUCT SUCH TESTS,STUDIES AND INVESTIGATIONS AS GRANTEE DEEMS NECESSARY AND APPROPRIATE, GRANTEE IS RELYING SOLELY UPON GRANTEE'S OWN INVESTIGATION OF THE EASEMENT PROPERTY AND NOT ON ANY INFORMATION PROVIDED BY GRANTOR. GRANTEE FURTHER AGREES THAT GRANTEE HAS PURCHASED AND ACCEPTED THE EASEMENT INTERESTS IN THE EASEMENT PROPERTY IN ITS CURRENT"AS IS"WITH ALL FAULTS CONDITION,AND TO HAVE ASSUMED THE RISK OF ANY MATTER OR CONDITION WHICH IS LATENT OR PATENT OR THAT COULD HAVE BEEN REVEALED BY ITS INVESTIGATIONS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, GRANTOR HAS NOT MADE (AND GRANTOR HEREBY EXPRESSLY DISCLAIMS, AND GRANTOR IS SELLING THE PROPERTY WITHOUT) ANY REPRESENTATIONS OR WARRANTIES,EXPRESS OR IMPLIED, WHATSOEVER AS TO THE VALUE, CONDITION, NATURE, CHARACTER, SUITABILITY, HABITABILITY OR FITNESS OF THE EASEMENT PROPERTY, THE INCOME TO BE DERIVED THEREFROM,THE PRESENCE OR ABSENCE OF ANY HAZARDOUS MATERIAL OR OTHER ENVIRONMENTAL CONDITION OR COMPLIANCE OF THE LAND WITH, OR VIOLATION OF,ANY LAW, STATUE, ORDINANCE, RULE OR REGULATION,AND ANY OF SUCH REPRESENTATIONS AND WARRANTIES, AND ANY CLAIMS OR CAUSES OF ACTION AGAINST GRANTOR BASED IN WHOLE OR IN PART ON ANY VIOLATION OF,OR ARISING WITH RESPECT TO, ANY FEDERAL, STATE OR LOCAL STATUTE, ORDINANCE, RULE OR REGULATION ARE HEREBY EXPRESSLY WAIVED AND RELEASE BY GRANTEE. Indemnity Sewer Basement Agreement Page 3 ol ©046 22665 OR 7943 156 12. Grantee shall hold harmless, defend, and indemnify Grantor against any suits, - liabilities, claims, demands, or damages, including but not limited to personal injuries and attorneys'fees.arising from Grantee's exercise of easement rights granted by this instrument.Any improvement of any nature constructed by Grantee on the Easement Property and for the benefit of the Dominant Tenement will be at Grantee's sole expense,and Grantee shall not permit any mechanics or materiabnen's lien to be placed upon or remain upon the Easement Property or any portion of the Property. Maintenance-Grantee's Duties and Grantor's Rights 13. Upon completion of the construction of the sewer line,Grantee, as the owner of the Dominant Tenement, shall be responsible for the costs to maintain, operate and repair the sewer line in accordance with all applicable ordinances, rules and regulations of the City of College Station and all federal and state laws and regulations and the terms of this Agreement. In no event shall Grantor,or the future owners of any part of the Property have any responsibility, liability,or obligation for the maintenance,operation or repair of the sewer line.Notwithstanding, the fo :'in_ _! : ent that Grantor or Grantor's heirs,le:: representatives and assigns elect to tie into the sewer line, Grantor shall bear all costs associated with the : : on, maintenance, and •air • tho: ewer structures which tie into the sewer Tune. To the extent '•r's use of the sewer line, which use shall be In addition to Grantee's use, requires increased capacities,repair,installation,or maintenance specifically attributable to Grantor's use, Grantor shall bear all costs,obligation,and responsibility for perfonning such work. If the owner of the Dominant Tenement,or any part thereof fails to maintain or repair the sewer line in accordance with all applicable ordinances,rules and regulations and the terms of this agreement,Grantor(or the then owner of any portion of the Property)shall have the right (but not the obligation)to cause such maintenance or repairs to be performed,completed or made _Amy time after the expiration of thirty (30) •ays :... wn' notice o 'e owner o the Dominant Tenement of such failure. Notwigrte foregoing, at my time, in the event immediate maintenance or repairs are required from reasons creating a hazardous situation,arc required for the use or occupancy of the any part of the Property,or are required by the City of College Station or any other governmental authority with jurisdiction over the sower line or any part of the Property, the owner of any part of the Property shall have the right to cause the required emergency maintenance or repairs to be performed, completed or made without the necessity of prior notice to the owner of the Dominant Tenement.By performing the activities described in this paragraph,Grantor(or the then owners of any part of the Property)shall assume no responsibility, liability,or obligation for those activities other than avoidable damage caused to the sewer line by the gross negligence of its(or their)employees or agents.Bach owner of any portion of the Dominant Tenement shall be jointly and severally liable to Grantor(or the then owners of any part of the Property) for reimbursement of all reasonable and necessary costs incurred by Grantor,or the then owners,in performing the activities described in this paragraph. Sewer Basement Agreement Page 4 00961265 0R 7743 157 Notwithstanding the foregoing, U is expressly understood by Grantor and Grantee that Grantee shall have the right to dedicate this sewer line easement to the City of College Station and that Grantor(or the then owners of any part of the Property)concurs and consents to such dedication. Furthermore, Grantor and Grantee agree that upon such dedication of the sewer easement,Grantee shall be forever released from obligations to construct,repair,fix,or maintain • the sewer easement, and that all Grantee's obligations under this Sewer Basement Agreement • shall be assumed by the City of College Station. Temporary Easements 14. hi addition to the right-of-way casement located as specified in Paragraph 4, Grantee shall have the night to use as much of the surftee of the Property adjacent to the Easement Property as may be reasonably necessary for Grantee to construct and install the contemplated sewer line in the Easement Property. On completion of construction and • installation,Grantee shall replace and restore all fences,walls,or other structures that may have been relocated or removed during the construction period. Rights Reserved 15. Grantor retains,reserves,and shall continue to eqjoy the use of the surface of the Basement Property for any and all purposes that do not interfere with and prevent Grantee's use of the easement. Ad Valorem Taxes 16. Intentionally Deleted. Entire Agreement 17. This Agreement contains the entire agreement between the parties relating to its subject matter.Any oral representations or modifications concerning this Agreement shall be of no force and effect.Any subsequent amendment or modification must be in writing and agreed to by both parties. Sewer Easement Agreement Page 5 • 00961D265 OR7v9S3 1l 58 Dispute Expenses and Attorneys'Fees 18. If any controversy, claim, or dispute arises relating to this Agreement or its .4 breach,the prevailing party shall be entitled to recover from the other party reasonable expenses, attorneys'fees,and costs. Abandonment-General 19. Notwithstanding the perpetual character of this Easement,if all or any portion of the sewer line is abandoned,or shall cease to be used for a period of nine(9)consecutive months, this easement shall automatically cease and revert to, and re-vest in, Grantor or r for s successors or assigns, or the future owners of the Property, as fully and completely as if this document had not been executed and such portion shall thereafter be released of any easement, rights and privileges hereby granted. Enforcement-Equitable Remedies 20. If there is any breach or threatened breach of this Easement by any party or their successors or assigns, and the default or threat continues after the claiming party gives the defaulting party notice of the claim of default and a reasonable opportunity to cure the default(if+ the default is capable of being cured), then the claiming party may enforce the terms of this Easement by restraining order and by temporary and permanent injunction, prohibiting such breach and commanding the offending patty to comply with all of the terms of the Easement. Restraining orders and injunctions will be obtainable upon proof of the existence of any breach or threatened breach, and without the necessity of proof of inadequacy of legal remedies or irreparable harm,and shall be obtainable only by the parties hereto or those benefitted hereby; provided,however,that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. Choice of Laws 21. This agreement will be construed under the laws of the state of Texas, without regard to choice-of law rules of any jurisdiction.Venue is in Brazos County,TX. Further Assurances 22. Each signatory party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terms, provisions,and conditions of this agreement and all transactions contemplated by this agreement. Binding Effect Sewer Easement Agreement Page 6 0096/oc Ok Vol Ps 265 DR 7443 159 23. This Agreement shall bind and inure to the benefit of the respective parties,their personal representatives,successors,and assigns.Furthermore,Grantee shall have the right to assign this easement in Grantee's sole and absolute discretion. Executed this 9- day of April,2007,at College Station,Texas. GRANTOR: /4.) 44e11-44- A PRESTON-SHEPARD STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on the r9 I day of April,2007,by LINDA PRESTON-SHEPARD,for the purposes therein expressed. Notar Public in and for the State of Texas NOTARY PUBLIC trla to Mendwafe • �..- BEae bTeucAs it/Cann111lone 4tas74+4010 Sewer Easement Agreement Page 7 Doc Bk Vol Ps • 0096126$ DR 7443 160 Executed this 1.4441 day of April,2007,at College Station,Texas. OltAN E: Hammond Jones Real Estate Development,LP, a Texas limited pattnt ah#p By: Hammond Jones Property Company LLC, • a Texas limited liability company BY: Th M.Jones,i Member STATE OF TEXAS• § COUNTY OF BRAZOS § This instrument was aoimowledgedbefore me on this thecRec,day of April,2007,by THOMAS M.JONES,Member of Hammond Jones Property Company,LLC,a Teras limited • liability company,as general partner of Hammond Jones Real Estate Development,LP,a Texas • limited partnership,on behalf of said limited partnership. Notary Public in and for the State of Texas • • KADENNHOM ^fMe CamrrYeston Opium'w • , ,, Oeosinbar 24,SON • • • SewgrEasement A emenr • Page8 • • Doc 8k Vol Ps EXHIBIT*'' 04961265 OR Ma ibi METES AND BOUNDS DESCRIPTION 4.23 ACRE TRACT BRAZOS COUNTY. TX • Beidg:a '4.33 acre:tract or parcel of .laad'1yin$,a;iil'being, situated•in .the CRAWFORD BURNBTT SURVBY, Abstncot so.. 7,4f'Brazos .County, Texas, said 4.-23 'acre tract of'land being,part of•the Alton 3.;Wiiiia� s Sr:. tract as recorded ed in Vo ume.144, page. 609; and Yoluate' 156; page•,;3Z' of the Deed Ifecerds'of • Brazos County, Texas, acid being ABscribed moreover a's followst • 'BBGINNITIG at an iron. rod mar1c ng the southern nadt;corner of the Alton B. Williams tier:.' tract said iron rod being the'southern-noet corner.of said . tract be1ng described; - ' . . . . ' • '•' •• .THENCE N 43 224'5.6" •B for a•distance of-630:44 feet to an ;row.rod for a corner, said iron rod being located in the southern right-4frxay line of P.14. 2Sia; • . THENCE:N '18 19'' h0" W for a'distance• of 50..00 feet .to a concreie'moaumenit alAiRgNs 74 47'-00!' W.fo-r a digtanco of. 341.21 feet to an'trdn- rod for 'a TRBNCB $ .43- 22' 56" u-for a distend* of_441.19 feet to-an- iron rod for a corner; • . . • , THENCE•S.45 •S1' 4Z" E JT a distance .of 344.77 feet to an iron rod and •Place of Beginning fat' an area of.4.23'acres .of land More or•less according to a sur4ay.made on the ground in July; 197.9,• by Ranifo A. Galindo, P.D. .,for•Lha•;tate-of•Texas. . . And being.the same pz'bperty conveyed in a Deed executed by Erfin H. Williams,. •Sr.; et el, to Jean A. Preston 'and Ginda•Jeaa Preston ,dated:Auguet 14, 1979,)h ' and .recorde4'in Velame 433,.page-48, Deed Records of azos.County, TeXas. Aad•beteg the same property described in a .Deed from Lands Jean' Preston '.Payne to.Jean A. Pteston .smd•Mel?in•Alffed Preston dated March 16, 1982; and. -. recorded.�in:'Vallnoe $13, page 685; been.teeords o€ Aratos County,., Texas. • Page 9 0046/oc Bk 265 OR 7943 162 • Exhibit"B" 1 of 2 LEGAL DESCRIPTION FOR THE HID PROPERTY(THE"DOMINANT TENEMENT") Tract One Being a 43.63 acre (1,900,568 square feet)tract of land lying in the Crawford Burnett League, Abstract 7,Brazos County, Texas,being out of a 146.5 acre(called)tract of land conveyed by General Warranty Deed recorded under Volume 81, Page 186, Official Records of Brazos County,being that same tract of land conveyed by Trustee's Deed recorded under Volume 672, Page 404, Official Records of Brazos County, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with cap(found) lying in the South right-of-way of P.M. 2818 (Henry Mitchell Parkway) (330 feet wide) as dedicated by Deed recorded under Volume 266,Page 695 Official Records of Brazos County,being the Northwest corner of a 134.041 acre (called)tract of land conveyed by Special Warranty Deed recorded under Volume 3022,Page 187,Official Records of Brazos County,and the Northeast corner of the herein described tract; THENCE South 41 degrees 44 minutes 04 seconds West, along the Northwest line of said 134.041 acre tract and the Southeast line of this tract,2,114.76 feet to the remains of an old fence post(found)on the Southwest line of the Crawford Burnett League,Abstract 7 and the Northeast line of the S.M.McGowan Survey,Abstract 156,Brazos County,Texas,lying in a new fence line along the Northeast line of the lands of Texas A&M University,for the West corner of said 134.041 acre tract and the South corner of the herein described tract, from which a concrete monument(found)lies South 48 degrees 24 minutes 12 seconds East—496.23 feet; THENCE North 48 degrees 24 minutes 12 seconds West,along said survey lines,the Northeast property line of said Texas A&M University,said fence line,and the Southwest line of this tract, 1,462.20 feet to a petrified wood monument(found)for the South corner of a 423 acre(called) tract of land conveyed by Warranty Deed recorded under Volume 433,Page 48 Official Records of Brazos County,and the West corner of the herein described tract; THENCE North 41 degrees 50 minutes 29 seconds Bast,along the Southeast line of said 4.23 acre tract and the Northwest line of this tract, 629.37 feet to a 5/8 inch iron rod with cap(found) lying in the South right-of-way of the aforesaid FM 2818,being the East corner of the 4.23 acre tract and the Northwest comer of the herein described tract,from which a concrete right-of-way monument(found)lies North 80 degrees'50 minutes 37 seconds West—50.37 feet; THENCE along said South right-of-way,the North line of a 40-foot wide public utility easement granted to the City of College Station by document recorded under Volume 4540, Page 105 Official Records of Brazos County and the North Iine of the herein described tract the following courses; THENCE South 80 degrees 50 minutes 37 seconds East,454.27 feet to a 5/8 inch iron rod with Sewer Easement Agreemext Page 10 • EXHIBIT !II" 2 Of 2oc 8k ciol Ps 0096D1265 DR 7943 163 cap(buryrpartners)(set)for an angle point; THENCE North 81 degrees 55 minutes 48 seconds East,260.22 feet to a concrete right-of--way monument(found)for an angle point; THENCE North 83 degrees 55 minutes 18 seconds East, 139.38 feet a concrete right-of-way monument(found)for an angle point; THENCE South 77 degrees 18 minutes 43 seconds Bast, 106.14 feet to a concrete right-of-way monument(found)for an angle point; •THENCE North 83 degrees 49 minutes 10 seconds East, 10.00 feet to a concrete right-of-way monument(found)for an angle point; THENCE North 62 degrees 01 minutes 05 seconds East, 160.91 feet to a concrete right-of-way monument(found)for an angle point; THENCE North 83 degrees 49 minutes 10 seconds East, 896.82 feet to the POINT OP BEGINNING,and contains 43.63 acres of land,more or less. Sewer Easement Agreement Page 11 Mr .24c_ Vol Ps — EXHIBIT "C!!_r --_. 00461265 OR 7443 164 8 of 2 regi i • .4. SITE A 4 -_ li` 'CRAWFORD BURI+JE'tT LEAGU4 ABSTRACT' 7 • BRAZOS cowry, 'TEXAS imiroo, , n ssmov•41..,,.mow jib^.='^:.7' f AIM . siv.24=iY 1torN PA( . Uw288,3pO.i BC j S •t •R, . i1 4 l V _ t I6 O.R.B.C. .4144,,,z,t VOLUME 488. PAGE 4e hicovo 794 �4 Akatairei e:' , / 4/b‘ . ( ° �{ pA8 43.63 ACR• ES . r<w. • t .. ...6.7.„:, ......,, . . • s;iim,Q. . 1,..,05, ........... .. . .. . . 7� r.+.w�:* EFIME T""Mala MELO Na1$DESCRIPTION i i.+y�.`I C'�!°r A . Page 12 • Doc Bk Vol Pa 00961265 DR 7944 165 EXRIBIT "C" , 2 of 2 , i • . I • METES AND BOUNDS DCRIPTION 20'WIDE SANfTAR'YSEWER EASEMENT I BRAZOS COUNTY,TEXAS HLiNG A 0202 ACRE(8,783 SQUARE FEET)TRACT OF LAND LYING IN-THE CRAWFORD i ' BURNETT SURVEY,AESTRAC T 7,BRAZOS COUNTY,TEXAS,BEING OUT OF A4.23 ACRE y (CALLED)TRACT OF LAND DESCRIBED IN WARRANTY DEED RECORDED UNDER - VOLUME 433,PAGE 48 OFFICM.RECORDS OF BRAZOS COUNTY,AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS;(BEAR!NGS BASED ON THE WEST PROPERTY UNE OF THE 43.63 ACRE TRACT RECORDED UNDER VOLUME . 672.PAGE 404 OF THE OFFICIAL RECORDS d1BRAZOS COUNTY COMMENCING ATA 518 INCH IRON ROD WITH CAP(FOUND)LYING IN THE SOUTH RIGHT.'OF-WAY OF F.M.2818(330 FEET WOE),BEING THE NORTHWEST CORNER OF A 43.63 ACRE TRACT AS CONVEYED BY TRUSTEE'S DEED RECORDED UNDER VOLUME •• 672,PAGE 404 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY,AND THE EAST • CORNER OF SAID 4.23 ACRE TRACT; THENCE 9 41'50'29'W.ALONG THE COMMON UNE OF SAID 43.63 ACRE TRACT AND SAID 423ACRE1RACT.559.37 FEET TO APOINT FOR THE EAST CORNER AND POINT OF . BEGINNING OF THE HEREIN DESCRIBED TRACT: • . THENCE S 41'550'29'W,CONTINUING ALONG THE COMMON UNE OF SAID 43.83 ACRE . TRACT AND SAID 4.23 ACRE TRACT,20.00 FEET TO A POINT LYING IN THE NORTHEAST LINE OFA 60'WIDE SINCLAIR REFINING COMPANY EASEMENT PER VOLUME 132,PAGE • 65 DEED RECORDS OF BRAZOS COUNTY,FOR THE SOUTH CORNER OF THE HEREIN DESCRIBED TRACT: THENCE N 48'24.12 W,ALONG THE NORTHEAST UNE OF SAID SINCLAIR REFINING COMPANY EASEMENT,CROSSING SAID 4.23 ACRE TRACT,333.24 FEET TO A POINT i LYING IN THE WEST UNE OF SAID 4:23 ACRETRACT,AS FOUND STAKED ON THE i GROUND.FOR THEWESTCORNER OF THE HEREIN DESCRIBED TRACT; THENCE N 40.48'48'E,LONG SAID WEST UNE,AT 7552 FEET PASS:43 A 618 INCH IRON ROD WITH CAP(FOUND)FOR THE SOUTHEAST CORNER OF A SANITARY SEWER. UFT ST'A'TION AND ACCESS EASE34ENT AS RECORDED UNDER BRAZOS COUNTY • CLERICS FILE NUMBER 01-0735723,AND CONTINUING A TOTAL DISTANCE OF T25.58 FEET TO A 518 INCH IRON ROD MTH CAP(FOUND)FOR THE NORTH CORNER OF THE HEREIN DESCRIBED TRACT; - THENCE 3 49'13'12'E,20.00 FEET TO A POINT FOR THE MOST NORTHERLY EAST , • CORNER OF THE HEREIN DESCRIBED TRACT; THENCE 640t44348'W.PARALLEL TO AM)20 FEET SOUTHEAST OF SAID WEST LINE, 105.85 FEET TO A POINT FOR AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT; , THENCE S 48'24112"E,PARALLEL TO ANn'20 FCS T NOK'MG&ST OF TI-E NORTHEAST ; UNE OF SAID SINCLAIR REFINING COMPANY EASEMENT.313.60 FEET TO THE POINT OF I,S BEGINNING AND CONTAINING 0202 ACRES OF LANG MORE OR LESS. ...0•••• ;i /% ��rL/ jA : `... f Ry s :s+r.« DATE •J7.r.- ?:i• - • c . :1:PROFESSIONAL LAND Si)-vc xi- 10.•. 4 BURY+P ERS-HOUSTON,INC. .. ., •ter 1001 WEST LOOP SOUTH,SUITE 200 '.,0 SU• ,.r age 13 HOUSTON,TEXAS 77027 'r. Oac Ek Vol Ps 00561265 OR 7943 166 Filed for Record in: EROS COUNTY Ont has 01r2007 at 02137P As a NO LAEEL RECORO/Nfi 6ocvweat Number: 04961265 Amount 63.00 Riectist Humber - 314E60 Es: • Canthia Rincon STATE Of TEXAS COUNtY OF ORAZOS 1 hereby certify that this instrument vas filed an the date and tine stawaed hereon by re and vas duly recorded in the volume and rase of the Official Public records of: ERAZOS COUNTY as starved hereon by me. hos 01,2007 HONORABLE KAREN MCO1JEENr COUNTY CLERK DRAWS COUNTY 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. SANITARY SEWER EASEMENT (20' wide) DATE: , 2007 GRANTOR: LINDA PRESTON-SHEPARD GRANTOR'S MAILING ADDRESS: 3924 North Graham Road (including County) Brazos County College Station, Texas 77845 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue Brazos County College Station, Texas 77842 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration. PROPERTY: All that certain tract or parcel of land containing 0.189 acre (8,250 square feet) lying and being situated in the Crawford Burnett Survey, Abstract 7, Brazos County, Texas, being out of a 4.23 acre (called) tract of land described in Warranty Deed recorded under Volume 433, Page 48, of the Official Records of Brazos County, Texas, and being more particularly described by metes and bounds on Exhibit "A" 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" known as the "twenty foot (20') wide Easement Area," . • . . .. • . . •. • -•• - • • -- - . install, use and attach equipment necessary and incident to the uses of the Easement Area to erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify and remove the following: Underground Ssanitary sewer lines, • . • . - , - • -- •• •- - , . - • •- and any underground equipment related to the provision of sewer services; Page 1 Bg/legal...group(o)/easements/preston-shepard/sanitary sewer easement.doc 08/4206/2007 under the said Property as described and any ways, streets, roads, or alleys abuttinge;and to cut, trim, and control the growth of trees and other vegetation on and in the easement area or on adjoining property of Grantor, which might interfere with or threaten the operation and maintenance of the underground sewer line . • . . . ' . ' ' - .• - - • , 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 shall restore the surface area of the Easement Area as nearly as practicable to its contour and condition as existed prior to the exercise by Grantee of any rights granted herein. Grantee shall have the right to assign its interest in the Easement Area. 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. EXCEPTIONS TO CONVEYANCE: 1. This conveyance is made by Grantor and accepted by Grantee subject to all existing easements, encumbrances, restrictions, and other matters filed of record. 2. BY ITS ACCEPTANCE OF THIS EASEMENT CONVEYANCE, AND AS A MATERIAL PART OF THE CONSIDERATION, GRANTRR FURTHER EXPRESSLY ACKNOWLEDGES AND AGREES THAT (i) ANY INFORMATION PROVIDED TO GRANTRR PERTAINING TO THE EASEMENT PROPERTY BY GRANTOR, (ii) EXCEPT AS EXPRESSLY SET FORTH HEREIN, GRANTOR IS NOT MAKING, AND HAS NOT MADE, ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION: AND (iii) EXCEPT AS EXPRESSLY SET FORTH HEREIN, GRANTOR IS NOT, AND SHALL NOT BE, LIABLE OR BOUND IN ANY MANNER WHATSOEVER BY ANY WRITTEN OR VERBAL STATEMENT, REPRESENTATION, REPORT, SURVEY OR INFORMATION FURNISHED TO GRANTEE, OR MADE, BY ANY PARTY WITH RESPECT TO THE EASEMENT PROPERTY OR THE EASEMENT INTERESTS HEREBY CONVEYED. EXCEPT AS EXPRESSLY SET FORTH HEREIN, GRANTEE SPECIFICALLY AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO CONDUCT SUCH TESTS, STUDIES AND INVESTIGATIONS AS GRANTEE DEEMS NECESSARY AND APPROPRIATE, GRANTEE IS RELYING SOLELY UPON GRANTEE'S OWN INVESTIGATION OF THE EASEMENT PROPERTY AND NOT ON ANY INFORMATION PROVIDED BY GRANTOR. GRANTEE FURTHER AGREES THAT GRANTEE HAS PURCHASED AND ACCEPTED THE EASEMENT INTERESTS IN THE EASEMENT PROPERTY IN ITS CURRENT "AS IS" WITH ALL FAULTS CONDITION, AND TO HAVE ASSUMED THE RISK OF ANY MATTER OR CONDITION WHICH IS LATENT OR PATENT OR THAT COULD HAVE BEEN REVEALED BY ITS INVESTIGATIONS. EXPCET AS EXPRESSLY SET FORTH HEREIN, GRANTOR HAS NOT MADE (AND GRANTOR HEREBY EXPRESSLY DISCLAIMS, AND GRANTOR IS SELLING THE PROPERTY WITHOUT) ANY REPRESENATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WHATSOEVER AS THE VALUE, CONDITION, NATURE, CHARACTER, SUITABILITY, HABITABILITY OR FITNESS OF THE EASEMENT PROPERTY, THE INCOME TO BE DERIVED THEREFROM, THE PRESENCE OR ABSENCE OF ANY HAZARDOUS MATERIAL OF OTHER ENVIRONMENTAL CONDITION OR COMPLIANCE OF THE LAND WITH, OR VIOLATION OF„ ANY LAW, STATUE, ORDINANCE, RULE OR REGULATIONS, AND ANY OF SUCH REPRESENTATIONS AND WARRANTIES, AND ANY CLAIMS OR CAUSES OF ACTION AGAINST GRANTOR BASED IN WHOLE OR IN PART ON ANY VIOLATION OF, OR ARISING WITH RESPECT TO, ANY FEDERAL, STATE, Page 2 Bg/legal...group(o)/easements/preston-shepard/sanitary sewer easement.doc 08/02/2007 OR LOCAL STATUE, ORDINANCE, RULE OR REGULATION ARE HEREBY EXPRESSLY WAIVED AND RELEASED BY GRANTEE. RESERVATIONS AND RESTRICTIONS: NONE 1. Grantor hereby reserves to Grantor, and Grantor's heirs, legal representatives, and assigns, all oil, gas, and minerals, whether metallic or non-metallic, currently owned by Grantor in, on, or under and that may be produced or saved from the Easement Area, and the full and exclusive rights to execute leases in connection therewith. Notwithstanding the foregoing, Grantor hereby waives all surface rights for mining or developing such oil, gas and minerals. 2. Grantor may use or cross said Easement Area for any other purposes not inconsistent with Grantee's enjoyment of the easement and shall further have the right to lay out, dedicate, construct, maintain and use across said land, such roads, streets, alleys, underground telephone cables and conduits and gas, water and sewer pipelines as will not interfere with Grantee's use of the land for the purposes described provided that all such facilities shall be located at an angle of not less than 45 degrees to any of the Grantee's underground sewer lines and shall be so constructed as to provide with respect to Grantee's underground sewer lines the minimum clearances provided by law and recognized as standard in the sewer industry, and grantors are also granted the right to erect fences across and upon said land. 3. Grantee shall be responsible for the costs to maintain, operate and repair the sewer line in accordance with all applicable ordinances, rules and regulations of the City of College Station and all federal and state laws and regulations and the terms of this Agreement. In no event shall Grantor, or the future owners of any part of the Property have any responsibility, liability, or obligation for the maintenance, operation or repair of the sewer line. Notwithstanding the foregoing, in the event that Grantor or Grantor's heirs, legal representatives, and assigns elect to tie into the sewer line, Grantor shall bear all costs associated with the installation maintenance, and repair of those sewer structures which tie into the sewer line. To the extent Grantor's use of the sewer line, which use shall be in addition to Grantee's use, requires increased capacities, repair, installation, or maintenance specifically attributable to grantor's use, Grantor shall bear all costs, obligations, and responsibility for performing such work. 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 herself, her heirs, administrators, 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. LINDA PRESTON-SHEPARD APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. City Attorney Page 3 Bg/legal...group(o)/easements/preston-shepard/sanitary sewer easement.doc 08/02/2007 THE STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS This instrument was acknowledged before me on this day of , 2007, by LINDA PRESTON-SHEPARD. Notary Public in and for the State of Texas 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 4 Bg/legal...group(o)/easements/preston-shepard/sanitary sewer easement.doc 08/02/2007