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HomeMy WebLinkAboutPUENOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Q p PUBLIC UTILITY EASEMENT n �� DATE: 2012 GRANTOR: ACC OP (MARION PUGIz)„ LLC a Delaware limited liability company GRANTOR'S MAILING ADDRESS: 12700 Hill Country Blvd., Ste T-2000 (including County) Travis County C� Austin, Texas 78738 lip GRANTEE: I CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue (including County) Brazos County College Station, Texas 77842 CONSIDERATION: I Ten Dollars ($10.00) and other good and valuable consideration. PROPERTY: Tract One: or acre of 1ano, more or being situated in College Stati n, Brazos County, Texas, and being a portion of Lot 1, Block 1, Callaway Subdivisio , Phase Three, according to the plat recorded in Volume 10017, page 7, of the Official Records of Brazos County, Texas; said 0.28 acre of land being more particularly described by metes and bounds and depicted on plat marked Exhibit "A" attached hereto and made a part hereof for all intents and proposes. Page 1 0:/5 EASEMENTS/Amertcan campus/PUE-2011/public utility easement. do= 0210712012 Tract Two: All that certain tract or parcel of and containing 0.56 acre of land, more or less, lying and being situated in College Stati m, Brazos County, Texas, and being a portion of Lot 1, Block 1, Callaway Subdivisio , Phase Three, according to the plat recorded. in Volume 10017, page 7, of the OffrciaPecords of Brazos County, Texas; said 0.56 acre of land being more particularly described by metes and bounds and depicted on plat marked Exhibit "B"\attached hereto and made a part hereof for all intents and purposes. Tract Three; /Irf'A& All that certain tract or parcel If land containing 0.37 acre of land, more or less, lying and being situated in College Station, Brazos County, Texas, and being a portion of Lot 1, Block 1, Callaway Subdivisio , Phase Three, according to the plat recorded in Volume 10017, page 7, of the Offrcia] Records of Brazos County, Texas; said 0.37 acre of land being more particularly described by metes and bounds and depicted on plat marked Exhibit "C" attached hereto and made a part hereof for all intents and purposes. Tract Four: All that certain tract or parcel f land containing 0.27 acre of land, more or less, lying and being situated in College Sta on, Brazos County, Texas, and being a portion of Lot 1, Block 1, Callaway Subdivisio , Phase Three, according to the plat recorded in Volume 10017, page 7, of the Official ecords of Brazos County, Texas; said 0.27 acre of land being more particularly described by metes and bounds and depicted on plat marked Exhibit 'ID" attached hereto and made a part hereof for all intents and purposes. Tract Five: All that certain tractor parcel f land containing 0.18 acre of land, more or less, lying and being situated in College Star on, Brazos County, Texas, and being a portion of Lot 1, Block 1, Callaway Subdivisio , Phase Three, according to the plat recorded in Volume 10017, page 7, of the Official Records of Brazos County, Texas; said 0.18 acre of land being more particularly described by metes and bounds and depicted on plat marked Exhibit "E" attached hereto and made a part hereof for all intents and purposes. Tract Six: All that certain tract or parcel of lam: containing 243 square feet of land, more or less, lying and being situated in College Sti tion, Brazos County, Texas, and being a portion of Lot 1, Block 1, Callaway Subdivisio 1, Phase Three, according to the plat recorded in Volume 10017, page 7, of the Offrcia Records of Brazos County, Texas; said 243 square feet of land being more particularly described by metes and bounds and depicted on plat marked Exhibit "F" attached hereto and made a part hereof for all intents and purposes. Page 2 0:/5 EASEMENTS/American cainpuslPUE-20111public utility easement,dom 0210712012 W-z'/ Tract Seven: All that certain tract or parcel of land c ntaining 240.6 square feet of land, more or less, lying and being situated in College Stati n, Brazos County, Texas, and being a portion of Lot 1, Block 1, Callaway Subdivision; jPhase Three, according to the plat recorded in Volume 10017, page 7, of the Official Records of Brazos County, Texas; said 240.6 square feet of land being more particularly described by metes and bounds and depicted on plat marked Exhibit "(T" attached hereto and made a part hereof for all intents and purposes. Tract Eight: Ar ,� UV All that certain tract or parcel of land cc taining 3384 square feet of land, more or less, lying and being situated in College Stati n, Brazos County, Texas, and being a portion of Lot 1, Block 1, Callaway Subdivision, hase Three, according to the plat recorded in Volume 10017, page 7, of the Official Records of Brazos County, Texas; said 3384 square feet of land being more particularly described by metes and bounds and depicted on plat marked Exhibit "H" attached hereto and made a part hereof for all intents and purposes. Tract Nine: All that certain tract or parcel of land containing 241 square feet of land, more or less, lying and being situated in College St ion, Brazos County, Texas, and being a portion of Lot 1, Block 1, Callaway Subdivisi n, Phase Three, according to the plat recorded in Volume 10017, page 7, of the Official Records of Brazos County, Texas; said 241 square feet of land being more particularly d6seribed by metes and bounds and depicted on plat marked Exhibit "I" attached hereto and made a part hereof for all intents and purposes. Tract Ten: K )Jr All that certain tract or parcel of land c ntaining 586.4 square feet of land, more or less, lying and being situated in College Stati n, Brazos County, Texas, and being a portion of Lot 1, Block 1, Callaway Subdivision, jPhase Three, according to the plat recorded in Volume 10017, page 7, of the Officiall Records of Brazos County, Texas; said 586.4 square feet of land being more particularly described by metes and bounds and depicted on plat marked Exhibit "J" attached hereto and made a part hereof for all intents and Tract Eleven: \ I P'Jlr � All that certain tract or parcel of Ian containing 938 square feet of land, more or less,. lying and being situated in College S tion, Brazos County, Texas, and being a portion of Lot 1, Block 1, Callaway Subdivisio , Phase Three, according to the plat recorded in Volume 10017, page 7, of the Official Records of Brazos County, Texas; said 938 square Page 3 0.d5 EASEMENTS/American campus/PUE— 2011/public utility easement. do= 0210712012 feet of land being more particularly described by metes and bounds and depicted on plat marked Exhibit "K" attached hereto and made a part hereof for all intents and purposes. Tract Twelve: V�l� r ` r All that certain tract or parcel of land ontaining 314 square feet of land, more or less, lying and being situated in College Sta ion, Brazos County, Texas, and being a portion of Lot 11, Block 1, Callaway Subdivisio , Phase Three, according to the plat recorded in Voume 10017, page 7, of the Official St,( Brazos County, Texas; said 314 square feet of land being more particularly described by metes and bounds and depicted on plat marked Exhibit "L"•attached hereto and made a part hereof for all intents and purposes. Tract Thirteen: pp All that certain tract or parcel of land on g 383, square. feet of land, more or less, lying and being situated in College St iori, Brazos County, Texas, and being a portion of Lot 1, Block 1, Callaway Subdivisio , Phase Three, according to the plat recorded in Volume 10017, page 7, of the Of£icia Records of Brazos County, Texas; said 383 square feet of land being more particularly described by metes and bounds and depicted on plat marked Exhibit "M'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 Exhibits "A", "B", "C", "D", "E", "P", "G", "H", "I", "J". "K", "L", and "M"known as the "Easement Areas," and any _y ad_ d_itional area outside the Easement Areas necessary to install and attach e moment guy wires, and anchors necessa ment Areas to erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct mo rfy and remove the following: v,N�azL AA-� A Electric transmission and distribution lines; Water lines and sanitary sewer lines, connecting lines, Q access facilities, and related equipment; p t. Storm sewers and collection facilities; bA� ] V s1 =�o� Television, telephone, and communications lines; `� 41 Drainage ditches, drai ipes'and all other a Q r pa�wzr( ` drainage structures surfac and subsurface; a «� G --A —An n11— abutting same; and to cut, trim, and control the growth of trees and other vegetation on and in the 6"1 ? Easement Areas or on adjoining property of rantor which might interfere with or threaten the iq t �(� operation and maintenance of any pu Jtic uh i e uipment, accessories, or operations. It being ccc»>SSPkS«or/ understood and agreed that any and al equipment and facilities placed upon said Property shall d remain the property of Grantee. p v� Grantor hereby expressly acknowledges that it is the owner of this property. l�� j��G Page 4 t 1 e ✓ qS i• .i I OPJ�G-UH 0:/5 EASEMENTS/Atnerican campus/PUE-2011/public utility easement.dou ;qw-'Y)2i07T1072 Grantor express y subordinates all rights of surface use, incident to the mineral estate owned by Grantor, to the above -described uses of said surface by Grantee. Grantor will provide Grantee with the names and addresses of all lenders, if any, and agrees to lender's subordinations on behalf of Grantee, if any. RESERVATIONS AND RESTRICTIONS: NONE p j j 2 Upon the recording of this easement in the Official Records of Brazos County, Texas, the Temporary Blanket Utility Easement executed by AMERICAN CAMPUS COMMUNITIES tt OPERATING PARTNERSHIP LP, a Maryland limited partnership to City of College Station, Texas on August 18, 20 1, recorded m Volume 10322, Page 78, of the Official Records 'of Brazos County, Texas is LEASED. 4-1 �'uaF�tSyz�. 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 an part thereofd7, ACC OP(MAItION Pi7GH), LLC, A Delaware limited liability company x By: AMERICAN CAMPUS COMMUNITIES OPERATING PARTNERSHIP LP, a Maryland limited partnership, Its Managing Member By: AMERICAN CAMPUS COMMUNITIES HOLDINGS LLC, a Maryland limited liability company, Its General Partner By: AMERICAN CAMPUS COMMUNITIES, INC., a Maryland, corporation, its 'sole member Printed Name: Page 5 0./5 EASEMENTSIAnerican campuslPUE — 2011/public utility easement.does 0210712012 APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE -SUBMISSION FOR APPROVAL City Attorney THE STATE OF COUNTY OF This instrument was by COMMUNITIES, COMMUNITIES AMERICAN CA limited partnershi day of 2012, if AMERICAN CAMPUS ,/a Maryland corporation, Sole Member of AMERICAN CAMPUS XNGS LLC, a Maryland limited liability company, General Partner of S COMMUNITIES OPERATING PARTNERSHIP LP, a Maryland behalf of said G before me on the A-CP- ©P Aq' 0 Notary Public in and for the State of PREPARED IN THE OFFICE OF: RETURN ORIGINAL DOCUMENT TO: City—ofGolLege-St_ation City of College Station Legal Department Legal Department P.O. Box 9960 P.O. Box 9960 College Station, Texas 77842-9960 College Station, Texas 77842-9960 Page 6 0.•/5 EASEMENTS/American compus/PUE-2011/public utility easeinent.dor 0210712012