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Home My WebLink AboutTemporary Access Easement12- Z" Doc Ek Val. Fs 011.59360. N 11G92 109 NOTICE 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 TEMPORARY ACCESS EASEMENT Made this 1.1 day of J t^Ak' , 2013, between FALCON POINT CONDOS, LLC, a Texas limited liability company (hdreinafter called "GRANTOR") and the CITY OF COLLEGE STATION, a Texas Home Ride Municipal Corporation of Brazos County, Texas (hereinafter called "GRANTEE"). WITNESSETH: WHEREAS, GRANTOR is the owner of certain real property, which GRANTOR intends to develop as a planned residential neighborhood known as FALCON POINT CONDOS; WHEREAS, GRANTOR is willing to grant to GRANTEE a temporary access easement for a roadway to be used during the construction period over, across and upon the following tract of land, to -wit: All that certain tract or parcel of land containing 0.2410 acre (10,500.0 square feet) of land, more or less, lying and being situated in the Morgan Rector League, Abstract No. 46, in College Station, Brazos County, Texas, and being part of Lot 3, Block 1, FALCON POINT Subdivision as recorded in Volume 11079, Page 30, of the Official Records of Brazos County, Texas; said 0.2410 acre (10,500.0 square feet) tract being more particularly described by metes and bounds and shown on plat marked Exhibit A attached hereto and made a part hereof for all intents and purposes. NOW, THEREFORE, in consideration of the sum of TEN and NO1100 DOLLARS ($10.00), and the premises, covenants and undertakings of the parties hereunder, and the mutual benefits and advantages accruing to the parties hereunder, the receipt and sufficiency of all of which are hereby acknowledged, the parties covenant and agree as follows: 0:15 riASEAM7NplcatpolnrVempmuryaccesseamwntdocx 071082013 Page 1 Doc Bk Vol N) 0110268 OF t1a42 11D 1. GRANTOR does hereby grant, bargain, sell and convey unto GRANTEE, its successors and assigns, a temporary access easement in and to the above -described parcels of land. This conveyance is only for the right, privilege and easement for the aforesaid purposes. GRANTOR and its lessees, 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 use 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. 3. The easement is intended to be temporary, but the rights granted hereunder shall not terminate until GRANTOR, or its successors, have dedicated the streets and/or roadways of its subsequent phase(s) by final plat in accordance with the City of College Station Code of Ordinances, as approved by GRANTEE, and constructs such streets or roadways in accordance with said plat/plats that satisfy the emergency fire turnaround requirements required by the applicable provisions of the City of College Station Code of Ordinances. 4. GRANTOR warrants that the right of GRANTEE shall be superior to those of all persons claiming under or through GRANTOR but not otherwise. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officers and their corporate seals to be duly affixed, as of the day and year aforesaid. FALCON POINT CONDOS, LLC, A Texas ' ited liability company By: 1 k� �rGX SC TT P. BALL, Member �r By: ANICE BRADSHAW, Member 0-15 EASEMENMYafwnpom74emporwy cess easemmada 07Aa4073 Paget Doi. Bk Vol F'a 0114.9268 OR 'IIW2 III CONSENT AND SUBORDINATION BY LIENHOLDER 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 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. APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE -SUBMISSION FOR APPROVAL. THE STATE OF TEXAS RED RIVER EMPLOYEES FCU Printed Name: ACI{NOWLEDGMENT COUNTY OF TEXAS This instrument was acknowledged before me on this _-U_ day of 2013, by SCOTT P. BALL, Member of FALCON POINT CONDOS, LLC, a TuxaJ limited liability company, on behalf of said FALCON POINT CONDOS, LLC, a Texas limited liability companyA n and for the State of Texas Notary Pubbc. State of Texas My Commission Expires SEPTEMBER4;2013 0. U EAS/:MGN7SIfalcon pob,lVwnpnrory access eOseMenLdpcS 07)WI2013 rage 3 Qa_ Bk' Vol Fa All169268 RJR 11.592 112 CONSENT AND SUBORDINATION BY LIENHOLDER 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 conditions of such grant, and Lienholder subordinates its lien(s) to the rights and interests of the easement, such that a foreclosure of the Heals) will not extinguish the rights and interests of the easement. RED RIVER EMPLOYEES FCU Title:=tea APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE -SUBMISSION FOR APPROVAL, THE STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF TEXAS This instrument was acknowledged before me on this -_-h- day of 2013, by SCOTT P. BALL, Member of FALCON POINT CONDOS, LLC, a Texa. limited liability company, on behalf of said FALCON POINT CONDOS, LLC, a Texas limited liability company. of Texas Notary PUNK, State of Texei My COMMISSICn ExOres SEPTEMBER4.2013 O: IsEASEMMYSifalvnpointuemparary a"esseasemenLd= 0710&2013 Page Doc Bk. Val Pn 01169268 OR 11592 1.13 THE STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF TEXAS This instrument was acknowledged before me on this -fl_ day of --d l`� 2013, by IANICE BRADSHAW, Member of FALCON POINT CONDOS, LLC, a Texas limited liability company, on behalf of said FALCON POINT CONDOS, LLC, a Texas limited liability company a n THE STATE OF TEXAS ACKNOWLEDGMENT Notary Public. State of Texas My Commission Expires SEPTEMBER4,2013 of Texas COUNTY OF BRAZOS Thi ins ument w s kn edged�befo me on this � day of 2013, by Q`�4 ow.. (� of D RIVER EMPL YEES FCU, on behalf of said RED RIVER EMPL.0WES FCU. annralllranNOmaNr nrnnrrr,oumnnunmm�n. E rrrunmrrr nnnou„„rrnur,rr„unrnurnuunn: PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842-9960 AFTER RECORDING, RETURN TO: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842-9960 O: 6 SASEMNNTSl/alconpomlUemparary access a mentdwx 0710812013 Page EXHIBIT A Dcw BP Vol Dorlmouth 5��et 01169268 OR 11592 R $W4 i V.1107* 0 qt' J(y LL (ill j I I III�I ' i ado a n I I?I 1 nnso N. .G mm I C I I �SN W flF I N 4#7 '12' W I L1 +�! m gYs`�r� N I 1001 2 1 g I I � 1 i Fa 1.14 EXHIBIT A Doc U Voi pW,tj,'gf2'8 OR 1.1592 FIEW NOTES TEMPORARY ACCESS EASEMDU 0.2410 ACRES Being all that certain tract or parcel of land lying and being situated m the MORGAN RECTOR LEAGUE, Abstract No. 46 in College Station, Brazos County, Tarns and being part of Lot 3, Block 1, FALCON POINT Subdivision as recorded in Volume 11079, Page 30 of the Official Records of Bm w County, Texas (O.R.B.C.), and being morepartieatarly described by metes and bounds as follows: BEGINNING at afound 1J2-inch iron rod nwidng the south comer of said Lot 3 and the east comer of Lot 2, Block 1, FALCON POINT Subdivision, from whence a frond 112-inch iron and marking the south comer of Lot 1, Block 1 of said FALCON POINT Subdivision and being in the northeast right-of- way line of Dartmouth Sheet (width varies at this location) bears S 45" 44' 49" W at a distance of 453.62 feet for mference; 111ENCE: N 44° 1612" W along the; common line of said Lots 2 and 3 for a distance of 105,00 feer for comer, from wheaca a found 124wh iron and marking the common most norar dy comer of said lots and being in the southeast lime of Lot 5, Block 2 WOODSTOCY, SECTION 1 as recorded in Volume 436, Page 481 of the Bmzo9 County Deed Records (B.C.D.R.) leans N440 16' 12" W at a distance of 45.00 feet forrefetoace; THENCE: N450 44' 49" E into the interior of stud 1,00 for adistance of 100.00 feet for comer•, THENCE: S 44" 16 12" E for a distance of 105.00 feet for comer inure common line of said Lot 3 and Lot of add FALCON POINT subdivision; THENCE: S 45e 4P 49" W along the southeast line of said Lot 3 for a distance of 100.00 feet to the POINT OF BEGINNING and containing 0.2410 acres (10,500.0 sq. 8) of land, more or less, according to a smvey made on the ground under the supervision of Kevin R McClure, Registered Pmfmicasl Land Surveyor, State of Texas, No. 5650, in Jannary2013. For further information see survey pletprepared with this description. p 3 ,9 5j a r-iQ oN 3 nvic 'tux y i9 rII 'D go d c 5 � �D A lD rn o 3 c A M T rim zL a N m VI )Z-Z(,Z I:?oK Fk Vol I-'�:+ 01'I.G92i,,] OR 11592. 1.03 NOTICE 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. PUBLIC UTILITY EASEMENT DATE:_) ) 12013 GRANTOR: FALCON POINT CONDOS, LLC, a Texas limited liability company GRANTOR'S MAILING ADDRESS: 4711 Johnson Creek Loop (including County) Brazos County College Station, Texas 77845 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: All that certain tract or parcel of land containing 0.1009 acre (4,396.4 square feet) of land, more or less, lying and being situated in the Morgan Rector League, Abstract No. 46, in College Station, Brazos County, Texas, and being part of Lot 4, Block 1, FALCON POINT Subdivision as recorded in Volume 11079, Page 30, of the Official Records of Brazos County, Texas; said 0.1009 acre (4,396.4 square feet) tract being more particularly described by metes and bounds and shown on plat marked Exhibit A attached hereto and made a part hereof for all intents and purposes. OILS EASEMffiV2 .1.1p0h#iPu60c ,N77ity easemen1.d00x 0710812013 Page I N Doc Bk Vol Fs 0.11692267 OR 11592 104 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 "Easement Area," and any additional area outside the Easement Area necessary to install and attach equipment, guy wires, and anchors 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: 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 vegetation on 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 Properly shall remain the property of Grantee. Grantor hereby expressly acknowledges that it is the owner of this property. Grantor expressly 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 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. FALCON POINT CONDOS, LLC, A Texa It iited liability comQpan�y By: l� oU(r�!! S OTTP. BALL,f�Member By: Lsw t S, ANICE BRADSHAW, Member 0. U R4&9AMN7NVd mmhWpublk wiity-man xtdo 07/0N2073 - Page 2 Doc U, Vol P3 01169267 OR 11592 105 CONSENT AND SUBORDINATION BY LIENHOLDER 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 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. GULAMALIFA AH APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE -SUBMISSION FOR APPROVAL. t►:7 rnn � 1 THE STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF TEXAS This instrument was acknowledged before me on this TL day of 2d13, by SCOTT P. BALL, Member of FALCON POINT CONDOS, LLC, a Tex limited liability company, on behalf of said FALCON POINT CONDOS, LLC, a Texas limited liability company. in afid-for the State of Texas r{ " GINASOUTNERLAN[ Notary Public, State olTaxas My Commission Expires SEPTEMBER4.2013 0.-U E9SEMMYSy0lm palwAPnblie WIRY wwmmtd0= 0710812013 Page 01169267 OR Vol 1 ii06 THE STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF TEXAS This instrument was acknowledged before me on this day of 2013, by JANICE BRADSHAW, Member of FALCON POINT CONDOS, LLC, d Texas limited liability company, on behalf of said FALCON POINT CONDOS, LLC, a Texas limited liability company. THE STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF 13RAZOS This instrument was acknowledged before me on this � day of, 2013, by GULAMALI FAIZULLAH. :130RAH A GRACE R051t Notary Public, State of TOM My Commission Expires APRIL14,2017 PREPARED IN TH) OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842-9960 Notary Public in od for the State of Texas AFTERRECORDING, RETURN TO: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842-9960 0,15 EAS&HENTSIjaleopy rinub/ic mtftfy mr docx 0710812013 Page 5 6 5 F+ G G w w a ry ( E m ry £ EXHIBIT A Doc Ek Vol 01169267 OR 11552 Oortmouth Street - 1'ffis P.7S1 io• Y1Jp� P„7p — ` rJ I I iN6f9U1) -,I_�� r3e III I�! I 1 Au ICI I � sH I I a all qp Al �51 Eli' u �' G4' M mtleye StauanJ/ / UI&$r Ea��mml W1/S84) ! fiS AueS Qtybal CaNe➢e .ttWurt �$I ;-w-ir—� &p 3 aw EXHIBIT A Nic E'ER Vol F9 Yr>lgl+Wot2' Ok 11592 108 PDRD NOTES 15' WIDE"LICumTYEASEMH2`Tl' 0.1009 ACRES Being all that certain tract or pareel of land lying and being situated in the MOROAN RECTOR LRA(.i11E, Abstract No, 46 in College Station, Brazos County, TO= and being part of Lot 4, Block 1, FALCON POINT Subdivision as recorded in Volume 11079, Page 30 ofthe Official Records of Brazos County, Texas (ORB.C.), and being more particularly described by metes and bounds as follows: COhRAENCING: at a found W i ach non rod marking the north comer of said Lot 4, the east comer of Lot 3, Block I, FALCON POINT Subdivision and being in the southwest line of a called 65 acre City Of College StEdiem tore[ recorded in Volume 389, Page 28 of the Brazos County Deed Records (B.C31R.); TMWCP— S 45" 44' 49" W along the common line of said Lots 3 and 4 for a distance of 100.96 feet for comer, from whence a found W-inch iron rod marking the south comer of Lot 1, Block 1 of said FALCON POINT Subdivision and being m the northeast dgld-of-way line of Dartmouth Street (width varies at this location) bears S 450 44' 49" W at adistance of 662.66 feetfor reference; TFIENM S 44" W l l" E into the interior of said Lot 4 for a distance of 10.00 feet to the POINT OF BEGRINING; THENCE: S 44" 1612" Bfor a distance of293.12 fmtfor comer, THENCE: S 45° 5624" W fora distance of 15.00 fnetfcr comer; TMCB: N44° 16 12" W fora distance of293.97 feetfor comer, T11FNCE: N45" 44' 49" E for a distance of 15.00 feet to tho POINT OF BEGINNING and containing 0.1009 acres (4,396.4 sq. R) of land, more or leas, according to a survey made on the ground under the supervision of Kevin R McClure, RegwWed fessional Land Surveyor, State of Texas, No. 5650, in January 2013. e- r,D _ For fiutlw in6 zmation see survey Plat prepared wi0rthis description. '13 N y 'Ai 'O u, � •-' m 7 tl. C� x c a ,L x ,D sa LL a C 4l iL p - lry rJ n. W ¢ N tin 0 d,. a