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HomeMy WebLinkAboutLegal Document t .~. 582672- J\JL D Of~ I .;1J "UN ?-6 PH 4 ,: 1 3 1 0, DATE: UTiliTY EASEMENT ~;l~, lo/rS' ALLEN R. SWOBODA f""'::'," . I. e GRANTOR: GRANTOR'S MAILING ADDRESS: 1607 Emerald Parkway Brazos County College Station, TX 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 cons,ideration. PROPERTY: Being all that certain 0.33 acre tract, being a variable-width utility easement, lying ,and being ,situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas and being a portion out of that same 300.00 acre tract conveyed from Allen Swoboda, Trustee, to Haldec, Inc., as described by deed recorded "in Volume 394, Page 766 of the Deed Records of Brazos County, Texas; provided, however, that 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,a~ 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 di~tribution 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 property shall remain the property of GRANTEE. GRANTOR expressly subordinates all rights of surfac~use incident to the mineral estate to the above described uses of said surface by GRANTEE, and agree to lender's subordinations on behalf of GRANTEE. GRANTOR will provide GRANTEE with the names and addresses of all lenders. ' RESERVATIONS AND RESTRICTIONS: None,: jslc/june95/$Wobodal 06l2Jl95 ~l;~~ Qfl1r o<<:l"~. ?n ,\I,... '..'..... ..-" ;t,""". _.......U '. TO HAVE AND TO HOLD, the rights and intere~ts herein described unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, forever, and GRANTOR does hereby bind himself, his heirs, executors, administrators, successors and assigns, to warrant and forever defend, all and singular, thes~ rights and interests unto the CITY OF COLLEGE STATION, TEXAS, and its. sl,lccessors and assigns, against every person whomsoever lawfullY claiming, or to claim same,or any part therL; , ~~..~~ , EN R. SWOBODA STATE OF TEXAS COUNTY OF BRAZOS .. .. .. ACKNOWLEDGMENT This instrument was aCkno,wledged before me onthis ~ day of -1l1fM..n 1995, by ALLEN R. SWOBODA. Notary~&I!aln ~"a for the State of T ~ioCOc.;;,>; -, __ A g . . ... ~C<J~....OO.....>QCX~O^,.jC:)OcCt)C'.~ ii Qr:Cv.yen'" 2 ~: Notary Pt<;iiC.' r.;a;(~ of TSl:as e ~~f '" ~) ,;, (;omm!,~~ion Frv"I',r.S 'l" 21 ","" '7 \,) ~ . . . . . 'I~ . 'V~ 'n.... .. ~:'1 ,;) (..,'dt;:i:~;~"::: Ci': ~'Y~')r.,;vr.:.()C(~OOD'.:)C'.co"O:coo:cM -2... jslc/jun~95/sW{}bodal 06121/95 ,vo:. 2379fAGE 321 . , ~' ... n \.;;....,.,..c ~, 'Z"j} METES AND BOUNDS DESCRIPTION OFA 0.33 ACRE TRACT MORGAN RECTOR LEAGUE, ABSTRACT NO. 46 COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes and bounds description of all that certain 0.33 acre tract, being a variable-width utility easement, lying and being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas and being a portion out of that same 300.00 acre tract conveyed from Allen Swoboda, Trustee, to Haldee, Inc., as described by deed recorded in VOLUME 394, PAGE 766 of the Deed Records of Brazos County, Texas, said 0.33 acre tract being more particularly described as follows: COMMENCING at the easternmost comer of the 20' wide utility easement shown by plat recorded in VOLUME 1566, PAGE 328, ofthe Deed Records of Brazos County, Texas, and lying in the northeast property line of proposed Lot 7, Block 18, Emerald Forest Phase 10. THENCE S39030'17"E - 610.32 feet to a point for the PLACE OF BEGINNING. and being the east comer of proposed Lot 22, Block 18, Emerald Forest Phase 10. THENCE S4I054'39"W- 587.55 feet to a point for a comer, and being the south comer of proposed Lot 27, Block 18, Emerald Forest Phase 10 and being the beginning of a curve to the right. THENCE in,a southeasterly direction 10.02 feet along the arc of said curve (Curve data: central angle = 00031'45", radius = 1085.13 feet, tangent = 5.01 feet, chord bearing S44010'44"E - 10.02 feet) to a point for end of said curve and comer. THENCE easterly for the following calls: N4I054'39"E - 566.59 feet S39030'17"E - 425,72 feet N4PI7'12"E - 20.26 feet THENCE N39030'17"W - 435.61 feet to the PLACE OF BEGINNING, and containing 0.33 acres of land, more or less. EXHIBIT A vO~ 2379PA~f 322 o .." .. N/F CLEMENT A. FOJTIK. ET UX V. 246 P. 657 "- " " " " <": " 60-" 't>. " <<i 6l" ~" <f..<' " ~~" ~, ~ ~ " -?~' , ~ ff9~<'-:-'J.\. \. "'by. '" ~~ ~ " '<'/ " <..->.~ ~" 1- " <<',~~" ~~ "" i ~O ~.y" .~ . ~_ ~,O" y. P~,,8. ~'2" " ~ ~ " ~ ~"15' D. E. AND U. L "''' BY OHlER I NSTAU~1E.\jT 8P S N, SEWER '\ " \f~ ~'V " " " , &;\~" '\ ' <$ f/, tf9,,;\ ~-,,, " "V~d,. >0;" '-'* " "\. ,~~.~. ;'>":\ ," . ,,~~, <.) VARIABLE WIDTH <<'" ~5''' :ff ,~~.<v UTILITY HSEMEtJT ~~ '.~" P' ~~t~Q) ~~~<- "f/ " s~~~~ fUTURE PHASE <J- ,fx., " " f/~ EMERALD fOREST /~ /" " ~ 20',/,7 "" 6' SAN. SEWER /~ ~ H" ~ CELT A C~RoVJ;31' 45" $ N410 17' 12"[ - 20, 26' ~ R = 1085, 13' ~ ~ CHORD 1~~~Efo~ ;4'~ ~1'1O. 02' ,'~/ ~ ARC LENGTH - 10. 02' ~/ ~ l' /.ft:;O~2~' ~: 4B5 . 0 7~.y/,J'j 10' SAN. SEWER /// SKETCH - PROPOSED UTILITY EASEMENT MORGAN, RECTOR LEAGUE A46 /7 COLLEGE S1 A T ION, BRAZOS COUNTY, TEXAS /7 ." ACRES I N EASEMENT - O. 33 Ac '0 URBAN DESIGN GROUP ,;/' scm; l' . 200' /'l DATE: 5-11-94 N/F HALDEC '\ NC. V.394 P.766 '.' vo~ 2379 PAGf 323 ~ .$: ,~ 582673 DATE: UTILITY,EASEMENT .~CJ~II1% ALLEN R. SWOBODA ~,JI:l""" "'JU L 10 1995 if,~ j""'fJ' M a'i'l-,;m" ':~'...., ii.i.t-' . i, 95 JUN 26 Prf4:r 3 GRANTOR: -"~ GRANTOR'S MAILING ADDRESS: 1607 Emerald Parkway Brazos County College Station, TX 77845 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue Brazos County College Station, Texas 77842 CONSIDERATION: Ten Dollars ($1 0.00) and other good and valuable consideration. PROPERTY: Being all that certain 0.07 acre tract, being a 15' wide drainage and utility easement, lying and being situated in the Morgan Rector league, Abstract No. 46, College Station, Brazos County, Texas, and being a portion out of that same 300.00 acre tract convey~d from Allen Swoboda, Trustee, to Haidee, Inc., as described by deed recorded in Volume 394, Page 766, of the Deed Records of Brazos County, Texas; provided, however, that 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 lIeasementarea",'and any additional area outside the easement area necessary to install and attach equipment, guy wires, anchors neces- sary 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 tran~mission and distribution lines; Wat~r 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, ~treets, 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 GRANTORS, which might interfere with or threaten the operation and maintenance of any public utility equipment, aecessories,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 saidslJrfaceby GRANTEE, and agree to lender's subordinations on behalf of GRANTEE. "GRANTOR will provide GRANTEE with the names and addresses of all lenders. " : ", RESERVATIONS AND RESTRICTIONS: None' , jslc/jllne95/~wobod2 06122/95 vo~2379mt324 1.1' 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 himself, hi~ heirs, executors, 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 personwhom~oever lawfully .claiming, or to claim same,;,~ any part 2 ;l . ~d?~d- ALLENR. SWOBODA STATE OF TEXAS COUNTY OF BRAZOS .. .. ACKNOWLEDGMENT .. This instrument was acknowledged before me on this .iJJL day of ~ u 1)1 0 1995, by ALLEN R SWOBODA. G1c~ . C))~ Notary Public i and for the State of T ~oooooooooooooooooooooooooooo ~ /,~ BECKY POE ~ 8 ~\~;Notary Public, State of Texas 8 ~ ~~"?..!. ,," My commission Expires 09-2101997 ~ 00000000000000000000000000000000 I ' -2- '2'3'i19"" , .(' - .. .. : . .' ~ '\ ,', /. .. .. '.. Vit.. f..J3tt 325 jsloljune95/swoboda2 Q6I22/9S o METES AND BOUNDS DESCRIPTION OFA 0.07 ACRE TRACT MORGAN RECTOR LEAGUE, ABSTRACT NO. 46 COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes and bounds description of all that certain 0.07 acre tract, being a 15' wide drainage and utility easement, lying and being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas and being a portion. out of that same 300.00 acre tract conveyed from Allen Swoboda, Trustee, to Haldec, Inc., as described by deed recorded in VOLUME 394, PAGE 766 of the Deed Records of Brazos County, Texas, said 0,07 acre tract being more particularly described as follows: COMMENCING at the easternmost corner of the 20' wide utility easement shown by plat recorded in VOLUME 1566, PAGE 328, of the Deed Records of Brazos County, Texas, and lying in the northeast property line of proposed Lot 7, Block 18, Emerald Forest Phase 10. THENCE S39030'17"E - 539.70 feet to a point for the PLACE OF BEGINNING. THENCEN73008'30"E - 79.20 feet to a point for a corner. THENCE S39030'17"E - 134.67 feet to a point for a corner, THENCE S50029'43"W - 15.00 feet to a point for corner, THENCE N39030'17"W - 124.67 feet to a point for corner. THENCE S73008'30"W - 62.94 feet to a point for corner. THENCE N39030'17"W - 16.25 feet to the PLACE OF BEGINNING. and containing 0.07 acres of land, more or less. May 1994 EXHIBIT A VOL 2379 p~t;r 326 "':'I " ~ ~,>,1 ^ \~ " ,.'1 " ... ~ N/F CLEMENT A. FOJTIK. ET UX V. 246 P. 657 SE R EMERALD fOREST PHASE 10 '\ \. \. \. \. .'. \. ~- \.q;,- \. V\. ~ \. 't> ~ \. <,,<' \. <>'0 ~ ~ 0'/,: \. <%_ ~~::::i' ',~~,y/, '~~,~ <->~ ~~ \. 1'/~ \. \.~ <<' ~ ..~ \. )- <' '1/. '{;~\/f:;. J- \. \ 1'~ \.f, . ~ '.r \.~. P. O. B. 0- <$- \. ''/'' ;() \. \. ~ .~ \. ~ ~ ~'~\. i5' D.E. AND U.E. S . SEWER I " . \. / ~~. S3~30' 17' E - t34.67' V~,.I^, . ~\., ",~'~Y' ~'" S50"'29' 43' W - 15, 00' ",,,,'.#'. ... \:\ N39''!P' l)'W :'-124.67' ~.... #' S7~ 8' 30'''~ - 62.94< .'0 f/ VAR I ABLE WIDTH ~ ';#fi . '$ ~ UTI LI TV EASEt~ENT \. '\.. \. \. /// ~ ~ BY OTHER 1 NSTRUMENT \. ~ /,/'" ~ \.~ \./' \. ~7 fUTURE PHASE \. ~ f=< \. \. ;/ EMERALD fOREST j/ \. \. ~~ 6' SAN. SEWER /tj/" \. /-? / /// /// ~~~~2~'~: 485 ,J1' IS' SAN. SEHER / SKETCH - PROPOSED UTlLl TV EASEMENT ~/ MORGAN RECTOR LEAGUE A46 COLLEGE STATION, BRAZOS COUNTY. TEXAS ACRES IN EASEMENT - 0.07 Ac . " URBAN OES I GN GROUP SCALE: I' . 200' DATE: . 5-11-94 N/F HALDEC' INC. V. 394 P. 766 ~ /fi~ fi~ /j' " VOL 2379 PAGf 327 +;"", . . -.... . ,'. .....: . . ~-bt /?I c ~ . DEVELOPMENT AGREEMENT This Agreement is entered into this the !)..+L day of ~, 1992, by and between ALLEN R. SWOBODA (hereinafter referred to as "SWOBODA"), and the CITY OF COLLEGE STATION, a Texas Home Rule Municipal Corporation (hereinafter referred to as "CITY"). WHEREAS, SWOBODA desires to develop the property, more fully described by metes and bounds in Exhibit A and depicted in Exhibit B both attached hereto and incorporated herein by reference: WHEREAS, the City Council reviewed the subdivision plat submitted by SWOBODA on November 29~ 1989. WHEREAS, the plat reviewed by the City council was a pre- liminary plat for Emerald Forest Phases 8 through 11: WHEREAS, the Council required the extension of Appo~attox through the new subdivision and the construction of North Forest Parkway: WHEREAS, the Council approved negotiations for the City of .' College station to participate in the construction costs 'for the Appomattox bridge; WHEREAS, the Council required the construction of North Forest Parkway as a part ot that plat approval: WHEREAS, the Council directed SWOBODA to acquire the land necessary for the extension of North Forest Parkway from the westerly most property line of the SWOBODA property through the intersection of the proposed location of Appomattoxi Q .." . . WHEREAS, the council required the construction of Appomattox as a forty-seven foot (47') wide street as a part of that plat approval; and WHEREAS, on July 25, 1991, the Council authorized the construction of a thirty-nine foot (39') wide bridge over Bee Creek channel; and WHEREAS, the Council directed the staff to negotiate and formalize the agreements between the parties; FOR AND IN CONSIDERATION of the mutual promises and covenants contained herein the parties hereby agree as follows: 1. Bee Creek Channelization and Appomattox Bridqe structure I a. Subject to the public bidding requirements imposed by the Texas Local Government Code, CITY shall participate in the construction cost of the bridqe structure up to $67,943.34 but not exceeding said sum of that cost and shall participate:in the 9onstruction cost of the Bee Creek channelization up to $90,000.00 but not exceedinq said sum. - b. The final construction plans and cost estimates are attached hereto as Exhibits C and D respectively. c. Prior to placing the construction contract out to bid, SWOBODA shall secure the approval of the City staff. Bid- ding shall be in accordance with the City Purchasing Manual and the opening of the bids shall be at the city of College station City Hall at a time and place designated by City staff. d. The CITY's participation payment shall be based upon the submission of the lowest responsible bidder. The con- - 2 - () ..., . . struction contract shall be awarded to the lowest responsible bidder. e. Upon the completion of the construction of the bridge structure, SWOBODA shall submit a request for reimburse- ment of CITY's cost of part~cipation. 2. Construction Guarantee a. Additionally SWOBODA shall submit for the benefit of the city of College station a letter of credit in the amount of the construction cost for North Forest Parkway valid for a period of three (3) years and guaranteeing the completion of construction by the end of the three (3) year period. A request to the city council for a two (2) year extension will not be unreasonably denied. If such extension is granted, SWOBODA shall submit a letter of credit for the two (2) year extension period. b. Upon the default of SWOBODA in the construction of the infrastructure, CITY shall be entitled to make a claim against the letter of credit upon notification to First city Texas-Bryan/College station. Said sum shall be due and payable within seven (7) working days of notification of default. 3. Appomattox street Construction a. SWOBODA agrees and shall construct Appomattox street, to city standards, as a forty-seven foot (47') wide street with sidewalks on both sides of the street. b. CITY agrees to pay, subject to construction cost approval, for the difference in cost in a thirty-nine foot (39') wide street and a forty-seven foot (47') wide street based upon actual construction costs. - 3 - . . c. SWOBODA shall install a pavement structure de- signed to fully developed traffic loads. CITY shall pay oversize participation costs up to but not exceeding $28,000.00 in association with the construction of Appomattox street in Phase 8. 4. North Forest Parkway Construction a. As a condition of approval of the preliminary plat, SWOBODA shall have completed the dedication to the CITY of all the property required for the sixty foot (60') wide right-of- way for North Forest Parkway from the westerly property line of the SWOBODA property through to the easterly side of the Appomattox right-of-way. b. SWOBODA shall dedicate to CITY a thirty foot (30') ~ wide right-of-way and construct a twenty foot (20') wide roadway from the easterly right-of-way line from Appomattox to the city of College station Waste Water Treatment Plant property line along the northerly boundary of the SWOBODA property line. 5. This Agreement shall not be in effect until SWOBODA submits the application required by Federal Emergency Management Agency for the conditional letter of map amendment. CITY shall have received notice of the FEMA approval of the conditional map amendment and shall have approved the completed work prior to the payment of any oversize participation funds under this Agreement. 6. Miscellaneous ~ a. All notices and payments shall be sent and pro- vided to the parties at the addresses and telephone numbers listed below: - 4 - . ~ Allen Swoboda 1607 Emerald Parkway College station, Texas 77845 City of College station Attn: City Manager P.O. Box 9960 college station, Texas 77840 (409) 764-3510 The parties may change addresses upon thirty (30) days' written notice sent certified mail, return receipt requested. b. This Agreement shall inure to the benefit and be binding upon the parties hereto and their respective successors or assigns, but shall not be assignable by either party without the written consent of the other party. c. In interpreting the various provisions of this . Agreement in any court of law, it is the intention of the parties to this Agreement that any court having jurisdiction shall apply the laws of the state of Texas to interpret the terms and: provisions. d. The parties, by their signatures, say they have read and understand the contents of this Agreement; that they acknowledge and agree that it contains the entire Agreement between the parties with respect to the subject matter and super- sedes any and all prior communications, agreements, or under- standings. e. Should any litigation be commenced between the -' parties to this Agreement concerning the transactions described in this Agreement, or the rights and duties of any party in rela- tion thereto, the party" or parties so prevailing in such litiga- - 5 - . () tion shall be entitled, in addition to such other relief as may be requested and granted, to a reasonable sum as and for attor- ney's fees in such litigation which shall be determined by the court in such litigation or in a separate action brouqht for that purpose. f. Neither this Agreement nor any interest therein shall be assiqned by any party hereto without the written consent of all other parties. g. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, succes- sors and assigns of the parties hereto, but nothing contained in this section shall be construed as a consent to any assignment of this Agreement by any party hereto. h. This Agreement may only be amended by a written instrument executed by each of the parties hereto. 7. The parties executing this Agreement state that they are each authorized to sign on behalf of their respective corpo- rations and that proof of authorization to sign is attached hereto as Exhibits E and F. SIGNED this the t:t~~~ r- ~ day of \----&\oJ\A,l.Cl""-~..-- , 1992. //;." '/ I ~,:: /7__-: i Af'L.n /J. ,4:-:: z?/ ~~-rf:c. ALLEN R. SWOBODA CITY OF CO~TATION BY:~ -~ / " A'J:'TEST: ." f, / ! , '" C'(:;n1~(ij(Jt:-(", Connie Hooks, City Secretary --- - 6 - . THE STATE OF TEXAS ) ) COUNTY OF BRAZOS ) (, /-If-92- Executive and Human APPROVED AS TO FORM: RnVIiAvX.l ~ . .#fv Cathy Locke, city Att ney ACKNOWLEDGEMENT Before me, the undersigned authority, on this day personally appeared Allen R. Swoboda, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considera- tion therein expressed. e Gi~n under my hand and seal of office on this the J;;Z+h day of \--, , 1992. () ~'-yv~ \-k~ Notary Public in and for The State of Texas ....~;.~-:;p.t;~..... . l~O~""''''''''~~' !. ..... ". '\ \*J., . /~.) "~:----"",,,+,,.,,,.. ....'EOf ,t:.. .........__.:,...0" CONNIE OKS Notary Public, State of Texas My Commission Expires FEB, 18, 1994 THE STATE OF TEXAS ) ) COUNTY OF BRAZOS ) ACKNOWLEDGEMENT Before me, the undersigned authority, on this day personally appeared Larry Ringer, Mayor of the city of College station, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. f1 " nC1: of office on 'this thee::::;>\:-=>":"- /~ --, .. .)~~ h~(lJ)0'1--' Notary Public in and for The state of Texas GiV~n~der my hand and seal of \ ", LY\AAQ/~, ~ S2~. ~.,.,. ~ ;./" F A\\ ALLEN 1 ,~,".. {' ""'1 public ~ />.~:- ;\ _":?~ ."~Vl~' C:'\ S 1 !.. -, (,.1 <:::Tf...:IE of l..;.XA I. \. ;;. >~~... .~~I -. ......-:,. t: ',:I:.S: 5-10.92- ~ ".:;";' ,",";I M;' Cuil:Ht;";;-,;,,,n ...xP \ --:~..."" ...! ..,....~~..,...-.........".....- . \.....,.........-....."'~----~ day , - 7 - , .."'~"-~ WST Iks Kapchin. row ~pt 7Yl C:6 L.ld- , : 455;:)72 ~ .'/'~." e,,, ,;:,~' 'I i l~ '"' , ~ ~ : .__...~ ';...._ ......"J RIGHT OF WAY EASEMENT Q~ r ,.." , ~U .I,,:i...-, ,"", ..,. II ,"" ':" I STATE OF TEXAS rt' ). fi, "~ ~:".. t ';:f C" [RI< VI....~2 .-. .'_.~ ....r. 'f!" r '" :" ,: KNOW ALL MEN BY THESE ~~~s~~~~' ':" :, '~.. :"" /" : (;.!." ..(, , , -(. l...~ j_C_ 7f . / / ... THAT, HENRY KAPCHINSKI, LOUIS KAPCHINSKI, HELEN KAPCHINSKI AND AGREEMENT COUNTY OF BRAZOS s s s MATOUS, ANNIE KAPCHINSKI FOJTIK, and CHRISTINE SECHELSKI, collectively referred to herein as GRANTOR, of the County of Brazos, the State of Texas, for and in consideration of the payment of TEN AND NOI10 ($10.00) DOLLARS, cash, in hand paid to GRANTOR by the CITY OF COLLEGE STATION, TEXAS, ,GRANTEE, the receipt of which is hereby acknowledged, and the further consideration of the Grantee foregoing any right of assessment said Grantee might have for any street paving or other improvements against adjoining lands of GRANTOR, and this Deed and Easement being given in lieu of .. condemnation by the GRANTEE; HAVE GRANTED, SOLD, AND CONVEYED, and by these presents do GRANT, SELL, AND CONVEY unto THE CITY OF COLLEGE STATION, TEXAS, CPJ\N'I'EE, a Home Rule Municipal corporation, cer~ain rights and interests in the nature of an EASEMENT AND RIGHT OF WAY on, across, and through the following described property: Being all that certain 0.23 acre tract or parcel of land lying and being situated in the Morgan Rector League, Abstract No. 46, College Station, "Brazos County,'Texas, said tract being more fully described ,in Exhibit "A"" attached hereto and made a part hereof, f.or:'.aii".:purp~ses. ' SAID EASEMENT tobe'used 'for a 'public right of way and street, and the CITY shall have the permanent right to construct, use, operate, inspect, repair,.. maintain, reconstruct, modify, and . ........ .;:" ; .... ,"";. :.' '.. t~,. . 11 " .... maintain such a street w~th~P the easement area, and further may ,... ,. 'oo . construct, operate,~'"",and maintain within the easement area electric transmission lines, distribution lines, and electric service facilities, sanitary sewer lines, connecting lines, access facilities, storm sewers, collection facilities, television, -It< WST/ks Kapchin.row control the growth of trees and other vegetation that might interfere with the operation and maintenance of any public street or utility; and it is further agreed that any 'equipment, poles and facilities placed upon the property shall remain the property of the GRANTEE, 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 themselves, heirs, administrators and assigns to warrant and forever defend, all and sin.gular, these rights and interests unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, against every peJ:'sonwhomsoever lawfully claiming, or the claim same, or any part . thereof. EXECUTED this ?J~ day of STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged of -ApR1, 1990, by Henry Kapchinski. t]u1()~ before me on this the ~ day ~..- ~_...._-- ~;\;;;;;:;;-- lARRY WELLS .:-':'$:'~~: .~~r~;~\ .. ,I. . I Fi~::.A,;i,:~ I.IV COMI.\\~ION EXf',l'lES "''''';.~..~'~ December 4,1993 ~:':i:?~:,~~"~ Nry P bIie, State o~ Itn My Commission Expires: Z ~ STATE OF TEXAS S S COUNTY OF BRAZOS S "'--11 . ~ IA-- / / /! / ,.'.. WST/ks Kapchin.row STATE OF TEXAS S S COUNTY OF BRAZOS S This instrument was acknowledged before me on this the ~day of ~~~ 1990, by Helen Kapchinski Matous. This instrument was acknowledged before of ~, 1990, by Annie Kapchinski Fojtik. "",,,~ , . '~ . I '.'''tJ "/, .., .........:.: ," '".;,." :.. ..".....r 1............i:..."';. .) ,I 'I' .., \ " ",. ~. .-:",: :.: ^ ';., ....:. : - : '" r. ~t'7 .,. : - " - ; ~.., j,.Q ~ : ~: : \~~i~.'~:~~~XAS . '. . . . . f ". t ~. -.. " ~. ' . This.instrument was acknowledged before me on this of~, 1990, by Christine Kapchinski Sechelski. If1;t(f;tJ\ ..~~ ->~~~~ l~{,,~.:z:j ~;;J';'6f"'\:.\'~ //'"111"\\ LARRY WELLS MV COMMISSION EXPIRES December 4. 1993 STATE OF TEXAS S S COUNTY OF BRAZOS S COUNTY OF BRAZO"S S S S ~$t~~f{~~~~~~~~~. 111.,,: ~r"':'~ I.Al'py -'--~, ;.'~',!," ~.""-" '. WI':LL ~:"'ot'li."\~ My CO^'~ .. , "... S '~""I'"'''''' D~ .IISSie" f:....../ t)cemb~" Res er 4. 1993 U;~ ry Publl.c, State of T~~S My Commission Expires: It-Ilt(q ~ me on this the 11- day ., .::i<~ {J4WL~_~ ~~~"~_. Notary PUblic, stcfte of Texas My Commission Expires: L/-2l(,9 'I the!Jl'1 day W~~/KS ~oytlK.row ~. rnc~ .~ '~ 4559?3 ..._,~ -~. . '- "., ~ " .- .'" ).; ";) '( ~. : :,. ~ ~ ~-,~...- ...... RIGHT OF WAY EASEMENT co nr-r I ""'j?, 7 J' ~..t.w -.4 ;"1' _.4 AND AGREEMENT STATE OF TEXAS s s s KNOW ALL MEN BY " ; "") ..., rJi'~,"''':\l../ r'II..\.~"..... .:C ~\. (r'LfRK ,;:.:;/./:;:;,~~i,r~,: ;/A '..., THES IS T5'Y".., '~a&~ ... ~?f" KAPCHINSKI FOJTIK, COUNTY OF BRAZOS THAT, CLEMENT A. FOJTIK, and wife, ANNIE GRANTOR, of the County of Brazos, the State of Texas, for and in consideration of the payment of TEN AND NOj10 ($10.00) DOLLARS, cash, in hand paid to GRANTOR by the CITY OF COLLEGE STATION, TEXAS, GRANTEE, the receipt of which is hereby acknowledged, and the further consideration of the Grantee foregoing any right of assessment said Grantee might have for any street paving or other improvements against adjoining lands of GRANTOR, and this Deed and Easement being given in lieu of condemnation by the GRANTEE; HAVE GRANTED, SOLD, AND CONVEYED, and by these presents do GRANT, SELL, AND CONVEY unto THE CITY bF COLLEGE STATION, TEXAS, GRANTEE, a' Home Rule Municipal Corporation, certain rights and , . interest~~ 'in the' n.a ture of. an EASEMENT AND RIGHT OF WAY on, across, '. . '.... and through ,t-he"foll?wing descr'ibed property: Being all that certain 0.76 acre tract or parcel of land lying and being' situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas, said tract being more fully described in "Exhibit "A" attached hereto and made a part hereof for all purposes. SAID EASEMEN~ to be u~~~ for a public right of way and street, and the CITY shall have the permanent right to construct, use, operate, inspect, repair, maintain, reconstruct, modify, and maintain such a street within the easement area, and further may construct, operate, and maintain within the easement area electric transmission lines, distribution lines, and electric service facilities, 'sanitary sewer lines, connecting lines, access facilities, storm sewers, collection facilities, television, telephone, and communications lines upon, over, and across said property as described herein, and the CITY may cut, trim, and control the growth of trees and other vegetation that might interfere with the operation and maintenance of any public street WST/ks Foytik.row or utility; and it is further agreed that any equipment, poles and facilities placed upon the property shall remain the property of the GRANTEE, 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 himself, heirs, administrators 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 the claim same, or any part thereof. Ocf. ~, 1990 ~~ CLEMENT A. FOJTIK ~>>~ ANNIE KAPCHIN I FOJTIK 12 fh EXECUTED this ~ day of +~~ STATE OF TEXAS S S COUNTY OF BRAZOS S I ~isinstrument was acknowledged before me on this the ~ day of A~.!J.,l990, by Clement A. Fojtik, and wife, Annie Kapchinski Fojtik. ' , , y" "i~'::'t"'I;;~/,),::c ..........: (' .,"'---:- .. .' I' - - '., .' . ".' .." '- '.{ ..",.. ' . ",'. t! l "~ .".:- : ~: -j \ - - ,-' ." . -<:,:"F! ., . :- :,.,r. ,-0' : ~ . ~\~;y::'~~'~:., ~ <~~~~."? . ';',. /, ". "" "- .~': "~" ;) a c " " tC ____ Texas 'f -2-'{-/y I I METES AND BOUNDS DESCRIPTION OF A 0.76 ACRE TRACT MORGAN RECTOR LEAGUE, ABSTRACT NO. 46 COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes and bounds description of all that certain 0.76 acre tract or parcel of land, lying and being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas, and being a portion out of that same called 50.00 acre tract conveyed from Victoria Kapchinski to Clement A. Fojtik, et ux, as described by deed recorded in VOLUME 246, PAGE 657 of the Deed Records of Brazos County, Texas, said 0.76 acre tract being more particularly described as follows: BEGINNING at the south' corner of said called 50.00 acre tract. 0' Said corner being also the east corner of that same 17.76 acre tract conveyed from John Ben Carrabba, Trustee, et aI, to Henry Kapchinski, et aI, as described by deed recorded in VOLUME 933, PAGE 478, of the Official Records of Brazos County, Texas. THENCE N 499 12' 38" W - 30.01 feet with the common line between said called 50.00 acre tract and said 17.76 acre tract to a point for corner. ..- " . . .. .,...'.. ":. ,," ..'.. ;'- :', ., . THENCE N 41~' 54', 47"..,~ '7,ll09:9.i"~~et, 'parallel to and 30.00 feet northwest of the southeast line ,of-said call~~" 50.00 acre tract, to a point for corner. ..; ". . .. THENCE S 480 05' 21" E - 30.00 feet to a point for corner in the southeast line of said called 50.00 acre tract. Said, po~nt being the intersection with the proposed northea's,:t ~ right~of-way line of" Ap~omat tox Drive. 'J" ....,: THENCE S 410 54~ 47~~-\110~~32 ~e~t ~ith the southeast line of said called 50.00 acre tract t,othe' PLACE' OF BEGINNING, and contai~,ing 0.76 acres of land, more or les:;. ' ,;'.', "~.~,'.;. November 1990 Municipal Development Group College Station, Texas 1+ K::r 1I/~/f(/ C#-: /flu/C/o Prepared by A. W. Ke ler Registered Professional Land Surveyor No. 1852 000457-F.09-39 (1802) VOL 12~)~rAGr826