HomeMy WebLinkAboutLegal DocumentLAWYERS TITLE CO. 409 776 2383 05-09-95 1012 Col #2
Sl ~ ~ ~° U 579 37?
FASENrRNN•r AGREEMEN~r ,..„ : ~ ~-~~.
. ; ~.,,,
~:)~ hn.Y -8 PM 4~ 16
Date: Apri128, 1995
Lip. ia`Hh
Grantor: THOMAS M. MADISON and wife, ~~~~F~i~I~~N
Bf:YA~i. 'f EXAS
Grantor's Mailing Address (including county): ®Y'-'~"c;~rus ~~
c/o Chaion Jones
BoxCR
College Station, Brazos County, Texas 77841
Grantee: SOUTHWEST YOiNTE LIMITED PARTNERSIiIP
Grantee's mailing Address:
c/o W.O. Iirisben Companies, Inc.
7800 East Kemper Road
Cincuuiati, Ohio .45249
Easement Strip: That certain O.lfi3 acre strip. of land described on Exhibit B attached
heretoand made a pail hereof forall pertinent purposes.
Temporary ^onstruction Area: That certain temporary work area not to exceed fifteen feet
(15') in width located parallel, adjacent to and either side of the boundary lines of
the Easement Strip.
Consideration: Ten dollars ($10.00) and other good and valuable consideration, the receipt
acid sufGcieney of which are hereby acknowledged..
Reservations from and Exceptions to Conveyance and Warranty:.
i/asements, rights.. of way, mineral reservations and mineral leases of record; and
other valid: instruments, presently recorded in Brazos County, 'T'exas, that effect said
property, other than encumbrances and conveyances..
GRANTOR, for the consideration and :subject to the: `reservations .from and
exceptions to .conveyance and- warranty, .grants,. sells, and .conveys. to GRANTEE, its
successors and assigns,. anon-exclusive stormwater drainage easement for the purpose of
constructing, ::maintaining, .operating, repairing, removing, replacing. and upgrading a
stormwater drainage line and associated pipe, culverts and other appurtenances (hereinafter
called the °'stormwater Liae").upon, over, under and across the .Easement :Strip, together
with the right of .ingress and egress over, along and across the Easement Strip for the
purpose of operating and maintaining (within the Easement Strip) the stormwater Line.
rLAWYERS TITLE CO. 409 776 2383 05-09-95 1013 [4] #3
During the initial construction of the. Stormwater Line only, GRANTEE shall have
the temporary right to use the Temporary Construction-Area for ingress and egress, parking
and storage of equipment and machinery, and for all .other purposes related to the
construction of .the Stormwater Line. After the initial construction of the Stormwater Line,
all rights of GRANTEE in and to the Temporary Construction area shall terminate.
Except as otherwise specifically set forth herein, G1tAN't'EE shall have no right. to
go or travel upon, over or across any lands of GRAN'T'OR except for the. Easement Strip.
Nothing contained herein shall grant or' be construed to grant to GRANTEE the right (i)
to use the:Easement Strip for any purpose .other than for the purposes set forth herein or
(ii) to change the dimensions or location. of the. Easement- Strip.
TO HAVE AND TO HOLD the above-described easement, together with. all and
singular the- rights and appurtenances thereto in anywise .belonging unto GRAN'T'EE, and
GRANI'EE's successors and .assigns .forever; .and, subject to the reservations from and
exceptions to conveyance and- warranty, GRANTOR does hereby .bind itself and its heirs,
successors and assigns to WARRANT AND FOREVER DEPEND all and singular -the
Easement Strip .unto GRANTEE,. its successor and assigns, against every .person
'whomsoever lawfully claiming or to claim.. the same, or any part thereof, by, .through. of
under GRANTOR,. but not. otherwise.
The consideration paid. to GRANTOR by. GRANTEE in connection with the
execution of this agreement. is solely for the grant of the easement and rights hereingranted
and for damages necessarily caused to the surface of GRANTOR's lands within the
Easement Strip and Temporary Construction Area in connection with the initial construction
of the Stormwater Line, and does not cover nay damages which may accrue to GIZANTOR's
other lands in connection with the initial construction of said Stormwater Line or by reason
of the operation, maintenance, repair and/or servicing of the Stormwater .Line.
CirltAN7EE agrees to comply at all times and at its sole cost with applicable federal,
state and local laws, rules, regulations and safety standards in connection with G12AN'I"EE's
activities hereunder, including, without limitation, the construction,. use, operation,
maintenance, repair and service. of the Stormwater Line.
.Upon completion of the Stormwater Line, GRANTEE shall (i) repair all damage to
roads, fences, gates and other such structures or items located on GRANTOR's lands and
restore same to substantially their prior condition to the ful! .extent reasonably practicable
and (ii) restore the surface of land covered by the Easement Strip to substantially its prior
condition xo the fullest extent reasonably practicable.
GRANTEE is not and shall not be construed as GRAN'1'OR's agent in contracting
for any. improvements to the. Easement Strip, and shall have no authority to pledge,
mortgage, hypothecate or otherwise encumber .any interest in the above or any other
property of GRANTOR, except for GRANT'!3E's easement. rights hereunder. GRANTEE
2
LA4J5~lCRC-~-~ ~ TLC CC . "®~ 7?~E X3:33 -~E ~C ~~ --~ ~ = 2 ---~ 4 ]-~~
shall. indemnify and hold harmless .GRANTOR from and` against any .and r11 mechanics',
mate- _,~ -~a ..: ..~~..._ ~s~-.. _ ~_s-_ i _~ ~~i _...a. ~.a _ ...._~ ~...z~.,:.,~...~ r~. - .ss,~
_ ~._.. ..... .. ::r. - - -- ----
arisil~g out: of any. such work.
SLuuly i~ Lcwwa uc~.ca~aiy al ituy dui ~uLa~yuv.l~ tvzvri~rl~iivr~vf ~.i,~ 3~...~iu.,atc.
Line. for GRANTEE to enter upon the Easetent Strip-for the purposes of maintai~aing,
rewiring. ~~~eratiug. serviciu¢ or reluovin~ the Stormwatcr Linc as permitted hereunder,
GRANTEE s hall, after- aa~h-.entry up8n ssidi:a~sament St ;p, lea~'e sand i~an.s SuD9~~tntLauy
at .the same level and condition t>~ar existed prior to such entry to the fullest cxtcllt
reaEOnably pr3ctacable; and i>z the. event tit~~r~y such estr;. s>zauld cause or p:od::e~-
. ...~-- ~-s~~. ... . ., emu. .~ .a.: Arta: c :~~~;~.u-+..•.- r+~.- ears r9v~r. srao~•1.CiialnTCMTJ vy~sL La~.rv.L~v c~asuw
or produce :damages. to the surface of the Easement Strip, or any other lands of
GRANTOR, GRANTEE shall promptly pay to GRANTOR, any and all damages that may
be caused by reason of any such subsequent entry.
GRANTEE .shall and hereby does agree to indemnify and hold harmless
GRANTOR,. and its respective heirs,. executors, administrators, successors and assigns from
and against all liability, damages, suits, actions,. costs and expenses of whatsoever nature
(including reasonable attorney's fees) to persons or property caused by or arising out of or
otherwise relating to the. construction, operation,. maintenance and/or service of the
Stormwater Line and/or caused by or arising out of GRAN'I"EE's (or its employees', agents'
or contractors') failure. to comply at all times with applicable federal, state and local laws,
rules, regulations and safety .standards in connection with construction, use, operation,
maintenance and/or servicing of the Stormwater Line..
GRANTOR expressly .reserves unio itself and GRANI'OR's heirs, executors,
administrators, successors and assigns, -the right to use and. enjoy the land covered by the
Easement Strip for any purposes whatsoever (including pasturage of livestock thereon),
except .insofar as said use and enjoyment unreasonably interferes -with the rights hereby
granted to GRANTEE; provided, however, in no event shall GRAN'T'OR have the right to
.place permanent buildings upon the area covered by the Easement Strip. GRANTOR
specifically reserves he right (i) to grant. additional easements or rights-or--way ,upon or
across the.. Easement Strip to such other persons or entities and for such purposes as
GRANTOR may .desire, (ii) to extend roads along the Easement Strip, (iii) to construct or
locate upon or across the Easement.Strip. fences, signs, parking facilities, pavement. and
other such items or materials (except .for permanent buildings) and (iv) subject to
.restrictions and limitations created by governmental regulation, to use the Easement Strip
for the disposal. of surface water, rain or any excess .water .collecting upon GTZANTOR's
land; provided that,,in all such cases, GRANTEE shall-not be unreasonably disturbed in the
enjoyment of the rights hereby granted to GRANTEE. G1tANTOR acknowledges and
agrees that all improvements constructed upon or across the Easement .Strip, that are
damaged or removed incident to repair, maintenance, reconstruction or other use of the
Easement Strip, shall be repaired, replaced or reconstructed at the expense of GRANTOR
or GRANT'OR'S successors or assigns.
3
LA4~YERS TITLE CO .
_____
409 776 2383 05-09-95 1015 C47 #5
Ali persons entering upon the Easement Strip under this grant shall confine
themselves to the operations and purposes contemplated herein, and no trespassing or other
uses shall be permitted by GRANTEE, its employees, agents or contractors..
.Any .notice provided or permitted to be given in thin agreement must: be in writing
and may be given by depositing the notice in the United States mail, postage prepaid,
certified with return receipt requested, and addressed to .the party to be .notified at the
..address set forth below, or at the last address for notice which the sending party has for the
party to be notified at the time the notice is sent. Notice deposited in the mail in the
foregoing manner. shall be deemed received. five (5) days .after it is so deposited.. Notice
given in any other manner shall be effective. only if and when actually received by the party
to be notified. For purposes of notice, the addresses of the parties shall be as set forth on
the first page of this instrument. Either party, by notifying the other party hereto in the
manner provided in this paragraph, may designate a different address for receipt of
subsequent notices.
GRANTOR acknowledges that, upon GRANTEE'S completion of construction of
the Stormwater Line, said Line will be integrated into the stormwater drainage system of
the City of College .Station, Texas; and .this Agreement shall be binding upon and inure to
the benefit of GRANTOR and the City of College Station, Texas.
THOMAS M. ION ~-
-HENRY ETTA MADISON
THE STATE OF TEXAS ~
...COUNTY OF TRAVIS ~
This instrument was. acknowledged before me on this the ?~ day of April, 1995, by
Thomas M. Madison and wife, Henry Etta Madison.
.,-_.~.~. o Public, St e~ exas
r ~~,P: ~r ti JOHN SANTA CRUZ
' a ~-~y~c~ Notury PuDIIC, S:a:a of Teza9
J \'~~~ ~ µy Commis:lon F.~c7~~ae r
~',;~ ,~;~ GEC. 13, 1997
~~
4
LAWYERS TITLE CO. 409,776 2383 05-09-95 10 15 [4] #6
nnnnwvar~ Tyr "irr~ wz-r~R RECORDING RETURN TO TH.B LAW OFFI~E_OF:
.~ ~ ~ ...
BRUCHEZ, CUSS, THORNTON, MERONOFF, MICHEL & HAW'I'HORNE, P.C.
3131 Briarcrest Drive, Suite 200
Bryan, Texas 77802
File Number: 95-1051:WST/aaw
.LAWYERS TITLE CO. 409 776 2383 05-09-95 1016
C4] #7
ME1TS AlYD BOUNDS DESCRIPTION.
OF A
0.163 A-C1ZE .TRACT.
(A 20' ti'VIDE DRAII~iGU~ ASST N0.46
MORGAN RECTOR LEA
COLLEGE STATION, BRAZOS COUNTY, TEXAS
( EXIT S )
Mates and bo~mds description of all tloat re=tain 0.163 acre tract or parcel of land, ..lying .and
being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County,.
Tom, and being a portion out of that same 9.14 arse .tract conveyed.from Ernest Jones Jr., to .
Th®mas Madison, et ux, as described by deed recorded in VOLUN~ 1005, PAGE. 625, of .the
Ofiiciai Records. of Srszos County, ~exas,.said 0,163. acre tract being more pazricularly described
as follo~-s=
~n~F Ci1~I at a 112" uon rod found marking the west corner of said 9.14 -acre tract,
and lying in the southwest line of that same 19.33 acre tract conveyed $om CSL, Texas, Inc. to
.Southwest Pointe Limutcd Partnership, as described by deed recorded in VOLUME 2254, P~.GE
123, of said Official Records. Said comerbeing also the terminus of the northeast right-of-way Iine
of the propc~scd extension of C,catrdl Park Lase as depicted by the. groposed final plat of said 19.33
acre tract, entitled "Windsor Pointe".
S 45°05'14" E - 412.63 feet, with rho southwest lino of said 9.14 acre track and
the northeast line of that same 5.14 acxe tract conveyed from Ernest Jones, Jr. to Linda Joy Ish>naitsu,
Trustee of the 1994 Stephen Anthony Maths®a Insurance Trust, as described by deed recorded in
VOLU1ViE 2270, FACIE 330 of said Official Records, and the northeast right-of-tivay line of the
proposed forme extension of Central Park Lane, to a point for comer. Said point being rho PLC
QF BEGINNIrLO .
1~N 45°05'14" E - 20.00 feet across said 9.14 acre tract to a point for corner.
S 45°05'14" E - 35459 feet acxoss said 9.14 acre tact', to a point for comer in the
northwest right-0f-way line of Kreaek Tap Road.
S 45°05'14" W - 20.00 feet with said northwestright-0f--.way line to a 1~2" iron
rod found for corner, and being the west corner of that same 1.00 acre tract conveyed from the
g~~ 17eposit j~,,ctaance Corporation to Douglas Stovall as described by deed recorded in
VOLUME. I45b, PAGE I73, of said Official Records.
~~N 45°05'14" ~ - 208.70 feat with the common line between said 9.14 ante tract
- and said. 1.00 aac .tract to a 1R" iron fotusd, for the. east corner of Lot 1. Phoenix Addition, es
dcjricted by plat ceoorded is VOLUME 858, PAGE 735 Of said Official Records- Said Lot 1 being
tbat same 3.00. acre tract con~reyed from J.W. Wood to Beautiful Savior Lutheran Church of College -
LA~JYERS TITLE CO. 409 776 2383 05-09-95 10 16 [47 #8
Stasion as described by deedrecorded-in VOLUME 682, PAGE 775 of said Official Records.
N 45°05'14" W • 125.89 feetwith-the common lint between said 9.14 acre tract
and said Phoenix Addition to a 1R" iron and found for he nortiz comer of said Phoenix Addition,
the cast corner of said 5.14 acre tract and lying oa thenortheastright. of-may line of the proposed
frt~e .extension of Central Park Lane.
~T~, N 45°05'14" W -20.00 feet with the common line between said 9.14 acre tract
and said S.1.4 acre traret to tho ;eLACE OF BEGINNING. and containing 0.163 acres of land.
MARCH 1995
Municipal Development Group.
College Station, Texas
Prepared by:
A. W. Kessler
. Registered Professional Land Surveyor
No. 1852
P~GSOF~~ ~
a w. tcESSLER
9 1852 ~~~r ~
9~"~+~6.~rO,r O
_ a s~lR ``~
000351-F.03-09 (?St0)
A~F2 i$ '~'a @5; 13Pt`t SRISBEN
t
Y~ ~bsio's Joe. Afto~erY ~' ~'a
~adsaoe sad tho L~9+1 ~ephus Mt
trsessat. ~ ~natare be1a~~ that I
tq~ordatLon ~avp t~? ~~ mot gip,
stp~-~ed ~hibit "A'e~~ s 19.E
~Nlndsor Y`oluts Aps Grsntee~.
Limier P'+~s~"~ ~
'j~lp drrlASgM ~a~vQh wlil ba @~+
GoU~ ~ttatlo a ra~-e~d a~
~onv~r oll s~
by tbo t~rsuntee *1td a~aptaaae ~'
`t'its P~°11f of ~ !Koltee ai Ia+
tatermtatl ~ ~t a gtdotla~
tbs Grvstae fbr:bo p~ue vi
i~eeatu~ to ~trtplete lltls tsa
!.'bs~ by t1ls ~~* Attvr~dY des e
C3xaa~o~•
'!`lee ~~ottoe, by- •l~aw~ bar
~~~-~.~ eLii1lf~Rt~ Lt~ve b~ 1P'~
Attot'~tey and tti®tt trio ~irmtas ~wi
~e~sa'c+~ of #i~s de~s~ln~~ ~
~onvt,
~ov7~~T rangy ~
Q~ 1~'z'~~T 'iY?
t~'.Lt~E, EAST~V1~l~
P. 2f4
dva~ Jx•, 'Yhomw~ Imo. Madlsou, Geary 1~Ets
~q* Mad~ron It~nrsn~ ~ ~~ sod
~ ~tl+er~d pnp
w#de drsin-v~,p,asomea#a' as deserlbed M ttee
a o! pra~*ldin~:lrafnsge~ !or ~e gxvposod
ae~ trsot o~ taad owna~ by $tieatb~•e~ p~4sw
tred•iII s ~t sitorr~ tplta Grsa~ eta for
in a ~~
^!as=s es,mmenlo to tlsf Ci~Y epos eomptodoa
e City a! #~ ~ '~~.
a G~ I~;alatoBa $sa! it ba adv~e ~
m $rsiaRse e+~ ~ ~~ ~ forts tam ~-d
tin ors bit Pd• ~ ap~°"'t of the
eel be oit~ettls~ ~o~ dpasturo bg ~
r~ta~ d+.t a~uah ogreaea~:t ~ p~
~ ~ ~ the 4'`~ai0ls ~` dlilY
~sBA~et' by mparabe ~~psrdri-! ~~~ ~
to the - ~ ~o~t '13a~a spas aotap~n
~ 6ay the Gl+~-
r~ ~waz~
t+h ft~e~n11 prYtotr
pate: ~~~ ~ ~~.~
0.4/18/95 16:11 TX/RX N0.0597 P.002
APR 18 "~ 0~~ 13PM Bf'~ISBEtV
Y1~ ~~.4r1..~tiJ~ 1
a~~~~®®s __ r
NOW OR Ftii~
f '
Uh(DA J4Y tSiilMiT~
VCL1.thtE 227G. i
i
1
' I
~'
~I
l
S/65'05''t 4" W
~~
i
LC~~' 9
i ~HC3Eh~1X ADQIT~O~I
A
~~ 177.97 i'T
~~
TRUSTEE
~ 330
~$ i~
04/18/95. i6:11
P. 3/4
.~--
O.t 99~-C.
0.163 AC
1
i
t { ~yrt
I . SCALE: 7w $C {LRV~
~~
0. ~~~
i.,
a ~ ~~
w
~+ ~ ~ ~ ' A za~ wsbi±
~ i ~ o~_u g~ ~M*
W
~ NOw QR FORM£Rt-Ys
~ , TH~~ wwoisoN..t ~
! , ; YO(.U1AE t4C~5. i°AC38 b25
it I __...~r.._.,,
~_
~ 2.0.00'
. ~
A 20` wi1AE
;, ' ' ~ O~ p.'i 1~3 ABC ~
~ ~
~_ ~ ~ ~ ~
~ ~~
~i
;~~
r ~- s
,~~
. ~~
~~
~ ~ }
i
' i
_„_.. J
T ~RAWfN~
~$'f P{}IN7°E 1.fMITED pARTN1:R5Hi?
i.1dPRt~-. '185
TX/RX NQ.059'7 P.003
eLAWYERS TITLE CO.
409 776 2383 05-09-95 10 17 [47 #9
5~937~
~.~.
~~-SEMENT AGIzEEMFNT a5 MA's -?1 PN 4~ 16
bete; April 28, 1995 $rAZDS RYkN TEXASTHJUSE
BY~.
Grantor LINDA JOY ISIiQMIT'SU, .TRUSTEE of the 1994 S'I~$N
AN1~-IONY MADISON INSURANCBTKLIST and ERNESTJONES,
JR., a single man
Grantor's Mailing Address (including county):
c/o Chalon Jones
BoxCR
College Station, Brazos County, 'Y'exas 77841
Grantee: SOiJTHWEST POll~1TE LIMITED PARTNERSHII'
Grantee's malling Address:
c/o W.O. Brisben Companies, Inca
7800 East Kemper Road
Cincinnati, Ohio 45249.
Easement Strip: That certain 0.199 acre strip of land described on Exhi ' A attached
hereto and made. a part hereof for. all pertinent purposes.
Temporary Construction Area: That certain temporary work area not to exceed- fifteen feet
(15') in width located parallel, adjacent to and either side of the boundary lines of
the Easement Strip.
Consideration: Ten dollars (10.00) and other good and valuable consideration, the receipt
and sufficienry of which are .hereby acknuwlcdgecl.
Reservations from and Exceptions to Conveyance and Warranty:
Easements, rights of way, mineral reservations and mineral leases of record; and
other valid instruments, presently recorded in Braves County, Texas, that effect said
property, other .than encumbrances and conveyances.
GRAIV'1'UIZ, for the consideration and subject to the reservations froffi and
exceptions to conveyance and warranty, grants, sells, and conveys to GRANTEE, its
successors and assigns, anon-exclusive stormwater drainage easement for the purpose of
constructing, maintaining, operating, repairing, removing, replacing and upgrading a
stormwater drainage line and associated pipe, culverts and other appurtenances (hereinafter
called the "Stormwater Line") upon, over, under and across the Easement Strip, together
'LAWYERS TITLE CO. 409 776 2383 05-09-95 10 17 [47 #10
with the right of ingress and egress over, along and across the Easement Strip for the
purpose of operating and maintaining (within the Easement Strip) the Stormwater Line.
During the initial construction of the Stormwater Line only, GP;ANI~E shall have
the temporary right to use the Temporary Construction Area for ingress and egress, parking
and storage of equipment and machinery, and for all other purposes related to the
construction of the Stormwater Line. After the initial construetion of the Stormwater Line,
all rights. of GRANTEE in and to the Temporary Construction area shall terminate.
Except as otherwise specifically set forth herein, GRAN'I~E shall have no right to
go or travel upon, over or across any lands of GRANTOR except for the Easement Strip.
Nothing contained herein shall grant or be construed to grant to GRANTEE the right (i)
to use the Easement Strip .for any purpose other than for the purposes set forth herein or
(ii) to change the dimensions or location of the Easement Strip.
TO HAVE AND TO HOLD the above-described .easement, .together with all and
singulaz the rights and appurtenances thereto in anywise belonging unto GRANTEE, and
GRANTEE'S successors and assigns forever; aad, subject to the reservations from and
exceptions to conveyance and warranty, GRAIVI'OR does hereby bind itself and its heirs,
successors and assigns to WARRANT -AND FOREVER DEFEND all and singular the
Easement Strip unto GRANDE, its successor and assigns, against every person
whomsoever lawfully claiming or to claim the same, or any part thereof, by, through of
under GRANTOR, but not otherwise.
The consideration paid to GRANTOR by GF:ANTEE in connection with the
execution of this agreement is solely for the grant of the easement and rights herein granted
and for damages necessarily caused to the surface of GRANI'OR's lands within the
Easement Strip and Temporary Construction Area in connection with the initial construction
of the Stormwater Line, and does not cover any damages which may accrue to GRANTOR'S
other lands in connection with the initial construction of said Stormwater Tine or by reason
of the operation, maintenance, repair and/or servicing of the Stormwater Line.
GRAN'T'EE agrees to comply at all times and at its sole cost with applicable federal,
state and local laws, rules, regulations and safety standards in connection with GT:ANTEE's
activities hereunder, including, without limitation, the construction, use, operation,
maintenance, repair and service of the Stormwater Line.
Upon completion of the Stormwater Line, GRANTEE shall (i) repair all damage to
roads, fences, gates aad other such structures or items located on GR.ANI'OR's lands and
restore same to substantially their prior condition to the full extent reasonably practicable
and (ii) restore the surface of land covered by the Easement Strip to substantially its prior
condition to the fullest extent reasonably practicable.
GRANTEE is not and shall. not be construed as GRANrOR's agent in contracting
2
pLAWYERS TITLE CO. 409 776 2383 05-09-95 10 18 [4] #11
for any improvements to the Easement Strip, and shall have no authority to pledge,
mortgage, hypothecate or otherwise encumber any interest in the above or any other
property of GRAN'T'OR, except for GRAN"I'EE's easement rights hereunder. GRAIVT'EE
shall indemnify and hold harmless GRANTOR from and against any and all mechanics',
materialmen's or other liens or claims (and all costs and expenses associated therewith)
arising out of any such work.
Should it become necessary at any time subsequent to completion of the Stormwater
Line for GRANTEE to enter upon the Easement Strip for the purposes of maintaining,
repairing, operating, servicing or removing the Stormwater Line as permitted hereunder,
GRANTEE shall, after each entry upon said Easement Strip, leave said land substantially
at the same level and condition that existed prior to such entry to the fullest extent
reasonably practicable; and in the event that any such entry should cause or produce
damage to fences, gates, or other improvements that may be situated on said land, or cause
or produce damages to the surface of the Easement Strip, or any other lands of
GRANTOR, GRAN"I'I/>/ shall promptly pay to GRANTOR, any and all damages that may
be caused by reason of any such subsequent entry.
GRANTEE shall and hereby .does agree to indemnify and hold harmless
GRANTOR, and its respective heirs, executors, administrators, successors and assigns from
and against ail liability, damages, suits, actions, costs and expenses of whatsoever nature
(including reasonable attorney's fees) to persons or property caused by or arising out of or
otherwise relating to the construction, operation, maintenance and/or service of the
Stormwater Line and/or caused by or arising out of GRI~NTEE's (or its employees', agents'
or contractors') failure to comply at all times with applicable federal, state and local laws,
rules, regulations and safety standards in connection with construction, use, operation,
maintenance and/or servicing of the Stormwater Line.
GRAN'T'OR expressly reserves unto itself and GRANI'OR's heirs, executors,
administrators, successors and assigns, the right to use and enjoy the land covered by the
Easement Strip for any purposes whatsoever (including pasturage of livestock thereon),
except insofar as said. use and enjoyment unreasonably interferes with the rights hereby
granted to GRANTEE; provided, howevLr, in no event shall Gr~NTOR have the right to
place permanent buildings upon the .area covered by the Easement Strip. GKAN'T OR
specifically reserves the right (i) to grant additional easements or rights-or-way upon or
across the Easement Strip to such other persons or entities and for such purposes as
GTZANTOR may desire, (ii) to extend roads along the Easement Strip, (iii) to construct or
locate upon or across the Easement Strip fences, signs, parking facilities, pavement and
other such items or materials (except for permanent buildings) and (iv) subject to
restrictions and limitations created by governmental regulation, to use the Easement Strip
for the disposal of surface. water, rain or any excess- water collecting upon GRANTOR'S
land; provided that, in all such cases, GTZANTEE shall not be unreasonably disturbed in the
enjoyment of the rights >hereby granted to GRANDE. GRANTOR acknowledges and
agrees that all improvements constructed upon or across the Easement Strip, that are
damaged or removed .incident to repair, maintenance, reconstruction or other use of the
3
LAWYERS TITLE CO. 409 776 2383 05-09-95 10 19 [4] #12
Easement Strip, shall be repaired, replaced or reconstructed at the expense of GRANTOT~
or GRANTOR'S successors or assigns.
All persons entering upon the Easement Strip under this grant shall confine
themselves to the operations aad purposes eontemplated herein, and no trespassing or other
uses shall be permitted by GRANTEE, its employees, agents or contractors.
Any notice provided or permitted to be given in this agreement must be in writing
and may be given by depositing the notice in the United States mail, postage prepaid,
certified with return receipt requested, and addressed to the party to be notified at the
address set forth below, or at the last address for notice which the sending party has for the
party to be notified at the time the notice is sent. Notice deposited in the mail in the
foregoing manner shall be deemed received five (5) days after it is so deposited. Notice
given in any other manner shall be effective only if and when actually received by the party
to be notified. For purposes of notice, the addresses of the parties shall be as set forth on
the first page of this instrument. Either party, by notifying the other party hereto in the
manner provided in this paragraph, may designate a different address for receipt of
subsequent notices.
GRANTOR acknowledges that, upon GRANTEE'S completion. of construction of
the Stormwater Line, said Line will be integrated into the stormwater drainage system of
the City of College Station, Texas; and this Agreement shall be binding upon and inure to
the benefit of GRAN'T'OR and the City of College Station, Texas.
THE 1994 STEPHEN ANTHONY
MADISON INSURANCE TRUST
THl3 STATE OF WASHINGTON ~
COUNTY OF KING ~
Linda Joy Ishi tsu, Trustee
~ -~.~~ yl~L.a.
ERNEST JU ES, JR. _
This instrument was aclmowledged before me on this the ~~-day of April, 1995, by
Linda Joy Ishimitsu, Trustee of the 1994 Stephen Anthony Madison Insurance Trust, on
behalf of the Trust. ~~
,~~LLE y ~ +
i `O dA~~
^tl
"~~`"
i ~3-s,, i~°UBUG
•~~~~yk ~ li ~¢ ~~
's~~°~ wasH`~~
~~c.~~('~~f~ -~ . f~
Notary Public, State of Washington
4
°LAWYERS TITLE CO. 409 776 2383 05-09°95 10 20 [4] #13
TfiE STATE OF WASHINGTON
COITN'TY OF KING
This instrument was acknowledged before me on this- the ~'~' day of April, 1995, by
Ernest Jones, Jr. ~.~``"~`~~~
ti~LE y ~~
~ r N~ ARy i Notary Public, State of Washington
r ~-~~, ~AtJB~~~ Z
iii-y~`~,,~?,.ja "9 ~~~
0
~~',,~ W,SN~~
liKUC:HE"L, GOSS, THORNTON,
3131 Briazcrest Drive, Suite 200
Bryan, Teacas 77802
File Number: 95-1051:WST/aaw
1VIICHEL & HAWTHORNE, P.C.
S
LAWYERS TITLE CO. 409 776 2383 05-09-95 10 20 [4] #14
<.
'~,
.~
~.
;X•
~.
~,
.m ~ Certifrcate forlndividualAcknowledgetnent
State o£ Washin n )
c h ) es
County of ~,_,. )
-rY
On th13 ~ ~ day of l~'1 }~' T 199 -~, before me, a Notary
Public in and. for the State of Washington, duly commissioned and sworn,
pez-sonally appeared L, ~ r+ ~! 4 .T~~1 Ts ~, , ~ ,Tstb me known
Nnme of Persun
or proven on the basis of satisfactory evidence to be the individual. who
eae~cuted the within and foregoing document, and acknowledged the said '
i~~strument to be h ~' free and voluntary. act and deed, for the uses and
purposes therein mentioned.
GNEN UNDER my hand and official seal hereto a fixed the day and
year in this certificate above written.
~/
c~~ ~. l
Notary Public in and for the i
State of Washington, residing at
~~
My appointment expires:
• ~ .~ -
~~
°LRWYERS TITLE CO. 409 776 2383 05-09-95 10 21 [4] #15
MEZ-~s Arm BourIDS DESC~uPTioN
OF A
0.199 ACRE TRACT
(A 20' WIDE DRAINAGE FA.SE:lY1ENI)
MORGAN RIECTOIZ LEAGtT~, ABSTRACT rt0.46
COLLEGE STATYON, BRAZOS COUNTY, TEIKAS
~ F~IIStT A }
Metes and bounds description of all that artaia 0.199 acre tract or parcel of land, lying and
being sitezatcd in the Morgan Rector I.eagtte, Abstract No. 46, College Station, Brazos County,
Teacas, and being a portioa of out of that same 5.14 acre tract conveyed from Finest Tones, Jr., to
Linda Joy Ishimtsu, Trustee of the 1994 Stephen Anthony Madison Inszuaace Trust; as described
by deed tExordtd is VOLUME 2270, PAGE 330, ofthe Official Records of Brazos County, Texas,
said 0.199 acre tract being mare particularly dcscnbed as follows:
~]~ ~= as a 12" iron rod foTmd marking the north comer of said 5,14 acre tract, and
lying in tlna southeast line ofthat same 1933 acre tract conveyed from CSL Texas, Inc. ro Southwest
Pointe Limit:cd. Partnership, as dcscnbed by aced recorded in VOLUME 2254, PAGE 123 of said
Official F:ecerds. Said coiner being also the terminus of the northeast right-of-way line of the
proposed extension of Central Park Lana as depicted by the proposed final plat of said 19.33 acre
tract, cntf~lcd "Windsor Pointe".
~.~T~ S 45°OS' I4" E - 432.63 feet, with the northeast line of said 5.14 acre tract and the
northeastright-of--way line of the proposed future extrasioa of Central Pazk Lane, to a 1/2" iron rod
forma mazlangthe east corner of said 5.1.4 acre tract end the north eam.eref th4 Phoasix Addition,
as depicted in VOLUME 858, PAGE 735 of said Official Records..
~~C~ S 45°05'14" W • 20.00 feet with the southeast line of said 5.14 acre tract and the
northwest line of said Phoenix Addition tract to a point for corner.
~ N 45°05'14" 'Rl - 432.59 feet across said 5.14 acre tract to a point for corner is
the southeast line of the said 1933 acre h~ct ~ _
~~1LCE.N 44°58'47" E - 20.00 feet with the common line between said 19.33 acre tray
and said 5.14 acre uaet to the p~r•we`F oB BEGINNIhTG. and containing 0.199 acres of land.
MARCH i 995
Municipal Dcvdopmeat Group
CoItege Station, Texas
Prepaz~d by-
A. w. Ktssler
Registered Professional Land Surveyor
No. 1852
oooss~~.os-09 ~saol