HomeMy WebLinkAboutLegal Document912/11/95 10:0 $21~ X69 X130 FIRST WORTHING __ ._ -_ __ 0002/009
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S~ $EWfiR EASEMENT "~~; s~Ai~ .
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STATL- tJF TEXAS ~ _ . „~
~ KNOW ALL MEN BY THESE~P~ENTS:' i ~
C~OLTN1'Y OF BRAZOS ¢ ,,, ,
~~iE.REAS, DBUCOX PE11tOLEUM, INC., a Texas corporation YGrar':rot^10)~ia•ilie"'
owner of that certain strip of land Located in Brazos County, Texas morn parfici3i~tlp de~cfi..
by metes and bounds on ~ attached hereto and hereby made a part hereof and depicted
on the drawing attached hereto as ~ attached hereto and 'hereby made a part hereof
(such strip of land being herelnaitet referred to as the °Easement Area°); and
~NHEE,REAS, ARSQRS OF WOLF. PEN CRF.F,K PARTNERS, a Texas gcnerdl
partnership {"Grantee") is the owner of that certain tract of land located. adjacent to the
Easement Area more pat4culariy described on ~xhi,_,bit C attached hereto and. hereby made a
part hereof ('Grantee's Parcel"), and
WHEREAS, Grantor, for the consideration herein stated, has agreed to ®rant to
Grantee, for the benefit of Grantee's Parcel, an easement and right-of-way for the pu~u~pose or
purposes herein orated.
NGW, THEREFORE, Grantor, .for and in consideration of the sum bf Tea and
Noll00th Dollars ($1Q.QQ) and other good and valuable consideration, all. cash in hand paid by
Grange, .the receipt and sufficiency of such consideration being hereby confessed and
aclcnowIedged, and the mutual promises and covenants hereinafter contained, has GRANTED,
SOLD, and CONVEYED and by these prese~tts does GRAD, SF.I.i,, and CONVEY unto
.Grantee,. its successors and .assigns, art exd>ssivt easement and right af--way (the "Frasement"}
for the purpose or purposes hereinafter specifically stared, on, in and under the F~sement
Area.
.The purposes for which the Fagement is granted .hereunder are solely for the
construction,: maintenance, operation, repair, replacement, changing the size of, and removal
of storm sewer lines, pipes, and appurtenances {the 'Facilities') and each of such purposes and
for no other purposes,
Subject to the terms and wndiaons hereof, during and after the completion of the
construction of the. Facilities, Grantee, its successors. and assigns .shall have all the rights,
privileges and benefits eeccssaryr or appropriag for the full enjoyment and use of the FaSCmont
Area for the purposes herein specified, including, without limitation,. the free right of ingress
and egress to and from the F.~sement Art$. Grantor expressly reserves unto itself, its
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which do not interfere unreasonably with rho use of the Easement Area by Grantee for the
herein specif~d purposes and. further reserves unto itself, its successors and assigns, the right
to construct and maintain a parking lot on the Easement Area (the 'ParlQr,g Lot'} and the right
to park motor vehicles upon the Farldng Lot.
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12/11/95 10:04 $214 369 4130 FIRST WORTHING 0003/009
~~ YL~. v0 7J iV -G1 Ill.l • VVl !' UJ
The Casemctat is subject. to all Liens, er~cumbranccs, easements, restrictions, covenants,
conditions, leases:, mineral and royalty reservations, of record, if aay, affecting the Easement
Area. In addition, the Easement is subject to the following terms, agreements, reservations,
renditions and limitations:
(I) Granter shall not have any rights whatsoever with res
pact to any.
premises of Grantor outside the boundaries of the Easement Area.
(2) Grantor reserves alI oil, gas .and other minerals in, on and under the
Easement Area, but Grantor shall nor drill. or operate for minerals an the surface of the
F~sement Area. Howe+-er, Grantor will be permitted to extract the oil, gas and other
minenis from and under the l=asement Area by directional drilling and other means,
(3) Grantor reserves for Grantor and Grantor's heirs, successors and assigns
the unlimited right and privilege at any. time and from time to time to construct, place,
Lay, maintain, inspect, Protect, operate, rdpair, alter, change the-size of, substitute;
replace and.. remove the parking Lot on, over and across the Easement Arrd..
{4) Grantee shall construct and maintain the Facilities in such a manner and
using such standards as will enable Grantor to utilize the surface of the Easement Area
for vehicular parking.
(5) Upon the completion of the initial installadvn or subsequent repairs of
the Facilities, Grantee shall restore the surface of the Easement Area to standard grade.
(b) In the event that, subsequent to the initial installation of the Facilities,
Grantee's use of the Easement Area for. the purposes herein stated disturbs the existing
..condition of the surface of the Parking Lot, Grantee shall restore the surface of the
Parking Lot to substantially the same condition in which it existed prior to such use.
('!) The consideration given to Grantor for this giant of easement and right-
of-way includes .payment for all: damages and injuries to aay property. and
improvements of .Grantor nova Located (but excluding .those hereafter located as herein
permitted) within the boundaries of the Easement Area..
TO HAVE AND TO HOLD the Easement for the purposes herein set forth, unto
Grantee, its successors and assigns, forever; and Gisntor hereby binds Grarltor and Grantor's
successors and assigns, to warrant and forever defend adl and singular the .Easement unto
Grantee, its successors aad assigns, against every person whomsoever law~Ily claiming or to
claim the same or any part thereof.
All rights, privileges and obligations created by this instrument shall inure to .the
benefit of and be binding upon the successors and assigns of the parties hereto. No sate or~
subdivision of. the Easement Area or the. land adjoining. the Easement Area shall increase or
change the rights and obligations of Grantee hereunder, and arty subsequent owner or owners
of said lands sha11 be substituted for and in place of Grantor herein.
''~`f.2.
FW~1P53E.DOC {~~: ~~ 1 1 °i ~~
'12!11/95 10:05 $21~ 369 X130 FIRST WORTHING ~ 00/009
Grantee's aceCptanca of delivery of Phis instrument shall evidence Grantee's agreemtn~
to all Qf tha terms and provisions of this instrument.
EXECU'!'ED to be effective as of the r?_(,-~ day of f:C ~ _, 1995.
GRANTOR:
DRUCOX PETROLEUM, INC.,
a Texas corporation
8y: ,•,I
• Michael Shuman,
Yice President
5TATE OF ~LL11Vd l ~ § •
:COUNTY OF ~_
This instrument was aeksaowiedged before me on ~C~•`2.1~ 1995, b
Michael Shuman, Vice President of DRUC4X PETROLEUI~Z, INC., a Texas corporation, an
beh •
~3 ALQF~ICIAI. SEAL ;~
• •~ ~ i
LYNETTE A H1LL ~ ,
worw~r n~e~ic, et~tE of uti~ais Notary Public, State of Tomas -*1LJ Nils
etrrAQt~fe~~~~~ o5~osise
GYw~~ ~ . ~r~I
~ `~ ~ ~ Primed Name of Notary
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°12/11/95 10:05 $21~ 369 X130 FIRST FYORTHING _ ~~ r~ -., dd ~,., ~ f~j005/009
. ~ DL5[~t7PPI0N OF FA41'~ A~RF,A
Field Notes
0.11 Acres
Being s drainage easement and being siNated in the Morgan Rector League, A-46,
College Station, Brazos Cauaty, ?exas'and being a`par< of ~~ 13;45 acre tract of land
conveyed. to S.1~V. Equity Co. by James E, 7ett, lrcorded in Volume 1128, Page 713, all
Official Records of Brazos County, ?exas and being more particularly described as
follours:
Commencing at a 1I2" Iron Rod. found at the: ruosC southeast corner of the 7.C. Noonan,
Trustee .8.00 Acre tract {9491729), same being the most southerly corner of the .0,48 acre
tract auc of thv S.tiV. Equity Co. 13.45 Acre Tract (11281713} and also in the
northwesterly R.O.W, line of HoIleraar~ Drive;
THENCE: N 49°33'44" W -.463.66' along the common line of Baia 8.00 tract and a~ud
0.45 acre tract to a 112" hoe Rota found for the PLACE OF BEGINNING; wine being the
most northerly comrnort corner of said 8.00 acre. Tract, said .4$ acre pact, said 13.45 acre
tract, and the Lacaur Investments 12.18 Acro Tact (398!768);
THENCE: N 49°33'44" W - 240.00' along the Gammon line of said Iacoor Investments
tract and said 13.45 acm Tract to a 112" Iron Rod set at the westerly corner oP this
elsement;
THENCE: N 42°09'43" E - 20.00' across said 13,43 Acre Tracrty a FlZ° Iron Rod set
at the most northerly corner of this ezsement;
THENCE: S 49°33'x4" E - 2x0.00' across said 13.45 acre tract to a ll2" Iron Rod set at
chc roost easterly comer of this ezsement, same being In thecomtaorj property line of said
13.45 acre tract and said 0.48 acre [tact;
7HENCE: S 42°09'43° yv - 20.00' along the common line between said 13.45 acre tract
and said 0.48 acrd tract to the PLACE OF BEG]NNIlvG; and containing 4,800 square
feet, or 0. I 1 acre of land rriore or loss.
roe. ~~T7rac~ i8
• °12/11/95. 10:06 $214 369 4130 .___ FIRST F~'ORTHING ~~ _.. _~ _ , • 0006/009
• v DRAiiII~G_ OF FAS~'~1YP AREA
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I, Donald D. Garrett, Registered PraFmssional Lard Surveyor, No. 2972 do hereby ccr~.'•:
that the above plate is Live anal earreet artd.agraes Frith a survey atade on -y~ 2r1-~-_
~y snpervisaor+ on October d, 1995.
• P12/il/95 10:06 $214 369 4130 FIRST WORTHING X007/009
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DFSCRIP'fION ~F GRANTEE'S PARCFr
Reid notes of an 8.2i acre tract or parcel of land lying. and being situated is the M~RGAN
]SECTOR LEt+~GUE, ~•S6, College Station, Blazon County, Texas. Said 8.21 acre tract being
a portion of that certain 8.00 acre tract conveyed to ~.C. Noonan, Ttvstee by .Andrew D.
Difiore, Trustee, by Deed recorded in Volume 949, Page. 729, Official Records of Brazos
County,. Texas and also being a portion of the S.w. Equity 13.5 acre pact as described in
volume 1128, Page ?i3 ahd volume 1137, Page 574, Official .Records of Brazos County,
Texas and being described as follows:
COMMEi~TCING; at a 112" diameter iron rod found marlang the most southerly corner of the
aforementioned 8.00 acre tract; same iron rod also marking the southeast corner of the Don R.
Dale 6.03 acre tract (275/113} and lying on the northwest line of Lot ? of Pooh's Park
Suhdivision 1314/618);
THENCE: N b1 ° 31' 31" E along the aforesaid northwest line of Lat 7 of Pooh's Park
Suhdivision for a~ distance of 35.00 feet to a 112" diameter iron rod marking the PLACE OF
BEGINNING;
THENCE: N 47° 33' 18" W along a line • 35.00 feet off of and running parallel with the
common line between the aforementioned Don R. bale b.03 acre tract and the southwest line
of same 8.f}O acre tract for a distance of 348.92 fit to a 11?' iron rod for corner; said iron
rod also lying on thc'common line between the Latour Investments' 12.18 acre tract (398!768)
and the northwest line of said $.00 acre tract;
THENCE: N 42° 04' 43' E along same common line between said Latour Investments' 12.18
acre tract and the northwest line of same 8.00 acre tract at a distance of 817.65 feet pasta 1/2"
diameter iron rod .found marking the most northerly. corner. of .same .5.00 acre ~M and
continuung 45.02 feet. for a totak distance of 8ti2.b7 feet to a 112" iron rod set for corner; said
iron rode also marking the .most northerly corner of the 8.21 acre tract;
TRENCH: S 49° 33' 44' E along a line 45.00 feet off of and running .parallel whit the
common line between the aforementioned S.W, Equity 13.5 acre tract and the northwest line
of same 8.00 acre tract for a distance: of 4b3.16 feet t4 a 1/2" diameter iron rod yet for corner.
Same iron rod also lying in the northwest right-of-way lisle of Holleman Drive (60' R.O. W,)
and also marking the northeast corner of 8:21 acne tract;
THENCE: S 41 ° 31' 31 ° W along Barrie northwest right-of-way of Hollemara Drive
(60' R,O.w.) at 45.01 feet pass a 1/2' diameter Irgn rod found mar3ong the northeast comes
of same .8.00 acre tact and continuing 41 L75 feet for a wtai distance of 456.76 fees to a 112"
diameter iron rod mazking the begitttt3ng of a curve to the right; •
THENCE: in a southwesterly direction. along curve to the. right for an are distance of 38.83
febt to a 112' iron rod lying itt the northeast right-of :way line of l assie Iarte (50' R.O.W.)
E~iT C - Page ! of 2 Pages
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-~ "12/11/95 10:07 $21~ 369 ~1~0 FIRST WORTHING [~J008/009
1L• DEC 08'35 16=23 No.OQl P.08
and marking the end of said curve to the right; said curve to she righ~ having a central a~~gle of
88° 59' 18', Radius ~ ?.5.00 fe::t, Tange=tt ~ 24.Sb and Cbord bearing S $6° 00' 49°' ~ for
a distance of 35.04 fcct;
?HENCE: N 49° 29' S3" w along ,said northeast right of-way line of Lassie Lane for a
distance of 101.25 feet TA a 112` diameter iron .rod for corner;
THENCE: S 41 ° 3i' 32" ~V along the common Bite between the northwest Line of 1'ooh's Park
Subdivision aztd the southeast line of same` 8.00 acre tract for a distance of 393.41 feet to the
PLACE OF BEGINNING; and contaanin~ $.21 acres of land, more or less.
E~~l'l' CC - Psi 2 of 2 Yea
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' "12/11/95 10:07 $21~ 369 X130 FIRST WORTHING (~j009/009
''" ' litL uts ' y~ 1 b = 24 hro .001 P . 09
STORM .SEWER EASLKERT
from
DRSiCOX PETROLEUM, INC., ~ Texaa coYpdraoion
to
ARBORS OF WOLF PEN CREEK PARTNERS. a Texas general paztnership
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