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~~402c~
STATE OF TEXAS )
COUNTY OF BRAZOS )
UTILITY EASEMENT
(Specific Property)
//~
KNOW ALL MEN BY THESE PRESENTS:
That, JAMES A. FORD, GRANTOR, of the County of Llano State of
Texas, for and in consideration of .the payment of TEN and NO/100
DOLLARS, and other good and valuable consideration, in hand paid
to GRANTOR by the CITY OF COLLEGE STATION, TEXAS, the receipt of
which is hereby acknowledged, has GRANTED,'. SOLD and. CONVEYED and
by these presents does GRANT, SELL, and CONVEY unto the said CITY
OF COLLEGE STATION, a Texas Municipal Corporation, certain rights
and interests in the nature. of a perpetual EASEMENT on and
through the following described property:
A11 that certain tract or parcel of land lying and be-
ing situated in the Morgan .Rector League in College
Station, Brazos County, Texas,: being apart of that
tract conveyed to Group 5 Joint Venture by Assumption
Deed recorded in Volume 794, Page 701 of the Deed Rec-
ords of Brazos County, Texas, which s,also the same
tract conveyed to James A. Ford by deed recorded in
Volume 1106, Page 217 of the Official 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 by course, width, and cen-
terline on the attached Exhibit "A", known as the "Easement
Area", and any additional area outside the easement area neces-
sary to install and. attach equipment, guy wires, and anchors
necessary and inci~~ent to the uses of the Easement ArPa._
To erect, construct, install, and thereafter use, operate, in-
spect, repair, maintain, reconstruct, modify, and .remove the fol-
1owi.ng
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 anal subsurface;
upon, over, and across said property as herein 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 is
understood and agreed that any and all equipment and facilities
placed upon said property shall remain the property of GRANTEE.
GF.ANTOR expressly subordinates 311 rights of Surface use incident
to the mineral estate to the above described uses of said surface
by GRANTEE, and agrees to provide lender's subordinations or re-
leases on behalf of GRANTEE.
It is expressly understood that
this property reserves the .right
purposes which do not interfer e
GRANTEE.
the GRANTOR or future Owner of
to use this EASEMENT for all
with or prevent its use by .the
q~~- l
TO HAVE AND TO HOLD the rights and interests herein described un-
to the CITY OF COLLEGE STATION, TEXAS, and its successors and
assigns, forever.,. and GRANTOR does hereby bind himself, his heirs
and administrators, to warrant and forever defend, all and singu-
lar, these rights and interests unto the .CITY OF COLLEGE STATION,
TEXAS, and its successors and assigns, against every person whom-
soever lawfully claiming, or to claim same, or any part thereof.
7~
EXECUTED this ~ ' day of
1990 .
n
~-. ~7
JAMES A. FORD
C
APPROVED AS TO FORM.
THIS DOCUMENT MAY NOT
B~ CHANGED WITHOUT
RE-SU SSION FOR APPROVAL.
+/ "
STATE OF TEXAS *
* ACKNOWLEDGMENT
COUNTY OF HARRIS *
This instrument was acknowledged before me on the ~ r~ day of
Fr6«,~r~_ 1990, by JAMES A FORD.
Not ry Public in and for
the State of T E X A S
yon i1~6 oa~~ `798
- 1 -
A
JOE ORR, INC.
Surveyors & Engineers
Office Phone 690-3378 • Rt. 3, Box 473
COLLEGE STATION, TEXAS 77840
F.M. 2818 Extension
Proposed 15' Easement
Group 5 Joint .Venture Tract
Morgan Rector League
College Station, Texas
6 February 1990
All that certain tract or parcel of land lying and being. situated in the
Morgan Rector League in College Station, Brazos County, .Texas, being a part of
that tract conveyed to Group 5 Joint Venture by Assumption Deed recorded in
Volume 794, Page 701 of '.the Official Records of Brazos County, Texas, which is
also the same tract conveyed to James A. Ford by deed recorded in Voluem 1106,
Page 217 of the Official Records of Brazos County, Texas, and being more
particularly described as follows:
Beginning in the northeast line of Lakeview Acres addition to the City of
College Station, Texas, according to plat of record in Volume 128, Page 300 of
the Deed Records of Brazos County, Texas, at an iron rod set N 48° 44' 20" W -
23.03 feet from a fence corner marking the south corner of the said Group 5
Joint Venture tract.
Thence along the arc of a curve to the right (R-1045') through a central. angle
of 21° 57' S0", the chord of which bears N 63° 22' 46" E - 398.14 feet, to an
iron rod set in the northwest line `of a 30' wide public road described in
Volume 157, Page 417 of the Deed Records of Brazos County, Texas;
Thence N 60° 14' 37" E - 55.83 feet along the northwest line of said road,
which is also the southeast line of the said Group 5 Joint Venture tract, to
an iron rod set for the most northerly corner of this tract;
Thence along the arc of a curve to the left (Ra1060') through a central angle
of 25° 03' 03", the' chord of which bears S 64° 45' 49" W - 459.77 feet to an
iron rod set in the northeast line of Lakeview Acres;
Thence S 48° 44' 20" E - 15.28 feet along the northeast line of Lakeview Acres
to the Point of Beginning and containing 0.15 acres of land more or less..
~o~ 1~ ~E~a~799
THE STATE OF TEXAS
COUNTY OF BRAZOS
FIARRANTY DEED
)
KNOW ALL MEN BY. THESE PRESENTS:
That, JAMES A. FORD, GRANTOR, of the County of L anon State of
Texas, for and in consideration of the sum of TEN and NO/100
($10.00) DOLLARS and other valuable consideration to the under-
signed paid by the GRANTEE herein named, the receipt of which is
hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these
presents does GRANT, SELL and CONVEY unto the CITY OF COLLEGE
STATION, a Texas Municipal Corporation, of the County of Brazos
and State of Texas, all of the. following described real property
in Brazos County, Texas, to-wit:
All' that certain tract or parcel of land lying and be-
ing situated in the Morgan Rector League in College
Station, Brazos County, Texas, being a part of that.
tract conveyed'to Group 5 Joint Venture by Assumption
Deed recorded in Volume 794,. Page 701 of the Officia l
Records of Brazos County, Texas, which is also the same
tract conveyed to James A. Ford by deed recorded in
Volume 1106, Page 217 of the Official Records of Brazos
County, Texas, `and being more particularly described as
fol~ows
Beginning in the northeast line of Lakeview Acres addi-
tion to the City of .College Station,, Texas, according
to plat. of record in Volume 128,. Page 300 of the Deed
Records of Brazos County, Texas, at a fence corner
marking the south corner of the said Group 5 Joint Ven-
ture tract.
Thence N 48° 44° 20'° W - 23.0.3 feet along the. said
northeast line of Lakeview Acres to wn iron rod set for
corner;
Thence along the arc of a curve to the right (R=1045')
through a central angle of 16° 02' 22", the chord of
which bears N 60° 25' 02" E - 291.58 feet, to an iron
rod set at the beginning of a curve to the left
(R=25');
Thence along. the arc of said curve through a central
angle of 86° 31' 02" to an iron rod set at the end of
said curve;
Thence N 18° 04' 49" W - 123.83 feet to an iron rod set
at the beginning of a curve to the left (R=1092.10');1
Thence along the arc of said curve through a central
angle of 10° 05' 45" to an iron rod set at the end of
said curve;
Thence N 61° 49' 26" E - 80.00 feet along the north-
west line of the said Group 5 Joint Venture tract to an
iron rod set for corner;
'~o_ '~~ ~-~ ~a~~ X95
4 ,
. -:, .,
Thence S 28° 10' 34" E - 262.33 feet to an iron rod set
at the beginning of a curve. to the. right (R=1172.10');
Thence along the arc of said curve through a central
angle of 10° 05' 45" to an iron rod set at the end of
said curve;
Thence S 18° 04 ' 49" E - 123.83 feet to an iron rod set
at the beginning of a curve'to the left (R=25');
Thence. along the arc of said curve through a central
angle of 62° 19' 23" to an iron rod set in .the south-
east line of the said Group 5 Joint Venture tract,
which is also the northwest line of a 30' wide public
road described in Volume 157, Page 417 of the Deed
Records of Brazos County, Texas;
Thence S 60° 14' 37" W - 399.11 feet along the north-
west line of said road, which is also the southeast
line of the said Group 5 Joint Venture tract, to the
Point of Beginning and containing 1.3.4 acres of land
more or less.
TO HAVE AND TO HOLD the above described premises, together
with all and singular the rights and appurtenances thereto in
anywise belonging, unto the said GRANTEE, its successors and
assigns forever; and GRANTOR does hereby bind himself, his heirs,
executors and administrators to .WARRANT RND FOREVER DEFEND all
and singular the said premises unto the said GRANTEE, its succes-
sors and assigns, against every person whomsoever lawfully claim-
ing or to claim the same or any part thereof.
T'`~ f~grr~~ , 1990.
EXECUTED this ~ - day of ti
,I ~~
g'Y ' ~~
J MES A. FORD
STATE OF TEXAS )
ACKNOWLEDGMENT
COUNTY OF l~e.q Z o S )
This
instrument was
acknowledged before u
me on the ~'--
day of ~~~~~,~~-„ 1990, by JAMES A. FORD.
~ ~ ~~--~
Nota y Public, in and for
the State of Texas
AFTER RECORDING RETURN T0:
City of College Station
Office of the City Attorney.
P.O. Box 9960
College Station., TX 77842
von ~.1~6 ~a,c `796
PREPARED IN THE LAW OFFICE OF:
City of College Station
Office of the City Attorney
P.O. Box .9960
College Station, TX 77842
- 1 -
f ,
CORI~,ECTION
FORECLOSURE SALE DEED.
ss6 ~~ ~
This Deed is filed in cortecUon and in lieu of that certain Deed to Purchaserby Substitute Trustee dated March 13, 1989, and recorded in Volume
1106, page 217, Official Records, Brazos County, Texas, which was filed without the Exhibit "A" to dcscrlbe the property intended to be
conveyed.
STATE OF TEXAS
COUNTY OF BRAZOS
By a Deed of Trust (herein referred to as the "Deed of Trust")
dated March.2, 1984, recorded in the Office of the County Clerk of
Brazos County, Texas in Volume 657, page 577, of the Official
Records of Brazos County, Texas, Ronald Cruse, Trustee, as Grantor
(herein referred to as the Grantor), conveyed to John W. Ford, as
Trustee, certain property hereinafter described.for the purpose of
securing and enforcing payment of the indebtedness and obligations
therein described (herein collectively called "Obligations")
including.-but not limited to (1) a note described in the Deed of
Trust, which note was in the original principal sum of $200,000.00,
executed by Ronald Cruse, Trustee and is payable to the order of
James A. Ford (referred to herein as "Beneficiary") (which note
together with all. renewals and extensions thereof is referred to
herein as the "Note") (2) all renewals and extensions of the notes
and (3) any and all then presen and future indebtedness of Ronald
Cruse, Trustee to Beneficiary.
Beneficiary, the holder of the Obligations and-Deed of Trust,
requested James B. Hervey, as Substitute Trustee, to enforce the
trust of the Deed of Trust. `Default has occurred in the payment of
the Obligations when due. [*The unpaid balance of the nrincir~at cif
a
Pursuant to the requirements of the Deed of Trust and the laws
of the .State of Texas, written notice of the time; place and terms
of the public foreclosure sale of the .hereinafter described
property were posted at the courthouse door of Brazos County,
Texas, the county in which said real estate is situated and a copy
of the notice was also filed with the County Clerk of Brazos
County, Texas, each such notice having been posted and filed for a
period of at least twenty-.one (21) days preceding the date of the
foreclosure sale.
In consideration of the premises and of the bid and payment by
way of credit against the unpaid balance owing on the Obligations,
of the sum of $120,000.00 (the ''Highest Bid") by James A. Ford,.. I,
as Substitute Trustee, by virtue of the authority conferred upon me
in the Deed of Trust, have GRANTED, SOLD AND .CONVEYED and by these.
presents. do GRANT, SELL and. .CONVEY unto James A. Ford,-his heirs
and assigns, all of the following property ':(the 01Property"):
All that certain 28.73 acre tract or parcel of land lying and being
situated in the MORGAN RECTOR LEAGUE, A-46 in Brazos County, Texas,
and being part of a 29.366 acre tract conveyed to James A. Ford by
deed recorded in Volume 276, page 774, Deed Records, Brazos County,
Texas, and also being all of a 1.09 acre tract conveyed to James A.
Ford by deed recorded in Volume 323, page 387, Deed Records, Brazos
' County, Texas and as said 28.73 acre tract is more particularly
described by metes and bounds in Exhibit "A" attached hereto and
made a part hereof for all purposes; and.
t!xuc~ ~ ~( ~ ~~
5ra~ ~ Ytlo~
cl.~ JLN 2?_ P~ 3' S2
~. CLERK
B~AIOS~~{Ah 1EXASjx0U5E
BY~~i~
dol. ~2i~i~ ~~, ~
~.
LESS and except all that certain 3.833 acre tract lying and being
situated in the MORGAN RECTOR LEAGUE, A-46 in Brazos County, Texas,
and being part of a 29.366 acre tract conveyed to James A. Ford by
deed recorded in Volume 276, page 774, Deed Records, Brazos County,
Texas said 3.833 acre tract. is more ..particularly described by metes
and bounds in Exhibit "A" attached hereto .and-made apart hereof
for all purposes.
TO. HAVE AND TO HOLD the Property, .together with the rights,
privileges and appurtenances thereto belonging, unto James A. Ford,
his heirs and assigns, forever; and I, as the Substitute Trustee,
do hereby bind the said Ronald Cruse, Trustee, his successors and
assigns, to WARRANT AND FOREVER DEFEND the Property unto James A.
Ford, his heirs and assigns, forever, against the claim or claims
of all persons claiming or to claim the same or any part thereof,
subject however, to any and all matters, restrictions, exceptions,
and reservations of record in Brazos County, Texas, if any, and to
the extent the same are still in effect and affect the Property.
EXECUTED the 2~ day of June, 1994, BUT EFFECTIVE as of
the 13th day of March, 1989.
STATE OF TEXAS
COUNTY OF BRAZOS
~'~/Y~-e~L~
J es B. Hervey, Substitute
T ustee.
This instrument was. acknowledged before me on the 2~~ day of
June, 1994 by James B. Hervey, Substitute Trustee.
`,~. b'~'{~7 G LIFSEI' ,,~
~ , , ~ ''} r , , , ~'c~ar,~ F'ub~i , Sate of Texas ~~,,
rS j:~ i ~ I Frtp Curmission F_x~ire5 K
Yom: a:.;~-w~,w;:w..c~.e;;~,.r; r.:.c+[atrC,~ppq•~,Ca..~,
Notary Pub c, ate of Texas
HLES940503
AFTER RECORDING RETURN TO:
HOELSCHER, LIPSEY, ELMORE & SMITH, P.C.
FORECLOSURE SALE DEED
PREPARED IN.THE LAW OFFICE OF;
HOELSCHER, LIPSEY, ELMORE & SMITH, P.C.
102T University Drive East
College Station, Texas 77840
WCL/HERVEY.FSD(djb)
JAMES B. HERVEY; SUBSTITUTE TRUSTEE
to JAMES A. FORD