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TEMPORARY ACCESS EASEMENT
This Temporary Access. Easement is entered into this day of September,
1998, by and between PEBBLE CREEK. DEVELOPMEN'T' COMPANY, a .Texas Corporation
(hereinafter referred to as "GRANI'OR'~ whose address is 4500 Pebble Creek :Parkway, Brazos
County, College Station, Texas 77845, and the CITY OF COLLEGE STATION, 'I'F.XAS, a Texas
Home Rule Municipal Corporation (hereinafter referred to as "GRANTEE', whose address is 1101
Texas Avenue, Brazos County, College Station, Texas 77840.
WITNESSETH:
WHEREAS, GRANTOR is the owner of .certain real .property, which GRANTOR has
developed' as a planned residential district, described as .follows:
All that. 18.78 acre tract or parcel of land located in the S.W. Robertson Survey,
Abstract No. 202, Brazos County,. Texas, described as the FINAL PLAT, PEBBLE
CREEK, PHASE 8, COLLEGE STATION, BRAZOS COUNTY, 'TF~AS, an
addition to College Station, Texas, as shown on plat recorded in Volume ,Page _
, Official Records of Brazos County, Texas.
WHEREAS, GRANTOR wishes to construct a temporary cul-de-sac at the east end of Pine
Valley Drive located in Pebble Creek, Phase 8, and GRANTOR is willing to grant to GRANTEE
for public. use, a temporary access easement to the temporary cul-de-sac for the use of vehicle and
pedestrian. traffic over and upon the site. Said temporary cul-de-sac being described by metes and
bounds as follows:
All that certain .0.207. acre roadway easement .tract located in the S.W. Robertson
Survey, Abstract No. 202, Brazos County, Texas, and being out of the residue of a
called 505.19 acre tract of land described as "Tract 1" in a deed to Pebble Creek
Development Company, recorded in Volume 1671, Page 276, of the Brazos County,
Texas heed Records. Said 0.207 acre easement tract being more particularly
described by metes and bounds in .11xhibit "_A" attached hereto and made a part
hereof for all purposes.
NOW, THEREFORE, in consideration of TEN AND NO/100 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:
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 parcel 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. The easement is intended to be temporary, but the rights granted hereunder shall
not terminate .until GRANTOR has delivered the final "As Built" survey; a
revised final plat of Pebble Creek, Phase 8, incorporating the temporary cul-de-
sac as a permanent .feature of the residential district; or a final plat of a
developed, planned residential .district located adjacent to Pebble Creek, Phase 8,
extending Pine Valley Drive into the new residential district.
3. GRANTOR expressly subordinates all rights of surface use incident to the
mineral estate to the above described. uses of said surface by GRANTEE, and
agrees to lender's subordinations on behalf of GRANTEE. GRANTOR will
provide GRANTEE with the names and addresses of all lenders.
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
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herebp 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.
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COUNTY OF §
ACKNOWLEDGMENT
This instrument was acknowledged before me on this dap of
1998, by F.M. Young as President of PEBBLE CREEK DEVELOPMENT COMPANY, a Texas
Corporation, on behalf of said corporation.
Notary Public in and for the
State. of Texas
PREPARED IN THE OFFICE OF:
City of College Station
Legal Department
P.O. Box 9960
College Station, Texas 77842-9960
Fiie Info: Pebble Creek Development ~;o.
(Ph. 8 Access .Easement)
RETURN ORIGINAL DOCUMENT TO:
City of College Station
Legal Department
P.O. Box 9960
College Station, Texas 77842-9960
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9/24/98
PEBBLE CREEK DEVELOPMENT
COMPANY, a Texas Corporation
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DATE:
GRANTOR:
UTILITY EASEMENT
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PEBBLE CREEK DEVELOPMENT COMPANY, a Texas Corp.
GRANTOR'S MAILING ADDRESS: c/o Young Brothers.
P.O. Drawer 1800
McLennan County
Waco, .Texas 76703
GRANTEE: CITY OF COLLEGE STATION, TEXAS
GRANTEE'S MAILING ADDRESS: 1 TO1 Texas Avenue
Brazos County
College Station, Texas 77840
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration.
PROPERTY:
Field notes fora 1.142 acre public utility easement. tract located in the S.W.
Robertson Survey, Abstract No. 202, Brazos County, Texas, and being out of the
residue of a called 505..19 acre tract described as Tract 1 in a deed- to Pebble Creek
Development Company, recorded in Volume 1671, Page 276,. of the Deed Records
of Brazos County, Texas. Said 1.142 acres being more particularly described by
metes and bounds in Exhibit "A" attached hereto and. made a part hereof for, all
purposes.
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 alI 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.
GRANTED shall have .the right to use an additional space of twenty feel (20' j wide, alcang and
parallel to and on the south side of the herein described permanent twenty foot (20') wide public
utility easement for the purposes. of transporting materials and equipment and the construction of the.
utility line.
GRANTOR expressly subordinates all rights. of surface use incident to the mineral estate to the above
described uses of said surface by GRANTEE, and agrees `to lender's subordinations on behalf of
GRANTEE. GRANTOR will .provide GRANTEE with the names and addresses of all lenders.
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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.
PEBBLE CREEK DEVELOPMENT
COMPANY, a Texas Corp.
By:
"' ~ .M. Yo President
STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF ~ i ~ e ~ ~. a.: ~. §
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.This instrument was acknowledged before me on this ~ .~ day of ~ Ky `^ s ~~
1998, by F.M. Young as President of PEBBLE CREEK DEVELOPMENT COMPANY, a Texas
Corporation, on behalf of said corporation.
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Notary Public in and for the
State of Texas
PREPARED IN THE OFFICE OF:
City of College Station
Legal Department
P.O. Box 9960
College Station, Texas 77842-9960
File Info: Pebble Creek Development Co.-Ph. 8
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icP .,a~~ CLARA t. PALMfR
,~ Notary Pu~l1c
;~~ STATE OF 7!*XAS
City oi;~rll~e~'igy`"~,~ as vctt
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Legal Department
P.O. Box 9960
College Station, Texas 77842-9960
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