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HomeMy WebLinkAboutLegal Document~~ .;..~ EASEMENT ,,~ ~ ~~. '. - , --- _-f~ ' :,`%Y (DRAINAGE} IBF.AIC;Ct!'~`~I`.'{Cu[:. '~ C'{l flit. IL!•n~' BY ~~~t:TY THE STATE OF TEXAS KNOW ALL. MEN BY THESE PRESENTS: COUNTY OF BRAZOS THAT, REGENCY PARKWAY, INC., a Texas Corporation ("Grantor"), acting by and through its duly. authorized officer, the undersigned, of the County _of Brazos and State of Texas, for and in consideration of the payment of the sum of TEN AND N0/100 DOLIIARS ($10.00} cash, and other good and valuable consideration, paid to Grantor by TERRY PRUITT, TRUSTEE ("Grantee"), including the conveyance of Lot Three, Block. One, HIGH RIDGE SUBDIVISION, a subdivision of the City of College Station,. Brazos County, Te.~as, according to the. plat .thereof filed of record, Volume 1878, Page 53 in the Official Records of Brazos County (".Property"}, in exch<~nge herefor, the receipt and sufficiency of such consideration of wiZich is hereby acknowledged, has GRANTED, SOLD AND CONVEYED and by these presents do GRANT, SELL AND CONVEY unto the said TERRY PRU:LTT, TRUSTEE the present fee simple 'owner of Lot Two, Block One, HIGH RIDGE SUBDIVISION, College Station, Brazos County, Texas, a right-of-way and. perpetual easement for purposes of constructing, maintaining, repairing, and operating a drainage way and easement for draining, diverting, and/or channeling surface water, drainage water or other water which is or shall be deposited on the Property and/or that flows on or acros's the Property or any part thereof from adjacent lands so such water may flow and be let. into Carter Creek. .Which usage shall not impede the drainage of the adjacent tracts of Grantor, its heirs, or assigns. The right-of-way and drainage easement shall be on, over, across under and/or through ',the following described land: All that certain .115' acre tract or parcel of land, being a 40' wide by 125' long drainage easement, lying and being situated in the RICHARD CARTER LEAGUE, Abstract No. 8, College Station, Brazos County, Texas, and being a portion out of that same 34.13 acre tract conveyed from Bert Wheeler, Inc. to Regency Parkway,. Inc., as described by deed recorded in Volume 1082, Page 337 of the Official Records of Brazos County, Texas, and said .115 acre tract being more particularly described as follows: Commencing at a point on the southwesterly line of the forementioned 34.13 acre tract said point being the most Southerly corner of Lot Three Block One of High Ridge Subdivision as shown in Volume 1878 page 53 of the Official Records of Brazos County; ,~ THENCE S 55° 12' 08'° E with the northeast line of Lot Two Block One of High Ridge Subdivision for a distance of 15.00 feet to the POINT OF BEGINNING; THENCE N 49° 47' 52" E for a distance of 125 feet to a corner in the creekbed of Carter Creek; THENCE S 55° 12' 08" E for a distance of 40.3 feet to another corner in the creekbed of Carter Creek; THENCE S 49° 47' S2" W for a distance of 125. feet t.o a corner being also on the northeast line of the forementioned Lot Two; THENCE N 55° 12' 08'+ W for a distance of 40.3 feet along the northeast line of .Lot Two to the POINT OF BEGINNING containing .115 acres more or less Provided however, it is understood and agreed by Grantor and Grantee that the overriding intent of this easement is to extend the drainage to the creekbed of the adjoining creek (Carter Creek) ; should that creek move or be diverted in the future by governmental authorities or by natural causes. or otherwise then this right-of-way. and easement shall be deemed and considered to be extended or reduced in length such that it extends to the cree}~1~ed of that creek so that the purposes for which this easement is granted can be fulfilled. Notwithstanding anything else. contained herein to the contrary Grantor reserves an 40 foot utility and access .easement, parallel to and adjacent to the northeast line of lot Two Block One of Fiigh Ridge Subdivision, along with the drainage .rights to flow w<~ter over, under or through Grantee's easement for all properties that flow to/or within the easement from the forementioned 34.13 acre tract and said. Lot Three Block One with the restriction that said drainage rights will .not block or hinder the drainage of Lot Two Block One, High Ridge Subdivision, College Station, Texas. Grantee, Grantee's heirs, successors and assigns, shall ].nave the right to clean and cut. trees and brush place a culvert: or waterway from time to time, place rip-rap and/or .wood or concrete bulk heads and/or lay. pipe or pipes and/or construct, place , replace, repair and maintain on said easement or under said easement and any and all other improvements which. the Grantee, in Grantee's judgment deems necessary and appropriate for purposes of draining and/or holding surface water from all or any part: or portion of the Property, being Lot. Two, Block One, HIGH. RIDGE SUBDIVISION, or any part thereof, to Carter Creek. This easement shall be perpetual and Grantee, Grantee's heirs, successors and assigns, are hereby granted the right to assign this right-of-way and easement or any part thereof, or any interest therein for the purposes as herein stated and/or to dedicate all von 21 ~ o„c ~.5~ ... _-' or any part of ..the easement and right-of-way to the. City of College Station and/or any other appropriate governmental body for drairtage of surface .water purposes, and for the city and/or such governmental bodies to maintain. -This right-of -way and easement is appurtenant to said Lot Two,. Block One; High Ridge Subdivision, College Station, Brazos County, Texas; and shall be a covenant and easement running with the land and the Property. The Grantee, Grantee's heirs, successors and assigns, shall have all of the rights and benefits necessary or convenient for the full enjoyment and use of the rights herein granted, including but without limiting the same, the free right of ingress over. and across said lands described in 'said easement only for purposes of inspecting, constructing, .:maintaining and/or improving .said easement for the purposes herein stated. TO HAVE AND TO HOLD said right-of-way .and easement unto Grantee, Grantee's heirs, successors., legal representatives and assigns, forever and the undersigned Grantor hereby binds itself, its successors and assigns, 'to ,warrant and forever defend all and singular the. said easement unto.-the Grantee, Grantee's heirs, successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this the ~~'day of /,~, 1995 . ~~ Accepted ~ r-^ ERRY P U ~ TR STEE THE STATE OF TEXAS COUNTY OF BRAZOS REGENCY PARKWAY,-INC. ~.~ By MIC K. DAVIS President REGENCY PARKWAY, :LNC. This instrument was acknowledged before me on this the ~a day of March, 1995, by MICHAEL K. DAVIS, PRESIDENT OF REGENCY PARKWAY; INC., a Texas Corporation, on behalf of said Corporation and in the capacity therein stated.. ~~.,._. - ~.+,~ ~ Yfu~lire y.ualBpLl. No ary Public in and for NotaryPu~~:: $~a.c~ `Texas The State of Texas ~!~ My Commissiontxpi;es. SEPTEMBER 8.1997 V0~ ~L~ i ~ o~rr 1 cJ ~ J THE STATE OF TEXAS COUNTY OF BRAZOS ,z ~. This instrument was acknowledged before me on this the ~~' day of March, 1995, by TERRY PRUITT, TRUSTEE in the capacity ;therein stated. ~ e ~~"' MON{CABARP.(BALL N ary Public in and for ,~~ Notary Put:ic, state of Te;gs The State o f Texas My Commission Expires SEPTEMBER 5,1997 v~6 215 °AGE ~5~