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Home My WebLink AboutLegal DocumentsDoc Bk Vol Rg ` 00839297 OR 5760 198 TEMPORARY BLANKET UTILITY EASEMENT DATE: ~A~ I-,~~ ~~ ~-~~_~ GRANTOR: TEXAS CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS GRANTOR'S MAILING ADDRESS: P. O. Box 800 (including county) Johnson County Alvarado, Texas 76009-0800 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue Brazos County College Station, Texas 77840 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration PROPERTY: All that certain tract of land, lying and being situated in the RICHARD CARTER LEAGUE, Abstract No. 8, College Station, Brazos County, Texas. Said tract being a portion of a called 11.546 acre tract as described by a deed to Billy Wayne Sharp recorded in Volume 1298, page 70 of the Official Records of Brazos County, Texas, and a portion of a called 6.179 acre tract as described by a deed to the City of College Station recorded in Volume 621, page 289 of the Official Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: BEGINNING: at a 5/8" iron rod found on the southwest right-of--way line of Texas State Highway No. 6, said iron rod marking the most easterly corner of Block 2, Cat Hollow, according to the plat recorded in Volume 2295, page 79 of the Official Records of Brazos County, Texas, for reference a concrete right-of- way marker found on the southwest line of Highway No. 6 bears: N 36° 22' 06" W for a distance of 1432.11 feet; THENCE: S 65° 59' OS" W along the common line of said Block 2, Cat Hollow and said 11.546 acre tract for a distance of 165.12 feet to a 5/8" iron rod set marking an angle point in said common line (this line was used for bearing orientation honoring the plat call bearing of Cat Hollow, 2295/79); THENCE: S 44° 19' 29" W continuing along said common line for a distance of 163.31 feet to a 5/8" iron rod set marking the south corner of this herein described tract; THENCE: N 3.6° 22' 06" W through said 11.546 acre tract, at 532.61 feet pass the southeast line of said 6.179 acre tract, continue on for a total distance of 686.98 feet to a 5/8" iron rod set on the northwest line of said 11.546 acre tract; 1 bgRegal...group(o)/easements/tx conf assn-7`~ day adventfists/temporaryblanketuti/iteasement..doc 11//9/2003 Doc Bk Vol Pg 00839297 OR 5760 199 THENCE: N 53° 49' 11" E along the northwest line of said 11.546 acre tract and through said 6.179 acre tract for a distance of 322.46 feet to a 5/8" iron rod set on the southwest line of Highway No. 6 marking the north corner of said 11.546 acre tract; THENCE: S 36° 22' 06" E along the southwest line of Highway No. 6, at 119.84 feet pass the east corner of said 6.179 acre tract, continue on for a total distance of 694.84 feet to the POINT OF BEGINNING, containing 5.00 acres of land, more or less. Being the same property described in Warranty Deed dated September 3, 1997, from Billy Wayne Sharp to Texas Conference Association of Seventh-Day Adventists, recorded in Volume 2926, Page 47, of the Official Records of Brazos County, Texas. Said property also being known as Lot One (1), Block Four (4), CAT HOLLOW SUBDIVISION, PHASE THREE, an addition to the City of College Station, Texas, according to plat recorded in Volume 3833, Page 329, Official Records of Brazos County, Texas. ESTATE GRANTED: 1. GRANTOR grants to GRANTEE an undefined or "blanket" easement for various utilities, to be restricted hereafter to the as-built area, and defined by subsequent survey or plat. 2. GRANTOR does hereby grant, bargain, sell and convey unto GRANTEE, its successors and assigns, an undefined easement in and to the above-described parcel of land; GRANTEE to install, maintain, repair, rebuild, operate, inspect and remove all utility facilities, including conduits, duct lines, vaults, fittings, appliances and equipment, under the above-described property. RESERVATIONS AND RESTRICTIONS: 1. This conveyance is only of the right, privilege and easement for the aforesaid purposes. GRANTOR and its 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 maintenance and operation of installations to be made by GRANTEE therein. 2. GRANTEE covenants and agrees to interfere as little as possible with the normal flow of vehicular and pedestrian traffic over and upon the site, and to restore the surface of the site, whenever and wherever disturbed by GRANTEE, to as good a condition as existed at the time of such disturbance. 3. GRANTEE hereby covenants and agrees that in the event the future development or expansion of either the site or adjacent land, or both, requires the relocation of the facilities already constructed and installed in the easement area, GRANTEE will relocate such facilities, at the request and expense of GRANTOR, provided such relocation is sound and feasible from an engineering standpoint as reasonably determined by GRANTEE, and provided further that GRANTOR shall grant to GRANTEE a substitute easement, by instrument in recordable form providing for such relocation. 2 bg/legal...group(o)/easements/tz conf assn-7`~ day adventists/temporaryblanketutiliryeasement.doc 1 ///9/1003 00839297 OR 57601 2009 4. The easement is intended to be temporary, but the rights granted hereunder shall not terminate unless GRANTOR shall deliver a final "As Built" survey or plat, as approved by GRANTEE, showing the location of utility service, equipment, and facilities. The "As Built" survey or plat shall delineate a proposed permanent easement area to enable GRANTEE to maintain, repair, rebuild, and operate the equipment described in paragraph number 2 above, and GRANTEE or its successors shall thereafter execute an instrument in recordable form perfecting the rights existing hereunder in and to the "As Built" area. 5. GRANTOR warrants that the right of GRANTEE shall be superior to those of all persons claiming under or through GRANTOR but not otherwise. TEXAS CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS B. DOERNER, Secretary By: Printed ame: 9e/'_ Title: TKR turc~r- APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL City Attorney THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF ~o I~ ~ § This instrument was acknowledged before me on this the 1 s-c day of I.~ace,v~ar , 2003, by }4,,,,~\ ~..cna~ Sect~ct4.~1 of TEXAS CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS. ~',,'PR^`~8;,~, ~LYNETI-E ECO~.._ / -' ~~ ~ ~ NOTARY PtJ~s~_;::: '~ ~~ o~~ STATE OFTt~Y.<~~' t N u is in and for the ~'~.~ oc ~~~ My Comm. Exp. 4-2?- ~ ):: ,, of Texas bgAegal...group(o)/easements/tx conjassn-7`~ day adventists/temporaryblanketutilityeasement.doc 1//9/2003 ~. 00839297 OR 57601 2019 THE STATE OF TEXAS COUNTY OF ~i~~ll ACKNOWLEDGMENT This instrument was acknowledged before me on this the ) s~ day of ~a.~..b~! , 2003, by o.e.~ m G~e1~u~~ -~~eo,,i,,,erc of TEXAS CONFERENCE ASSOCIATION OF SE NTH-DAY NTISTS. ~~ y,~~gYF~B.~ LYNETTE ECORf~ `' tr NOTARY PUBLIC ~ ry u lie in and for the tate of Texas s, ~ STATE OF TEXAS rf' ''~ ~r ~F+ My Comm. Exp. 4-22-'L005 ;' :e..ti~- PREPARED IN THE OFFICE OF: RETURN ORIGINAL DOCUMENT TO: City of College Station City of College Station Legal Department Legal Department P.O. Box 9960 P.O. Box 9960 College Station, Texas 77842-9960 College Station, Texas 77842-9960 Filed for Record in: BRAIQS LINTY On: Dec 09,2003 at 08:I7R As a Recordinus Docuarrtt Nwb~rr 008351'297 R~ount 15.00 Receipt Nu~ber - 231889 Susie Cohen 8TA1E ff ~ Oaplil ff I here6r certiryryr, that this instrweat ras filed oa the date andtiae staaped hereon h1 ae and eas dultr renrded is the ra ooe and page of the Hated records of: B~lifls ClXNiI' as sta,ped hereaa h! oe. Dec 09, 2003 ~ lCaF1:1l, COl1iiV Clfltll 4 bgAegal...group(o)/easements/tx conf assn-7`~ day adventists/temporaryblanketutilityeasement.doc / //19/2003