HomeMy WebLinkAbouteasementDoe OR 43841 3099
TEMPORARY BLANKET UTILITY EASEMENT
DATE: fjmy wI Vy ) Ij-g?1Vj
GRANTOR: JERRY WINDHAM
GRANTOR'S MAILING ADDRESS: P. O. Box 10195
(including county) Brazos County
College Station, Texas 77842
GRANTEE: CITY OF COLLEGE STATION, TEXAS
GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue
(including county) Brazos County
College Station, Texas 77840
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration.
PROPERTY:
All that certain 6.8031 acre tract or parcel of land lying and being situated in the
CRAWFOR.D BURNETT LEAGUE, ABSTRACT NO. 7, in the City of College Station,
Brazos County, Texas, being all of a called 6.76 acre tract of land conveyed to Jerry
Windham as recorded in Volume 628, Page 523 and Volume 928, Page 34, of the Brazos
County Official Records and being out of a called 36.812 acre tract as described in
Volume 436, Page 558, of the Brazos County Deed Records, said 6.8031 acre tract more
particularly described by metes and bounds as follows (with bearings referenced to
monuments found along the common southeasterly right-of-way line of Southwest
Parkway and the northwesterly line of said 6.76 acre tract);
BEGINNING at a %s-inch iron rod found in the southeasterly right-of-way line of
Southwest Parkway (80 foot wide right-of-way) said point being the northwesterly corner
of the herein described tract and northeasterly corner of the residue of said 36.812 acre
tract, from said point a found'/2-inch iron rod bears South 56° 57' 06" West, a distance of
453.88 feet;
THENCE, North 56° 57' 06" East, along the southeasterly right-of-way line of said
Southwest Parkway, at a distance of 313.02 feet pass a found '/2-inch iron rod, and
continuing for a total distance of 439.06 feet to a "capped" 5/8-inch iron set at the
northeasterly corner of the herein described tract and the northwesterly corner of called
5.572 acre tract as described in Volume 743, Page 382, of the Brazos County Official
Records. from said point a found '/2-inch iron rod bears North 56° 57' 06" East, a distance
Doe Bk Vol Pg
00760192 OR 4384 310
THENCE, South 44° 09' 59" West, along the northwesterly right-of-way of said Christine
Lane, a distance of 421.86 feet to a "capped" 5/8-inch iron rod set at the southwesterly
corner of the herein described tract and southeasterly corner of the aforesaid residue of
36.182 acre tract, from said point a concrete monument was found at the southwesterly
corner of said 36.182 acre tract at the northeasterly cutback corner for the intersection of
the northwesterly right-of-way line of Wellborn Drive and the northeasterly right-of-way
line of said Christine Lane, said monument bears South 44° 09' 59" West, a distance of
1008.93 feet;
THENCE, North 44° 36' 14" West, along the northeasterly line of said residue tract, a
distance of 743.81 feet to THE POINT OF BEGINNING, and containing a computed area
of 6.8031 acres (296,341 square feet) of land, more or less.
Said property also being the same property known as Tract Three (6.760 acres) of the
Final Plat of the Division of the Kenneth W. Schick, Trustee 36.182 acres tract, Crawford
Burnett League, A-7, College Station, Brazos County, Texas, filed for record in Volume
542, Page 131, of the Deed 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.
4. The easement is intended to be temporary, but the rights granted hereunder shall not
00 60192 OR 43841 3119
GRANTOR warrants that the right of GRANTEE shall be superior to those of all persons
claiming under or through GRANTOR but not otherwise.
N_
APPROVED AS TO FORM.
THIS DOCUMENT MAY NOT
BE CHANGED WITHOUT
RE-SUBMISSION FOR APPROVAL.
R&_-al
City A orney
THE STATE OF TEXAS
COUNTY OF BRAZOS
ACKNOWLEDGMENT
This instrument was acknowledged before me on the 16~ day of I V~
2001, by JERRY WINDHAM.
,
LARRY WELLS
•
Notary PI,b11c, State of Texas
_
s
4V Commission Exptres
'
December 04, 2005
PREPARED IN THE OFFICE OF:
City of College Station
Legal Department
P.O. Box 9960
N Public in and for the State of Texas
1 /t4e~~
RETURN ORIGINAL DOCUMENT TO:
City of College Station
Legal Department
P.O. Box 9960