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TEMPORARY BLANKET UTILITY EASEMENT
DATE: A& a► e,ti, h2 2 07 1.- ;71M /
GRANTOR: ROCKFISH, L.P., a Delaware corporation
GRANTOR'S MAILING ADDRESS: 5307 East Mockingbird Lane, Suite 1001
(including county) Dallas County
Dallas, Texas 75206
GRANTEE: CITY OF COLLEGE STATION, TEXAS
GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue
(including county) Brazos County
College Station, Texas 77842
CONSIDERATION: Ten Dollars ($10.00) and other good
and valuable consideration.
PROPERTY:
BEING Lot 5, Block One, The Gateway, Phase I, an Addition to the City of College
Station, Texas, according to the final plat thereof recorded in Volume 3663, Page 313,
Official Records of Brazos County, Texas.
SAVE AND EXCEPT the following described portion of such lot:
BEGINNING at a point on the Northwest line of University Drive (FM60 - Variable
Width R.O.W.) marking the East corner of said Lot 5 and the South corner of Lot 4, The
Gateway (Plat 3663/313);
THENCE S 55° 04' 50" W along the Northwest line of University Drive for a distance of
27.75 feet to a point marking the South corner of this herein described tract;
THENCE through said Lot 5 for the following calls:
N 35° 38' 57" W for a distance of 82.61 feet to a point;
N 37° 16' 02" W for a distance of 68.16 feet to a point;
N 38° 20' 53" W for a distance of 74.50 feet to a point;
N 70° 19' 59" W for a distance of 32.68 feet to a point on the common line of said Lot 5
and Lot 1, The Gateway (Plat 3663/313);
THENCE N 68° 09' 56" E along the common line of said Lot 5 and Lot 1 for a distance
of 60.87 feet to a point marking the common corner of said Lot 5 and Lot 4;
THENCE S 33° 53' 03" E along the common line of said Lot 5 and Lot 4 for a distance of
237.96 feel'to the POINT OF BEGINNING, containing 0.19 of an acre of land, more or
less.
Being the same-property described in Special Warranty Deed dated July 31, 2001, from
Delmar Baronhead I, Ltd., a Texas limited partnership, to Rockfish, L.P., a Delaware
corporation, recorded in Volume 4284, Page 265, of the Official Records of Brazos
County, Texas.
FATATF, GRANTED:
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.
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 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.
ROCKFISH, L.P., a Delaware corporation
APPROVED:
City Attorney
THE STATE OF TEXAS §
COUNTY OF 1RAZOS §
BY: ~coCKFis r~ ~'!~NFi~rc,vT, CLC
Printed Name:
Title: / T`S loL-ij9 /YL_ f~,eTi~L~
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day &f u ` 2001,
This instrument-was acknowledged before me on the
by Rexke st,1 r►9lwlY,61rroIr * 6?5 . . A17,9r~62
corporation, on behalf of said corporation.
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