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HomeMy WebLinkAbout00071335Roc 8k Vol Pg 0835268 OR 5695 134 PUBLIC UTILITY EASEMENT DATE: Tj~ a I GRANTORS: WILLIAM E. PRIVETT, JR. and SHARON M. PRIVETT GRANTORS' MAILING ADDRESS: 1111 Rock Prairie Road Brazos County College Station, Texas 77845 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue Brazos County College Station, Texas 77842 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration PROPERTY: All that certain 0.22 acre tract or parcel of land lying and being situated in the Crawford Burnett Survey, Abstract No. 7, College Station, Brazos County, Texas and being part of Lot 1, Block 2, Southwood Forest, Phase 5 according to the plat recorded in Volume 2321, Page 145, of the Official Records of Brazos County, Texas, said 0.22 acre tract being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all intents and 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 all other drainage Doc835268 Bk OR Vol Pg 00 5695 135 GRANTORS expressly subordinate 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. GRANTORS will provide GRANTEE with the names and addresses of all lenders. It is expressly understood that the GRANTORS or future Owners of this property reserve the right to use this EASEMENT for all purposes which do not interfere with or prevent its use by the GRANTEE. 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 GRANTORS do hereby bind themselves, their 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. WILLIAM E. PRIVETT, JR. r ,J ~ T `SHARON M. PRIVETT CONSENT AND SUBORDINATION BY LIENHOLDER Lienholder, as the holder of liens(s) on the fee simple title to the Easement Property, consents to the above grant of an easement, including the terms and conditions of such grant, and Lienholder subordinates its lien(s) to the rights and interests of the easement, such that a foreclosure of the lien(s) will not extinguish the rights and interests of the easement. FIRST AMERICAN BANK, SSB a Texas state savings bank By: Printed Name: 5• Title: 00835268 OR 56951 1369 THE STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT This instrument was acknowledged before me on this "I day of , 2003, by WILLIAM £--PRJVETT, JR. _ , EBECCA L. Notary PubNc, $we of Taw ~N Carx►Mpion t.xpw; OCTOBER 15, 2006 Notary Public in and f r e to Texas THE STATE OF TEXAS § COUNTY OF BRAZOS § ACKNOWLEDGMENT 1 This instrument was acknowledged before me on thiz:~/ day o , 2003, by SHARON M. A'~~ Ev~wttl-k -14 - ESE= L Mn eit.xpr.~ OCTOBER 15, 2006 THE STATE OF TEXAS § COUNTY OF BRAZOS § Notary Public in and for the of Texas ACKNOWLEDGMENT is ins ent was ackn M2yvledged be a mV n this 6 day of 0 lam( u bt-' , 2003, by r r FIRST AMERICAN BANK, SSB, a Texas state savings bank, on behalf of said bank. *11~". ROBYN D. WILLIS Notary Public. State of Texas My Commission ExpKes MAY 11 2005 PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842-9960 Notal/ Publid in and for the State of Texas AFTER RECORDING, RETURN TO: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842-9960 A- wood forest\Phose 5\Lot-1_Block-2\dwg\25' Public PM Southwood Forest - Phase 5 Lot 1, Block 2 00835268 OR 56951 1379 25' Public Utility Easement Crawford Burnett Survey, A-7 College Station, Brazos County, Texas Field notes of a 25' wide strip or parcel of land, lying and being situated in the Crawford Burnett Survey, Abstract No. 7, College Station, Brazos County, Teas, and being part of Lot 1, Block 2, Southwood Forest, Phase 5 according to the plat recorded in Volume 2321, Page 145, of the Official Records of Brazos County, Texas, and being more particularly described as follows: BEGINNING at a 60d nail set in the common line between the beforementioned Lot 1, Block 2 and Lot 4, Block 1, and in the northeast line of the 10' utility easement as shown on the plat of the beforementioned Lot 1, Block 2, a 1/2" iron rod found marking the common comer between the said Lot 1, Block 2 and Lot 4, Block 1, bears S 51 ° 57' 04" W - 10.0 feet; THENCE N 51° 57'04 n E along the common line between Lot 1, Block 2 and Block 1, adjacent to a fence for a distance of 384.81 feet to a 60d nail set in the southwest line of a 25' drainage and utility easement as shown on the beforementioned plat of Lot 1, Block 2, a 1/2" iron rod found marking the north comer of said Lot 1, Block 2 bears N 51 ° 57'04" E - 25.46 feet; THENCE S 48° 55'56" E along the southwest line of the beforementioned 25' drainage and utility easement for a distance of 25.46 feet to a 60d nail set; THENCE S 51 e 57' 04" W for a distance of 389.62 feet to a 60d nail set in the northeast line of the beforementioned 10' utility easement; THENCE N 38° 02'59" W along the northeast line of the beforementioned 10' utility easement for a distance of 25.00 feet to the PLACE OF BEGINNING, containing 0.22 acre of land, more or less. Surveyed September 2003 By: S. M. Kling r OF S. M. KLING )o' lir IRON R00 FO SRS. 5 16'54'1 5"t" N 38'02'59 25.00' 1 /Z' IRON R00 SET Doc Bk Vol Rg 00835268 OR 5695. 138 Filed for Record in: BRAZOS CONY On: Oct 30,2003 at 07:59A As a Recordings Document Number: 00835268 Amount 17.00 Receipt Number - 229412 Susie Cohen' MI OF 1EB15 min OF I hereby certify that this instroneat vas filed on the date and sUqW hereon by it and was duly recorded in the "Im aid page of the wed reads of: 801205 0011OP as stanped herein by it. Oct 30, 2003 WALE C MMMTY ]M LRES