HomeMy WebLinkAbout0007248600792559 OR 4909 17
TEMPORARY BLANKET UTILITY EASEMENT
DATE: OCTOBER 7, 2002
GRANTOR: COLLEGE STATION/MPI, LTD., a Texas limited partnership
GRANTOR'S MAILING ADDRESS: 3100 Edloe, Suite 270
(including county) Harris County
Houston, Texas 77027
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 all those certain lots, tracts or parcels of land lying and being situated in
Brazos County, Texas, and being Tract G -lA, Tract G -2A, and Tract G -2B,
Ponderosa Place, Section Two, according to the plat recorded in Volume 4734,
Page 122, Official Records of Brazos County, Texas.
Being part of the property described in Special Warranty Deed with Vendor's Lien
dated June 6, 2002, from The Spearman Marital Trust established under the Will
of Robert F. Spearman, deceased, Patricia Creekmore Spearman aka Patsy
Creekmore Spearman, and Don Dillon to College Station/MPI, Ltd., a Texas
limited partnership, recorded in Volume 4669, Page 229, Official Records of
Brazos County, Texas, and part of the property described in Warrant Deed with
Vendor's Lien dated June 28, 2002, from R & S Leasing, a Texas General
Partnership to College Station/MPI, Ltd., recorded in Volume 4704, Page 284, of
the 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.
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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 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.
COLLEGE STATION/MPI, LTD.,
a Texas Limited Partnership
By: MADDOX PROPERTIES, INC.,
/ - - N Texas corporation, General Partner
ice
CONSENT AND SUBORDINATION BY LIENHOLDER
Lienholder, as the holder of lien(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.
WALLIS STATE BANK
LINDA S. HUNTER, ASST. VICE PRESIDENT
APPROVED AS TO FORM.
THIS DOCUMENT MAY NOT
BE CHANGED WITHOUT
RE- SUBMISSION FOR APPROVAL.
i
City Attorney
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00792559 OR 4909
THE STATE OF TEXAS
COUNTY OF BRAZOS
ACKNOWLEDGMENT
This instrument was acknowledged before me on the day of 1 `' , 2002, by
JIM MADDOX, Vice - President of MADDOX PROPERTIES, INC., a Texas corporation,
General Partner of COLLEGE STATION/MPI, LTD., a Texas limited partnership, on behalf of
said partnership.
THE STATE OF TEXAS
AUSTIN
COUNTY OF BRA26S'
ACKNOWLEDGMENT
This instrument was acknowledged before me on the 7TH day of ocToBER , 2002, by
LINDA S . HUNTER , ASST. VICE PRESIDEpf WALLIS STATE BANK, on behalf of said
bank.
?'� JENNIFER ZUROVEC
MY COMMISSION EXPIRES
S"Wbv 14, W
PREPARED IN THE OFFICE OF:
City of College Station
Legal Department
P.O. Box 9960
College Station, Texas 77842 -9960
tary P t �k'irllaffd for the State of Texas
RETURN ORIGINAL DOCUMENT TO:
City of College Station
Legal Department
P.O. Box 9960
College Station, Texas 77842 -9960
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