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TEMPORARY BLANKET UTILITY EASEMENT
DATE:
GRANTOR:
//. /.y c Z
GEORGE WARNY
GRANTOR'S MAILING ADDRESS: 4 Bayou Road
(including county) County
Lake Jackson, Texas 77566
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 a tract of land containing 362,802 square feet (8.3288 acres) situated in the
Crawford Burnett Survey, A -7, in Brazos County, Texas, and being Lot 1R and
Lot 2R, Amended Plat of Regency Square, a subdivision recorded in Volume
4649, Page 81 of the Official Records of Brazos County, Texas, said 362,802
square feet (8.3288 acres) being more particularly described by metes and bounds
on Exhibit "A" attached hereto and made a part hereof for all intents and purposes
and depicted on survey plat attached hereto as Exhibit "B ".
Being the same property described in Warranty Deed with Vendor's Lien dated
July 15, 2002, from GCS /CCC Realty Partnership, a Texas partnership composed
of GCSRE, Inc., a Texas corporation and MWC Inc., a Texas corporation, to
George Warny, recorded in Volume 4728, Page 241, 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:
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.
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OW797981 BR 50UO2 10
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.
i
9
GEORG WARNY
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.
FIRST AMERICAN BANK, SSB.,
A TEXAS STATE SAVINGS BANK
By: c_.
__ VJ r —1 �
Printed Nam : : t a
Title:
APPROVED AS TO FORM.
THIS DOCUMENT MAY NOT
BE CHANGED WITHOUT
RE- SUBMISSION FOR APPROVAL.
te
City Attorney
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00797981 OR 50018 104
THE STATE OF TEXAS § ACKNOWLEDGMENT
COUNTY OF BRAZOS § '
A
This instrument was acknowledged before me on the 14. " day of - IA& x N-Al 9
2002, by GEORGE WARNY.
ELIZAaM W TUMLINSON
Notary Public
Sbtts of Taxes
My Commission Expires
P-rdl 16, 2006
Ndtarybablic in and fort a State of Texas
THE STATE OF TEXAS
COUNTY OF BRAZOS
ACKNOWLEDGMENT
-1-k
This instrument was acknowledged before me on the 14 - day of _ , 2002, by
\/An Eman , Q� \j i C G of FIRST AMERICAN BANK, SSB, A
TEXAS STATE SAVINGS BANK on behalf of said bank.
pre5'ide n+
E IZABETH W TUMLINSON
Notary Public
State of Two
My Commission Expires
April 16, 2008
PREPARED IN THE OFFICE OF:
City of College Station
Legal Department
P.O. Box 9960
College Station, Texas 77842 -9960
0 , :. 0 � A-q � � J X_km�L p t ft
N ary blic in and 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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00797981 OR 5008 105
DESCRIPTION OF A TRACT OF LAND CONTAINING
362,802 SQUARE FEET (8.3288 ACRES) SITUATED
IN THE CRAWFORD BURNETT SURVEY, A -7,
BRAZOS COUNTY, TEXAS:
Being a tract of land containing 362,802 square feet (8.3288 acres) situated in the Crawford
Burnett Survey, A -7in Brazos County, Texas, and being Lot 1 R and Lot 2R, Amended Plat of
Regency Square, a subdivision recorded in Volume 4649, Page 81 of the Map Records of Brazos
County, Texas, as conveyed unto GCS /CCC Realty Partnership by deed recorded in Volume 1556,
Page 15 of the Deed Records of Brazos County, Texas. Said 8.3288 acres tract being more
particularly described by metes and bounds as follows:
COMMENCING FOR REFERENCE at a found 5/8 -inch iron rod located in the southeast right -of-
way line of Holleman Drive (60 feet wide) for the north corner of said Lot 2R and the west corner of
Lot 1, Pecan Tree Estates Subdivision, Phase 1 as recorded in Volume 351, Page 839 of the Map of
Records of Brazos County, Texas; Said reference is also the Point of Beginning.
THENCE South 37 54' 48" East with the northeast line of said Lot 2R and the southwest line of
said Pecan Tree Estates Subdivision, a distance of 549.09 feet to a found 5/8 -inch iron rod for the
east corner of said Lot 2R, the south corner of Lot 9 of said Pecan Tree Estates Subdivision, the west
corner of Lot 10 of said Pecan Tree Estates Subdivision and the north corner of a 5.06 -acre tract as
conveyed unto Eunice Williams by deed recorded in Volume 277, Page 300 of the Deed Records of
Brazos County, Texas;
THENCE South 43 54' 38" West with the southeast line of said Lot 2R and the northwest line of
said 5.06 -acre tract, a distance of 784.03 feet to a point;
THENCE North 30 58' 14" West a distance of 334.10 feet to a corner. Said corner is also the
southwest corner of Lot 17, Regency Square Subdivision, Volume 771, Page 103 of the Map Records
of Brazos County, Texas;
THENCE North 41 59' 41" East along the southern line of said Lot 17 a distance of 215.69 feet
to the southeastern corner of said Lot 17;
THENCE North 37 54'30" West along the eastern line of said Lot 17 a distance of 168.23 feet to
a point of curvature;
THENCE along a curve having a radius of 25.00 feet and a cord bearing North 87 35' 04" West
and cord distance of 38.12 feet to a point of curvature;
THENCE along a curve having a radius of 984.93 feet and a cord bearing North 42 21'31" East
and a cord distance of 12.51 feet to the northeastern corner of said Lot 17, also being the
northwestern point of said 8.3288 acres tract;
THENCE North 41 59'41" East along Holleman Drive south R.O.W. line, also being the northern
property line of said 8.3288 acres tract, a distance of 548.58 feet to the Point of Beginning and
containing 362,802 feet (8.3288 acres) of land, more or less.
Compiled by:
Innovative Engineering Design Inc.
2929 Briarpark, Suite 329
Houston, Texas 77042
OF 7
JOSEPH $. A>':SCA;ID
August 21,2002
-69 804
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00797981 OR 5008 1016
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08597981 OR 5008 107
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Filed for Record in:
BRAZOS COUNTY
On: Dec 17,2002 at 01 :14P
As a
Recordings
Docunnt Nuuberi 00797981
Amount 16.00
Receipt Number — 208192
Jo Gillar By,
STALE ff TES CM T
I hereby hat this instruent vas
filed on the date and tin starppeedd hereon by ae
and vas duly recorded in the voluac and page
of the noted mwds of:
IM MWTY
as staaped hereon by n.
Dec 17, 2002
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