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HomeMy WebLinkAbouteasementMEMORANDUM TO: Bridgette George, Development Services FROM: Brenda Godfrey, Legal Assistant, Legal Department SUBJECT: Public Utility Easement - Marek Brothers Construction, Inc. 3318.0 square feet of land out of Lot 1, Block 1, of the Jordan Subdivision, City of College Station, Brazos County, Texas DATE: November 12, 2002 Enclosed is a copy of the Public Utility Easement dated October 25, 2002, from Marek Brothers Construciton, Inc. to the City of College Station, Texas, recorded in Volume 4931, Page 216, of the Official Records of Brazos County, Texas. Thanks, Brenda Doc Bk Vol Pg 00793713 OR 4931 217 understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of GRANTEE. GRANTOR expressly subordinates 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. GRANTOR will provide GRANTEE with the names and addresses of all lenders. 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 GRANTOR does hereby bind himself, his heirs, executors and administrators, 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. EXECUTED this 25Tday of 0V - , 2002. 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. WELLS FARGO BANK TEXAS, N.A. By: Printed N Title: Soc l Ui G2 _ ~-1 APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL City Attorney bg/group/o/easements/marek/easement. doc 09/10/02 MAREK BROTHERS CONSTRUCTION, INC. Doc Bk Vol Pg 00793713 OR 4931 217 understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of GRANTEE. GRANTOR expressly subordinates 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 subordination on behalf of GRANTEE. GRANTOR will provide GRANTEE with the names and addresses of all lenders. 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 GRANTOR does hereby bind himself, his heirs, executors and administrators, 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. 2002. EXECUTED this ~ day of • 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. WELLS FARGO BANK TEXAS, N.A. By: A'CL Printed N/ G16-`?`r- l`r3Sac Ia U - h1 Title: APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL City Attorney 2 bg/group/o/easements/marek/easement.doc 09/10/02 MAREK BROTHERS CONSTRUCTION, INC. Doe Bk Vol Pg 00793713 OR 4931 218 THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § Thies' e~}t was acknowledged jb o e me on this ~ day of C , 2002, by I CL I(~_ } (Qr i(L u~ of MAREK BROTHERS CONSTRUCTION, INC., a Texas corporation. No ary ublic in and for State of Texas s P. J. PHIWPS MY COMMISSION EXPIRES 1 March 30, 2009 THE STATE OF TEXAS § COUNTY OF BRAZOS § ACKNOWLEDGMENT n Thi instrument was kn ledged before me on the 7-jrq day of 2002, by -ffin~ft-' C of WELLS FARGO BANK TEXAS, N.A., on behalf said bank. Notary Public in and for the State of Texas PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842-9960 RETURN ORIGINAL DOCUMENT TO: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842-9960 P. J. PHILLIPS ;E` MY COMMISSION ikES X009 bg/group/o/easements/marek/easement.doc 09/18/02 219 00 793713 OR 49311 9 A boundary description for an easement covering the water line and fire hydrant in the Pat and Joe Marek Mini-Storage Project at 3820 Harvey Road. Beginning at a point, said point being the Northwest corner of Lot 1 Block 1 of the Jordan Subdivision in the City of College Station, Texas, said point also lying in the Southeast R.O.W. line of State Highway 30 (Harvey Road). Thence N 45 ° 03'43 " E along the Northwest property line of Lot 1 Block 1 of the Jordan Subdivision, same being the Southeast R.O.W. line of State Highway 30, 108.52 feet to the Point of Beginning; Thence S 44° 53'55" E along a line, said line being parallel to and 108.52 feet northeast of the southwest line of Lot 1 Block 1, a distance of 305.93 feet to a point for comer and an angle to the right; Thence S 45 ° 06' 05" W a distance of 15.87 feet to a point for corner; Thence S 44° 53' 55" E a distance of 10.00 feet to a point for corner; Thence N 45 ° 06'05" E a distance of 25.87 feet to a point for corner, Thence N 44° 53'55" W a distance of 315.94 feet to a point for corner, said point lying in the Southeast R.O.W. of State Highway 30; Thence S 45 03 43 W along the Southeast R.O.W. line of State Highway 30 a distance of 10.00 feet to the point of Beginning, containing approximately 3,318.0 sq. ft. more or less. Ur .I~ ................I....I ELREY Q. ASH, II .f•........ 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