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Home My WebLink About03-00500176- 00076224 Doc Bk Vol Pg 00840566 OR 5781 137 • UTILITY EASEMENT DATE: l�. - b3 GRANTOR: EDELWEISS GARTEN VENTURE, a Texas Joint Venture GRANTOR'S MAILING ADDRESS: 1101 University Drive East, Suite 108 (including county) Brazos County College Station, Texas 77840 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 tract or parcel of land containing 0.2236 acres of land, more or less, lying and being situated in the Robert Stevenson League, Abstract No. 54, in College Station, Brazos County, Texas, being a part of the 86.028 acre tract described in the deed from Donald F. Carroll to Edelweiss Garten Venture recorded in Volume 4167, Page 212, of the Official Records of Brazos County, Texas, and said 0.2236 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 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: Sanitary sewer lines, water lines, connecting lines, access facilities, communications lines and related equipment; upon, over, under and across the said Property as described and any ways, streets, roads, or alleys abutting same; and the right to cut, trim, and control the growth of trees and other vegetation on and in the Easement Area or on adjoining property of GRANTOR, which might interfere with or threaten the operation and maintenance of any public utility equipment, accessories, or operations and as may be necessary to prevent possible interference with the operations of said facilities and/or equipment or to remove possible hazards thereto. It being understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of GRANTEE. Bg/legal... group (o) /easements /edelweiss /0.2236 acre sanitary sewer /easement.doc 12/01/20(1? i 00840566 OR 5781 138 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. 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 itself, its 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. EDELWEISS GARTEN VENTURE, a Texas Joint Venture By: _ / 4 r S ' P." N ARDEN al14----- Joint Venturer and Manager of the Joint Venture 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 By:.,:' ( .ti... Printed Name: . , ITZ��N Title: Sit _V/a � { .x.12., APPROVED AS TO FORM: THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SUBMISSION FOR APPROVAL 4 6a/kt"t31/4- City Attorney . 4 2 Bg/legal...group(o) /easements /edelweiss/0.1236 acre sanitary sewer /easement.doc 12/02/2003 Doc Bk Vo1 Pg 00840566 OR 5781 139 THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS §`y This instrument was acknowledged before me on the /5 day of ✓' ecelitkr , 2003, by J. STEPHEN ARDEN, Manager and Joint Venturer of EDELWEISS GARTEN VENTURE, a Texas Joint Venture, on behalf of EDELWEISS GARTEN VENTURE, a Texas Joint Venture. ?o � LAURA HUGHES * � * Notary Public, State of Texas Q � j y� / / My Commission Expires PUBLIC in and f e i "tate of Texas � �a` NOVEMBER 29, 2004 NOTAR THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § T is ips • ent was ackn wledged be or e 9;14. e 1( day of U:0/14'44;2003, by _ > a /b , , (Wulff- V l CC r 'f AMERICAN BANK, SSB, on behalf of said FIRkT • ERICAN BANK, SSB. �o t,�� DENISE M. JOINER 00'L(2Q� t �� Nota Publi, State of Texas My Commission Ex pires NOTARY PUBLIC in d for the State of Texas a. NOVEMBER 24, 2006 PREPARED IN THE OFFICE OF: RETURN ORIGINAL DOCUMENT TO: City of College Station City of College Station Legal Department Legal Department P.O. Box 9960 P.O. Box 9960 College Station, TX 77842 -9960 College Station, TX 77842 -9960 3 Bg/legal... group (o) /easements /edelweiss /0.2236 acre sanitary sewer /easement.doc 12/02/2003 tsK VUJ m 00840566 OR 5781 140 8 `' CR PI ... ,,„A I` N ; 11 SP R N p O 1 $I a boo N v G�5G - -- i . ∎ LJ - -- \ cnzzzcn o 4: w .r' -A z = cif' oow° mmm ** \ !\ -4 , 0 _ co Co CA 4 t • O • C c o ct Ov� r. 5.s. , \\ Svc„ m 0, N `.‘‘,. r \ \ (la "fir \ , ,: ti \ \ \\ a l ha V1 ` CO R. I F w .. o 1 ^ Ti.. ;jf. . 11 \ ' ' A 'sl 'A . f1/41. O N N O 71/4'4 1 i "` # -s (:! c 1 ;; Rl �'y I.oca l S , I C c ti. N , a 0 ?, a i R o -; -.'` 8. n . j _ i 1 0 gz vo I t Q N MI'' — ' � o 3 _ - - - — _� Ylctodo Avenue <1111 l as A r — — — -If--- Vol 4444 P9 28 t`i . 2!i w NI 1 -- �'�N�67?f'w � ( 1 _ v � � s w � I 12. 10 0 ' uN � Victoria Avenue Cr, ------ — — $ v A N M CV / O'er N I / , C 9j N. � N O 1,.. x-Inli — 4 i � b __ L; . Snow Court w 1 ,„ . 6 k. EX D OR 5781 141 Page 2 of 2 FIELD NOTES 0.2236 Acres Being all that certain tract or parcel of land lying and being situated in the ROBERT STEVENSON LEAGUE, Abstract No. 54 in College Station, Brazos County, Texas and being part of the 86.028 acre tract described in the deed from Donald F. Carroll to Edelweiss Gartens Venture recorded in Volume 4167, Page 212 of the Official Records of Brazos County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows: COMMENCING: at a found 1/2 -inch iron rod beside a cross -tie fence comer at the most easterly corner of the said 86.028 acre tract, said iron rod also marking the most northerly corner of the Bald Prairie Subdivision as described by plat recorded in Volume 321, Page 571 of the Deed Records of Brazos County, Texas (B.C.D.R.) and being in the southwest line of the BCS Development Company 89.544 acre tract described in Volume 4026, Page 269 (O.R.B.C.); THENCE: N 48' 26' 04" W along the common line of the said 86.028 acre and 89.544 acre tracts for a distance of 125.00 feet to the POINT OF BEGINNING; THENCE: into the interior of the said 86.028 acre tract for the following six (6) calls: 1) S 42' 04' 04" W for a distance of 514.13 feet for corner, 2) S 55' 31' 43" W for a distance of 138.92 feet to a point in the southeast line of the 7.743 acre City Park as described by plat recorded in Volume 5190, Page 161 (O.R.B.C.), 3) N 29' 49' 40" W along said Park tract for a distance of 8.50 feet to a found 1/2 -inch iron rod marking an angle point in the beforesaid Park tract, 4) N 08' 34' 30" E continuing along said Park tract for a distance of 8.94 feet for corner, 5) N 55' 31' 43" E for a distance of 130.37 feet for corner and 6) N 42' 04' 04" E for a distance of 512.23 feet to a point in the beforementioned common line of the 86.028 acre tract and the 89.544 acre tract; THENCE: S 48' 26' 04" E for a distance of 15.00 feet to the POINT OF BEGINNING and containing 0.2236 acres of land, more or less. I, Kevin R. McClure, Registered Professional Land Surveyor No. 5650 in the State of Texas do certify that this survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category 1B, Condition II Survey. EXHIBIT A Kevin R. McClure, RP.L.S. #5650 • KEVIN R•- , 5650 . Sek, ktffi "k Stick P' R. t a • ro A a� r I m n a cy • F,