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Home My WebLink AboutEASEMENT • 00829289 OR Vol 55 295 PUBLIC UTILITY EASEMENT DATE: Se p212.. 3 23 GRANTORS: C. CARL KOLBE and JEANNE KOLBE GRANTORS' MAILING ADDRESS: 2744 Horseback Court 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 0.13 acre tract or parcel of land lying and being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas and being a portion of that same 23.75 acre composite tract conveyed to C. Carl Kolbe, et ux, as described by deeds recorded in Volume 2558, Page 126, Volume 3213, Page 335, and Volume 3213, Page 339, of the Official Records of Brazos County, Texas, said 0.13 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; Storni sewers and collection facilities; Television, telephone, and communications lines; Drainage ditches, drainage pipes and all other drainage structures, surface and subsurface; upon, over, and across the said Property as described and any ways, streets, roads, or alleys abutting same; and to cut, trim, and control the growth of trees and other vegetation on and in the Easement Area or on adjoining property of Grantors, which might interfere with or threaten the Page 1 Bg/ legal... group(o) /easements/kolbe/public utility easement.doc 08/09/2003 Doc OR 554 296 Vol 9 operation and maintenance of any public utility equipment, accessories, or operations. It being understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of Grantee. 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: 1. Royalty interest in all of the oil, gas and other minerals in and under the herein described property conveyed to Michael Wayne Thiltgen by Lydia Boriskie in instrument dated February 10, 1982, recorded in Volume 510, page 482 of the Deed Records of Brazos County, Texas. 2. Royalty interest in all of the oil, gas and other minerals in and under the herein described property conveyed to Virginia Joy Hermann by Lydia Boriskie in instrument dated February 10, 1982, recorded in Volume 510, page 493 of the Deed Records of Brazos County, Texas. 3. Mineral Reservation as set out in deed dated April 6,1994 from Michael Thiltgen and wife, Cheryl Thiltgen to Burton Ray Hermann and wife, Virginia Boriski Hermann, recorded in Volume 2085, page 289, Official Records of Brazos County, Texas. 4. Mineral Reservation as set out in deed dated March 15, 1996 from Burton Ray Hermann and Virginia Boriskie Hermann to C. Carl Kolbe and Jeanne Kolbe, recorded in Volume 2558, page 133, Official Records of Brazos County, Texas. 5. Mineral Reservation as set out in deed dated August 4, 1998 from Burton Ray Hermann and Virginia Boriskie Hermann to C. Carl Kolbe and Jeanne Kolbe, recorded in Volume 3213, page 335, Official Records of Brazos County, Texas. 6. Estate created by oil, gas and mineral lease granted to Baker Exploration Company by Michael Wayne Thiltgen, Executor of the Estate of Lydia Frances Boriskie, Deceased by instrument dated July 31, 1990 and recorded in Volume 1210, page 371 of the Official Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Said lease amended in instruments recorded in Volume 1317, page 199, Volume 1319, page 7 and Volume 2385, page 89, all in the Official Records of Brazos County, Texas. 7. Estate created by oil, gas and mineral lease granted to Baker Exploration Company by Virginia Hermann by instrument dated September 21,1995 and recorded in Volume 2463, page 13 of the Official Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. 8. Estate created by oil, gas and mineral lease granted to Baker Exploration Company by Michael Wayne Thiltgen by instrument dated September 21, 1995 and recorded in Volume 2463, page 21 of the Official Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Page 2 Bg/legal... group(o) /easements/kolbe/public utility easement.doc 08/09/2003 Doc Bk Vol Pg _ 00829289 OR 5594 297 TO HAVE AND TO HOLD, the rights and interests herein described unto the CITY OF COLLEGE STATION, TEAS, 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. t CA& C. CARL KOLBE � /G� • • � • ;NNE KOLBE 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. CITIFINANCIAL MORTGAGE, successor in interest to ASSOCIATES FINANCIAL SERVICES COMPANY By: ttl'v �, iI Prin N e: 5 v ., /� 6}-0 Title: V • P APPROVED: • i / City Attorney THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on this 3Alday of 2003, by C. CARL KOLBE. !0 > BRENDA S. GODFREY it c NOTARY PUBLIC 'c State of Texas c al fUF * h Comm. Exp. 0401 -2007 ? �c < 0. ��l>L � �_ Notary Public in and for the State of ' = as Page 3 Bg/ legal... group(o) /easements/kolbe/public utility easement.doc 08/09/2003 Doc OR Vol 9 559 298 THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on this day of , 2003, by JEANNE KOLBE. 4 BRENDA S. GODFREY ) � '� NOTARY PUBLIC 'c 'A o , r �t q State of Texas ;c • ) ) c l EOr� }� Comm. Exn. 04 -01-2007 ,{ Notary Public in and for the S ; of T xas >l Jl l llJll!!JlIJ!lJJIlJI THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF 6S - D.? § r -P � This instrum - it .s acknowledged before me on this J day ofQ J,e few be r• , 2003, by S co r *de/ ,,,y j/, • tee «,�.7bf CITIFINANCIAL MCTGAGE, successor in interest to ASSO IATES FINANCIAL SERVICES COMPANY. !� dor- de r .1n,, Public in and for the tate of Texas s��' �: LORETTA COOPER ' " MY COMMISSION EXPIRES March 6, 2007 PREPARED IN THE OFFICE OF: AFTER RECORDING, RETURN TO: City of College Station City of College Station Legal Department Legal Department P.O. Box 9960 P.O. Box 9960 College Station, Texas 77842 -9960 College Station, Texas 77842 -9960 Page 4 Bg/legal... group(o) /easements/kolbe /public utility easement.doc 08/09/2003 Doc Bk Vol Pg 00829289 OR 5594 299 • METES AND BOUNDS DESCRIPTION OFA 0.13 ACRE TRACT TRACT ONE (A 20' UTILITY EASEMENT) MORGAN RECTOR LEAGUE, ABSTRACT NO. 46 COLLEGE STATON, BRAZOS COUNTY, TEXAS Metes and bounds description of all that certain 0.13 acre tract or parcel of land, being a 20' wide utility easement, lying and being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas and being a portion of that same 23.75 acre composite tract conveyed to C. Carl Kolbe, et ux, as described by deeds recorded in VOLUME 2558 PAGE 126, VOLUME 3213 PAGE 335, and VOLUME 3213 PAGE 339 of the Official Records of Brazos County, Texas, said 0.13 acre tract being more particularly described as follows: COMMENCING at a'' V2" iron rod found marking an angle point in the southwest line of said 23.75 acre tract and the east line of the called 40.38 acre remainder of that same called 163.50 acre tract conveyed to Burton R. Hermann, et ux, as described by deed recorded in VOLUME 2085 PAGE 289 of said Official Records; THENCE N 12° 36' 09" W — 62.05 feet with the common line between said 23.75 acre composite tract and said called 40.38 acre remainder tract to a point for the PLACE OF BEGINNNG; THENCE N 12° 36' 09" W — 145.27 feet with said common line to a point for corner; THENCE S 20° 30' 57" E — 346.70 feet across said 23.75 acre tract to a point for corner; THENCE S 18° 34' 14" W — 31.72 feet across said tract to a point for corner; THENCE N 20° 30' 57" W— 227.43 feet across said tract to the PLACE OF BEGINNING and containing 0.13 acres of land. BASIS BEARING: Plat Lot 1 of Horse Haven Estates, as recorded in VOLUME 4285 PAGE 35. May 2003 P • T q,c�.'� Municipal Development Group .7 o•9N College Station, Texas 3075 �P; �.( Prepared by \ -7 "v• ° - ess. O1 Gregory . Ta art Z�3 AO �:: f cl � R.P.L. . No. 5676 z 3 " 000751 -f.23 EXHIBIT / a Ell a_ "4 c = i NM "IN �• "'S ` N O n 1 m l is