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Home My WebLink AboutPayment Bond Doc Bk Vol P9 0102034 OR 9156 6 Exhibit "B" PAYMENT BOND Bond # PRF7607895 KNOW ALL MEN BY THESE PRESENTS, That Warwick Construction, Inc. (hereinafter called the "Principal "), as Principal and Fidelity and Deposit Company of Maryland Colonial Arneson Casualty and Surety Company , a corporation, duly authorized to do business in Arkansas, (hereinafter called the « Surety"), are held and firmly bound unto WAL -MART STORES, INC. (hereinafter called the "Obligee "), and its representatives, successors and assigns, In The sum of Eighty Two Thousand Seven Hundred Fifty Eight and no1100's" Dollars ($82,75s.ao ) for the payment of which sum well and truly to be made the said Principal and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal has been awarded a contract with Obligee for Wal -Mart, 2200 Brlarcrest Dr., Bryan, TX 77802 (hereinafter called the "Contract ") and which Contract is hereby referred to and incorporated by express reference as if fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal shalt promptly make payment in full to all persons or entities supplying labor, material, supplies, services, utilities and equipment in the prosecution of the work provided for in said Contract and any and all modifications of said Contract that may hereafter be made, and shall indemnify and save harmless said Obligee of and from any and all loss, damage, and expense, including costs and attorneys' fees, which the said Obligee may sustain by reason of Principal's failure to do so, then this obligation shall be null and void; otherwise it shall remain In full force and effect. The said Surety agrees that no change, extension of time, alteration, addition, omission, waiver, or other modification of the terms of either the said Contract or in the saki work to be perforfned, or in the specifications, or in the plans,. or in the Contract documents, or any forbearance on the part of either the Obligee or Principal to the other, shall in any way affect its obligation on this Bond, and Surety does hereby waive notice of any such changes, extensions of time, alterations, additions, omissions, waivers, or other modifications. The said Principal and the said Surety agree that this Bond shall Inure to the benefit of all persons or entitles as supplying labor, material, supplies, services, utilities and equipment in the &prosecution of the work provided for in said Contract, as well as to the Obligee, and that any of such persons or entitles may maintain independent actions upon this Bond in the name of the person or entities bringing any such action. The parties executing this Bond on behalf of Principal and Surety represent and warrant that they are duly authorized to bind the Principal and Surety, respectively. 00600-38 10/27106 Supplementary Condukn Io General Condition alike Contract far Contraction AM Document idiom 1997 • 1 I1 Dot B{; Vol Ps 01032034 0k 4156 7 Exhibit "B' PAYMENT BOND IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this 16th day of April , 20 09, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. PRINCIPAL: Warwick Construction, Inc. _ By: - Brvu 1 bo w4"-- Title: V *rP _ Po-estclp.0 365 FM 1959, STE A, Houston, Tx 77034 (Principal's Address) • Witness: Iii aC ∎ Or • -! retary's Attest [SEAL] Fidelity and Deposit Company of Maryland SURETY: Colonial American Casualty and Surety Company _ l I2 By: Title: William D. Birdsong, Attorney4n -Fa 3910 Keswick Road, Baltimore, MD 21211 (Surety's Address) Witness: .440A • Or Se -tary's Attest [SEAL] Attach Power of Attomey if executed by attomey -in -fact on behalf of Surety 00800 -39 10/27/06 Slippiernentory Condition: to General Condition dike Contract for Construction 4/4 Document A201— Fifteenth Edition, 1997 1 1 I --- Doc Bk Vol Fa 01032034 DR 9156 8 Exhibit "A" Bond # PRF7607895 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That Warwick Construction, Inc. (hereinafter called the "Principal "), as Principal and Fidelity and nappalt t'nmpapy of m Colonial American Casualty and Surety Comeau a corporation, duiy authorized to do business in Arkansas (hereinafter called the 'Surety"), are held and firmly bound unto WAL -MART STORES, INC. (hereinafter called the 'Obligee "), and its representatives, successors and assigns, in the sum of Eighty Two Thousand Seven Hundred Fifty Eight and nnHOQ's ;** Dollars ($ alga no ) for the payment of which sum well and truly to be made the • said Principal and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has been awarded a contract with Obligee for Wal-Mart, 2200 Briarcrest Dr.. Bryan l 7781V2 (hereinafter called the "Contract ') and which Contract is hereby referred to and incorporated by express reference as if fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Principal shall well and truly perform all the work, undertakings, covenants, terms, conditions, and `agreements of said Contract within the time provided therein and any extensions thereof that may be granted by Obligee, and during the fife of any maintenance obligation, guaranty or warranty required under said Contract, and shad also well and truly perform all the undertakings, covenants, terms, conditions, and agreements of any and all modifications of said Contract that may hereafter be made, and shall Indemnify and save harmless said Obligee of and from any and all loss, damage, and expense, including costs and attorneys' fees, which the said Obligee may sustain by reason of Principal's failure to do so, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The said Surety agrees that no change, extension of time, alteration, addition, omission, waiver, or other modification of the terms of either the said Contract or in the said work to be performed, or in the specifications, or In the plans, or in the Contract documents, or any forbearance on the part of either the Obligee or Surety to the other, shall in any way affect said Surety's obligation on this Bond, and said Surety does hereby waive notice of any such changes, extensions of time, alterations, additions, omissions, waivers, or other modifications. The parties executing this Bond on behalf of Principal and Surety represent and warrant that they are duly authorized to bind the Principal and Surety, respectively. 00800-35 10127105 Supplementary Condition: to General Conlrtton gam C ntr for Coraavcrfan .414 Document 420/ -F' ?own Edition, 417 1 i 11 Doc Bk Vol Ps 01032034 DR 9156 9 Exhibit "A" PERFORMANCE BOND IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals this 16th day of April , 20 09 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by Its undersigned representative, pursuant to authority of its governing body. PRINCIPAL; Warwick Construction, Inc. By: ‘‘' Title:. 365 FM 1959, STE A, Houston, Tx 77034 { t (Principal's Address) Witness: Or Secretary's Attest [SEAL] Fidel and Deposit posit Company of Maryland SURETY: Colonial Amerlean Casualty and Surety Company • By: Title: William D. Birdsong, Attornev -In -Fact • 3910 Keswick Road, Baltimore, MD 21211 (Surety's Address) Witness: Or Se &etary's • ttest 00800 -38 10t2T,0$ $ pples ttary Candulant 0 Genera! Condition of the Contrail for Carsont aa 414 Docao F{/►eeiuh Zack 1997 • . I1 - - Gar Bic Vol Ps 01032034 OR 9156 10 Exhibit "A" PERFORMANCE BOND [SEAL] Attach Power of Attorney f executed b Y by attorney -in -fact on behalf of Surety 00800 -37 10/27/06 Supplementary Conditions to Genera! Condition opt. Contraet for Constnrerton NZ! Document A201 —"Puna Edition, IPP7 I Ii Go.: ilk Vol Fs 01032034 OR 415E 11 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of theS , a ryland, by WILLIAM �',•' 1 . J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursua ! e s t • ted by Article VI, Section 2, of the By -Laws of said Companies, which are set forth on • ._tI TA" , • • , , , ' eby certified to be in full force and effect on the date hereof, does hereby note' ► , .rt ,'I�i'�'�'.. , a1F;+► E, Sam R K1MMELL, William 1D. BIRDSONG and Gin t 'gal ' ' al . �'v + tne and lawful agent and Attorney -in -Fact, to make, execute, sea (1,1i :.4 d ��' .Z4 J -% , and as its act and deed: any and all bonds and undertakings, c i . *. ' • d t ' neuters, Community Survivors and Community Guar } ,� or undertakings p , binding rh` COS, s xec . � • ,4. ;� • � .,.,, �- gs in pursuance of those resents shall be as bindin upon said Compani T: t� ta w ' tents and purposes, as if they had been duly executed and acknowledged by the regularly elected, ,„ parry at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that Ts • on behalf of Wm. W. GEORGE, Sam R. KIMMELL, William D. BIRDSONG, Ginger HOKE, dated January 14, 2000. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force. 1N WITNESS WHEREOF, the said Vice- President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 21st day of September, A.D. 2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY to 04/, 01144. olem UAL 1.49 By: Eric D. Barnes Assistant Secretary William J. Mills Vice President State of Maryland City of Baltimore ' On this 21st day of September, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, carne WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Gtrr.I .p. 92 020-x-7 Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA.F 168 - 0248 ! 1 1 1 -- Cor Blt Vol Ps 010732034 OR 9154. .12 • EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, -undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto? EXTRACT FROM BY -LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice- President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the Sth day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed? IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this / ( day of / '¢ ,,,?009 • Assistant Secretary .. . .. ..._ _,.... , _......._ _... _ ..... _. 01032034 Doc Bk Vol Qfi ?15� �1:? F D Fidelity and Deposit Companies Rom Office: 9910 &crick Raid a r err +tea 1+SD 21211 LIVIPORTANT NOT/CE To obtain information or make acomplaint: You may call the Fidelity and Deposit Company of Marl, Colonial American Casualty and Swett' Company, andlor Zurich American Insurance Company's toll -free telephone number for information or to make a comps at: 1400- 654 -5155 You may contact the Texas Department of insurance to obtain information on companies, covemgea dpj or oomP at: • 1.500.2533439 You may write the Texas Department of Insurance: P.O. Bart 149144 Austin, TX 78714.9104 PAX I(512) 475.1771 P1EMMU OR Cf. DL, Should you have a dispute about a claim,, you should first contact Fidelity and Deposit Company of the or fo American of In and ,,e Company. lithe dispute is not resolved, you may contact the Texas not become a part or condition of the attached doaum � notice is for information only end does +4 COMM 1 Doc. Bk Vol Fs `11032034 OR 9156 125 NOTICE You are hereby notified that the attached Release of Lien Bond has been filed in the Official Records of Brazos County, Bryan, Texas. Said lien bond was duly recorded under clerks file number (1 1 3 , Q7 y-, Vol. 915 (o Page 4 of the Official Records of Brazos County, Texas. Signed this the 17th day of June, 2009. 6 41-n. Wie Q - C - - rA;L Karen McQueen, County Clerk Brazos County, Texas ' r T . ` I L r • • c' r . Doc F.k. Vol F's 01032034 OR 9156 12 CERTIFICATE OF MAILING I do hereby certify that 1 have mailed, by certified United States mail, return receipt requested to: • • Wal-Mart 2200 Briarcrest Drive Bryan, Texas 77802 A copy of the Lien Bond and Notice, recorded under clerks file number 0 1 ? 2 a? y Vag 1,510 Page 6 of the Official Records of Brazos County, Texas. • Signed this the 17th day ofJune, 2009. Karen McQueen, County Clerk Brazos County, Texas .4=4" C°U.4 • n ...... i 5k^ se . ``• • • . 14. .34 • • if-;;.`' ;44,, ' t 1 • ,‘ 1 • , • 0 sa ro. 1 m § ' I. •";' g B g E gsr ff A F.:4 rt•-•• gip r s .4.!fg. mU g I 14 .1 • ••• • cp. • —4 5 • 742. re • ka er • S 151 MW Doc 01032061 DR 9 15 6 F' .l$6 f r7 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL 01? TEIE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. College Station, TX Store No. 1150-08 TEMPORARY UTILITY EASEMENT DATE: pg 1 ,C. / , 2009 GRANTOR: As used herein, the term "Grantor" shall mean: WAL -MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust (" Mart"), with regard to the Wal -Mart Parcel (defined below) and WAL -MART TRS, LLC, a Delaware limited liability company ( with regard to the TRS Parcel (defined below) GRANTOR'S MAILING ADDRESS: 2001 S.E. 10 Street (including County) Benton County Bentonville, Arkansas 72716 -0550 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS; 1101 Texas Avenue (including county) Brazos County College Station, Texas 77842 PROPERTY: Wal -Mart is the owner of that certain parcel identified as the "Wal-Mart Pared' on the Site Plan attached hereto as Exhibit A (the "Site Plan ") and being more particularly described on Exhibit B attached hereto. TRS is the owner of that certain parcel identified as the "TRS Parcel' on the Site Plan and being more particularly described on Exhibit C attached hereto. As used herein, the term "Easement Area" shall include those certain tracts of land identified as "Easement Area A" and "Easement Area B. on the Site Plan; Easement Area A being more particularly described on Exhibit D attached hereto, and Easement Area B being more particularly described on Exhibit E attached hereto. The parties are collectively granting the Easement Area; provided, however, that the rights and easements granted herein, the T .woMRV UTLRY EASEMENT COLLEGE STATION (ABS & FREEDOM HILL) STORE NO. #1150 -08 16358.511 / 3/30/2009/ D- 1726068 PAGE 1 • 1 Doc !'.k VDL F's 01032061 DR 9156 93 reservations and restrictions imposed thereon, and any other covenants, agreements, acknowledgements, and the like contained herein (collectively, the "Easement Provisions ") shall be binding on and inure to the benefit of (i) Wal -Mart, its heirs, representatives, lessees, successors and assigns, solely as the Easement Provisions relate to the portion of the Easement Area located within the Wal -Mart Parcel; and (ii) TRS, its heirs, representatives, lessees, successors and assigns, solely as the Easement Provisions relate to the portion of the Easement Area located within the TRS Parcel. ESTATE GRANTED: 1. GRANTOR grants to GRANTEE an easement over the Easement Area for various utilities, to be further 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 easement in and to the Easement Area; GRANTEE to install, maintain, repair, rebuild, operate, inspect, improve and remove all utility facilities, including conduits, duct lines, vaults, fittings, appliances and equipment, upon, over, across and/or under the Easement Area; provided, however that GRANTOR shall install all conduit, trenches and pads as required for such utility facilities. RESERVATIONS AND RESTRICTIONS: 1. This conveyance is only for 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 business operations of GRANTOR and the normal flow of vehicular and pedestrian traffic over and upon the Easement Area or any adjacent land owned by GRANTOR, and to restore the surface of the Basement Area, 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 Easement Area or surrounding areas, or both, requires the relocation of the facilities already constructed and installed in the casement 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 all necessary utility services, equipment, and facilities as determined by GRANTEE. The "As Built" survey or plat shall delineate all proposed permanent easement areas to enable GRANTEE to maintain, repair, rebuild, and operate the equipment and perform all other activities described in paragraph 2 above, and GRANTOR or its successors shall thereafter execute a Public Utility Easement in the form attached hereto as Exhibit F (the "Public Utility Easement"), perfecting the tights existing hereunder in and to the "As Built" area; provided, however, as a condition to GRANTOR's execution of the Public Utility Easement, GRANTOR and GRANTEE shall execute an instrument in recordable form, approved by GRANTOR and GRANTEE, releasing this Temporary Utility Easement. TEMPORARY UTILITY EASEMENT / COLLEGE STATION (ABS & FREEDOM FILL) Siam No. #1150 -02 16358.5} t 12/20/091D-172606S PAGE: 2 Doc Ok Vol Fs 01032061 OR 9156 94 5, GRANTOR warrants the rights and interests herein described unto the GRANTEE, 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 GRANTEE, and its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof, by through or under GRANTOR [Signature page immediately follows' TEMPORARY UTILITY EAS EMENT/ COLUEUESTATION(ABS & FREEDOMHru.) STORE NO. #I 1$0 - 08 16358.511 / 2/20/09 /D- 1726068 PAGE 3 Doi_ Ek Vol Ps 0 1032061 DR 9114 95 EXECUTED to be effective as of the date first written above. GRANTOR: WAL -MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust By: Na • T' Regional Vice f resident...- WAL -MART TRS, LLC, a Delaware limited liability company N GCO, !A a GRANTEE: CITY OF COI.TJ GE STATION, TEXAS By: ka L .OIY r(Vvoi.ct GLENN BROWN for City Manager TEMPORARY UT2LTY EASEMENT! COLLEGE STATION (ABS & FREEDOM HUI) STORENo. # 1150.08 16358.511 /2120/09/D-1726068 PAGE4 01032061 OR 4156 96 THE STATE OF ARKANSAS COUNTY OF BENTON § This instrument was acknowledged � re� vice t day of 2009, by ;T. 01145 ( 1 /X(.1,12q r lu of WAL -M T REAP. ESTATE BUSINESS TRUST, a Delaware stat?itory trust, on behalf 'd trust. CAROL HERSEY NOTARY PUBLIC -STATE OFARYANSAS BENTON COUNTY Notary Public Si: • .turu, State, :nsas ( e , 41119 lCifiifliilires 2 - - 2011 THE STATE OF ARKANSAS § COUNTY OF BENTON This instrument was acknowlcd_ ed before me on this day of 2009, by 3. C YlY i C lk. !WA VonJ1 Vice Preside, of WAL -MART T , LLC, a Delaware Limited liability co • any, on be if of said company. ,) CAROL HERSEY 1111111.4\ NOTARY PUBLIC -STATE OF ARKANSAS BENTON COUNTY •' Commisslon E •ic es 2-1-2011 Notary Public igna e, tate o THE STATE OF TEXAS COUNTY OF BRAZOS § This instrument wac acknowledged before me on this 4 day of June 2009, by Kathleen Merril foio &lenn Brovn, City Managegf the City of College Station, a Texas Home -Rule Municipality, • on behalf of said municipality. . I, f Notary Putts, Sate of Texas ,. Commission Expires 1 Notary Public Signature, State o exas 2012 TEMPORARY Unurr EASEMENT /Cou,EciE STATION (ABS & FRBETOM H1u.) STORE No. #1150-08 16358.51112M/091D-1726068 PAGE 5 Doc Bk /p1 F's 01032061 DR 9156 97 APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SUBMISSION FOR APPROVAL • City Attorney 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, Texas 77842 -9960 College Station, Texas 77842 -9960 TEMPORARY UTILITY BASEMENT / COLLEGE STATION (ABS & FREEDOM HILL) SCORE No. # 1150 -OS 16358.511/ 2/20109/D-1726068 PAGE 6 T - _ Doc ek Vol P9 01032061 OR V156 TXHIBIT A Site Plan [see attached] • EXIIIBIT 0 a 0 400 ti� 11111111,,_�;N, Oa_ Bk Vol Ps - 111111115111111 0 �\ ` NO 161 OR ?156 9 10+ 300 `ti GRAP 1C SC. E: 1" = 200' EASEMEN ? . "fit �T � :1E4'3' A � � �� . � iff 2Ac. �ti \.� �.S'� \,...\0,\ 102.. 6 1 orpe *if ,. _.,... j ,,,,,,,,,, v ,,,,,_,,, ,,,,,,,, .....,,," ,..,,, „,,,, , .,,,,„ i , ,,f . , _ ... 4 • " I .. Fri • , ,,,,,,v,.. „ - - / i 4(4,#; 4' if Afrii: :viiimp*.$40/ .- , / i ,fi , r -2, ; , . „ . d 1,454 ' .4i ;7„,” , ��s ! ,, ,� 47,.... ' '4 WAL - MART � , 44 • , , fi , 011 PARCEL "6 V . ,,,,, Ill/ 40/r 4. ``yy `jr°dll' i f, '� �4-44444 ` ep-Af . k. 41kriktiu in* 4 +414% % %' - �, c�, . EASEMENT Volt Ni ,A It It It N ►t AREA B N`414144144`1044%t1 AREA•1.7649 ac `N +h�\� 0 . TRS ��,�1 %14 PARCEL , k > LOT 41 %% WALLMART PARCEL lr, or, TRS PARCEL �a 'tt.t, EASEMENT AREA 001402 Rik Doucet & Associates, Inc. 0 I $!TE PLAN EXHIBIT � � � W a I mart O p oo roc tJ 7 rAt COLLEGE STATION, TEXAS A Date: Mar 3T, 2009, ?1:57om User 10; rwhrtby File: P: \ 001 - 402\ dwg \warking_drawingx \exhiblte \ - 02- 07— ECR \00r402EXH— ELEC— ESUEdw9 01032 % 8l' 1131 f's 76 1 OR 9156 too EXHIBIT B Legal Description of Wal -Mart Parcel Being Lot Four A (4A), Block Fifteen (15), SOUTHWOOD PLAZA, PHASE TWO, an addition to the City of College Station, Brazos County, Texas, according to the Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, recorded in Volume 1203, Page 143, Official Records of Brazos County, Texas, and being Lot Three (3), Block Fifteen (15), SOUTHWOOD PLAZA, PHASE ONE, a subdivision in the City of College Station, Texas, Brazos County, Texas, according to the Correction Plat recorded in Volume 1046, Page 591, Both of the Official Records of Brazos County, Texas, and being Lot 4K, Block 15, Southwood Plaza Phase Two, an addition to the City of College Station, Texas, according to replat of Lot 4B recorded in Volume 2153, Page 93 of the Real Property Records of Brazos County, Texas. • EXHIBIT 13 • Doi_ gk Vol F'9 01032061 OR 91 101 EXHIBIT C Legal Description of TRS Parcel Being Lot 4T, Block 15, Southwood Plaza Phase Two, an addition to the City of College Station, Texas, according to replat of Lot 413 recorded in Volume 2153, Page 93 of the Real Property Records of Brazos County, Texas. • EXHIBIT C Doc Ek Vol F's 01032061 OR 9156 102 EXHIBIT D Legal Description of Easement Area A { [sce attached] y ir EXHIBIT D Doc Sk Vol p3 010321161 OR 9156 103 Legal Description FN No. 08-0012S Temp Elec 1 Brazos County, Texas D &A .Job No. 001 -402 DESCRIPTION OF A TRACT OF LAND CONTAINING 1.5214 ACRE (66,271 SQUARE FEET) SITUATED IN THE CRAWi ORD BARNETT LEAGUE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT 3, BLOCK 15, OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA, PHASE ONE, RECORDED IN VOLUME 1046, PAGE 591, OF THE DEED RECORDS 01? BRAZOS COUNTY, TEXAS, (D.R,B.C.T.), SAID 1.5214 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203), NAD 83 (CORE), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389): COMMENCING at a 2 -inch iron pipe found in Right -of -way transition line between Harvey Mitchell Parkway South (a.k.a. F.M. 2818), (R.o.w. varies), and Texas Avenue, and being the northwest comer of said Lot 3, also being the northeast corner of' Lot 4F of The Revised Plat of Lot 4, Block 15, of Southwood Plaza, Phase Two, recorded in Volume 1203, Page 143, (D.R.B.C,T.), from which a TxDOT Type 1 Concrete Monument found in said Right -of -Way transition line, and the north line of said Lot 3, bears N88 °55'04 "E, a distance of 118.76 feet; THENCE, departing said Right -of -Way transition line, with the common line between said Lot 3, and said Lot 4F, S02 °01'09 "E, a distance of 111.63 feet to a calculated point for the northwest corner and POINT OF BEGINNING hereof; THENCE, departing the common line of said Lot 3 and said Lot 4F, over and across said Lot 3, the following three (3) courses and distances; 1) S65 °45'10 "E, a distance of 326.35 feet to a calculated point for an angle point hereof; 2) S74 °41'35 "E, a distance of 301.76 feet to a. calculated point for an angle point hereof; 3) S39 °5914 "E, a distance of 35.93 feet to a calculated point for the northeast . corner hereof, said point is also a point in the east line of said Lot 3, and being a point in the west line of Lot 1B of the Revised Plat of Lots 1 and 2, Block 15, Southwood Plaza, Phase One, recorded in Volume 1212, Page 483, (D,R,B,C.T.); THENCE, along the east tine of said Lot 3, and along the west line of said Lot 1B, S06 °42'47 "W, passing at a distance of 81.52 feet a 1/2" iron rod with "Doueet" cap set at the Page 1 of 2 P:t001- 4021surveylIcga1s\O8 -OO 12S_temp Elec 1.doc Doc ek Vol Fit 01032061 QR 9156 104 southwest corner of said Lot 1B and being the northwest comer of a Drainage and Utility R.o.w. Lot, as shown on said Revised Plat of Lots 1 and 2, Block 15, of Southwood Plaza Phase One, continuing with the common line between said Lot 3 and said Drainage and Utility R.o.w. Lot for a total distance of 106.84 feet to a 1 l2" iron rod with " Doucet" cap set for a point of curvature hereof, said point is also a point of curvature in the common lint of said Lot 3 and said Drainage and Utility R.o.w. Lot; T n n.NCE, with the curving line of said tot 3 and said Drainage and Utility R.o.w. Lot, along a curve to the right, whose radius is 113.00 feet, whose arc length is 27.67 feet, whose delta is 14 °01'41 ", and whose chord bears S13 °43'37"W, a distance of 27.60 feet to a calculated point for the southeast corner hereoiy THENCE, leaving the common line of said Lot 3 and said Drainage and Utility R.o.w. Lot, over and across said Lot 3 the following three (3) courses and distances: 1) N39 °59'14 "W, a distance of 94.29 feet to a calculated point for an angle point hereof 2) N74 °41'35"W, a distance of 278.33 feet to a calculated point for an angle point hereof 3) N65 °45'10"W, a distance of 284.82 feet to a calculated point for the southwest comer hereof, said point is also a point in the west line of said Lot 3 and being a point in the cast line of Lot 4E of said Revised Plat of Lot 4, Block 15, of Southwood Plaza, Phase Two, from which a .mag nail with ` Doucet" washer set at the southeast corner of said Lot 4E and being the northeast comer Of Lot 41), of said Revised Plat of Lot 4, Block 15, of Southwood Plaza, Phase Two, and being a point in the west line of said Lot 3, beats S02 °01'09"E, a distance of 306.69 feet; THENCE, with the west line of said Lot 3, and being the east line of said Lot 4E, NO2 °01'09 "W, passing at a distance of 47.50 feet a mag pail with " Doucet' washer set at the northeast comer of said Lot 4E, and being the southeast comer of said Lot 4P, continuing with the common line of said Lot 3 and said Lot 4P, for a total distance of 111.51 feet to the POINT OF BEGINNING and containing 1.5214 acre (66,271 sq. ft.) of land, more or less. f OF Jason Ward, RP.L.S. Date • .`0 ; - -iii Texas Registration No. 5811 � , N � , .0% \ + Doucet & Associates Inc., � JASON WAR 7401 B Hwy. 71 West, Suite 160 1,<s".0 6611 e Aust Texas 78735 � t '4 , 41f s s / • � r Paget oft P ;10o1.4021surve}Alega]s108 -00125 tamp Elec 1.doc i r� u.w • n■ . 01032061 DR 9156 105 • LINE TABLE CRA TT FORD \\ BARNET 3 LEAGUE P.O.C. NO. BEARING ` DISTANCE ! r LOT4Pr A / a N. 88'55 8.76' „E � 11 S8545`10 "E ,35' _ !4 / 12 S74'41'35' _ 301.76' L ofl' '' 1 \ >} .y am -3 _ S3959'147 35.93' ` 4 / P.O �.B. `rY L4 SO6'42'47"W , 106.84' `�,� ' ' • \ q ' O L5 N3959'14'110 64.29' REVISEDPL +% , ,: i '' `7 j "' L6 N74'41'35 "W _ 275.33' . LOT 4 BLOCK 15 / '�s \� L7 N85'45'1 "W . 254.82' SOUTHWOOD PLAZA ,+� }` . �.;. G L8 NO2 111,51' PHASE . �',; � �` • „Qt.. 1209, PG 143 / ' : ;., Y ” , tP D.R.1.C.T. `,ti ich UMW Pao ESTT UN t r 5 ; v, . � Q � ' t. `. 0 --� 2' COSMO IRON PIPE MAD 'Cr / / y ' C. 1 ` ' � � ,�, ( 3 r /2' MN Rao w + to a DOOM C P ar 1 4T /,o :: :;: ` > l • MA6 PM. NTS ( ET / /A'` 1p WASMER SET A • to f o CAtLt9ATID Pawn / /ter • J TXDOT r,PE I CONCRETE / �t; :: ; uENUt9 Nr MOM ?. P.o.a PENT OF SEEMING ".;41( ‘`.."•::::::::::::::::::.t.::::::' P.O.G. POO +T OF CO)b EMEHENT :• :', .:: ':':. VOL =NE / TEMPORARY :: }';•' ••.'j•: �, P4'. PACE aO / 7 }st , R.O.W. RNiHT- OF-WAT V� E iEi\ + RI C EASEMENT "' {;' •' k D.A.B.C.T. DEED RECORDS. / 1 ACRE •,:: "' ` B RAZOS marry, TEXAS / .,. j' ' / 6 6,271 SQUARE FEETT 4 \ q' ,..':;.'1 • . ,:y. ` "O ,T / tXBtRHClIONPLAT OF f 1:: , �, I. "( , t , - :, / soi1THWOQD PLAZA PRASE OM x' : ? r ' ► `1 y VOL., 1046, PO. 391 • : ;`;'�`yY�; . LoT t e ,� / D R B.GT, . 1 ' 47 JASON WARD � `� / LOT 3,BLOCZiS !o.,;,:.,.."r404 ti t r ', `� �- . S Uft w ~ ,' `s ci / � ,�" 4 yG� • \ WI' \ A =27.67' / , s, s o c ep, - s 1 R =113.00' " '‘ 2 LOT 4 ` 6=14'01'41 ° Q" yr '- 1 CB�S13'43'37 "W / " '� . 44 1 RBPLA.TOP 1 C=27.60' / "* - Ro.w . ,..- -A i LOT 4B, BLOCK 15,PHASEIr / , ri'' ' sorrrxWOO 3 p orvrsr�r ` 1 /! SQ Pj ' s • l • a 93 I� R R.GT. ' 1 �,°„ +. / LOT 2! 2 OI1g \ CA c S. . � - '" L BROTHERS BOULEVARD > > -., � _ LOT � ti ..,../.."*. -� (R.O.W. vas) -- \ j, i''' AU. BEARINGS ARE BASED ON THE TEXAS STATE PLANE 1 ,, `' COORDINATE SYSTEM, GRID NOR1H. CENTRAL ZONE (4203), r �'► ( NAD83 (CORS), ALL DISTANCES WERE ADJUSTED TO SURFACE FT, doer -D012S Tema Dee 1 .. _ USING A .COMBINED SCALE FACTOR OF 1.000107026389. Doty 3/27/2009 15214 ACRE I: Oh t'R15De D rat, by. A. TEMPORARY ELECTRIC Doucet &Associates, Inc. Aeweea: 45w EASEMENT 7401 $ Hwy. 71 Wad Suite 160 Project. 001 -402 A x ti n , TX'78735, Phone: (512) 13,2600 Fax (517.) 593 -2601 Sh«t: 1 al CITY OF CO(IECE STATION, Field Book 229 BRAZOS COUNTY, T XAS AIXTUTIXM.. NC 1111W,TON. PIAIXAQOSET71-Kisimua aa.WCRwA Pony Cyr. ,14 www.tioucctandassociatu.com surmy Dotc 11/29/07 P:` ODt- 402 \eurvay \0A- dtWMgU1001"402_tsatp eleo isn't part 1.64 ■ Doc PE= Vol Fs 01032061 OR 9156 106 EX BIT E Legal Description of Easement Area B [see attached] • EXHIBIT E • Doc 2.1; Vol Ps 01032061 OR 9156 107 Legal Description FN No. 08 -0012S_Temp Elec 2 REV' Brazos County, Texas D &A Job No. 001 -402 DESCRIPTION OF A TRACT OF LAND CONTAINING 1.7649 ACRE (76,881 SQUARE FEET) SITUATED IN Tiff CRAVVFORD BARNETT LEAGUE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT 3, BLOCK 15, OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA, PHASE ONE, RECORDED IN VOLUME 1046, PAGE 591, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, (D.R.B.C.T.), AND BEING A PORTION OF LOT 4K AND LOT 4J OF THE REPLAT OF LOT 4B, BLOCK 15, PEASE II OF SOUTHWOOD PLAZA SUBDIVISION, RECORDED IN VOLUME .2153, PAGE 93, (D. R B.C.T.), ALSO BEING A PORTION OF LOT 4A, OF THE REVISED PLAT OF LOT 4, BLOCK 15, OF SOUTHWOOD PLAZA PHASE TWO, RECORDED IN VOLUME 1203, PAGE 143, (D.ILB.C.T), SAID 1.7649 ACRE TRACT OF LAN) BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203), NAD 83 (CORS), ALL DISTANCES WERE ADJTJSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389): BEGINNING at a calculated point in the curving north right -of -way line of Longmire Drive (R.o.w. Varies), and being a point in the curving southwest line of said Lot 4J, for the southwest comer and POINT OF BEGINNING hereof from which a 1/2" iron rod found in the north right -of -way line of said Longniire Drive, and being a point of curvature in the southwest line of said Lot 4J bears, along a curve to the left, whose radius is 1565.00 feet, whose arc length is 374.62 feet, whose delta is 13°42'55", mad whose chord bears S54°26' 47""E, a distance of 373.73 feet THENCE, with the curving north right-of-way line of said Longmire Drive, and with the southwest line of said Lot 43, along a curve to the right, whose radius is 1565.00 feet, passing at an arc length of 44.70 feet a 1/2" iron rod with ` Doucet" cap set at the southwest comer of said Lot 43, and being the most southerly corner of said Lot 4A, continuing with the common line of said Longmire Drive and said Lot 4A, along said carve to the right, whose radius is 1565.00 feet, whose total arc length is 94.91 feet, whose total delta is 03 °28'29 ", and whose total chard bears N45 °51'05 "W, a distance of 94.90 feet to an "X" cut found in concrete for the westerly corner hereof, said point being in the north right -of -way line of said Longmire Drive, and .being a southwesterly corner of said Lot 4A, and being the most southerly corner of the Final Plat of Condominium of Lot 4H, Block 15, Southwood Plaza Phase II, recorded in Volume 2432, Page 243, (D.R.,B.C,T.); Page 1 of4 P: 1041. 442\dw•veyllegrasl08- 0412S_tcmp E1ee 2 REV.doe Doc Bk Vol Ps • 0 1032061 DR 91`6 108 THENCE, leaving the north right -of -way line of said Longmire Drive, with the common line of said Lot 4H and said Lot 4A the following three (3) courses and distances: 1. N50 °12'33 "B, a distance of 75.13 feet to an `X" cut found in concrete for an interior oll- corner hereof said point being the easterly comer of said Lot 4H and an interior ell -comer or said Lot 4A, 2. N29 °30'25 "W, a distance of 104.65 feet to a Ill -inch iron rod with "Doucet" cap set for a northwesterly corner hereof and 3. N60 °29'35 "E, e. distance of 21.24 feet to a calculated point for an exterior ell- cornet hereof, from which a "V" cut in a concrete wall found for the northeasterly corner of said Lot 4H and an interior ell -comer of said Lot 4A, bears, N60 °29'35 "E, a distance of 0.57 fee.t; THENCE, over and across said Lot 4A the following four (4) courses and distances: 1. S29 °39'23 "E, a distance of 51.35 feet to a calculated point for an interior ell- comer . hereof, 2. N60 °28'08 "E, a. distance of 76.00 feet to a calculated point for an exterior ell- comer hereof, 3. S29 °31'52 "E, a distance of 70.81 feet to a calculated point for an interior ell- corner hereof, and 4. N50 °17'16"E, a. distance of 12.12 feet to a calculated point for and angle point hereof; THENCE, in part over and across said Lot 4A, and in part over and across said Lot 4K, N87 °55'53 "E, a distance of 280.04 feet to a calculated point for an angle point. hereof THENCE, continuing over and across said Lot 4K, N49 °13'30 "E, a distance of 63.98 feet to a calculated paint for an angle point hereof THENCE, in part over and across said Lot 4K, and in part over and across said Lot 3, NO2 °09'35"W, a distance of 61.78 feet to a calculated point for an exterior ell corner hereof THP.NCCE, continuing over and across said Lot 3 the following five (5) courses and distances: 1. N87 °50'25 "E, a distance of 188.28 feet to a calculated point for exterior ell- comer hereof, 2. .S02 °09'35"E, a distarace of 107.41 feet to a calculated point for an angle point hereof 3. N46 °30'26'13, a distance of 34.46 feet to a calculated point for a point of curvature hereof, 4. 150.88 feet along the arc of said curve to the right, whoseradius is 302.70 feet, whose delta is 28 °33'31 " and whose chord bears N60°50'11 "E, a distance of 149.32 feet to a calculated point for a point of tangency hereof and Page 2 of 4 P:1 041- 402\sorveylegals\O8- OO12S_temp Bloc 2 REV,doo 0103 OR 9156 10? • 5. N75 °07'16 "E, a distance of 17.73 feet to a calculated point for the northeasterly corner hereof, said point being in the southerly common line of said Lot 3 and Lot 2- R. of the Replat of Lot 2 -R, Block 15, Southwood Plaza, Phase One, as recorded in Document Number 0741445, D.R.B.C.T, from which a. 1/2 -inch iron rod with Doucet cap set for the northwesterly comer of a Drainage and Utility R.o.w. Lot, as shown on the Revised Plat of Lots 1 and 2, Block 15, of Southwood Plaza Phase One, Ming an angle point in the east line of said Lot 3, bears, NO2 °01'09"W, a distance of 304.54 feet; THENCE, with the common line of said Lot 3 and said Lot 2 -R, S02 °01'09 "E, a distance of 10.26 feet to a 1/2 -inch iron rod found for the easterly most comer hereof, being in the northwest right -of -way line of Brothers Boulevard (R.o.w. Varies), said point also being the southerly common comer of said Lot 3 and said Lot 2 -R, from which a 1/2 -inch iron rod found for a point of curvature in the northwest right -of -way line of said Brothers Boulevard and being a poin in the southeast line of said Lot 2 -R, bears, N75 °07' 16'B, a distance of 182.46 feet; THENCE, with the northwest right -of -way line of said Brothers Boulevard, in part with the southeast line of said Lot 3, in part with the southeast line of said Lot 4K and in part with the southeast line of said Lot 41 the following five (5) courses and distances: 1. S75 °07' 16"W, a distance of 15.45 feet to a 2 -inch iron pipe found for the beginning of a curve to theleft, 2. 145.89 feet along said curve to the left, whose radius is 292.70 feet, whose delta is 28 °33'31 ", and whose chord bears S60 °50'10"W, a distance of 144.39 feet to a 1/2- inch iron rod with Doueet cap set for a point of tangency hereof, 3. S46°30'26 "W, passing at a distance of 97.86 feet a 2 -inch iron pipe found for the easterly common comer of said Lot 3, and said Lot 4K, continuing for a total distance of 196.14 feet to a Mag Nail with "Doucet" washer set for the beginning of a curve to the left, 4. along said curve to the left, whose radius is 494.65 feet, passing at an arc length of 71.97 feet a 1/2" iron rod with "Douce' cap set for the easterly common corner of said Lot 4K, and said Lot 47,. continuing with the common line of said Brothers Boulevard and said Lot 43', along said curve to the left, whose radius is 494.65 feet, whose total arc length is 171.80 feet, whose total delta is 19 °54'01 ", and whose total chord bears S36 °35'43 "W, a distance of 170.94 feet to a 1/2 -inch iron rod found fora point of tangency hereof, and 5. 826 °33'38 "W, a distance of 133.01 feet to a 1/2 -inch iron rod found for the beginning of a curve to the right; • THENCE, with the curving right-of-way transition between. said Brothers Boulevard and said Longmire Drive; 23.23 feet along said curve to the right, whose radius is 25.00 feet, whose delta is 53 °14'54 ", whose chord bears S53 °04'00 "W, a distance of 22.41 feet to a calculated point for the southerly most comer hereof from which a 1/2 -inch iron rod found for a. point of curvature in the southwest line of said Lot 41, bears, 17.34 feet along a curve to the right, whose radius is 25.00 feet, whose delta is 39 °44'30 ", whose chord bears N80 °26'18'W, a distance of 17.00 feet; Page 3 of P: 1001- 402\stuvey\1egu1 \08 -OO12S temp Eleo 2 REV.doo Doc er, v Fti 0 1032061 DR 9156 110 THENCE, over and across said Lot 41, N26 °33 "E, a distance of 153.06 feet to a calculated point for a point of curvature hereof, THENCE, continuing over and across said Lot 41, in part over and across said Lot 4IK, 175.28 feet along the arc of a curve to the right, whose radius is 504.65 feet, whose delta is 19 °54'01 ", whose chord bears N361 5'40'E, a distance of 174.40 feet to a calculated point; THENCE, continuing over and across said Lot 4K, N46°30'26 "E, a distance of-79.05 feet to a calculated point for an angle point hereof; THENCE, in part over and across said Lot 4K, and in part over and across said Lot 41, S87 °55'53 "W, a distance of 435.91 feet to a calculated point for an angle point hereof; THENCE, continuing over and across said Lot 41, S50 °17'16"W, a distance of 149.42 feet to the POINT OF BEGINNING and containing 1.7649 acre (76,881 sq. ft.) of land, more or less. • - 1ason Ward, R.P.L.S. Date Texas Registration No. 5811 Doucet & Associates Inc., , 7401 B Hwy. 71 West, Suite 160 Austin, Texas 78735 ~.. .. •.... , ,? J.. ASQN WA N � % ;p 5011 t72- • 9 so +J / I , ,yO. • 1 Page of P:1001 -4O2%staroeyllega1s108 -04123 temp Elea 2 REV-doo Doi: Bk. V'01 Ps • • • . 01037061 DR 9156 111 • O � ' '" ,—r PC)RD ' ticalD rh I B ! 1 41..--:9'.'"---Lif Y /2 y C ®+IILTAS E+ AUNT uta c �^ + +�+ ...-.- .� EXIS1NG PROPERTY LINES �"' ; ( L G 4 GU ?'rev ! ."...." � O 2 IRON F PE FOUND � ituvisEDPLATOF ?; . ; Ns o29'3S" OaSLED • x' FOUND IN i 641 �i , LOT 4AIACKIS 1 4) / •'"•!■ O.57'�1 PNSL�EC Y FOUL IN Q SOtT171WOO DPLAZA �r: G S0ti p A SONCRC WALL . g •• / S::' / '1 _' t 1/2` IRON NCO ram s EF MOE 1190 ' ; REVIBDri " • SET 4 i .�• LL VOL. 1203, PO. 143 4 :1 f 8 ZOL3C ZS / -. ''' +i 1i , 1/2" IRON ROD FOUND ►r L' 'A DRS.C.T. L. 1 4....., s 6 C IA POW GET 1 C/ y : a ' / LOT 3, BLOCK 15 1 rs L O CORRBC2T'NPLATOF v,0a vows of 1iEC1lwING L1 :'; % % %3 iii,4! ,6c"1-1",--'-'4,/ S011T73WO0D ONE v ". c. PACE tr .., r i %.; :Ati VOL 204E PG. 591 MO.W. '- OF-weY j t : •• 7 1 ` � D.R$RT. DEED RECORDS, r ui�`: iS ; ue �„�„ "S D R B.G"I: BRAZOS COUNTY, 'txAS �'M': '•: 1;;; •. t..�•r,,� � N. TEMPORARY r � 1 L22 "` •? ' ' % � \ _ ELECTRIC EASEMENT / I " � ... ; `- . 1.7649 ACRE / J P.O.B� ` ' ` ' ' , 76 :+: SQUARE F 1 13J3PLA T OP 'ti %- r : j % i ii' / ' • LOT 421, BLoCK 15, \ � O ;- ' SOUIHWOCaDPLAZA � K' ' ' . ' ' T / ° sE BDIVrSTON r .._, �,. . i, i ' , `;. ` : : "''v 14/ ,so 2/Z, 4 5 . n t \, � 0 VOL 2153, PO 93 fl J { ; %1� i; ;;i %' ; i `s i3 i.3 / LOT 2R 2 f ' 10 \ C6 w,.. 4 y . C3 v .. 5 J 0 7d1,a4s { ...' • c .. 98.20 L1 ! 10, ~ , ` mo b ;' / • O \ td, ..s''` Ge, ` . BROWS BO A 8 Z 1 ' 6 - 4 :. " ,� � (R.0 v. TAMES) LOT2R•1 \Irlit,., --- - — WASHER SET LINE TABLE �\ C 11.•* 1 D' �, i 4 r �'' � NO. BEARING DISTANCE 5 •_! )' ' * ' \ L1 N5012'33"5 75.13' DEARING BASt&& • ' 0 N ■‘ - 1-2 N29'30'25.Y 104.65' ALL BEARINGS ARE BASED ON 1HE TDCAS STA'T'E (' JASON - WARD ') 1.3 N80"29'35`E 21.24' PLANE COORDINATE SYSTEM, GRID NORTH. CENTRAL : 581 " . e ,' L4 S29'39'23`E: 5t35' ZONE (4203). NAM (CORS), ALL DISTANCES WERE i. 9 0 5 N60'28'OB" EE 75.0D' ADJUSTED TO SURFACE USING A COMBINED SCALE �L,�O s s r; 17 1.5 12.911'521 70.81' FACTOR OF 1.000107026389. -, S U R ,r L7 N501 i' J�'E 12,12' .��^. CURVE TABLE _r. _ L5 N87 280.04' Le N4913'30 "E 83.98' NO. LENGTH RADIUS DELTA BEARING CHORD L10 Narro9'35'W 61.78' ' NM 94.9 ' 1 65 00' 3 , N4 'e 'W . 90' 1.11 N87'50'25'E 188.26' C2 50.8= n • iiia.ldi1E.10' MiErgAll L12 sp2'09'35"E _ 107.41' C3 iiiii J>ai J S60'50' / lErrAl 1.13 N46'30'26'E 34.46' 04 1 .8. Wrir111111M L14 N75'07'18 E 17.73' IllEMIIIIM wxa . 2 00' igaMili - e ' / 0" OPE= L15 602 "E 10.26' C6 ilr ifiZ na iy ?,MIE LI 6 S75071 8"W 15.45' C7 iiiiiFSlalit 8 0' ' L17 546•0'261 196.14' i C8 99.= ' 49485' +'AiI'i'Ne.W41u' '9.8•' 118 528'33'3B"W 1U.41 C9 111M .. .• '30' , : e ',' .,e 119 N28 ".. 1553.06' C10 lir------a 5.00' NERnMainalgrigiliiiriMili L20 N48'30'26 "E 79.05' C11 n I ig 1 3:_1i� I L21 98755'53'W 435.91' C12 50. ' • / 1 lia il• all S i . t1GIII 1.22 95017'16" , . 14,9,42' � -�L ACRE Dat: 3/27/200D '.! 649 ''' + scow 1 "Rl3D' 1 L lviPOR 1R 1 ELECTRIC R1�r rawn by. al- Doucet & Inc. tnc Reviewer . EASEM ==AAA 7401 3 Hwy. 71 west, Suit. I60 Project: 501-402 ENT Austfn, TX 79735, Phone: (512) S83 Flax: (m2)583.201 shad: 1 of 1 CITY OF a)LLECI STATION, nod Book 229 BRAZOS COUNTY, TEXAS ACK MAI- noartvertort N,ssa ar .Aaz em.s.,a Party Cher:.* www.doueetandassocIttes.COm Survey Dote: 11 /29/07 e :1 001- 402\mxwy\DA_drorh+osWm- 402,.xanp ens aset_Part 2.REV.dn FN OS Temp Elea 2 Dar Bk Vol Ps 01032061 OR 4156 112 EXHIBIT F Form of Public Utility Easement NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY FO THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. College Station, TX Store No. 1150-08 PUBLIC UTILITY EASEMENT DATE: , 2009 GRANTOR: As used herein, the term "Grantor" shall mean: WAL -MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust ("Wal-Mart"), with regard to the Wal -Mart Parcel (defined below) and WAL -MART TRS, LLC, a Delaware limited liability company ( "TRS" "), with regard to the TRS Parcel (defined below) GRANTOR'S MAILING ADDRESS: 2001 S.E. 10 Street (including county) Benton County Bentonville, Arkansas 72716 -0550 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, the receipt of which is hereby acknowledged. PROPERTY: Wal -Mart is the owner of that certain parcel identified as the " Wal -Mart Parcel" on the Site Plan attached hereto as Exhibit A (the "Site Plan ") and being more particularly described on Exhibit B attached hereto. TRS is the owner of that certain parcel identified as the "TRS Parcell" on the Site Plan EXHIBIT F Doc E.14 Vol Ps 01032061 OR 4156 113 and being more particularly described on Exhibit C attached hereto. As used herein, the term "Easement Area shall include (list various Easement Areas - to be shown and described on exhibits]. The parties are collectively granting the Easement Area provided, however, that the rights and easements granted herein, the reservations and restrictions imposed thereon, and any other covenants, agreements, acknowledgements, and the like contained herein (collectively, the "Easement Provisions ") shall be binding on and inure to the benefit of (i) Wal -Mart, its heirs, representatives, lessees, successors and assigns, solely as the Easement Provisions relate to the portion of the Easement Area located within the Wal -Mart Parcel; and (ii) TRS, its heirs, representatives, lessees, successors and assigns, solely as the Pasement Provisions relate to the portion of the Easement Area located within the TRS Parcel. GRANT OF EASEMENT: Grantor does by these presents grant, bargain, sell and convey unto Grantee a perpetual, nonexclusive easement upon, under, over and across the Easement Area, and any additional area outside the Easement Area reasonably necessary to install and attach equipment, guy wires, and anchors reasonably necessary and incident to the use 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 lints, Access facilities, and related equipment; Storm sewers and collection facilities; Television, telephone, and communication lines; Drainage ditches, drainage pipes and all other drainage Structures, surface and subsurface; upon, under, over, and across the Easement Area, in the locations more particularly described and shown on [list exhibits], 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 Grantor, which might interfere with or threaten the 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 the Property by Grantee in connection with the conforming use of the easement granted herein 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. Grantor expressly acknowledges that there are no other lenders other than those set out below and Grantor agrees to lender's subordination on behalf of Grantee, if applicable. Grantor expressly acknowledges that it is the record title owner of the Easement Area. Notwithstanding anything to the contrary herein Grantee agrees to use due care in any use of the easement herein granted and in the construction, installation, repair, replacement and maintenance either Grantee's improvements or the Easement Area as provided for herein so as not to unreasonably disturb Grantor's use of its property. RESERVATIONS AND RESTRICTIONS: Grantor reserves the right to use all or any part of the Easement Area acquired herein for any other or further purpose that does not damage, destroy, injure and/or interfere with Grantee's efficient, safe or convenient use of the Easement Area herein granted. Provided, however, Grantor, his assigns or successors in interest or any other grantees, by, through or under Grantor, or his assigns or successors in interest, shall not construct or permit to be constructed any house, structure, reservoir, drainage ditch or utility poles or other obstruction or excavation on, aver, or within said Easement Area shall not change the grade over any lines, facilities or structures constructed • EXHIBIT F Doc DI: Vol Ps 01032061 OR 4154 114 or placed on the property by Grantee by virtue of the uses permitted above; and, in the event that such construction occurs within the Easement Area, shall maintain the minimum clearances provided by law, Notwithstanding the foregoing, Grantee agrees that Grantor shall be permitted to have those structures, improvements, obstructions, and utilities within the Easement Area and grade the Easement Area as shown on the construction plans, as approved by GRANTEE, attached hereto as Exhibit Grantee shall not be liable to Grantor or Grantor's assigns for any damages caused by or related to any use of this Easement Area, or any part thereof, by Grantor or Grantor's assigns. 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, it successors and assigns, to warrant and forever defend, all and singular, these rights and interest 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, by, through, or under GRANTOR, but not otherwise. EXECUTED to be effective as of the date first written above. GRANTOR: WAL -MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust By: Name: Title: WAL -MART TRS, LLC, a Delaware limited liability company By Name: Title: GRANTEE: CITY OF COLLEGE STATION, TEXAS By: GLENN BROWN City Manager THE STATE OF ARKANSAS EXHIBIT F UUi pa 01032061 DR 9156 115 COUNTY OF BENTON § This instrument was acknowledged before me on this day of 2009, by of WAL -MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust, on behalf of said trust. Notary Public Signature, State of Arkansas (PERSONALIZED SEAL) THE STATE OF ARKANSAS § COUNTY OF BENTON § This instrument was acknowledged before me on this day of 2009, b of WAL -MART TRS, LLC, a Delaware limited Iiability company, on behalf of said company. Notary Public Signature, State of Arkansas (PERSONALIZED SEAL) THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on this day of 2009, by Glenn Brown, as City Manager of the City of College Station, a Texas Home -Rule Municipality, on behalf of said municipality. Notary Public Signature, State of Texas (PERSONALIZED SEAL) EXHIBIT F r Sac o d's 010 32 0 161 Ok B1 93 l 116 APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SUBMISSION FOR APPROVAL. City Attorney 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. I3ox. 9960 College Station, Texas 77842 -9960 College Station, Texas 77842 -9960 Filed for Record int BRAZOS COUNTY On: Jun 17,200? at 09:38A As a • Record inns Document Numbers 0103206I Amount 107.00 Receipt Humber - 368107 Bmr Becks lir i sht STATE OF TEXAS COUNTY OF BRAZOS T herabs cert ifs that this instrument was f iled on the date and time stamped hereon bs ue and was dull recorded id the volume and page of the Dfficiol Public records of: BRAZOS COUNTY as stomped hereon ha me. Jun 17,2009 HONORABLE KAREN IMCDUEENr COUIITY CLERK BRAZOS COUNTY EXHIBIT F