HomeMy WebLinkAboutEasement DEC -9 X2002 09: 22A FROM: T0: 7643496,,, , , P� 3/5
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EASEMENT AGREEMENT FOR PARKING FACILITIES
Date: December , 2002
Grantor: ti Tau for Sigma Alpha Epsilon Housing Authority, a
Texas non - profit corporation
Grantor's Mailing Address: 7105 McKamy Blvd., Dallas County, Dallas, Texas 75248
Grantee: Four Ags Investments, LP
Grantee's Mailing Address: P.O. Box 5429, McClennan County, Waco, TX
Dominant Estate Property:
Tract One: Lot Two A (2A), Block One (1), Replat of Lots 1 and 3, Block One, Melrose
Subdivision, City of College Station, according to plat thereof recorded in Volume 3020,
Page 89 of the Official Records of Brazos County, Texas,
Tract Two: "Comrnon Area" Block One (1), Replat of Lots 1 and 3, Block One, Melrose
Subdivision, City of College Station, according to plat thereof recorded in Volume 3020,
Page 89 of the Official Records of Brazos County, Texas.
Easement Property:
Being all that certain lot, tract or parcel of land lying and being situated in Brazos County,
Texas, being a portion of Lot One A (1A), Block One (1), Replat of Lots 1 -3, Block One,
Melrose Subdivision, an addition to the City of College Station, Brazos County, Texas,
according to the plat recorded in Volume 3020, Page 89 of the Official Records of Brazos
County, Texas and being more particularly described on Exhibit WA" attached hereto and
incorporated herein by reference.
Easement Purpose:
For the construction and maintenance of parking and parking facilities, including without
limitation, parking end islands. The parking facilities may not be constructed in a manner
which impedes the free flow of traffic on the paved street located in the Easement Property.
Consideration: The sum of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor.
Grant of Easement: Grantor, for the Consideration grants, sells, and conveys to Grantee and
Grantee's heirs. successors, and assigns an easement over, on, and across the Easement
Property for the Easement Purpose and for the benefit of the Dominant Fstate Property, together
with all and singular the rights and appurtenances thereto in any way belonging (collectively, the
"Easement "), to have and to hold the Easement to Grantee and Grantee's heirs, successors, and
assigns forever. Grantor binds Grantor and Grantor's heirs, successors, and assigns to warrant and
forever defend the title to the Easement in Grantee and Grantee's heirs, successors, and assigns
against every person whomsoever lawfully claiming or to claim the Easement or any part thereof.
DEC -6 -2002 FRI 05:21PM ID: PAGE :2
DEC -9 -2002 09:22A FROM: T0: 7643496 P:4'5
V06 VV • LCIPM n um Gil Bull 60w J i auJJVO � a - ua VJ/ V4 r-uau
Terms and Conditions: The following terms and eondrtions apply to the Easement granted by this
agreement:
1. Character of Easement. The Easement is appurtenant to and runs with all or any portion
of the Dominant Estate Property, whether or not the Easement is referenced or described in any
conveyance of all or such portion of the Dominant Estate Property. The Easement is nonexclusive
and irrevocable. The Easement is for the benefit of Grantee and Grantee's heirs, successors, and
assigns who at any time own the Dominant Estate Property or any interest in the Dominant Estate
Property (as applicable, the "Holder").
2. Duration of Easement. The duration of the Easement is perpetual.
3. Reservation of Rights. Grantor reserves for Grantor and Grantor's heirs, successors, and
assigns the right to continue to use and enjoy the surface of the Easement Property for all
purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Holder for
the Easement Purposes_ Grantor reserves for Grantor and Grantor's heirs, successors, and
assigns the right to use all or part of the Easement in conjunction with Holder and the right to
convey to others the right to use all or part of the Easement in conjunction with Holder, as long as
such further conveyance is subject to the terms of this agreement and the other users agree to
bear a proportionate part of the costs of improving and maintaining the Easement.
4. Binding Effect. This agreement binds and inures to the benefit of the parties and their
respective heirs, successors, and permitted assigns.
5_ Construction. This Easement shall not be construed more or less favorably between the
parties by reason of authorship or origin of language.
GRANTOR:
Texas Tau for Sigma Alpha Epsilon Housing Authority,
a Texas non - profit corporation
By:
Name_ � - �—
Title:
THE STATE OF TEXAS § (ACKNOWLEDGMENT)
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the day of December, 2002, by
, as of TEXAS TAU for SIGMA ALPHA EPSILON
HOUSING AUTHORITY, a Texas non profit corporation, on behalf of said corporation,
Notary Public, State of Texas
DEC-P .720 02 FRI fl :.:'iFM ID:
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DEC-9-2002 iJu-uz u:: t FROM:
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TRACT ONE. 3
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L II i ' ' ;I Bang a II th certain lot tray or parcel of Lead lying and being situated in Brazos County, Tom, and 5 •
ail : . bein 5 porde. of :At one (11 Block One (1), MELROSE SUBDIVISION, a .subdivision in city 2
1 or College Station, Texas according to plat recorded in Volume 2970, page 211, Official Records
. ' i of Brazos County. Tom. and bung more particularly described by metes and bounds as follows:
• 111,1
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I. ill „ ,1 ` CON NCING, at a 1 /5 iron rod found in the southerly line of Luther Street (R.O.W. varies) Santo 0
y : , the common Corner of said 5 .968 a cres and s dlcd 1 we tract of lan e o
,� ill i � : � I : bong northerly rMyCd to
' i . i lit! Marlon C, Willisuns and wife, Janice Wilha ns by deed record in Volume 909, page 138 &said I cd 2
Records: 7
• ,, , T2iENCE. N 44° 45' ;9^ E. along the southerly line of Luther Street same being the etnrtherly lint 2
ti ii ..1 of said 5.905 Cr ae%, a distance of 60 OQ feet to the POINT OF BEGINNING. and northwesterly
1 ' corner hereof;
:i :! THENCE, N 44 45' 39" E along the southerly tins of said Luther Street same being the northerly
i . ' I!I i ' line thereof, a dtstanCe or 50.00 reef to the northeasterly comer hereof:
ii 1
11. _
11 j ,.1. s . ; o THENCE. leaving the southerly brat ofL -whcr Street, over and across said 5.968 acres the Calk: win '
' `! . i ' i ,1;. • ehrct (3) courses and distances:
.' 1 :'' 1) S 45 45' 51 E. a distance of 706.35 feet to the southeasterly corner hereof;
• f l ' i. 2) 5 43" 36' 17 W. 4 etist*ACe of SG. 00 feet to the southwesterly comer hereof.
•
i ; ;,,. 3) N 45° 45' S1" W, a distance of 707.33 feet to the POINT OF BEGINNING, -
t• ` oottfawng an area of 0.8 I I aars (35,342 sq f.) of land- more or Imo, within these meta and bounds. •
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! . ) EXHIBIT
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DEC.- E- EtO FRI OF.: ' I,PH ICI; PPGE:4
GALINDO ENGINEERS AND PLANNERS INC.
3833 South Texas Ave., Suite 213 Bryan, Texas 77802 (979) 846 -8868
19 -02
EASEMENT No. 2
1.142 -acre Tract
Variable -width P.U.E.
Lot 2A, Block 1, Melrose Subdivision
College Station, Brazos County, Texas
Being a 1.142 -acre tract or parcel of land lying and being a portion of Lot 2A, Block 1, Melrose Subdivision,
an addition to the city of College Station, according to the plat recorded in Volume 3020, Page 89, Official
Records, Brazos County, Texas, and said 1.142 -acre tract being more particularly described as follows:
All of Lot 2A, Block 1, Melrose Subdivision, an addition to the City of College Station, Texas, according to the
plat recorded in Volume, 3020, Page 89, Official Records, Brazos County, Texas, containing 5.160 acres of
land;
SAVE AND EXCEPT the following 4.018 -acre tract of land:
Commencing at a iron rod found lying on the eastern right of way line of Luther Street, a 60' public right of
way, said rod also marking the westernmost corner of said Lot 2A, and the northernmost corner of Lot 1A,
said Block 1;
THENCE, N 71 ° 13'13" E, through said Lot 2A, for a distance of 44.89' to the POINT OF BEGINNING;
THENCE, N 44 ° 45'39" E, continuing through said Lot 2A, for a distance of 268.93';
THENCE, S 45 ° 47'15" E, continuing through said Lot 2A, for a distance of 640.29';
THENCE, S 43 ° 38'17" W, continuing through said Lot 2A, for a distance of 289.20';
THENCE, N 45 ° 45'51" W, continuing through said Lot 2A, for a distance of 102.33';
THENCE, N 44 ° 14'9" E, continuing through said Lot 2A, for a distance of 20.00';
THENCE, N 45 ° 45'51" W, continuing through said Lot 2A, for a distance of 543.44' to the POINT OF
BEGINNING, containing 4.018 -acre of land, more or less.
Note: Bearing source is the plat of Melrose Subdivision recorded in Volume 3020, Page 89, Official Records, Brazos
County, Texas.
C . C . H . RIS 0 1 . 1A "" -;-/ � A. Galindo, P .E. # 53425, R.P.L.S. # 4473 : � October 9, 2002 .0� --
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GALINDO ENGINEERS AND PLANNERS, INC.
3833 South Texas Ave., Suite 213 Bryan, Texas 77802 (979) 846 -8868
19 -02
EASEMENT No. 1
0.3625 -acre Tract
15' -wide P.U.E.
Lot 2A, Block 1, Melrose Subdivision
College Station, Brazos County, Texas
Being a 0.3625 -acre tract or parcel of land lying and being a portion of Lot 2A, Block 1, Melrose Subdivision,
an addition to the city of College Station according to the plat recorded in Volume 3020, Page 89, Official
Records, Brazos County, Texas, and said 0.3625 -acre tract being more particularly described as follows:
BEGINNING at a point Tying on the eastern right of way line of Luther Street, a 60' public right of way, said
point being located S 44 ° 45'39" W and 144.96' from a 1 /z" iron rod found marking the westernmost corner of
Lot 3A, said Block 1, and the northernmost corner of said Lot 2A;
THENCE, S 45 ° 45'51" E, through said Lot 2A, for a distance of 273.63';
THENCE, S 68 ° 15'51" E, continuing through said Lot 2A, for a distance of 97.83';
THENCE, S 45 ° 45'51" E, continuing through said Lot 2A, for a distance of 226.11';
THENCE, S 44 ° 14'09" W, continuing through said Lot 2A, for a distance of 137.48';
THENCE, N 45 ° 45'51" W, continuing through said Lot 2A, for a distance of 249.00';
THENCE, N 0 ° 45'51" W, continuing through said Lot 2A, for a distance of 60.28';
THENCE, N 21 ° 44'09" E, continuing through said Lot 2A, for a distance of 47.56';
THENCE, N 68 ° 15'51" W, continuing through said Lot 2A, for a distance of 3.99';
THENCE, N 45 ° 45'51" W, continuing through said Lot 2A, for a distance of 276.75';
THENCE, N 44 ° 45'39" E, along said right of way Tine, for a distance of 15.00' to the POINT OF BEGINNING,
containing 0.9933 -acre of land, more or less.
SAVE AND EXCEPT the following 0.6308 -acre tract of land:
Commencing at a point Tying on the eastern right of way line of Luther Street, a 60' public right of way, said
point being located S 44 ° 45'39" W and 144.96' from a' /2 iron rod found marking the westernmost corner of
Lot 3A, said Block 1, and the northernmost corner of said Lot 2A;
THENCE, S 44 ° 15'30" E, through said Lot 2A, for a distance of 294.26' to the POINT OF BEGINNING;
THENCE, S 68 ° 15'51" E, continuing through said Lot 2A, for a distance of 78.84';
THENCE, S 45 ° 45'51" E, continuing through said Lot 2A, for a distance of 208.13';
THENCE, S 44 ° 14'09" W, continuing through said Lot 2A, for a distance of 107.48';
THENCE, N 45 ° 45'51" W, continuing through said Lot 2A, for a distance of 227.78';
THENCE, N 0 ° 45'51" W, continuing through said Lot 2A, fora distance of 51.08';
-41.1400
GALINDO ENGINEERS AND PLANNERS INC.
3833 South Texas Ave., Suite 213 Bryan, Texas 77802 (979) 846 -8868
THENCE, N 21 ° 44'09" E, continuing through said Lot 2A, for a distance of 44.58 to the POINT OF
BEGINNING, containing 0.6308 -acre of land, more or Tess.
Note: Bearing source is the plat of Melrose Subdivision recorded in Volume 3020, Page 89, Official Records, Brazos
County, Texas.
,ZA o / • OF •
CHRISTIAN AN GA ....
Christian A. Galindo, P.E. # 53425, R.P.L.S. # 4473 ∎ ........... . .
October 9, 2002 �� , 4473 . . .
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05/08/8 16:54 From: Bridgette George 979- 764 -3895 Page 5 of' 5 f c< ?`,. i
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r EASEMENT DEDICATION SKEET , �� /0 02
(To be filled in and submitted with construction plans and specifications for preliminary review)
NIS $E41 0 TQ 113E OMPI.ET &D aY Cl WF
(city Department acid {M of Per ot Cr ntaet}
A CCOUNT N O HO .. ..'11 1 4 � PROJ J
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TYf?E (F A S>w 1>�IT Pubrlc vttll tlas 1 U Temp0e..4. y e. oket e ), : ,
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R Ir IEW At`�tt AF?PF�£3t/ kL FiEGI.040.[ 1.0ty. .:8 1 t o..1.t Q:w o t7R}tf T.10rN S .......... ,.....
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Approva Regorred 8ir ;: Approval Given:B Bl itc ..... ,.....
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THIS SECTION TO BE COMPLETED BY APPLICANT '
PROPERTY OWNER(S): Four Ags Investments L.P.
(Names must be exactly as they appear on the deed)
ADDRESS._ P.O. Box 5429 PHONE NUMBER: , 254-753-0337
Waco, TX 76708
ALL LENDERS (please furnish copies of all flen documents): First American Bank SSB
(Names and Addresses) t
P.O. Box 1033, Bryan, TX 77805
IF OWNER IS A CORPORATION, PARTNERSHIP, OR JOINT VENTURE (also see #4 below)`
1. State of Incorporation /Registration Texas
2. Partners' Names (if appHcabje)
3. Person Authorized to Sign Andy Restivo
(Name and Title)
LEGAL DEPARTMENT BEPROVIDED WITH THE FOLLOWING: '
/1. A copy of 'a recent (within 90 days) deed or title insurance policy showing the names of the grantorslowners; and
rU,Ar 2. For unplatted property, a signed, sealed and dated metes and bounds description and a diagram of the property showing the
location of the easement; or
✓3 For platted property, a copy of the plat showing the lot, block, subdivision, and recording information -- . /rE FLf t/s/
''4 t
•. For'hwiwt easements, a signed, sealed and dated metes and bounds description and a diagram of the property ...c."----°-• 2 �tvP /�
:.- 5. Corporate or partnership owners must furnish a copy of a corporate resolution or other proof of authority to sign.on behalf of the
corporation, partnership, or joint venture.
l'' Name, address and phone number of person who is to receive the easement and be responsible for getting it executed.
Andy Restivo
P.O. Box 5429, Waco, TX 76708
Any land acquisition resulting from Capital Improvement Projects requires a meeting with the Legal Department.
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8/01/00
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GALINDO ENGINEERS AND PLANNERS INC
3833 South Texas Ave., Suite 213 Bryan, Texas 77802 (979) 846 -8868
19 -02
EASEMENT No. 2
1.142 -acre Tract
Variable -width P.U.E.
Lot 2A, Block 1, Melrose Subdivision
College Station, Brazos County, Texas
Being a 1.142 -acre tract or parcel of and lying and being a portion of Lot 2A, Block 1, Melrose Subdivision,
an addition to the city of College Station, according to the plat recorded in Volume 3020, Page 89, Official
Records, Brazos County, Texas, and said 1.142 -acre tract being more particularly described as follows:
All of Lot 2A, Block 1, Melrose Subdivision, an addition to the City of College Station, Texas, according to the
plat recorded in Volume, 3020, Page 89, Official Records, Brazos County, Texas, containing 5.160 acres of
land;
SAVE AND EXCEPT the following 4.018 -acre tract of land:
Commencing at a 1 /2' iron rod found lying on the eastern right of way line of Luther Street, a 60' public right of
way, said rod also marking the westernmost corner of said Lot 2A, and the northernmost corner of Lot 1A,
said Block 1;
THENCE, N 71 ° 13'13" E, through said Lot 2A, for a distance of 44.89' to the POINT OF BEGINNING;
THENCE, N 44 ° 45'39" E, continuing through said Lot 2A, for a distance of 268.93';
THENCE, S 45 ° 47'15" E, continuing through said Lot 2A, for a distance of 640.29';
THENCE, S 43 ° 38'17" W, continuing through said Lot 2A, for a distance of 289.20';
THENCE, N 45 ° 45'51" W, continuing through said Lot 2A, for a distance of 102.33';
THENCE, N 44 ° 14'9" E, continuing through said Lot 2A, for a distance of 20.00';
THENCE, N 45 ° 45'51" W, continuing through said Lot 2A, for a distance of 543.44' to the POINT OF
BEGINNING, containing 4.018 -acre of land, more or less.
Note: Bearing source is the plat of Melrose Subdivision recorded in Volume 3020, Page 89, Official Records, Brazos
County, Texas.
• • O F T
/ , CHRISTIAN APZE GAWDO •
ik
Christian A. Galindo, P.E. # 53425, R.P.L.S. # 4473 N< V 4473 z :'QQ
October 9, 2002 "i N s s ' °..4, 0 f
SUB`
GALINDO ENGINEERS AND PLANNERS, INC.
3833 South Texas Ave., Suite 213 Bryan, Texas 77802 (979) 846 -8868
19 -02
EASEMENT No. 1
0.3625 -acre Tract
15' -wide P.U.E.
Lot 2A, Block 1, Melrose Subdivision
College Station, Brazos County, Texas
Being a 0.3625 -acre tract or parcel of land Tying and being a portion of Lot 2A, Block 1, Melrose Subdivision,
an addition to the city of College Station according to the plat recorded in Volume 3020, Page 89, Official
Records, Brazos County, Texas, and said 0.3625 -acre tract being more particularly described as follows:
BEGINNING at a point Tying on the eastern right of way line of Luther Street, a 60' public right of way, said
point being located S 44 ° 45'39" W and 144.96' from a 1 /2" iron rod found marking the westernmost corner of
Lot 3A, said Block 1, and the northernmost corner of said Lot 2A;
THENCE, S 45 ° 45'51" E, through said Lot 2A, for a distance of 273.63';
THENCE, S 68 ° 15'51" E, continuing through said Lot 2A, for a distance of 97.83';
THENCE, S 45 ° 45'51" E, continuing through said Lot 2A, for a distance of 226.11';
THENCE, S 44 ° 14'09" W, continuing through said Lot 2A, for a distance of 137.48';
THENCE, N 45 ° 45'51" W, continuing through said Lot 2A, for a distance of 249.00';
THENCE, N 0 ° 45'51" W, continuing through said Lot 2A, for a distance of 60.28';
THENCE, N 21 ° 44'09" E, continuing through said Lot 2A, fora distance of 47.56';
THENCE, N 68 ° 15'51" W, continuing through said Lot 2A, for a distance of 3.99';
THENCE, N 45 ° 45'51" W, continuing through said Lot 2A, for a distance of 276.75';
THENCE, N 44 ° 45'39" E, along said right of way line, for a distance of 15.00' to the POINT OF BEGINNING,
containing 0.9933 -acre of land, more or less.
SAVE AND EXCEPT the following 0.6308 -acre tract of land:
Commencing at a point lying on the eastern right of way line of Luther Street, a 60' public right of way, said
point being located S 44 ° 45'39" W and 144.96' from a' /2" iron rod found marking the westernmost corner of
Lot 3A, said Block 1, and the northernmost corner of said Lot 2A;
THENCE, S 44 ° 15'30" E, through said Lot 2A, for a distance of 294.26' to the POINT OF BEGINNING;
THENCE, S 68 ° 15'51" E, continuing through said Lot 2A, for a distance of 78.84';
THENCE, S 45 ° 45'51" E, continuing through said Lot 2A, for a distance of 208.13';
THENCE, S 44 ° 14'09" W, continuing through said Lot 2A, for a distance of 107.48';
THENCE, N 45 ° 45'51" W, continuing through said Lot 2A, fora distance of 227.78';
THENCE, N 0 ° 45'51" W, continuing through said Lot 2A, for a distance of 51.08';
,
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o �`' ��' MELROSE SUBDIVISION
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GALINDO ENGINEERS AND PLANNERS INC.
3833 South Texas Ave., Suite 213 Bryan, Texas 77802 (979) 846 -8868
THENCE, N 21 ° 44'09" E, continuing through said Lot 2A, for a distance of 44.58 to the POINT OF
BEGINNING, containing 0.6308 -acre of land, more or less.
Note: Bearing source is the plat of Melrose Subdivision recorded in Volume 3020, Page 89, Official Records, Brazos
County, Texas.
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Christian A. Galindo, P.E. # 53425, R.P.L.S. # 4473 ■ ••••:N••••• >......
October 9, 2002 v 9 4473 P • =�
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