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Home My WebLink AboutEasementDoe OR Vol 9 60 246 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF 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. TEMPORARY BLANKET UTILITY EASEMENT DATE: L Z y T GRANTOR: CALLAWAY DEVELOPMENT CORPORATION, a Texas corporation GRANTOR'S MAILING ADDRESS: 1250 NE Loop 410, Suite 800 (including county) Bexar County San Antonio, Texas 78209 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAEUNG ADDRESS: 1101 Texas Avenue (including county) 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 13.768 acmes of land, more or less, lying and being situated in the J. E. Scott Survey, Abstract No. 50, Brazos County, Texas, and being a part of that certain called 15.1481 acre tract as descnbed in deeds to Callaway Development Corporation of record in Volume 3750, Page 237, Volume 3987, Page 36, Volume 3987, Page 64, and Volume 4036, Page 57, Official Records of Brazos County, Texas; said 13.768 acres being more particularly desn'bed by metes and bounds on Ezbibit "A" attached hereto and made a part hereof for all intents and purposes. ESTATE GRANTED: 1. GRANTOR grants to GRANTEE an undefined or "blanket" easement for various utilities, to be 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 undefined , easement in and to the above - described parcel of land; GRANTEE to install,,maintain, repair, rebuild, operate, inspect and remove all utility facilities, including conduits, duct lines, vaults, fittings, appliances and equipment, under the above - described property. 1. by/ssaL..�roap(oJ✓�aan."adaa►► away+ d rl Opsanr/ tewpormyblankenratrp�rasanencdoe . 03//7/2004 Doe OR Vol 60 247 RESERVATIONS AND RESTRICTIONS: 1. This conveyance is only of 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 normal flow of vehmular and pedestrian traffic over and upon the site, and to restore the surface of the site, 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 site or adjacent land, or both, requires the relocation of the facilities already constructed and installed in the easement 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 Bunt" survey or plat, as approved by GRANTEE, showing the location of utility service, equipment, and facilities. The "As Built" survey or plat shall delineate a proposed permanent easement area to enable GRANTEE to maintain, repair, rebuild, and operate the equipment described in paragraph number 2 above, and GRANTEE or its successors shall thereafter execute an instrument in recordable form perfecting the rights existing hereunder in and to the "As Built" area. . 5. GRANTOR warrants that the right of GRANTEE shall be superior to those of all persons claiming under or through GRANTOR but not otherwise. 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 NATIONAL BANK beegot...gro�rp(o)� cdtaw+Qyde el ,au Aenrporo ybldr►kenrtiJrry+earenre;�t�ioc 03/171200 CALLAWAY DEVELOPMENT CORPORATION, Doe OR Vol 60 248 APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SUBMISSION FOR APPROVAL. THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF § This instrument was acknowledged before me on the _� day of 2004, by PAGE CALLAWAY, Executive Vice President of CALLAWAY D VELOPMENT CORPORATION, a Texas corporation, on behalf of said corporation. ------------ tE+ S S U S AN Pub C. W � Nota ofT ry Pubgo, tate of Tixq W CO MM I Nb" INPI'e' &2W gotary Public in and for the State of Texas THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF § This instrument was acknowl ed before me o the V i-- d av of (, � , 2004, by ``r s of FIRST NATION BANK, on behalf of said FIRST NATIONAL BANK. KERRY L. PORTER NOTARY PUBLIC F ' � % STATE OF TEXAS d��j SL a I My Comm. Exp or- 22 -2o07 Notary in and for the of Texas 5P PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842 -9960 RETURN ORIGINAL DOCUMENT TO: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842 -9960 Wega1... group q)1hxetmWbaAa*vdm1opmmt /tnrr wwyhAv*eftW110vasenentdoc 03/17/2004 T ' @0453689 OR 6011 Callaway Development Corporation Proposed Rezoning Tract City of College Station, Texas J. E. Scott Survey, Abstract No. 50 February 4, 2004 FIELD NOTES 13.768 ACRES All that certain lot, tract or parcel of land being 13.768 acres situated in the J. E. SCOTT SURVEY, Abstract No. 50, Brazos County, Texas, and being a part of that certain Culled 15.1481 acre tract as described in deeds to Callaway Development Corporation of record In 'Volume 3750, Page 237, Volume 3987, Page 36, Vol6me 3987, Page 64, and Volume 4036, Page 57, Otfldal/Deed Records of Brazos County,�Texas (OJD.R.B.C.T.): said 13.768 acre tract;�being more particularly described by metes and bounds as follows: BEGINNING at an "X" in Concrete Found for the southwest comer at they southwest comer of said 15.1481 acre tract, some being the Intersection of the northeast rigW J vay line of Marlon Pugh Drive with the northwest right- of-way line of Luther Street; THENCE, along said northeast right- of-way line of Marion Pugh Drive, the following courses: 1.) N 18 W, a distance of 994.95 feet to a 518" Iron Rod Found for angle point; and, 2.) N 18 a distance of 770.57 feet to a 1/2" Iron Rod Founo for the northwest comer at the southwest comer of Callaway House Parking Subdivision according to the plat of record In Volume 5038, Page 284 (OJD.R.B.C.T.); THENCE, N 63'46'43" E, along the southeast line of said Callaway House Parking Subdivision, a distance of 245.28 feet to a.112" Iron Rod found for the northeast comer at the southeast comer of said Callaway House Parking Subdivision, same being a point in the westerly right- of-way line of the Union Pacific Railroad right-of-way; THENCE, along said westerly right- of-way line of the Union Pacific Railroad right -of -way, the following courses: 1.) S 26 E, a distance of 274.12 feet to a 1/2" Iron Rod Found for an interior all comer;, 2.) N 63 E, a distance of 10.00 feet to a 112" Iron Rod Found for an exterior ell comer;' 3.) S 26 E, a di*nce of 375.40 feet to a 1/2" Iron Rod Found for an exterior ell comer. 4.) S 63'4643 W , a distance of 10.00 feet to a 112" Iron Rod Found for an Interior ell comer; .pnd, 5.) S 28'1717" E, a distance of 944.21 feet to a 518" Iron Rod Found for the southeast comer at the southeast comer of the aforesaid 15.1481 acre tract, same being a point In the aforesaid northwest right- of-way Una of Luther Street; THENCE, S 45'38'34" W, along said northwest right- of-way line of Luther Street, a distance of 50256 feet to the POINT OF BEGINNING AND CONTAINING AN AREA OF 13.768 ACRES OF LAND, MORE OR LESS, ocoording to a survey performed on the ground on September 23, 2003, under the supervision of H.; Curtis Strong, Texas Registered Professional Land Surveyor No. 4961. EXHIBIT_ I �IL IL M M IN WE o c � .. M 1 e S