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Home My WebLink AboutEASEMENTS Doc Bk Vol Pg • 00845215 OR 5862 278 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. PUBLIC UTILITY EASEMENT DATE: / O 7 GRANTORS: TWIN CITY CHURCH OF CHRIST, a Texas non - profit corporation GRANTORS' MAILING ADDRESS: 810 Southwest Parkway East Brazos County College Station, Texas 77840 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue Brazos County College Station, Texas 77842 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration PROPERTY: All that certain 2,001 square feet or 0.046 of one 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 part of that certain Called 2.3 acre tract as described in deed from Ronald Cruse, Trustee to Twin City Church of Christ of record in Volume 512, Page 626, Deed Records of Brazos County, Texas, said 2.3 acre tract also being known as Lot 2, Block 7, SOUTHWEST CROSSING, PHASE THREE, of record in Volume 699, Page 655, Deed Records of Brazos County, Texas, said 2,001 square feet or 0.046 of one 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; Storm sewers and collection facilities; Television, telephone, and communications lines; Drainage ditches, drainage pipes and all other drainage structures, surface and subsurface; Page 1 Bg/legal...group(o) /easements /twin city church of christ /public utility easement.doc 01/21/2004 Doc Bk Vol Pg 00845215 OR 5862 279 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 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: None. TO HAVE AND TO HOLD, the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, forever, and 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. TWIN CITY CHURCH OF CHRIST, a Texas non - profit corporation By ,C! JOHN irector By: G MIKE McCASLAND, irector By: WAY�i'E MOODY, Direct 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. COMPASS BANK (formerly COMMERCE NATIONAL BANK) orrPr By: / Printed Name: «r ° Title: (5-.(Jr / ' cr# Page 2 Bg/legal...group(o) /easements /twin city church of christ /public utility easement.doc 01/21/2004 Doc Bk Vol Pg 00845215 OR 5862 280 THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on this l3 day of . te h , 2004, by 1/49-eV Q 177 eh 1 Q , S Y of COMPASS BANK (formerly COMMERCE NATIONAL BANK), on behalf of COMPASS BANK (formerly COMMERCE NATIONAL BANK). PATRICIA L. CEARLEY L _ * ` a * Notary Public, State of Texas Notary Public in and for the State of Texas My Commission Exp F DECEMBER 27, 2004 PREPARED IN THE OFFICE OF: AFIER 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 /twin city church of christ /public utility easement.doc 01/21/2004 Doc Bk Vol Pg 00845215 OR 5862 281 APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SUBMISSION FOR APPROVAL 1 , City A torney THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § • This instrument was acknowledged before me on th ' day of UM1 , 2004, by JOHN MURPHY, Director of TWIN CITY CHURCH OF CHRIST, a Texas non - profit corporation, on behalf of said TWIN CITY CHURCH OF CHRIST, a Texas non - profit corporation. A` FY1 % J. DALE BROWNE JR. � / 1, . Notary Public, State of Texas 0-111,1111,j 3i i\ Expires ' l otary Public in and for th- to of Texas ,� , d M Y Commission Ex p y�; I Ir. . October 24, 2007 THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on this 4 114 day of frf*th4.0 , 2004, by MIKE McCASLAND, Director of TWIN CITY CHURCH OF CHRIST, a Texas non - profit corporation, on behalf of said TWIN CITY CHURCH OF CHRIST, a Texas non - profit corporation. ap.. , { r'ALE BROWNE JR. „ gia . •° o; *. , i- , State of Texas � M' rGmmsaion Ex Tres +'% 1 "s' N C c` -:.'r 24, 2007 y Public in a nd for the of T exas THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on this day of f-0Af, 2004, by WAYNE MOODY, Director of TWIN CITY CHURCH OF CHRIST, a Texas non - profit corporation, on behalf of said TWIN CITY CHURCH OF CHRIST, a Texas non - profit corporation. .,.t�i.,:4. ° O' ` J. DALE BROWNE � Notary Public, te of Te xas S �Lfi :n. My Commission Sta E xpire s . ►� • f;; �•�r October 24, 2007 N ary Public in and for thee of Texas �, ' tin11a N Page 3 Bg /legal...group(o) /easements /twin city church ofchrist /public utility easement.doc 01/21/2004 Doc Bk Vol Pg 00845215 OR 5862 282 EXHIBIT "A" FIELD NOTES 0.046 OF ONE ACRE OUT OF THE TWIN CITY CHURCH OF CHRIST CALLED 2.3 ACRE TRACT VOLUME 512, PAGE 626 MORGAN RECTOR LEAGUE, A — 46 COLLEGE STATION, BRAZOS COUNTY, TEXAS OCTOBER 28, 2003 All that certain lot, tract or parcel of land being 0.046 of one acre situated in the MORGAN RECTOR LEAGUE, Abstract No. 46, Brazos County, Texas, and being a part of that certain Called 2.3 acre tract as described in deed from Ronald Cruse, Trustee to Twin City Church of Christ of record in volume 512, Page 626, said 2.3 acre tract also being known as Lot 2, Block 7, SOUTHWEST CROSSING, PHASE THREE, of record in Volume 699, Page 655, said 0.046 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point in the southeast right -of -way line of SOUTHWEST PARKWAY and the northwest line of said Called 2.3 acre tract for the most northerly corner, a 1/2" Iron Rod found for the most northerly corner of said Called 2.3 acre tract bears N 44 ° 39 ' 49 " E a distance of 65.46 feet; THENCE S 51 ° 17 ' 23 " E, over and across said Called 2.3 acre tract a distance of 132.65 feet to a point for the most easterly corner; THENCE S 38 ° 42 ' 37 " W, over and across said Called 2.3 acre tract a distance of 15.00 feet to a point for the most southerly corner; THENCE N 51 ° 17 ' 23 " W, over and across said Called 2.3 acre tract a distance of 134.21 feet to a point in the northwest line of said Called 2.3 acre tract and the southeast right -of -way line of said SOUTHWEST PARKWAY for the most westerly corner, a 1/2" Iron Rod found for the most westerly comer of said Called 2.3 acre tract bears S 44 ° 39 ' 49 " W a distance of 169.46 feet; THENCE N 44 ° 39 ' 49 " E, along the northwest line of said Called 2.3 acre tract and the southeast right -of -way line of said SOUTHWEST PARKWAY a distance of 15.08 feet to the PLACE OF BEGINNING containing 2,001 square feet or 0.046 of one acre of land more or less, according to a survey performed on the ground on July 7, 2003, under the supervision of H. Curtis Strong, Registered Professional Land Surveyor no. 4961. North Orientation is based on rotating the northwest line of 2.3 acre tract to deed calls. eist r ♦ t '''' **** • � H� > c• ' s ti � o 4961 1: s s . °• U ' / S R* EXHIBI Doc Bk Vol Rg 00845215 OR 5862 283 , 1722 Broadmoor, Suite 105 '. ,. i -.. TRONG K Bryan, Texas 77802 " SURVEYING Phone: ( 731 096 fri Li ,. Fax cstrongotxcyber.com N EXHIBIT "B" NOTES: NORTH ORIENTATION IS BASED ON ROTATING THE NORTHWEST LINE TO DEED CALLS. IRON RODS WERE NOT SET AT EASEMENT CORNERS. Fnd. I/2• Iron Rod SCALE: 1" = 100' North Corner of 2.3 Ac. CI 6 6. 0 o ,, ti� � S . / �• 4, 4 /SOa ii 23` x1 4 'i? o F f . . 'oTs 3 '`' 6 it qo / ?ss , S A S *. ;Tip* ` F Q F H ° O Fnd. I /2" Iron Rod A O West Corner of 2.3 Ac. ' . LOT • BLO ' 1, " A s H SOUT EST RO G ,. o P REE 4. 699/655 O , y O NNNN 4 y V SURVEY OF A 15' WIDE PUBLIC UTILITY EASEMENT 0.046 OF ONE ACRE OUT OF THE TWIN CITY CHURCH OF CHRIST CALLED 23 ACRE TRACT VOLUME 512, PAGE 626 EXHIBIT A MORGAN RECTOR LEAGUE, A - 46 COLLEGE STATION, BRAZOS COUNTY, TEXAS SCALE 1" = 100' OCTOUR X 28 „203 :_ : 1 gr 0 .. • 4 q ra n7 IA g � 2 l -a g rrpp rl� • N `s LL o IS i i P.:: RI RI 1 RI R � 1 Filed for Record in: *RIQ5 COUNTY On: Nov 10, 2003 at 02 :1BP Parking Easement As a Recordings THE STATE OF TEXAS Documer►t Numbers 10936497 COUNTY OF BRAZOS Amount 13.00 Receipt Nueber - 23J 74 b THIS PARKING AGREEMENT is made and entered into as of the 10 day of NovoNber, by and between the Twin City Church of Christ ( "Church ") and McCord Engineering,W.y( Cord ") • WHEREAS, Twin City Church of Christ is the owner of Lot 2 of Block 7, Southwest Crossing, Phase III (Vol. 669, Pg. 655 Official Records of Brazos County, Texas) located at 810 Southwest Parkway E. within the City of College Station, Brazos County, Texas (herein after referred to as the "Church Property "); WHEREAS, McCord Engineering, Inc. is the owner of a 1.81 acre tract out of Lot 1, of Block 7, Southwest Crossing, Phase III (Vol. 4703, P. 266 Official Records of Brazos County, Texas) Located at 916 Southwest Parkway E. within the City of College Station, Brazos County, Texas (herein after referred to as the "McCord Property "); WHEREAS, in order to be used as a place of worship the Church Property requires additional off site parking to comply with the parking requirement set forth by the City of College Station Unified Development Code; WHEREAS, McCord and the Church are willing to grant mutual parking easements for the benefit of both the Church and McCord. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Easement Purpose. The mutual easements granted herein are for the sole purpose of parking vehicles in the parking lots of the McCord Property and the Church Property, along with the associated ingress and egress for vehicles and pedestrians along established driveways and sidewalks. 2. Grant of Easement. a. Church, grants, sells, and conveys to McCord an easement over, on, and across the Church Property for the Easement Purpose and for the benefit of the McCord Property, together with all and singular the rights and appurtenances thereto in anyway belonging (collectively, the "McCord Easement "), to have and to hold the McCord Easement to McCord, but only for so long as the Church Property is used for purposes of a place of worship. b. McCord, grants, sells, and conveys to Church an easement over, on, and across the McCord Property for the Easement Purpose and for the benefit of the Church Property, together with all and singular the rights and appurtenances thereto in any way belonging (collectively, the "Church Easement "), to have and to hold the Church Easement to Church, but only for so long as the Church Property is used Tor purposes of a place of worship. c. As used herein, the term "Easement" shall refer collectively to the Church Easement and the McCord Easement. d. The Easement is nonexclusive and irrevocable, but only for so long as the Church Property is used for purposes of a place of worship. Parking Agreement Page 1 of 3 • e. This Easement shall remain in full force and effect for so long as the Church Property is used for purposes of a place of worship. At such time that the Church Property is no longer used for purposes of a place of worship the Easement shall become null and void by its own terms, and McCord shall not be required to file any release, termination or other document to evidence the termination of this Easement. 3. The Church shall maintain the Church Property. 4. The Church does hereby agree to indemnify and hold McCord harmless from any claim, liability, law suit or loss of any kind arising directly or indirectly out of the use of the McCord Property by the Church or its members, tenants, patrons, customers, employees, and invitees. The Church shall at all times maintain a policy of general liability insurance in the minimum amount of $1,000,000.00 covering the Church Property and the McCord Property (limited to the Easement Purpose), such policy to list McCord as an additional insured, and the Church shall provide McCord with evidence of such insurance. 5. McCord shall maintain the McCord Property. 6. McCord does hereby agree to indemnify and hold the Church harmless from any claim, liability, law suit or loss of any kind arising directly or indirectly out of the use of the Church Property by McCord or its shareholders, officers, customers, employees, and invitees. McCord shall at all times maintain a policy of general liability insurance in the minimum amount of $1,000,000.00 covering the Church Property (limited to the Easement Purpose) and the McCord Property, such policy to list the Church as an additional insured, and McCord shall provide the Church with evidence of such insurance. 7. No portion of the drives or parking areas on the McCord Property or the Church Property shall be used for any purpose other than authorized by this instrument and no fence, barricade or improvement shall be constructed by either party that would prohibit the use of the McCord Property or the Church Property for the Easement Purpose. 8. If notification is to be provided hereunder, the same must be in writing and shall be by U.S. Registered or Certified Mail, adequate postage prepaid, directed to the following addresses, but either party's address may be changed from time to time by such party giving notice as provided above: To: McCord Engineering, Inc. 916 Southwest Parkway E. College Station, Texas 77840 To: Twin City Church of Christ 810 Southwest Parkway E. College Station, Texas 77840 9. It is mutually agreed that nothing contained herein shall be deemed a conveyance or dedication in favor of the general public or for any public purpose whatsoever, it being the intention of the parties that this Agreement is for the private benefit of the parties and their respective successors and assigns and shall be strictly limited to and for the purposes herein expressed. 10. The rights and obligations contained in this Agreement and the terms and condition hereof shall be deemed to be covenants running with the land and binding upon the parties and their respective successors and assigns. Parking Agreement Page 2 of 3 McCord Engineering, Inc., a Texas corporation 1 • D. l4licCord Pre dent Twin City Church of Christ, a non - profit unincorporated association Name: [d/ 001 Title: ,41'77/-0!''0 /1 THE STATE OF TEXAS § COUNTY OF elm r 5 § This instrument was acknowledged before me on 11 to ( ° 3 by Jimmy D. McCord, the president of McCord Engineering, Inc., a Texas corporation. DANNY KASPER >> ) *^�= MY COMMISSION EXPIRES Notary Public, o to Texas T f p�gust 2p, 2 006 THE STATE OF TEXAS § t COUNTY OF #L I § ?? This instrument was actin wlgji ged before me on 11 /D QJ by balAi Q��/ , the jUt OYt Zed kgeil t of Twin ity C urch of Christ, a non -profit unincorporated association. a a ubbic, State of xas A'USHA DAVIS * Notary Pubic, State of Texas My Commission Expires of JUNE 20. 2007 - Parking Agreement Page 3 of 3