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Home My WebLink AboutEASEMENTS Doc Bk Vol Pg 00836597 OR 5717 57 PUBLIC UTILITY EASEMENT DATE: CA) b I r 5 GRANTOR: GREENS PRAIRIE INVESTORS, LTD., a Texas limited partnership GRANTOR'S MAILING ADDRESS: 4490 Castlegate Drive (including county) Brazos County College Station, Texas 77845 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue Brazos County College Station, Texas 77842 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration. PROPERTY: All that certain tract or parcel of land containing 2,529 square feet or 0.0581 acres of land, more or less, lying and being situated in the Robert Stevenson League, Abstract No. 54, in College Station, Brazos County, Texas, being part of Lot 15, and Lot 15A, of Section 2, Phase 2, Castlegate Subdivision, as recorded in Volume 4618, Page 295 -296, of the Brazos County Official Records; and said 2,529 square feet of land 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; upon, over, under and across the said Property as described and any ways, streets, roads, or alleys abutting same; and the right to cut, trim, and control the growth of trees and other vegetation within or along 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 and as may be necessary to prevent possible interference with the operations of said facilities and/or equipment or to remove possible hazards thereto. It being understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of GRANTEE. Bg/legal... group( o) / easements /greensprairie/castlegate -sec /- phase/ /public utility easement.doc 10/13/2003 Doc Bk Vol Pg 00836597 OR 5717 58 GRANTOR expressly subordinates 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. 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 GRANTOR does hereby bind itself, its 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. GREENS PRAIRIE INVESTORS, LTD., a Texas Limited Partnership By: GREENS PRAIRIE ASSOCIATES, LLC Its General Partner By: Gj /J et £...�/// i�'� WALLACE PHILLIP , Manager 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. THE FIRST NATIONAL BANK OF BRYAN By: �e94 s , Printed ame: ,4 e,4 'Moor Jo/7 Title: -i CJc c c, -/ Lt i - 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. By: OTHY J. CR EY APPROVED AS TO FORM: THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SUBMISSION FOR APPROVAL i City Attorney 2 Bg/ legal.. .group(o) /easementsedelweiss/09 -2003 utility /public utility easement.doc 09/12/2003 Doc Bk Vol Pg 00836597 OR 5717 59 THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on the /7 day of 4,41_ 2003, by WALLACE PHILLIPS, Manager of GREENS PRAIRIE ASSOCIATES, LLC, General Partner of GREENS PRAIRIE INVESTORS, LTD., a Texas limited partnership, on behalf of said limited partnership. r r EAAAAATORRES foxy_ rr�swsITee. N Y PUBLIC in and for the State of Texas •• + ryor+• JANU11RY 3t. 200e THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrumen was acknowled ed bef e me on the c c day of eda.A 2003, by 1,, - �� , L. th,cti ? at Lj THE FIRST NATIONAL BANK OF BRY • , on behalf of HE FIRST NATIONAL BANK OF BRYAN. JUDY O. CL. e N ARY : I : LIC in e 4 ' and f State of Texas Notary Pubic, State of L ::as i My Comrni;;sion c s THE STATE OF TEXAS § 474-242AS § ACKNOWLEDGMENT COUNTY OF EIVEigig § This instrument was acknowledged before me on the c day of aidelL---, 2003, by TIMOTHY J. CROWLEY. ,ef CYNTHIAA HAGGARD 2/ o NOTARY PUBLIC r t' O t State of Texas . /. / LJ0L. g ' ("Comm. Exp. 05 -03 -2007 NOT le Y PUBLIC in and for t ate of Texas 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, TX 77842 -9960 College Station, TX 77842 - 9960 3 Bg/ legal.. .group(o) /easementsedelweiss /09 -2003 utility/public utility easement.doc 09/12/2003 Doc Bk Vol Pg (---- kma.saty 1 um I 1 60 GREENS PRAIRIE INVESTORS, LTD N Irj. . REMAINDER OF 316.02 ACRE �?• TRACT, VOL 3905, PG 55. 1s 6 • C A & 0 , \ N 46'32• G 4- 4.26' E ti t 1p %\ 0 LOT 15A o ,, ''47 LOT 15A CI 0 3 N r / CASTLEGATE SUBDIVISION z Ph' 41 CASTLEGATE SUBDIVISION SECTION 2, PHASE 2 `' , A' SECTION 2, PHASE 2 VOL. 4618, PG. 295 -296 y co VOL. 4618, PG. 295 -296 2 IT c, OWN 4 O cv \ _ 1 — Ys.B 157,2560 6 ' 9 i _ Off, O O ( cs s 6 _ // F 5 A� 1 0 g4. >> >� � � J \ `sF o 0 • 0 �F . F F.p � o )y� �S — • °s- \ 1 ` S -9 \'F� ` �9 �° a)- °O < �� \ S \ �F `e ,p � S <v O y C / d' 9o G ,Q` � '. p4, ----- < O,' 3 F `�o • A \ ' 2 0 � • FJ 9 S 0c, 7 s'I, \pF c o, Ftir c \ o ,q ? r 4- co til'P Z MON #137 \ I, Dante Carlomagno, Registered Professional Land Surveyor No. 1562, do hereby certify that the above survey is a true and accurate representation of an actual on the ground survey \ mode under my supervision and that there are no encroachments or overlaps unless otherwise shown. 4.0.-- di Dante Carlomogno Texas Registered Professional Land Surveyor, Number 1562 NOTE: All control referred to the 1983 Texas State Plane Coordinate System, Lambert Projection, Central Zone File name: SECTION 12- 20FT— PUE -1.DWG 30 0 30 60 90 Feet Plot date: 06/23/03 at 14:59 4---{ i---1 I-- I I OF 7-z, 20' UTILITY EASEMENT ,P••° C 2 ISTER•• ° " 0.0681 ACRES .* R-- ■ F CI' OUT OF LOT 15A, AND LOT 15 • DA•TE CARLOMAGNO _ SECTION 2, PHASE 2, VOL 4618, PG. 295 -296 DRAWN 8Y: y ••• ROBERT STEVENSON SURVEY, A -54 A. WALLACE - 1562 ,' / BRAZOS COUNTY, TEXAS DRAWING #: l °•2FESSot o ' SECTI2-ESMT-1 9tio •s . Rv tk i CARLOMAGNO Surveying ' Inc. _ - 2714 Finfeather Road, Bryan, Texas 77801 FXHIBITA Doc Bk Vol pg . 00836597 OR 5717 61 METES AND BOUNDS DESCRIPTION OF A 0.0581 ACRES TRACT OF LAND 20''WIDE PUBLIC UTILITY EASEMENT OUT OF LOT 15, AND LOT 15A OF SECTION 2, PHASE 2 ROBERT STEVENSON SURVEY, A -54 COLLEGE STATION BRA.ZOS COUNTY, TEXAS All that tract or parcel of land lying and being situated in Brazos County, Texas, being part of Lot 15, and Lot 15A, of Section 2, Phase 2, as recorded in Vol. 4618, Page 295 -296, of the Brazos County Official Records, out of the Robert Stevenson Survey, A -54, and being more particularly described by metes and bounds as follows with all control referred to the 1983 Texas State Plane Coordinate System, Lambert Projection, Central Zone: • BEGINNING at a point for corner having a Texas State Plane Coordinate Value of Y= 10,187,256.55(N), X= 3,572,631.66 (E) and being North 58°46'19" West, a distance of 2,469.14 feet from Monument #137 referenced to said Coordinate System; THENCE across said Section 2, Phase 2 for the following calls: THENCE South 73 °05'09" West, a distance of 11.75 feet to a point for corner; THENCE South 19 °51'49" West, a distance of 10.64 feet to a point for corner; THENCE North 38 °56'04" West, a distance of 128.90 feet to a point for corner; THENCE North 47 °40'22" East, a distance of 15.78 feet to a 5/8" iron rod found for corner; THENCE North 46 °32'53" East, a distance of 4.26 feet to a point for corner; THENCE South 38 °56'04" East, a distance of 129.06 feet to the PLACE OF BEGINNING containing 2,529 square feet or 0.0581 aces= z,, l 'i! RI at6AG- ,. Dante Carlomagno # s ? •�.� a Texas Registered Professional Land " ' .2 Section 12- esmtl.doc 06/19/2003, 06/23/2003 EXHIBIT 0 $ :1 -91 � 5 z 1; Is ... . n3* fU x I E N kf 74