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Home My WebLink AboutPublic Utility EasementDoe Bk Vol Pg 00842768 OR 5880 102 PUBLIC UTILITY EASEMENT DATE: � GRANTOR: SPACE CONTROL, LTD., a Texas limited partnership GRANTOR'S MAILING ADDRESS: 2112 Southwood Drive 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: Being all that certain tract or parcel of land containing approximately 5,008.1 square feet of land, more or less, out of and a part of Lot 1, Block 1, of the Jordan Subdivision, City of College Station, according to plat thereof recorded in Volume 2560, Page 337, of the Official Records of Brazos County, Texas, and being a part of the property conveyed by Joe D. Marek and Patrick G. Marek to Space Control, Ltd. in Assumption Warranty Deed with Vendor's Lien dated April 7, 2003, recorded in Volume 5230, Page 1, of the Official Records of Brazos County, Texas; said 5,008.1 square feet being more particularly described by metes and bounds description on Exhibit "A" attached hereto for all intents and purposes. provided, however, that 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, under, 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 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 said property shall remain the property of GRANTEE. bg/legal ... group(o)/easements/space control/easement.doc i i w7 im 00842768 OR 5820 103 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. GRANTOR will provide GRANTEE with the names and addresses of all lenders. 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 himself, his heirs, executors and administrators, 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. EXECUTED this Zay of , 2003. SPACE CONTROL, LTD., a Texas limited partnership By Its Sole General Partner JDP HObH INC., a Texas corporation Patrick G�-Nlar�lt; President CONSENT AND SUBORDINATION BY LIENHOLDER Lienholder, as the holder of lien(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. STATE BANK 0 APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SUBMISSION FOR APPROVAL r City Attorney PA bg/legal ... group(o)/easements/space control/easement.doc Doc OR V ol 582 104 THE STATE OF TEXAS § COUNTY OF BRAZOS § ACKNOWLEDGMENT r This instrument was acknowledged before me on this day of , 2003, by PATRICK G. MAREK, PRESIDENT OF JDP HOLDINGS, INC., a Texas corporation, as Sole General Partner of SPACE CONTROL, LTD., a Texas limited partnership, on behalf of said limited partnership. M xw s 6 THE STATE OF TEXAS § COUNTY Of �5 § ACKNOWLEDGMENT "s i ent w knowledgglLbefore me on theQ�day of 002, by i of STATE BANK, on behalf of said bank. LYNDI GYUG Notary Put*c, Stare of Texas LT& My CooKr"m Expires JANUARY 8, 2006 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 bg/legal ... group(o)/easements/space control/easement.doc 11/17/03 Doc Bk Vol Rg 00842768 OR 5820 105 A boundary description for an easement covering the water he and fire hydrant in the Pat and Joe Marek Muu- Storage Project at 3820 Harvey Road. Beginning at a point, said point being the Northwest corner of Lot 1 Block 1 of the Jordan Subdivision in the City of College Station, Texas, said point also lying in the Southeast RO.W. line of State Highway 30 (Harvey Road), said point also being the Point of Beginning; Thence N 45 ° 03' 43" E a distance of 15.00 feet along the Northwest property line of Lot 1 Block 1 of the Jordan Subdivision, same being the Southeast R.O.W. line of State Highway 30; Thence S 44° 53' 55" E along a line, said line being parallel to and 15.00 feet northeast of the southwest line of Lot 1 Block 1, a distance of 89.58 feet to a point for comer and an angle to the right; Thence N 45 ° 06' 05" E a distance of 7.00 feet to a point for corner; Thence S 44° 53' 55" E a distance of 10.00 feet to a point for corner; Thence S 45 ° 06' 05" W a distance of 7.00 feet to a point for corner; Thence S 44° 53' 55" E along a line, said line being parallel to and 15.00 feet northeast of the southwest line of Lot 1 Block 1, a distance of 206.27 feet to a point for corner and an angle to the right; Thence N 45 ° 06' 05" E a distance of 20.04 feet to a point for corner; Thence S 44° 53' 55" E a distance of 10.00 feet to a point for corner; Thence S 45° 06' 05" W a distance of 35.04 feet to a point for corner, said point lying on the southwest property line of Lot 1, Block 1, of the Jordan Subdivision; Thence N 44* 53'55" W a distance of 315.84 feet along the southwest property line of Lot 1, Block 1, ofthe Jordan Subdivision to the Point ofBeginning, containing approximately 5,008.1 sq. ft., more or less. O F y .�.s ...................i�• EL£EY B. ASH. " •Ni.� ........................ .o 660 3 0 . �s Ge 'taISTE RE ; -` EI,,& su EXHIB Doc Bk Vol Rg 00842768 OR 5820 1 Filed for Record in: BRAZOS COUNTY On: Jan 15,2004 at 08:32A As a Recordings Document Number: 00842768 Amount 19.00 Receipt Number — 234187 Susie Cohen BTRTE OF TE18T3 MW IF WS I hereby certify that this instrument was filed on the date and time stamped hereon by me and was duly recorded in the volume and page of the noted records of: Mos CDJM as stamped hereon by me. Jan 15 ,004 BRAZIS cm