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Home My WebLink AboutEasement Info00838287 OR 57441 1969 TEMPORARY BLANKET UTILITY EASEMENT DATE: :0 CZ I -44 / J .1 Da23 GRANTOR: SOLTTHWOOD WEST, a General Partnership composed of Jeffrey L. McDowell and James Woods GRANTOR'S MAILING ADDRESS: 4101 Texas Avenue, Suite B (including county) Brazos County Bryan, Texas 77802 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING 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 of Lots Five (5) and Six (6), Blo CENTER, an addition to the City of ( according to the Plat thereof recorded in Records of Brazos County, Texas. ;k Two (2), EDELWEISS BUSINESS ;ollege Station, Brazos County, Texas, Volume 5002, Page 151, of the Official 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. 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 vehicular 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. bg/group/oleasenents/southwood west/temporaryblanketuttlfryeasement.doc 07/01/2003 00838287 OR 57441 1979 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 Built" 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. SOUTHWOOD WEST, a General Partnership com- posed of Jeffrey L. McDowell and James Woods By- EFFREY L. McDOWELL, Partner JAMES WOODS, Partner 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. FIRST AMERICAN BANK, SSB, a Texas State Savings Bank By: Prii Tit] APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. s City Attorney bg/group/o%asements/southwood west /temporaryblanketutiliryeasement.doe 07/01/2003 Doe Bk Vol Pg 00838287 OR 5744 198 THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on the «q day of :fl(PUTIALICA 2003, by JEFFREY L. McDOWELL, Partner of SOUTHWOOD WEST, a General Partnership composed of Jeffrey L. McDowell and James Woods, on behalf of said general partnership. BECKY POE MY COMMISSION EXPIRES p~F S ..IIN• October 22, 2005 THE STATE OF TEXAS COUNTY OF BRAZOS vo Notary Public in and the State of Texas ACKNOWLEDGMENT This instrument was acknowledged before me on the day of , 2003, by JAMES WOODS, Partner of SOUTHWOOD WEST, a General Partnership composed of Jeffrey L. McDowell and James Woods, on behalf of said general partnership. BECKY POE MY COMMISSION EXPIRES 0-~ Odober24 2005 THE STATE OF TEXAS G Notary Public in And for the State of Texas § ACKNOWLEDGMENT COUNTY OF BRAZOS § This ins ent .was acknowledged b f re me on the day of do" 2003, by Sk , N~ 0 lc,a-r' of FIRST AMERICAN BANK, SSB, a Texas State Savings Bank, on behalf of said b,,,~lc. ~ANTHA ANN MUMFORD Public, State of Texas ot Public in and for the My Commission Expires EPTEMBER 30, 2006 PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842-9960 bg/group/o%asements/southwood west /temporaryblanketutilityeasem .do 07101/2003 RETURN ORIGINAL DOCUMENT TO: City of College Station Legal Department P.O. Box 9960 College Station Texas 77842-9960 Q z A m ER 170 & m R...`` n c Z 0 Roc Bk Vol Pg 0840151 OR 5775 99 PUBLIC UTILITY EASEMENT DATE: _0k). J I ) Jr)0- GRANTOR: SOUTHWOOD WEST, a General Partnership composed of Jeffrey L. McDowell and James Woods GRANTOR'S MAILING ADDRESS: 4101 Texas Avenue, Suite B (including county) Brazos County Bryan, Texas 77802 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 0.14 acre tract or parcel of land lying and being situated in the Crawford Burnett Survey, Abstract No. 7, College Station, Brazos County, Texas and being part of Lot 6, Block 2 - Edelweiss Business Center, according to the plat recorded in Volume 5002, Page 151, of the Official Records of Brazos County, Texas, and part of Lot 7, Block 2 - Edelweiss Business Center, according to the plat recorded in Volume 5391, Page 21, of the Official Records of Brazos County, Texas; said 0.14 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; 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. Page 1 Bgllegal...group(o)/easements/southwood westlpublic utility easement.doc 11/18/2003 Doe Bk Vol Pg 00840151 OR 5775 100 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. SOUTHWOOD WEST, a General Partnership com- posed of Jeffrey L. McDowell and James Woods By: 69t__ JEFFREY L. McDOWELL, Partner By: JAMES WOODS, Partner 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. FIRST AMERICAN BAND a Texas State Savings B _ By: v t Printed Name: Title:.' N n c APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. City Attorney. 0 Page 2 Bg/legal...group(o)/easements/southwood west/public utility easement.doc 11/18/2003 Doc Bk Vol Pg 00940151 OR 5775 101 THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on the I day of fl i10 r11LL.(fn, 2003, by JEFFREY L. McDOWELL, Partner of SOUTHWOOD WEST, a General Partnership composed of Jeffrey L. McDowell and James Woods, on behalf of said general partnership. t1I'eCKY POE s MY (`fWMI88ION EXPIRES W" 92. M THE STATE OF TEXAS COUNTY OF BRAZOS - ce Notary Public in and for the State of Texas ACKNOWLEDGMENT This instrument was acknowledged before me on the -i,*))- day of'Ol!l Q gyd i r - , 2003, by JAMES WOODS, Partner of SOUTHWOOD WEST, a General Partnership composed of Jeffrey L. McDowell and James Woods, on behalf of said general partnership. Ff"• BECKY POE MY COMMISSION EXPIRES October 22, 2005 THE STATE OF TEXAS COUNTY OF BRAZOS ' C J Notary Public In and for the State of Texas ACKNOWLEDGMENT This instrument was acknowled ed before me on the Q)- day of D o 2003, by f]pr°,) . e 1C (c,__, 43 P. of FIRST AMERICAN BANK, SSB, a Texas State Savings Bank, on behalf of said bank. M MELISSA EDWARDS Notary Public, State of Texas . My Commission Expires - DECEMBER 18, 2003 N PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842-9960 is in and for the State of Texas RETURN ORIGINAL DOCUMENT TO: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842-9960 Page 3 Bg/legal...group(o)/easements/southwood west/public utility easement.doc 11/18/2003 OF ..F go , TF 15' Public Utility Easemer»oc Bk Vol Pg T~s, Across 00840151 OR 5775 102 016 N Lots 6 & 7, Block 2 KLING ~QQ3 Edelweiss Business Center r o?~•O~. Vol. 5002, Pg. 151 & Vol. 5391, Pg. 21 ss1 v~-~ Crawford Burnett Survey, A-7 SUFI College Station, Brazos County, Texas Field notes of a 15' strip or parcel of land, lying and being situated in the Crawford Burnett Survey, Abstract No. 7, College Station, Brazos County, Texas, and being part of Lot 6, Block 2 - Edelweiss Business Center, according to the plat recorded in Volume 5002, Page 151, of the Official Records of Brazos County, Texas, and part of Lot 7, Block 2 - Edelweiss Business Center, according to the plat recorded in Volume 5391, Page 21, of the Official Records of Brazos County, Texas, and being more particularly described as follows: COMMENCING at an "x" in concrete drive marking the common comer between the beforementioned Lots 6 and 7, Block 2 and in the northeast right-of-way line of Farm to Market Road No. 2154 (Wellborn Road); THENCE S 47''03 SW E along the northeast right-of-way line of the beforementioned Farm to Market Road No. 2154 for a distance of 11.72 feet to the PLACE OF BEGINNING of this description; THENCE N 43° 57'33" E for a distance of 157.12 feet to a 60d nail set; THENCE N 46° 02' 27" W for a distance of 43.43 feet to a 60d nail set; THENCE N 43° 57' 33" E for a distance of 15.00 feet to a 60d nail set, the east corner of building A bears N 45° 22' 14" W - 2.09 feet; THENCE S 46° 02'27" E for a distance of 43.43 feet to a 60d nail set; THENCE N 43° 57'33" E for a distance of 125.60 feet to a 60d nail set; THENCE N 46° 02'27" W for a distance of 51.89 feet; THENCE N 43° 57' 33" E for a distance of 15.00 feet to a 60d nail set, the east corner of building B bears S 61 ° 28'20" W 4.85 feet; THENCE S 46° 02' 27" E for a distance of 66.89 feet to a 60d nail set; THENCE S 43° 57' 33" W for a distance of 312.45 feet and corner in the northeast right-of-way line of F.M. No. 2154; THENCE N 47° 03' 58" W along the northeast right-of-way line of F.M. No. 2154 for a distance of 15.00 feet to the PLACE OF BEGINNING, containing 0.14 acre of land, more or less. Surveyed November 2003 E sEYENT METES.- LINE BEARING DISTANCE L 1 N 4J57'33 "E 15712' By: L2 N 46'0227'W 4343' L3 N 43'57 33 E 15.00' t L 4 S 46'02 27'E 43.43' SCALE: t -50' S. M. Kling L5 N 43'573JT 125.60' L 6 N 46'02 27'W 51.89 R.P.L.S. No. 2003 L7 N 43'57:33E 15.00' L8 S 46*02271F 66.89' ; L9 S 43'5733'W 312.45' Z n 110 N 47'0358'14' 15.00' Q I 1A , LOT 6, BLOCK TWO j ~ r EDELWEISS BUSINESS CE R BUILDING B o , , BUILDING A ' LOTS 5 & 6, BLOCK TW H I I VOL. 5002, PG. 151 ' I r_ N 4522'14' W-2.09' k , ' I 25' PRIVATE ACCESS EASEMENT X5T 5~T IN T- - -f`FT 11~ i N N CONCRETE ~j Q1 Op I ' ~r T _ 5 4T03'58•E 11.72 i L5 1 ;k 7:7 ' 15' PUBLIC unutr-- Lg ' O i , EASEMENT LOT 7, BLOCK TWO , , I 0.14 ACRE EDELWEISS BUSINESS CENTER , i LOTS 7 & S, BLOCK TWO i I ' „ . , a 111 ; ■ VOL. 5391, PG. 21 I ' KLING ENGINEERING & SURVEYING BRYAN. TEXAS v Doc Bk Vol Pg._ 00640151 OR 5775 X103 Filed for Record in: On: Dec 17, M3 at 08:05A As a Recordings Document Nuiberi 00840151 Amount 17.00 Receipt Number - 232491 BY, Flo Workman SMI T MRS MITI IF I hereby certify that this iostruent vas filed en the date and time staiptd hereon by it and ws doly recorded in the w we ad page of the need records oft MM MKTY as striped hereon by w. Dec 17, 2003 tqMBI.E NO K EfN, MKrY MR Bwa MITY es