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HomeMy WebLinkAboutDedication Drainage MEMORANDUM TO: Danielle Charbonnet, Engineering, Public Works Depai tment FROM: Rita Stivors, Legal Clerk, Legal Department SUBJECT: Dedication Drainage and Access Easement Moondance Investments, Ltd. 0.103 acres lying and being situated in the MORGAN RECTOR LEAGUE, Abstract No. 46, Brazos County, Texas DATE: August 4, 2005 Enclosed for your file is a copy of the Dedication Drainage and Access Easement dated May 6, 2005, executed by Lynn Self Ford, President of Cherokee Cafe, Inc. to the City of College Station, Texas, recorded in Volume 6679, Page 90, of the Official Records of Brazos County, Texas. Thanks, Rita Doc Bk Vol #Pq 013891466 OR 6679 9+ 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. DEDICATION DRAINAGE AND ACCESS EASEMENT DATE: 41 4 'r � l 24)1).5 GRANTOR: MOONDANCE INVESTMENTS, LTD. GRANTOR'S MAILING ADDRESS: 16106 Chateau Avenue Travis County Austin, TX 78734 -2731 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue Brazos County College Station, Texas 77842 CONSIDERATION: $10.00 and Other Good and Valuable Consideration PROPERTY: Being all that certain tract or parcel of land containing 0.103 acres, more or less, lying and being situated in the MORGAN RECTOR LEAGUE, Abstract No. 46 in College Station, Brazos County, Texas and being a part of Lot 3 of WEST WOLF PEN CREEK, a subdivision depicted by plat recorded in Volume 3378, Page 3 of the Official Records of Brazos County, Texas, said 0.103 acre being more particularly described by metes and bounds in the attached Exhibit "A ". 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 area outside the Easement Area necessary and incident to the public use of the Easement Area for drainage and public access, to erect, construct and install, and thereafter use, inspect, repair, maintain, reconstruct, modify, make improvements to, and remove the following: 1. pedestrian and bicycle trails and footbridges; 2. any public improvements or structures as are reasonably necessary for the use of the Easement Area as a pedestrian walkway and bicycle path and for the health and safety of the public, including but not limited to irrigation, benches, kiosks, trash receptacles, culverts, signage, landscaping, emergency call boxes, public art, water features and bicycle racks; Page 1 Bg/ legal... group (o) /easements /moondance /drainage and access easement.doc 04/18/2005 Doc Bk V k. P 00891466 OR 6679 91 3. equipment, guy wires and anchors for such lighting in the Easement Area as is reasonably necessary for use of the Easement Area as a pedestrian walkway and bicycle path and for the health and safety of the public; 4. drainage ditches, drainage pipes and all other drainage structures, surface or subsurface and all associated facilities; and/or 5. any other municipal purposes. upon, over, under and across 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 equipment, accessories, or operations and as may be necessary to prevent possible interference with the operation and maintenance of said equipment, accessories, or operations or to remove possible hazards thereto. It being understood and agreed that any and all equipment or structures placed upon the Easement Area by GRANTEE shall remain the property of GRANTEE. 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 EXCEPTIONS: 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. MOONDANCE INVESTMENTS, LTD. By: CHEROKEE CAFE, INC. A Texas Corporation ITS GENERAL PARTNER BY: / 1. : 11 'SELF FORD, esident 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. PLAINSCAPI ' L BANK BY: i it - ••7T► -. Printed Nam - : �f sue: �j 0 Title: 1,11Dfin V,A.• Page 2 Bg/ legal... group (o) /easements /moondance /drainage and access easement.doc 04/18/2005 Doc Pk Vol. Pr! 00891466 OR 6679 92 APPROVED: fat4,,,,6219q1/16 City Attorney THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF TRAVIS § L A____ This instrument was acknowledged before me on this l0 day of 2005, by LYNN SELF FORD, President of CHEROKEE CAFE, INC., a Texas co oration, General partner of MOONDANCE INVESTMENTS, LTD., a Texas Limited Partnership, on behalf of said limited partnership. ■ / / A ,1 • � � *r4;:'' HARPER LINDSAY FORD r exas :' . No ' ^ ta , tat �f Txas of ' t 4. M Com e Expi rees g c or d for the S' yo '�� January 27, 2007 - THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF TRAVIS § e This instrument was acknowledged before me on this day of Y , 2005, by JAMES t D`It65 , 12• O I -E PkESIT)E1JT of PLAINSCAPITAL BANK, on behalf of said PLAINSCAPITAL BANK. . / / / ■ Asir + ► "'��;. HARPER LINDSAY FORD ri Notary Public, State of Texas a TN' ■ bl c . r d for the St. * exas ' �:` ., ;�. ��� My Commiss Expires °;,�+ January 2 2007 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, Texas 77842 -9960 College Station, Texas 77842 -9960 Page 3 Bg/legal... group (o) /easements /moondance /drainage and access easement.doc 04/18/2005 Doc 13k Vol Po 00891466 OR 6679 93 METES AND BOUNDS DESCRIPTION OF A 0.103 ACRE TRACT (A VARIABLE WIDTH ACCESS EASEMENT) WEST WOLF PEN CREEK MORGAN RECTOR LEAGUE, ABSTRACT NO. 46 COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes and bounds description of all that certain 0.103 acre tract or parcel of land, being a variable width access easement and being a portion out of Lot 3, West Wolf Pen Creek, a subdivisions depicted by plat recorded in VOLUME 3378 PAGE 03 of the Official Records of Brazos County, Texas, said 0.103 acre tract being more particularly described as follows: BEGINNING at a point for the northeast corner of said Lot 3, said point lying in the southeast right -of -way line of Harvey Road. THENCE S 29° 20' 35" E- 25.64 feet with the northeast line of said lot to a point for angle point; THENCE S 40° 59' 04" E- 195.51 feet with said lot line to a point for corner; THENCE S 44° 53' 18" W- 20.05 feet with the southeast line of said lot to a point for corner; THENCE N 40° 59' 04" W- 220.64 feet across said lot to a point for corner in said Harvey Road right -of -way line; THENCE N 45° 45' 53" E- 25.21 feet with said right -of -way line to the PLACE OF BEGINNING and containing 0.103 acres of land. Basis of Bearings: Plat of West Wolf Pen Creek a subdivision recorded in VOLUME 3378 PAGE 03 March 2005 MUNICIPAL DEVELOPMENT GROUP College Station, Texas • Prepared by: �■ / ' % � ��;• * 9 0 L :57 k Gregory K. Ta. jrt R.P .S.5676 t' GREGON K. MGGART 7 \( L;'.376 i D 4. 2v© 000009 -f.45 (3819) EXHI g IT A --- ,5 - ' 0.r .• y. �`� tr., ,... IY 4 Z C1. "1 a r j1 � J r,, � iY t g. IM a 4 t..;,, r q�1 Y / 1 P � Y a : r., ,-,-,J1 , F E4...;"..: !.:.: 4' , z, , ,,....-4. 1 61 v . U a rn 1,, x-1 M g . r., r, z rc 0• , i f i !y' 1 a Ki ' t: rp • . , • DocBic V ol )-1-.1 o89I46 OR 6679 94 GENERAL NOTES; 1. BASIS OF BEARINGS: PLAT OF WEST WOLF PEN CREEK A SUBDIVISION RECORDED IN VOLUME 3378, PAGE 03. 2. SEE METES AND BOUNDS DESCRIPTION FOR FURTHER INFORMATION Q 'S. ../ O SO 200 SCt/.E1. 1 " = SO' , 35' PRIVAT HARVEY ROAD ACCESS EASEMENT , 45 °45'53" E _ 25.21' 20' P.U.E. 1 Aii. 1 1 I I - - - L -- - -- - -- P • 0 • • B B . - -� - - -- -- --- 29 °20'35" E ACCESS EASEMENT & 25.64' 25' PUBLIC UTILITY EASEMENT.___ _ _ _ _ _ ' VARIABLE WIDTH ACCESS EASEMENT 0.103 ACRE TRACT (0 O N N WEST WOLF PEN CREEK a) VOLUME 3378, PAGE 03 2 3 20_00' Z LOT 3 W NOW OR FORMERLY (CALLED: 1.838 '14- CITY OF COLLEGE STATION ACRES) o 0 "•:5) a, to in $ 6 . z v7 G� 20' CITY O COLLEGE STATION - - UND ELECTRIC EASEMENT _ S 44 53.1E =. W P O sil FILENAME: 3819EX01 A.dwg ` 1 co STi►no Tx naro A ` '' r ........ l ts. Ph l = DIAL mdoem / OF I : 41, O `a . , V 0 ENGINEERS, SURVEYORS PLANNERS • J` V rlpyl •�:1749..T1 ')7 Q ' r U CONSULTANTS, MANAGERS �� Q „� '' ° + EXHIBIT DRAWING 5 �SU'� OF 0.103 ACRE TRACT A . ' LE WIDTH ACCESS EASEMENT) V 0 ( A VARIAB WEST WOLF PEN CREEK VOLUME 3378 PAGE 03 MORGAN RECTOR LEAGUE, ABSTACT NO. 46 COLLEGE STATION. BRAZOS COUNTY, TEXAS X E EXHIBIT Prepared for the exclusive use of: 24191!: .: 1"'. 50 Shut: 1 Of 1 N.C.A. ARCHITECTS MO. MARCH 31, 2003 A Dr 8y: DH M.D.G. No. 000009 -3819