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Home My WebLink AboutEASEMENT Doc OR 6323 274 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 TEMPORARY BLANKET UTILITY EASEMENT DATE: 4 , 2004 GRANTOR: CLAYTON RHOADES and wife, JANA RHOADES GRANTOR'S MAILING ADDRESS: 800 Earl Rudder Freeway 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 lot, tract or parcel of land lying and being situated in Brazos County, Texas and being Lot Two -RE (2RE), Block One (1), GATEWAY SUBDIVISION, an addition to the City of College Station, Texas, according to replat recorded in Volume 5390, Page 294, Official Records of Brazos County, Texas. TOGETHER WITH a perpetual, non - exclusive thirty (30') foot easement and right -of -way for the purpose of providing pedestrian, car and light truck ingress and egress over and across the southernmost thirty (30') feet of Lots 2RA and 2RC from the southeastern corner of Lot 2RC and extending and connecting to the easement designated on the replat as a 30' private access and public utility easement established in Volume 3663, Page 313, Official Records of Brazos County, Texas. 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. Page 1 Bg/legal... group (o) /easements /rhoades /temporary blanket utility easement.doc 06/23/2004 • • 00871109 O Vol 9 OR 6323 275 RESERVATIONS AND RESTRICTIONS: 1. This conveyance is only for 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. 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 the rights and interests herein described unto the GRANTEE, and its successors and assigns, forever, and GRANTOR does hereby bind themselves, their heirs, executors, administrators, successors and assigns, to warrant and forever defend, all and singular, these rights and interests unto the GRANTEE, and its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. , .- ION ON RHOADES pk orts&L, J RHOADES Page 2 Bg/legal...group(o) /easements /rhoades /temporary blanket utility easement.doc 06/23/2004 Doc OR 6323 276 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. TEXAS BANK By: Print - d Name: �� ir�PIZ �W /Ii . Title: S APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SUBMISSION FOR APPROVAL. R atomilv a emted City Attorney THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on this /14+ day of 111,y ls + , 2004, by CLAYTON RHOADES. c ►"i' JOAN MARIE SIMS ! Notary Public , State of Texas Off, Pu • rk n and for the to of Texas ' co 0. Comm. Expires 0406 -20 THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on this 11 tI day of it f , 2004, by JANA RHOADES. ^• J ` \ AN MARIE SIMS • Notary P ublic State of Texas / /i// / d/A ''oTIO Comm. Expires 04- 06-2007 f' Notary Pu e * and for the St.� - • f Texas Page 3 Bg/legal...group(o) /easements /rhoades /temporary blanket utility easement.doc 06/23/2004 00871109 OR 6323 277 THE STATE OF TEXAS § ACKNOWLRANI' HI 63ga 277 COUNTY OF BRAZOS § This instrument was acknowledged before me on this Z✓o day of s, preew,ER , 2004, by � n�R >l�✓ A , s v. P • of TEXAS BANK, on behalf of said TEXAS BANK. JANETTE P. KEESE Not Public in and for the State of Texas * * NOTARY PUBLIC "14- STATE OF TEXAS 44 ' of My Comm. Exp. 12-07-2004 - 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 Filed for Record in: BRAZOS COUNTY College Station, Texas 77842 -9960 College Station, Texas 77842 -9960 File: Rhoades, Clayton & Jana On: Oct 81,2884 at 89:85A Chicken Express As a Recordings Docuunt Nu /bens 01871199 Amount 15.88 Receipt Number — 252321 Susie Cohen' BTAIE ff TEE WAY OF 118103 I hereby certify that this intrust has filed w the Mate end toe stamped hereo, by me amd has duly rccerded is the mete amd page of the mend records of: NABS OINTY as stied hum by R. Oct 01,2004 1012 lEVa GEN' MAY ask COOITY Page 4 Bg/legal...group(o) /easements /rhoades /temporary blanket utility easement.doc 06/23/2004