HomeMy WebLinkAboutTemporary Blanket Utility Easement Doc Bk Vol Pg
00871916 OR 6337 290
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: Sept. Za , 2004
GRANTOR: BCSTX HOSPITALITY, LLC, a Texas Limited Liability Company
GRANTOR'S MAILING ADDRESS: 713 South May
(including county) Madison County
Madisonville, Texas 77864
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:
Tract One:
Lot Five A (5A), Replat of Lot 5 of a Resubdivision Plat of Herman F. Krenek
Subdivision, Phase Two, City of College Station, according to plat thereof recorded in
Volume 6112, Page 149 of the Official Records of Brazos County, Texas.
Tract Two:
Lot Twenty -One R (21R), Block One (1), Replat of Lot 21 and 22, Block One,
Brentwood, Section One, City of College Station, according to Plat thereof recorded in
Volume 6112, Page 149 of the Official Records of Brazos County, Texas.
Being the same property described in General Warranty Deed dated July 30, 2004,
executed by Charles R. Farrar, Sr. and Lucy H. Farrar to BCSTX Hospitality, LLC,
recorded in Volume 6219, Page 71, of the 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.
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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.
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.
BCSTX HOSPITALITY, LLC,
A Texas Limited Liability Company
:
B Y
NITIN PATEL, Manager
APPROVED AS TO FORM
THIS DOCUMENT MAY NOT
BE CHANGED WITHOUT
RE- SUBMISSION FOR APPROVAL.
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/
1 / i
City Attorney
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THE STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF Mao \gi( §
This instrument was acknowledged before me on the day of tc kr( ,
2004, by NITIN PATEL, Manager of BCSTX HOSPITALITY, LLC, a Texas Limited Liability
Company, on behalf of said limited liability company.
MARIA A. VERA a. (Voz...,..
* '' * Notary Public Notary Public in and for the State of Texas
STATE OF TEXAS
a? �` My Comm Exp. 05-12 -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
Filed fo Y cord in:
On: Oct 12,2804 at 08 :32A
As a
Recordings
dicwent Numbers 0#971916
Amount 13. ;;
Receipt Number — 252926
Teresa Ram
NEW 1B 1:1110 g: ltd
I hereby certify that this instrument vas
filed on the date and tine staved hereon by .e
and was dely recorded in the volane and page
of the eased records of:
BRAIDS 0110Y
as striped herein by me.
Oct 12, 2004
IMRE MI BRR OS CUIIIY ' COUNTY CLERK
,
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