HomeMy WebLinkAboutTemporary Blanket Utlity Easement 4-0#
xee �4
CITY OF COLLEGE STATION
MEMORANDUM
TO: Bridgette George, Assistant Development Review Manager
Development Services
FROM: Brenda Godfrey, Legal Assistant, Legal Department
SUBJECT: Temporary Blanket Utility Easement — BWW
DEVELOPMENT GROUP, L.P.
Lot 3C -R, Block "V ", Replat of Lots 3C and 3D of Block
"V ", University Park Phase II, City of College Station,
according to plat thereof recorded in Volume 5925, Page
127, of the Official Records of Brazos County, Texas.
DATE: March 15, 2005
Enclosed for your file is a copy of the Temporary Blanket Utility Easement dated
October 8, 2004, from BWW DEVELOPMENT GROUP, L.P. to City of College
Station, Texas, recorded in Volume 6399, Page 203, of the Official Records of
Brazos County, Texas.
Thanks,
1
Brenda
Legal Department
P.O. BOX 9960 • 1101 TEXAS AVENUE
COLLEGE STATION • TEXAS • 77842
TEL 979.764.3507 • FAX. 979.764 -3481
www.cstx.gov
Doc O Vol 9
OR 63 203
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: 04 be,2 , 2004
GRANTOR: BWW DEVELOPMENT GROUP, L.P., a Texas Limited Partnership
GRANTOR'S MAILING ADDRESS: 500 W. Illinois, Suite 240
(including county) Midland County
Midland, Texas 79701
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 that certain parcel of land being Lot 3C -R, Block "V ", Replat of Lots 3C and
3D of Block "V ", University Park Phase II, City of College Station, according to
plat thereof recorded in Volume 5925, Page 127, of the Official Records of Brazos
County, Texas.
Being the same property described in Correction Special Warranty Deed with
Vendor's Lien dated March 22, 2004, from James H. Woods to BWW
Development Group, L.P., recorded in Volume 6106, Page 30, 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.
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.
1
bg/legal...group(o) /easements/bww devel opment /temporaryblanketutiliryeasem ent.doc
09/20/1004
Doc OR Vol 9
63 204
RESERVATIONS AND RESTRICTIONS:
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.
BWW DEVELOPMENT GROUP, L.P.
A Texas Limited Partnership
By: LEECO PROPERTIES, INC.,
General Partner of
BWW 1, d ELOPMENT GROUP, L.P.
By: if
TARRY G. LEE, President of Leeco
Properties, Inc., General Partner of
BWW Development Group, L.P.
2
bg /legal...group(o) /easements/bww devel opment/ temporaryb lanketutilityeasement.doc
09/20/1004
Doc Bk Vol Pg
00875605 OR 6399 205
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.
STATE NATIONAL BANK
By: /
Printed Name: MARA $AR i4Arn
Title: ' R. vice PREs/ D t AJT
APPROVED AS TO FORM
THIS DOCUMENT MAY NOT
BE CHANGED WITHOUT
RE- SUBMISSION FOR APPROVAL.
City Attorney
THE STATE OF TEXAS §
ACKNOWLEDGMENT
COUNTY Of d li §
r
This instrument was acknowledged before me on the 0 day of 00_14110 ,
2004, by LARRY G. LEE, President of LEECO PROPERTIES, INC., General Partner of BWW
DEVELOPMENT GROUP, L.P., a Texas Limited Partnership, on behalf of said limited
Partnership.
s TAMMY R. BROWN I ,/ / /IL. -. AL, ∎
'" MY COMMISSION
25, EXPIRE I + ot. r ' ublic in and • e State of Texas
� .. ; x ' Novembe 200E
AFB.
THE STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF Ea or §
This instrument was acknowledged before me on the 12 +11 day of Od -Ober
2004, by Mani, Bart h , m , SVP of STATE NATIONAL BANK, on
behalf of said STATE NATIONAL BANK.
•
y� 1?I ;*
Not. 'ublic in and the State of Texas
PREPARED IN THE OFFICE OF: RETURN ORIGINAL DOCUMENT -TO:
City of College Station City of co11ete
Legal Department Legal Dent o F
P.O. Box 9960 11 P.O. Bac 91terf n g o +,
College Station, Texas 77842 -9960 ColFg i as 7784 -960 � 'a
�. o
Fig oft
c.
gl E.
nl
°
4 �
'
bg/legal...group(o)/easements/bww development/temporaryblank tilityeasement.doc
09/20/2004 i