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Home My WebLink AboutFiled Public Utility Easement "S. ;--- CAC ollege he Ci of Station Texas Embracing the Past, Exploring the Future. Legal Department P.O. Box 9960 • 1101 Texas Avenue • College Station, TX 77842 • (979)764 -3507 • FAX: (979)764 -3481 • www.cstx.gov MEMORANDUM TO: Bridgette George, Assistant Development Manager, Development Services FROM: Brenda Godfrey, Legal Assistant, Legal Department SUBJECT: Public Utility Easement Delta Zeta National Housing Corporation 0.01 acre, more or less, lying and being situated in the Richard Carter Survey, Abstract No. 8, College Station, Brazos County, Texas, and being part of Lot 4, Block 1, Greek Village, Phase 2, according to the plat recorded in Volume 408, Page 241, of the Deed Records of Brazos County, Texas DATE: October 20, 2004 Enclosed for your file is a copy of the Public Utility Easement dated October 6, 2004, executed by Norma M. Andrisek, President of Delta Zeta National Housing Corporation to the City of College Station, Texas, recorded in Volume 6337, Page 284, of the Official Records of Brazos County, Texas. Thanks, 3 1-€1 ‘ 4) -- Brenda Home of Texas A &M University Home of the George Bush Presidential Library and Museum • Doc Bk Vol Pg 00871915 OR 6337 284 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. PUBLIC UTILITY EASEMENT DATE: nc -toher h , 2004 GRANTOR: DELTA ZETA NATIONAL HOUSING CORPORATION, an Ohio nonprofit corporation GRANTOR'S MAILING ADDRESS: 202 East Church Street (including County) Butler County Oxford, Ohio 45056 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 tract or parcel of land containing approximately 0.01 acre, more or less, lying and being situated in the Richard Carter Survey, Abstract No. 8, College Station, Brazos County, Texas, and being part of Lot 4, Block 1, Greek Village, Phase 2, according to the plat recorded in Volume 408, Page 241, of the Deed Records of Brazos County, Texas, said 0.01 acre being more particularly described by metes and bounds description on Exhibit "A" attached hereto for all intents and purposes, provided, however, that 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; 1 bg/ legal ...group(o) /easements/delta zeta/public utility easement.doc 08/18/04 1 Doc Bk Vol Pg 00871915 OR 6337 285 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 GRANTOR, 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. 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. GRANTOR will provide GRANTEE with the names and addresses of all lenders. 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 GRANTOR does hereby bind himself, his heirs, executors and administrators, 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. 1 EXECUTED this / day of (J 7 o& ✓ , 200? f DELTA ZETA NATIONAL HOUSING CORPORATION, an Ohio nonprofit corporation By. ?? ). g/A/(4. ORMA M. ANDRISEK, President CONSENT AND SUBORDINATION BY LIENHOLDER Lienholder, as the holder of lien(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. PLANTERS & MERCHANTS STATE BANK • By: Print d Name: , . „ . , , IPS , JR. Title: Vice President V APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SUBMISSION FOR APPROVAL City Attorney 2 bg /legal...group(o) /easements /delta zeta/public utility easement.doc 08/18/04 1 Doc Bk 00871915 OR 6337 286 THE STATE OF OHIO § § ACKNOWLEDGMENT COUNTY OF BUTLER § This instrument was acknowledged before me on this /ay of , 2004, by NORMA M. ANDRISEK, President of DELTA ZETA NATIONAL HOUSING CORPORATION, an Ohio nonprofit corporation, on behalf of said corporation. o NANCY E. BREWER . , Notary Public, State of Ohio ��, ii M ' - • y Commission Expires Januay 12, 2004 �I/ _ ..+� . A • - ;- otary Pu. is in and for . to of Texas ; r i ="., :' 11 r THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on the B th day of n n t nh A r , 2004, by William F. Phillip ,s, Jr., V— President PLANTERS & MERCHANTS STATE BANK, on behalf of said PLANTERS & MERCH • S STATE BANK. AI •Kathleen M. leatheiwood Notary Put, Male on / I� '/ O , 1 Vi epf. 22, 2004 ""`"'°" No • Public in and for the 'tats of Texas § ACKNOWLEDGMENT COUNTY 1 - § This instrument was acknow - • : • , efore - • e day of , 2003, by • f TRUST ONE BANK, on behalf of said bank. 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 I 3 bg /legal...group(o) /easements /delta zeta/public utility easement.doc 08/18/04 Doc Bk Vol Pg 00871915 OR 6337 287 • 15' City of College Station Waterline Easement Part of - Lot 4, Block 1 Greek Village, Phase 2 Vol. 408, Pg. 241 Richard Carter Survey, A -8 College Station, Brazos County, Texas Field notes of a 15' wide strip or parcel of land, lying and being situated in the Richard Carter Survey, Abstract No. 8, College Station, Brazos County, Texas, and being part of Lot 4, Block 1, Greek Village, Phase 2 according to the plat recorded in Volume 408, Page 241, of the Deed Records of Brazos County, Texas, and being more particularly described as follows: COMMENCING at the' /2" iron rod found marking the common comer between Lots 1 and 4, Block 1, of the beforementioned Greek Village, Phase 2, said 1 /" iron rod being in the southeast right -of -way line of Dominik Drive (70' right -of -way), same being in a curve, concave to the northwest, having a radius of 535.00 feet; THENCE Southwesterly along the southeast right -of -way line of Dominik Drive, for an arc distance of 79.79 feet to a 60d nail set for the PLACE OF BEGINNING of this description, the chord bears S 29° 37' 15" W - 79.71 feet; THENCE S 44° 59' 59" E for a distance of 39.10 feet to a 60d nail set; THENCE S 45° 37' 09" W for a distance of 15.01 feet to a 60d nail set; THENCE N 44° 58' 59" W for a distance of 36.22 feet to a 60d nail set in the 41 ' southeast right -of -way line of Dominik Drive, same being a curve, concave to the northwest, having a radius of 535.00 feet; THENCE Northeasterly along the southeast right -of -way line of Dominik Drive and along said curve, for an arc distance of 15.25 feet to the PLACE OF BEGINNING, (the chord bears N 34° 42' 35" E -15.25 feet), encompassing an area of 0.01 acre, more or Tess. OFT Surveyed July 2004 S 7E. •4-� !/ � ....«».. BY: S. M. KLING 1+ ▪ ' 9 2003 v714.; S. M. Kling 4%2/ess ;e. R. P. L. S. No. 2003 • Prepared 07/28/04 kes04 -04a:lgreekvillagel5'ezmt0.01 ac.wpd EXHIBITA KLING ENGINEERING AND SURVEYING BRYAN, TEXAS Doc OR 6337 288 N: \Land Projects R2 \041 \Richard Carter A - B \Greek- VIllage- Ph- II \dwg\ Lot- 4_BIk -1 \Prop - Waterline- Esnt.dwg 07/29/2004 7115: SCALE 1" = 20' ✓✓ N£R PO BRS.� ESMT. LINE TABLE < N 79'43'42 N 1.3' i UNE BEARING LENGTH L 1 54459'59 "E 39.10' \ L2 S45:37'09 "W 15.01' \ NOTES. L3 N4458'59 "W 36.22' • \ 1. BEARINGS BASED ON THE RECONSTRUCTED REAR LOT UNE 0 I CORDED IN 408 . PG 241 CORD AR OF RECO O , 8 a — OF BRAZOS OU NTY TEXAS RE BEING: N 4418'30"W �" w 1 \ 2. CURRENT TITLE APPEARS TO BE VESTED IN DELTA ZETA k RECORDED IN VOL CORP G. VIRTUE OF THE RECORDS OF BRAZOS COUNTY TD1CAS. 3. THIS SURVEY WAS CONDUCTED WITHOUT THE BENEFIT OF A dg q COMMITMENT FOR TITLE INSURANCE. NO ADDITIONAL RESEARCH -- < \ WAS CONDUCTED TO DETERMINE APPUCABLE EASEMENTS. - 1 ► 1 1 1 1 _ 15' WATERUNE EMT. o e i0 \ 0.01 AC. z ac N 1 � ' B ac OF URB `L RW "l14 t 3 1 m 1 ; _ X2' BRICK \ / CONC. WALKWAY \ COLUMN L T • ` �_M `WOODEN FENCE r�ajj � ti 1 � ® NN 1 E. 3 o a 0 -- I 0 11 �' C, L OF PROPOSED 1 1 -1/4" WATERLINE j N , U i I 1 / • Om a � II' //4 l co t i 1 4 I ° ; ��, () \ 0 0 9 \ § I O I..: Q. 3 U � k I z ° U `� • 14.1 15 t o m ' i N � 4.k $ y w k Zi �I OG� > v Q y Q k tx • $ ` 0 4 z 2 m o v 0 ,► �' . Et q _ je° ° 1 or CO 1 . 471= 7 447 3/8'' IRON ROD FOUND 8RS N4651'25 "E 2.39' ■ , p .. r5, 1/2" IRON ROD SET AT BASE OF 1'X2' BRICK COL. 3 C I lair Poi F SURVEYED: JULY 29, 2004 FIELDNOTE EXHIBIT FOR , ° P� °•'F. 115' WATERLINE ESMT. S.M. KUNG 1 LOT 4, BLOCK 1 OF 2003 „ GREEK VILLAGE ' - ° to � PHASE II . SUR`�� ' S. M. Kling, R.P.L.S. o. 2003 RICHARD CARTER SURVEY, ABSTRACT No. 8 CURVE TABLE CITY OF COLLEGE STATION C # DELTA RADIUS LENGTH BEARING CHORD BRAZOS COUNTY, TEXAS C1 137'58" 535.00' 15.25' N34 42'35 E 15.25' C2 97353" 535.00' 86.20' N40'08'30 "E 86.10' SCALE: 1 " =20' JULY, 2004 C3 8'32'41* 535.00' 79,79' N29 37'15 "E 79.71' KUNG ENGINEERING & SURVEYING BRYAN, TEXAS EXHIBITA • . • Doc Bk Vol Pg 00871915 OR 6337. 289 Filed for Record in: BRAZOS COUNTY On: Oct 12,2084 at 08:32A As a Recordings Document Number: 85871915 Amount 19.00 Receipt Number — 252926 Teresa Ramirez STALE IF 1EJ515 OIET OF INTS I hereby certify that this instrunent was filed on the date and tin staved hereon by me and was duly recorded io the velure and page of the vaned records of: KIDS C JAY as stanped hereon by le. Oct 12,2004 B61109 awry