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HomeMy WebLinkAboutEasement00872603 OR 63491 1019 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 ACCESS EASEMENT Made this S+k day of Vc6 b L, 2004, between EDWARD FROEHLING (hereinafter called "GRANTOR") and the CITY OF COLLEGE STATION, a Texas Home Rule Municipal Corporation of Brazos County, Texas (hereinafter called "GRANTEE"), WITNESSETH: WHEREAS, GRANTOR is the owner of certain real property, which GRANTOR intends to develop as a planned residential neighborhood known as SHENANDOAH SUBDIVISION, PHASE 12 and SHENANDOAH SUBDIVISION, PHASE 13. WHEREAS, GRANTOR is willing to grant to GRANTEE a temporary access easement for a roadway to be used during the construction period over, across and upon the following tracts of land, to-wit: All that certain tract or parcel of land containing 0.0204 acres of land, more or less, lying and being situated in the ROBERT STEVENSON LEAGUE, A-54, in College Station, Brazos County, Texas, said land also being a portion of the 87.888 acre tract of land conveyed to Edward Froehling by James D. Ingram III, et al recorded in Volume 2986, Page 201 of the Official Records of Brazos County, Texas, said 0.0204 acre of land being more particularly decribed by metes and bounds on Exhibit "A" attached hereto and made a part hereof of all intents and purposes. NOW, THEREFORE, in consideration of TEN AND N01100 DOLLARS ($10.00), and the premises, covenants and undertakings of the parties hereunder, and the mutual benefits and advantages accruing to the parties hereunder, the receipt and sufficiency of all of which are hereby acknowledged, the parties covenant and agree as follows: 1. GRANTOR does hereby grant, bargain, sell and convey unto GRANTEE, its successors and assigns, a temporary public access easement in and to the above-described parcel of land. This conveyance is only for the right, privilege and easement for the aforesaid purposes. GRANTOR and its lessees, 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 use 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. 3. The easement is intended to be temporary, but the rights granted hereunder shall not terminate until GRANTOR, or its successors, have dedicated the streets and/or roadways of its subsequent phase(s) by final plat in accordance with the City of College Station Code of Ordinances, as approved by GRANTEE, and constructs such streets or roadways in accordance with said plat/plats that satisfy the emergency fire turnaround requirements required by Chapter 9, Section 8-G.5 and Chapter 6, Section B.(4)602.6.7(a), of the City of College Station Code of Ordinances. bg,legal...group(o)/easementshioehling/shanandoah phases 10, & 144emporary access easement doc 09/15x1004 Doe OR 63491 1@29 4. GRANTOR covenants and agrees that: (a) No structure will be built on the affected lot (Lot 5, Block 36, Phase 12) until Martinsville Lane is extended with Phase 14 of SHENANDOAH SUBDIVISION. (b) The short segment of sidewalk that extends through the temporary turn- around will be omitted from SHENANDOAH SUBDIVISION PHASE 12 construction and built with SHENANDOAH SUBDIVISION PHASE 14. (c) GRANTOR will be responsible for the removal and disposal of the base and asphalt materials placed on the lot upon which the access easement is located once the easement terminates. 5. GRANTOR warrants that the right of GRANTEE shall be superior to those of all persons claiming under or through GRANTOR but not otherwise. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officers and their corporate seals to be duly affixed, as of the day and year aforesaid. APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL "We." - City Attorney THE STATE OF TEXAS § COUNTY OF BRAZOS § EDW OE ING ACKNOWLEDGEMENT This instrument was acknowledged before me on the 0- day of 2004, by EDWARD FROEHLING. p; "j- A 1 PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842-9960 tary Public in and f the State of Texas AFTER RECORDING, RETURN TO: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842-9960 101 bg4egal...group(o)/easement&ftehling/shanandoah phases 10, & 144emporary access easement.doc 09/15x2004 DO 0872603 OR 63491 1039 FIELD NOTES 0.0204 Acre Temporary Public Access Easement SHENANDOAH, PHASE 12 College Station, Texas Being all that certain tract or parcel of land lying and being situated in the ROBERT STEVENSON LEAGUE, A-54 in College Station, Brazos County, Texas, said land also being a portion of the 87.888 acre traot of land conveyed to Edward Froehling by James D. Ingram III, et al recorded in Volume 2986, Page 201 ofthe Official Records ofBrazos County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows: BEGINNING: at the south comer of this tract, said beginning point being in the northeast right-of- way line of proposed Martinsville Lane (based on a 50' width) of SHENANDOAH, PHASE 12, the southeast line of Lot 5, Block 40 of said phase, from whence the south corner of the said 87.888 acre tract bears S 31 ° 14' 57" E at a distance of 1516.01 feet for reference; THENCE: along the common line of proposed Martinsville Lane and said Lot 5 for the following three (3) calls: 1) N 44° 33' 24" W for a distance of 13.26 feet to the Point of Curvature of a curve to the right, 2) 39.27 feet along the arc of said curve having a central angle of 90° 00'00", a radius of 25.00 feet, a tangent of 25.00 feet and a long chord bearing N 00° 2613611 E at a distance of 35.36 feet to the Point of Tangency and 3) N 45° 26'36" E for a distance of 13.26 feet for corner; THENCE: 57.16 feet along the are of a curve in a clockwise direction through the interior of said Lot 5, said curve having a central angle of 65° 30' 19", a radius of 50.00 feet, a tangent of 32.16 feet and a long chord bearing S 00° 263 6" W at a distance of 54.10 feet to the POINT OF BEGINNING and containing 0.0204 acres of land, more or less. I, Michael R McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas do certify that this survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category 1B, Condi ion II Survey. &"(1 6//0/04f- Michael R. McClure, RP.,S-#2859 LN of r ...........................f f ~IIIrU6G1 R It11cf 4. i • 11 ; ..EXHIBIT ~ 90 285' Filed for Record in: On: Oct 28,204 at 88:2% As a a~ Recardinoe Lot 10 DKVMt #40kra W7m - Lot 19 CIO .X0 M m N r- ci co 06 AG Amount 15 88 Receipt Number - 253497 Sylvia Polansky Lot 11 lo, i f Lot 18 Martinsville Lane lt1AlE >dl6 CAW OF WM 1 i t certi that this itlsh'1W as filed N the I -tin stow hula h k I and was ddb riciedtd it the "lot and W Lot 22 - - - - _ - - ' ' - if the t8ld 1~ 1 20 t G MNTY dit a 0204 Acre as striped lim h it. Oct d : 2004 Temporary Public Access Easement `Point of Beginning ~V ~ KNO r ~ ~ OR - - - ' Lot 5 056 Lot 4 c ~ , , Qr 10' P.U.E. y 1 f~wl ~ I 1 I I r ~ ORIGIN OF BEARING SYSTEM; The found Iron rod monuments along the southeast right-of-way line of Southern Plantation Dfiro as recorded in Volume 4871, Page 158 (Record Bearing N4528'36'E) of the Official Records of Brasoe County. Texas, were used an the bads of the bowing* shorn on this plot, P.U.E. - Public Utility Easement LINE jdBL~ LEGEND 0 - 3/4' Iron Pipe Set LINE BEARING DISTANCE L1 N 4433'24' W 13.26' L2 N 4526'38' E 13.26' CURVE DELTA IGY RADIUS J.LLfe~{pifl LENGTH ,TANGENT CHORD. BRG. CHORD C1 90'00'00' 25.00' 39.27' 25.00' N 00'28'38' E 35.36' C2 8530'19' 50.00' 57.18' 3216' S 00'28'38' W 54.10' Lot 17 Scale: 1' = 40' Oct m Lot 3 W Block 40 - - - - 0317-ea03,dwg iL1cCLURE& BRQI~YNEENG/NEER/NG/SURREY/NG, /NC • 1008 Wbodcn9ekOr/ve, SMMO 103 • Co/%qe Station, Taxas 77,61045 Doc Bk Vol Rg 00872602 OR 6349 91 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: Jl' 2Y~~ e 2 C7. Z GRANTOR: EDWARD FROEHLING GRANTOR'S MAILING ADDRESS: 3887 High Lonesome Road (including county) Brazos County College Station, Texas 77845 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: Tract One: All that certain 0.3586 acre of land, more or less, lying and being situated in the ROBERT STEVENSON LEAGUE, Abstract No. 54, in College Station, Brazos County, Texas and being a portion of the 49.35 acre tract conveyed to Edward Froehling by Charles Elmo Ferguson, Jr., recorded in Volume 4248, Page 144, of the Official Records of Brazos County, Texas (O.R.B.C.), said 0.3586 acre being more particularly described by metes and bounds description on Exhibit "A" attached hereto and made a part hereof for all intents and purposes and depicted on survey plat attached hereto as Exhibit "A". Tract Two: All that certain 0.1320 acre of land, more or less, lying and being situated in the ROBERT STEVENSON LEAGUE, Abstract No. 54, in College Station, Brazos County, Texas and being a portion of the 49.35 acre tract conveyed to Edward Froehling by Charles Elmo Ferguson, Jr., recorded in Volume 4248, Page 144, of the Official Records of Brazos County, Texas (O.R.B.C.) and a portion of the 87.888 acre tract of land conveyed to Edward Froehling by James D. Ingram III, et al, recorded in Volume 2986, Page 201, (O.R.B.C.), said 0.1320 acre being more particularly described by metes and bounds description on Exhibit "B" attached hereto and made a part hereof for all intents and purposes and depicted on survey plat attached hereto as Exhibit "B". Bggegal...group(o)/easements/froehling/shenandoah phases 10,11,11,13&141easement.doc 07/18/1004 008 72602 OR 63491 929 Tract Three: All that certain 0.0872 acre of land, more or less, lying and being situated in the ROBERT STEVENSON LEAGUE, Abstract No. 54, in College Station, Brazos County, Texas and being a portion of the 49.35 acre tract conveyed to Edward Froehling by Charles Elmo Ferguson, Jr., recorded in Volume 4248, Page 144, of the Official Records of Brazos County, Texas (O.R.B.C.), said 0.0872 acre being more particularly described by metes and bounds description on Exhibit "C" attached hereto and made a part hereof for all intents and purposes and depicted on survey plat attached hereto as Exhibit "C". 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", Exhibit "B" and Exhibit "C" known as the "easement areas," and any additional area outside the easement areas necessary to install and attach equipment, guy wires, and anchors necessary and incident to the uses of the Easement Areas 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; 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 areas 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 subordination 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. EDWARD FR HLING Bg/legal...group(o)/easements/froehling/shenandoah phases 10,11,11,13&14/easement.doc 07/18/1004 008 72602 OR 63491 APPROVED AS TO FORM: THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. City Attorney THE STATE OF TEXAS ACKNOWLEDGMENT 939 COUNTY OF BRAZOS § This instrument was acknowledged before me on the day of 2004, by EDWARD FROEHLING. 900Z - tZ 4*IV segdxg Uois UM0 An sexal ►o am , 83llVM W N331100 on9nd ANVION OTARY PUBLIC in and fo a State of Texas NOTARY PUSUC • COLLEEN M. WALLER State of Texas My Commission Exphes March 21, 2006 PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842-9960 File Info: Froehhng/Shenandoah Phases 10,11,12,13& 14 RETURN ORIGINAL DOCUMENT TO: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842-9960 BgRegal...group(o)/easements/froehling/shenandoah phases 10,11,11,13&141easement.doc 09/2812004 006 72602 OR 63491 949 FIELD NOTES 10' WIDE PUBLIC UTILITY EASEMENT SHENANDOAH, PHASES 10 AND 11 (0.3586 ACRES) Being all that certain tract or parcel of land lying and being situated in the ROBERT STEVENSON LEAGUE, A 54 in College Station, Brazos County, Texas, and being a portion of the 49.35 acre tract conveyed to Edward Froehling by Charles Elmo Ferguson, Jr. recorded in Volume 4248, Page 144 of the Official Records of Brazos County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows: BEGINNING: at a found 8-inch creosote comer post marking the west comer ofthe said 49.35 acre Froehling tract, the north corner of the Gary Seaback 117-1/2 acre tract describe din Volume 2597, Page 186 (O.R.B.C.) and being in the southeast margin of Barron Road (width varies at this location); THENCE: N 45° 37' 05" E along said Barron Road line for a distance of 10.00 feet for corner, THENCE: S 44° 2255" E parallel to and 10.00 feet northeast of the common line of the said 49.35 acre Froehling tract and the 117-1/2 acre Seaback tract for a distance of 1562.01 feet for comer, said comer also being in the proposed northwest line of the Southern Plantation Drive right-of-way of SHENANDOAH, PHASE 13; TIENM S 45° 3705" W along said proposed right-of-way line for a distance of 10.00 feet for corner, said corner also being in the beforementioned common line ofthe 49.35 acre Froehling tract and the 117-1/2 acre Seaback tract; THENCE: N 44° 22'55" W for a distance of 1562.01 feet to the POINT OF BEGINNING and containing 0.3586 acres of land, more or less. I, Michael R. McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas do certify that this survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category 1B, Condition Survey. .C~ 4 i%d Michael R McClure, R.P.L.S. #2 EXHIBIT- 0 0 N r u v U L_1_J_11 pnoo &ngsra;ad -1 -T -T-fi-1-T1- asoyd `yoopu.DUNS anup ua;ojuo/d umpnos -ice 1 1 ya °o m rDpunoe esoyd o L 1_ I W h to - -r~ o 14 h NSQ~ Sq.~ V _ y~0 G I ! i 1 3•n•d (s«/on W..M WOW ,V) 17 poo,y~ua{.ung I I m y I W 3 N oe O~ lj I D_ a N g I I .C C I~ 0 C EXHIBIT 00872602 OR 63491 959 ,co J V ~n etc $8 v W ; Z O m Z N W N z =1 J J 0 0 v O $ ^ O b Eov ooo Eg N$ o ~ azE ~L gp C~~ X EH aLS n o~ t Pm ~LnEa m.~~oz ox Ewa z$3bo O e 5~•O l~ c' 0 \ 0 v 0 i a 0 • rr\ V, W W 2 W ,44 0 V v 8v 1 n o CS 00872602 OR 63491 969 FIELD NOTES 0.1320 Acre Public Utility Easement SHENANDOAH, PHASES 12 & 13 College Station, Texas Being all that certain tract or parcel of land lying and being situated in the ROBERT STEVENSON LEAGUE, A-54 in College Station, Brazos County, Texas, said land also being a portion of the 49.3 5 acre tract conveyed to Edward Froehling by Charles Elmo Ferguson, Jr. recorded in Volume 4248, Page 144 of the Official Records of Brazos County, Texas (O.R.B.C.) and a portion of the 87.888 acre tract of land conveyed to Edward Froehling by James D. Ingram III, et al recorded in Volume 2986, Page 201 (O.R.B.C.) and being more particularly described by metes and bounds as follows: BEGINNING: at the southeast corner of this tract, said beginning point being the east corner of proposed Lot 1, Block 38 of SHENANDOAH, PHASE 13, from whence the south comer of the said 49.35 acre tract bears S 16° 16'03" E at a distance of 1270.57 feet for reference; THENCE: into the interior of the said 49.35 acre tract and the 87.888 acre tract for the following twelve calls: 1) N 44° 33'24" W along the northeast line of said Lot 1 for a distance of 10.00 feet for corner, 2) N 23° 38' 31" E for a distance of 53.85 feet for corner, 3) N 45° 26' 36" E for a distance of 105.00 feet for corner, 4) N 44° 33'24" W for a distance of 52.50 feet for corner, 5) N 45° 26' 36" E for a distance of 20.00 feet for corner, 6) S 44° 33'24" E for a distance of 52.50 feet for corner, 7) N 45° 26' 36" E for a distance of 105.00 feet for corner, 8) N 67° 14'41 " E for a distance of 53.85 feet for corner, 9) S 44° 33'24" E for a distance of 10.00 feet for corner, said corner also marking the south corner of Lot 5, Block 40 of proposed SHENANDOAH, PHASE 12, 10) S 62° 08' 33" W for a distance of 52.20 feet for corner, 11) S 45° 26'36" W for a distance of 230.00 feet for corner and 12) S 28° 44' 38" W for a distance of 52.20 feet to the POINT OF BEGINNING and containing 0.1320 acres of land, more or less. I, Michael R. McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas do certify that this survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category 1B, Condition II Survey. 4. 1, ~-4'4 a , - &110104-1 Michael R. McClure, R.P.L.S. #2859 EXHIBIT 9 008 72602 OR 63491 979 0 n r O U W 8~ S ~ gN ~ 3 SN ~ S ~ g pp ~ 1~f jj ~ nfr n r~~ C C1~oif3NSo~[]~N NIN I ; W W !t W W W W W 3 3 3 cn I • e *0 4'0'* • • r~ ~p H M~fNnM~ Z C~V I ~ :i t, , tn Xt+m~ ~N I C V I d Z ZZZ WZZWWVfw Z I V I LI N n 7 J J ...1 J~ J J~ J O J J ~ \ Y wl r ww -1 I •C O V r_ - m ~y0, I 0 I I N I 1 o V I •n•d OL I - - ,3 n d ,o - sF aerie , I v r p U040n4swo avn;ni 49UD7 -91IMS41YA I 97 Q v f 1 I ~ cz ~F I ~W 9 8 I ~ N I wJ I ~ttG I .C s cw 4% a^ vp xo tnDy `mss ( N S I I ; o Uogan-7suo0 ain;nj ail Up XDJ!IDf/ OO i ~ I t9~s~. I ~ I I 3 ( N ~I I ~ V ~I EXHIBIT _ & eegg I 1 I I eQ 1.141 ~ C d c. v 0 E;Eg MIS IS g ig -Sig z^~~a =e3 e PP 5 9ss a y l~ A~ V . O - m j i 0. 0 • 2 '44 r 0 n 008 72602 OR 63491 989 FIELD NOTES 20' WIDE PUBLIC UTILITY EASEMENT SHENANDOAH, PHASE 14 (0.0872 ACRES) Being all that certain tract or parcel of land lying and being situated in the ROBERT STEVENSON LEAGUE, A-54 in College Station, Brazos County, Texas, and being a portion of the 49.35 acre tract conveyed to Edward Froehling by Charles Elmo Ferguson, Jr. recorded in Volume 4248, Page 144 of the Official Records of Brazos County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows: BEGINNING: at the south corner of this tract, said beginning point being in the proposed Harrisonburg Lane right-of-way of SHENANDOAH, PHASE 14, from whence the south corner of the said 49.35 acre tract bears S 27° 51' 26" E at a distance of 990.60 feet for reference, THENCE: within the interior of the said 49.35 acre tract for the following six (6) calls: 1) N 44° 33'24" W for a distance of 170.00 feet for comer, 2) N 45° 26' 36" E for a distance of 20.00 feet for comer, 3) S 44° 33'24" E for a distance of 150.00 feet for corner, 4) N 45° 26' 36" E for a distance of 20.00 feet for corner, 5) S 44° 33' 24" E for a distance of 20.00 feet for comer and 6) S 45° 26' 36" W for a distance of 40.00 feet to the POINT OF BEGINNING and containing 0.0872 acres of land, more or less. I, Michael R McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas do certify that this survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category 1B, Conditioffl Survey. /Y1 a4lf~-A GloO¢ Michael R. McClure, R.P.L. S. #2859 /7 2859 EXHIBIT I 008 72602 OR 63491 999 U'j u y: 8888 N W W W ; ~NIf N O IQ t 2 2 N N ? J J !3 J INK, 21 4vn;ni Z77 W, ^O 1W O . D O -7tA a~ O p % Z - W 115, "6 EXHIBIT _ Zr 400/9 00872602 OR 63491 10% Filed for Record in: BRAZOS MLKry On: Oct 2@92084 at 08:29A As a Recordings Document Numbers W878M Amount 27.00 Receipt Number - 253497 Sylvia Polansky gaff mss CQNt1 ff emus I"certify that this iestmont Es filed a the date ad time dqw hereoa by ee ad as ddp receded is the volare ad page of tw rated records of.. CQtiiM as #A* here,, h K. Oct 20,2004 WALE 10 GEEN MW OR MM MY