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HomeMy WebLinkAboutUtility Easement • Doc OR Vol 64 52 9 • 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: Piriag 2004 GRANTOR: KENDALL GILLUM and BRENDAN GILYAN GRANTOR'S MAILING ADDRESS: 6329 Gun Club Road (including county) Zed( County Temple, Texas 76501 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: Lots Five (5), Six (6), Seven (7) and Eight (8), Block Eighteen (18), Southwood Valley Section 4 -B, City of College Station, according to plat thereof recorded in Volume 367, Page 239, of the Deed Records of Brazos County, Texas. Tract Two: Lots Nine (9) and Ten (10), Block Eighteen (18), Southwood Valley Section 4 -B, City of College Station, according to plat thereof recorded in Volume 367, Page 239, of the Deed 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 /gillum & gil yan/ temporaryb lanketutilityeasement.doc 11/03/2004 00976969 OR Vol 64 53 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. KENb ILLUM • BRENDAN GILY APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SUBMISSION FOR APPROVAL. Z City Attorney 2 bg/legal...group(o) /easements /gillum & gil yan/ temporaryb lanketutilityeasement.doc 11/03/2004 00876969 OR Vol 64 54 THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF § / This instrument was acknowledged before me on the / ?P day of 0&yy1/ .t.,) 2004, by KENDALL GILLUM. ,,� SUZANNE KRUPA . _ . . ,1 .� �) rj Notary Public, state of Texas Notary Pu.�c in and for the Sta . of T. • . 1,. ' SEPTEMBER P M R 4 Expires 006 THE STATE OF TEXAS i § • / / § ACKNOWLEDGMENT COUNTY 0'fi _L § • J � This instrument was acknowledged before me on the l ( day of NOUN 2004, by BRENDAN GILYAN. — _ al ON. I t Notary L u bl K aUPA Notary Pub `fa n and for the : e of Texas su .. * comma s us s EPTE MBE g nq s 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, Texa 1 i A rd in: On: Dec 10,2004 at 82:10P As a Recordings Domed *abet NV6969 Amount 13.00 Receipt Nu.ber - 256571 Cynthia Ron NE F RN ONt' F N - I hereby certify that this intrust uas filed es the date ad time staged hens by se g o w n = needed is the se ad page nerds ef: IMZ05 AIRY as sloped berm by me. Dec le, 2804 NNW AM � MN, CLEM 3 bg /legal...group(o) /easements /gillum & gil yan/ temporaryb lanketutilityeasement.doc 11/03/2004