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Home My WebLink AboutEasementDoe Bk Vol Rg 00875604 OR 6399 200 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: h/ou2h��e2 2004 GRANTOR: PATRICK G. MAREK and JOE D. MAREK GRANTOR'S MAILING ADDRESS: 2112 Southwood Drive (including county) Brazos County College Station, Texas 77840 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: Lot Three (3), Block One (1), Edelweiss Business Center Lots Three (3) and Eight (8), Block One (1), City of College Station, according to plat thereof recorded in Volume 5708, Page 78 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. 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. bg/legal ... group (o) /easements /marek/edelweiss business center/ temporaryb lanketutilityeasement.doc 10/13/2004 Doe Bk Vol Rg 00875604 OR 6399 201 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. GRANTOR warrants that the right of GRANTEE shall be superior to those of all persons claiming under or through GRANTAR ut of otherwise. TRICK G. t J D. MAREK 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. COMPASS BANK , s✓ By: Printed Name: Title: Sr. pct rns �u APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SUBMISSION FOR APPROVAL. L1 NA WA� = City Attorney b gllegal ... group (o) /easements /marekledelweiss business center/ temporaryb lanketutilityeasement.doc 10/1312004 Doe Bk Vol Pg 00875604 OR 6399 202 This instrument was acknowledged before me on the 1 of 0Uttib 2004, by PATRICK G. MAREK. THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § i s MELANIE RENEEAGUILERA Notary Public State of Texas Comm. Expires 03 -21 -2007 THE STATE OF TEXAS Notary P 1' in and for the State of Texas ACKNOWLEDGMENT This instrument was acknowledged before me on the 9 day of ILV 2004, by JOE D. MAREK. I s MELANIE RENEE AGUILERA Notary Public state of Texas Notary P in and for the State of Texas Comm. Expires 03 -21 -2007 COUNTY OF BRAZOS COUNTY OF BRAZOS § This instrum nt was acknowled ed bef a m e on the 30 day of 2004, by r"�' 2. ✓•a j�- s-aP H f _ ,of COMPASS BAl`TK, a national V r�� , — banking association, on behalf M of said COMPASS BANK, a national banking association. THE STATE OF TEXAS § § ACKNOWLEDGMENT e KLISH4 DAMS (wry Public, State of Texas My Commission Expires JUNE 20, 2007 PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842 -9960 r n' U� Notary Pu lic in and for a State of Texas RETURN ORIGINAL DOCUMENT TO: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842 -9960 �a�� o �. ` -7 ° 4 - - ...m ro - -� O i 3 bg/Jegal ... group (o) /easements /marek/edelweiss business centerLporaryblanketutilityeasem -o2 1 1011312004 P 0 :3 2 c a w � 0 Q rt rrit»nl nvn.nc FROM : f1RREFk: BRO THERS IhIC. PHONE fro. : '37 -1341 Puq. 2:'7 2=04 3--: =IPN P02 Access Easement and Sign Use THE STATE OF TEXAS § KNOW ALL PERSONS BY THESE PRESENTS COUNTY OF BRAZOS § THIS RFCTPROCAT, ACCFSS AND STGN AORFFMFNT ( "Agr ") is executed this day of December 2003, by and among Patrick G. Marek and Joe D. Marek, hereinafter referred to as ( "Marek ") and Craig; Breedlove, hereinafter referred to as (` °Breedlove ") with said parties agreellig;I& follows: MLITNESSETLP WHEREAS, Marek is the owner of that certain tract or parcel of land known as Lot 8, Block 1, Fdelweiss Business Center as per plat recorded in Volume 5708, Page 78, Official Records of Brazos County, Texas (Lot 8); WI-11"'R EAS, Breedlove is the owner of that certain tract or parcel of land known Its Lot 9, Block 1, Edelweiss Business Center as perplat recorded in Volume 5431, Page 50, Official Records of Brazos County, Tcxas hereinafter refen•ed to as (Lot. 9); WHEREAS, Marek and /or their successors and assigns are in the process of building all access ( "Driveway ") on Lot 8 along the conimori boundary between Lot S and Lot 9; and WI Marek has agreed to allow the Driveway to be located solely on Lot 8 nl considcratlon of B reedlove agreein that M arek and/or any sLibsequent ow ner of L ot 8 shall have the sale and exclusive right to the use and construct a freestanding sign on Lot. 8 at a location oil Lot 8 along the common boundary between Lot 9 and Lot 8 in the vicinity where such coninion boundary of Lot 8 and .l,ot. g intcrsocts the right-of-way line of FM 2154 all as shown on the plat . attached hereto as Exhihit "A "; NOW therefor for and in consideration of the sum of Ton and No /l00 Dollars ($10.00) and other good and valuable consideration and the mutual covenants and Agreements herein contained said parties agree as follows: Marek has Granted, Sold and Conveyed and does hereby G rant, Sell and Convey to Breedlove a non - exclusive access casement ( "Access Easement ") for the purpose of providing pedestrian and vehicular ingress and egress from Lot 9 to F.M. Road 2154, over rind across the portion of L ot 8 that. adjoins Lot 9. The Access Easement shall be located in such an area as the owner Lot. 9 so determines and the Access Easement shall not be in excess of thirty (30) feet in width. 2. The Access Easement shall be non - exclusive and Breedlove acirnowledges and Agrees that the Access Eascnicnt shall be used,jointly by the owner of Lot 8 and his guests and invitees along with the occupant of Lot 9 and his guests and invitees. That Breedlove further acknowledges and agree that the owner of Lot 8 retains the right to limit the height and size of vehicles that may use the Access Easement. It is intended that tlic Access Easements only be used by pedestrians and passenger and small commercial delivery vehicles. 4. That the owner of Lot 8 shall have the right to limit access to the Access Easement from Lot Q to nnr± inr-qtinn wills fttr, lnt�iitinn of fhrt anrnce in tha Ae ev ee Pnv, vt nt { r nt 0 FRON f"IRFEK BROTHERS - , If IC. PHONE NO. : '3796963 Hug. 27 2CIC14 OF-: f,4FT-1 PL34 1?. This agreement shall be binding and jjjL;j-0 to tile, t7oliorl( of t1jetospoctiveparlics, their heirs, legal rcpTcscntaAivf--s, successor and assigns and w the respective owners of Lot 8 and Lot 9, Is, That time is of the e"sonce of ibis Agreement and the performance of the terms herch). 19. That the offcotive date of this Agreement is fully executed by the parties hereto herein referred to as the ("Effective Dau-,"), -41me Lot lot Patrick Mare'k D. Marck Cjwf?�r Lot 9 v raig Oreedlove STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before vne on the'l day oi'D cer 2003 by PaftiCk C3, Mal (3EC POE-- IK T EXAS NOT A Y LTC, STATE OF TE F IF .XP ki�'COMMISSfONEXPH4JUS M Coi - nmission Expires: S TATI-1 OF TEX COUNTY OF BRAZOS This instrument was acknowledged before me on fho=' (lay of Deb 4 mber, 2003 by Joe D. Marek. 0.4 (-,-- ., � 0 o 7 , vr" 1 (Mober M 2005 My 00MMK.810N EXVIF31 STATE OF TEXAS COUNTY OF BRAZOS NOTARY PUTALIC, STATE OF TEXAS My Commission Expires. t(-' �ouuu,uun`uon`vw . ucunuvv/cu�uuoe�or�nn� clay 01 uccell ZvU'l by Craig ^ Bneodkovo NOTARY i OF TEXAS ROBY14 D. WILLIS - V SIM(, of Toxas My Commission Expires: