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Home My WebLink AboutResolution Disc N. Vol F'9 0 (1 : •, 7 717 p I 11 14 3 RESOLUTION NO. BTU -P- 170 A RESOLUTION AUTHORIZING THE CHAIRPERSON OF THE BOARD OF DIRECTORS OF BRYAN TEXAS UTILITIES TO EXECUTE AND CAUSE TO BE FILED IN THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, ONE (1) PARTIAL RELEASE OF EASEMENT, SO AS TO PARTIALLY RELEASE ONE (1) RIGHT -OF -WAY EASEMENTS ON ALL OF THOSE CERTAIN TRACTS OR PARCELS OF LAND LYING AND BEING SITUATED IN THE RICHARD CARTER LEAGUE, COLLEGE HEIGHTS ADDITION, LOT 8A, BLOCK A, AS FURTHER DESCRIBED BY VOLUME 124, PAGE 259 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND CONVEYED AS RECORDED IN VOLUME 9213, PAGE 199 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of Bryan, Texas, is a home rule city with the specific and general powers of such under the Constitution and Laws of the State of Texas; and WHEREAS, the City of Bryan owns and operates an electrical system, known as Bryan Texas Utilities, and is the owner of the utility easements more specifically described in Volume 98, Page 6 of the Deed Records of Brazos County, Texas; and WHEREAS, the City of Bryan, under § 2 -157 of the Bryan City Code, has delegated to the Bryan Texas Utilities Board the authority to acquire and dispose of properly interests; and WHEREAS, the Bryan Texas Utilities Board deems it in the best Interest of the citizens to release said easement; and NOW, THEREFORE, BE IT RESOLVED BY THE BRYAN TEXAS UTILITIES BOARD THAT: 1. The Chairperson of the BTU Board is hereby authorized to execute on behalf of the City of Bryan one (1) Partial Release of Easement so as to partially release one (1) right -of -way easements, said easements more fully described in Volume 98, Page 6 of the Deed Records of Brazos County, Texas. 2. A true and accurate copy of the Partial Release of Easement is attached hereto as "Attachment 1" and incorporated herein by reference as though fully reproduced hereon. 3. This Resolution shall be effective immediately upon adoption. APPROVED A ADOPTED by the Bryan Texas Utilities Board of the City of Bryan, Texas, this /0 day of , 2012. BRYAN TEXAS UTILITIES • Carl L. :enner - - Chairperson, BTU Board Attachment 1 PARTIAL RELEASE OF EASEMENTS THE STATE OF TEXAS § COUNTY OF BRAZOS § KNOW ALL BY THESE PRESENTS: The CITY OF BRYAN, acting through its duly authorized representative, the BRYAN TEXAS UTILITIES BOARD, hereinafter called "City," is the present legal and equitable owner of utility easements, collectively referred to as "Easements" and more particularly described as follows: 1. Right -of -Way Easement executed by Kyle Pearson and Garnet Pearson, his wife to the City of Bryan, Texas, dated April 22, 1937, and recorded in Volume 98, Page 6 of the Deed Records of Brazos County, Texas. City, for value received, the receipt and sufficiency of which is hereby acknowledged, hereby releases, relinquishes, and abandons the Easements to the extent they lie over, under, upon, or across the properties described by metes and bounds in the attached Exhibit "A" which is incorporated as if fully set forth herein. But, it is expressly understood and agreed that the same in no way releases, affects, or abandons any other portion of the Easement or any other utility easement or other property interests of the City of Bryan, or the City of Bryan acting under the assumed name of Bryan Texas Utilities, dedicated by plat or by separate instrument. EXECUTED this p/ day of AL, , 2012. CITY OF BRYAN APPROVED AS TO FORM: Carl L. Benner Jarfis K. I lampton Chairperson, BTU Board City Attorney THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on this the iv day of A_ / 2012, by Carl L. Benner, Chairperson of the Board of Bryan Texas Utilities, on eha of the City of Bryan, Texas, a Municipal Corporation. $$$$$$$ $ ,, Ar, , �° C�� ,�pp Y P S �2f- n �'�, Notary ■' ublic, tate of Texas � x i • _ • 3 i `''• 22 .`''' 1 Exhibit "A" Do Dk Vol f'9 .. i-j11.: ?77? OR 1 14'; METES AND BOUNDS DESCRIPTION 0.3052 ACRES RICHARD CARTER SURVEY, A -8 CITY OF COLLEOE STATION Bl AZOS COUNTY, TEXAS Being a tract °n and containing 0,3052 acres, and being in the Richard Carter Survey, ' A in the City of College Station, in Brazos County, Texas. Being the starve tmt of land as recorded in 'Vol. 9211, Page 199, of the BM WS County Official Records(l3.C.O.R.). All bearings of this survey are referenced to the Texas State Plane Coordinate System, Central Zone, NAD83(C0RS96), and boundary referenced to found monuments as recorded in said pr wious deed, This description is also referred to the plat reviewed by ATM Surveying, Project No, 2012-0067, and being more particularly described as follows: ItEGINN NO at a 1/2" iron x1 found for the south conwr Otitis treat, also being g the west comer nf'the Harry C . ' harton Tryst, in College Heights addition, Block 8, Lot. 8, also being a paint on the northeast rigltt•of -way tine of ,Tare Street(50 R.O.W.); THENCE North 47 1'22 " Desk, a distance a feet along the corruaron line between this tract and said right-of-way litre of.law Sisk to n 02" iron rod found for the west corner of this tract, also being the south comer nf' the American Portable Telecom-Houston Tract, in the Cooner Addition, Block 2, Lot g & 9, as recorded in Vol. 2836, Page 256 of the A.C.0,R.; TFIENCE North 42 Fast, a disiance of 115,05 feet to a point for corner at the southeast corner of a concrete driveway, also being tlto cast comer of said American Portable Telecom - ioustort tract, also being the south corner of the Nl ?BD Development, [,:LC Tract, in the Cooner Addi #ban Block 2, Lot 10, as recorded in Vol. 9211, Pogo 90, of tho THENCE North 42 °14 East, ra distance of 105,90 feet along the common line bet'rn,c,ri this tract and said NNW Dew. "frr►ct to a point for than north corner of this tract from which the east corner of rt conerele driveway bears N 29 °59'03" E, 0,12', also being the east corner of said NFBD Div, Tract, also being a point on the southwest line of the Lucrekiaa M. Fernandez Tract, in the Cooner Addition, Block 2, Lot 11, as lira �recorded . Vo1..6599, Page 246 of the I3,Cl.CJ,n.; -- i THENCE Soaath 47 ° 42'32' East, at distance of 59.95 feet along the common line between this tract and said .Tot 1 1, to a 112" iron rod under fence for the east corner of this trust, also being the south comer of said Lot 11, also being a point on the northwest line of the Ronald P. Lewan vS ' ,� ,� doti kr Tract, in the College Heights Addition, .A , Lot. 6(halfo0 and Lot 7, as recorded in Vol: 9301, Page 42, of the Exhibit "A" '..'i. J NC[ +s South 42 °03'09" West, a distance of 67,78 fcct along thc common line between this tract and said t.ecYi n4lowski tract to a 5/8 iron • rod found with a yellow plastic cap 'narked "K.ERR RP1.8' 4502" found for corner, also 1)eittg the wtst corner of said Lcawanclowski tract, also being. the tiortlt. corner of saki Wharton. tract; 'I'If .NcE .South 42'11'51" West, a clis.tfince of 1 53.19 feet along the colnmcni line between this tract and said Wharton tract to the PLACE OF BEGINNING containing 0.3052 acres. J } p. ; A '0,,:i, Or r,o,..4 k ( ,--, / ? r N ii to . • 1 e t,„! .. * * 0\ 0 I gil 1. Adam Wallace ' X6,Am c. mt, 1 .. r r R. r y 1 0 p 0 I t.a LAGE, TON11s RegNercd Professional J,auid Surveyor No, 6132 6i32_ i 012- Jane- _lane - , 101- lcgal.cioc '' 74 ? 5 ^ k f ,t 23rd 2012 8URN . . '1' { I Dar: PI: Vol. r:1 Exhibit " 011:',: OR 1.0'111) I. 41 / . . .. - ■ r _ % #�t CoCS CPS MON. ,1 2 BEARS: \� 1 / N 56'01'39 ":E -- 1,839.75' \ / i f ri \ , S i COONER ADDITION , \ LOT 11, BLOCK 2 I / 0 30 / 60 ,v ---\ NO OR FORMERLY -1 ° l LUCRECIA M. FERNANDEZ 1 I $ C.11.E: 1" .=--.. 3G• 1 VOLUME 6594, PACE 246 c .., � \ I S 47'42'32" E II , <0 1 59.95 1 PROPERTY CORNER \ . 1 1} G � � l V �'� \ BEARS: N 29 E 1 I y 9 P � Q ry CONCRETEICORNEER 1" (J 0� (, L O� OG „� \p \ I '� (3) , \.O � 0. Q . 9.y0 / 1 � to co go, � P\ , N I, 7:c: ��G q ff N �O J TO ` G 9 � F 4 1 1 1 J 3 ' f Nt d Q�� Ch., G ,1 �.. LOT SA � _ _.. .2! v '. I` M , \ d 1 (0.305/ ACRES) ? — (RERR RPLS i X , , ---' .... ? ., 14,14 4502) 1 _ F.P. ` ) _ - 1 i . ' 1 / PROPERTY CORNER A7 4 \ IS LOCATED AT THE 1 \ CORNER OF 1 � • fr) `: ` CONCRETE \ I U7 � � / `S ` � o� I I 1 O � �0 ,0 ,4S e y Gam - <„ � ' - I \ r 3 �' °,) 1 0 ' y \ � p t � 4 �P 1. 1 N ''. • .d ," r— f . ` N i I1 1 .I h �? P.P. I ( a I vim - -6 "� 6••M SS 6 A•---- - -6'i/ 1N' 4 - 4 6 V \ , 6 - N •_ / / P P ROX LOCflO & JANE S5 ( 79 , CST - _ - STREET "ry F PUBIIC SANITARY 1 -_ SEVIER / 1 APPROX. LOCATION 1- / ( / ,_ rota C.,, J1F FXJS ,, X_ ( _ ., PUBLIC WA TER I CINE 1 " \ \ J - ` ' 0.3052 ACRE TRACT DATE S HEET NO. FIE! O465 1 �V . �/ DATE: 8/8/12 r�Q "'" �Y�� E!BTU 1 OF 1 :�' SCALE: 1 " -30' 'N77FAS1T.7. P7S3 <771.3-• 2OS7OYFIC Ft 401 JANE STREET SHEET TITLE N VOX HUX 92U COLLEGE STATION.. TX 7744] COLLEGE STATION, BRAZOS COUNTY, TX DRAWN BY: RA11 X -1 F.MA IL tioigTn,t"Ii,t,cprn r OfttYAX: (.959)70 -0701 RME No. 25:3 - 0465 C _ CI BY: RAM Page 7 of 7 Do, B): Vol . 1 51 iii 18 777 OR 10910 1 ACTION FORM SUBMITTED BY: Derek Merta DATE SUBMITTED: August 20, 2012 DEPARTMENT: Engineering and System Planning SUMMARY STATEMENT: Mr. Glenn Hudson is requesting the release of one (1) City of Bryan blanket easement on all of those certain tracts or parcels of land lying and being situated in the Richard Carter League, College Heights Addition, Lot SA, Block A, as further described by Volume 124 eg 9 � y Page 259 of the Deed Records of Brazos County, Texas, and conveyed as recorded in Volume 9213, Page 199 of the Deed Records of Brazos County, Texas. This property is served by College Station Utilities and BTU no longer has the need for this easement. STAFF'S RECOMMENDATION: Authorize the partial release of blanket easements that burden the above described property and the filing of said release at the Brazos County Courthouse. ATTACHMENTS: Attachment 1, Exhibit A, B Approvals: Signatur Date: Derek Merta %�k — z 3/ Shawndra Green _(kJ� 4 ` '''