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Home My WebLink AboutEasementsDoc Bk Vol a p Vol 9 00845214 OR 59 272 This document is being re- recorded UTILITY EASEMENT to attach Exhibit "A" which is the property description. Exhibit "A" was inadvertently omitted from the previous filing. DATE: GRANTOR: EDELWEISS GARTEN VENTURE, a Texas Joint Venture GRANTOR'S MAILING ADDRESS: 1101 University Drive East, Suite 108 (including county) Brazos County College Station, Texas 77840 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: All that certain tract or parcel of land containing 0.0949 acres (4,132.6 square feet) of land, more or less, lying and being situated in the Robert Stevenson League, Abstract No. 54, in College Station, Brazos County, Texas, being a part of the 65.369 acre tract described in the deed from W. Barton Munro, Trustee and John Lampo, Trustee to Edelweiss Garten Venture recorded in Volume 5327, Page 118, of the Official Records of Brazos County, Texas, and said 0.0949 acre tract being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all intents and purposes. 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 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: Sanitary sewer lines, connecting lines, access facilities, communications lines and related equipment; upon, over, under and across the said Property as described and any ways, streets, roads, or alleys abutting same; and the right 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 and aslnay be necessary to prevent possible interference with the operations of said facilities and/or equipment or to remove possible hazards thereto. It being understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of GRANTEE. Bgflegal ... group (o) /easements /edelweiss /0.0949 acre sanitary sewer /easement.doc 1210212003 m a, 0 a Y U 0 A 0 ELM CCU 0 0 scot U in 4) d Oo Y~ O ~ ~ b b r.0 U O ~ N r n Vl oe q 4) 421 O ;W.i ° U 9b W 4iW w 0 W,,-0 0 o ~ o ~y o3W 0,0 w b 0 i tiw b ~ N oU a ' N Q W o LTJ ' ,0 W~~] off ? ~ Ucd0 Ri N W H C7 ~ O Acts q 0 ti 75 0 i N ti O N N + 00 0 b~+ U U ~d y 4r o ~b C4 a~ ai U 4i oo~~ 0 U U ~ o `n rn o 4-4 b0 c <d cd ~ b ~ 3 DO V) W~ C's H ~ H wcd H ~ , z a w~x0 0~~0 d A ~ ~ d U H f~ 0v N b y v n a y i C a 0 a 0 0 ~o vo P4aH Doc Bk Vol Pg 5820 ill: 00845214 pR 5862 73 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. 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 itself, its successors and assigns, 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. EDELWEISS GARTEN VENTURE, a Texas Joint Venture B/Joi 4 EN Venturer and Manager of the Joint Venture 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. FIRST AMERICAN BANK, SSB, a Texas State Savings Bank �• 1074 IT NO w� W APPROVED AS TO FORM: THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SUBMISSION FOR APPROVAL City Attorney Bg/legal ... group(o) /easements /edelweiss /0.0949 acre sanitary sewer /easement.doc 12/02/2003 Doc Bk Vol Rg 0094&7 - -1-# -- 00845214 OR Vol 9 58 274 THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on the , ty day of — ✓ , 2003, by J. STEPHEN ARDEN, Managbr and Joint Venturer of EDELWEISS GARTEN VENTURE, a Texas Joint Venture, on behalf of EDELWEISS GARTEN VENTURE, a Texas Joint Venture. M NER Texas ires 2006 THE STATE OF TEXAS § COUNTY OF BRAZOS § NOTARY PUB IC in and for the State of Texas ACKNOWLEDGMENT ��L'tarl �Tis instrument was acknowledged before me on the day of - JX'Cti1.t )w , 2003, � VI(C jlts Gti-tof FIRST AMERICAN BANK, SSB, a Texas kl State Savings Bank, on behalf of said FIRST AMERICAN BANK, SSB, a Texas State Savings Bank. o t�' Y DENISE M. JOINER * Notary Public, State of Texas My Commission Expires �+ NOVEMBER 24, 2006 PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842 -9960 NOTARY PUBLUC in and for the State of Texas RETURN ORIGINAL DOCUMENT TO: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842 -9960 cn rc S 3 Bgllegal ... group(o) /easements /edelweiss /0.0949 acre sanitary sewer /easement.do� 12/02/2003 a CU 3 !F o 0 � � n ga a �_ �•• � n r �� I, N N w � o W ny p a ng Xai'a m 4� 0 Aga 5 m a CU 3 Doc Bk Vol Pg 00845214 OR 5862 275 FIELD NOTES 0.0949 ACRES (4,132.6 SQUARE FEET) 10' PUBLIC UTILITY EASEMENT Being all that certain tract or parcel of land lying and being situated in the ROBERT STEVENSON SURVEY, Abstract No. 54 in College Station, Brazos County, Texas and being part of the 65.369 acre tract described in the deed from W. Barton Munro, Trustee and John Lampo, Trustee to Edelweiss Gartens Venture recorded in Volume 5327, Page 118 of the Official Records of Brazos County (O.R.B.C.) and being more particularly described by metes and bounds as follows: CONR ENCING: at a found iron rod with aluminum cap stamped "TxDOT ROW MARKER" for the west corner of the said 65.369 acre tract, the south corner of EDELWEISS GARTENS, PHASE FOUR Subdivision as recorded in Volume 5199, Page 287 and being in the northeast line of State Highway 40 right -of -way; THENCE: S 49' 28'37" E along the common line of the said 65.369 acre tract and State Highway 40 right -of -way for a distance of 20.01 feet to the POINT OF BEGINNING; THENCE: N 41' 49'45" E into the interior of the said 65.369 acre tract for a distance of 383.09 feet for corner, THENCE: N 26' 38'01" W for a distance of 21.50 feet for corner, said comer also being in the common line of the said 65.369 acre tract and the 86.028 acre Edelweiss Gartens Venture tract described in Volume 4167, Page 212, from whence a found 1/2 -inch iron rod marking the southeast comer of the beforesaid Edelweiss Gartens, Phase Four Subdivision bears S 41' 49'45" W at a distance of 211.40 feet for reference; THENCE: N 41' 49' ,45" E along said common line for a distance of 10.75 feet for corner, THENCE: S 26' 38'01" E into the interior of the said 65.369 acre tract for a distance of 32.25 feet for corner; THENCE: S 41' 49' 45" W for a distance of 389.67 feet for corner, said corner also being in the beforementioned northeast line of State Highway 40; THENCE: N 49' 28' 37" W for a distance of 10.00 feet to the POINT OF,BEGINNING and containing 0.0949 acres (4,132.6 square feet) of land, more or less. I, Kevin R McClure, Registered Professional Land Surveyor No. 5650 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. A Kevin R. McClure, R.P.L.S. #56 ��ftv7A EXH IBIT v cal � 1 �i D J C D 0 X b ti y e 0 0 O pv $O S4 3 �y 3 N 7 N L- 06 O_ M IR-a co I air x R s fat F, ; 5G =m Z(nZZW ♦ NA N.0, CID 02 � NW N OD OD CO CD _ W O -P O Z J J � i m M N N N�N O N W O O 8 -i IV V C cnv!V� m a� Wd I I - 4i FXHIRIT A v 1 Doc Hk Vol Pg 00845214 OR 5862. 276 N SN. 40 Raw (Not comftct * I 20 O I ....... I � ,• Y r r: y � •� v C P.U.E. G f. I Oldenburg Lane v �o i 50' R.O.W. N 33 Pavement 1 5' P. I I 1 1 I m I I o I S! I , I � to l j l m *1 If I I . LI 4xi ' 1 I I I I 1 I � 1 I 10' P.U_Eq� — — 10 ME J C Doc Bk Vol 'P' 00845214 OR 5862 277 Filed for Record in: BRAZOS COUNTY ,On: Feb 10,2004 at 08:05A As a Recordings Document Humbert 00845214 Amount 19.00 Receipt Number — 235841 Teresa Ramirez SIR T MF8 MID O' DUOS I hn4 certify that this instrunt vas filed on the date ad the stqWed hereon by it and was duly recorded it the roluse and page of the laud records of: MNTY as staped hereon by u. Feb 10, 2004 MME KW Uffli MIR aM BRr11Q; Ol)fIY a too Doe - Bk Vol Pg 00846731 OR 3889 261 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURA&cDE&MN, 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: `e— � 2ua-V_ GRANTORS: EDELWEISS GARTEN VENTURE, a Texas joint venture GRANTORS' MAILING ADDRESS: 1101 University Drive East, Suite 108 (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: All that certain 0.033 acre tract or parcel of land lying and being situated in the Robert Stevenson League, A -54, College Station, Brazos County, Texas; said easement being a portion of the called 65.369 acre tract conveyed to Edelweiss Garten Venture, as described in a deed recorded in Volume 5327, Page 118, Deed Records of Brazos County, Texas; said 0.033 acre tract being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all intents and purposes. 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; Page 1 Bg/legal ... group (o) /easements /edelweiss /0.033 acre easement /public utility easement.doc 02/09/2004 Doc Bk Vol Pg 00846731 OR 5889 262 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 Grantors, 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. GRANTORS expressly subordinate 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. GRANTORS will provide GRANTEE with the names and addresses of all lenders. It is expressly understood that the GRANTORS or future Owners o f this property reserve the right to use this EASEMENT for all purposes which do not interfere with or prevent its use by the GRANTEE. 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 GRANTORS do hereby bind themselves, their successors and assigns, 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. EDELWEISS GARTEN VENTURE, a Texas Joint Venture ByAointEVenturer PH E and Manager of the Joint Venture 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. FIRST AMERICAN BANK, SSB, a Texas State Savings Bank By: Printed Name: t -46.) Title: SA, ✓t -et ij& APPROVED AS TO FORM: THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SUBMISSION FOR APPROVAL City Attorney Page 2 Bg /legal ... group (o) /easements /edelweiss /0.033 acre easement /public utility easement.doc 02/09/2004 Doe Bk Vol Rg 00846731 OR 5889 263 THE STATE OF TEXAS § COUNTY OF BRAZOS § ACKNOWLEDGMENT This instrument was acknowledged before me on the 1%, day of 1 nArAjq,2004, by J. STEPHEN ARDEN, Manager and Joint Venturer of EDELWEISS GARTEN VENT8RE, a Texas Joint Venture, on behalf of EDELWEISS GARTEN VENTURE, a Texas Joint Venture. i s DENISE M. JOINER Notary Public State of Texas My commission expires NOTARY PUB in and for the State of Texas NOVEMBER 24.2006 THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me AI day of , 2004, Y b 1 SEvuLr V I(,C/�Y AMERICAN BANK, SS Texas State Savings Bank' n behalf of said FIRST AMERICAN BANK, SSB, a Texas State Savings Bank. ID DENISE M. JOINER Notary Public, State of Texas My Commission Expires NOVEM1BER 24,200 6 PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842 -9960 NOTARY PUBLIC intAnd for the State of Texas RETURN ORIGINAL DOCUMENT TO: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842 -9960 Page 3 Bg /legal ... group(o) /easements /edelweiss /0.033 acre easement /public utility easement.doc 02/09/2004 Doc Bk Vol Pg 00846731 OR 5889 264 METES AND BOUNDS DESCRIPTION FOR A 10 -FOOT WIDE PUBLIC UTILITY EASEMENT 1,419.5 SQUARE FEET (0.033 ACRES) ROBERT STEVENSON LEAGUE, ABSTRACT 54 BRAZOS COUNTY, TEXAS BEING all that tract or parcel of land, lying and being situated in the ROBERT STEVENSON LEAGUE, A -54, said easement being a portion of the called 65.369 acre tract conveyed to Edelweiss Garten Venture, as described in a deed recorded in Volume 5327, Page 118, Deed Records of Brazos County, Texas (DRBCT), and being more particularly described by metes and bounds as follows, to wit: BEGINNING at 5/8 -inch iron rod found with a 2 -inch aluminum cap stamped "TXDOT ROW MARKER ", lying on the proposed northeast Right -of -Way (ROW) line of State Highway 40. Said rod also marking the south corner of a called 86.028 acre tract described in a deed from Donald F. Carroll, to Eldelweiss Gartens Venture, recorded in Volume 4167, Page 212, DRBCT, same being the South corner of Lot 31, Block 9, Edelweiss Gartens Subdivision Phase 4, as recorded in Volume 5199, Page 287, DRBCT, for reference, a' /2 -inch iron rod found marking the southwest corner of Lot 30, Block 9 of Eldelweiss Gartens Phase 4, bears N 49 °28'42" W, at a distance of 157.84 feet; THENCE N 41"49'45" E, along the common line of said Eldelweiss Gartens Phase 4, and the aforementioned Eldelweiss Gartens called 65.369 acre tract, (Basis of Bearings), for a distance of 142.06 feet, to a' /2 -inch iron rod set on said common line; THENCE S 48 0 10'15" E, across said Eldelweiss Gartens called 65.369 acre tract for a distance of 10 feet, to a' /2 -inch iron rod set for corner of the herein described easement; THENCE S 41 W, across said Eldelweiss Gartens called 65.369 acre tract for a distance of 141.84 feet, to a Y2 -inch iron rod set on the proposed northeast ROW line of State Highway 40; THENCE N 49 0 28'42" W, along said proposed northeast ROW line, for a distance of 10 feet, to the POINT OF BEGINNING and containing in all, 1,419.5 square feet (0.033 acres) of land, more or less, as surveyed on the ground under my supervision in January, 2004. ;�� oFr GOODWIN- LASITER, INC. PQ� .. IS; E9Fa9 R. H. BONDS R.H. Bonds R.P.L.S. No. 5559 �� M59 College Station, Texas January 9, 2004 Q o �. SUR� EXHIBIT A to W Wew DirectoNIFIELDNOTES120031644017 .02.doc Doc I Bk Vol Rg 00846734 OR 5889 265 / O \ EDELWEISS GARTENS 000 PHASE FOUR � IRF / Cj O\ 0 A, / / 10' WIDE 1419.50 SQ. FT. �cc O 8 ��• (0.033 ACRES) PUBLIC .a UTILITY EASEMENT L ,� c 8 ,� ' S ,0� �� 70 q p VO 70 T LEGEND: @o IRF = 1/2 INCH IRON ROD FOUND Q IRS = 1/2 INCH IRON ROD SET SURVEYOR'S CERTIFICATE: � I, R.H BONDS, R.P.L.S. NO. 5559, DO HEREBY CERTIFY THAT THIS PLAT IS A TRUE REPRESENTATION OF A SURVEY MADE ON THE GROUND UNDER MY SUPERVISION IN JANUARY 2004. THIS TRACT DOES NOT LIE WITHIN A DESIGNATED 100 YEAR FLOOD PLAIN ACCORDING TO THE FEMA MAPS, OF BRAZOS COUNTY, EFFECTIVE DATE: 07 -02 -1992. R.H. BONDS REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5559 w R. H. BONDS t SUA ,L EXHIBIT A D: \644 \644017\644017 FINAL PUE.DWG 2004/01/06 0 13:13 FOUND IRON ROD W/ 2" ALUMINUM CAP STAMPED ' /• IRS "TXDOT ROW MARKER" 0 .0 \ 1/2" IRON ROD FOUND AT THE A ` ORIGINAL NORTHWEST �O CORNER OF W. BARTON MUNRO •D CALLED 110.57 ACRE TRACT BEARS S41'49'45 "W 127.16' o ve. IRS .7 0 0, N NOTE: SEE METES AND BOUNDS DESCRIPTION PREPARED OF EVEN DATE HEREWITH FOR MORE INFORMATION - L G L. OODWIN- ASITER, INC. ENGINEERS - ARCHITECTS SURVEYORS r 1509 EMERALD PKWY., SUITE 101 • COLLEGE STATION, TDLAS 77545 • (979) 696 -5767 • ct•x Ogood.W=Itr com 1509 s CHESTNUT ST., SUITE 202 • LUFKIN. TEXAS 75901 • (935) 537- 4900.0*nIn0 goodwwasitr.c" 02003 ALL RIGHTS RESERVED BY OOODMIN- {ANTkR. INC. UNAViHOR® USE OR Ron=CTION IS PROHIBITED WITHOUT WRITTEN CONSENT FROM OOODMp - TAUTER W- DATE DRAWN St APPVD BY: SCARE JOB "m 1/8/04 1 VS I RHB 1' -30' 644017 SURVEY PLAT OF A 10' WIDE 1419.50 30. FT. (0.033 ACRES) SHEET N0. PUBLIC UTILITY EASEMENT ROBERT STEVENSON LEAGUE A -54 COLLEGE STATION, BRAZOS COUNTY, TEXAS Doc Bk Vol Pg 00846731 OR 5889 266 Filed for Record in: BRAZOS COUNTY On: Feb 26,2@04 at 03:07P As a Recordings Docuent Nuaberi 08846731 Avount 19.00 Receipt Nunber — 237019 Mary Garcia M OF TiS Mk1V ff &W I hereby certify that this instruent ras filed on the date and We sWped hereon by ne and ras duly recorded is the value and page of the nand records of: BRRZBS CQlffl' as stuped hereon by it. Feb 26, 2004 HOE MEN M] EIr MNN OR No COU(fY EASEMENT DEDICATION SHEET r To be filled in and submitted with construction plans and specifications for preliminary rejew (Not to be used where City is purchasing property) JAN ?, 6 EUU4 THIS SECTIOP jo BE COMPLETED BY CITY STAFF PROCESSED BY: DEPT. do V EXT•_�_ REQUESTED BY: � DEPT. U� EXT. ACCOUNT NO. (] r�iYD �a J I r PROJECT NO. JA F EASEMENT: TYP Public Utilities (PUE) _ Temporary Blanket PUE (prior to building permit) PURPOSE FOR EASEMENT. LJ ` e- - � 01 Electric Only _ Water Only REVIEW AND APPROVAL REQUIRED /GIVEN BY THE FOLLOWING DEPARTMENTS: Approval Required By: Electric Approval Given By: Electric (please initial) Water/WW (please initial) Water/WW Asst. City Engineer Asst. City Engineer Public Works Public Works METES & BOUNDS DESCRIPTION CHECKED FOR CLOSURE BY: (.& 1) 4 (c Staff Name Dept.) THIS SECTION TO BE COMPLETED BY APPLICANT PROPERTY OWNER(S): as tnep appear on ADDRESS �,p,�4�j idO�_ PHONE NUMBER A ALL LENDERS (Please furnish copies of all lien documents): L� IF OWNER IS A CORPORATION, PARTNERSHIP, OR JOINT VENTURE (also see #5 below): 1. State of Incorporation /Registration 2. Partners' Names (if applicable) 3. Person Authorized to Sign �Z (Name and Title) LEGAL DEPARTMENT MUST BE PROVIDED WITH THE FOLLOWING: (Please cTeck items that are attached) 1. A copy of a recent (within 90 days) deed or title insurance policy showing the names of the grantoWowners; and 2. For unp'atted property, a signed, sealed and dated metes and bounds description and a diagram of the property showing the locat of the easement; or _ 3. For platted property, a copy of the plat showing the lot, block, subdivision, and recording information. _ 4. For blanket easements, a signed, sealed and dated metes and bounds description and a diagram of the property. 5. Corporate or partnership owners must mmish a copy of a corporate resolution or other proof of authority to sign on behalf of the corporation, partnership, or joint venture. 6. Name, address and phone number of person who is to receive the easement and be responsible for getting it executed: ,tod✓4