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ciCollege Station, Texas
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Legal Department
P.O.Box 9960 • 1101 Texas Avenue • College Station,TX 77842 • (979)764-3507 • FAX:(979)764-3481
www.ci.college-station.tx.us
MEMORANDUM
TO: Bridgette George, Asst. Development Review Manager, Development Services
FROM: Jan Schwartz, Legal Assistantdt
B "'�
SU JECT: Utility Easement and Tempora Construction Easement
Timothy J. Crowley- Reatta Meadows Off-Site PUE
DATE: February 27, 2004
Attached for your file please find a copy of a 0.394 acre Public Utility Easement in the Robert
Stevenson League, Abstract No. 54, Brazos County, Texas, dated December 15, 2003, from
Timothy J. Crowley to the City of College Station, Texas, recorded in Volume 5775, Page 91, of
the Official Records of Brazos County, Texas.
If you need any additional information, please let me know.
js
Attachment
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00840150 OR 5775 91
PUBLIC UTILITY EASEMENT
DATE: December 15,2003
GRANTOR: Timothy J. Crowley
GRANTOR'S •
MAILING ADDRESS: 1301 McKinney St.
Suite 3500
Houston, Harris County,Texas 77010
GRANTEE: City of College Station,Texas
GRANTEE'S
MAILING ADDRESS: 1101 Texas Avenue
College Station,Brazos County,Texas 77840
CONSIDERATION: Ten Dollars($10.00) and other good and valuable consideration.
PROPERTY:
A surface and sub-surface easement in, under and across all that certain 0.394 of
one acre tract or parcel of land situated in the ROBERT STEVENSON
LEAGUE, Abstract No. 54, Brazos County, Texas, and being part of that
certain called 734.96 acre tract as described in a deed to Timothy J. Crowley, as
recorded in Volume 1415, Page 74, of the Brazos County Official Records, and
being more particularly described by metes and bounds on Exhibit "A" and as
shown on Exhibit"B",both attached hereto and incorporated by reference herein
(the"Property").
This conveyance of easement shall and does hereby grant the rights herein specified only, subject
to the Reservations and Exceptions hereinafter set forth, as to that portion of the above-described
Property more particularly described on attached Exhibit "A" and as shown on attached Exhibit
"B", known as the `Basement Area", to bore, erect, construct, install and thereafter use, operate,
inspect, repair, maintain, reconstruct, modify and remove 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;
in, on, over, and across the Property as described and herein restricted and any ways, streets,
roads, or alleys abutting same, and to cut, trim and control the growth of trees and other
vegetation in and on the surface and above ground Easement Area (but not in the "No Surface
Use" area) which interferes with or threatens the operation and maintenance of any public utility
equipment, accessories, or operations in or on the Easement Area. It being understood and agreed
that any and all equipment and facilities placed in, on,over and under the surface of said property
shall remain the property of Grantee.
Public Utility Easement Page 1 of 7 ��
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00840150 OR 5775 92
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 EXCEPTIONS
TO CONVEYANCE AND WARRANTY:
1. Grantor does not grant and Grantee shall not have the right to disturb, enter or go upon the
surface of the Property identified and described as"No Surface Use"on Exhibit"E"for any
purpose, it being the intent of Grantor and Grantee that Grantee, for itself its successors and
assigns, expressly waive, release and relinquish Grantee's right of using any portion of the
surface of the Property identified and described as"No Surface Use"on Exhibit"B"for any
purpose. The foregoing sentence applies only to the surface of the Property identified and
described as "No Surface Use" on Exhibit "B". Grantee, and Grantee's successors and
assigns, do not by these presents waive,release or relinquish the right to bore under, tunnel
construct,install and thereafter use, operate, inspect,repair,maintain,reconstruct,modify
and remove electric transmission and distribution lines; water lines;sanitary sewer lines;
connecting lines; access facilities, and related equipment; storm sewers and collection
facilities; television, telephone, and communications lines; drainage pipes and other
subsurface drainage structures under the surface of the Property, provided there is no
disturbance of the surface which results from such activity. Grantee, and Grantee's
successors and assigns have the right to cut, trim and control the growth of trees and
other vegetation in and on the surface and above ground Easement Area (but not in the
"No Surface Use" area)which interferes with or threatens the operation and maintenance
of any public utility equipment, accessories, or operations.
2. The Temporary Easement identified on Exhibit"B"attached hereto shall terminate and
be of no further force or effect sixty(60)days after commencement of use of this
Easement by Grantee.
3. LIENS: A. Deed of Trust dated December 12, 1989, executed by Robert
B.Waltman and wife, Linda C. Waltman and Timothy J.
Crowley to Donald R.Rogge,Trustee for the benefit of Farm
Credit Bank of Texas,in the principal amount of$825,000.00,
recorded in Volume 1158,page 97,Official Records of Brazos
County,Texas and as modified,rearranged and/or extended by
instruments recorded in Volume 2896,page 5,Volume 3882,
pages 35 and 59 and Volume 4517,page 1,Official Records of
Brazos County,Texas.
•
Assignment of Lien dated August 7, 1997,executed by Farm
Credit Bank of Texas to The First National Bank of Bryan„
recorded in Volume 2912,page 316, Official Records of Brazos
County,Texas.
B. Deed of Trust dated December 28, 1994,executed by
Timothy J. Crowley and wife, Lynn Goode Crowley to Arnold
R. Henson,Trustee for the benefit of Farm Credit Bank of Texas,
in the principal amount of$197,500.00,recorded in Volume
2271,page 212,Official Records of Brazos County,Texas and
as modified,rearranged and/or extended by instruments recorded
in Volume 2896,page 5,Volume 3882,pages 35 and 59 and
Public Utility Easement Page 2 of 7
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00840150 OR 5775 93
Volume 4517,page 1, Official Records of Brazos County,
Texas.
Assignment of Lien dated August 7, 1997, executed by Farm
Credit Bank of Texas to The First National Bank of Bryan,
recorded in Volume 2912, page 316, Official Records of Brazos
County, Texas.
C. Deed of Trust dated July 30, 1997, executed by Timothy J.
Crowley to Timothy N. Bryan,Trustee for the benefit of The
First National Bank of Bryan,in the principal amount of
$252,250.05,recorded in Volume 2896,page 14, Official
Records of Brazos County,Texas and as modified,rearranged
and/or extended by instruments recorded in Volume 3882,pages
35 and 59 and Volume 4517,page 1, Official Records of Brazos
County,Texas.
D. Deed of Trust dated April 1, 1999, executed by Timothy J.
Crowley to Timothy N. Bryan,Trustee for the benefit of The
First National Bank of Bryan, in the principal amount of
$500,000.00,recorded in Volume 3439,page 235, Official
Records of Brazos County, Texas and as modified,rearranged
and/or extended by instruments recorded in Volume 3882,page
59 and Volume 4517,page 1, Official Records of Brazos
County,Texas.
E. Deed of Trust, Security Agreement and Assignment of Rents
and UCC Financing Statement for Fixture Filing dated July 16,
2003,executed by Timothy J. Crowley to Timothy N. Bryan,
Trustee for the benefit of The First National Bank of Bryan,in
the principal amount of$350,000.00,recorded in Volume 5453,
page 11, Official Records of Brazos County,Texas.
4. EASEMENTS: Right-of-Way Easement from Esther Cavitt to Sinclair Refining
Company,dated March 13, 1947,recorded in Volume 132,page
95,Deed Records of Brazos County,Texas. Assignment from
Sinclair Refining Company to Sinclair Pipe Line Company,
dated December 31, 1950,recorded in Volume 147,page 417,
Deed Records of Brazos County,Texas.
Right-of-Way Easement from Ethel Cavitt Estate et al to
Wellborn Water Supply Corporation,dated August 11, 1982,
recorded in Volume 531,page 722, Deed Records of Brazos
County, Texas.
Right-of-Way Easement from Ethel Cavitt Estate et al to
Producers Gas Company, dated July 22, 1981,recorded in
Volume 534,page 84,Deed Records of Brazos County, Texas.
Public Utility Easement Page 3 of 7 {-2/L_
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00840150 OR 5775 94
4. OUTSTANDING MINERALS AND/OR ROYALTIES:
Mineral reservation in Deed from Edith Cavitt Estate et al to
United Four Joint Venture,dated December 16, 1982,recorded
in Volume 564,page 504,Deed Records of Brazos County,
Texas.Title to this reservation has not been traced subsequent to
the date of the above-cited instrument.
Royalty reservation in Deed from Robert B. Waltman et'ux to
Timothy J. Crowley, dated January 24, 1992,but effective
December 31, 1991, recorded in Volume 1415,page 74, Official
Records of Brazos County,Texas. Title to this reservation has
not been traced subsequent to the date of the above-cited
instrument.
5. OIL&GAS LEASES:
Estate created by Oil and Gas Lease from Edith Cavitt Estate et
al to Cayuga Exploration,Inc., dated August 15, 1977,recorded
in Volume 27,page 530, O&GL Records of Brazos County,
Texas. Title to this lease has not been traced subsequent to the
date of the above-cited instrument.
Estate created by Memorandum of Oil and Gas Lease from
Timothy J. Crowley et al to Union Pacific Resources Company,
dated May 29, 1990,recorded in Volume 1205,page 135,
Official Records of Brazos County,Texas and as ratified by
instruments recorded in Volume 1197,pages 837 and 839,
Volume 1220,pages 311, 313, 315 and 317 and Volume 1667,
page 42, Official Records of Brazos County,Texas,and as
amended and extended by instruments recorded in Volume 1673,
page 276,Volume 1835,page 92 and Volume 1839,page 303,
Official Records of Brazos County,Texas,subject to Partial
Release dated October 17, 1995,recorded in Volume 2514,page
332, Official Records of Brazos County,Texas. Title to this
lease has not been traced subsequent to the date of the above-
cited instrument.
6. RESTRICTIONS: Restrictive covenants recorded in Volume 4125,page 141,
Official Records of Brazos County,Texas.
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, administrators, 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.
/�fli
Tim thy J. Cro ey
Public Utility Easement Page 4 of 7
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08840150 OR 5775 95
APPROVED AS TO FORM.
THIS DOCUMENT MAY NOT
BE CHANGED WITHOUT
RE-SUBMISSION FOR APPROVAL
2-13t../log&* 4:-We-efe
Marshall H.Cargill,City Atto 4
STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on this the /Scilly of �
2003,by Timothy J.Crowley.
el:e; CYNTHIAA HAGGARD el,,4AQ (1 Q
*f , *= NOTARY PUBLIC Notary Public,State of Texas
, State of Texas
`797 ,'Comm. Exp. 05-03-2007
PREPARED IN THE OFFICE OF: AFTER RECORDING, RETURN
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,Texas 77842-9960
Public Utility Easement Page 5 of 7
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00840150 OR 5775 96
EXHIBIT"A"
FIELD NOTES
0.394 OF ONE ACRE
OUT OF THE
TIMOTHY J.CROWLEY
CALLED 734.96 ACRE TRACT
ROBERT STEVENSON LEAGUE,A-54
COLLEGE STATION,BRAZOS COUNTY,TEXAS
JUNE 25,2003
REVISED September 19,2003
All that certain lot,tract or parcel of land being 0.394 of one acre situated in the ROBERT STEVENSON
LEAGUE,Abstract No. 54,Brazos County,Texas, and being a part of that certain Called 734.96 acre tract
as described in deed from Robert B.Waltman and wife,Linda C.Waltman to Timothy J.Crowley,of
record in volume 1415,Page 74,Deed/Official records of Brazos county,Texas,said 0.394 of one acre
tract being more particularly described by metes and bounds as follows;
BEGINNING at a'/2"Iron Rod found for the northwesterly corner,said corner being the most easterly
corner of the Gary Seaback Called 117.50 acre tract as described in Volume 2597,Page 186,said corner
also being located in the northwest line of said Called 734.96 acre tract,a V2"lion Rod found for the most
northerly corner of said Called 734.96 acre tract bears
N 42° 11 ` 19"E a distance of 4567.76 feet;
THENCE along the north line of Proposed 20 foot wide Public Utility Easement the following calls:
S 47°47 '47"E,a distance of 1.35 feet to a point for corner;
N 83 °48 ` 15 "E, a distance of 353.33 feet to a point for corner,and,
N 84°44 ` 09"E,a distance of 497.88 feet to a point in the northwest line of an existing City of
College Station 20' wide Public Utility Easement as recorded in Volume 4328,Page 164 for the northeast
corner, an exterior corner of said existing easement bears N 52°34 ` 52"E a distance of 276.09 feet;
THENCE S 52°34'52"W,along the northwest line of said existing City of College Station 20'wide
Public Utility Easement a distance of 7.63 feet to a point for an interior corner,said corner being an exterior
corner in said existing City of College Station 20'wide Public Utility Easement;
THENCE S 1 °37 ` 04"W,along the west line of said existing City of College Station 20'wide Public
Utility Easement a distance of 16.05 feet to a point for the southeast corner,an interior corner of said
existing easement bears S 1 °37 ` 04"W a distance of 346.84 feet;
THENCE along the south line of Proposed 20 foot wide Public Utility Easement the following calls:
S 84°44 `09"W,a distance of 489.33 feet to a point for corner;
S 83 °48 ` 15"W, a distance of 375.53 feet to a point for corner;and,
N 47 °47 `47"W,a distance of 1.68 feet to a point in the northwest line of said Called 734.96
acre tract and the southeast line of said Called 117.50 acre tract for the most westerly corner,the calculated
most southerly corner of said Called 117.50 acre tract bears
S 42°37 ` 31 "W a distance of 1463.24 feet;
THENCE N 42 ° 37 ` 31 "E,along the northwest line of said Called 734.96 acre tract and the southeast
line of said Called 117.50 acre tract a distance of 30.00 feet to the PLACE OF BEGINNING AND
CONTAINING AN AREA OF 17,159 square feet or 0.394 OF ONE ACRE OF LAND MORE OR LESS,
according to a survey performed on June 18, 2003,under the supervision of H.Curtis Strong,registered
Professional Land surveyor No.4961.North orientation is based on rotating the northeast line of said
117.50 acre tract to Grid North based on GPS observations.
Public Utility Easement Page 6 of 7
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•
0084150 OR 57751 979
EXHIBIT " B "
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N 42'37'31" E 30.00' End. 1/2" Iron Rod •
S 42' 7'31' W 148324' / I.R. N 42'11'19" E BIi19j(1F�'►d" Fnd• 1/2' I.R.
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//// S 84.44,09• W
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j/ Existing City of Cyollege Station
20' Pub 43 8%f6 Easement
GENERAL NOTES: .•
••
.NORTH ORIENTATION IS BASED ON ROTATING THE NORTHEAST LINE OF THE
CALLED 117-1/2 ACRE TRACT TO GRID NORTH BY USING GPS METHODS.
I, H. CURTIS STRONG, REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4961, CITY OF COLLEGE STATION
DO HEREBY CERTIFY THAT THIS PLAT REPRESENTS THE RESULTS OF A PROPOSED 20' WIDE PUBLIC UTILITY EASEMENT
SURVEY PERFORMED ON THE GROUND UNDER MY SUPERVISION AND IS TRUE 0.394 OF ONE ACRE
AND CORRECT TO THE BEST OF MY KNOWLEDGE.
H. CURTIS STRONG, R.PI.S O F `SURVEYED JUNE 18, 2003TIMOTHY
ROBERT STEVENSON SURVEY,A-54
/•,.... CALLED 734%ACRE TMCT
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