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00853688 OR 60111 241g
PUBLIC UTILITY EASEMENT
DATE: April 21,2004
GRANTOR: Gary Seaback
GRANTOR'S
MAILING ADDRESS: 4245 Wellborn
Bryan,Brazos County,Texas 77801
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:
All that certain tract or parcel of land lying and being situated in Brazos
County,Texas,out of the ROBERT STEVENSON SURVEY,A-54, and
being part of the same tract of land described in a deed to Gary Seaback,
as recorded in Volume 2597, Page 186, Official Records of Brazos
County, Texas, 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 shall grant the rights herein specified only 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"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 communication lines;
Drainage ditches,drainage pipes and all other drainage
Structures,surface and subsurface;
Public Utility Easement Page 1 of 5,
0oc
0853688 OR 60111 2429
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 within or along 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 as may be necessary to prevent
possible interference with operations of said facilities and/or equipment or to remove
possible hazards thereto. It is being understood and agreed that any and all equipment
and facilities placed upon said property shall remain the property of GRANTEE.
GRANTOR expressly subordinates all rights of surface use incident to the mineral estate
to the above described uses of said surface by GRANTEE, and agarees 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 himself, his heirs, 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.
G'. eaba t _
APPROVED AS TO FORM.
THIS DOCUMENT MAY NOT
BE CHANGED WITHOUT
RE-SUBMISSION FOR APPROVAL
Rzy_s
City Attorney
Public Utility Easement Page 2 of 5
00853688 OR 60111 2439
STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on this the° "` day of
2004,by Gary Seaback.
0IPI
I 'W IA.d,
No : 1 .'c, • :t-tof exas
S - — —
SANDRA JO MICKEY
PR'"4 til Meg Pubic,8r s d TIMIS
.,�I OoaMnallon Expires
AUGUST 15,2007
_
PREPARED IN THE LAW OFFICE OF:
BRUCHEZ,GOSS,THORNTON,MERONOFF&HAWTHORNE,P.C.
4343 Carter Creek Parkway,Suite 100
Bryan,Texas 77802 File Number:03-1465:EVB/jm
AFTER RECORDING RETURN TO:
CITY OF COLLEGE STATION
LEGAL DEPARTMENT
P.O.Box 9960
College Station,Texas 77842-9960
Public Utility Easement Page 3 of 6
. 00853688 OR 60111 2449
EXHIBIT"A"
FIELD NOTES
1.395 ACRES
OUT OF THE
GARY SEABACK
CALLED 117.50 ACRE TRACT
VOLUME 2597,PAGE 186
ROBERT STEVENSON LEAGUE,A—54
COLLEGE STATION,BRAZOS COUNTY,TEXAS
SEPTEMBER 5,2003
REVISED:SEPTEMBER 19,2003
All that certain lot,tract or parcel of land being 1.395 acres situated in the ROBERT
STEVENSON LEAGUE,Abstract No.54,Brazos County,Texas,and being a part of that certain
Called 117.50 acre tract as described in deed from A.S.McSwain,Jr.et al to Gary Seaback,of
record in Volume 2597,Page 186,Official Records of Brazos County,Texas,said 1.395 acre
tract being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2"Iron Rod found for the most easterly corner,said corner being the most
easterly corner of said Called 117.50 acre tract and the most southerly corner of the Edward
Froehling Called 49.35 acre tract as described in Volume 4248,Page 144,said corner also being •
located in the northwest line of the Timothy J.Crowley Called 734.96 acre tract as described in
Volume 1415,Page 74;
THENCE S 42°37` 31 "W,along the southeast line of said Called 117.50 acre tract and the
northwest line of said Called 734.96 acre tract a distance of 30.00 feet to a point for 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 47°47`47"W,a distance of 1386.82 feet to a point for corner;
THENCE S 66°47`08"W,a distance of 380.29 feet to a point for corner;
THENCE S 80°25 `25"W,a distance of 296.77 feet to a point for corner;
THENCE S 63°26` 13"W,a distance of 117.55 feet to a point for comer;
THENCE S 43°28`04"W,a distance of 141.03 feet to a point for corner;
THENCE N 46°40` 14"W,a distance of 20.00 feet to a point for corner;
THENCE N 43°28 `04"E,a distance of 144.60 feet to a point for corner;
THENCE N 63°26 ` 13"E,a distance of 124.06 feet to a point for corner;
•
THENCE N 80°25 `25"E,a distance of 297.36 feet to a point for corner;
THENCE N 66°47` 08"E,a distance of 401.74 feet to a point in the northeast line of said
Called 117.50 acre tract and the southwest line of said Called 49.35 acre tract for the most
northerly corner,the calculated most northerly corner of said Called 117.50 acre tract bears
N 47°47`47"W a distance of 2019.97 feet;
THENCE S 47°47`47"E,along the northeast line of said Called 117.50 acre tract and the
southwest line of said Called 49.35 acre tract a distance of 1395.31 feet to the PLACE OF
BEGINNING AND CONTAINING AN AREA OF 1.395 ACRES OF LAND MORE OR LESS,
according to a survey performed in June,2003,under the supervision of H.Curtis Strong,
registered Professional Land Surveyor No.4961. North Orientation is based on rotating the
northeast line to Grid north based on GPS Observations.
Public Utility Easement Page 4 of 6
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EXHIBIT " B ' ibab536e8 ti 60 a4s
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Z :04 Aa•w ?s• On: May 03,2N4mat B2:BBP
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Recordings
Docioent Mleier+t,,
• Reount 17.BB
Receipt Mugger - 241625
0 Gg'� Jo 6illa 8Yy
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`�`-',9>-\,04,--ib T SOME W US CORY if
I hereby certifythat this iastrvieit
�i ,2F 1.._
bfiled w the date aad tine stayed hereva.hy
66.' q�, �� �, aad Bas dely recorded ie the rdl°e ad pale,3 >t� ,rte,` of the used records of:
NOS CORM •
, ��`r g �irR`�d" as shaped her
a May 03,2004
a -
ga
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• v
• E
117-1/I'M
ti s
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S 42'37'31' W 30.00 P i� Iron Rod
S 42'37'31'W 14e324' �,s N 4211'19' E 4567.70FF'NH,,,,o�d�r,t ��0000tttt���
Wiped 734.96 m.
04
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ledit
GENERAL NOTES'
NORTH ORIENTATION IS BASED ON ROTATING THE NORTHEAST LINE OF THE
CALLED 17.1/2 ACRE TRACT TO GRID NORTH BY USING GPS METHOOS. M 4 OF Cry 1 EGE ST N
I. H. CURTIS STRONG. REGISTERED PROFESSIONAL LAND SURVEYOR N0. 4961, PR• ' • : `+''`." �TH
DO HEREBY CERTIFY THAT TICS PLAT REPRESENTS THE RESULTS OF A PU:
SURVEY PERFORMED ON THE GROUND UNDER MY SUPERVISION AND IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE, Za&ES
H. CURTIS STRONG. RP --% - .• JUNE 18. 2003
C CAUL 11.50 ACRE TRACT
i�!� 1 s ',� * ROBERT STEVENSON SURVEY-A-54
° VOLUME 2597 PACE 18i
•ja 1,,Avg SC5ALE r•36R 1205 coder,Nal=5,
u";i1'! �c ; l ::Iii/ REVISED 19.2003
\, g" ,�
•
TRONG "22 noor�`'�
•
►_.0 ••••‘0,0+7.1p'
�' �,, SURVEYING }o030
sena aftenebv*Paceas
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Pf� .Oi
00847652 OR 59061 100 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.
PUBLIC UTILITY EASEMENT
DATE: Fe-621t4.2 L Z, aZO 4
GRANTORS: B. D. PITTMAN and wife, CYNTHIA R. PITTMAN
GRANTORS' MAILING ADDRESS: 2609 Arbor Drive
Brazos County
Bryan, Texas 77802
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 0.48 acres 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 that 5.00 acres conveyed to B. D. Pittman and wife, Cynthia
R. Pittman by deed recorded in Volume 1666, Page 191, of the Official Records
of Brazos County, Texas; said 0.48 acre tract of land 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/pittman/public utility easement.doc
0//21/2004
Doc Bk V
00847652 OR 59061 1019
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 of 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.
/AM&
B.%. PITTMAN
400
m„. A .,ice
CYNTHIA R. PITTMAN
APPROVED AS TO FORM
THIS DOCUMENT MAY NOT
BE CHANGED WITHOUT
RE-SUBMISSION FOR APPROVAL
ieexarvrt19-Aoritik
City Attorney
Page 2
Bg/legal...group(o)/easements/pittman/public utility easement.doc
01/11/1004
0g47652 OR 59081 1029
THE STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF BRAZOS §
This instrument was acknowledged before me on this I May ofAwl, 2004, by B. D.
PITTMAN. XA/Cg4VNAJO
‘4 LINDA HARROD
4.
MY COMMI88 ON EXPIRES Notary Public in and for the State of Texas
„ • Fabtuay*2007
THE STATE OF TEAS §
§ ACKNOWLEDGMENT
COUNTY OF BRAZOS §
This instrument was acknowledged before me on this La day of cr 2004, by
CYNTHIA R. PITTMAN. (�
N N�My
f� Vii: DANNY KASPER
4. }}�.. ; MY COAMMMIISSI EXPIRES Notary Put ' i a for the State of Texas
n7fiN
w
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
•
Page 3
Bg/legal...group(o)/easements/pittman/public utility easement.doc
01/21/2004
•
Bk
Doc
OR 59061 1039
•
Joe Orr, Inc.
Surveyors&Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690-3378
30' Easement
B.D. Pittman Tract
Robert Stevenson League
College Station, Texas
6 January 2004
All that certain tract or parcel of land lying and being situated in the Robert Stevenson
League, Abstract No. 54, in College Station, Brazos County, Texas, being a part of that 5.00
acre conveyed to B.D. Pittman and wife, Cynthia R. Pittman by deed recorded in Volume
1666, Page 191 of the Official Public Records of Brazos County, Texas, being an easement
thirty feet (30') in width lying along and adjoining the northeast right-of-way line of the
proposed State Highway 40 and being more particularly described as follows:
Beginning at a Y2"iron rod with an aluminum cap stamped "TXDOT ROW Marker" found at
the most easterly corner of that 2.328 acre tract conveyed to the State of Texas by deed
recorded in Volume 4677, Page 26 of the Official Public Records of Brazos County, Texas,
in the southeast line the said Pittman tract which is the northwest line of Barron Road as
fenced, from which a %i" iron rod was found S 41° 56' 59" W — 151.77 feet at the most
southerly corner of the said Pittman tract.
Thence along the northeast right-of-way line of the proposed State Highway 40 as follows:
N 53° 04' 12"W—83.46 feet to a brass right-of-way marker found set in concrete;
N 48° 06' 36"W-328.15 feet to a brass right-of-way marker found set in concrete;
N 47° 06' 30"W—262.65 feet to a brass right-of-way marker found set in concrete;
N 49° 15' 21" W — 18.03 feet to a %2" iron rod with a plastic cap stamped "K.
McCLURE RPLS 5650" found in the northwest line of the said Pittman tract from
which a %2" iron rod was found S 44° 50' 51" W — 148.56 feet at the most westerly
corner of the said Pittman tract and a brass right-of-way marker in concrete was found
N 49° 15' 21"W— 113.2 feet;
Thence N 44° 50' 51"E —30.08 feet along the northwest line of the said Pittman tract to the
most northerly corner of this tract;
Thence through the said Pittman tract parallel to and thirty feet (30') from the northeast right-
of-way line of the proposed State Highway 40 as follows:
S 49° 15' 21"E— 16.44 feet to an angle point;
S 47°06' 30"E—262.95 feet to an angle point;
S 48° 06' 36"E—326.59 feet to an angle point;
30' Easement—Pittman TractA Page 1 of 2
EXHIBIT
Doc Bk Vol Pg
00847652 OR 5906 104
S 53° 04' 12" E — 84.80 feet to the southeast line of the said Pittman tract and the
northwest line of Barron Road as fenced;
Thence S 41° 56' 59" W— 30.12 feet along the southeast line of the said Pittman tract to the
Point of Beginning and containing 0.48 acres of land more or less.
Bearings are Texas State Plane, Central Zone, NAD-83 datum, based on GPS observations
from City of College Station 1994 control monuments.
•
DAM 9. MAYO
-��rnro�� �ne�c��atr�:
A-3 1475 '`✓L1 'i
SU POI
30' Easement—Pittman Tractn Page 2 of 2
EXHIBIT fl
CO
tv•
Doc Bk Vol Pg
00847652 OR 5906 105
o Q W p o0 sik )2-. 550)0
.-�y o r .Moi Z W. Barton Munro, trustee
o,a I y f rem. of 110.57 acres
N o co I 4/0,°44.,d w`� Vol. 2726, Pg. 165
c_ 1 CG'pF w/ N N \v
c0 0 n I ? ir44, R°< ss6, N 44 50'51•E `�1'
o - Pb.) s o .50.08 co
A N N "�p p o•i S 44.50'51"W-148.56' eta......,,,. harbe -wire �nnce
l�;<::>:::>:::�N 44 50'51 E-167.18'
0 S0��`1a 56° !V-
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ui Proposed
41. trO _. Highway 40
o
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c ` rae ss R
,.�a ;.**4.6;,,}911i, ;°,,., /r dao
'' .�`u('') ale til , OTcf co
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.>� ' MoS1on? 0.6. .,,01.
v.v.1,Lam ". f°°o e�'oeor Rbarbed-wire ince
\Z••'c , ° S 41.56'5W-151.77' �S 41.56'51W
o - :
39
N y —— bunlop deed line approximate) Barron Road
`,
_v o v O -
o as S
�:1 Yorker % R.0 i Wayne A. Dunlap and c"0
Brag
' — cone: Beverly J. Furrer, et al
1 lz 154 acres (rem. of 158 acres) o 8
4 Vol. 283, Pg. 382
to 1 Vol. 854, Pg. 57
•
•
EXHIBIT A :
Doc Bk N.
00847652 OR 5906
0Pb%47652 OR 59081 1069
Filed for Record in:
BRAZOS COUNTY
On: Mar 05,2984 at O4:5OP
As a
Recordings
Document Numbers 08847652
Amount 21.00
Receipt Number — 237698
BTeresa Ramirez
SU IF ON F
I hereby certify that this instrmment mos
filed to the date and tin stamped hereto by me
and was del recorded im the nue and page
of the name records of:
1911108CONEY
as stamped hereto by is.
Mar 05,2004
HOINBLE KAREN KOHN, CONEY 01W
Doc Bk Vol Pg
00846012 OR 5876 289
TEMPORARY CONSTRUCTION EASEMENT
DATE: ;Je, y
GRANTOR: TIMOTHY J. CROWLEY
GRANTOR'S MAILING ADDRESS: 1301 McKinney, Suite 3500
Harris County
Houston, TX 77010
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:
Being a 0.3119 acre tract of land, out of the Augustus Babille Survey, A-75, also being
out of a 58.95 acre tract owned by Timothy J. Crowley as recorded in Volume 5440, Page
147 of the Brazos County Official Records (B.C.O.R.), the 0.3119 acre tract being more
particularly described by metes and bounds in Exhibit "A" attached hereto and made a
part hereof for all purposes;
provided, however, that this conveyance shall grant the rights herein specified only as to that
portion of the above-described property more particularly described by metes and bounds on the
attached Exhibit "A", known as the "Construction Area", which area is necessary for the
construction of the sanitary sewer line located adjacent thereto, as set out in Exhibit "A" attached
hereto.
It is understood and agreed that any and all equipment and facilities placed upon said property
shall remain the property of GRANTEE.
It is further understood and agreed that the construction easement shall exist from the date
construction begins on this project until completion of the project.
It is also agreed that the expiration of this construction easement shall not affect the GRANTEE's
right to utilize the permanent easement area as set out in Exhibit "A" attached hereto.
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.
GRANTEE expressly agrees to return the construction easement area to its original condition, or
as close thereto as is reasonably possible.
It is expressly understood that the GRANTOR or future Owners of this property reserve the right
to use this construction easement for all purposes which do not interfere with or prevent its use
by the GRANTEE.
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 and administrators, 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.
js\C:IWINDOWSITEMPITemporary Construction Easement.DOC
1/26/04
Doc Bk Vol Pg
00846012 OR 5876 290
-747
EXECUTED this ��p day of / , 2004.
Agliik
TIMOTHY J. CRO L.
APPROVED AS TO FORM:
et) 1
i
City Attorney
STATE OF TEXAS *
*1s * ACKNOWLEDGMENT
COUNTY OF OS *
This instrument was acknowledged before me on the 0Zr day of -- ,
2004, by TIMOTHY J. CROWLEY.
C.:y1
CYNTHIA A HAGGARD /�
NOTARY PUBLICNot Public in�a d for the tate of Texas
State of Texas14.0,1, Comm. Exp. 05-03-2007
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 AMERICA BA 1K, SS :
BY:/ V-1,9 - •
Doc
OR 58761 2929
UTILITY EASEMENT
DATE: 54/1""41
v24 y c)-0-O y
GRANTOR: TIMOTHY J. CROWLEY
GRANTOR'S MAILING ADDRESS: 1301 McKinney, Suite 3500
Harris County
Houston, Texas 77010
GRANTEE: CITY OF COLLEGE STATION,TEXAS
GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue
Brazos County
College Station, Texas 77840
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration.
PROPERTY:
Being a 0.3425 acre tract of land, out of the Augustus Babille Survey, A-75, also being
out 9f a 58.95 acre tract owned by Timothy J. Crowley as recorded in Volume 5440, Page
147 of the Brazos County Official Records (B.C.O.R.), said 0.3425 acre tract being more
particularly described by metes and bounds in Exhibit "A" attached hereto and made a
part hereof for all 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:
Sanitary sewer lines, connecting lines, access facilities,
associated communication lines, and related equipment;
under 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 Grantor, 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.
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. Grantor will provide Grantee with the names and addresses of all lenders.
RESERVATIONS AND RESTRICTIONS:
1. Right-of-Way Easement from Milton D. Williams to Wellborn Water Supply Corporation,
dated March 13, 1984, recorded in Volume 894, page 435, Official Records of Brazos
County, Texas.
2. 30' Pipeline Easement from Elizabeth Williams to Aquila Southwest Pipeline Corporation,
dated November 26, 1993, recorded in Volume 1991, page 53, Official Records of Brazos
County, Texas.
3. Terms, conditions and stipulations as set forth in 20' Water Pipeline Easement and
Agreement from First National Bank of Bryan, Trustee of the Elizabeth M. Williams
Education Trust to Wellborn Special Utility District, dated November 27, 2000, recorded in
Volume 3989, page 133, Official Records of Brazos County, Texas.
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•
4. 10' and 20' Right-of-Way Easements from First National Bank, Bryan, Texas, Trustee of the
Elizabeth M. Williams Education Trust to City of Bryan, dated May 20, 2003, recorded in
Volume 5356, page 176, Official Records of Brazos County, Texas.
5. That portion of subject property lying within the Arrington Road right-of-way.
6. Mineral reservation in Deed from First National Bank of Bryan, Texas, Trustee of the
Elizabeth M. Williams Education Trust to Timothy J. Crowley, dated July 9, 2003, recorded
in Volume 5440,page 147, 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 the same or any part thereof, except as to the reservations from and exceptions to
conveyance and warranty, when the claim is by, through, or under GRANTOR but not otherwise.
TIMOTH CROWLEY
APPROVED AS TO FORM.
THIS DOCUMENT MAY NOT
BE CHANGED WITHOUT
RE-SUBMISSION FOR APPROVAL
City Attorney
STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF HARRIS §
This instrument was acknowledged before me on the —24day of ,
2004,by Timothy J. Crowley.
•QQ• , /ot3r �A _f
ter P1 CYNTHIA A HAGGARD Nota Public in and for �"`y l
2° ;„. c:A NOTARY PUBLIC
�, *= State of Texas The State of Texas
\14.0E 47 Comm. Exp. 05-03-2007
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 AMERICA► B • NK, S' B
BY: / v),~
Printed Name: (JR.- A. 6,-.•
Title: ,S'v P
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,TX 77842-9960 College Station,TX 77842-9960
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METES AND BOUNDS DESCRIPTION
20' WIDE PUBLIC UTILITY EASEMENT
OF A.3425 ACRE TRACT OF LAND
OUT OF THE
AUGUSTUS BABILLE SURVEY,A-75
BRAZOS COUNTY,TEXAS
Being a tract of land containing .3425 acres, out of the Augustus Babille Survey, A-75, also
being out of a 58.95 acre tract owned by Timothy J. Crowley as recorded in Volume 5440,
Page 147 of the Brazos County Official Records(B.C.O.R.),the 0.3425 acres tract being
more particularly described as follows:
BEGINNING at a 1/2"iron rod found for the west corner of this tract, also being the north
corner of the Norma Hagler tract of land as recorded in Volume 265, Page 539 of the
Brazos County Deed Records (B.C.D.R.), also being a point on the southeast right-of-way
line of the new existing State Highway 40, called Greens Prairie Road, a variable width
right-of-way;
THENCE North 41°11'59"East, a distance of 43.04 feet along the common line between
this tract and said right-of-way line of State Highway 40 to a point for corner;
THENCE across said 58.95 acre tract for the following calls:
South 30°38'08" East, a distance of 74.46 feet to a point for corner;
South 48°39'27"East, a distance of 369.54 feet to a point for corner;
North 58°08'45"East, a distance of 250.15 feet to a point for corner;
South 31°51'15"East, a distance of 20.00 feet to a point for corner;
South 58°08'45" West, a distance of 265.00 feet to a point for corner, also being a point on
the west line of said Hagler tract;
THENCE North 48°39'27" West, a distance of 455.09 feet along the common line between
this tract and said Hagler tract to the PLACE OF BEGINNING containing 14,920 square
feet or 0.3425 acres.
The basis of this survey are iron rods found in the right-of-way of Greens Prairie Road, as
recorded on the previous survey, as recorded in Volume 5440, Page 147 of the Official
Records of Brazos County. •
40, dF * (e.:t R.,
4 DANTE CARLONIA;?NC ►,
" 1 562 �r ,/
Dante Carlomagno Texas Registered Professional N �:�t s s . ' i
Land Surveyor No. 1562 u %4 ;�- '
03400-Perm-Sewer-Esmt.doc; 12-01-2003 " -
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