HomeMy WebLinkAbout2017V14265P162NOTICE OF CONFmENTIALITY RIGHTS: IF YOU l'im
ARE A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY
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: -4 ^-M ^T ,2017
GRANTOR: BCS TURKEY CREEK, L.P., a Texas limited partnership
GRANTOR'S MAILING ADDRESS: 7904 N. Sam Houston Parkway West, 4th Floor
(including County) Harris County
Houston, Texas 77064
GRANTEE: CITY OF COLLEGE STATION, TEXAS
GRANTEE'S MAILING ADDRESS: P. 0. Box 9960
(including County) 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 17.788 acres of land, more or less,
lying and being situated in the JOHN H. JONES LEAGUE, Abstract No. 26 and
the JOHN J. JONES SURVEY, Abstract No. 148 in Brazos County, Texas and
being all of the called 1.190 acre tract described in the deed from W. D. Burkhalter
and wife, Clara Elizabeth Burkhalter to Walter E. Giimore and Emma H. Gilmore,
recorded in Volume 199, Page 475, ofthe Deed Records ofBrazos County, Texas,
all of the called 1.717 acre tract described in the deed from Clara E. Burkhalter, et
al to Walter E. Gllmore, recorded in Volume 221, Page 451, of the Deed Records
A17-Q00654 0:\5 EASEMENTS\BCS Twkey Creek LPMemporaiy Bhnket Utii'tty Sasemenl - 05-05-2017.docx Page 1
ofBrazos County, Texas, and all of the called 15.013 acre tract described in the
deed from the Veterans' Land Board of the State of Texas to Walter E. Giimore,
recorded in Volume 559, Page 215, ofthe Deed Records ofBrazos County, Texas;
said 17.788 acre tract being more particularly described by metes and bounds and
shown on plat marked EXHIBIT A attached hereto and made a part hereof for all
intents and purposes.
ESTATE GRANTED:
1. GRANTOR grants to GRANTEE an undefined or "blanket" easement for various
utilities, to be restricted hereafter to the as-bullt 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, improve
and remove all utility facilities, including conduits, duct lines, vauits, fittings,
appliances and equipment, upon, over, across and/or under the above-described
property.
RESERVATIONS AND RESTRICTIONS:
1. This conveyance is only for 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.
2. GRANTEE covenants and agrees to interfere as little as possible with the normal
flow of vehicuiar 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 all necessary utility services,
equipment, and facilities as determined by GRANTEE. The "As Built" survey or
A 17-000654 0:15 EASEMENTS\BCS Twksy Creek LP\Temporaiy Blanket Utility Easement - 05-65-2017.doc^ Page 2
Unc:ou";o OR
plat shall delineate all proposed permanent easement areas to enable GRANTEE to
maintain, repair, rebuild, and operate the equipment and perform all other activities
described in paragraph 2 above, and GRANTOR or its successors shall thereafter
execute an instrument in recordable form perfecting the rights existing hereunder
in and to the "As Built" area.
5. GRANTOR warrants the rights and interests herein described unto the GRANTEE,
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 GRANTEE, and its successors and assigns, against every
person whomsoever lawfully claiming, or to claim same, or any part thereof.
BCS TURKEY CREEK, L.P,
A Texas limited partnership
BY:BCS TURKEY CREEK GP, L.L.C.
A Texas limited liability company
Its General Partner
BY:
APPROVED AS TO FORM.
THIS DOCUMENT MAY NOT
BE CHANGED WITHOUT
RE-SUBMISSION FOR APPROVAL
City Attorney
A] 7-000654 0:\5 E/iSEMEWS\RCS Turkey Creek LP\Temporaiy Blanket Ufility Easemew - 05-OS-20!7.docx Page 3
n 1.30^9^9
THE STATE OF TEXAS
COUNTY OF
ACKNOWLEDGMENT
This instrument was acknowledged before me on this t^\ day of _'"S~a<
2017, by e^EM-GAfcBWBbL, President and Manager ofBCS TURKEY CREEK'GP, L.L.C.,
a Texas/Timited liability company, General Partner of BCS TURKEY CREEK, L.P., a Texas
limite^partnership, on behalf of said BCS TURKEY CREEK, L.P., a Texas limited partnership.
•c^
1M£}Notary Public in and for the State of Texas
COLLEEN08ANIONNotary ID <112513984ttMyCommtttlonExplnt
Sepltfflbw 14.2019
A17-000654 0:\5 EASWEH7S\BCS Turkey Creek LP'\Temporaiy Blanket Ufilil}' Easemenf - 05-05-20l7.docx Page 4
0 i.^089^9 1!^
CONSENT AND SUBORDINATION BY UENHOLDER
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 Ilen(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.
CHARLES GILMORE
THE STATE OF TEXAS
COUNTY OF ACKNOWLEDGMENT
This instrument was acknowledged before me on this i _^ day of
2017, by WILLIAM CHARLES GILMORE
JOSHUA JOHNSON
Notary PuMte* State of Texas
Notary (0 #13038762-3
My Commission _ExpirttB P&-2?-2019^
^
Af?-OD(!65'f 0:\5EASEMBN7^\BCSrm-key Creek LP\rempaiwyBlwikcl Utility Ewwieni-05'05-20S7.docx Page 5
Bk V';l i:"
OR U?6i.' '
CONSENT Al^D 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.
, \^AJ^J laWALTER EDGAR GILM
THE STATE OF NEW MEXICO
COUNTY OF ^/W^ 5^^
ACKNOWLEDGMENT
This instrument was acknowledged before me on this
2017, by WALTER EDGAR GILMORE, II.
^day of r_)uu
.\^\'^tL"<t.^yoDf%,
^''^OTA^'^
< ^*: ^^0-0 : ;
^\ ^L/BU°/-°?
''^•^-.:'^y'^•OF^:y
/'/nnn^t1
/I^J^C
Notary Public in and for the State of New Mexico
A 17-000654 0:}5 EASEMEi^TS\BCS Turkey Creek LP\Tempormy Blanket Ufiiity Easement - 05-05-2017.docx Page 6
Ui'iC J^K V
01^C^9.'i9 QR 1,4.':
CONSENT AND SUBORDINATION BY LIENHOLDER
Lienholder, as the holder ofliens(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.
PETER LEE GILMORE
THE STATE OF TEXAS
COUNTY OF BELL
ACKNOWLEDGMENT
This instrument was acknowledged before me on this / / day of
2017, by PETER LEE GILMORE
Notary public in and for the State offtxas
ANGELINAARROYO
Notary ID#l31114480
My Commission Expires
May 3,2021
A17-000654 0:\5EASE]l^ENTS\BCSTufkey Creek LP\TempoiwyBlanhef Utility Easement-05-05-20} 7.docx Page?
Doc Bi< V;?.01^0^9 OS U3&^
CONSENT AND SUBORDmAHON 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.
kt4z ^.^AAM ^-^
EDITH ANN GILMORE
'QL^^sO rA..^\^E'OF' ~~ ^"^ ^-<5>v^vl^1<0^THE 8^§COUNTY OF \^j^^\v^yv\ §
ACKNOWLEDGMENT
L'
This instrument was acknowledged before me on this S?6tWay of
2017, by EDITH ANN GILMORE
/z <;
^.,1"««1^/fw^\^'^v </ \ f/^_ ^OK <1\. I ^ ? % <S^^ ^\^S^9'
Y^MB^^%»«Hm't«^'
..;.^^'
PREPARED IN THE OFFICE OF:
City of College Station
Legal Department
P.O:'B,Qx9960
College Station, TX 77842-9960
^A.^- Q^-^^wNotary Public in and fcr the iStatc ofl> Q ^ ^ j/4 ^7 G^Ut^A3 ^
AFTER RECORDING, RETURN TO:
City of College Station
Legal Department
P.O. Box 9960
College Station, TX 77842-9960
A3 7-000654 0: \5 EASEMENTS\BCS Turkey Creek LP\Temporary Blanket Utility Easement - 05-05-2017.docx Page 8
EXHIBIT A „, ,„ „„, ^
FIELD NOTES
17.788 ACRES
Being all that certain tract or parcel of land lying and being situated in the JOHN H. JONES LEAGUE,
Abstract No. 26 and the JOHN H. JONES SURVEY, Abstract No, 148 in Brazos County, Texas and
being all of the called 1.190 acre tract described in the deed from W. D. Burlchalter and wife, Clara
Elizabeth Bm'khalter to Walter E. Gilmore and Emma H, Gtlmore recorded in Volume 199, Page 475 of
the Brazos County Deed Records (B.C.D.R..), all of the called 1.717 acre tract described in &e deed
from Clam E. Burichalter, et al to Walter E. Gihuore recorded in Volume 221, Page 451 (B.C.D.R.) and
all of the called 15.013 acre tract described in the deed from the Veterans' Land Board of the State of
Texas to Walter E. OJlmore recorded in Volume 559, Page 215 (B.C.D,R.) and being more particularly
described by metes and bounds as follows:
BEGINNING: at a found 4-inch. square concrete monument marking the north comer of the called
15.013 acre Gilmore tract (559/215), the east comer of the called 1.348 acre Junia Kinman tract
recorded in Volume 2461, Page 202 of tiie Official Records, Brazos County, Texas (O.R-B.C.) and
being in the southwest line of the 56.56 acre Block One, MEMORIAL CEMETERY OF COLLEGE
STATION according to the Final Plat recorded in Volume 8563, Page 210 (O.R.B.'C.);
THENCE; S 37° 03( 19" E (Deed Call S 34° 19' E - 293.4 vrs.) along the common line of the called
15.013 acre Gilmore tract and said MEMORIAL CEMETBRY OF COLLEGE STATION for a distance
of 813.96 feet to a found 4-inch square concrete monument marking the east comer of the called 15.013
acre Gihnore tract and an interior ell-comer in the before-mentioaed southwest line of the MEMORIAL
CEMETCRY OF COLLEGE STATION, said concrete monument also bemg m or near the common line
of the said JOHN H. JONES LEAGUE. A-26 and the said JOHN H. JONES SURVEY. A-148;
THENCE: S 41° 58' 41" W (Deed Call S 45° W) continuing along fhe said common line of fhe caUed
15.013 acre Gilmore tract and said MEMORIAL CEMETERY OF COLLEGE STATION, generally
along a wire fence in or near fhe common line offbe said JOHN H. JONES LEAGUE, A-26 and the said
JOHN H. JONES SURVEY, A-148 for a distance of 68.84 feet to a found 1/2-inch iron rod marking the
north comer of the called 1.190 acre Gilmore tract (199/475) and an angle point in the southwest line of
the said MEMORIAL CEMETERY OF COLLEGE STATION;
THENCE: S 48° 04145" E (Deed Call S 45° E - 253*) along the northeast line offhe called U90 acre
Gilmore tract and the southwest line of the said MEMO'RIAL CEMETERY OF COLLEGE STATION
for a distance of 253.64 feet to a. 1/2-inch iron rod set for comer m the monumented norfhwest line of
PM 60, commonly known as Raymond Stotser Parkway (right-of-way width varies), from whence a
found 1/2-incli iron rod beats N 56° 07' 06" E at a distance of 423.5 feet (chord bearing and distance) for
reference;
THENCE: 699.11 feet in a counter-clockwise direction along the arc of a curve in the said monumented
line ofF.M. 60, said curve having a central angle of 03° 28' 49", a radius of 11509.16 feet, a taagent of
349.66 feet and a long chord bearing S 53° 21' 51" W at a distance of 699.00 feet to a 1/2-inch iron rod
set for the south comea: offhe called 1.717 acre Gilmore tract (221/451), from whence a found broken
TxDOT right-of-way monument bears S 50° 43' 05" W at a distance of 351.5 feet (chord bearmg and
distance) for reference;
EXHIBIT A Uk
THENCE; N 48° 16' 06" W (Deed Call N45° W) along the southwest Jme of the caUed 1.717 acre
Gilmore tract for a distance of 116.00 feet to a found 4-inch square concrete monument at the base of an
old feace post marking the west corner of the called 1.717 acre GUmore tract and the south comer of the
called 15.013 acre Gilmore tract (559/215), said concrete lu.onument also being in the northeast right-of"
way line of FM 2513, commonly known as Turkey Creek Road (right-of-way width varies at this
location) and being in or near the common line of the said JOHN H. JONES LEAGUE, A-26 and the
said JOHN JEL JONES SURVEY, A-148;
THENCE: along the southwest line of the called. 15.013 acre Gilmore tract (559/215), said line being
common with northeast line of said FM 2513 right-of-way for fhe following four (4) caUs:
1) N 70° 34f 37" W (Deed Call N 67° 43) W - 24.1 vrs.) for a distance of 63.79 feet to a 1/2-inch
iron rod set for comer,
2) N 52° 54' 37" W (Deed Call N 50° 03' E " 26.2 vis.) for a distance of 72.78 feet to a 1/2-inch
iron rod set for comer,
3) N 52° 49' 37" W (Deed Call N 49° 58' W - 11.8 vrs.) for a distance of 32.78 feet to a 1/2-inch
iron rod set for comer and
4) N 37° 10' 37" W (Deed Call N 34° 19> W-232.4 vrs.) for a distance of 645.56 feet to a found 4-
inch square concrete m.onumeat marlcmg the west comer of tile called 15.013 acre Gilmoie tract
(559/215) and fhe soufh comer of the called 15.37 acre Junia Kmman remainder tract recorded in
Volume 263, Page 28 (B.C.D.R.):
THENCE; N41° 56' 05" E (Deed Call N 45° E - 296.3 vrs.) along the northwest line of the called
15.013 acre Gihnoie tcact» fhe called 15.37 acre Kiaman remainder tract and the before-mentioned 1.348
acre Kinman tract, adjacent to a wire fence, for a distance of 821.13 feet to fhe POINT OF BEGINNING
and containing 17.788 acres of land, more or less,
ORIGIN OF BEARING SYSTEM; Monuments found along the southwest line of the MEMORIAL
CBMETERY OF COLLEGE STATION recorded m Volume 8563, Page 210, having a record bearing of
S 37°03'19" E and is referenced to the Texas State Plaae Coordinate System, Central.
1, Kevm R. McClure, Registered Professional Land Surveyor No- 5650, State of Texas, do hereby certify
to the best of my knowledge^ information and belief, and in my professional opinion, that this survey is
true and correct and agrees with a survey made on the ground under my supe^%^a°n May 8,2012.
EXHIBIT A
l^=f^S^^F^^^^;jL-.=i"_:='=L'=:-^—.'=:=;.^
* 0 u-diiiiHHFliJllll?!;iji8tiijj?•t; TIi *< ^ I*IJHHJV.i t*i £ a v Vs i! i ii ii iilltisi'iiiiia i! ? I ;
USII jiii!liii }SSII I IIIJiiiiit1J ]siniiii'!i iiti;!
i'Qf~ K-K V()\ i-ym.^?39 OR KM; H^
Filsd for Record fsisSRAZQ3 COUNTY
Un; h'pp Xji^Ul/ "t. U.:>s:;it,fK
^SCOPO !fl3S
&(KU;?t3ut NusfaiT'r s 01308939
i^ouns 70.00
R?lre{pt ^usb^'- " -SU599
p•! I -,
P&ul i n@ T'7,?ll in
STAT^ OF TKXuS COiJNTY OF' ^^1
I h&rsfay csr.Ufy l;hat Uiis instfij^^nt ^a^
file" os; 5h?( dai^ ar'd ti*is it"ssped Iwrsasi E?'^ f,iL:s
cwi ^Q? it'jly cscordsd in th^ volume arid pase
oi' the Offidal Puf'i?.fi': recop"^ of?
?iRH^5 COU^'H
Us 3't-'l^-'^Q HSPSHii OLi ^P<
Sep lch2017
Kuren H!:'[|US^H? Bpftzos Coun1;^ ClsrkBRAZQS COUNTY