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Home My WebLink About2016V12749P97QQC Bk Vol PgQ123347S OR 1.2749 9' NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU 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 SECUMTY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. TEMPORARY BLANKET UTILITY EASEMENT wef\ . -7^DATE: >^t/A€^ ^ _, 2015 GRANTOR: CAPSTONE - CS, LLC, an Alabama limited liability company GRANTOR'S MAILING ADDRESS: 431 Office Park Drive (including County) Jefferson County Birmingham, Alabama 35223 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 24.523 acres of land, more or less, lying and being situated in the Crawford Bumett League, Abstract No. 7, College Station, Brazos County, Texas; said tract being a portion of the remainder of a called 120.76 acre tract as described by a deed to Capstone-CS, LLC recorded in Volume 8900, Page 148, of the Official Records ofBrazos County, Texas; said 24.523 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. Page 1 0:\5 EASEMENTS\Capstone - CS, LLC\24.523 acres\Temporary Blanket Utility Easement 05-13-20 IS.docs Doc^ B[i Vol p3^473 QR 12749 ' 9g ESTATE GRANTED: 1. GRANTOR grants to GRANTEE an undefined or "blanket" easement for various utilities, to be restricted hereafter to the as-built 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, vaults, 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 vehicular 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 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. Page 2 0:\S EASEMENTS\Capsfone - CS, LLC\24.523 acres\Temporary Blanket Utility Easement OS-13-2015.docx Doc Bk MoliTi 7^3473 OR 12749 i-'s l?9 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. CAPSTONE-CS,LLC, an Alabama limited liability company By: CAPSTONE DEVELOPMENT CORP., an Alabama corporation, Sole Member ROB ROWLAND, Chief operating Officer CONSENT AND SUBORDINATION BY LIENHOLDER Llenholder, as the holder of liens(s) on the fee simple title to the Property, consents to the above grant of an easement, including the terms and conditions of such grant, and Lienholder subordinates its Hen(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. CADENCE BANK, N.A. BY: Printed Name: Title: Vi'^ 1 APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. Page 3 0:\5 EASEMENTS\Capstone - CS, LLC\24.523 acres\Temporary Blanket Utility Easement 05~l3-20J5.docx Dac Bk yal Pa THE STATE OF ALABAMA COUNTY OF JEFFERSON ACKNOWLEDGMENT r^ TiThis instrument was acknowledged before me on this 0 day of , 2015, by ROB ROWLAND, Chief Operating Officer of CAPSTONE DEVELOPMENT CORP., an Alabama corporation, Sole Member of CAPSTONE - CS, LLC, an Alabama limited liability company, on behalf of said CAPSTONE - CS, LLC, an Alabama limited liability company. tSN^^ rn^Notary Public in andU6r the State of Alabama :c. THE STATE OF COUNTY OF Jefferson ACKNOWLEDGMENT day of Tujne _, 2015,This instrument was acknowledged before me on this by b60 KaTPCles (printed name), VTce President- Ctitle) of CADENCE BANKf, N.A. on behalf of said CADENCE BANK, N.A. N^ary Public in and for the State of MY COMMISSION EXPIRESMAY 16,201S PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842-9960 AFTER RECORDING, RETURN TO: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842-9960 Page 4 0:15 EASEMENTS\Caps(one - CS, LLC\24.523 acres\Temporary Blanket UtfUly Easement 05'J3-20S5.docx EXHIBIT A &ac Bk yol Ps01233478 OR 12749 ID METES AND BOUNDS DESCRIPTION OF A24.523 ACRE TRACT CRAWPORD BVRNETT LEAGUE, A-7 COLLEGE STATION* BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCfiIPTJON OF ALL THAT CERTAIN TRACT OR PARCEL OP LANDLYING AND BEING SITUATED IN THE CRAWFORTt BUiySTETT LEAGUE, ABSTRACT NO. 7, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID T.RACT BEING A PORTION OF THB REMAINDER OP ACALLED 120.76 ACRE TRACT AS DESCRIBED BY A DEED TO CAPSTONE-CS, LLC RECORDED IN VOLUME 8900, PAGE 148 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTy, TEXAS. SAID TRACT BEmG MOSE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGBSNNGATA 1/2 INCH IRON RODPOlMDONTHBNORTHWESTLmEOFNORTHDOWUNOROAD (VARIABLE WIDTH R.O,W.) MAKKJNG A SOUTHERLY COKNER OP SAID REMAINDER. OF 120.76 ACRE TRACT AND THE SOUTHEAST CORNER OF LOT 2R, BLOCK 2, THE COTTAGES OF COLLEGE STATION.PHASE1, ACCORDING TO THEPLATRECOKDEDmVOLUME11391,PAGE129 OP THE OFFICIALPUBUC RECORDS OP BRAZOS COUNTY, TEXAS: THENCE: ALONG THE COMMON LR^E OF SAID REMAINDER OF 120.76 ACRE TRACT AND SAID LOT2RFOR THE FOLLOWING CALLS: N 00° 00- 09" W FOR A DISTANCE OF 3013.66 FEET TO A 3/2 3NCHIRON ROD FOUM5; N 14° 59' 07" E FOR A DISTANCE OP 235 A2 FEET TO A 1/2 INCH IRON XOD FOUND; N 51° 30' 03" W FOR A DISTANCE OF 40.03 EEET TO THE PLATTED END OF JUNCTION BOYS ROAD(&0'R.O.W.); THENCE: N 38° 29' 57" E ACROSS THE END OF SAID RIGHT-OF-WAY FOR A DISTANCE OP 60.001PEBTTOTHE EASTERLY LINE OF JUNCTION BOYS ROAD; THBNCE: ALONG THEEASTERLY LINE OP JUNCTION BOYS ROAD, THE SOUTHEASTERLY LINE OF MARKET STREET (60' R.O.W.) AND THE SOUTHERLY LINB OP HOLLEMAN DRIVE (80' R.O,W.) yOR THEFOLLOWING CALLS: N51° 30* 03" W FOR A DISTANCE OF 28.13 EEET TO AN "X" SET IN CONCRETE MARKING THEBEGINNING OP A COUNTERCLOCKWISB CURVE HAVING A RADIUS OF 252.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20° 46' 40" PORAN ARC DISTANCE OF 91.38 FEET (CHORD BBARS: N 13° 37 58" E - 90.89 FEET) TO AN "X" SBT TEST CONCRETEMARKING THE END OP SAID CURVE; N 03° 14' 38"E FOR A DISTANCE OF 125.45 PBBT TO AN 1>X" SBT IN CONCKETE; N 29° 25' 58" E FOR A DISTANCE OF 31.20 FEET TO AN "X" SET IN CONCRETE ON THE SOUTHEAST LINE OF MARKET STREET MARKINO THE BEGINNING OP A COUNTERCLOCK'WISE CURVE HAVING ARADIUS OF 230.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGl£ OF 40° 43' 09" FOR AN ARC DISTANCE OF 163.46 FBET (CHORD BEARS: N 53° 14" 09" E - 160.04 ?ET) TO AN "X" SET IN CONCRBTEMARKING THE END OF SAID CURVE; EXHIBIT A .Doc Bk Vol Ps0123^473 OR 12749 102 N 32° 52' 35" E FOR ADISTANCB OF 45.90 FEET TO AN "X" SET IN CONCKETE; N 71° 08' 58" B FQR.ADISTANCB OF 28.48 FEET TO AN "X" SET IN CONCRETE ON THE SOUTHLINE OF HOLLBMAtSTDRIVE MARKING THE BBGINNING OF A COUNTERCLOCKWISE CURVB HAVING AKADIUS OF 840.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OP 28° 32' 57" FOR AN ARC DISTANCE OP 418.55 FEET (CHOKD BEARS: S 86° 39' 50" E - 414.24 FEET) TO AN "X" SET IN CONCRETEMARKHSTG THE END OF SAID CURVE; N 79° 03) 42" E FOR A DISTANCE OF 94.53 FBET TO AN "X" SET IN CONCRETE; S 55° 56r 18" E FORADISTANCE OF 35.36 FEET; N 79° 03' 42<> E POR A DISTANCE OP 80.00 FBET TO THE WEST LINE OF THE REMAINDER OP A CALLED 10.7466 ACRE TRACT AS DESCRfflED BY ADEED TO THE CTTYOP COLLEGE STA'nONRECORDED IN VOLUME 6950, PAGE 42 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE; S 10° 56' 18"EALONG THE COMMONLINE OF SAID REMAINDER OF U0.76AGE<ETRACT AND SAFD REMAINDER OF 10.7466 ACRE TRACT FORADISTANCE OF 397.92 PBET TO A 5/8 INCHIRONRODFOUND ONTHE COMMONLY® OF SAroEE^lAI^^)ER OP 120.76 ACRE TRACT AND TEffiJE^^EAINDER OF A CALLED 5.000 ACRB TRACT AS DESCRIBED BY A DEED TO THE CITY OP COLLEGE STATION RECOKDED IN VOLUME 8222, PAGE 226 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS, MARKING THE BBGINNING OF A CLOCKWISE CURVE HAVING ARADIUS OP 575.00 FEET; TBENCE: ALONG THE COMMON LINE OF SAID REMAINDER OF 120.76 ACRE TRACT AND SAID REMAINDER OF 5.000 ACRE TRACT AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OP 32° 27' 42" FOR AN ARC DISTANCE OF 325.77 EEET (CHORD BEARS: S 05° 17* 33" W " 32L43 PEET) TO A 5/8 INCH IRON ROD POUND ON THE NORTHWEST LIMB OF NORTH DOWLING ROAD MARKING THE SOUTH CORNER OF SAID REMAINTOER OF 5.000 ACRE TRACT; THENCE: ALONG TEES NORTHWEST LINE OF NORTHDOWUNG ROAD FOR THE FOLLOWING CALLS: S 43° 01' 08" W FOR A DISTANCE OF 94.15 FEET TO A 5/8 INCH IRCW ROD FOUND; S 43° 01' 39" W FOR ADISTANCE OF 1261.97 FEET TO A 1/2 INCH IRON ROD POUND; S62°17105"WPORADISTANCEOF3.93FEET TO THE POINT OF BEGINNINC CONTAINING 24.523 ACRES OF LAHD» MOJGtE OR LESS, AS SURVEYED ON THE GROUND FEBRUARY 2014. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM: GPSOBSERVATION. BRADKERR REGISTERED PROFESSIONALLANDS^m^YORNou4502AU \VJ^^a^^D:\work\14-086^mb" "'" ^\ ^T^^^^, 'ooaaosttoao^iieofloixKxi^.Etau^8RAO KEE-tR ^1 (iti^fluvoo fx.ttOfraooyo3u.fA*,^ 4508 ^^4^1;SUaF% EXHIBIT A Doc012334';Bh VolOR 12749 103 fuw'MSL"w'SCALE:: HT5- 1W KM' )^I^^^^^^^^SSs'^SS£^=-'s A»B_cHBronvtouupswia tisstxrcn MU fiCnEsM IKE !SW» 'SCSVW JUiB SMS WHS •H ffiS UFFB!SECTONL (WftflrtCS UW CtUNCC UPM' bffStttWnOH OF S£tL.LB (.11SEL1Iu+' LZ3t2) L23124w LS7 \33LS>LML32U3U4 sssa.s swsr £ S S.VSSW «< imru' «f•i'WWl?1 MTSMS'WWSS'"BTUWwaf<rjfyyw Wiras'VWS1W E^ ftiw&y< im'sr (B'H'Si'< WIS'SB'L2S212Li ts-tt'a-wwsr wOt-ZS'H- Ei^niraa-'w'< 3"'-'Ja' E -ar4i'.3s- tfem'sv v KSBHCESS.M H.JS^ l£sSr'iWHSI'W3fKU»'St?">.sr~IK^fxi.oriCjOQ" 1B.1TV3.Wll.H>- 55.85-ra.ufSsfU43r ^21_yif EL w C7~s~ fSigmRESF ssjr[3£JEWwns'nisf ®IZSjE. a^Mtfa xai.HVISiru-ia-BES:sss.'^s IrsKf.ro(^ hHO BErfC^sni5iT~wu&'5~traW? UIW^i?5?53arissV !tnc tESsvT i^ s^r ALTA/AGSM UWD Tfn-E SURVEY PLATOF A32.4S3 ACRE TRACT (TRACT OHE}A 24.525 ACRE TRACT (TRACT THREE)A 16.879 ACRE TRACT fTRACT FOUfi)ANDLOT 1. BLOCK 3 (TRACT TWO)THE COTTAGES OF COLLEGE STATIONSUBDIVISfON, PHASE 1VOLUME 1011S, PAGE 231CRAWFORD BURNEJT LEAGUE, A-7.COLLEGE STATION. BRAZOS GOUNTV. TEXAS 3C! SWL& 1, MCH «• IM FECTSUWEf OAIB 02-20-1^FLAT GATE; 02-20-14itOB HWeSS: H-08SCAO HMja 14-086CltS FILS TLS (cant); 1+-OB8 Oab) pREpAnen gr: KQHt summm. LLC~W"H. TOWS AVKtS"""9MM, WS 77803PWWE (979) 2SS-31SS Doc Bk Val Ps0123347S OR 12749 104 Filed for Recopd?03 COUHTY On E Jun 12?3015 at As aRe':Qr(iin33 Qocuiiienfe Husbers touiit ins 03 s 51 P 01233473 44J10 Receipt Hufaber - 546951 By?^hlie FsteE-s~6Q9fi!Q!i STATE OF TEXAS COUNTY OF BRAZOSI hereby certify Umt i;his i^fcruaienfc yds filed on the date and Use stcsped hereon by ^e 9.^ ws duly r^cofdefi in the voludi" add pQ-ae of the Official Public record o-^ gRAZQS COUNTY as sfcflfiiped hsrson by se. -iijR 12?2015 Koren HcSueanF Bf'azos County Clefk8RA2QS CQUHTY