HomeMy WebLinkAbout04-23-87-15 - Resolution - 04/23/1987RESOLUTION NO.
04-23-87-15
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN FASEMENT
TO THE FAIRVIEW-SMETANA WATER SUPPLY CORPORATION.
WHEREAS, on the 21st day of June, 1985, the City entered
into a 25-year aareement with General Telephone Company of
the Southwest for the lease of a 0.13 acre tract of land in
the Thomas Webb Survey, Abstract 240; add
WHEREAS, General Telephone Company of the Southwest has
reauested the City execute an easement to the Fairview-
Smetana Water Supply Corporation for the placement of a
water meter and water line on said leased property; and
WHEREAS, on the 23rd day of April, 1987, the City Council
met in its regular meetin~ and considered the proposed
easement to the Fairview-Smetana Water Supply Corporation;
and
WHEREAS, the City of Co]]eae Station City Council has de-
termined that the ~rantina of the easement would be in the
best interest of the City;
NOW, THEREFORE, BE IT RESOLVED By the City Council of the
City of College Station that the ~avor is hereby authorized
to execute the easement attached hereto to the Fairview-
Smetana Water Supply Corporation.
PASSED and APPROVED this 23rd day of April, 1987.
APPROVED:
C~ty Se '~
06158
UTILITY EASEMENT
(Specific Property)
STATE OF TEXAS )
)
COUNTY OF BRAZOS )
KNOW ALL MEN BY THESE PRESENTS:
That, CITY OF COLLEGE STATION, TEXAS, GRANTOR, of the County of
Brazos, State of Texas, for and in consideration of the payment
of TEN and NO/100 DOLLARS, and other good and valuable
consideration, in hand paid to GRANTOR by the FAIRVIEW-SMETANA
WATER SUPPLY CORP., the receipt of which is hereby acknowledged,
has GRANTED, SOLD and CONVEYED and by these presents does GRANT,
SELL, and CONVEY unto the said FAIRVIEW-SMETANA WATER SUPPLY
CORP., a Texas Corporation, certain rights and interests in the
nature of a perpetual EASEMENT on and through the following
described property:
A portion of that certain L~act or parcel of land
containing 7.07 acres out of the THOMAS WEBB SUR-
VEY, Abstract #240 Brazos County, State of Texas,
said tract being more particularly described in a
Deed from Margaret Higgs Stevens to the City of
College Station recorded in Volume 417 at Page 712
of the Deed Records, Brazos County, Texas;
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 course, width, and
centerline on the attached Exhibit "A", known as the "Easament
Area', and any additional area outside the easement area neces-
sary 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:
Water lines, connecting lines, access facilities, and
related equipment;
upon, over, and across said property as herein 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 is
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 upon request.
It is expressly understood that the GRANTOR 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.
- 1 - ~06159
This eaesment will run concurrently with the lease on said
property dated from June 1, 1985 to June 1, 2010.
TO HAVE AND TO HOLD the rights and interests herein described
unto the FAIRVIEW-SMETANA WATER SUPPLY CORP., 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 FAIRVIEW-SMETANA
WATER SUPPLY CORP., and its successors and assigns, against every
person whomsoever lawfully claiming, or to claim same, or any
part thereof.
, 1987.
CITY OF COLLEGE STATION
Lai'%'~] R~Ma~
STATE OF TEXAS )
) CORPORATE ACKNOWLEDGMENT
COUNTY OF BRAZOS )
This .~_ strument was ackno~dged before me on the~ 7--/~day of
_ ~,f'~D~.,~F. , 19 ~'/, by Larry Ringer as Mayor of the
dity ~f College Station, on behalf of said municipality.
otary Putrid/in and for
Printed Name: /,~ ~gWJ~J
My Corem · Exp. '~ ~%~_A~ 3~.. / ~f~
/
- 2 -
06160
City of College Station
3' Wide Water Meter Easement
GTE Creekside Remote Switching Unit
Thomas Webb Survey, A-240
Brazos County, Texas
Field notes of a 3 foot wide water meter easement, lying and being
situated in the Thomas Webb Survey, Abstract No. 240, Brazos County, Texas,
being part of the 7.07 acre tract described in the deed from Margaret Higgs
Stevens to the City of College Station, recorded in Volume 417, Page 712,
of the Deed Records of Brazos County, Texas, and said easement being 3 feet
wide, parallel with, adjoining and lying 3 feet northwest of the following
described southeast line:
COMMENCING at the 1/2" iron rod set at.the west corner of the before-
mentioned 7.07 acre tract, said iron rod being in the northeast right-of-way
line of Farm-to-Market Road No. 1687;
THENCE S 67° 10' 43" E along the northeast right-of-way line of the
beforementioned Fa.mm-to-Market Road No. 1687, at a distance of 79.14 feet,
pass the wes. t corner of this easement, continue dn for a total distance of
82.38 feet to a 1/2" iron rod at the PLACE OF BEGINNING of this description,
same being the south corner of a 0.13 acre lease tract to GTE, and same
being the south corner of this easement;
THENCE N 44° 54' 51" E along the southeast line of the before-
mentioned 0.13 acre tract, same being parallel with the northwest line of
the beforementioned 7.07 acre tract, for a distance of 6.00 feet to the
end of this easement, from which a 1/2" iron rod at the east corner of the
0.13 acre tract bears 69.55 feet. .
Prepared March, 1987 ,
~.~.¢~~.$' S. M Kling ~
C,~ 8t)l~ Registered Public Surveyor No. 2003
Revised March 31, 1987
Exhibit "A"
KLING ENGINEERING AND SURVEYING