Loading...
HomeMy WebLinkAbout1984V696P310 302514 JOINT UTILITY EASEMENT (Specific Property) WELLBORN WATER SUPPLY CORP. AND e24 017 ' n CITY OF COLLEGE STATION J' 2G Fi 3: 22 • Er/ TLC.1q STATE OF TEXAS * g•`� KNOW ALL MEN BY THESE PRESENTS : COUNTY OF BRAZOS * THAT, WELLBORN ROAD, LTD. , GRANTOR, a Texas Corporation, of the County of Brazos, State of Texas, for and in consideration of the payment of TEN AND NO/100 DOLLARS, cash, and other good and valuable consideration, in hand paid to GRANTOR by the City of College Station, Texas, the receipt of which is hereby acknowledged, HAS GRANTED, SOLD, AND CONVEYED and by these presents does GRANT, SELL , and CONVEY unto the said City of College Station, a Texas Municipal Corporation, certain rights and interests in the nature of a perpetual EASEMENT and RIGHT-OF-WAY on and through the following described property: TRACT I : All that certain 159. 657 acre tract or parcel of land lying and being situated in the ROBERT STEVENSON SURVEY, Abstract No. 54, in Brazos County, Texas, and being all of that tract of land listed as Tract 1 and called 159 .43 acres conveyed to Lieven J. Van Riet, Trustee by Harold E. Redmond, et ux by deed recorded in Volume 331, page 39, of the Deed Records of Brazos County, Texas, and being morearticular) described by metes and bounds in Exhibit p d hereto and made a part hereof for all purposes ; attache TRACT II : All that certain 132 . 508 acre tract or parcel of land lying and being situated in the CRAWFORD BURNETT LEAGUE, Abstract No. 7 in Brazos County, Texas, and being all of the tract called 36 . 957 acres conveyed to Lieven J. Van Riet, Trustee b Trustee by deed recorded in Volume 327 , pagg Hoegem627, an, and being all of the tract called 94. 774acres of land conveyed to Lieven J. Van Riet, Trustee by by deed recorded in Volume 327peand H be Turner of that tract of land called�0. 73acing re6 andlisttedaas Tract 2 as conveyed to Lieven J. Van Riet, Harold E. Redmond, et ux bydeed din Vol by ume 331, page 39, of the Deed Recordsrecorded ofBrrazos County, Texas, and being more particularly described b and bounds in Exhibit "A" attached hereto and y metesa part hereof for all purposes. made a 6 9 /2 ,) u � ' /e /0 / 40 4CJR tr 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 "Easement Area" , and any additional area outside the easement area necessary to install and attach all equipment and facilities 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: Underground public utilities, including water and sewer Provided however, it is expressly agreed and understood that the public utilities to be placed within this easement are to be placed underground. In addition to the easement, rights, ana privileges herein conveyed, the Grantee shall have the right to locate necessary surface facilities incident to maintaining the underground utilities, provided however, the location of such surface facilities are to be mutually agreeable to the Grantor and the Grantee will reasonably accommodate the use of the surface by the Grantor in locating or relocating such incidental surface facilities . It is expressly understood and agreed that the Grantee may come only upon, over and across said property as herein described and any ways, streets, roads, or alleys abutting same, and may 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. r.; rnn. rt,!7k< j 4� -2- Grantors expressly subordinate all rights of surface use incident to the mineral estate to the above described uses of said surface by Grantee. It is expressly understood that the Grantors or future Owners of this property reserve the right to use this 15 ' EASEMENT for all purposes which do not interfere with and prevent its use by Grantee, including without limitation, the use and construction of streets, roadways, driveways, alleys, parking lots, paving, curbs, lawns, and other like uses, on, over, and across this EASEMENT. Grantee shall replace and restore any damage done by the Grantee to the above described items constructed or used by the Grantors . Also, this EASEMENT may be used by the Grantors or future Owners of this property as a "Greenbelt" strip to comply with the City ordinances for such "Greenbelts" . The easement, rights, and privileges herein granted shall be perpetual and GRANTOR does hereby bind itself, its 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. Should the Grantee fail to perform any covenant, undertaking, or obligation arising hereunder, all rights and privileges granted hereby shall terminate, and this agreement shall be of no further force or effect. EXECUTED this lc, day of 1984. WELLS RN RO D, L 4 BY: MORRIS F. HAMILTON, JR. I/ Approved as to Form. This General Partner document may not be changed without re-submission for approval -3- . i. State of Texas County of Brazos This instrument was acknowledged before me on the 15th day of June, 1984, by Morris F. Hamilton, Jr. , General Partner, of Wellborn, Ltd. , a Limited Partnership, on behalf of said partnership. 41111 40, Carol S. Ford Notary Public, State of Texas c):14.", .\‘;•., My commission expires 9/22/84 1. -A.F= r�i! 5J'3p, ',!-09 EXHIBIT A WELLBORN ROAD LTD. TRACT 1 Being a strip of land 20 feet wide for a permanent public utility easement situated in the Crawford Burnett League, Abstract 7, in Brazos County, Texas, being part of a 94.77 acre tract conveyed to Wellborn Road Ltd. by deed recorded in Volume 636, Page 680 of the Deed Records of Brazos County, Texas, and the centerline of said 20-foot easement being more fully described as follows: BEGIN at a point in the northeast right-of-way line of State Highway FM 2154 and in the northern right-of-way line of a county road, said n( point being in the south fence corner of said 94.77 acre tract; /j((1, thence northeasterly 10.0 feet along said county road right-of-way line to the point of beginning ,on the centerline of this description. qbr THENCE N 47°02' W 1091.40 feet parallel with and 10.0 feet northeast of the northeast right-of-way line of FM 2154 to an angle point; THENCE N 24°32' W 27.44 feet to an angle point; THENCE N 47°02' W 10.0 feet parallel with and 20.5 feet northeast of the northeast right-of-way line of FM 2154 to a point on the centerline of an existing 20-foot permanent utility easement conveyed to the City of College Station, Texas by deed recorded in Volume 528, Page 466, of the Deed Records of Brazos County, Texas, and the end of this easement. TRACT 2 Being a strip of land 20 feet wide for a permanent public utility easement situated in the Robert Stevenson Survey, Abstract 54, in Brazos County, Texas, being a part of a 159.43 acre tract conveyed to Wellborn Road Ltd. by deed recorded in Volume 636, Page 680, of the Deed Records of Brazos County, Texas, and the centerline of said 20-foot easement being more fully described as follows: BEGIN at a point in the northeast right-of-way line of State Highway FM 2154 and the southern right-of-way line of a county road, said O1/point also being the most westerly fence corner of the remaining portion of a 1.25 acre tract conveyed to Herb L. Fedora by deed I� recorded in Volume 227, Page 500 of the Deed Records of Brazos li Texas; Thence southeast 257 feet, more or less, along the northeast r,j1 (, right-of-way line of FM 2154 to the called common corner of said 1.25 acre tract and said 159.43 acre tract; Thence northeasterly 10.0 feet along said common property line to the point of beginning on centerline of this description; THENCE S 47°02' E 1775 feet parallel with and 10 feet northeast of ,the northeast right-of-way line of FM 2154 to a point for beginning on a curve to the right; THENCE continuing 10 feet from the existing 46.,41140- S'rver of-way in a southeasterly direction along a in the most southerly property line of said ii,L4DC ,V.e7), ,u the end of this easement; said point also b S of an iron rod in said FM 2154 right-of-way (5 � *5/",, called the southern corner of said 159.43 ac o�c,��.4 o� pN Ltgyc.eS An additional easement for construction purp a /� both tracts from the date hereon until ��?�� said construction easement being a 50-footpw ,4444°(-41' the southwesterly line of said construction I 'g - with the northeasterly right-of-way line of6`n!d �� /Ytp'�C�c�D 5-141.01 • b� No f' Joco--'li 6/a��agy - p • ,yi i I