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08-22-91-4.10 - Resolution - 08/22/1991RESOLUTION NO. 8-22-91-4.10 A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHO- RIZING THE MAYOR OF THE CITY OF COLLEGE STATION TO EXE- CUTE A QUIT CLAIM DEED TO ABANDON A UTILITY EASEMENT LOCATED IN THE S.W. ROBERTSON SURVEY, ABSTRACT NO. 202, IN THE CITY OF COLLEGE STATION. WHEREAS, the City of College Station, received an exe- cuted utility easement from Young Brothers, Inc., dated July 15, 1991, located in the S.W. Robertson Survey, Abstract No. 202, in the City of College Station, more particularly described by metes and bounds in the attached Exhibit "A", and recorded in Volume 1296 Page 266 of the Deed Records of Brazos County, Texas; WHEREAS, Young Brothers, Inc., has determined the ne- cessity to relocate the easement and has provided the City of College Station with a duly executed and recordable utility easement to replace the easement dated July 15, 1991; WHEREAS, Young Brothers, Inc., has requested that the utility easement dated July 15, 1991, more particularly described in the attached Exhibit "A", be abandoned; WHEREAS, after hearing the request of Young Brothers, Inc., for abandonment, the City Council of the City of College Station finds that there are no utilities located in easement area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION That the Mayor is hereby authorized to execute on behalf of the City of College Station a Quit Claim Deed to Young Brothers, Inc., a Texas Corporation, abandoning a public utility easement located in the S.W. Robertson Survey, Abstract No. 202, more particularly described by metes and bounds in the attached Exhibit "A" and recorded in Volume 1296 Page 266 of the Deed Records of Brazos County, Texas. PASSED and APPROVED this 22nd day of August, 1991. ATTES: APPROVED: City Secretary UTILITY EASEMENT (Specific Property) STATE OF TEXAS ) ) COUNTY OF BRAZOS ) KNOW ALL MEN BY THESE PRESENTS:. That, YOUNG BROTHERS, INC., a Texas Corporation, GR~TOR, of the County of Brazos, State of Texas, for and in considera- tion of the payment of TEN and NO/lO0 DOLLARS, and other good and valuable consideration, in hand paid to GR~TOR 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, cer- tain rights and interests in the nature of a perpetual EASE- MENT on and through the following described property: Ail that certain tract or parcel of land lying and being situated in the S.W. Robertson Survey, Abstract No. 202, in College Station, Brazos County, Texas, being a part of that 1152.60 acre tract conveyed to Young Brothers, Inc., Contrac- tors, by deed recorded in Volume 1238, Page 179 of the Official Records of 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 "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 subsurfaces; 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 vegeta- tion on and in the easement area or on adjoining property of GRANTOR, which might interfere with or threaten the opera- tion and maintenance of any public utility equipment, acces- sories, 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 in- cident to the mineral estate to the above described uses of said surface by GRANTEE, and agrees to lender's subordina- tions 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 TO HAVE AND TO HOLD the rights and interests herein de- scribed unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, forever, and GRANTOR does hereby bind itself, its successors and assigns, to warrant and for- ever 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 claim- ing, or to claim same, or any part thereof. ¥OUN $, INC. A.~. BOYD, Vice-PF~sident APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. STATE OF TEXAS * , COUNTY OF BRAZOS * gORPORATE ACKNOWLEDGMENT This instrument was acknowledged before me on the /5 day of '~ ~! , 1991, by A.P. BOYD, as Vice-Pres-~--~dent of YOUNG BROTHERS, INC., a Texas Corporation, on behalf of said c~rporation. Notary Public an and for the State of T E X A S -2- 10' Utility Easement Young Brothers, Inc. and Pebble Creek Development Company Tracts S W. Robertson Survey A-202 College Stabon, Texas 11 Aprd 1991 All that certain tract or parcel of land lying and being situated In the S.W. Robertson Survey, Abstract No. 202, in College Station, Brazos County, Texas, being a part of that 1152.60 acre tract conveyed to Young Brothers, Inc., Contractors by deed recorded in Volume 1238, Page 179 o! the Official Records of Brazos County, Texas, being an easement ten feet (10') in width lying five feet (5') each side of the following described centerline: Commencing in the northeast line of Marsh Boulevard at the most southerly corner of Texas Centro~d Ranch section one addition to the City of College Station, Texas, according to plat of record in Volume 981, Page 221 of the Ofhcial Records of Brazos County, Texas. Thence along the northeast line o! Marsh Boulevard as follows: S 40' 33' 30" E - 226.11 feet to the beginning of a curve to the left (R=760'); Along the arc of said curve through a central angle of 5' 43' 43" to the Point of Beginning of this easement; Thence N 42' 07' 45" E - 2070.56 feet through the said Young Brothers, Inc. tracl, parallel to and 300' from the southeast line of the said Texas Centroid Ranch section one, to an angle point; Thence N 9' 19' 39" W - 395.41 feet continuing Ihrough the said Young Brothers, Inc. tract to an angle point; Thence N 80' 40' 21" E -, at 5' cross the southwest line of that 168.99 acre tract conveyed to Pebble Creek Development Company by deed recorded in Volume 1193, Page 672 of the Ofhcial Records of Brazos Counly, Texas, a total distance of 240.11 feet to the beginning ol a curve to the right, (R=420'); Thence continuing through lhe said Pebble Creek Development Company tract along the arc of said curve through a central angle of 7' 41' 17" to the end of sa~d curve; Thence N 88' 21' 38" E - 214.59' continuing through the said Pebble Creek Development Company tract to the beginning of a curve to the right (R=320'); Thence continuing through lhe said Pebble Creek Development Company tract along the arc of said curve through a central angle of 14' 22' 48' to the end of sa~d curve; Thence S 77' 15' 34" E - 186.40 feet conlinuing through the said Pebble Creek Development Company tract lo an angle point; Thence N 14' 34' 58" E - 153.79 feet continuing through the said Pebble Creek Development Company tract to the end of this easement.