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Home My WebLink About2014V12375P135NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON, YOUMAY REMOVE OR STRIKE ANY OR ALLOF THE FOLLOWING INFORMATIONFROM ANY INSTRUMENT THATTRANSFERS AN INTEREST IN REALPROPERTY BEFORE IT IS FILED FORRECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER ORYOUR DRIVER'S LICENSE NUMBER.TEMPORARY CONSTRUCTION EASEMENTDATE: November 13, 2014GRANTOR: BEN A. MATTHEWS and YVONNE D. MOLLGRANTOR'S MAILING ADDRESS: 2001 Amber Ridge Drive(including County) Brazos CountyCollege Station, Texas 77845GRANTEE: CITY OF COLLEGE STATION, TEXASGRANTEE'S MAILING ADDRESS: P. 0. Box 9960(including County) Brazos CountyCollege Station, Texas 77842CONSIDERATION: Ten Dollars ($10.00) and other goodand valuable consideration.PROPERTY:All of those certain tracts or parcels of land, being Part 1 - Northwest of PermanentEasement Part 1 containing 5118 square feet of land, more or less. Part 2 -Southeast of Permanent Easement Parts 1 and 2 containing 41,085 square feet(0.943 acres) of land, more or less, and Part 3 - North of Existing Sewer Easements,at Lined Channel containing 2000 square feet of land, more or less, all lying andbeing situated in the MORGAN RECTOR LEAGUE, Abstract No. 46, CollegePage 10:\i2 PROJECTS\Kee Creek faraifel Tnmk lAne Project Phase f!\Mathews cind fi,'loH\form - femporaiy con.'itructioii e'dsemvnt.docx Station, Brazos County, Texas, and being parts of that 24.935 acre tract conveyed toBen A. Matthews and Yvonne D. Moll by deed recorded in Volume 5649, Page 271,of the Official Records of Brazos County, Texas, said 5118 square feet of land,41,085 square feet (0.943 acres) of land, and 2000 square feet of land all being moreparticularly described on Exhibit "A" attached hereto and made a part hereof forall purposes.GRANTOR grants to GRANTEE a temporary construction easement only as to the above-described Property more particularly described by metes and bounds on the attached Exhibit "A",known as the "Temporary Construction Easement Area", which area is necessary for theconstruction of various improvements and utilities, in connection with the City of CollegeStation Bee Creek Trunkline Phase IT Project.It is understood and agreed that any and all equipment and facilities placed upon said Propertyshall remain the property of GRANTEE.It is further understood and agreed that this Temporary Construction Easement shall exist fromthe date construction begins on this project until completion of the project.GRANTEE expressly agrees to return the Temporary Construction Easement Area to its originalcondition, or as close thereto as is reasonably possible.It is expressly understood that the GRANTOR or future Owners of this property reserve the rightto use this Temporary Construction Easement Area during the construction phase for allpurposes which do not interfere with or prevent its use by the GRANTEE.GRANTOR hereby expressly acknowledges that it is the owner of this property.GRANTOR expressly subordinates all rights of surface use incident to the mineral estate ownedby Grantor to the above described uses of said surface by GRANTEE. GRANTORS will provideGRANTEE with the names and addresses of all lenders, if any, and agrees to lenders' subordina-tions on behalf of GRANTEE.TO HAVE AND TO HOLD the rights and interests herein described unto the CITY OFCOLLEGE STATION, TEXAS, and its successors and assigns, forever, and GRANTOR doeshereby bind themselves, their heirs, executors and administrators, 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 claimsame, or any part thereof. ,BEN A, MATTHEWS-^\- - v i..^-YVT3NN^ D. MOLL^Page 20: \i2 PROJECTS\Bee Creek Paraliel Tritnk Lme Project Phase I!\\'fathews und Moil\form - temporary construction easement, ctocx APPROVED AS TO FORMTHIS DOCUMENT MAY NOTBE CHANGED WITHOUTRE-SUBMISSION FOR APPROVAL.City AttorneyTHE STATE OF TEXASCOUNTY OF BRAZOSACKNOWLEDGMENTThis instrument was acknowledged before me on this the ^ day of November2014 , by Ben A. Matthews.^^^ LINDA MORGAN'?\ MY COMMISSION EXPIRES%3^ April 23,2017. c. '.Notary Public in and for the State of TexasTHE STATE OF TEXAS §§COUNTY OF BRAZOS §ACKNOWLEDGMENTThis instrument was acknowledged before me on this the 13 day of November2Q14 , byYvonneD.Moll.^% LINDA MORGAN^T=;.l MY COMMISSION EXPIRES^,^v April 23,2017^'f^f^VMWiVlVfJf^VVtmnwW IUI U^t^UPREPARED IN THE OFFICE OF:City of College StationLegal DepartmentP.O. Box 9960College Station, Texas 77842/ . /; ,' /'/. ;'.? -J—p-_.' /^ —^^.Notary Public in an<3 for the State of TexasRETURN ORIGINAL DOCUMENT TO:City of College StationLegal DepartmentP.O. Box 9960College Station, Texas 77842Page 30:M2 PROJECTS\Bee Creek ParaUel Trunk Line Project Phase H\Mathews and Mo!i\form - temporary construction eascmcnt.docx EXHIBIT "A"Joe Orr^ te.Sun'eyors <& EngineersPost Office Box 11979College Station, TX 77S42-1979(979) 693-2777Proposed Tempora-Ey EasementsMatthews and Moll TractMorgan Rector league A-46College Station, Texas19 March 2013All of those certain tracts or parcels of land lying and being situated in the Morgan Rectorleague, abstract no. 46, in College Station, Brazos County, Texas, being parts of that 24.935acre tract conveyed to Ben A. Matthews and Yvonne D. Moll by deed recorded in volume5649, page 271 of tlie Official Public Records of Braros County, Texas, and being moreparticularly described as follows:Ps-ri 1 — Northwest of Permaaent Easement Part 1Commencing at a 1/2" iron rod found at the most westerly comer of said 24.935 acre tract,also being the most northeriy corner of Lot 4-, Block 1 of Emerald Park Plaza as described byplat recorded in volume 2609, page 241 of the Official Public Records of Brazos County,Texas, -from wlier& the City of College Station GPS control monument no. 128 bears N 31°35'01" W-2363.4 feetr*Thence S 52° 46* 1 P E - 58.73 feet, along the common line of said 24.935 acre tract and Lot4, to the most westerly comer and Point ofBegionmg of this easement tract;Thence S 52° 46' 11" E - 15.15 feet, continmng along said common Une, to ths mostsoutherly corner of this easement tract and most westerly comer ofpet'manent easerae&t part 1also surveyed on thi.s date,Tlience through said 24.935 acre tract along the east lines of fchis easement tract and west linesof said permanent easement part I as follows:N45° 16'41ME" 142.25 feet to an angle point;N 23° 05' 49" E - 186.26 feet to es. angle point;N 38° 4y 33" W " 25.28 feet to the most northerly comer of this easement tract and awest corner of said permanent easement part 1, in the southeast boundary of the GreenwaysDedication Area of North Forest Subdivision as described by plat recorded in volume 6005;page 130 of the Official Public Records ofBrazos Comity, Texas;Thence S 38° 24' 23" W - 15.38 feet, along the soisfcheast fine of the said North ForestSubdivision, to a west corner of this easement tract;Thence tb'ough said 24.935 acre tract along the west lines of this easement tract, 15.00 feetwest and parallel to the west lines of said p&nnanent easement part 1, as follows:S 38° 49'33"E -12.89 feet to aa angle point;Matthews end Moll tract-Temp. Easements Psgs 1 of3 EXHIBIT "A'S 23° 05? 49" W - 174.32 feet to an angle point;S 45° 16' 41" W - 141.44 feet to the Point ofBegiamng a^d conf&ming 5118 squarefeet of land more or less,Part 2 ~ Southeast of Permanent Easement Parts I and 2Commencmg at a 1/2" iron rod found at the most westerly corner of said 24.935 acre fcmctyalso being fhe most northerly comer of Lot 4, Block I of Emerald Park Plasa as described byplat recorded in volume 2609, page 241 of the Official Public Records of Brazos CountyTexas, from where the City of College Station GPS control moimme&t no. 128 bears N 31°35'01" W-2363.4 feet.Thence S 52° 46' 11" E - §9.02 feet, along the common line of said 24.935 acre tract afld Lot4, to the most westerly corner and Point of Begmnmg of this easement tract, also being themost southedy comer of permanent easement part 1 also smveyed on this date;Thencs S 52° 46' 11" E - 15.15 feet, continuing along said common line, to the mostsoutherly corner of this easement tract;Thence through said 24.935 acre tract along the east lines of this easement tract^ 15.00 feeteast and parallel to the east lines of the said permanent easement part 1, as follows:N 45°16'41" E- 143.89 feet to an angle point;N 23° 05' 49" E-210.14 feet to an angle point;N 3§° 49' 33" V/ ~ 39.29 feet to a comer of tins easement tract located approximately10.5 feet southeast of the southeast boundary of the Greenways Dedication Area ofNorth. Forest Subdivision as described by plat recorded in volume 6005, page 130 ofthe Official Public Records ofBrazos County, Texas;Th&nce N 39° 33' 39" E - 438.95 feet, Gontinumg through the said 24.935 acre tract, to anangle point of this easement located approximately 19.7 feet southeast of said IsTorth ForestSubdivision boundary;Thence_cQntmuing_througli the_said 24.935^,acre tract^along the southeast lines _of_thiseasement tract, 20.00 feet southeast and pardllel to the southeast lines ofpenmaent easementpart 2 also surveyed on this date, as follows:T.henceN 53° 18? 18" E " 79.06 feetto an angle poiat;ThenceN 38° 10' 36" E - 207,86 feet to an angle point;Thence N 50° 55* 38" E " 559.93 feet to an angle pomt,Thonce N 72° 28* 38" E - 576.38 feet to a comer of this easement tract in the westdghfc-of-way line ofAppomatfco^ Drive, as described by p!at recorded in volume 1581^page 323 of the Official Public Records ofBrazos County, Texas;Thence along the said right-of-way line cwvmg to the left (counter-clockwise), fhrough acentral angle of 0° 23' 52" and radius of 2965.00 feet, the chord of which bears N 3° 51' 37WW - 20.58 feet, to the most northerly comer of this easement tract and ail east corner of saidpermanent easement part 2;Mattfacws and MoU tract- Temp. Easements Psge 2 of 3 EXHIBIT "A"Thence through the said 24.935 acrs tract, along the southeast lines of She said permanenteasement part 2^ s^ follows:S 72° 28' 38" W- 585.04 feet to an angle point;S 50° 55s 38"W- 565.97 feet to an angle point;S 38°10'36"W - 207.44 feet to an angle point;S 53° 1ET IS" W - 77.98 feet to the most westerly corner of the said permanenteasement part 2 in the southeast line of said North Forest -Subdivision;Tiience along the southeast boundary of said North Forest Subdivision as follows:S 38° l8> 23" W~ 107.46 feet to a slight angle point;S 38° H* 39" W - 63.10 feet to a slight angle poml;3 38° 24' 23" W - 284.92 feet to the most northeriy corner of said permanenteasement part 1;Thence through-the said-24.935 acre tract, along the east lines of-said permanent easementpart I as follows:S 38° 49? 33"E - 37.68 feet to a an angle point;S 23° 05s 49" W - 198.20 feet to QH angle point;S 45° 16' 41" W- 143.07 feet to the Point ofBegiimmg and containing 41,085 squarefeet (0.943 acres) of land more or less.Part 3 - North of Existing Sewer Easements, at Lined ChannelCommencing at the mtersection of the northwest line of that existing 10 ft. Sewer Easementdescribed in volume 823»page 546 of the Official Records ofBrazos County, Texas, and thewest right-of-way line of Appomattox Drive as described by plat recorded m volume I5R1,page 323 of the Official Public Records of Brazos County, Texas, irom where a 1/2" iron rodfound at a point of curvature in She said right-of-way line bears N 4° 53^ 07" W - 3.39 feet(chord).Thence S 720 28' 38" W - 107,4 feet, along the northwest line of the said existing 10 ft.Sewer Easement to the soutbeast comer and Point of Beginning of this easement tract;Thence S 72° 28' 38" W - 100.00 feet, continuing ^long said existing easement line, to thesouthwest comer of this easement tract;Thence N 17° 31' 22" W - 20,00 feet to the northwest comer of this easement tract;Thence N 72° 28' 38" E - 100.00 feet to the northeast comer of this easement tract;Thence S 17° 31' 22" B - 20.00 feet to the Point of Beginning and coBtaimng, 2000 sqyarefeet of land more or less.OFBearings are Texas State Plane, Central Zone NAD83 (CORS)datum, based on City of College Station GPS monuments no. 1 S^^C^^'^ ^\W-and no. 128 (N 66° 15' 48" E). f •""Hl^"w'p"MXY'OA"°"1f *41B»0» 0»CT> E <•« t f(t«, t,^ UDPOA.C IHIU.See survey plats dated March2013. ^t<%>. 5045 ^&^SK.^^'"^^ ov ^ S, 1^,Matthew? and Motl tract-Temp. Easements ^^^ S U ^^Sf^-s? Block 1Lot 1 Block 2 -' North Forest Subdivision North Forest \ Business Pork 1 vol. 10533, pg. 44 _j GresnwaysDedication Area 2.512 acres(City propsrty) GreenwaysDedication Area 2.454 acres(City property) existing 20''Sewsr Easemsni vol. 663, pg. 82^s ^y, / ^174.32' ^'N City cf .C-Q.U.ege Station 7.0'^acres vol. 4592\pg. 215 '' /,^/^y /^//4>//f¥/4'37/^y> ^/^, /.<ff/^//^/'4y.A%7//^ / '/ I-///J/ ^K>v/^>^'y S 35C24'23"W-15.58'- S 38°49'33"E-1289'- N 36°49'35'>V/-25.28'- / •Proposed Temporary Easement/ Port 2 - 41.085 sq. ft.(0.945 acres) -; ones, 10.5' ID 19,7' ' ' 1 •8°43'55"E 57.68' -N 33°49'33"W 59.29' Ben A. Matthews and Yvonne D. 'Moll 24.955 acres vol. 5649, pg. 27^\ /~< /^./12€o%9"E^{'-/'/?::^23cp5-49"E186.26' / / /V'^^.' Yl6.''14'' •Proposed 15' Easement (psnnanent see separate plot ^-) 1/2"!R/cap^s«l in 2001"H.P.MAYO RPLS 50.45"."<<: Surrey Note: —-_ —.—.City of CS GPS mon. no."1'28 bears N 51a35'Cn"W - 2.363-4' from. Point of Commence me nt (P^O.C.) ^ Head Lake /^ / '5^ 45°16'41"W- ^1 4.1.44' 'N 45°16'4T'E- '142.25- ,/^R|^nd -&. 25°05'49"W 198.20''^'&e -^e^ ////A^N 45°16'4rU3.89' 45°16'41"W 143.07' Emerald Park Plaza voL 2609, pg, 2-fH Proposed 15k ^/ Temporary Easement Part 1 - 5118 sq. ft. Easement Note: The easement granted to the City of3ryan In yoL 144, pg. 95 does notaffect the Mo-tthews and Moll tract K4orch 201 100 Sheet 1 of 3 200 Ft , JOE ORl^; ZN-C.SURVEYOKS <£ £NCW£ERSPost Office Box 1 ?979CoUege Stafion, Tcws 77842-^979(97S) BS3-27T7 joewnm ^veris.on.nef TXSlsvcvmsFinr.na. 10(?-OS/6)pfrwm(tr™no, f-TO Proposed Temporary Easements Matthews and Molf Tract Morgan Rector league A—46 ! College Station, Texas , ; 0 20 50 -T=-hr=r Bearings are TX State Plane, Centre!Zone NAD85(CORS) datum, based onCity of CS GPS controi monLimentsno. 1 and no. 128 (N 66°15'4a"E). AH existing- easements may noi; beshown on this plot. See separate metes and bounds descrjplions prepared with this plot. See sheet 2 for additional notesand the remainder of this plot. ?X.sMI—IH > , JOE ORR, jnvc.SURVEYORS & ENGMEERSPast Olfice Bw TT97?Co/tege Sta&n, Texas T7W-1979(S7S) '6S3-27T7 joeorrim: Qvc.'izon.net TXSave^iag ™m nn. •)(>C5i|<-D3/£^ffnni"si:l'(mnsi MM ^ Common Area "A" /^' ^/ ^'^ /<0°'property)'^/^ .^^ ^^> /' /"/ /v ^ ^/. ^^<y^: /<"y ^/ ^-Proposed Temporary Easement />'^/^-/ ^ Part 2 - 41,085 sq. ft ,'(0.943 acres) proposed Easement (permanent) see separate plat Emerald Phase \Block North Forest Estates vol. 8640, pg. 82 Easement Note: Matthews and affect Emerald /.ex. 20 Sewer Easement vol. 320. pa. 565 ]/ 13 existino 20' Sev^er Easement vol. 5.35, pa.14 f^ North Forest Subdivision vol., 6005, pg. J50 /. / y&y// / -^, y .^'V /¥ ^' /../ ft'^//^ ^ /./ 'S.^//\ .^-N 55B18"iB"E-79.06" ,if-1 ///^°p' / ^ /•>CS 53&1S'18"W~77.98> point on boundary line of North Forest Sybdlveion •width varies, 10-5' to T9.7' -3 38°18'23"W-107.46T / .f// c? '/. / ^' /cc/ Ben A. Matthews and Yvonne D. Moll 24.935 acres vol. 5649, pg. 271 /^'A. /W y-S 38B14'59"W-63.10' "'^ ^'~ rl<- March 2013 50 100 20G Ft / / Sheet 2 of 3 Bearings are TX State Plane, CentralZone NAD33(CORS) datum, based onCity of CS GPS control monumentsno; 1 and nc. 128 (N 66S15'4S"E).7/'o^/ /^ _ \ f^/ ^ Proposed Temporary Easements ^j^s^T^nts rnay noi b< ra X.'^. co1—1^ > (jreenwaysOeciicotion Area 2.434 acres(City property) Matthews and Molf Tract Morgan Rector league A~46 Colfege Station, Texas shown on this plat See seporote metss and boundsdescriptions prepared with this plat. See sheets 1 and 3-ior additional notes and the remainder of tnis plot./ JOE, ORjR., xyrc. /SURIf£YORS£. Kf\'GSNESRSPost Office Box TS579Coliege Statson, Texas 778^2-137S(373) 593-27TT joeomW ^vsnzon.net WSn.'vtyfngffimna. WQ^f-OOt Ecyretrisjs Finn m. MA? March 2013 50 100 Bearings are TX S:ote Plane, CentraiZone NAD83(CORS) datum, based onCity of CS GPS contra; monumentsno: 1 and no. 128 (N 66°"i5'45"E). Emerald ForestPhase Eight voi 1581. pg. 523All existing easements may not be shown c'1 this plat. See separate mates cr.d boundsdescriptions prepared with this plot.^^ ., ^^/F. '•- ^\^\ See sheets 1 and 2 for cdditiono!\\~ notes end the remainder of this plal.Proposed 20' x 100' ^ Temporary Easement ;V Part 5 - 2COO sq. ft. °^s%'C2°- 17°3T22"W 20.00' ^N^luicnui '5 ~ lerald Forest Phase 9 vo:. 2075, pg. 91 Block 14 Ben A. Matthews and Yvonne D. Moil 24.955 acres vol. 5.649, pg. 271 •Proposed Temporon/ Easement Port 2 - 4^,085 sq. ft. ,„....-- (0.943 acres) „,..-••-"' .,. /-'/.-o-"^-Pro pose d Easement (permanent) — ..-."• ^ see separate plat ..... -•—-- • Shest 5 of 3 :/C;.e. f^Si^.8ee_,^r.?'sr".^ —:-.-—-- Proposed Temporo'ry Easements iMotthews and Moll Tract Morgan Rector league A—46 CoiJege Stotion, Texas ^y^'^- Emerald Pork/- vol. 947, pg. 347 rox3: ro»—I^ >