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HomeMy WebLinkAbout2016V13178P199NOTICE 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 SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. PUBLIC DRAINAGE EASEMENT DATE: ^ IL" lll^ _, 2016 GRANTOR: RIVER RIDGE TOWNHOMES, LTD, a Texas limited partnership GRANTOR'S MAILING ADDRESS: 4060 Highway 6 South (including County) Brazos County College Station, Texas 77845 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEES MAILING ADDRESS: P. 0. Box 9960 (including County) Brazos County College Station, Texas 77842 CONSTOERATION: Ten Dollars ($10.00) and other good and valuable consideration. PROPERTY: All that certain tract or parcel of land containing 1.37 acres, more or less, lying and being situated in the Crawford Bumett League, Abstract No. 7, College Station, Brazos County, Texas, and being a Variable Width Drainage Easement, also being a part of Lot 2R of William Brook Hunter Estates according to the plat recorded in Volume 7627, Page 19, of the Official Records ofBrazos County, Texas, said 1.37 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. AI5-OOW33 Page 1 0:\5 EASEMENTS\river ridge to\vnhomes\2015 - Lot 2R William Broake Himler Est(tfes\pitb!ic tSrmiwge easement.docx This conveyance shall grant the rights herein specified only as to that portion of the above- described Property more particularly described on the attached EXHIBIT A, known as the "Easement Area", and any additional area outside the Easement Area 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: Drainage ditches, drainage pipes and all other drainage structures, surface and subsurface; upon, over, and across the said PROPERTY as 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 being understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of 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 owned by GRANTOR, to the above-described uses of said surface by GRANTEE. GRANTOR will provide GRANTEE with the names and addresses of ail lenders, if any, and agrees to lender's subordinations on behalf of GRANTEE, if any. RESERVATIONS AND RESTRICTIONS: NONE TO HAVE AND TO HOLD, the rights and interests herein described 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 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. RIVER RIDGE TOWNHOMES, LTD. A Texas limited partnership By: SKYCO MANAGEMENT, L.I/OI Texas limited liability company, | ; Its General Pa^er BY:TON E. bFCZAR^AlCf^n A15-Q01033 Page 2 0:\5 EASEMENTS\iivef ridge fownhomes\20l5 - Lot 2R WiUiam Brooke Hunts)' Esiafes\pubfic drainage easemenf.docx UQC CONSENT AND SUBORDFNATION BY LIENHOLDER Lienholder, as the holder ofliens(s) on the fee simple title to the Easement Property, consents to the above grant of an easement, including the terms and conditions of such grant, and Lienholder subordinates its lien(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. GUARANTY BANK & TRUST, N.A. Printed Na^he: Title: ^/^/?: *• y/^&^1_ APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBM1SSION FOR APPROVAL. THE STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT V./ "; T~~'-i day of ,2016,This instrument was acknowledged before me on this by ALTON E. OFCZARZAK, Manager ofSkyco Management, L.L.C., a Texas limited liability company. General Partner of RIVER RIDGE TOWNHOMES, LTD., a Texas limited partnership, on behalf of said RFVER RIDGE TOWNHOMES, LTD., a Texas limited partnership. t MOLLY KOLBACHINSKINotary Public STATE OF TEXASMy Comm. Exp. 09/18/2019 •esc'lw'«(ai"T"^ •^-1" u^i JLy' NOTARY (PUBLIC m and for the State of Texas AI5-Q01033 Page 3 0:\5 EASEMENTS\river nc]ge townftomes\20l5 - Lot 2R William Brwke Hunfer Est€ttes\public drainage ecssement.dwx THE STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT Th j^ instrument was acknowledged befpre me on this f\:ls day of \ t2tX lAA fl/^ byWWlM vl.r.)vm y^^-b , ^)AUT\. ^.^W\^ , of GUARANTY BAI TRUST, Isf.A., on behalf of said GUARANTY BANK & TRUST, N.A. 2016, BANK & •<C2'.^%^OLIY KOLBACHtNSKIf/SS^S ~ ""Notary Public STATE OF TEXAS My Comm. Exp. 09/18/2019 fayyvsswsy^sy^cy NOTARY PUBLIC in and for the State of Texas 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 A15-001033 Page 4 0:\5 EASEMENTS\iivef ridge townhomes\2015 - Lot 2R jyiHiam Brooke Hunter Estates\pitblic {Immiige eusemenl.docx EXHIBIT A Field Notes VARIABLE WIDTH DRAINAGE EASEMENT 1.37 Acres Being all of that certain tract or parcel of land, lying and being situated in the CRAWFORD BURNETT LEAGUE, Abstract No. 7, College Station, Brazos County, Texas and being a Variable Width Drainage Easement, also being a part of lot 2R of William Brook Hunter Estates according to the plat recorded in Volume 7627 page 19 of the Official Records of Brazos County, Texas and being more particularly described as follows: BEGINNING: at a 5/8// iron rod with cap set for the most northerly common corner of said lot 2R and lot 1 of Parkway Circle (508/561); same being in the common line between lot 20, block 2 of South-Land Addition (134/423) and said lot 1 of Parkway Circle; THENCE: along the common line between said lot 2R and said lot 1 of Parkway Circle for the followmg calls: S66°37'17"E-36.339 feet- S 09°57'46" E - 38.370 feet' S30°10'06"E-33.630 feet- S09°46'36"E-65.990 feet- S 25°50'07" W - 31.910 feet - S 01°22152" W - 30.280 feet" S71017'14"W-28.000 feet' S20°57'19"E-50.210 feet - S71°42'07tlE-46.320 feet - S29°33'57ttE-26.070 feet S35622152tlE-167.160 feet S 17°24'05" W - 79.270 feet S02°53148'IW-81.730 feet S24°17105"W- 61.140 feet THENCE: S 17°27'19" E - 145.730 feet to a point for the most southeasterly common corner of said lot 2R and said lot 1 of Parkway Circle; same being the in the northerly Right-of-Way line of Southwest Parkway; THENCE: across said lot 2E for the following calls: S54°20t35'IW-121.921 feet N 02°58132<1 E - 321.198 feet N 12°20'13tl W - 212.062 feet EXHIBIT A ^. u !i N 28°39t21" W -157.333 feet N 14°52'34" W " 141.782 feet THENCE: N 42°33147" E " 74.342 feet along the common line between said lot 2R and lots 18, 19, 20, block 2 of said South-Land Addition to the PLACE OF BEGINNING; and containing 1.37 acres of land/ more or less/ according to a survey made on the ground under the supervision of Donald Garrett/ Registered Professional Land Surveyor No. 2972 on July 24,2015. 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