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HomeMy WebLinkAbout2013V11256P117Doc Bk Vol Ps 01151130 OR 11256 117 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER THE STATE OF TEXAS § COUNTY OF BRAZOS § CITY OF BRYAN PUBLIC UTILITY EASEMENT KNOW ALL BY THESE PRESENTS: That, Bryan Commerce and Development Inc., with offices at 300 South Texas Avenue, Bryan, Brazos County, Texas, the undersigned property owner (Grantor), for good and valuable consideration, the receipt of which is hereby acknowledged, do grant, sell, and convey unto the City of Bryan, a Municipal Corporation of Brazos County, Texas, with offices at 300 South Texas Avenue, Bryan, Brazos County, Texas, (Grantee), its successors and assigns, including the City of College Station, Texas, a Public Utility Easement for the purpose of constructing and maintaining public utilities of said Cities, on, over, under and across a certain tract of land situated in Brazos County, Texas, and described as follows: 20' WIDE PUBLIC UTILITY EASEMENT BEING 1.71 ACRES OUT OF THE BRYAN COMMERCE AND DEVELOPMENT, INC. CALLED 417.85 ACRE TRACT VOLUME 4023, PAGE 91- J. H. JONES SURVEY, A - 26 COLLEGE STATION, BRAZOS COUNTY, TEXAS Said Public Utility Easement being more particularly described in Exhibit "A" and depicted in Exhibit "B" which are attached hereto and incorporated as if fully set forth herein. This is an exclusive easement and Grantor may not assign or convey any other easements or licenses to any other party; but Grantor may continue to use and enjoy the benefit of the land within this Public Utility Easement, provided that such use and enjoyment does not interfere with the City of Bryan's, or its assigns, right of ingress and egress over the Public Utility Easement for the purpose of constructing, repairing, and maintaining the improvements thereon. Grantor further grants to Grantee the absolute right to assign this Public Utility Easement, in whole or part, to other utility providers, including but not limited to the City of Collage Station, without having to seek further consent from Grantor. The City of Bryan, or its assigns, may remove any improvement, obstruction, or other hindrance, without compensation to Grantor, in the course of construction, repair, or maintenance of the improvements to the Public Utility Easement. Approved Form — February 2013 U0C Uk Val P9 01151130 OR 11256 118 Grantor expressly subordinates all rights of surface use, incident to the mineral estate owned by Grantor to the public utility easement uses of said surface by Grantee. TO HAVE AND TO HOLD unto the said City of Bryan, Texas, a Municipal Corporation as aforesaid, for the purposes aforesaid, the premises above described. WITNESS (my) (our) hand(s) at Bryan, Texas, this day of ..Uai 20_L_k. THE STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the GRANTOR: BRYAN COMMERCE AND L By: PMENT, INC. Printed Name: oLA (), & Title: PZeSi`k-'4, 'bC b a Notary Public in and for Brazos County, Texas on this day personally appeared I (,lam X1 r. 1211MIL -L , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that (he), (she) executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, tbis_day of 1 1 d rdU 20L. DF YNTHIA A. BOWMAN Notary PUbiic, State of Texas My Commission Expires AUGUST 17, 2013 BRAZOS COUNTY, TEXAS Approved Foam - February 2013 Bk Vol EASEMENT ACCEPTED: 01151130 OR 11256 119 APPROVED AS TO FORM: Chairman -1, ,v,iJ(ilcjr City of Bryan Site Development Review Committee THE STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, a Notary Public in and for Brazos County, Texas on this day personally appeared tJ u J. n/AA known to me to be the person whose name is subscribed to the foregoininstrument, and acknowledged to me that (he), (she) executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 5 day ofrWJJ —, 20-6. E(2. C=State MAN". Texasires13 BRAZOS COUNTY, TEXAS AFTER RECORDATION RETURN TO: CITY OF BRYAN P.O. Box 1000 Bryan, Texas 77805 ENGINEERING DEPT Approved Form — February 2013 Doc Sk Vol P9 01151130 OR 11256 120 EXHIBIT A FIELD NOTES 20' WIDE PUBLIC UTILITY EASEMENT BEING 1.71 ACRES OUT OF THE BRYAN COMMERCE AND DEVELOPMENT, INC. CALLED 417.85 ACRE TRACT VOLUME 4023, PAGE 91 J. H. JONES SURVEY, A — 26 COLLEGE STATION, BRAZOS COUNTY, TEXAS DECEMBER 18, 2012 All that certain lot, tract or parcel of land being 1.71 acres situated in the J. H. JONES SURVEY, Abstract No. 26, Brazos County, Texas, and being a part of that certain Called 417.85 acre tract as described in deed from Cashion Family Limited Partnership, at al, to Bryan Commerce and Development Incorporated, of record in Volume 4023, Page 91, Official Records of Brazos County, Texas, said 1.71 acre easement being more particularly described by metes and bounds as follows: BEGINNING at a calculated point for the most southerly comer, said comer being located in a southeast line of said Called 417.85 acre tract and the northwest line of the WP 47 Development, Ltd. Called 2 acre tract of record in Volume 4561, Page 39, a 6" Fence Comer Post found for the occupied westerly south comer of said Called 417.85 acre tract bears S 42 ' 59 ' 17 " W a distance of 200.00 feet; THENCE N 47 ° 00' 43 " W, a distance of 20.00 feet to a calculated exterior comer THENCE N 42 ° 59 ' 17 " E, a distance of 465.56 feet to a calculated exterior comer, THENCE S 33 ° 42 ' 46 " E, a distance of 114.19 feet to a calculated angle point; THENCE S 45 ' 20 ' 01 " E, a distance of 525.46 feet to a calculated interior comer, THENCE N 42 ' 53' 53 " E, a distance of 802.56 feet to a calculated exterior comer, THENCE S 48 ° 06 ' 22 " E, a distance of 207.98 feet to a calculated interior comer, THENCE N 42 " 43 ' 38 " E, a distance of 1617.34 feet to a calculated point for the most northerly comer, said comer being located in a northeast line of said Called 417.85 acre tract and being located in the southwest line of Traditions Acquisition Partnership Called 4.5381 acre tract of record in Volume 10784, Page 260, a calculated angle point in the northeast line of said Called 417.85 acre tract bears N 34 ° 40 ' 53 ° W a distance of 646.68 feet; THENCE S 34 ° 40 ' 53 " E, along the northeast line of said Called 417.85 acre tract and the southwest line of said Called 4.5381 acre tract a distance of 20.49 feet to a 5/8" Iron Rod with Cap found for the most easterly comer, said comer being the most easterly comer of said Called 417.85 acre tract and being the most southerly comer of said Called 4.5381 acre tract, said comer being located in the northwest line of the Chris Dailey and Margaret Dailey Called 3.50 acre tract of record in Volume 6981, Page 232; THENCE S 42 ° 43' 38 " W, along the southeast line of said Called 417.85 acre tract and the northwest line of the following tracts: 1. Said Called 3.50 acre tract, Volume 6981, Page 232, 2. R. R. Bell and wife, Joanne Bell, Called 2 acre tract, Volume 248, Page 303, 3. David Ohendalski, Called 1.53 acre tract, Volume 7763, page 108, 4. Kappa Sigma -Mu Gamma Chapter, Inc., Called 2 acre tract, Volume 1375, Page 238 5. Kappa Sigma -Mu Gamma Chapter, Inc., Called 4 acre tract, Volume 1375, Page 238 6. Bryan Commerce ✓3< Development, Inc., Called 0.37 acre tract, Volume 4023, Page 71 7. David O. Shelby, Called 5.127 acre tract, Volume 4381, Page 38, and 01151130 OR Vol 12 31256 121 8. Shih-Chien Lin, Called 1.575 acre tract, Volume 7325, Page 23, a distance of 1632.58 feet to a W Iron Rod with Cap found for a southerly exterior comer, said comer being a southerly exterior comer of said Called 417.85 acre tract and being the most easterly comer of the William F. Meads, Jr. and Lula M. Meads Called 4 acre tract of record in Volume 2845, Page 123; THENCE N 48 ° 06 ' 22 " W, along a southwest line of said Called 417.85 acre tract and the northeast line of said Called 4 acre tract a distance of 208.04 feet to a W Iron Rod with Cap found for an interior comer, said comer being an interior comer of said Called 417.85 acre tract and being the most northerly comer of said Called 4 acre tract; THENCE S 42 ° 53' 53 " W, along a southeast line of said Called 417.85 acre tract and the northwest line of said Called 4 acre tract and the Robert Lee Dowling and wife, Leona O. Dowling Called 1.86 acre tract of record in Volume 164, Page 426, a distance of 803.54 feet to a 5/8" Iron Rod found for the most southerly comer, said comer being an easterly south comer of said Called 417.85 acre tract and being located in the northeast line of the Jim Welch, Jr. Called 2 acre tract of record in Volume 277, Page 203; THENCE N 45 " 20' 01 " W, along a southwest line of said Called 417.85 acre tract and the northeast line of the following tracts: 1. Jim Welch, Called 2 acre tract, Volume 277, Page 203, 2. Welch Storage, Inc., Called 1.01 acre tract, Volume 8096, Page 93, 3. Remainder of Jim Welch, Jr. and wife, Sylvia Welch, Called 2.0 acre tract, Volume 289, Page 35, and 4. WP 47 Development, Ltd, Called 3 acre tract, Volume 4561, Page 39, a distance of 548.12 feet to a calculated angle point for comer, THENCE N 33 ° 42' 46 " W, continuing along a southwest line of said Called 417.85 acre tract and the northeast line of said Called 3 acre tract a distance of 90.95 feet to a 5/8" Iron Rod with Cap found for occupied interior comer, said comer being an occupied interior comer of said Called 417.85 acre tract and being the occupied north comer of said Called 3 acre tract; THENCE S 42 ° 59,17 " W, along a southeast line of said Called 417.85 acre tract and the northwest line of said Called 3 acre tract a distance of 440.28 feet TO THE PLACE OF BEGINNING AND CONTAINING AN AREA OF 1.71 ACRES OF LAND, MORE OR LESS, according to a survey performed during December 2012, under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961. North orientation is based on rotating the southeast line of said 417.85 acre tract to grid north, NAD 83, Texas State Plane, Central Zone, as derived by gps observations. For adjoiners and other information, see accompanying plat. 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N m D I D p z z 0 z ODmz 0rrl yUOm 410mp ym r� m�f I O N= N m O i m m z I N W A A O W m 0 I \ 89 gy9 41 C\ ,Lrzs 3 ,69,11. -3:. ,yg W S-poO CI r A x c D r G,mox tppDm m Ov0 V1 zz �CA C— T#;aw D r,>p rq v� UP W roW=D r on{ x oemao m m r a D C mi0 wM. 71�={ G N = (P X � r r N Ol r' 0, Doc Bk Vol Pg 01151130 OR 11256 128 Filed for Record in: BRAZOS COUNTY On: Apr 05,2013 at 12:38F As a Recordings Document Number: 01151130 Amount 60.00 Receipt Number - 466661 Byr Flo Workman STATE OF TEXAS COUNTY OF BRAZOS I hereby certify that this instrument was filed on the date and time stamped hereon by me and was duly recorded in the volume and page of the Official Public records of: BRAZOS COUNTY as stamped hereon by me. Apr OSv2013 Karen McQueen+ Brazos County Clerk BRAZOS COUNTY 11