HomeMy WebLinkAbout2012-3422 - Ordinance - 06/28/2012 ORDINANCE NO. 21)/2 - 34/21
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND
VACATING AND ABANDONING A 484.5 SQUARE FOOT PUBLIC UTILITY
EASEMENT, A 7,177 SQUARE FOOT PUBLIC UTILITY EASEMENT, A 0.59 ACRE
PUBLIC UTILITY EASEMENT, AND A 3,456 SQUARE FOOT PUBLIC UTILITY
EASEMENT LOCATED AT 100 MEADOWLAND STREET BETWEEN HENSEL
STREET AND UNIVERSITY DRIVE.
WHEREAS, the City of College Station, Texas, has received an application for the
vacation and abandonment of a 484.5 square foot public utility easement, a 7,177 square
foot public utility easement, a 0.59 acre public utility easement, and a 3,456 square foot
public utility easement located at 100 Meadowland Street between Hensel Street and
University Drive. The 484.5 square foot and 7,177 square foot public utility easements
are located on Lots 2 -4, Block 1 and Lots 3 -10, Block 2, respectively, of the North Park
Subdivision according to the plat recorded in Volume 465, Page 37 of the Deed Records
of Brazos County, Texas. The 0.59 acre public utility easement is a portion of the
abandoned right -of -way of Meadowland Street reserved as public utility easement per
Ordinance No. 2010 -3232 by the City of College Station. The 3,456 square foot public
utility easement is a 20 -foot wide public utility easement recorded in Volume 1130, Page
761 of the Official Records of Brazos County, Texas, and is located within the J.E. Scott
League, Abstract No. 50, being a portion of the 6.584 acre tract as described by warranty
deed recorded in volume 1072, page 578 of the Official Records of Brazos County, Texas
as described in Exhibit "A" attached hereto (such portions collectively hereinafter
referred to as the "Public Utility Easements "); and.
WHEREAS, the Public Utility Easements described above contain public utilities that
will be removed and relocated; and
WHEREAS, a temporary blanket easement exists to allow the City access to the public
utilities until such as such utilities are removed and relocated; and
WHEREAS, a Public Access Easement is reserved on the 0.59 acre of the abandoned
right -of -way of Meadowland Street as set forth in Ordinance No. 2010 -3232 and such
reservation is unaffected by this ordinance herein unless otherwise abandoned; and
WHEREAS, in order for the Public Utility Easements to be vacated and abandoned by
the City Council of the City of College Station, Texas, the City Council must make
certain affirmative findings; now therefore,
ORDINANCE NO. ,20/,2 - 3422 Page 2
L
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That after opening and closing a public hearing, the City Council finds the
following pertaining to the vacating and abandoning of the Public Utility
Easements in the manner and as described in Exhibit "A" attached hereto
and made a part of this ordinance for all purposes.
1. Abandonment of the Public Utility Easements will not result in
property that does not have access to public roadways or utilities;
2. Other than as set forth herein, there is no public need or use for the
Public Utility Easements;
3. Except as may be provided in this ordinance, there is no anticipated
future public need or use for the Public Utility Easements;
4. Abandonment of the Public Utility Easements will not impact access
for all public utilities to serve current and future customers;
PART 2: That the Public Utility Easements described above and in
Exhibit "A" attached hereto, be abandoned and vacated by the City.
PASSED, ADOPTED and APPROVED this 2gk day of �j. , 2012.
APPROVED:
Mayor
ATTEST:
City Secret
APPROVED:
/ gif . 004
City Attorney
METES AND BOUNDS DESCRIPTION
OF A
5' UTILITY EASEMENT
NORTH PARK
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF A 5.00 FOOT WIDE UTILITY EASEMENT LYING AND BEING
SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING A PORTION OF
LOTS 2, 3 AND 4, BLOCK 1, NORTH PARK, AS REFLECTED ON THE PLAT RECORDED IN VOLUME 465,
PAGE 37 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS.
SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A'A INCH IRON ROD FOUND ON THE NORTHEAST LINE OF MEADOWLAND STREET (40'
R.O.W.) MARKING THE SOUTH CORNER OF SAID LOT 4 AND THE EAST CORNER OF LOT 1, BLOCK 1,
TEXIAN INN ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 726, PAGE 201 OF THE
OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: N49° 08' 09" W ALONG THE NORTHEAST LINE OF MEADOWLAND STREET FOR A DISTANCE
OF 86.65 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET;
THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36° 52' 12" FOR AN ARC DISTANCE OF
16.09 FEET (CHORD BEARS: N 30° 42' 03" W —15.81 FEET) TO THE NORTHEAST LINE OF SAID EASEMENT;
THENCE: S 49° 08' 09" E THROUGH SAID LOTS 2, 3 AND 4 AND ALONG THE NORTHEAST LINE OF SAID
EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE NORTHEAST LINE OF MEADOWLAND STREET,
FOR A DISTANCE OF 101.71 FEET TO THE COMMON LINE OF SAID LOT 4 AND TEXIAN INN ADDITION;
THENCE: S 41° 29' 01" W ALONG SAID COMMON LINE FOR A DISTANCE OF 5.00 FEET TO THE POINT OF
BEGINNING CONTAINING 484.5 SQUARE FEET OF LAND, MO' ' OR LESS. BEARING SYSTEM SHOWN
HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM G' '. OBSERVATION. SEE PLAT PREPARED
MAY 2012 FOR MORE DESCRIPTIVE INFORMATION.
BRAD KERR
REGISTERED PROFESSIONAL
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METES AND BOUNDS DESCRIPTION
OF A
UTILITY EASEMENT
NORTH PARK
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF A UTILITY EASEMENT LYING AND BEING SITUATED IN
COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING A PORTION OF LOTS 3 -10,
BLOCK 2, NORTH PARK, AS REFLECTED ON THE PLAT RECORDED IN VOLUME 465, PAGE 37 OF THE
DEED RECORDS OF BRAZOS COUNTY, TEXAS.
SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A'''A INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF MEADOWLAND STREET (40'
R.O.W.) MARKING THE EAST CORNER OF SAID LOT 10, SAID IRON ROD FOUND BEING ON THE
NORTHWEST LINE OF LOT 19, MEADOWLAND ADDITION, ACCORDING TO THE PLAT RECORDED IN
VOLUME 94, PAGE 278 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: S 41° 26' 44" W ALONG THE COMMON LINE OF SAID LOT 10 AND SAID LOT 19 FOR A
DISTANCE OF 5.00 FEET;
THENCE: N 48° 51' 33" W THROUGH SAID LOT 10 AND ALONG THE SOUTHWEST LINE OF SAID
EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE SOUTHWEST LINE OF MEADOWLAND STREET,
FOR A DISTANCE OF 46.92 FEET TO THE COMMON LINE OF SAID LOT 10 AND LOT 9;
THENCE: N 49° 08' 39" W THROUGH SAID LOT 9 AND ALONG THE SOUTHWEST LINE OF SAID
EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE SOUTHWEST LINE OF MEADOWLAND STREET,
FOR A DISTANCE OF 63.24 FEET;
THENCE: S 41° 25' 11" W CONTINUING THROUGH SAID LOT 9 AND ALONG A SOUTHEAST LINE OF SAID
EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE COMMON LI NE OF SAID LOT 9 AND LOTS 7 AND
8, FOR A DISTANCE OF 151.52 FEET TO THE COMMON LINE OF SAID BLOCK 2 AND A TRACT OF LAND
CURRENTLY OWNED BY THE TEXAS A&M UNIVERSITY SYSTEM, FOR REFERENCE A' /z INCH IRON ROD
FOUND ON THE NORTHWEST LINE OF UNIVERSITY DRIVE MARKING THE COMMON CORNER OF SAID
TEXAS A&M TRACT AND MEADOWLAND ADDITION BEARS: S 49° 04' 31" E FOR A DISTANCE OF 1032.59
FEET;
THENCE: N49° 04' 31" W ALONG THE COMMON LINE OF SAID BLOCK 2 AND SAID TEXAS A&M TRACT
FOR A DISTANCE OF 15.00 FEET;
THENCE: N 41° 25' 11" E THROUGH SAID LOTS 8 AND 7 AND ALONG A NORTHWEST LINE OF SAID
EASEMENT, 10.00 FEET FROM AND PARALLEL TO THE COMMON LINE OF SAID LOTS 7, 8 AND 9, FORA
DISTANCE OF 151.50 FEET;
THENCE: N 49° 08' 39" W THROUGH SAID LOT 7 AND ALONG THE SOUTHWEST LINE OF SAID
EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE SOUTHWEST LINE OF MEADOWLAND STREET,
FORA DISTANCE OF 37.55 FEET;
THENCE: N 49° 08' 04" W CONTINUING THROUGH SAID LOT 7 AND ALONG THE SOUTHWEST LINE OF
SAID EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE SOUTHWEST LINE OF MEADOWLAND
STREET, FOR A DISTANCE OF 39.33 FEET TO THE COMMON LINE OF SAID LOT 8 AND SAID LOT 6;
1
THENCE: N 49° 12' 26" W THROUGH SAID LOTS 6 AND 5 AND ALONG THE SOUTHWEST LINE OF SAID
EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE SOUTHWEST LINE OF MEADOWLAND STREET,
FORA DISTANCE OF 76.81 FEET;
•
THENCE: S 41° 37' 53" W CONTINUING THROUGH SAID LOTS 5 AND 6 AND ALONG A SOUTHEAST LINE
OF SAID EASEMENT, 10.00 FEET FROM AND PARALLEL TO THE COMMON LINE OF SAID LOTS 5 AND 6
AND LOTS 3 AND 4, FOR A DISTANCE OF 151.24 FEET TO THE COMMON LINE OF SAID BLOCK 2 AND
SAID TEXAS A&M TRACT;
THENCE: N49° 04' 31" W ALONG THE COMMON LINE OF SAID BLOCK 2 AND SAID TEXAS A&M TRACT
FOR A DISTANCE OF 20.00 FEET;
THENCE: N 41° 37' 53" E THROUGH SAID LOTS 4 AND 3 AND ALONG A NORTHWEST LINE OF SAID
EASEMENT, 10.00 FEET FROM AND PARALLEL TO THE COMMON LINE OF SAID LOTS 5 AND 6 AND
LOTS 3 AND 4, FORA DISTANCE OF 151.23 FEET;
THENCE: N 49° 02' 57" W THROUGH SAID LOTS 3 AND 4 AND ALONG THE SOUTHWEST LINE OF SAID
EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE SOUTHWEST LINE OF MEADOWLAND STREET,
FOR A DISTANCE OF 77.18 FEET TO THE COMMON LINE OF SAID LOT 4 AND LOT 2, BLOCK 2, FOR
REFERENCE A' /2 INCH IRON ROD FOUND ON THE COMMON LINE OF SAID BLOCK 2 AND SAID TEXAS
A &M TRACT MARKING THE WEST CORNER OF SAID LOT 4 BEARS: S 41° 19' 32" W FORA DISTANCE OF
151.25 FEET;
THENCE: N41° 19' 32" E ALONG THE COMMON LINE OF SAID LOT 4 AND SAID LOT 2 FOR A DISTANCE
OF 5.00 FEET TO THE SOUTHWEST LINE OF MEADOWLAND STREET;
THENCE: ALONG THE SOUTHWEST LINE OF MEADOWLAND STREET FOR THE FOLLOWING CALLS:
S 49° 02' 57" E FOR A DISTANCE OF 87.20 FEET TO A' /2 INCH IRON ROD FOUND;
S 49° 12' 26" E FOR A DISTANCE OF 86.75 FEET;
S 49° 08' 04" E FOR A DISTANCE OF 39.34 FEET;
S 49° 08' 39" E FOR A DISTANCE OF 115.80 FEET TO A' /2 INCH IRON ROD FOUND;
S 48° 51' 33" E FOR A DISTANCE OF 46.95 FEET TO THE POINT OF BEGINNING CONTAINING
7177 SQUARE FEET (0.16 OF AN ACRE) OF LAND, MORE ORLESS. BEARING SYSTEM SHOWN
HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. SEE PLAT
PREPARED MAY 2012 FOR MORE DESCRIPTIVE INFORMAT 5 N.
BRAD KERR .-
REGISTERED PROFESSIONAL a % "` :7" ,r...
LAND SURVEYOR No. 4502 '`�'° 'e `'\
D: /WORK/MAB/12-254B 1 .MAB 4.;'t Gee SCO e
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Ty ( ^ / / LOT 3 SURVEY PLAT
orb ` BLOCK NORTH PARK / 2 EASEMENT AREAS
�'` �p,F� /,\ NORTH PARK
�� / LOT 4 / VOLUME 465, PAGE 37
R= 25.00' " �04` NORTH PARK COLLEGE STATION, BRAZOS COUNTY, TEXAS
0= 36'52'12" . PLAT 465/37 / / / SCALE: 1 INCH = 50 FEET
L= 16.09' `•4; v 9 / J SURVEY DATE: JAN. 2012
T =8.33' ,♦ O / TRACT 2 / / J C PLAT DATE: 05 -07 -12
LC = �' / / JOB NUMBER: 12 -254
CB =N 30 30' `♦ '42'03" W � ' 0 0. 484.5 SQ. FT.
CAD NAME: 12-2543
4, 4 \ F CR5 FILE: 11 -704
5r 9.„ 4 4 7 PREPARED BY: KERR SURVEYING, LLC
6,..,./ i„.,_ /> / / 409 N. TEXAS AVENUE
\ s 09+ s+ j' BRYAN, TEXAS 77803
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11, • `� 1` / PHONE (979) 268 -3195
\ 5' UTILITY ♦�� ♦
EASEMENT •S 41'29'01' W
5.00' , s
PLAT 465/37 / LOT 1, BLOCK 1
TEXIAN INN ADDITION , . 1 ' , a " o e • ,' '.
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♦ � ♦����' ♦ ♦ ♦ � BLOCK 2 �. � �i
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LOT 4 1 : ♦ ♦ ♦ ♦ �� ' "'' 7 • : A
/ BLOCK 2 � � EASEMENT
� ♦�#�� ♦ 2 0 ' UTILITY / A , � * . 0 � 5' UTILITY \ \<./ ♦ �� ♦ 70 0' 0, / EASEMENT
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. ♦ . ♦. �♦ LOT 6 / 3 Oe J q ���� O `, \ •
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20 V .? % NORTH PARK / LOT 7 ♦ ♦i ♦i %� ♦ ♦� � ♦ ��� \ N.
00. . 7 * PLAT 465/37 ♦ � �♦ ♦ 7 7 \
/ BLOCK 2 ♦ ♦ ♦ ♦ 4* A . , •a \ i `s \
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FOUND
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• 4 A •, 4 15' UTILITY 9• �.
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SCALE: 1" = 50' , 3 /
a 4
s F r o g �� � �o Q � 19 //
SEE METES AND BOUNDS PREPARED MAY 2012 g ,1 `S . ' I1,, //
FOR MORE DESCRIPTIVE INFORMATION.
GRID NORTH AS ESTABLISHED HEREON OLk
FROM GPS OBSERVATION. � S S \ / / 18
/
I2 -0
5' 2( ‘2
7 ;IS `ztL
METES AND BOUNDS DESCRIPTION 12
OF A
0.59 ACRE TRACT
MEADOWLAND STREET
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING
SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE
ABANDONED RIGHT -OF -WAY OF MEADOWLAND STREET (30' -40' RO.W.) RESERVED AS A PUBLIC
ACCESS AND PUBLIC UTILITY EASEMENT PER ORDINANCE NO. 2010-3232 BY THE CITY OF COLLEGE
STATION.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF UNIVERSITY DRIVE (FM
60) MARKING THE SOUTH CORNER OF A CALLED 4.82 ACRE TRACT DESCRIBED AS TRACT 1 BY A
DEED TO WOODRIDGE COLLEGE STATION I, LLC, RECORDED IN VOLUME 10242, PAGE 254 OF THE
OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: S 41° 38' 43" W ALONG THE NORTHWEST LINE OF UNIVERSITY DRIVE FOR A DISTANCE OF
30.00 FEET TO THE EAST CORNER OF LOT 3, MEADOWLAND ADDITION, ACCORDING TO THE PLAT
RECORDED IN VOLUME 94, PAGE 278 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: N 48° 22' 42" W ALONG THE SOUTHWEST LINE OF MEADOWLAND STREET FOR A DISTANCE
OF 103.65 FEET TO A'h INCH IRON ROD FOUND MARKING THE EAST CORNER OF A CALLED 0.105 ACRE
TRACT DESCRIBED AS TRACT 2 BY SAID DEED TO WOODRIDGE COLLEGE STATION I, LLC;
THENCE: N 48° 19' 30" W CONTINUING ALONG THE SOUTHWEST LINE OF MEADOWLAND STREET FOR
A DISTANCE OF 7L3 5 FEET TO AN "X" FOUND IN CONCRETE MARKING THE NORTH CORNER OF SAID
0,105 ACRE TRACT;
THENCE: N 48° 21' 17" W CONTINUING ALONG THE SOUTHWEST LINE OF MEADOWLAND STREET FOR
A DISTANCE OF 49.71 FEET TO AN "K' FOUND IN CONCRETE MARKING THE COMMON CORNER OF LOT
5 AND LOT 6, MEADOWLAND ADDITION;
THENCE: N 49° 15' 33" W CONTINUING ALONG THE SOUTHWEST LINE OF MEADOWLAND STREET FOR
A DISTANCE OF 698.39 FEET TO THE NORTH CORNER OF LOT 19, MEADOWLAND ADDITION;
THENCE: S 41° 26' 44" W ALONG THE NORTHWEST LINE OF SAID LOT 19 FOR A DISTANCE OF 10.41
FEET TO A Yz INCH IRON ROD FOUND MARKING THE EAST CORNER OF LOT 10, BLOCK 2, NORTH PARK,
ACCORDING TO THE PLAT RECORDED IN VOLUME 465, PAGE 37 OF THE DEED RECORDS OF BRAZOS
COUNTY, TEXAS;
THENCE: N 48° 51' 33" W CONTINUING ALONG THE SOUTHWEST LINE OF MEADOWLAND STREET FOR
A DISTANCE OF 46.95 FEET TO A' INCH IRON ROD FOUND MARKING THE COMMON CORNER OF SAID
LOT 10 AND LOT 9, BLOCK 2;
THENCE: N 49° 08' 39" W CONTINUING ALONG THE SOUTHWEST LINE OF MEADOWLAND STREET FOR
A DISTANCE OF 115.80 FEET TO THE MOST WESTERLY CORNER OF THIS HEREIN DESCRIBED TRACT;
THENCE: N 40° 51' 56" E THROUGH MEADOWLAND STREET FOR A DISTANCE OF 40.34 FEET TO A 1/2
INCH IRON ROD FOUND MARKING THE WEST CORNER OF LOT 5, NORTH PARK, SECTION II;
1
THENCE: S 49° 05' 45" E ALONG THE NORTHEAST LINE OF MEADOWLAND STREET FOR A DISTANCE
OF 51.51 FEET TO THE SOUTH CORNER OF SAID LOT 5;
THENCE: S 40° 53' 23" W THROUGH THE RIGHT -OF -WAY OF MEADOWLAND STREET FOR A DISTANCE
OF 15.12 FEET TO THE APPROXIMATE CENTERLINE OF SAID RIGHT -OF -WAY;
THENCE: S 49° 08' 57" E THROUGH SAID RIGHT -OF -WAY FOR A DISTANCE OF 503.84 FEET;
1iLJ NCE: N 41° 28' 38" E CONTINUING THROUGH SAID RIGHT -OF -WAY FORADISTANCE OF 14.31 FEET
TO A 5/8 INCH IRON ROD FOUND MARKING THE WEST CORNER OF THE AFOREMENTIONED 4.82 ACRE
TRACT;
THENCE: S 49° 01' 50" E ALONG THE NORTHEAST LINE OF MEADOWLAND STREET FORADISTANCE OF
530.85 FEET TO THE POINT OF BEGINNING CONTAINING 0.59 OF AN ACRE OF LAND, MORE OF LESS,
AS SURVEYED ON THE GROUND. BEARING SYSTEM SHOWN ',REIN IS BASED ON GRID NORTH AS
ESTABLISHED FROM GPS OBSERVATION. r
BRAD KERR
REGISTERED PROFESSIONAL OF
LAND SURVEYOR No 4502�ae
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UTILITY EASEMENT . • •• .. t )
(Specific Property) 89 JUL 9 NI t 08
1302 52 ::�.1.';..'::; ,4 ..•.
STATE OF TEXAS 5 q,G� 444 .1
§ KNOW ALL MEN BY THESE PRl?5"E
COUNTY OF BRAZOS 4
That, LODGECOPROPERTIES,LTD., aTexas Limited Partnership (formerly
Investments, Ltd., a Texas Corporation), acting by and through LEONARD M.
ROSS, Trustee, a General Partner, GRANTOR, of the County of Brazos, State of
Texas, for and In consideration of the payment of TEN AND NO/100 DOLLARS
010.00), 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 CON VEYEDand 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 on and through the following described property:
All that certain 0.08 acre (3456 square foot) tract or parcel of land,
lying and being situated In the J.E. Scott League, Abstract No. 50,
College Station, Brazos County. Texas, being a 20 foot wide utility
casement, and being a portion out of that same 6,584 acre tract
conveyed from Federal Deposit Insurance Corporation to Investments,
Ltd., as described by deed recorded in VOLUME 1072, PAGE 578, of
the Official Records of Brazos County, Texas, more particularly
described by metes and bounds in RXHIBITA which is attached hereto
and incorporated by reference herein,
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 subsurface;
EASEMENT PAGE 1
P: \D4 \ROSS \EASEMENT
11'30 PM 761
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upon, over and across said property as herein described and any streets or
roads 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 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 Incident to the mineral
estate to the above described uses of said surface by GRANTEE, and agrees to
lender's subordinations on behalf of GRANTEE upon request.
It is expressly understood that the GRANTOR or future Owner of this property
reserves the right to use this EASEMENT for all purposes which do not interfere
with or prevent its use by the GRANTEE.
TOHAVEANDTOHOLD 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, by, through,
and under it, but not otherwise.
EXECUTED this /7 day of alt �l9. , 1989.
LODGECO PROPERTIES, LTD.
A Texas Limited Partnership
(Formerly, Investm s, Ltd.)
RD M. ROSS, Trustee
General Partner
APPROVED AS TO FORM.
THIS DOCUMENT MAY NOT
BE CHANGED WITHOUT
RE- S BMISSION FOR APPROVAL.
EASEMENT PAGE 2
P:\ D4\ ROSS \EASEMENT
VOL 11 30 rgc762
•
1.. li 4 . . . . . ... . . .
(ACKNOWLEDGMENT)
STATE OF TEXAS g
COUNTY OF I3RAZOS 9
Before me, the undersigned authority on this day personally appeared
LEONARD M. ROSS, Trustee, a General Partner of the partnership of LODGECO
PROPERTIES, INC., known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that the same is the act of
LODGECOPROPERTIES, INC., aTexas Limited Partnership, and that he executed
the same as its General Partner and as the act of such limited partnership and for
the purposes and consideration expressed in the foregoing instrument.
Given under my hand and seal of office on this ! d
_L ay of JJiy ,
1989. D( J
Y "" Not ry Public, State of Texas
\ ctr.�rr rs „ ctus
, 5 Al.. ( :1, 'a Printed Name of Notary
' ' .. " i n, in Printed
Commission Expires:
EASEMENT PAGE 3
P : \D4 \ROSS \EASEMENT
1
'io_ 1130 r 763
4 1
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EXHIBIT A
•
1itTIS AND 0UND5 D16C*IPTION
02 A
0.00 AM (3456 IMRE 100?) TYAOT
(A 20' WIDE UTILITY IIOIXENT)
J. t. ScOTT LLACUZ, ASSEACT NO. 30
COLLECT STATION, ISA208 COUNTY, TEXAS
• • Metes and bounds dsacription of all that esbtsin 0.08 adr• (3456 square
coot) tract or,'arcel of land, lying one being actuated in the J. E. Ma Scott
Wu*, A'batracc`'No:'`3D College Station, Iraro■ County, Texas, being i 20 'foot.
wide utility easement, and beings portion out of that ease 6.584 acre tract
Conveyed from ?oderal Deposit Insurance Corporation to Invsatmsnti, Ltd., es
described by deed recorded in VOLUME 1072, PAOE $10, of the Official **cords of
Erato* County, Texas, said 0.08 sere tract being more particularly described ,e
follower
COMMENCING it a 1" diameter drill hole in a concrete wall found marking
the most southern oast corner of said 6.584 acre tract and lying in the
northwest right-of-way line of University Drive.
THENCE 8 45 13' 36" w for a distance of 44.43 fast with said right-of-way
line to a point for the PLACE OF DEcI i
TREfCE 8 45° 13' 36" W for a distance of 21.83 feat with said right-of-way
line to a point for corner.
Tn N 21" 08' 46" vi for a distance of 151.53 feet across said 6.584
acre tract to a point for angle, eeid point being in the wall of an @misting
structure,
1'NEver N 45 18' 01" E for o dietanoe of 4.91 geet with said wall line to
,;,' a .poit for corner .
TAENQE N 44 41'•39" W for distance of 11.27 feat with said wall lino to
a point or angle.
THENCE N 21 05' 46" W for a distance of 14.76 feet across said 6.584 acre
tract CO a point for corner.
THENCE N 66 51' 14" E for a distant* of 20.00 feet to a point for corner.
THENCE 9 21 00' 46" 2 for a diatanee of 169.03 fast across •aid tract to
the PLACE 9.2 EEC:MING, and containing 0,08 acres (3484 square fest) of 30nd,
more or lees.
June 1989
•
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