HomeMy WebLinkAbout1984V696P310 302514
JOINT UTILITY EASEMENT
(Specific Property)
WELLBORN WATER SUPPLY CORP. AND e24 017 ' n
CITY OF COLLEGE STATION J' 2G Fi
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STATE OF TEXAS * g•`�
KNOW ALL MEN BY THESE PRESENTS :
COUNTY OF BRAZOS *
THAT, WELLBORN ROAD, LTD. , GRANTOR, a Texas Corporation, of
the County of Brazos, State of Texas, for and in consideration of
the payment of TEN AND NO/100 DOLLARS, cash, 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 CONVEYED and 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 and RIGHT-OF-WAY on and through the
following described property:
TRACT I : All that certain 159. 657 acre tract or parcel
of land lying and being situated in the ROBERT
STEVENSON SURVEY, Abstract No. 54, in Brazos County,
Texas, and being all of that tract of land listed as
Tract 1 and called 159 .43 acres conveyed to Lieven J.
Van Riet, Trustee by Harold E. Redmond, et ux by deed
recorded in Volume 331, page 39, of the Deed Records of
Brazos County, Texas, and being morearticular)
described by metes and bounds in Exhibit p d
hereto and made a part hereof for all purposes ;
attache
TRACT II : All that certain 132 . 508 acre tract or
parcel of land lying and being situated in the CRAWFORD
BURNETT LEAGUE, Abstract No. 7 in Brazos County, Texas,
and being all of the tract called 36 . 957 acres conveyed
to Lieven J. Van Riet, Trustee b
Trustee by deed recorded in Volume 327 , pagg Hoegem627, an,
and
being all of the tract called 94. 774acres of land
conveyed to Lieven J. Van Riet, Trustee by
by deed recorded in Volume 327peand H be Turner
of that tract of land called�0. 73acing
re6 andlisttedaas
Tract 2 as conveyed to Lieven J. Van Riet,
Harold E. Redmond, et ux bydeed
din Vol by
ume
331, page 39, of the Deed Recordsrecorded
ofBrrazos County,
Texas, and being more particularly described b
and bounds in Exhibit "A" attached hereto and y metesa
part hereof for all purposes. made a
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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 all equipment and facilities
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:
Underground public utilities, including
water and sewer
Provided however, it is expressly agreed and understood that the
public utilities to be placed within this easement are to be
placed underground. In addition to the easement, rights, ana
privileges herein conveyed, the Grantee shall have the right to
locate necessary surface facilities incident to maintaining the
underground utilities, provided however, the location of such
surface facilities are to be mutually agreeable to the Grantor
and the Grantee will reasonably accommodate the use of the
surface by the Grantor in locating or relocating such incidental
surface facilities .
It is expressly understood and agreed that the Grantee may come
only upon, over and across said property as herein described and
any ways, streets, roads, or alleys abutting same, and may 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.
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Grantors expressly subordinate all rights of surface use incident
to the mineral estate to the above described uses of said surface
by Grantee.
It is expressly understood that the Grantors or future Owners of
this property reserve the right to use this 15 ' EASEMENT for all
purposes which do not interfere with and prevent its use by
Grantee, including without limitation, the use and construction
of streets, roadways, driveways, alleys, parking lots, paving,
curbs, lawns, and other like uses, on, over, and across this
EASEMENT. Grantee shall replace and restore any damage done by
the Grantee to the above described items constructed or used by
the Grantors . Also, this EASEMENT may be used by the Grantors or
future Owners of this property as a "Greenbelt" strip to comply
with the City ordinances for such "Greenbelts" .
The easement, rights, and privileges herein granted shall be
perpetual 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.
Should the Grantee fail to perform any covenant, undertaking, or
obligation arising hereunder, all rights and privileges granted
hereby shall terminate, and this agreement shall be of no further
force or effect.
EXECUTED this lc, day of
1984.
WELLS RN RO D, L 4
BY:
MORRIS F. HAMILTON, JR. I/
Approved as to Form. This
General Partner
document may not be changed
without re-submission for
approval
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State of Texas
County of Brazos
This instrument was acknowledged before me on the 15th
day of June, 1984, by Morris F. Hamilton, Jr. , General Partner,
of Wellborn, Ltd. , a Limited Partnership, on behalf of said partnership.
41111 40,
Carol S. Ford
Notary Public, State of Texas
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My commission expires 9/22/84
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EXHIBIT A
WELLBORN ROAD LTD.
TRACT 1
Being a strip of land 20 feet wide for a permanent public utility
easement situated in the Crawford Burnett League, Abstract 7, in
Brazos County, Texas, being part of a 94.77 acre tract conveyed
to Wellborn Road Ltd. by deed recorded in Volume 636, Page 680 of
the Deed Records of Brazos County, Texas, and the centerline of
said 20-foot easement being more fully described as follows:
BEGIN at a point in the northeast right-of-way line of State Highway
FM 2154 and in the northern right-of-way line of a county road, said
n( point being in the south fence corner of said 94.77 acre tract;
/j((1, thence northeasterly 10.0 feet along said county road right-of-way
line to the point of beginning ,on the centerline of this description.
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THENCE N 47°02' W 1091.40 feet parallel with and 10.0 feet northeast
of the northeast right-of-way line of FM 2154 to an angle point;
THENCE N 24°32' W 27.44 feet to an angle point;
THENCE N 47°02' W 10.0 feet parallel with and 20.5 feet northeast
of the northeast right-of-way line of FM 2154 to a point on the
centerline of an existing 20-foot permanent utility easement conveyed
to the City of College Station, Texas by deed recorded in Volume 528,
Page 466, of the Deed Records of Brazos County, Texas, and the end
of this easement.
TRACT 2
Being a strip of land 20 feet wide for a permanent public utility
easement situated in the Robert Stevenson Survey, Abstract 54, in
Brazos County, Texas, being a part of a 159.43 acre tract conveyed
to Wellborn Road Ltd. by deed recorded in Volume 636, Page 680, of
the Deed Records of Brazos County, Texas, and the centerline of said
20-foot easement being more fully described as follows:
BEGIN at a point in the northeast right-of-way line of State Highway
FM 2154 and the southern right-of-way line of a county road, said
O1/point also being the most westerly fence corner of the remaining
portion of a 1.25 acre tract conveyed to Herb L. Fedora by deed
I� recorded in Volume 227, Page 500 of the Deed Records of Brazos
li Texas; Thence southeast 257 feet, more or less, along the northeast
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(, right-of-way line of FM 2154 to the called common corner of said
1.25 acre tract and said 159.43 acre tract; Thence northeasterly 10.0
feet along said common property line to the point of beginning on
centerline of this description;
THENCE S 47°02' E 1775 feet parallel with and 10 feet northeast
of ,the northeast right-of-way line of FM 2154 to a point for beginning
on a curve to the right;
THENCE continuing 10 feet from the existing 46.,41140- S'rver
of-way in a southeasterly direction along a
in the most southerly property line of said ii,L4DC ,V.e7), ,u
the end of this easement; said point also b S
of an iron rod in said FM 2154 right-of-way (5 � *5/",,
called the southern corner of said 159.43 ac o�c,��.4 o�
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An additional easement for construction purp a /�
both tracts from the date hereon until ��?��
said construction easement being a 50-footpw ,4444°(-41'
the southwesterly line of said construction I 'g -
with the northeasterly right-of-way line of6`n!d �� /Ytp'�C�c�D
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