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2016V13178P100NOTICE 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 UTILITY EASEMENT DATE: ' } \h 11^ ______ , 2016 GRANTOR: RIVER RIDGE TOWNHOMES, LTD., a Texas limited partnership GRANTORS 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 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration. PROPERTY: Tract One: All that certain tract or parcel of land containing 1.18 acres, more or less, lying and being situated in the Crawford Bumett League, Abstract No. 7, College Station, Brazos County, Texas, and being a Public Utility 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 1.18 acre tract being more particularly described by metes and bounds on EXHIBIT A and shown on plat marked EXHIBIT C attached hereto and made a part hereof for all intents and purposes. A15-001033 Page 1 0:\5 EASEMENTSViver ridge fow/ilwmes\2015 -Lot 2R William Brooke Himter Esfa!es\piibnc utility easement.tfocx Tract Two: All that certain tract or parcel of land containing 0.26 acres, more or less, lying and being situated in the Crawford Bumett League, Abstract No. 7, College Station, Brazos County, Texas, and being a Public Utility 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 0.26 acre tract being more particularly described by metes and bounds on EXHIBIT B and shown on plat marked EXHIBIT C attached hereto and made a part hereof for all intents and purposes. This conveyance shall grant the rights herein specified only as to that portion of the above- described Property more particularly described on the attached EXHIBITS A and B and shown on EXHIBIT C, known as the "Easement Areas," and any additional area outside the Easement Areas necessary to install and attach equipment, guy wires, and anchors necessary and incident to the uses of the Easement Areas 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; 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 Areas 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 all lenders, if any, and agrees to lender's subordinations on behalf of GRANTEE, if any. RESERVATIONS AND RESTRICTIONS: NONE A15-001033 Page 2 0:\5 EASEMENTS\river ridge townhomes\2015 -Lot 2R IVHIuim Brooke HwHer Esfates\pnblic utility easement.docx 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.L.C, a Texas limited liability company, Its General Partner BY: CONSENT AND SUBORDINATION BY LIENHOLDER Lienholder, as the holder of Uens(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. By:.Printed l^amef Title: / <>r.\h^iL APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. ity/Attomey A15-001033 Page 3 0:\5 EASEMEHTS\river r'tdge lownhomes\2015 - Lot 2R WiHiam Brooke liimter Estates\public utility easement.docx THE STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT day of \ V ,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 RP/ER RIDGE TOWNHOMES, LTD., a Texas limited partnership. Si'Su^SuriSi)^^JVIOLIY KOLBACHINSKI^ f^^,^ Notary PublicT-^^^/ STATE OF TEXAS(J. '^£y My Comm.Exp. 09/18/2019 ^^•,.ji*^S;s^i5'3^3%S?*@^ng^«^y^Si»me>' ;!\f\ .11 Al U,i ^V/ NOTARY PsUBLIC in and for the State of Texas THE STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT TU^nstmment was acknowledged before me on this _C^__ day of I^AOt^O <V. ,2016,by [ftAM \i\y^)3iY} -J\^.. , ^W^\^{^ te^^of GUARANTY BANK & TRUST, N.A, on behalf of said GUARANTY BANK & TRUST, N.A. ^IOLLYKOLBACHINSKI]>^} Notary Public ^^..SJATEPFTEXAS"j^f_ My Oomm. Bcp, 09/18/2019'MV^~^yvSs^^«isaw!^ww»i^p»^*'tji*'^Ji UNA \ A t luAyut^v -w yw\.^NOTARY(PUBUC 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\)iver iidge fownliomes\20I5 - Lot 2R iPiliiam Brooke Hunter Estates\public utUity easement.clocx EXHIBIT A Field Notes Public Utility Easement 1.18 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 Public Utility Easement, also being a part of lot 2R of William Brook Hunter Estates according to the plat recorded m Volume 7627 page 19 of the Official Records ofBrazos County, Texas and being more particularly described as follows: BEGINNING: at a 5/8// iron rod with cap set for the most norfherly common comer 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: S 66037'17" E - 21.176 feet along Ae common Ime between said lot 2R and said lot 1 of Parkway Circle to a point; THENCE: S 42°33t47" W - 128.647 feet to a point; THENCE: S 47°26'13" E " 75.830 feet to a point; THENCE: S 42°33'47" W - 56.566 feet to a poirrf; THENCE: S 20047129» W - 100.440 feet to a point; THENCE: S 47°26'13" E - 67.833 feet to a point; THENCE: S 12°20113" E - 16.729 feet to a point; THENCE: S 77W47" W - 12.000 feet to a point; THENCE: S 12°20'13" E - 188.873 feet to a point; THENCE: S 05°50159" W - 134.550 feet to a point; THENCE: S 54°20'35" W - 39.177 feet to a point; THBNCE: S 31°04'31" E - 52.173 feet to a point; THENCE: N 35°39'25" W - 23.402 feet to a point; THENCE: S 54°20'35" W - 18.665 feet to a point; :>C Hj/ EXHIBIT A THENCE: N 31°07126" W - 52.145 feet to a point; THENCE: N 35°39>25" W - 339790 feet to a point; THENCE: N 42°33'47" E - 309.108 feet to a point; THENCE: N 20°38tl3t( E - 22.051 feet to a point; THENCE: N 10037'39>f E - 17.328 feet to a point; THENCE: N 47026'13" W - 57.930 feet to a point; THENCE: N 42°33'47" E " 145.688 feet to the Place Of Beginning and containing 1.79 acres less the foUowing 0.61 acre save and except area as following described: COMMENCING : 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 m the common line between lot 20, block 2 of South-Land Addition (134/423) and said lot 1 of Parkway Circle; THENCE: S 66°37117" E - 21.176 feet along the common line between said lot 2R and said lot 1 of Parkway Circle to a point; THENCE: S 42°33147" W " 128.647 feet to a point; THENCE: S 47°26'13" E - 75.830 feet to a pomt; THENCE: S 42°33f47" W - 56.566 feet to a point; THENCE: S 20°47!29" W - 100.440 feet to a point; THENCE: S 61°24'52" W- 54.947 feet to the PLACE OF BEGINNING of the save and except 0.66 acre tract; THENCE: S 47°26'13" E " 58.462 feet to a point; THENCE: S 12°20'13" E - 83.705 feet to a point; THENCE: N 77°39'47" E - 5.000 feet to a point; THENCE: S 12°20'13" E - 16.762 feet to a point; EXHIBIT A THENCE: S 77039'47>f W - 9.363 feet to a point; THENCE: S 12°39'36" E - 89.426 feet to a point; THENCE: S 05050>59" W - 97.039 feet to a point; THBNCE: N 35°39'25" W - 275.414 feet to a pomt; THENCE: N 42°33'47" E - 133.909 feet to a to the PLACE OF BEGINNING of the save and except 0.61 acre tract/ more or less/ making the total acreage of the Public Utility Easement of 1.18 acres according to a survey made one the ground under the supervision of Donald Garrett/ Registered Professional Land Surveyor No. 2972 on July 24,2015. EXHIBIT B Field Notes 20/ Public Utility Easement 0,26 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 bemg a Public Utility 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 and being more particularly described as follows: BEGINNING: at a 5/8// iron rod with cap set for the most northerly common comer 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: S 66037fl7't E - 21,176 feet along Ae common line between said lot 2R and said lot 1 of Parkway Circle to a point; THENCE: S 42°33t47" W - 562.328 feet across said lot 2R to a point m the common line between said lot 2R and lot 1R of said WiUiam Brook Hunter Estates; THENCE: N 35°39'25" W - 20.430 feet along said common line to a 5/8// u-on rod with cap (4502) found for the most westerly common comer of said lot 2R and lot 1R of said Williams Brook Hunter Estates; same being in the common line between lot 9/ block 2 of said Parkway Circle and said lot 1R; THENCE: N 42033f47" E - 551.198 feet along said common line of said lot 9 through lot 20, block 2 of said Parkway Cu-de to the PLACE OF BEGINNING; and containing 0.26 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. '^~^^' EXHIBIT C w ^^9 ws: ^\ ^..-issssr /ii^iWIWisW' /1 WILLIAM BROOKE HUNTER ESTATESLOT 2R6,33 ACRESCOLLEGE STATiON; TEXAS Doc ^i Val Ps&1255730 OR 13178 109 Filed for Rscord sns&RA20S COUNTY 'Qp^ ^'^ 12? 2016 st 03^ 30? S5 Q KSCOFtJiSSS Docui-^^ lliiffibsr ^ Q1255730 Asouni 53.00 Recsips Nu^bsr' ~ 567132 By? Dsbbls Bafesf STATE OF TEXAS COUNTY QF BR^ZOS I hsrsb^ cfir'tii'^ tnat this ln?tru?asnt> i^as filsd on shs dst;s snd slftis sk'i^psd hsr&un hy ^" oF the Offkii.u lr'ubllc fPCGfd^ af^ mi;yTv Fsb i2?2016 Kersn flcQyoeo? Brssos Count;^ ClerkBR^ZOS COIIN.TY