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2017V14265P162NOTICE OF CONFmENTIALITY RIGHTS: IF YOU l'im 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. TEMPORARY BLANKET UTILITY EASEMENT DATE: -4 ^-M ^T ,2017 GRANTOR: BCS TURKEY CREEK, L.P., a Texas limited partnership GRANTOR'S MAILING ADDRESS: 7904 N. Sam Houston Parkway West, 4th Floor (including County) Harris County Houston, Texas 77064 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S 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: All that certain tract or parcel of land containing 17.788 acres of land, more or less, lying and being situated in the JOHN H. JONES LEAGUE, Abstract No. 26 and the JOHN J. JONES SURVEY, Abstract No. 148 in Brazos County, Texas and being all of the called 1.190 acre tract described in the deed from W. D. Burkhalter and wife, Clara Elizabeth Burkhalter to Walter E. Giimore and Emma H. Gilmore, recorded in Volume 199, Page 475, ofthe Deed Records ofBrazos County, Texas, all of the called 1.717 acre tract described in the deed from Clara E. Burkhalter, et al to Walter E. Gllmore, recorded in Volume 221, Page 451, of the Deed Records A17-Q00654 0:\5 EASEMENTS\BCS Twkey Creek LPMemporaiy Bhnket Utii'tty Sasemenl - 05-05-2017.docx Page 1 ofBrazos County, Texas, and all of the called 15.013 acre tract described in the deed from the Veterans' Land Board of the State of Texas to Walter E. Giimore, recorded in Volume 559, Page 215, ofthe Deed Records ofBrazos County, Texas; said 17.788 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. ESTATE GRANTED: 1. GRANTOR grants to GRANTEE an undefined or "blanket" easement for various utilities, to be restricted hereafter to the as-bullt area, and defined by subsequent survey or plat. 2. GRANTOR does hereby grant, bargain, sell and convey unto GRANTEE, its successors and assigns, an undefined easement in and to the above-described parcel of land; GRANTEE to install, maintain, repair, rebuild, operate, inspect, improve and remove all utility facilities, including conduits, duct lines, vauits, fittings, appliances and equipment, upon, over, across and/or under the above-described property. RESERVATIONS AND RESTRICTIONS: 1. This conveyance is only for the right, privilege and easement for the aforesaid purposes. GRANTOR and its successors and assigns shall have the right to use and to grant to others the right to use the easement area for any purpose which will not unreasonably interfere with the safe and reasonable maintenance and operation of installations to be made by GRANTEE therein. 2. GRANTEE covenants and agrees to interfere as little as possible with the normal flow of vehicuiar and pedestrian traffic over and upon the site, and to restore the surface of the site, whenever and wherever disturbed by GRANTEE, to as good a condition as existed at the time of such disturbance. 3. GRANTEE hereby covenants and agrees that in the event the future development or expansion of either the site or adjacent land, or both, requires the relocation of the facilities already constructed and installed in the easement area, GRANTEE will relocate such facilities, at the request and expense of GRANTOR, provided such relocation is sound and feasible from an engineering standpoint as reasonably determined by GRANTEE, and provided further that GRANTOR shall grant to GRANTEE a substitute easement, by instrument in recordable form providing for such relocation. 4. The easement is intended to be temporary, but the rights granted hereunder shall not terminate unless GRANTOR shall deliver a final "As Built" survey or plat, as approved by GRANTEE, showing the location of all necessary utility services, equipment, and facilities as determined by GRANTEE. The "As Built" survey or A 17-000654 0:15 EASEMENTS\BCS Twksy Creek LP\Temporaiy Blanket Utility Easement - 05-65-2017.doc^ Page 2 Unc:ou";o OR plat shall delineate all proposed permanent easement areas to enable GRANTEE to maintain, repair, rebuild, and operate the equipment and perform all other activities described in paragraph 2 above, and GRANTOR or its successors shall thereafter execute an instrument in recordable form perfecting the rights existing hereunder in and to the "As Built" area. 5. GRANTOR warrants the rights and interests herein described unto the GRANTEE, 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 GRANTEE, and its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. BCS TURKEY CREEK, L.P, A Texas limited partnership BY:BCS TURKEY CREEK GP, L.L.C. A Texas limited liability company Its General Partner BY: APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL City Attorney A] 7-000654 0:\5 E/iSEMEWS\RCS Turkey Creek LP\Temporaiy Blanket Ufility Easemew - 05-OS-20!7.docx Page 3 n 1.30^9^9 THE STATE OF TEXAS COUNTY OF ACKNOWLEDGMENT This instrument was acknowledged before me on this t^\ day of _'"S~a< 2017, by e^EM-GAfcBWBbL, President and Manager ofBCS TURKEY CREEK'GP, L.L.C., a Texas/Timited liability company, General Partner of BCS TURKEY CREEK, L.P., a Texas limite^partnership, on behalf of said BCS TURKEY CREEK, L.P., a Texas limited partnership. •c^ 1M£}Notary Public in and for the State of Texas COLLEEN08ANIONNotary ID <112513984ttMyCommtttlonExplnt Sepltfflbw 14.2019 A17-000654 0:\5 EASWEH7S\BCS Turkey Creek LP'\Temporaiy Blanket Ufilil}' Easemenf - 05-05-20l7.docx Page 4 0 i.^089^9 1!^ CONSENT AND SUBORDINATION BY UENHOLDER Lienholder, as the holder of liens(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 Ilen(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. CHARLES GILMORE THE STATE OF TEXAS COUNTY OF ACKNOWLEDGMENT This instrument was acknowledged before me on this i _^ day of 2017, by WILLIAM CHARLES GILMORE JOSHUA JOHNSON Notary PuMte* State of Texas Notary (0 #13038762-3 My Commission _ExpirttB P&-2?-2019^ ^ Af?-OD(!65'f 0:\5EASEMBN7^\BCSrm-key Creek LP\rempaiwyBlwikcl Utility Ewwieni-05'05-20S7.docx Page 5 Bk V';l i:" OR U?6i.' ' CONSENT Al^D SUBORDINATION BY LIENHOLDER Lienholder, as the holder of liens(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. , \^AJ^J laWALTER EDGAR GILM THE STATE OF NEW MEXICO COUNTY OF ^/W^ 5^^ ACKNOWLEDGMENT This instrument was acknowledged before me on this 2017, by WALTER EDGAR GILMORE, II. ^day of r_)uu .\^\'^tL"<t.^yoDf%, ^''^OTA^'^ < ^*: ^^0-0 : ; ^\ ^L/BU°/-°? ''^•^-.:'^y'^•OF^:y /'/nnn^t1 /I^J^C Notary Public in and for the State of New Mexico A 17-000654 0:}5 EASEMEi^TS\BCS Turkey Creek LP\Tempormy Blanket Ufiiity Easement - 05-05-2017.docx Page 6 Ui'iC J^K V 01^C^9.'i9 QR 1,4.': CONSENT AND SUBORDINATION 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. PETER LEE GILMORE THE STATE OF TEXAS COUNTY OF BELL ACKNOWLEDGMENT This instrument was acknowledged before me on this / / day of 2017, by PETER LEE GILMORE Notary public in and for the State offtxas ANGELINAARROYO Notary ID#l31114480 My Commission Expires May 3,2021 A17-000654 0:\5EASE]l^ENTS\BCSTufkey Creek LP\TempoiwyBlanhef Utility Easement-05-05-20} 7.docx Page? Doc Bi< V;?.01^0^9 OS U3&^ CONSENT AND SUBORDmAHON BY LIENHOLDER Lienholder, as the holder of liens(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. kt4z ^.^AAM ^-^ EDITH ANN GILMORE 'QL^^sO rA..^\^E'OF' ~~ ^"^ ^-<5>v^vl^1<0^THE 8^§COUNTY OF \^j^^\v^yv\ § ACKNOWLEDGMENT L' This instrument was acknowledged before me on this S?6tWay of 2017, by EDITH ANN GILMORE /z <; ^.,1"««1^/fw^\^'^v </ \ f/^_ ^OK <1\. I ^ ? % <S^^ ^\^S^9' Y^MB^^%»«Hm't«^' ..;.^^' PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O:'B,Qx9960 College Station, TX 77842-9960 ^A.^- Q^-^^wNotary Public in and fcr the iStatc ofl> Q ^ ^ j/4 ^7 G^Ut^A3 ^ AFTER RECORDING, RETURN TO: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842-9960 A3 7-000654 0: \5 EASEMENTS\BCS Turkey Creek LP\Temporary Blanket Utility Easement - 05-05-2017.docx Page 8 EXHIBIT A „, ,„ „„, ^ FIELD NOTES 17.788 ACRES Being all that certain tract or parcel of land lying and being situated in the JOHN H. JONES LEAGUE, Abstract No. 26 and the JOHN H. JONES SURVEY, Abstract No, 148 in Brazos County, Texas and being all of the called 1.190 acre tract described in the deed from W. D. Burlchalter and wife, Clara Elizabeth Bm'khalter to Walter E. Gilmore and Emma H, Gtlmore recorded in Volume 199, Page 475 of the Brazos County Deed Records (B.C.D.R..), all of the called 1.717 acre tract described in &e deed from Clam E. Burichalter, et al to Walter E. Gihuore recorded in Volume 221, Page 451 (B.C.D.R.) and all of the called 15.013 acre tract described in the deed from the Veterans' Land Board of the State of Texas to Walter E. OJlmore recorded in Volume 559, Page 215 (B.C.D,R.) and being more particularly described by metes and bounds as follows: BEGINNING: at a found 4-inch. square concrete monument marking the north comer of the called 15.013 acre Gilmore tract (559/215), the east comer of the called 1.348 acre Junia Kinman tract recorded in Volume 2461, Page 202 of tiie Official Records, Brazos County, Texas (O.R-B.C.) and being in the southwest line of the 56.56 acre Block One, MEMORIAL CEMETERY OF COLLEGE STATION according to the Final Plat recorded in Volume 8563, Page 210 (O.R.B.'C.); THENCE; S 37° 03( 19" E (Deed Call S 34° 19' E - 293.4 vrs.) along the common line of the called 15.013 acre Gilmore tract and said MEMORIAL CEMETBRY OF COLLEGE STATION for a distance of 813.96 feet to a found 4-inch square concrete monument marking the east comer of the called 15.013 acre Gihnore tract and an interior ell-comer in the before-mentioaed southwest line of the MEMORIAL CEMETCRY OF COLLEGE STATION, said concrete monument also bemg m or near the common line of the said JOHN H. JONES LEAGUE. A-26 and the said JOHN H. JONES SURVEY. A-148; THENCE: S 41° 58' 41" W (Deed Call S 45° W) continuing along fhe said common line of fhe caUed 15.013 acre Gilmore tract and said MEMORIAL CEMETERY OF COLLEGE STATION, generally along a wire fence in or near fhe common line offbe said JOHN H. JONES LEAGUE, A-26 and the said JOHN H. JONES SURVEY, A-148 for a distance of 68.84 feet to a found 1/2-inch iron rod marking the north comer of the called 1.190 acre Gilmore tract (199/475) and an angle point in the southwest line of the said MEMORIAL CEMETERY OF COLLEGE STATION; THENCE: S 48° 04145" E (Deed Call S 45° E - 253*) along the northeast line offhe called U90 acre Gilmore tract and the southwest line of the said MEMO'RIAL CEMETERY OF COLLEGE STATION for a distance of 253.64 feet to a. 1/2-inch iron rod set for comer m the monumented norfhwest line of PM 60, commonly known as Raymond Stotser Parkway (right-of-way width varies), from whence a found 1/2-incli iron rod beats N 56° 07' 06" E at a distance of 423.5 feet (chord bearing and distance) for reference; THENCE: 699.11 feet in a counter-clockwise direction along the arc of a curve in the said monumented line ofF.M. 60, said curve having a central angle of 03° 28' 49", a radius of 11509.16 feet, a taagent of 349.66 feet and a long chord bearing S 53° 21' 51" W at a distance of 699.00 feet to a 1/2-inch iron rod set for the south comea: offhe called 1.717 acre Gilmore tract (221/451), from whence a found broken TxDOT right-of-way monument bears S 50° 43' 05" W at a distance of 351.5 feet (chord bearmg and distance) for reference; EXHIBIT A Uk THENCE; N 48° 16' 06" W (Deed Call N45° W) along the southwest Jme of the caUed 1.717 acre Gilmore tract for a distance of 116.00 feet to a found 4-inch square concrete monument at the base of an old feace post marking the west corner of the called 1.717 acre GUmore tract and the south comer of the called 15.013 acre Gilmore tract (559/215), said concrete lu.onument also being in the northeast right-of" way line of FM 2513, commonly known as Turkey Creek Road (right-of-way width varies at this location) and being in or near the common line of the said JOHN H. JONES LEAGUE, A-26 and the said JOHN JEL JONES SURVEY, A-148; THENCE: along the southwest line of the called. 15.013 acre Gilmore tract (559/215), said line being common with northeast line of said FM 2513 right-of-way for fhe following four (4) caUs: 1) N 70° 34f 37" W (Deed Call N 67° 43) W - 24.1 vrs.) for a distance of 63.79 feet to a 1/2-inch iron rod set for comer, 2) N 52° 54' 37" W (Deed Call N 50° 03' E " 26.2 vis.) for a distance of 72.78 feet to a 1/2-inch iron rod set for comer, 3) N 52° 49' 37" W (Deed Call N 49° 58' W - 11.8 vrs.) for a distance of 32.78 feet to a 1/2-inch iron rod set for comer and 4) N 37° 10' 37" W (Deed Call N 34° 19> W-232.4 vrs.) for a distance of 645.56 feet to a found 4- inch square concrete m.onumeat marlcmg the west comer of tile called 15.013 acre Gilmoie tract (559/215) and fhe soufh comer of the called 15.37 acre Junia Kmman remainder tract recorded in Volume 263, Page 28 (B.C.D.R.): THENCE; N41° 56' 05" E (Deed Call N 45° E - 296.3 vrs.) along the northwest line of the called 15.013 acre Gihnoie tcact» fhe called 15.37 acre Kiaman remainder tract and the before-mentioned 1.348 acre Kinman tract, adjacent to a wire fence, for a distance of 821.13 feet to fhe POINT OF BEGINNING and containing 17.788 acres of land, more or less, ORIGIN OF BEARING SYSTEM; Monuments found along the southwest line of the MEMORIAL CBMETERY OF COLLEGE STATION recorded m Volume 8563, Page 210, having a record bearing of S 37°03'19" E and is referenced to the Texas State Plaae Coordinate System, Central. 1, Kevm R. McClure, Registered Professional Land Surveyor No- 5650, State of Texas, do hereby certify to the best of my knowledge^ information and belief, and in my professional opinion, that this survey is true and correct and agrees with a survey made on the ground under my supe^%^a°n May 8,2012. EXHIBIT A l^=f^S^^F^^^^;jL-.=i"_:='=L'=:-^—.'=:=;.^ * 0 u-diiiiHHFliJllll?!;iji8tiijj?•t; TIi *< ^ I*IJHHJV.i t*i £ a v Vs i! i ii ii iilltisi'iiiiia i! ? I ; USII jiii!liii }SSII I IIIJiiiiit1J ]siniiii'!i iiti;! i'Qf~ K-K V()\ i-ym.^?39 OR KM; H^ Filsd for Record fsisSRAZQ3 COUNTY Un; h'pp Xji^Ul/ "t. U.:>s:;it,fK ^SCOPO !fl3S &(KU;?t3ut NusfaiT'r s 01308939 i^ouns 70.00 R?lre{pt ^usb^'- " -SU599 p•! I -, P&ul i n@ T'7,?ll in STAT^ OF TKXuS COiJNTY OF' ^^1 I h&rsfay csr.Ufy l;hat Uiis instfij^^nt ^a^ file" os; 5h?( dai^ ar'd ti*is it"ssped Iwrsasi E?'^ f,iL:s cwi ^Q? it'jly cscordsd in th^ volume arid pase oi' the Offidal Puf'i?.fi': recop"^ of? ?iRH^5 COU^'H Us 3't-'l^-'^Q HSPSHii OLi ^P< Sep lch2017 Kuren H!:'[|US^H? Bpftzos Coun1;^ ClsrkBRAZQS COUNTY