Loading...
Easement Doc Bk Vol r3 0121•3458 OR 12362 •4.5 NOTICE OF CONFIDENTIALITY A NATURAERSON, YOU MAY REMOVE ARE OR STRIKE ANY 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. PUBLIC UTILITY,PUBLIC ACCESS and LANDSCAPE EASEMENT DATE: f'JTtAx - GRANTOR: UPPER CLEAN, LLC GRANTOR'S MAILING ADDRESS: 4904 Park Land Drive (including County) Brazos County Bryan, Texas 77802 GRANTEE: CITY OF COLLEGE STATION,TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue (including County) Brazos County College Station,Texas 77842 CONSIDERATION: $10.00 and Other Good and Valuable Consideration PROPERTY: All that certain tract or parcel of land lying andel beings situated tuNt d in the CRAWFORD BURNETT LEAGUE, College Station, Brazos County, Texas, being a strip of land five feet (5') in width, adjoining the northeast line of F.M. 2154 (Wellborn Road), across Lots 1 through 5. Block 2 of the Southland Addition as described by plat recorded in Volume 134, page 423 of the Deed Records of Brazos County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof. This conveyance shall grant the rights herein specified only as to that portion of the above- described property more particularly described on the attached Exhibit "A", known as the "Easement Area," and any area outside the Easement c ess and lands apingctoand ent to erect,tconstbuct lic use of the Easement Area for public utilities, public a and install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, make improvements to, and remove the following: 1. public accessways including but not limited to pedestrian walkways, sidewalks and bicycle paths; 2. any public improvements or structures as are reasonably necessary for the use of the public accessways, including but not limited to irrigation, benches, kiosks, trash receptacles, signage, emergency call boxes, public art, water features and bicycle racks; 3. landscaping; 4. electric transmission lines and electric distribution lines and related equipment; water lines and sanitary sewer lines, connecting lines, access facilities and related equipment; storm sewers and collection facilities; television, telephone and communications lines and related equipment; drainage ditches, drainage pipes and all other drainage structures, surface or subsurface and all associated facilities; upon, over, under and across said Property as described and any ways, streets, roads, or alleys abutting same; and the right to cut, trim, and control the growth of trees and other vegetation within or along the Easement Area or on adjoining property of GRANTOR, which might interfere with or threaten the operation and maintenance of any equipment, accessories, or operations and as may be necessary to prevent possible interference with the operation and maintenance of said equipment, accessories, or operations or to remove possible hazards thereto. It being understood GRANTEE shall remain the property eqouipment GRANTEE structures placed upon the Easement Area by o the ineral estate GRANTOR expressly uses of subordinates saidsurfaceall rights anduse agreesincident to tlender's subord nat ons the above-describedon behalf of GRANTEE. RESERVATIONS AND EXCEPTIONS: 1. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto, contained in Deed from Carrie N. Barnes a/k/a Carrie Barnes to Upper Clean, LLC, dated March 19, 2014, recorded in Volume 11909, page 196, Official Records of Brazos County, Texas. 2. Lease for coal, lignite, oil, gas and other minerals,together with all rights incident thereto, contained in estate created by Oil and Gas Lease from Carrie Barnes o Chaparral Minerals, Inc. dated January 25, 1984, recorded in Volume 680, page 210, Official Records of Brazos County, Texas. 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. Dc r-,t'. Viol F': 1.21. 458 OR 1 "62 ,:51 UPPER CLEAN,LLC. Q__,,,.),:\4_5„,-/ RIA KUMAR, Managing Member A VIJAY 1r AR, Y a aging Member CONSENT AND 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. TEXAN BANK BY: 4 stc laiCa btt.., Printed Name: K1'x-F1k t vial 10,-,�-' Title: PY e Std_i_a-4 ¢ APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. % r ,gip ,Pk 49 Attorney • Doc Bk Vol P? 0121.3458 OR 12362 252 THE STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS This instrument was acknowledged before me on this 3 day of 04/90-fA- , 2014, by Ria Kumar, Managing Member on behalf of UPPER CLEAN LLC. 411111.A. ILS No ary Pub ' , Sta • o�1R''as e"•.. ELSALAURAJUAREZ MY COMMISSION EXPIRES AyN Ay'a,= July 25,2018 ,,TfN•' . THE STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS g This instrument was acknowledged before me on this day of (U/ , 2014, by Vijay Kumar,Managing Member on behalf of UPPER CLEAN LLC. / AP r : ELSA LAURA JUAREZAte L- AA MA . *: * MY COMMISSION EXPIRES N• ary Publ. Stat:o exas w ?�„e47# -� July 25,2018 THE STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS g dayof ( Coed' , 2014, This instrument was acknowledged before me on this ��_ by ti on behalf $ :N BANK. ':_ 1,2f A 14,,,,, - — ''Notary Pini , State of Texas =ora;'�0oet„'4� KIMBERLY M. BALKUM _ • 1: Notary Public,State of Texas . )4.41 My Commission Expires %tg;,,, ' May 28, 2016 PREPARED IN THE OFFICE OF: RETURN ORIGINAL DOCUMENT TO: City of College Station City of College Station Legal Department Legal Department P. O. Box 9960 P. O. Box 9960 College Station,Texas 77842-9960 College Station,Texas 77842-9960 Exhibit"A" D'o' Bk Vol P's 01213458 OR 12362 253 Joe Orr, Inc. Surveyors&Engineers Post Office Box 11979 College Station, TX 77842-1979 (979)693-2777 Proposed Easement Lots 1-5,Block 2, Southland Addition Crawford Burnett league A-7 College Station,Texas 12 July 2013 All that certain tract or parcel of land lying and being situated in the Crawford Burnett league, Abstract no. 7, in College Station, Brazos County, Texas, being a strip of land five feet (5') in width, adjoining the northeast line of F.M. 2154 (Wellborn Road), across Lots 1 through 5, Block 2 of the Southland Addition as described by plat recorded in volume 134, page 423 of the Deed Records of Brazos County,Texas,and being more particularly described as follows: Beginning at the intersection of the southeast line of said Lot 1 and the northeast right-of-way line of F.M. 2154 as conveyed to the State of Texas by deed recorded in volume 171, page 181 of the Deed Records of Brazos County, Texas, from where the City of College Station 2010 GPS control monument no. 1 bears N 24° 30' 08" W — 1941.3 feet, a 1/2" iron rod found marking the west corner of William Brooks Hunter Estates, as described by plat recorded in volume 7627, page 19 of the Official Public Records of Brazos County, Texas, bears S 42° 33' 47" W— 1.52 feet and the centerline of the Union Pacific railroad tracks bears S 60° 20' W— 117.2 feet(perpendicular). Thence N 29° 31' 55" W — 145.02 feet, along the said northeast line of F.M. 2154 to its intersection with the northwest line of said Lot 5, also being the southeast line of Southland Street; Thence N 42° 33' 47" E— 15.76 feet, along the said northwest line of Lot 5 and southeast line of Southland Street(40 ft.R.O.W.), to the north corner of this easement tract; Thence S 29° 31' 55" E — 82.23 feet, through said Lots 5 and 4, parallel and 15.00 feet northeast of the northeast line of F.M. 2154,to an angle point in this easement tract; Thence S 35° 31' 55" E — 33.33 feet, through said Lots 3 and 2, to another angle point in this easement tract; Thence S 29° 39' 05" E—28.50 feet, through said Lots 2 and 1,to the east corner of this easement tract in the southeast line of Lot 1 and northwest line of said Hunter Estates; Thence S 42° 33' 47" W— 19.49 feet, along the said common line, to the Point of Be_' • =.�• and containing 2335 square feet of land more or less. 0 F Bearings are Texas State Plane, Central Zone, NAD83 (CORS) /fiti " ,9 kS o . datum, based on City of College Station GPS control monument 4.4110•40011000,8110•••••••410•40 no. 1 and no. 120 (N 63° 55' 14"E) HENRY P MAYO I. 'so 5045 0`,.: See separate survey plat revised July 2013. � ,,;c s syr rt. Doc Bk Vol. 'y 0121 45S OR 12362 254 Exhibit"A" ' D° M It YQ, C /� v �c@O ES y (i) o� 3 y ** � • IIiI o o c a CO o O 1.iit, i, :z. 01/4: „ ,., . E oEo(. 2.0, Ec°noEom to T ' 0 =iP1•*i►� W�1II •• • 0 L E ... 01_'23 (n4- a •' • •• , H N� o a� • 7 m a,� - .0 2.11 / a ------I „.--- d ksj C'S 0.,,," �j a)COI -M o ° / 10 N N ,co o J of i. u, 3 c o Q I I O O W moo. o \ O to 0In ..r �\ v v ��r N -0 o C a) p a°_,mM a O SMIcV NCDo N MMI of O o N ir _C CL C 1v D 3 m o o I .o o 0 ` �n � qi OO � L N 0 v) .� 0 IJN � II � o . � E � O � o w +,, > 2= o o a I d o O _ _ 0 uN Jo a N - > -0 (\I C 0 to N to °1 N CD I c OM ( ) s IN o (nom m U "' CJ �./O a O U N J m O� to Z w N ° 0_ O 0) O coM1.0 00 �I c O — Q) d i^arn am -�+ WI—L.2 v u)N u, 3 „ O O m o_o_ O - I a C) c - Li- o 4-' �I �I CN L U a, o�t o ao •Ldp cM r� o •° 0 I 0 c• o NM o I o 2.3 � o w / 1 • O O i N _ 1 > > W I N rn 21 CO 6 a:. -U o+ -4-) 0cti � - 0 TD J ti c c a) O N.-. 1g •»' o- U-0 cw a, a 15 - c° ^oa'd' T -a C ) J N 42 "otete co. m E o o in— d 0 o '°o .On_c °°ON m O a E a. O ° EEM c--3-_N °� o ° ° Q okvoc — OZ N oS 9g• N I ^RW a) ...c_'-' 3 a -� c c+. N-° o\9 { C8 \°t� ..O O a) N N Q Q � � P< JNan N E0" 0) °SDlCt ° 423 o V) E o_134. Pg 0 000 • o- a,�O °c N 3 a' a C .4' JO\' w a� a N '- O PO O ' E °cocn-0 on-c E c u7�Q C.) c c ' (:30 + 1R ,- c o x c co•-c 1 U .''....- In— O• C >. O N (U/, O• 0 a'' 0 a a) O O — a) (1) U) > 0 CO 0 0— CONO c Q 0 (.0-0 Joe Orr, Inc. Surveyors&Engineers Post Office Box 11979 College Station, TX 77842-1979 (979) 693-2777 Proposed Easement Lots 1-5, Block 2,Southland Addition Crawford Burnett league A-7 College Station,Texas 12 July 2013 All that certain tract or parcel of land lying and being situated in the Crawford Burnett league, Abstract no. 7, in College Station, Brazos County, Texas, being a strip of land five feet (5') in width, adjoining the northeast line of F.M. 2154 (Wellborn Road), across Lots 1 through 5, Block 2 of the Southland Addition as described by plat recorded in volume 134, page 423 of the Deed Records of Brazos County, Texas,and being more particularly described as follows: Beginning at the intersection of the southeast line of said Lot 1 and the northeast right-of-way line of F.M. 2154 as conveyed to the State of Texas by deed recorded in volume 171, page 181 of the Deed Records of Brazos County, Texas, from where the City of College Station 2010 GPS control monument no. 1 bears N 24° 30' 08" W — 1941.3 feet, a 1/2" iron rod found marking the west corner of William Brooks Hunter Estates, as described by plat recorded in volume 7627, page 19 of the Official Public Records of Brazos County, Texas, bears S 42° 33' 47" W— 1.52 feet and the centerline of the Union Pacific railroad tracks bears S 60° 20' W— 117.2 feet(perpendicular). Thence N 29° 31' 55" W — 145.02 feet, along the said northeast line of F.M. 2154 to its intersection with the northwest line of said Lot 5, also being the southeast line of Southland Street; Thence N 42° 33' 47" E— 15.76 feet, along the said northwest line of Lot 5 and southeast line of Southland Street(40 ft. R.O.W.), to the north corner of this easement tract; Thence S 29° 31' 55" E — 82.23 feet, through said Lots 5 and 4, parallel and 15.00 feet northeast of the northeast line of F.M. 2154, to an angle point in this easement tract; Thence S 35° 31' 55" E — 33.33 feet, through said Lots 3 and 2, to another angle point in this easement tract; Thence S 29° 39' 05" E—28.50 feet, through said Lots 2 and 1, to the east corner of this easement tract in the southeast line of Lot 1 and northwest line of said Hunter Estates; Thence S 42° 33' 47" W— 19.49 feet, along the said common line, to the Point of Be . ' .• . '. and containing 2335 square feet of land more or less. = )F /Of . sc Wiii(-°V 11'4 Bearings are Texas State Plane, Central Zone, NAD83 (CORS) 1(oft ' e ?, a datum, based on City of College Station GPS control monument /� ...t.........."...«.».1... \ no. 1 and no. 120 (N 63° 55' 14"E) HENRY P MAYO s-0'�o 5045 :: See separate survey plat revised July 2013. eI � dii`oti��gi1G+Oft W o < U) ' o r 0_U) o D c,rvm —o O_ O u`Dim CD ?�CDo —(n n -a\•1'• \ C �13 ort 0 Z� —o e _ 3 07 30Dp -' CA 3 p 3u:) 2 N oo 0 N v . 4 3 •\or` -P D v rn * m 3 G,�m -o • 0000 ,.VC-`\ Q om i! / D N C- - a ' n ----"�w• ,+D O O s m s 3 as �� -• • ° N ZO ° -p 3 0 Q. a o� o' -. 3a j rn—� N ° 3 ° 0 2 I CA D- 6 •� q,� �C°Z'b O U1 D -• 0-1 c p D m ),VP 7j,.��` a-a w _ -,3 a' m CTI "u) om I- 2 m O o ro r+ (n Tl N < < 1 00 0 n _, ° < 1� wantkot„, pogao pF Q I ° ° O ° Imem, A. WO,p N 01m N) O D U O v v .p o ,� .. m Nu) a 0 �7'� f GJ 3 O - 14.110 N U7 Gl co lQ O M °co tlgir#,, (� W O r O ° O r+Q o w N U7 cn -1 CCD � rn N r+ D N Q- o < = 0tillittai 0 Q /� _ o a sg ) - O x' NFO O I O rt Un Q ---.1 —Sm *7,0- R O� —•.+0 o OU)n - °° • ui -, F V/ O .. E F5 CA U7_.m co Q Q Q tr3 COT 3t"'-" •.`.coir ;. U1 O N Z o lQo oa ON W o `c) C.i CO 3 X Q Q Q o Q ' � "� ;(� J 7 0 Q CD D r_ N OfirgiliAlt (-P.. m a D o ,6x m D moo '' 1— o J Q_ 3 Io N N \ ---- 0_ Q_ o n� w CON ///� fl\\j / r} F _r,_JN s-.6 c° ./ alcM �V2y/�/ O s - o o a',a1 on / rn Q c m ou \o\'ao .bd 9/ / NaI _ au`.N `-O\d>j•�/ - - / ' ` o am 3N 3 m (Dg-6 ,,,t0,-.6 a "0� 0�( � • . • : P •r • r''•: '4. Ir..4" mc°o m 3� c � no o Z c03oN3ooFp_ 30 22V'Dd•2 • \ \ 'W < aoo0o c M / AAv0am29F•i �� �" o � m •oCO m Qvo *° N ovyo = = r aSSNN o�a.'8 /(t1 •rn Vf •-‹• • k\ ° c = fi c coao ° � °'�co9 o z-� t CiU) D i-0: f :". (' J� 0 (n v�a0 �� o0 ooy� n�j•{ ` :� A • i r �. 0 0-=° m rtao 3 nuc. / N. >>yX� �z.-.. '�� ��i • �. / O o Jm 030W;:ss 01 - 11 Ss H