Loading...
Temporary Blanket Utlity Easement 4-0# xee �4 CITY OF COLLEGE STATION MEMORANDUM TO: Bridgette George, Assistant Development Review Manager Development Services FROM: Brenda Godfrey, Legal Assistant, Legal Department SUBJECT: Temporary Blanket Utility Easement — BWW DEVELOPMENT GROUP, L.P. Lot 3C -R, Block "V ", Replat of Lots 3C and 3D of Block "V ", University Park Phase II, City of College Station, according to plat thereof recorded in Volume 5925, Page 127, of the Official Records of Brazos County, Texas. DATE: March 15, 2005 Enclosed for your file is a copy of the Temporary Blanket Utility Easement dated October 8, 2004, from BWW DEVELOPMENT GROUP, L.P. to City of College Station, Texas, recorded in Volume 6399, Page 203, of the Official Records of Brazos County, Texas. Thanks, 1 Brenda Legal Department P.O. BOX 9960 • 1101 TEXAS AVENUE COLLEGE STATION • TEXAS • 77842 TEL 979.764.3507 • FAX. 979.764 -3481 www.cstx.gov Doc O Vol 9 OR 63 203 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE 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 TEMPORARY BLANKET UTILITY EASEMENT DATE: 04 be,2 , 2004 GRANTOR: BWW DEVELOPMENT GROUP, L.P., a Texas Limited Partnership GRANTOR'S MAILING ADDRESS: 500 W. Illinois, Suite 240 (including county) Midland County Midland, Texas 79701 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue (including county) Brazos County College Station, Texas 77842 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration PROPERTY: All that certain parcel of land being Lot 3C -R, Block "V ", Replat of Lots 3C and 3D of Block "V ", University Park Phase II, City of College Station, according to plat thereof recorded in Volume 5925, Page 127, of the Official Records of Brazos County, Texas. Being the same property described in Correction Special Warranty Deed with Vendor's Lien dated March 22, 2004, from James H. Woods to BWW Development Group, L.P., recorded in Volume 6106, Page 30, of the Official Records of Brazos County, Texas. ESTATE GRANTED: 1. GRANTOR grants to GRANTEE an undefined or "blanket" easement for various utilities, to be restricted hereafter to the as-built 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 and remove all utility facilities, including conduits, duct lines, vaults, fittings, appliances and equipment, under the above - described property. 1 bg/legal...group(o) /easements/bww devel opment /temporaryblanketutiliryeasem ent.doc 09/20/1004 Doc OR Vol 9 63 204 RESERVATIONS AND RESTRICTIONS: This conveyance is only of 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 vehicular 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 utility service, equipment, and facilities. The "As Built" survey or plat shall delineate a proposed permanent easement area to enable GRANTEE to maintain, repair, rebuild, and operate the equipment described in paragraph number 2 above, and GRANTEE 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 that the right of GRANTEE shall be superior to those of all persons claiming under or through GRANTOR but not otherwise. BWW DEVELOPMENT GROUP, L.P. A Texas Limited Partnership By: LEECO PROPERTIES, INC., General Partner of BWW 1, d ELOPMENT GROUP, L.P. By: if TARRY G. LEE, President of Leeco Properties, Inc., General Partner of BWW Development Group, L.P. 2 bg /legal...group(o) /easements/bww devel opment/ temporaryb lanketutilityeasement.doc 09/20/1004 Doc Bk Vol Pg 00875605 OR 6399 205 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. STATE NATIONAL BANK By: / Printed Name: MARA $AR i4Arn Title: ' R. vice PREs/ D t AJT APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SUBMISSION FOR APPROVAL. City Attorney THE STATE OF TEXAS § ACKNOWLEDGMENT COUNTY Of d li § r This instrument was acknowledged before me on the 0 day of 00_14110 , 2004, by LARRY G. LEE, President of LEECO PROPERTIES, INC., General Partner of BWW DEVELOPMENT GROUP, L.P., a Texas Limited Partnership, on behalf of said limited Partnership. s TAMMY R. BROWN I ,/ / /IL. -. AL, ∎ '" MY COMMISSION 25, EXPIRE I + ot. r ' ublic in and • e State of Texas � .. ; x ' Novembe 200E AFB. THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF Ea or § This instrument was acknowledged before me on the 12 +11 day of Od -Ober 2004, by Mani, Bart h , m , SVP of STATE NATIONAL BANK, on behalf of said STATE NATIONAL BANK. • y� 1?I ;* Not. 'ublic in and the State of Texas PREPARED IN THE OFFICE OF: RETURN ORIGINAL DOCUMENT -TO: City of College Station City of co11ete Legal Department Legal Dent o F P.O. Box 9960 11 P.O. Bac 91terf n g o +, College Station, Texas 77842 -9960 ColFg i as 7784 -960 � 'a �. o Fig oft c. gl E. nl ° 4 � ' bg/legal...group(o)/easements/bww development/temporaryblank tilityeasement.doc 09/20/2004 i