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2014V11915P266Doc -1188213 Bk -OR N-11915 Pg -286 **** Electronically Filed Document **** Brazos County, TX Karen McQueen County Clerk Document Number: 2014-1188213 Recorded As : ERX-RECORDINGS Recorded On: Recorded At: Number of Pages: Book-VI/Pg: Recording Fee: Parties: Receipt Number: Processed By: March 26, 2014 12:31:65 pm 7 Bk -OR VI -11916 Pg -266 $44.00 Direct- Indirect - 603609 Susie Cohen ************ THIS PAGE IS PART OF THE INSTRUMENT Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. �epm I hereby certify that this instrument was filed on the date and time ,cam stamped hereon by me and was duly recorded in the volume and page g of the Official Public records of BRAZOS COUNTY, TEXAS �� Honorable Karen McQueen, County Clerk, Brazos County Doc -1188213 Sk-OR VI -11916 Pg -287 NOTICE OF CONMDENTLALITY RIGHTS: Ile YOU ARI,' A NATURAL PERSON, YOU MAY REMOVE OR STR.II(EANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPER'T'Y BEFORE IT IS .PILED .FOR RECORD IN THE PUBLIC RE,ECORDS: YOUR SOCIAL SECURITY NUMBER. OR YOUR DRIVER'S LICENSE NUMBER. IWYY.ISI.�tuff�mmU� ►I 11 DATEI GRANT'OR, LINDA PRAYTOR GRAN1'OR'S MAILING ADDRESS: 7005 hack Prairie Rd. Brazos County College Station, Texas 77845.5967 GRANTEE: CITY OF COILLEOE STATION, TEXAS GRANTEE'S MAILING ADDRESS: P.O. ©ox 9960 Brazos County College Station, Texas 77842 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration. PROPERTY: That certain 0.201 acre tract or parcel of land, lying and being situated in tha. TI-10MAS CARI.ITHERS LEAGUE, Abstract No, 9, Collcge Station, Brazos County, Texas, being a part of that 10,02 acre tract conveyed to Linda Praytor by deed moorded in Volume 10018, Page 74, Offioial Records of Brazos County, Texas, being a strip of land, 20 feet in width, lying along and adjoining the proposed northeast right -of way line (115' width) of hock Prairie Road and being more particularly described on Exhibit W attached hereto and mado a part hereof. Pa$p 1 0; I!Z PROJLG"75'6wak p;wfrla rn<danrt midnmug- U/rJpn»d IaJ]rcN{/7• pr U tor• durr4i di11a lalloy eaeamom.dacx Doc4188213 Bk -OR VI -11915 Pg -298 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 additional area outside the Easement Area necessary to install and attach equipment, guy wires, and anchors 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: 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 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 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 EXCEPTIONS: 1. Right -of -Way Easement from 1. B. Todd to Humble Pipeline Company, dated July 23, 1919, recorded in Volume 49, page 44, Deed Records of Brazos County, Texas. (Blanket). 2. Right -of -Way Easement from 1. B. Todd to the City of Bryan, dated April 15, 1937, recorded in Volume 98, page 81, Deed Records of Brazos County, Texas. (Blanket). 3. Mineral Interest in peed from Jose A. Grimaldo, of ux to Marshall C. Durr, of ux, dated December 20, 1978, recorded in Volume 414, page 238, peed Records of Brazos County, Texas. 4. Mineral Deed from Jose A. Grimaldo, et ux to Felix Torres, dated July 10, 1981, recorded in Volume $02, page 550, Deed Records of Brazos County, Texas, Page 2 0Al2PR01EC ackpalrleroadeaenvldentng•birdpondroJireld!9-pnVtor-durripubtle allllryeaeenienWeav Doc -1188213 Bk -OR Na -11915 Pg -289 5.. Terms and conditions contained in Partial Surface'Waiver executed by Felix Torres, dated March 5,2014, recorded in Volume 11883, page 228, Official Records of Brazos County, Texas. 6. Oil & Gas Lease. from Marshall C. Durr, et ux to Galaxy0il Company, dated September 1; 1981, recorded in Volume 69, page, 797, O & GL Records of Brazos County, Texas. TO HAVE. AND .TO HOLD, the rights and interests herein dcscribed unto.the CITY OF COLLEGE STATION, TEXAS, and her successors and assigns, forever, and Grantor does hereby bind herself, her heirs, executors, and administrators to warrant and forever defend, all and singular, these rights and interests unto the.CITY OF COLLEGE STA'T'ION, TEXAS, and its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. �& LINDA PRAY' 4R T .APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE, CHANGED WI'T'HOUT RE -SUBMISSION FOR APPROVAL. / City Attorney THE STATE OF.TEXAS ACKNOWLEDGMENT COUNTY OF This instrument was aoRowledged'before meon this day of 201.4, by Linda Praytor. A00,r"`t AL4ISON STROPS MYCOMMISSIONEXPIRES �e�y { March 29, 2017 &otPetindr the State of Texas Page 3 Q:111 PRQ7FC2SWoekprnivic road east,vtdenlug -bird pond rofildill7- pro for gdurr�pu6Bc nallry sasanient.doox Dae -1188213 Bk -OR VI -11915 P9-270 TREPARED IN.TIIE O r I CE OF: City of College Station Legal Department .P.O. Box 9960 College Siation, TX 77842-9960 iuLt-7ao AFTER RECORDING, RETURN TO: City of College Station. Legal .Deparlmetit P.O. Box 9960 College Station,, TX77842.9960 Page 4 .0:112 P1t0J9C7V1rock pra7Ne road east videning • bfrdpanrl toJltcFdl7- praytur • darw{nrrb!/c tnlflry easenrent,docx Doc -1188213 Sk-OR IA -11915 Pg -271 Exhibit "A" Joe Orr, Inc. SY&Y* i k 9vMWO 2167 Post Oak Circle College Station, TX 77845 (979) 693.2777 Rook Naldo Read But Proposed 20' Basement WaytorTmot Thomas Caruthers League College Station, Texas 20 August 2012 All that certain tract or parcel of land lying and being situated in the Thomas Car6thers League, Abstract No. 9, in College Station, Brazos County, Texas, being a part of that 10.02 ane tract ' .... 004VOYed-to "Linda P raytdr'by'deed recorded•'iq"Voltm7;d'10018, Page 743f't6a"U£0eia1 kubllL'--`._..._. Records of Brazos County, Texas, being a strip of land, 20 feet in width; lying along and 4oltl ag the proposed northeast right-of-way Duo (115, wide). of hock Prairie Road and being morn particularly described as follows; Beginning at the southeast comer of this oasentent tract, in the line -between the said Praytor tract and that 3.37 acro tract conveyed to Nita Marlene Holliday by deed recorded in Volume 4148, Page 164 of the Oft'lal Public ko;ords of Brazos County, Texas, from whaft a W iron rod found at the common corner of said tract"s in (ho northeast line of tha,odsdagprescmiptivo rjklk"f-wary of'Rack Prairie Road bears q 18° 23' 03" W - 2953 feet, and a %a' -iron rod with.an orange plastic cap. stamped 413.P. Mayo RPLS 5045" $at is 2007 bears N 18° 23' 03" B -2,§ 1 feet. Thence N 760 28' 02" W - 441.36 firer, through the said Praytor tract, to the southwest conger of this e,asoment tract in the line between the said Praytor tract and that L41 acre tract oonveyed to Roger Pompa and olio, Nancy Pompa by deed recorded Ju Volume 448, Page 236 of the hoed Records of Brazos County, Texas, from, wb= the common corner of the goad tracts befrs S 350 50' 11" W-31.19 feet in the aaidnortheast line, of RoolcPrairle Road, and a'/m" iron rod with an orange plastic cap stamped "I1.P. Mayo ULS 504.5" set ]n 2007 bears N 35' 50' 11" 8-2.70feet; ence i� 35° 3d'I!'r-9 - 21:2 feet; aiong�t ie m'�e betweeti't6e sa'i�iloot find tiro"" ems" Pompa tract, to the northwest corner oftbis easement tract; Thence S 764 28' 02" R - 434.85 feet, through the said Praytor tract, 0 the northeast comer of this easement tract is the line between the said Praytor tract and the said Holliday tract; Thence S 180 23' 03" W - 20.07 feat, along the line between &e said Pruytorand Holliday tracts, to the Print of Beg4wing and eontaioWg 0.201 acres of land more or leas. Bearings aro Teams State Plane, Central Zone NAt183 (1986) datum, based on 1994 City of Collage, Station ON monument nos, 140 and 130 (N 890 35' 06" W). See attached survey plat tevised 2012. Doc -1188213 Bk -011 V141915 Pg -272 Exhibit "A" SURVBXOFSSbWQW66AS ca9evo alk", roxas 17M FebYua 2007 (679)898.2777 eostna¢verFionnof Yy mmn.a,aawa�°inrorrasnatcrmm�ra� rf+ Rev. Aug. 2012 0 80 100 200 Foat / V /I *°* u°on""00an*naCeaeaaA°oaa loon° NENkY 7.NN,Yb Bearings aro Texas State Piano, Central $qA5 Ay*dr Zona NA0831980) datum, based on \ '`O+ QA 1994 City of C5 CPS control. monument \ M��r *;; ; r"y0f� • no. 148 and no. 130 (N 89°35'06"W}. �o"y�d o u See separate metes and bounds p „a$+d, description prepared with this plot, a' \ Notes All existing easements and utilities\\ \ fi `✓0 -Thto is Prosed 20' easement as IWde toRigto u aro not shown on this Piot, •��\\ \ \ a.� t X *Iron rods get In 2007 were not moved \, to the proposed t18' RAAY. linea, 0 \\e/6In �a4 See sopamta Rray.O.W, Parcel plat, M 6asemont Notes, 8/2012 ' \ found ra \ Linda Ptor I. The rea6Rer unit easement to Humble • PIP° une Cor In'vah 2.12—P9r8SHs,_....\" ... \ .. ...... \. ...... .1.Q,a2,. tl.OY.aB ... .. . not dosodbed within tho Naylor treat.\ \\ol. 10018, Pg, 74 2, The 670 Pawedine along Rask prairie \ Rand Is mored by the 20' Easement \ \ \ hg M vat, 98, pg. 81,' ','�, \ pr aob�go' b� \\"��\ 'r6a \\ W o 19 04� at do 1 �\�,° qh\\ "r+Jo+mor \\ NNa Modena ,�d'' wow \'6.•"s\� IPJ\or \ \ 3,37blacres Vol. 4148, Pg. 164 �Proposed Vol. 4623, P9. 264 20' Easement ry. 0,201 acres \\\\\ \ N7 ..• s•av+r,:.:,;,.,,...: .'"":,•:?-;Zg'02" I mWbr°'aa \ rY •t„�''4�'w axea�v�w, '�.::..:...,�..,::•"`�•:. ` 43'4.85' 'e°"r*° �o♦ �� \ \\'esi�taoa ` ' proPaB° 119' R,O.W, Rank Pr n' \ nfrleP.o,6 Rand Net*; The south corner of o \ City of Collage Station this carport roof Is 111”` 66.32 acres 0.3 feet Inside of the Vol. 4480. Pg, 135 rqp. 20' easement. " -- City of College Station / Revislons; 11/2010 1.81 00. & 0.07 ac. Proposed R.a,W, width Vol. 9382, Pg. 234 chmilad.from 120' to 115'. Vol. 6362, Pg, 208 / \ *IRON RODS SET IN 2007> Brazos Valley Solid Waste WERE NOT MOVED TO THE Proposed 20 Easement / Man o ament Agency PROPOSED 115' LWE. Pro tar Tract 71.t7 cares Revislons: 8/2012 y Vol. 1238, Pg, 69 Existing Powedlne, Pipelines Thomas Caruthers League A-9 and Eodement Notes added. Ownerships updated. College Station, Texas NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKEANY 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: ( �(A (✓\ GRANTOR: LINDA PRAYTOR GRANTOR'S MAILING ADDRESS: 7005 Rock Prairie Rd. Brazos County College Station, Texas 77845-5967 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: P.O. Box 9960 Brazos County College Station, Texas 77842 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration. PROPERTY: That certain 0.201 acre tract or parcel of land, lying and being situated in the THOMAS CARUTHERS LEAGUE, Abstract No. 9, College Station, Brazos County, Texas, being a part of that 10.02 acre tract conveyed to Linda Praytor by deed recorded in Volume 10018, Page 74, Official Records of Brazos County, Texas, being a strip of land, 20 feet in width, lying along and adjoining the proposed northeast right-of-way line (115' width) of Rock Prairie Road and being more particularly described on Exhibit "A" attached hereto and made a part hereof. Page 1 0. U2 PROJEC7Wrock prairie road east ividening - bird pond to filch117- p Wtor• - dutr1pub7ic utility easentent.docx 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 additional area outside the Easement Area necessary to install and attach equipment, guy wires, and anchors 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: 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 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 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 EXCEPTIONS: I. Right -of -Way Easement from I. B. Todd to Humble Pipeline Company, dated July 23, 1919, recorded in Volume 49, page 44, Deed Records of Brazos County, Texas. (Blanket). 2. Right -of -Way Easement from I. B. Todd to the City of Bryan, dated April 15, 1937, recorded in Volume 98, page 81, Deed Records of Brazos County, Texas. (Blanket). 3. Mineral Interest in Deed from Jose A. Grimaldo, et ux to Marshall C. Durr, et ux, dated December 20, 1978, recorded in Volume 414, page 238, Deed Records of Brazos County, Texas. 4. Mineral Deed from Jose A. Grimaldo, et ux to Felix Torres, dated July 10, 1981, recorded in Volume 502, page 550, Deed Records of Brazos County, Texas. Page 2 0:112 PROJECM ock prairie road east widening - bird pond to fitchW - praytor - durrlpublic utility easement.doc 5. Terms and conditions contained in Partial Surface Waiver executed by Felix Torres, dated March 5, 2014, recorded in Volume 11883, page 228, Official Records of Brazos County, Texas. 6. Oil & Gas Lease from Marshall C. Durr, et ux to Galaxy Oil Company, dated September 1, 1981, recorded in Volume 69, page 797, O & GL Records of Brazos County, Texas. TO HAVE AND TO HOLD, the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and her successors and assigns, forever, and Grantor does hereby bind herself, her heirs, executors and administrators 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. LINDA PRAYTo / APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE -SUBMISSION FOR APPROVAL. Alla J u City Attorney THE STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF This instrument was acknowledged before me on this day of 2014, by Linda Praytor. ALLISON STROPE r� m. MY COMMISSION EXPIRES March 29, 2017 of Pa ie and for the State of Texas _ � i Page 3 0:112 PROJEC7SIrockprairie road east widening - bird pond to fitch117 - prayior - durrlpublic utilityeasentent.docx PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842-9960 N(4 -113u Page 4 AFTER RECORDING, RETURN TO: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842-9960 0:112 PROJECM ock prairie road east widening - Gird pond to fitcA117 - praytor - dualpublic ntiBty easetnencdocx Exhibit "A" Joe Q rr� Inc. ' &Y"eyon & Engineers 2167 Post Oak Circle College Station, TX 77845 (979)693-2777 Rook Prairie Road Bast Proposed 20' Easement Praytor Tract Thomas Caruthers League College Station, Texas 20 August 2012 All that certain tract or parcel of land lying and being situated in the Thomas Caruthers League, Abstract No. 9, in College Station, Brazos County, Texas, being a part of that 10.02 acre tract cai)Wya to Linda Praytor-by deed recorded"iti Volnuie 10018, Page'74 o£"the Official Public""`" Records of Brazos County, Texas, being a strip of land, 20 feet in width, Iyiug along and adjoining the proposed northeast right-of-way line (115' wide). of Rock Prairie Road and being more particularly described as follows; Beginning at the southeast corner of this easement tract, lei the line between the said Praytor tract and that 3.37 acre tract conveyed to Nita Marlene Holliday by deed recorded in Volume 4148, Page 164 of the Official Public Records of Brazes County, Texas, from where a %s" iron rod found at the common corner of said tracts in the northeast line of the. existing prescriptive right-of-way of Rock Prairie Road bears S 18° 23' 03" W -- 29.53 feet, and a W' iron rod with.an orange plastic cap_ stamped "F3_P. Mayo RPLS 5045" set iu 2007 bears N 180 23' 033'E -23t feet. Thence N 76° 28' 02" W — 441.36 feet, through the said Praytor tract, to the southwest comer of this easement tract in the line between the said Praytor tract and that 1.41 acre tract conveyed to Roger Porapa and wife, Nancy Pompa by deed recorded in Volume 448, Page 236 of the Deed Records of Brazos County, Texas, from where the cotamon comer of the said tracts beat's S 350 50' 11" W — 31.19 feet in the said northeast line of Rock Prairie Road, and a M? iron rod with an orange plastic cap stamped "i1.P.Mayo RPLS 5045" set in 2007 bcars N 35' 50' 11" E— 2.70 fect; Thence N 35° 50' 11" E — 21.62 feel, along the tine between the sa=d —Praytor—tract and the said Pampa tract, to the northwest corner of this easement tract; Thence S 76° 28' 02" E — 434.85 feet, through the said Praytor tract, to the northeast corner of this easement tract in the line between the said Praytor tract and the said Holliday tract; Thence S 18° 23' 03" W — 20.07 feet, along the, line between the said Praytor and Holliday tracts, to the Point of Beginning and containing 0.201 acres of land more or less- „ Bearings are Texas State Plane, Central Zone NAD93 (1986) datum, based on 1994 City of College Station GPS J H monument nos. 148 and 130 (N 890 35' O6" VV).°> a.....°W�.:. h€ntar P ri See attached survey plat revised 2012. \ moi, 5045 Exhibit "A" UE ® , INC SURVEYORS & EvOl ill rdis 2167 Post oak Circle College Slstion, Texas 77845 February 2007 zyrwme2� laosboolm�naF Rev. Aug. 2012 0 0 50 100 200 Fee' Bearings are Texas State Plane, Central o`��o Zone NAD83(1986) datum, based on 1994 City of CS GPS control, monument no. 148 and no, 130 (N 891'35'01. See separate metes and bounds description prepared with this plat. ^Jo\ e) Notes: All existing easements and utilities \ \ 4V - -This proposed 20' casement is contiguous \ to the proposed 115' wide Right -of -Way. are not shown on this plat. \\\\ \ * Oron rods set In 2007 were not moved ` \ \l \ o \ to the proposed 115' KO.W. lines. , See separate R.O.W. Parcel plat, 9 1. The re Notes: it ease \ \\\\\r2 \\ Linda Praytor i. The rectifier unit easement g Humble P1Pc Llne Co: � in'voh: 222,,-'pg-i'� not described within the Praytor track\ ` \\\ \ VOA. 70018, Pg, 74 2. The BTU power6ne along Rack Prairie e Road is covered by the 20' Easement+\ In vol. 88. Pg. 81. ® aVV �aa`pe\ o2 \, R`9 ail' d'\eo�Nita Marlene Q- �.aysy�o\o, \ + Holliday 3,37 acres ao cCv �ry Vol. 4148, Pg. 7 Vol. 4623, Pg. °d Proposed \\ \ \ M��ti 20'o.2oas�ernent creq _F Tendo 44i.3. I Proposed 719• sea tn_Pnk tA�IN teR'�3"as _ R.O.W. tjO Pow¢Nine , b0l 7en� .. ehep w °k prairie fastV� Roq� �\ -. _ ... City of College Station 66.32 acres Vol. 4480, Pg. 135 Revisions: 11/2010 Proposed R.O.W. width chahged.trom 120' to 115'. *IRON RODS SET IN 2007 WERE NOT MOVED TO THE PROPOSED 115' LINE Revisions: 8/2012 Existing Powarline, Pipelines and Easement Notes added. Ownerships updated. The south corner of this carport roof is 0.3 feet inside of the prop. 20' easement - City of College Station 1.81 ao. & 0.07 ac. Vol. 6382, Pg. 234 Vol. 6362, Pg, 208 Proposed 20' Easement Praytor Tract Thomas Caruthers League College Station, Texas me Brazos Volley Solid Waste Management Agency 75.17 acres Vol. 1235, Pg. 59