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2013V11592P85In 3 . Bk Vol Ni 01169264 OR 11592 85 NOTICE OF C ONFIDENTIALITY 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. DATE: GRANTOR: PUBLIC UTILITY EASEMENT August 21 ,2013 MARCON INVESTMENTS, LTD., a Texas limited partnership GRANTOR'S MAILING ADDRESS: 17288 Indian Lakes Drive (including County) Brazos County College Station, Texas 77845 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: P. O. 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 5024 square feet of land, more or less, lying and being situated in College Station, Brazos County, Texas, and being a portion of Lot 2 and Lot 3, Block 3, L. O. Ball Memorial Subdivision, Phase 11, according to the Plat recorded in Volume 4110, Page 149, of the Official Records of Brazos County, Texas; said 5024 square foot tract of land 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. Page 1 0,15 EASEMENTS1Marcon InvesonentAp iblic utility easeinent.docx 08/12/2013 P 01.169264 OR 11592 86 Tract Two: All that certain tract or parcel of land containing 748 square feet of land, more or less, lying and being situated in College Station, Brazos County, Texas, and being a portion of Lot 3, BIock 3, L. O. Ball Memorial Subdivision, Phase II, according to the Plat recorded in Volume 4110, Page 149, of the Official Records of Brazos County, Texas; said 748 square foot tract of land being more particularly described by metes and bounds and shown on plat marked Exhibit B 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" 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 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 RESTRICTIONS: NONE Page 2 0:15 EASEMENTSIMarcon Invesimentslpublic utility easement doex 08/12/2013 01169264 OR 11592 87 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. MARCON INVESTMENTS, LTD., a Texas limited partnership By: MARCON INVESTMENTS MANAGEMENT, L.L.C., a Texas limited liability company BY• _l �Vlo J. NTICHAEL MARTIN, 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. APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE -SUBMISSION FOR APPROVAL. TEXAS REGIONAL BANK By: t� &-vv Print BRENTON M. BALDEEE Title: Executive VP/CLO Page 3 0.15 EASEMEA7S1Marcon Investmentslptiblic utility easement.docx 08/12/2013 THE STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS Doi_ 81, Val Pg 011692L4 OR 11592 881 This instrument was acknowledged before me on this day of IAS 2013, by J. MICHAEL MARTIN, Member of MARCON INVESTMENTS MANA EMENT, L.L.C., a Texas limited liability company, General Partner of MARCON INVESTMENTS, LTD., a Texas limited partnership, on behalf of said MARCON INVESTMENTS, LTD., a Texas limited partnership. gnurp . AMY L. CLOtlGH s , S Notary Public, State of Taxes MY Commission Expires Notary Public i4 and for the Stat f Texas aPi April 82, 2015 yrr/lil,ti THE STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF HIDALGO This instrument was acknowledged before me on this 21st day of August , 2013, by BRENTON M. BALDREE Executive VP/CLO of TEXAS REGIONAL BANK, on behalf of said TEXAS REGIONAL BANK. SARA L. TIPPIT Notary Public STATE OF TEXAS My Ctanm, Exp. June 2. 2014 PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842-9960 Page 4 � 4 Notary Public in and for the State of Texas AFTER RECORDING, RETURN TO: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842-9960 0:15 EASEMENTSWarcon Iniestmentslpublic Wility easement.doex 08/12/2013 EXHIBIT A 110c: ek Val po 0116926k OR 11.592 8? METES AND BOUNDS DESCRIPTION OF A 15' PUBLIC UTILITY EASEMENT L. O. BALL MEMORIAL SUBDIVISION, PHASE H COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF A 10.00 FOOT WIDE PUBLIC UTILITY EASEMENT LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING A PORTION OF LOT 2 AND LOT 3, BLOCK 3, L. 0. BALL MEMORIAL SUBDIVISION, PHASE Il, ACCORDING TO THEPLAT RECORDED IN -VOLUME 4110, PAGE 149 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCINGAT A POINT MARKING THE SOUTHEAST CORNER OF SAID LOT 3 AND THE SOUTHWEST CORNER OF LOT 4, BLOCK 3; THENCE: N 33'40'49" 13 ALONG THE COMMON LINE OF SAIDLOT 3 AND LOT 4 FORADISTANCE OF 15,00 FEET TO THE NORTHERLY LINE OF AN EXISTING 15.00 FOOT WIDE PUBLIC ACCESS AND UTILITY EASEMENT AND THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT, SAID POINT MARKING THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 185,00 FEET; TIIENCE: THROUGH SAID LOT 3 AND LOT 2 FOR THE FOLLOWING CALLS: ALONG SAID CURVE THROUGH CENTRAL ANGLE OF 04.39'03 11 FOR AN ARC DISTANCE OF 15.02 FEET (CHORD BEARS: S 58'38'44" W -15.01 FEET) TO THE END OF SAID CURVE; N 33° 40' 49"}TIT, 15.00 FEET FROM AND PARALLEL TO THE COMMON LINE OF SAIDLOT 3 AND LOT 4, FOR A DISTANCE OF 94.22 FEET; N 56° 19' 11" E FORA DISTANCE OF 1.00 FEET; N 33° 40' 49" W, 14.00 FEET FROM AND PARALLEL TO THE COMMON LINE OF SAID LOT 3 ANDLOT 4, FOR A DISTANCE OF 32.03 FEET; S 560 19' 11" W FOR A DISTANCE OF 1.00 FEET; N 330 40'49" W, 15.00 FEET FROM AND PARALLEL TO THE COMMON LINE OF SAID LOT 3 AND LOT 4, FOR A DISTANCE OF 33.24 FEET; S 580 09'07" W FOR A DISTANCE OF 154.65 FEET; N 330 06'11" W FOR A DISTANCE OF 22.67 FRET; N 560 53'49" E FOR A DISTANCE OF 15.00 FEET, S 33° 06' 11" E FOR A DISTANCE OF 8.00 FEET; N 580 09'07" E FORA DISTANCE OF 154.50 FEET TO THE COMMON LINE OF SAID LOT 3 AND LOT 4; THENCE- S 33140'4911 R ALONG THE COMMON LINE OF SAID LOT 3 AND LOT 4 FORA DISTANCE OF 174.62 FEET TO THE POINT OF BEGINNING CONTAINING 5024 SQUAD FEET OF MORE ORLESS. BRARING SYSTEM SHOWN HEREIN IS BASED ON THE PLAT CALL BEARINGS OF L. 0. BALL MEM L, UBDIVISION, PHASE If, 41101149. BRAD KERR REGISTERED PROFESSIONAL •(� 060 *0.LAND � PJC MAABB/I Osz.MAB 02 �'��¢�` ° ST T W0 BRAD KERR oeR ►aosoocoaoew• e�,AA 4502 Doc Bk* Val Fg 01169: 64 OR 1159 irk EXHIBIT A ZMITom o 0 ' \ aN \ wZ=zv;zzca W Cr1 a" WMU0 n �' �79Y C �\ oc�iEo 6 fi z CFO 01 i�p :com. (/} [per} M 0 - K: K: M-0 \/ �7 \ /' ISIMZE `�*{m ZMO c(6 mgr ga�� QIs�O;=.�C. ���\/} -YjZ �J � p 140 all W-UIEUR wm� 3a�'Nwa C7ITEC�� \ z C 00\ -U;P-\ m i' A Off,! G� \ W�/' m \ p z Us MM r'' As W ' W i'"r Mooj'U po2l A yyy Q Q .7i N tl cpZO �� � Q°tel x� FI cop 1 � t 1 6 c ` 1 � �i�y N a � e r7i♦ • •be y �e(.• 1 00 J $ 5'V C DC7 -a p m M [� M S €€ CEJ 0OVpC� 1€ � f z \\ Z O o; cn o N \ Gj 'n o C ` \ 4 z \ \ i EXHIBIT B Doc B k Vol P0 € 1169264 OR 11592 91 METES AND BOUNDS DESCRIPTION OFA IQ' PUBLIC UTILITY CASEMENT L. O. BALL MEMORIAL SUBDIVISION, FUME H COLLEGE STATION, BRAZOSCOUNTY,TEXAS METES AND BOUNDS DESCRIPTION OF A 10.00 FOOT WIDE PUBLIC UTILITY EASEMENT LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, SAID EASEMENTBEINGAPORTIONOFLOT 3,BLOCK 3, L. O. BALL MEMORIAL SUBDIVISION, PHASE 11, ACCORDING TO THE PLAT RECORDED IN VOLUME 4110, PAGE 149 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; COMMENCING AT A POINT ON THE SOUTHEAST LINE OF ROCK PRAIRIE ROAD (80' R,O.W.) MARKING THE NORTHEAST CORNER OF SAID LOT 3 AND THE NORTHWEST CORNER OF LOT 4, BLOCK 3; THENCE: S 33'40'49" E ALONG THE COMMON LIME OF SAID LOT 3 AND LOT 4 FORA DISTANCE OF 20.01 FEET TO THE SOUTHEAST LINE OF AN EXISTING 20.00 FOOT WIDE PUBLIC UTILITY BASEMENT AND THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT,- THENCE: RACT;THENCE: S 33' 40'49" E CONTINUING ALONG THE COMMON LINE OF SAID LOT 3 AND LOT 4 FOR ADISTANCE OF 74,78 FEET TO THE NORTHWEST LINE OF A PROPOSED 15A0 FOOT WIDE PUBLIC UTILITY EASEMENT; THENCE: S 58° -09' •07" W THROUGH SAID •LOT 3 'AND ALONG =THE,NORTHWEST 11NE-OF SAID -PROP 0SED EASEMENT FOR A DISTANCE OF 10.01 FEET; THENCE: N 330 40'49" W CONTINUING THROUGH SAID LOT 3, 10.00 FEET FROMANDPARALLEL TO THE COMMON 'LINE OF SAID LOT 3 AND LOT 4, FORA DISTANCE OF 74.72 FEET TO THE SOUTHEAST LIMB OF SAID EXISTING 20.00 FOOT PUBLIC UTILITY EASEMENT; THE, NCE: N -57° SFT 32" B CONTiNIJIt`IG THROUGH SAID'LiOT 3 AND ALONG THE -SOU HEAAST UINE'OF `SAID EX[STING EASEMENT FORA DISTANCE OF 10.00 FEET TO THE EOINT OY BEGINNING CONTAINING748 SQUARE FEET OF LAND, MORE OR LESS. BEARING SYSTEM SHOWN REIN IS BASED ON THE PLAT CALL BEARINGS OF L, 0. BALL MEMORIAL SUBDIVISION, PHASE IT, 41101149. BRAD 10ERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 pF TF .�CS� gp;Ogoga6gggagOggOa0e00a D:1W0RK&4ABf13-512A.MAB aagagBRA[) oaRRgaaego 4 p 1102 Win° 0 l . - v" oC � 1 41. to V a o m8WC cin za p Amo c mcup, Ac7 C C � 3. oNi Y rn � W (A L4 -U CU (A -q `D IA N N w �� r 0M b � tD - m rs p CA m Z M�4 29 b N � mo zQ RIM Az o 1. p OX Z �pZz Y 06 GAz w w V Z4 Z-0 0 � Doc Bk Val PI 01169264 OR 115?2 92