Loading...
1985V797P694 i '. k it Es.a5 Jun 13 Fn 2: 52 3 EASEMENT �� '� U THE STATE OF TEXAS " '*'ll' '""1": r '' Fi K EfV E (q,'' ' ' �� N1, L MEN BY THESE PRESENTS : COUNTY OF BRAZOS /l-t� ; r.Vi' l >" -_, ii THAT I , RAYMOND S. LISTER, JR. , of Harris County, Texas , hereinafter called "Grantor" , for and in consideration of the public necessity and need for the hereinafter mentioned easement , have GIVEN, GRANTED, and CONVEYED and by these presents do hereby GIVE, GRANT, and CONVEY unto the City of College Station , Texas , a home rule municipal corporation in Brazos County, Texas, here- inafter called "Grantee" a permanent easement ( the "Easement" ) to be used for the purposes of the construction, removing , main- taining, servicing and replacing of water and sewer lines and re- lated equipment, in, under, along and across those certain tracts or parcels of land described in Exhibits A, B, C, D, E, and F attached hereto . Grantor hereby makes this grant and Grantee accepts same subject to the following terms, reservations, conditions, cove- nants , limitations and exceptions , to-wit : ( 1 ) Grantee shall not have any rights whatsoever with respect to any premises of Grantor outside the bound- aries of the Easement; ( 2) Grantee shall not construct , build, install , main- tain or have or permit any above ground structures, facilities , apparatus , lines , equipment or appurte- nances to any thereof , of any kind or character, on or within the boundaries of the Easement; ( 3 ) Grantee agrees that at all times during its construc- tion on the Easement , Grantee shall conduct such con- struction so that Grantor may at all times have rea- sonable access to all portions of Grantor' s land and/or to public lands which may be separated by the Easement and Grantee agrees to keep the Easement clean from any debris thereon resulting from or aris- ing out of Grantee' s acts and operations thereon; 7 ryZ(Ady VOL 1 - 7- �- ,, -,1 '7855 - - .i.- ' • ( 4) During or immediately after any construction, recon- struction, operation, maintenance, repairing or re- moval operations by Grantee on the Easement , Grantee will smooth, level , fill and compact to at least eighty-five (85%) percent of the original density of the sub-surface condition, and to smooth the Easement to such a degree that it may be easily mowed and/or if there are improvements on the Easement, to restore the improvements thereon to their original condition; ( 5 ) Grantor reserves to Grantor , Grantor' s heirs , succes- sors and/or assigns , the right and privilege to con- struct, place, lay, maintain, inspect, protect , oper- ate, repair, alter, substitute , replace and remove fences, ditches, drainage facilities, sidewalks and parking lots constructed of any material and utility lines on, over, under, through and across the Ease- ment provided such improvements shall not be built or constructed in such a manner so as to damage any of the facilities of Grantee then properly located on the Easement, and additionally provided that such uses are only permitted if they do not create an unreasonable risk or hazard . In the event any such improvements are so placed on the Easement by Grantor and all or any portion of such improvements are at any time thereafter damaged, injured or destroyed in any manner whatsoever by Grantee, Grantee agrees, at Grantee' s expense and cost , to repair or replace said improvements promptly to as good or better condition as same were in immediately prior to any such damage , injury or destruction . In the event that Grantor places any structure over the Easement area than ditches, fences, landscaping , � other drainage facili- ties , parking lots or sidewalks , then Grantee will not be responsible for the repair or replacement of 2 VI 797 PAG r.I f 95 any structure. Grantor shall have the responsibility to remove all vehicles and other objects from the Easement area; failure to do so shall be considered a denial of access ; ( 6 ) Grantee indemnifies and agrees to hold Grantor harm- less of and from any and all claims , demands, costs , expenses ( including court costs and attorney' s fees) , damages, losses or suits for damages arising from injury to persons ( including death) , or loss of or damage to any property or improvements incident thereto, proximately caused by the use and occupancy by Grantee, its employees or any other person acting under its direction, on the Easement; ( 7 ) This grant is subject to all and singular the terms , provisions and conditions of any easements , restric- tions, reservations or other matters affecting title to the Easement; ( 8 ) Should Grantee abandon or discontinue use of the easement area for the purposes herein granted , Grantor may at any time thereafter give written notice to Grantee providing for termination of the easement herein granted upon the expiration of thirty ( 30) days from the date of receipt of such notice . In the event that Grantee does not within said thirty ( 30 ) day period undertake to reinstitute or continue use of the easement area for the purposes herein granted, this Easement shall terminate and shall become of no force and effect , without further action on the part of Grantor or Grantee; and , ( 9) In addition to the rights reserved by Grantor, Grantor shall also have the right to use and enjoy the Easement for any purpose whatsoever which does not unreasonably interfere with the use thereof by Grantee for the purposes for which the Easement is 797F;1. 696 - 3 - fi granted, including specifically the right to land- scape the easement area, except that Grantor will not plant trees on the Easement. ( 10 ) In the event that Grantor denies Grantee access to the easement area for the purpose of repair , replace- ment, or other service then Grantee shall have the right to terminate all utility service to the prop- erty as authorized by the Code of Ordinances of the City of College Station. TO HAVE AND TO HOLD the Easement, together with all and singular the rights and appurtenances thereto in anywise belong- ing unto said Grantee, its successors and assigns forever, and Grantor does hereby bind himself , his heirs , executors and ad- ministrators, to warrant and forever defend the Easement unto Grantee, its successors and assigns , against every person whomso- ever lawfully claiming or to claim the same or any part thereof , by, through or under Grantor but not otherwise . Executed this _a day of -40 1985 . 5 - -1_./_ RAYMyD S. LISTER, JR. APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. THE STATE OF TEXAS * * C0117.*;; HARRIS • •4 ;./, HARRIS * ` is instrument was acknowledged before me on the , 1985, by RAYMOND S. LISTER, JR. rrl�lll.r `4111 v W Notary Public in and for MyCommissio Expires : THE STATE OF TEXAS / o-� 87 wit 797Pvt.697 - 4 - • / {S Metes and Bounds Description of a Twenty (20) Foot Wide Utility Easement Morgan Rector League, Abstract 46 College Station, Brazos County, Texas (Post Oak Square) Metes and bounds description of a twenty (20 ) foot wide utility easement lying and being situated in the Morgan Rector League, Abstract 46, College Station, Brazos County, Texas and further described lying in a called 15. 027 acre tract as described by a deed from Munzel Holdings, Inc. to Raymond S. Lister, Jr. , recorded in Volume 525 , Page 613 of the Deed Records of Brazos County, Texas. Said twenty ( 20 ) foot wide utility easement lying 10. 00 feet each side of a line described by metes and bounds as follows: COMMENCING at an iron rod marking the north corner of the beforementioned 15. 027 acre tract, said iron rod also marking the most northerly west corner of Post Oak Mall, recorded in Volume 477, Page 147 of the Deed Records of Brazos County, Texas , said iron rod also lying in the southeast right-of-way line of State Highway 30 (Harvey Road) , a• concrete right-of-way marker marking the corner of said Post Oak Mall bears N 42°24 ' 43" E for distancenorth 1677 . 00 feet; THENCE S 47°35 ' 17" E along a common line of said Post Oak Mall said 15. 027 acre tract for a distance of 284. 31 feet to a for point fo corner; r THENCE S 42°01 ' 02" W through said 15. 027 acre tract for a distance of 20. 00 feet to the PLACE OF BEGINNING of this twenty wide utility easement; Y (20 ) foot THENCE continuing through said 15. 027 acre tract for the f THEN following calls: S Sorne°01 ' 02" W for a distance of 577. 64 feet to a point for S Sorn°03 ' 04" E for a distance of 213 . 06 feet to a point for N 42°01 ' 02" E for a distance of 575. 92 feet to being the end of this twenty y (20 ) foot wide a point f said 15. 027easement.acre An iron rod marking the east corner utility tract and a lower interior west corneroof said Post oak Mall bears S 52°00 ' 52" E for a distance of feet. 259. 14 December 1984 / :::;)i' ,�p .T ,� .C.'1\-P. •.• f Surveyed by: .�/,, 4 el /.i,_„4" tii<OF. ..\ ' l' f` Mark R. Paulson ,, SuRerveyoreNo. 2099 • G F`,�J�n�� oma. ' 99 R• ., S, , y Project No. 85-5008 I'/ • W IL 797PAr,! 698 EXHIBIT "A" , Nwrrie Metes and Bounds Description of a Twenty-Five ( 25) Foot Wide Utility Easement Morgan Rector League, Abstract 46 College Station, Brazos County, Texas (Post Oak Square) Metes and bounds description of a twenty-five ( 25) foot wide utility easement lying and being situated in the Morgan Rector League, Abstract 46 , College Station, Brazos County, Texas and further described lying in a called 15. 027 acre tract as described by a deed from Munzel Holdings, Inc. to Raymond S. Lister, Jr. , recorded in Volume 525 , Page 613 of the Deed Records of Brazos County, Texas. Said twenty-five (25.) foot wide utility easement lying 12. 50 f each side of a line described by metes and bounds as follows: eet COMMENCING at an iron rod marking the north corner of the beforementioned 15. 027 acre tract, said iron rod also marking the most northerly west corner of Post Oak Mall, recorded in Volume 477 , Page 147 of the Deed Records of Brazos County, Texas , said iron rod also lying in the southeast right-of-way line of State Highwa 30 (Harvey Road) , a concrete right-of-way marker markingy corner of said Post Oak Mall bears N 42°24 ' 43" E for distanceorth 1677. 00 feet; THENCE S 42°24 ' 43" W along said right-of-way line for a distance 12 . 50 feet to the PLACE OF BEGINNING for this twenty-five ( 25 ) foot wide utility easement; of THENCE S 47°35 ' 17" E through said 15. 027 acre tract for a 40. 00 feet to the end of this twenty-five foot wide distance utility December 1984 el(0 F Surveyed by: ' ,e✓ 0,, //`� z:r1 {: �).1 Mark R. Paulson i,„.;r, f,..i,t Registered Public ,VJ11J E Surveyor No. 2099 GR•F ,s�En ..•yo k/--- Project No. 85-5008 797P:,.4e99 /LV,1, .1 ,r u_„ 4 Metes and Bounds Description of a Twenty ( 20 ) Foot Wide Utility Easement Morgan Rector League, Abstract 46 College Station, Brazos County, Texas (Post Oak Square) Metes and bounds description of a twenty easement lying and being situated in the (Mor Mo20 )rgan wide League , Abstract 46, College Station, Brazos Count g Texas and urter described lying in a called 15. 027 acre tract as described db furtherd from Munzel Holdings, Inc. to Raymond S. Lister, Volume 525 , Page 613 of the Deed Records of Brazos County, Y a deed Jr, , recorded in Said twenty Texas. side of a lne(describedoot wbyemeteslandest lying 10. 00 feet each bounds• as follows: COMMENCING at an iron rod marking beforementioned 15. 027 acre tract, the north corner of the most northerly west corner of Post Oak Mall , recorded in Volume Page 147 of the Deed Records of Brazos County, iron rod also marking the also lying in the southeast right-of-way of State 477 , (Harvey Texas , said iron rod corner of Road) , a concrete right-of-way marker markingHighway 30 of said Post Oak Mall bears N 42°24 ' 43" the north 1677. 00 feet; E•' for a distance of THENCE S 42°24 ' 43" W along said right-of-way 10. 00 feet and S 47°35 ' 17" g Y line for a distance of through distance of 40. 00 feet to thePLACE OFid BEGINNING15. 027 athis tract ( 20 ) foot wide utility easement; for a for twenty THENCE continuing through said 15.027 acre tract f THEN for the following calls : S 47°35 ' 17" E for a distance of 705. 82 feet corner; to a point for S 92°45 ' 30" W for a distance of 796 . 12 feet to corner; a point for NN 48 °06 ' 10" W for a t48 6n the southeast for distance of 741 . 04 feet to e end of this twentyline of said State Highwaya point corner of said 15. 022 acre(20tract) tbears Sa42 °24 ' 4 " 30 for distance of 56. 66 feet. The west 2 °24 ' 43" W for a December 1984 r' c"VE O F.TF., ., Mark R. Paulson / ; • ,•, ' �,. Registered Pu Surveyor N b • .o'. _i:`, ' No. 2099 ic GR(%C•:......•:o`,3�i •Project No. 85-5008 /V_ VIII_ 797 PnrA.700