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HomeMy WebLinkAboutLicense AgreementLICENSE AGREEMENT The parties hereto, being BETHEL BAPTIST CHURCH OF COLLEGE STATION, TEXAS, INC., hereinafter referred to as "Bethel", and C&J BARBEQUE MARKET, INC., of College Station, Texas, hereinafter referred to as "C&J", have entered into this License Agreement for good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged and confessed by each party hereto. RECITALS C&J presently operates a barbeque restaurant at 4304 Harvey Road in College Station, Texas, on property which adjoins property owned by Bethel. C&J is planning an extensive remodeling project with regard to their restaurant at that location. There presently exists a drainage problem between the C&J and Bethel tracts of property that needs to be addressed before C&J can continue with its building and remodeling plans. Bethel and C&J have agreed that C&J shall have a license to use a portion of the property owned by Bethel for a drainage swale and for parking for part of the restaurant parking lot. The license will be granted upon the terms and conditions set out below. 1. Pro e . The license shall cover and includes a portion of Bethel's property which is located just north of the C&J restaurant building as shown on Exhibit A attached hereto and incorporated herein for all purposes. 2. Term. (a) The term of the license will be for two (2) years, beginning January 1, 2008, and will automatically renew for eight (8) additional one (1) year terms unless terminated as herein set out. (b) In the event that C&J, or Floyd H. Manning or Jo N. Manning, sell fee title ownership interest in the property that adjoins the tract described in Exhibit A, this license will terminate automatically on the closing of such sale. (c) Notwithstanding anything contained herein to the contrary, Bethel shall be entitled to terminate the license with ninety (90) days written notice to C&J under the following conditions: (i) Bethel decides to re -develop its property and the tract described in Exhibit A is necessary for the church's re -development of the property; (ii) Bethel decides to sell the property and C&J does not elect to exercise the right of first refusal set out in Paragraph Eleven (11) herein. (d) If the license agreement terminates as set out in this document, then all requirements for mowing, maintenance, or other repair of the drainage swale shall become the obligation of Bethel. License Agreement Page I 3. Construction of Drainage Swale. C&J shall pay all costs and fees associated with the design, planning, permitting, and construction of the drainage swale, including, but not limited to, any legal fees, permit fees, or license fees required by any government agency before the drainage swale can be constructed. C&J shall pay all construction costs related to the construction of the drainage swale. 4. Construction Specifications. The drainage swale will be constructed according to the plans set out on Exhibit C which are attached hereto and incorporated herein for all purposes. 5. Permits Required. Prior to beginning construction of the drainage swale, C&J shall provide Bethel with a permit issued by the Texas Department of Transportation for construction of the swale on the highway right of way. In addition, C&J shall provide Bethel with a permit issued by the City of College Station to allow grading of the property as requested by C&J. 6. Temporary Access. C&J shall have temporary access, if necessary, to use of the land that extends ten feet (10') in width along the northernmost boundary of the drainage easement for purposes of access and construction of the drainage easement. Upon completion of the construction of the drainage swale, any damage or leveling to such property shall be performed promptly at C&J's cost and expense. 7. Maintenance. C&J, at its sole cost and expense, shall maintain the licensed area in a neat manner. This will include regular mowing, grading as required, and other necessary maintenance in order to keep the drainage swale area neat and functioning properly. 8. No Adverse Claims. C&J acknowledges that it has not, does not, and will not make any claim to legal title of the property that is located in the area described on Exhibit "A", including the land area currently utilized for parking by C&J and Exhibit B which belongs to Bethel. C&J acknowledges that its use of such property is authorized only under the terms of this license agreement and not under any other legal claim or right. C&J shall execute any document which may be required to completely resolve any potential claim. 9. Indemnity. C&J agrees to indemnify and hold Bethel harmless from any claim, suit, or liability in anyway arising from C&J's use of Bethel's property for part of its parking lot. This indemnity shall include all, damages, costs, or legal fees incurred by Bethel in any action relating to use of Bethel's property by C&J, its agents, employees, officers, or invitees. 10. Grant of License. Bethel, for the consideration and subject to the terms and conditions set out herein, grants to C&J a license to use Bethel's property described in Exhibit A in this license agreement for the benefit of C&J and its property which adjoins the property of Bethel, to have and to hold the license and property, rights, and appurtenances as set forth in this agreement. License Agreement Page 2 11. Right of First Refusal. Should Bethel elect to sell all or a part of its property that adjoins C&J's property, C&J shall have a right of first refusal to purchase the property described in Exhibit A, hereinafter referred to as "subject tract", for the price per square foot of the entire property offered to Bethel in writing by any third party. C&J shall have fifteen (15) days in which to elect to exercise its right of first refusal after receiving written notice of the offer made to Bethel. If C&J agrees to accept the offer made by a third party to Bethel, Bethel shall convey the property free and clear of any liens. No covenants, conditions, leases or restrictions shall be placed on the property, except those of record at the time the license is entered into between C&J and Bethel. Bethel will provide a special warranty deed to the subject tract, and closing will be within thirty (30) days of the later to occur of: (i) Bethel's receipt of written approval of any governmental required re -platting of the property which is to be purchased by C&J or (ii) C&J's acceptance of the right of first refusal. C&J agrees to pay any and all costs related to the re -platting and conveyance of the subject tract. All notices must be communicated in writing to the other party. 12. Prior Agreements Superceded. This document supercedes any and all prior oral or written agreements between the parties hereto. 13. Notice of Default. In the event of any default in the terms of this license by either party, the party alleging any default shall give the other party written notice of such default, and such party shall have thirty (30) days to cure the default. 14. Choice of Law: Venue. This agreement shall be construed under the laws of the State of Texas. Venue shall be in the county where the property is located. 15. Notices. All notices shall be given to the parties hereto at the following address: Floyd H. Manning 4304 Harvey Road College Station, Texas 77840 Bethel Baptist Church 9900 Harvey Road College Station, Texas 77845 16. Further Assurances. Each party to this agreement agrees to execute and deliver any additional documents and instruments necessary and appropriate to perform the terms, provision, and conditions of this agreement and all transactions contemplated by this agreement. 17. Attorney's Fees. C&J agrees to pay all of Bethel's attorney's fees related to the preparation and execution of this license agreement. If either party retains an attorney to enforce this agreement, the party prevailing in litigation is entitled to recover reasonable attorneys fees and court and other costs. License Agreement Page 3 Dated G[ )1'uC� 28, C&J BARRBBEQUE MARKET, INC. By YD MANNING, Pre dent BETHEL BAPTIST CHURCH OF COLLEGE STATION, TFXAS, INC.,, LOVETT, its Church Administrator STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on the 26 day of February, 2008, by FLOYD MANNING, President of C&J BARBEQUE MARKET, INC., in the capacity therein stated, as the act and deed of saic License Agreement kA Ir"tar WO NC1frAR lei Wary Public, so* aY 8� My CWnMWW OF 09114/2009 09/14/2009 Page 4 STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on the day of February, 2008, by STEVE LOVETT, Church Administrator of BETHEL BAPTIST CHURCH OF COLLEGE STATION, TEXAS, INC., in the capacity therein stated, as the act a d deed of said corporation. j aotsQ� Puk�c 0. E. ELMORE NOTARY PUBLIC STATE OF TEXAS NOTARY PUBLIC, State of Texas * * S MY COMM. EXP. 11/2/2009 oF STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on th ay of February, 2008, by DARYL THANE, Chairman of Building and Grounds of BETHEL BAPTIST CHURCH OF COLLEGE STATION, TEXAS, INC., in the capacity therein stated, as the act and deed of sa' a°��YpU O. E. ELMORE * * NOTARY PUBLIC STATE EX TEXAS NOTARY PUBLIC, State of Texas oF-�� MY COMM. EXP, 1 i/2/2009 STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on the I* day of February, 2008, by TRACY PETERS, Deacon of BETHEL BAPTIST CHURCH OF COLLEGE STATION, TE ted, as the act 7)eed oI corporation. �ptpAY P(/�c O. E. EL.l1+10RE l` * * NOTARY PUBLIC ct} STATE OF TEXAS 9�OF�MY COMM. EXP. 11/2/2009 NOTARY PUBLIC, State of Texas br1/re/C&J/LicenseAgreement License Agreement Page 5 Exhibit A, legal description of license area Exhibit B, plat map and metes and bounds description of parking area Exhibit C, swale construction design docs License Agreement Page 6 k' TOP 55M H 9l. D6 55 FL 150. (,8 Ar N If cf Building S. UnZ�5m,"�Z _-/moo Description of License Area Beginning at an angle point in the south property line of the Bethel Baptist Church of College Station, Inc. tract, that being the mutual north line of the C&J Barbecue Market, Inc. tract (part of Lot 1, Block 1, Harvey Hillsides), thence N 52- 16-04 W 152.10' to the cap of an iron rod found in the parking lot of the C&J tract and being the west corner of the Bethel tract, thence along the existing State Highway 30 right-of-way N 48-20-16 E 35.00'; thence in a southeasterly direction +/-156' to the Point of Beginning; and containing approximately 2,750 SF or 0.063 acres, of which 0.019 acres lies within the parking lot of C&J Barbecue as depicted in a plat dated 02/13/2007 prepared by Brad Kerr of Kerr Surveying, LLC (Exhibits B, p.1 and B, p. 2) S2, / X6, \ jo Remainder of Lot 1, Block 1 Harvey Hillsides, 263/485 — A portion of Lot 1, Block 1 Harvey Hillsides, 331/598 :a d - N J 3 O Cl 3 vi s ww z O� ;i ••w o�z foo oLLJ a o Zo (� n O z F in x w al) ,z 1 531NVA RUM a 0 a� w�Q``i Jtnza Q 03 o�t=� VIIn aOa Y w RE Z _3wOtr Im0Q0 N1 �✓iZ W z ~: W V waWPW z J J W V7 � ,ca'(y�y�� o<p¢y, W. ii,m N Km o J MW O ¢}Z m3 = zw N 1-8<p a as z o W p p W p � S m 'As F ,6 < mN cow N ¢s < wZ y W W p K< O ypp"" < < < ¢ ZZ a K N = MH J N < < 2 T < W W{yUO UZ¢ av < S<¢qNC rdn N o < .tet pxv .8,5 = K W<p3 <Z < IL 0 O m0 Z n W�]3 t1 z O pph. .atma yWyFU- .—C Wp 32 y� d W ¢ W�NV y W r/l?W <ZW p�¢ yi N mZ Za =03 KWO 3 < 3 F 1� W Z W K ¢ ~Gla. NN Z�p <� ZZ L St KXwO O 93 t7 ri �h A ��< 4dZ' � �S U < <}Z ¢Z¢lJ yl mpa Sa J�4I ' W ¢� Npyaj0a Mulles < Q.NOZ <7J. O. 3� /nZ2 1 O pfajmW<Q Zs m ` C2 C mUA oW 6688 < I. p < Cc ¢ NF¢ -m < < Cao N W H Sp<� Tjh m ¢« f- O o o ¢NO m t vi O� W So <wow -c hJ<¢ WO � O w O ¢ C<<W= y0 UN Jam GO.7z w z W < J<2hW N iUq 2}1ah' S�S Nz= Oa NGpp U < *C: Iz m Q N j p N O p Fymy zJF <a� 2 WD O<_ <¢ .Ja ooa f.7 JmJ W Ow �l OW OmtO -Z �y u tiC g< WZoZ21ui 'T 03 fEci J Z Oh m N a J x 2 a UW w i ch < U�FOC W zo W ul m �2 d tWaa vi ¢ ¢ UN O�¢ WIffO W �1Kyy p v o ulF� FOW U a 'O NU<1 1�1m a�ILL <LLJ N¢ <U 10 i� tO OiNUu. < < U �= N O n ~ WN C,7 yJj� K d ELI O h . z cio ri� +r ri<al cw nam o<p¢y, W. ii,m N Km o J MW i4o-0in ¢}Z m3 = zw 1-8<p a as z o W p p W p � J m 'As F ,6 < mN cow N ¢s < W ypp"" < < < ¢ ZZ a K N = MH J N < < 2 T < W W{yUO UZ¢ av < S<¢qNC h p JWK >Cp .8,5 = K W<p3 <Z < IL 0 O Z n W�]3 t1 z w>'p oma .atma .—C Wp 32 y� d W ¢ W�NV y W r/l?W <ZW p�¢ yi N mZ Za =03 KWO 3 z2 W yW ¢OUWi W Z J < 1� W K ¢ ~Gla. NN Z�p <� ZZ L St KXwO O t7 ri �h A ��< 4dZ' � �S U < <}Z ¢Z¢lJ yl mpa Sa J�4I ' W ¢� Npyaj0a Mulles < Q.NOZ <7J. O. NN /nZ2 1 O pfajmW<Q O v N_1<ia, 6fa oW 6688 I. p Uyp o =<ZO NF¢ -m WOO Cao KSS<� W H Sp<� Tjh m ¢« f- O o o ¢NO m t vi O� W So <wow -c hJ<¢ WO � O w O ¢ C<<W= y0 UN Jam GO.7z w z W < J<2hW N iUq 2}1ah' S�S Nz= Oa NGpp U < *C: FC az Q N oyym�S f-ch<<W O g N aZ 4w z0 Fymy zJF <a� 2 WD O<_ <¢ <�N3yN� ooa f.7 2 Ow �l m oz� OmtO -Z F Q o u tiC g< WZoZ21ui 'T fO" fEci J Z Oh m N a J x 2 a UW w i W N V U�FOC W zo W ul ca Z i CV¢ zUiJi az � �mul UN O�¢ WIffO W �1Kyy FINN W Op o=,¢ W yW� ai ulF� FOW U < p2 'O NU<1 1�1m a�ILL <LLJ N¢ <U 10 i� tO OiNUu. < < U 11. Right of First Refusal. Should Bethel elect to sell all or a part of its property that adjoins C&J's property, C&J shall have a right of first refusal to purchase the property described in Exhibit A, hereinafter referred to as "subject tract", for the price per square foot of the entire property offered to Bethel in writing by any third party. C&J shall have fifteen (15) days in which to elect to exercise its right of first refusal after receiving written notice of the offer made to Bethel. If C&J agrees to accept the offer made by a third party to Bethel, Bethel shall convey the property free and clear of any liens. No covenants, conditions, leases or restrictions shall be placed on the property, except those of record at the time the license is entered into between C&J and Bethel. Bethel will provide a special warranty deed to the subject tract, and closing will be within thirty (30) days of the later to occur of: (i) Bethel's receipt of written approval of any governmental required re -platting of the property which is to be purchased by C&J or (ii) C&J's acceptance of the right of first refusal. C&J agrees to pay any and all costs related to the re -platting and conveyance of the subject tract. All notices must be communicated in writing to the other party. 12. Prior Agreements Superceded. This document supercedes any and all prior oral or written agreements between the parties hereto. 13. Notice of Default. In the event of any default in the terms of this license by either party, the party alleging any default shall give the other party written notice of such default, and such party shall have thirty (30) days to cure the default. 14. Choice of Law: Venue. This agreement shall be construed under the laws of the State of Texas. Venue shall be in the county where the property is located. 15. Notices. All notices shall be given to the parties hereto at the following address: Floyd H. Manning 4304 Harvey Road College Station, Texas 77840 Bethel Baptist Church 9900 Harvey Road College Station, Texas 77845 16. Further Assurances. Each party to this agreement agrees to execute and deliver any additional documents and instruments necessary and appropriate to perform the terms, provision, and conditions of this agreement and all transactions contemplated by this agreement. 17. Attorney's Fees. C&J agrees to pay all of Bethel's attorney's fees related to the preparation and execution of this license agreement. If either party retains an attorney to enforce this agreement, the party prevailing in litigation is entitled to recover reasonable attorneys fees and court and other costs. License Agreement Page 3 Dated Febyuov,(A 28) 2 . C&J BARRB�B''EQUE MARKET, INC. By YD MANNING, Pre dent BETHEL BAPTIST CHURCH OF COLLEGE STATION, TF-XAS, INC_ j LOVETT, its Church Administrator M STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on the2 6 day of February, 2008, by FLOYD MANNING, President of C&J BARBEQUE MARKET, INC., in the capacity therein stated, as the act and deed of saic License Agreement MRIw IKICif W Notary Nltj My com bpmnoFt 09/ Page 4 3. Construction of Drainage Swale. C&J shall pay all costs and fees associated with the design, planning, permitting, and construction of the drainage swale, including, but not limited to, any legal fees, permit fees, or license fees required by any government agency before the drainage swale can be constructed. CW shall pay all construction costs related to the construction of the drainage swale. 4. Construction Specifications. The drainage swale will be constructed according to the plans set out on Exhibit C which are attached hereto and incorporated herein for all purposes. 5. Permits Required. Prior to beginning construction of the drainage swale, C&J shall provide Bethel with a permit issued by the Texas Department of Transportation for construction of the swale on the highway right of way. In addition, C&J shall provide Bethel with a permit issued by the City of College Station to allow grading of the property as requested by C&J. 6. Temporary Access. C&J shall have temporary access, if necessary, to use of the land that extends ten feet (10') in width along the northernmost boundary of the drainage easement for purposes of access and construction of the drainage easement. Upon completion of the construction of the drainage swale, any damage or leveling to such property shall be performed promptly at C&J's cost and expense. 7. Maintenance. C&J, at its sole cost and expense, shall maintain the licensed area in a neat manner. This will include regular mowing, grading as required, and other necessary maintenance in order to keep the drainage swale area neat and functioning properly. 8. No Adverse Claims. C&J acknowledges that it has not, does not, and will not make any claim to legal title of the property that is located in the area described on Exhibit "A", including the land area currently utilized for parking by C&J and Exhibit B which belongs to Bethel. C&J acknowledges that its use of such property is authorized only under the terms of this license agreement and not under any other legal claim or right. C&J shall execute any document which may be required to completely resolve any potential claim. 9. Indemnity. C&J agrees to indemnify and hold Bethel harmless from any claim, suit, or liability in anyway arising from C&J's use of Bethel's property for part of its parking lot. This indemnity shall include all, damages, costs, or legal fees incurred by Bethel in any action relating to use of Bethel's property by C&J, its agents, employees, officers, or invitees. 10. Grant of License. Bethel, for the consideration and subject to the terms and conditions set out herein, grants to C&J a license to use Bethel's property described in Exhibit A in this license agreement for the benefit of C&J and its property which adjoins the property of Bethel, to have and to hold the license and property, rights, and appurtenances as set forth in this agreement. License Agreement Page 2 LICENSE AGREEMENT The parties hereto, being BETHEL BAPTIST CHURCH OF COLLEGE STATION, TEXAS, INC., hereinafter referred to as "Bethel", and C&J BARBEQUE MARKET, INC., of College Station, Texas, hereinafter referred to as "C&J", have entered into this License Agreement for good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged and confessed by each party hereto. C C&J presently operates a barbeque restaurant at 4304 Harvey Road in College Station, Texas, on property which adjoins property owned by Bethel. C&J is planning an extensive remodeling project with regard to their restaurant at that location. There presently exists a drainage problem between the C&J and Bethel tracts of property that needs to be addressed before C&J can continue with its building and remodeling plans. Bethel and C&J have agreed that C&J shall have a license to use a portion of the property owned by Bethel for a drainage swale and for parking for part of the restaurant parking lot. The license will be granted upon the terms and conditions set out below. 1. Propeay. The license shall cover and includes a portion of Bethel's property which is located just north of the C&J restaurant building as shown on Exhibit A attached hereto and incorporated herein for all purposes. 2. Term. (a) The term of the license will be for two (2) years, beginning January 1, 2008, and will automatically renew for eight (8) additional one (1) year terms unless terminated as herein set out. (b) In the event that C&J, or Floyd H. Manning or Jo N. Manning, sell fee title ownership interest in the property that adjoins the tract described in Exhibit A, this license will terminate automatically on the closing of such sale. (c) Notwithstanding anything contained herein to the contrary, Bethel shall be entitled to terminate the license with ninety (90) days written notice to C&J under the following conditions: (i) Bethel decides to re -develop its property and the tract described in Exhibit A is necessary for the church's re -development of the property; (ii) Bethel decides to sell the property and C&J does not elect to exercise the right of first refusal set out in Paragraph Eleven (11) herein. (d) If the license agreement terminates as set out in this document, then all requirements for mowing, maintenance, or other repair of the drainage swale shall become the obligation of Bethel. License Agreement Page 1 STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on the day of February, 2008, by STEVE LOVETT, Church Administrator of BETHEL BAPTIST CHURCH OF COLLEGE STATION, TEXAS, INC., in the capacity therein stated, as the act a d deed of said corporation. v ru O. E. ELMORE aote� &,� NOTARY PUBLIC NOTARY PUBLIC, State of Texas * * STATE OF TEXAS A>FOF y MY COMM. EXP. 11/2/2009 STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on th ay of February, 2008, by DARYL THANE, Chairman of Building and Grounds of BETHEL BAPTIST CHURCH OF COLLEGE STATION, TEXAS, INC., in the capacity therein stated, as the act and deed of sa' O. E. ELMORE S * * NOTARY PUBLIC STATE EX TEXAS NOTARY PUBLIC, State of Texas ��y MY COMM, IXP, i i/2/2009 STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on the I* day of February, 2008, by TRACY PETERS, Deacon of BETHEL BAPTIST CHURCH OF COLLEGE STATION, T rami ted, as the acted o I corporation. aptt3iY P(/�c / O. E. ELMORE: * * NOTARY PUBLIC STATE OF TEXAS �OF�' MY COMM. EXP. 11/2/2009 NOTARY PUBLIC, State of Texas br11re/C&J/LicenseAgreement License Agreement Page 5 Exhibit A, legal description of license area Exhibit B, plat map and metes and bounds description of parking area Exhibit C, swale construction design docs License Agreement Page 6 TOP SSMH 91.06 55 FL 80. (08 OE P. Un P ell %_Sn/�/— . o Description of License Area Beginning at an angle point in the south property line of the Bethel Baptist Church of College Station, Inc. tract, that being the mutual north line of the CW Barbecue Market, Inc. tract (part of Lot 1, Block 1, Harvey Hillsides), thence N 52- 16-04 W 152.10' to the cap of an iron rod found in the parking lot of the C&J tract and being the west corner of the Bethel tract, thence along the existing State Highway 30 right-of-way N 48-20-16 E 35.00'; thence in a southeasterly direction +/-156' to the Point of Beginning; and containing approximately 2,750 SF or 0.063 acres, of which 0.019 acres lies within the parking lot of CW Barbecue as depicted in a plat dated 02/13/2007 prepared by Brad Kerr of Kerr Surveying, LLC (Exhibits B, p.1 and B, p. 2) nt v' A . 6 -�— ReAced 131-TbS+ Cktxp-ck IRF / C C, o I -e—, e— -ON �. Ac N _�- '6, — A portion of Lot 1, Block 1 G �� Harvey Hillsides, � 331/598 C �,T Building RF / Remainder of Lot 1, Block 1 .--� Harvey Hillsides, 263/485 or7 �3r7 ��q ag 4C METES AND BOUNDS DESCRIPTION OFA 0.019 ACRE TRACT PORTION OF LOT 1 HARVEY HH— LS DES, COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF LOT 1, HARVEY HILLSIDES, BLOCK 1, ACCORDING TO THE PLAT RECORDED IN VOLUME 263, PAGE 485 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEAST LINE OF HARVEY ROAD (VARIABLE WIDTH R.O.W.) MARKING THE NORTH CORNER OF A CALLED TRACT OF LAND DESCRIBED AS BEING A PORTION OF SAID LOT 1 BY A DEED TO FLOYD HENRY MANNING AND WIFE, 70 SUSAN MANNING, RECORDED IN VOLUME 498, PAGE 83 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND THE WEST CORNER OF A CALLED TRACT OF LAND BEING A PORTION OF SAID LOT 1 CURRENTLY OWNED BY BETHEL BAPTIST CHURCH OF HARVEY ACCORDING TO THE BRAZOS COUNTY APPRAISAL DISTRICT, SAID POINT BEING IN AN EXISTING ASPHALT PARKING AREA; THENCE: N 48'02'00" E ALONG THE SOUTHEAST LINE OF HARVEY ROAD FORA DISTANCE OF 17.84 FEET TO A POINT; THENCE: S 42'48'09" E THROUGH SAID LOT 1 AND THROUGH SAID CHURCH TRACT FOR A DISTANCE OF 68.10 FEET TO A POINT NEAR THE EASTERLY CORNER OF SAID EXISTING PARKING AREA; THENCE: S 47'39'38" W CONTINUING THROUGH SAID LOT 1 AND THROUGH SAID CHURCH TRACT FORA DISTANCE OF 6.11 FEET TO A POINT ON THE COMMON LINE OF SAID CHURCH TRACT AND SAID MANNING TRACT, FOR REFERENCE A'/z INCH IRON ROD FOUND MARKING AN ANGLE POINT IN THE COMMON LINE OF SAID CHURCH TRACT AND SAID MANNING TRACT BEARS: S 52° 32,34" E FOR A DISTANCE OF 82.23 FEET; THENCE: N 52'32'34" W CONTINUING THROUGH SAID LOT 1 AND ALONG THE COMMON LINE OF SAID CHURCH TRACT AND SAID MANNING TRACT FOR A DISTANCE OF 69.31 FEET TO THE POINT OF BEGINNING CONTAINING 0.019 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND NNE, 2003. SEE PLAT PREPARED FEBRUARY, 2008, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON THE PLAT CALL BEARINGS OF HARVEY HILLSIDES, BLOCK 1, 263/485. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORIUMAB/08-097.MAB BRAD KERR ocrorrroecoores000rrrac o 45'02 4�^`r T� -*EF, 1p Svc :a •r C4 a J O Cl 1 .zL S31EVA xzd3a a cn 0 0- X,-% Lq x Lq J ¢W0 a�F=cn 40 Lj w a oaza _ moix moolm In - C4 C4 5 a5'• 0 �� U) •y 2p v C) • D / m m C) O r r m n S Z cn m (n < X O1 0 Oo-D=,P„zo c��`o�ca �C�o mo m =< mzc> � -0-0 �o<� mX:CD iCO Z X m m ;:U 0z2rn o hoc-= y_ 00>-< m� w o to N frl "Ti n m vc �o�wrn(A �Oy- r -V m �C m� C> to n Irl CO � < L, .40 w� 0 00 -0- Z 7C D ED r 1- n --1 rrt X D Cn C)z Z -+ z zo "Vi D•D-4m mm �SmY-' 0;0 -D o�c�so �� moW .O mo m o o� 09 zzm= C < 0 En O� m�Z �v C) M" mm off" m z m z z �O��x_ mpz, zc piz0 0 M czi IL CV Bq El) r� U) C) • D r N O W Z � J i W V I W W Z Z W VI JJ H T Z W LLI q a. 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