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Home My WebLink About2022V18287P1211486499 Page 1 of 9 10/17/2022 01.35 PM Karen McQueen, Brazos County Cleric Vot 18287 Pg= 121 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A ATURAL 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 FORRECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. PUBLIC ACCESS AND LANDSCAPE EASEMENT DATE: �" `L3r� 2022 GRANTOR: 318 BEARROCK, LLC, a Texas limited liability company GRANTOR'S MAILING ADDRESS: 8872 HSC Parkway, Suite 401 (including County) Brazos County Bryan, Texas 77807-1107 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: All that certain tract or parcel of land containing 0.0109 acre (475 square feet) of land, more or less, lying and being situated in College Station, Brazos County, Texas, and being part of Lot 2R, Block 28, of The Barracks II Subdivision, Phase 300, according to the plat recorded in Volume 13371, Page 193, of the Official Public Records of Brazos County, Texas, and being part of that tract of land described in deed to 318 BearRock, LLC, a Texas limited liability company, as recorded in Volume 17044, Page 57, ' of the Official Public Records of Brazos County, Texas; said 0.0109 acre (475 square foot) tract of land being more A22-001539 318 BearRock LLC Public Access and Landscape Easement 08-10-2022 Page 1 1486499 Page 2 of 9 10/17/2022 01.35 PM Karen McQueen, Brazos County Cled4 Vot 18287 Pg: 122 particularly described by metes and bounds and shown on survey diagram marked EXHIBIT A 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 EXHIBIT A, known as the "Easement Area", and any additional area outside the Easement Area necessary and incident to the uses of the Easement Area to erect, construct and install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, make improvements to, and remove the following: public accessways including but not limited to pedestrian walkways, sidewalks and bicycle paths; 2. any public improvements or structures as are reasonably necessary for the use of the public accessways, including but not limited to irrigation, benches, kiosks, trash receptacles, signage, emergency call boxes and bicycle racks; landscaping upon, over, under and across said Property as described and any ways, streets, roads, or alleys abutting same; and the right to cut, trim, and control the growth of trees and other vegetation within or along the Easement Area or on adjoining property of GRANTOR, which might interfere with or threaten the operation and maintenance of any equipment, accessories, or operations and as may be necessary to prevent possible interference with the operation and maintenance of said equipment, accessories, or operations or to remove possible hazards thereto. It being understood and agreed that any and all equipment or structures placed upon the Easement Area by GRANTEE shall remain the property of GRANTEE. 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: Any and all restrictions, reservations, covenants, conditions, ordinances, easements, mineral and royalty reservations, mineral leases and all other matters, if any, affecting the Property herein, of record in the Office of the County Clerk of Brazos County, Texas, to the extent that same are now in force and effect and relate to said Property. 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, al 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 A22-001539 318 BearRock LLC Public Access and Landscape Easement 08-10-2022 Page 2 1486499 Page 3 of 9 10/17/2022 01.35 PM Karen McQueen, Brazos County Cleric Vot 18287 Pg: 123 318 BEARROCK, LLC, a Texas limited liability company By: 318 BRYAN CAPITAL MANAGEMENT, LLC, a Texas limited liability company, Its Manager By: JEF EY W. BROWN, Governing Person/Manager By: E . 40 NJO N E. J AN, Governing Person/Manager By: BOXWOOD REAL ESTATE MGMT I LLC, a Texas limited liability company, Its Manager By: SAMUEL LUKE MARVEL, Manager/Member By: BARRACKS MID -RISE MANAGEMENT LLC, a Texas limited liability company, Its Manager By: HEATH K. PHILLIPS, Manager/Member A22-001539 318 BearRock LLC Public Access and Landscape Easement 08-10-2022 Page 3 1486499 Page 4 of 9 10/17/2022 01.35 PM Karen McQueen, Brazos County Cleric Vot 18287 Pg= 124 THE STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS This instrument was acknowledged before me on this day of b , 2022, by JEFFREY W. BROWN, Governing Person/Manager of 318 BRYAN CAPITAL MANAGEMENT, LLC, a Texas limited liability company, Manager of 318 BEARROCK, LLC, a Texas limited liability company, on behalf of said 318 BEARROCK, LLC, a Texas limited liability company. a' _ Shelby NiCole Kesller vat.�My Commission Fgires ot 0411412025 ii of� iD No 133037079 THE STATE OF TEXAS COUNTY OF BRAZOS NOTARY PUBLI ' and for the State of Texas ACKNOWLEDGMENT This instrument was acknowledged before me on this 2 3rday of , 2022, by JOHN E. JORDAN, Governing Person/Manager of 318 BRYAN CAPITAL MANAGEMENT, LLC, a Texas limited liability company, Manager of 318 BEARROCK, LLC, a Texas limited liability company, on behalf of said 318 BEARROCK, LLC, a Texas limited liability company. Y .Shelby Nicole KFres ' � My Commission NOT RY PUBLIC and for the State of Texas v�,, Y 04114/202510 No 1330370 A22-001539 318 BearRock LLC Public Access and Landscape Easement 08-10-2022 Page 4 1486499 Page 5 of 9 10/17/2022 01.35 PM Karen McQueen, Brazos County Cled4 Vot 18287 Pg= 125 THE STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS This instrument was acknowledged before me on this _2_�r'�day of , 2022, by SAMUEL LUKE MARVEL, Manager/Member of BOXWOOD REA ESTATE MGMT 1 LLC, a Texas limited liability company, Manager of 318 BEARROCK, LLC, a Texas limited liability company, on behalf of said 318 BEARROCK, LLC, a Texas limited liability company. Shelby Nicole KsstW My Expires Oa14��20ton ID No 133037079 THE STATE OF TEXAS COUNTY OF BRAZOS NOTA "PUBLIC d for the State of Texas ACKNOWLEDGMENT This instrument was acknowledged before me on this 23Yd day of , 2022, by HEATH K. PHILLIPS, Manager/Member of BARRACKS MID -RISE MANAGEMENT LLC, a Texas limited liability company, Manager of 318 BEARROCK, LLC, a Texas limited liability company, on behalf of said 318 BEARROCK, LLC, a Texas limited liability company. Myby Nicole KWOW Coommisslon F l • � 0M14/Z025 NOTARY PUBLIC and for the State of Texas OF ID No 133037079 A22-001539 318 Beat -Rock LLC Public Access and Landscape Easentent 08-10-2022 Page 5 1486499 Page 6 of 9 10/17/2022 01.35 PM Karen McQueen, Brazos County Cled4 Vot 18287 Pg= 126 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. SPIRIT OF TEXAS BANK, SSB Printed b4m THE STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS This instrument was acknowledged before me on this 2 9 rdday of S t1v , 2022, by Tr CS' Jsf SPIRIT OF TEXAS BANK, SSB, on behalf of said SPIRIT OF TEXAS EVANK, SSB. �� _ Shelby Wools Keder ` "'�+ My Cwwftelon EWres j 0411412025 ID W 133037079 APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE -SUBMISSION FOR APPROVAL. City Attorney NOTARY PUBLT in and for the State of Texas PREPARED IN THE OFFICE OF: AFTER RECORDING, RETURN TO: City of College Station City of College Station Legal Department Legal Department P.O. Box 9960 P.O. Box 9960 College Station, TX 77842-9960 College Station, TX 77842-9960 A22-001539 318 BearRock LLC Public Access and Landscape Easement 08-10-2022 Page 6 1486499 Page 7 of 9 10/17/2022 01.35 PM Karen McQueen, Brazos County Cled4 Vot 18287 Pg= 127 EXHIBIT A ACCESS EASEMENT THE BARRACKS II, SUBDIVISION, PHASE 300 BLOCK 28, LOT 2R CRAWFORD BURNETT SURVEY, ABSTRACT NO.7 CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS BEING 0.0109 acres of land situated in the Crawford Burnett Survey, Abstract Number 7, City of College Station, County of Brazos, and being part of Lot 2R, Block 28 of The Barracks 11 Subdivision, Phase 300 of the Plat Records of Brazos County, Texas, and being part of that tract of land described in deed to 318 Bear Rock LLC, as recorded in Volume 17044 Page 57 of the Deed Records of Brazos County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at the south comer of said Lot 2R, Block 28, from which the City of College Station Monument Number 130 bears North 65 degrees 00 minutes 01 second East, a distance of 11,971.38 feet, and Monument Number 134 bears South 25 degrees 06 minutes 43 seconds East, a distance of 15,409.90 feet; THENCE North 47 degrees 45 minutes 43 seconds West, along the southwesterly line of said 147.31 feet to the POINT OF BEGINNING of the herein described tract; THENCE North 47 degrees 45 minutes 43 seconds West, continuing along said southwesterly line, a distance of 94.92 feet to a point for comer, THENCE North 42 degrees 14 minutes 17 seconds East, departing said southwesterly line and over and across said Lot 2R, a distance of 5.00 feet to a point for comer, THENCE South 47 degrees 45 minutes 43 seconds East, continuing over and across said Lot 2R, a distance of 94.92 feet to a point for comer; THENCE South 42 degrees 14 minutes 17 seconds West, continuing over and across said Lot 2R, a distance of 5.00 feet to the POINT OF BEGINNING AND CONTAINING 475 square feet or 0.0109 acres of land, more or less. The Basis of Bearing is the Texas Coordinate System of 1983, North Central Zone. This description is accompanied by an exhibit of an even date. el C. Howard RPLS No. 6267 delis` Page t of 2 1486499 Page 8 of 9 10/17/2022 01.35 PM Karen McQueen, Brazos County Cled4 Vot 18287 Pg= 128 =YWIPIT A wRveyo is 140M. 1. The Batts of Seerinplo OW With pet ft TeX" COwdmte System Cl 1 W3. t+ wM Cep ZOne (4=A 7, pft vr#ey way Pry wittuwt tt14 be &M Of a tip mmmWnent tx wort 3, TM, 650OW j& SOcoMwnW by a daarxtgoca of ew" ante. (OWNER) 318 BEAR ROCK LLC VOL. 17044, PG. 57 D.R.B.C.T. LOT 2R, BLOCK 28 THE BARRACKS 11 SUBDIVISION \ ` ® PHASE 300 \ VOL. 13371, PG. 193 "'. P.R.B.C.T. ACCESS EASEMENT 0.0109 ACRES (475 SQ.FT.) .R POINT OF BEGINNING \ / CITY OF COLLEGE \ f f STATION \ / MONUMENT NO.130 � BEARS N6500901 E, ��°'� � 11,971:38 AND MONUMENT NO. 134 SEARS S25006'43"E, VTR 15,409.90' Pollsit OF COMMEENCING i SHEET 2 OF 2 0' 20, 40' 80, 1" = 40` ACCESSEASEMENT THE BARRACKS 11, sUeoM51CNl, PHASE 300 BLOCK 28, LOT 2R CRAWFORD BURNETT SURVEY, ABSTRACT NO. I CITY OF COLLEGE STATION, j BRAZOS COUNTY, TOCArS GEGNAY 1u YhiMG • µli N6 •,y,,,ekkk6 taaLS "4 ►i L lCMA205. 1J' 1486499 Page 9 of 9 10/17/2022 01.35 PM Karen McQueen, Brazos County CIed4 Vot 18287 Pg: 129 III �,N �� .� County n Instrument Number: 1486499 Volume: 18287 Real Property Recordings Recorded On: October 17, 2022 01:35 PM Number of Pages: 9 " Examined and Charged as Follows: " Total Recording: $54.00 *********** THIS PAGE IS PART OF THE INSTRUMENT Any provision herein which restricts the Safe. Rental or use of the described REAL. PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Document Number: Receipt Number: 1486499 20221017000107 Recorded DatelTime: October 17, 2022 01:35 PM User: Debbie B Station: CCLERK09 Record and Return To: CITY OF COLLEGE STATION PO BOX 9973 COLLEGE STATION TX 77842 r,j e o r. STATE OF TEXAS 4� r� COUNTY OF BRAZOS W . I hereby certify that this Instrument was FILED In tho File Number sequence on the dateltime • printod haroon, and was duly 174 (:�)131)f [) in the Official Public Records of Brazos County, Texas. �� ' Ki��t)�t M�,U31��+ u icy Her County Clork Br.vus County, Z X