HomeMy WebLinkAbout2014V12014P233.t/oc Bk yoi Pqoimnm OR uou ^:
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE
A NATURAL PERSON, YOU MAY REMOVE OR STRIKE
ANY OR ALL OF THE FOLLOWmG 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 ACCESS AND LANDSCAPE EASEMENT
DATE: -///?/Z/^, 7. _, 2014 ^^.
GRANTOR: STRATEGIC BH - COLLEGE STATION, LLC,
a Delaware limited liability company
GRANTOR'S MAILING ADDRESS: 3550 Normand Drive
(including County) Brazos County
College Station, Texas 77845
GRANTEE: CITY OF COLLEGE STATION, TEXAS
GRANTEE'S MAILING ADDRESS: P. 0. Box 9960
(including County) Brazos County
College Station, Texas 77842
CONSTOERATION: Ten Dollars ($10.00) and other good and valuable consideration.
PROPERTY:
All that certain tract or parcel of land containing 0.328 of an acre of land, more or
less, lying and being situated in College Station, Brazos County, Texas, said
easement being a portion of Lot 3, COLLEGE STATION MEDICAL + SENIOR
LIVING, according to the Plat recorded in Volume 11071, Page 177, Official
Records ofBrazos County, Texas; said 0.328 acre tract being more particularly
described by metes and bounds on Exhibit A attached hereto and made a part
hereof for all intents and purposes.
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0:\5 EASEMENTS\S(rategic BH\PubUc Access ami Landscape Easement 04-2S-20l4.docx
Rac Bk Veil Ps01:1.94004 OR 13014 234
For and in consideration of the benefits accruing to the citizens of GRANTEE and to the general
public, GRANTOR herein GIVES and DEDICATES to GRANTEE the easement rights herein
specified only as to those portions of the above-described property more particularly described on
the attached Exhibit A referred to as the Easement Area, and any additional area outside the
Easement Areas necessary and incident to the uses of the Easement Area for public access and to
erect, construct and install, and thereafter use, operate, inspect, repair, maintain, reconstruct,
modify, make improvements to, and remove the following:
1. public accessways including but not limited to vehicular roadway,
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, public
art, water features and bicycle racks;
3. 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 is expressly understood and agreed that any and all equipment or structures placed upon the
Easement Area by GRANTEE shall remain the property of GRANTEE.
GRANTOR hereby expressly acknowledges that it is the underlying fee owner of the Easement
Area
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: None
Upon the recording of this easement in the Official Records of Brazos County, Texas, the
Temporary Blanket Utility Easement executed by STRATEGIC BH - COLLEGE STATION,
LLC, to CITY OF COLLEGE STATION, TEXAS on March 21, 2013 and recorded in Volume
11257, Page 235, of the Official Records ofBrazos County, Texas is hereby RELEASED.
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
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0:\S EASEMEN'mSfralegic BH\Piiblic Access ami Landscape Easemenf 04-2K-2014.docx
Ooc Bk Val F'30:1.194004 OR 12014 ^S
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.
STRATEGIC BH - COLLEGE STATION, LLC, a Delaware limited liability company
S T. SHAHEEN, JR, Manager
By:.
JOHN H. DOBBS, JR., Manager
By:.
W. CHRISTOPHER CROSBY, Manager
By:.
EDWARD J. DOBBS, Manager
CONSENT AND SUBORD^ATION BY LIENHOLDER
Lienholder, as the holder ofliens(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.
FIFTH THIRD BANK, an Ohio state banking
corporation
By:,
Printed Name:
Title:
APPROVED AS TO FORM.
THIS DOCUMENT MAY NOT
BE CHANGED WITHOUT
RE-SUBMISSION FOR APPROVAL
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0:\5 EASEMENTS\Sfrafegic BH\Public Access and Landscape Easement 04-28-20! 4.docx
[)o.:: Bk Vol F^01194004 OR 12014 236
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.
STRATEGIC BH - COLLEGE STATION, LLC, a Delaware limited liability company
By:.
JAMES T. SHAHEEN, JR., Manager
By:
HN H. DOBBS, JR., Manager
By:.
SBY, Manager EDWARD J. DOBBS, Manager
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 temis 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.
FFFTH THIRD BANK, an Ohio state banking
corporation
By:.
Printed Name:
Title:
APPROVED AS TO FORM.
THIS DOCUMENT MAY NOT
BE CHANGED WITHOUT
RE-SUBMISSION FOR APPROVAL
City Attorney
Page 3
0:\5 EASEMENTS\Straiegic BH\Pnblic Access and Landscape Easement 04-28-2014.chcx
_&oc Bk Vol Ps0:1.194004 OR 12014 '^
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.
STRATEGIC BH - COLLEGE STATION, LLC, a Delaware limited liability company
By:.
JAMES T. SHAHEEN, JR., Manager
By:.
JOHN H. DOBBS, JR, Manager
By:.
W. CHRISTOPHER CROSBY, Manager
By:.
EDWARD J. DOBBS, Manager
CONSENT AND SUBORDINATION BY LIENHOLDER
Llenholder, 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.
FIFTH THIRD BANK, an Ohio state banking
corporation
Priftted T^m^S\)fo (f IA/^\
Title:
APPROVED AS TO FORM.
THIS DOCUMENT MAY NOT
BE CHANGED WITHOUT
RE-SUBMISSION FOR APPROVAL
City Attorney
Page 3
0:\5 EASEAfENTS\Sfralegic BH\Public Access and Landscape Easement 04-28-2014.docx
Doc Bk Vol ps01194004 OR 12014 238
THE STATE OF TENNESSEE
COUNTS OP
ACKNOWLEDGMENT
This instrument was acknowledged before me on this day of
2014, by JAMES T. SHAHEEN, JR, Manager of STRATEGIC BH " COLLEG^TATION,
LLC, a Delaware limited liability company, on behalf of said STRATEGIC BH " COLLEGE
STATION, LLC, a Delaware limited liability company.
^€1?^^}^t-^"%IW°* STATE' ^
.</''/IA-
Notary public in and for the Siaie of Tennessee
THE STATE OF TENNESSEE
COUNTS OF
ACKNOWLEDGMENT
This instrument was acknowledged before me on this day of
2014, by JOHN R DOBBS, JR, Manager of STRATEGIC BH - COLLEGE STATION, LLC, a
Delaware limited liability company, on behalf of said STRATEGIC BH - COLLEGE STATION,
LLC, a Delaware limited liability company.
Notary Public in and for the State of Tennessee
THE STATE OF TENNESSEE
COUNTS OF
ACKNOWLEDGMENT
This instrument was acknowledged before me on this day of
2014, by W. CHRISTOPHER CROSBY, Manager of STRATEGIC BH" COLLEGE STATION,
LLC, a Delaware limited liability company, on behalf of said STRATEGIC BH -- COLLEGE
STATION, LLC, a Delaware limited liability company.
Notary Public in and for the State of Tennessee
Page 4
0:\5 EASEMENrS\Siralegic BH\Public Access and Landscape Easement 04-28-2 O14.cfocx
Doc &k Vol Ps01194004 OR 13014 239
THE STATE OF TENNESSEE §
§ ACKNOWLEDGMENT
COUNTY OF ^h^lh^ §
s
This instrument was acknowledged before me on this _ day of _,
2014, by JAMES T. SHAHEEN, JR, Manager of STRATEGIC BH - COLLEGE STATION,
LLC, a Delaware limited liability company, on behalf of said STRATEGIC BH - COLLEGE
STATION, LLC, a Delaware limited liability company.
Notary Public in and for the State of Tennessee
THE STATE OF TENNESSEE §
§ ACKNOWLEDGMENT
COUNTY OF j;i€//bw §
This instrument was acknowledged before me on this ^ day of /)) ,\_,, _,
2014, by JOHN H. DOBBS, JR., Manager of STRATEGIC BH - COLLEGE STATION, LLC, a
Delaware limited liability company, on behalf of said STRATEGIC BH " COLLEGE STATION,
LLC, a Delaware limited liability company.
-t?
Notary Public in and for the State of Tennessee
P£BRUARY^20^
THE STATE OF TENNESSEE §
§ ACKNOWLEDGMENT
COUNTY OF J/u'. ib--/ §
This instrument was acknowledged before me on this -H/ . day of /
2014, by W. CHRISTOPHER CROSBY, Manager of STRATEGIC BH - COLLEGE STATION,
LLC, a Delaware limited liability company, on behalf of said STRATEGIC BH "- COLLEGE
STATION, LJsC^Qel^ware limited liability company.
\ "m,
Notary Public in and for the Slate of Tennessee
MON EXPERES^F£:Bmnv4.:scm
0:15 EASEMENTS\Strafegic BH\PubUc Access and Landscape Easement 04-28-2014.docx
,0ac: &k yoi ps01:1,94004 OR 12014 340
THE STATE OF TENNESSEE
COUNTS OF ^A<, in,,
ACKNOWLEDGMENT
This instrument was acknowledged before me on this ^( day of
2014, by EDWARDS J. DOBBS, Manager of STRATEGIC BH -- COLLEGE STATION, LLC,
a Delaware limited liability company, on behalf of said STRATEGIC BH - COLLEGE
STATION, LLG,"a Delaware limited liability company.
_:t-..?.-:^.™-/i'..
Notary Public in and for the State of Tennessee
THE STATES
COUNTY OF
ACKNOWLEDGMENT
This instrument was acknowledged before me on this day of
2014,by , of FIFTH THIRD BANK, an
Ohio state banking corporation, on behalf of said FIFTH THIRD BANK, an Ohio state banking
corporation.
Notary Public in and for the State of
PREPARED IN THE OFFICE OF:
City of College Station
Legal Department
P.O. Box 9960
College Station, Texas 77842-9960
RETURN OmGINAL DOCUMENT TO:
City of College Station
Legal Department
P.O. Box 9960
College Station, Texas 77842-9960
Page 5
0:\5 EASEMENTS\Slrategic BH\Pub}ic Access and Landscape Easement 04-28-20 H.docx
Doc 8k Vol Ps01194004 OR 3.2014 24:
THE STATE OF TENNESSEE
COUNTY OF
ACKNOWLEDGMENT
This instrument was acknowledged before me on this day of
2014, by EDWARDS J. DOBBS, Manager of STRATEGIC BH -- COLLEGE STATION, LLC,
a Delaware limited liability company, on behalf of said STRATEGIC BH — COLLEGE
STATION, LLC, a Delaware limited liability company.
Notary Public in and for the State of Tennessee
THE STATE OF
COUNTY OF C^A^/L §
ACKNOWLEDGMENT
This instrument was acknowledged before me on this 4- day of2014, by<^p)^^^|o^
Ohio state banking corporation, Qn
, of FIFTH THIRD BANK, an
Qn behalf of said FIFJH THIRD BANK, an Ohio state bank!
corporation. .^^>^—Sfe
.?6^°i;:" ^/S^~ f^MV: "^
I] O.s'j J TEN^ESS^E1 I NCHXRVlC^ PUBLIC
uUic in an^- th^State ofNota
PREPARED IN THE OFFICE OF:
City of College Station
Legal Department
P.O. Box 9960
College Station, Texas 77842-9960
My Commission Expires
August 23. 2016
RETtTRN ORIGINAL DOCUMENT TO:
City of College Station
Legal Department
P.O. Box 9960
College Station, Texas 77842-9960
Page 5
0; \5 EASEMENTS^Sirategic BH\Public Access and Landscape Easement 04-28-2014Mocx
EXHIBIT A
...... J)uc. BK ...V^^ Ps91194004 OR 12014 242
- METES AM) BOUIWS DESCRIPTIONOF APUBLIC ACCESS EASEMENT
COLLEGE STATION MEDICAL + SENIOR HVING
COLLEGE; STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF A PUBLIC ACCESS EASEMENT LYTENGAND BEING SITUATED IN COLLEGE
STATION, BRAZOS COUNTY, TEXAS. SAffi BASEMKNTT BBINGA PORTION OP LOT 3, COLLEGE STATION MEDICAL +SENIOR LIVING ACCORDING TO THE PLAT RECORDED IN VOLUME 11071, PAGE 177 OF THE OPHCIAL PUBLIC
TRECORDS OP BSAZOS COUNTY, TEXAS.
SAID SASBMBNT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS JFOLLOWS:
BEGINNING AT A 1/2 INCH IROM ROD FOLFND ON THE NORTHWEST LINE OF ARNOLD ROAD (60' R.O.W.) MARKING
THE SOUTHEAST COfiNER. OF SAID LOT 3 AMD THE NORTHEAST CORNER OFLOT2, COLLEGE STATION NEDICAL +SENIOX LIVING,
THENCE; S 89° 54' 0 I" W ALONG THE COMMON UNE OF SAID LOT 3 AM) SAID LOT 2 FOR A DISTANCE OF 87.95
FEBT;
THENCE! THROUGH SAID LOT 3 FOR THE FOLLOWING CALLS:
N 00° 05< 59"W FORA DISTANCE OF 10,63 FEET TO THE BEGINNING OF A CLOCKWISB CU&YEHAWGA
fiADIUS OF 122.00 FEET;
ALONG SAID CURVE THROUGH A CENTRALA14GLB OF 28° 39r 39" FORAN ARC DISTANCE OP 61.03 PBST
, (CHORD SEAKS; N 82° 48' 50" W - 60.39 FEET) TO THE END OF SAID CURVE AND THE BEGINNING OP ACOUNTERCLOCKWISE CURVE HAVING A RADIUS OP 97,00 FBBT;
ALONG SAID CURVE THROUGHA CENTRAL AHGLE OF 43° 02' 39" FORANAR.C DISTANCEOF72.87FEBT
(CHORD BEAKS: S 89° 59* 40" W - 71.17 FEET) TO THE END OF SAID CURVE AND THE BEGINNINGOF ACU)C™(SB CURVE HAVING A RADIUS OP 204.37 FEET;
ALONG SAID CURVETHROUGHACENTRALA'NGLBOP 44° 1S108"FORANARCDISTANCEOF 157.84 FEET
(CHORD BEAXS: ^ 89° 24' 05" W -153.95 FEET) TO THE END OF SAID CURVE AND THE BEGINNING OF A
CLOCKWISE CURVE HAVINGA RADIUS OP 108.00 PEET;
ALONG SAID CIXVK THROUGHA CENTRAL ANGLE OF 14° 59'32" FORAN ARC DISTANCE OF 28.26 FEET
(CHORD BEARS; N 59° 46' 45" W - 28.18 FEET) TO THE END OF SAID CUEWEAND THE BEGINNING OFA
COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 16430 FEET;
ALONG SAID CURVE THROUGH A CBNTRALANGLB OF 43° 37'54"PORAN ARC DISTANCE OP 125.27 FEET
(CHORD BEARS: N 74° 05' 57" W -122.26 FEET) TO THE END OF SAID CURVE AND THE BBGINNING OF A
CLOCKWISE CURVE HAYING A RADIUS OF 58.00 FEET;
ALONG SAID CURVE THROUGHA CENTRAL ANGLE OP 38° 31* 25" PORAN ARC DISTANCE OF 39.00 FEET
(CHORD BEA^S: N 76° 39' 12" W - 38.27 FEET) TO THE END OF SAID CURVE ON THE COMMON LINE OF
SAID LOT 3 AND A CALLED 18.83 ACRE TRACT AS DESCRIBED BY A DEED TO THE CITY OF COLLBGE
STATION.RECOKDED W VOLUME 448, PAGE 234 OF THE DEED RECORDS OF BRAZOS COUNTS, TEXAS»FOR REPERBNCE A 1/2 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF SAID 1 8.83 ACRE TRACTMARKING THE COMMON COKNBR OF SAID LOT 3 AND SAJD LOT 2 BEARS; S 41° 51' 07" W POS. A
DISTANCE OF 103.68.FEET;
THENCE: N41<>5P 07" EALONG THE COMMONUNE OF SAID LOT 3 AND SAID 18.83 ACRE TRACTFORADISTANCEOF 10.16 FBBT TO THE BEGINNING OF A COUNTERCLOCEWISE CURVE HAVING A RADmS OF 48.00 FEET;
THENCE: THROUGH SAID LOT 3 TOR.'HDi FOLLOWING CALLS;
EXHIBIT A Doc Bk Vol01194004 OR J. 2014.
ALONG SAID CURVE THROUGHA CENTRAL ANGLE OP 36° 34'31"PORAN ARC DISTANCEOF30.64EEET
(CHORD BEARS: S 77° 37' 39" E - 30.12 FEET) TO THE END OF SAID CURVE AND THE BEGINNING OFA
CLOCKWISB CURVE HAVING A RADIUS OF 174.50 FEET,
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43° 37' 54" FOR AN ARC DISTANCE OF 132.88 FEET
(CHORD BEARS: S 74° 05' 57" E -129.70 FEET) TO THE END OF SAID CURVB AMD THE BEGINNING OF ACOUNTERCLOCKWrSE CURVE HAVINGA RADIUS OF 98.00 FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14° 59' 32" FORAN ARC DISTANCE OF 25.64 FEET
(CHORD BEARS: S 59° 46' 45" JB - 25.57 FBET) TO THE END OP SAID CURVE AMD THE BEG-JNN3NG OF ACOUNTERCLOCKWISE CURVE HAVING A RADIUS OF 194.37 FEET;
ALONG SAID CURVE THROUC^ACENTRALANGLE OF 44° 15'08"FORA]NfARCDISTANCEOF150.12FEET
(CHORD BEARS: S 89° 24' 05" E -146.42 FEET) TO THE END OF SAID CURVE AND THE SECHMNING OF ACLOCEWISE CURVE HAVINGA RADtOS OP 107.00 FEET;
ALONG SAID CURVE THROUGH A CENTJBAL ANGLE OF 43° 02" 39" FORANAXC DISTANCE OF 80.39 PEBT
(CHORD BEARS: N 89° 59' 40" E - 78.51 FEET) TO THE END OF SAID CURVE AND THE BEGINNING OF ACOUMTBRCLOCKWJSE CURVE HAVING A RADIUS OF 112.00 FEET;
ALONG SAID CURVE 1THROUOHA CENTRAL ANGLE OF 65&50126i'JFORANARCD]STANCEOF 128.70 FEET
(CHOKX) BEARS:N 78° 35' 46" B -121.74 FEET) TO THE END OF SAID CURVE;
N 34° 09' 47" E FORA DISTANCE OF 57.89 FEET,
M 43& 01' 29" B FOR A DISTANCE OP 47.83 PHET;
S 46° 58' 31" EJ?ORADISTANCE OF 62.19 FEBT TO THENORTHWEST LINE OF ARNOLD ROAD MARKING
THB MOST EASTESLY CORNER OF THIS HEREIN DESCRIBED ACCESS EASEMENT;
THENCE: S 43°01t29"WALONGTHENORTHWESTLmE OF ARNOLD ROAD FORADISTANCE OF U5.62PEETTOTHEFOINT OF BEGINNING CONTAINING 0.328 OF AN ACRB OF LAND, MORB OF LESS. BEARING SYSTEM SHOWN
HEKEEN IS BASED ON THE PLAT CALL BEARINGS OF COLLEGE STATION MEDICAL 4- SENIOR LIVING, 11071/177. SEEPLAT PREPARED APRIL 2014 POP MORE DESCRIPS
BRADKERR
REGISTERED PROFESSIONAL
LAND SURVEYOR-No. 4502
D:WORK/MAB/l4-212A.MAB
^INFORMATION.
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a^»K»viUS^
Filed for RecordBRftZOS COUNTY
Ons Hay 15r20U at
As a
Rscordjnss
Oocuaent Nuaibers
Agaaunt;
Receipt Mutaber -
Cyftfchia Rincon
ins
0331&P
01194004
AMQ
509327
STATE OF TEXAS COUNTY OF BRAZOSI hereby certify fehat this instrusient WQSfiled an the date and fciffle sfcafapsd hereof) by (fie
and yas duly recofded in the volufiis and passof fche Official Public records of;
BRAZOS COUNTY
as sfeaspsd hwsan by ftta.
ttey 15»2014
Koren ttcQuesnr Brazos Counfey ClerkBRAZOS COUNTY