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2016V13178P133NOTICE OF CONFIDENTIALITY 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. PUBLIC ACCESS AND LANDSCAPE EASEMENT DATE: c^|^> 1]^^ ,2016 GRANTOR: RIVER RIDGE TOWNHOMES, LTD., a Texas limited partnership GRANTOR'S MAILING ADDRESS: 4060 Highway 6 South (including Coimty) 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 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration. PROPERTY: All that certain tract or parcel of land containing 0.54 acres, more or less, lying and being situated in the Crawford Bumett League, Abstract No. 7, College Station, Brazos County, Texas, and being a Public Access Easement, also being a part of Lot 2R of William Brook Hunter Estates according to the plat recorded in Volume 7627, Page 19, of the Official Records ofBrazos County, Texas, said 0.54 acre tract 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. A15-001033 Page 1 0:\5 EASEMENTS\river ridge lownhomes\20I5 - Lot 2R William Brooke Huufer Estates\Public Access imd Lcmdscdpe Ensement.doc.f For and in consideration of the benefits accruing to the citizens of GRANTEE and to the general public, GRANTOR herein GP/ES 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 ofh-ees 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 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. A15-001033 Page 2 0:\5 EASEMENTS\rive!'iicige to}vnfiomes\20I5 - Lot 2 R Wni'tam Brooke Hunler Es{afes\Piiblic Access and Landscape Rasement.docx RIVER RIDGE TOWNHOMES, LTD, A Texas limited partnership By: SKYCO MANAGEMENT, L.L.C., A Texas limited liability company Its General Partner By:_ALTON E. OFCZAfzAfc ^a^ger 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 Licnholder 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. GUARANTY BANK & TRUST, N. A. By: Printed ^lamfe: Title: / <;, ^ ^,^^•(^—- Vr-f-^ APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. A15-OOW33 Page 3 0:\5 EASEMENTS\river ridge townfiomes\2015 - Lot 2R Willittm Brooke Hunter Esfates\Pnblic Access and Landscape Easement.docx THE STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT This instrument was acknowledged before me on this ^ day of VC^U-CX.;(\.A , 2016, by ALTON E. OFCZARZAK, Manager of SKYCO MANAGEMENT, L.L.C, a Tex-as limited liability company. General Partner of RWER RIDGE TOWNHOMES, LTD., a Texas limited partnership, on behalf of said RIVER RIDGE TOWNHOMES, LTD., a Texas limited partnership. ^^^Sati^s^i^Si^f^S^^MOTUH<OL8ACH)NSKINotary PublicSTATE OF TEXASMyComm. Exp, 09/18/2019 D \n^^\ \{I !\\^ -\\rL ~^y u v i//°.yJK. 'y^{ >^-//f (\\i ii^'-^v.^ NOTARY XUBLIC in and for the State of Texas THE STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT .,, This instrument was acknowledged before me on this ^-^ day of^[DC>\{k(\\-A > 2016, by IW)IU. KdbOiV\.mu _,' ftWr) .^^^YVMU- of GUX^ANTY BANK & TRUST, N.A, on behalf of said GUARANTY BANK & TRUST, N.A. MOLLY KOLBACHINSKiNotary PublicSTATE OF TEXAS MyComm.6xp.09/18/2019 \irii licyurusu. NOTARY PUBLIC in and for the State of Texas 'Va^W»Qf*wyf^!l{yiyyw^s~yffs^j-fn n jiy r iij.^,u PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842-9960 AFTER RECORDING, RETURN TO: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842-9960 A15-001033 Page 4 0:15 EASEMENTS\rh'er ridge townhomes\2015 - Lot 2R WifHam Brooks Himter Estafes\Pub!ic Access ami Lanffscfipe Easement, (focx EXHIBIT A Field Notes Public Access Easement 0.54 Acres Being all of that certain tract or parcel of land, lying and being situated in the CRAWFORD BURNETT LEAGUE, Abstract No. 7, College Station, Brazos County, Texas and being a Public Access Easement, also being a part of lot 2R of William Brook Hunter Estates according to the plat recorded in Volume 7627 page 19 of the Official Records ofBrazos County, Texas and being more particularly described as follows: BEGINNING: at a 5/8" iron rod with cap set for the most northerly common comer of said lot 2R and lot 1 of Parkway Circle (508/561); same being in the common line between lot 20, block 2 of South-Land Addition (134/423) and said lot 1 of Parkway Circle; THENCE: S 66°37'171t E - 36.339 feet along the common line between said lot 2R and said lot 1 of Parkway Circle to a point; THENCE: S 09°57f46" E - 38.370 feet to a pomt; THENCE: S 30°10106" E - 19.104 feet along the common line between said lot 2R and said lot 1 of Parkway Circle to a point; THENCE: S 42°33147" W - 110.279 feet to a point for comer; THENCE: S 14052!34" E - 43.285 feet to a beginning point for a curve to the right with a central angle of 41°41'37"/ radius=40.500 feet/ tangent=15.422 feet/ arc distance - 29.472 feet and chord bears S 05°58'15" W for a distance of 28.826 feet and beginning point of a curve to the left; THENCE: along curve to the left with a central angle of 74°15'16"/ radius=24.000 feet/ tangent:a;18.169 feet/ arc distance = 31.104 feet and chord bears S 10°18'35" E for a distance of 28.972 feet; THENCE: S 47°26tl311 E - 12.76 feet to a point for a curve to the right; THENCE: along curve to the right with a central angle of 15°44'56"/ radius=66.00 feet/ tangent=9.13 feet/ arc distance = 18.14 feet and chord bears S 39a33'45" E for a distance of 18.08 feet; THENCE: S 31041'17}1 E - 66.795 feet to a point for a curve to the right; THENCE: along curve to the right with a central angle of 19°21t04"/ radius^45.000 EXHIBIT A feet/ tangent==7.672 feet/ arc distance = 15.198 feet and chord bears S 22°00145" E for a distance of 15.126 feet; THENCE: S 12°20(13" E - 175.776 feet to a point for a curve to the right; THENCE: along curve to the right with a central angle of 18°l1'12>t/ radius=127.000 feet/ tangentis:20.327 feet/ arc distance = 40.312 feet and chord bears S 03°14'37" E for a distance of 40.143 feet; THENCE: S 05°50!59" W - 216.499 feet to a point for a curve to the left; THENCE: along curve to the left with a central angle of 40°05'24"/ radius:=s37.000 feet/ tangent=43.500 feet/ arc distance = 25.889 feet and chord bears S 14°11'43" E for a distance of 25.364 feet; THENCE: S 35°37t53" E - 61.163 feet to point for corner; THENCE: S 54°20'35" W - 15.000 feet to point for comer; THENCE: N35037'38" W - 61.534 feet to a point for a curve to the right; THENCE: along curve to the right with a central angle of 40°05124"/ radius=52.000 feet/ tangent=18.973 feet/ arc distance = 36.385 feet and chord bears N 14°llt43tt W for a distance of 35.647 feet; THENCE: N 05°50'59" E - 216.500 feet to a point for a curve to the left; THENCE: along curve to the left with a central angle of 08W291'/ radius-111.800 feet/ tangent^7.957 feet/ arc distance = 15.886 feet and chord bears N 01°47'H" E for a distance of 15.873 feet; THENCE: N 84°09101" W - 30.439 feet to point for corner; THENCE: N 12°20t'l31t W - 20.082 feet to point for corner; THENCE: N 77°39'47" E - 30.641 feet to point for corner; THENCE: N 12020'13" W - 165.76 feet to a point for a curve to the left; THENCE: along curve to the left with a central angle of 19°21!04"/ radius=30.000 feet/ tangent=5.115 feet/ arc distance = 10.132 feet and chord bears N 22W45" W for a distance of 10.084 feet; EXHIBIT A THENCE: N 31°41tl7tl W - 66.795 feet to a point for a curve to the left; THENCE: along curve to the left with a central angle of 15°44'56"/ radius=5LOOO feet, tangent=7.054 feet/ arc distance = 14.018 feet and chord bears N 39°33'45" W for a distance of 13.974 feet; THENCE: N47°26tl3tt W -12.76 feet to a point for a curve to the right; THENCE: along curve to the right with a central angle of 74°15'16"/ radius=39.000 feet/ tangent=29.525 feet/ arc distance =s 50.543 feet and chord bears N 10°18'35" W for a distance of 47.080 feet and beginning point of curve to the left; THENCE: along curve to the left with a central angle of 41°41'37"/ radius=25500 feet/ tangent=9.710 feet/ arc distance = 18.556 feet and chord bears N 05°58'15" E for a distance of 18.149 feet; THENCE: N U052'34" W - 40.140 feet to point for corner; THENCB: N 47°26'13tt W - 77.594 feet to pomt for comer; THENCE: N 42°33'47" E - 141.688 feet to the PLACE OF BEGINNING and 0.54 acres of land/ more or less/ according to a survey made one the ground under the supervision of Donald Garrett/ Registered Professional Land Surveyor No. 2972 on July 24,2015. .^^^\ EXHIBIT A iiiiiiii^ . /f^r^ >::^;::;^:^^'iliWSi 1%fopp%? ^^PWW?TOI?®)^' f^!^ ©@£^D[D)(O> COL^SB SrATIONTSXAS Doc 8k Val Ps31255733 OR 1317B Ul 1 lisa for F'scord 1-r^liR^ZOS COIIMTY 1 '^^ fC^ £. .^ ^'3' <i^"^^?F F^ LT JL -i 7 ^ L2 i ^ L^ u U ^ ^ %; ^ As a Docu^nt Hurbsrs &1255732 ^I'iiOUnt 34=UU Rscaipt SW^ " 567134 By?Dsbbls B-aksr STATE OF TEXAS COUNTY OF BR^OS I hsrsby cerUf'j t-hGt this lnstr:j^ent 955 f Usd nr; ths dsts and tl^s SGS^ped hppeori b^ ^3 and wss dul^ rscQt^ded in ths voluais and pass st ahs Offti:;Ql Public fscsrds ofs SsAZOS COUNTY S'i S£".MFP:1 i'iS)'''';:.!01'{ i'ls Si'S.s Karsn HcQussn? Brssos Cousita ClsrkBRAZOS COUHH