HomeMy WebLinkAboutDedicated Private Access Agreement •
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01050668 nR 9447 57
Dedicated Private Easement Agreement for Access
Notice 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.
Date: Effective October 30,2009
Grantor: Pebble Creek Development Company,a Texas corporation
Grantor's Mailing Address: 4500 Pebble Creek Parkway
College Station,Brazos County,Texas 77845
Grantee: Lubbock National Bank and any subsequent owner or tenant of the Dominant Estate
Grantee's Mailing Address: 4811 50th Street
Lubbock,Lubbock County,Texas 79414
Attention:Eddie Schultz
Dominant Estate Property:
Being that certain tract or parcel of land lying and being situated in the S.W. Robertson
Survey,Abstract 202,in College Station,Brazos County,Texas,containing approximately
0.9864 acres of land,all as being more particularly described on Exhibit"A"attached hereto
and incorporated herein,and portions thereof.
Easement Property:
Tract One - Being a tract or parcel of land being fifty-three feet(53')in width all or more
particularly described on Exhibit"B" and Exhibit"B-1" attached hereto and incorporated
herein for all purposes("Lakeway Drive Access Easement").
Tract Two - Being a tract or parcel of land being seventy and sixty one hundredths feet
(70.6') in width and being more particularly described on Exhibit "C" and Exhibit"C-1"
attached hereto and incorporated herein for all purposes ("William D. Fitch Parkway
Easement").
Easement Purpose:
The William D.Fitch Easement being for the purpose of providing free and uninterrupted
nonexclusive pedestrian and vehicular ingress to and egress from the Dominant Estate
Property to William D.Fitch Parkway in the City of College Station,Texas in the Iocation
shown on Exhibit"C-1"attached hereto,and the Lakeway Drive Access Easement being for
the purpose of providing free and uninterrupted nonexclusive pedestrian and vehicular
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OR 9467 53
ingress and egress from the Dominant Estate Property to Lakeway Drive in the City of
College Station,Texas in the location shown on Exhibit"B-1" attached hereto.
Consideration:
Good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by Grantor.
Reservations from Conveyance:
The reservation by Grantor for Grantor and its assigns of a nonexclusive right to use the
Easement and improvements placed thereon for the purpose of ingress and egress to the rest
and remainder of Grantor's property set forth on Exhibit"D" attached hereto plus any such
other property the Grantor may grant the nonexclusive right to use such Easement.
Exceptions to Warranty:
1. All valid and subsisting easements,restrictions,rights-of-way,conditions,exceptions
and reservations and covenants of whatsoever nature of record,if any,and also to the zoning
laws and other restrictions, regulations, ordinances and statutes of municipal or other
governmental authorities applicable to and enforceable against the herein described real
property.
2. Any prior reservation of oil, gas and other minerals in, on or under the herein
described property by Grantor's predecessors in title together with any leases pertaining to
such interest.
Grant of Easement:
Grantor, for the Consideration and subject to the Reservations from Conveyance and
Exceptions to Warranty,grants,sells,and conveys to Grantee and Grantee's successors,and
assigns a nonexclusive easement over, on, and across the Easement Property for the
Easement Purpose for the benefit of the Dominant Estate Property,together with all and
singular the rights and appurtenances thereto in any way belonging (collectively, the
"Easement"),to have and to hold the Easement to Grantee and Grantee's heirs,successors,
and assigns forever. Grantor binds Grantor and Grantor's heirs, successors,and assigns to
warrant and forever defend the title to the Easement in Grantee and Grantee's heirs,
successors,and assigns against every person whomsoever lawfully claiming or to claim the
Easement or any part thereof,except as to the Reservations from Conveyance and Exceptions
to Warranty, to the extent that such claim arises by, through, or under Grantor but not
otherwise.
Terms and Conditions:
The following terms and conditions apply to the Easement granted by this agreement:
1. Character of Easement. The Easement is appurtenant to and runs with all or any
portion of the Dominant Estate Property,whether or not the Easement is referenced
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or described in any conveyance of all or such portion of the Dominant Estate
Property. The Easement is nonexclusive and irrevocable. The Easement is for the
nonexclusive benefit of Grantee and its successors, and assigns and for any other
entity or individual who at any time own, lease or occupy the Dominant Estate
Property or any portion of the Dominant Estate Property the ("Holder"). This
Easement is appurtenant to the Dominant Estate Property and may not be sold,
conveyed or encumbered separate and apart from the Dominant Estate Property.
2. Duration of Easement. The duration of the Easement is perpetual.
3. Reservation of Rights. Grantor reserves for Grantor and Grantor's successors,and
assigns the right to continue to use and enjoy the surface of the Easement Property
for all purposes that do not interfere with or interrupt the use or enjoyment of the
Easement by Holder for the Easement Purposes. Grantor reserves for Grantor and
Grantor's heirs,successors,and assigns the right to use all or part of the Easement in
conjunction with Holder and the right to convey to others the right to use all or part
of.the Easement in conjunction with Holder,as long as such further conveyance is
subject to the terms of this agreement. The Grantor also reserves the right to use the
Easement for electrical, water, gas, telephone and other similar utilities' lines
provided such use does not unreasonably interfere with Holder's use of the Easement.
4. Improvement and Maintenance ofEasement Property. Grantor shall at Grantor's sole
expense and cost construct and install a street with all culverts,bridges,curbs,and
similar or related utilities and facilities under or across any portion of the Easement
Property(collectively,the"Easement Improvements"). All matters concerning the
configuration, construction, location of curb cuts, installation, maintenance,
replacement, and removal of the Easement Improvements are subject to Grantor's
prior written approval.Once Grantor has constructed the Easement Improvements,
Grantor or its assigns shall maintain the Easement Improvements,unless the repair
or maintenance of the Easement Improvements is the result of the Holder's
negligence or intentional misuse of the Easement Improvements,in which event the
Holder shall be required to make the repairs to any damage caused by Holder's
negligence or intentional misuse. In the event a Property Owners Association is
formed that includes and covers the Dominant and Serviant Estate, Grantor may
assign such maintenance to the Property Owners Association.
5. Equitable Rights of Enforcement. This Easement may be enforced by restraining
orders and injunctions (temporary or permanent) prohibiting interference and
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commanding compliance.Restraining orders and injunctions will be obtainable on
proof of the existence of interference or threatened interference,without the necessity
of proof of inadequacy of legal remedies or irreparable harm,and will be obtainable
only by the parties to or those benefitted by this agreement;provided,however,that
the act of obtaining an injunction or restraining order will not be deemed to be an
election of remedies or a waiver of any other rights or remedies available at law or
in equity.
6. Attorney's Fees. If any party retains an attorney to enforce this agreement,the party
prevailing in litigation is entitled to recover reasonable attorney's fees and court and
other costs.
7. Binding Effect. This agreement binds and inures to the benefit of the parties and their
respective heirs,successors,and permitted assigns.
8. Choice of Law. This agreementnyy jurisdiction.er e laws of the�.Venue is in Bra os
ate of
Texas,without regard to choice-of-law rules of a
County,Texas.
9. Counterparts. This agreement may be executed in any number of counterparts with
the same effect as if all signatory parties had signed the same document, All
counterparts will be construed together and will constitute one and the same
instrument.
10. Waiver of Default. It is not a waiver of or consent to default if the nondefaulting
party fails to declare immediately a default or delays in taking any action.Pursuit of
any remedies set forth in this agreement does not preclude pursuit of other remedies
in this agreement or provided by law.
11. Further Assurances, Each signatory party agrees to execute and deliver any
additional documents and instruments and to perform any additional acts necessary
or appropriate to perform the terms,provisions,and conditions of this agreement and
all transactions contemplated by this agreement.
12. Indemnity. Each party agrees to indemnify,defend,and hold harmless the other party
from any loss,attorney's fees,expenses,or claims attributable to breach or default
of any provision of this agreement by the indemnifying party.
13. Integration. This agreement contains the complete agreement of the parties and
cannot be varied except by written agreement of the parties.The parties agree that
there are no oral agreements,representations,or warranties that are not expressly set
forth in this agreement.
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14. Legal Construction. If any provision in this agreement is for any reason
unenforceable, to the extent the unenforceability does not destroy the basis of the
bargain among the parties,the unenforceability will not affect any other provision
hereof,and this agreement will be construed as if the unenforceable provision had
never been a part of the agreement. Whenever context requires, the singular will
include the plural and neuter include the masculine or feminine gender, and vice
versa.Article and section headings in this agreement are for reference only and are
not intended to restrict or define the text of any section.This agreement will not be
construed more or less favorably between the parties by reason of authorship or
origin of language.
15. Notices. Any notice required or permitted under this agreement must be in writing.
Any notice required by this agreement will be deemed to be delivered (whether
actually received or not) when deposited with the United States Postal Service,
postage prepaid, certified mail, return receipt requested, and addressed to the
intended recipient at the address shown in this agreement.Notice may also be given
by regular mail,personal delivery,courier delivery,facsimile transmission,or other
commercially reasonable means and will be effective when actually received. Any
address for notice may be changed by written notice delivered as provided herein.
16. Recitals. Any recitals in this agreement are represented by the parties to be accurate,
and constitute a part of the substantive agreement.
17. Time. Time is of the essence. Unless otherwise specified, all references to "public
mean calendar days. Business days exclude Saturdays, Sundays, and legal p
holidays.If the date for performance of any obligation falls on a Saturday,Sunday,
or legal public holiday,the date for performance will be the next following regular
business day.
PEBBLE CREEK DEVELOPMENT COMPANY,
a Texas corporation
By:
Name:
Title:
LUBBOCK NA e - _ 'N
By: .. � �`
�1'�
Name: /', e
Title: Se dO
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14. Legal Construction. If any provision in this agreement is for any reason
unenforceable, to the extent the unenforceability does not destroy the basis of the
bargain among the parties,the unenforceability will not affect any other provision
hereof, and this agreement will be construed as if the unenforceable provision had
never been a part of the agreement. Whenever context requires, the singular will
include the plural and neuter include the masculine or feminine gender, and vice
versa. Article and section headings in this agreement are for reference only and are
not intended to restrict or define the text of any section.This agreement will not be
construed more or less favorably between the parties by reason of authorship or
origin of language.
15. Notices. Any notice required or permitted under this agreement must be in writing.
Any notice required by this agreement will be deemed to be delivered (whether
actually received or not) when deposited with the United States Postal Service,
postage prepaid, certified mail, return receipt requested, and addressed to the
intended recipient at the address shown in this agreement.Notice may also be given
by regular mail,personal delivery,courier delivery,facsimile transmission,or other
commercially reasonable means and will be effective when actually received. Any
address for notice may be changed by written notice delivered as provided herein.
16. Recitals. Any recitals in this agreement are represented by the parties to be accurate,
and constitute a part of the substantive agreement.
17. Time. Time is of the essence. Unless otherwise specified,all references to "days"
mean calendar days. Business days exclude Saturdays, Sundays, and legal public
holidays. If the date for performance of any obligation falls on a Saturday, Sunday,
or legal public holiday,the date for performance will be the next following regular
business day.
PEBBLE CREEK DEVELOPMENT COMPANY,
a Texas corporation
By:
Name: e
.gOvn4s
Title: 7f eci evt+
LUBBOCK NATIONAL BANK
By:
Name:
Title:
Pae 5
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01050668 OR 9467 ��'
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
1+'14C
ie f, -t ,g instrument was acknowledged before me on this the day of
i,, i i I , 2009, by
of Pebble Creek Development Company,a Texas corporation,on
behalf of said corporation.
Notary Public,State of Texas
My Commission Expires:
THE STATE 0 EXASj,{� §
COUNTY OF Y7/1 //U� §
The foregoing instrument was ac d e befor o�l s ,til, 1, d• ,of
09 b j� �� /_�� U�•UL
ji" , I 1 ( � of Lubbock Natio • Bank,on behalf of said ban• .
oVAI �% JENNIFER I•, KCOMINCZAK ij�L.� �Ql ``opgY.,erf. Stat®of Texas
7; : I Notary Public, Expires o.• Pub ''ate of Texas ,
4';'.'�� My Commission �
^ 2009 My ommi on Expires: i/
t:'�' December 05,
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0105066B OR 9467 64
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
n The foregoing instrument was acknowledged before me on this the oZ day of
t.b, _ ----� 2009, by DC! 11 t1. Llourt5_---- ------ —,
-e3 idt'n of Pebble Creek Development Company,a Texas corporation,on
behalf of said corporation.
,, h WENDY SHAE SHAFFER
r j.)019tdil , Sil it
_i_ Notary Public,State of Texas Notary Pub ' , State of Texas
,4. My Commission Expires v 1 ' . 3. 21)12-
int My Commission Expires:
THE STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was acknowledged before me on this the day of
, 2009, by ___ --- --- ,
of Lubbock National Bank,on behalf of said bank.
Notary Public, State of Texas
My Commission Expires:
•
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01050668 DR 9ai
EXHIBIT"A"
FIELD NOTES
•
Being all that certain tract or parcel of land lying and being situated in the S.W.
ROBERTSON SURVEY, Abstract No. 202 in College Station, Brazos County, Texas
and being part of the 24.86 acre Tract No.3 described in the deed from.Young Brothers,
Inc.Contractors to Pebble Creek Development Company recorded in Volume 1671,Page
276 of the Official Records of Brazos County, Texas (0.R.13.C.) and being more
particularly described by metes and bounds as follows:
BEGINNING; at a chiseled"x" mark set for the intersection of the southeast right-of-
way line of William D.Fitch Parkway(based on a 130'width as recorded in Volume 495,
Page 453 of the Brazos County Deed Records [B.C.D.R.J) and the southwest right-of-
way line of Lakeway Drive (based on a 80' width described by easement recorded in
Volume 977,Page 135 [O.R.B.C.17, said corner also being in the northwest line of the
said 24.86 acre tract;
THENCE:.S 46.° 55'58"B along the said Lakeway Drive right-of-way line for a distance
of 203.92 feet to a 1/2-inch iron rod set for corner,from whence a found 1/2-inch iron rod
• marking the beginning of a curve to the right in the said line of Lakeway Drive bears
• S 46°55'58"B at a distance of 929.81 feet for reference;
THENCE: S 43° 04' 02"W for a distance of 210.70 feet to a 1/2-inch iron rod set for
corner;
THENCE: N 46° 55' 58"W for a distance of 203.92 feet to a 1/2-inch iron rod set for
corner in the beforesaid southeast right-of-way line of William D. Fitch Parkway, from
whence a found TxDOT R.O.W,monument bears S 43°04'02"W at a distance of 526.18
feet and S 03°03'56"Eat a distance of 135,21 feet for reference;
THENCE:N 43°04'02"B along the said William D.Fitch Parkway right-of-way line for
a distance of 210.70 feet to the POINT OF BEGINNING and containing 0.9864 acres
(42,966.0 sq.ft.)of land,more or less.
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01.05O668 OR 9467 bb
EXHIBIT"B"
• Fil I)NOTES .
53'WIDE PRIVATE ACCESS EASEMENT
ALONG LAKBWAY DRIVE
0.1702 ACRES ••
• Being illi•that certain tract or parcel of land lying and being situated in the S.W.ROBERTSON
•
SURVEY,AbstesctNo.202 in College Station,Beams County,Texas and being part
of the 24.86
sere Tract No. 3 described in the deed from Young Brothers,Inc,C nIYt ors to Robbie Creek
• Development Company recorded br•Volutne 1671,Page 276 of the Official Records of Brazos
County,Turd(01t'B.C.)and being more particularly described by mates and hounds as follows:
COMMENC1NCx at a chiseled"x mark set widtb as ed n of the is Volume 495, are 453 of the Brazos
WilliamuyDe Deed
rIB,(based
on a County Dead Records jB.G.D.It-))and the southwest right-of-way line of Lakeway Drlye(based on a
80'width described by carcina recorded In Volume 977,Page 135(O.RB.C.p,the north corner of
Lot 1,,Block 1 of the proposed PEBBLE CREEK CENTER,PHASE 1,said corner also being in the
northwest line of the said 24.86 acre tract
THENCE:S 46°55'58"E along the said Lakeway Drive right-of-way line for a distance of 203.92
feet to a 1/2-inch iron rod set for the POINT
O DBGECREEK11110. id PHASE ou rod
also marking the east
corner of Lot 1,Block 1 of the proposed
THENCE:S 46°55'58"B continuing along said Lakeway Drive for a distance of 143.34 fact for
corner;
THENCE leaving said Lakeway Drive•rigbt-of-way line 1329 feet in a counterclockwise direction
along the arc of a curve baying a oeaha)tingle of 31b 43'58°,a radius of 24.00 feet,a tangent of 6.82
feet and a long chord hearingS58°56''Or Watadistance of13.12feet toshe PointofTangency;
THENCE:S 43°04'02"W for ad'rstance of 24.38 feet'tdWthePoint of CurvatuKeof curve to the right;
7° C$:'25,13 recce eking the`arc of said'curve having a central angle of•90°QO'00",a radius of
16.00 feet;a tangent of 16.00•feet ends look chord beannk S 88°04'02°W et a distance of 22.63
• fed to a for the Point of Tingenir, '
I ENCE:N 46°55'58"Wfor a disuinoe of 108.75 feet to the Point leaven=of curve to the left;
THENCE:23.56 feet•along the are of said curve having a central angle of 90°00'00",a radius of
15.OD feet,a tangent of 15.001*and a long chord bearing S 88°04'02"Wet a distance of 2121
fret Tor owner in the southeast line of pcspostd Lot 1,Block 1 PEBBLE CREEK CENTER,PHASE
t,' .
ENCE;N 43°04'02"B e
7F3loug•Said southeast line for a distance of 68.00 fret to the POINT OF
BEGINNING and comaindng,0.1702 acres(7,414.8 sq.ft.)of land,more or less. . •
I,Kevin R.MaCIwe,Registered Professional Land Surveyor No.5650,Stale of Texas,do hereby
ceriifl that this•suivey substantially•scraplies,wrtli'the caveat Texas Society of Professional
' Surveyors Standards and Spocificstibns for a Category 111,Condition 11 Survey. '
A R.
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01050668 OR 9467 67
EXHIBIT "B-1"
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. EXHXBIT "C"
FI LDTIOTES
70.6'W1DB PRIVATE ACC13SS EASEMBN-T •
• ALONG WILLIAM AFITCH 6St.5 PARKWAY •
Being all that certain tract or parcel of land lying and being situated and beIn the ingS.W.part of ROBtheBR SO 6
N
SURVEY.Abstract No.202 in College Station,Brazos County,
acre Tract Rec. 3, described is the deed from Young Brothers,
276 of ontce t e t0 irds bble
I Creek
•Developniemt Company recorded in Volume 1671,dead by metes and bounds as follows:
azos
County,Texas(O.R.B.C.)and being more ptudeul Y
COMMENCING: at a chiseled"x" ark set at the i�eetion
mof the southeast t{i t-df-way lint of
William)).Pitch Parkway(bend on a 130'width as recorded In Volume 495,Page 453 of the Brazos
County Deed Records CB.C.D•it•})and the southwest right-of-way line of Lakeway Driive oe(basedof
80'width described by easement recorded In Volume 977,Page HAS135[O,R$C )said corneralso being to the
rt)corner
Lot 1,Block l of the proposed PEBBLE CREEK CENTER,
• northwest line of the said 24.86 acre tact; •
THENCE:S 430 04'02"W along the said William D.Pitch Parkway right-of-way Boa for a distance
of 210.70 that to a ill-titch iron rod set for the POINT OP BEGINNING,said iron rod also marking
. the west corner of the proposed Lot I,Block 1;
THENCE:5.46°55'55"B along the southwest line of the proposed Lot I,Block I for a distance of
85.60 feet for comer, •
MIME:23.56 feetbi counter-clockwise direction along the arc of a carve baying a central angle of
90°00'00",a radius 04.15.00 f •a tsegent bf 45.00 feel and a long chord bearing S 88°04'O2°W
atadisteaceof21.21that tddip Ppd.of'ikng Y;
'1ELNCE:S 43°04'02"W for a distance of 128.12 feet to the Point of Curvature of a curve to the
right
THENCE':+'',.5.13 feet along thh arc of twid'etirve having•a central ang)e of 90°OW 00°,a radius of
)6.00 t 5Yangent-bC16:00'feet'atid k lbng Chord bark 88°04' 12"W at a distivtce of 22.63
feet to thq•olutbf Tat1 enVY: .
•
THENCE:.N 46°55'S8"W for a distance of 38.61 Rant to the Point of Curvature of a curve to the
1eft;•• '
THENCE:'17.50 Feet along the arc of'said'ourve having'ecen67°tral
4an lV!atadi47'11".ce r i tea
of
24i00,,d(s ransom o.9.16 feet and a tong wad e E of Williams Di Fitch t ackway;
for annef pit the b otementiooed sbtdbeast igh- y
• THENCE:14 43°04'02"B with
02584ars(k le a d
way line
for
r distance
stand,more 5r less.fet to the POINT OF
• BEO114N)Nt3 and coatairdn8
1,Kevin R McClure,Reestered.Profeasiotial Pa Surveyor No.5650,State of Texas,do hereby
certify prat this surveycomplies with'the cumin Texas Society of profescionel
• Surveyor:5tandw ds and Specitcsriotar for a Category''1$,Condittwi U Survey.
Kevin R.N1- }• tLY.LS.;5650 •, •e" ��,
"KEy(N R N(oCLURE
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Do„_ Bk Vol Ps
01.050668 OR 9467 69
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EXHIBIT"D"
Page 1 of 2
FIELD NOTES
LOT 2,PEBBLE CREEK CENTER
PRELIMINARY PLAT DATED 7ULY,2009
43,167 ACRES
Being all that certain tract or parcel of land lying and being situated in the S.W.ROBERTSON
SURVEY,Abstract No.202 in College Station,Brazos County,Texas and being part of the 65.62
acre Ilea No. 2 and part of the 24.86 acre Tract No.3 both described in the deed from Young
Brothers,Inc.Contractors to Pebble Creek Development Company recorded in Volume 1671,Page
276 of the Official Records of Brazos County,Texas(O.RB.C.) and being more particularly
described by metes and bounds as fbltows:
COMENCINO: ata chiseled"x"mark set for the intersection of the southeast right-of-way line of
William D.Pitch Parkway(based on a 130'width as recorded in Volume 495,Page 453 of the Brazos
County Deed Records[B•C.D.R-1)and the southwest right-of-way line of Lakeway Drive(based on a
80'width described by easement recorded hr Volume 977,Page 135(O.1LB.C.J),said corner also
being in the northwest line of the said 24.86 acre tract;
THENCE S 46°55'sr E along the said Lakeway Drive line for a distance of 203.92 feet to the
POINT OF BEGINNING,
THENCE:along the said southwest tine of Lakeway Drive for the following eight(S)calls:
t) S 46°55'58"E for a distance of 929.81 feet to a found 1)2-inch iron rod for the Point of
Curvature of a curve to the right,
2) 84,55 feel along the are of said curve having a central angle of 09 22'28",a radius of 760_00
feet,a tangent of 42.32 feet and a long chord bearing S 43°44'44"Bata distance of 8451
feet to the Point of Tangency,
3) S 40°33'30"E for a distance of 179.34 feet to the Point of Curvature of a curve to the left,
4) 211.19 feet along the arc of said curve having a central angle of 14"24' 18",a radius of
840.00 feet,a tangent of 106:15 feet and a long chord bearing S 47°
45'39 Bata distance of
210.63 feet to the Point of Tangency,
5) S 54°57'49 E for a distance of 254.78 feet to a found 112-inch iron rod for the Point of
Curvature of a curve to the right,
6) 94.51 feet along the aro of said curve having a central angle of 07°07'30",a radius of 760.00
' feet,a tangent of 47.32 fee*and a long dwrd bearing S 51°24'03"Bata distm ca of 94.45
feet to the Point of Tangency,
7) S 47°50' 18"E for a distance of 262.55 feet to a found 112 inch iron rod for the Point cf
Curvature of a curve to the right and
8) 39.86 feet along the arc of said curve having a central angle of 91°20'48".a radius of 25.00
feet,a tangent of 25.59 feet and a long chord bearing S 02°09'54"13 at a distance of 35.77
linefof
y at
of Venture Drive(based rod to a found 112-inch iron a 80'width for the as recorded in Volume 977e intersection Page 135(O$C.];
THENCE:along the said northwest line of Venture Drive for the following Eve(5)calls:
I) S 43°30'30°W for a distance of 103.96 feet to the Point of Curvature of a curve to the right,
2) 56.89 feet along the are of said curve having a central angle of'04°17'20",a radius of 760.00
feet,a tangent of 28.46 feet and a long chord bearing S 45°39'10"W at distance of 56.88
feet to the Point of Tangency,
3) S 47°47'50"W for(distance of 331..78 feet to the Point of Curvature of a curve to the left,
4) 82.67 feet along the arc of said curve having a central angle of 05°38'19",a radius of 840.00
feet,a tangent of 41.37 feet and a long chord beating S 44°58'41"W at a distance of 82.63
feet to a found 112-inch iron rod for the Point of Tangency and,
5) 5 42°09'31"W for a distance of 320.89 feet to a found 1/2-inch iron rod marking the
intersection of the northeast lire of State Highway 6(width varies at this location),said iron
rod also being in the southwest lice of the said 65.62 acre tin*
THENCE:along the said northeast lint of State Highway 6,said line also being common with the
southwest line of the said 65.62 acre tract and the said 24.86 acre tract for the following four(4)calls:
I) N 49°24'06"W fora distance of 685.72 feet for comer,
Do: C'4, Vol F''
01 1150 0R '14,1„' 71
W / Page 2 of 2
2) N 40°0S'06”W for a distance of 962,56 Feet fnr cornet,
;} N 49°24'06"W for a distance of 475.00 feet to a found TxDOT R.O.W.monument and
4) N 03°03'56"W for a distance of 135.21 feet to the intersection of the beforesaid southeast
right-of way line of William D.Fitch Parkway:
THENCE:N 43°04'02"E along the said William D.Fitch Parkway right-of--way line and the said
northwest line of the 24.86 acre tract for a distance of 526.18*tet for corner,
THENCE:S 46°55'58°H Into the interior of the said 24.86 acre tract for a distance of 203.92 feet
far comer,
THENCE: N 43° 00 02"B for a distance of 210.70 feet to the POINT OF BEGINNING and
containing 43,167 acres of land,more or less.
Filed for Record ii-;:
BRAZOS COUNTY
On: Jan 14,2O10 at 03:43P
As n.
Re:ordin45
DocumentF�uetber: 01050668
Amount 72.tiii
Receipt Number - _.^.12:17
By? •
Betty King
STATE OF TEXAS COUNTY OF BRAUN
I hereby certify that this instrument lays
filed on thF date and tiM1e stamped hereon h4 me and Wa= d1+ly re_orded in the volume and Paye
of the Offi:ial Public records of:
BRAZOS COUNTY
as stamped hereon by me.
Jun 14!2010
HONORABLE KAREN MC:OLIEENv COUNTY CLERK
BRAZOS COUNTY