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HomeMy WebLinkAbout04-00500283 N.51 Grvir"41111111 "R ' ` V FOR OFFICE t E ONLY P&Z CASE NO.: h o(�3 DATE SUBMITTED: I?--I D-DLi CITY OF COLLEGE STATION PIirraaaiv; Cr Development Services FINAL PLAT APPLICATION (Check one) D Minor ❑ Amending [Final ❑ Vacating ❑ Replat ($300.00) ($300.00) ($400.00) ($400.00) ($600.00)* *Includes public hearing fee The following items must be submitted by an established filing deadline date for P82 Commission consideration. MINIMUM SUBMITTAL REQUIREMENTS: *-/Filing FFee (see above) NOTE: Multiple Sheets-$55.00 per additional sheet JAir Variance Request to Subdivision Regulations - $100 (if applicable) / 4 Development Permit Application Fee of$200.00 (if applicable). Previ s4"1"tc� ��lai7 S �' frastructure Inspection Fee of$600.00 (applicable if any( pp public infrastructure is being constructed) L/Application completed in full. Jit - py of original deed restrictions/covenants for replats (if applicable). �! irteen (13) folded copies of plat. (A signed mylar original must be submitted after staff review.) One (1) copy of the approved Preliminary Plat and/or one (1) Master Plan (if applicable). 1/ Paid tax certificates from City of College Station, Brazos County and College Station I.S.D. A copy of the attached checklist with all items checked off or a brief explanation as to why they are not `� ,Nit Two (2) copies of public infrastructure plans associated with this plat (if applicable). Pre-vi I sl Su�sGtr Parkland Dedication requirement approved by the Parks & Recreation Board, please provide proof of approval (if applicable). Date of Preapplication Conference: I--)(A NAME OF SUBDIVISION 1-4E-4cJ.4J S ` P le SPECIFIED LOCATION OF PROPOSED SUBDIVISION (Lot&Block) 027lo i4jz 14406-/-) C-44--1e/ cS( R- APPLICANT/PROJECT MANAGER'S INFORMATION (Primary Contact for the Project): Name C/242 ¶ /MPG Street Address c25\1 v2� ta cA Ate J S % City �t.,(,ar...oe� ZO/U State [ K- �9 Zip Code ' 7 4c9 E-Mail Address Z'I'Le C5`�)c &„ Phone Number64'3 � �© `�`�" -7g� .-534 7 Fax Number ('( () T3 -- 4 PROPERTY OWNER'S INFORMATION: Name 041-4.0 CU51-0•1-( dot?44e5 Ggc.) LTD.( IS S 0 c-c2.,4,e ZA 11-C4', ) Street Address o 5/4 6 S>U rat�� City � c'� S State Zip Code_ c E-Mail Address Phone Number Fax l Fax Number 67570 ._- Z —e,4 ARCHITECT OR ENGINEER'S INFORMATION: Name .i, 0 1C.tall/ � MEAJT12a)P C 11.4-P6 Street Address _. i' T __ 4� ocJ�1 Sr1k e Zip Code `77 rL City co _6.Q saw' "o E-Mail Address t' a!'S t}c (oo- COWL e Number .-7 - S*. q) ��3 Fax Number!! (� ./- Is there a temporary blanket easement on this property? If so, please provide the Volume and Page#1U11 Acreage—Total Property tZ, '4C- Total#Of Lots 5 3 R-O-W Acreage Z•/ <C-4,S Existing Use: /Q (vdzC L v Proposed Use: (ri e.)`tZAC, Number Of Lots By Zoning District S3 / Average Acreage Of Each Residential Lot By Zoning District: Floodplain Acreage W& JE.- A statement addressing any differences between the Final Plat and approved Master Plan and/or Preliminary Plat(if applicable): Requested Variances To Subdivision Regulations&Reason For Same: Requested Oversize Participation: E_ Use - Total Linear Footage of Parkland Dedication due prior to filing the Final Plat: Proposed Public: ( �, ACREAGE: Streets 24300 Sidewalks #of acres to be dedicated + $ development fee �`t D Sanitary Sewer Lines #of acres in floodplain 45.5 Water Lines #of acres in detention Channels #of acres in greenways c___ Storm Sewers OR -l�'� Bike Lanes/ Paths FEE IN LIEU OF LAND: _2- #of Single-Family Dwelling Units X$556 = $ 34 472 (date) Approved by Parks & Recreation Board NOTE: DIGITAL COPY OF PLAT MUST BE SUBMITTED PRIOR TO FILING. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct, and complete. The undersigned hereby requests approval by the City of College Station of the above-identified final plat and attests that this request does not amend any covenants or restrictions associated with this plat i x Signat j and Ti ? Decel �f $td 4 Date SUBMIT APPLICATION AND THIS LIST CHECKED OFF WITH 13 FOLDED COPIES OF PLAT FOR REVIEW .r. rer% CITY OF COLLEGE STATION Nanning ferfehynitatt.Serarres FINAL PLAT MINIMUM REQUIREMENTS (ALL CITY ORDINANCES MUST BE MET) INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (Requirements based on field survey and marked by monuments and markers.) Er- 1. Drawn on 24"x 36" sheet to scale of 100' per inch or larger. Y 2. Vicinity map which includes enough of surrounding area to show general location of subject property in relationship to College Station and its City Limits. No scale required but include north arrow. 3. Tplock with the following information: Name and address of subdivider, recorded owner, planner, engineer gineer and surveyor. []�Proposed name of subdivision. (Subdivision name & street names will be approved through Brazos County 911.) (Replats need to retain original subdivision name.) Date of preparation. Er Engineer's scale in feet. / [� Total area intended to be developed. 12 4. North Arrow. EV 5. Subdivision boundary indicated by heavy lines. > .- 6. If more than 1 sheet, an index sheet showing entire subdivision at a scale of 500 feet per inch or larger. LJ 7. All applicable certifications based on the type of final plat. [r Ownership and Dedication EY' SurveyoF-ali{erT la' City Engineer(and City Planner, if a minor plat) 0 Planning and Zoning Commission (delete if minor plat) Brazos County Clerk Brazos County Commissioners Court Approval (ETJ Plats only) Zr 8. Paid tax certificates. 0' 9. If submitting a replat where there are existing improvements, submit a survey of the s property showing the improvements to ensure that no encroachments will be created. ubject a 10. If using private septic systems, add a general note on the plat that no private be installed on any lot in this subdivision without the issuance of a license by the Brazos County Health Unit under the provisions of the private facility regulations adoptedp ate sewage facility may Court of Brazos County, by the Commissioner's aik pursuant to the provisions of Section 21.004 of the Texas Water Code. 11. Location of the 100 Year Floodplain and floodway, if applicable, according to the available data. ,-� most recent Lb 12. Lot corner markers and survey monuments (b s mb '3. Matches the a y Y ol) and clearly tied to basic survey data. pproved preliminary plat and/or master development plan. 14. The location and description with accurate dimensions, bearings or deflection angles and radii, area, center angle, degree of curvature, tangent distance and length of all curves for all of the following: (Show existing items that are intersecting or contiguous with the boundary of or forming a boundary with the subdivision, as well as, those within the subdivision). Existing Proposed Er E Streets. Continuous or end in a cul-de-sac, stubbed out streets must end into a temp turn around unless they are shorter than 100 feet. ❑ Er7 Public and private R.O.W. locations and widths. (All existing and proposed R.O.W.'s sufficient to meet Thoroughfare Plan.) ❑ []- Street offsets and/or intersection angles meet ordinance. ❑ fJ� Alleys. Er E Easements. 0 Er A number or letter to identify each lot or site and each block. ❑ Er Greenbelt area/park linkages/parkland dedication ( All proposed dedications must be reviewed by the Parks and Recreation Board prior to P &Z Commission consideration.) 2( 15. Construction documents for all public infrastructure drawn on 24" x 36" sheets and properly sealed by a Licensed Texas Professional Engineer that include the following: ❑ Street, alley and sidewalk plans, profiles and sections. One sheet must show the overall street, alley and/or sidewalk layout of the subdivision. (may be combined with other utilities). ❑ Sanitary sewer plan and profile showing depth and grades. One sheet must show the overall sewer layout of the subdivision. (Utilities of sufficient size/depth to meet the utility master plan and any future growth areas.) ❑ Water line plan showing fire hydrants, valves, etc. with plan and profile lines showing I depth and grades. One sheet must show the overall water layout of the subdivision. > ,4.647+'' cc[ (Utilities of sufficient size/depth to meet the utility master plan and anyfuture areas.) growth /p se ❑ Storm drainage system plan with contours, street profile, inlets, drainage channels, with profiles and sections. Drainage and runoff areas,s nd runoff Tu'0 based on 5, 10, 25, 50 and 100 year rain intensity. Detailed drainage structure design, p I ck f channel lining design & detention if used. One sheet must show the overall drainage layout of the subdivision. 0 Detailed cost estimates for all public infrastructure listed above sealed by Texas P.E. ❑ Drainage Report. ❑ Erosion Control Plan (must be included in construction plans). [Er 16. All off-site easements necessary for infrastructure construction must be shown on the final pt with a volume and page listed to indicate where the separate instrument easements were filed. Separate instrument easements must be filed prior or concurrently with Final Plat. Ifr 17. Are there impact fees associated with this development? / Impact fees for R-1, R-2, & R-3 zoned final plats, must be paid❑prior to filing. Lam' 18. Will any construction occur in TexDOT If yes, TexDOT permit must be submitted along with the construu]ct on documents. NOTE: 1. We will be requesting the corrected Final Plat to be submitted in digital form if availableprior filing the plat at the Courthouse. to 2. If the construction area is greater than 5 acres, EPA Notice of Intent (NOI) must be submitted prior to issuance of a development permit. 5of5 ■r v Notice of Intent(NOI)for Storm Water Discharges TCEQ Office Use Only Associated with Construction Activity under the TPDES Permit Number: TXR15•_•_ _••-NO "NoGIN Number: •• •• •• •• •• •• •• •• TPDES Construction General Permit(TXR150000) TcEFor help completing this application, read the TXR150000 NOI Instructions `�`/ (TCEQ-20022-Instructions). A. Construction Site Operator :1 New QNo Change Customer Reference Number:CN Name: Oct hta.0 coed C 64o..ve //orel a.b Ls esr5/ LG G Mailing Address: 4 Q(p d _ff w/ 6 Saw.4 1,1 City:C// ., 5 ,,,iayBtate:T,Zip Code: 77 $ Country Mailing Information if outside USA)Territory: Country Code: Postal Code: Phone Number: q 79/690-15-o 4 Extension: Fax Number CD "2 Tef) 4- E-mail Address: W lv(j . CC'11<C h 6- c o'"'t� ALE),...., `SLC en iv- Type of Operator: D Individual 0 Sole Proprietorship-D.B.A. 0 Partnership EXCorporation 0 Federal Government [] State Government Q County Government El City Government 0 Other: Independent Operator? Q Yes J No Number of Employees: 0 0-20 1.21-100 0 101-250 D 251-500 0 501 or higher Federal Tax ID: 04 3(o3S'SiState Franchise Tax ID Number: oe3/5-35:0/7-Wv DUNS Number: B. Billing Address / Name: Det KWDoo�t� L. 1-?. 44 #C,eyte'`8A,_/evie'v5 f_.L. G . Mailing Address: 4c.)(pa /Jwx sit,.f-/-i City: Go/,-y.e5'0est,rai State:TV Zip Code: 7.704 Country Mailing Information(if outside USA)Territory: Country Code: Postal Code: C. Project I Slte Information RNew DNo Change Regulated Entity Reference Number: RN Name: ' _ 1 7 .Ad;u►'.s i aY1 Mailing Address: We'r^SeetA t v vr1 .c.r— City: Co// tater Zip Code: `77> Physical Address: City: county: - Zip Code: Location Access Description: )iC-f F.,. 7L gat r6.i Rol //wito 43ype.1•5 $esl-tuatese, //yaoki-du)fl y Latitude: O° ' N Longitude:_°_' " W' Degrees(°), Minutes('),and Seconds(") Latitude: 3 0• G•2.6-3'3 S Longitude:- 4. Z9ef 9>a Decimal Form Standard Industrial Classification11 (SIC)code: Also,describe the construction activity at this site(do not repeat the SIC code): Re.S1oldtn-h�4 / 5 K t't/fS►e ✓1 IA•L;/j• Ve.t.a.)..o S 1-PG.*It.re:? Has a storm water pollution prevention plan been prepared as specified in the general permit(TXR150000)? i`i Yes No Estimated area of land disturbed(to the nearest acre): /4.5Is the project/site located on Indian Country Lands? ©Yes EX No Does this project/site discharge storm water into a municipal separate storm sewer system(MS4)? DYes RI No If yes,provide the name of the MS4 operator:_ Provide the name or segment number of the water body that receives storm water from this project/site: 1,4)4/4 A,w D. Contact-If the TCEQ needs additional information regarding this application,who should be contacted? Name: 26. - Ib�es►r1-5f P. F Title: c.,1 Phone Number 57 - ( 3.5 sl _Extension: Fax Number: 9 79 (vct 3 4Z43 E-mail Address: {- Orr GS TX Q) Y4t,00 . C orvt — E. Payment Information-Check I Money Order Number: Name on Check/Money Order: _ F. Certification I certify under penalty of law that this document was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the bust of my knowledge and belief,true,accurate,and complete. I am aware there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations. Construction Site Operator: Prefix: in y• First: /' /-10 N Middle: Last: 0-PGk Suffix: / //,.7121.. 66"-' e✓A/— Signature: 6010 (v) Date: �b `7 If you have questions on how flout is form or about the storm water program,please contact us at(512)239-4671. Individuals are entitled to request and review their personal information that the agency gathers on its forms.They may also have any errors in their information corrected.To review such information,contact us at(512)239-3282. The completed NOI must be mailed to the following address. Use the attached document to submit the$100 application fee. Please note that the NOI and application fee are submitted separately to different addresses. Texas Commission on Environmental Quality Storm Water&General Permits Team; MC -228 P.O. Box 13087 Austin,Texas 78711-3087 TCEQ-20022(05/03) Page 1 of 2 1 0 4 % q ,06.` 3 el 0 IP &)jil/‘ °° 2551 Texas Ave. South, Ste. A,College Station, I X 77840 0 tkw;1173 44, : Ofc: 979.693.5359 Fax: 979.693.4243 Email: mdgcstx@yahoo.com ,441isfr. LETTER OF TRANSMITTAL TO: /(11414 .i'/0.6 Si 1'�. F. FROM: Z.G h,,vaopf 4:04•01S/17. E. DATE: 3/30 /0 5-- MDG JOB NUMBER: / — 3 '7' ATTACHED PLEASE FIND: NO. OF COPIES DESCRIPTION Z. cook S-i✓KGlie.OH P14 S IC o -? y4-1...•hq Cr->&_ A,. 4it C.. /4 V to 7 THESE ITEMS ARE TRANSMITTED AS CHEKED BELO G,/C) / 4f/ APPROVAL / / ❑ FOR REVIEW ('' frsc �'�� 1=..�f 0 FOR YOUR USE ❑ AS REQUESTED ❑ OTHER: COMMENTS: f4,,,s ,44CJ -? ��a._ o w SIGNED: _ / t (A) .4c2551 Texas Ave. South, Ste.A, College Station,TX 77840 t.`41 Ole: 979.693.5359 Fax: 979.693.4243 Email: mdgcstx@yahoo.com \iliots„ O b LETTER OF TRANSMITTAL TO: --J(� n Nioil -,1-0� J FROM: L AEtC( VV!S DATE: /. Ig MDG JOB NUMBER: 4 V ^-C 0 V pll --17 .10:„..4e_ t-A ii,--e__J__- ATTACHED PLEASE FIND: NO. OF COPIES DESCRIPTION 1 .rlr) 0+ 0 14111 THESE ITEMS ARE TRANSMITTED AS CHEKED BELOW: / 0 • �l 4---tct "°6- ❑ FOR APPROVAL ❑ FOR REVIEW ❑ FOR YOUR USE DLI ❑ AS REQUESTED HI et3M44 ❑ OTHER: U COMMENTS: (--"Ory f vJ e `11 J yC c� Jim'- -✓ v J-) r , -- lj SIGNER " L. CO STAFF REVIEW COMMENTS NO. 3 Project: HORSE HAVEN PH 3 (FP) - 04-00500283 ENGINEERING 1. Make a note on the final plat, that there will not be any alteration to the drainage facilities, the flood plain excavation area or the detention/retention facilities, as noted in section 2.3 of the Academy drainage easement. 2. Certification to accompany the drainage report from a licensed engineer stating that the drainage plan for Horse Haven Estates will not cause any alteration to the drainage facilities, the flood plain excavation area or the detention/retention facilities, as noted in section 2.3 of the Academy drainage easement and that Academy's drainage system will continue to function as it was originally designed to function. 3. Provide a private drainage easement for the area between Horse Haven Estates to the pond. 4. Phase 3 construction document comments will follow in the next week, please contact me if you have any questions. Reviewed by: Josh Norton Date: April 8, 2005 F..;:tty.- :0 v n`•r ti : 25,„ ,. ,4.E ; �. ? NOTE: Any changes made to the plans, that have not been requested by the City of College Station, must be explained in your next transmittal letter and"bubbled"on your plans.Any additional changes on these plans that have not been pointed out to the City, will constitute a completely new review. 2 of 2 Josh Norton - Horse Haven ROW-EASE Comments Page 1 From: Josh Norton Subject: Horse Haven ROW-EASE Comments Greg, I just wanted to follow up with a phone conversation Alan and I had with MARK on Wednesday, regarding the following two items: Item#1: The courthouse does require legal or letter size exhibits to be provided with the metes and bounds descriptions. Item#2: Is it possible to get something in writing describing the legal agreement between Kolbe and Ofczarzak regarding access to the Kolbe property. Additional Item: In reviewing the metes and bounds descriptions for(P-1) and (R-1), we have been unable to make the area close or reflect the appropriate acreage, using the given deltas. Please review and verify. Thanks -Josh Norton CC: Gibbs, Alan Josh Norton - Re: Horse Haven - ROW/Easement Abandonment Page 1 t� y From: Tony Michalsky ,.frQk-e—ti To: Eric Hurt; Josh Norton; Spencer Thompson vchlAv 7? Date: 1/6/2005 7:54:47 AM Subject: Re: Horse Haven - ROW/Easement Abandonment How and when will the abandonment take place. We have existing overhead power lines that will not come out until the new underground electric utilities are installed. Are giving a temporary blanket easement until everything is in place? >>> Josh Norton 1/5/2005 3:03:19 PM >>> Just following up with Abandonment of Public ROW/Easement Application for Horse Haven Estates. Are there any issues with these abandonments? 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MO• bits*Ibis..NM' • • • &Ore iZso allfAviets illis up Its al Alat . • . sailiplii:NS Ilpr afi.eau • - aro%inns ; • , • • (•.• • \..., • • • P4 • • - ... ........ ... .... • -- - . • • • • • - • • • - : • • .. . .... .... ................. . .. _ ..._. .... ....., - ----- • . , . ...... ... . ...., , . ...... „.... • Josh Norton - Horse Haven Phase 3 Construction Document Comments Page 1 From: Josh Norton To: mdgcstx@yahoo.com Date: 4/13/2005 12:18:27 PM Subject: Horse Haven Phase 3 Construction Document Comments Lee, Regarding the construction documents for Horse Haven Phase 3: *Please make all revisions as stated in the latest Horse Haven Phase 3 Final Plat comments. *Revise drainage report and include certification regarding the"Academy Drainage Issue", as stated in the latest Horse Haven Phase 3 Final Plat comments. Let me know before submitting any more sets of construction documents as to coordinate the number of sets we will need. Please let me know if you have any questions. Thanks-Josh Norton Josh Norton, E.I.T. Graduate Civil Engineer Public Works Department City of College Station P. O. Box 9960 College Station, Texas 77842 Ph: (979) 764-6221 Fx: (979) 764-3496 CC: George, Bridgette STAFF REVIEW COMMENTS NO. 3 Project: HORSE HAVEN PH 3 (FP) - 04-00500283 ENGINEERING 1. Note on the final plat, that there will not be any alteration to the drainage facilities, the flood plain excavation area or the detention/retention facilities, as noted in section 2.3 of the Academy drainage easement. 2. Certification from a licensed engineer stating that the drainage plan for Horse Haven Estates will not cause any alteration to the drainage facilities, the flood plain excavation area or the detention/retention facilities, as noted in section 2.3 of the Academy drainage easement and that Academy's drainage system will continue to function as it was designed to function. 3. A private drainage easement from Horse Haven Estates to the pond. Reviewed by: Josh Norton Josh Norton - Re: Oakwood Custom Homes Page 1 From: Bridgette George To: Brenda Godfrey Date: 4/13/2005 2:48:50 PM Subject: Re: Oakwood Custom Homes Thanks for checking on that for us!! Bridgette George '04 Development Coordinator City of College Station P.O. Box 9960 College Station, TX 77842-9960 979.764.3570 www.cstx.gov >>> Brenda Godfrey 13-Apr-05 2:47 PM >>> The Temporary Blanket Utility Easement was filed in Volume 6553, Page 9, of the Official Records of Brazos County, Texas. The Temporary Access Easement and PUE has not been returned to Legal yet. Thanks, Bg Staff meeting outside on a gorgeous day!!! Sure!!! Right!!! CC: Deborah Grace; Josh Norton FROM : HERMANN RTY PHONE NO. : 979 680 0466 Jul. 07 2005 04:29PM P1 . fiel = irl3 td'Ait 7) 1; --C C 1 AiLit, alle-"- ,i-- 90--ah, 101f -11-76-\f c9-e-4,, . 1.-4,-,-,---- . ,,,,i4,-,, or,,,,,",„"_, ",,,sc2. ,e,„. i .e--1- t.e- "e-h-.‘--- C---a- 6L.t-t". oL. /61--friA-c—el '11 1St:- 644- er.L?„,„__ . 6 r -), - Q____ 7:/S Q .4- 51- - 1.- ,t— / A p ) _ 1 ze— r'—' 4' ' , 0 . . 1: l 'I < a "' . `k , 44 . 4 < L r� t ti„`.t._ G -A "`''-ems" 6^ 11)4i- (j-r5-12-°--P-"e afLst;:-;, -5,‘- -- dex—a-e-14--,2-„/I—(to' 4-e— . /('"--44- `17 &IAA' K/01'1\(-) F - v ' '.. RE,_„,„e, cazz ---77,-t-- cz,rie,,,,,./.6,1,,, i -,----‹ZgA 693 -- T$ 3 FROM : HERMANN RTY PHONE NO. : 979 680 0466 y i �� i Jun. 15 2005 04:06PM P1 • () (( e4 ty;;Ifitir . ateIviltc.„ . /s, �S� I 1) : gitA-' ,03 V adz..,A„,- deee7_,._ .1 rIrov° ' 4,41/'/i at e e -e-`' `' ` .° /727 geL-(.- -e-v-ez( 7-,z-z---2-- BLe, ,, ,6-e- / 2 7/, %-, ea_e,t.,-,t-ti ‘,../„." .e. _ eeae..6i,_4_4-. .t m (0_, a.4_ q k,,,...c ,e;- ord„c .4,..,or eet,r,,,7_,. se-e-d-- °_,,, ,.), - (efir-r e_,,,,, ,, „ee-;-,2, , 7X,-4-4--i L.4A .te k .44 4e4d 10 ri I t IN' 4 _ ,461,,e_LA ,e,;_., .„---A-,0-1&-e....4,x-- c,}-4,,,....4___, x...., .z.i;...z.;e- - or-- 4, "at ,i/ , ' . ,t-e-?--,06-'- e7-"1-141 ej.j.--- teP1' - Aff. ` A_ /Z - 79 743: a'--1J-21 rA retill '".4---• ,f /4::_ zed,.4t- / i/ ztr.v.).y 41,02C---. / 'i / i FROM : HERMANN RTY PHONE NO. : 979 680 0466 Jun. 15 2005 04:07PM P2 1e/ • t 1- it 0 • r L 0 7- , , i F-14""-fy^ VOW 285 ' } t vlIfi-j1-55/ . J J �`� PR POSES '`'� PAGE 3 , i. 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G ED ' „ E HYDRANT ° c ,� 4' ROP OA., _ - ED- �� M p �� -rRE�:s �. _ ry �,.I,.... � TIO R{''}Oh1' S�" x 1 ` `�� 1' •l 4vif" CITY OF COLLEGE STATION DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone 979.764.3570 / Fax 979.764.3496 FACSIMILE COVER SHEET Date: M2- LI If you did not receive a complete fax,please call our officeimmediatelyies ufor new cover: a h'ansmtttal, TO: . " r� 4- FAM (9767) t COMPANY: SJ S ( tvA /l+ 1 RE: / _r 1'`1�t, 12//J FLA �4 L ✓✓F may_. /// FROM: ) S1 , ,), , COMPANY: City of College Station, Development Services REMARKS: ❑ Urgent ❑ For your review ❑ Replay ASAP 41#.1" CITY OF COLLEGE STATION Planning e5'Development Services 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone (979) 764-3570 / Fax (979) 764-3496 MEMORANDUM April 11, 2005 TO: Greg Taggart, MDG, via fax 979.693.4243 FROM: Jennifer Prochazka, Staff Planner SUBJECT: HORSE HAVEN PH 3 (FP) - Final Plat Staff reviewed the above-mentioned final plat as requested. The following page is a list of staff review comments detailing items that need to be addressed. Please address the comments and submit the following information. This item is scheduled to be heard by the Planning and Zoning Commission at their April 19, 2005 meeting. Two (2) 24"x36" copies of the revised final plat; One (1) Mylar original with the appropriate signatures. If you have any questions or need additional information, please call me or Josh Norton at 764- 3570. Attachments: Staff review comments cc: Oakwood Custom Homes Group, LTD., via fax 979.690.2504 Case file#04-00500283 4 STAFF REVIEW COMMENTS NO. 3 Project: HORSE HAVEN PH 3 (FP) - 04-00500283 ENGINEERING 1. Make a note on the final plat, that there will not be any alteration to the drainage facilities, the flood plain excavation area or the detention/retention facilities, as noted in section 2.3 of the Academy drainage easement. 2. Certification to accompany the drainage report from a licensed engineer stating that the drainage plan for Horse Haven Estates will not cause any alteration to the drainage facilities, the flood plain excavation area or the detention/retention facilities, as noted in section 2.3 of the Academy drainage easement and that Academy's drainage system will continue to function as it was originally designed to function. 3. Provide a private drainage easement for the area between Horse Haven Estates to the pond. 4. Phase 3 construction document comments will follow in the next week, please contact me if you have any questions. Reviewed by: Josh Norton Date: April 8, 2005 NOTE: Any changes made to the plans, that have not been requested by the City of College Station, must be explained in your next transmittal letter and"bubbled"on your plans.Any additional changes on these plans that have not been pointed out to the City, will constitute a completely new review. 2 of 2 Josh Norton - Horse Haven Phase 3 Construction Document Comments Page 1 From: Josh Norton To: mdgcstx@yahoo.com Date: 4/13/2005 12:18:27 PM Subject: Horse Haven Phase 3 Construction Document Comments Lee, Regarding the construction documents for Horse Haven Phase 3: *Please make all revisions as stated in the latest Horse Haven Phase 3 Final Plat comments. *Revise drainage report and include certification regarding the"Academy Drainage Issue", as stated in the latest Horse Haven Phase 3 Final Plat comments. Let me know before submitting any more sets of construction documents as to coordinate the number of sets we will need. Please let me know if you have any questions. Thanks-Josh Norton Josh Norton, E.I.T. Graduate Civil Engineer Public Works Department City of College Station P. 0. Box 9960 College Station, Texas 77842 Ph: (979) 764-6221 Fx: (979) 764-3496 CC: George, Bridgette OAKWOOD CUSTOM HOMES GROUP, LTD. 4060 OKAY 6 SOUTH COLLEGE STATION, TX 77845 ; if September 29, 2004 Carl &Jeanne Kolbe 2744II k ba kCow College Station, TX 77845 Dear Mr. & Mrs. Kolbe: t a*rl aware of the access road problem that you experienced when the new.Academy store wAs being built. Therefore, I plan to build an all-weather gravel road similar to the one you have now. The approximate location of this road is shown by slashes on the attached plat. '. will build this road prior to commencement of construction of Horseback CL If you have any questioCor c ceras please feel free to call me at(979) 690-1504. Sincerely, r balh l c Alton Ofczarzal�Cj 1 I Oakwood Custom Homes Group, LTD. (3/20/2007) Deborah Grace - Horse Haven Estates Ph. oc Page 1 "0167 ' 1)tc;r\0.1/ LETTER OF COMPLETION CITY ENGINEER DATE: / DC" CITY OF COLLEGE STATION COLLEGE STATION,TEXAS ''// RE: COMPLETION OF hciSc /4vc �JA46 �Id?5E 3 The purpose of our letter is to request that the following listed improvements be approved and accepted as being constructed under city inspection and completed according to plans and specifications as approved and required by the City of College Station,Texas. This approval and acceptance by the City is requested in order that we may finalize any oP approval sub- contractsand to affirm their warranty on the work. This pp roval and acceptance by the City of the improvements listed below does hereby void the letter of guarantee for the listed improvements on the above referenced project. 0/t✓4wce The one year warranty is hereby affirmed and agreed to by C47.4v+LAW and by their sub-contractors as indicated by signatures below. WORK COMPLETED DATE (J/i 1r" She S-e,�`✓ 3-14i-07 OWNER: 4 1 )oo� 1 o,�eS CONTRACTOR Ad v4Aoe 6,1 44€7 .5 Address: /OL0 N"'sj 6 Address: KOYaO Hot) C,o 74,71/ ( 7 .4.//0 60/../.-f L S7.0.45717N X.77&7O Signature. ;�`��/ Signature: \k425 3—r —07 ility Re,resentative ACCEPTANCE&APPROVAL City Engineer r .Ka..,i,, _ ( /i/t .> , ,, , „, )sA._, €,A.Ak Gaiwgmolliti-i, \ 0-ii .'fiNiitkia,,., _ c:), \ (ta . s 11 j Cli\Ak f•I\(0-4(€111 (-4`-L- Pottn - \ tl)E 6,a11/1\(1/2tt asiliksiif(Jar)- \ ikk df,/1,7-EhriA -a (,ti._ 6,(-i.-c • PAYNE, WATSON, MILLER, MALECHEK & SCHERR, P.C. ATTORNEYS AT LAW WALTER S.CAMPBELL P.O.BOX 6900 LOUIS A.MALECHEK,III(TREY) BRYAN,TEXAS 77805-6900 CINDY L.MILLER"Board Certified Family Law J.DEREK MOORE March 23, 2005 3000 BRIARCREST DRIVE,SUITE 600 BILLY M.PAYNE BRYAN,TEXAS 77802 SCOTT J.SCHERR J.DAVIS WATSON TELEPHONE(979)776-9800 JAY DON WATSON 'Board Certified Commercial Real Estate Law *Board Certified Farm and Ranch Real Estate Law FAX(979)731-8333 'Board Certified Residential Real Estate Law PAYNE@PAYNEWATSON.COM *Texas Board of Legal Specialization Ms. Roxanne Nemec VIA MESSENGER First Assistant City Attorney City of College Station Municipal Court Building 1101 Texas Avenue College Station, TX 77840 Attention: Legal Department Re: Drainage and Flood Plain Conservation Easement Horsehaven Estates located at 2710 Horsehaven Lane, 'Iokett76 /f) College Station, Texas Dear Roxanne: Oakwood Custom Homes Group,Ltd.("Oakwood")is in the process of attempting to obtain the final plat approval for a plat of Horsehaven Estates located at 2710 Horsehaven Lane. An obstacle has arisen to approval of the construction plans necessary for proceeding with construction and the filing of the plat. This obstacle is based on the staff's interpretation of that certain Correction Drainage and Flood Plain Conservation Easement recorded in Volume 4107, Page 7, Official Records of Brazos County,Texas("Easement"). I am enclosing a copy of such Easement with this letter. Alton Ofczarzak and his engineer,Lenwood Adams,P.E.of Municipal Development Group have been advised that they must obtain written consent from the owner of the Academy property as shown on page 13 of the Easement prior to Oakwood being authorized to use the existing stock pond that is actually located on property belonging to Oakwood. My client informs me that the Academy property is owned by an out of state corporate owner whose consent may be unobtainable simply because of getting their attention. Section 1.4 of the Correction Drainage and Flood Plain Conservation Easement provides that the term"Owners" are the parties named in Section 1.1, 1.2, and 1.3 above, which includes the J. ' PAYNE,WATSON,MILLER,MALECHEK& SCHERR,P.C. March 23, 2005 Page 2 predecessors in title to the Oakwood tract. Section 2.2 of the Easement Agreement provides that the easement shall be interpreted to permit uses thereof on a non-exclusive basis by the "Owners" or "Owners of the development" land. Since this is a non-exclusive easement, the consent of the owners of the Academy tract should not be required. Roxanne, after you have received the enclosed documents,please call. Thank you for your assistance. Very truly your , iiD ts N,MILLER,MALECHEK&SCHERR,P.C. li t I J. I on Watson JDW:gw Enclosure: Copy of Correction Drainage and 'l e od Plain Conservation Easement F:\LAW\WATSON\Roxanne Nemec.Itr 03-23-05.wpd cc: Mr.Alan Gibbs, P.E. (VIA MESSENGER) (Attn: Legal Department) Development Engineer Enclosure: Copy of Correction Drainage and Flood Plain Conservation Easement cc: Mr. Joey Dunn, AICP (VIA MESSENGER) (Attn: Legal Department) Director of Planning Enclosure: Copy of Correction Drainage and Flood Plain Conservation Easement cc: Mr. Bob Mosley, P.E. (VIA MESSENGER) (Attn: Legal Department) City Engineer Enclosure: Copy of Correction Drainage and Flood Plain Conservation Easement ' �,..... PAYNE, WATSON, MILLER, MALECHEK & SCHERR, P.C. ATTORNEYS AT LAW WALTER S.CAMPBELL P.O.BOX 6900 LOUIS A.MALECHEK,III(TREY) BRYAN,TEXAS 77805-6900 CINDY L.MILLER'Board Certified Family Law J.DEREK MOORE March 23, 2005 3000 BRIARCREST DRIVE,SUITE 600 BILLY M.PAYNE BRYAN,TEXAS 77802 SCOTT J.SCHERR J.DAVIS WATSON TELEPHONE(979)776-9800 JAY DON WATSON 'Board Certified Commercial Real Estate Law FAX(979)731-8333 'Board Certified Farm and Ranch Real Estate Law 'Board Certified Residential Real Estate Law PAYNE@PAYNEWATSON.COM 'Texas Board of Legal Specialization Ms. Roxanne Nemec VIA MESSENGER First Assistant City Attorney City of College Station Municipal Court Building 1101 Texas Avenue College Station, TX 77840 Attention: Legal Department Re: Drainage and Flood Plain Conservation Easement Horsehaven Estates located at 2710 Horsehaven Lane, tkat7e /h College Station, Texas Dear Roxanne: Oakwood Custom Homes Group,Ltd.("Oakwood")is in the process of attempting to obtain the final plat approval for a plat of Horsehaven Estates located at 2710 Horsehaven Lane. An obstacle has arisen to approval of the construction plans necessary for proceeding with construction and the filing of the plat. This obstacle is based on the staffs interpretation of that certain Correction Drainage and Flood Plain Conservation Easement recorded in Volume 4107, Page 7, Official Records of Brazos County,Texas("Easement"). I am enclosing a copy of such Easement with this letter. Alton Ofczarzak and his engineer,Lenwood Adams,P.E.of Municipal Development Group have been advised that they must obtain written consent from the owner of the Academy property as shown on page 13 of the Easement prior to Oakwood being authorized to use the existing stock pond that is actually located on property belonging to Oakwood. My client informs me that the Academy property is owned by an out of state corporate owner whose consent may be unobtainable simply because of getting their attention. Section 1.4 of the Correction Drainage and Flood Plain Conservation Easement provides that the term "Owners"are the parties named in Section 1.1, 1.2, and 1.3 above, which includes the PAYNE,WATSON,MILLER,MALECHEK&SCHERR,P.C. March 23, 2005 Page 2 predecessors in title to the Oakwood tract. Section 2.2 of the Easement Agreement provides that the easement shall be interpreted to permit uses thereof on a non-exclusive basis by the "Owners" or"Owners of the development" land. Since this is a non-exclusive easement, the consent of the owners of the Academy tract should not be required. Roxanne, after you have received the enclosed documents,please call. Thank you for your assistance. Very truly your , ii4 ,MILLER,MALECHEK&SCHERR,P.C. iiyi J. lion Watson JDW:gw Enclosure: Copy of Correction Drainage and '1 s od Plain Conservation Easement F:\LAW\WATSON\Roxanne Nemec.ltr 03-23-05.wpd cc: Mr.Alan Gibbs, P.E. (VIA MESSENGER) (Attn: Legal Department) Development Engineer Enclosure: Copy of Correction Drainage and Flood Plain Conservation Easement cc: Mr. Joey Dunn, AICP (VIA MESSENGER) (Attn: Legal Department) Director of Planning Enclosure: Copy of Correction Drainage and Flood Plain Conservation Easement cc: Mr. Bob Mosley, P.E. (VIA MESSENGER) (Attn: Legal Department) City Engineer Enclosure: Copy of Correction Drainage and Flood Plain Conservation Easement 0740147 , 0 CORRECTION DRAINAGE AND FLOOD PLAIN CONSERVATION EASEMENT 4 i. 1 THIS CORRECTION DRAINAGE AND F1.onn PLAIN CONSERVATION 0 2 of Qrta-4%G ,2001,by 7 Tal partnership("Boriskie"),and - 0 _Do O in the City of College Station, 0 • l being depicted on Exhibit A 0 kitA/.(, C'nrilereto. 7 7 d in the City of College Station, 0 —� W�� "Boriskie Land"), such parcel .0 attached hereto. 1 wt 7 in the City of College Station, - _ _ nano Land"),such parcel being oA • ched hereto. �1���S and 1.3 above, mmes 1 an"Owner",whichare termsoetishall i part of the Development Land. 1.3 me Boriskie Land and the Hermann Land(collectively,the "Property")shall be subject to the easements and conditions set forth herein and,in connection therewith,Boriskie and a Hermann desire to(a)the grant of certain drainage easement rights,(b)permit the construction of certain drainage facilities,(c)permit the maintenance of the drainage facilities,and(d)subject the Property to the easements,covenants and conditions as hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises and the easements and covenants contained herein, the sufficiency of which is hereby acknowledged, the Owners do hereby declare and agree as follows: H. Drainage Easement 2.1 Description of Drainage Easement. Boriskie and Hermann hereby grant an I underground and aboveground stormwater drainage easement and above-ground stormwater , detention/retention easement(together,the"Drainage Easement"),under,over,upon and across portions of the Boriskie Land and Hermann Land as depicted on Exhibit F.attached hereto and more fully described in Exhibits E-1,E.2,Fc3 and P.-4 attached hereto. Part of the Drainage ' .- academy daw\college -academy.dew\coaege wriooU206OOth. Ke.a.wpd 7 / 0740147 i0 Easement consists of underground and aboveground storm water conveyance facilities (the 4 'Drainage Facilities"),part consists of the flood plain excavation area(the'Flood Plain Excavation 1 • Area"); and part consists of detention/retention facilities(the "Detention/Retention Facilities") located on the Property as depicted on Exhibit E. The Detention/Retention Facilities shall remain viable for watering livestock. 7 2.2 sage of Drainage ac ment. The Drainage Easement shall be interpreted to permit usage thereof on a non-exclusive basis by(a)the Owner or Owners of the Development 0 Land,(b)the successors and assigns of the Owner or Owners of the Development Land,and(c) 0 the tenants and subtenants of the Owner or Owners of the Development Land and their respective 0 successors and assigns. 2.3 No Alterations. After construction as provided in Section 2.4 below, neither B Boriskie nor Hermann shall cause or permit any alteration to the Drainage Facilities,the Flood Plain Excavation Area or the Detention/Retention Facilities. 2.4 Construction nd Mainte ance. (a) The Owner of the Development Land shall construct the Drainage Facilities and Flood Plain Excavation Area, including any drainage facilities necessary to convey stormwater from the Development Land to the Drainage Easement, at its sole cost and expense. Such - construction shall be performed substantially in accordance with the plans described in Exhibit F attached hereto. The Owner of the Development Land shall restore grass cover to areas within the Drainage Easement where the grass cover was destroyed by such construction. Hermann shall construct a fence between the Boriskie Land and the Development Land to keep livestock from • entering onto the Development Land. (b). After completion of construction and except as provided below,the Owner of the Development Land shall maintain the Drainage Facilities and Flood Plain Excavation Area at its sole cost and expense. Hermann shall maintain the Detention/Retention Facilities at its sole cost and expense and shall mow the Drainage Facilities and the Flood Plain Excavation Area at least twice per calendar year. (c) All design,construction,maintenance and repair performed pursuant to this Article II shall be done in a good workmanlike manner and in compliance with all applicable laws, statutes,ordinances,codes,rules and regulations of applicable governmental authorities. III. Access to Property . Boriskie and Hermann hereby grant to the Owner or Owners of the Development Land and to any agents,employees or contractors of the Owner or Owners of the Development Land the right to enter upon that portion of such the Boriskie Land and the Hermann Land as reasonably acaderny.dawkollere station u2060oa,amage.4..pd 2 • • • •. — --------__ , I , . . . . _ 0740147 0 • necessary for the purpose of performing the construction and maintenance activities contemplated 4 hereunder. 1 . IV.Eminent Domain 0 7 4.1 Owner's flight to Award. Nothing herein shall be construed to give any Owner any interest in any award or payment made to another Owner in connection with any exercise of eminent domain or transfer in lieu thereof affecting such other Owner's property,or to give to the public or any government any rights in such any property. In the event of any exercise of eminent 0 domain or transfer in lieu thereof of any part of an Owner's property,the award attributable to the 0 • land area and improvements of such property shall be payable only to Owner thereof. • 4.2 Collateral Claims. The Owner or Owners of the Development Land may file 9 collateral claims with the condemning authority for its losses with respect to any taking of the easements granted herein,which claim is separate and apart from the value of the land,facilities and improvements taken from the Owner thereof. V. Modification and Cancellation This Easement may be modified or canceled only by written agreement signed by the Owners,or their respective successors and assigns(and any mortgagees holding first lien security interests on any portion of such Owner's property),as long as they have any interest as Owner of • any portion of the property subject hereto. VI. General Provisions 6.1 No Dedication. No provision of this Easement shall ever be construed to grant or create any rights whatsoever in or to property other than the easements,covenants,conditions and restrictions specifically set forth herein. Nothing in this Easement shall ever constitute or be construed as a dedication of any interest herein described to the public or give any member of the public any right whatsoever. 6.2 Notice. Any notice hereunder must be in writing,and shall be effective upon three (3)business days after being deposited in the United States mail,certified mail, return receipt requested,addressed as set forth below(or as may be designated from time to time pursuant to the procedures provided in this Section 6.2 by any Owner),or when actually received by the party to be notified,if hand delivered. For purposes of notice,the addresses of the parties,until changed as herein provided,shall be as follows: acadany 6,6:oiler moon\120600druease.4.wpd 3 1 .,' . . . , ' . • ' — _. 1 i i' . 0740147 r 0 t t If to Boriskic 4 1 Lydia Boriskie Partnership c/o Mr.Burt Hermann 2401 Rudder Fwy.S. 7 College Station,Texas 77845 If to Hermann: 0 Mr.Burt Hermann 0 2401 Rudder Fwy.S. College Station,Texas 77845 ' . 6.3 Breach. In the event of a breach or threatened breach of this Easement,only the ,- respective Owners of the Property tishall be entitled to institute proceedings for full and adequate , relief from the consequences of said breach or threatened breach. The unsuccessful party in any action shall pay to the prevailing party a reasonable sum for attorneys'fees,which shall be deemed to have accrued on the date such action was filed. 6.4 Entire Agreement. This Easement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. The parties do not rely upon any statement,promise or representation not herein expressed,and this Easement once executed and delivered shall not be modified or altered in any respect except by a writing executed and delivered in the same manner as required by this document. 6.5 ,Severability. If any provision of this Easement shall be or become invalid,illegal or unenforceable in any respect under any applicable law,the validity,legality and enforceability of the remaining provisions shall not be affected or impaired thereby. 6.6 Rights of Successors. The easements, restrictions, benefits and obligations a.; hereunder shall create mutual benefits and servitudes running with the land. Notwithstanding i;, anything to the contrary in this Easement,upon an Owner's sale of a parcel of`Land"subject to .; this Easement, including without limitation Boriskie's sale of the `Development Land," such Owner shall be released from all unaccrued liabilities and other obligations arising under this Agreement with respect to such Land from and after the effective date of such sale and the new Owner shall be responsible for such liabilities and other obligations during the period of its i' ownership. Subject to the other provisions hereof, this Facement shall bind and inure to the Ibenefit of the parties hereto,their respective heirs,representatives,lessees,successors and assigns. The singular number includes the plural and the masculine gender includes the feminine and SIIF neuter. rs 6.7 No Merger. It is expressly understood and agreed that the parties hereto do not II intend that there be, and there shall in no event be, a merger of the dominant and servient tenements in the Property by virtue of the present or future ownership of any portion of said tenements being vested in the same person(s) or entity, but instead intend that the easement • .mac y.d,wkoncge maoou20600d .4..,•pd 4 ir ii f. 1 s1 - ;i • i' ,_a.a.a....o.Fx.:u-...e.,.. .u:.a:..t r.t..-...._.,.....4.4 .._..,.n v_..,. ,>..... • 0740147 0 servitudes shall not be extinguished thereby and that said dominant and servient tenements be kept 4 separate. i 6.8 ,Survey of the Drainage Easements. After construction of the Drainage Facilities 0 and the Flood Plain Excavation Area,any Owner may,at its own expense and upon ten(10)days' 7 prior written notice to the other Owners,have all or any part of the Drainage Easement surveyed, the as-built metes and bounds description of which shall be substituted for the applicable portion of Exhibits E-1,E2,E3 and/or F.-4 hereto.The Owners shall execute and record any instrument 0 reasonably necessary to so replace the description of the Drainage Easement. 0 • 6.9 Counterp rta c Multiple Originals. This Easement may be executed simultaneously in two or more counterparts,each of which shall be deemed an original and all of which together i shall constitute one and the same instrument. 1 6.10 Headings. The headings herein are inserted only as a matter of convenience and for reference and in no way define,limit or describe the scope of intent of this document nor in any way affect the terms and provisions hereof. 6.11 Correction Easement. This Easement is made and entered into in correction of that certain Drainage and Flood Plain Conservation Easement dated March 23,2001,and recorded at Document No.0739219 of the Real Property Records of Brazos County,Texas,in order to more accurately describe the Boriskie Land and the Hermann Land and to incorporate better the metes and bounds descriptions of the Drainage Easement attached as Exhibits E-1, E-2,Fa and E-4 attached hereto, including the provision for modifications to such exhibits based upon as-built surveys pursuant to Section 6.9 above. EXECUTED as of the date first set forth above. J.YDIA BORISKIE PARTNERSHIP Vitc.g4Ilermann,Managing Partner BURTON RAY HERMANN.ET U)( Burton Ray Hermann } • Vtrg�n> Hrmann academydart coUcp wdoo\120600dnimte.4.wpd 5 . • 0740147 0 , STATE OF TEXAS § 4 } COUNTY OF BRAZOS § This instrument was acknowledged before me on this the day of c,( ;12 2001,by Virginia Hermann,the Managing Partner of the Lydia riskie Partnrlrsl ip,a Texas general partnership,on behalf of said partnership.. 0 I r: '^ SUZA1Ji= � � 0 i + Notary PvoretfStaNKRUPA d Tezae ' a ��..,�Aidi ft•� .�—ar,s r MyC s+ron�"•' •o . j die,State of Texas ! _' 41 c''_ SEPTFJAOER 4.2002_ +ce 12 { ;r . STATE OF TEXAS § { COUNTY OF BRAZOS § i This instrument was acknowledged before me on this the day of( i%d4C c 2001,by Burton Ray Hermann. Or `•J �4 _ - _ _ _ ' SUZANNEKRUPA ' taq 'lie,State of Texas 'OF r ` Notary Pvb State Cl Taw ) r ' my CorrOM Ion E�Aree I + SEPTEMBER 4,2002 ( STATE OF TEXAS § § COUNTY OF BRAZOS § This instrument was acknowledged before me on this t e / day of 2001,by Virginia Hermann. ti y r �U Ss� �:KRUPAOit'41'11"(97('\--..2 � e o�Y t rrcgy tam of Tun c,State of Texas) a to/0trar_mton Expkes ,ay., S Ye rje.BER 4,2002 0 - aodemy.dawkoae=e sation1120600anorse.4.wpd 6 - •.e • w,..u>,..o-.•........+.-:ate.�` x.an..>. 1sw::`.:�.r....«� - 5 .... , . , 1 _ . , .. ... , .., . ..,• .... . • , • .. .., —------ -------- _ . 1 0740147EXHJBJTA ;f .... •' ' : ' 1 - • '. 0 • : Llepictjori o the.porislcie_Lantl.the Henna!"Land and the Development T_„ancl 4 ‘. •• •,• . .. ... .. ..... .. . . . . . . ... : •• :• 1 , :, •: :- •:.:•:• • - • - •:• ••:. . . •. .. .- .. . .. ..... . . . .. . 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'-Arkin s r . • • 0740147 , EXHIBIT B LegalDescription of0 • the Development Land 4 I • 0 . 7 • • Metes and bounds description of Athat certain 11.50 ave tract sr pared of land,lying and being situated In the Morgael Rector League,Abstract No.46,College Station,Brazos County,Texas,and being a portion out of that same called 13.50 act • tract,found by current on-the-ground survey to contacts 13.47 acres,counted Qom Michael W.Mitten.Executor,et al AP' • the Lydia Boriskla Partnership,as described by deed recorded In Volume 3639.Page 64 of the Official Records of Brazc3 County,Texas,said 1150 acre tract being more particularly described as follows: 1 BEGINNING at a point in the channel of Wolf Pen Creek,being the north corner of that same called 1427 ane tract.foun4 • by current on-the-ground survey to contain 1413 acres,conveyed to Davis McGill,Trustee,as described by deed recorded In Volume 597,Page 226,of said Otfidal Records. A 1/2"Iron rod found for reference monument in the northeast right-of-way line of Earl Rudder Freeway bears S 31'58'50"E-4816 fee; THENCE N 31.59'48"W-397.64 feet with said right-of-way line to a 1R"inn rod found marking the south corner of Lot 2, Hone haven Estates,as depicted by plat recorded in Volume 3158,Page 335 of said Official Records; ' THENCE N 57.59'12"E-717 feet with the southeast line of"aid Lot 2 to a V2"Iron rod set for beginning of a eon-tangent curve to the tight, THENCE In a northeasterly directioa 194.91 feet along the are of said curve(Curve distil central angle-17'35'U",radius ` ••635,00 feet,tangent••9813 feet,the chord bear"N 66.43'40"E-19415 feet)to a I/2"iron rod found for end of said curve; E THENCE N 75.28'10"E-111.06 feet with said line to a 1/2"iron rod set for the beginning of a curve to the left; THENCE In a northeasterly direction 332.71 feet along the art of said curve(Curve data: central angle-33.44'24",radius -565.00 feet,tangent-17134 feet,the chord bean N 58'36'00"E-327.93 feet)to a 1/2"Iron rod set for end of said curve•, THENCE N 41.43'48"E-9628 feet with said line to a 1/2"iron rod found for corner; ITHENCE 515'4617"E-7023 fed across said ea/led 13.50 acre tract to a 1/2"Iron rod found for corner, 1 THENCE N 68 4$46"E-15429 feet across said tract to a Ill"iron rod found for corner; THENCE S 26'42'33"E-636.21 feet across said tract to a point for corner in the centerline of Wolf Pen Crede iTHENCE with the centerline meanders of Wolf Pen Creek for the following calls S S 75'52'46"W-24.02 feet; 1 N 77.5439"W-20.02 feet S 07.48'52"W-9256 feet, S 67'42'42"E-835E feet; S 18'10'22"E-4450 fee; S 59'16'08"W-8919 feed N 84'W53"W•8297 fat N 63.44'35"W-10738 feet; f S 55'2275"W-69.81 feet; • B-I i - \ 1 s i z • 0740147 0 N 87*01'50"W-3432 feet; 4 Nor 36'09"w-9490 feet; 1 • THENCE N 78.00'27"W-9739 feet with said ereek centseitne to a point for angle point= 0 7 THSNC3 B 86'43'46"W-455.96 feet with the Uno of the old channel to the Plato of le i alog and containing 11.50 acres of land. 0 • 0 • 1 • 5 f • • • • • • • • • • B-2 • • • rT 0740147 EXHIBIT C Legal Description of the4 , Boris ie and 4 A 1.97 acre tract,being all of that same 13.47 acre tract described in the deed recorded in Volume 0 3856,Page 60 of the Real Property Records of Brazos County,Texas,SAVE AND EXCEPT that 7 same 11.50 acre tract more fully described in Exhibit B herein. 0 3. • 1 6 1 • • l o sodemy.dew1eo11epe uufoa\1206 zii ge.4.wpd -C-1- - - 0740147 tr EXHIBIT D Legal Description of tbc Hermann and 4 All that.certain 108.29 acre tract conveyed to Burton Ray Hermann,et ux,as described by deed 0 recorded in Volume 2085,Page 289 of the Real Property Records of Brazos County,Texas. 7 0 0 1 7 • • • { ecedemy.dewkollepe waoU20600dnirose.4.rpd • ..., , . . . ' •--„, ' . .--.' • • t _ I' i i • ----------—-- , -- , ,.. . .... I i ' P. . . ' • • - • .. ,. 0740147 i . • • EXHIBIT E • . . 0 I . ;• - ;:, pepjction of Drainage F-asements(including the Drainage Facilities.Flood Rlain F.xcavation 4 i . Area.and Detention/Rete ion Facilities) ......M 1 / '.!. 1 0 I+ 'i . . .! 7 ? • . i t . 1 ..: ..., 2 0 . . , 0 , . 1 ilt 110 . .. 1111111!, 4,1ffi 2 -g6R 8 ; I — 1 , 401, \ > . I I NI: I t ' 1 ,111tia5 V1 PI.7-AA ' I . 1 1 #ill 114 I I t A Illk ! 1 .., ,. ‘ i I . I • A\ 100.4. \ Illi; A v.( 0 . . .. , ,,. . ) .....0 ' i . acaormy.dawkollege staticiA120603dnimase.4.1.0 •it 1 I • . , — ' • ., . , . - • • . . , . •• . • .. . , . . . . .. .,,.,.....-......,...4,,,,-,..t.,;.........4.4.-.:...1.....- .,,,./.._..t...s.....;;‘,...—,“.valGA14-.4,,ii .via,ZhaLti.,..,,t,i,;•,_-riiraz,4,,Lis.,..74.1.,..4.-;.,,t-'4',......:„....,:,;.: ,,.,..,,....7-,:•••-..ie-,',...,..,•-:,.:, -' ,,..,--.....-— ' • • . . ' • ' • •_ 0740147 • EXHIBIT"E-I" METES AND BOUNDS DESCRIPTION OF A 0.22 ACRE(9600 SF)TRACT 4 (A 30'WIDE DRAINAGE EASEMENT) 1 MORGAN RECTOR LEAGUE,ABSTRACT NO.46 COLLEGE STATION,BRAZOS COUNTY,TEXAS 0 Metes and bounds description of all that certain 0.22 acre(9600 SF)tract or parcel of land,being a•30' wide drainage easement,and being a portion out of that same 108.29 acre tract conveyed from Michael Thi'igen,et ux,to Burton Ray Hermann,et ux,as described by deed recorded in VOLUME 2085 PAGE • • 289 of the Official Records of Brazos County, Texas, said 0.22 acre tract being more particularly 0 described as follows: 0 COMMENCING at a '4" iron rod found marking the north corner of proposed Lot I, Horse Haven 0 • , Estates; 1 THENCE S 26°42'33"E-216.70 feet with the northeast line of said proposed Lot I to a point for 9 comer; THENCE N 59° 34'0"E-84.56 feet with the northwest line of a proposed.0.69 acre variable width drainage casement to a point for corner; • THENCE S 22°58' 18"E-40.00 feet with the northeast line of said proposed 0.69 acre easement to a • point for the PLACE OF BEGINNING; • THENCE N 72°01'42"E-32131 feet across said 108.29 acre tract to a point of corner,and lying in the southwest line of a proposed 1.11 acre variable width drainage basin easement; THENCE S 18°13' 15"E-30.00 feet with said line to a point for corner, THENCE S 72° 01' 42"W-318.69 feet across said 108.29 acre tract to a point for corner in said proposed 0.69 acre drainage easement: THENCE N 22°58' 18"W-30.11 feet with said line,to the PLACE OF BEGINNING and containing 0.22 acres of land. March 2001 - Municipal Development Group College Station,Texas 0007st.rt7-ioar33Z7) EV21,-ES9 (61.6) oam dossto to oz Jaw . , . • • - • ‘7<-. - - - . - =�.,/ - ' 2 ' , 1 0740 1-47- EXHIBIT"E-2" E METES AND BOUNDS DESCRIPTION OFA 4 0.69 ACRE TRACT 1 (A VARIABLE WIDTH DRAINAGE EASEMENT) MORGAN RECTOR LEAGUE,ABSTRACT NO.46 0 COLLEGE STATION,BRAZOS COUNTY,TEXAS 7 Metes and bounds description of all that certain 0.69 acre tract or parcel of land,being a variable width drainage easement,and being a portion out of that same 13.47 acre tract conveyed from Michael Thiltgen, et al,to the Lydia Boriskie Partnership,as described by deed recorded in VOLUME 3856 PAGE 60 of the Official Records of Brazos County, Texas, said 0.69 acre tract being more particularly described as �y follows: Y1 COMMENCING at a 'A" iron rod found marking the north corner of proposed Lot 1. Horse Haven 0 ' Estates; THENCE S 26°42'33"E-216.70 feet with the northeast line of said proposed Lot Ito a point for the PLACE OF BEGINNING; THENCE N 59° 34' 0" E- 84.56 feet across said 13.47 acre tract with the northwest line of said , ' { proposed easement; t THENCE S 22°58' 18"E-429.29 feet with the northeast line of said 13.47 acre tract to a point for I corner in the center line of Wolf Pen Creek: THENCE S 59°42' 12"W-32.50 feet with said centerline to a point for angle point; THENCE S 75° 52'46"W-24.55 feet with said centerline to a point for corner.and being the east corner of said proposed Lot I; 'r THENCE N 26°42' 33"W-419.58 feet across said 13.47 acre tract with the northeast line to said proposed Lot 1 to the PLACE OF BEGINNING,and containing 0.69 acres of land. March 2001 { Municipal Development Group College Station,Texas I { k t { • • 1 0007314.18.106(33117) - t' 9'd Ei,Z1P-E69 1646) saw , dssIto to ea aew is S. • ...-a...,—:•t,,....n.. ;. —.,�...,—.:4,,,,.i.ur, L,:...:t.LII' v i,ww. `i '':i4.t.D.K�sa'S.a�, -..+d.+«ui...s... fic...w•...;• ..,,.4,,ti,.� ?.4:.:. 44;... :.. a J �11NYBs' •bYiRi."+WKkt'bh:IJ';�.aei\kk"''b"•wi:-q+flJi'gr.Yie4.1wP;N'.+i.b;�..•.. .? e. a e.�... t T l 0740147 • .. ' EXHIBIT"E " METES ANT)BOUNDS DESCRIPTION OFA 0 0.17 ACRE TRACT 4 (A 20'WIDE DRAINAGE EASEMENT) MORGAN RECTOR LEAGUE.ABSTRACT NO.46 ', COLLEGE STATION,BRAZOS COUNTY,TEXAS 0 • Metes and bounds description of all that certain 0.17 acre tract or parcel of land, being a 20'wide 7 drainage easement,and being a portion out of that same 13.47 acre tract conveyed from Michael Thiltgen, et al.to the Lydia Boriskie Partnership,as described by deed recorded in VOLUME 3856 PAGE 60 of the Official Records of Brazos County, Texas. said 0.17 acre tract being more particularly described as 0 follows: COMMENCING at a 'A" iron rod found marking the north corner of proposed Lot 1,Horse Haven 0 . • ' Estates; 2 • Y. THENCE S 26°42'33"E—247.22 feet with the northeast line of said proposed Lot Ito a point for the 1 E PLACE OF BEGINNING: THENCE S 26°42'33"E—20.00 feet with said line to a point for corner, THENCE across said 13.47 acre tract and said proposed Lot I,for the following calls: • S 62°53'39"W—30.04 feet; , J S 08°26'30"W—95.03 feet; S 61°57'02"W—102.48 feet; j `' S 70°54'03"W—295.02 feet; 1 S 26°59'31"W—208.31 feet; 1 THENCE N 20°29' 15"E—58.59 feet across said proposed Lot 1 to a point for corner in the proposed 4. southeast right-of-way line of Horse Haven Lane.and being the beginning of a curve to the left; ATHENCE in a northeasterly direction a distance o f 20.15 feet along the arc of said curve(Curve data: central angle=01°50' 51",radius=625.00 feet,tangent= 10.08,the chord bears N 62°38'33"E— i 20.14 feet)to a point for end of said curve and corner; i; ' THENCE across said 13.47 acre tract and said proposed Lot 1 for the following calls: S 20°29'51"W—68.80 feet; "`i S 26°59'31"E—182.10 feet, i N 70°54'03"E—276.52 feet; N 61°57'02"E—90.83 feet; • N 08°26'39"E—95.24 feet; tr THENCE N 62. 53' 39" E— 40.33 feet across said Lot l to the PLACE OF BEGINNING,and i containing 0.17 acres of land. I t March 2001 3 C. Municipal Development Group College Station,Texas , 2 0007514 19-106(3387) `S 141 L'd Ei.Z�-C69 ltiL6) 'JUN dSStIO to 8Z �aW gl g • • i „ i .. / .__ i - I EXHIBIT"E-4" 0740147 • - METES AND BOUNDS DESCRIPTION OFA f� i 1.11 ACRE TRACT Y1 (A VARIABLE WIDTH DRAINAGE BASIN EASEMENT) 4 MORGAN RECTOR LEAGUE,ABSTRACT NO.46 COLLEGE STATION,BRAZOS COUNTY,TEXAS 1 i Metes and bounds description of all that certain I.I 1 acre tract or parcel of land,being a variable width I . ! drainage basin easement,and a 7 g being portion out of that same 108.29 acre tract conveyed from Michael Thiltgen,et ux,to Burton Ray Hermann,et ux,as described by deed recorded in VOLUME 2085 PAGE 289 of the Official Records of Brazos County, Texas, said 1.11 acre tract being more particularly 1( described as follows: 0 1 COMMENCING at a %," iron rod found marking the north corner of proposed Lot 1, Horse Haven 0 Estates; fly • THENCE S 26°42' 33"E-216.70 feet with the northeast line of said proposed Lot I to a point for 2 corner; 2 ; i ! THENCE N 59°34'0"E-84.56 feet with the northwest line of a proposed 0.69 acre variable width drainage easement to a point for corner,and lying in the southwest line of said 108.29 acre tract; THENCE S 22°58' 18"E-40.00 feet with the northeast line of said proposed 0.69 acre easement and 1 the southwest line of said 108.29 acre tract to a point for corner, 'L i l THENCE N 72° 01' 42"E-321.31 feet across said 108.29 acre tract with the northwest line of a '' proposed 0.22 acre drainage easement to a point of comer,and being the PLACE OF BEGINNING; 1 THENCE N 18°13'15"W-14.87 feet across said 108.29 acre tract to a point for corner, THENCE across said 108.29 acre tract,around the existing stock pond,for the following calls: ; 1 N 71"46'45"E-44.37 feet; S 88°43'09"E-160.00 feet; • S 53°43'09"E-50.00 feet; ' • S 28°43'09"E-170.00 feet; S 36°16'51"W-66.06 feet; i S 73°II'31"W-67.46 feet; N 53°43'09"W-139.48 feet N 14°43'09"W-100.00 feet S 75°16'51"W-85.00 feet I• THENCE N 14° 43' 09" W-34.68 feet across said 108.29 acre tract to a point for corner in the 1 southeast line of said proposed 0.22 acre drainage easement; • r i i THENCE N 72°01'42"E-18.00 feet with said southeast line to a point for comer, THENCE N 18°13' 15"W-30.00 feet with the northeast line of said 0.22 acre tract to the PLACE OF BEGINNING and containing 1.11 acres of land. 7 ' AMarch 2001 1 Municipal Development Group College Station,Texas i. 000751.420.106(037) i 4' s t: ;' 13'd Et•z$'-Ess (61.6) JON dSS=IO 10 BZ Jell ;+- s ,' i' s w' . "7'1,=.' I xE.v..4l=-.Cv-'<Yk..ia:.j..at::S+i..w.a+.+.'.::iF ..n 3!::.��. '•: ..yKiiY.Ysa,^•,..... .... --„f..,..,.,....,...,..,. ..,.::.::.„,1,-.,..-,•,..--4,...3A4 ,-. ... 1, . ' 0740147 CORRECTION DRAINAGE AND FLOOD PLAIN CONSERVATION EASEMENT 4 1 THIS CORRECTION DRAINAGE AND FLOOD PLAIN CONSERVATION EASEMENT(this"Easement")is entered into as of the .54.4day of a --1. ,2001,by 7 and among the LYDIA BORISKIE PARTNERSHIP,a Texas general partnership("Boriskie"),and BURTON RAY HERMANN,ET UX,("Hermann"). 0 I.Recitals 0 1.1 Boriskie is the owner of a parcel of land located in the City of College Station, 0 Brazos County, Texas (the "Development Land"), such parcel being depicted on Exhibit A attached hereto and more fully described in Exhibits attached hereto. 7 1.2 Boriskie is also the owner of a parcel of land situated in the City of College Station, Brazos County,Texas, adjacent to the Development Land, (the'Boriskie Land"), such parcel being depicted on Exhibit A and more fully described in Exhibit C attached hereto. 1.3 Hermann is the owner of a parcel of land situated in the City of College Station, Brazos County,Texas,adjacent to the Boriskie Land,(the'Hermann Land"),such parcel being • depicted on Exhibit A and more fully described in Exhibit I)attached hereto. • 1.4 Such owners,as set forth in paragraphs 1.1, 1.2,and 1.3 above, are sometimes referred to herein collectively as"Owners"and in the singular as an"Owner",which term shall include any lessee of the Development Land so long as it leases any part of the Development Land. 1.5 The Boriskie Land and the Hermann Land(collectively,the "Property')shall be subject to the easements and conditions set forth herein and,in connection therewith,Boriskie and ! Hermann desire to(a)the grant of certain drainage easement rights,(b)permit the construction ; of certain drainage facilities,(c)permit the maintenance of the drainage facilities,and(d)subject the Property to the easements,covenants and conditions as hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises and the easements and covenants contained herein, the sufficiency of which is hereby acknowledged, the Owners do hereby declare and agree as follows: II. J)rainage Easement 2.1 Description of Drainage Easement. Boriskie and Hermann hereby grant an underground and aboveground stormwater drainage easement and above-ground stormwater detention/retention easement(together,the'Drainage Easement"),under,over,upon and across portions of the Boriskie Land and Hermann Land as depicted onExhibit E attached hereto and more fully described in Exhibits E-1,Ec2.Er-3 and£4 attached hereto. Part of the Drainage wdemy.drnleouep meon1120600ram5e.4.1,pd —�- A • • • 0740 147 0 Easement consists of underground and aboveground storm water conveyance facilities (the 4 `Drainage Facilities"),part consists of the flood plain excavation area(the'Flood Plain Excavation 1 Area'); and part consists of detention/retention facilities(the "Detention/Retention Facilities")Ex located on the Property as depicted on hibit E. The Detention/Retention Facilities shall remain 7 viable for watering livestock. 2.2 Usage of Drainage Easement. The Drainage Easement shall be interpreted to permit usage thereof on a non-exclusive basis by(a)the Owner or Owners of the Development 0 Land,(b)the successors and assigns of the Owner or Owners of the Development Land,and(c) 0 the tenants and subtenants of the Owner or Owners of the Development Land and their respective 0 successors and assigns. 0 • 2.3 No Alterations. After construction as provided in Section 2.4 below, neither 8 Boriskie nor Hermann shall cause or permit any alteration to the Drainage Facilities,the Flood Plain Excavation Area or the Detention/Retention Facilities. 2.4 Construction a_nd Maintenance. (a) The Owner of the Development Land shall construct the Drainage Facilities and • Flood Plain Excavation Area, including any drainage facilities necessary to convey stormwater from the Development Land to the Drainage Easement, at its sole cost and expense. Such construction shall be performed substantially in accordance with the plans described in Exhibit F • attached hereto. The Owner of the Development Land shall restore grass cover to areas within the Drainage Easement where the grass cover was destroyed by such construction. Hermann shall construct a fence between the Boriskie Land and the Development Land to keep livestock from entering onto the Development Land. (b) After completion of construction and except as provided below,the Owner of the Development Land shall maintain the Drainage Facilities and Flood Plain Excavation Area at its sole cost and expense. Hermann shall maintain the Detention/Retention Facilities at its sole cost and expense and shall mow the Drainage Facilities and the Flood Plain Excavation Area at least twice per calendar year. (c) All design,construction,maintenance and repair performed pursuant to this Article II shall be done in a good workmanlike manner and in compliance with all applicable laws, statutes,ordinances,codes,rules and regulations of applicable governmental authorities. ID. Access to Property Boriskie and Hermann hereby grant to the Owner or Owners of the Development Land and to any agents,employees or contractors of the Owner or Owners of the Development Land the right to enter upon that portion of such the Boriskie Land and the Hermann Land as reasonably a cadcvry.darlconcge shtim1120600dnimse.4.wpd 2 • • w..c':�.u.,.,,.• u..a....... 43 ...+ a. • i I • 0740147 , 0 necessary for the purpose of performing the construction and maintenance activities contemplated 41 hereunder. IV.Fminent Domain 0 4.1 n s fi=—�ght to Award. Nothing herein shall be construed to give any Owner any interest made to n inany award sorf payment hereof affectinger su hwner in other Owner's property,or to give to the 0 • pution with any exercise of blic or domain orve transfer in rights in such any property. In the event of any exercise of eminent 0 public any government any domain or transfer in lieu thereof of any part of an Ower's pro ertonly to wne dthattributable ibut ble to the land area and improvements of such property shall of. 4.2 C oltateral Claims. The Owner or Owners of the Development Land may file 9 collateral claims with the condemning authority for its losses with respect to any taking of the easements granted herein,which claim is separate and apart from the value of the land,facilities and improvements taken from the Owner thereof. V. This Easement may be modified or canceled only by written agreement signed by the Owners,or their respective successors and assigns(and any mortgagees holding first lien security portion of such Owner's property),as long as they have any interest as Owner of interests on any Po any portion of the property subject hereto. VI. C'enrral ErQyisi4n5 6.1 No DedicaliQtl. No provision of this Easement shall ever be construed to grant or create any rights whatsoever in or to property other than the easements,covenants,conditions and restrictions specifically set forth herein. Nothing in this Easement shall ever r constitute tnber ortbe e construed as a dedication of any interest herein described to the publicgiveany public any right whatsoever. 6.2 ltotio. Any notice hereunder must be in writing,and shall be effective upon three (3)business days after being deposited in the United States mail,certified mail, return receipt requested,addressed as set forth below(or as may be designated from time to time pursuant to the procedures provided in this Section 6.2 by any Owner),or when actually received y theuntil party too be notified,if hand delivered. For purposes of notice,the addresses parties, as herein provided,shall be as follows: *taco,/dim\colkge wuoa1120600dl.iattc 4 'vd 3 4 � -Ir .. ,>.... .,.u,"•.._ua.-4,...44-s-1 'iQuatas`stsadcrtwG..11u�.nb+r s>ISiC3+'i'>ia ttim..1.4,,t„4,,4 4..,..q f� -- - -- E y. C. 0740147 t 0 If to Boriskie; 4 1 Lydia Boriskie Partnership c/o Mr.Burt Hermann 7 2401 Rudder Fwy.S. College Station,Texas 77845 If to Hermann: 0 0 tMr.Burt Hermann 0 2401 Rudder Fwy.S. College Station,Texas 77845 6.3 Breach. In the event of a breach or threatened breach of this Easement,only the respective Owners of the Property shall be entitled to institute proceedings for full and adequate t relief from the consequences of said breach or threatened breach. The unsuccessful party in any • action shall pay to the prevailing party a reasonable sum for attorneys'fees,which shall be deemed to have accrued on the date such action was filed. • 6.4 Entire Agreement. This Easement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. The parties do not rely upon any statement,promise or representation not herein expressed,and this Easement once executed and delivered shall not be modified or altered in any respect except by a writing executed and delivered in the same manner as required by this document. 6.5 Severability. If any provision of this Easement shall be or become invalid, illegal or unenforceable in any respect under any applicable law,the validity,legality and enforceability of the remaining provisions shall not be affected or impaired thereby. 6.6 Rights of Successors. The easements, restrictions, benefits and obligations . hereunder shall create mutual benefits and servitudes running with the land. Notwithstanding i; anything to the contrary in this Easement,upon an Owner's sale of a parcel of"Land"subject to this Easement, including without limitation Boriskie's sale of the "Development Land," such Owner shall be released from all unaccrued liabilities and other obligations arising under this Agreement with respect to such Land from and after the effective date of such sale and the new .t Owner shall be responsible for such liabilities and other obligations during the period of its i. ownership. Subject to the other provisions hereof, this Easement shall bind and inure to the ii benefit of the parties hereto,their respective heirs,representatives,lessees,successors and assigns. i' :The singular number includes the plural and the masculine gender includes the feminine and • neuter. { 6.7 No Merger. It is expressly understood and agreed that the parties hereto do not 1 intend that there be, and there shall in no event be, a merger of the dominant and servient s tenements in the Property by virtue of the present or future ownership of any portion of said tenements being vested in the same person(s) or entity, but instead intend that the easement 1 acadany.davAcolkge wtiunv20600an;mse.4..pa 4 iz, t ii E 1',. ...1..._1.....,....zw.wt+.:x'�Y,.S. _v1i.,::Yc...,..s'...1O ,e1Fcu•-e.>.rw...ug.1„,,:..ax,..,...,.ajt>4._.._-fd,,,..a.a.4S..'..,s ..,..._ ,. ....v......... ... . .. .. • 0740147 } 0 r servitudes shall not be extinguished thereby and that said dominant and servient tenements be kept 4 separate. 1 6.8 Survey of the Drainage Easements. After construction of the Drainage Facilities 0 and the Flood Plain Excavation Area,any Owner may,at its own expense and upon ten(10)days' 7 prior written notice to the other Owners,have all or any part of the Drainage Easement surveyed, the as-built metes and bounds description of which shall be substituted for the applicable portion of Exhibits E-1,E.:2,E:3 and/or F-4 hereto.The Owners shall execute and record any instrument 0 reasonably necessary to so replace the description of the Drainage Easement. 0 6.9 Counterparts:Multiple Originals. This Easement may be executed simultaneously i in two or more counterparts,each of which shall be deemed an original and all of which together 1 shall constitute one and the same instrument. 1 6.10 Headings. The headings herein are inserted only as a matter of convenience and for reference and in no way define,limit or describe the scope of intent of this document nor in any way affect the terms and provisions hereof. 6.11 Correction Easement. This Easement is made and entered into in correction of that certain Drainage and Flood Plain Conservation Easement dated March 23,2001,and recorded at Document No.0739219 of the Real Property Records of Brazos County,Texas,in order to more accurately describe the Boriskie Land and the Hermann Land and to incorporate better the metes and bounds descriptions of the Drainage Easement attached as Exhibits E-1, E-2,Fc.3 and F-4 attached hereto, including the provision for modifications to such exhibits based upon as-built surveys pursuant to Section 6.9 above. EXECUTED as of the date first set forth above. LYDIA BORIS IAP RTNERSHIP By: `( _c.--.,-......., VirgbWHermann,Managing Partner BURTON RAY HERMANN.ET UX CZ‘4•''''' 1%, g.-/-44,---4-/—.--/ Burton Ray Hermann Virg1II1 C-#*nn acadcmy.davko0ge,hdan%120600dnimga.4.Wpd 5 • >r • s. ' - - = �� _ I 0740147 0 STATE OF TEXAS § 4 § 1 COUNTY OF BRAZOS § This instrument was acknowledged before me on this the day of( , Q , 7 2001,by Virginia Hermann,the Managing Partner of the Lydia riskie PartnAcp, a Texas general partnership,on behalf of said partnership.. SUZANNE KRUPA as i Ala r Notary FvOic Staled Texas •��� 0 t MyGrtfr4ic4Dairy' 'o • y elle,State of Texas SEPTF.PA0ER 4.2002 1 2 I t, I STATE OF TEXAS § i COUNTY OF BRAZOS § /" 1 This instrument was acknowledged before me on this the 4 day of(�(�a j______, - 1 2001,by Burton Ray Hermann. 1 . oirie.,,. A. . . -n, SUZANNERUPA 'otary ig.lie,State of Texas) i NONANNEsY U PA J My CO '*Cr ExrMeo , 1 . SEPTEMBER 4,2002 , I STATE OF TEXAS § I § • I " COUNTY OF BRAZOS § I This instrument was acknowledged before me on this the2 _day ofW____. ' 2001,byVirginia Hermann. 1 ig 1 putt ' KRUPA I�Ltey P, b' botcora 4t o .,} Miie otary c,State of Texas��� ,45..0/ S€Y''�i3ER4,2002 andemy.daw\ootkp stmionl12060tkkainageA.wpd 6 I. • • .;--t _<., .,,,„.,„.,„>,... .,2,...,.:t�. ,,,uk .,.,_+,..r- .,. ..,. wy?d,..,,>r.,;:a ,:,4rrs..51aa+._xei.�:..s..ktd�....,,._...'. ._..> .,.....— , �`,� 1 0740147 3i',.: EXHIBIT A i, 0 .D-e• •t1 a i ;ti ,• ..I./ _ I e111.i$ ..1d .1,0 I, 11 tin I ..81 /, . 7 ::::: :: :::: ::!)i .. .-: .... .. . • ..'.: c G 1 • : : . . . . -.-. .. • -:.:. . . . -. \ : : -. : : .: .:- -- • . , \ %.--...t,„......1.A. -'-''''''''g"..--;4110) 0 ---).. .., V aaem dydawhuat oi]ege ionU4 20600dniaap..vpd 4 __ 7 6"---- . —— 0740147 • lXFF B 0t jagalDescription of 4 o Development Land • • 7 of all that certain 1150 ace tract or pared of land,lying and being situated la the Morgs$ Meta and bounds Abstract 4 aportion out of that same called 1330 I Rector League,Mstraa xo 46,Co6go StaBoa,Brazos County.Teras,and being tract,found by current en-thoground survey to contain 13.47 acm,convexed from Wand W.Mitten,Executor,et al , YartnersIdp,as described by deed recorded in Volume 3639,Page 64 of the Of dal Records of Bra sci C the Lydiaty,TexBoras, da more particularly described as follows: 1 County, said 11.50 acre tract being BEGINNING at a point In the channel of Wolf Pen Creek,being the north corner of that same called 1427 acre tract,found,• .. by current on-the-ground survey to contain 1413 aaes,conveyed to Darts McGill,Trustee,as described by deed recorded in Volume 597,Pegs 226,of said Official Records. A 112"Iron rod found for reference monument la the northeast right-of-way line of Karl Rudder Freeway bears S 31'58'50"E-48.16 feet; f. TUENCB N 31'59'48"W-397.64 feet`with said In Volumef-wa line Tete 335 of aid n rod found marking the south corner of Lot 2, Done Herrera Estates,as depicted by p . THENCE N 57'59'12"E-717 fed with the toad:east Una of said Lot 2 to a 1/2"Iron rod set for beginning of a non-tangent curve to the tlghh TEIENCE la a northeasterly directloa 194.91 feet along the arc of said curve(Curve deli: central angle-17'35'13",radius ..635.00 feet,tangent-9123 feet,the chord bears N 66'43'40"E-19415 feet)to a 112"Iron rod found for end of said curve; i THENCE N 75'2870"E-111.06 fed with said Qne to a 1R"iron rod set for the beginning of a curve to the left; i THENCEfeetsaid curve(Curve data: central angle lee northeasterly direction 332.71 along the arc of 33'44'24",radius 565.00 feet,tangent..171.34 feet,the chord bears N 51'36'00"E-31733 fat)to a 1R"Iron rod set for end of said cum THENCE N 41`43'48"Z-9623 fat vdth said line to a 1/2"iron rod found for corner; 1 THENCE S 15'46'37"E-70.83 feet across said called 1330 acre tract to a 1f2"Iron rod found for corner, is i THENCE N 68'45'46"E-15429 fed across said trod to a 1!2"iron rod found for txc'acr'; , {TTHENCE S 26'42'33"E-63621 fed across said tract to a point for corner In the centerline of Wolf Pea Cretiq MENCg with the centerline meanders of Wolf Pen Creek for the following tins: IS 75'52'46"W-24.02 feet; N 7r 5419"W-20.02 fat; S Or 48'52"W-9256 keg: S 67'42'42"E-8331 fat; S 18'10'22"E-4430 feet•, S S9.16'03"W-8919 feet; N 84*5053"W-8297 Get; fN 63.4475"W-10738 fats a € S 55'22'25"W-69.88 fat; &' 4 \ ' 1 - II t. t: _... .,....i...,........:.'.;c w....,.di.i'..n»so_..-,s,.N_.s.i,... .usw..,..2:x u'.uaa:ctt..A.Ew:#.asst:r.a434.vii410.n.uw...ur..c....;.c.:.s�wae.*L..+s......Y.w..r'=:.4-., .a.,, • . _ _ _ . _ 0740147 • 0 N 87*01'50"W-3132 feet; 4i NOT 11 36'09"W-94.90 fee4 THENCE N 78.00'27"W-9739 feet with said creek eeaterUn.to a point for angle points TEEENC!S 86'43'46"W-455.96 feel with the line of the old channel to the Plies of Beginning and eontatdng 11.50 aeru of lana. 0 0 0 1 S • • B-2 • • • — J .\ _ _. c-� ` . . T ____..- -__. -- 0740147 It . . err C 0 al cnption of the 4 Roriskie Land 1 A 1.97 acre tract,being all of that same 13.47 acre tract described in the deed recorded in Volume 0 3856,Page 60 of the Real Property Records of Brazos County,Texas,SAVE AND EXCEPT that 7 same 11.50 acre tract more fully described in Exhibit B herein. 0 c: ,,. 0/'�� 0 • 9 1 , 6 { 3 . 1 ,. I t G academy.claw\college uadonU20600draloate.4.wpd - C-1.. . . . 0740147 . EJCI IBT1 D • IssalptsailItiallsSibc 4 Hermann Land 1 All that.certain 108.29 acre tract conveyed to Burton Ray Hermann,et ux,as described by deed 0 recorded in Volume 2085,Page 289 of the Real Property Records of Brazos County,Texas. . 0 0 1 7 • 1 • • caaemy.m. oo twbooafl1 P.4.WPe D4 • • • �= _. '-- __ -— - —— , '‘ , ....., . •.... , - ' . . • 1. . . ,. .. f.' . . . . .... . • 0740147 EXHIBIT E • 0 Depletion of Drainage Easements(including the Drainage Facilities.Flood Plain Excavatiup 4 • ,1 ....• —......... Ai-ea.and Detention/Rete ion Facilities) L . 0 i . ! 7 I i . 1-. 1 „ 2 . I o . 0 , ...,4 ffl IIPz I t 1 i. t 1 P D 0 LI- 1 . Ii .:. 1 ,.._ a u. . .. i .. .;-. ... ';...04. . 1 „..... ...5 1, \, I - • I 004 • .04& ., I ..... . - 1 . .. I 70 0 010 jo) '• ..." i g g . I scadcmy.dawkollege s1ation1120600drainage.4.wpd f ! . . . • • . • -:" t• . . ,. . . , , , , ,. ..,.I...•.--................r.,-,.....,...a.,a.t.,--.,—,;,.=.a.,,...*.ttsIG.t .t.t.te.1.440.,k,!k,-4.Z.t,.......'V,:;...,i.etratte..4.40.44.,,t,u).;tet3'• :,5,_,(4, - - 0740147 L' • EXHIBIT"E-1" METES AND BOUNDS DESCRIPTION OPA • t 0.22 ACRE(9600 SF)TRACT 4 (A 30'WIDE DRAINAGE EASEMENT) 1 MORGAN RECTOR LEAGUE,ABSTRACT NO.46 COLLEGE STATION,BRAZOS COUNTY,TEXAS 0 • $ Metes and bounds description of all that certain 0.22 acre(9600 SF)tract or parcel of land,being a'30' r wide drainage easement,and being a portion out of that same 108.29 acre tract conveyed from Michael Thiltgen.et ux,to Burton Ray Hermann,et ux,as described by deed recorded in VOLUME 2085 PAGE 289 of the Official Records of Brazos County, Texas, said 0.22 acre tract being more particularly described as follows: 0 COMMENCING at a ''A" iron rod found marking the north corner of proposed Lot 1, Horse Haven 0 Estates; 1 • THENCE S 26°42' 33" E—216.70 feet with the northeast line of said proposed Lot 1 to a point for 9 corner; THENCE N 59° 34'0"E—84.56 feet with the northwest line of a proposed,0.69 acre variable width drainage easement to a point for corner; THENCE S 22°58' 18"E—40.00 feet with the northeast line of said proposed 0.69 acre easement to a ° point for the PLACE OF BEGINNING; • THENCE N 72°01'42"E—321.31 feet across said 108.29 acre tract to a point of corner,and lying in the southwest line of a proposed 1.11 acre variable width drainage basin easement; THENCE S 18°13' 15"E—30.00 feet with said line to a point for corner, THENCE S 72° OP 42"W—318.69 feet across said 108.29 acre tract to a point for corner in said proposed 0.69 acre drainage easement; THENCE N 22°58'18"W-30.11 feet with said line,to the PLACE OP BEGINNING and containing 0.22 acres of land. March 2001 Municipal Development Group College Station,Texas 000751-Lt7.106(3337) s'd Eb•21,-C69 (6L6) Saw dssr10 10 az Jou t, • I • 0740 14+7_._ • EXHIBIT"E-2" METES AND BOUNDS DESCRIPTION • OFA 4 0.69 ACRE TRACT (A VARIABLE WIDTH DRAINAGE EASEMENT) MORGAN RECTOR LEAGUE,ABSTRACT NO.46 0 COLLEGE STATION,BRAZOS COUNTY.TEXAS 7 . Metes and bounds description of all that certain 0.69 acre tract or parcel of land,being a variable width drainage easement,and being a portion out of that same 13.47 acre tract conveyed from Michael Thiltgen, et al,to the Lydia Boriskie Partnership,as described by deed recorded in VOLUME 3856 PAGE 60 of the 0 Official Records of Brazos County, Texas, said 0.69 acre tract being more particularly described as follows: COMMENCING at a V2" iron rod found marking the north corner of proposed Lot 1, Horse Haven 2 Estates; 0 THENCE S 26°42'33"E—216.70 feet with the northeast line of said proposed Lot Ito a point for the PLACE OF BEGINNING; THENCE N 59° 34' 0" E— 84.56 feet across said 13.47 acre tract with the northwest line of said proposed easement; • THENCE S 22°58' IS"E—429.29 feet with the northeast tine of said 13.47 acre tract to a point for corner in the center line of Wolf Pen Creek; THENCE S 59°42' 12"W—32.50 feet with said centerline to a point for angle point; THENCE S 75° 52'46"W—24.55 feet with said centerline to a point for corner.and being the east corner of said proposed Lot 1; t r• THENCE N 26°42' 33"W—419.58 feet across said 13.47 acre tract with the northeast line to said proposed Lot Ito the PLACE OF BEGINNING,and containing 0.69 acres of land. • March 2001 Municipal Development Group College Station,Texas 000»t-LI a•tabt33a» 9'd C1.Z1•-C69 (6L6) saw , dsstto t0 6Z JUW • Pe •_.a.+-...w:,n ., .iYX ...v.A :«.�. :F.fO'.�isirw.9.. ".*...�. .:°u.9wirfs�ih'rawaw5�:a...3»H......-.<.. . .s - .+F"5.'. a_ .�$kb�Fnb41k�^ay.rd''.+ix)+ ':�aYxWY?iN"Yd: •.Y y t `,• ,.. 0740147 " a EXHIBIT"E-3" METES AND BOUNDS DESCRIPTION OFA 0.17 ACRE TRACT 4 (A 20'WIDE DRAINAGE EASEMENT) 1 MORGAN RECTOR LEAGUE,ABSTRACT NO.46 COLLEGE STATION,BRAZOS COUNTY.TEXAS • Metes and bounds description of all that certain 0.17 acre tract or parcel of land, being a 20'wide 7 ti drainage easement,and being a portion out of that same 13.47 acre tract conveyed from Michael Thiltgen, et al.to the Lydia Boriskie Partnership,as described by deed recorded in VOLUME 3856 PAGE 60 of the Official Records of Brazos County, Texas. said 0.17 acre tract being more particularly described as. 0 follows: COMMENCING at a Y" iron rod found marking the north corner of proposed Lot 1,Horse Haven 0 • z Estates; 2 • THENCE S 26°42'33"E—247.22 feet with the northeast line of said proposed Lot Ito a point for the 1 PLACE OF BEGINNING; THENCE S 26°42'33"E—20.00 feet with said line to a point for corner, THENCE across said 13.47 acre tract and said proposed Lot 1,for the following calls: S62°53'39"W-30.04 feet; ; S O8°26'30"W—95.03 feet; ` • ' S61°57'02"W-102.48 feet; i S 70°54'03"W—295.02 feet; ! S 26°59'31"W—208.31 feet; 1 THENCE N 20°29' 15"E—58.59 feet across said proposed Lot 1 to a point for corner in the proposed southeast right-of-way line of Horse Haven Lane,and being the beginning of a curve to the left; THENCE in a northeasterly direction a distance o f 20.15 feet along the arc of said curve(Curve data: central angle=01°50' 51",radius=625.00 feet,tangent= 10.08,the chord bears N 62°38'33"E— 20.14 feet)to a point for end of said curve and corner, {{# THENCE across said 13.47 acre tract and said proposed Lot I for the following calls: 1 S 20°29'51"W—68.80 feet: I S 26°59'31"E-182.10 feet; 1 t N 70°54'03"E—276.52 feet; N 61°57'02"E—90.83 feet; - ' N 08°26'39"E—95.24 feet; THENCE N 62° 53' 39"E— 40.33 feet across said Lot 1 to the PLACE OF BEGINNING,and ; containing 0.17 acres of land. s i March 2001 - Municipal Development Group `t{ College Station.Texas 3 r 0001514.10-106(3311) - `3 4 L•d era*'-e69 t6LC) 4c : , `JON dSS=TO TO BZ JaN • i } • ,. %^ __ ! EXHIBIT"E-1" 0740147 _ , • METES AND BOUNDS DESCRIPTION i OFA ;,. 1.11 ACRE TRACT 0 • (A VARIABLE WIDTH DRAINAGE BASIN EASEMENT) 4 • MORGAN RECTOR LEAGUE,ABSTRACT NO.46 COLLEGE STATION,BRAZOS COUNTY,TEXAS 1 0 Metes and bounds description of all that certain 1.1 1 acre tract or parcel of land.being a variable width drainage basin easement.and being a portion out of that same 108.29 acre tract conveyed from Michael 7 Thiltgen,et ux.to Burton Ray Hermann,et ux,as described by deed recorded in VOLUME 2085 PAGE 289 of the Official Records of Brazos County, Texas, said L11 acre tract being more particularly described as follows: 0 1 COMMENCING at a'/" iron rod found marking the north corner of proposed Lot I,Horse Haven 0y `.. Estates; 0 • , 6i • THENCE S 26°42' 33"E-216.70 feet with the northeast line of said proposed Lot 1 to a point for 2 ;( corner ; i I THENCE N 59°34'0"E-84.56 feet with the northwest line of a proposed 0.69 acre variable width drainage easement to a point for corner,and lying in the southwest line of said 108.29 acre tract; i I THENCE S 22°58' 18"E-40.00 feet with the northeast line of said proposed 0.69 acre easement and the southwest line of said 108.29 acre tract to a point for corner, . i + THENCE N 72° 01' 42"E-321.31 feet across said 108.29 acre tract with the northwest line of a proposed 0.22 acre drainage easement to a point of comer,and being the PLACE OF BEGINNING; I - • THENCE N 18°13'15"W-14.87 feet across said 108.29 acre tract to a point for corner, THENCE across said 108.29 acre tract,around the existing stock pond,for the following calls: t , 1 N 71°46'45"E-44.87 feet; S 88°43'09"E-160.00 feet; I S 53°43'09"E-50.00 feet; '%;t C S 2S°43'09"E-170.00 feet: - S 36°16'51"W-66.06 feet: , S 73°11'3I"W-67.46 feet; t� N 53°43'09"W-139.48 feet [ N 14°43'09"W-100.00 feet ' I S 75°16'51"W-85.00 feet i'; THENCE N 14° 43' 09" W -34.63 feet across said 108.29 acre tract to a point for corner in the southeast line of said proposed 0.22 acre drainage easement; E s ITHENCE N 72°01'42"E-18.00 feet with said southeast line to a point for corner. • 'THENCE N 18° 13'15"\V-30.00 feet with the northeast lino of said 0.22 acre tract to the PLACE OF :.i gI BEGINNING and containing 1.11 acres of land. I F March 2001 S 1 Municipal Development Group f College Station,Texas 000751.r.20.106(33s 7) jj : 8'd 61•Zt•-C69 16L6) sou CSS:IO 10 BZ Jew 1 I , f j S • i• 1 4 , : .ia.+ l .- ....._. ..5 'S'wsiv.'.+'w'+.s...+i.v;^"`� .« �,:5- a�r'Y gS`F..4.....................,....k...:,...,:,..,... ..•,„,....4.4,-i.[: n....••...,-.4....L...s.i, Alan P. Gibbs, P.E. Sr. Asst. City Engineer- Development City of College Station Public Works Department PUBLIC WORKS DEPARTMENT City of College Station P. O. Box 9960 College Station, Texas 77842 Ph: (979) 764-3570 Fx: (979) 764-3496 agibbscstx.gov www.cstx.gov Transmittal To: Roxanne Nemcik From: Alan P. Gibbs Finn: CS Legal Date: 3-19-05 Phone: Pte: Fax: CC: Re: Horse Haven 3-Private Drainage Esmt ❑ Urgent I For Review 0 Please Comment 0 Please Reply ❑Please Recycle • Items: - "Correction Drainage and Flood Plain Conservation Easement" • Comments: Roxanne, Attached is the private drainage easement we discussed. I have emailed you on this issue (and attached a hard copy). Thanks for your input. From: Alan Gibbs To: Nemcik, Roxanne Date: 3/19/2005 4:38:38 PM Subject: Horse Haven 3—Private Drainage Esmt Roxanne, A copy of the private drainage easement we briefly discussed should be delivered to you Monday. Exhibit E depicts the subject area behind Academy. Lee Adams with MDG is proposing that the Horse Haven 3 subdivision discharge into the eastern stock pond which is included within this easement. Again, this easement was dedicated to Academy for it's detention. We have Academy Drainage Report on file to this regard. We have told Lee that one of the items needed is an acknowledgement from Academy. An email dialoge is below on this topic. The main question to you is- per this esmt, what needs to happen legally? Thanks for your help. Alan Lee, In regards to items#1 and 4. Academy's approved drainage system includes the stock pond, approval will require Academy's written acknowledgment. The easement is required as to protect the home owners in Horse Haven Estates from future development disturbing this drainage system. Let me know if you have any further questions. Thanks -Josh Norton >>> Municipal Development Group <mdgcstxavahoo.com> 3/10/2005 12:23:31 PM >>> Josh, I will put together the solution that we discussed in the field for submittal. However, my comments are as follows. 1. Academy does not own the land or have any right to the easement or The pond which was pre-existing and the drainage easement is owned by the previous owner of the land Bert Herrman. The stockpond is at a higher elevation than the detention system, if the detention system overflows it will flow out in sheetflow in the floodplain and to the creek. It will never flow to the stockpond uphill and cannot have any effect on the Academy drainage. 2. I will recluctanty provide you with a certification not because of the technical facts or engineering principals but because I don't want to add to the legitmacy of was clearly silly engineering done for Academy for political purposes. 3. The open channel will have rip rap to lower the velocities to the pond for erosion protection. I will design the sheetflow overflow from the pond and protect it with riprap but the velocity from the sheetflow will be minimal. 4. I do not understand why sheetflow over floodplain would require an easement there will be no channel and there will be nothing to be maintained Lenwood S. Adams, P.E. Josh Norton <Jnortonna,cstx.gov>wrote: Lee, We need a submittal to be able to fully review and comment on the proposed drainage solution. However, based on our conversation in the field regarding the drainage solution for Horse Haven Estates, the following items would be required: 1)A letter of acknowledgment from Academy allowing a modification of their approved existing drainage system, which is primarily the isolation of the stock pond from their drainage basin. 2) Certification from you stating that Academy's drainage will still function without the use of the stock pond. 3) Erosion control measures for any open channel flow, specifically from Lots 9 and 10 to pond, and for pond discharge from proposed weir to creek. 4)A private drainage easement from Horse Haven Estates to the creek, including the pond. Let us know if you have any further questions. Thanks -Josh Norton CC: George, Bridgette; Nemcik, Roxanne; Norton, Josh • _ .. • 07410147 • 0 1 THIS CORRECTION DRAINAGE AND FLOOD PLAIN CONSERVATION 0 EASEMENT(this"Easement")is entered into as of the 'qday of Qp.',:G ,2001,by 7 and among the LYDIA BORISKIE PARTNERSHIP,a Texas general partnership("Boriskie"),and BURTON RAY HERMANN,ET UX,("Hermann"). 0 I.Recitas0 1.1 Boriskie is the owner of a parcel of land located in the City of College Station, 0 Brazos County, Texas (the "Development Land"), such parcel being depicted on Exhibit A 13 attached hereto and more fully described in Exhibit$attached hereto. 7 1.2 Boriskie is also the owner of a parcel of land situated in the City of College Station, Brazos County,Texas, adjacent to the Development Land, (the"Boriskie Land"), such parcel being depicted on Exhibit A and more fully described in Exhibit C attached hereto. 1.3 Hermann is the owner of a parcel of land situated in the City of College Station, Brazos County,Texas,adjacent to the Boriskie Land,(the"Hermann Land"),such parcel being depicted on Exhibit A and more fully described in Exhibit D attached hereto. 1.4 Such owners,as set forth in paragraphs 1.1, 1.2,and 1.3 above,are sometimes referred to herein collectively as"Owners"and in the singular as an"Owner",which term shall include any lessee of the Development Land so long as it leases any part of the Development Land. 1.5 The Boriskie Land and the Hermann Land(collectively,the "Property")shall be subject to the easements and conditions set forth herein and,in connection therewith,Boriskie and Hermann desire to(a)the grant of certain drainage easement rights,(b)permit the construction of certain drainage facilities,(c)permit the maintenance of the drainage facilities,and(d)subject the Property to the easements,covenants and conditions as hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises and the easements and covenants contained herein, the sufficiency of which is hereby acknowledged, the Owners do hereby declare and agree as follows: II. prainage Easement 2.1 Description of Drainage Easement. Boriskie and Hermann hereby grant an underground and aboveground stormwater drainage easement and above-ground stormwater detention/retention easement(together,the"Drainage Easement"),under,over,upon and across portions of the Boriskie Land and Hermann Land as depicted on Exhibit E attached hereto and more fully described in Rxhihitc E-1,E2,Fc3 and E-4 attached hereto. Part of the Drainage 1 -.. ,eademy.dn,Ncotlep stoop 12O600dnimip.4.*pd } 3 / �� ..,.,.... .,...vim_....,,r.. .. .....;.......a.-..y,/.,, Tr �t^'<. ..,• .+...,. -., • , -. _ __ • 0740147 0 Easement consists of underground and aboveground storm water conveyance facilities (the 4 "Drainage Facilities"),part consists of the flood plain excavation area(the"Flood Plain Excavation 1 Area"); and part consists of detention/retention facilities(the "Detention/Retention Facilities") 0 located on the Property as depicted on Exhibit E. The Detention/Retention Facilities shall remain 7 viable for watering livestock. 2.2 Usage of Drainage Easement. The Drainage Easement shall be interpreted to permit usage thereof on a non-exclusive basis by(a)the Owner or Owners of the Development 0 Land,(b)the successors and assigns of the Owner or Owners of the Development Land,and(c) 0 the tenants and subtenants of the Owner or Owners of the Development Land and their respective 0 successors and assigns. 0 2.3 No Alterations. After construction as provided in Section 2.4 below, neither E Boriskie nor Hermann shall cause or permit any alteration to the Drainage Facilities,the Flood Plain Excavation Area or the Detention/Retention Facilities. 2.4 Construction nd Mainte nce. (a) The Owner of the Development Land shall construct the Drainage Facilities and Flood Plain Excavation Area,including any drainage facilities necessary to convey stormwater from the Development Land to the Drainage Easement, at its sole cost and expense. Such construction shall be performed substantially in accordance with the plans described inFxhibit F attached hereto. The Owner of the Development Land shall restore grass cover to areas within the Drainage Easement where the grass cover was destroyed by such construction. Hermann shall construct a fence between the Boriskie Land and the Development Land to keep livestock from entering onto the Development Land. (b). After completion of construction and except as provided below,the Owner of the Development Land shall maintain the Drainage Facilities and Flood Plain Excavation Area at its sole cost and expense. Hermann shall maintain the Detention/Retention Facilities at its sole cost and expense and shall mow the Drainage Facilities and the Flood Plain Excavation Area at least twice per calendar year. (c) All design,construction,maintenance and repair performed pursuant to this Article II shall be done in a good workmanlike manner and in compliance with all applicable laws, statutes,ordinances,codes,rules and regulations of applicable governmental authorities. M. gess to Proprty Boriskie and Hermann hereby grant to the Owner or Owners of the Development Land and to any agents,employees or contractors of the Owner or Owners of the Development Land the right to enter upon that portion of such the Boriskie Land and the Hermann Land as reasonably sc"demy.dawkolkge station\120600dnmue.4.wpd 2 • a.._„a e._...,......,.�.'x.ri.«.:.a...sw...xu.:faYai�b.vwaiaN.wi:e• vur[��.aol�a. 3.�Fx.�!:,;6a.vyt;.tiY:aw'' .. f 0740 147 0 necessary for the purpose of performing the construction and maintenance activities contemplated 4 ! hereunder. 1 r IV.Fminent Domain 0 IIIs 7 fi 4.1 Owner's QwncrallIghtio.Alyard. Nothing herein shall be construed to give any Owner any ' interest in any award or payment made to another Owner in connection with any exercise of eminent domain or transfer in lieu thereof affecting such other Owner's property,or to give to the 0 ..r public or any government any rights in such any property. In the event of any exercise of eminent 0i' domain or transfer in lieu thereof of any part of an Owner's property,the award attributable to the 0 s land area and improvements of such property shall be payable only to Owner thereof. , 4.2 collateral Claims . The Owner or Owners of the Development Land may file 9 �' collateral claims with the condemning authority for its losses with respect to any taking of the easements granted herein,which claim is separate and apart from the value of the land,facilities and improvements taken from the Owner thereof. ; t V. Modification and Cancellation r, This Easement may be modified or canceled only by written agreement signed by the Owners,or their respective successors and assigns(and any mortgagees holding first lien security interests on any portion of such Owner's property),as long as they have any interest as Owner of any portion of the property subject hereto. VI. General Provisi Its 6.1 No Dedication. No provision of this Easement shall ever be construed to grant or • create any rights whatsoever in or to property other than the easements,covenants,conditions and restrictions specifically set forth herein. Nothing in this Easement shall ever constitute or be construed as a dedication of any interest herein described to the public or give any member of the public any right whatsoever. 6.2 Nabse. Any notice hereunder must be in writing,and shall be effective upon three 1 (3)business days after being deposited in the United States mail,certified mail,return receipt requested,addressed as set forth below(or as may be designated from time to time pursuant to the {;!. procedures provided in this Section 6.2 by any Owner),or when actually received by the party to 33i, be notified,if hand delivered. For purposes of notice,the addresses of the parties,until changed t, as herein provided,shall be as follows: 1;!;. li t i' seademy.dawboaep wdooU20600thaimts.4.Wve 3 i i;; • 6i. s' / . a 0740147 0 If to Boriskie; 4 Lydia Boriskie Partnership i' c/o Mr.Burt Hermann 2401 Rudder Fwy.S. 7 College Station,Texas 77845 If to Hermann; 0 el Mr.Burt Hermann 0 • 2401 Rudder Fwy.S. College Station,Texas 77845 6.3 Breach. In the event of a breach or threatened breach of this Easement,only the respective Owners of the Property shall be entitled to institute proceedings for full and adequate relief from the consequences of said breach or threatened breach. The unsuccessful party in any action shall pay to the prevailing party a reasonable sum for attorneys'fees,which shall be deemed to have accrued on the date such action was filed. 6.4 Entire Agreement. This Easement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. The parties do not rely upon any statement,promise or representation not herein expressed,and this Easement once executed and delivered shall not be modified or altered in any respect except by a writing executed and delivered in the same manner as required by this document. 6.5 Severability. If any provision of this Easement shall be or become invalid,illegal or unenforceable in any respect under any applicable law,the validity,legality and enforceability of the remaining provisions shall not be affected or impaired thereby. 6.6 Rights of Successor. The easements, restrictions, benefits and obligations i hereunder shall create mutual benefits and servitudes running with the land. Notwithstanding anything to the contrary in this Easement,upon an Owner's sale of a parcel of"Land"subject to fI this Easement, including without limitation Boriskie's sale of the 'Development Land," such Owner shall be released from all unaccrued liabilities and other obligations arising under this Agreement with respect to such Land from and after the effective date of such sale and the new Owner shall be responsible for such liabilities and other obligations during the period of its ownership. Subject to the other provisions hereof, this Facement shall bind and inure to the benefit of the parties hereto,their respective heirs,representatives,lessees,successors and assigns. The singular number includes the plural and the masculine gender includes the feminine and neuter. 6.7 No Merger. It is expressly understood and agreed that the parties hereto do not intend that there be, and there shall in no event be, a merger of the dominant and servient tenements in the Property by virtue of the present or future ownership of any portion of said tenements being vested in the same person(s) or entity, but instead intend that the easement .cadeaa.e+wkwuege autionu2omodnimse.4.wpd 4 0740147 0 servitudes shall not be extinguished thereby and that said dominant and servient tenements be kept 4 separate. 6.8 Survey of t_he Drainage asements. After construction of the Drainage Facilities 0 and the Flood Plain Excavation Area,any Owner may,at its own expense and upon ten(10)days' 7 prior written notice to the other Owners,have all or any part of the Drainage Easement surveyed, the as-built metes and bounds description of which shall be substituted for the applicable portion of Fxhihits E-1.E2,E3 and/or EA hereto.The Owners shall execute and record any instrument 0 reasonably necessary to so replace the description of the Drainage Easement. 0 6.9 Counterparts:Multiple Originals. This Easement may be executed simultaneously in two or more counterparts,each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 1 6.10 Dings. The headings herein are inserted only as a matter of convenience and for reference and in no way define,limit or describe the scope of intent of this document nor in any way affect the terms and provisions hereof. 6.11 Correction Easement. This Easement is made and entered into in correction of that certain Drainage and Flood Plain Conservation Easement dated March 23,2001,and recorded at Document No.0739219 of the Real Property Records of Brazos County,Texas,in order to more accurately describe the Boriskie Land and the Hermann Land and to incorporate better the metes and bounds descriptions of the Drainage Easement attached as Exhibits E-1,E2, and Id attached hereto, including the provision for modifications to such exhibits based upon as-built surveys pursuant to Section 6.9 above. EXECUTED as of the date first set forth above. LYDIA BORISjs]E PARTNERSHIP By: Virgi4pHermann,Managing Partner BURTON RAY HERMANN.ET U7( Burton Ray Hermann Virgrm ermann aeademy.dawkollep radon\I20600dniege.4.wpd S I S • w • 0740147 0 STATE OF TEXAS § 4 • 1 COUNTY OF BRAZOS § This instrument was acknowledged before me on this the day of( ; Q , 7 2001,by Virginia Hermann,the Managing Partner of the Lydia riskie Partntip, a Texas general partnership,on behalf of said partnership.. i 0 SUZANh1E KRUPA • .� 0 \' F�pyryPudd SaNdT41W f A7' o F aeRaslon t o i .lic,State of Texas "db' 1 SEPTF.MriER 4.2002 1 ., STATE OF TEXAS § § COUNTY OF BRAZOS § This instrument was acknowledged before me on this the4 day of C , 2001,by Burton Ray Hermann. /.,. . i►A_ . SUZANNZ KRUPA 'otary ip.lic,State of Texas) i Wary put*.SW*c4 T.3$ 1 J F / my res 1 \ 0SEPTEMBER 4,2002 i STATE OF TEXAS § § COUNTY OF BRAZOS § . This instrument was acknowledged before me on this t>x day of , 2001,by Virginia inia Hermann. : . SU,. '1 KRUPA ' Cj t •: .�t tlii1 Pip F2a0.d Teat a c,State of Texas��� 61 e .. SEP' R42002 ,ademp.d..ku0ege WBon\12060ndaio sa4.wpd 6 0740147 EXHIBIT'A ` • ... - ,-.. •• • .I • •- ,�,� I •-to. i :t.I I. 0. #0.111, .. • • • • :\ • • f' 7 I< i, . ti :•:: ::: :::: . • :: i !i•ii! : -:• •:• •: i • �'. ,a % ,..„..;. .. iI \ %1.11— . ,.il' s V‘11110,00.4 • "," aademy.dawAalk{e aoo aaU20600dreioge.4.wpd • e yA ./ • , : 0740147 EXHIBIT B 0 Legal Description of4 Development L • • 7 • of a1 that cereal'11.50 acre trod er parcel of land,lying and bpi situated la the Mergs a Meca sade geaadt tact No.46,.aa a end of that same caned 13.50 Rector aam Latae,Abstract �Elation,Brass Coady,Texas, being pa's tract,found by correct on-the-ground survey to contala 13.47 acres,con PMichael We O dna of Bras the Lydia Bariskie Parlay hip,as described by deed recorded Volume 3639,Page wst 1 County,Texas,add 11.50 acre tract being more particularly BEGINNING ata point la the channel of Wolf Pen Creek,being the north earner of that same called 14.27 acre .foF by current oo.the.ground survey to contain 14.23 acres,conveyed to Davis McGill,Trustee,as described by deed recoed la Volume 597,Page 226,of said Official Records. A 1/2"iron rod found for referents monument la the northeast right-of-way tine of Earl Rnddcr Freeway bears S31*58'50"E-48.16 feet; a rod found ITHENilCE N *59'411"W-397.64 feet with said tight-of-way line to a 1/2"iven Estates,as depleted by plat recorded In Volume 3158,Page 335 of saki Oflldalm�0ards;the south artier et Let 2, THENCE N 57'59'12"E-7.17 fed with the southeast line of said Lot 2 to a IJ2"Iron rod set for beginning of a non-tangent curve to the right, THENCE la a aortbeasterly direction 19431 feet along the arc of said curve(Curve dati: central angle-17.3513",radia 635.00 feet,tangent 9223 feet,the chord bean N 66.43V0"E-191d5 fat)b a 1/2"Iron rod toned for end of and eucrr, 'THENCE N 75'28'10"E-111.46 feet with said line to a 1/2"Iron rod set for the beginning of a curve to the lett; THENCE la a northeasterly direction 332.71 feet along the arc of said curve(Curve data central angle 33.44'24",radia II 565.00 fed,tangent.17134 feet,the chord bears N 5$'36'00"E-31733 feet)to a 1/2"iron rod set for end of said enrrr THENCE N 41.43'43"E-9622 feet with said line to a 1/2"itoa rod found for corner; THENCE S 15.46'37"E-70.83 feet across said called 13.50 acre tract to a lit"Iron rod found for corral I THENCE N 68'45'46"B-15429 feet across said tract to a 1/2"iron rod found for corner; THENCE 826.42'33"E-63622 feet across said tract to a point for corner in the centerline of Wolf Pen Creek e' € THENCE with the centerline meanders of Wolf Pea Creek for the following calls: • P" 1 S 75.52'46"W-24.02 feet 3 S N 77.5439"W-20.02 feet; f, S 07'48'51"W-92.56 feet; I 867"42'42"E-03Sgtap t S 18'10'22"E-44.50 feet 4 S 59.16'08"W-29.19 Peep 1 N 84'56'53"W-0237 feet; t N 63 4435"W-10738 feet; ,r * S 55'22.25"W-69.88 feet f &1 . u i \ I' • , I!' 1, •• 1...- . . . , . . . . , , . - . ' • ‘• ' - . . '.- . • '' . .'' ....•.40 , . •... ,.,. ./ , ,, . ........ .. .• ' , , ...,,..........................--.....„...... ......,.*.or ...........'......... ...............•••••••••••............... , . • • • 0740147 .. . • . . . . . ' 0 NO?0150"W-34.32 feet; . 4 N 07•3409.W-9430 feet; 1 i 0 ' • TIEECNCE NW 00'27"W-9739 feet teilb said creek centerline to a point for antis point; . 7 THVt SSC 43'4i"W-455.96 feet with the line of the old channel to the Maloof Beginning and containing 1140 acres oi 1, land. , 0 I' , . 0 . ' 0 I 1 . • 5 . ..• . • . . i . , • .. . '1r !,.. • • ', 11:. i,• . . • 11' . • •1'. ., i • . I.. ,.., 1 I. 1 ,)i 11 • IC t ti 11 I . ? It $ .r i . 11 . . , ..! 1:1 , . • . t . 'I -i • 1 B-2 ,. , . , . . . , . , . , . . . i . - '.. . , . . . „-- . , — ... -- - ..-----,--- . T-----4, , , t • • 0740147 EXHIBTT C 0 ',nal Description of Om 4 BoriskieLand • A 1.97 acre tract,being all of that same 13.47 acre tract described in the deed recorded in Volume 3856,Page 60 of the Real Property Records of Brazos County,Texas,SAVE AND EXCEPT that 7 same 11.50 acre tract more fully described in Exhibit B herein. 0 1 • saideary.daw4mIlege sluice\120600dralase.4.wpd C-I • t• 0740147 3 EXHIBIT D Legal Description of the 4 ermanniand 1 H All that certain 108.29 acre tract conveyed to Burton Ray Hermann,et ux,as described by deed e recorded in Volume 2085,Page 289 of the Real Property Records of Brazos County,Texas. 7 0 0 0 1 7 I' GN' • eudemy.d&MColkp mdoa\120600dninp.4.wpd D-1 _ 1 :;. 0740147 EXHIBIT E 1 }�Jction of Drainage Easements(tncluding.theJ)rainage Facilities.Flood Plain Excavatio • E • ....•••••• thea and DetentionfRete ion Facilities 4 1 0 1 7 , i 1 f i 11 0 ,, ,,. m 101°3§ i a Dom §)6 - 1 , I- ,,,..--.. 111\) 1 ,\\ t6 i , 1 L1cfr t°';°IT \ I 4 % st --• %_—___. _ • I It S-\43 - -‘,, ‘140 ... . i jo- .0 • . 046 f., aeademy.dawkoUepe patioo112060Qtra6iye.4.wpd w�'4• 8 , ,.,, ._..+a.;«...c.>.,:......�...,..;w.�..x.:.::,,u>x:r.• is-.. �r,.a..,,,".o-::. ,_ ., ,. :. ' I 0740147 EXHIBIT"E-1" METES AND BOUNDS DESCRIPTION 0 OFA 0.22 ACRE(9600 SF)TRACT 4 (A 30'WIDE DRAINAGE EASEMENT) 1 MORGAN RECTOR LEAGUE,ABSTRACT NO.46 COLLEGE STATION,BRAZOS COUNTY,TEXAS 0 Metes and bounds description of all that certain 0.22 acre(9600 SF)tract or parcel of land,being a•30' wide drainage easement,and being a portion out of that same 108.29 acre tract conveyed from Michael Thi ltgen,et ux,to Burton Ray Hermann.et ux,as described by deed recorded in VOLUME 2085 PAGE ek 289 of the Official Records of Brazos County, Texas, said 0.22 acre tract being more particularly described as follows: COMMENCING at a '''4" iron rod found marking the north corner of proposed Lot I,Horse Haven 0 Estates; 1 • THENCE S 26°42'33"E—216.70 feet with the northeast line of said proposed Lot 1 to a point for 9 corner; THENCE N 59°34'0"E—84.56 feet with the northwest line of a proposed 0.69 acre variable width drainage easement to a point for corner; THENCE S 22°58' 18"E—40.00 feet with the northeast line of said proposed 0.69 acre easement to a point for the PLACE OF BEGINNING; THENCE N 72°01'42"E—321.31 feet across said 108.29 acre tract to a point of corner,and lying in the southwest line of a proposed 1.11 acre variable width drainage basin easement; THENCE S 18°13' IS"E—30.00 feet with said line to a point for corner, THENCE S 72° 01' 42"W—318.69 feet across said 108.29 acre tract to a point for corner in said proposed 0.69 acre drainage easement; THENCE N 22°58'18"W—30.11 feet with said line,to the PLACE OF BEGINNING and containing 0.22 acres of land. • March 2001 Municipal Development Group . College Station,Texas } ry 0007514.17.106(3387) S'd Et.Z*-C89 1848) JON dSSriO TO 8Z .4114 ji 1 • • • ,‘.' 0740 14+7_._ F • EXHIBIT"E-2" E METES AND BOUNDS DESCRIPTION 0 i OFA 4 0.69 ACRE TRACT t (A VARIABLE WIDTH DRAINAGE EASEMENT) 1 MORGAN RECTOR LEAGUE,ABSTRACT NO.46 0 COLLEGE STATION,BRAZOS COUNTY,TEXAS 7 t Metes and bounds description of all that certain 0.69 acre tract or parcel of land,being a variable width Idrainage easement,and being a portion out of that same 13.47 acre tract conveyed from Michael Thiltgen, et al,to the Lydia Boriskie Partnership,as described by deed recorded in VOLUME 3856 PAGE 60 of the 0 Official Records of Brazos County, Texas, said 0.69 acre tract being more particularly described as ca follows: COMMENCING at a %2"iron rod found marking the north corner of proposed Lot I,Horse Haven 2 ' IN Estates; G THENCE S 26°42'33"E-216.70 feet with the northeast line of said proposed Lot I to a point for the PLACE OF BEGINNING; I THENCE N 59° 34' 0" E- 84.56 feet across said 13.47 acre tract with the northwest line of said I proposed easement; • THENCE S 22°58' 18"E-429.29 feet with the northeast line of said 13.47 acre tract to a point for I corner in the center line of Wolf Pen Creek; THENCE S 59°42' 12"W-32.50 feet with said centerline to a point for angle point; • x THENCE S 75°52'46"W-24.55 feet with said centerline to a point for corner.and being the east corner of said proposed Lot 1; THENCE N 26°42' 33"W-419.58 feet across said 13.47 acre tract with the northeast tine to said proposed Lot Ito the PLACE OF BEGINNING,and containing 0.69 acres of land. I March 2001 i Municipal Development Group College Station,Texas I i i' � 6 Lkk r tt I t. 000771-.18.106(7)17) 9'd Ci•Z1•-C69 (6.6) saw dSS=IO TO 8Z JeW • • x....«.w...,,.n�:..,:u:.:,...v.a._<,..w.a., .;, .;.:- :. .ww,.,c.un7wdsra'bea✓vti' �..:.r'a:,.i.:,AY' .c . .w...".'.',.v.,.,A:+f i....w..,..., ;. K.... «w,... k 1 . _x 0740147 • .. • EXHIBIT"E-3" METES AND BOUNDS DESCRIPTION OF A 0.17 ACRE TRACT 4 (A 20'WIDE DRAINAGE EASEMENT) ,1 MORGAN RECTOR LEAGUE,ABSTRACT NO.46 COLLEGE STATION,BRAZOS COUNTY.TEXAS 0 . Metes and bounds description of all that certain 0.17 acre tract or parcel of land, being a 20''wide 7 drainage easement,and being a portion out of that same 13.47 acre tract conveyed from Michael Thiltgen, et al,to the Lydia Boriskie Partnership,as described by deed recorded in VOLUME 3856 PAGE 60 of the Official Records of Brazos County, Texas, said 0.17 acre tract being more particularly described as 0 e follows: 0 is COMMENCING at a '/" iron rod found marking the north corner of proposed Lot 1,Horse Haven D� Estates; G + THENCE S 26°42'33"E-247.22 feet with the northeast line of said proposed Lot Ito a point for the . PLACE OF BEGINNING; , THENCE S 26°42'33"E-20.00 feet with said line to a point for corner; I THENCE across said 13.47 acre tract and said proposed Lot I,for the following calls: . l S 62°53'39"W-30.04 feet; S 08°26'34"W-95.03 feet; S 6l°57'02"W-102.48 feet; S 70°54'03"W-2_95.02 feet; S 26°59'31"W-208.31 feet; THENCE N 20°29' 15"E-58.59 feet across said proposed Lot I to a point for corner in the proposed southeast right-of-way line of Horse Haven Lane,and being the beginning of a curve to the left; 4t 1 THENCE in a northeasterly direction a distance o f 20.15 feet along the arc of said curve(Curve data: central angle=01°50' 51",radius=625.00 feet,tangent a 10.08,the chord bears N 62°38'33"E- 20.14 feet)to a point for end of said curve and corner; , THENCE across said 13.47 acre tract and said proposed Lot 1 for the following calls: ; S 20°29'51"W-68.80 feet; I ' l' • S 26°59'31"E-182.10 feet; N 70°54'03"E-276.52 feet; I N 61°57'02"E-90.83 feet; N 08°26'39"E-95.24 feet; i ' 1 THENCE N 62° 53' 39" E-40.33 feet across said Lot I to the PLACE OF BEGINNING,and 1 containing 0.17 acres of land. b March 2001 4 Municipal Development Group College Station,Texas 0001514 10-106(3317) o L'al E1.21.-E69 16LS) SUM dSS:TO i0 BZ IVW • / "---z — .. / , • -- -----1, ' , - • I_ EXHIBIT"E-4" 0740147 METES AND BOUNDS DESCRIPTION OF A = 1.11 ACRE TRACT 0 (A VARIABLE WIDTH DRAINAGE BASIN EASEMENT) 4 MORGAN RECTOR LEAGUE,ABSTRACT NO.46 COLLEGE STATION,BRAZOS COUNTY,TEXAS 1 , Metes and bounds description of all that certain 1.11 acre tract or parcel of land,being a variable width 0 drainage basin easement,and being a portion out of that same 108.29 acre tract conveyed from Michael 7 Thiltgen,et ux,to Burton Ray Hermann,et ux,as described by deed recorded in VOLUME 2083 PAGE 289 of the Official Records of Brazos County, Texas, said 1.11 acre tract being more particularly described as follows: 0 COMMENCING at a W' iron rod found marking the north corner of proposed Lot I,Horse Haven 0 Estates; 0 • = THENCE S 26°42'33"E-216.70 feet with the northeast line of said proposed Lot 1 to a point for 2 corner; 2 THENCE N 59°34'0"E-84.56 feet with the northwest line of a proposed 0.69 acre variable width drainage easement to a point for corner,and lying in the southwest line of said 108.29 acre tract; i THENCE S 22°58' 18"E-40.00 feet with the northeast line of said proposed 0.69 acre easement and the southwest line of said 108.29 acre tract to a point for corner, 1 THENCE N 72° 01' 42"E-321.31 feet across said 108.29 acre tract with the northwest line of a proposed 0.22 acre drainage easement to a point of corner,and being the PLACE OF BEGINNLNG; I , ,i THENCE N 18°13'15"W-14.87 feet across said 108.29 acre tract to a point for corner, ,t t THENCE across said 108.29 acre tract,around the existing stock pond,for the following calls:• - 1 i 1 N 7U'46'45"E-44.87 feet; S 88°43'09"E-160.00 feet; 1 1 S 53°43'09"E-50.00 t'eet; S 28°43'09"E-170.00 feet; t S 36°16'51"W-66 06 feet: S 73°11'31"W-67.46 feet; 1 N 53°43'09"W-139.48 feet N 14°43'09"W-100.00 feet I S75°16'51"W-85.00 feet k I THENCE N 14° 43' 09" W -34.68 feet across said 108.29 acre tract to a point for corner in the 4 southeast line of said proposed 0.22 acre drainage easement; I , THENCE N 72°01'42"E-18.00 feet with said southeast line to a point for corner, THENCE N 18° 13'15"W-30.00 feet with the northeast line of said 0.22 acre tract to the PLACE OF : BEGINNING and containing 1.11 acres of land. 1 March 2001 Municipal Development Group f t College Station,Texas t 8•d 00073I4.204N(33117) CiC69 (BLS saw dsszto to az •_ 1 •. • .4.......44.,...,......,......,..---......,..,....4,.....-........„..4.,, AG, ,,'''''' . - 0740147 i 0 , EXHIBIT F 4 r' 1 ,1, 1 Description of Drainage Ply , 7 i Drawings prepared by Terra Associates,Inc.consisting of the following sheets: ' Sheet Cl Existing Conditions f a' Sheet C2 Construction Notes 0 t Sheet C3 Site Grading Plan ( . t Sheet C4 Site Utility Plan I Sheet C5 Site Drainage Plan 3 Sheet C6 Utility Details Sheet C7 Erosion Control Plan Filed for Record in: Sheet C8 Erosion Control Details MIMS COM, a:Apr 84,2111 at 61:15N Asa : Recordings Aeeaaewt*abort 070147 Aaount 38.11 f`- Receipt Nueber—169729 i B, it Barbara Johnson NNE fINS @!R'f £ I ! cetiii t at this isstraed hidrlicedileasdtuistagedMnrbw ,,i ad gas*If recedtd is the Woe ad pap of the mai records et a limped urea tog a Apr 04,2001 IO WI E NB ICIEBI,onNZ6 MEI, 1' . . Ik . i d aeaemy.M\cans etat:onU20600draimp.4.Wpd 114 � I ,' ]/ i; i 4 yy -- 1 f ,, (4•I, 2551 Texas Ave. South, Ste. A,College Station,TX 77840 31 p �� .693.5359 Fax 979.693.4243 Email: mdgcstx@yahoo.com yahoo.comNiiiitsw, ��1,i0,/ V ��q.�. Ofc: 979 Fa( �, LC '\ R LETTER OF TRANSMITTAL TO: --O $ h nar o AT //e5-.0.-- FROM: 4 A:41.14.4.5 DATE: 3 - /7- e) s` MDG JOB NUMBER: ATTACHED PLEASE FIND: NO. OF COPIES DESCRIPTION 1 Fisch,e%# LDocawheal S ItZorSe. Iie .", 1311411C#241.1°C;" w-bort ' sJ ,,.rs qac Z— •., iv;siort ' 4wi^/s S 1 7r nfo5 is .a._ 4e••/eve Der-w%•41,5 l I s-M.., , 234-Fes THESE ITEMS ARE TRANSMITTED AS CHEKED BELOW: • i ' APPROVAL ►: OR REVIEW ❑ FOR YOUR USE ❑ AS REQUESTED ❑ OTHER: COMMENTS: SIGNED: ' �� 2551 Texas Ave. South, Ste. A, College Station, TX 77840 ..4 1‘;; fib. N,c. Ofc: 979.693.5359 Fax: 979.693.4243 Email: mdgcstx@yahoo.com 44401,0 * 40 11 March 2005 Josh Norton, EIT City of College Station 1101 Texas Ave. College Station, TX 77840 Re: Horse Haven Drainage Easement, VOLUME 4107 PAGE 07 Mr. Norton: As we have discussed recently, the stock pond behind Horse Haven Phase Three is owned by Oakwood Custom Homes Group, Ltd. The drainage and conservation easement is owned by Burton R. Hermann et ux, and Lydia Boriskie Partnership. Also, the Academy site owner has usage rights, as described in the filed documents. 1) The recitals give "non-exclusive use" of the easements (paragraph 2.2) including Easement"E-4" (the 1.11 acre tract which is the stock pond), to the owner of the "Development Land", which is the Academy site. Since their use and right is "non-exclusive", there is no necessity for their permission. 2) Paragraph 2.3 does not allow any alteration to the facilities, including the stock pond which is styled"Detention/Retention Basin" in the documents. We have proposed no alteration to the stock pond itself. Construction of a weir has been suggested by staff, of course, but such appears prohibited by the terms of the document, unless this provision is mooted by the charge in ownership from Hermann to Oakwood. At any rate, according to Lee Adams, P.E., the weir is unnecessary. The stock pond was included as "eye wash" in the Academy development to appease a home owners group. As you know, a basin which remains full all the time, as this one does, adds no capacity to any drainage detention system. Since the pond is about 3 feet higher than the Academy detention basin, any suggestion that it functions as a detention basin for the Academy is silly, unless water runs uphill. In addition, since both the Academy detention basin are wholly within the 100 year flood plain this whole discussion seems even more specious. I hope this clarifies the issue. Basically Academy does not "own"the pond, Oakwood does. Academy does not have any exclusive rights to its use, nor can Academy control its use. Please call if Lee or me, if we can answer any more of your questions. Sincerely, MUNICIPAL DEVELOPMENT GROUP A . Grjy.ry K. 'aggart R.P.L.S. `rnaging 'rincipal 22-2001 13:32 ACADEMY 281 646 5071 P.02 DRAINAGE AND FLOOD PLAIN CONSERVATION EASEMENT THIS DRAINAGE AND FLO,QD PLA CONSERVATION EASEMENT (this "Easement") is entered into as of theol day of , 2001, by and among the LYDIA BORISKIE PARTNERSHIP, a Texas general partners "Boriskie"), and BURTON A RAY HERMANN, ET UX, ("Hermann"). I. Recitals 1.1 Boriskie is the owner of a parcel of land located in the City of College Station, Brazos County, Texas (the "Development Land"), such parcel being depicted on Exhibit A 4-1 attached hereto and more fully described in Exhibit B attached hereto. i4( 1.2 Boriskie is also the owner of a parcel of land situated in the City of College Station, Brazos County, Texas, adjacent to the Development Land, (the "Boriskie Land"), such parcel being depicted on Exhibit A and more fully described in Exhibit C attached hereto. 1.3 Hermann is the owner of a parcel of land situated in the City of College Station, Brazos County, Texas, adjacent to the Boriskie Land, (the "Hermann Land"), such parcel being depicted on Exhibit A and more fully described in Exhibit D attached hereto. 1.4 Such owners, as set forth in paragraphs 1.1, 1.2, and 1.3 above, are sometimes referred to herein collectively as "Owners" and in the singular as an "Owner", which term shall include any lessee of the Development Land so long as it leases any part of the Development Land. 1.5 The Boriskie Land and the Hermann Land (collectively, the "Property") shall be a subject to the easements and conditions set forth herein and, in connection therewith, Boriskie and Hermann desire to (a) the grant of certain drainage easement rights, (b) permit the construction of certain drainage facilities, (c-)permit the maintenance of the drainage facilities, and (d) subject. the Property to the easements, covenants and conditions as hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises and the easements and covenants contained herein, the sufficiency of which is hereby acknowledged, the Owners do hereby declare and agree as follows: II. Drainage Easement 2.1 Description. of Djainage Easemegl. Boriskie and Hermann hereby grant an underground and aboveground stormwater drainage easement and above-ground stormwater detention/retention easement(together, the "Drainage Easement"), under, over, upon and across !i• portions of the Boriskie Land and Hermann Land as depicted on Exhibit E attached hereto. Part acadefny.daw\college;talon\120600dralnage.3.wpd �b 22-2001 13:32 ACADEMY 281 646 5071 P.03 of the Drainage Easement consists of underground and aboveground storm water conveyance facilities (the "Drainage Facilities"), part consists of the flood plain excavation area (the "Flood Plain Excavation Area"); and part consists of detention/retention facilities (the "Detention/Retention Facilities") located on the Property as depicted on Exhibit E. The Detention/Retention Facilities shall remain viable for watering livestock. 2.2 Usage of Drainage Easement. The Drainage Easement shall be interpreted to permit usage thereof on a non-exclusive basis by (a) the Owner or Owners of the Development Land, (b) the successors and assigns of the Owner or Owners of the Development Land, and (c) the tenants and subtenants of the Owner or Owners of the Development Land and their respective successors and assigns. 2.3 No Alterations. After construction as provided in Section 2.4 below, neither Boriskie nor Hermann shall cause or permit any alteration to the Drainage Facilities, the Flood Plain Excavation Area or the Detention/Retention Facilities. 2.4 Construction and Maintenance. (a) The Owner of the Development Land shall construct the Drainage Facilities and Flood Plain Excavation Area, including any drainage facilities necessary to convey stormwater from the Development Land to the Drainage Easement, at its sole cost and expense. Such construction shall be performed substantially in accordance with the plans described in Exhibit F attached hereto. The Owner of the Development Land shall restore grass cover to areas within the Drainage Easement where the grass cover was destroyed by such construction. Hermann shall construct a fence between the Boriskie Land and the Development Land to keep livestock from entering onto the Development Land. (b) After completion of construction and except as provided below, the Owner of the Development Land shall maintain the Drainage Facilities and Flood Plain Excavation Area at its sole cost and expense. Hermann shall maintain the Detention/Retention Facilities at its sole cost and expense and shall mow the Drainage Facilities and the Flood Plain Excavation Area at least twice per calendar year. (c) All design, construction, maintenance and repair performed pursuant to this Article II shall be done in a good workmanlike manner and in compliance with all applicable laws, statutes, ordinances, codes, rules and regulations of applicable governmental authorities. Ti!. Access to Property Boriskie and Hermann hereby grant to the Owner or Owners of the Development Land and to any agents, employees or contractors of the Owner or Owners of the Development Land the right to enter upon that portion of such the Boriskie Land and the Hermann Land as reasonably acadcmy.daw\colleae sution\120600drainagei.wpd 2 • necessary for the purpose of performing the construction and maintenance activities contemplated hereunder, IV. eminent Domain 4.1 Owner's Right to Award. Nothing herein shall be construed to give any Owner any interest in any award or payment made to another Owner in connection with any exercise of eminent domain or transfer in lieu thereof affecting such other Owner's property, or to give to the public or any government any rights in such any property. In the event of any exercise of eminent domain or transfer in lieu thereof of any part of an Owner's property, the award attributable to the land area and improvements of such property shall be payable only to Owner thereof, 4.2 Collateral Claims. The Owner or Owners of the Development Land may file collateral claims with the condemning authority for its losses with respect to any taking of the easements granted herein, which claim is separate and apart from the value of the land, facilities and improvements taken from the Owner thereof. V. Modification and Cancellation This Easement may be modified or canceled only by written agreement signed by the Owners, or their respective successors and assigns (and any mortgagees holding first lien security interests on any portion of such Owner's property), as long as they have any interest as Owner of any portion of the property subject hereto. VI. General PsovisionS 6.1 No Dedication. No provision of this Easement shall ever be construed to grant or create any rights whatsoever in or to property other than the easements, covenants, conditions and restrictions specifically set forth herein. Nothing in this Easement shall ever constitute or be construed as a dedication of any interest herein described to the public or give any member of the public any right whatsoever. 6.2 Notice. Any notice hereunder must be in writing, and shall be effective upon three (3) business days after being deposited in the United States mail, certified mail, return receipt requested, addressed as set forth below(or as may be designated from time to time pursuant to the procedures provided in this Section 6.2 by any Owner), or when actually received by the party to be notified, if hand delivered. For purposes of notice, the addresses of the parties, until changed as herein provided, shall be as follows: aeadergy.daw\college station\120600dralnage.3.wpd 3 f,/J c01 h4tJ Jb r 1 If to Boriskie: Lydia Boriskie Partnership c/o Mr. Burt Hermann 2401 Rudder Pwy. S. College Station, Texas 77845 If to Hermann: Mr. Burt Hermann 2401 Rudder Fwy. S. College Station, Texas 77845 6.3 Breach. In the event of a breach or threatened breach of this Easement, only the respective Owners of the Property shall be entitled to institute proceedings for full and adequate relief from the consequences of said breach or threatened breach. The unsuccessful party in any action shall pay to the prevailing party a reasonable sum for attorneys' fees, which shall be deemed to have accrued on the date such action was filed, 6.4 Entire raillAgiconag. This Easement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. The parties do not rely upon any statement, promise or representation not herein expressed, and this Easement once executed and delivered shall not be modified or altered in any respect except by a writing executed and delivered in the same manner as required by this document, 6.5 Severabilityy. If any provision of this Easement shall be or become invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. 6.6 sights of Successors. The easements, restrictions, benefits and obligations hereunder shall create mutual benefits and servitudes running with the land. Notwithstanding anything to the contrary in this Easement, upon an Owner's sale of a parcel of"Land" subject to this Easement, including without limitation Boriskie's sale of the "Development Land," such Owner shall be released from all unaccrued liabilities and other obligations arising under this Agreement with respect to such Land from and after the effective date of such sale and the new Owner shall be responsible for such liabilities and other obligations during the period of its ownership. Subject to the other provisions hereof, this Easement shall bind and inure to the benefit of the parties hereto, their respective heirs, representatives, lessees, successors and assigns. The singular number includes the plural and the masculine gender includes the feminine and neuter. 6.7 No Merger. It is expressly understood and agreed that the parties hereto do not intend that there be, and there shall in no event be, a merger of the dominant and servient tenements in the Property by virtue of the present or future ownership of any portion of said tenements being vested in the same person(s) or entity, but instead intend that the easement academy.daw\college atuioa\120600drtinago.3.wpd 4 0 ceJU .13:-a.J HI.HUtil i 2bI bob 50r'1 r.uo I J servitudes shall not be extinguished thereby and that said dominant and servient tenements be kept separate. 6.8 survey of the Drainage Easements. Any Owner may, at its own expense and upon ten (10) days' prior written notice to the other Owners, have all or any part of the Drainage Easement surveyed, the metes and bounds description of which shall be substituted for the applicable portion of ExhibitE hereto. The Owners shall execute and record any instrument reasonably necessary to so replace the description of the Drainage Easement. 6.9 Counterparts: Multiple Originals. This Easement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 6.10 licadings. The headings herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of intent of this document nor in any way affect the terms and provisions hereof. EXECUTED as of the date first set forth above. LYDIA BQRLSKIE PARTNERSHIP BY: 1(//r _.,„..c-Xlz.......... V iia Hermann, Managing Partner BURTON RAY HERMANN ET UX 4"-O-in, 15'4....v1,---a-r-,--1 Burton Ray Hermann 7.7..........„,,L.44......_...„...,> V Vir! Hermann lcIdemy.diw\college smeion\120600drainege.3.wpd 5 STATE OF TEXAS § § COUNTY OF BRAZOS § This instrument was acknowledged before me on this the 4day o 2001, by Virginia Hermann, the Managing Partner of the Lydia Boriskie Partnership, a T s general partnership, on behalf of said partnership.. ,.,":, SUZANNE KRUPA moi► No1ary Pubic.Stele of Texas ,, .i • � s pTEMBI R 4 2,002 Notary ' t;ic, State of Texas STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on this theC73691day ofd- 24-{cc 2001, by Burton Ray Hermann. 4�,/ Q SUZANNE - , �i . NE KRUPA (ary4blic,V i►+ycon ESift ' State of Tex. , SEPTEMBER ' 4,2002 STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on this the day 2001, by Virginia Hermann. 417.1 , stem, �� Noluyp,, fvt KRUPA `-►site a Tams gra °�0 SEPT otary ' tic, State of Texas MsER 4,002 scademy.daw\college sation1120600Jrainage.3.wpd 6 V EXHIBIT A P • I I I• ;:e • ..• ti§ t• u acederny.daw\college station1120600drainage.3.wpd A-1 -- X71 1334- 200 : / ACADEMY 2.81 b4b 5071 r.UJ . ,, ...... 2 . ii 82 H Efil 4 A E a. 9 g 4q q 1 P < 0 w -44 \\ ril. )L6r4i lilt D, u_ Wilrip.\ ( - 110 . . 4114 A • IPP* .1 f• V 0.• .... ‘ 4 .... it\- .... V ? , V- ......v-4 .t•0- aA P Exhibit E • EXHIBIT B Legal Description of // the Develgpment Land Metes and bounds description of all that certain 11.50 acre tract or pared of land,lying and being situated in the Morgan Rector League,Abstract No.46,College Station,Brazos County,Texas,and being a portion out of that same called 1340 acre tract,found by current on-the-ground survey to contain 13A7 acres,convej'ed from Michael W.Tbftgen,Executor,et at to the Lydia Bedside Partnership,as described by deed recorded in Volume 3639, Page 64 of the Official Records of Brazos County,Texas,said 11.50 acre tract being more particularly described as follows: BEGINNING at a point In the channel of Wolf Pen Creek,being the north corner of that tame called 1427 acre tract,found by current on-the-ground survey to contain 14.23 acres,conveyed to Davis McGill,Trustee,as described by deed recorded in Volume 597,Page 226,of said OUIdal Records. A 10"iron rod found for reference monument in the northeast right-of-way line of Earl Rudder Freeway bears S 31°58'50"E-48.16 feet; THENCE N 31.59'48"W-397.64 feet with said right-of-way line to a 1/2"iron rod found marking the south corner of Lot 2, Horse Haven Estates,as depicted by plat recorded in Volume 3158,Page 335 of said Official Records; THENCE N 57°59'12"E-7.17 feet with the southeast line of said Lot 2 to a 1/2"Iron rod set for beginning of a non-tangent curve to the right; THENCE in a northeasterly direction 194.91 feet along the arc of said curve(Curve data: central angle-17°35'13",radius 635.00 feet,tangent-98.23 feet,the chord bears N 66°43'40"E-194.15 feet)to a 1/2"iron rod found for end of said curve; THENCE N 75'28'10"E-111.46 feet with said line to a 1/2"iron rod set for the beginning of a curve to the left; THENCE In a northeasterly direction 332.71 feet along the arc of said curve(Curve data: central angle a 33°44'24",radius 565.00 feet,tangent a 17134 feet,the chord bears N 58'36'00"E-327.93 feet)to a 1/2"iron rod set for end of said curve; THENCE N 41`43'48"E•96.28 feet with said line to a 1/2"iron rod found for corner; THENCE S 15'46'37"E-70.83 feet across said called 13.50 acre tract to s 1/2"iron rod found for corner; THENCE N 68'45'46"E-154.29 feet across said tract to a 1/2"iron rod found for corner; THENCE S 26'42'33"E-636.28 feet across said tract to a point for corner In the centerline of Wolf pen Creek; THENCE with the centerline meanders of Wolf Pen Creek for the following calls: S 75'52'46"W-24.02 feet; N 77'54'39"W-20.02 feet; S 07°48'52"W-92.56 feet; S 67°42'42"E-8358 feet; S la'10'22"E-4450 fat; S 59'16'08"W-119.19 feet; N 84'56'53"W-82.97 feet-, N 63'44'35"W-10738 feet; S 55'22'25"W-69.88 feet•, B-1 721 13 34 ACADEMY 281 646 5071 P.11 N 87°OI'50" W-3432 feet; N 07°36'09"W-94.90 feet; • THENCE N 780 00'27"W-97.39 feet with said creek centerline to a point for angle point; THENCE S 86°43'46"W-455.96 feet with the line of the old channel to the Place of Reginaing and containing 1150 acres of land. B-2 7 ---, / r, EXHIBIT C / • i rmsoa) ksraiml0_of the Boxisltie Y.and academy.daw\collage=ion\120600drainago.3.wpx1 C-1 *- 2L�t�1 13:35 RCRDEMY 281 646 5671 r.l_, EXHIBIT D / Legal Description of the Hermann Land aeademy.dawlcollegc enlion1120600drainage.3.wpd D-1 _,;, JR I wh 5071. 281 646 50?1 P.14 • EXHIBIT E ' to - 1 1 0,1a t n �r thin 1 d • acIdem .dAwlcollege sttttlon1120600dninegc.3.wpd E-1 aresaa --.•_ --..JL HL-1-11.):-.2,4H U1 b4b 5UY1 "r, _ : .\ / . • • Mi i‘l\I . \ .411 : ; ; ; : ; x•91: IiM I- .,..v., .v v. . 7,\\--' \N\ V 00 t . I it ..... ::..... li ‘410 l ' <o ,► Exhibit A 7"` ;2-2001 13:35 ACADEMY 281 646 5071 P.16 EXHIBIT F Description of Drainage Plans Drawings prepared by Terra Associates, Inc. consisting of the following sheets: Sheet Cl Existing Conditions Sheet C2 Construction Notes Sheet C3 Site Grading Plan Sheet C4 Site Utility Plan Sheet CS Site Drainage Plan Sheet C6 Utility Details Sheet C7 Erosion Control Plan Sheet C8 Erosion Control Details TOTAL P.16 (fr#1°11111111111111111111 CITY OF COLLEGE STATION Planning&Development Services 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone 979.764.3570 / Fax 979.764.3496 MEMORANDUM TO: FROM: Bridgette George, Development Coordinator SUBJECT: HORSE HAVEN PH 3 (FP) - Final Plat Staff reviewed the above-mentioned final plat as requested. The following page is a list of staff review comments detailing items that need to be addressed. If all comments have been addressed and the following information submitted by Monday, , 10:00 a.m., your project will be placed on the next available Planning and Zoning Commission meeting scheduled for, , 7:00 p.m. in the City Hall Council Chambers, 1101 Texas Avenue. Two (2) copies of the revised final plat; Parkland Dedication in the amount of $ must be submitted prior to the filing of the final plat; One (1) Mylar original of the revised final plat; and One (1) copy of the digital file of the final plat on diskette or e-mail to nmanhart@cstx.gov Upon receipt of the required documents for the Planning & Zoning meeting, your project will be considered formally filed with the City of College Station. Please note that if all comments have not been addressed your project will not be scheduled for a Planning & Zoning Commission meeting. Your project may be placed on a future agenda once all the revisions have been made and the appropriate fees paid. If you have any questions or need additional information, please call or myself at 979.764.3570. Attachments: Staff review comments Home of Texas A&M University cc: Case file #04-00500283 NOTE: Any changes made to the plans,that have not been requested by the City of College Station, must be explained in your next transmittal letter and"bubbled"on your plans.Any additional changes on these plans that have not been pointed out to the City,will constitute a completely new review. 2 of 5 .. 1,,, (fP Ai-e.,I_ ,) ,.., V). Q�( / 0 STAFF REVIEW COMMENTS NO. 1 (14 W p 1 Project: HORSE HAVEN PH 3 (FP) - 04-00500283 17 ENGINEERING 4 j 1. The Tax Certificate reflects ownership under Burt & Virginia Hermann. Please revise application to reflect current ownership. \2. Our records show that you have paid the Development Permit fee; however, the �+r' proper certifications must be signed. The plat application must also be signed. 4.4he access easements provided on the plan should be Public Access Easements. U' 'There was a concern about the potential fencing of these easements, as shown. ,ve�Sk You may also wish to consider designating this space as "Common Area" and J x relocating lot lines (again, ensuring that they are accessible to the public). V - . liner • pr•vi•e • • •os-d street grade roughout. 5. • Reminder to provide proposed final grade on all utilities. 6. Reminder to Sta. all fittings and services. ----- ..--) 7. Reminder to label and show sidewalks to be 6ft wide. 8. Reminder to provide differentiating line types, label top of ground, and show 0 •roposed grade (specifically on C8, C9, C10). 9. eet C5, depict flood plain on plans, the site grading plan show the grade to slope away from the development. 10.Sheet C8, need construction plans for Horse Haven Ln/Appomattox Dr intersection. 11.Sheet C8, continue sidewalk on south side of Horse Haven Ln to the Appomattox Dr intersection, as well as west of intersection on the north side of Horse Haven Ln. 12.Sheet C8, provide additional detail depicting clearance between water line and storm inlets (1-3) and at storm inlet (1-4) provide easement for utility such that there is a minimum of 5ft. from the utility to the edge of the easement or ROW (same issue on Sheet 010 with fire hydrant at Sta. 5+70.00). 13.Sheet C8, clarify the extension of the existing water line to where it is proposed. 14.Sheet C8, cleanout at Sta. 18+50.00 is labeled as manhole on profile. 15.Sheet C9, provide surface access to storm junction box (J-1) and (J-2). 16.Sheet C9, provide breakout of lateral storm drain connection between storm inlet (I- 4) and junction box (J-2). 17. Sheet 010, at Sta. 1+50.00, at least 4ft. of cover required between grade and water line. 18. Sheet 010, profile shows sewer line to have slope of .44%, when .80% is required. 19.Sheet 010, provide double bend in water line where bends are out of pavement at Sta. 3+50.00. 20.Sheet 010, appears to be a flow line bust from manhole at Sta. 3+74.00 on 010 to the manhole at Sta. 0+00.00 on C16. 21.Sheet 010, manholes not numbered. 22.Sheet 010, show detail of street bore across Horse Haven Lane and provide encasement detail (Encasement of 6in. sewer line: 14in. casing with minimum of 3/8in. steel conforming to ASTM Spec.134 mild carbon steel A139 grade A or NOTE: Any changes made to the plans,that have not been requested by the City of College Station, must be explained in your next transmittal letter and"bubbled"on your plans.Any additional changes on these plans that have not been pointed out to the City,will constitute a completely new review. Page 3 of 5 AWWAC200-91 grade B butt welded joint with entire circumference welded by a certified welder). 23.Sheet C12, show design grade of water and sewer lines prior to Sta. 10+00.00. 24. Sheet C12, label bend in water line around Sta. 13+00.00. 25. Sheet C12, manhole at Sta. 13+80.68 not labeled and manhole at Sta. 12+25.00 is not depicted on profile view. 26.Sheet C12, show bend in water line on profile at Sta. 13+15.00. 27. Sheet C13, align soffits on storm line. 28.Sheet C14, turnaround needs to be asphalt with detail provided, and temporary easement must also be provided. 29. Sheet C16, provide contours for area between Sta. 1+00.00 and 6+29.43. 30.Sheet C16, provide drainage and sewer easement extending to Sta. 6+29.43.. 31.Sheet C16, show detail of storm drainage from Sta. 1+00.00 and 6+29.43 32.Sheet 16, provide standard manhole tie in detail and notes that it is to be used on existing junction box tie in at Sta. 6+29.43. 33.Sheet C19, "Driveway Handicapped Ramp" are located at street crossings, not "Driveway" crossings. Reviewed by: ST, CC, AG, JN Date: December 29, 2004 ELECTRICAL 1. Developer installs conduit per city specs and design. 2. Developer provides 30' of rigid conduit for riser poles. Developer installs first 10' City installs remainder. 3. Developer installs pull boxes , secondary pedestal and transformer pads per city specs and design.(pull boxes, secondary pedestal and transformer pads provided by the city). 4. Developer provides easements for electric infrastructure as installed for electric lines (including street lights). 5. College Station Utilities will provide an electric design plan to the developer for the installation of conduit and for necessary easement to be added to final plat. 6. To obtain a copy of the design plan and discuss any of the above electrical comments, please contact Tony Michalsky at 979-764-3438. Reviewed by: Tony Michalsky Date: 12-17-04 NOTE: Any changes made to the plans, that have not been requested by the City of College Station, must be explained in your next transmittal letter and"bubbled"on your plans.Any additional changes on these plans that have not been pointed out to the City,will constitute a completely new review. 4 of 5 CITY OF COLLEGE STATION Planning&Development Services 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone 979.764.3570 / Fax 979.764.3496 MEMORANDUM TO: FROM: Bridgette George, Development Coordinator SUBJECT: HORSE HAVEN ESTATES PH 2 (FP) - Final Plat Staff reviewed the above-mentioned final plat as requested. The following page is a list of staff review comments detailing items that need to be addressed. Please address the comments and submit the following information by Monday, , 10:00 a.m. to be placed on the next available Planning and Zoning Commission meeting scheduled for , 7:00 p.m. in the City Hall Council Chambers, 1101 Texas Avenue. Two (2) copies of the revised final plat; and, One (1) Mylar original with the appropriate signatures. If you have any questions or need additional information, please call me at 979.764.3570. Attachments: Staff review comments cc: Case file #04-00500270 Home of Texas A&M University STAFF REVIEW COMMENTS NO. 2 Project: HORSE HAVEN ESTATES PH 2 (FP) - 04-00500270 (WV' 1 ENGINEERING 6"/ 1. Repeat Comment: The Tax Certificate reflects ownership under Burt & Virginia Hermann. Please revise application to reflect current ownership. 2. Repeat Comment: Our records show that you have paid the Development Permit fee; however, the proper certifications must be signed. The plat application must also be signed. 3. Repeat Comment: Continue sidewalk on south side of Horse Haven Ln to the Appomattox Dr intersection, as well as west of intersection on the north side of Horse Haven Ln. 4. Repeat Comment: This submittal deals with Phase 2. The drawings show much more than Phase 2. Either submit as 2 separate sets or clearly indicate what infrastructure is to be built for phase 2 as well as temporary construction before Phase 3 is commenced. 5. Repeat Comment: You must provide construction drawings for Appomattox with this plat submittal. (If you do not wish to build it at this time you must provide a construction cost estimate and provide a bond for the construction cosh -iv 6. Repeat Comment: Please see VI.B.5 of the Drainage Design Manual in regard to °" 1"I"7 pipes 24-inches and less are required to be designed with 25% less cross sectional area. This corresponds to a 133% increase in design flow. 7. Repeat Comment: Again, show all existing easements that affect this property and utilities on construction plans. 8. Repeat Comment: Where does sewer system connect to existing system? 9. Repeat Comment: Water report shows velocities in excess of 12-ft per second. Please explain because this is in violation of the requirements. 10.Repeat Comment: Show entire ROW line on plans for temporary cul-de-sac easement on Horse Shoe Drive. 11.Repeat Comment: Please note, no demolition of any infrastructure approved with Phase 2. 12.Repeat Comment: Please ensure all construction notes refer to and conform to the BCSUDG. 13.Reminder to provide complete set of plans, C6 and C7 missing. 14.Reminder to provide proposed street grade throughout. 15.Reminder to provide proposed final grade on all utilities. 16.Reminder to Sta. all fittings and services. 17.Reminder to label and show sidewalks to be 6ft wide. 18.Reminder to provide differentiating line types, label top of ground, and show proposed grade (specifically on C8, C9, C10). 19.Sheet C5, depict flood plain on plans, due to the site grading plans showing the grade to slope away from the development. 20.Sheet C8, provide additional detail depicting clearance between water line and storm inlets (1-3) and at storm inlet (1-4) provide easement for utility such that there NOTE: Any changes made to the plans, that have not been requested by the City of College Station, must be explained in your next transmittal letter and"bubbled"on your plans.Any additional changes on these plans that have not been pointed out to the City, will constitute a completely new review. 2 of 3 i is a minimum of 5ft. from the utility to the edge of the easement or ROW (same issue on Sheet C10 with fire hydrant at Sta. 5+70.00). 21.Sheet C8, clarify the extension of the existing water line to where it is proposed. 22.Sheet C8, cleanout at Sta. 18+50.00 is labeled as manhole on profile. 23.Sheet C9, provide surface access to storm junction box (J-1) and (J-2). 24.Sheet C9, provide breakout of lateral storm drain connection between storm inlet (I- 4) and junction box (J-2). 25. Sheet C10, at Sta. 1+50.00, at least 4ft. of cover required between grade and water line. 26. Sheet C10, profile shows sewer line to have slope of .44%, when .80% is required. 27.Sheet C10, provide double bend in water line where bends are out of pavement at Sta. 3+50.00. 28.Sheet C10, appears to be a flow line bust from manhole at Sta. 3+74.00 on C10 to the manhole at Sta. 0+00.00 on C16. 29.Sheet C10, manholes not numbered. 30.Sheet C10, show detail of street bore across Horse Haven Lane and provide encasement detail (Encasement pipe shall conform to ASTM Specification A134, Mild Carbon Steel, A139, Grade A, or AWWA C200-91 Grade B, butt-welded joints with entire circumference welded by a certified welder shall be in accordance with AWWA C200-86 Section 3, also the encasement shall extend 2ft. past the edges of pavement). 31.Sheet C12, show design grade of water and sewer lines prior to Sta. 10+00.00. 32.Sheet C12, label bend in water line around Sta. 13+00.00. 33.Sheet C12, manhole at Sta. 13+80.68 not labeled and manhole at Sta. 12+25.00 is not depicted on profile view. 34.Sheet C12, show bend in water line on profile at Sta. 13+15.00. 35.Sheet C13, align soffits on storm line. 36.Sheet C14, turnaround needs to be asphalt with detail provided, and temporary easement must also be provided. 37.Sheet C16, provide contours for area between Sta. 1+00.00 and 6+29.43. 38.Sheet C16, provide drainage and sewer easement extending to Sta. 6+29.43.. 39.Sheet C16, show detail of storm drainage from Sta. 1+00.00 and 6+29.43 40.Sheet 16, provide standard manhole tie in detail and notes that it is to be used on existing junction box tie in at Sta. 6+29.43. 41.Sheet C19, "Driveway Handicapped Ramp" are located at street crossings, not "Driveway" crossings. Reviewed by: Josh Norton Date: December 30, 2004 NOTE: Any changes made to the plans, that have not been requested by the City of College Station, must be explained in your next transmittal letter and"bubbled"on your plans.Any additional changes on these plans that have not been pointed out to the City, will constitute a completely new review. 3 of 3 CITY OF COLLEGE STATION Planning e-Development Services 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone 979.764.3570 / Fax 979.764.3496 MEMORANDUM TO: FROM: Bridgette George, Development Coordinator SUBJECT: HORSE HAVEN ESTATES PH 2 (FP) - Final Plat Staff reviewed the above-mentioned final plat as requested. The following page is a list of staff review comments detailing items that need to be addressed. Please address the comments and submit the following information by Monday, , 10:00 a.m. to be placed on the next available Planning and Zoning Commission meeting scheduled for , 7:00 p.m. in the City Hall Council Chambers, 1101 Texas Avenue. Two (2) copies of the revised final plat; and, One (1) Mylar original with the appropriate signatures. If you have any questions or need additional information, please call me at 979.764.3570. Attachments: Staff review comments cc: Case file #04-00500270 Home of Texas A&M University STAFF REVIEW COMMENTS NO. 2 Project: HORSE HAVEN ESTATES PH 2 (FP) - 04-00500270 \..)-) ENGINEERING Comments 18 thru 41 specifically apply to Phase 2 & 3 Construction Plans 1. Repeat Comment: The Tax Certificate reflects ownership under Burt & Virginia Hermann. Please revise application to reflect current ownership. 2. Repeat Comment: Our records show that you have paid the Development Permit fee; however, the proper certifications must be signed. The plat application must also be signed. 3. Repeat Comment: Continue sidewalk on south side of Horse Haven Ln to the Appomattox Dr intersection, as well as west of intersection on the north side of orse Haven Ln. Repeat Comment: This submittal deals with Phase 2. The drawings show much more than Phase 2. Either submit as 2 separate sets or clearly indicate what infrastructure is to be built for phase 2 as well as temporary construction before Phase 3 is commenced. 5. Repeat Comment: You must provide construction drawings for the portion of Appomattox existing on the property with this plat submittal. If you do not wish to build it at this time you must provide a construction cost estimate and provide a bond for the construction cost. 6. Repeat Comment: Please see VI.B.5 of the Drainage Design Manual in regard to pipes 24-inches and less are required to be designed with 25% less cross sectional area. This corresponds to a 133% increase in design flow. .„„y____ . Repeat Comment: gain, show all existing easements that affect this property and utilities on construction plans. B—Repea ,.uiv-'•.-w. e-- -= = - - - -- - --- - - - - - 9. Repeat Comment: Water report shows velocities in excess of 12-ft per second. Please explain because this is in violation of the requirements. 10.Repeat Comment: Show entire ROW line on plans for temporary cul-de-sac easement on Horse Shoe Drive. 11.Repeat Comment: Please note, no demolition of any infrastructure approved with Phase 2. 12.Repeat Comment: Please ensure all construction notes refer to and conform to the BCSUDG. 13.Reminder to provide complete set of plans, C6 and C7 missing. 14.Reminder to provide proposed street grade throughout. 15.Reminder to provide proposed final grade on all utilities PR 16.Reminder to Sta. all fittings and services. 17.Reminder to label and show sidewalks to be 6ft wide. 18.Reminder to provide differentiating line types, label top of ground, and show proposed grade (specifically on C8, C9, C10). 19.Sheet C5, depict flood plain on plans, due to the site grading plans showing the grade to slope away from the development. NOTE: Any changes made to the plans, that have not been requested by the City of College Station, must be explained in your next transmittal letter and"bubbled"on your plans.Any additional changes on these plans that have not been pointed out to the City, will constitute a completely new review. 2 of 3 20.Sheet C8, provide additional detail depicting clearance between water line and storm inlets (1-3) and at storm inlet (1-4) provide easement for utility such that there is a minimum of 5ft. from the utility to the edge of the easement or ROW (same issue on Sheet C10 with fire hydrant at Sta. 5+70.00). 21.Sheet C8, clarify the extension of the existing water line to where it is proposed. 22.Sheet C8, cleanout at Sta. 18+50.00 is labeled as manhole on profile. 23.Sheet C9, provide surface access to storm junction box (J-1) and (J-2). 24.Sheet C9, provide breakout of lateral storm drain connection between storm inlet (I- 4) and junction box (J-2). 25. Sheet C10, at Sta. 1+50.00, at least 4ft. of cover required between grade and water line. 26. •-- _ e, • • • - •, Wit . • - • . ' ••- • - ' . _ _ •4 - -• , 27.Sheet C10, provide double •end5in water line mere-bends are out of pavement at Sta. 3+50.00. `-'+b ( -640-G-- 11' ' umaii rL 28.S a flow line bust from m. • • • _ - - . .•• • - .• • -the manhole at St^ 0+00 nn onp..71.6--- 29.Sheet C10, manholes not numbered. 30.Sheet C10, show detail of street bore across Horse Haven Lane and provide encasement detail (Encasement pipe shall conform to ASTM Specification A134, Mild Carbon Steel, A139, Grade A, or AWWA C200-91 Grade B, butt-welded joints with entire circumference welded by a certified welder shall be in accordance with AWWA C200-86 Section 3, also the encasement shall extend 2ft. past the edges of pavement). Sl 31.Sheet C12, show designer-of water and sewer lines prior to Sta. 10+00.00. 1;,( 32.Sheet C12, label bend in water line around Sta. 13+00.00. 33.Sheet C12, manhole at Sta. 13+80.68 not labeled and manhole at Sta. 12+25.00 is not depicted on profile view. 34.Sheet C12, show bend in water line on profile at Sta. 13+15.00. 3 -- - , _ .. - : -- • . 36.Sheet C14, turnaround needs to be asphalt with detail provided, and temporary easement must also be provided. 37.Sheet C16, provide contours for area between Sta. 1+00.00 and 6+29.43. 38.Sheet C16, provide drainage and sewer easement extending to Sta. 6+29.43.. 39.Sheet C16, show detail of storm drainage from Sta. 1+00.00 and 6+29.43 40.Sheet 16, provide standard manhole tie in detail and notes that it is to be used on existing junction box tie in at Sta. 6+29.43. 4aiSheet C19, "Driveway Handicapped Ramp" are located at street crossings, not "Driveway" crossings. Reviewed by: Josh Norton �, °i Date: December 30, 2004 °A-C=c1A--' -k--1 4(U0 4 4- 11v� .h,( lo" ti*(f2, -19 EZ, c'r1l t -col,. sin L" NOTE: Any changes made to the plan , not been requested by the City of College Station, must be explained in your next transmittal letter and`bubbled"on your plans.Any additional changes on these plans that have not been pointed out to the City, will constitute a completely new review. 3 of 3 1F( (-°"/ 411 STAFF REVIEW COMMENTS NO. 2 Project: HORSE HAVEN ESTATES PH 2 (FP) - 04-00500270 ENGINEERING 1. Repeat Comment: The Tax Certificate reflects ownership under Burt & Virginia Hermann. Please revise application to reflect current ownership. 2. Repeat Comment: Our records show that you have paid the Development Permit fee; however, the proper certifications must be signed. The plat application must also be signed. - _ - - • - • 4. Repeat Comment: This submittal deals with Phase 2. The drawings show much more than Phase 2. Remove lot lines, infrastructure and other information from construction drawings that do not relate directly to Phase 2. 5. ' _ -- _ •.. ._- - • : . . - - • - -- - • TV . • OH. - : : - ; • - e ' - • - •• •ii- • .. . • •• - -- _ -. . : . - _ •• : or eco • - - • _ • _ . 6. Repeat Comment: Please see VI.B.5 of the Drainage Design Manual in regard to pipes 24-inches and less are required to be designed with 25% less cross sectional area. This corresponds to a 133% increase in design flow. 7. Repeat Comment: Again, show all existing easements that affect this property and utilities on construction plans. 8. Repeat Comment: Where does sewer system connect to existing system? 9. Repeat Comment: Water report shows velocities in excess of 12-ft per second. Please explain because this is in violation of the requirements. e,. v- s��, ,�-- �J Z syx. or CL17 , L Sit /4.-tt 1 4,1 tall bjeCt./t. //tau 3 es CSM'c.. 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Td Wc162:E0 SOOE EO 'daS 217Et7-269-6L6: 'ON XUd dred0 IN3Wd013(13G iudioiNnw: WOdd 1,4 • .A21 �v °YY ..—,. -P.,.%YYYp�YOYNIr wws rmYN IMOD YLLW1 91'AYma r,w Yr-. 9l.)g7 11010741 YY'A�711 ,� L a{v a`wawa7t ub+�t ar l s `:xn n xr� 'S31r1S3 b 35aON mo+ 7'1�17tYn Olt!/.J'9J9�q� 4iii„t Airco m no ma SlOI dD Iliii? .,nc(c wI.Ato �� 'Wait g =-tii.TMt l(WO v "'°°°°'"N'wew'-eYa aYc°.m PW+u vvv 1p :II LL -"...e k,ft, < ! .7. . ./fate #414N1 C) 2 V , if 44. W IPA,' 4 ,. ' 11'11 D li •--_ l6 T 5 FPZO.7-- Ff 4. O 5AA 3TV➢�N L)0 - g { Cp n.noin arw NW)eonwa �ti s, -_. : i /�r,�Clp'Ip/. m if i 1; i \ Z i t:'Fit/- 4 ,.. :11 . Y a I i II G - r s e 3 :0 "; D f c lifI' m I , aha fY y if i .2 a 054g 7 a} b•31 i' I 4 /111 f7 III{ f=y 7 'Y` _y I Q aU. w Ai.et.°5 4 ,� = iia """ Vit; i � 1111 � fie �� .� if f:14., p 1— - 7 ' ! lir =Js! 1 l � . !a I i i+ t _ ,4.7.--..".---,-=•;ice >Ytz `a <t� Ig g 4 1 zrac a !1 I .. \ ,\ i -i. Vis. lite; 'a tel .. i , %Sr //::1_ Y 11,1,.„ in— i mei 0 g li i �• �. 11, ` n I_ I i 1 i �. rj' I .l :111g i• 1!! M Ed Wd62.Z0 S00Z Z0 dag ;���� N N r:: �t V-269-6L6: •ON XUd dilOdf 1N2Wd019( a 1dd I O I NfIW: WOZId (*#"1" CITY OF COLLEGE STATION Planning&Development Services 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone (979) 764-3570 / Fax (979) 764-3496 MEMORANDUM December 20, 2004 TO: Greg Taggart, Municipal Development Group, Via fax 693.4243 FROM: Jennifer Prochazka, Staff Planner SUBJECT: HORSE HAVEN ESTATES PH.2 & 3 (PP) - Preliminary Plat Staff reviewed the above-mentioned preliminary plat as requested. The following page is a list of staff review comments detailing items that need to be addressed. One (1) copy of the revised preliminary plat; and, One (1) Mylar original of the revised preliminary plat. If you have any questions or need additional information, please call me at 979.764.3570. Attachments: Staff review comments cc: Alton Ofczarzak, Via fax 690.2504 Burt & Virginia Hermann Case file #04-00500234 NOTE: Any changes made to the plans, that have not been requested by the City of College Station, must be explained in your next transmittal letter and "bubbled" on your plans. Any additional changes on these plans that have not been pointed out to the City, will constitute a completely new review. 1 of 3 STAFF REVIEW COMMENTS NO. 4 -/e/f. Project: HORSE HAVEN ESTATES PH.2 & 3 (PP) - 04-00500234 ENGINEERING The Following remarks refer to the Construction Plans for Phase 2 & 3 1. Repeat Comment: Lot 13, Block 3, Phase 3 is required to have a minimum buildable area due to its irregular shape. As shown, the buildable area of is less than the minimum required when the 15' drainage easement is provided for the proposed storm sewer. The storm sewer would need to be rerouted in order to make this lot buildable. (JP) 2. Repeat Comment: The access easements provided on the plan should be Public Access Easements. There was a concern about the potential fencing of these easements, as shown. You may also wish to consider designating this space as "Common Area" and relocating lot lines (again, ensuring that they are accessible to th ublic). (JP) . heet C5, why does the site grading plan show the grade to slope away from the property on the northeast a d s uthea t sides of the property. (ST/CC/JN for following) 'n1c -.' t,,,, 04,--, ''° eet C5, show pro•osed final grade on all utilities. - eet C8, need construction p ans or -o - -aven Ln/Appomattox Dr intersection. 4, St1eet C8, continue sidewalk on south sidc of Horse Haven Ln to the Appomattox Dr intersection. 6.414 . 6fr;,"- s-,, C. Sheet C8, profile shows existing rade to be level with manhole 4 and proposed grade to be below manhole 4. -1)s,,:tz (.,,cc- L -7 ,,r,.._ „X tc.r, ( (Yr e,e Sheet C9 n o3 junctioc (J-1) and (J-2) to be below grade. ., r , , , ��, 1,146. Sheet C10, is fire by rant (FH3) located in the easement or ROW. G /0A-1-. Sheet C10, profile shows Sta. 1+50.00 there is not enough cover between grade and water line. ` { Sheet C10, profile shows sewer((ine to ave lope of .44%, when .80% is requ'.ed. _ _ t11.14. Sheet 010, plan view shows water line to have bend in middle of street, pess le-to 4. -- : . - , , . . o ,'-''�r w - cL,'L 6.- L^a''�`— yeAd c,„,‹ �.�; ...1. Sheet C12, show design grade of water and sewer lines prior to Sta. 10+00.00. uzw-- - -'46. Sheet C12, label bend in water line around Sta. 13+00.00. /f1-7.' Sheet C12, reminder to Sta. all fittings and services. It M. Sheet C13, align soffits on storm line. r ,18'.Sheet C14, on Horse Shoe Drive, show detail on "Gravel Base Tempor Turn Around". L / NOTE: Any changes made to the plans, that have not been requested by the City of College Station, must be explained in your next transmittal letter and "bubbled" on your plans. Any additional changes on these plans that have not been pointed out to the City, will constitute a completely new review. ("".../".t.- 5' 2 of 3 20. Sheet C16, provide TOefor area outside of Phase 3. which the sewer line crosses. 21.Sheet C16, is there a drainage or sewer easement all the way to the creek. 22.Sheet C16, show detail of storm line from easement to creek. 23. Sheet C19, "Driveway Handicapped Ramp" are located at street crossings, not "Driveway" crossings. Reviewed by: Jennifer Prochazka & (ST/CC/JN) Date: December 20, 2004 MN 11 41 3 el 2?) t N� cci (-71 i- -- 1tc,,.,--j— 6 f i r �,v ta,.�, . Zi S G ,,,Ick c < ( 3i cr . "- r ( � 1 .r a =�. � L„r"�it.t'VcJ� ` vv \.� yam/ �v-' c t f Cr-31, C— NOTE: Any changes made to the plans, that have not been requested by the City of College Station, must be explained in your next transmittal letter and "bubbled" on your plans. Any additional changes on these plans that have not been pointed out to the City, will constitute a completely new review. 3 of 3 (r-e' STAFF REVIEW COMMENTS NO. 1 0:Xproject: HORSE HAVEN ESTATES PH 2 (FP) - 04-00500270 PLANNING/ ENGINEERING The comments concerning the construction drawings are preliminary. No attempt to review compliance of the construction plans for compliance has been made at this time. lot until the e-asement iy alganavi'-evcl - -• • ( 93. -- _ • • - _ - - ' he • 1� -- - - ._. . . ; - : • - 9. - _ J S Ittect tnwa d the street. - - Certifi - - - - - ! . •- •• - I. • - - - - - e 6. ! :-- - - = _ ; -- - ••• --; _ • - 7. ,•• ; - : It - 0- - • . .-•• _ • u • • • - - see S e •• 1 • I - • ••' ••• r . • . . • - - _ _ e • • 8. - - • - • • • • es an additional •- • •• - , •- • a- 10rth 'd- • . • - - , -,• . •-- - - - -.. • _ - - • • , .••• •• , •• - _ - •• •• • • - r • - _ • , 11 - • • - inlin- • - __ _ - leo eroa• . VV . ,,. , " _ .. - • - •, • , • _•. A • -. '--I lOrse • • - , - - - - : - - ! - •- - _ e! . - - - - - : _ , • _ a _ , - . a - . _ : ; • • - - -• -• ••• ! • ••u _ • • - 10 •• _ • -_ .' - - - - - - _ _ - - . ••e - . _ - uc ure an. • - •- - _ • what do ncitlate-d;rectly to I�h e - - - - - _ _ = - re 1 - - - • • • .'. - - •e • - _ -- ; • a • _ •••• : : • ,v • i l • I a - - •: ; 4 , _ - •• • • - -: - - _ 1 :- - - _-- . : _ • = i , : - D - •; • . • _ - _ :•.2. _ •• •- _ •• _ _! _• -• • •- • - •• 1-• wit. 0. - - - - -eor-Fecpends_to a 133k iflerease - desig+}flew. _ •1: • - - -••- • _ . 14.Show entire ROW line on plans. NOTE: Any changes made to the plans, that have not been requested by the City of College Station, must be explained in your next transmittal letter and"bubbled"on your plans.Any additional changes on these plans that have not been pointed out to the City,will constitute a completely new review. Page 3 of 4 1 • a Ivi - - . ._ - --r,- , - -- _. . . - • - . .is .- • 1 :. ,' - .T - :: 0 T , - i - - - - - ---- • •- " =- = - ' = - e- -: - - . ii . • is - -51 - (11.6661 4. Please note, no demolition of any infrastructure approved with Phase 2. lease lease ensure all construction notes refer to and conform to the BCSUDG Reviewed by: Spencer Thompson & Jennifer Prochazka Date: 11-29-04 ELECTRIC 1. Developer installs conduit per city specs and design 2. Developer provides 30' of rigid conduit for riser poles. Developer installs first 10'. City installs remainder. 3. Developer installs pull boxes and secondary pedestals as per city specs and design (pull boxes and secondary pedestals provided by the city). 4. We will be providing the developer an electric system design plan for the installation of conduit, transformer pads, pull boxes, and secondary pedestals. 5. Developer installs street lighting per city specs and design. 6. Developer provides easements for electric infrastructure as installed per electric design plan. 7. Easements will need to be dedicated per College Station Utilities design plan. 8. Any temporary re-routing of overhead lines for construction purpose will be at the cost of the developer. 9. To discuss any of the above electrical comments and request the electric design plan, please contact Tony Michalsky at 979.764.3438. Reviewed By: Tony Michalsky Date: November 22, 2004 NOTE: Any changes made to the plans,that have not been requested by the City of College Station, must be explained in your next transmittal letter and"bubbled"on your plans.Any additional changes on these plans that have not been pointed out to the City,will constitute a completely new review. 4 of 4 CITY OF COLLEGE STATION J DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Box 9960 COLLEGE STATION College Station, Texas 77842 Phone 979.764.3570 / Fax 979.764.3496 MEMORANDUM March 28, 2006 TO: Greg Taggart, MDG, via fax 979.693.4243 FROM: Jennifer Prochazka, Senior Planner SUBJECT: HORSE HAVEN PH 2 & 3 (FP) - Final Plats Staff reviewed the above-mentioned final plat as requested. The following page is a list of staff review comments detailing items that need to be addressed. Please address the comments and submit the following information by Tuesday April 4th at 10:00 a.m. in order for the projects to be placed on the April 6th Planning & Zoning Commission meeting. Two (2) 24"x36" copies of the revised final plat; One (1) Mylar original with the appropriate signatures. A digital copy of the plats should be sent to Sven Griffin at sgriffinCa�cstx.gov and Adrian Welsh at awelsh(c�cstx.gov. If you have any questions or need additional information, please call me or Josh Norton at 764-3570. Attachments: Staff review comments cc: Oakwood Custom Homes Group, LTD., via fax 979.690.2504 Case file#04-00500283 Home of Texas A&M University 01,5(22 ch, 2551 Texas Ave. South, Ste.A,College Station, TX 77840 1 CAc �QPw�'S Ofc: 979.693.5359 Fax: 979.693.4243 Email: mdgcstx a4yahoo.com ,114°" itb, 4,-4,, kik)-5' kt,„\96) .,, LETTER OF TRANSMITTAL • TO: W&Ft 1,)02.-/ arztrraf ( P ",_ FROM: � . �l61,/ p e4/ r G i DATE: 4(e,cc9oo(p MDG JOB NUMBER: 00' 0'7%1 ' 7? ATTACHED PLEASE FIND: NO. OF COPIES DESCRIPTION 2 EtUekrver 1-S-c (4tAist.t. CsiWef 1t,. 3 v�s�Q THESE ITMES ARE TRANSMITTED AS CHECKED BELOW: IA'FOR APPROVAL ❑ FOR REVIEW ❑ FOR YOUR USE ❑ AS REQUESTED ❑ OTHER: COMMENTS: SIGNED: ...'h(al-tli -'1 f----- 4i f t,J\,--)' 2551 Texas Ave. South, Ste. A, College Station,TX 77840 ltatdc) ik��``q 'S Ofc: 979.693.5359 Fax: 979.693.4243 Email: mdgcstx(&yahoo.com \c., ' 0 LETTER OF TRANSMITTAL TO: JC)Sit !o✓ I E--tt acs 4- Eel/t,LLe r FROM: 14 JPf-i-k{, r (ov 12`_ I DATE: 4' 1 c( OCo Pau jasi) MDG JOB NUMBER: &D o 7 ( _..- 377S- f4 i SP vett f. 3 ATTACHED PLEASE FIND: NO. OF COPIES DESCRIPTION A tolve p sc (--acxk ikf. 3 THESETHITMES ARE TRANSMITTED AS CHECKED BELOW: if i OR APPROVAL ❑ FOR REVIEW ❑ FOR YOUR USE ❑AS REQUESTED ❑ OTHER: COMMENTS: SIGNED: 1)-01.),121 173-eft..____ Final Plats Infrastruct e Ac 'epted . : onded £ 5 Parkland Dedication Paid id Illit LI.: i �r 1t, 6 I Impact Fees Paid N �� Filed k 0 Tax Certificate -6 r MINUTES Regular Meeting Planning and Zoning Commission Thursday, April 20, 2006 at 7:00 p.m. Council Chambers College Station City Hall 1101 Texas Avenue VC'.it College Station, Texas CII'Y OF COI.t_H,F.STATION My:niug er Development Sertoa COMMISSIONERS PRESENT: Chairman Scott Shafer, Dennis Christiansen, Bill Davis, John Nichols, Ken Reynolds, Marsha Sanford and Harold Strong. COMMISSIONERS ABSENT: None. CITY COUNCIL MEMBERS PRESENT: None. STAFF PRESENT: Staff Planners Lindsay Boyer, Jennifer Reeves and Crissy Hartl, Senior Planners Jennifer Prochazka and Trey Fletcher, Assistant City Engineer Alan Gibbs, Graduate Civil Engineers Carol Cotter and Josh Norton, Transportation Planner Ken Fogle, Director Joey Dunn, Assistant Director Lance Simms, Planning Intern Casey Page, Staff Assistants Jessica Kramer and Lisa Lindgren, Assistant City Attorney Carla Robinson and OTIS Action Center Representative Brian Cooke. 1. Call meeting to order. Chairman Shafer called the meeting to order at 7:04 p.m. 2. Hear Citizens. No one spoke during this item. 3. Consent Agenda. 3.1. Presentation, possible action and discussion on a Final Plat for Horse Haven Phase 2, consisting of 9 lots on 1.97 acres generally located at Earl Rudder Freeway and Horse Haven Lane. Case#04-283 (JP/JN) 3.2. Presentation, possible action and discussion on a Final Plat for Horse Haven Phase 3, consisting of 54 lots on 14.43 acres, generally located at Earl Rudder Freeway and Horse Haven Lane. Case#04-270 (JP/JN) April 20, 2006 P&Z Regular Meeting Minutes Page 1 of 5 3.3 Presentation, possible action, and discussion on a Final Plat for Indian Lakes Phase VIII, consisting of 36 lots on 69.67 acres, generally located southeast of the intersection of Indian Lakes Drive and Chaco Canyon Drive, in the City's extraterritorial jurisdiction. Case #06-500047 (JP/CC) 3.4 Presentation, possible action, and discussion on a Preliminary Plat for Aggieland Business Park consisting of 17 lots on 117.48 acres located at 5942 Raymond Stotzer Pkwy generally located at the northwest corner of FM 60 and Jones Road in the College Station ETJ. Case #06-500048 (TF) Commissioner Davis motioned to approve the consent agenda. Commissioner Christiansen seconded the motion, motion passed (7-0). Regular Agenda 4. Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. No items were removed from the consent agenda. 5. Presentation, possible action, and discussion on a concept/ site plan for previously approved Conditional Use Permit for the Wolf Pen Creek (WPC) Condos in the WPC Design District consisting of 7.61 acres located at 305 Holleman Dr. E., generally located on the north side of Holleman between George Bush Drive East and Dartmouth Drive. Case#06-500001 (TF/CC) Trey Fletcher, Senior Planner, presented the item. Commissioner Nichols motioned to approve the item. Commissioner Christiansen seconded the motion, motion passed (7-0). 6. Public hearing, presentation, possible action, and discussion on a Variance to Section 18 of the Subdivision Regulations (Platting & Replatting Within Older Residential Subdivisions) and public hearing, presentation, possible action, and discussion on a Replat of Lots A & B, Block 2, Prairie View Heights Subdivision, consisting of 3 lots on 0.293 acres, generally located north of and adjacent to Columbus Street. Case#06-500055 (JP/CC) Jennifer Prochazka, Senior Planner, presented the request for the Variance and the Replat. Ms. Prochazka recommended approval of the variance request and recommended approval of the replat if the variance request was approved. She stated that several phone calls had been received regarding the property, but none of the calls were in objection to the replat. Terry Smith, 803 Pace, College Station, Texas. Mr. Smith spoke in favor of the variance and replat. April 20, 2006 P&Z Regular Meeting Minutes Page 2 of 5 Commissioner Sanford motioned to approve the variance request. Commissioner Davis seconded the motion, motion passed (7-0). Commissioner Davis motioned to approve the replat. Commissioner Christiansen seconded the motion, motion passed (7-0). 7. Public hearing, presentation, possible action, and discussion on a Replat of Nantucket Subdivision Phase 2, a Final Plat of Nantucket Subdivision Phase 7, and a Final Plat of South Hampton Subdivision Phase 4, collectively consisting of 21 lots on 15.99 acres, generally located at the southwest corner of State Highway 6 West Frontage Road and Nantucket Drive. Case #06-600057 (JP/CC) Jennifer Prochazka, Senior Planner, presented the replat of Nantucket Subdivision Phase 2, the Final Plat for Nantucket Subdivision Phase 7, and the Final Plat for South Hampton Subdivision Phase 4. Ms. Prochazka recommended approval of the plat as submitted. She stated that the plat was in compliance with the zoning, the preliminary plat, and the Concept Plan, and that the plat was in compliance with the Comprehensive Plan. Miles Orin, 1209 Winddrift Cove, College Station, Texas.; Joe Powell, 1605 Harpers Ferry, College Station, Texas; Glenn Meyers, 1609 Harpers Ferry, College Station, Texas; Pat Kulchen, 1503 Fairhaven Cove, College, College Station, Texas; Paul Bollin, 1207 Winddrift Cove, College Station, Texas; all spoke in opposition of the replat. Some of their concerns were access and roads in and out of the area, wildlife preservation, the size of lots and homes being built, timely notification of the replat, and time constraints in order for residents to review the preliminary plat and replat. Joe Schultz, 3208 Ensbrook, College Station, Texas and Phyllis Hobson, 9304 Chadwick, College Station, Texas, both spoke in favor of the replat. Commissioner Davis motioned to approve the final plat of Phase 7, which would include Lots 1 through 9. Commissioner Strong seconded the motion, motion passed (7-0). Commissioner Davis motioned for approval of the final plat of South Hampton Phase 4, Lots 7-14, which excludes Lots 5 and 6. Commissioner Sanford seconded the motion, motion passed (7-0). Commissioner Davis motioned to deny the replat of Nantucket Subdivision Phase 2 as submitted due to the notification error. Commissioner Sanford seconded the motion, motion passed (6-1). Commissioners Sanford, Nichols, Christiansen, Shafer, Davis and Strong were in favor of the motion. Commissioner Reynolds opposed the motion. April 20, 2006 P&Z Regular Meeting Minutes Page 3 of 5 8. Public hearing, presentation, possible action, and discussion on a Rezoning from A-O Agricultural-Open to C-3 Light Commercial consisting of one lot on 3.67 acres located at the southeast corner of State Highway 40 and Barron Road. Case #06-500053 (TF/JN) Trey Fletcher, Senior Planner, presented the rezoning and recommended approval. Commissioner Nichols motioned to approve the rezoning. Commissioner Christiansen seconded the motion, motion passed (7-0). 9. Public hearing, presentation, possible action and discussion on an amendment to the Comprehensive Land Use Plan for approximately 1.4 acres from Floodplain to Retail Regional for the area generally located southwest of the intersection of future Decatur Drive and future Arrington Road. Case#06-500069 (LB) Lindsay Boyer, Staff Planner, presented the item. Chuck Ellison, 2902 Camille Drive, College Station, Texas and Joe Schulz, 3208 Ensbrook, College Station, Texas spoke in favor of the amendment to the Comprehensive Land Use Plan. Commissioner Nichols motioned to approve the amendment to the Comprehensive Land Use Plan. Commissioner Christiansen seconded the motion, motion passed (7-0). 10. Public hearing, presentation, possible action, and discussion on a rezoning for Spring Creek consisting of 1 lot on 28.01 acres located at 4300 SH 6 S in the general vicinity of the future intersection of Decatur Drive and Arrington Drive, southwest of the existing intersection of Alexandria Avenue and Decatur Drive from R-4, Multi-family, A-O, Agricultural Open, and R-1, Single Family to R-1, Single Family Residential, A-P, Administrative Professional, and C-1, General Commercial. Case #06-500029 (LB/CC) Lindsay Boyer, Staff Planner, presented rezoning and recommended approval. Chuck Ellison, 2902 Camille Drive, College Station, Texas. Mr. Ellison spoke in favor of the rezoning. Commissioner Christiansen motioned to approve the rezoning. Commissioner Davis seconded the motion, motion passed (7-0). April 20, 2006 P&Z Regular Meeting Minutes Page 4 of 5 11. Adjourn. Commissioner Davis motioned to adjourn. Commissioner Nichols seconded the motion, motion passed (7-0). Approved: Scott Shafer, Chairman Planning and Zoning Comm ssion Atest• tf2 . Lisa Lindgren, Staff Assistant Planning and Development Services April 20, 2006 P&Z Regular Meeting Minutes Page 5 of 5 MINUTES Regular Meeting ....,„ Planning and Zoning Commission Thursday, April 20, 2006 at 7:00 p.m. Council Chambers College Station City Hall jr 1101 Texas Avenue 44. College Station, Texas CITY Of COLLEGE.STATION PGarmh g c3"llrr Order►:St retest COMMISSIONERS PRESENT: Chairman Scott Shafer, Dennis Christiansen, Bill Davis, John Nichols, Ken Reynolds, Marsha Sanford and Harold Strong. COMMISSIONERS ABSENT: None. CITY COUNCIL MEMBERS PRESENT: None. STAFF PRESENT: Staff Planners Lindsay Boyer, Jennifer Reeves and Crissy Hartl, Senior Planners Jennifer Prochazka and Trey Fletcher, Assistant City Engineer Alan Gibbs, Graduate Civil Engineers Carol Cotter and Josh Norton, Transportation Planner Ken Fogle, Director Joey Dunn, Assistant Director Lance Simms, Planning Intern Casey Page, Staff Assistants Jessica Kramer and Lisa Lindgren, Assistant City Attorney Carla Robinson and OTIS Action Center Representative Brian Cooke. 1. Call meeting to order. Chairman Shafer called the meeting to order at 7:04 p.m. 2. Hear Citizens. No one spoke during this item. 3. Consent Agenda. 3.1. Presentation, possible action and discussion on a Final Plat for Horse Haven Phase 2, consisting of 9 lots on 1.97 acres generally located at Earl Rudder Freeway and Horse Haven Lane. Case#04-283 (JP/JN) 3.2. Presentation, possible action and discussion on a Final Plat for Horse Haven Phase 3, consisting of 54 lots on 14.43 acres, generally located at Earl Rudder Freeway and Horse Haven Lane. Case #04-270 (JP/JN) April 20, 2006 P&Z Regular Meeting Minutes Page 1 of 5 3.3 Presentation, possible action, and discussion on a Final Plat for Indian Lakes Phase VIII, consisting of 36 lots on 69.67 acres, generally located southeast of the intersection of Indian Lakes Drive and Chaco Canyon Drive, in the City's extraterritorial jurisdiction. Case#06-500047 (JP/CC) 3.4 Presentation, possible action, and discussion on a Preliminary Plat for Aggieland Business Park consisting of 17 lots on 117.48 acres located at 5942 Raymond Stotzer Pkwy generally located at the northwest corner of FM 60 and Jones Road in the College Station ETJ. Case #06-500048 (TF) Commissioner Davis motioned to approve the consent agenda. Commissioner Christiansen seconded the motion, motion passed (7-0). Regular Agenda 4. Consideration, discussion, and possible action on items removed from the Consent Agenda by Commission action. No items were removed from the consent agenda. 5. Presentation, possible action, and discussion on a concept/ site plan for previously approved Conditional Use Permit for the Wolf Pen Creek (WPC) Condos in the WPC Design District consisting of 7.61 acres located at 305 Holleman Dr. E., generally located on the north side of Holleman between George Bush Drive East and Dartmouth Drive. Case#06-500001 (TF/CC) Trey Fletcher, Senior Planner, presented the item. Commissioner Nichols motioned to approve the item. Commissioner Christiansen seconded the motion, motion passed (7-0). 6. Public hearing, presentation, possible action, and discussion on a Variance to Section 18 of the Subdivision Regulations (Platting & Replatting Within Older Residential Subdivisions) and public hearing, presentation, possible action, and discussion on a Replat of Lots A & B, Block 2, Prairie View Heights Subdivision, consisting of 3 lots on 0.293 acres, generally located north of and adjacent to Columbus Street. Case#06-500055 (JP/CC) Jennifer Prochazka, Senior Planner, presented the request for the Variance and the Replat. Ms. Prochazka recommended approval of the variance request and recommended approval of the replat if the variance request was approved. She stated that several phone calls had been received regarding the property, but none of the calls were in objection to the replat. Terry Smith, 803 Pace, College Station, Texas. Mr. Smith spoke in favor of the variance and replat. April 20, 2006 P&Z Regular Meeting Minutes Page 2 of 5 Commissioner Sanford motioned to approve the variance request. Commissioner Davis seconded the motion, motion passed (7-0). Commissioner Davis motioned to approve the replat. Commissioner Christiansen seconded the motion, motion passed (7-0). 7. Public hearing, presentation, possible action, and discussion on a Replat of Nantucket Subdivision Phase 2, a Final Plat of Nantucket Subdivision Phase 7, and a Final Plat of South Hampton Subdivision Phase 4, collectively consisting of 21 lots on 15.99 acres, generally located at the southwest corner of State Highway 6 West Frontage Road and Nantucket Drive. Case#06-600057 (JP/CC) Jennifer Prochazka, Senior Planner, presented the replat of Nantucket Subdivision Phase 2, the Final Plat for Nantucket Subdivision Phase 7, and the Final Plat for South Hampton Subdivision Phase 4. Ms. Prochazka recommended approval of the plat as submitted. She stated that the plat was in compliance with the zoning, the preliminary plat, and the Concept Plan, and that the plat was in compliance with the Comprehensive Plan. Miles Orin, 1209 Winddrift Cove, College Station, Texas.; Joe Powell, 1605 Harpers Ferry, College Station, Texas; Glenn Meyers, 1609 Harpers Ferry, College Station, Texas; Pat Kulchen, 1503 Fairhaven Cove, College, College Station, Texas; Paul Bollin, 1207 Winddrift Cove, College Station, Texas; all spoke in opposition of the replat. Some of their concerns were access and roads in and out of the area, wildlife preservation, the size of lots and homes being built, timely notification of the replat, and time constraints in order for residents to review the preliminary plat and replat. Joe Schultz, 3208 Ensbrook, College Station, Texas and Phyllis Hobson, 9304 Chadwick, College Station, Texas, both spoke in favor of the replat. Commissioner Davis motioned to approve the final plat of Phase 7, which would include Lots 1 through 9. Commissioner Strong seconded the motion, motion passed (7-0). Commissioner Davis motioned for approval of the final plat of South Hampton Phase 4, Lots 7-14, which excludes Lots 5 and 6. Commissioner Sanford seconded the motion, motion passed (7-0). Commissioner Davis motioned to deny the replat of Nantucket Subdivision Phase 2 as submitted due to the notification error. Commissioner Sanford seconded the motion, motion passed (6-1). Commissioners Sanford, Nichols, Christiansen, Shafer, Davis and Strong were in favor of the motion. Commissioner Reynolds opposed the motion. April 20, 2006 P&Z Regular Meeting Minutes Page 3 of 5 8. Public hearing, presentation, possible action, and discussion on a Rezoning from A-O Agricultural-Open to C-3 Light Commercial consisting of one lot on 3.67 acres located at the southeast corner of State Highway 40 and Barron Road. Case #06-500053 (TF/JN) Trey Fletcher, Senior Planner, presented the rezoning and recommended approval. Commissioner Nichols motioned to approve the rezoning. Commissioner Christiansen seconded the motion, motion passed (7-0). 9. Public hearing, presentation, possible action and discussion on an amendment to the Comprehensive Land Use Plan for approximately 1.4 acres from Floodplain to Retail Regional for the area generally located southwest of the intersection of future Decatur Drive and future Arrington Road. Case#06-500069 (LB) Lindsay Boyer, Staff Planner,presented the item. Chuck Ellison, 2902 Camille Drive, College Station, Texas and Joe Schulz, 3208 Ensbrook, College Station, Texas spoke in favor of the amendment to the Comprehensive Land Use Plan. Commissioner Nichols motioned to approve the amendment to the Comprehensive Land Use Plan. Commissioner Christiansen seconded the motion, motion passed (7-0). 10. Public hearing, presentation, possible action, and discussion on a rezoning for Spring Creek consisting of 1 lot on 28.01 acres located at 4300 SH 6 S in the general vicinity of the future intersection of Decatur Drive and Arrington Drive, southwest of the existing intersection of Alexandria Avenue and Decatur Drive from R-4, Multi-family, A-O, Agricultural Open, and R-1, Single Family to R-1, Single Family Residential, A-P, Administrative Professional, and C-1, General Commercial. Case#06-500029 (LB/CC) Lindsay Boyer, Staff Planner, presented rezoning and recommended approval. Chuck Ellison, 2902 Camille Drive, College Station, Texas. Mr. Ellison spoke in favor of the rezoning. Commissioner Christiansen motioned to approve the rezoning. Commissioner Davis seconded the motion, motion passed (7-0). April 20, 2006 P&Z Regular Meeting Minutes Page 4 of 5 11. Adjourn. Commissioner Davis motioned to adjourn. Commissioner Nichols seconded the motion, motion passed (7-0). Approved: Scott Shafer, Chairman Planning and Zoning Comm ssion Attest• u2 cx Lisa Lindgren, Staff Assistant Planning and Development Services April 20, 2006 P&Z Regular Meeting Minutes Page 5 of 5 STAFF REVIEW COMMENTS NO. 1 (RE-SUBMITTAL) Project: HORSE HAVEN PH 2 & 3 (FP)-FINAL PLAT - RESIDENTIAL (04-00500283) PLANNING & ENGINEERING 1. We will need the most recent (paid) tax certificates prior to filing the plats. Horse Haven Preliminary Plat 1. Each phase line or "bolded line" needs to have its own set of calls and distances. 2. Please double check that you can make this plat close by going off the calls and distances from each phase line prior to resubmitting, as not to slow this plat down. 3. Please check the western property line of Phase 3, Block 1, Lot 10, as it is called out to be 55.07-ft here, but 65.08-ft on the Phase 3 Final Plat Horse Haven Phase 2 Final Plat 1. Each phase line or "bolded line" needs to have its own set of calls and distances. 2. This plat does not close. Please double check that you can make this plat close by going off the calls and distances from each phase line prior to resubmitting, as not to slow this plat down. 3. Curves Cl, C2, C4, C5 are used but C3 is not? Horse Haven Phase 3 Final Plat 1. Each phase line or "bolded line" needs to have its own set of calls and distances. 2. Please double check that you can make this plat close by going off the calls and distances from each phase line prior to resubmitting, as not to slow this plat down. 3. Please change the bolded lines to only identify the exterior boundaries of the plat. To be able to meet the April 6th P&Z meeting these corrections must be made and resubmitted by Tuesday, April 4th. Reviewed by: Jennifer Prochazka / Josh Norton Date: March 28, 2006 NOTE: Any changes made to the plans,that have not been requested by the City of College Station, must be explained in your next transmittal letter and "bubbled" on your plans. Any additional changes on these plans that have not been pointed out to the City,will constitute a completely new review. STAFF REVIEW COMMENTS NO. 3 Project: HORSE HAVEN PH 3 (FP) - 04-00500283 ENGINEERING 1. Make a note on the final plat, that there will not be any alteration to the drainage facilities, the flood plain excavation area or the detention/retention facilities, as noted in section 2.3 of the Academy drainage easement. 2. Certification to accompany the drainage report from a licensed engineer stating that the drainage plan for Horse Haven Estates will not cause any alteration to the drainage facilities, the flood plain excavation area or the detention/retention facilities, as noted in section 2.3 of the Academy drainage easement and that Academy's drainage system will continue to function as it was originally designed to function. 3. Provide a private drainage easement for the area between Horse Haven Estates to the pond. 4. Phase 3 construction document comments will follow in the next week, please contact me if you have any questions. Reviewed by: Josh Norton Date: April 8, 2005 (*F CITY OF COLLEGE STATION Planning d'Development Services CITY OF COLLEGE STATION PLANNING & DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone (979)764-3570/ Fax (979)764-3496 TO: GREG TAGGART MDG RE: HORSE HAVEN PHASE 3 FAX: 979-693-4243 FROM: Lisa Lindgren,Staff Assistant DATE: April 14, 2005 RE: Agenda &Staff Report P&Z Meeting, April 19, 2005 Following this coversheet is a copy of the Staff Report that was prepared for the above referenced project. Please keep in mind that staffs responsibility is to provide the Planning & Zoning Commission with all pertinent facts of a development case, but that staff is not acting as an advocate for the applicants. Therefore, it is in the applicant's best interest to send a representative to the Planning & Zoning Commission meeting to speak on behalf of the proposal. This item is scheduled for the April 19, 2005, Planning & Zoning Commission Meeting. This meeting will begin at 7:00 P.M. in the City Hall Council Chambers., 1101 Texas Avenue. I have included a copy of the agenda for this meeting. Please contact our office at (979) 764-3570 if you should have any questions. Thanks. TRANSMISSION VERIFICATION REPORT TIME : 04/1412005 11:15 NAME : COOS DEVELOPMENT SER FAX : 9797643496 TEL : 9797643570 SER.# : BROE2J341073 DATE,TIME 04114 11:12 FAX NO./NAME 96934243 DURATION 00:02:57 PAGES) 05 RESULT OK MODE STANDARD 'suopsatr6 Auv anl3tj wogs mit J! OLS£179L(61.6) 20930 .mo 13131103 asuajd 'Su1aaur spy 10J ttpua8c aI1 J0 Xdoo papnjoui ani I .gritiOAv IOU "SiaTIIMD IPunOD MI AID NI ai Wel 00:4 We 11100q ifim Sup ow sjgj -auliaan uojssituu o) SujnoZ Suiuucn{d `+SoOZ '61 ipdv aq* Jo; pajtipagas si tualj Stq . •jjsadold alp Jo jlutpq uo Ivacis v1 &uwour ucnssrcu<uoD SuxuoZ 2g gu!uuujd 342 o1 ampriuosagim tr pros 01 Isamu! Isaq sjusollddit aq1 uj s! 1! "aio a raq, , •sluBazjddd aq1 Joj wse50413 ua St,Ouse iou s!jjitis UV wit to lua udolaAap o s1au. 1rxauu rad } zuptt uolssxararoo SmaoZ Suntusid a � aprnoxd o st Atjjgjsuodsaa sans Teql pup uj dmj amid loofojd paoualajat anoq aqi inj posudard sum tato Podax 15 NI JO Adoo srpatisiatvaa spp titgmojjo,I S(]OZ `GY Ipdrv' `Sut#eay Zed GooZ `tt 'WV :Lyda 4rtt3;stssH JJFS`uaiSpur I 71A10341 EfZtC696L6 :XVI E aS2IOk1 :gg DON J. 'OOV1 Man 411 (41-ff" CITY OF COLLEGE STATION Planning cr Development Services CITY OF COLLEGE STATION PLANNING & DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone (979)764-3570 / Fax (979)764-3496 TO: OAKWOOD CUSTOM HOMES GROUP,LTD. ALTON OPCZARZAK RE: HORSE HAVEN PHASE 3 FAX: 979-690-2504 FROM: Lisa Lindgren,Staff Assistant DATE: April 14, 2005 RE: Agenda &Staff Report P&Z Meeting, April 19, 2005 Following this coversheet is a copy of the Staff Report that was prepared for the above referenced project. Please keep in mind that staffis responsibility is to provide the Planning & Zoning Commission with all pertinent facts of a development case, but that staff is not acting as an advocate for the applicants. Therefore, it is in the applicant's best interest to send a representative to the Planning & Zoning Commission meeting to speak on behalf of the proposal. This item is scheduled for the April 19, 2005, Planning & Zoning Commission Meeting. This meeting will begin at 7:00 P.M. in the City Hall Council Chambers., 1101 Texas Avenue. I have included a copy of the agenda for this meeting. Please contact our office at(979) 764-3570 if you should have any questions. Thanks. TRANSMISSION VERIFICATION REPORT TIME : 04/14/2005 11:18 NAME : COCS DEVELOPMENT SER FAX : 9797643496 TEL : 9797643570 SER.# : BROE2J341073 DATE,TIME 04/14 11:17 FAX NO./NAME 96902504 DURATION 00:01:23 PAGE(S) 05 RESULT OK MODE STANDARD ECM shy 'suoi2sanb Atte aneq wogs no..S.j 0LSE-179L (6L6)ie a3gJo ;no oe3uoo aseid 'Sigma! sriii log epua8e aq 30 Adoo popni meg i •anuaAv sexa,i; 1.01T "siactum13 1Puno3 11‘1 11140 0111 to ' Artl 00:L 113ut aq jp 8u44a111 l'a!WIAT uotasiwato Serrno►Z Su! lowlel `SOOZ 661 pd.*" ow aoj patnpagos s! mom sigJ, .p sodosd agjo jlegaq uo leads 04 Sup=utlIsspinueDleuploZ stiFugid elp of oArprtuotoidzi >' pum of #sa talul log s{iaeaiidde aqi ui soY `a.1oOaJaqi, .siugotidde aqn.ioj eleocApe ire se guppy iou sups iii ;nq `asea *uewdopnop s o s;off itiarrrtiad lie quu+a. uoissiwwop Sucuoz $uruueid agi aptnard si iCltpg1suoddar s afels pm. pupil ur daa i aseaid afo td paauaiaJai oAaqu MR Jo3 panda id sena nql uodaj gels atp ;o /Woo L si xaagsxanoe su Suptiollog SO01: `di iudy `6115eari zVci 1x43d011 JP1S trim .au 500Z'n Pick IumsFsy 'uablpuri E1i'1 q+Y03U tO Z obs-6L6 :XVA E SVHd NHAVH MOH 3I\1711\ZDdO NOJ'IY .(r r'T`.-r vir►qat inu tAtn i rn cronA niVO :h i. STAFF REVIEW COMMENTS NO. 3 Project: HORSE HAVEN PH 3 (FP) - 04-00500283 ENGINEERING 1. Make a note on the final plat, that there will not be any alteration to the drainage facilities, the flood plain excavation area or the detention/retention facilities, as noted in section 2.3 of the Academy drainage easement. 2. Certification to accompany the drainage report from a licensed engineer stating that the drainage plan for Horse Haven Estates will not cause any alteration to the drainage facilities, the flood plain excavation area or the detention/retention facilities, as noted in section 2.3 of the Academy drainage easement and that Academy's drainage system will continue to function as it was originally designed to function. 3. Provide a private drainage easement for the area between Horse Haven Estates to the pond. 4. Phase 3 construction document comments will follow in the next week, please contact me if you have any questions. Reviewed by: Josh Norton Date: April 8, 2005 NOTE: Any changes made to the plans, that have not been requested by the City of College Station, must be explained in your next transmittal letter and"bubbled"on your plans.Any additional changes on these plans that have not been pointed out to the City, will constitute a completely new review. 2 of 2 STAFF REVIEW COMMENTS NO. 2 Project: HORSE HAVEN PH 3 (FP) - 04-00500283 PLANNING/ENGINEERING Comments 1 and 2 specifically apply to Phase 3 Final Plat 1. Reminder to show all existing easements that affect this property. Existing easements should be formerly abandoned thru council prior to forwarding to P & Z if not depicted. 2. Provide Proposed Variable Width P.U.E. near inlet (1-3) allowing enough clearance such that there is a minimum of 5ft. from the utility to the edge of the easement or ROW, much like the Proposed Variable Width P.U.E. near inlet (1-4), same issue with Fire Hydrant 3. Comments 7 - 24 specifically apply to Phase 2 and 3 Construction Plans 3. Please prepare and submit construction plans for Phase 2 separately from Phase 3. 4. You must provide construction drawings for the portion of Appomattox existing on the property with this plat submittal. If you do not wish to build it at this time you must provide a construction cost estimate and provide a bond for the construction cost. 5. Show all existing easements that affect this property and utilities on construction plans. Existing easements should be formerly abandoned thru council prior to forwarding to P & Z if not depicted. 6. Provide proposed street grades throughout, as well as a reference explaining L1 and L2. 7. Provide proposed final grade on all utility profiles. 8. FYI: Sidewalk is not required on both sides of Horse Haven Lane. Current plans show existing sidewalks, whereas previous plans did not. 9. Reminder that water lines should be C909 not C900. 10.Sheet C7, provide surface access to storm junction box (J-2). 11.Sheet C7, check T/RIM bust at (J-2). 12.Sheet C8, for street bore across Horse Haven Lane and provide call out of materials and 14" steel casing is required. 13. Sheet C8, clarify flow line out for manhole at Sta. 3+74.00. 14.Sheet C10, show design slope of water and sewer lines. 15.Sheet C12, show detail of Asphalt Base Temporary Turn Around. 16.Sheet C14, provide grading contours for area between Sta. 1+00.00 and 6+29.43. 17.Sheet C14, provide drainage and sewer easement extending to Sta. 6+29.43.. 18.Sheet C14, provide drainage calculations for drainage from Sta. 1+00.00 and 6+29.43 19.Sheet C14, for open channel flow at least 0.4% grade required. 20.Sheet C14, missing FL IN at Sta. 0+00.00 Manhole, please number manholes. Reviewed by: Josh Norton and Alan Gibbs Date: January 24, 2004 NOTE: Any changes made to the plans, that have not been requested by the City of College Station, must be explained in your next transmittal letter and"bubbled"on your plans.Any additional changes on these plans that have not been pointed out to the City, will constitute a completely new review. 2 of 3 ELECTRICAL 1. Developer installs conduit per city specs and design. 2. Developer provides 30' of rigid conduit for riser poles. Developer installs first 10' City installs remainder. 3. Developer installs pull boxes, secondary pedestal and transformer pads per city specs and design.(pull boxes, secondary pedestal and transformer pads provided by the city). 4. Developer provides easements for electric infrastructure as installed for electric lines (including street lights). 5. Developer will need to provide a temporary blanket easement on property to cover existing electric lines. (This is needed so existing easements can be abandon before the lines are moved or relocated.) Once project is complete and /or final plat is filed temporary blanket easement will be released. Overhead electric lines cannot be removed until underground conduit is installed by developer. 6. College Station Utilities will provide an electric design plan to the developer for the installation of conduit and for necessary easement to be added to final plat. 7. To obtain a copy of the design plan and discuss any of the above electrical comments, please contact Tony Michalsky at 979-764-3438. Reviewed by: Tony Michalsky Date: 12-17-04 Revised Date. 1-6-05 NOTE: Any changes made to the plans, that have not been requested by the City of College Station, must be explained in your next transmittal letter and`bubbled"on your plans.Any additional changes on these plans that have not been pointed out to the City, will constitute a completely new review. 3 of 3 FROM : HERMANN RTY PHONE NO. : 979 680 0466 May. 11 2005 05:14PM P1 4 i 4 I s(; ) 4)3 _1\ ---)727 / 1, 03 ---) 0.61(,,z,i.ie-.,_,, _,,,,,_,_ ,,,t,4_,,_/„„4? ‘ '.- "77 ,1 pl'711159 ,e.,..ee -•‘CP"-'e.- ..."7.61a." (e., led04'01 ) • 4. .. t, ., "ee • Iri•'' CA^,. 774'° .J C7<e'4- C4165 .''I '- .e'77' e " 1"4111-" 710. 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",SATER ILl 9Qo �c-a � . - . yam -.- P I i*_" 4 lib 7 if t.O i �r '` �. lab C -. ''.. .._ .i..'t...47 \ . ..t ...._(,/,-.011410 i 04,4„. /c-' \ 0 4130 )'. -,..-. Alliir $ etu6T 1 %cif \.._;‘,<? 4,vs0Eri----- co 11. \ (IP . �\ ill �'" - *� , pw. • if *rims . �_ .....:#1f1 r I\ � 'f'\/c') \ FROM : HERMANN RTY PHONE NO. : 979 680 0466 May. 20 2005 12:37PM P1 _...-. ID:4 q,. CY �� C )-- -0--05-- ,r--- --<:0: -�-0 _<o: 5'13 "="147Y`SG 41 a-/•e-- -4,.a.h __... 2i 0 <� 1 - is �° `� ; , i p,,,,,42 ,(1------ , ,_,... -4A-____ , , ieeLi . ,,,,,t1 , , ,i -0 _ i , ,,, , 4.,,,,,,,,,,, / .., . ,e7-:,--.4.-- , , , ... , ,,,,,-- 1 _4_ , ,,,.....„ i ,,,,ya .-= 1 g , (ii ,� ,_.- / .... ... . � .. _- .. . _. --. .- . _. •----E- - ')'• - 1 ii s.,C -0_ , , , / t ` ( i;.- ,1 ,f1A267:1, r L/ -11:,t,14-s c f \, .ear- ` • 1 sait,-,,, 0,,,,_ ill"‘244,-/-e-- L t. ''s, N. A. Mr ev_:,', .t: Zaa,C•44. 'CV tet4 "VjA6 14,104 U� • Grriffl114 CITY OF COLLEGE STATION Planning er Development Services 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone (979) 764-3570 / Fax (979) 764-3496 MEMORANDUM May 21, 2007 TO: Greg Taggart, MDG, via fax 979.693.4243 FROM: Jennifer Prochazka, Senior Planner SUBJECT: Proposed Replat of Horse Haven Phase III The following is a list of preliminary comments on a proposed replat for Phase III. Once the project has been formally submitted to our office (ie: application ,fees, appropriate number of copies, etc.) the project will be formally reviewed and scheduled for a Planning & Zoning Commission meeting. If you have any questions or need additional information, please call me or Josh Norton at 764- 3570. Attachments: Staff review comments Pc: Case file #04-005UU283 STAFF REVIEW COMMENTS Proposed replat of a portion of Horse Haven Phase III. Planning & Engineering 1. The easements that were dedicated with Phase Ill and have no utilities in them may be abandoned by replat. 2. The 'apparent' electrical easement depicted on the Phase Ill plat would need to go through the formal easement abandonment process. Depending on buildable area of lot, this may or may not occur after the replat. 3. An additional P.U.E. would need to be dedicated for the electric infrastructure that was constructed on the Kolbe property by Oakwood Custom Homes, but was never dedicated to the City. 4. The plat should be a replat and final plat (not a vacating plat- unless you intend on vacating all of Phase Ill). All replatted property should have an "R" behind the lot number. The title of the plat should be "A Final Plat of Horse Haven Phase V, being a replat of....and a final plat of...." 5. A preliminary plat must be approved prior to approval of the replat. This preliminary plat should include all of the Kolbe property. Reviewed by: Jennifer Prochazka & Josh Norton Date: May 18, 2007 • i l 19)147110 , co). 2551 Texas Ave. South, Ste. A, College Station,TX 77840 171,,,4,so � ,,,\,...4, Ofc: 979.693.5359 F, ..4c) _in . . 01=c% ►63 LET TO: Ck +`C of Lc_ y FROM: \ C DATE: D..,S/i l /0 7 MDG JOB NUMBER: 7=5 ATTACHED PLEASE FIND: NO. OF COPIES ' DESCRIPTION f ►b bcravJt 9 . 12-e.0 a THESE ITEMS ARE TRANSMITTED AS CIIEKED BELOW: • ❑ FOR APPROVAL ❑ FOR REVIEW • ❑ FOR YOUR USE ' 0 AS REQUESTED ❑ OTHER: / COMMENTS: /J \I _ '- $ = 1?it-✓�- - s' c i•-(S.r= jO kia clF,rc_/q -e cs=eivte 4 1 l NO f' `. ,' 777 t tv�:,� 1 cis f c r { a �( hci p--e 1 c) , irr :rte i/ l Ljz[l/-`t r vt /?'i eiyr -- SIGNED: 6 a y. / • - 1----- , . 4 4 i . ,••--41... 1 r(u) ci;'A/- A r 5 in.A9'. 1 ' if e , A 4 , 1 i. 1 c 1 • r, , c--3i! \ ---1 •\L-,---\ \,„.1-\ .1"\ , . • 7--- ) i 1 • .-.. •\,.)-7, •-_....v. , c •----, ------, 0 , •••„ ,.-,,,j .--i' : _. ••••., , 44 c...\\' \ \ . • - ----, •N 1\s' \ ----.....,..2 ‘1 i ,---- , I i \ 1 7--" c-- c:-- • 1 I „J..- ... I 1 , g 7 , 1 1 ... . , 4 4 1 ----- 1 1 1 i , ! ; 1 .4 1 i 4 4 yr C ' 4 4 . .,. . . ........ .., 1 1 , __.-- 1 1 I 1 1 4 4 ! ! 4 4 i . 4' . , 4 4 i 1 "' STAFF REVIEW COMMENTS NO. 2 Project: HORSE HAVEN ESTATES PH.2 & , (PP) - 14-00500234 ENGINEERING 1. The Preliminary Plat must show and provide for the construction of Appomattox per the Thoroughfare Plan and the approved Master Plan. It can not be shown as a Reserve tract on this property. t; 2. Due to the number of easements that need to be abandoned by City Council approval, staff may recommend for approval of the Preliminary Plat contingent on easements being abandoned prior to Final Plat approval. The critical easements are the ones that diminish the buildable area of the encumbered lot to less than minimum. For a corner lot this may be 1512.5 sqft and 1925 sqft for non-corner lots. 3. You have two "Block 2, Phase 3" areas labeled on the plat. (some of the following comments may be confusing due to this...) 4. A portion of the existing right-of-way that is Horse Haven Lane will need to be abandoned before Lots 13, 14, 15, 16, Block 2, Phase 3 and Lots 2, 3, 4, Block 2, Phase 3 can be platted. 5. Lot 9, Block 1, Phase 2 may need to be included in a later phase since the electrical easement traversing the property cannot be abandoned until service to the Kolbe property is re-routed. The existing location of the easement on the property may not provide sufficient buildable area. Please verify. 6. Lot 10, Block 1, Phase 2 is not to be platted without access. You can either include the lot in Phase 3 or include Horse Shoe Drive (with a temporary turn-around) in Phase 2. 7. If any portion of Horseshoe Drive is constructed, a temporary turn-around may be required. 8. It looks as if you are not including Lot 17, Block 2, Phase 3 (lot with the existing home on it) in this plat. There is a dark line surrounding this property. This lot must be platted with the rest of the subdivision. 9. Please show the buildable area of Lot 13, Block 3, Phase 3 to confirm that it will be sufficient. 10.The "elbow" shown on the southeastern portion of the property (at lots 20 & 21) must meet fire access standards and design speed. 11.FYI: the previous plat was approved with the condition that access was provided through the greenway area to the future bikeway system. 12.FYI: the utilities are not approved as shown. All utilities to be confirmed with the required engineering reports. NOTE: Any changes made to the plans, that have not been requested by the City of College Station, must be explained in your next transmittal letter and "bubbled" on your plans. Any additional changes on these plans that have not been pointed out to the City, will constitute a completely new review. 2 of 3 13.Please add a note to the plat that all existing structures on the property are to be removed (except the "Existing House to Remain"). 14.Sanitary sewer in Phase 2 appears to need additional easement. 15.No dead-end water lines are allowed, except as per Design Guidelines. 16.The proposed "Common Area" is not in compliance with the approved Master Plan. The Master Plan showed these areas to be "Greenway." Please show limits of development per approved Master Plan. 17.Please label the triangular piece of property shown at the bottom of the page. The only verbiage currently on this property is "Phase Three." This area was also shown as "Greenway" on the approved Master Plan. Please show limits of development per approved Master Plan. 18.Please show all floodplain on the plat. Reviewed by: Spencer Thompson & Jennifer Prochazka Date:October 25, 2004 NOTE: Any changes made to the plans, that have not been requested by the City of College Station, must be explained in your next transmittal letter and "bubbled" on your plans. Any additional changes on these plans that have not been pointed out to the City, will constitute a completely new review. 3 of 3 (3/20/2007) Deborah Grace - Horse Haven Estates Ph. 3.doc Page 3 LETTER OF COMPLETION CITY ENGINEER DATE: /0- - CITY OF COLLEGE STATION COLLEGE STATION,TEXAS l/1� RE: COMPLETION OF IHor;t 114 Ven X$/t es PluoE The purpose of our letter is to request that the following listed improvements be approved and accepted as being constructed under city inspection and completed according to plans and specifications as approved and required by the City of College Station,Texas. This approval and acceptance by the City is requested in order that we may finalize any sub- contracts and to affirm their warranty on the work. This approval and acceptance by the City of the improvements listed below does hereby void the letter of guarantee for the listed improvements on the above referenced project. The one year warranty is hereby affirmed and agreed to by 7Cfc oa and by their sub-contractors as indicated by signatures below. 14,44,2AN Ty STAT WORK COMPLETED DATE DP-7C S-i/tris 3-I4-07 OWNER: 12 (clo.po1 yo.nr. CONTRACTOR Texcon Address: '104,2 Hw r 6 Address: 1707 Graham Road Co s . ,. Tx 27,5-Yo College Station,Texas 77845 Signatur.�lAs Signature: / \,t,01. ity ' esentative ACCEPTANCE&APPROVAL City gineer (3/20/2007) Deborah Grace - Horse Haven Estates Ph. 3.doc Page 2 LETTER OF COMPLETION CITY ENGINEER DATE: /D- sZ-Olo CITY OF COLLEGE STATION COLLEGE STATION,TEXAS 1 �" RE: COMPLETION OF l-4o,sr µAJ(„ eS ;4-ei Phase, The purpose of our letter is to request that the following listed improvements be approved and accepted as being constructed under city inspection and completed according to plans and specifications as approved and required by the City of College Station,Texas. This I approval and acceptance by the City is requested in order that we may finalize any sub- contracts and to affirm their warranty on the work. This approval and acceptance by the City of the improvements listed below does hereby void the letter of guarantee for the listed improvements on the above referenced project pd✓inc.e. The one year warranty is hereby affirmed and agreed to by Co.tfe4440. and by their sub-contractors as indicated by signatures below. WiterANIT 5RcT WORK COMPLETED DATE b4 54-o✓., d✓4,ns5< o' - O40 3-14-07 OWNER: a A,,-,.a Alow.l1 CONTRACTOR lava.,re Cow/".c><o✓ Address: VUloO Ata 7 /a Address: 1740 //✓y 0/ - S 74 0.1 1 7700 C o - .alio / 7/Vo i Signature: .-------_:4.--11k-1 Signature: 4.. �/ —o7 Utii$II'epresent ative ACCEPTANCE&APPROVAL \17 LTi City Engineer ill 3. 1. p :6-4 cii,..4c:,1 2551 Texas Ave. South,Ste. A,Colle e Station,TX 77840 0 4. a`34 g �.QPw, Ofc: 979.693.5359 Fax: 979.693.4243 Email: mdgcstx(yahoo.com a \41.11%r‘) OQ�4 LETTER OF TRANSMITTAL TO: �effi, h- ( I1aa- 6 CJ FROM: &C.-J. 49Th,061 LIX DATE: 3/ fut(0,-d 4P06,/ MDG JOB NUMBER: 1 c� 7 —�75 ATTACHED PLEASE FIND: NO. OF COPIES DESCRIPTION (7 (3aLAt LLf1Q, - -TLr.LL artf tioir -Hat/eh a ?Creat t- pr i no t-/ .q-3,4C F(JrSt'. HatiC v1 THESE ITMES ARE TRANSMITTED AS CHECKED BELOW: ❑ FOR APPROVAL U FOR REVIEW ❑ FOR YOUR USE U AS REQUESTED ❑ OTI-IER: COMMENTS: SIGNED: n 0 ro m 0 OD OD0 Q0 -a, , CV.51 (frarill4111141111 (--) ./ n 4\v FOR OFFICE ypEONLeh ) P&ZCASENOOQ3 DATE SUBMITTED: I -1 D-097-0 l CITY OF COLLEGE STATION Planning t Development Services FINAL PLAT APPLICATION (Check one) ❑ Minor ❑ Amending [lFinal ❑ Vacating ❑ Replat ($300.00) ($300.00) ($400.00) ($400.00) ($600.00)* *Includes public hearing fee The following items must be submitted by an established filing deadline date for P8Z Commission consideration. MINIMUM SUBMITTAL REQUIREMENTS: Filing Fee (see above) NOTE: Multiple Sheets - $55.00 per additional sheet 4 `Pr Variance Request to Subdivision Regulations-$100 (if applicable) / p f la.it S Development Permit Application Fee of$200.00 (if applicable). Piet�rts� s-cu""' c� d� f' L4frastructure Inspection Fee of$600.00 (applicable if any public infrastructure is being constructed) 1/4./Application completed in full. t i -,�py of original deed restrictions/covenants for replats (if applicable). N ✓,Thirteen (13) folded copies of plat. (A signed mylar original must be submitted after staff review.) One (1) copy of the approved Preliminary Plat and/or one (1) Master Plan (if applicable). V Paid tax certificates from City of College Station, Brazos County and College Station I.S.D. A copy of the attached checklist with all items checked off or a brief explanation as to why they are not (ifapplicable). f rcv�'cus Su.4"t� J N�' Two (2) copies of public infrastructure plans associated with this plat a livable . �Y Parkland Dedication requirement approved by the Parks & Recreation Board, please provide proof of approval (if applicable). Date of Preapplication Conference: utA NAME OF SUBDIVISION (10Pitt.).4) ,'1 ES PPIA P SPECIFIED LOCATION OF PROPOSED SUBDIVISION (Lot&Block) 027/0 f-(vjSe (f4061-) (.-!' e1 CS( R. APPLICANT/PROJECT MANAGER'S INFORMATION (Primary Contact for the Project): Name e `l' €APX 1 tit17ra Street Address ,25s1 ( c Ate-I So Lnii % 1i- City 0,c4.,ecE�-14-) State l l�- Zip Code 774c9 E-Mail Address Md54-Y .� 4. - i00 • Phone Number Cl"76164'3 -S3`5`� Fax Number RIM(�) &r3 '44�Cti PROPERTY OWNER'S INFORMATION: Name 04f 000 C-OSTaM UiW S Gge.)L> ( TD. otTegod rCZA-e Z, ) Street Address 40CrD SY' 6 S9 v i C City 1-4X-C $ State [,Zip Code c784<- E-Mail Address Phone Number V f0 --./.6-C'4 Fax Number 677 - Z e)l ARCHITECT OR ENGINEER'S INFORMATION: Name WO O i l% tall, )—()?r. (9/U> P ( 176) Street Address T&)iCAS Acle, cotji Silk A City Cb(.L, ' 9. 6r State Zip Code t �5?� E-Mail Address G2�CS t 0.(400. Coen Phone Number 6ql-`7Fax Number Nig) &i3—4 c(7�� �, 1 of 6/13/03 Is there a temporary blanket easement on this property? If so, please provide the Volume and Page#1•-)( Acreage-Total Property t-. 44C- Total#Of Lots 5 3 R-O-W Acreage Z I Existing Use: Proposed Use: V-IeS (D�urti� Number Of Lots By Zoning District 53 Average Acreage Of Each Residential Lot By Zoning District: 044-40 Floodplain Acreage W 1rtJE- A statement addressing any differences between the Final Plat and approved Master Plan and/or Preliminary Plat(if applicable): Requested Variances To Subdivision Regulations&Reason For Same: P D E- Requested Oversize Participation: PEiNi E_-IT--- Kze. Total Linear Footage of Parkland Dedication due prior to filing the Final Plat: Proposed Public: ACREAGE: 14,24 Streets z'©o Sidewalks #of acres to be dedicated + $ development fee (3i D Sanitary Sewer Lines #of acres in floodplain 145-3 Water Lines #of acres in detention Channels #of acres in greenways Z(Y(Q.C.- Storm Sewers OR .30 Bike Lanes/ Paths FEE IN LIEU OF LAND: 62214e-L4)#of Single-Family Dwelling Units X$556 = $ 34 4-72 (date)Approved by Parks & Recreation Board NOTE: DIGITAL COPY OF PLAT MUST BE SUBMITTED PRIOR TO FILING. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct, and complete. The undersigned hereby requests approval by the City of College Station of the above-identified final plat and attests that this request does not amend any covenants or restrictions associated with this plat. /( P.-3/1 ? e-ka e"0-011 4 ,te Signat and Ti Date fri? /14a7 6/13/03 2 of 5 _ ,. _, „, U ', `�1�0 � Z raranvi o-3 -ao qr i,,_, )1 # L,,o F 1 w y�r v ,41, cGF`'':� 1 tw,#) q �Q a Al, ---' .VS4947' CD IP# C4,40# a 4131* oli1�-� a' ,R 4. - 'O rF 0 u �ti o IT! ° 4410 /� v ,s''',;91" 44-bv,: _ P ',ye tic :0:; ° q f'�A +&,414,4* o I � sz 1 ; ‘it 0######, �o m , \ ' Op -4* %71' /44 Z -4 / *****4N g 104-1% kb Z "Itti ,„ A& 4 & 1:4*tit"4 a �� O �,� * 41 44, A� tsdial lbwO , ',:,047,9#:40, titigy o o• cT 1 N L°ver °�aF= W qm ti do 0 ° - e � -- GRc s e o rr b , L, f.y - C4 0474 xt q '01u-`*}: .i"�s "xti40 At "_ i4i • • - !c /.*,,i.,,,,,,e,•,-- .., .. - ,- „ .1<P ..,,,,,,,,A • ' .14•40,..% • .„,„' l' ''— l . 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(14,,c.-,-/ .,...-,---,-;.-. 4 . \ . .,*--:.. .?, . , - \\ } W + 5< t «� kh-•;:.*:.' t z•a fi; 'X ' " 4 r 14 , •;"*P' r .L'he r IV *. ,s1- ",'4"17',Yri a }t t •a '""« a t tt s+ � ., .� °°4Isoi 4 i. � ' aseV 1 '*4'*„, '1,. *'*\*t,;t1; ** t: .1.- *.' •*1,...-•- ., #.4 * - '` �t Y <v :.•,1C?Q�5 Hu ��'`�o-.. I ,�,�kt�,,. ,+s� s t�".,� °�"� ,y� `�..' �r�� ��' '�a 1 �,- ��'t 1 ys '�� Yrs r 'e ik? •`iP, ,'IF--.4,`?:, .:` „�F--4A cm,n�"" ��F---,-4;.---4 � r`•�t`'"...`1it ti, ys .," #7 f pt4F , ,, r "`V i '�'**Zr `V fi .f.' , 1 fir. .Y1,.. ! �f . t,,t- - " � 5�t',T�1g1 t+: s.. ': #,,rylr r `' .: �,�f' sir ' !•7• Ai...:-.740:,..t...- 4.47:441.,„:44474E—:—,,., .4.1 4 iki,. .. ‘,;.,i-A-s-: '*-t'''.4.1r :ft- 4 ' 'i ' ' -- ' , W 1 ;. ..a$kg,,,'''.4.3,*"..,*. ,;fr i Y •' . f. � •,-',;:: ms .`+ it ii sh p� s y b.', \i'lik: 'opi:—.... ' 7 , Grp ofill, A�� !!a4.r`` � "••.•4404%! �-°�?Z' r` $Yg�':,.� � 'r'+� �jeS,r, � .,.....i.,—.it ; ': '` 4 t r /q,, t,t. .{y...ia*+ias ]r�*,�"�. "`Jt 41 ,s•"` ,.�. r # �� 3 a, "`} a'R' sr ,., _ iP.aa. i+ 3,3tac;,� is..i i .�.•c ...�,... ....;.1..,--.:..t a. , • - .. .. r'^'•s� (AiriOr4I SUBMIT APPLICATION AND THIS LIST CHECKED OFF WITH 13 FOLDED COPIES OF PLAT FOR REVIEW Cr'rY of CoLLEGF STATION Planrunge'L)evelopment Services FINAL PLAT MINIMUM REQUIREMENTS (ALL CITY ORDINANCES MUST BE MET) INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (Requirements based on field survey and marked by monuments and markers.) Er 1.V Drawn on 24"x 36" sheet to scale of 100' per inch or larger. V 2. v Vicinity map which includes enough of surrounding area to show general location of subject property in relationship to College Station and its City Limits. No scale required but include north arrow. 3. vTitle ock with the following information: Name and address of subdivider, recorded owner, planner, engineer and surveyor. TEK Proposed name of subdivision. (Subdivision name & street names will be approved through Brazos County 911.) (Replats need to retain original subdivision name.) Aar Date of preparation. frEr Engineer's scale in feet. Total area intended to be developed. V4. North Arrow. E 5. Subdivision boundary indicated by heavy lines. 0 ' 6. If more than 1 sheet, an index sheet showing entire subdivision at a scale of 500 feet per inch or larger. Er 7. All applicable certifications based on the type of final plat. []r Ownership and Dedication Surveyor er-Errginger City Engineer(and City Planner, if a minor plat) Planning and Zoning Commission (delete if minor plat) [r Brazos County Clerk —Op( - Brazos County Commissioners Court Approval (ETJ Plats only) Fr 8. Paid tax certificates. --9- If submitting a replat where there are existing improvements, submit a survey of the subject property showing the improvements to ensure that no encroachments will be created. using private septic systems, add a general note on the plat that no private sewage facility may be installed on any lot in this subdivision without the issuance of a license by the Brazos County Health Unit under the provisions of the private facility regulations adopted by the Commissioner's Court of Brazos County, pursuant to the provisions of Section 21.004 of the Texas Water Code. '. Location of the 100 Year Floodplain and floodway, if applicable, according to the most recent available data. PIT 12. Lot corner markers and survey monuments (by symbol) and clearly tied to basic survey data. 1V(Matches the approved preliminary plat and/or master development plan. 6/13/03 4 of 5 r 44. The location and description with accurate dimensions, bearings or deflection angles and radii, area, center angle, degree of curvature, tangent distance and length of all curves for all of the following: (Show existing items that are intersecting or contiguous with the boundary of or forming a boundary with the subdivision, as well as, those within the subdivision). Existing Proposed Id EK Streets. Continuous or end in a cul-de-sac, stubbed out streets must end into a temp turn around unless they are shorter than 100 feet. ❑ Et7 Public and private R.O.W. locations and widths. (All existing and proposed R.O.W.'s sufficient to meet Thoroughfare Plan.) ❑ Er Street offsets and/or intersection angles meet ordinance. ❑ Alleys. lEr 1E7 Easements. ❑ E A number or letter to identify each lot or site and each block. ❑ Er Greenbelt area/park linkages/parkland dedication ( All proposed dedications must be reviewed by the Parks and Recreation Board prior to P &Z Commission consideration.) 12( ✓15. Construction documents for all public infrastructure drawn on 24"x 36" sheets and properly sealed by a Licensed Texas Professional Engineer that include the following: ❑ Street, alley and sidewalk plans, profiles and sections. One sheet must show the overall street, alley and/or sidewalk layout of the subdivision. (may be combined with other utilities). ❑ Sanitary sewer plan and profile showing depth and grades. One sheet must show the overall sewer layout of the subdivision. (Utilities of sufficient size/depth to meet the utility master plan and any future growth areas.) ❑ Water line plan showing fire hydrants, valves, etc. with plan and profile lines showing depth and grades. One sheet must show the overall water layout of the subdivision. 5 kA.19r44 is 4d (Utilities of sufficient size/depth to meet the utility master plan and any future growth 14/ areas.) pita 5 ❑ Storm drainage system plan with contours, street profile, inlets, storm sewer and drainage channels, with profiles and sections. Drainage and runoff areas, and runoff l,v 0 based on 5, 10, 25, 50 and 100 year rain intensity. Detailed drainage structure design, channel lining design & detention if used. One sheet must show the overall drainage plod- layout of the subdivision. ❑ Detailed cost estimates for all public infrastructure listed above sealed by Texas P.E. ❑ Drainage Report. ❑ Erosion Control Plan (must be included in construction plans). Ely 16. All off-site easements necessary for infrastructure construction must be shown on the final plat with a volume and page listed to indicate where the separate instrument easements were filed. Separate instrument easements must be filed prior or concurrently with Final Plat. Er 17. Are there impact fees associated with this development? ❑Yes o Impact fees for R-1, R-2, & R-3 zoned final plats, must be paid prior to filing. Ig718. Will any construction occur in TexDOT rights-of-way? ❑Yes OCro If yes, TexDOT permit must be submitted along with the construction documents. NOTE: 1. We will be requesting the corrected Final Plat to be submitted in digital form if available prior to filing the plat at the Courthouse. 2. If the construction area is greater than 5 acres, EPA Notice of Intent (NOI) must be submitted prior to issuance of a development permit. 6/13/03 5 of 5 (Arif" CITY OF COLLEGE STATION Planning&Development Services 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone 979.764.3570 / Fax 979.764.3496 MEMORANDUM January 25, 2005 / TO: Greg Taggart, MDG, via fax 979.693.4243 V FROM: Jennifer Prochazka, Staff Planner SUBJECT: HORSE HAVEN PH 3 (FP) - Final Plat Staff reviewed the above-mentioned final plat as requested. The following page is a list of staff review comments detailing items that need to be addressed. Please address the comments and resubmit the following information. Once all comments have been addressed and the Right-of-Way and easement abandonments have been processed and approved by the City Council, your project will be scheduled for the next available Planning and Zoning Commission meeting. Two (2) copies of the revised final plat and construction documents Upon receipt of the required documents for the Planning & Zoning meeting and approval of the R.O.W. and easement abandonments has been granted, your project will be considered formally filed with the City of College Station. Please note that if all comments have not been addressed your project will not be scheduled for a Planning & Zoning Commission meeting. Your project may be placed on a future agenda once all the revisions have been made and the appropriate fees paid. If you have any questions or need additional information, please call Josh Norton, Alan Gibbs or myself at 979.764.3570. Attachments: Staff review comments cc: Oakwood Custom Homes Group, LTD., via fax 979.690.2504 Case file #04-0050028 Home of Texas A&M University (ArifiSIIII CITY OF COLLEGE STATION Planning&Development Services 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone (979) 764-3570 / Fax (979) 764-3496 MEMORANDUM April 11, 2005 / TO: Greg Taggart, MDG, via fax 979.693.4243 v FROM: Jennifer Prochazka, Staff Planner SUBJECT: HORSE HAVEN PH 3 (FP) - Final Plat Staff reviewed the above-mentioned final plat as requested. The following page is a list of staff review comments detailing items that need to be addressed. Please address the comments and submit the following information. This item is scheduled to be heard by the Planning and Zoning Commission at their April 19, 2005 meeting. Two (2) 24"x36" copies of the revised final plat; One (1) Mylar original with the appropriate signatures. If you have any questions or need additional information, please call me or Josh Norton at 764- 3570. Attachments: Staff review comments cc: Oakwood Custom Homes Group, LTD., via fax 979.690.2504 Case file #04-00500283 STAFF REPORT Project Manager: Jennifer Prochazka, Planner Report Date: April 5, 2005 Email: jprochazka@cstx.gov Meeting Date: April 19, 2005 Item: Presentation, discussion, and possible action on a Final Plat for Horse Haven Phase 3, consisting of 53 lots on 12.06 acres, generally located at Earl Rudder Freeway and Horse Haven Lane. Applicant: Greg Taggart, Municipal Development Group, agent for Alton Ofczarzak, property owner. Staff Recommendations: Staff recommends approval of the final plat with the condition that the attached Staff Review Comments are addressed. Item Summary: This item is for consideration of a Final Plat in preparation for residential development. The applicant is proposing 53 R-1 Single Family Residential lots. Two public pedestrian access easements are proposed with this plat to provide connection to the surrounding greenway. The Final Plat is in compliance with the approved Preliminary Plat and the Subdivision Regulations. Comprehensive Plan Considerations: The Land Use Plan designates the majority of this property as Single-Family Residential Medium Density and Floodplain / Streams. Item Background: The property was annexed in 1977 and zoned A-O at that time. The property was rezoned to R-1 Single Family Residential in 2004. This property has never been platted. A Master Plan and Preliminary Plat of this property were approved last year. The first phase of Horse Haven is now developed as Academy Sporting Goods. A Final Plat of the second phase of this development was approved earlier this year. Related Advisory Board Recommendations: Parks Board accepted fee in lieu of land dedication. Commission Action Options: The Commission has final authority over the Final Plat. The options regarding the Final Plat are: • Approval • Denial Supporting Materials: 1. Location Map 2. Aerial Map 3. Application 4. Staff Review Comments 5. Copy of Final Plat ik .1i' r j " a �°kv, ZP 4*xi,; i ' �t w,.r .` .^ :' rt 3-,'''Y ri # ; .tom ;a.+. .— >a,;` j A 4. ,K i, 1 ', A: f ;' i r, ,4;„147,Aititir**04041;b***"*P:tik.,- ',. t r ti „. , ,4F .0. .41.464:04 .9/ %fr. ' 'r „4,..?„,:.,,,, , ..it 41,„4,40. 1, 4 , ...* 41 I.:: _ ,4*.b. 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TX 7 18.10 9- 1 - c? ---' LI OA i I), ii .. 1-'\- Ofc: 919.693.5359 Fax: 979,693.4243 Email: mclgcs@indgcs.com Wcb: wv..\\.indgcs.cont :3..N..k ,.\\`',-C,. 11,)>(k)\) , • , : LETTER OF TRANS IV11.1:TAL 1 06_5 il_ _ 1- , - --/ 1)AT F; _ Z./-1--4 ./__a-_ --------- --_—___ NI0(3 JO 13 NUMI3ER: A1-LACIIED PLEASE FIND: • . . , NO OF COPIESDESCRIPTION . --- . . ___________ ___„------------------------ . ., , ------------- t _________________ ___ • ____—_____—__— . . , • ---------------- -------- , • , _ --_—______-_--------- ___ --_____ _____ _____—_—___--_ ----- ------ - --------- ' . ... : . . . : TIITcF. ITEMS ARE TRANSNI1TTED AS CI-11JITED 13ELOW: , .. . . . . . . . [1] FOR APPROVAL • . . , , . . Li FOR REVIEW • , . • , , ,, : . . • Li FOR YOUR USE . , . -.. . , 1 1 Li AS NiQUESTED . , . . .. . . . . • . , , Li OTHER:_-_____-____L-- -----------------------7- CO 1 - -- - ____________-__________ ___________________-_--- • .. • .... . , :,; . . .. SIC _ . . . 1111111 -.,:u.i)• .,---. ' '---- iii0W . . . . . . • . . . . . . . . . 1 . . . . . . . METES AND BOUNDS DESCRIPTION OF A 0.38 ACRE TRACT (A 30' WIDE PUBLIC UTILITY EASEMENT) MORGAN RECTOR LEAGUE, A-46 COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes and bounds description of all that certain 0.38 acre tract or parcel of land, lying and being situated in the Morgan Rector League, A-46, College Station, Brazos County, Texas, and being a portion of that same 15.85 acre tract conveyed from Burton R. Hermann, et ux, to Oakwood Custom Homes Group, Ltd., as described by deed recorded in VOLUME 6413 PAGE 107 of the Official Records of Brazos County, Texas, said 0.38 acre tract being more particularly described as follow: COMMENCING at an angle point in the south east line of said 15.85 acre tract, and being the southeast corner of proposed Lot 13, Block Three, Horse Haven Estates Phase Three; THENCE S 12° 30' 41" E- 197.47 to a point for angle point; THENCE N 88° 23' 46" W- 88.50 feet to a point for the PLACE OF BEGINNING; THENCE S 12° 19' 44" E- 541.41 feet to a point for corner in the southeast line; THENCE S 41° 19' 55" W- 37.24 feet with said line; THENCE N 12° 19' 44" W- 569.16 feet to a point for corner; THENCE N 88° 23' 46"E- 30.53 feet to the PLACE OF BEGINNING, and containing 0.38 acres of land February 2005 MUNICIPAL DEVELOPMENT GROUP College Station, Texas Prepared by: 6 (,`77 . '1< 7. . Gregory K. aggar .P.L.S. OF /L /-----Ctr '40)r;%-r :9..iy.cp\?4 GREGORY .TA D fi " c,-p; n 16 /, F • METES AND BOUNDS DESCRIPTION OF A 0.38 ACRE TRACT (A 30' WIDE PUBLIC UTILITY EASEMENT) MORGAN RECTOR LEAGUE, A-46 COLLEGE STATION, BRAZOS COUNTY, TEXAS Metes and bounds description of all that certain 0.38 acre tract or parcel of land, lying and being situated in the Morgan Rector League, A-46, College Station, Brazos County, Texas, and being a portion of that same 15.85 acre tract conveyed from Burton R. Hermann, et ux, to Oakwood Custom Homes Group, Ltd., as described by deed recorded in VOLUME 6413 PAGE 107 of the Official Records of Brazos County, Texas, said 0.38 acre tract being more particularly described as follow: COMMENCING at an angle point in the south east line of said 15.85 acre tract, and being the southeast corner of proposed Lot 13, Block Three, Horse Haven Estates Phase Three; THENCE S 12° 30' 41" E- 197.47 to a point for angle point; THENCE N 88° 23' 46" W- 88.50 feet to a point for the PLACE OF BEGINNING; THENCE S 12° 19' 44" E- 541.41 feet to a point for corner in the southeast line; THENCE S 41° 19' 55" W- 37.24 feet with said line; THENCE N 12° 19' 44" W- 569.16 feet to a point for corner; THENCE N 88° 23' 46" E- 30.53 feet to the PLACE OF BEGINNING, and containing 0.38 acres of land February 2005 MUNICIPAL DEVELOPMENT GROUP College Station, Texas Prepared by: / /</,. . Gregory K. agga .P.L.S. - ' I' G q y . / !• •q•g00000.0!••Q%cc) ( REGO!t R i 1�;GART s•o•.•.•....000uooxogco •..•.. � e � 5576 P°¢ /°- ESS . SUTL.. 0.136k(L-Cr-I 7\)k) 6' 3 1 1, 1 1 \ 1 1 1 1 1 1 11 11 � 1 � 1 1 111 5 N Scale=1: 136(Feet) 3 S 12° 19'44"E 541.41 5 N 12° 19'44"W 569.16 4 S41°19'55"W 37.24 6 N 88°23'46"E 30.53 7 Back to pob Hetum to aCAir161b- qd � C '1 ( THE STATE OF TEXAS (gi (0— ( 3 . [PAX, COUNTY OF BRAZOS TERMINATION OF EASEMENT AGREEMENT (re: Horse Haven Estates) • THIS TERMINATION OF EASEMENT AGREEMENT (re: Horse Haven Estates) is entered into as of the a n 41. day of /Yo ye.m 6 ar, 2004, by C. Carl Kolbe and Jeanne Kolbe (together, "GRANTEE) and by Burton Ray Hermann, Virginia Boriskie 1iermann, and Michael Wayne Thiltgen(collectively, "GRANTOR") and by Alton Ofczarzak, Managing Member of Oakwood Custom Homes Group, LTD ("DEVELOPER"). Grantor, Grantee, and Developer hereby agree that whenever the proposed City street, labeled in the attached Exhibit"A" as "New Right-of-Way for Grantee," is built in the approximate location shown in Exhibit"A," said street shall become the new right-of-way to Grantee's land (connecting to Horse Haven Lane). Developer(see attached Exhibit"B") of said City street shall build a temporary, all-weather tzgravel and/or crushed rock road similar to the one currently used by Grantor and Grantee. The approximate location of said temporary road is shown in slashes in Exhibit"A." Developer shall build this road prior to commencement of construction of said street (Horseback Ct.). Until said City street's construction has reached a point where it provides all-wea ier access—C.-With a 6" base) for Grantee, Grantee shall be provided with thefull and uninterrupted use of the temporary road. In other words, during all phases of said street's construction, Developer shall provide all- weather access for Grantee. When said City street is opened to the public and Grantee is granted a curb cut from the city to give Grantee access to Grantee's property from the City street,the Easement Agreement, entered into by the Grantor, dated March 14, 1996, recorded in Volume 2558, Page 126, of the Official Records of Brazos County, Texas, and the right to use the Easement,therein described, shall be automatically terminated. Henceforth, Grantor and Grantee shall no longer have any right to use that certain gravel and/or crushed rock road in the approximate location of the Easement, as described in said 1996 Easement Agreement. EXECUTED as of the date first written above. GRANTEE: GRANTOR: exp C. Carl Kolb.e • Burton Ray Herm • Je a KolbeVg414(-1ir.� : STATE OF TEXAS COUNTY OF BRAZOS Before me, the undersigned authority,a Notary Public in and for said Co my and State, on this day personally appeared C. Carl Kolbe and Jeanne Kolbe, known to meto be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they signed for the same purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF IV 0 2004. 4 d.A1�.•, CART MICHELLE HORN '4� Notary Pubao,State d Texas h I I klJA �\ MY Commission Wes t J- t y, ♦ JUNE 42 1 • ' _ _ _ _ _ _ _ _ - otary Public in and for the tate of Texas STATE OF TEXAS COUNTY OF BRAZOS • Before me,the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Burton Ray Hermann and Virginia Boriskie Hermann, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they signed for the same purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS o `/ DAY OF Ce-NA , 2004. i����• . My Comrt+issbn Expos 224 I JMy 23,2000 _ t otary Publi •rthe Stat- of Texas • STATE OF TEXAS COUNTY OF BRAZOS - Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Alton Ofczarzak, Managing Member of Oakwood Custom Homes Group, LTD. And Oakwood Custom Homebuilders, L.L.C. (General Partner), known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she signed for the same purposes and consideration therein expressed,1 • GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 0? DAY OF l.11� , 2004. • • %!' �My Crmission Expirras /J , :4)11_9540T July 23,200S otary Public in and .r the State of Texas STATE OF TEXAS COUNTY OF JIM WELLS Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Michael Wayne Thiltgen, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she signed for the same purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL • OFFICE THIS a DAY OF Nvemb 2004. 4 �a..�. DENISE L CAVAZOS ' 4 Notary Public � ' 11 STATE OF TEXAS• ' `�� � A w �i• r ;,� � o, My Comm. Exp.07-30-2006 ary ' • is n and ' e a of Texas