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00975228 DR 0217 140
FIELDNOTE DESCRIPTION FOR A 18.481 ACRE TRACT
• JOE E. SCOTT SURVEY, ABSTRACT NO. 50
J. H. JONES SURVEY, ABSTRACT NO. 26
BRAZOS COUNTY, TEXAS
Fieldnotes to all that certain tract or parcel of land being 18.481 acres, more or
less located party in the Joe E. Scott Survey, Abstract No. 50, and partly in the J.
H. Jones Survey, Abstract No. 26, both in Brazos County, Texas, being a portion
of the called 29.14 acre tract described in a Deed from Henry William Schmidt,
Jr. to Texas A & M University, dated March 9, 1990 and recorded in Volume
1172, Page 308 of the Real Property Records of Brazos County, Texas
(RPRBCT) and a portion of the called 6.89 acre tract described in a Deed from
Ralph Bobbit to The Texas A & M University System, dated August 15, 1988 and
recorded in Volume 1066, Page 607 RPRBCT. Said 18.481 acres being more
particularly described as follows:
BEGINNING at a 3/8-inch iron rod found for the most easterly corner of a called
9.9936 acre tract described in a Deed from Anne C. Hatfield to Dorothy Sens,
dated March 18; 1999 and recorded in Volume 3425, Page 76 RPRBCT, same
being an ell corner of the said 29.14 acre tract;
THENCE N 44° 51' 33" E 730.53 feet to a 1/2-inch iron rod set for the most
northerly corner of the herein described 18.481 acre tract in the common line of
the said 6.89 acre tract and a called 11.635 acre tract described in a Deed from
Por Nada Joint Venture to Titan Valley Park, Limited Partnership, dated
September 21, 2005 and recorded in Volume 6976, Page 226 RPRBCT;
THENCE S 45° 08' 35" E 1,397.71 feet with the common line of the said 6.89
acre tract and the said 11.635 acre tract to a 1/2-inch iron rod set for the
southeasterly common corner of the said 6.89 acre tract and the said 11.635
acre tract in the westerly right of way of FM. Highway No. 2818. From said
corner, a 1A-inch iron rod found for reference bears N 10° 11' 16" W 3.90 feet
and a concrete right of way monument found bears N 10° 15' 32" W 255.00 feet;
THENCE S 10° 06' 20" E 285.49feet with the westerly right of way of FM
Highway 2818 to a 1/2-inch iron rod found for the most southeasterly corner of
the said 18.481 acre tract and the most easterly corner of a called 26.073 acre
tract described in a Deed from Gerald L. Kinman and wife, Joyce N. Kinman, to
City of College Station, Texas, dated April 12, 2006 and recorded in Volume
7252, Page 21 RPRBCT;
THENCE N 45° 07' 24" W 1,180.91 fee with the common line of the said 6.89
acre tract and the said 26.073 acre tract to a 3/8-inch iron rod found for the
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• 00975228 OR 8217 141
northerly corner of the said 26.073 acre tract and the most easterly corner of the
said 29.14 acre tract;
THENCE S 44° 40' 41" W 1,275.48 feet with the common line of the said 26.073
acre tract and the said 29.14 acre tract to a concrete monument found for the
westerly common corner of the said 26.073 acre tract and the said 29.14 acre
tract;
THENCE N 34° 09' 35" W 463.07 feet with the most southwesterly line of the
said 29.14 acre tract to a 1/2-inch iron rod found for the most westerly corner of
the said 29.14 acre tract in the southeasterly line of a called .9.959 acre tract
described in a Deed from John H. Stockton and wife, Inez M. Stockton to James
L. Boone and wife, Lillian Boone, dated February 8, 1955 and recorded in
Volume 167, page 77 RPRBCT;
THENCE N 44° 51' 33" E, at 83.25 feet pass 0.23 foot from a 3/8-inch iron rod
found for the common corner of the said 9.959 acre tract and a called 10.345
acre tract described in a Deed from A. L. Giesenschlag to Sarah Ann Hensz,
recorded in Volume 2772, Page 252 RPRBCT, at 366.28 feet pass 0.06 foot
from a 3/4-inch iron rod found for the common corner of the said 10.345 acre
tract and the said 9.993 acre tract, continuing for a total distance of 620.22 feet
to the PLACE OF BEGINNING and containing 18.481 acres, more or less, as
shown on the accompanying plat of even date herewith.
Note: Bearings are based on the most northerly Northeast line of the 29.14 acre
tract described in Volume 1172, Page 308 RPRBCT.
GOODWIN-LASITER, INC. A y (co RF.•
GARY G BROWN
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ca ( ►wn, R.P.L.S. No. 4654
su ►
Col -I e ' tion, Texas May 16, 2006
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00 775213 OR 8217 142
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FIELDNOTE DESCRIPTION FOR AN 8.621 ACRE TRACT
J. H. JONES SURVEY, ABSTRACT NO. 26
J. H. JONES SURVEY, ABSTRACT NO. 148
BRAZOS COUNTY, TEXAS
Fieldnotes to all that certain tract or parcel of land being 8.621 acres, more or
less located party in the J. H. Jones Survey, Abstract No. 26, and partly in the J.
H. Jones Survey, Abstract No. 148, both in Brazos County, Texas, being all of
the called 3.530 acre tract described in a Deed from Henry William Schmidt, Jr.
to Texas A & M University, dated March 9, 1990 and recorded in Volume 1172,
Page 305 of the Real Property Records of Brazos County, Texas (RPRBCT), all
of the called 4.3245 acre tract described in a Deed from Henry C. Nemec, Larry
G. Nemec, and James H. Nemec to the Board of Regents, the Texas A & M
University System, dated February 4, 1993 and recorded in Volume 1710, Page
328 RPRBCT, and all the called 0.772 acre tract described in a Deed from
Kathleen Tauber Stubblefield to Board of Regents, the Texas A & M University
System, dated October 13, 1993 and recorded in Volume 1934, Page 348
RPRBCT. Said 8.621 acres being more particularly described as follows:
BEGINNING at a 1/2-inch iron rod found for the most westerly corner of the said
0.772 acre tract and the northerly corner of a called 1.190 acre tract described in
a Deed from W. D. Burkhalter and wife, Clara Elizabeth Burkhalter to Walter E.
Gilmore and wife, Emma H. Gilmore, dated August 22, 1959 and recorded in
Volume 199, Page 475 RPRBCT, said corner being in the southeasterly line of a
called 15.013 acre tract described in a Contract of Sale and Purchase from the
Veterans Land Board of Texas to Walter E. Gilmore, dated July 20, 1962 and
recorded in Volume 220, Page 527 RPRBCT;
THENCE N 44° 39' 05" E 68.88 feet with the common line of the said 0.772 acre
tract and the said 15.013 acre tract to a concrete monument found for the most
southerly corner of the said 3.530 acre tract;
THENCE N 33° 24' 37" W 101.46 feet with the most southwesterly line of the
said 3.530 acre tract to a 3/4-inch iron pipe found for the most westerly corner of
the said 3.530 acre tract;
THENCE N 44° 46' 25" E 1070.22 feet with a common line of the said 3.530 acre
tract and a called 26.073 acre tract described in a Deed from Gerald L. Kinman
and wife, Joyce N. Kinman to City of College Station, Texas, dated April 12,
2006 and_ recorded in Volume 7252, Page 21 RPRBCT to a 1/2-inch iron rod
found for the northerly corner of the said 3.530 acre tract and an ell corner of the
said 26,073 acre tract;
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0097522B OR B217 143
THENCE S 46° 21' 29" E 99.29 feet with a common line of the said 3.530 acre
tract and the said 26.073 acre tract to a 3/8-inch iron rod found for the
northeasterly common corner of the said 3.530 acre tract and a called 2.4483
acre tract described in a Sheriffs Tax Deed to the City of College Station,
recorded in Volume 2625, Page 206 RPRBCT (further described in a Deed
recorded in Volume 384, Page 456 RPRBCT);
• THENCE S 44° 46' 58" W 300.09 feet with a common line of the said 3.530 acre
tract and the said 2.4483 acre tract to a 3/4-inch iron pipe found for the westerly
common corner of the said 3.530 acre tract and the said 2.4483 acre tract;
THENCE S 45° 59' 31" E, at 171.65 feet pass 0.20 foot from a 5/8-inch iron rod
found for the westerly corner of a called 0.9417 acre tract described in a Deed
recorded in Volume 870, Page 748 RPRBCT, continuing for a total distance of
467.73 feet to a 1/2-inch iron rod found for the southerly common corner of the
said 3.530 acre tract and the said 0.9417 acre tract in the northwesterly right of
way of State Highway No. 60 (right of way width varies);
THENCE S 52°43' 42" W 101.09 feet with the said northwesterly right of way to •
a concrete right of way monument-found for the easterly common corner of the
said 3.530 acre tract and the said 4.3245 acre tract;
THENCE S 59° 54' 53" W 325.74 feet continuing with the said northwesterly right
of way to a 1/2-inch iron rod set for the beginning of a curve to the left;
THENCE continuing with the said northwesterly right of way and with the said
curve (having a radius of 11509.15 feet, a central angle of 0° 54' 13", and a long
chord of S 59° 42' 34" W 181.51 feet) 181.51 feet to a 112-inch iron rod set for
the easterly common corner of the said 4.3245 acre tract and a called 1.06 acre
tract described in a Deed from William M. Klunkert and wife, Patsy L. Klunkert to'
Raiford Williams and wife, Linda S. Williams, dated September 10, 2004 and
recorded in Volume 6295, Page 32 RPRBCT. From said corner, a 5/8-inch iron
rod found bears S 45° 22' 55" E 1.17 feet;
THENCE N 45° 22' 55" W 321.51 feet with the common line of the said 4.3245
acre tract and the said 1.06 acre tract to a 1/2-inch iron rod found for the
northerly common corner of the said 4.3245 acre tract and the said 1.06 acre
tract in a southeasterly line of the said 3.530 acre tract;
THENCE S 44° 50' 37" W 152.07 feet with the common line of the said 3.530
acre tract and the said 1.06 acre tract to a 112-inch iron rod found for the
northerly common corner of the said 0.772 acre tract and the said 1.06 acre
tract;
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009752.28 DR 5217 144
THENCE S 45° 22' 11" E 283.48 feet with the common line of the said 0.772
acre tract and the said 1.06 acre tract to a 518-inch iron rod found for the easterly
common corner of the said 0/72 acre tract and the said 1.06 acre tract in the
northwesterly right of way of State Highway No. 60;
THENCE with the said northwesterly right of way and with a curve to the left
(said curve having a radius of 11509.15, a central angle of 0° 38' 29", and a long
chord of S 58° 09' 20" W 128.84 feet), 128.84 feet to a 1/2-inch iron rod found
for the easterly common corner of the said 0.772 acre tract and the said 1.190
acre tract;
• THENCE N 45° 19' 48" W 253.55 feet with the common line of the said 0.772
acre tract and the said 1.190 acre tract to the PLACE OF BEGINNING and
containing 8.621 acres, more or less, as shown on the accompanying plat of
even date herewith.
Note: Bearings are based on the most northerly Northeast line of the 29.14 acre
tract described in Volume 1172, Page 308 RPRBCT.
iG' OF �----.
GOODWIN-LASITER, INC. � =,e`STFR�.,s,
GARY G BROWN ,
/ \' �,P 4654 �; ::
ALA 4it \- "'-'( ss kiD7S- -il:'
.. :i 1 R.P.L.S. No. 4654 -'� �
C•Ilea e ' r, Texas May 16, 2006
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00975228 OR .1;5
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FIELDNOTE DESCRIPTION FOR A 0.002 ACRE TRACT
J. H. JONES SURVEY, ABSTRACT NO. 26
BRAZOS COUNTY, TEXAS
Fieldnotes to all that certain tract or parcel of land being 0.002 acre, more or less
located in the J. H. Jones Survey, Abstract No. 26, and being more particularly
described as follows:
•
BEGINNING at a concrete monument found for the most southerly corner of a
called 3.530 acre tract described in a Deed from Henry William Schmidt, Jr. to
Texas A & M University, dated March 9, 1990 and recorded in Volume 1172,
Page 305 of the Real Property Records of Brazos County, Texas (RPRBCT),
same being the most easterly corner of a called 15.013 acre tract described in a
Contract of Sale and Purchase between the Veterans Land Board of Texas and
Walter E. Gilmore, recorded in Volume 220, Page 527 RPRBCT;
THENCE N 34° 14' 31" W 101.16 feet to a 1/2-inch iron rod for the most
southerly corner of a called 26.073 acre tract described in a Deed from Gerald L.
Kinman and wife, Joyce N. Kinman to the City of College Station, Texas,
recorded in Volume 7252, Page 21 RPRBCT;
THENCE N 44° 46' 25" E 1.50 feet to a 3/4-inch iron pipe found for the westerly
corner of the said 3.530 acre tract;
THENCE S 33° 24' 37" E 101.46 feet with the most southwesterly line of the said
3.530 acre tract to the PLACE OF BEGINNING and containing 0.002 acre, more
or less
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Joe Orr,Inc.
Surveyors&Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690-3378
Boundary Survey
Kinman Tract
J.H. Jones and J.E. Scott Leagues
College Station, Texas
16 March 2006
All that certain tract or parcel of land lying and being situated in the J.H. Jones League,
(Abstract No. 26) and the J.E. Scott League (Abstract No. 50) in College Station,Brazos
County, Texas, being a part of that 27.09 acre tract conveyed to Gerald L. Kinman by
deeds recorded in Volume 1363, Page 14 and Volume 1404, Page 235 of the Official
Records of Brazos County,Texas, and being more particularly described as follows:
Beginning at a 4" square concrete monument found at the most northerly corner of them
Walter E. Gilmore 15.013 acre tract described in Volume 559, Page 215 of the Deed
Records of Brazos County, Texas, which is also the most westerly corner of the said
Kinman tract and the most southerly corner of that 29.14 acre tract conveyed to Texas
A&M University by deed recorded in Volume 1172,Page 308 of the Official Records of
Brazos County, Texas, from which the City of College Station GPS control monument
no. 165 bears S 9°56' 37"E—1781.4 feet.
Thence N 41° 53' 37"E— 1275.53 feet along the southeast line of the said Texas A&M
University 29.14 acre tract to a 3/8" iron rod found at a cross-tie fence corner post at the
most easterly corner of the said Texas A&M University 29.14 acre tract in the southwest
line of that 6.89 acre tract conveyed to Texas A&M University by deed recorded in
Volume 1066,Page 602 of the Official Records of Brazos County,Texas;
Thence S 47° 54' 39" E — 1180.77 feet along the line between the said Kinman 27.09
acre tract and the said Texas A&M University 6.89 acre tract to a 1/2" iron rod with an
orange plastic cap stamped "H.P.Mayo RPLS 5045" set in the southwest right-of-way
line of Harvey Mitchell Parkway (F.M. 2818), from which a 3/8" iron rod was found S
48°E—0.8' at a fence corner post;
Thence S 13° 00' 50"E—146.43 feet along the southwest right-of-way line of F.M. 2818
to a %a" iron rod with an orange plastic cap stamped "H.P.Mayo RPLS 5045" set at the
intersection of the southwest right-of-way line of F.M. 2818 and the northwest right-of-
way line of Raymond Stotzer Parkway(State Highway 47), from which a concrete right-
of-way monument was found N 40°E— 1.3';
Thence S 40°38' 40"W—243.57 feet along the northwest right-of-way line of Raymond
Stotzer Parkway to a 1/2" iron rod with an orange plastic cap stamped "H.P.Mayo RPLS esai De t
Page j of 2 ��1 0
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009 5228 OR 8217 147
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5045" set at the common corner of the said Kinman 27.09 acre tract and that 2.4483 acre
tract conveyed to the City of College Station by deed recorded in Volume 2625,Page 206
of the Official Public Records of Brazos County, Texas, from which a 3/8"iron rod was
found N 49°W—0.9' at a cross-tie fence corner post;
Thence N 48° 55' 53" W — 604.74 feet along the line between the said Kininan 27.09
acre tract and the said City of College Station 2.4483 acre tract, to a 1/2" iron rod found
bent at a cross-tie fence corner post at the most northerly corner of that Texas A&M
University 3.530 acre tract described in Volume 1172, Page 305 of the Official Public
Records of Brazos County, Texas, from which a 3/8"iron rod was found S 48° 55' 53"E
— 99.6' at'cedar fence corner post at the common corner of the said City of College
Station 2.4483 acre tract and the said Texas A&M University 3.530 acre tract;
Thence S 41° 58' 47" W — 1071.72 feet along the line between the said Kinman 27.09
acre tract and the said Texas A&M University 3.530 acre tract to a %2" iron rod with an
orange plastic cap stamped"H.P.Mayo RPLS 5045"set at the common corner of same in
the northeast line of the said Walter Gilmore 15.013 acre tract, from which a%"iron pipe
(disturbed) was found N 42° E— 1.5 feet and a 4"square concrete monument was found
5 37°03' 19"E— 101.15 feet at the most easterly corner of the said Gilmore tract; 4
Thence N 37° 03' 19"W—712.81 feet along the line between the said Gilmore tract and
the said Kinman tract to the Point of Beginning and containing 26.073 acres of land more
or less.
Bearings are Texas State Plane, NAD83(1986) datum, based on 1994 City of College
Station GPS monuments no. 165 and no. 203 (S 49° 19' 39" W). See survey plat
prepared with this written description.
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22B OR B217 148Joe Orr,Inc.
Surveyors&Engineers
2167 Post Oak Circle
College Station, TX 77845
(979)690-3378
Proposed Defined Easement
Citgo Products Pipeline Company
City of College Station Cemetery Tract
College Station,Texas
Revised May 2007
All those certain tracts or parcels of land lying and being situated in the J.E. Scott
League, Abstract No. 50, in College Station, Brazos County, Texas, being a part of that
18.481 acre tract conveyed to the City of College Station by deed recorded in Volume
7488, Page 273 and that 26.073 acre tract conveyed to the City of College Station by
deed recorded in Volume 7252,Page 21 of the Official Public Records of Brazos County,
Texas, and being more particularly described:
Proposed 50' Easement
Beginning in the northwest line of the said City of College Station 18.481 tract S 42° 03'
43" W— 405.80 feet from a %z" iron rod with a plastic cap stamped "Goodwin Lasiter"
found at the north corner of the said 18.481 acre tract and in the southwest line of Lot 1
of Valley Park Center according to plat recorded in Volume 7675, Page 282 of the
Official Records of Brazos County, Texas.
Thence S 47° 23' 48" E— 1000.85 feet through the said City of College Station tracts to
an angle point;
Thence S 54° 08' 48"E—757.29 feet continuing through the said City of College Station
26.073 acre tract to the northwest right-of-way line of Raymond Stotzer Parkway (F.M.
60);
Thence S 40° 38' 40"W—50.18 feet along said right-of-way line to a point which bears
N 40° 38' 40" E — 107.97 feet from a 1/2" iron rod with an orange plastic cap stamped
"H.P. Mayo RPLS 5045" set at the common corner of the said City of College Station
26.073 acre tract and that 2.4483 acre tract conveyed to the City of College Station by
deed recorded in Volume 2625, Page 206 of the Official Public Records of Brazos
County,Texas;
Thence N 54° 08' 48" W— 756.05 feet through the said City of College Station 26.073
acre tract to an angle point;
Thence N 47°23' 48" W- 1003.32 feet through the said City of College Station tracts to
the northwest line of the said City of College Station 18.481 acre tract; eclat Da,
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Thence N 42° 03' 43"E—50.00 feet along the northwest line of the said City of College
Station 18.481 acre tract to the Point of Beginning and containing 2.019 acres of land
more or less.
Proposed 15'Easement
Beginning in the line between the said City of College Station 18.481 tract and Valley
Park Center according to plat recorded in Volume 7675,Page 282 of the Official Records
of Brazos County, Texas, S 47° 55' 58"E—596.95 feet from a %"iron rod with a plastic
cap stamped"Goodwin Lasiter"found at the north corner of the said 18.481 acre tract;
Thence S 47° 55' 58" E — 25.00 feet along the line between the said City of College
Station 18.481 tract and the said Valley Park Center;
Thence S 42° 05' 21"W-45.00 feet through the said 18.481 acre tract to an angle point;
Thence S 87° 05' 21" W— 14.14 feet continuing through the said 18.481 acre tract to an
angle point;
Thence S 42° 05' 21" W—356.53 feet continuing through the said 18.481 acre tract and
the said 26.073 acre tract to the northeast line of the proposed 50' wide easement;
Thence N 47° 23' 48" W— 15.00 feet continuing through the said 26.073 tract to a point
located S 47° 23' 48" E — 596.78 feet from a point in the northwest line of the said City
of College Station 18.481 acre tract;
Thence N 42° 05' 21"E—411.32 feet continuing through the said City of College Station
tracts to the Point of Beginning and containing 0.153 acres of land more or less.
Bearings are Texas State Plane, NAD83(1986) datum, based on 1994 City of College
Station GPS monuments no. 165,and no. 203 (S 49° 19' 39"W).
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AMENDMENT NO. 1
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF COLLEGE STATION
AND TEXAS A&M UNIVERSITY FOR THE WHOLESALE TREATMENT OF
DOMESTIC SANITARY WASTE
WHEREAS, CHAPTER 791 of the TEXAS GOVERNMENT CODE, also known as the
INTERLOCAL COOPERATION ACT, authorizes all local governments to contract with
each other to perform functions or services that each party to the contract is authorized
to perform individually; and
WHEREAS, the City of College Station, a home rule municipality incorporated
under the laws of the State of Texas (hereinafter referred to as "CITY") desires to
amend the Interlocal Agreement dated November 11, 1998,with Texas A&M University,
a land grant University and agency of the State of Texas (hereinafter referred to as
"TAMU")for the purpose of authorizing TAMU to treat wastewater on behalf of CITY on
a wholesale contract basis under the rates, terms and conditions set forth in this
Agreement; and
WHEREAS, CITY is authorized to provide wastewater collection and treatment
services for customers within its municipal limits pursuant to Section 13.242 of the
TEXAS WATER CODE; and
WHEREAS, any property to be served will be within CITY's certificated service
area for retail sewer service; and
WHEREAS, the CITY considers it in its best interests to direct the sanitary
wastewater flow from the property to TAMU for treatment, and
WHEREAS, TAMU currently has sufficient capacity within its Texas Commission
on Environmental Quality Permit at its wastewater treatment plant to treat the quantities
of domestic sanitary sewer wastewater contemplated in this Agreement, and TAMU
currently has, and expects to maintain for the term of this contract, sufficient capacity to
treat this wastewater, and
WHEREAS, TAMU is willing to accept and treat this sanitary wastewater under
the terms and consideration provided herein as long as the hydraulic and constituent
characteristics of the wastewater do not cause its TCEQ Permit to be violated; and
WHEREAS, CITY desires to increase the number of connections provided for
under the Interlocal Agreement dated November 11, 1998, (the "original Agreement");
NOW, THEREFORE, for and in consideration of the promises and agreements
contained herein and the recitations set forth hereinabove, the parties hereby amend
the original Agreement pursuant to the above-named act to authorize CITY to increase
the number of connections and the amount of wastewater to be discharged under the
original Agreement and to increase the amount of wholesale domestic sanitary
wastewater treatment services on behalf of CITY under the following terms and
conditions.
c2 roup/lega)nnterlocal agreemenrshamu/FINAL 10-27-03(LA-CS-WWT..doc
' . 7
1. Description of the Waste Water
1.01 The estimated daily average wastewater flow rate for each designated
point of delivery is as follows:
1.01.1 Delivery Point A(Callaway House) 39,000 gallons
1.01.2 Delivery Point B (Pornada Tract) 48,000 gallons
1.02 The estimated daily peak wastewater flow rate for each designated point
of delivery is as follows:
1.02.1 Delivery Point A (Callaway House) 117,000 gallons
1.02.2 Delivery Point B (Pomade Tract) 144,000 gallons
1.03 The estimated wastewater strength will be typical domestic waste with an
average five-day biochemical oxygen demand of less than 200 milligrams
per liter and suspended solids of less than 200 milligrams per liter.
1.04 The wastewater will comply in every regard with the Industrial Waste
Regulations of the CITY, specifically including, but not limited to,
prohibited discharges and stormwater and unpolluted discharges,
1.05 The CITY will remit to TAMU any surcharge for wastes of abnormal
strength as defined in the CITY Industrial Waste Regulations.
1.06 Compliance with the wastewater hydraulic and constituent characteristics
of this section will normally be established by a twenty-four hour flow
composite sample performed by the CITY taken before the end of the
third month following initial flow of wastewater to TAMU and annually
thereafter. TAMU may, at its own expense, take flow, grab or composite
samples of this waste stream at any time.
2. Term &Termination
2.01 The Agreement was automatically renewed for three (3) years, on
November 12, 2001= and will continue until November 11, 2004.
Thereafter this contract will automatically renew every three (3) years
upon the same terms and conditions until the Agreement is terminated
according to the provisions of Paragraph 2.02. This amendment does not
alter the term of the original Agreement as renewed and shall take effect
immediately after it is full executed in accordance with Section 13 herein.
2.02 Subject to the provisions of Paragraph 2.07, either party may cancel this
Agreement by providing written notice to the other party. Such termination
shall not be effective, and TAMU shall continue to provide domestic
sanitary wastewater treatment services, until CITY is able to find an
alternate method of treating said wastewater, or one (1)year from the date
of receipt of notice of termination, whichever occurs first.
2.03 In the event the constituent characteristics of the domestic sanitary sewer
wastewater as described herein causes a violation of the TAMU TCEQ
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permit, TAMU may immediately disconnect, or plug, the connection to its
sewer system until the condition is cured. Further, under these conditions,
the CITY agrees to be liable for regulatory fines to TAMU associated with
each such permit violation.
2.04 During the term of this Agreement, TAMU agrees to and shall treat the
quantities of domestic sanitary sewer wastewater described herein.
2.05 If the average daily wastewater flows exceed those estimated herein by
more than fifty percent (50%) over a three-month period, either party may
initiate termination.
2.06 If the TAMU wastewater flows approach the planning for expansion
threshold established in the TCEQ permit, either party may initiate
termination.
2.07 For either of the hydraulic situations described in paragraphs 2.05 or 2.06
above, TAMU and the CITY agree to explore other alternatives to
termination such as a CITY offsetting contribution toward costs associated
with planning for and providing additional treatment capacity.
3. Terms and Conditions of Service
3.01 CITY will deliver to TAMU at each point of delivery designated by TAMU
during the term of this Agreement domestic sanitary sewer waste in the
amounts and constituent characteristics as described in Section 1 above
and facilities contained thereon.
3.02 At each point of delivery designated herein, title and responsibility for the
domestic sanitary sewer wastewater shall pass from CITY to TAMU.
3.03 CITY will design, construct, own and maintain an adequately sized sewer
system to connect to each point of delivery. The diagrams attached
hereto as Exhibits "A" and "B" depict the layouts for the location of the
improvements required for Delivery Points A and B respectively. The
parties hereto agree that the sanitary sewer line constructed shall be
according to CITY'S plans and specifications in compliance with TCEQ
requirements.
3.04 Prior to connection to the TAMU sewer, the CITY shall show the point of
delivery in a scaled drawing and deliver it to TAMU. No construction
upon TAMU property will be initiated prior to written authorization from
TAMU,which authorization shall not be unreasonably withheld.
3.05 The City and TAMU mutually agree to the normal and customary practice
in restoring any service interruption.
3.06 CITY agrees to obtain TAMU concurrence for any construction or
maintenance activities with this connection.
3.07 CITY agrees to restore any damaged landscaping, paving, irrigation etc.
disturbed as a result of construction or maintenance of this connection.
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O/groupRegantacrlocal ggreamenholainWFINAL 10-27-03 ILA-CS-WWI:doe
4. Wholesale Contract Rate
The rate charged by TAMU and paid by CITY on a monthly basis shall be the
rate TAMU charges Auxiliary Enterprises on campus.
5. Metering
The parties agree that the monthly quantity of domestic sanitary sewer waste for
billing purposes will be equal to 100% of the quantity of potable water delivered by CITY
to any facility served by this connection, as metered and billed to the facility by CITY.
CITY will furnish, install, operate, and maintain at its expense the necessary equipment
and devices of standard type required for properly measuring the quantity of potable
water furnished to the facilities. TAMU shall have access to such metering equipment
at all reasonable times for inspection and examination. If CITY is unable to read any
meter at the end of a month, CITY shall estimate the quantity of potable water furnished
to the facility in accordance with its standard billing practice. Reconciliation of actual to
estimated billing will be made within three (3) months of the estimated billing.
6. Payment
6.01 CITY shall provide TAMU with metered monthly quantities on or about the
5 day of each month. Billing shall be rendered by TAMU on or about the
25 ' day of each month. CITY shall make payment not later than thirty
(30) days after the billing date of each month.
6.02 The obligation of the CITY to make payments under this Agreement shall
constitute an operating expense of its wastewater system payable solely
from the revenues and receipts of such system.
7. Capacity
TAMU represents that it currently has sufficient capacity at its wastewater
treatment plant to accept and treat the domestic sanitary sewer wastewater, of
hydraulic and constituent characteristics described herein. Additionally, TAMU
represents that accepting the additional estimated flows, of the hydraulic and
constituent characteristics described herein, will not violate any current terms of their
wastewater permit issued by the TCEQ or the EPA.
8. Hold Harmless
To the extent permitted by law and subject to the limitations as to damages in
the Texas Tort Claims Act, CITY and TAMU agree to hold each other harmless from
and against any and all claims, losses, damages, causes of action, suits, and liability of
every kind, including all expenses of litigation, court costs, and attorney's fees, for injury
to or death of any person, for damage to any property, or for any breach of contract,
arising out of or in connection with the work done under this Agreement to the extent
authorized by the laws and Constitution of the State of Texas.
9. Force Majeure
If for any reason of "force majeure," either CITY or TAMU shall be rendered
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unable, wholly or in part, to carry out its obligation under this Agreement, other than the
obligation of CITY to make the payments required under the terms of this Agreement,
then if the party shall give notice of the reasons in writing to the other party within a
reasonable time after the occurrence of the event, or cause relied on, the obligation of
the party giving the notice, so far as it is affected by the "force majeure," shall be
suspended during the continuance of the inability then claimed, but for no longer period.
The term «force majeure" as used in this Agreement shall means acts of God, strikes,
lockouts, or other industrial disturbances, acts of public enemy, orders or actions of any
kind of government of the United States or of the State of Texas, or any civil or military
authority, insurrections, riots, epidemics, land slides, lightning, earthquakes, fires,
hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and
people, civil disturbances, explosions, breakage or accident to machinery, pipelines, or
other structures, partial or entire failure of wastewater collection and treatment system
including pollution (accidental or intentional), and any inability on the part of TAMU to
transport or treat wastewater on account of any other cause not reasonably within the
control of the party claiming the inability.
10. Invalidity
If any provision of this Agreement shall be held to be invalid, illegal or
unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality,
and enforceability of the remaining provisions shall not in any way be affected or
impaired thereby. The parties shall use their best efforts to replace the respective
provision or provisions of this Agreement with legal terms and conditions approximating
the original intent of the parties.
11. Notices and Payments
11.01 Unless otherwise specified, written notice shall be deemed to have been
duly served if delivered in person to the individual listed in Paragraph
11.02 herein, or if it is delivered or sent certified mail to the address listed
in Paragraph 11.02 herein.
11 .02 All notices and payments shall be sent and provided to the parties at the
addresses and telephone numbers listed below:
CITY OF COLLEGE STATION
Attention: Director of Public Utilities
1601 Graham Road
College Station, Texas 77845
With a copy to: City Manager and City Attorney
1101 Texas Avenue
College Station,TX 77840
TEXAS A&M UNIVERSITY
Attention: Vice President for Administration
Mail Stop 1247
TAMU
College Station, Texas 77843
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negmup/lega!/[nurrioeaf ggreemen tamulFINrtL 10-17-03!L -rS-WW7:.doe
11.03 The parties may change addresses for billing and payment upon thirty
(30) days written notice sent certified mail, return receipt requested. Any
other notices provided or required in this Agreement, except for change of
address for billings and payments, may be provided by written notice or
other means as provided in this Agreement.
12. Entire Agreement
It is understood that this Agreement contains the entire agreement between the
parties and supersedes any and all prior agreements, arrangements, or understandings
between the parties relating to the subject matter. No oral understandings, statements,
promises or inducements contrary to the terms of this Agreement exist. This
Agreement cannot be changed or terminated orally. No verbal agreement or
conversation with any officer, agent or employee of CITY, either before or after the -
execution of this Agreement, shall affect or modify any of the terms or obligations
hereunder.
13. Amendment
The parties may amend this Agreement upon mutual agreement of the parties.
No amendment to this Agreement shall be effective and binding unless and until it is
reduced to writing, approved by the appropriate authority of each respective entity, and
signed by duly authorized representatives of both parties.
14. Texas Law
This Agreement has been made under and shall be governed by the laws of the
State of Texas.
15. Place of Performance and Venue
Performance and all matters related thereto shall be in Brazos County, Texas,
United States of America and venue shall lie in a court of competent jurisdiction in
Brazos County, Texas.
16. Authority to Enter Contract
Each party has the full power and authority to enter into and perform this
Agreement, and the person signing this Agreement on behalf of each party has been
properly authorized and empowered to enter into this Agreement. The persons
executing this Agreement hereby represent that they have authorization to sign on
behalf of their respective entities.
17. Waiver
Failure of any party, at any time, to enforce a provision of this Agreement, shall
in no way constitute a waiver of that provision, nor in any way affect the validity of this
Agreement, any part hereof or the right of either party thereafter to enforce each and
every provision hereof. No term of this Agreement shall be deemed waived or breach
excused unless the waiver shall be in writing and signed by the party claimed to have
waived. Furthermore, any consent to or waiver of a breach will not constitute consent
to or waiver of or excuse of any other different or subsequent breach.
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18. Agreement Read
The parties acknowledge that they have read, understand and intend to be
bound by the terms and conditions of this Agreement.
19. Assignment
This Agreement and the rights and obligations contained herein may not be
assigned by TAMU or CITY without the prior written approval of the other party.
20. Multiple Originals
It is understood and agreed that this Agreement may be executed in a number
of identical counterparts, each of which shall be deemed an original for all purposes.
SIGNED this the fit' day of Aram 200*
TE &M UNIV,pEall CITY OF COLLEGE STATION
r4-41 ‘ g
By:
I K. Sue Redma Ron
By: via, Mayor
Senior Vice-President & CFO
ATTEST:
0,-ehyt‘.2.t. 4(4_,
Connie Hooks, City Secretary
APPROVED:
iettkiimAkv,Itgj
City Attorney
jivi.5/441,
omas E. Brymer, City Manager
C arles Cryan, Di for/Fiscal Services
7 of 8
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•
STATE OF TEXAS )
ACKNOWLEDGMENT
COUNTY OF BRAZOS )
T i tr a ,
acknowledged before me on this day of fa
2006; bydmn r in her capacity as Senior VP_&_CFO
University, an agency of the State of Texas, on its behalf.
i/ Aka& '
► . : Public i and or(
the tate of Texas '
41/ ", MUSANH.YEACIER
1MY CCMMISSION EXPIRES
�
001051 7.2005 J'
STATE OF TEXAS
ACKNOWLEDGMENT
COUNTY OF BRAZOS )
This instrument was acknowledged before me on this�ay
dof '
2003, by Ron Silvia in his capacity as Mayor of the City of College Station, a Texas
home-rule municipal corporation, on its behalf.
04114t4;
Notary Public in and for
the State of Texas
1
- E HOOKS
�/, A Navy Public,Meta of Tom
M1��/y W cmrnwl o E>c&ss
F�BRllA1aV 18,2006
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J Y
. t
. AMENDMENT TO RIGHT OF WAY AGREEMENT
THIS AMENDMENT TO RIGHT-OF-WAY AGREEMENT ("Amendment") is made
this 3,,a. day of 74- t , 2007, by and between
CITGO Products Pipeline Companyja Delaware corporation, with offices at 6100 South Yale,
Tulsa, Oklahoma 74136, hereinafter called "CITGO", and the CITY OF COLLEGE STATION,
TEXAS, a Texas Home Rule Municipal Corporation, whose mailing address is P.O. Box 9960,
College Station, Texas 77842,hereinafter called "OWNER".
WHEREAS, CITGO is the present owner of certain rights-of-way and easements
("Easements") over certain lands located in the J.H. Jones League, Abstract No. 26, and the J.E.
Scott Survey, Abstract No. 50, in Brazos County, Texas, granting to CITGO the right to lay,
maintain, inspect, operate, alter, repair, replace. remnvP ^r,1 lay a pipe line for the
transportation of crude 1 " ' is of each thereof, water,
and other substances of a lent and appurtenances as
may be necessary or con Oursuant to the following
described instruments,wl C:17. � (- O of Brazos County, Texas:
1. Right-of-Wayfining Company,
dated April
1C � �1 _cue.✓�'� e Deed Records of
Brazos County.
2. Right-of-Way 1 _(` F u' apt :ve ming Company,
dated April 10 1'' PR' )eed Records of
Brazos County, lume 133, pages
.196 and 441, I ;ned in Volume
147, page 417, t Volume 1559,
page 175, Offici ltion in Volume
371,page 184, L
WHEREAS, OWNER is the current owner of certain property and lands which are
subject to the Easements, said lands are located in the J.H. Jones League, Abstract No. 26, and
the J.E. Scott Survey, Abstract No. 50, in Brazos County, Texas, pursuant to a Special Warranty
Deed from Board of Regents of the Texas A&M Unive •
recorded in Volume 7488, Page 273, Official Records of B
Deed from Board of Regents of the Texas A&M Unive
recorded in Volume 7488, Page 270, Official Records of B
Warranty Deed from Gerald L. Kinman and Joyce N. Kinm
Volume 7252, Page 21, Official Records of Brazos County
described in EXHIBITS "A"through"D"attached hereto an
WHEREAS, OWNER, hereby covenants with CITG
that OWNER is the lawfully seized owner in fee simple of th
Doc Bk Vol P•ti
00975223 DR B217
WHEREAS, OWNER and CITGO desire to amend the Easement to limit and define the
area covered by the Easement (the "Right-of-Way"), and to set forth certain understandings and
agreements of the Parties, subject to the terms and conditions herein contained.
NOW THEREFORE, for and in consideration of the mutual covenants contained herein,
OWNER and CITGO by the acceptance of this Amendment and the exercise of any rights under
the Easement, and as part of the consideration for the grant herein contained, hereby covenant
and agree that the Easement is hereby further amended as follows:
1. OWNER, for itself and its heirs, successors and assigns, hereby covenants with
CITGO, its heirs, successors and assigns, that OWNER is lawfully seized in fee
simple of the above-described Property; that it has a good right to convey; and that
OWNER, its heirs, successors and assigns, willforever warrant and defend all of the
rights so granted to CITGO, its heirs, successors and assigns, against every person
lawfully claiming the same or any part thereof, when the claim is by, through, or
under OWNER,but not otherwise.
2. The legal descriptions as contained in the Easements are hereby deleted and the legal
description of the Easement as more fully described on Exhibit "E" is substituted
therefore ("Right-of-Way").
3. Upon completion of any work on the Right-of-Way, CITGO shall, at CITGO's sole
cost and expense, immediately restore the surface of the Right-of-Way as near to its
original unimproved condition as possible.
4. CITGO shall set and maintain visible monuments of a durable nature where the
Pipeline enters and leaves the Property and at such other locations as may be
appropriate to properly delineate the Pipeline location never less than at any point
where there is a material change in direction followed by the Pipeline, except where
prohibited by the Texas Department of Transportation.
or waived
5. Except as expressly agreed, approvedby both CITGO and OWNER, in
writing,the rights under the Right-of-Way are conditioned upon the following:
(a) No permanent or temporary buildings or other structures shall be
constructed, stored or allowed to exist within the Right-Of-Way.
(b) CITGO shall be notified forty-eight(48) hours in advance before any work
begins within the Right-of-Way. This notification shall come through the
DIG-Tess System at 1-800-344-8377.
(c) No trees shall be placed or allowed to grow within the Right-of-Way.
(d) OWNER shall retain the right to construct and maintain streets, sidewalks,
monuments, signs, irrigation systems, landscaping, fences, park benches,
statuary and similar improvements upon the Right of Way. Owner shall
reimburse CITGO for any actual and reasonable expenses incurred by
10000
2 4.0.
'Doc LIE; V�DJ r'
�IUC'TC22$ UR 3217 1 al.
CITGO in making any alteration to the pipeline which may be needed due
to the installation or maintenance of said improvements.
(e). Pipeline signs placed within the Right-of-Way by CITGO shall at all times
remain easily distinguishable from the air or from the access road.
(f) CITGO shall at all times maintain at least thirty-six inches (36") of
undisturbed soil over the Pipeline located within the Right-of-Way,
except, that at least forty-eight inches (48") of undisturbed soil will be
maintained over any portion of the Pipeline located within fifty feet (50')
of any building or structure which is or may be used for human occupancy.
(g) CITGO shall at all times maintain the existing grade located within ten
feet(10') either side of the centerline of the Pipeline and adequate erosion
control devices will be installed by CITGO to prevent excessive erosion
within the Right-of-Way.
(h) No stockpiling of dirt or debris within the Right-of-Way will be allowed
except due to emergency operations.
(i) No heavy construction equipment of a type which has axle loads
exceeding twenty thousand (20,000) pounds per axle shall be allowed to
operate, cross or park over or within the Right-of-Way.
(j) All public utility service and transmission lines shall cross at angles equal
to or greater than thirty degrees to the Pipeline, but not longitudinally
within,the Right-of-Way.
(k) A minimum of eighteen inches (18") vertical clearance between the
Pipeline and all proposed service lines shall be maintained.
(1) Any telephone, cable and electrical lines laid across or under the Pipeline
will be encased in steel conduit and in red concrete following the above
restrictions.
(m) If it is necessary at any time for CITGO to damage or remove any portion
of any permitted improvements lying within the Right-of-Way to gain
access to the Pipeline for installation, repair, maintenance, or any other
purpose whatsoever permitted under the Easement and/or the Right-of-
Way, CITGO may damage or remove those improvements. CITGO, at its
sole cost and expense, shall be obligated to immediately repair or replace
any improvements damaged or removed by CITGO. CITGO shall be
obligated and liable to OWNER for damages resulting from the damage or
removal of any portion of the improvement within the Right-of-Way.
(n) OWNER agrees Chat if, at any time it becomes necessary for CITGO to
ingress, cross, or occupy the Property for purposes of constructing,
maintaining, inspecting, repairing, replacing or removing the Pipeline,
CITGO shall have temporary access across, over and through the Property
for such purposes. CITGO shall be obligated to repair or replace any
improvements damaged or removed by CITGO and shall be obligated and
liable to OWNER for damages resulting from access across over and
through the Property.
4e.al De,
E
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3
'Doc Bk voi FSG
Oi k5 r= 2B OR 8217 137
(o) Except for emergency repair, CITGO shall notify CITY in writing seven(7)
days in advance before any work begins within the Right-of-Way.
6. Any notice to be given hereunder shall be given by mailing the same by United States
registered or certified mail, postage prepaid, to the address hereinbelow shown of the
party being notified,as follows:
OWNER: City of College Station
P.O.Box 9960
College Station, TX 77842
ATTN: City Manager
CITGO: CITGO Products Pipeline Company
P.O. Box 3758
Tulsa, OK 74102
ATTN: Real Estate Manager
or to such other address as the parties may from time to time specify in writing by
notice given in the manner provided above. Date of mailing shall constitute date of
such notice.
I7. The rights herein granted shall be deemed covenants running with the land covered by
the Right-of-Way and shall inure to the benefit of and be binding upon the parties
hereto,their heirs, successors,personal representatives and assigns.
8. Except as herein modified, all terms and conditions of the Easement shall remain in
full force and effect and the execution of this Amendment shall be in no way deemed
to constitute a waiver of any right or claim of either OWNER or CITGO under or by
virtue of the Easement and each of the undersigned does hereby ratify, approve,
confirm and adopt the above described Easement. In the event of a conflict between
the above and any other provisions contained in the Easement, the above shall prevail
to the extent of such conflict
10'
3 Oeoti
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4 'rove!
DOC Bk Vol Ps
00975228 OR 2217 138
EXECUTED the ,FLA day of ztl.S' ' , 2007, the
parties hereto acting by and through the duly authorize presentative of each.
CITGO: OWNER:
CITGO PRODUCTS PIPELINE COMPANY CITY OF COLLEGE STATION,TEXAS
;Nkt
BY: BY: s�, 7
Printed Name: L31164.+ 101• 14A':C1— Printed Name:
Title: V.P Title:
Date 9-3-ool ` Date:
,`")1
APPR•VED:
Chief i : ,cid • `• er
I
4 5edfl 4
City Attorney
i (AS
THE STATE OF AKL—firlieMA §
' r §
COUNTY OF T kill- 'f §
This instrument was acknowledged before me this 044 day of
, 2007, by dc. .t1 t o I.. r. ., as Vice-President of CITGO
PR DUCTS PIPELINE COMPANY, a Delaware corporation,on behalf of said corporation.
SOAI
Given under my hand and seal of office,this day of , 2007.
Notary Public, State of 9ma TeJ
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r.p•• G.fy •.toiz,Y"::uI�r,Mate�f Texas
�„`• 1441'C�n-Imission expt 5
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009t�5228 OR 8217 3c?'
THE STATE OF TEXAS §
§
• COUNTY OF BRAZOS §
Before me, the undersigned authority, on this day personally appeared
! err C!/dere , known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same
for the purposes and considerations therein expressed and in the capacity therein and herein
• stated and as the act and deed of said the City of College Station, a Texas Home Rule Municipal
Corporation.
Given under my hand and seal of office,this 3roI day of T64,1 y ,2007.
Aciaver
o Public, State of Texas
Type or Print Name
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:�_*^.'F.'•• t JAN SCHWARTZ S
° _6 ': : NOTARY PUBLIC `
'* icy *' State of Texas
.•'•t•'';i *. Comm.Exp. 04-08-2010
PREPARED IN THE OFFICE OF: RETURN ORIGINAL DOCUMENT TO:
City of College Station City of College Station
Legal Department Legal Department
P.O.Box 9960 P.O.Box 9960
College Station,Texas 77842-9960 College Station,Texas 77842-9960
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