HomeMy WebLinkAboutFolder 13-73FOR OFFIC~E ONLY
CASE NO.: \ ~ :13
C ITY OF C orr.EGE STATION
Home ofTexas A&M University"
DATE SUBMITTED: 3 • &\1 · \3
TIME: Vi'~'\ -
STAFF: __.,~~-----~
(Check one) D Minor
($700)
FINAL PLAT APPLICATION
D Amending
($700)
[8] Final
($932)
D Vacating
($932)
0Replat
($932)
Is this plat in the ET J? D Yes [8J No Is this plat Commercial D or Residential [8]
MINIMUM SUBMITTAL REQUIREMENTS: g $700-$932 Final Plat Application Fee (see above).
'® $233 Waiver Request to Subdivision Regulations Fee (if applicable).
¥$600 (minimum) Development Permit Application I Public Infrastructure Review and Inspection Fee. Fee is
1 % of acceptable Engineer's Estimate for public infrastructure, $600 minimum (if fee is > $600, the balance is
due prior to the issuance of any plans or development permit).
[8J Application completed in full. This application form provided by the City of College Station must be used and
Jlay not be adjusted or altered. Please attach pages if additional information is provided.
~Fourteen (14) folded copies of plat. (A signed mylar original must be submitted after approval.)
~wo (2) copies of the grading, drainage, and erosion control plans with supporting drainage report.
~ Two (2) copies of the Public infrastructure plans and supporting documents (if applicable).
/ff). 9 opy of original deed restrictions/covenants for replats (if applicable).
«Title report for property current within ninety (90) days or accompanied by a Nothing Further Certificate
current within ninety (90) days. The report must include applicable information such as ownership, liens,
y cumbrances, etc.
~Paid tax certificates from City of College Station, Brazos County and College Station l.S.D.
[8J The attached Final Plat checklist with all items checked off or a brief explanation as to why they are not.
NOTE: A mylar of the approved preliminary plan must be on file before a final plat application will be considered
complete. If the mylar is submitted with the final plat application, it shall be considered a submittal for the
preliminary plan project and processed and reviewed as such. Until the mylar has been confirmed by staff
to be correct, the final plat application will be considered incomplete.
Date of Optional Preapplication or Stormwater Management Conference
NAME OF PROJECT The Barracks If Subdivision Section 200
ADDRESS Intersection of Deacon Drive and Towers Parkway
SPECIFIED LOCATION OF PROPOSED PLAT:
East Side of Holleman Drive South between Cain Road and Rock Prairie Road
IV /A
APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project):
Name Heath Phillips E-mail heath_superiorstructures@yahoo.cof"\
Street Address 516 Deacon Drive West
City College Station State Tx Zip Code 77845 ------
Phone Number 979-229-5906 Fax Number 979-703-7903
~~~~~~~~~~~~~~~~
1 /11 Page 1 of9
..
PROPERTY OWNER'S INFOR ION (All owners must be identified. Please attach an additional sheet for multiple
owners):
Name Heath Phillips Investments, LLC (Heath Phillips, manager) E-mail heath_ superiorstructures@yahoo.co
Street Address 516 Deacon Drive West
City College Station State Tx Zip Code _7_78_4_5 ___ _
Phone Number 979-229-5906 Fax Number 979-703-7903
---------------~
ARCHITECT OR ENGINEER'S INFORMATION:
Name Schultz Engineering, LLC -Joe Schultz E-mail joeschultz84@verizon.net
Street Address 2730 Longmire Drive, Suite A
City College Station State TX Zip Code _7_78_4_5 ___ _
Phone Number 979. 764.3900 Fax Number 979. 764.3910 -----------------
Do any deed restrictions or covenants exist for this property? [8J Yes D No
Is there a temporary blanket easement on this property? If so, please provide the Volume ____ and Page No. __ _
Total Acreage _5._9_2_8 _______ _ Total No. of Lots 28 ------R-0-WAcreage _1_.7_2_a_c ____ _
Existing Use Vacant
-------------~
Proposed Use Single Family Residential
Number of Lots By Zoning District 28 POD
Average Acreage Of Each Residential Lot By Zoning District:
0.15 I POD
Floodplain Acreage _N_o_n_e ________________________________ _
Is there Special Flood Hazard Area (Zone A or Zone AE on FEMA FIRM panels) on the property? n ves fXl No
This information is necessary to help staff identify the appropriate standards to review the application and will be used to
help determine if the application qualifies for vesting to a previous ordinance. Notwithstanding any assertion made,
vesting is limited to that which is provided in Chapter 245 of the Texas Local Government Code or other applicable law.
Is this application a continuation of a project that has received prior City platting approval(s) and you are requesting the
application be reviewed under previous ordinance as applicable?
[8] Yes
D No
If yes, provide information regarding the first approved application and any related subsequent applications (provide
additional sheets if necessary):
Project Name: THE BARRACKS II (PP)
City Project Number (if known): 12 -00500141
Date I Timeframe when submitted: 07/06/12
1 /11 Page 2 of 9
A statement addressing any differences between the Final Plat and Preliminary Plan (if applicable):
Requested waiver to subdivision regulations and reason for same (if applicable):
Regarding the waiver request, explain how:
1. There are special circumstances or conditions affecting the land involved such that strict application of the
subdivision regulations will deprive the applicant of the reasonable use of his land.
2. The waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant.
3. The granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other
property in the area, or to the City in administering subdivision regulations.
4. The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in
accordance with the provisions of the Unified Development Ordinance.
Fee in lieu of sidewalk construction is being requested because of the following condition (if applicable):
1. [J An alternative pedestrian way or multi-use path has been or will be provided outside the right-of-way;
2. D The presence of unique or unusual topographic, vegetative, or other natural conditions exist so that strict
adherence to the sidewalk requirements of the UDO is not physically feasible or is not in keeping with the
purposes and goals of the UDO or the City's comprehensive Plan ;
3. [J A capital improvement project is imminent that will include construction of the required sidewalk. Imminent shall
mean the project is funded or projected to commence within twelve (12) months;
4. D Existing streets constructed to rural section that are not identified on the Thoroughfare Plan with an estate I
rural context;
5. C When a sidewalk is required along a street where a multi-use path is shown on the Bicycle, Pedestrian, and
Greenways Master Plan;
1/11 Page 3 of 9
6. D The proposed development is within an older residential subdivision meeting the criteria in Platting and
Replatting within Older Residential Subdivisions Section of the UDO; or
7. D The proposed development contains frontage on a Freeway I Expressway as designated by Map 6.6,
Thoroughfare Plan -Functional Classification, in the City's Comprehensive Plan.
Detailed explanation of condition identified above:
, __ __
NOTE: A waiver to the sidewalk requirements and fee in lieu of sidewalk construction shall not be considered at the
same time by the Planning & Zoning Commission.
Requested Oversize Participation None --------------------------------
Total Linear Footage of
Proposed Public:
1442' Streets
2884' Sidewalks
1035' Sanitary Sewer Lines
1581' Water Lines
0 Channels
1507' Storm Sewers
241' Bike Lanes I Paths
Parkland Dedication due prior to filing the Final Plat:
ACREAGE: freviovs l1 d~d.'cc-f-eJ t,.,.'ft. f/J. ... se.. /tJo
___ No. of acres to be dedicated + $ ____ development fee
___ No. of acres in floodplain
No. of acres in detention ---
___ No. of acres in greenways
OR
FEE IN LIEU OF LAND:
No. of SF Dwelling Units X $ = $ -----------~
(date) Approved by Parks & Recreation Advisory 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. IF THIS APPL/CATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE
PROPERTY, this application must be accompanied by a power of attorney statement from the owner. If there is more
than one owner, all owners must sign the application or the power of attorney. If the owner is a company, the application
must be accompanied by proof of authority for the company's representative to sign the application on its behalf LIEN
HOLDERS identified in the title report are also considered owners and the appropriate signatures must be provided as
described above.
Signature and title Oat
1/11 Page 4 of 9
CERTIFICATIONS REQUIRED FOR ALL DEVELOPMENT
Owner Certification:
1. No work of any kind may start until a permit is issued.
2. The permit may be revoked if any false statements are made herein.
3. If revoked, all work must cease until permit is re-issued .
4. Development shall not be used or occupied until a Certificate of Occupancy is issued.
5. The permit will expire if no significant work is progressing within 24 months of issuance.
6. Other permits may be required to fulfill local, state, and federal requirements. Owner will obtain or show
compliance with all necessary State and Federal Permits prior to construction including NOi and SWPPP.
7. If required, Elevation Certificates will be provided with elevations certified during construction (forms at slab pre-
pour) and post construction.
8. Owner hereby gives consent to City representatives to make reasonable inspections required to verify
compliance.
9. If, stormwater mitigation is required, including detention ponds proposed as part of this project, it shall be
designed and constructed first in the construction sequence of the project.
10. In accordance with Chapter 13 of the Code of Ordinances of the City of College Station, measures shall be taken
to insure that all debris from construction, erosion, and sedimentation shall not be deposited in city streets, or
existing drainage facilities. All development shall be in accordance with the plans and specifications submitted to
and approved by the City Engineer for the above named project. All of the applicable codes and ordinances of the
City of College Station shall apply.
11. The information and conclusions contained in the attached plans and supporting documents will comply with the
current requirements of the City of College Station, Texas City Code, Chapter 13 and associated BCS Unified
Design Guidelines Technical Specifications, and Standard Details. All development has been designed in
accordance with all applicable codes and ordinances of the City of College Station and State and Federal
Regulations.
12. Release of plans to (name or firm) is authorized for bidding purposes
on ly. I understand that final approval and release of plans and development for construction is contingent on
contractor signature on approved Development Permit.
13. I, THE OWNER, AGREE TO AND CERTIFY THAT ALL STATEMENTS HEREIN, AND IN ATTACHMENTS FOR
THE DEVELOPMENT PERMIT APPLICATION, ARE, TO THE BEST OF MY KNOWLEDGE, TRUE, AND
ACCURATE. -~,,~
Property Owner(s) Date
Engineer Certification:
1/11
1. The project has been designed to ensure that stormwater mitigation , including detention ponds, proposed as part
of the project will be constructed first in the construction sequence.
2. I will obtain or can show compliance with all necessary Local, State and Federal Permits prior to construction
including NOi and SWPPP. Design will not preclude compliance with TPDES: i.e., projects over 10 acres may
require a sedimentation basin.
3. The information and conclusions contained in the attached plans and supporting documents comply with the
current requirements of the City of College Station, Texas City Code, Chapter 13 and associated BCS Unified
Design Guidelines. All development ~~ n designed in accordance with all applicable codes and ordinances
of the City of College Station a e @nd eral Regulations.
4. I, THE ENGINEER, AGREE w a·e ·fftl<fi '-<(. AT ALL STATEMENTS HEREIN, AND IN ATTACHMENTS
FOR THE DEVELOPMENT li~IT CA'FJO,R ARE, TO THE BEST OF MY KNOWLEDGE, TRUE, AND
ACCUR JE. 3.~.: .................. 000 ••• °: •• t.~
l J SEPH P. SCHULTZ ·~ ~ •oe oe••••eec• .. eoo~oe•a"ci.•vu->o~•or
0 '·~r-:·· ~ b t>-(J """·"";·1'..:::·c.7-" l'"" -Ll • u"' '1 (1 ·.. f'~ ... _ .. ,,._ <'\ ,..,af>('J'../ ;;;
.,_ ~ .. ff':--~ ... , . .-··· .. ~~:~,7
ij \ .. .I.;? :J ~ • "' .r'.-.7 ~, _:ff-' Date Engineer
Page 5 of 9
(J -The following CERTIFICATIONS apply to development in Special Flood Hazard Areas.
Required for Site Plans, Final Plats, Construction Plans, Fill /Grading Permits, and Clearing Only
Permits:*
certify, as demonstrated in the attached drainage study, that the
alterations or development covered by this permit, shall not:
(i) increase the Base Flood elevation;
(ii) create additional areas of Special Flood Hazard Area;
(iii) decrease the conveyance capacity to that part of the Special Flood Hazard Area that is not in the floodway
and where the velocity of flow in the Base Flood event is greater than one foot per second. This area can
also be approximated to be either areas within 100 feet of the boundary of the regulatory floodway or
areas where the depth of from the BFE to natural ground is 18 inches or greater;
(iv) reduce the Base Flood water storage volume to the part of the Special Flood Hazard Area that is beyond
the floodway and conveyance area where the velocity of flow in the Base Flood is equal to and less than
one foot per second without acceptable compensation as set forth in the City of College Station Code of
Ordinances, Chapter 13 concerning encroachment into the Special Flood Hazard Area; nor
(v) increase Base Flood velocities.
beyond those areas exempted by ordinance in Section 5.11 .3a of Chapter 13 Code of Ordinances.
Engineer Date
Initial
D * If a platting-status exemption to this requirement is asserted, provide written justification under separate
letter in lieu of certification.
Required for Site Plans, Final Plats, Construction Plans, and Fill/ Grading Permits:
B. I, , certify to the following :
(i) that any nonresidential or multi-family structure on or proposed to be on this site as part of this application is
designed to prevent damage to the structure or its contents as a result of flooding from the 100-year storm.
Engineer Date
Additional certification for Floodway Encroachments:
C. I, ----------------·' certify that the construction, improvement, or fill covered by this
permit shall not increase the base flood elevation. I will apply for a variance to the Zoning Board of Adjustments.
Engineer Date
1/11 Page 6 of 9
0 0
Required for all projects proposing structures in Special Flood Hazard Area (Elevation Certificate
required).
Residential Structures:
D. I, , certify that all new construction or any substantial improvement
of any residential structure shall have the lowest floor, including all utilities, ductwork and any basement, at an
elevation at least one foot above the Base Flood Elevation. Required Elevation Certificates will be provided with
elevations certified during construction (forms at slab pre-pour) and post construction.
Engineer I Surveyor Date
Commercial Structures:
E. I, ________________ , certify that all new construction or any substantial improvement
of any commercial, industrial, or other non-residential structure are designed to have the lowest floor, including all
utilities, ductwork and basements, elevated at least one foot above the Base Flood Elevation
Engineer I Surveyor Date
OR
I, , certify that the structure with its attendant utility, ductwork,
basement and sanitary facilities is designed to be flood-proofed so that the structure and utilities, ductwork,
basement and sanitary facilities are designed to be watertight and impermeable to the intrusion of water in all
areas below the Base Flood Elevation, and shall resist the structural loads and buoyancy effects from the
hydrostatic and hydrodynamic conditions.
Required Elevation Certificates will be provided with elevations certified during construction (forms at slab pre-
pour) and post construction.
Eng ineer I Surveyor Date
Conditions or comments as part of approval:
1/11 Page 7 of 9
Existing
[g]
1 /11
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.)
[g] Drawn on 24" x 36" sheet to scale of 100' per inch.
[g] 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.
[g] Title Block with the following information:
[g] Name and address of subdivider, recorded owner, planner, engineer and surveyor.
[g] Proposed name of subdivision. (Subdivision name & street names will be approved through Brazos
County 911 .)
[g] Date of preparation.
[g] Engineer's scale in feet.
[g] Total area intended to be developed.
North Arrow.
Subdivision boundary indicated by heavy lines.
If more than 1 sheet, an index sheet showing entire subdivision at a scale of 500 feet per inch or
larger.
All applicable certifications based on the type of final plat.
[g] Ownership and Dedication
[g] Surveyor and/or Engineer
[g] City Engineer (and City Planner, if a minor plat)
[g] Planning and Zoning Commission (delete if minor plat)
[g] Brazos County Clerk
D Brazos County Commissioners Court Approval (ET J Plats only)
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.
If 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 21.084 of the Texas Water Code.
Location of the 100-Year Floodplain and floodway, if applicable, according to the most recent available
data.
Lot corner markers and survey monuments (by symbol) and clearly tied to basic survey data.
Matches the approved preliminary plan or qualifies as minor amendments (UDO Section 3.3.E.2).
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).
Proposed
[g] 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.
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.
Page 8 of 9
Existing
µ(fl
[8J
[8J
[8J
Proposed
~
[8J
[8J
[8J
Alleys.
Easements.
A number or letter to identify each lot or site and each block (numbered sequentially).
Parkland dedication/greenbelt area/park linkages. All proposed dedications must be
reviewed by the Parks and Recreation Advisory Board and documentation of their
recommendation provided prior to being scheduled for P&Z Commission consideration.
[8J 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:
[8J 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).
[8J Sewer Design Report.
[8J 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.)
[8J Water Design Report and/or Fire Flow Report.
[8J 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.
(Utilities of sufficient size/depth to meet the utility master plan and any future growth
areas.)
[8J Storm drainage system plan with contours, street profile, inlets, storm sewer and
drainage channels, with profiles and sections. Drainage and runoff areas, and runoff
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
layout of the subdivision.
[8J Detailed cost estimates for all public infrastructure listed above sealed by Texas P.E.
[8J Letter of completion for public infrastructure or guarantee I surety in accordance with UDO
Section 8.6.
[8J Drainage Report with a Technical Design Summary.
[8J Erosion Control Plan (must be included in construction plans).
[8J 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 provided in recordable form to the City prior to being scheduled
for P&Z Commission consideration .
[8J Are there impact fees associated with this development? [8J Yes 0 No
Impact fees must be paid prior to building permit.
[8J Will any construction occur in TxDOT rights-of-way? 0 Yes [8J No
If yes, TxDOT 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
1/11
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.
Print Form
Page 9 or 9
Brazos County Abstract Company
''More Than 140 Years of1itle Se1,1ice"
P.O. Box 4704 Phone: (979) 731-1900 3800 Cross Park Drive
Bryan, Texas 77805-4704 Fax: (979) 731-1381 Bryan, Texas 77802
BCAC GF NO. BC1300164
Title Report Prepared April 4, 2013
for
VICKI IDLLERT
"Experience Matters"
~ Brazos County Abstract Company
"1\ilore Than 140 Years of Title Service"
TITLE REPORT
Effective Date: April 3, 2013 at 8:00 am
GFNO: BC1300164
LEGAL DESCRIPTION:
Being all that certain tract or parcel of land lying and being situated in the CR.A WFORD
BURNETT LEAGUE, ABSTRACT NO. 7, College Station, Brazos County, Texas. Said tract
being a portion of the remainder of a called I 08.88 acre tract as described by a deed to Heath
Phillips Investments, LLC, recorded in Volume 9627, page 73 of the Official Public Records
of Brazos County, Texas, and a portion of the remainder of a called 27.02 acre tract as
described by a deed lo College Station lSD recorded in Volume 9626, page 76 of the Official
Public Records of Brazos County, Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found on the extension of the southeast line of Deacon
Drive W (85' r.o.w.) marking the north comer of Block 12, the Barracks 11 Subdivision, Phase
101, according to the plat recorded in Volume 11191, page 123 of the Official Public Records
of Brazos County, Texas;
THENCE: s 47° 45' 43" e along the common line of said remainder of I 08.88 acre tract and
said Block 12, at 374.00 feet pass a 1/2 inch iron rod found on the northwest line of Hayes
Lane (50' r.o.w.) marking the west comer of said Block 12, continue on for a total distance of
424.00 feet to the southeast line of Hayes Lane and the north comer of Block 14, the Barracks
II Subdivision, Phase 101;
THENCE: through said remainder of I 08.88 acre tract for the following calls:
S 42° 14' 17" W along the extension of the southeast line of Hayes Lane for a
distance of 90.92 feet to the beginning of a counterclockwise curve having a radius
of 25.00 feet;
Along said curve through a central angle of 90° 00' 00" for an arc distance of 39.27
feet (chord bears: S 02° 45' 43" E -35 .36 feet) to the end of said curve;
S 42° 14' 17" W for a distance of 50.00 feet lo the beginning of a counterclockwise
curve having a radius of 25.00 feet;
Along said curve through a central angle of 90° 00' 00" for an arc distance of 39.27
feet (chord bears: S 87° 14' 17'' W -35.36 feet) lo the end of said curve;
N 47° 45' 43" W for a distance of 50.00 feel to the beginning of a counterclockwise
curve having a radius of 25.00 feel;
Along said curve through a central angle of 90° 00' 00" for an arc distance of 39.27
feet (chord bears: N 02° 45' 43" W -35.36 feel) to the end of said curve;
N 47° 45' 43" W for a distance of 83.00 feet;
S 42° 14' 17" W for a distance of 702.19 feet lo a point within said remainder of
27.02 acre tract;
THENCE: N 47° 43' 18" W through said remainder of 27.02 acre tract for a distance of
241 .06 feet to the platted southeast line of Deacon Drive W according to the plat of the
Barracks 11 Subdivision, Phase I 00, recorded in Volume 10570, page 293 of the Official
Public Records of Brazos County, Texas;
THENCE: along the platted southeast line of deacon drive w, and the extension thereof, for
the following calls:
N 42° 16' 42" E for a distance of 67 .00 feet to the beginning of a clockwise curve
having a radius of 25.00 feet;
Along said curve through a central angle of 89° 57' 35" for an arc distance of 39.25
feet (chord bears: N 02° 44' 30" W -35.34 feet) to the end of said curve;
N 42° 14' 17" E for a distance of775.94 feet to the P.QINT OF BEGINNING containing
5.928 acres of land, more or less.
NOTE: The Company is prohibited from insuring the area or quantity of the land described
herein. Any statement in the above legal description of the area or quantity of land is not a
representation that such area or quantity is correct, but is made only for infonnational and/or
identification purposes.
TITLE APPEARS TO BE VESTED IN:
COLLEGE STA TJON INDEPENDENT SCHOOL DISTRICT and HEATH PHILLIPS
INVESTMENTS, LLC
SUBJECT TO:
LIENS:
A. Deed of Trust, Security Agreement, Fixtures, Financing Statement and Assignment of Rents
and Leases dated May 13, 2010, executed by Heath Phillips Investments, LLC to Julius C. Dunlap,
Trustee, securing one note of even date payable to American Momentum Bank, in the principal
amount of$2,994,200.00, recorded in Volume 9627, page 80, Official Records of Brazos County,
Texas, and as modified, rearranged and/or extended by instruments recorded in Volume 10220,
page 151 and Volume l 0470, page 133, Official Records of Brazos County, Texas. (affects
108 .88 acres)
B. Deed of Trust, Security Agreement, Fixtures, Financing Statement and Assignment of Rents
and Leases dated October 4, 201 l, executed by Heath Phillips Investments, LLC lo Tom
Giesenschlag, Trustee, securing one note of even date payable to Greens Prairie Investors, Ltd., in
the principal amount of$2,600,000.00, recorded in Volume 10364, page 96, Official Records of
Brazos County, Texas. (affects 108.88 acres)
ABSTRACTS OF JUDGMENTS/FEDERAL AND/OR STATE LIENS:
NONE OF RECORD
EASEMENTS:
Right-of-Way Easement from J. W. Mochas to Sinclair Refining Company, dated September 6,
1947, recorded in Volume 132, page 68, Deed Records of Brazos County, Texas.
Right-of-Way Easement from P. D. Gandy et ux to City of Bryan, dated December 22, 1949,
recorded in Volume 141, page 392, Deed Records of Brazos County, Texas.
Public Utility Easement from Arrenia H. Ellis et al to City of College Station, Texas, dated May
24, 2006, recorded in Volume 7233, page 93, Official Records of Brazos County, Texas.
Temporary Blanket Utility Easement from Heath Phillips Investments, LLC lo City of College
Station, Texas, dated November 1, 2011, recorded in Volume 10420, page 239, Official Records
of Brazos County, Texas.
Right of Way Easement from College Station Independent School District to City of Bryan dba
Bryan Texas Utilities (BTU), dated January I 1, 2012, recorded in Volume 10523, page I 82,
Official Records of Brazos County, Texas.
OUTSTANDING MINERALS AND/OR ROYALTIES:
Royalty reservation in Deed from S. F. Machos et al to P. D. Gandy, dated October 3, 1949,
recorded in Volume 140, page 614, Deed Records of Brazos County, Texas. Title lo this
reservation has not been traced subsequent to the dale of the above-cited instrument.
Mineral reservation in Deed from Arrenia H. Ellis et al to College Station Independent School
District, dated May 14, 2010, recorded in Volume 9626, page 76, Official Records of Brazos
County, Texas.
Mineral and groundwater reservation in Deed from Arrenia H. Ellis, el al to Heath Phillips
Investments, LLC, dated May 13, 2010, recorded in Volume 963 7, page 73, Official Records of
Brazos County, Texas. Title to this reservation has not been traced subsequent to the date of the
above-cited instrument.
OIL & GAS LEASES:
Estate created by Oil and Gas Leases from Florence Haupt King et al lo Baker Exploration
Company, dated December, 1993 , recorded in Volume 2020, pages 93, 113, 122 and 140, Official
Records of Brazos County, Texas. Tille to this lease has not been traced subsequent to the date
of the above-cited instrument.
Estate created by Oil and Gas Lease from Lewis M. Haupt to Baker Exploration Company, dated
January 5, 1994, recorded in Volume 2020, page 146, Official Records of Brazos County, Texas.
Title to this lease has not been traced subsequent to the date of the above-cited instrument.
RESTRICTIONS OF RECORD:
Restrictive covenants recorded in Volume 8986, page 115 and Volume 10671, page 145, Official
Records of Brazos County, Texas.
TAXES/ ASSESSMENTS:
NONE REQUESTED
MISCELLANEOUS:
Terms, conditions and stipulations contained in Bill of Sale for Water rights from Haupt Family
Partnership to the Haupt Water Partnership, dated December 7, 2000, recorded in Volume 4012,
page 288, Official Records of Brazos County, Texas.
The terms, conditions and stipulations contained in the Declaration of Covenants, Conditions and
Restrictions, executed by Greens Prairie Investors, Ltd., dated March 3, 2009, recorded in Volume
8986, page l l 5 and amended in Volume l 06 71, page t 45 and management certificate in Volume
. '
9520, page 215, Official Records of Brazos County, Texas.
Maintenance charge as set forth in the Declaration of Covenants, Conditions and Restrictions
executed by Greens Prairie Investors, Ltd., dated March 3, 2009, recorded in Volume 8986, page
115 and amended in Volume 10671, page 145, Official Records of Brazos County, Texas.
All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together
with all rights, privileges and immunities relating thereto, appearing in the Public Records,
whether listed or not. There may be leases, grants, exceptions or reservations of mineral interests
that are not listed.
THIS TITLE REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING,
EVIDENCED BY THE ACCEPTANCE OF SAME THAT THE UNDERSIGNED, BRAZOS
COUNTY ABSTRACT COMPANY DOES NOT UNDERTAKE HEREIN TO GIVE OR
EXPRESS ANY OPINION AS TO THE VALIDITY OF THE TITLE TO THE PROPERTY
ABOVE DESCRIBED, NOR AS TO THE VALIDITY OF ANY OF THE INSTRUMENTS
REPORTED HEREIN, INCLUDING THE PURPORTED DEED(S) ESTABLISHING THE
RECORD OWNER(S) CITED ABOVE, BUT IS SIMPLY REPORTING BRIEFLY HEREIN
AS TO THE INSTRUMENTS FOUND OF RECORD PERTAINING TO SAID PROPERTY,
AND IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THIS TITLE REPORT IS
NEITHER A GUARANTY NOR WARRANTY OF THE TITLE. BY ACCEPTANCE OF
THIS TITLE REPORT IT IS UNDERSTOOD THAT THE LIABILITY OF THE ISSUER
HEREOF IS EXPRESSLY LIMITED TO THE ACTUAL MONETARY CONSIDERATION
PAID FOR SAID REPORT BY VICKI HILLERT. THIS SEARCH HAS BEEN LIMITED
TO THE ABOVE MATTERS AND THE ABOVE TIME PERIOD; AND WE HA VE NOT
SEARCHED FOR, NOR HA VE REFLECTED HEREIN, ANY EXAMINATION AS TO
TAX SUITS, SPECIAL ASSESSMENTS, CONFLICTS OR OTHER INSTRUMENTS
WHICH MAY AFFECT TITLE TO THE SUBJECT PROPERTY. IF TITLE INSURANCE
COVERAGE, WHICH IS NOT PROVIDED BY THIS REPORT, IS NEEDED, SAID
COVERAGE IS AVAILABLE THROUGH THE APPLICABLE PROMULGATED
POLICY(IES), AND AT A SPECIFIED RA TE PREMIUM.
Brazos County Abstract Company
By: ---
Lisa Kemp
fl~
Through Tax Year
2012 TAX CERTIFICATE Certificate #
28578
Issued By:
KRISTEEN ROE, RTA, CTA PH# (979) 361 -4470
BRAZOS COUNTY TAX ASSESSOR COLLECTOR
300 E. WM. J BRYAN PKWY
BRYAN , TX 77803
Owner ID: 491664 100.00%
HEATH PHILLIPS INVESTMENTS LLC
4490 CASTLEGATE DR
COLLEGE STATION, TX 77845-3388
Property Information
Property ID: 10406 Geo ID : 000701-0046-0000
Legal Acres: 87.6020
Legal Desc: A000701 , CRAWFORD BURNETT (ICL), TRACT 46,
87.602 ACRES
Situs: 3156 HAUPT (PVT) RD ,
OBA:
Exemptions:
For Entities
BRAZOS COUNTY
CITY OF COLL. STAT.
COLLEGE STATION ISO
EMG SVCS DIST #1
Z REFUND ENTITY
Value Information
Improvement HS:
Improvement NHS:
Land HS :
Land NHS:
Productivity Market:
Productivity Use:
Assessed Value
10,050
10
0
0
2, 176,030
8,760
18,820
Current/Delinquent Taxes
This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interest
and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following
taxing unit(s):
Year Entity
Totals:
Effective Date: 04/0112013
Tax Certificate Issued for:
CITY OF COLL. STAT.
BRAZOS COUNTY
COLLEGE STATION ISO
Taxable
Taxes Paid in 2012
81.06
91 .28
251 .26
Tax Due
0.00
Disc./P&I
0.00
Attorney Fee
0.00
Total Due
0.00
Total Due if paid by: 04/30/2013 0.00
This certific2te is issued Ofl rem
estate only. It does not indude
inerals and/or personal prope ..
If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become
due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described
under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31 .0S(b)].
Pursuant to Tax Code Section 31 .08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no
delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an
appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for
delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the
year the tax was imposed or the property was omitted remains personally liable for the tax and for any penalties or interest.
A tax certificate issued through fraud or collusion is void.
r This certificate does not clear abuse of granted exemptions as defined in Section 11.43 Paragraph(1) of the Texas Property Tax Code.
May Be Subject to Court Costs if Suit is Pending Date of Issue:
Requested By:
Fee Amount:
Reference #: ~ YI J&(Ju_/
Signature of Authorized Officer of Collecting Office
04/01/2013
HEATH PHILLIPS INVESTMENT
10.00
Page: 1 OF 1
TrueA.utommtion,lnc.
Issued By: 0 TAX CERTIFICATE Q I Certificate # I 28466
KRISTEEN ROE, RTA, CTA PH# (979) 361-4470
BRAZOS COUNTY TAX ASSESSOR COLLECTOR
300 E. WM. J BRYAN PKWY
BRYAN , TX 77803
Owner ID: 308142 100.00%
HAUPT FAMILY PARTNERSHIP
PO BOX 542
MILLICAN, TX 77866-0542
Property Information
Property ID: 10408 Geo ID: 000701-0046-0020
Legal Acres: 0.2500
Legal Desc: A000701 , CRAWFORD BURNETI (ICL), TRACT 46.2,
0.25 ACRES
Situs: 3100 HAUPT (PVT) RD ,
OBA:
Exemotions:
For Entities
BRAZOS COUNTY
CITY OF COLL. STAT.
COLLEGE STATION ISO
EMG SVCS DIST #1
Z REFUND ENTITY
Value Information
Improvement HS:
Improvement NHS:
Land HS:
Land NHS:
Productivity Market:
Productivity Use:
Assessed Value
43,760
0
1,190
0
0
0
44,950
Current/Delinquent Taxes
This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes
and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following
taxing unit(s):
Year Entity
Totals:
Effective Date: 03/26/2013
Taxable Tax Due
0.00
Disc./P&I
0.00
Attorney Fee
0.00
Total Due if paid by: 03/31 /2013
Total Due
0.00
0.00
If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become
due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described
under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31 .0B(b)].
Pursuant to Tax Code Section 31.08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no
delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an
appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for
delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the
ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest.
A tax certificate issued through fraud or collusion is void.
This certificate does not clear abuse of granted exemptions as defined in Section 11.43 Paragraph(1) of the Texas Property Tax Code.
Date of Issue:
Requested By:
Fee Amount:
Reference #:
03/26/2013
PHILLIPS HEATH K
10.00
10406 Page: 1OF1
True Automation. Inc.
UNANIMOUS WRITTEN CONSENT IN LIEU
OF
ORGANIZATIONAL MEETING OF SOLE MEMBER
OF
HEATH PHILLIPS INVESTMENTS, LLC
A LIMITED LIABILITY COMPANY
The undersigned, being the Sole Member named in Heath Phillips Investments, LLC's
(hereinafter the "Company") Certificate of Formation filed with the Secretary of State of Texas,
hereby adopts the following resolutions in lieu of an organizational meeting of the Member.
CERTIFICATE OF FORMATION
RESOLVED, that the acknowledgment of filing issued by the Secretary of State of Texas,
and the certified copy of the Certificate of Formation filed on November 23, 2009, are accepted
and approved in all respects; and the Secretary is directed to place same in the Company record
book.
COMPANY AGREEMENT
RESOLVED, that the form of the company agreement for regulating and managing
Company affairs submitted to the undersigned is approved and adopted as the Company
Agreement of the Company.
RESOLVED, that the secretary is directed to place the Company Agreement in the
Company record book, and maintain a copy of the Company Agreement at the Company's
principal office.
PRINCIPAL OFFICE
RESOLVED, that the Company's principal office be established and maintained at 4490
Castlegate Drive, College Station, Texas 77845, and that meetings of the Member from time to
time may be held either at the Company's principal office or at such other place as the Member
may select.
OFFICERS
RESOLVED, that the following persons were nominated to the office preceding their
name:
UNANIMOUS WRITTEN CONSENT IN LIEU OF ORGANIZATIONAL MEETING PAGE 1 OF4
Office
President
Secretary/Treasurer
Officeholder
Heath Phillips
Heath Phillips
MEMBERSHIP INTEREST CERTIFICATES
RESOLVED, that the specimen membership interest certificate proposed for use as the
Company's certificate for membership interest is adopted as the Company's form of Membership
Interest Certificate; and
RESOLVED FURTHER, that the specimen Membership Interest Certificate be appended
to the minutes of the meeting.
COMPANY RECORD BOOK
RESOLVED, that the Company, through its secretary, shall maintain and authenticate in
the Company record book the appropriate business records, including but not limited to originals,
copies or certified copies of the Company's Certificate of Formation, the Acknowledgment of
Filing, the Company Agreement, the Membership Interest transfer ledger, minutes of the meetings
and of other proceedings of the Members, Managers, and any committee established by the
Managers; and
RESOLVED FURTHER, that the secretary is to maintain in the Company record book
records pertaining to the issuance and transfer of Membership Interest in the Membership Interest
Certificate stubs and Membership Interest transfer ledger respectively.
MEMBERSHIP INTEREST ISSUED
RESOLVED, that the Member be, and hereby is, authorized to issue from time to time
authorized Membership Interests of the Company for money paid, labor done, promissory note, or
personal property or real estate or leases thereof actually acquired and upon such terms as the
Member in the Member's discretion may determine; and
RESOLVED FURTHER, than an offer be issued to the following to purchase one hundred
percent (100%) of the Membership Interest of the Company in the percentages and for the
consideration indicated opposite each name:
UNANIMOUS WRITIEN CONSENT IN LIEU OF ORGANIZATIONAL MEETING PAGE20F 4
Member's Name Member's Interest Consideration
Heath Phillips 100% $1 ,000.00
RESOLVED, that the Member is authorized to issue additional Membership Interest to
appropriately qualified purchasers.
COMMENCING BUSINESS
RESOLVED, that consideration has been received for the issuance of Membership
Interest, and that the Company consequently is able to commence and transact business and to
incur indebtedness.
ORGANIZATIONAL EXPENSES
RESOLVED, that the Company treasurer be and hereby is authorized to pay all charges
and expenses incident to or arising out of the organization of and to reimburse any person who
has made any disbursement therefore.
BANK ACCOUNT
RESOLVED, that the treasurer be and hereby is authorized to open a bank account on the
Company's behalf with any banks the Member deems appropriate.
LICENSES AND PERMITS
RESOLVED, that Company officers are directed to obtain in the Company's name such
other licenses and tax permits as may be required for the conduct of Company business by any
federal, state, county, or municipal governmental statute, ordinance, or regulations, and are
directed and authorized to do all things necessary or convenient to qualify to transact Company
business in compliance with the laws and regulations of any appropriate federal, state, or
municipal governmental authority.
OTHER STATES
RESOLVED, that for the purpose of authorizing the Company to do business in any state,
territory or dependency of the United States or any foreign country in which it is necessary or
expedient for the Company to transact business, the proper Company officers are hereby
authorized to appoint and substitute all necessary agents or attorneys for service of process, to
designate and change the location of all necessary statutory offices and to make and file all
necessary certificates, reports, powers of attorney and other instruments as may be required by
the laws of such state, territory, dependency or country to authorize the Company to transact
business therein.
UNANIMOUS WRITTEN CONSENT IN LIEU OF ORGANIZATIONAL MEETING PAGE30F4
FISCAL YEAR
RESOLVED, that the Company fiscal year shall begin on January 1, and end on
December 31 , subject to change by resolution, as appropriate, at the discretion of the Member.
CARRY ON BUSINESS
RESOLVED, that the signing of these minutes shall constitute full consent, confirmation ,
ratification, adoption and approval of the holding of the above meeting, the actions hereby taken,
the resolutions herein adopted and waiver of notice of the meeting by the signatories.
Dated: November 23. 2009 ~~4
Heath Phillips
A true copy of each of the following papers referred to in the foregoing minutes is appended
hereto:
Specimen Membership Interest Certificate
P:\Gentry\Phillips_Heath_lnvestmentsLLC_\Unanimous Written Consent_OrgMtg.doc
UNANIMOUS WRITTEN CONSENT IN LIEU OF ORGANIZATIONAL MEETING PAGE40F4
UNANIMOUS WRITTEN CONSENT IN LIEU
OF
ORGANIZATIONAL MEETING OF SOLE MEMBER
OF
SUPERIOR STRUCTURES, LLC
A LIMITED LIABILITY COMPANY
The undersigned, being the Sole Member named in Superior Structures. LLC's
(hereinafter the "Company") Certificate of Formation filed with the Secretary of State of Texas,
hereby adopts the following resolutions in lieu of an organizational meeting of the Member.
CERTIFICATE OF FORMATION
RESOLVED, that the acknowledgment of filing issued by the Secretary of State of Texas,
and the certified copy of the Certificate of Formation filed on September 6, 2007, are accepted
and approved in all respects; and the Secretary is directed to place same in the Company record
book.
COMPANY AGREEMENT
RESOLVED, that the form of the company agreement for regulating and managing
Company affairs submitted to the undersigned is approved and adopted as the Company
Agreement of the Company.
RESOLVED, that the secretary is directed to place the Company Agreement in the
Company record book, and maintain a copy of the Company Agreement at the Company's
principal office.
PRINCIPAL OFFICE
RESOLVED, that the Company's principal office be established and maintained at 4490
Castlegate Drive, College Station, Texas 77845, and that meetings of the Member from time to
time may be held either at the Company's principal office or at such other place as the Member
may select.
OFFICERS
RESOLVED, that the following persons were nominated to the office preceding their
name:
UNANIMOUS WRITTEN CONSENT IN LIEU OF 0RGANIZA TIONAL MEETING PAGE 1OF4
........ ·---·····-·········-·---·---------------
Office
President
Secretary/Treasurer
Officeholder
Heath Phillips
Heath Phillips
MEMBERSHIP INTEREST CERTIFICATES
RESOLVED, that the specimen membership interest certificate proposed for use as the
.Company's certificate for membership interest is adopted as the Company's form of Membership
Interest Certificate; and
RESOLVED FURTHER. that the specimen Membership Interest Certificate be appended
to the minutes of the meeting.
COMPANY RECORD BOOK
RESOLVED, that the Company, through its secretary, shall maintain and authenticate in
the Company record book the appropriate business records, including but not limited to originals,
copies or certified copies of the Company's Certificate of Formation, the Acknowledgment of
Filing, the Company Agreement, the Membership Interest transfer ledger, minutes of the meetings
and of other proceedings of the Members, Managers, and any committee established by the
Managers; and
RESOLVED FURTHER, that the secretary is to maintain in the Company record book
records pertaining to the issuance and transfer of Membership Interest in the Membership Interest
Certificate stubs and Membership Interest transfer ledger respectively.
MEMBERSHIP INTEREST ISSUED
RESOLVED, that the Member be, and hereby is, authorized to issue from time to time
authorized Membership Interests of the Company for money paid, labor done, promissory note, or
personal property or real estate or leases thereof actually acquired and upon such terms as the
Member in the Member's discretion may determine; and
RESOLVED FURTHER, than an offer be issued to the following to purchase one hundred
percent (100%) of the Membership Interest of the Company in the percentages and for the
consideration indicated opposite each name:
UNANIMOUS WRITTEN CONSENT IN LIEU OF ORGANIZATIONAL MEETING PAGE20F4
Member's Name Member's Interest Consideration
Heath Phillips 100% $1 ,000.00
RESOLVED, that the Member is authorized to issue additional Membership Interest to
appropriately qualified purchasers.
COMMENCING BUSINESS
RESOLVED, that consideration has been received for the issuance of Membership
lntE?rest, and that the Company consequently is able to commence and transact business and to
incur indebtedness.
ORGANIZATIONAL EXPENSES
RESOLVED, that the Company treasurer be and hereby is authorized to pay all charges
and expenses incident to or arising out of the organization of and to reimburse any person who
has made any disbursement therefore.
BANK ACCOUNT
RESOLVED, that the treasurer be and hereby is authorized to open a bank account on the
Company's behalf with any banks the Member deems appropriate.
LICENSES AND PERMITS
RESOLVED, that Company officers are directed to obtain in the Company's name such
other licenses and tax permits as may be required for the conduct of Company business by any
federal, state, county, or municipal governmental statute, ordinance, or regulations, and are
directed and authorized to do all things necessary or convenient to qualify to transact Company
business in compliance with the laws and regulations of any appropriate federal, state, or
municipal governmental authority.
OTHER STATES
RESOLVED, that for the purpose of authorizing the Company to do business in any state,
territory or dependency of the United States or any foreign country in which it is necessary or
expedient for the Company to transact business, the proper Company officers are hereby
authorized to appoint and substitute all necessary agents or attorneys for service of process, to
designate and change the location of all necessary statutory offices and to make and file all
necessary certificates, reports, powers of attorney and other instruments as may be required by
the laws of such state, territory, dependency or country to authorize the Company to transact
business therein.
UNANIMOUS WRITTEN CONSENT IN LIEU OF ORGANIZATIONAL MEETING PAGE30F 4
. .
FISCAL YEAR
RESOLVED, that the Company fiscal year shall begin on January 1, and end on
December 31 , subject to change by resolution , as appropriate, at the discretion of the Member.
CARRY ON BUSINESS
RESOLVED, that the signing of these minutes shall constitute full consent, confirmation,
ratification, adoption and approval of the holding of the above meeting, the actions hereby taken ,
the resolutions herein adopted and waiver of notice of the meeting by the signatories.
Dated: September 7, 2007 <~~ Heath Phillips
A true copy of each of the following papers referred to in the foregoing minutes is appended
hereto:
Specimen Membership Interest Certificate
P:\Gentry\Phillips_Heath_LLC_ 19097\Unanimous Written Consent_OrgMtg.doc
UNANIMOUS WRITTEN CONSENT IN LIEU OF ORGANIZATIONAL MEETING PAGE40F4
CITY OF C OLLEGE STATION
Home o/Texas A&M Univmity"
FOR OFFICE USE ONLY
CASE NO.:
DATE SUBMITTED:------
TIME:
STAFF:
--------~
PLANNING & DEVELOPMENT SERVICES
TRANSMITTAL LETTER
Please check one of the options below to clearly define the purpose of your submittal.
[8] New Project Submittal
O Incomplete Project Submittal -documents needed to complete an application. Case No.: ---------0 Existing Project Submittal. Case No.:
Project Name THE BARACKS II SUBDIVISION -SECTION 200
Contact Name JOE SCHULTZ P. E. Phone Number 979. 764.3900 --------------
We are transmitting the following for Planning & Development Services to review and comment (check all that apply):
D Comprehensive Plan Amendment D Non-Residential Architectural Standards
D Rezoning Application D Irrigation Plan
D Conditional Use Permit D Variance Request
D Preliminary Plan D Development Permit
[8] Final Plat D Development Exaction Appeal
D Development Plat D FEMA CLOMA/CLOMR/LOMA/LOMR
D Site Plan [8] Grading Plan
D Special District Site Plan [8] Other -Please specify below
D Special District Building I Sign Civil Construction Plans
D Landscape Plan
INFRASTRUCTURE AND ENGINEERING DOCUMENTS
All infrastructure documents must be submitted as a complete set.
The following are included in the complete set:
D Comprehensive Plan Amendment [8] Waterline Construction Documents
D TxDOT Driveway Permit [8] Sewerline Construction Documents
D TxDOT Utility Permit [8] Street Construction Documents
[8] Drainage Letter or Report D Easement Application
[8] Fire Flow Analysis D Other -Please specify
Special Instructions:
10/10 Print Form
CITY OF COLLEGE STATION
FINAL PLAT
for
The Barracks II Ph. 200
13-00900073
SCALE: 28 single-family lots on 5.928 acres
LOCATION: 415 Deacon Drive West
ZONING: POD Planned Development District
APPLICANT: Heath Phillips, Heath Phillips Investments, LLC.
PROJECT MANAGER: Matt Robinson, AICP, Senior Planner
mrobinson@cstx.gov
RECOMMENDATION: Staff recommends approval of the Final Plat.
Planning & Zoning Commission Page 1 of 3
September 19, 2013
DEVELOPMENT REVIEW
Annexation:
Zoning:
Preliminary Plat:
Site Development:
COMMENTS
2002
A-0 Agricultural Open upon annexation
A-0 Agricultural Open to POD Planned Development District
(2011 ); POD Planned Development District to POD Planned
Development District to revise layout and add additional use
(2012)
2011, revised in October 2012
Phase 100 of the development has been completed . Town homes
are currently being constructed on Phase 101 .
Parkland Dedication: Neighborhood park land dedication was provided with previous
phases and the developer is constructing neighborhood park
improvements for the development. Parkland Dedication fees of
$17,500 (28 lotsx $625) are due prior to filing of the Final Plat.
Greenways: N/A
Pedestrian Connectivity: Sidewalks are provided on both sides of all streets within the
development.
Bicycle Connectivity: Bikes lanes will be provided along Towers Parkway. Bike lanes
are currently provided along Deacon Drive West (Major Collector)
and Towers Parkway (Minor Collector).
Impact Fees: The subject tract is located within the Steeplechase Sanitary
Sewer Impact Fee Area and will be required to pay $357.74/LUE
at time of building permit.
REVIEW CRITERIA
Compliance with Subdivision Regulations: The proposed Final Plat is in compliance with the
Subdivision Requirements contained in the Unified Development Ordinance.
STAFF RECOMMENDATIONS
Staff recommends approval of the Final Plat.
SUPPORTING MATERIALS
1 . Application
2. Copy of Final Plat
Planning & Zoning Commission
September 19, 2013
Page 3 of 3
CITY or CoL1.r·:GE STATION
Home o/Texas A&M University•
1101 Texas Avenue, P.O. Box 9960
College Station, Texas 77842
Phone 979 .764.3570 I Fax 979.764.3496
MEMORANDUM
April 25, 2013 I
TO : Heath Phillips, via : heath superiorstructures@yahoo.com
FROM : Matt Robinson , AICP, Senior Planner
SUBJECT: The Barracks II Sec 200 (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.
One (1) 24"x36" copy of the revised final plat;
Parkland Dedication in the amount of $17,500 will be due prior to the filing of the
final plat; and
One (1) copy of the digital file of the final plat on diskette or e-mail to
pdsdigitalsubmittal@cstx.gov.
Upon rece ipt 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 this application will
expire in 90 days from the date of this memo, if the applicant has not provided written response
comments and revised documents to the Administrator that seek to address the staff review
comments contained herein. 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 . Once your
item has been scheduled for the P&Z meeting, the agenda and staff report can be accessed at
the following web site on Monday the week of the P&Z meeting .
http://www.cstx.gov/pz
Please note that a Mylar original of the revised final plat will be required after P&Z approval and
prior to the filing of the plat. If you have any questions or need additional information, please call
me at 979.764.3570.
Attachments: Staff review comments
cc: Joe Schultz, P.E., Schultz Engineering, LLC; via: joeschultz84@verizon.net/
Case file No. 13-00900073
Home of Texas A&M University
STAFF REVIEW COMMENTS NO. 2
Project: THE BARRACKS II SEC 200 (FP) -13-00900073
PLANNING
1. Need to revise title block to replace section 200 to phase 200 to match certificates of
ownership and dedication.
2. Thirteen 11x17 copies of the Final Plat will need to be submitted once the project is ready
for P&Z (after construction or bond).
3. Please note that you may be required to submit paid tax certificates if they are not current
prior to the filing of your plat.
Reviewed by: Matt Robinson Date: 4/23/13
ENGINEERING COMMENTS NO. 3
1. Please submit easements when ready.
2. FYI-Construction plans have not been approved and could affect the final plat.
3. FYI-Infrastructure will need to be built or bonded before this plat can be scheduled for
P&Z.
Reviewed by: Danielle Singh Date: 4/25/13
Home of Texas A&M University
CITY or Cm LEGE STATION
Home of1i"X11s A&M University'
MEMORANDUM
April 15, 2013
/
(fl/
TO: Heath Phillips , via : heath superiorstructures@yahoo.com
FROM: Matt Robinson , AICP, Senior Planner
SUBJECT: The Barracks II Sec 200 (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.
Two (2) 24"x36" copies of the revised final plat;
Parkland Dedication in the amount of $17,500 will be due prior to the filing of the
final plat;
Easement applications for easements to be dedicated by separate instrument.
If you have any questions or need additional information, please call me at 979.764.3570.
Attachments: Staff Review Comments
cc: Joe Schultz, P.E., Schultz Engineering, LLC; via: joeschultz84@verizon .net~
Case file No. 13-00900073
Planning & Development Sei·vices
P.O. HOX9960 • 110 1 TF.XASAVFNl:E • COLl.ECE STAT JO N ·TEXAS · 77842
TEL 97').76·i.3570 • rAX. 97<J .7<l.U4%
cstx.gov/devservices
STAFF REVIEW COMMENTS NO. 1
Project: The Barracks II Sec 200 (Fp) -(13-00900073)
PLANNING
1. Since this is a POD with modified building setbacks, please add the setbacks requirements
to the final plat.
2. Add zoning ordinance# 2012-3407.
3. The north arrow is facing the wrong direction.
4. Community Parkland Dedication fees of $17,500 will be due upon plat filing .
5. Please note that 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 the City has not been made aware of will
constitute a completely new review.
6. Please note that you may be required to submit paid tax certificates if they are not current
prior to the filing of your plat.
Reviewed by : Matt Robinson Date: 4/10/13
ENGINEERING COMMENTS NO. 1
1. The development permit is currently being reviewed . Any comments related to that could
affect the final plat.
2. Please submit easement applications for the easements to be dedicated by separate
instrument. We will not be able to issue development permits or schedule the plat for P&Z
until these easements are dedicated.
3. Please add a spot for the volume and page numbers for the easements by separate
instrument.
4. On Phase 101 , the easement on Lot 12 adjacent to Hayes Lane is only 5', not 1 O'.
5. Please label the rear lot easement on Phase 101 Block 12 since it is directly adjacent to this
property.
Reviewed by : Danielle Singh Date: 4/12/13
ELECTRICAL COMMENTS REQUIRING IMMEDIATE ATTENTION
1. This project location is outside of CSU certification area. CSU will not provide electric
service to this project location.
GENERAL ELECTRICAL COMMENTS
1. To discuss any of the above electrical comments please contact Gilbert Martinez at
979.764.6255.
Reviewed by : Gilbert Martinez Date: 04/11/13
ADDRESSING
1. Please propose a new street name for Iron Horse Drive. The name, or a similar street name,
already exists in College Station, Bryan, and/or the County. Please go to the following web
site for a list of street names that already exist, and therefore, cannot be used.
http://www.brazos911 .dst.tx.us/msag/
Reviewed by : Mandi Alford Date: 4/11 /13
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. 1
Project: The Barracks II Sec 200 (Fp)-(13-00900073)
PLANNING
1. Since this is a POD with modified building setbacks, please add the setbacks
requirements to the final plat.
Note 3 was modified to include the POD setback requirements.
2. Add zoning ordinance# 2012-3407.
See note 3
3. The north arrow is facing the wrong direction.
The north arrow was changed.
4. Community Parkland Dedication fees of $17,500 will be due upon plat filing.
Noted.
5. Please note that 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 the City has not been made
aware of will constitute a completely new review.
Noted.
6. Please note that you may be required to submit paid tax certificates if they are not
current prior to the filing of your plat.
Noted.
ENGINEERING COMMENTS NO. 1
1. The development permit is currently being reviewed. Any comments related to that could
affect the final plat.
Noted.
2. Please submit easement applications for the easements to be dedicated by separate
instrument. We will not be able to issue development permits or schedule the plat for
P&Z until these easements are dedicated.
The easement applications are being prepared. We will submit when these
documents are ready.
3. Please add a spot for the volume and page numbers for the easements by separate
instrument.
These ca/louts were changed.
4. On Phase 101 , the easement on Lot 12 adjacent to Hayes Lane is only 5', not 1 O'.
The existing easement was changed.
5. Please label the rear lot easement on Phase 101 Block 12 since it is directly adjacent to
this property.
A leader was added to this location.
\
ELECTRICAL COMMENTS REQUIRING IMMEDIATE ATTENTION
1. This project location is outside of CSU certification area. CSU will not provide electric
service to this project location.
Noted.
GENERAL ELECTRICAL COMMENTS
1. To discuss any of the above electrical comments please contact Gilbert Martinez at
979. 764.6255.
Noted.
ADDRESSING
1. Please propose a new street name for Iron Horse Drive. The name, or a similar street
name, already exists in College Station, Bryan, and/or the County. Please go to the
following web site for a list of street names that already exist, and therefore, cannot be
used.
The street name was changed to Papa Bear Drive.
STAFF REVIEW COMMENTS NO. 2
Project: The Barracks II Sec 200 (Fp)-(13-00900073)
PLANNING
1 . Need to revise title block to replace section 200 to phase 200 to match certificates of
ownership and dedication.
The title block has been revised
2. Thirteen 11x17 copies of the Final Plat will need to be submitted once the project is
ready for P&Z (after construction or bond).
Noted.
3. Please note that you may be required to submit paid tax certificates if they are not
current prior to the filing of your plat.
Noted.
ENGINEERING COMMENTS NO. 3
1. Please submit easements when ready.
The Access Easement is being submitted. We are currently working with
CS/SD on the location of the Drainage Easement and the Drainage
infrastructure proposed at this location. The Inlet S2007 was added to this
location with the Construction Plans submittal.
2. FYI-Construction plans have not been approved and could affect the final plat.
Noted.
3. FYI-Infrastructure will need to be built or bonded before this plat can be scheduled for
P&Z.
Noted.
OH 27/20 13 10:08 FAX 9796901041 CASTLEGATE ~ UUl/UUl
,• , 44) qz~ 13. aqoE; •
PL ~ \'3 ... 1'3
Application for Noise Ordinance Exemption
Planning & Development Services Department
Crrv o~ Cou.f.c:E S1;1;110N 1101 Texas Ave.
College Station, TX 77840
979.764.3570 -phone 979.764.3496 ~fax
Project Information
~=~fon : ~(,!{.~/
Applicant Information
Name: ~Cf {7/P.(.u{J_s
Address: ¥£2.Q ~E&tL_ .t2{l
City, state, Zip: 2224E6i ;sfk_.itJl:J u Z.IT~S
Phone: 9?9-£90 -V.5<2 Mobile: 919--;isk~'l6'Z
Date(s) of Proposed Concrete Pour: du5~Jf ;?81 dO.l-S
Desired Starting Time: __ S-_._' 0___;;~;;__"--_·_h--_____________ _
Size of Proposed Pour
Cubic yards: _..;.,l _La._o _____ _
Surface area: 3, !.Q.oo s-; f J-
I hereby make application to the City of College Station for an exemption to the noise
ordinance for the purposes of concrete placement on the date(s) and time(s) indicated
above. I certify that the above statements are true and correct. I understand that
operating beyond the terms of this application is a violation ofthe Code of Ordinance:;
and may re<Ult in the issuance of a citation. . . ·J
Applicant Slgn•hlre: 6-{.~~
Printed Name: #d~c~
Date: ~-~ I-I 3
Note: The Building Official may, at his discretion, require additional information (such as project
proximity to residential property, methods of notifying neighboring property, etc.) as part of this
application .
••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• O/jict'\~ °(yY \ 4
Building Department Representative: _L,...._~X-~-~ ..... "-+---------
Comments:
08 /29 /20 13 09:25 FAX 9796901041 CASTLEGATE
<
Application for Noise Ordinance Exemption
Planning & Development Services Department
Ci'IY OF Co1.1.1;c;~ STAllClN 1101 Texas Ave.
College Station, TX 77840
979.764.3570 -phone 979.764.3496 -fa-:t
Project Information
~-:;;on: 41:Sff/~~E
Applicant Information
Name: A/fl'~c.E 17/Pfl.1/?_$
Address: ££2.12 c.&s:OE@rL_.12/!r
City, State, Zip: 0JdEGE :s'f /bid/J
Phone: 9?9-£90 -725<2 Mobile:
Date(s) of Proposed Concrete Pour: _ci...:.../1-.3'--'n~J'-11...__ ________ _
Desired Starting Tirne: _ _,5_..°''-'-'-M_.__ ______________ _
Size of Proposjd Po~
Cubic yards: -i ~~
Surface area:T ~ e Ali\1 t
l hereby make application to the City of College Station for an exemption to the noise
ordinance for the purposes of concrete placement on the date(s) and time(s) indicated
above. I certify that the above statements are true and correct. I understand that
operating beyond the tenns of this application is a violation of the Code of Ordinances
and may result in the issuance of a citation. . , _ )
Applicant Signature: da.k ~
Printed Name: ~cE ~/OU
Date: S-21-J __
Note: The Building Official may, at his discretion, require additional information (such as project
proi<imity to residential property, methods of notifying neighooring property, etc.) as part of this
application.
········••++••················~···································· se~nl~ \
Building Department Representative: ~--"'--)(_1:......-\l~--------~
Comments:
Date: 8 'JJ, \]
lffl UU.L/ UU.L
09 03 /2013 14:20 FAX 9796901041 CASTLEGATE
'
Application for Noise Ordinance Exemption
Planning & Development Services Department
Crrv Of CmlHlE 51~11ClN 1101 Texas Ave.
College Station, TX 77840
979.764.3570 -phone 979.764.3496 -fax
Project Information
Name:
Location:
Applicant Information
Name: 4\b?AA'C.E 17/P,(..i:fl?S
Address: £9~ ~E~~ ~ City, State, Zip: ;d=j~_i.
Phone: 9?9-£90 -7250 Mobile: fft_ =f!Es;L/Cl
Date(s) of Proposed Concrete Pour: ---'-'S,~./"->#-~ .... .f"'-__ L/-'--'_-..... h ........... O....._.) 3 .... ;..___
/
Desired Starting Time: ___ $......__. ' ..... 0 ......... 0 _ _,_d .......... 1/-1---'---------
Size of Proposed P<rnr
Cubic yards: :/ ej
Surface area::r,,~lf
l hereby make application to the City of College Station for an exemption to the noisr:i
ordinance for the purposes of concrete placement on the date(s) and time(s) indicated
above. I certify that the above statements are true and correct I understand that
operating beyond the terms of this application is a violation of the Code of Ordinances
and may result in the issuance of a citation.
Applicant Signature: ~~~~~~~::i..c;.~#-'LL
Printed Name: ~~2"60.::::::~;:_..L.".L!..'=..6bf.L:.!...L __
Date: _._~~-.......... ""-
Note: The Building Official may, at his discretion, require additional information (such as project
proximity to residential property, methods of notifying neighboring property, etc.) as part of th is
application.
······························~············1·· ........•.....•••..• Official s Ont ~
Building Department Representative: fi I\ · Com men~: ~""'=,,,_~---t-------~-
Date: q-4-13
l{fJ UUl/ UUl
09 '11 /2013 17:03 FAX 979 6901041 CASTLEGATE
'
Application for Noise Ordinance Exemption
Planning & Development Services Department
Cn'I' m Cm1.i-:c;~ 5TA"llON 1101 Texas Ave.
College Station, TX 77840
979.764.3570-phone 979.764.3496 -fax
Applicant Information
Name: eJA'/.&tc.E t'/t:lt<.i:f/?S
Address: '/£~ 5';f1j1~~ ~ City, State, Zip:0'= J3'
Phone: 9?9-£90 -71..50 Mobile: '
Date(s) of Proposed Concrete Pour:
Size of Proposed Pour
Cubic yards: ;Z ,.5' 0
Surface area: ~ Ot?O ¢
l hereby make application to the City of College Station for an exemption to the nois~,
ord inance for the purposes of concrete placement on the date(s) and t!me(s) indicated
above. I certify that the above statements are true and correct. I understand that
operating beyond the terms of this application is a violation of the Code of Ordinances
and may result in the issuance of a citation.
Note: The Building Official may, at his discretion, require additional information (such as project
proximity to residential property, methods of notifying neighboring property, etc,) as part of this
application .
••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Official Usf Only
Building Department Representative: ------------~
Comments:
Date: -------
141 0011001
07/24/201J 10 :19 FAX 9796901041 CASTLEGATE
vr Application for Noise Ordinance Exemption
Planning & Development Services Department
CITY()~ CO!.l.EG~ ST>.llClN 1101 Texas Ave.
College Station, TX 77840
979.764.3570 -phone 979.764.3496 -fax
Project Information
Applicant Information
Name: Altf'~c.E l'!Pt<ues
Addres" Of~ ~~ %-City, State, Zip:? f~i;
Phone: 9?9----~-___ Mobile:
Date(s) of Proposed Concrete Pour: 7-J 5-13 1 -'-lv .... t 3
. ' l>esired Starting Time: _5'_'. _o_o_"-"'"'---------------
Size of Proposed Pour
Cubic yards: _ ...... \ ... o'""'o"'-------
Surface area: --------
I hereby make application to the City of College Station for an ex.emption to the no ise
ordinance for the purposes of concrete placement on the date(s) and time(s) indicated
above. I certify that the above statements are true and correct. I understand that
operating beyond the terms of this application is a violation of the Code of Ordinanct!S
and m•y re.ult in the issuance of a citation. . .0 Applicant Signature: .£*~
Printed Name: ~ ·~~
Date: ·t' J 1..H ~
Note: The Building Official may, at his discretion, require additional information (such as project
proximity to residential propem. methods of notifying neighboring property, etc.) as part of this
application .
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• !.
B11ildin2 Department Representative:....· -~~~~+.,,,JIJ~~~:::::..--
Comments:
Date: 1--2--'{-f J
lgj UUl./ UUl.
• TRANSMI SS ION VERIFICATION REPORT
TIME 07/24/2013 15:20
NAME
FAX TEL SER.# C0J351 11 9
DATE, TIME
FAX NO . /NAME fl!JRATION PAGE(S) RESULT
07/24 15 :20
959 01041 00 :00:18
01 OK MODE STANDARD
ECM
v. I ,..,""Z,. •v .r.u .1.v .. .1.-t;I A.n.4 0' OU;IU..LU"t:..L
Application for Noise Ordinance Exemption
Planning & Development Services Department
1101 Tens Ave.
College Station~ TX 77840
979.764.3570 -phone 979.764.3496 -fax
Project Information
Applicant Information
Date(s) of Pro})(lsed Concrete Pour: 7-JS-13 I 1-'2.~ ... L 3
Desired Starting T~me: __.$"'=--'. o_o~~'-"'""-=----~----~~~--
Size of Proposed Pour
Cubic yards:_ ..... \ ><c ..... o::....._ ___ _
Surface area; --------
I hereby make application to the City of College Station for an exemption to the noise
ordinance for the purposes of concrete placement on the date(s) and timc(s) indicateci
above. I certify that the above sta~ments are. true and correct. I understand that
operating beyond the terms of' this application is a violation of the Code of Ordinances
and may result in the. issuance of a citation. ~· · . ~
ApplicantSignatnre:~ #~1~-
Ptinted Na.me: ......L.oJ.a.:..::~:.u.~::::-~=-~1.:.-~c.L.;~~~!::..L_.>..!__ __
~OOl/001
07 /30 /2013 12:37 FAX 9796901041 CASTLEGATE
Application for Noise Ordinance Exemption
Planning & Development Services Department
CnY oF Cou.Ea~ S1<\"ne>N 1101 Tens Ave.
College Station, TX 77840
979.764.3570 -phone 979.764.3496 -fa:x.
Project lnformation
Applicant Information
Name: ~~~~~~~ ~::~:~te?P:~ : ;5J}i~ ; 07~4'f =
Phone: 9~ _ _::__ _ _ Mobile: ilf9 ·· ~ ~$16'Z
Date(s) of Proposed Concrete Pour: ~ ,;:3 / ,/= ' ,1,
Desired Starting Tinie: 5. '20 fi/1.
Size of Proposed Poor c;zl Ji ~ Z
Cubic yards: I 2t2 I / Fv
Surface area: ~~~~~~~~
I hereby make application to the City of College Station for an exemption to the noise:
ordinance for the purposes of concrete placement on the date(s) and time(s) indicated
above. I certify that the above statements are true and correct. I understand that
operating beyond the terms of this application is a violation of the Code of Ordinances
and may result in the issuance of a ~itation. . ·, • )
AppUcant Signatllr., Affe I_ &.d
PriotcdName: ~~~
Date: ------
Note: The Building Official may, at his discretion, require additional information (such as project
proximity to residential property, methods ofnotifying neighboring property, etc.) as part of this
application . ...................................................................
Officia/14 On('\ \. 4
Building Department Representative: __.L--~----~-j-·--------~
Comments:
Date: 1,, 3D ... )3
141 001/001
08 /12/2013 12 :42 FAX 9796901041 CASTLE GATE
Application for Noise Ordinance Exemption
Planning & Development Services Department
Ow o~ GClLt.Kc~ 5TA·noN 1101 Texas Ave.
College Station, TX 77840
979.164.3S70 -phone 979.764.3496 -fax
Project Information
Name:
Location:
Applicant Information
Name: t6/A'4A'C£ ,e/tZ~i:f/?$
Address: i'4'~ -51%fE~~ ~
City, State, Zip: =~ J:r:i
Phone: 9?9-£90 -US() Mobile:
Date(s) of Proposed Concrete Pour: ~1 /,,.J' tf--LG°
Desired Starting Time: S/OO H.1'1
Size of Proposed Poor 'O
Cubic yards: / 617 I 2 {I A
Surface area: ';.3gaz rt o/ O(/':J.41./ 1
I hereby make application to the City of College Station for an exemption to the noi~;e
ordinance for the purposes of concrete placement on the date(s) and time(s) indicated
above. I certify that the above statements are true and correct. I understand that
operaiing beyond the terms of this application is a violation of the Code of Ordinances
and may result in the issuance of a citation. . ·~ , )
Applicant Signature.' ~~6¥
l'rinted Name: ~c.~(Z",-
Date; UP < . t 1 . ~ / 3
/
Note: The Building Offic:ia.I may, at his discretion, require additional information (such as project
proximity to residential property, methods of notifying neighboring property, etc.) as part of this
application . ...................................................................
Official ~nil \ A
Bllilding Department Representative: ---'L-~ .... A-'.\~k\-+-------
Comments:
141001 /001
() 8 I 20I 2013 14 : 51 FAX 9796901041 CASTLEGATE
' .
Application for Noise Ordinance Exemption
Planning & Development Services Department
1101 Tuas Ave.
College Station, TX 77840
979.764.3570 -phone 979.764.3496 -fax
Project Information
Name:
Location:
Applicant Information
Name: NA4dc£ ~ues
Address: 4'9~ ~f~~ -!§ City, State, Zip: Y/:· JJ
Phone: 9?9-£90 -7l..5<2 Mobile: .
Date(s) of Proposed Concrete Pour: ~· ;!.. I -I}
Desired Starting Tirne: S";· a:;? A /v1. •
Size of Proposed Pour
Cubic yards: ;{Or.2
Surface area: 5?J 000 A
I hereby make application to the City of College Station for an exemption to the noise
ordinance for the purposes of concrete placement on the date(s) and time(s) indicated
above. I certify that the above statements are true and correct. I understand that
operating beyond the terms of this application is a violation of the Code of Ordinances
and may result in the issuance of a citation. . ·, _ )
ApplicantSignature: dak ~//.A31
Printed Name: d£4A'cE ~
Date: ,. ;a L?-/;J
Note: The Building Official may, at his discretion, require additional information (such as project
proximity to residential property, methods of notifying neighboring property, etc.) as part of this
application . ............................... ~··e:· t++••··························
Offi . /Us ~yn ~ /_
Building Department Representative: --'=----11---------
Comments: /,
8Jr~13 Date: ----"-"'----
~ 001/001
City of College Station
Administrative Approval for Required Parkland Dedications of Less than Five Acres
1. Applicant Name: _______ H_ea_t_h_P_h_i_lli~PS~,_H_e_a_t_h_P_h_il~lip_s_ln_v_e_st_m_e_n_ts~,_L_L_C_. __________ _
Address: ______________ ~5~16=---=D~e~a=co=-ncc.....=D~ri~v=e~IN-'--"-es=t'-----------------
Phone: 979-229-5906 ----------------E-Mail : ____ h_e_at_h_s_u~pe_r_io_r_st_ru_c_t_u_re_s~@~y~a_h_o_o_.c_o_m __ _
2. Development Name: _______ B_a_r_ra_c_k_s_l l_S_e_c_ti_o_n_2_0_0 _____ _ Project #: ___ 1_3_-7_3 __ _
Development Location: _______ l_n_te_rs_e_c_ti_o_n_o_f_D_e_a_c_o_n _D_r_iv~e_a_n_d_T_o~w_e~r~s_P_a_r_kw_a_y~-------
3. Dwelling Units: _l§_ Single Family
~Single Family
~O __ Multi-family Units, located in Neighborhood Park Zone _15~_
0 Multi-family Units, located in Community Park Zone B
4. Development Fees and Dedication Requirements:
a. Land Dedication or Fee in Lieu of Land (Choose One):
Neighborhood Community Total
Single Family: One (1) acre per 117 DU 's 0 ac One (1) acre per 128 DU's 0 ac = 0 ac
Multi-family: One (1) acre per 117 DU 's 0 ac One (1) acre per 128 DU's 0 ac = 0 ac
TOTAL = 0 Acres
-OR-
Fee Paid in Lieu of Land Dedication
Neighborhood Community
Single Family: @ $274.00 per DU $ --~O __ @ $250.00 per DU $ __ 7~0_0_0 __ = $ __ -'7--'-0"-'0'-=0'---
Multi-family: @ $274.00 per DU $ --~o __ @ $250.00 per DU $ ___ 0~-$ ___ .=..o __ _
TOTAL (Neighborhood and Community) = $ 7 000
b. Development Fee:
Neighborhood Community
Single Family @ $362.00 per DU $_--=-0 __ Single Family@ $375.00 per DU $ 10.500 = $ 10 500
Multi-family @ $362.00 per DU $_--=-0 __ Multi-family@ $750.00 per DU$ ~O __ =$~0 __ _
TOTAL (Neighborhood and Community) = $ 10,500
5. Comments: Park land dedication provided with previous phases. Developer is constructing park improvements.
The City of College Station agrees to accept:
GRAND TOTAL (Neighborhood and Community) 28 Units x $625 = $ 17 500
Land Dedication _o""----------
Name Date
LETTER OF COMPLETION
CITY ENGINEER
CITY OF COLLEGE STATION
COLLEGE STATION, TEXAS
Dear Sir:
DATE: t/d g I/-l-tJJ3
RE: COMPLETION OF .£3A/l/l/IC/<f ef ..... ZA ----£22 15Pl~:_T3
The purpose of our letter is to request that the following listed improvements be
approved and accepted as being constructed under City inspection and c:ompleted
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 subcontracts 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. ~ ( ....I
The one-year warranty is hereby affirmed and agreed to by µh/M 6
and by their subcontractors as indicated by signatures below.
WORK COMPLETED
'· . '}il t"'.h t: s IP.! IUN
cS1'12/l_d
•
WARWTYDATE
t2ct -gf-_ :z.013
-0/C/-/-f--2.:? IJ
0 4?" ;?{)-7-0I]
C2r..L -:?~-;t.~;J .
Owner: h/_,u/( /!/t!l.d/Y ..zivE.Jf.nf~tractor: · ,
.59_V16 . .
Phone Nuro.~err1.9/~,.,,.t~f~ ~1;1~~1?~9~1~u'q1·~~~~. ·:€797:-<r.-9a;·;n~
Addr~ss: J? #W;J Address: ''qtz9~ cAs/'~ 011. r: t:?. ,t:JoX ;z 6 :Z. . J
.6!,,E'L' h L?o /l,ol Ca499E r5'l~OH ·--
r k: ·zZM! Signature:~ fl; 77?1<5 . Signature:~~~
ACCEPTANCE & APPROVAL
If-.. :__ -r ~
Revised 1131/07
SOP: Filin of Final Plats -Letters of Com letion
Engineering Inspector/Date: _:X ~ 4,;K... /1-;1-{-l'!J
Project Engineer/Date: 1:in1e).Ac £\~;\,'"\ \,\(Sf 0
DP Number: 13--1-3
10/07/10
Inspectors shall acquire written (i.e. email) punchlist comments and subsequently written
confirmation from the following contacts before forwarding Letter of Completion to development
review engineer:
~Erosion/Drainage: Donnie Willis (0: 764-6375, C: 229-7632) <p CS Water Services -General: Charles "Butch" Willis (0: 764-3435, C: 777-1202)
• Water -coordinate fire flow analyses (or the design engineer for non-city utilities)
and confirm test results meets min requirements with the dev review engineer
(specific hydrants to test, if simultaneous, and min allowable flow)
• Sanitarv
CS Water Service -Liftstation: Doug Wallace (0: 764-6333)
,9,(CS Electric and Streetlights: Gilbert Martinez (0: 764-6255)
(£) BTU Electric and Streetlights: Sonia Creda (0: 821-5770)
John Fontinoe or Randy Trimble (0: 821-5728)
~onfirm with development review engineer that service agreement is in place with BTU
~ ~on-City Utility Service Providers: (Wellborn Water SUD, Brushy Creek SUD, Wickson
Creek SUD, etc) confirm with development review engineer that infrastructure is complete
and for outstanding issues, . \tk Digital Constrution Pictures: From contractor on CD-R, Inspector to confirm and file
l\J Record Drawings: (2 Red-Lined Copies) for all Public Infrastructure with the
following attestation:
"I, General Contractor for development, certify that the
improvements shown on this sheet were actually built, and that said improvements are
shown substantially hereon. I hereby certify that to the best of my knowledge, that the
materials of construction and sizes of manufactured items, if any are stated correctly
hereon."
General Contractor
~Record Drawings: (2 Red-Lined Copies) for Public Drainage Infrastructure including
Private Detention Facilities with the following attestations:
"I hereby attest that I am familiar with the approved drainage plan and associated
construction drawings and furthermore, attest that the drainage facilities have been
constructed within dimensional tolerances prescribed by the Bryan & College station
Unified Stormwater Design Guidelines and in accordance with the approved construction
plans or amendments thereto approved by the City of College Station."
(affix seal) Licensed Professional Engineer
State of Texas No. ___ _
"I certify that the subdivision improvements shown on this sheet were actually built, and
that said improvements are substantially as shown hereon:!,•1 f'llrther cfortify, to the best of
my knowledge, that the materials of construction and sizes:of manufact"t.lred items; i.f any,
are stated correctly hereon." · -< : '. '· ... . . . .i . · .• t •• ...
General Contractor
Inspectors to review Red-lined Record Drawings, upon acceptable confirmation of drawings,
inspector to:
~~le one set of Record Drawings in Public Works files, and ~forward one set of Record Drawings to Jeffery Speed (CSU)
Inspectors should forward Letters of Completion to the development review engineer that
reviewed and stamped the construction plans after confirming:
~the date on the Letter of Completion Warranty should reflect the date when all associated
:--/~unchlist items are completed, and cp the Owner is shall be listed as the one affirming the one-year warranty
Development review engineer to:
o Add Dev Permit Number to Letter of Completion
o stamp the Letter of Completion to confirm by initialing that the final plat is filed (or mylar
is ready to be filed), all necessary easements (including offsite) have been filed, and
blanket easement issues are resolved, and
o initial and route the Final Plat mylar for filing. (Note if the developer provided surety the
plat it may have been filed ahead of construction.)
Deborah Grace-Rosier (Planning) to file the Final Plat utilizes a coversheet to confirm:
o infrastructure is accepted by Letter of Completion -or-Surety is provided and acceptable,
o signed and notarized mylar of final plat,
o parkland dedication has been paid,
o digital file of final plat is provided,
o a current paid tax certificate has been submitted,
o sidewalk fee in lieu paid (if applicable), and
Development review engineer, upon the filing of Final Plat, stamp the Letter of Completion
with the new stamp and verify-initial-n/a the Final Plat was filed, offsite easements have been
filed, we have all necessary easements, etc -and then forward the Letter of Completion to Alan
Gibbs (City Engineer) for final signature.
Carol (Sr. Asst. City Engineer) to:
o enter the engineer's estimate and Letter of Completion date into Inspection List
o forward hard original of finalized Letter of Completion to Mandi Alford {P&DS).
Mandi to: verify
o signatures on the Letter of Completion,
o forward scanned copy of Letter of Completion and associated Engineers Estimate to the
owner, developer, contractor, Terry Boriskie (Building), Ben McCarty (Building), Chris
Haver (Building), Carol Thompson {Accounting), Kristina Keller (Accounting), Courtney
Kennedy (Accounting), Jeffery Speed (CSU), Stephen Maldonado Sr. (CSU), Charles
"Butch" Willis (CSU), Carol Cotter (Engineering), Alan Gibbs (Engineering), Erika Bridges
(Engineering), Danielle Singh (Engineering), Gilbert Martinez (Electric) and Deborah Grace-
Rosier {Planning). Kristina Keller will forward to Diane Broadhurst {CSU) after her review.
o if don't have email addresses, mail copies to the owner and contractor, and
o place the original in Development Permit file.
Deborah to place a hard copy of the Letter of Completion in the associated Planning Final Plat file.
,
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SCHULTZ ENGINEERING, LLC.
2730 Longmire Drive, Suite A
College Station, Texas 77845
Firm No. 12327
The Barracks II Subdivision
Phase 200
Engineer's Estimate of Construction
Concrete Pavement Option
Description Unit
General Items
Mobilization, Overhead and Construction Staking LS
Topsoil Removal and Replacement, complete in place LS
Install End of Street (End of Sidewalk) Signs, complete in place EA
Erosion & Sediment Control -SWPPP Implementation & Maintenance, Silt LS Fence, Construction Exit, Rock Filter Dam, etc., complete in place
Hydroseed and Hydromulch, complete in place SY
Street Construction Items Concrete Pavement
Excavation & Grading, complete in place . LS
Mixing & incorporation of lime, 6" deep, complete in place SY
Mixing & incorporation of lime, 8" deep, complete in place SY
Hydrated Lime, complete in place (27 lb/sy fot 6" deep & 36 lb/sy for 8" deep) Ton
6" Reinforced Concrete Pavement w/ Laydown Curb, complete in place SY
7" Reinforced Concrete Pavement w/Curb, complete in place SY
Reinforced Concrete Pavement -Aprons -6" Thick w/ Monolithic Standard Curb, SF complete in place
Concrete Sidewalk & Ramps -4" thick, complete in place SF
ADA Ramps -Detectable Warning Surfaces, complete in place EA
Estimated Unit Price Ouantitv
l $ 4,500.00
l $ 5,000.00
11 $ 200.00
l $ 2,000.00
3,260 $ 0.50
General Items Subtotal
l $ 12,000.00
4,295 $ 2.00
1,420 $ 2.30
85 $ 170.00
3,415 $ 30.00
1,288 $ 32.50
3,320 $ 4.00
14,685 $ 3.20
12 $ 450.00
Street Construction Concrete Pavement Items Subtotal
Page 1of3
Total
$ 4,500.00
$ 5,000.00
$ 2,200.00
$ 2,000.00
$ 1,630.00
$ 15,330.00
$ 12,000.00
$ 8,590.00
$ 3,266.00
$ 14,450.00
$ 102,450.00
$ 41,860.00
$ 13,280.00
$ 46,992.00
$ 5,400.00
$ 248,288.00
' J
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The Barracks II Subdivision
Phase 200
Engineer's Estimate of Construction
Concrete Pavement Option
Water Construction Items
8" C900 Water Pipe w/tracer wire -Structural Backfill, complete in place LF
6" C900 Water Pipe w/tracer wire -Structural Backfill, complete in place LF
Fire Hydrant Assembly (w/ valve, vert. extension), complete in place EA
Connect to Existing Water Line EA
8" M.J. Gate Valve, complete in place EA
6" M.J. Gate Valve, complete in place EA
8" x 6" M.J. Tee, complete in place EA
6" x 6" M.J. Tee, complete in place EA
8" x 8" M.J. Cross, complete in place EA
8" x 6" M.J. Reducer, complete in place EA
8" x 45° M.J. Bend, complete in place EA
6" x 45° M.J. Bend, complete in place EA
6" x 22.5° M.J. Bend, complete in place EA
I" Water Service,< 15 ft (avg length = 2 ft) EA
l" Water Service, > 15 ft (avg length= 50 ft) EA
1.5'' Water Service,< 15 ft (avg length = 1 ft) EA
1.5" Water Service,> 15 ft (avg length = 49.5 ft) EA
2" Blowoff Assembly, complete in place EA
Waterline Testing LS
465 $ 26.00
1120 $ 22.00
2 $ 3,500.00
2 $ 500.00
3 $ 1,200.00
3 $ 850.00
2 $ 500.00
1 $ 450.00
1 $ 600.00
2 $ 250.00
8 $ 350.00
9 $ 300.00
2 $ 300.00
5 $ 600.00
3 $ 1,000.00
6 $ 800.00
4 $ 1,200.00
3 $ 1,000.00
1 $ 1,000.00
Water Construction Items Subtotal
Storm Sewer Construction Items
24" RCP Pipe, complete in place (Structural) LF 158 $ 45.00
30" RCP Pipe, complete in place (Structural) LF 204 $ 60.00
36" RCP Pipe, complete in place (Structural) LF 136 $ 80.00
36" HDPE Pipe, complete in place (Non-Structural) LF 20 $ 55.00
42" RCP Pipe, complete in place (Structural) LF 410 $ 110.00
42" HDPE Pipe, complete in place (Structural) LF 579 $ 85.00
Curb Inlet-10' wide, complete in place EA 6 $ 3,000.00
Curb Inlet -5' wide, complete in place EA 2 $ 2,800.00
Double Grate Inlet, complete in place EA 1 $ 3,500.00
4.5'x4.5' Junction Box, complete in place EA 2 $ 2,500.00
5'x4' Junction Box, complete in place EA 1 $ 2,600.00
Rock RipRap, complete in place SY 130 $ 20.00
TV Testing and Inspection, complete in place LF 1,507 $ 2.00
Storm Sewer Construction Items Subtotal
Page 2 of 3
$ 12,090.00
$ 24,640.00
$ 7,000.00
$ 1,000.00
$ 3,600.00
$ 2,550.00
$ 1,000.00
$ 450.00
$ 600.00
$ 500.00
$ 2,800.00
$ 2,700.00
$ 600.00
$ 3,000.00
$ 3,000.00
$ 4,800.00
$ 4,800.00
$ 3,000.00
$ 1,000.00
$ 78,130.00
$ 7,110.00
$ 12,240.00
$ 10,880.00
$ 1,100.00
$ 45,100.00
$ 49,215.00
$ 18,000.00
$ 5,600.00
$ 3,500.00
$ 5,000.00
$ 2,600.00
$ 2,600.00
$ 3,014.00
$ 165,959.00
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The Barracks II Subdivision
Phase 200
Engineer's Estimate of Construction
Concrete Pavement Option
Sanitary Sewer Construction Items
6" PVC Sewer Line -D3034 -Structural Backfill, complete in place LF
6" PVC Sewer Line -ASTM D-2241 -Structural Backfill, complete in place LF
8" PVC Sewer Line -D3034 -Structural Backfill, complete in place LF
8" PVC Sewer Line -ASTM D-2241 -Structural Backfill, complete in place LF
4" Sewer Service-Single (avg. length= 6 ft), complete in place EA
4" Sewer Service-Double (avg length = 3 ft), complete in place EA
4" Sewer Service-Single (avg length = 73 ft), complete in place EA
4" Sewer Service-Double (avg length = 48 ft), complete in place EA
Tie-In to Existing 8" PVC Sewer Line, complete in place EA
Concrete Manhole -4' Dia. -complete in place EA
TV Testing and Inspection, complete in place LF
841 $ 18.00
20 $ 20.00
180 $ 22.00
20 $ 24.00
I $ 300.00
5 $ 400.00
I $ 850.00
8 $ 950.00
I $ 500.00
4 $ 2,800.00
1,510 $ 2.00
Sanitary Sewer Construction Items Subtotal
General Items Subtotal $
Street Construction Concrete Pavement Items Subtotal $
Water Construction Items Subtotal $
Storm Sewer Construction Items Subtotal $
Sanitary Sewer Construction Items Subtotal $
TOT AL CONSTRUCTION $
$ 15,138.00
$ 400.00
$ 3,960.00
$ 480.00
$ 300.00
$ 2,000.00
$ 850.00
$ 7,600.00
$ 500.00
$ 11 ,200.00
$ 3,020.00
$ 45,448.00
15,330.00
248,288.00
78,130.00
165,959.00
45,448.00
553,155.00
F-12327
SCHULTZ ENGIN.EERING, LLC;
Page 3 of 3
$gchultz Engineering, LLC
September 10, 2013
Danielle Singh, P .E.
Asst. City Engineer
City of College Station
1101 Texas Avenue
College Station, TX 77840
Re: THE BARRACKS II SEC 200 (FP) -13-00900073
Dear Ms. Singh:
Office: 979.764.3900
Fax: 979.764.3910
Attached is an Engineers Estimate to Complete Construction of the infrastructure for The Barracks
Section 200. This estimate includes 150% of the cost for the vegetation establishment. Also
attached is a check in the amount of the estimated cost, $54,010, for the financial guarantee for the
remaining work so the plat can be scheduled for Planning & Zoning Commission action.
The remaining work is planned to be completed in the next 3 to 6 weeks from the date of this letter.
If you have any questions, please do not hesitate to call.
Very truly yours,
Schultz Engineering, LLC.
Joe Sc ltz, P .E.
Civil ngineer
P.O. Box 11995 • College Station, Texas 77842
schultzengineeri ngllc.com
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SCHULTZ ENGINEERING, LLC.
2730 Longmire Drive, Suite A
College Station, Texas 77845
Firm No. 12327
The Barracks II Subdivision
Phase 200
Engineer's Estimate to Complete Construction
September 9, 2013
Description Unit Estimated Unit Price Ouantitv
General ltema ·
Mobilization, Overhead and Construction Staking LS I $ 4,500.00
Topsoil Removal and Replacement, complete in place LS I $ 5,000.00
Install End of Street (End of Sidewalk) Signs, complete in place EA II $ 200.00
Street Name Signs, complete io place EA 3 $ 350.00
Stop Signs, complete in place EA 3 $ 400.00
Pavement Striping and Markings, complete in place LS I s 2,500.00
Erosion & Sediment Control -SWPPP Implementation & Maintenance, Silt LS I $ 2,000.00 Fence, Construction Exit, Rock Filter Daro, etc., complete in place
Hydroseed and Hydromulcb, complete in place SY 3,260 s 0.50
General Items Subtotal
.· ··.~··••h\ Street Construction Items Concrete Pavement
Excavation & Grading, complete in place LS I $ 12,000.00
Mixing & incorporation of lime, 6" deep, complete in place SY 4,295 $ 2.00
Mixing & incorporation of lime, 8" deep, complete in place SY 1,420 $ 2.30
Hydrated Lime, complete in place (27 lb/sy fot 6" deep & 36 lb/sy for 8" deep) Too 85 $ 170.00
6" Reinforced Concrete Pavement w/ Laydown Curb, complete in place SY 3,415 $ 30.00
7" Reinforced Concrete Pavement w/Curb, complete in place SY 1,288 $ 32.50
Reinforced Concrete Pavement -Aprons -6" Thick w/ Monolithic Standard Curb, SF 3,320 $ 4.00 complete in place
Concrete Sidewalk & Ramps -4" thick, complete in place SF 14,685 s 3.20
ADA Ramps -Detectable Warning Surfaces, complete in place EA 12 $ 450.00
Street Construction Concrete Pavement Items Subtotal
Page 1 of 3
Total %Complete Amount Amount
Ouantitv Comolete 1$) RemaininR 1$)
$ 4,500.00 100% $ 4,500.00 $0.00
$ 5,000.00 60% $ 3,000.00 $2,000.00
s 2,200.00 60% $ 1,320.00 $880.00
s 1,050.00 0% $0.00 $1 ,050.00
$ 1,200.00 0% $0.00 $1,200.00
$ 2,500.00 0% $0.00 $2,500.00
$ 2,000.00 75% $ 1,500.00 $500.00
$ 1,630.00 0% $0.00 $1,630.00
s 20,080.00 Remainini: Subtotal s 9,760.00
$ 12,000.00 90% $ 10,800.00 $1,200.00
$ 8,590.00 100% $ 8,590.00 $0.00
s 3,266.00 100% $ 3,266.00 $0.00
$ 14,450.00 100% $ 14,450.00 $0.00
$ 102,450.00 100% $ 102,450.00 $0.00
$ 41,860.00 100% $ 41,860.00 $0.00
s 13,280.00 100% $ 13,280.00 $0.00
s 46,992.00 35% s 16,447.20 $30,544.80
s 5,400.00 0% $0.00 $5,400.00
s 248,288.00 Remaininc Subtot1J s 37,144.80
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The Barracks II Subdivision
Phase 200
Engineer's Estimate to Complete Construction
September 9, 2013
Description Unit Estimated Unit Price Cluantitv
Water Con•truction Item•
8" C900 Water Pipe w/tracer wire -Structural Backfill, complete in place LF 46S $ 26.00
6" C900 Water Pipe w/tracer wire -Structural Backfill, complete in place LF 1120 $ 22.00
Fire Hydrant Assembly ( w/ valve, vert. e><tension), complete in place EA 2 $ 3,S00.00
Connect to Existing Water Line EA 2 $ S00.00
8" M.J. Gate Valve, complete in place EA 3 $ 1,200.00
6" M.J. Gate Valve, complete in place EA 3 $ 8SO.OO
8" x 6" M.J. Tee, complete in place EA 2 $ S00.00
6" x 6" M.J. Tee, complete in place EA I $ 4SO.OO
8" " 8" M.J. Cross, complete in place EA I $ 600.00
8" "6" M.J. Reducer, complete in place EA 2 s 2S0.00
8" "4S0 M.J. Bend, complete in place EA 8 $ 350.00
6" "45° M.J. Bend, complete in place EA 9 $ 300.00
6" "22.S0 M.J. Bend, complete in place EA 2 $ 300.00
I" Water Service,< IS ft (avg length = 2 ft) EA s $ 600.00
I" Water Service,> IS ft (avg length= SO ft) EA 3 $ 1,000.00
LS" Water Service,< IS ft (avg length= I ft) EA 6 $ 800.00
LS" Water Service,> IS ft (avg length= 49.S ft) EA 4 $ 1,200.00
· i''Blowoff Assembly, complete in place EA 3 $ 1,000.00
Waterline Testing LS I $ 1,000.00
Water Comtruction Item• Subtotal
Storm Sewer Con•truction Item•
24" RCP Pipe, complete in pince (Structural) LF IS8 $ 4S.OO
30" RCP Pipe, complete in place (Structural) LF 204 $ 60.00
36" RCP Pipe, complete in place (Structural) LF 136 $ 80.00
36" HDPE PipC, 7o~;plete in place (Non-Structural) LF 20 $ SS.00
42" RCP Pipe, complete in place (Structural) LF 410 $ 110.00
42" HDPE Pipe, complete in place (Structural) LF S79 $ 85.00
Curb Inlet -10' wide, complete in place EA 6 $ 3,000.00
Curb Inlet -5' wide, complete in pince EA 2 $ 2,800.00
Double Grate Inlet, complete in place EA I $ 3,500.00
4.5'><4.S' Junction Bo><, complete in place EA 2 $ 2,S00.00
S'><4' Junction Bo><, complete in place EA I $ 2,600.00
Rock RipRnp, complete in place SY 130 $ 20.00
TV Testing and Inspection, complete in place LF l,S07 $ 2.00
Storm Sewer Construction Items Subtotal
Page 2 of 3
Total %Complete Amount Amount
Ouantitv Comnlete ($) Remaininll ($)
$ 12,090.00 100% $ 12,090.00 $0.00
$ 24,640.00 100% $ 24,640.00 $0.00
$ 7,000.00 9S% $ 6,6SO.OO $3SO.OO
$ 1,000.00 100% $ 1,000.00 $0.00
$ 3,600.00 90% $ 3,240.00 $360.00
$ 2,SS0.00 90% $ 2,29S.OO $2SS.OO
$ 1,000.00 IOOo/o $ 1,000.00 $0.00
$ 4SO.OO 100% $ 4SO.OO $0.00
$ 600.00 100% $ 600.00 $0.00
$ S00.00 100% $ S00.00 $0.00
$ 2,800.00 100% $ 2,800.00 $0.00
$ 2,700.00 100% $ 2,700.00 $0.00
$ 600.00 100% $ 600.00 $0.00
$ 3,000.00 100% $ 3,000.00 $0.00
$ 3,000.00 100% $ 3,000.00 $0.00
$ 4,800.00 100% $ 4,800.00 $0.00
$ 4,800.00 100% $ 4,800.00 $0.00
$ 3,000.00 9S% $ 2,8SO.OO SIS0.00
$ 1,000.00 0% $0.00 $1,000.00
$ 78,130.00 Remaininc Subtotal $ 2,115.00
$ 7,110.00 100'1. $ 7,110.00 $0.00
$ 12,240.00 100% $ 12,240.00 $0.00
$ 10,880.00 100% $ 10,880.00 $0.00
$ 1,100.00 100% $ 1,100.00 $0.00
$ 4S,I00.00 100% $ 4S,100.00 $0.00
$ 49,215.00 100% $ 49,215.00 $0.00
$ 18,000.00 90% $ 16,200.00 $1,800.00
$ 5,600.00 90% $ S,040.00 $560.00
$ 3,S00.00 7S% $ 2,625.00 $875.00
$ S,000.00 9S% $ 4,7SO.OO $250.00
$ 2,600.00 9S% $ 2,470.00 $130.00
$ 2,600.00 100% $ 2,600.00 $0.00
$ 3,014.00 100% $ 3,014.00 $0.00
$ 165,959.00 Rtmaininc Subtotal $ J,615.00
..
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The Barracks II Subdivision
Phase 200
Engineer's Estimate to Complete Construction.
September 9, 2013 ·
Description Unit Estimated Unit Price Ouantitv
Sanitary Sewer Construction Items
6" PVC Sewer Line -D3034 -Structural Backfill, complete in place LF 841 $ 18.00
6" PVC Sewer Line -ASTM D-2241 -Structural Backfill, complete in place LF 20 $ 20.00
8" PVC Sewer Line -D3034 -Structural Backfill, complete in place LF 180 $ 22.00
8" PVC Sewer Line -ASTM D-2241 -Structural Backfill, complete in place LF 20 $ 24.00
4" Sewer Service-Single (avg. length = 6 ft), complete in place EA I $ 300.00
4" Sewer Service-Double (avg length= 3 ft), complete in place EA 5 $ 400.00
4" Sewer Service-Single (avg length= 73 ft), complete in place EA 1 $ 850.00
4" Sewer Service-Double (avg length = 48 ft), complete in place EA 8 s 950.00
Tie-In to Existing 8" PVC Sewer Line, complete in place EA 1 $ 500.00
Concrete Manhole -4' Dia. -complete in place EA 4 $ 2,800.00
TV Testing and Inspection, complete in place LF 1,510 $ 2.00
Sanitary Sewer Construction Items Subtotal
$
$
s
s
s
s
$
s
$
$
$
s
Total
General Items Subtotal s
Street Construction Concrete Pavement Items Subtotal s
Water Construction Items Subtotal s
Storm Sewer Construction Items Subtotal s
Sanitary Sewer Construction Items Subtotal s
50% Additional for Grass s
TOTAL CONSTRUCTION s
Page 3 of 3
Total %Complete Amount Amount
Ouantitv Comolete ($) Remainin• ($)
15,138.00 100% $ 15,138.00 $0.00
400.00 100% $ 400.00 $0.00
3,960.00 100% s 3,960.00 $0.00
480.00 100% $ 480.00 $0.00
300.00 100% $ 300.00 $0.00
2,000.00 100% $ 2,000.00 $0.00
850.00 100% $ 850.00 $0.00
7,600.00 100% $ 7,600.00 $0.00
500.00 100% $ 500.00 $0.00
11,200.00 95% $ 10,640.00 $560.00
3,020.00 100% $ 3,020.00 $0.00
45,448.00 Remaininc Subtotal s 560.00
Remaininl!
20,080.00 s 9,760.00
248,288.00 s 37,144.80
78,130.00 s 2,115.00
165,959.00 s 3,615.00
45,448.00 s 560.00
815.00 s 815.20
557,905.00 s 54,010.00
CONCRETE COMPRESSIVE STRENGTH TEST REPORT
Report Number: All31069.0018
09/03/13
lrerracon
Service Date:
Report Date: 10/02113
Task:
Client
Heath Phillips Investments
Attn: Heath Phillips
P.O Box 262
Wellborn, TX 77881
Revision 2 -28-day results
Project
Barracks Phase 200
6198 Imperial Loop
College Station, TX 77845
979-846-3767 Reg No: F-3272
Rock Prairie at Holleman Drive
College Station, TX 77845
ProjectNumber: All31069
Material Information
Specified Strength: 3,500 psi @ 28 days
Sample Information
Sample Date: 09/03 /13 Sample Time: 0950
Sampled By: Randolph E. Rohrbach
Mix ID: l" 3500 Weather Conditions: Partly cloudy, light wind
Supplier: B.V.S. Construction Accumulative Yards: 10/25 Batch Size (cy): 10
Batch Time: 0909 Plant: BCS Placement Method: Direct Discharge
Truck No.: 84 Ticket No.: 24110 Water Added Before (gal):
Field Test Data
Test
Slump (in):
Air Content(%):
Concrete Temp. (F):
Ambient Temp. (F):
Plastic Unit Wt. (pct):
Yield (Cu. Yds.):
Result
7 *
l.8 *
88
87
145.8
Specification
Max3
3 - 5
40 -95
40 -95
Not Specified
* = Field Test Results do not meet project specifications.
Water Added After (gal):
Sample Location:
Placement Location:
Station O+oO, Papa Bear Drive at
Station l +75, Towers Parkway
Intersection apron of Towers Parkway
and Papa Bear Drive
Laboratory Test Data Age at Maximum Compressive
Set Specimen Avg Diam. Area Date Date Test Load Strength
No. ID (in) (sq in) Received Tested (days) (lbs)
l A 4.00 12.5 7 09/04/13 09/12/13 9 44,290
B 4.00 12.57 09/04/13 10/01/13 28 43,580
c 4.00 12.57 09/04/13 I O/Ol/13 28 44,640
D 4.00 12.57 09/04/13 10/01/13 28 43,090
Average (28 days)
E 4.00 12.57 09/04113 I 0/29/13 56
Comments: *Average compressive strength of28 day cylinders does not comply with the specified strength.
*Specimen lE was re-marked for 56-day break.
Samples Made By: Terracon
(psi)
3,520
3,470
3,550
3,430
3,480
Fracture
Type
3
3
3
3
*
Services: Obtain samples of fresh concrete at the placement locations (ASTM C 172), perform required field tests and cast, cure, and
test compressive strength samples (ASTM C 31, C 39, C 1231).
Terracon Rep.: Randolph E. Rohrbach Started: 0830
Reported To: Finished: 1115
Contractor:
Report Distribution:
(1) Heath Phillips Investments, Heath Phillips (I) B.V.S. Construction, Inc., Rebecca Rice Reviewed By:
(I) City of College Station TX, Danielle Singh (I) City of College Station TX, Israel Koite
(I) Goodwin -Lasiter Inc, John Rusk
(I) Schultz Engineering LLC, Joe Schultz
(I) Greens Prairie Investors Ltd, Wallace Phillips
(l) Terracon Consultants, Inc., Mark Dornak
Test Methods: ASTM C 3 l , ASTM Cl43, ASTM C231, ASTM Cl064
The tests were performed in general accordance with applicable ASTM, AASHTO, or DOT test methods. This report is exclusively for the use of the client
indicated above and shall not be reproduced except in full without the written consent of our company. Test results transmitted herein are only applicable to the
actual samples tested at the location(s) referenced and are not necessarily indicative of the properties of other apparently similar or identical materials.
CROOOI, 8-27-11, Rev.5 Page I of I
Doc Bk Vol pg
01159890 OR 11419 143
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE
OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE
PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Easement Agreement for Drainage
WHEREAS, College Station Independent School District ("District") and Heath Phillips
Investments, LLC ("Phllllps") own adjoining tracts of real property adjacent to Holleman Drive South,
College Station, Brazos County, Texas (the "Tracts"), said tracts are more fully described on Exhibit "A"
and Exhibit "B" hereto and incorporated for all purposes herein; and
WHEREAS, Phillips and the District entered into a Joint Development Agreement ("JOA"),
effective July 20, 2011, regarding development of the Tracts; and
WHEREAS on July 20, 2011, the District made a Resolution approving the JOA, other documents
necessary to accomplish a dedication of land anticipated by the JOA, and other documents necessary to
facilitate the JOA and to receive consideration pursuant to the JOA; and
WHEREAS, the instant Easement Agreement for Drainage is necessary to facilitate development
of the Tracts and accomplish the terms of the JOA;
WHEREAS, the District has determined that the parcel of real property ("Easement Property")
described on Exhibit "C" is not presently needed for school district purposes; and
WHEREAS, the consideration to be received by CSISD is greater than the fair market value of
the right of way to be conveyed.
NOW THEREFORE, College Station Independent School District makes the conveyance as
follows:
Date: , 2013
Grantor: College Station Independent School District, a Texas political subdivision
Grantor's Malling Address: 1812 Welsh, College Station, Texas 77840
Grantee: Heath Phillips Investments, LLC, a Texas limited liability company
Grantee's Mailing Address: 4490 Castlegate Drive, College Station, Texas 77845
Dominant Estate Property: Being a 108.88 acre tract or parcel of land, lying and being situated in
the Crawford Burnett League, Abstract No. 7, College Station, Brazos
County, Texas, and being more particularly described in Exhibit "A"
attached hereto and made a part hereof.
Servlent Estate Property: Being a 27.017 acre tract or parcel of land, lying and being situated in
the Crawford Burnett League, Abstract No. 7, College Station, Brazos
County, Texas, and being more particularly described in Exhibit "B"
attached hereto and made a part hereof.
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01159890 OR 11419 144
Easement Property: 398 square feet of land, more or less, lying and being situated in the
Crawford Burnett League, Abstract No. 7, College Station, Brazos
County, Texas, and being more particularly described in Exhibit "C"
attached hereto and made a part hereof.
Easement Purpose: For the installation, construction, operation, maintenance, replacement, repair,
upgrade, and removal of drainage facilities ("Facilities") to drain surface and
storm water off of the Dominant Estate Property.
Consideration: TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt
and sufficiency of which are acknowledged, and compliance with the terms of
that certain Joint Development Agreement dated July 20, 2011 by and between
Grantor and Grantee.
Reservations from Conveyance: Grantor reserves the right to use the Easement Property for purposes
that do not interfere with the Easement Purpose.
Exceptions to Warranty: Validly existing easements, rights-of-way, and prescriptive rights, whether of
record or not and all presently recorded and validly existing instruments, other than conveyances of the
surface fee estate that affect the Easement Property.
Grant of Easement: Granter, for the Consideration and subject to the Reservations from Conveyance
and Exceptions to Warranty, grants, sells, and conveys to Grantee and Grantee's heirs, successors, and
assigns an easement over, on, and across the Easement Property for the Easement Purpose, together
with all and singular the rights and appurtenances thereto in any way belonging (collectively, the
"Easement"), to have and to hold the Easement to Grantee and Grantee's heirs, successors, and assigns
forever. Grantor binds Granter and Grantor's heirs, successors, and assigns to warrant and forever
defend the title to the Easement in Grantee and Grantee's heirs, successors, and assigns against every
person whomsoever lawfully claiming or to claim the Easement or any part of the Easement, except as to
the Reservations from Conveyance and Exceptions to Warranty to the extent that such claim arises by,
through, or under Granter but not otherwise.
Terms and Conditions
The following terms and conditions apply to the Easement granted by this agreement:
1. Character of Easement. The Easement is appurtenant to, runs with, and inures to the
benefit of all or any portion of the Dominant Estate Property, whether or not the Easement is referenced
or described in any conveyance of all or such portion of the Dominant Estate Property. The Easement is
nonexclusive and irrevocable. The Easement is for the benefit of Grantee and Grantee's heirs,
successors, and assigns who at any time own any interest in the Dominant Estate Property (as
applicable, the "Holder"}.
2. Duration of Easement. The duration of the Easement is perpetual.
3. Reservation of Rights. Holder's right to use the Easement Property is nonexclusive, and
Grantor reserves for Grantor and Grantor's heirs, successors, and assigns the right to use all or part of
the Easement Property in conjunction with Holder as long as such use by Granter and Grantor's heirs,
successors, and assigns does not interfere with the use of the Easement Property by Holder for the
Easement Purpose, and the right to convey to others the right to use all or part of the Easement Property
in conjunction with Holder, as long as such further conveyance is subject to the terms of this agreement.
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011 59890 OR 11419 145
4. Secondary Easement Holder has the right (the "Secondary Easement") to use the
surface of the Servient Estate Property, not to exceed twenty feet (20') on each side of the Easement
Property ("Adjacent Property") as may be reasonably necessary to install and maintain the Facilities
within the Easement Property that are reasonably suited for the Easement Purpose. However, Holder
must promptly restore the Adjacent Property to its previous physical condition if changed by use of the
rights granted by this Secondary Easement.
5. Improvement and Maintenance of Easement Property. Improvement and maintenance of
the Easement Property and the Facilities will be at the sole expense of Holder. Holder must maintain the
Easement Property in a neat and clean condition. Holder has the right to construct, install, maintain,
replace, and remove the Facilities under or across any portion of the Easement Property. All matters
concerning the Facilities and their configuration, construction, installation, maintenance, replacement, and
removal are at Holder's sole discretion, subject to performance of Holder's obligations under this
agreement. Holder has the right to remove or relocate any fences within the Easement Property or along
or near its boundary lines if reasonably necessary to construct, install, maintain, replace, or remove the
Facilities, subject to replacement of the fences to their original condition on the completion of the work.
6. Equitable Rights of Enforcement. This Easement may be enforced by restraining orders
and injunctions (temporary or permanent) prohibiting interference and commanding compliance.
Restraining orders and injunctions will be obtainable on proof of the existence of interference or
threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable
harm, and will be obtainable only by the parties to or those benefited by this agreement; provided,
however, that the act of obtaining an injunction or restraining order will not be deemed to be an election of
remedies or a waiver of any other rights or remedies available at law or in equity.
7. Attorney's Fees. If either party retains an attorney to enforce this agreement, the party
prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs.
8. Binding Effect. This agreement binds and inures to the benefit of the parties and their
respective heirs, successors, and permitted assigns.
9. Choice of Law. This agreement will be construed under the laws of the state of Texas,
without regard to choice-of-law rules of any jurisdiction. Venue is in the county or counties in which the
Easement Property is located.
10. Counterparts. This agreement may be executed in any number of counterparts with the
same effect as if all signatory parties had signed the same document. All counterparts will be construed
together and will constitute one and the same instrument.
11. Waiver of Default. It is not a waiver of or consent to default if the nondefaulting party fails
to declare Immediately a default or delays in taking any action.· Pursuit of any remedies set forth in this
agreement does not preclude pursuit of other remedies in this agreement or provided by law.
12. Further Assurances. Each signatory party agrees to execute and deliver any additional
documents and instruments and to perform any additional acts necessary or appropriate to perform the
terms, provisions, and conditions of this agreement and all transactions contemplated by this agreement.
13. Indemnity. GRANTEE DOES HEREBY AGREE TO FULLY AND COMPLETELY
INDEMNIFY, DEFEND, SAVE, AND HOLD HARMLESS GRANTOR FROM AND AGAINST ANY AND
ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, JUDGMENTS, SUITS, DEBTS,
LIABILITIES, COSTS, EXPENSES, OR DAMAGES, INCLUDING, BUT NOT LIMITED TO COURT
COSTS, ATTORNEY'S FEES, AND JUDGMENTS INCURRED BY, IMPOSED UPON, OR ASSERTED
AGAINST GRANTOR ARISING FROM, INCIDENTAL TO, OR IN ANY WAY RELATED TO ANY INJURY,
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01159890 OR 11419 146
LOSS, DAMAGE, OR DEATH OR DAMAGE TO PROPERTY SUSTAINED BY GRANTOR OR ANY
THIRD PARTY BY REASON OF THE CONSTRUCTION, INSTALLATION, IMPROVEMENT, OR
MAINTENANCE OF ANY FACILITIES RUNNING UNDER OR ACROSS THE EASEMENT PROPERTY,
REGARDLESS OF WHETHER SUCH INJURY WAS DIRECTLY OR INDIRECTLY CAUSED BY ANY
NEGLIGENCE ON THE PART OF GRANTOR. Each party further agrees to indemnify, defend, and hold
harmless the other party from any loss, attorney's fees, expenses, or claims attributable to breach or
default of any provision of this agreement by the indemnifying party.
14. Entire Agreement. This agreement and any exhibits constitute the entire agreement of
the parties concerning the grant of the Easement by Granter to Grantee. There are no representations,
agreements, warranties, or promises that are not expressly set forth in this agreement and any exhibits.
15. Legal Construction. If any provision in this agreement is for any reason unenforceable, to
the extent the unenforceability does not destroy the basis of the bargain among the parties, the
unenforceability will not affect any other provision hereof, and this agreement will be construed as if the
unenforceable provision had never been a part of the agreement. Whenever context requires, the
singular will include the plural and neuter include the masculine or feminine gender, and vice versa.
Article and section headings in this agreement are for reference only and are not intended to restrict or
define the text of any section. This agreement will not be construed more or less favorably between the
parties by reason of authorship or origin of language.
16. Notices. Any notice required or permitted under this agreement must be in writing. Any
notice required by this agreement will be deemed to be delivered (whether actually received or not) when
deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested,
and addressed to the intended recipient at the address shown in this agreement. Notice may also be
given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially
reasonable means and will be effective when actually received. Any address for notice may be changed
by written notice delivered as provided herein.
17. Recitals. Any recitals in this agreement are represented by the parties to be accurate,
and constitute a part of the substantive agreement.
18. Time. Time is of the essence. Unless otherwise specified, all references to "days" mean
calendar days. Business days exclude Saturdays, Sundays, and legal public holidays. If the date for
performance of any obligation falls on a Saturday, Sunday, or legal public holiday, the date for
performance will be the next following regular business day.
[Signatures appear on following pages.]
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Grantor
College Station Independent School District, a Texas political subdivision
By: l)~c_~
Name: \JA..ctti16 A ':10C..Hl5N
Title: fbCA.(2..() PC2E"S\OetJI
STATE OF TEXAS
COUNTY OF BRAZOS
Doi: Bk Vol Ps
01159890 OR 11419 147
~ ...._ This instru?:flt was acknowledged before me on ~ 1..; f3 , 2013, by ~<'HfT"ift a , ~ 4---t;;:A, of College atiOli Independent School District, a
Texas political subdivision.
CHRISTINE HESTER
Notary Public, State of Texas
My Commission Expires
August 5, 2016
)
Notary Public, State of Texas
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Grantee
Heath Phillips Investments, LLC, a Texas limited liability company By:~~E"~
Name: ~z;1-1 ../:( &.u1e5
Title: ?Z.h4if.A!T
STATE OF TEXAS
COUNTY OF BRAZOS
Doc Bk Vol pg
01159890 OR 11•19 1•8
,~ This instrument was acknowledged before me on J l.A..WL.-\']
· ~e.(j_.,~ £\~\\i.~~ , ¥''<.e..~ ~J.~ of Heath Phillips Investments,
I 2013, by
LLC, a Texas
limited liability company.
~, .... ,,, ~~~r.'tV,~,0 SUZANNE BURGESS Q~·:" Not1ry Public, State of Texas ~~.;'~ My Commission Expires ,,~;.!,~~·· May 23, 2017
PREPARED IN THE OFFICE OF:
Mike Gentry
West, Webb, Allbritton & Gentry, PC
1515 Emerald Plaza
College Station, Texas 77845-1515
Tel: (979) 694-7000
Fax: (979) 694-8000
AFTER RECORDING RETURN TO:
West, Webb, Allbritton & Gentry, PC
1515 Emerald Plaza
College Station, Texas 77845-1515
Tel: (979) 694-7000 .
Fax: (979) 694-8000
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Exhibit "A"
(Dominant Estate Property)
METES AND BOUNDS DESCRIPTION
OFA
108.88 ACRE TRACT
CRAWFORD BURNETT LEAGUE, A-7
COLLEGE STATION, BRAZOS COUNTY, TEXAS
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01159890 OR 11419 149
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTATN TRACT OR PARCEL OF LAND LYING AND
BEING SITUATED IN THE CRAWFORD BURNE1T LEAGUE, ABSTRACT NO. 7, COLLEGE STATION,
BRAZOS COUNTY, TEXAS. SAID TRACT BEING THE REMAINDER OF A CALLED 136.063 ACRE TRACT AS
DESCRIBED BY A DEED TO L. M. HAUPT, nt AND WIFE, STELLA GBRh'N HAUPT RECORDED IN VOLUME
171, PAGE 392 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND THE REMAINDER OF A
CALLED 3.3 ACRE TRACT AS DESCRIBED BY A DEED TO LEWIS M. HAUPT, JR. RECORDED IN VOLUME
293, PAGE 788 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A V. INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF OLD WELLBORN ROAD
MARK.ING nm EAST CORNER OF SAID REMAINDER OF 136.063 ACRE TRACT AND nm NORm CORNER
OF A CALLED 12.40 ACRE TRACT AS DESCRIBED BY A DEED TO OSAGE, LID. RECORDED IN VOLUME
I 130, PAGE 570 OF Tiffi OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: S 41° 12' 34" W ALONG THE COMMON LINE OF SAID REMAINDER OF 136.063 ACRE TRACT
AND SAID 12.40 ACRE TRACT FOR A DISTANCE OF 317.37 FEET TO A 3/8 INCH IRON ROD FOUND
MARKINO THE WEST CORNER OF SAID 12.40 ACRE TRACT AND THE NORTII CORNER OF THE
REMAINDER OF A CAI.LED 8.833 ACRE TRACT AS DESCRIBED BY A DEED TO GREENS PRAIRIE
INVESTORS, LID. RECORDED IN VOLUME 8413, PAGE 22 OF THE OFFICIAL PUBLIC RECORDS OF
BRAZOS COUNTY, TEXAS;
THENCE: S 41° 55' 50" W ALONG THE COMMON LINE OF SAID REMAINDER OF 136.063 ACRE TRACT
AND SAID REMAINDER OF 8.833 ACRE TRACT FOR A DISTANCE OF 429.64 FEET TO A !I.. INCH IR.ON ROD
FOUND MARKING THE COMMON CORNER OF SAID REMAINDER OF 8.833 ACRE TRACT AND THE
REMAINDER OF A CALLED 3.0 ACRE TRACT AS DESCRIBED BY A DEED TO GREENS PRAIRIE
INVESTORS, LTD. RECORDED IN VOLUME 8513, PAGE 276 OF THE OFFICIAL PUBLIC RECORDS OF
BRAZOS COUNTY, TEXAS;
THENCE: S 41° 18' 46" W ALONG THE COMMON LINE OF SAID REMAINDER OF 136.063 ACRE TRACT
AND SAID REMAINDER OF 3.0 ACRE TRACT FOR A DISTANCE OF 124.14 FEET TO A !I.. INCH IR.ON ROD
FOUND MARKING nm NORm CORNER OF WlLLIAMSGA TE SUBDIVISION, PHASE 1, ACCORDING TO
THB PLA1' RECORDED IN VOLUME 7705, PAGE 206 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS
COUNTY, TEXAS;
THENCE: S 41° 30' 18" W ALONG 1HE COMMON LINE OF SAID REMAINDER OF 136.063 ACRE TRACT
AND WILLIAMSOA TE SUBDIVISION, PHASE 1, AND THE REMAINDER OP A CALLED 20.23 ACRB TRACT
AS DESCRIBED BY A DEED TO ROBBIE ROBINSON, L m. RECORDED IN VOLUME 6446, PAGE 92 OF rnE
OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR A DISTANCE OF 637.46 FEET TO A ~
INCH IRON ROD FOUND MARKING AN EASTERLY CORNER OF A CALLED 22.97 ACRE TRACT AS
DESCRIBED BY A DEED TO CHARLES l. 'IURNER AND MARYE. TURNER RECORDED IN VOLUME 3.331,
PAGE 61 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: N 49° SS' 35" W ALONG THB COMMON LINE OF SAID REMAINDER OF 136.063 ACRE TRACT
AND SAID 22.97 ACRE TRACT FOR A DISTANCE OF 562.09 FEET TO A Y.. INCH IRON ROD FOUND
MARK.ING THE NORTH CORNER OF SAID 22.97 ACRE TRACT;
THENCE: S 41° 2 I' 39" W CONTINUING ALONO 11iE COMMON LINE OP SAID REMAINDER OP 136.063
ACRE TRACT AND SAID 22.97 ACRE TRACT FOR A DISTANCE OF BOU9 FEET TO A~ INCH IRON ROD
FOUND ON nIE NORTHWEST LINE OF A CALLED 23.00 ACRE TRACT DESCRIBED AS TRACT 2 BY A
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01159890 OR 11419 150
DEED TO HENRY P. MA YO AND WIFE, SANDRA K. MA YO RECORDED IN VOLUME 1253, PAGE 878 OF
THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUN1Y, TEXAS, MARKING THE EAST CORNER OF A
CALLED 27 .017 ACRE TRACT DIVIDED OUT OF SAID REMAINDER OF 136.063 ACRE TRACT, SAID 27.017
ACRE TRACT NOT YET FILED OF RECORD AT THE TIME OF THIS DESCRIPTION;
THENCE: TIIROUGH SAID REMAINDER OF 136.063 ACRE TRACT AND ALONG THE NORTIIEAST AND
NORTIIWEST LINES OF SAID 27.017 ACRE TRACT FOR THE FOLLOWING CALLS:
N 47° 43' 18" W FOR A DISTANCE OF 898.64 FEET TO A Y2 INCH IRON ROD FOUND;
S 42° 56' 0 I" W FOR A DISTANCE OF 803.33 FEET TO A Y:a INCH IRON ROD FOUND MARKING
THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 468.50 FEET;
ALONG SAID CURVE TIIROUGH A CENTRAL ANGLE OF 25° 02' 43" FORAN ARC DISTANCE OF
204.79 FEET (CHORD BEARS: S 55° 26' 04" W -203.17 FEET) TO A Y:a INCH IRON ROD FOUND
MARKING THE ENDING POINT OF SAID CURVE;
S 67° 52' 33" W FOR A DISTANCE OF 30.24 FEET TO A 14 INCH IRON ROD FOUND ON THE
NORTHEAST LINE OF JONES BUTLER ROAD MARKING THE SOUIBWEST CORNER OF nns
HEREIN DESCRIBED TRACT;
THENCE: N 22° 02' 42" W ALONG THE NORTHEAST LINE OF JONES BUTLER ROAD, SAME BEING THE
SOUTiiWEST LINE OF SAID REMAINDER OF 3.3 ACRE TRACT, FORA DISTANCE OF 412.84 FEET TO A Y:a
INCH IR.ON ROD FOUND MARKING THE COMMON CORNER OF SAID REMAINDER OF 3.3 ACRE TRACT
AND A CALLED 29.175 ACRE TRACT AS DESCRIBED BY A DEED TO JOHN WHEELER BARGER, TRUSTEE,
RECORDED IN VOLUME 7583, PAGE 90 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNlY,
TEXAS;
THENCE: N 42° 14' 17" E ALONG THE COMMON LINE OF SAID REMAINDER OF 3.3 ACRE TRACT AND
SAID REMAINDER OF 136.063 ACRE TRACT AND SAID 29.175 ACRE TRACT FORA DISTANCE OF 3402.74
FEET TO A 6 INCH FENCE CORNER POST FOUND ON THE SOUTHWEST LINE OF OLD WELLBORN ROAD
MARKING THE NORTH CORNER OF nns HEREIN DESCRIBED TRACT;
THENCE: S 47° 04' 17" E ALONG THE SOUTIIWEST LINE OF OLD WELLBORN ROAD FOR A DISTANCE OF
1867.58 FEET TO THE POINT OF BEGINNING CONTAINING l 08.88 ACRES OF LAND, MORE OR LESS, AS
SURVEYED ON THE GROUND MARCH 2010. SEE PLAT PREPARED MARCH 2010, FOR MORE
DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS
ESTABLISHED FROM GPS OBSERVATION.
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502
D:/WORK/MAB/1 0-024.MAB
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Exhibit "B"
(Servient Estate Property)
FIELD NOTES
27.017 ACRES
OUT OF THE
L. M. HAUPT, JR., ET UX
CALLED 136.063 ACRE TRACT
VOLUME 171, PAGE 392
CRAWFORD BURNETT LEAGUE, A-7
COLLEGE STATION, BRAZOS COUNTY, TEXAS
NOVEMBER 30, 2009
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01159890 OR 11419 151
All that certain lot, tract or parcel of land being 27.017 acres situated in the CRAWFORD BURNETT
LEAGUE, Abstract No. 7, Brazos County, Texas, and being a part of that certain Called 136.063 acre
tract described in deed from P. D. Gandy and wife, Ruby L. Gandy to L. M. Haupt, Jr. and wife, Stella
Geren Haupt of record in Volume 171, Page 392, of the Deed Records of Brazos County, Texas, said
27.017 acre tract being more particularly described by metes and bounds as follows:
BEGINNING at a 6" Fence Post found in the northeast right-of-way line of Jones-Butler Road for the most
southerly corner, said corner being the most southerly corner of said Called 136.063 acre tract and also
being the most westerly corner of the remainder of the Oak Creek, L.L.P. Called 58.52 acre tract of record
in Volume 4030, Page 98;
THENCE N 22 ° 02 ' 36 11 W, along the northeast right-of -way line of said Jones-Butler Road and the
southwest line of said Called 136.063 acre tract a distance of 1099.40 feet to a Y:z" Iron Rod with Cap set
for the most westerly corner, a Y:z" Iron Rod with Cap found for the most westerly corner of said Called
136.063 acre tract bears N 22 ° 02 '36 "W a distance of 412.76 feet;
THENCE N 67 ° 57 ' 24 11 E, a distance of 30.22 feet to a %" Iron Rod with Cap set for the beginning of a
curve;
THENCE along said curve in a counterclockwise direction having an arc length of 204.64 feet, a radius of
468.50 feet, a chord bearing of N 55 ° 26' 37 11 E, a chord length of 203.01 feet, and a delta angle of 25 °
01 ' 34 " to a Y:z" Iron Rod with Cap set for the point of tangency of said curve;
THENCE N 42 ° 55' 51 " E, a distance of 803.46 feet to a Y:z" Iron Rod with Cap set for the most northerly
corner;
THENCE S 47 ° 43' 18 11 E, a distance of 898.64 feet to a Y:z" Iron Rod with Cap set for the most easterly
corner, said corner being located in a southeast line ofsaid Called 136.063 acre tract and a northwest
line of the Henry Mayo, et ux, Called 23.00 acre tract of record in Volume 1253, Page 878, a W' Iron Rod
with Cap set for an interior ell corner of said Called 136.063 acre tract bears N 41 ° 22' 32" Ea distance
of 801.63 feet;
THENCE S 41 ° 22' 32 11 W, along the southeast line of said Called 136.063 acre tract, the northwest line
of said Called 23.00 acre tract, and the northwest line of the remainder of said Called 58.52 acre tract a
distance of 1504.90 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 27.017
ACRES OF LAND, MORE OR LESS, according to a survey performed November 17, 2009, under the
supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961. For north orientation
and other information, see accompanying plat.
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Doc Bk Vol Ps 01159890 OR 11~19 152 1 j ~~ ~ ~~~; ~~~i~ " L jil t ~, ~~~~~~lS~ ~!5Hi;: ~I ·~ j 11 ~8 r>! + &j~ /~Ir ;~11 o:J1 j !J y ~ ~Cll Ji , ~II ·~~, ~I ~1 • It -' .. ~~ ~~+ii.. t~i ¢ ,\ .. ~1 I .f..-1. & J .t.~" ! !J fl' ) ~~ J ~ ~I '!. !!: ~I / .. ) / ·11 I /~! Ht! .... J !!: fl~· ;•111 ~ I u· 111 • u ~l!I I ip c • f '• I I I I j I I ~· llil ft I ii •.11 I 1 1 I I I . . ' ~· J I 'i . I I t • .,u: 1 ,~1 jj 1 1 I I • J • ~ I 11 ..... I' i I I IH ! i•ii ~ i ·l1i~li ri . ii i i ii i! i1 ni~ j [ f 11 ~ !1 !J !i ! I 91 I' !!i! I ~~-· ~ d d ,iii H i!I id al d Easement Agreement for Drainage Page 10 of 12 P:\Gentry\CSISD Haupt 21223\Phllllps Dev\Drainage Easement\Easement Agreement for Dralnage_CSISD v.2.docx
LINE
L1
l2
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LB
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l10
llfMING lllSl"ANCE s 42'115 42• w 111
N 47..., Ur W 2ll.
N 42'16'42" E 19
S 4743111 E -· N 47'4318" W 15: s 42'1!042 w 2.24
N 4743111" W 13.m"
N 42'16 47" E ,_.,.
N '8'1627" W 12.13" N 48'SQ·lll W 16..31
SURVEY Pt.AT
OF A PUBLIC ACCESS EASEMENT &
OAAINAGE EASEMENT
N/F
COLLEGE STATION ISD
REM. 27.02 ACRE 1RJiCT
9626/76
CRAWFORD BURNETT LEAGUE. A-7
COLLEGE STATION BRAZOS COUNTY TEXAS
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REM. 108.88 ACRE TRACT
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METES AND BOUNDS DESCRIPTION
OFA
DRAINAGE EASEMENT
CRAWFORD BURNETT LEAGUE, A-7
COLLEGE STATION, BRAZOS COUNTY, TEXAS
Doc Bk Vol pg 01159890 OR 11419 154
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND
LYING AND BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, COLLEGE
STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A
CALLED 27.<n ACRE TRACT AS DESCRIBED BY A DEED TO COLLEGE STATION ISO RECORDED IN
VOLUME 9626, PAGB 76 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 1/2 lNCH IRON ROD FOUND MARKING THE EAST CORNER OF SAID REMAINDER
OF 27.02 ACRE TRACT AND THB SOUTH CORNER OF THE REMAINDER OF A CAI.LED 108.88 ACRB
TRACT AS DESCRIBED BY A DEED TO HEATH PHILLIPS INVESTMENTS, LLC RECORDBD IN VOLUME
9627, PAGE 730F nm OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A 1/2
INCH IR.ON ROD FOUND MARKING TIIE EAST CORNER OF SAID REMAINDER OF 108.88 ACRE TRACT
BEARS: N 41° 21' 39" E FOR A DISTANCE OF 801.59 FEET;
THENCE: N 47° 43' 18" W ALONG Tlffi COMMON LINE OF SAID REMAINDER OF 27.02 ACRE TRACT AND
SAID REMAINDER OF 108.88 ACRE TRACT FOR A DISTANCE OP 547.64 FEET;
THENCE: THROUGH SAID REMAJNDER OF 27.02 ACRE TRACT FOR THE FOLLOWING CALLS:
S42°14' 17"WACROSSTHBFUTIJREIUGHT-OF-WAYOFTOWERSPARKWAY(67'R.O.W.)FOR
A DISTANCE OF 67.00 FF.ET;
N 47° 43' 18" W ALONG THE FUTtJRB SOUTHWRST LINE OF TOWERS PARK.WAY FOR: A
DISTANCEOF58.88FEETTOTIIEPOINIOFBWINNINGOFTHISHEREINDESCIUBEDTRACT;
THENCE: CONTINUING THROUGH SAID REMAINDER OF 27,02 ACRE TRACT FOR THE FOLLOWING
CALLS:
S 42° 16' 42" W POR: A DI-STANCE OF 19:88 FEET;
N 47" 43' 18" W FOR A DISTANCE OF 20.00 FEET;
N42°16'42"EFORADISTANCEOF 19.88FEETTOTimFUTURESOUIHWESTLJNEOP'fOWER.S
PARKWAY;
S 47° 43' 18" B ALONG THE FUTURE SOUTHWEST LINE OF TOWERS PARKWAY FOR A
DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING CONT AININO 398 SQUARE FEET OF
LAND, MORE OR LESS. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS
ESTABLISHED FROM OPS OBSERVA ON.
BRAD KERR
REGISTERED PROFESSIONAL
; , • LAND SURVEYOR No. 4502 D:\work\ 13-23 IA.mab
Easement Agreement for Drainage Page 12 of 12
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE
OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE
PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'~ h!Sd~~ljl~r,'l~t;R.
BRAZOS COUHTY
Easement Agreement for Drainage on: Jun i912013 at t0:19A
WHEREAS, College Station Independent School District ("District") and AtJtrtath Phillips
Investments, LLC ("Phillips") own adjoining tracts of real property adjacent to Holl~fldDlive South,
College Station, Brazos County, Texas (the "Tracts"), said tracts are more fully described on Exhibit "A"
and Exhibit "B" hereto and incorporated for all purposes herein; and Doi:u•ent Hu11ber: 01159890
t. 64.liO
WHEREAS, Phillips and the District entered Into a Joint Develop~8~~nAgreement ("JOA"),
effective July 20, 2011, regarding development of the Tracts; and Re•:ei Pt Hu11ber -~7~858
B~1
WHEREAS on July 20, 2011, the District made a Resolution approving thalJID'A9rtitti~~ents
necessary to accomplish a dedication of land anticipated by the JOA, and other documents necessary to
facilitate the JDA and to receive consideration pursuant to the JDA; and
WHEREAS, the instant Easement Agreement for Drainage Is necessary to facilitate development
of the Tracts and accomplish the terms of the JDA;
WHEREAS, the District has determined that the parcel of real property ("Easement Property")
described on Exhibit "C" is not presently needed for school district purposes; and
WHEREAS, the consideration to be received by CSISD is greater than the fair market value of
the right of way to be conveyed.
NOW THEREFORE, College Station Independent School District makes the conveyance as
follows:
Date: , 2013
Grantor: College Station Independent School District, a Texas political subdivision
Grantor's Mailing Address: 1812 Welsh, College Station, Texas 77840
Grantee: Heath Phillips Investments, LLC, a Texas limited liability company
Grantee's Malling Address: 4490 Castlegate Drive, College Station, Texas 77845
Dominant Estate Property: Being a 108.88 acre tract or parcel of land, lying and being situated in
the Crawford Burnett League, Abstract No. 7, College Station, Brazos
County, Texas, and being more particularly described in Exhibit "A"
attached hereto and made a part hereof.
Servient Estate Property: Being a 27.017 acre tract or parcel of land, lying and being situated in
the Crawford Burnett League, Abstract No. 7, College Station, Brazos
County, Texas, and being more particularly described in Exhibit "B"
attached hereto and made a part hereof.
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Easement Property: 398 square feet of land, more or less, lying and being situated In the
Crawford Burnett League, Abstract No. 7, College Station, Brazos
County, Texas, and being more particularly described in Exhibit "C"
attached hereto and made a part hereof.
Easement Purpose: For the installation, construction, operation, maintenance, replacement, repair,
upgrade, and removal of drainage facilities ("Facilities") to drain surface and
storm water off of the Dominant Estate Property.
Consideration: TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt
and sufficiency of which are acknowledged, and compliance with the terms of
that certain Joint Development Agreement dated July 20, 2011 by and between
Granter and Grantee.
Reservations from Conveyance: Granter reserves the right to use the Easement Property for purposes
that do not Interfere with the Easement Purpose.
Exceptions to Warranty: Validly existing easements, rights-of-way, and prescriptive rights, whether of
record or not and all presently recorded and validly existing instruments, other than conveyances of the
surface fee estate that affect the Easement Property.
Grant of Easement: Granter, for the Consideration and subject to the Reservations from Conveyance
and Exceptions to Warranty, grants, sells, and conveys to Grantee and Grantee's heirs, successors, and
assigns an easement over, on, and across the Easement Property for the Easement Purpose, together
with all and singular the rights and appurtenances thereto in any way belonging (collectively, the
"Easement"), to have and to hold the Easement to Grantee and Grantee's heirs, successors, and assigns
forever. Granter binds Granter and Grantor's heirs, successors, and assigns to warrant and forever
defend the title to the Easement in Grantee and Grantee's heirs, successors, and assigns against every
person whomsoever lawfully claiming or to claim the Easement or any part of the Easement, except as to
the Reservations from Conveyance and Exceptions to Warranty to the extent that such claim arises by,
through, or under Granter but not otherwise.
Terms and Conditions
The following terms and conditions apply to the Easement granted by th is agreement:
1. Character of Easement. The Easement is appurtenant to, runs with, and inures to the
benefit of all or any portion of the Dominant Estate Property, whether or not the Easement is referenced
or described in any conveyance of all or such portion of the Dominant Estate Property. The Easement is
nonexclusive and irrevocable. The Easement is for the benefit of Grantee and Grantee's heirs,
successors, and assigns who at any time own any interest in the Dominant Estate Property (as
applicable, the "Holder'').
2. Duration of Easement. The duration of the Easement is perpetual.
3. Reservation of Rights. Holder's right to use the Easement Property is nonexclusive, and
Granter reserves for Granter and Grantor's heirs, successors, and assigns the right to use all or part of
the Easement Property in conjunction with Holder as long as such use by Granter and Grantor's heirs,
successors, and assigns does not Interfere with the use of the Easement Property by Holder for the
Easement Purpose, and the right to convey to others the right to use all or part of the Easement Property
in conjunction with Holder, as long as such further conveyance is subject to the terms of this agreement.
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4. Secondary Easement Holder has the right (the "Secondary Easement") to use the
surface of the Servient Estate Property, not to exceed twenty feet (20') on each side of the Easement
Property ("Adjacent Property") as may be reasonably necessary to install and maintain the Facilities
within the Easement Property that are reasonably suited for the Easement Purpose. However, Holder
must promptly restore the Adjacent Property to its previous physical condition if changed by use of the
rights granted by this Secondary Easement.
5. Improvement and Maintenance of Easement Properly. Improvement and maintenance of
the Easement Property and the Facilities will be at the sole expense of Holder. Holder must maintain the
Easement Property in a neat and clean condition. Holder has the right to construct, install, maintain,
replace, and remove the Facilities under or across any portion of the Easement Property. All matters
concerning the Facilities and their configuration, construction, installation, maintenance, replacement, and
removal are at Holder's sole discretion, subject to performance of Holder's obligations under this
agreement. Holder has the right to remove or relocate any fences within the Easement Property or along
or near its boundary lines if reasonably necessary to construct, install, maintain, replace, or remove the
Facilities, subject to replacement of the fences to their original condition on the completion of the work.
6. Equitable Rights of Enforcement. This Easement may be enforced by restraining orders
and injunctions (temporary or permanent) prohibiting interference and commanding compliance.
Restraining orders and injunctions will be obtainable on proof of the existence of interference or
threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable
harm, and will be obtainable only by the parties to or those benefited by this agreement; provided,
however, that the act of obtaining an injunction or restraining order will not be deemed to be an election of
remedies or a waiver of any other rights or remedies available at law or in equity.
7. Attorney's Fees. If either party retains an attorney to enforce this agreement, the party
prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs.
8. Binding Effect. This agreement binds and inures to the benefit of the parties and their
respective heirs, successors, and permitted assigns.
9. Choice of Law. This agreement will be construed under the laws of the state of Texas,
without regard to choice-of-law rules of any jurisdiction. Venue Is in the county or counties in which the
Easement Property is located.
10. Counterparts. This agreement may be executed in any number of counterparts with the
same effect as if all signatory parties had signed the same document. All counterparts will be construed
together and will constitute one and the same instrument.
11. Waiver of Default. It is not a waiver of or consent to default if the nondefau lting party fails
to declare immediately a default or delays in taking any action.· Pursuit of any remedies set forth in this
agreement does not preclude pursuit of other remedies in this agreement or provided by law.
12. Furlher Assurances. Each signatory party agrees to execute and deliver any additional
documents and instruments and to perform any additional acts necessary or appropriate to perform the
terms, provisions, and conditions of this agreement and all transactions contemplated by this agreement.
13. Indemnity. GRANTEE DOES HEREBY AGREE TO FULLY AND COMPLETELY
INDEMNIFY, DEFEND, SAVE, AND HOLD HARMLESS GRANTOR FROM AND AGAINST ANY AND
ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, JUDGMENTS, SUITS, DEBTS,
LIABILITIES, COSTS, EXPENSES, OR DAMAGES, INCLUDING, BUT NOT LIMITED TO COURT
COSTS, ATTORNEY'S FEES, AND JUDGMENTS INCURRED BY, IMPOSED UPON, OR ASSERTED
AGAINST GRANTORARISING FROM, INCIDENTAL TO, OR IN ANYWAY RELATED TO ANY INJURY,
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LOSS, DAMAGE, OR DEATH OR DAMAGE TO PROPERTY SUSTAINED BY GRANTOR OR ANY
THIRD PARTY BY REASON OF THE CONSTRUCTION, INSTALLATION, IMPROVEMENT, OR
MAINTENANCE OF ANY FACILITIES RUNNING UNDER OR ACROSS THE EASEMENT PROPERTY,
REGARDLESS OF WHETHER SUCH INJURY WAS DIRECTLY OR INDIRECTLY CAUSED BY ANY
NEGLIGENCE ON THE PART OF GRANTOR. Each party further agrees to indemnify, defend, and hold
harmless the other party from any loss, attorney's fees, expenses, or claims attributable to breach or
default of any provision of this agreement by the indemnifying party.
14. Entire Agreement. This agreement and any exhibits constitute the entire agreement of
the parties concerning the grant of the Easement by Granter to Grantee. There are no representations,
agreements, warranties, or promises that are not expressly set forth in this agreement and any exhibits.
15. Legal Construction. If any provision in this agreement is for any reason unenforceable, to
the extent the unenforceability does not destroy the basis of the bargain among the parties, the
unenforceability will not affect any other provision hereof, and this agreement will be construed as if the
unenforceable provision had never been a part of the agreement. Whenever context requires, the
singular will include the plural and neuter include the masculine or feminine gender, and vice versa.
Article and section headings in this agreement are for reference only and are not Intended to restrict or
define the text of any section. This agreement will not be construed more or less favorably between the
parties by reason of authorship or origin of language.
16. Notices. Any notice required or permitted under this agreement must be in writing. Any
notice required by this agreement will be deemed to be delivered (whether actually received or not) when
deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested,
and addressed to the intended recipient at the address shown in this agreement. Notice may also be
given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially
reasonable means and will be effective when actually received . Any address for notice may be changed
by written notice delivered as provided herein.
17. Recitals. Any recitals in this agreement are represented by the parties to be accurate,
and constitute a part of the substantive agreement.
18. Time. Time is of the essence. Unless otherwise specified, all references to "days" mean
calendar days. Business days exclude Saturdays, Sundays, and legal public holidays. If the date for
performance of any obligation falls on a Saturday, Sunday, or legal public holiday, the date for
performance will be the next following regular business day.
[Signatures appear on following pages.]
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Grantor
College Station Independent School District, a Texas political subdivision
By: l_)~c_~
Name: \lt....L"GQ,16 A ';JOC..Hl5N
Title: t°?)OA(Z.0 Pfl.E'S\Oet.J'T
STATE OF TEXAS
COUNTY OF BRAZOS
/1,,, This instru~t was acknowledged before me on ~£.... f.3 , 2013, by ~~<4d ~ .dJ;i, of College atiOfi Independent School District, a
Texas political subdivision.
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Grantee
STATE .OF TEXAS
COUNTY OF BRAZOS
\\
This instrument was acknowledged before me on J ~fl.-\']
. -e(iv~ m\\i.ip<., I ¥\-'1.~ ~J.~ of Heath Phillips Investments,
limited liabllity company.
L.~~~\'~f.;~,,_ SUZANNE BURGESS 1•~j Notary Public, State of Texas \;~~.;;, My Commission Expires '111~Af.~· Moy 23, 2017
PREPARED IN THE OFFICE OF:
Mike Gentry
West, Webb, Allbritton & Gentry, PC
1515 Emerald Plaza
College St1;1tlon, Texas 77845-1515
Tel: (979) 694-7000
Fax: (979) 694-8000
AFTER RECORDING RETURN TO:
West, Webb, Allbritton & Gentry, PC
1515 Emerald Plaza
College Station, Texas 77845-1515
Tel: (979) 694-7000.
Fax: (979) 694-8000
NOtP bllCf St 4>
-,
I 2013, by
LLC, a Texas
Easement Agreement for Drainage Page 6 of 12
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Exhibit "A"
(Dominant Estate Property)
METES AND BOUNDS DESCRIPTION
OFA
108.88 ACRE TRACT
CRAWFORD BURNETT LEAGUE, A-7
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THA TCERTATN TRACT OR PARCEL OF LAND LYING AND
BEING SITUATED IN THE CRAWFORD BURNETI LEAGUE, ABSTRACT NO. 7, COLLEGE STATION,
BRAZOS COUNTY, TEXAS. SAID TRACT BEING THE REMAINDER OF A CALLED 136.063 ACRE TRACT AS
DESCRIBED BY A DEED TO L. M. HAUPT, JR. AND WIFE, STELLA GEREN HAUPT RECORDED IN VOLUME
171, PAGE 392 OF THE DF,BD RECORDS OF BRAZOS COUNTY, TEXAS, AND THE REMAINDER OF A
CALLED3.3 ACRE TRACT AS DESCRIBED BY A DEED TO LEWIS M. HAUPT, JR. RECOR.OED IN VOLUME
293, PAGE 788 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTJCULARL Y DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A ~ JNCH IRON ROD FOUND ON THE SOUTHWEST LINE OF OLD WELLBORN ROAD
MARKINOTHE EAST CORNER OF SAID REMAINDER OP 136.063 ACRE TRACT AND nm NORm CORNER
OF A CALLED 12.40 ACRE TRACT AS DESCRIBED BY A DEED TO OSAGE, LTD. RECORDED l'N VOLUME
1130, PAGE 570 OF Tiffi OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: S 41° 12' 34" W ALONG THE COMMON LINE OF SAID REMAINDER OF 136.063 ACRE TRACT
AND SAID 12.40 ACRE TRACT FOR A DISTANCE OF 517.37 FEET TO A 3/8 JNCH IRON ROD FOUND
MARKJNO THE WEST CORNER OF SAID 12.40 ACRE TRACT AND nm NORlli CORNER OF THE
REMAINDER OF A CAI.LED 8.833 ACRE TRACT AS DESCRIBEO BY A DEED TO GREENS PRAlRIE
~STORS, LTD. RECORDED l'N VOLUME 8413, PAGE 22 OF THE OFFICIAL PUBLIC RECORDS OF
BRAZOS COUN1Y, TEXAS;
THENCE: S 41° SS' 50" W ALONG THE COMMON LINE OF SAID REMAINDER OF 136.063 ACRE TR.ACT
AND SAID REMAINDER OF 8.833 ACRE TRACT FOR A DISTANCE OF 429.64 FEET TO AV. !NCH ffiON ROD
FOUND MARKING TiiE COMMON CORNER OF SAID REMAINDER OF 8.833 ACRE TRACT AND TiiE
REMAINDER OF A CALLED 3.0 ACRE TRACT AS DESCRIBE.D BY A DEED TO GREENS PRAIRIE
INVESTORS, LTD. RECORDED IN VOLUME 8513, PAGE 276 OF THE OFFICJAL PUBLIC RECORDS OF
BRAZOS COUNTY, TEXAS;
THENCE: S 41° 18' 46" W ALONG THE COMMON LINE OF SAID REMAINDER OF 136.063 ACRE TRACT
AND SAID REMAINDER OF 3.0 ACRE TRACT FOR A DISTANCE OF 124.14 FEET TO A~ INCH T.RON ROD
FOUND MARKINO THE NORTII CORNER OF WILLIAMSOATE SUBDIVISION, PHASE 1, ACCORDING TO
THE PLAT RECORDED IN VOLUME 7705, PAGE 206 OF IBE OFFICIAL PUBLIC RECORDS OF BRAZOS
COUNTY, TEXAS;
THENCE: S 41° 30' 18" W ALONG THE COMMON LINE OF SAID REMAINDER OF 136.063 ACRE TRACT
AND Wll..UAMSGATESUBDIVISION, PHASE J, AND THE REMAINDER OF A CALLED20.25 ACRE TRACT
AS DESCRIBED BY A DEED TO ROBBIE ROBINSON, LTD. RECORDED JN VOLUME 6446,PAGE 920FTHE
OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR A DISTANCE OF 637.46 FEET TO A Yi
INCH IRON ROD FOUND MARKING AN EASTERLY CORNER OF A CALLED 22.97 ACRE TRACT AS
OF.SCRIBED BY A DEED TO.CHARLES I. TU'RNERANDMARYE. TURNER RECORDED INVOLUME333l,
PAGE 61 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS;
TimNCE: N 49° SS' 35" W ALONG THE COMMON LINE OF SAID REMAINDER OF 136.063 ACRE TRACT
AND SAID 22.97 ACRE TRACT FOR A DISTANCE OF 562.09 PEET TO A ~ JNCH IRON ROD FOUND
MARKING THE NORTH CORNER OF SAID 22.97 ACRE TRACT;
THENCE: S 41° 21' 39" W CONTINUING ALONO THE COMMON LINE OP SAID REMAINDER OP 136.063
ACRE TRACT AND SAID 22.97 ACRE TRACT FOR A DISTANCE OF 801.59 FBET TO A V. JNCH IRON ROD
FOUND ON nm NORTHWEST LINE OF A CALLED 23.00 ACRE TRACT DESCRJBEO AS TRACT 2 BY A
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DEED TO HENRY P. MAYO AND WIFE, SANDRA K. MA YO RECORDED IN VOLUME 1253, PAGE 878 OF
TIIE OFFICIAL PUBLIC RECORDS OF BRAZOS COUN1Y, TEXAS, MARKING THE EAST CORNER OF A
CALLED27.017 ACRE TRACT DIVIDED OUT OF SAID REMAINDER OF 136.063 ACRE TRACT, SAID 27.017
ACRE TRACT NOT YET FILED OF RECORD AT THE TIME OF THIS DESCRIPTION;
THENCE: THROUGH SAID REMAINDER OF 136.063 ACRE TRACT AND ALONG TIIE NORTHEAST AND
NORTHWEST LINES OF SAID 27.017 ACRE TRACT FOR TIIEFOLLOWJNG CALLS:
N 47°43' 18" WFORA DISTANCE OF 898.64FEETTOA V:.INCHIRON ROD FOUND;
S 42° 56' 0 l" W FOR A DISTANCE OF 803.33 FEET TO A Y.. INCH IRON ROD FOUND MARKING
THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 468.50 FEET;
ALONG SAID CURVE TIIROUGH A CENTRAL ANGLE OF 25° 02' 43" FOR AN ARC DISTANCE OF
204.79 FEET (CHORD BEARS: S 55° 26' 04" W -203.17 FEET) TO A Y, INCH IRON ROD FOUND
MARKING THE ENDING POINT OF SAID CURVE;
S 67° 52' 33" W FOR A DISTANCE OF 30.24 FEET TO A ~ INCH IRON ROD FOUND ON TIIB
NORTHEAST LINE OF JONES BUTLER ROAD MARKING THE SOUTHWEST CORNER OF nns
HEREIN DESCRIBED TRACT;
THENCE: N 22° 02' 42" W ALONG THE NORTHEAST LINE OF JONES BUTLER ROAD, SAME BEING THE
SOUTHWEST LINE OF SAID REMAINDER OF 3.3 ACRE TRACT, FORA DISTANCE OF 412.84 FEET TO A Y..
INCH IRON ROD FOUND MARKING THE COMMON CORNER OF SAID REMAINDER OF 3.3 ACRE TRACT
AND A CALLED 29.175 ACRE TRACT AS DESCRIBED BY A DEED TO JOHNWHEELERBARGER. TRUSTEE,
RECORDED IN VOLUME 7583, PAGE 90 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,
TEXAS;
THENCE: N 42° 14' 17" E ALONG THE COMMON LINE OF SAID REMAINDER OF 3.3 ACRE TRACT AND
SAID REMAINDER OF 136.063 ACRE TRACT AND SAID 29.175 ACRE TRACT FORA DISTANCE OF 3402.74
FEET TO A 6 INCH FENCE CORNER POST FOUND ON THE SOUTHWEST LINE OF OLD WELLBORN ROAD
MARKING THE NORTii CORNER OF TiilS HEREIN DESCRIBED TRACT;
THENCE: S 47° 04' 17" E ALONG TiiE SOUTHWEST LINE OF OLD WELLBORN ROAD FORA DISTANCE OF
1867.58 FEET TO TIIE POINT OF BEGINNING CONTAINING 108.88 ACRES OF LAND, MORE OR LESS, AS
SURVEYED ON THE GROUND MARCH 2010. SEE PLAT PREPARED MARCH 2010, FOR MORE
DESCRIPTNE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS
ESTABLISHED FROM GPS OBSERVATION.
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502
D:/WORK/MAB/10-024.MAB
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Exhibit "8"
(Servient Estate Property)
FIELD NOTES
27.017 ACRES
OUT OF THE
L. M. HAUPT, JR., ET UX
CALLED 136.063 ACRE TRACT
VOLUME 171, PAGE 392
CRAWFORD BURNETT LEAGUE, A-7
COLLEGE STATION, BRAZOS COUNTY, TEXAS
NOVEMBER 30, 2009
All that certain lot, tract or parcel of land being 27.017 acres situated in the CRAWFORD BURNETT
LEAGUE, Abstract No. 7, Brazos County, Texas, and being a part of that certain Called 136.063 acre
tract described in deed from P. D. Gandy and wife, Ruby L. Gandy to L. M. Haupt, Jr. and wife, Stella
Geren Haupt of record in Volume 171, Page 392, of the Deed Records of Brazos County, Texas, said
27.017 acre tract being more particularly described by metes and bounds as follows:
BEGINNING at a 6" Fence Post found in the northeast right-of-way line of Jones-Butler Road for the most
southerly corner, said corner being the most southerly corner of said Called 136.063 acre tract and also
being the most westerly corner of the remainder of the Oak Creek, L.L.P. Called 58.52 acre tract of record
in Volume 4030, Page 98;
THENCE N 22 ° 02 ' 36 11 W, along the northeast right-of-way line of said Jones-Butler Road and the
southwest line of said Called 136.063 acre tract a distance of 1099.40 feet to a Y2" Iron Rod with Cap set
for the most westerly corner, a W Iron Rod with Cap found for the most westerly corner of said Called
136.063 acre tract bears N 22 ° 02 '36" W a distance of 412.76 feet;
THENCE N 67 ° 57 ' 24 11 E, a distance of 30.22 feet to a W Iron Rod with Cap set for the beginning of a
curve;
THENCE along said curve in a counterclockwise direction having an arc length of 204.64 feet, a radius of
468.50 feet, a chord bearing of N 55 ° 26' 37 11 E, a chord length of 203.01 feet, and a delta angle of 25 °
01 ' 34 11 to a W Iron Rod with Cap set for the point of tangency of said curve;
THENCE N 42 ° 55' 51 11 E, a distance of 803.46 feet to a W Iron Rod with Cap set for the most northerly
corner;
THENCE S 47 ° 43' 18 11 E, a distance of 898.64 feet to a%" Iron Rod with Cap set for the most easterly
corner, said corner being located in a southeast line of said Called 136.063 acre tract and a northwest
line of. the Henry Mayo, et ux, Called 23.00 acre tract of record in Volume 1253, Page 878, a W Iron Rod
with Cap set for an interior ell corner of said Called 136.063 acre tract bears N 41 ° 22' 32 " Ea distance
of 801 .63 feet;
THENCE S 41 ° 22' 32 11 W, along the southeast line of said Called 136.063 acre tract, the northwest line
of said Called 23.00 acre tract, and the northwest line of the remainder of said Called 58.52 acre tract a
distance of 1504.90 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 27.017
ACRES OF LAND, MORE OR LESS, according to a survey performed November 17, 2009, under the
supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961. For north orientation
and other information, see accompanying plat.
Easement Agreement for Drainage Page 9 of 12
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Cdlld 136.1163 /lrtes
1711392
Scale: r: 200'
11SJTI ACRES
Ol!f OFlHE
M HAUPT, JR. ET UX
CAl1.ID 136.o63 ACRE lRACT
VOLUME 1fl, PAGE 392
CRAWFORD BURNEIT LEAQJE, A-7
COi.LEG STATION, BRAZOS COUNTY, TEXAS
NOVEMBER:·2009
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BEAAING OIST.t.NCE s 42"16 42-w 11U18
N 47'<43'18-W 20.nn'
N~'"2-E 19-88"
S 47'43 18" E 20.llO"
N 47'4J is-W l'>QT
s 42'16" ... 2" w 2.24'
N 47'4318" W 13.117'
N 42'1642" E 1.112
N 43'16 27" W 12.13
N 46"SO·u.:r W 16.31
SURVEY Pl.AT
OF A PUBLIC ACCESS EASEMENT &
DRAINAGE EASEMENT
N/F
COLL.EGE STATION ISD
REM. 27.02 ACRE TRACT
9626/76
CRAWFORD BURNETT LEAGUE. A-7
COllEGE STATION BRAZOS COUNTY, TEXAS
SCAI..£: 1 INCH • JO Fm SUl\IE.Y D.\TE:
Pl.AT !WE: O<l--09-13
JOB NUMBER; 13-.2.31
CAD NMIE: 13-231 CR5 Al.£: BAARM:KS:z
PREP/IRm BY: KERR SURVF!INC. U.C
-N.lEXASAllOIUE _..._ TEXAS 77aa3
?HCWE (979) 268-319~
SEE MC1ES NID BOl.ljQS PREPARED N'IVL 2013 FOR ll<lR£ OESCRPlM: 1-.
B£.lllMG S1S1EM SHOWN HEl!£Dll IS 11.tStD ON CRID ltOl!llt AS ESL\!IUSl£D mJM GPS OBSEllll,IJION.
SCALE: 1• 30'
N/F
HEATH PHIWPS INVESTMEHTS, U.C
REM. 1 08.88 ACRE lRACT 9627/73
1 /2 INCi! IRON l'«>O RlUlll BEARS:
$ 47'43'18' E M7M'
m Ill (/)
(I) m 3 )(
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-0 ;:;:
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..
METES AND BOUNDS DESCRIPTION
OFA
DRAINAGE EASEMENT
CRAWFORD BURNETI LEAGUE, A-7
COLLEGESTATION,BRAZOSCOUNTY,TEXA$
METBS AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND
LYING AND BEING SITUATED IN THB CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, COLLEGE
STATION, allAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A
CALLED 27.02 ACRE TRACT AS DESCRIBED BY A DEED TO COLLEGE STATION ISO RECORDED IN
VOLUME 9626, PAGE 76 OF THE OFFICTAL PUBLIC RECORDS OF BRAZOS COUNTY, TBXAS.
SAID TRACT BEJNO MORE PARTlCULARL Y DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 1/2 INCHIRONROD FOUND MARKTNGTHE EAST CORNER OF SAID REMAINDER
OF 27.02 ACRB TRACT AND THE SOUTH CORNER OF THE REMAINDER OF A CALLED 108.88 ACRE
TRACT AS DESCRIBED BY A DEED TO HEATH PHILLIPS INVESTMENTS, LLC RECORDBD IN VOLUME
9627, PAGE. 73 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A l/2
INCH lllON ROD FOUND MARKING TIIB EAST CORNER OF SAID REMAINDER OF 108.88 ACRE TRACT
BEARS: N 41° 21' 39" .E FOR A DISTANCE OF 801.59FEET;
THENCE: N 47° 43' 18" w ALONG nm COMMON LINE OF SAID REMAINDER OF 27.02 ACRE TRACT AND
SAID .REMAINDER OF 108.88 ACRE TRACT FOR A DISTANCE OF 547.64 FEET;
THENCE: THROUGH SAID REMAINDER OF 27.02 ACRE TRACT FOR THE FOLLOWING CALLS:
S 42" 14' 17" W ACROSS nm FUTURE RIGHT-OF-WAY OF TOWERS PARKWAY (67' R.O. W.) FOR
A DISTANCE OF 67.00 FP.ET;
N 47° 43' 18" W ALONG THE FUTURE SOUTHWEST LINE OF TOWERS P.l\:RKWAY FOR A
DISTANCEOFS8.88FBETTOTHEPOINTOFBEGINMNGOFTHTSHEREINDESCRIDEDTRACT;
THENCI':: CONTINUING THROUGH SAID REMAINDER OF 27.02 ACRE TRACT FOR nm FOLLOWING
CALLS:
S 42° 16' 42" W FOR: A. DI:STANCE OF 19:88 FEET;
N 47° 43' 1811 W FOR A DISTANCE OF 20.00 FEET;
N 42° 16' 42" E FOR ADISTANCE OF 19.88 FEET TO THE FUTURE SOUTHWEST LlNE o.F TOWERS
PAP.KWAY;
S 47° 43' 18" E ALONG THE FUTURE SOUTHWEST LINE OF TOWERS PARKWAY FOR A
DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING CONT A.INING 398 SQUARE FEET OF
LAND, MORE OR LESS. BEAR.ING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS
ESTABLISHED FROM GPS OBSERV A ION.
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502 D:\work\ 13-23 lA.mab
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Doi: Bk Vol f's 011 59890 OR 11419 143
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE
OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE
PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Easement Agreement for Drainage
WHEREAS, College Station Independent School District ("District") and Heath Phillips
Investments, LLC ("Phillips") own adjoining tracts of real property adjacent to Holleman Drive South,
College Station, Brazos County, Texas (the "Tracts"), said tracts are more fully described on Exhibit "A"
and Exhibit "B" hereto and incorporated for all purposes herein; and
WHEREAS, Phillips and the District entered into a Joint Development Agreement ("JOA"),
effective July 20, 2011, regarding development of the Tracts; and
WHEREAS on July 20, 2011, the District made a Resolution approving the JOA, other documents
necessary to accomplish a dedication of land anticipated by the JDA, and other documents necessary to
facilitate the JOA and to receive consideration pursuant to the JOA; and
WHEREAS, the instant Easement Agreement for Drainage is necessary to facilitate development
of the Tracts and accomplish the terms of the JOA;
WHEREAS, the District has determined that the parcel of real property ("Easement Property")
described on Exhibit "C" is not presently needed for school district purposes; and
WHEREAS, the consideration to be received by CSISD is greater than the fair market value of
the right of way to be conveyed.
NOW THEREFORE, College Station Independent School District makes the conveyance as
follows:
Date: , 2013
Grantor: College Station Independent School District, a Texas political subdivision
Grantor's Mailing Address: 1812 Welsh, College Station, Texas 77840
Grantee: Heath Phillips Investments, LLC, a Texas limited liability company
Grantee's Mailing Address: 4490 Castlegate Drive, College Station, Texas 77845
Dominant Estate Property: Being a 108.88 acre tract or parcel of land, lying and being situated in
the Crawford Burnett League, Abstract No. 7, College Station, Brazos
County, Texas, and being more particularly described in Exhibit "A"
attached hereto and made a part hereof.
Servlent Estate Property: Being a 27.017 acre tract or parcel of land, lying and being situated in
the Crawford Burnett League, Abstract No. 7, College Station, Brazos
County, Texas, and being more particularly described in Exhibit "B"
attached hereto and made a part hereof.
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01159890 OR 11419 144
Easement Property: 398 square feet of land, more or less, lying and being situated in the
Crawford Burnett League, Abstract No. 7, College Station , Brazos
County, Texas, and being more particularly described in Exhibit "C"
attached hereto and made a part hereof.
Easement Purpose: For the installation, construction, operation, maintenance, replacement, repair,
upgrade, and removal of drainage facilities ("Facilities") to drain surface and
storm water off of the Dominant Estate Property.
Consideration: TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt
and sufficiency of which are acknowledged, and compliance with the terms of
that certain Joint Development Agreement dated July 20, 2011 by and between
Granter and Grantee.
Reservations from Conveyance: Granter reserves the right to use the Easement Property for purposes
that do not interfere with the Easement Purpose.
Exceptions to Warranty: Validly existing easements, rights-of-way, and prescriptive rights, whether of
record or not and all presently recorded and validly existing instruments, other than conveyances of the
surface fee estate that affect the Easement Property.
Grant of Easement: Granter, for the Consideration and subject to the Reservations from Conveyance
and Exceptions to Warranty, grants, sells, and conveys to Grantee and Grantee's heirs, successors, and
assigns an easement over, on, and across the Easement Property for the Easement Purpose, together
with all and singular the rights and appurtenances thereto in any way belonging (collectively, the
"Easement"), to have and to hold the Easement to Grantee and Grantee's heirs, successors, and assigns
forever. Granter binds Granter and Grantor's heirs, successors, and assigns to warrant and forever
defend the title to the Easement in Grantee and Grantee's heirs, successors, and assigns against every
person whomsoever lawfully claiming or to claim the Easement or any part of the Easement, except as to
the Reservations from Conveyance and Exceptions to Warranty to the extent that such claim arises by,
through, or under Granter but not otherwise.
Terms and Conditions
The following terms and conditions apply to the Easement granted by this agreement:
1. Character of Easement. The Easement is appurtenant to, runs with, and inures to the
benefit of all or any portion of the Dominant Estate Property, whether or not the Easement is referenced
or described in any conveyance of all or such portion of the Dominant Estate Property. The Easement is
nonexclusive and irrevocable. The Easement is for the benefit of Grantee and Grantee's heirs,
successors, and assigns who at any time own any interest in the Dominant Estate Property (as
applicable, the "Holder").
2. Duration of Easement. The duration of the Easement is perpetual.
3. Reservation of Rights. Holder's right to use the Easement Property is nonexclusive, and
Granter reserves for Granter and Grantor's heirs, successors, and assigns the right to use all or part of
the Easement Property in conjunction with Holder as long as such use by Granter and Grantor's heirs,
successors, and assigns does not interfere with the use of the Easement Property by Holder for the
Easement Purpose, and the right to convey to others the right to use all or part of the Easement Property
in conjunction with Holder, as long as such further conveyance is subject to the terms of th is agreement.
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01159890 OR 11419 145
4. Secondary Easement Holder has the right (the "Secondary Easement") to use the
surface of the Servient Estate Property, not to exceed twenty feet (20') on each side of the Easement
Property ("Adjacent Property") as may be reasonably necessary to install and maintain the Facilities
within the Easement Property that are reasonably suited for the Easement Purpose. However, Holder
must promptly restore the Adjacent Property to its previous physical condition if changed by use of the
rights granted by this Secondary Easement.
5. Improvement and Maintenance of Easement Properly. Improvement and maintenance of
the Easement Property and the Facilities will be at the sole expense of Holder. Holder must maintain the
Easement Property in a neat and clean condition . Holder has the right to construct, install, maintain,
replace, and remove the Facilities under or across any portion of the Easement Property. All matters
concerning the Facilities and their configuration, construction, installation, maintenance, replacement, and
removal are at Holder's sole discretion, subject to performance of Holder's obligations under this
agreement. Holder has the right to remove or relocate any fences within the Easement Property or along
or near its boundary lines if reasonably necessary to construct, install, maintain, replace, or remove the
Facilities, subject to replacement of the fences to their original condition on the completion of the work.
6. Equitable Rights of Enforcement. This Easement may be enforced by restraining orders
and injunctions (temporary or permanent) prohibiting interference and commanding compliance.
Restraining orders and injunctions will be obtainable on proof of the existence of interference or
threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable
harm , and will be obtainable only by the parties to or those benefited by this agreement; provided,
however, that the act of obtaining an injunction or restraining order will not be deemed to be an election of
remedies or a waiver of any other rights or remedies available at law or in equity.
7. Attorney's Fees. If either party retains an attorney to enforce this agreement, the party
prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs.
8. Binding Effect. This agreement binds and inures to the benefit of the parties and their
respective heirs, successors, and permitted assigns.
9. Choice of Law. This agreement will be construed under the laws of the state of Texas,
without regard to choice-of-law rules of any jurisdiction. Venue is in the county or counties in which the
Easement Property is located.
10. Counterparts. This agreement may be executed in any number of counterparts with the
same effect as if all signatory parties had signed the same document. All counterparts will be construed
together and will constitute one and the same instrument.
11. Waiver of Default. It is not a waiver of or consent to default if the nondefaulting party fails
to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this
agreement does not preclude pursuit of other remedies in this agreement or provided by law.
12. Further Assurances. Each signatory party agrees to execute and deliver any additional
documents and instruments and to perform any additional acts necessary or appropriate to perform the
terms, provisions, and conditions of this agreement and all transactions contemplated by this agreement.
13. Indemnity. GRANTEE DOES HEREBY AGREE TO FULLY AND COMPLETELY
INDEMNIFY, DEFEND, SAVE, AND HOLD HARMLESS GRANTOR FROM AND AGAINST ANY AND
ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, JUDGMENTS, SUITS, DEBTS,
LIABILITIES, COSTS, EXPENSES, OR DAMAGES, INCLUDING, BUT NOT LIMITED TO COURT
COSTS, ATTORNEY'S FEES, AND JUDGMENTS INCURRED BY, IMPOSED UPON, OR ASSERTED
AGAINST GRANTOR ARISING FROM, INCIDENTAL TO, OR IN ANY WAY RELATED TO ANY INJURY,
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01159890 OR 11~19 1 ~6
LOSS, DAMAGE, OR DEATH OR DAMAGE TO PROPERTY SUSTAINED BY GRANTOR OR ANY
THIRD PARTY BY REASON OF THE CONSTRUCTION, INSTALLATION, IMPROVEMENT, OR
MAINTENANCE OF ANY FACILITIES RUNNING UNDER OR ACROSS THE EASEMENT PROPERTY,
REGARDLESS OF WHETHER SUCH INJURY WAS DIRECTLY OR INDIRECTLY CAUSED BY ANY
NEGLIGENCE ON THE PART OF GRANTOR. Each party further agrees to indemnify, defend, and hold
harmless the other party from any loss, attorney's fees, expenses, or claims attributable to breach or
default of any provision of this agreement by the indemnifying party.
14. Entire Agreement. This agreement and any exhibits constitute the entire agreement of
the parties concerning the grant of the Easement by Granter to Grantee. There are no representations,
agreements, warranties, or promises that are not expressly set forth in this agreement and any exhibits.
15. Legal Construction. If any provision in th is agreement is for any reason unenforceable, to
the extent the unenforceability does not destroy the basis of the bargain among the parties, the
unenforceability will not affect any other provision hereof, and this agreement will be construed as if the
unenforceable provision had never been a part of the agreement. Whenever context requires, the
singular will include the plural and neuter include the masculine or feminine gender, and vice versa.
Article and section headings in this agreement are for reference only and are not intended to restrict or
define the text of any section. This agreement will not be construed more or less favorably between the
parties by reason of authorship or origin of language.
16. Notices. Any notice required or permitted under this agreement must be in writing. Any
notice required by this agreement will be deemed to be delivered (whether actually received or not) when
deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested,
and addressed to the intended recipient at the address shown in this agreement. Notice may also be
given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially
reasonable means and will be effective when actually received. Any address for notice may be changed
by written notice delivered as provided herein.
17. Recitals. Any recitals in this agreement are represented by the parties to be accurate,
and constitute a part of the substantive agreement.
18. Time. Time is of the essence. Unless otherwise specified, all references to "days" mean
calendar days. Business days exclude Saturdays, Sundays, and legal public holidays. If the date for
performance of any obligation falls on a Saturday, Sunday, or legal public holiday, the date for
performance will be the next following regular business day.
[Signatures appear on following pages.]
Easement Agreement for Drainage Page 4 of 12
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Grantor
College Station Independent School District, a Texas political subdivision
By: \)~c_~
Name: 'VA..Ltll..16 A :JOC.HGN
Title: 9.JOt>.<W paE'f::>\Oc•··»'T
STATE OF TEXAS
COUNTY OF BRAZOS
Doc Bk Vol pg
01 159890 OR 11419 147
/),,...._This instru~t was acknowledged before me on ~1< f.3 , 2013, by ~A, &774, " , ~ 41'M , of College atiOfi Independent School District, a
Texas political subdivision.
CHRISTINE HESTER
Notary Public, State of Texas
My Commission Expires
August 5, 2016
~·<ti...:.
Notary Public, State of Texas
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Grantee
Heath Phillips Investments, LLC, a Texas limited liability company
By: <::=:::::7;<~Z::::
Name: ~<h' <'&:.a1f,f
Title: -iZ-.r-1MdT
STATE OF TEXAS
COUNTY OF BRAZOS
Doc Bk Vol P9
011 59890 OR 11419 148
\: This instrument was acknowledged before me on ,) l.A..'NL.-\'] ~e.u,.,~ B~·W~? , ¥\g..c.,:J.~ of Heath Phillips Investments,
I 2013, by
LLC, a Texas
limited liability company.
\\'""''' 4~rrn:~~ SUZANNE BURGESS r:~':") Not1ry Public, State of Texas \~~~.;~ My Commission Expires ~ .. ,~f.~\~·' May 23, 2017
PREPARED IN THE OFFICE OF:
Mike Gentry
West, Webb, Allbritton & Gentry, PC
1515 Emerald Plaza
College Station, Texas 77845-1515
Tel: (979) 694-7000
Fax: (979) 694-8000
AFTER RECORDING RETURN TO:
West, Webb, Allbritton & Gentry, PC
1515 Emerald Plaza
College Station, Texas 77845-1515
Tel: (979) 694-7000.
Fax: (979) 694-8000
r ··~
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Exhibit "A"
(Dominant Estate Property)
METES AND BOUNDS DESCRIPTION
OFA
108.88 ACRE TRACT
CRAWFORD BURNETT LEAGUE, A-7
COLLF.CE STATION, BRAZOS COUNTY, TEXAS
Doc Bk Vol pg
01159890 OR 11~19 149
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTATN TRACT OR PARCEL OF LAND LYING AND
BEING SlTUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, COLLEGE STATION,
BRAZOS COUNTY, TEXAS. SAID TRACT BEING THE REMAINDER OF A CALLED 136.063 ACRE TRACT AS
DESCRIBED BY A DEED TO L. M. HAUPT, JR. AND WlFE, STELLA GBRh"N HAUPT RECORDED IN VOLUME
171, PAGE 392 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND TIIE REMAINDER OF A
CALLED 3J ACRE TRACT AS DESCRIBED BY A DEED TO LEWIS M. HAUPT, JR. RECORDED IN VOLUME
293, PAGE 788 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEJNO MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A !."> INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF OLD WELLBORN ROAD
MARKING THE EAST CORNER OF SAID REMAINDER OF 136.063 ACRE TRACT AND TIIE NORTII CORNER
OF A CALLED 12.40 ACRE TRACT AS DESCRIBED BY A DEED TO OSAGE, LTD. RECORDED IN VOLUME
1130, PAGE 570 OF nm OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: S 41° 12' 34" W ALONG THE COMMON LINE OF SAID REMAINDER OF 136.063 ACRE TRACT
AND SAID 12.40 ACRE TRACT FOR A DISTANCE OF S17.37 FEET TO A 3/8 INCH lRON ROD FOUND
MARKING THE WEST CORNER OF SAID 12.40 ACRE TRACT AND THE NORTII CORNER OF THE
REMAINDER OF A CAI.LED 8.833 ACRE TRACT AS DESCRIBED BY A DEED TO GREENS PRAIRIE
lNVESTORS, LTD. RECORDED lN VOLUME 8413, PAGE 22 OF THE OFFICIAL PUBLIC RECORDS OF
BRAZOS COUNTY, TEXAS;
THENCE: S 41° SS' SO" W ALONG THE COMMON UNE OF SAID REMAINDER OF 136.063 ACRE TRACT
AND SAID REMAINDER OF 8.833 ACRE TRACT FOR A DISTANCE OF 429.64 FEET TO A Y, !NCH IRON ROD
FOUND MARKING 1liE COMMON CORNER OF SAID REMAINDER OF 8.833 ACRE TRACT AND TilE
REMAINDER OF A CALLED 3.0 ACRE TRACT AS DESCRIBED BY A DEED TO GREENS PRAIRIE
lNVESTORS, LTI>. RECORDED lN VOLUME 8513, PAGE 276 OF THE OFFICIAL PUBLIC RECORDS OF
BRAZOS COUNTY, TEXAS;
THENCE: S 41° 18' 46" W Al.ONG THE COMMON LlNE OF SAID REMAINDER OF 136.063 ACRE TRACT
AND SAID REMAINDER OF 3.0 ACRE TRACT FOR A DISTANCE Of 124.14 FEET TO A Ya INCH IRON ROD
FOUND MARKING nm NOR.m CORNER OF WILLIAMSGAT£ SUBDJVJSION, PHASE 1, ACCORDING TO
THE PLAT RECORDED IN VOLUME 7705, PAGE 206 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS
COUNTY, TEXAS;
THENCE: S41°30' 18" W ALONOTHECOMMON LINEOFSAIDREMAINDEROF 136.063ACRETRACT
AND WILLIAMSOATE SUBDIVISION, PHASE I, AND THE REMAINDER OF A CALLED 20.2.5 ACRB TRACT
AS DESCRIBED BY A DEED TO ROBBIE ROBINSON, LTD. RECORDED IN VOLUME 6446, PAGE 92 OF IBE
OFFICIAL PUBLlC RECORDS OF BRAZOS COUN"IY, TEXAS, FOR A DISTANCE OF 637.46 FEET TO A Ya
TNCH lRON ROD FOUND MARKING AN EASTERLY CORNER OF A CALLED 22.97 ACRE TRACT AS
DESCRIBED BY A DEED TO CHARLES I. TURNER AND MARYE. TURNER RECORDED IN VOLUME 3331,
PAGE 61 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: N 49° .58' 3.S" W ALONG THE COMMON LINE OF SAID REMAINDER OF 136.063 ACRE TRACT
AND SAID 22.97 ACRE TRACT FOR A DISTANCE OF 562.09 PEET TO A Y, INCH IRON ROD FOUND
MARKlNG THE NORTH CORNER OF SAID 22.97 ACRE TRACT;
THENCE: S 41° 21' 39" W CONTINUING ALONG 1llE COMMON LINE OP SAID REMAINDER OF 136.063
ACRE TRACT AND SAID 22.97 ACRE TRACT PORA DISTANCE OF SO! .S9 FEET TO A ~ INCH IRON ROD
FOUND ON rnE NORTHWEST LINE OF A CALLED 23.00 ACRE TRACT DESCRIBED AS TRACT 2 BY A
Easement Agreement for Drainage Page 7 of 12
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Doc Bk Vol F'!l
01159890 OR 11,19 150
DEED TO HENRY P. MA YO AND WIFE, SANDRA K. MA YO RECORDED IN VOLUME 1253, PAGE 878 OF
THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE EAST CORNER OF A
CALLED 27 .017 ACRE TRACT DIVIDED OUT OF SAID REMAINDER OF 136.063 ACRE TRACT, SAID 27.017
ACRE TRACT NOT YET FILED OF RECORD AT THE TIME OF THIS DESCRJPTION;
THENCE: TIIROUGH SAID REMAINDER OF 136.063 ACRE TRACT AND ALONG THE NORTIIEAST AND
NORTHWEST LINES OF SAID 27.017 ACRE TRACT FOR THE FOLLOWING CALLS:
N 47° 43' 18" W FOR A DISTANCE OF 898.64 FEET TO A Y:. INCH IRON ROD FOUND;
S 42° 56' 01" WFORA DISTANCE OF 803.33 FEET TO A 'la INCH IRON ROD FOUND MARK.ING
THE BEGINNING OF A CLOCKWISE CUR VE HA YING A RADIUS OF 468.50 FEET;
ALONG SAID CUR VE TIIROUGH A CENTRAL ANGLE OF 25° 02' 43" FORAN ARC DISTANCE OF
204.79 FEET (CHORD BEARS: S 55° 26' 04" W -203.17 FEET) TO A Y:. INCH IRON ROD FOUND
MARKING THE ENDING POINT OF SAID CURVE;
S 67° 52' 33" W FOR A DISTANCE OF 30.24 FEET TO A Y:. INCH IRON ROD FOUND ON THE
NORTHEAST LINE OF JONES BUTLER ROAD MARKING THE SOUTHWEST CORNER OF TiilS
HEREIN DESCRIBED TRACT;
THENCE: N 22° 02' 42" W ALONG THE NORTHEAST LINE OF JONES BUTLER ROAD, SAME BEING THE
SOUTHWEST LINE OF SAID REMAINDER OF 3.3 ACRE TRACT, FORA DISTANCE OF 412.84 FEET TO A 'la
INCH IRON ROD FOUND MARKING THE COMM:ON CORNER OF SAID REMAINDER OF 3.3 ACRE TRACT
AND A CALLED 29.175 ACRE TRACT AS DESCRIBED BY A DEED TO JOHN WHEELER BARGER, TRUSTEE,
RECORDED IN VOLUME 7583, PAGE 90 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,
TEXAS;
THENCE: N 42° 14' 17" E ALONG THE COMMON LINE OF SAID REMAINDER OF 3.3 ACRE TRACT AND
SAID REMAINDER OF 136.063 ACRE TRACT AND SAID 29.175 ACRE TRACT FORA DISTANCE OF 3402.74
FEET TO A 6 INCH FENCE CORNER POST FOUND ON THE SOUTHWEST LINE OF OLD WELLBORN ROAD
MARKING THE NOR1H CORNER OF TiilS HEREIN DESCRIBED TRACT;
THENCE: S 47° 04' 17" E ALONG THE SOUTHWEST LINE OF OLD WELLBORN ROAD FORA DISTANCE OF
1867 .58 FEET TO THE POINT OF BEGINNING CONTAINING I 08.88 ACRES OF LAND, MORE OR LESS, AS
SURVEYED ON THE GROUND MARCH 2010. SEE PLAT PREPARED MARCH 2010, FOR MORE
DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NOR1H AS
ESTABLISHED FROM GPS OBSERVATION.
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502
D:/WORKIMAB/10-024.MAB
Easement Agreement for Drainage Page 8of12
P:\Gentry\CSISD Haupt 21223\Phllllps Dev\Dralnage Easement\Easement Agreement for Dralnage_CSISD v.2.docx
Exhibit "B"
(Servient Estate Property)
FIELD NOTES
27.017 ACRES
OUT OF THE
L. M. HAUPT, JR., ET UX
CALLED 136.063 ACRE TRACT
VOLUME 171, PAGE 392
CRAWFORD BURNETT LEAGUE, A-7
COLLEGE STATION, BRAZOS COUNTY, TEXAS
NOVEMBER 30, 2009
Doc Bk Vol pg
01159890 OR 11419 151
All that certain lot, tract or parcel of land being 27.017 acres situated in the CRAWFORD BURNED
LEAGUE, Abstract No. 7, Brazos County, Texas, and being a part of that certain Called 136.063 acre
tract described in deed from P. D. Gandy and wife, Ruby L. Gandy to L. M. Haupt, Jr. and wife, Stella
Geren Haupt of record in Volume 171, Page 392, of the Deed Records of Brazos County, Texas, said
27.017 acre tract being more particularly described by metes and bounds as follows:
BEGINNING at a 6" Fence Post found in the northeast right-of-way line of Jones-Butler Road for the most
southerly corner, said corner being the most southerly corner of said Called 136.063 acre tract and also
being the most westerly corner of the remainder of the Oak Creek, L.L.P. Called 58.52 acre tract of record
in Volume 4030, Page 98;
THENCE N 22 ° 02 ' 36 " W, along the northeast right-of-way line of said Jones-Butler Road and the
southwest line of said Called 136.063 acre tract a distance of 1099.40 feet to a Y:." Iron Rod with Cap set
for the most westerly corner, a Y:." Iron Rod with Cap found for the most westerly corner of said Called
136.063 acre tract bears N 22 ° 02 '36 "W a distance of 412 .76 feet;
THENCE N 67 ° 57 ' 24 11 E, a distance of 30.22 feet to a Y:." Iron Rod with Cap set for the beginning of a
curve;
THENCE along said curve in a counterclockwise direction having an arc length of 204.64 feet, a radius of
468.50 feet, a chord bearing of N 55 ° 26' 37 11 E, a chord length of 203.01 feet, and a delta angle of 25 °
01 ' 34 11 to a Y:." Iron Rod with Cap set for the point of tangency of said curve;
THENCE N 42 ° 55 ' 51 11 E, a distance of 803.46 feet to a Y:." Iron Rod with Cap set for the most northerly
corner;
THENCE S 47 ° 43' 18" E, a distance of 898.64 feet to a Y:." Iron Rod with Cap set for the most easterly
corner, said corner being located in a southeast line ofsaid Called 136.063 acre tract and a northwest
line of the Henry Mayo, et ux, Called 23.00 acre tract of record in Volume 1253, Page 878, a Y:." Iron Rod
with Cap set for an interior ell corner of said Called 136.063 acre tract bears N 41 ° 22' 32 • Ea distance
of 801.63 feet;
THENCE S 41 ° 22' 32 "W, along the southeast line of said Called 136.063 acre tract, the northwest line
of said Called 23.00 acre tract, and the northwest line of the remainder of said Called 58.52 acre tract a
distance of 1504.90 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 27.017
ACRES OF LAND, MORE OR LESS, according to a survey performed November 17, 2009, under the
supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961. For north orientation
and other information, see accompanying plat.
Easement Agreement for Drainage Page 9of 12
P:\Gentry\CSISD Haupt 21223\Phllllps Dev\Drainage Easement\Easement Agreement for Dralnage_CSISD v.2.docx
STRONG wz~n:
URVEYING ~== ..a= • ,,.
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aBi •
scm:r.200'
7JDTI ACRES
OUTOFlHE
M. HAUPT, JR. £f UX
CAil.ID 136D63 MJ.f. TRACT
VOLUME 171, PAGE 392
CRAwr-ORD BUR~ LEAQJf, k7
COLLEa STATION, BRAZOS COUNTY, TEXAS
NOVEMBER·2009
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N 42'164:Z-E ,_ .. ,.
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SURV'EY PLAT
Of A
PUBLIC ACCESS EASEMENT &
DRAINAGE EASEMENT
N/f
COLLEGE srATION ISD
REM. 27.02 ACRE 1RACT
9626/76
CRAWFORD BURNETT LEAGUE, A-7
COLLEGE STATION BRAZOS COUNTY TEXAS
SCILE: I NJ! • 30 FEET D~ PW~~-13 JOB NUMBER: 13-231 t--..._-~ CAD -E: 13-231
al5 ALE:~
PREP~ Br: llERR SUR'o'EYW'CC, U.C -11. "IEXllSMJllJE
-lEXllS 77I03 -(9711) HS--31"
SO: METES N10 1101H1S PAEIWl£D N'ltll. 21ll3
RlR llCR: DtSaWM l~TICll.
-S'ISIBI SltCWN 1£R!DN IS llllSED ON QIO NOR11t AS ESrA111.1SHED flUI <OPS OllSfJM(llON.
SCALE: 1• JO'
N/f H~TH PHIWPS INVESTMENTS, UC
REM. 1 08.68 ACRE TRACT
9627/73
1 /2 lllOt IRIDN ROD FDUND llENIS:
S 47''3'18" E 547.'4'
m m Cl> CD m 3 )(
(I) :::r
3. c;:
\J ;:::;
a ~ -c (I)
;::l. :::s
METESANDDOUNDSDESCRIP1~0N
OFA
DRAINAGE EASEMENT
CRAWFORD BURNETT LEAGUE, A-7
COLLEGE STATION, BRAZOS COUNTY, TEXAS
Doc e.1< Vo 1 p9 01159890 OR 11419 154
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND
LYING AND BEING SITUATED IN THB CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, COLLEGE
STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A
CALLED 27.02 ACRE TRACT AS DESCRIBED BY A DEED TO COLLEGE STATION ISD RECORDED IN
VOLUME 9626, PAGB 76 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEINO MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 1/2 INCH IRON ROD FOUND MARKING THE EAST CORNER OF SAID REMAINDER
OF 27.02 ACRE TRACT AND THE SOUTH CORNER OF THE REMAINDER OF A CALLED 108.88 ACRE
TRACT AS DESCRIBED BY A DEED TO HEATH PHILLIPS INVESTMENTS, LLC RECORDED IN VOLUME
9627, PAGE 730F nm OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TBXAS, FOR REFERENCE A 1/2
INCH m.ON ROD FOUND MARKING THE EAST CORNER OF SAID REMAINDER OF 108.88 ACRE TRACT
BEARS: N 41° 21' 39" E FOR A DISTANCE OF 801 .59 FEET;
THENCE: N 47° 43' 18" w ALONG nm COMMON LINE OF SAID REMAINDER OF 27.02 ACRB TRACT AND
SAID REMAINDER OF 108.88 ACRE TRACT FOR A DISTANCE OF 547 .64 FEET;
THENCE: THROUGH SAID REMAINDER OF 27 .02 ACRE TRACT FOR THE FOLLOWING CALLS:
S 42• 14' 17" W ACROSS TIIB FUTURE RIGHT-OF-WAY OF TOWERS PARKWAY (67' R.O.W.) FOR
A DISTANCE OF 67.00 FF.ET;
N 47° 43' 1811 W ALONG THE FUTURE SOUTHWEST LINE OF TOWERS P'Afll<.WAY FOR: A
DISTANCE OF SS.SS FEET TO THE POINT OF BEGINNING OF THIS HEREINDESCRIDBD TRACT;
THENCE: CONTINUING THROUGH SAID REMAINDER OF 27.02 ACRE TRACT FOR THE FOLLOWING
CALLS:
S 42° 16' 42" Wl'OR' A DISTANCE·OF 19:88 FEET;
N 47° 43' 18" W FOR A DISTANCE OF 20.00 FEET;
N 42° 16'42" EFORADISIANCEOF 19.88FEETTOTHEFUTURESOUTHWESTLlNEOFTOWERS
PARKWAY;
S 47° 43' 18" B ALONG Tim FUTURE SOUTHWEST LINE OF TOWERS PARKWAY FOR A
DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING CONT AININO 398 SQUARE FEET OF
LAND, MORE OR LESS. BBARINO SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS
ESTABLISHED FROM GPS OBSERVA ION.
BRAD KERR
REGISTERED PROFESSIONAL
; · • LAND SURVEYOR No. 4502 D:\work\13-23 IA.mab
Easement Agreement for Drainage Page 12 of 12
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DEVELOPMENT PERMIT
PERMIT NO. DP 13-73
CIT\' OF Cou.aE ST,\TION /lfJr1'ti~ tJ. lln'rlaptttn1t S't-n.u..,
FOR AREAS OUTSIDE THE SPECIAL FLOOD HAZARD AREA
RE: CHAPTER 13 OF THE COLLEGE STATION CITY CODE
SITE LEGAL DESCRIPTION:
Papa Bear Dr, Hayes Ln , Towers Pkwy
The Barracks 11
Phase 200
DATE OF ISSUE: 5/28/2013
OWNER:
Heath Phillips Investments, LLC
516 Deacon Dr. West
College Station, Tx 77845
SITE ADDRESS:
Hayes Lane
DRAINAGE BASIN:
Bee Creek Trib. "B"
VALID FOR 24 MONTHS
CONTRACTOR:
TYPE OF DEVELOPMENT: Full Development Permit
CONDITIONS:
1. No work beyond limits covered in permit is authorized.
2. The permit may be revoked if any false statements are made herein. If revoked , all work must cease until permit is re-
issued.
3. Development shall not be used or occupied until Certificate of Occupancy is issued.
4. The permit will expire if no significant work is progressing within 24 months of issuance.
5. If required, Elevation Certificates will be provided with elevations certified during construction (forms at slab pre-pour)
and post construction.
6. Other permits may have been required to fulfill local, state and federal requirements. Construction will be in
compliance with all necessary State and Federal Permits.
7. Stormwater mitigation, including detention ponds will be constructed first in the construction sequence of the project.
8. In accordance with Chapter 13 of the Code of Ordinances of the City of College Station, measures shall be taken to
insure that all debris from construction, erosion , and sedimentation shall not be deposited in city streets, or existing
drainage facilities. Construction Site Notice or Notice of Intent (NOi) along with Stormwater Pollution Prevention Plan
(SWP3) will be kept and maintained on-site during construction as per TPDES permitting requirements. If it is
determined that the prescribed erosion control measures are ineffective to retain all sediment on-site, it is the
Contractor's responsibility to implement measures that will meet City, State, and Federal requirements.
9. All disturbed areas will be re-vegetated prior to Letter of Completion or Certificate of Occupancy.
10. All trees required to be protected as part of the landscape plan must be completely barricaded in accordance with the
Landscaping and Tree Protection Section of the City's Unified Development Ordinance, prior to any operations of this
permit. The cleaning of equipment or materials within the drip line of any tree or group of trees that are protected and
required to remain is strictly prohibited. The disposal of any waste material such as, but not limited to, paint, oil ,
solvents, asphalt, concrete, mortar, or other harmful liquids or materials within the drip line of any tree required to
remain is also prohibited .
11 . All construction shall be in accordance with the stamped approved plans and specifications for the above-named
project and all of the codes and ord inances of the City of College Station , as well as State and Federal Regu lations
that apply. Only those deviations from BCS Unified Design Guidelines, Specifications and Details specifically
requested and approved will be allowed.
12. Special Conditions: No work in easement area on CSISD property until easements have been filed . ***TCEQ PHASE
II RULES IN EFFECT***
I, _______________ , the Contractor, hereby agree to comply with all conditions herein.
Contractor Date
I hereby grant this permit for development. Contact (srad k:o ;fv -=t n -0 S'f/ 'the Public Works
Inspector assigned to this project 24 hours prior to beginning construction for scheduling required Inspections.
Date / I
ENGINEERING COMMENTS NO. 4
vi( The drainage easement and access easement need to be filed before work can begin in
that area and prior to P&Z scheduling.
/ Noted. t/'2 . The labels on Sheet 3 & 4 in the plan view still say Iron Horse Drive. On sheet 4, the title
block and note 4 should be revised as well.
The intersection labels on sheet 3&4, note 4, the title of the alignment data,
and the title block have all been updated .
./. The block table for signage needs to be added to sheet 2. Please contact Robin Krause
/
rkrause@cstx.gov for this information.
Robin Krause emailed the information shown on the plans.
4. Please add the streetlights before submitting for stamping.
Streetlights were added to the plans on sheet 3. j 5. Thank you for revising FH 1; with my original comment, I was hoping to eliminate all the
bends on that fire hydrant lead. Is it possible to install the fire hydrant on the other side
of the line, so that just the tee is needed without the 90-degree bend?
FH 1 's location was changed. It is the same location that was shown in an
/,.. exhibit sent to you on May 6, 2013 J 6. The remaining development permit fee is $1,882.88.
The revised estimate is $553, 155. The Development Permit fee is $5,531.55-
$600=$4,931.55 remaining.
Doc Bk Vol P11 01105883 OR 10,20 239 NOTICE OF COIUIDENDAUl'Y RIGHTS: D'YOU ARE A NA11JRAL PKRSON, YOU MAY REMOVEORsnDCE ANY OR ALL Ol'TllE IOU.OWING JNllOllMATION l"ROM ANY INS'l'IWMENTTBAT TltA.N8fER8 AN INTBRIBl'IN REAL fllOPIEllTY BDOU IT 18 JIUD IOR RECORD IN T11E PUBUC:RECOJUJS: YOtJRSOCIAL n:cmtlTY N1JMBlll OR Y01JR DRIVER'S UCENSE NUMBER. DATE: GRANTOR:· DMPORAIYllLANQTJZDLD'YWEMENT ilw·' .2011 HEADI PIDWPS JNVF.S1MENTS, LLC, a Tex.es limited liability-GRANTOR'S llAILING ADDRESS: 330'l Omcn1 Partway BmmsCounty Cmcludins County) Collep SUdion, Texas 77845 GRANTEE: CITY OF COILEGE STATION, TEXAS GRANTD'S MAILING ADDRESS: (including County) P. 0. Box 9960 Brazos County Collep SIBlion, Tcus 77842 CONSIDDATION: Ten Dollars ($10.00) and other sood and valuable consideralion. PROPERl'Y: All that certain tract or parcel of land CoDIBining 108.88 acres of land, more or lea. lying and being si1uased in the Crawford Bumett Leeguo. Abslract No. 7, College SCalion, Drams c.ounty, Texas, said tract being the ranaincler of a called 136.063 acre tmt • damibed by a deed to L. M. Haupt, Jr. llllcl wife, SlelJa a.ca Haupt recorded in Volume 171, Page 392 Deed Records of Bmos County, Texas, and the remainder of a called 3.3 acre ... as described by a deed to Lewis M. Haupt, Jr., recorded in Volume 293, Page 788, Deed Records of Brazos County, Tam; said 108.81 aae tract being more partic:uJarly described by meces and bounds on EJlalliit A aaached hanto and made a part hereof for all iDtems and pmposes. Papi <>--' ......... ~lllllllidalillay•• ........ 1Clf25/2011 !.Jrir::;ii::i'i!r:d Jm9;~J . '
. R I ~
f 1!l1f ~~t·1· al(~l!iI l•1 ( ;1i;r ~ lr1'1~~ tl
1 ~ .B e:r~ ·.s-· , ;. i r"i a le: "' c
.. • t1 . fl It ~ f 1 ~ ~ 8. ~I i d f. f I
'~t ~U •1rJ' tj ... ah 1 lEl"1 •i . ~ ~ I ~I I ~ I .f '. . If~ • :J l ~
· 1 ~uunn !!tiill di dH Hn! 11 !:
~< ~:?.
Doc Bk Vol P9
01105883 OR 16'20 241
S. GRANTOR warrants lhe rights a intaals ben:in described unto 1he
GRANTEE, and Ila IUtteSIOIB and aaips, fDnmr, and GllANTOR docs hereby
bind itsel( its IOCQllSOfS and a.sips, ID warrant ad Dever defmd, all mcl
sinplar, these rf&lda end bderem mdD 1he ~and its SU«CM!llS and
migDs, apimt evmy pcnon wburmoew:r law6dly daiming, or to claim .me, or
my part tbereo£
HEATII PIDWPS INVESlMENTS, UC.
a Texas llmbd liability company
CONSENJANP SUBOJmlNATION BY l.IENHOIJ>F.R
Lienboldcr, as lbe holder of licm(s) on die fee simple title to 1he Eascmmt Pnlperty, consents to
the abow: gnmt of Ill er s r ncnt, including the 1erm8 and COllditioas of IUCb grant, sad Lieabolder
subonlinases its Um(s) to the riabil and inllnltS of the nmrcnt, such dmt a foreclosure of the
liea(s) will not ea•h•i"" lbe ri&bts and intllats oftbe eaaement.
APPROVED AS TO IORM.
TBJ8 DOCIJMENT MAY NOT i
BE CHANGED WITHOUT ! -r;~ALli
Caty Aaomey !I
AMBRICANMOMENTUMBANK
.. ..
I I.
f If
-I !' ...
Ill "' ::: ~
~Pagel ....... ~ .... ~_.. ........ 0:5 •
Doc Bk Val P9
01105883 OR 10420 242
TIIE STATE OF TEXAS §
f ACKNOWLEDGMENT
COUNJY OF BRAZOS §
This imllumeat was acknowledged before me oa the ~day of :flstJ.&n j,.,, .
2011, by HE.A 1H PHll.lJPS, Presideat of HEATII PHILLIPS INVESTMENTS. I.LC, a Texas
limited llability company, oa behalf of a HEAm PHD.JJPS INVESTMENTS, U.C, a Texas
limited liability company.
1llE STA1B OP TEXAS I
· § ACICNOWLEOOMENT
COUNTY OP Cxr..r oS f
This instrumeat WU~ before-:"Oft the~ day Of 0o~fmbtl ,
2011, by "::»M ("l\. Du5b,._. ~ of AMERICAN
MOMENTUM BANK. on behalf of said AMERICAN MOMENTIJM BANK.
PREPARED IN THE omat OF:
City ofCollep Station
Lep1 Depulmeol
P.O. Box 9960
Collcp Slatioa, Texas 77142-9960
RETIJRN ORIGINAL DOCUMENT TO:
City ofColleae Sadan
Lep1 Deparbneut
P.O. Bax 9960
Collep Stadon, Texas 77842-9960
Jomt2011
..... ··------.. __ ,, ____________ _
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April 25, 2013
Daniell Singh, P .E.
Civil Engineer
City of College Station
1101 Texas Avenue
College Station, TX 77840
Re: THE BARRACKS II SEC 200 (FP) -13-00900073
Dear Ms. Singh:
Office: 979.764.3900
Fax: 979.764.3910
This letter is an addendum to the drainage report titled "Drainage Report for The Barracks II
Subdivision Section 200 College Station, Texas". This addendum is addressing the addition of a
grate inlet to the upstream side of Pipe 2007. A Revised Appendix B2 is attached which now
includes the calculations for Inlet 2007 which is located on CSISD property. CSISD did not want
an open pipe in this location. A 25% clogging factor was used for this inlet design.
If you have any questions, please do not hesitate to call.
Very truly yours,
Schultz Engineering, LLC.
P.O. Box 11995 • College Station, Texas 77842
schultzengineeringllc.com
APPENDIXB2
)<
The Barracks II Section 200
Storm Sewer Inlets in Sump -Design Analysis
Inlet Length 010 010 010 0 100 0100 0 100*
No. ft. cf s ft. in. cf s ft. in.
S2001 10 2.81 0.221 2.65 4.01 0.280 3.37
S2005 5 1.52 0.233 2.80 2.05 0.284 3.41
S2006 10 6.80 0.399 4.79 9.33 0.492 5.91
S2011 5 1.99 0.279 3.35 2.69 0.341 4.09
S2021 10 7.95 0.443 5.31 11 .04 0.551 6.61
* ROW elevation is 8" above gutter line so 100-yr storm runoff is contained within ROW
Assume 10% clogging for design
AppendixC
Grate Inlet Design Summary
Grate Actual Design Ag 10-Year Storm 100-Year Storm
Inlet Grate Ag Contributing Clogging Calculated
Size Area Aa 010 Depth, y 0100 Depth, y Number
(ft2) % (ft2) (cfs) (ft) (in) (cfs) (ft) (in)
S2007 2-Grate Inlet 15.60 301 25 11 .70 37.99 0.45 5.44 52 .34 0.86 10.34
CONCRETE COMPRESSIVE STRENGTH TEST REPORT
Report Number: Al 131059.0017
08/17/13
lrerracon
Service Date:
Report Date: 10/12/13 Revision 4 -56-day results
Task:
Client
Heath Phillips Investments
Attn: Heath Phillips
P.O Box 262
Wellborn, TX 77881
Project
Barracks Phase 102
6198 Imperial Loop
College Station, TX 77845
979-846-3767 Reg No: F-3272
Rock Prairie at Holleman Drive
College Station, TX 77845
Project Number: A 1131059
Material Information
Specified Strength: 3,000 psi @ 28 days
Sample Information
Sample Date: 08117/13 Sample Time: 0645
Sampled By: DeBord, Quade
Mix ID: !" 3000 Weather Conditions: Partly cloudy, light wind
Supplier: B.V.S. Construction Accumulative Yards: 20130 Batch Size ( cy): 10
Batch Time: 0550 Plant: BCS Placement Method: Direct Discharge
Truck No.: 63 Ticket No.: 9842 Water Added Before (gal): 10
Field Test Data
Test
Slump (in):
Air Content(%):
Concrete Temp. (F):
Ambient Temp. (F):
Plastic Unit Wt. (pct):
Yield (Cu. Yds.):
Result
4 112
3.4
85
77
147.5
Specification
Max5
3 - 5
40 -95
40 -95
Not Specified
Water Added After (gal):
Sample Location:
Placement Location:
Northwest corner of General Parkway
and Capps Drive
Sidewalk
Laboratory Test Data Age at Maximum Compressive
Set Specimen Avg Diam. Area Date Date Test Load
No. ID (in) (sq in) Received Tested (days) (lbs)
I A 4.00 12.57 08/21/13 08/24/13 7 31,030
B 4.00 12.57 08/21/13 09/14/13 28 36,720
c 4.00 12.57 08/21/13 09/14/13 28 34,150
D 4.00 12.57 08/21/13 09/14/13 28 37,460
Average (28 days)
E 4.00 12.57 08/21/13 10/12/13 56
Comments: Compressive strength of56 day cylinders complies with the specified strength.
*Cylinder IE re-marked for 56-day break.
Samples Made By: Terracon
37,710
Strength Fracture
(psi) Type
2,470 5
2,920 3
2,720 3
2,980 3
2,870 *
3,000 3
Services: Obtain samples of fresh concrete at the placement locations (ASTM C 172), perform required field tests and cast, cure, and
test compressive strength samples (ASTM C 3 I, C 39, C 123 1).
Terracon Rep.: DeBord, Quade Started: 0630
Reported To: Finished: 0700
Contractor:
Report Distribution:
(1) Heath Phillips Investments, Heath Phillips (I) B.V.S. Construction, Inc., Rebecca Rice
(I) City of College Station TX, Israel Koite
Reviewed By:
(I) City of College Station TX, Danielle Singh
(I) Goodwin -Lasiter Inc, John Rusk
(1) Terracon Consultants, Inc., Mark Dornak
(I) Greens Prairie Investors Ltd, Wallace Phillips
Test Methods: ASTM C 3 1, ASTM Cl43, ASTM C231, ASTM Cl064
Project Manager
The tests were performed in general accordance with applicable ASTM, AASHTO, or DOT test methods. This report is exclusively for the use of the client
indicated above and shall not be reproduced except in full without the written consent of our company. Test results transmitted herein are only applicable to the
actual samples tested at the location(s) referenced and are not necessarily indicative of the properties of other apparently similar or identical materials.
CROOOI, 8-27-t I, Rev.5 Page 1of 1
.,-
13
Scale= 1: 215 (Feet)
1 N 02° 44' 30" W 35.36
2 N 42° 14' 17" E 775.94
3 S 47° 45' 43" E 424
4 S42°14' 17"W90.92
5 S 02° 45' 43" E 35.36
6 s 42° 14' 17" w 50
7 s 87° 14' 17" w 35 .36
2
12
8
/
8 N 47° 45' 43" W 50
9 N 02° 45' 43" W 35.36
10 N 47° 45' 43" W 83
11 S42°14'17"W702.19
12 N47°43'18"W241.06
13 N 42° 16' 42" E 67
N
i
10
LOT 1
BLOCK 1
Zoning Districts
A-0
A-OR
R-1
R -18
R-2
Agricultural Open
Rural Residential Subdivision
Single Family Residential
Single Family Residential
Duplex Residential
8
9
R-3
R-4
R-6
R-7
0
GC
Cl
DEVELOPMENT REVIEW
A-0
Townhouse
Multi-Family
High Density Multi-Family
Manufactured Home Park
Office
General Commercial
Commercial-Industrial
ARRACKS II
UBQM~ION
PH 300
C-3
M-1
M -2
C -U
R &D
P-MUD
PDD
PARK
LAND
PARK
LAND
Li ght Commercial
Light Industrial
Heavy Industrial
College and University
Research and Development
Planned Mixed-Use Development
Planned Development District
LAND
PARK
LAND
PARK
LAND
"-..
ft"'l(;,o
r.f?o
A-0
WPC
NG-1
NG -2
NG -3
ov
ROD
KO
11
THE BARRACKS II
SECTION 200 I I Case : 13-073
1
2 .
PAR
LAN
2
3
21 20
4 .
5
22 ·19 . .
23 18 . BUB~!fJ
l,JBDf\llS
1 ..
30
3
Wolf Pen Creek Dev. Corridor
Core Northgate
Transitional Northgate
Residential Northgate
Corridor Overlay
Redevelopment District
Krenek Tap Overlay
FINAL
PLAT
DEVELOPMENT REVIEW
THE BARRACKS II
SECTION 200