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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. , Item l 2 3 4 5 6 7 8 9 10 II 12 13 14 .. 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 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 47 48 49 50 51 52 53 54 55 56 57 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 Item I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 ,.I • Item 18 19 20 21 22 23 24 2S 26 27 28 29 30 31 32 33 34 35 36 37 38 39 37 38 39 40 41 42 43 44 45 46 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 .. •' Item 47 48 49 50 51 52 53 54 55 56 57 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. Easement Agreement for Drainage Page 1 of 12 P:\Gentry\CSISD Haupt 21223\Philllps Dev\Dralnage Easement\Easement Agreement for Drainage_CSISD v.2.docx Do•: Bk Vo 1 pg 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. Easement Agreement for Drainage Page 2 of 12 P:\Gentry\CSISD Haupt 21223\Philllps Dev\Dralnage Easement\Easement Agreement for Dralnage_CSISD v.2.docx Doc Bk Vol pg 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, Easement Agreement for Drainage Page 3 of 12 P:\Gentry\CSISD Haupt 21223\Phlllips Dev\Drainage Easement\Easement Agreement for Dralnage_CSISD v.2 .docx Doc Bk Vol Ps 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.] Easement Agreement for Drainage Page 4 of 12 P:\Gentry\CSISD Haupt 21223\Philllps Dev\Drainage Easement\Easement Agreement for Drainage_CSISD v.2.docx 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 Easement Agreement for Drainage Page 5of12 P:\Gentry\CSISD Haupt 21223\Phllllps Dev\Dralnage Easement\Easement Agreement for Drainage_CSISD v.2.docx 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 Easement Agreement for Drainage Page 6 of 12 P:\Gentry\CSISD Haupt 21223\Philllps Dev\Dralnage Easement\EasementAgreement for Dralnage_CSISD v.2.docx Exhibit "A" (Dominant Estate Property) METES AND BOUNDS DESCRIPTION OFA 108.88 ACRE TRACT CRAWFORD BURNETT LEAGUE, A-7 COLLEGE STATION, BRAZOS COUNTY, TEXAS Doc Bk Vo 1 pg 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 Easement Agreement for Drainage Page 7 of 12 P:\Gentry\CSISD Haupt 21223\Phllllps Dev\Dralnage Easement\Easement Agreement for Drainage_CSISD v.2.docx Doc Bk Vol pg 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 Easement Agreement for Drainage Page 8 of 12 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 Do•: Bk Vol pg 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. Easement Agreement for Drainage Page 9 of 12 P:\Gentry\CSISD Haupt 21223\Phllllps Dev\Dralnage Easement\Easement Agreement for Dralnage_CSISD v.2.docx 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 l.3 L4 L5 l6 L7 LB LI 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 SCALE: 1 INCH • JO FEET SIAlllEY DoVE: PW l».JE: 04-09-13 JOB NUl&R: 13-231 CAD NMIE: 13-231 a'5 FU: BllllRH:ICS2 PREPMED Bl': -SUR\£YN:, U.C .a II. TEXAS MllllE -. TEXAS 77llll PHOIE (919) zta-.l115 SU: M£TES MIO llOINlS PAl!PM£D -. 211113 RlR llCR: DESaW'IM: NtlllMllCll. 8EllMIC sm&I st1011N HER£DN IS Bl'Sf;D ON GllO NORD! /5 ES1MU51ED fR* GPS 08SEJl\lll1lON. SCALE: 1• 30' N/F HEATH PHIWPS INVES'lMEHTS, LlC REM. 108.88 ACRE TRACT 9627/73 / ~<?/ "·. 4/ -~·· ~/ ~-· '>/ , /2 lllOi llON llQll f'OUll) llEMS: S 47'43'18" E 547.M' -m Q) en (I) m 3 >< (I) '::T :J er -:::; "ti a q -0 (I) ;::i. '< - . ' 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 P:\Gentry\CSISD Haupt 21223\Phllllps Dev\Dralnage Easement\Easement Agreement for Dralnage_CSISD v.2.docx 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. Easement Agreement for Drainage Page 1 of 12 P:\Gentry\CSISD Haupt 21223\Phllllps Dev\Dralnage Easement\Easement Agreement for Drainage_ CS ISO v.2.docx 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. Easement Agreement for Drainage Page 2of12 P:\Gentry\CSISD Haupt 21223\Phllllps Dev\Dralnage Easemenl\Easement Agreement for Dralnage_CSISD v.2.docx 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, Easement Agreement for Drainage Page 3 of 12 P:\Gentry\CSISD Haupt 21223\Phllllps Dev\Drainage Easement\Easement Agreement for Dralnage_CSISD v .2.docx 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.] Easement Agreement for Drainage Page 4 of 12 P:\Gentry\CSISD Haupt 21223\Philllps Dev\Drainage Easement\Easement Agreement for Dralnage_CSISD v.2.docx 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. Easement Agreement for Drainage Page 5 of 12 P:\Gentry\CSISD Haupt 21223\Phllllps Dev\Dralnage Easement\Easement Agreement for Dralnage_CSISD v.2.docx 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 P:\Gentry\CSISD Haupt 21223\Phillips Dev\Drainage Easement\Easement Agreement for Drainage_CSISD v.2.docx 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 Easement Agreement for Drainage Page 7 of 12 P:\Gentry\CSISD Haupt 21223\Phlllips Dev\Dralnage Easement\Easement Agreement for Dralnage_CSISD v.2.docx 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 Easement Agreement for Drainage Page 8 of 12 P:\Gentry\CSISD Haupt 21223\Philllps Dev\Dralnage Easement\Easement Agreement for Drainage_CSISD v.2.docx 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 P:\Gentry\CSISD Haupt 21223\Phllllps Dev\Dralnage Easement\Easement Agreement for Dralnage_CSISD v.2.docx ==-··--·Gl'S ----"' ........ ., .,.. __ .,_, :-.:::-.. ':.:"=.~.:.-. -lll ff' ... ODOM5il5. 'lllln .., ~==-.:=---· ,_, '-1 -..... lo 1ZJilm ---1111-1" P.llL II 7Z5Sl91 -IOI llltd 1111 tld. 'Do llA1I'. ....... "'451211 -... """'*'-'· ;\l::!r-_ .. __ lltlallld l1oo 11.D.W. ""' 11 '1&'13 , ... 611 lflld ... ~IC\. "lllall.9.-llK~ba-cal -..., cllod 1lls w.:t. ""'R.D.11.-h !J2/08-<l!ld W: n:Jmdll ..... !.":.i"'I::· ., .... .._...,., L II. llolpt, Jr. et Ill 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 -om 15 3l ~ CD ~~ () 3. ~ )> C/l <C 0 ..... :::r; CD "' (I) {5 3 -(I) ~a "' "'0 ~ .... ~ 0 -5' iil en s· 0 Ill Cl> IC s (I) 0 iil 3" "' (Q Cl> m "' "' co 3 co ::i ~ "' CJ) 3 CJ) a. ~ iil CD 3 CJ) a. Q' CJ iil :;- "' (Q 1'" () (/) (ii 0 < N 0.. 0 -0 ~~ (I) -" LINE L1 L2 1.3 L4 L5 L6 L7 LI! Lii l10 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 )( (I) ::r 3. c: -0 ;:;: a ~ "C CD ::l. :$ .. 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 Easement Agreement for Drainage Page 12 of 12 P:\Gentry\CSISD Haupt 21223\Philllps Dev\Drainage Easement\Easement Agreement for Dralnage_CSISD v.2.docx 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. Easement Agreement for Drainage Page 1 of 12 P:\Gentry\CSISD Haupt 21223\Phillips Dev\Dralnage Easement\Easement Agreement for Drainage_CSISD v.2.docx Doc Bk Vol pg 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. Easement Agreement for Drainage Page 2of12 P:\Gentry\CSISD Haupt 21223\Phillips Dev\Dralnage Easement\Easement Agreement for Dralnage_CSISD v.2.docx Doc Bk Vol pg 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, Easement Agreement for Drainage Page 3 of 12 P:\Gentry\CSISD Haupt 21223\Phllllps Dev\Drainage Easement\Easement Agreement for Dralnage_CSISD v.2.docx Doc Bk Vol Ps 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 P:\Gentry\CSISD Haupt 21223\Philllps Dev\Drainage Easement\Easement Agreement for Drainage_CSISD v.2.docx 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 Easement Agreement for Drainage Page 5 of 12 P:\Gentry\CSISD Haupt 21223\Phlftlps Dev\Dratnage Easement\Easement Agreement for Dralnage_CSISD v.2.docx 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 ··~ Easement Agreement for Drainage Page 6 of 12 P:\Gentry\CSISD Haupt 21223\Phllllps Dev\Dralnage Easement\Easement Agreement for Drainage_CSISD v.2 .docx 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 P:\Gentry\CSISD Haupt 21223\Phllllps Dev\Dralnage Easement\Easement Agreement for Drainage_CSISD v.2.docx 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= • ,,. __ " ____ SI'S -'119 ___ .... _« ·---.. w.w.ar ,..~~--·~ =="~ ... :i=."~ .. .. _______ _ ~-.. -- ::. ':"'::.":':" -II 7DMllS 1'11'JLE-111ZSllll---· -?MllG. .. _lt ___ _ --lrod. .... u.w. -.. l!l4llllO ........ olfod --TlllUJl._11 __ .. _ ......... Thl..D.ll._ll_lo•-------'111111..QK.-llmJSll __ ... --·-!.1:..."'t = m <I -II_,... af 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 "m i5 21 ~ <D ~~ (') 3. ~ )> 0 IC I (il "' <D .§ 3 -<D ~ 3. N N O'.., ~ §0 -0 ~- "' ::J o m CD CO $ <D 0 iil 5" ~ CD m el CD 3 CD :::> ~ "' CD 3 CD :a ~ iil CD 3 CD a Q 0 iil 5" "' UJ 1(1) (') (/) en 0 < iv 0.. 0 \J Q~ <D .... .... a ...... l\J LIME u c'2 1.3 L4 15 u; L7 lB Lii L10 BEMIHG OISrN«:E s 4:'16 42" Ill' l!I N 47'<0..>"!1J Ill' 20. N 42'16 ~-E 19. s 47'4.Yl5 E 20. N 47'43111 W l::i. S 42'11>42 YI 2.24 N 47'43 I~ W 13!'7 N 42'164:Z-E ,_ .. ,. N 411"162T W 12.13 N 46"50..., W 16.31 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 P:\Gentry\CSISD Haupt 21223\Phllllps Dev\Dralnage Easement\Easement Agreement for Drainage_CSISD v.2.docx 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 ..... ··------.. __ ,, ____________ _ EXHIBIT A . 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RBCORIBID IN VOWMB '7Sl3, PAOB 90OP1BB omaAL RJBUC ltllCCllD8 (It BIAZOB CXJON'l'Y, mx.u; 'law:R M C2" 14' 1.,. BAl.Gf0°'1BB omlMOM LIMBOPllAID llBMAINDllll OPU ACIB DACi' AND BAIDDMAINDBl.OF IJU6'JMJIBDACT AMDBAB>29.l'ISMJIBDACl"llORADIBTAMCBOPS«l2.'74 l'BBl'10A•DDllNCBOOINllUOSTPOUNDON1BB80U'IBWll8'l'UHBC110U>WllLUICllNIOAD MAUINO'IBBHDRm<Xmall.C11'1BIBBllUINDBICllBllDDACI'; BIADIBD. lllGl8DllUID l'JlOllBIOfW, LAND SUJ.VBYOl.No. am l>'.JWClll'.llWCMDUWt 2 i ... 0 I > ---_ .. - --a a a • .ooi • ·' 'J'1lf.)S JI ·!-• .. 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