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HomeMy WebLinkAboutOrdinance (3) O';dinanceN;.~c,rrH-Af-t..A -A,\ (1U:rt#( of br(2.fM'5 er.) Page J J Pagel2 ()rdinance No. Construction and development activities undertaken after the et'fectivedate of annexation shall cOlnply with all building and fire safety codes of the City of College Station. ()rdinance No. Page J 3 Page l4 Page .l5 I '~ 'ORDINANCE NO. 1964 11 & .",."",.,.,. , ' ",' ANORDINA~'CERE.CEIVING CE.RTAINTERRITORYADJOINING THE CITY LIMITSOFTtIE CITY OF COLLEGE STATION, TEXAS. BElT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,' TEXAS: WHEREAS, the City of College Station has decided to extend the boundaries ()f the City and',annex area adjacent 'to the City lying within the extraterritorial jurisdiction of the City as described by metes and bounds in Exhibit A attached herein 'and incorporated by . reference; WHEREAS,. the City Council. as governing body of the City has conducted two public hearings on May 28',1992, and June 5, 1992, respectively, at which persons interested 'in the' annexation' were 'given, the opportunity to be heard; WHEREAS, these hearings were conducted on or after the 40thdaybutbeforE~ the 20th, day before the ' date' of the institution of the annexation proceedings; WHEREAS, notice of the hearings was published in a newspaper of general circulation and in the area proposed for annexation at least once on oraftertrle 20th day put before the 10th day before the date of eachh~earing; WHEREAS, at the public'hearingsa "Service Plan" that provides for the extellsion of fulllllumcipal services to the area to be annexed,. prepared by the. City Planning Department in accordance with Sec. 43.056 of the Local Government Code, wa.s made av:ailablefor'publicinspection and was, explained to the inhabitants of the area at the public hearings; and WHEREAS, the Service plan is set out in Exhibit Battached hereto is and incorporated herein as part of this ordinance by reference. ,NOW, THEREFORE, in accordance with Article II, Section 7 of the Charter of the City of College Station, Texas, and Sec. 43.02.1 of the Texas Local Government Code, thsCityof College Station City Council by this ordinance receives the aforemen.tioned'territory into ,the incorporated limits of the City of College 'Station, Texas, as. described in Exhibit A. PASSED and APPROVED this 25th day of June, 1992. ATTEST: APPROVED: EXHIBIT A DESCRIPTION OF ANNEXED AREAS AREA ,.,1 HeltlgaU. t,hatcertaintrCl,ct or parcel oflandmorecommonlyknown or referred to as FOXFIREPHASE LSl.lBDIVISlON, \Vhich isdescribed on a plat filed . in Volume 351 Page 435oftheD~~q..RecordsofBr;1ZosCounty, and being more particularly described by metes and bounds as. follows: BE(jINNIN(} at a poip.tintheiIlters8c;ti?IlOf SebestaiRoad and Foxfrre Drive, thence along.SebestaRoad N 450 00' 52" Efor 561.36 fe~t to a point for corner; THENCES440 38' 35" Efor 1643.10 feet to a pOInt for corner; THENCE N 450 03' 20ft E for 1524.22 feet; THENCE S 840 15'29" Efor 186.15 feet; THENCE N 870 44' 561' E for 256.51feet to a point in the ce.1lter of Foxfire Drive; THENCEN57014' 13"E for 235.83 feet; THENCE N59025' 23"Efor146.11 feet; THENGES66020'30"E for 335.07 teet toa point on the northwest right-of-way line of Freneau Drive; THENCEaloIl.g~henorth right-of-way line of Fr ene au N 400 36' 41" E fora distance, of .120.00 feet; THENCE S 450 14'331' Efor<60.00 feet to a point in the southeast right-of-way line of Freneau Drive; THE.NCE N 44045' 27" E for 57 .55 feet; THENCES.450.03' 16"Efor 1301.33 feet ,to a point for corner; THENCES 48005'381' Wfor161.06 feet; THENCE.S070,19' 11."W for 218.71 feet; THENCES. 660 18'2'1"Wfor109.75 feet toa poin.t on the northeast right-of-way line of Frost · Drive; , THENCES440 48' 141lWfQf 60.00 feet across Frost Drive to a point on. the southwest right-of-way line of Frost Drive; - THENCE N 790 56' 54t1W -118.09 feet; THENCES 14002' 13" W -205.03 fe'et; THENCE S 340 35' 41"E.-166.14 feet; THENCES210 41' 24uW-.134.54 feet; Ordinance No. ,.196 4 page 2 THENCE 809022' 35HE-19'1.05 feet; THENCE S. 340 45' 40"W -94.60 feet; THENCE S 80046' 20"W-137 .20 feet; THENCE S. 590 01' 05"W -125.87 feet; THENCES85030'55''W - 118.13 feet for a corner; THENCE N450 05'20"W.,. 1600.46 feet toa point in the eenter ofFoxfire Drive; THENCE along the centerline of Foxfire DriveS 440 50' 01" W for 567. 70 feet; THENCE along a.curvetothe right with a central angle of 450 00' 42" , a radius of 300 feet and. a tangent ,of 124.30 feet; THENCE continuing along the centerline of Foxfire Drive S 890 50' 43" W 252.85 feet; THENCE along a curve to the leftwith a central angle 450 00' 42" , radius 401.17 feet and tangent 166.21 feet; THENCES440 50' 01" W a distance of 85.00 feet; THENCE along a curve to the right with central angle 900 06' .58" with a radius of 299~9.6 feet and tangent of 300.57 feet; THENCE continuing along the centerlineot.Foxfire DriveN 45003'01" W a distance of 1728.11 feet to the POINTOFBE}GINNINGand.containing 108.02 acres, IIlOre orJess, taken from a plat filed in Volume 351 Page 435 of the Deed Records of Brazos County. AREA 2 Being allthatc~rtain.tractorparceloflandmore.commonly.knownor referred to as FOXFIREl?I-IASE 2 SJIBJ)IVISI 0 N, whi<:~h is described on a plat filed in Volume 358l?age 291 of th.r Deedl{~Gords of Brazos County, and being more particularly , described by metes and bounds as follows: BEGINNING atapoin~ irltJIe intersedionofSebesta Road and Foxfrre Drive, THENCE along the centerline ofFoxfirepriveS 450 03'01" Ea distance of 1728.11 feet; Continuingalongtb.e c~nterline. of FoxfireDrivealong a. curve to the left with central angleof900 06' 581' , a radius of 299.96 feet and a tangent of 300.57 feet; THENCE N440 50' 01"Eadistance of 85.00 feet; THENCE along a curveto the right witb.a eentral angle of 450 00' 42" with a radius of401.17 feet and a tangent of 166.21 feet; THENCE N890 50' 43" E a distance of 252.85 feet; Ordinance No. 196 4 page 3 Continuing aIcmga curve to the left with. a central angle of <1Qo .o.of 42" , a radius of 300.00 feet and a tangent 'of 124.30'feet; THENCEN440 SO'OI" E a distance of 567.70 feet to a corner; THENCE S 450 05' 20u E a distance of 2244.58 feet to a corner; THENCES 430 18' 28" W a distance of 1142.54 feet to a corner; THENCE N 450 00'14" W a distance of 2274.24 feet to a corner; THENCE S 440 56' '17" W a distance of 998.94 feet to a corner; THENCEN44058f08"Wa distance of 241:3.92 feet to a point within the right-of- way of Sebesta Road; THENCE N 45003' 2'1"E a distance of 505.56 feet to the POINT OF BEGINNING and contaiping94.25.a~:res, more orless, taken from a plat filedin Volume 358 Page 291 of the Deed Records of .Brazos County. '- AREA,3 B~ing allthat certaintI"actorparcelof landm.ore commonJykpownor referred to as fq>XFIREPHASE.III.SUBDIVISION, whichis described on a pl(it fih;~d in Volume 11:77 Page 783 of the Deecl.Records of Brazos County, and being more particularly described by' mete.s and bounds as follows:- BEGINNING at.apoil1tatthe mostnortheastedy corner of Block 4 Lot 2 Foxfire Phase I, THENCE 845003' 16" E a distance of 858.52 feet to a corner; THENGE S 4.50 13'3911 W a distance of582.88 feet to a point OIl the northeast right- of-way line of Frost Drive; , 'l'HENCE S 440 Ol'29"W 6.0.00 feet to a point in the southwestright,..of-way line of Frost Drive; THENCE S 45058'.31" E 59.23 feet alongthesouthwest.right-of-way line of Frost Drive to a corner; rrHENGE from.. aJ>oiIlton the southwesttight-of-way line of Frost . Drive S 430 18' 28ft' W a distance of 779.11 feet to a. corner; THENCE N 45005' 20"W a distance of 644.12 feet to a corner; THENCE"N 8SoS0'55"Ea distance of 118.13 feet; THENCE N 590 01' 05"Ea distance of 125.87 feet; THENCEN800 46l20"Eadistance of 137.20 feet; THENCE N 34045' 40"E a distance of 94.60 feet; , THENCE N 09022'35" Wa distance of 191.05 feet; THENCEN 21041'24" E<adistance of 134.54 feet; Ordinance 'No. 1964 page 4 THENCE N 340 35' 41 H W a distance of 166.14 feet; THENCEN 14002' 14"Ea distance of 205.03 feet; THENCE S 79056'54''Eadistance of 118.09 feet to a point on the southwest right- of-way line of Frost Drive. THENCE N 440 48' 14"Ea distance of 60.00 feet (crossing Frost Drive) to a p~oint on the_northeast right-of-way line of Frost Drive. THENCE N 660 18' 27ft Ea distance of 109.75 feet; THENCE N07019' lInE a distance of 218.71 feet; THENCE N 480 05138tt E a distance of 161.07 feet to the POINT OF BEGIN~lING and containing 22.59 acres of land, more or less [21.5 acres plus the right-of-way of Frost Drive], taken from a plat filed in Volume 477 ,Page 783 ofthe,Deed,Rec()rds of Brazos CountYe AREA 4 Being all that certain tractor parcel of land more commonly known or referred to as FOXFIRE PHASE IV SUBDIVISION, which is described on a plat filed inV'olume 717 Page 765,oftheDeedRecords of Brazos County, and being more particula.rly described by metes and bounds as, follows: Being all that certain tract. or parcel of land, lying'and being situated in the , , ' THOMAS CARUTHERS LEAGUE, in Brazos County, Texas, and beingall.of that 49.099acr~ tract, of 1 and conveyed to FOXFIRELimited#l by John F. Higgins, et al by deed recordedinVolulI1e 580, Page 244 of the Deed Records of Brazos County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING: at an iron rod found marking the most northerly corner of Lot ,2, Block Four ofFOXFIREPh.ase las recorded in Volume 351, Page4350ftheI)eed Records, said iron rod also being in the southeast right-of-way line of FaulknE~r Drive; THENCE: N45003' 16" Wacrosssaid Faulkner Drive for a distance of 100.00 feet , to an iron rod found "at the most easterly corner ofLat 5"Block Fiv,e of said FOXFIREPhase 1, said iron rodalsomarlringthemost southerly corner of the John Chylinskil.OOacretract as recorded in Volume 475, Page 473 of the Deed Records; THENCE:N 44044'47" Ealong the said Chylinski tract and another 1.00 ac:re tract conveyed to JohnChylinskiasrecordedinVolume 475, Page 477 for a distance of'396..50feetto an iron rod for corner; THENCE': N-45003'16'' W for a distance of219.73 feet to an iron rod at the Inost riortherlycorner of the said Chylinski tract (Volume 475, Page 477); THENCE: 844044' 47',' W fora distance of 396.50 feet to an iron rod at the most westerly corner of the aforesaid,Chylinski tractCYolume475, Page 473); THENCE: N450 03'1'6" W along the north~ast line of the said FOXFIRE Phase I for 'a distance of 769.85 feet to an iron rods.et at a fence corner for corner, saicl iron O~dinance No. ,19 6 4 page 5 ' rod also being the most westerly corner of this tract; THENCE: N 45Qc21' 21" Ealong said northeast line for a distance of 688.58 feet to an iron rod set for corner; - THENCE: 8360 48' 32"g parallel to and 110.00 feet southwest of the centerline of the Gulf8tates Utilities Company easement recorded inVolume 130, page 172 of the Deed Records for a distance of 3439.77 feet to an iron rod set for corner; THENCE: alongthecenterUne ofa guHyfor the following calls: 8660 041.25" WfoJ:". a distan~e{)f163.84 feet; 8300 55'40" Wforadistance Qf 80.03 feet; 8310 45'22" W for .a distance of 61.67 feet 8 030 22'56"Wfor a dista.n.ceoflQ6.13 feet; S400 18'05" Wfor a distance of413.65 feet to an iron rod set in~the northeast line ofa.40'wide roadway described in Volume 188, Page 450 of the Deed Records; THENCE: N4505p131HWalong said roadway for a distance of' 1331.28 feet to a 1/2 inch iron rod found at a fence corner for corner; THENCE: N45020'121l E along the southea.st line ofFOXFIRE Phase III as recorded in Volume 477,.Page-783 fora distance of607.21 feet to an iron rod found at a fence corner; THENCE:N45Qc03'16"Walongthe northeast line of said FOXFIREPhase III for a distance of880~90f~ettoan iron rodfound for corn.er,said ironrod also being at the. rn.ost southerly. cor:n..er ofa1.00 acre Cynthia Ruth . Jackson tract as. described in Volume 424, Page 133 of the Deed Records; THENCE:N.440441 47"Efllongthesoutheast line of said Jackson tract for a distance of 229.30 feet to. an iron r.od for. corner; THENCE: N 450 03' 16HWfor a distance of190.00 feet to an iron rod at the most northerly corner of the said Jackson tract; THENCE :..8 44,044' 47". Walong thenorthwe$tline of the Jackson tract for a distance. of229.30 feet to the POINT OF BE (j.INNI NG and containing 49.099 acres of land, more or les~, accordiIlg tOR surveymadeunde~thesupervision of Michael R. McClure, Registered public 8urveyorNo. ~859, in Febr;uary, 1984" as recorded on a plat filed in Volume 717 rage 765 of the Deed Records of Brazos County. AREA 5 Being part of a parcel of land more commonly referred to as Frost Drive, and abutting tile portion of the. right-of-way of the same . street,. which.is included in Foxfire Phase IV subdivision, and more particularly described by metes and hounds as follows: ' ' , Beginning at the most southerly corner of Lot 5, Block 15, Foxfire Phase IV, located in the Thomas CarutherLeagueA-9, BrazosCounty,Texas; ThenceS40018'05HW' for R distance of21.11 feet to the point of he ginning; ThenceN450 55'31'1 Wfora distance of 1,331.28 feet; Ordinance No. 1964 page 6 Thence S 4400412911 Wfor a distance of 35.67 feet; Thence S 450 47'12HE for a distance of 1,331.28 feet; Thence N 440 04' 29" E for a distance ;of 38.89 feet to the point of beginnillg and containing 1.1394 acres of land more or less. AREA 6 Being all that certain tract or parcel of land more commonly known orreferretd to as the ,HENRY TRACT, which ,is described by deed , recorded in Volume 754 Page 331 of the Official Records of Brazos County, and being more particularly described as follows: Metes and Bounds description of all 'that certain 5.87 ,acre tract 'or parcel of land, lying and being situated in the THOMAS CARUTHERS LEAGUE, Abstract No.9, Brazos County, Texas, and being a portion out of that same called 76.47 'acre tract conveyed from Anna Jean Kirk, et vir, to w.e. Lipsey, Trustee, as described b,y deed recorded in Volume 754, Page 331 of the Official Records of Brazos County, TE~xas, and said 5.87 acre tract being more particularly described as follows: COMMENCING at a 112" iron rod found at the base of a fencepost, said iron ]lod marking the east corner of said 76.47 acre tract, and being the intersection of the, southwest,lin.eofFrost Drive'andthe northwest'line of Bird Pond. Road, as currently, fenced. ' THENCE: N 45007tOOnW - 819.49 feet with the line of Frost Drive to a 1/2" iron rod set fo.rthePLACE OF BEGINNING. THENCE: 844053' oon W - 648.15 feet across said called 76.47 acre tract to ;a 1/2" iron rod set for reference monument. THENCE: 8 440 53' 00" W -50.00 feet to a point for corner in the centerline ()f a creek; THENCE: N 11002' 22" W -89.13 feet with said creek centerline to a point for angle point. ' THENCE: with ,said creek ceIiterline for the following calls: N 000 03' 05H E -212.19 feet N 24016' 59uW- 220.53 feet N 310 17' 20" E -277.57 feet THENCE: N 030 02' 02"W -80 84 feet with said centerline to a point for corrler. THENCE:N44053' Oon E -50.00 feet to a 1/2" iron rod set for reference monument 0 THENCE:N 440 53'OO"E - 45.32 feet to a 1/2" iron rod set for corner in the ~outhwest right..of-way line of Frost Drive. A 1/211 iron rod set for corner in the north corner of said called 76.47 acre tract bears N 450 07"00" W -322.95 feet. THENCE:.S 45007' 00" E-554.78 feet with said line to the PLACE OF Ordinance No. 1964 page 7 ' BEGINNING, and containing 5.87 acres of land, more or less. AREA 7 Being all that certain tract or parcel of land more commonly known or referred to as the WALTMAN TRACT, which is described in a deed recorded in Volume 916 Page 357 of the, Official Records of Brazos ,County, and being more particularly described by metes and bounds as follows: Field notes ora 9.38 acretract or parcel of land lying and being situated in the Morgan Rector Survey, Abstract No. 46, Brazos County, Texas, and being part of the 72.19 acre tract described in the deed from A.L. Salley to McHayden Dillard and wife, Barbara Dillard as recorded in Volume 916, Page 357 ,of the Official Records of Brazos County, Texas, all of the 1.24. acre tract (home-site). described in the correction deed from A. L. Salley to McHayden.Dillard and wife, Barbara Dillard as recorded in Volume 915 Page 59, of tIle QfficialRecords of Brazos County, Texas, part of the 1.04 acre tract (60' access} described in the deed from A.L. Salley to McHayden Dillard and wife, Barbara Dillard as recorded in Volume 904, Page. 421, of the Official Records of Brazos County, Texas and .being more particularly . . described 'as follows: COMMENCING at the 1/211 iron rod found at 8" cedar post fence corner marking the west corner of the beforementioned72.19 acre tract, same being the north corner of the C. William Hedderman II 8.40 acre tract described in Volume 704, Page ~~97 of the Official Records of Brazos County, Texas; THENCE:S 36034' 47HE'withthe southwest line of the 72.19 acre tract for a distance of 394.34 feet to the PLACE OF BEGINNING. THENCE:N 440 52'08'fE-acr,oss the 72.19 acre tra.ctfora distance of 949.E>1 feet for the northmost corner of this description; . THENCE: . S .390 09' 08" E, pass at 251.05 feet the north corner of the 1.24 acre tract, continue on for ato~aldistanceof381.21feet for the east corner of this description at the east corner of said 1.24 acre tract; THENCE: S 44052' 08" Walong the southeast line of the beforementioned 1.24 ' acre tract, at a distance of 966.00 feet pass a 112ft iron rod found marking the south corner of the said 1.24 acre tract, continue on for a total distapceof 969'.93 feet to a 1/2" iron rod set ,at the intersection of the projection of th.esoutheast line of tIle said 1.24 acre tract with the projection of the northeast line of the Foxfire - Phase IV according to the plat recorded in Volume 717 ,Page 7 66, of the Deed Records of Brazos County, Texas; THENCE:S 36048' 35" Ealong the projection of the northeast line of the Foxfire - Phase IV for a distance bf5.91 feet toa 1/2'1 iron rod set at the north corner of said --' Foxfire - Phase IV; THENCE:S450 21~18"W along the northwest line of the beforementionedFoxfire - Phase IV for a distance of 688.58 feet to a 1/2 iron rod found marking the west corner of FoxfirePhase I a.ccording to the plat recorded in Voluffi,e 351, Page 435 A, of the peed Records of Brazos County, Texas; THENCE: S 440 14' 171iW along the northwest line of Lot 1, Block 5, Foxfire - Phase I for a distance of 56.65 feet (57.55 call) to a 1/2" iron rod found at 4 n creosote Ordinance No. 196 4 page ,8 post fence corner marking the, east corner of Freneau Drive ( 60' right-of-way); THENCE: N45021' 41" Wa10ngthe northeast line of Freneau Drive for a distance of 60.11 feet to al!2H iron. rod found at 4". creosote post fence corner; THENCE:.N 44014'J7"EparaUel with and 60.111 feet northwest of the northwest line of the beforementionedLot 1, Block.5, Foxfire - Phase I, fora distanee of 51.52 feet to a 1/21t iron rod set; THENCE: N45021'lS"E parallel with and 60.00. feet northwest of the nortrlwest line of Foxfire Phase IV adjacent. to a fencefor.,a distance of 705.96 fe.et to a 1/2", iron rod found, at cross-tie fence corner m ark in.g the east corner of the beforementi1oned 8..40 acre tract; THENCE: N SEW 341 47HW alcmgthe co~monHnebetween.the beforementioned 72.19apretractandlhe8AOacretract,..acl.jacent to a fence, for a distance .of 328.74 feet to the PLACE OF BEGINNING, containing 9.38 acres of land more or less. AREA8A Being all that certain tract or parcel of land. more commonly known'or referred to as the CHWLINSKI .TAAC1.' ,\Vhich. is describedonWarraI1ty. Deed filed in. Volume 475 Page 474 of the Deed ,Records of Brazos County, and being more .particularly described. by metes and b.oun,ds.asfollows: BEIN~ a tractor Parcel of I and lying and being situated in the Thomas Caruthers League, Abstract No. 9, Braz.os County, Texas,. and being part of theJ. M. Higgins Estate and beingm.oreparticularly described as . follows: Tract No. .1 -J3egin.ning at an iron rod in the southwest boundary lin.e of the above described tract, same being the .most easterly corner of Lot 5, Block 5, Foxfire Addition, DR 351/435; ,..' ,; .,' THENCE N450 03"16"Walongsaid Lot 5, for a distance of 219.73 feet to an iron rod for corner; THENCEN44044'47"Ewithin said Higgins tractqfor a distance of 198.25 feet to an iron rod for corner; THENCES45003'16"E parallel to said Lot 5, fora distance of 219.73 feet tCl an iron rod for corner; THENCES..440 44'47".W.for"a distance of198.25'feettothe POINT OF BEGINNING, conFaining1.00 are of land more or less. AREA8B -- B,eingatractorparc~loflandlying and being situated in the Thomas Caruthers League" Abstract No. 9, Brazos County, Texas, more commonly known or referred to as the CHYLINSKI TRACT,. and being-part of the J.. M.Higgins Estate which is described.on a Warranty Deed and being more particul~lydescribeda8 f0110\v8: 'rractN 0.1 - . Commencing at an iron rod inth.esouthwest boundary '1ine.'of the above described. tract, same being the most easterly corner of Lot 5, Block 5, F'oxfire Addition, DR 351/435; Ordinance No. 1964 page 9 TH~NCEN 440 44' 47t1E 198.25 feet along the northwest right-of-way line of Faulkner Drive to an iron rod for the PLACE OF BEGINNING; THENCE N 45003t 16'1 W 219.73 feet to an iron. rod for corner; THENCEN440 44'47" E 19.8.25 feet to an iron rod for corner; THENCE S 45003'16" E 219.73 feet to an iron rod for corner; THENCE S44044'471t W 198.25 feet to the PLACE OF BEGINNING, and containing 1.00 acre of land, more or less. AREA 9: Being all that certain tract or parcel ofjandmore commonly known or~referre(l to as the PEARCE TRACT, same parcel being a 1.00 acre tract or parcel of land lyirlg and being situated in the Thomas Caruthers League, Abstract No. 9, BrazoB County, Texas, and being part of the, J. A., Higgins Estate, and being more ,particularly described in A Warranty Deed filed in Volume 424 Page 133 of the Deed Records of Brazos County as follows: BEGINNING at' an iron rod in the Southwest boundary line, of the above described Higgins tract, same being the most 'northerly 'corner of.Lot 2 Block 4 Foxfire Addition, Dr. 351/435; . THENCE. N 440 44' 47't E, within said Higgins tract, ,for a distance of 229.3 feet to an iron rod for corner; THENCES 450 03'16" E, parallel to Lot 2, for a distance of 190 feet to an iron rod for corner; THENCE S 44044' 47." W for a distance of 229.3 feet to an iron rod for corner in the ' northeast ,1ineofsaidL'ot 2; THENCE N45003'16't Walongsaid Lot 2, for a distance of 190 feet to the PC)INT OF BEGINNING, containing 1.00 acre of land, more orless Ordinance No. ' 19 64 page 10- ~ .,-~ ., ORDINANCE NO.1964 AN ,ORDINANCE RECEIVING ,CERTAIN TERRITORY ADJOINING THE CITY LIMITS OF THE CITY OF COLLEGE STATION, TEXAS. BElT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: WHEREAS, the City of College Station has decided to extend the boundaries of the City ,and annex"areaadjacent.to the 'City lying'within the extraterritorial. jurisdiction of the City as described by metes and bounds in Exhibit A attached herein and incorporated by reference; WHEREAS, the City Council as governing body of the City has conducted two public hearings on May 28, 1992, and June 5, 1992, respectively, at which persons interested intheannexation~ were given. the opportunity to be heard; WHEREAS, these hearings were conducted on or after the 40th day butbeforE~ the 20th day before the .date of the institution of the annexation, proceedings; WHEREAS, notice of the hearings was published in a newspaper of general circulation and in the area proposed for. annexation at least once on or after th~e 20th day but before the 10th day before the date of each hearing; WHEREAS, at the public hearings a "Service Planll that provides for the extension of full lIlunicip al services to the area to be annexed, prepared by the City Planning Department in accordance with Sec. .43.056.ofthe Local Government Code, was made,available for public inspection. and was explained,to the inhabitants oftJb.e area at the public hearings; and WHEREAS, the Service plan is set out inExhibitB attached hereto is and incorporated herein as part of this ordinance by reference. NOW, THEREFORE, in accordance with Article II, Section 7 of the Charter of the City of College Station, Texas, and See.. 43.021, of the Texas Local Government Code, the City of College Station City Council by this ordinance receives the aforementioned'territory into the incorporated limits, of the City of College St~ltion, Texas, as described in, Exhibit A. ' - PASSED and APPROVED this 25th day of June, 1992. ATTEST: APPROVED: MAYOR .. '\ ~ EXHIBIT A DESCRIPTION OF ANNEXED AREAS AREAl Hemg alLthat certaintract or parcel of land more commonly known or referred to as FOXFIRE PHASE I S'UBDlVISION, whichis described on a plat filed in Volume 351 Page .435 of the Deed Reeords of Brazos County, and being more particularly described by metes and bounds as follows: BEGINNING ata point inthe intersection of Sebesta Road and Foxflre Drive, thence along Sebesta Road N 450 00' 52" E for 561.36 feet to a point for corner; THENCES 44038' 35u E for 1643.10 feet to a point for corner; THENCE N45003' 20" Efor. +.524.22 feet; THENCE S840 15'29" Efor 186.15 feet; THENCE N 870 44'56"E for 256.51 feet toa point in the center of Foxfire Drive; THENCE N570 14' 13'~E for 235.83 feet; THENCE N 590 25'23"Efor 146.11 feet; THENCE S 660 .20' 30" E for 335.07 feet to a point on the ~orthwest right-of-way line of Freneau' Drive; THENCE along the north right-of..way line of Fr ene au N.400 36' 41" E for a distance of 120.00 feet; THENCE S 450 .14'33" E for 60.00 feet to a point in the southeast right-of-way line of FreneauDrive; THENCEN 440 45'27tlEfor57.55 feet; THENCE S 450 03' 16"E for 1301.33 feet to a point for corner; THENCE S 480 05' 38uW for 161.'06 feet; THENCE 807019'11" Wfor 218.71 feet; THENCES 660 18' 27" W for 109.75 feet to apoint on the northeast right-of-way line of Frost Drive; THENCES 440 48' 14" Wfor 60.00 feet across Frost Drive to a point on the southwest right-of-way line of Frost Drive; \' 'THENCE N79056' 54"W--118.09 feet; THENCES 14002' 13"W - 205.03 feet; THENCES 340 35'41" E-166.14 feet; THENCES210 41'24" W -134.54feet; Ordinance No. 1964 page 2 " ..., THENCE SOgO 22' 35ttE - 191.05 feet; THENCE S '34045' 40"W- 94.60 feet; THENCE S 800 46'20" W-137.20 feet; THENCE 8590 01'05" W- 125.87 feet; THENCE 8850S0'55"W -118.13 feet for a corner; THENCE N 45005' 20" W - 1600.46 feet to a point in the center of Foxfire Driv"e; THENCE along the centerline of Foxfire Drive 8440 50' 01" Wfor 567.70 feet; THENCE along a curve to the right with a central angle of 450 00. 4211 , a radius of 300 feet and a tangent of 124.30 feet; THENCE continuing along the centerline of Foxfire Drive S 89050' 43" W 252.85 feet; THENCE alonga curv.eto the left with a central angle 45000.4211 , radius 401.17 feet and tangent 166.21 feet; THENCE S 44050' 01" Wa distance of 85.00 feet; THENCE along a curve to the right with central angle 900 06. 5811 with a radius of 299.96 feet and tangent of 300.57 feet; THENCE continuing along the centerline of Foxflre Drive N 450 03' 01"W a distance of 1728.11 feet to the POINT OF BEGINNING and containing 1 08. O~~ acres, more or less, taken from a plat flIed in Volume 351 Page 435 of the Deed Records, of Brazos 'County. AREA 2 Being all that certain. tract or parcel of land more commonly known or referred to as FOXFIRE pHASE 2 SUBDIVISION, which is described on a plat flIed in Volume 358 Page 291 of the Deed. Records of Braz os County, and being more particularly described by metes and bounds as follows: BEGINNING at a point in the intersection of Sebesta Road and FoxflreDrive, THENCE along the centerline of Foxfire Drive 8450 03' OlliE a distance of 1~728.11 feet; Continuing along the centerline of FoxfireDrive along a curve to the left with central angleof900i06'58" , a radius of 299.96 feet and a tangent of 300.57 feet.; THENCE N 440 50'01" E a distance of 85.00 feet; THENCE along a curve to the right with a eentralangle of 45000' 42" with a, radius of401.17 feet and a tangent of 166.21 feet; THENCE N 89050'43 n, Ea distance of 252.85 feet; Ordinance No. 1964 page 3 ~ , Continuing alonga curve to the lefiwith a central angle of45o 00' 42" , a radius of 300.00 feet and a tangent of 124.30 feet; THENCEN44050'Olu Eadistanceof567.70feet toa corner; THENCE 8450 05'20" 'Eadistance of 2244.58 feet to a corner; THENCE 8 430 18' 28t1Wa distance of 1142.54 feet to a corner; THENCEN45000'14'' W a distance of 2274.24 feet to a corner; THENCE' 8 440 561 17"Wa distance of ,998.94 feet to a corner; THENCEN44058'08"Wa distance of 2413.92 feet toa point within the right-of- way.of8ebestaR()ad; THENCEN 450031 27" E a distance of 505.56 feet to the POINT OF BEGINNING and containing 94.25 acres,.:moreor less, taken from a plat filed in Volume 358 Page. 291 of the Deed Records of Brazos County. .AREA 3 BeirigaUthat certain tract or parcel of land more commonly known or referred to as FPiXFIRERH.A.SEIIlStrBDIVISION, whichis described ona plat filed in Volume 4'17Pa.ge 783. of the Deed Records of Brazos County, and being more particularly described by metes and bounds as follows: BEGINNING at a point at the most northeasterly c.ornerof Block 4 Lot 2 Foxfire Phase 1, THENCE 8,45003"'16" ,E' a,distanceof,858.52'feetto a corner; THENCE S 450 '13'39ltW a distance of 582.88 feet to a point on the northeast right- of-way line of Frost Drive; THENCES44001'29"W60.00feettoapointin the southwest right-of-way line.of Frost Drive; THENCE S 450581 31"E59.23feet along the southwest right~of-way line of Frost Drive to a corner; 'l'HENCE from. a point on the southwest right-of-way line of Frost Drive S 430 18' 2,8" W a distanceof779~11feettoacorner; THENCE N45005'20n,W a distance of 644.12 feet to a corner; THE.NCE N85030'55''Eadistance of 11.8.13 feet; THENCE N59001' 05"E a.distance of125.87fe~t; THENCEN80046' ,20" Eadistance of 137.20 feet; THENCE N340 45'" 40'" E, a distance of 94.60 'feet; THENCE N090 22'35"Wadistance of 191.05 feet; page 4 THENCE N 340 35' 41" W a distance of 166.14 feet; THENCE N140 02'14" Ea distance of 20.5.03 feet; THENCE S 790 56' 54" E a distance of 118.09 feet to a point on the southwest right- of-way ,line of Frost ,'Drive. THENCEN440 48'14"E a distance of 60.00 feet (crossing Frost Drive) to a point on' the ,.northeastright-of-way 'line, of Frost ,'Drive. THENCEN 66018'27" E a distance of 109.75 feet; THENCE N07019' 11" E a distance.of218.71 feet; THENCE N 480 05' 38" E a distance of 161.07 feet to the POINT OF BEGINNrING and:containing22.59 acres ofland," more, or less [21.5acresplustheright-of-\\ray of Frostl)rive], . taken from a platfiled< in Volume 477 Page 783 of the Deed Reco~rds of Brazos County. MeA' 4 aei~gaU.that certain tract. or parcel of land more commonly known or referred to as R~~IRE PHASE IV SUBDIVISION, whichis described on a plat filed in Volume 7i~7JPage,,765 of the Deed Record.s of Brazos County, and being more particularly descri.qedby metes and bounds as follows: Being-all that' certailltractorparcelof land, lying 'and being situated. in the 'lTH()l'.4AS CARU'l'HERSLEAGUE, in Brazos County, 'l'exas, and being all of that 49.099 acre tract ofland>conveyed to FOXFIRE Limited #1 by John F. Higgins, et al by~~e~ recorded in Volume 580, Page 244 of the Deed Records of Brazos County, Texas,. . and being more particularly described by' metes and bounds as follows: BE(}JNNING:atan iron rod found marking the most northerly corner of Lot ~~, Blopk,Four of FOXFIRE. Phase I as recorded in Volume 351, Page 435 of the Deed Re~:ords,said iron rod also being ,in the. southeast right-of~way,.lineofFaulkner Drive; THENCE: N45003' 16" W across said Faulkner Drive for a distance of 100.010 feet to ',an. iron rod found at the most 'easterly corner of Lot '5, Block Five "of said FOXFIRE Phase I, said iron rod also marking the most southerly corner of thE~ John Chylinski '1. 00 acre tract as recorded in Volume' 475, Page 473, of the Deed Reeords; THENCE:N44044'47uE along thesaidChylinski tract and another 1.00 acre tractconveyedtoJohnChylinski as recorded in Volume 475, Page 477 for a distance of 396.50 feet to an iron rod for corner; THENCE:N45003'16u Wfor a distanceof219.73 feet to an iron rod at the nlost northerly corner of the said 9hyli n ski tract {Volume 475, Page'477); THENCE: S 440 44' 47 tf W for a distance of 396.50 feet to an iron rod at the mLost wes:terly corneroftheaforesaidChylinskitract (Volume 475, Page 473); 'l'HENCE: N 450 03' 16" W along the nort1i~ast line of the said FOXFIRE Phase I for a distance of 769.85 feet to an iron rod set at a fence corner for 'corner, said iron Otdinance N o~ 1964 page' 5 rod also being the most',westerly corner of this, tract; THENCE: N 45021' 21" E along said northeast line for a distance of 688.58 feE~t to an iron rod set for corner; THENCE:. 8360 48'>3211 E parallel to and 110.00 feet southwest of the centerline of the Gulf States UtilitiesCompany easement recorded inVolume 130, page 172 of the Deed,Recordsfor a distance of 3439.77 feet to an iron rodsetfor'corner; THENCE: ,along the centerline ofagullyfGr the following calls: 8660'04' 25"Wfor a.distance..of163J84 feet; S 300 55' 40"Wfor a distance of 8q.Q3,feet; S 310 45' 22" Wfor a distance of 6~.~7. feet 8 030 22' 56" W. for a distan;ce of 1~6f1,3 feet; 8 400 18' 05" Wfor a distance of 4.~3j95 feet to an iron rod set in the north~ast line of a 40'wide roadway de~pribed in Volume 188, Page 450 of the Deed Records; , THENCE: N45055' 31" W along said roadway for a distance of 1331.28 feet to a 1/2 inch iron rod .found ata fence corner for corner; THENcE: N450 20' 12" Ealong the southeast line of FOXFIRE Phase III as recorq~d in Volume 477, Page 783.for a distance of 607.21 feet to an iron rod found at,a'fence corner; THENyE: N 450 03'16tl W alongthe northeast line of said FOXFIRE Phase HI for a distance of880.90 feet to an iron rod found for corner, saidironrod also being at themo~t southerly cOJ.'"ner()fa 1.00 acre Cynthia Ruth Jackson tract as described in Volum.e 424, Page 133 of the Deed Records; THENCE: N .440 44'47" E along the southeast line of said Jackson tract for a distance of 229.30 feet to an iron rod for corner; THENCE: N450 03'16"W for a distance of 190.00 feet to an iron rod at the lTlOst northerly corner of the said Jackson tract; THENCE: 8440 44' 47" W along the northwest line of the Jackson. tract for a distance of 229.30 feet to the POINT OF BEGINNING and containing 49.099 acres of land" more or less, according to a survey made under the supervision of Michael R. McClure, .Registered Public Surveyor No. 2859, in February, 1984, as recorded on a plat filed in Volume 717 Page 765 of the Deed Records of Brazos County. AREA ,5 ' Being part of a parcel of land more commmlly referred to as Frost Drive, . and abuttiltg the portion of the right-of-way of the same street, which is included in Foxfire Phase IV subdivision, and more particularly described by metes and bounds as follows: Beginning at. the most southerly corner of Lot 5, Block 15, Foxfire Phase IV, located in theThomasCaruther'League A-9, Brazos County, Texas; TllenceS 40018'05" Wfor a distanceof21.11 feet to the point of beginning; Thence N 45055' 31" W fora distance of 1,331.28 feet; Ordinance No. 1964 page 6 Thence 8440 04'29ltW for a distance of 35.67 feet; Thence 8450 47' 12" Efor,adistance of 1,331.28 feet; ThenceN 44004' 29uEforadistanceof38.89 feet to the point of beginniIlgand containing 1.1394 acres of land more or less. AREA 6 Being all. that. certain tract or parcel of land more commonly known Of referred to as the HENRY TRACT, which is describedbyde.edrecord.ed in Volume 754 Page 331 ofth.eOfficialRecords of Brazos County, and being more particularly describec:l as follows: Metes and Bounds description of all that certain 5. 87 acre tract or parcelofland, lying and being situated in the THOMAS CARUTHERS LEAGUE, Abstract No.9, Brazos County, Texas, and being a portion out of that same called 76.4721cre tract cO:rlveyed frornArlna Jean Kirk,etvir,.toW.C.Lipsey, Trustee, . as descriqydby deed recorded in Volume 754,. Page 331 of the (Jfficial.Recordsof Brazos CouI1ty,Texas, and said 5.87 acre tract being more partiqularly described as follows: ' COMMENCING at a 1/2" ironrod fouJJ.d at the base of a fence post, said iron rod marking the east corner of. said 76.47.ac:retract, and being the intersection of the southwest line of Frost Drive and the northwest line of Bird Pond Road, as currently fenced. THENCE: N 45007'00ltW- 819.49 feet with the line of Frost Drive to al/2tt iron rod set for the PLACE OF BEGINNING. THENCE: 844053'00" W - 648.15 feet across said called 76.47 acre tract to ~l 1/2" iron,rod set for' reference monument. THENCE: 8 440 53'00nw- 50.00 feet to a point for corner inthe'centerline of a creek; THENCE: N11002'22"W - 89.13 "feet with said creek,centerline to a point for angle point. THENCE: with said creek centerline for the following calls: N 000 03'05ttE-212.19feet N 240 '16' 59ltW-220.53 feet N 31017' 20" E - 277.57 feet THENCE: ,,N','03002' 02"W -,80,84 feet with said centerline 'to a point for,corn,er. THENCE:N44053'00" E -50.00 feet to a.1/2" iron rod set for reference monument. THENCE:N 44053' OOnE -45.32 feet to a 1/2" iron rod set for corner in the southwestright~of-waylineofFrostDrive. ,,"A 1/2" 'ironrod.set for corner in, thf3 north corner of said called 76.47 acretractbearsN 45007' 00" W-322.95 feet. / THENCE:S45007' OO"E- 554.78 feet with said line to the PLACE OF page 7 r -. BEGINNING, and containing 5.87 acres of land, more or less. AREA ,'1 Being all that certain tract or parceLof land more commonly known or referred to as the WALTMAN' TRACT, which is describedin a deed recorded in Volume. 916 Page 357 of the Official.' Records of Brazos County, and being more particularly described by metes and bounds as follows: Field notes of a 9.38 acre tract or parcel ofland lying andbeing situated in the Morgan Rector. Survey, Abstract.No..46, Brazos County, Texas, and being part of the. 72.19 acre tract described in the deed from A.L. . Salley to McHayden. Dillard and wife,. ~arbara .Dillard as recorded in V()lulIle916, . Page. 357,. of the Official Records ofBr~zosCounty, Texas, all of the 1.24acI"E~tract(home~site) describedin thel cOrrection.deedfrom A..L. Salley to.4vfcHayden Dilbard and.wife, .Barbara Dillard as recorq~d in Volume 91.5 Page_59, oftheOfiicialRecordsof Brazo$County, Texas, ~art g~~he 1. 04acr~ tract (60'..acces$) desCl"~ped in the. deed from A1L.. Salley to :M:ca;~jYqeIl Dilhu'qand wife, B;arb;ara DillElJ!d as recorded in Volume 904, Page 421, o~th~[()fficial Records of Brazos County, 'TIexas and being more particularly . des,cribed,as'follows: G()~NCING atthe 1/21' iron rod found at 8" cedar post fence corner marking the We~t~orller of the beforementioned 72.19. acre tract, . same being the north corner of tlr1e:G~:WiUiamHeddermanJ18.40 acre tract described in Volume 704, Page 397 of the, o [ffi.cial Records of Brazos ,County, 'Texas; 'DHEfNiOE: . S 360 34' 47";mwith. the southwest line of the 72.19 acre tract for a distance of 394.34 feet 'to the PLACE OF BEGINNING. THENOE:N44o.52'08"E -across the 72.19 acre tract for a distance of 949.61 feet forth~,northmost 'corner of this description; THENCE: S 390 09' 08" E, pass at 251.05 feet the northcorner of the 1.24 acre tract, continue on for. a total distance of 381.21 feet.for the east corner of this description 'at the east corner of said 1.24 acre tract; THENCE: S440 52' 08" W along the southeast line of the beforementioned 1.24 acre tract, at a d.istanceof 966.00 feet pass a 1/2" iron rod found marking the south corner of the said 1.24 acre tract, continue on for a total distance of 969.93 feet to a 1/2" ir~n rod set at the intersection of the projection of the southeast line of the said 1.24 a~re tract with the projection of the northeast lin~of the Foxme - Phase IV acc or dtng to the plat recorded in Volume 717, Page 766, of the Deed Records of Brazos County, Texas; THEN'OE: S36048'35"E alongtheprojection ofth~ northeast line of the Foxfire- Phase IV for a distance of5~91feet toa 1/2" iron rod set at the north corner of said Foxfire - Phase IV; THENPE: 845021' 18nWalong the northwest line of the beforementioned Foxfrre - Phase IV'for a distance of 688.58 feet to a 1/2. iron rod found marking the west corner of FomrePhase I according to the plat recorded in Volume 351, Page 435 A, of the Deed Records of Brazos County, Texas; THENCE: S440 14' 17" W along the northwestline of Lot 1, Block 5, Foxfire .. Phase 1 for a distance of 560 65 feet (57.55 call) to a 112" iron rod found at 4" creosote Ordinance, Noo 19 64 page 8 .. . post fence corner marking the east corner, of Freneau Drive (60' right-of-waY);1 THENCE: N45021' 41" W along the northeast line of Freneau Drive for a distance of 60.11 feet to a 1/2" · iron rod found at 4ucreosote,postfence corner; THENCE: N 440 14' 17" E parallel with and 60.111 feet northwest of the northwest lineofthe.beforementioned Lot 1, Block 5, Foxfire - Phase I, fora distance of 51.52 feet to aI/2'f iron rod set; THENCE: N,45021'18" E parallel,withand 60.00 feet northwest ofthe,nortllwest line of Foxfire Phase IV adjacent to a fence for a distance of 705.96 feet to a 1/2" iron rod found at cross-tie fence corner marking the east corner of the beforementioned 8.40 acre tract; THENCE: N 360 84'.47"W.alongthecommon line betweenthe beforementioned 72.19 acre tractandthe8~40 -acre tract, adjacent to a fence, for a distance of ::~28. 74 feet to the PLACE OF BEGINNING, containing 9.38 acres of land more or less. AREA,8A Being' all that' certain tract or parcel of land more commonly known or referrE~d to as theCHYLINSKITRACT, which is described on Warranty, Deed filed in Volurne 475 Page 474 of the Deed Records of Brazos County, and being more particularly described' by metes and, bounds 'as,' follows: BEIN.G a tract or parcel of land lying and being situated in the Thomas Caruthers League, AbstractNo..9,>Brazos.County,Texas, and being part of the J.M. Higgins Estate and being more particularly described as follows: Tract No. 1- Beginning at an iron rodin the southwest boundary line of the ~lbove described tract" same being the most easterly corner of Lot 5, Block 5, Foxfire~ Addition, DR 351/435; THENCEN45003'16''WalongsaidLot 5, for a.distanceof219.73 feet to an iron rod for corner; THENCEN440 44'47"Ewithin said Higgins tract fora distance of 198.25 f€~et to an ,iron rod for'corner; THENCES45003' 16uEparallel to said Lot 5,. for a distance of 219.73 feet tCJan iron rod for corner; THENCE S44044J47"Wforadistance of 198.25 feet to the POINT OF BEGINNING"co~jaining 1.00 are of land more. or less.. AREA8B Being a tractor parcel of land lying ,and being situated in the Thomas Carutllers League, Ab.stract No.. 9, Brazos County, Texas, more commonly known or referred to astheCHYLINSKITRACT,andbeingpart of theJ.M.HigginsEstate whicll is described on a Warranty Deed and being more-particularly described as follows: 'I'ractNo. 1- Commencing at an iron rod in the southwest boundary line of tble above described tract, same being the most easterly corner of Lot 5, Block5, lroxfire Addition, DR 351/435; Ordinance No., 1964 page 9 .... . THENCEN44044' 47" E 198.25 feeta.1ong the northwest right-of-way line of Faulkner Drive to an iron rod for the PLACE OF BEGINNING; THENCE N 450 03' 16" W219.73 feet to an iron rod for corner; THENCE N440 44'47nE 198.25 feet to an. iron rod for corner; THENCE S 45003'16uE 219.73 feet to an iron rod for corner; THENCE S 44044'47" W 198.25 feet to the PLACE OF BEGINNING, and containing 1.00 acre of land, more or less. AREA 9: Being all that certain tractor parcel of land more commonly known or referreld to' as the PEARCE TRACT, same parcel being a 1.00 acre tract or parcel of land lyi]rlgand being situated in the. Tho:m.as Caruthers League, Abstract, No.9" Brazos County, T~xas, a.ndbeingpartofthe J.A. Higgi.nsEstate, and being more particularl:yr described in AWarran.ty Deed filed in Vol1.lme 424 Page 133 of the Deed RecoJrds of Brazos. County as follows: THENCE S 45003'16" E, parallel to Lot 2, fora distance of 190 feet to an iron rod for corner; EXHIBIT B SERVICE PLAN Service Plan Foxfrre Area Annexation. On June 28,1992, the City Council of the City of College Station annexed certain properties located within the City's Extra-Territorial Jurismction into the Cit:V. These properties are illustrated in Figure 1. Police'Protection Police protection and police services will be provided to the annexed properties immediately following the effective date of annexation. Services will include patrolling, responses to calls, investigations'and other routine police'services. Police protection. and services will be provided at . the same level as provided tlO other comp,arable area~wit~inCollegeStation. Fire Protection Fire protection. through suppression and prevention will be provided immediately following the effective. date of the ann.exation. Protection through reactive services will be provided thro'Ughresponse tocails.Protectionthrough proactive services will be provided through>fire code<enfor.cement and inspection activities. Construction and development activiti~sundertaken after the effective date of annexation. shall comply with all building and fire safety codes, of the City of (;ollege Station. All structures ,'shall be brought" into compliance with 'the "address., standards of the College Station Code of Ordinances. Building PernritsRequired Construction activities tInderway prior to annexation may continue provided that all iconstruction after annexation must comply with City codes and ordinances. Buildingperm.itsmustbeobtainedfor~onst:ruction underway. Permit fees shall be waived for 'constructionunderwayprion to annexation. Solid Waste, Collection Solid waste collection services, presently provided by a private service, will be providedexclusivelyb)T the City. In orgerto secure solid waste collection services, each property owner must establish a 'Utility account withthe City of College Station. Services will be. provided within 10 days after establishing an aCCOUI:lt. Roads, Streets, "including "Street · Lights Roads and streetsintheare.aannexed ~ll be maintained by the City of College Station and will be added tothe City's tpaintenance activities immediately following annexation. MainteIlance priorities sh~ll be determin.edonaCity-wide basis taking into consideration such factors as: street wid.th, volume of traffic, street conditions, natU1"eof maintenance Ileeds, andpubl~c . safety hazards. The improvement and enlargement of cul-cie-sac. turn. arounds i within existing right-of-way. will be included in future maintenance activities as prac;tical an.d where needed to facilitate the maneuvering ofemergencyapd sanitat~onservice vehicles. Current area street lighting will be mailntained by the City . of College. Station as soonastheelectricaldistribution.syste:nnfor the annexed area has been acquired by theCityofC.ollege Station from the City of Bryan. 'rhe sufficiency of the area's street lighting will be reviewed after the acquisition of 1964 page 13 r~ the system. Street lights will be installed and maintained in a manner consistent with standards established for other <comparable portions of the City. Street'signs shall be brought to College Station standards within 60 days of the annexation. Parks, Playgrounds, Swimming Pools. There are noexistingparks,playgrollnds.or swimming pools within the area to be annexed. There are, however, a.surp.c~~lltnumher of parks, playgrounds, and swimming pools located in the general ;Vicinity to service the area to be annexed at a standard that meets or exceeds the~~~Ilt Parks and Recreation Department standard for services in other comp~ableareas of College Station. Additional park development in the,~ea~llbe addressed through the development standards and proced1ffe~o~the City as additional residential development occurs. Such parkdev~~m~:J:I1ent includes, but is not limited to, dedication of parkJandandlormon~:>iiIl:lieu of land in accordance with the pity of College Station subdivisionregulatiop.s. Publicly Owned Buildings, Services,' or Facilities. There are no publicly owned buildings in the areatobe annexed. Electrical services and fa.cilities ope~~~edby the City of Bryan will be acquired hy the City of College Station as provid.fedbywrittenagreement between the cities of Bryan and ,College.Station. Water and. Wastewater The area to be annexed currently receives water from a private corporation. 'rhe City of C()llege$tation shall take over water ,service upon annexation. During this transition period,thE:l assumption of '\Vater services by the City of College Station shall be scheduled inasmu.chas it is possible so as to prevent the disruption o,f water services to the annexed,properties. In the event the, City should make capital improvements. for wastewater services in any annexed area the City reserves the right to levy an impact fee to the properties annexed upon connection' to wastewater facility improvements in accordance 'with Chapter 395>of the Texas Local Government "Code. Anyassessment.levied in accordancewithChapter.395, does.not preclude the payTIlentofstandardtapfees or other fees that are put into effect on a City-wide ba~s. . Water and Wastewater Utility Policy The water, and wastewater utility extension policy. of the City of College Station, as evidenced through the ordinances and development practices of the City, is as follows: The cost of water and wastewater facilities necessary to serve existing lots or new develoPtnentwithin a suhdivisionplat.or land development shall be borne by"thelot owner or developer of the plat or la.nd; page 14 The cost of off-site extension of water and wastewater facilities to serve a lot, tract, plat or land development shall be borne by the owner or developer' of the lot, tract plat or land. Where such extension is consistent with plans for the development of the City ,and its lltility system the City may, by decision of the City Council, participate in the cost of construction so as to provide for additional capacity for the overall, development of an area; The City. may, from time to time" include the construction of water and wastewater facilities 'in its Capital Improvements "Programs. Lines and facilities included in such programs shall he determined .on a City-wide basis. Priorities shall be established by the, CIP,plans, of the. City, growth tren<is an.d direction and the Council through its development plans and policiE~s. _' -_~Capital Improvements No capital improvements are necessflrYto provide "full municipal services" to the atea~ '.Improvements'will,be'made to ,the existing water system as necessary tC) bring the operations and maintenance of the system to College Station st~daJrds. SuchimprDvementsmay include theadditiDn .of fire hydrants, valves and .other improvements which may be determ~ned necessary during the installation of water system improvements. These improv,ements will be made within the four 'and one- half year period prescribed by law. LocatiDns.of existing facilities tD he. acquired Dr maintained are reflected in Figures 2,3 and 4. , ...-'- ..... ''1 ., ~' '" SSVdA8 lSV3 - 9 M\H 31'115 . @ ~ ~ ~ .., = SO C>> ;- ~ ~, :!. '4, ',' ,. ,i1 ~ ,t"4 C>> t1 .... SO ~ ~ (J) c+ ~ > ~ ~ pj t-t ~ o trJ Z tj '. .'. .'.. (~ :a:j >l-4 ~t-t hEJ "t-3' ~,'.'"t-4 ~ {1J I >~S Z~O ZO> t?:J~t-3 ~, O.t-I > '.0 '~ t-3 tIlZ S .....t?:J ~ o t:J0 ,'-4 Z t,;J. ~ (N ..' ~ or - ' ~ ORDINANCE NO. AN ORDINANCE RECEIVING, CERTAIN TERRITORY ADJOINING THE CI'rY LIMITS OF THE CITY OF COLLEGE STATION, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION ,TEXAS: WHEREAS, the City of College Station has decided to extend the boundaries of the City and annex area adjacent to the City lying within the extraterritorial jurisdiction of the City as described by metes and bounds in Exhibit A attached herein and incorporated by reference; ~ERFJAS,theCityCouncil as governing body of the City has conducted two I?\lbli~,hearingsonMay 28, 1992, and June 5., 1992, respectively, at which persons intere~ted in the annexation were given the opportunity to be heard; WHE~FJf\.~, ~hesehearingswere conductedon or after the 40th day but before the 20thdayb~fore the, date of the institution of the annexation proceedings; WHE~~~,noticeof the hearings was published in a newspaper of general circula.ti()nand in the area proposed for annexation at least once on or after th4~ 20thdayblZltbeforethe 10th day before the date of each hearing; WHEREAS, at the public hearings a "Service Plan" that provides for the extension of full municipal services to the area to be annexed, prepared by the City Plamling Department in accordance with Sec. 43.056 of the Local Government Code, was made.availableforpublicinspection and was explained to the inhabitants of tble area at the.public.hearings;'and WHEREAS,theServic~planis setout in Exhibit B attached hereto is and incorporated herein as part of this ordinance by reference. NOW, Tij:EREFORE,in accordance with Article II, Section 7. of the Charter of the City of (0?l1ege Station, Texas, and Sec. 43. Q2 Lof the .Texas Local Government Code,tl}~ qityofCollegeStation CityCouncil.by this ordinance receives the afore11le:q~ioJ:led territory into the incorporated limits of the City of College Station, Texas" as d.escribedinExhiQitA. ' PASSED; and APPROVED this 25th day of June, 1992. ATTEST: APPROVED: EXHIBIT A DESCRIPTION ,OF ANNEXED 'AREAS AREA,} Helng all that certain tract.orparcel of land more commonly known or referred to as FOXFIREPH.ASEl SUBDMSION,which isdescribed ona plat filed in Volume 351 Page 435 of the Deed . Records of Brazos County, and being more particularly de scribe.dby metes and bounds as follows: BEGINNING at a point in the intersection of Sebesta Road and Foxfrre Drive, thence along 8ebesta Road N 450 00' 52" E for 561.36 feet to a point for corner; THENCES44038'35"Efor 1643.10 feet to a point for corner; THENCE N45003'20"Efor1524.22feet; THENCES840 15'29" Efor186.15feet; THENCEN87044' 56" E for 256.51 feet to a point in the center of Foxfire Driv'e; THENCEN570 14'13H E for 235.83 feet; THENCEN 590 25'23"E.for146.11feet; THENCE 8 ,66020'30"Efor335.07feetto a point ()nthenorthwestright-of-w~lY line of Freneau Drive; THENCE along the north right-of-way line ofFreneau N 40036'41 "E for a distance' of 120. 00 feet; THENCES450 14'33".E for 60.00 feet to a point in the southeast right-of-way line of Fr:eneau Drive; THENCE,N'440 45'27H'Efor 57.55'feet; THENCE, 845003' 16". Efor1301.33feet to.a' point for corner; TH~NCE ;8480 05' 38"Wfor 161.06 feet; THENCES07019'11'' W for 218. 71 feet; THENCES 660 18' .27" W for.1 09.75 feet to a point on the northeast right-of-way line of Frost Drive; THENQE S44ol.t8'14"Wfor 60.00feet across Frost Drive to a point on the southwest; right-of-way line of Frost Drive; THENCE:N79056'54"W-118.09 feet; THENCES14002'13 "W - 205.03 feet; THENCE8340 35'41t1E-166.14feet; THENCES21041'24"W -134.54feet; OrdinanceN o. page, 2 THENCE 8090 22'35"E -191.05feet; THENCE S 34045' 40"W-94.60 feet; THENCES80046'20"W-137.20 feet; THENCES59001' 05"W -125.87feet; THENCE S85030'55"W-118.13feet for a corner; THENCEN45005'20"W-1600.46feet to a point in the center of Foxfire Driv1e; THENCE, along the centerline of Foxfire ' DriveS 440,50'01" .Wfor567 .70 feet; THENCE along a curve to the right with a central angle of 45000' 42" , a radius of 300 feet and a tangent of 124.30 feet; THENCE continuing along the centerline of Foxfire Drive S890 50' 43"W252.185 feet; THENCE along a curve to the left with a central angle 450 00' 42" , radius 401.17 feet and tangent 166.21 feet; THENCE S 44050'01" W"a distance of 85.00 feet; THENCE along a curve to the right with centralangle 90006' 58" with a radius of 299.96 'feet and ,tangent of 300.57 ,feet; THENCE continuing along the centerline of FoxfireDrive N 450 03' 01" W a dist.anc~ of 1728.11 feet to the POINT OF BEGINNING and containing 108.02 acres, more or less, taken from aplatfiledinVolume 35 LPage 435 of the Deed Records of Brazos County . AREA 2 Beillg all that certain tract or parcel of land more commonly known or referred. to as FOXFIREPHASE 2 SUBDIVlS10Ntwhich is described on a plat. filed in Volulne 358 Page 291. of the Deed Records of Brazos County, and being more particularly described by 'metes and' bounds,. as follows: BEGINNING at. a point ill the intersection of Sebesta Road and Foxfrre Drive, THENCE along the centerline of Foxfire Drive S 450 03" 01"Eadistanceof17~28.11 feet; Continuing alongthe.c~nterlineofFoxfi.reDl"iv~along a curve to theJeft with centralangleof90006'58".,a'radius ,of299.96feet<and a. tangent ",of 300.57 feet; THENCEN44050'01''Ea.distanceof85.00feet; THENCE alongacurveitothe<right with a. central angle of 450 00' 42" with a radius of 401.17 feet and. a tangent of 166.21 feet; THENCE 'N89050'43"Eadistanceof252. 85 feet; page 3 Continuing along a curve to .the left with a central angle of 450 00' 42" , a radius of 300. 00 feet and atangentof.124.30feet; THENCEN440 50'01" E a distance of 567.70 feet to a corner; THENCE 8450 05'20" E a distance. of 2244.58 feet to a corner; THE:NCE843o .1.8'28"W a distance of 1142.54 feet to a corner; THENCEN45000'14"W a distance of 2274.24 feet to a corner; THENCES44056'17" W a distance of 998.94 feet toa corner; TH~~QE N44,o 58' 08"W a distance of 2413.92 feet to a point within the right-of- way iqn8ebesta' Road; THE~yE N450 03' 27" E a distance of 505.56 feet to the POINT OF BEGINNING and ~A:p.taining 94.25 acres, more or less, taken from a plat filed in Volume 358 Page 291 ()f:, the Deed Records of Brazos County. AREAS Being~ll that certain tract or pa.:rceloflandmore commonly known or referred to as FOXF~REPHASE III SUBDIVISION, which is described ona plat filed in Volume 477 l?age 783 of the Deed Records of Brazos County, and being more particularJly described by metesa.ndboundsasfollows: BEGINNING at a point at .themostnortheasterlycorner of Block 4 Lot 2 Foxfire Phase I,THENCEi8.45003'16n Ea distance of 858.52 feet to a corner; THENCE 845013' 39"Wadistanceof582.88feet to a point on the northeast'right- of-way line of Frost Drive; THE NC.E 844001'29" .' W60.00feet to a point in the' southwest right-of~way lirleof Frost Drive; THENCE S 450 58' .31"E59.23 feet along the southwest right-of-way line of Frost Drive to a corner; TH:$NCE from a point on the southwest right-of-way line of Frost Drive S 430 18' 28" VV adistanceof779.11feetto a corner; THENCEN45005'20"Wadistanceof644.12feet to a corner; , THENCEN.85030'55" Eadistanceofl18.13feet; THENCEN590iOl'05"Ea distance of 125.87 feet; THENCEN80046'20"E'a distance of 137.20 feet; THENCE .N340..45'40"..E....adistance .of94.60feet; THENCEN.09022' .35"W'adistanceof191.05 . feet; THENCEN21 041'24"E.adistance of 134.54 feet; Ordinance No. page 4 THENCEN340 35' 41"Wadistanceof166.14feet; THENCE.N 140 02' 14" Eadistanceof205.03 feet; THENCE 8 79056'54"Ea distanceof118.09feet to apoint on the southwest right- of-way line of <Frost Drive. THENCE.N 440 48' 14" Ea distanceof60.00 feet (crossing Frost Drive) toa point on the northeast right-of-way line of Fr.ost Drive. THENCEN660 18'27" Eadistanceofl09.75feet; THENCE N070 19'11 "Eadistanceof218.71'feet; THENCEN 480 05'38" E ,a distance of 161.07 feet to the POINT OF BEGINNING and containing 22.59 acres ofland'lllore or less [21.5 acres plustheright-of-wa.y of Frost Drive], taken from a plat filed in Volume 477 Page 783 of the Deed Records of Brazos County. AREA 4 Being all that certain tract <or parcel of land more commonly known or referred. to as FOXFIREPHASE, IV SUBDIVISION, which is described on a plat filed in V olllme 717 Page 765 of the Deed Records of Brazos County, and being more particularly described by metes and bounds as follows: Being all that certain tract <or 'parcel of land, 'lying and being situated in' the THOMAS CARUTHERS ... LEAGUE, ill Brazos County, Texas, and being all of that 49.099 acre tract oflandconyeyedtoFOXFIRE>Limited#1byJohnF. Higgins, et al by deed recorded in VolUIl1e580, Page 244 off the Deed Records of Brazos County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING: at an ironrodfoundmarkingthe Il1ostnortherly corner of Lot 2, BlockFour ofFOXFIRE:phaselasrecordedinVolume351, Page 435 of the Deed Records, said iron rod also being.in the southeast right-of-way line of Faulkner Drive; THENCE:N, 450.,03'16H,.'W ,.across','saidFaulkner"'Drivefor,a..distance",of'l 00. 00' feet to an iron rod found at the most easterly corner of Lot.5, Block Five of said FOXFIRE Phase I, said iron rod also marking the most southerly corner. of the John Chylinski 1.00 ,acre tract,',as.recorded"inVolume475,Page,473 of the Deed Rec:ords; THENCE :N44044'47 nEalorig the sai<iChylinski tract. and another .1.00 acre tract conveyed to JohnChylinskiasrecordedin Volume 475, Page 477 for a distance of 396.50 feet to an iron, rod, for corner; THENCE:N450 03' 16"W for a distance of 219.73feet to an iron rod atthe rrlOst northerly corner of the saidChylinskitr~ct{Volume475, ,Page 477); THENCE: 844044'47".Vi fora distance of ~96.50feet to aniron rod at the most westerly corner, of theaforesaidChylinskitract{Volume475, ,Page 4.73); THENCE:N 450 03'16"Walongthenortneastiine of the said FOXFIRE Phasel fora distance of 769..85 feet to an iron rod set. at a fence ,corner for' corner, said iron Ordinance No. page 5 rod ,also being ,the most westerly.comer'ofthis tract; THE.NCE: N 45021'21''Ealongsaidnortheast line for a distance of 688.58 feE~t to an,'iron;rodset for corner; THENCEI:S36048' 32" Eparallelto and 1 10.00 feet southwest of the centerline of the Gulf~tatesUtilities Company easement recorded in Volume 130, page 172 of the Deed Records fora distance of 3439.77 feet to an iron rod set for corner; THENCE:. along the centerline ofa gvlly for the following calls: S6'6004"251tWfor a distance of 163.84 feet; 8~0055'40"W for a distance of 80.03 feetj 8;31045' 22" Wfor a distance of 61.67 feet SQ30>22'.56" W for a distance of106.13feetj ~~Oo 18' 05" Wfor a distance of413.65 feetto an iron rod set in the north~~f3~ line of a 40' wide roadway described in Volume 188, Page 450 of the Deed Recordf3; "I THEN<3li:: N 45055'31" W along said roadway for a distance of 1331.28 feet to a 1/2 inch iron rod found at a fence corner for corner; THENqE: N450 201 12"E along the southeast line of FOXFIRE Phase III as recorded in Volume 477, Page 783 fora distance of 607.21 feet to an iron rod,fo'und at a fence corner; THENC~!:N 450 03'16"W along the northeast line of said FOXFIRE Phase HI for a distance of 880. 90 feet to an iron rod found for corner, saidironrodalsobein~~ at . the most southerly corner of al.OO acre Cynthia Ruth Jackson tract as described in Volu11le 424, Page 133 of the Deed Records; THENCE: .! N 440 44'47" Ealong the southeast line of said Jackson tract fora distance of 229.30 feet to an iron rod for corner; THENC~:N 450,03' 16" W foradistanceof190.00 feet to an iron rod at the most northerly corner '"of the said Jackson tract; THENC~h 8440 44'47" W along the northwest line of the Jac~sontract for a distance~f229.30 feet to the POINT OF BEGINNING and containing 49.099 acres oflan.d,! more orless, according toa survey ma,de under the supervision of Michael . R. McCl~re,RegisteredPublic Surveyor No. 2859, in February, 1984, as record.ed on a platfil~d in Volume ,717 Page 765 of the Deed Records of Brazos County. AREA 5 ;, Beingpatt ofaParcelof land more commonly referred to as Frost Drive, and abutting i~he .portion ofth.eright-of-wayofthesamestreet, which is included in Foxfire; ~haseIVsubdivision,andmoreparticularlydescribed'by metes and b(Jlunds as follows: Beginning at the most southerly corner of Lot 5, Bloc~15, Foxflre Phase IV, located in the',ThomasCaruther'Leagve A-9,BrazosCounty,.Texas; ThenceS .400 18'05"'W for a distance' of21.11 feet to the point., of beginning; ThenceN450. 55"" 31uWforadistance. of 1,331.28 feet; page 6 Thence S44004'29''W for a distance of 35.67 feet; ThenceS45o.47'12"Efora distance of 1,331.28 feet; Thence N44004'29''Eforadistanceof38.89 feet to the point of beginning and containing 1.1394 acres of land more or less. AREA 6 Being all that certaintract or parcel orland more commonly known or referred to as the H:ffiNRY TRACT, which is described by deed recorded in Volume 754 Page a31 of the . Official Records of Brazos County, . and being more particularly described.. as follows: Metes andBounds descriptionofall that certain 5.87 acre tract or parcel of land, lying and being situated in the THOMAS CARUTHERS "LEAGUE, AbstractN (). 9, Brazos County, Texas, and being a portion out of that same called 76.47 acre tract conveyed from Anna Jean Kirk, et vir, to W.C. Lipsey, Trustee, as described by deed recorded in Volume 754, Page 331 of the Official Records of Brazos County, Texas, and said .5.87' acre tract being more particularly described as follows: COMMENCING ata 112" iron rod found at the base of a fencepost, said iron rod . marking the,.east corner of said 7 6.47 acre tract, and being the intersection of the southwest line of Frost Drive and the northwest line of Bird Pond Road, as currently fenced. THENCE: N 450 07' OOuW,-~819.49feetwith the line of Frost Drive to a 1/2" iron rod set for the PLACE OF BEGINNING. THENCE:S 44053'OOuW-648.15feetacrosssaidcalled76.47'acre tract to a 1/2" iron rod . set . for 'reference monument. THENCE: S44053'OO" W -50.00feet to a point for corner in the centerline of a creek; THENCE: Nllo02'22"W-89.13.feetwithsaidcreekcenterline toa. point fOl~ angle point. THENCE: with said creek centerline for the following calls: NOOo03' 05"E..212.19feet N 240.."16' 59".W-"'220.53'.feet N310 17'20ttE-27'1.57 feet TIIENCE: N 030 02'0211 W-8084feet With said centerline to a point for .com~~r. THENCE:N44053'OouE -50.00. feet to a 1/2" iron rod set for reference monument. THENCE:N44053'OO" E.. 45.32feet.toa1l2I1iron rodseffor .comer in the southwest right-of-way line of Frost Drive. A 1/211 iron rod set for corner in the north '.comer . of said called 7.6.47 acre tract bears 'N450 07" OQ"W - 322.95 feet. THENCE:S45007' OO"E- 554.78 feet with said line to the PLACE OF page 7 BEGINNING, and containing 5.87 acres of land, more or less. AREA 7 \ Being all that certain tract orparcel of land more commonly known or referred to as the WALTMAN TRACT, which is described in a de,ed recorded in Volume 916 Page 357 of the Official Records 'of Brazos County, and being more particularly described by metes and bounds as follows: Field notes ,of a 9.38 acre tract or parcel of land lying and being situated in the Morgan Rector Survey, Abstract No. 46, Brazos County, Texas, and being part of the 72.19 acre. tract described in'the deed from A.L. Salley to McHayden Dillard and wife, Barbara Dillard as recorded in Volume. 916, Page 357 ,of the Official Records of Br~zosCounty, T.exas,allofthe 1.24 acre tract(home-site) described in tl1e correction deedfrom A.L.SalleytoMcHaydenDillard and wife, Barbara Dillard as recorciedin,yolume 915 Page 59, of the Official Records of Brazos County, Texas, part of the [L04acre tract(60' access) described in the deed from A.L. Salle)j to McH'Md~n :qin~d ancl wife, Barbara Dillard as recorded in Volume 904, P~ge 421, of the Officialijecords of Brazos County, Texas and being more particularly: describedaJsfollows: 1., "! COMMFJNCINGat the 1/2" iron rod found at 8" c,edar post fence corner marking the west corJ;lerqf~hebeforementioned 72.19 acre tract, same being the north corner of the C. Willialll Hedderman II 8.40 acre tract described in Volume 704; Page: 397 of the Official Records of Brazos County, Texas; THENCE:S}360 34'47"Ewith the southwest line of the '72.19 acre tract for a distance of 394~34feet tothe'PLACEOFBEGINNING. 'THENCE: ,N,'440 '52'08"E - 'across ,the 72.19"acre tract for' a distance 'of 949.61 feet for the northmostcornerofthis description; THENCE: S 390 09' 08l1E,pass at 251.05 feet the north corner of the 1.24 acre tract, co ntim.'1'eon for a total distance of 38.1.21 feet for the eal3t corner of this description at the east corner of said,l.24 acre tract; THENQE:, si 44052' 08UWalong the southeastJine of the beforementioned 1.24 acre tract, at: a distance of966.00feetpass a 1/2" iron rod found markingthe south' corneroftheisaid1.24 acre tract, continue on for a total distance of 969.93 feet to a 1/2" irou,rodlset at the intersection of the projection of the southeast line of the said 1.24acre,traft \Viththe projection of the northeast line of the. Foxfire t Phas~ IV accoJ.'ding to fhe.plat recorded in Volume 717, :page 766,.oftheDeed Records of Brazos County , Texas; THENCE: g'36048'35"Ealongtheprojection of the northeast line of the Foxfire., Phase, IV for ,a distance of 5.91 feet to a 1/2" iron rod set at the north, corner of said Foxfire-Phase IV; THENCE: ..... S:45021' 18"WaJoIlg the northwest ,1ineofthebeforementioned Foxfire .. Phase IV for a distance of 988.58 feet toa 1/2 iron rod found marking the west corner of FoXfi.r~Phal3e Lacc()rdingto the plat recorded in Volu:me 351, Page 435 A, of the, Deed. Records of Brazos County, Texas; THEl'iCE: S44014'17''iWalongthenorthwest1ineofLotl,Block 5, Foxfire .. Phase I for ardistanceof56.65feet(57.55 call) to a 1/2" iron rod found,at 4" cre~osote page 8 post fence corner marking the east corner of Freneau Drive (60' right-of-way); THENCE: N 450 21' 41"Walong the northeast line of Freneau Drive for a distance of 60.11 feet to a 1/2" iron rod found at 4" creosote post fence corner; THENCE: N 440 14'17"EparalleFwithand60.111 feet northwest .of the northwest lineofthebeforementionedLotl,Block5,Foxfire -Phase I, for a distance of 51.52 feet to a 1/2" iron rod set; THENCE:. N45.o 21' 18" E parallel with and 60.00 feet northwest of the northwest line.ofFoxfire Phase IV adjacent t.o a fence for a distance of 705.96 feet to a 1/2" iron rod ~~t1Itd at.cross-tie fence corner marking the east corner oft4e beforementioned 8.40 acre tract; TNEN'C;;E: N 360 34'.47" Wal.ong the common line between the beforementioned 7~.1~~Q,rre tract and the 8.40 acre tract, adjacent t.oa fence, for a distance.of 328.74 feet~o,the PLACE OF BEGINNING, containing 9.38 acres of land more or less. ~ " : : i AREA-8A Being-,~~~ that.certaintract.or.parcel .of land more commonly known or referred to as the(]D~INSKI TRACT, which is described.on Warranty Deed filed in VolumEl 475 Page47~ of the Deed. Records of Brazos County, and being more particularly described by ,metes and bounds ' as follows: BEING. a tract or parceloflaJ1dlyingandheingsituatedin the Th.omas Caruthers League, . Abstract No. 9, Brazos County, Texas,. and being part of theJ .M. Higgjns Estate and being more particularly described as follows: Tract N.o. 1 - Beginning at an ironr.od in the southwest boundary line. of the above described tract, same being the most easterly corner of Lot 5, Block 5, Foxfire Addition, ',DR 351/435; THENCE N 45.0 03' 16" Wal.ong said L.ot5,f.or a distance of 219.73 feet t.o an ir.on rod for corner; TH:E~<DE N 44.044' 47"EwithinsaidHiggins tract for a distance of 198.25 feet t.o an "irop rod for corner; THENCES450 03'16"EparalleltosaidLot 5, for a distance of 219.73 feet to B.n iron rod for' corner; THEN<DES440 44'47"Wfor adistance.of19$.25 reet to the POINT OF BEGINNING, containing 1.00 are ',oflandm.ore' or less. AREA:8B BeiIlg~ 'tract or parcel .ofland.lyiIlg and heing~ituated in the Thomas Caruthers Le~e,Abstract.N.o~9,BI"az.osC.ollnty,Texas,m.ore c.ommonly known or referred to as the. ~~INSKIT.R.ACT,andheingpart.oftheJ ...M. Higgins.. Estate . which is described on"aWarranty,',Deed"and,beingmoreparticularly described,.as follows: Tract No. .1.- CommeIlcingat iat1 ir.ollrod inthe.southwest boundary line of the abovedescrib~dtract, same. being th.e most easterly corner of>Lot, 5, Block 5, ,F()xfire Addition, DR 351/435; page 9 Ordinance ".No. THENCE.N440 44' 47"E 198.25 feet along the northwest right-of-way line of Faulkner Drive to an iron rod for the PLACE OF BEGINNING; THENCE N45003' 16"W219.73 feet to an iron rod for corner; THENCE N440 44'47" E 198.25 feet to an . iron rod for corner; THENCE S:45003'16" E 219.73 feet to an iron rod for corner; TH:gNGE 844044'47" W 198.25feet to the PLACE OF BEGINNING, and conta.in.i,ng 1.00 acre of land, more or less. AREA 9: Being ~llthat. certain. tract or parcel. of land more commonly known or referred. to as th~PEAlR.CE TRACT, same parcelbeingal.00 acre tract or parcel of land lying and beim-gfi)it1f1ated in the Thomas Caruthers League, .Abstract No. 9, Brazos County, Te~fls, ~p.d being part of the J. A.... Higgins Estate,. and being ,more particularly d~~R~ib~q. in A Warranty Deed filed in Volume 424 Page 133 of the Deed Records of BFa.~os! ~buntyasfollows: BE~JN'~ING at an iron rod in the Southwest boundary line of the above described Higgi;rls'i~ract,same being the most northerly corner . of Lot. 2 Block 4 Foxfire Additi()ri~ Dr. 351/435; THENCE N.44044'47" E, within said Higgins tract, for a distance of 229.3 feet to an iron rod for corner; THENCE S 450 03'16" E, parallel to Lot 2, for a distance of 190 feet to an iron:rod for corner; THENCES.44044'.'47''W.fora.distanceof229.3feet to an iron rod for corner .in the northeast line' of said Lot 2 ; THENCEN 45003'16"Walong said Lot 2, for a distance of 190 feet to the POINT O.F BEGINNING,. containing 1.00 acre of land, . more or less page 10 EXHIBITB SERVICE PLAN Service'Plan FoxfireAreaAnnexation. On June. 28, 1992, the City Council of the City.of College Station annexed certain properties located within the City's "Extra-TerritorialJ urisdiction into the City,. These ,properties areillustr.ated in Figure 1. This plan provides aprogram under which the City of College Station will provide full municipal services to the annexed area.. .The timing of service provision win vary depending on the service., All services will be provided within 4 1/2 ye~rs unless changed conditions. or subsequent occurrences make the service plan ullworkable. or obsolete. . In such <event, the City shall amend the service pl~n to conf()rm. to the changed c<mditions or subsequent occurrences as provided in Lo<;al GQvernmentCoc:l.eSec.43.056(h). However, the following services shall beprov,ided not, later than sixty {60} days following the effective date of annexation: I} police protection; 2} fire prot,ection 3} solid waste collection 4) maintenance of roads and streets, includingroad and street lighting; 5} maintenance of parks," playgrounds and swimming pools; ,and 6) 111aintenanceofanyotherpublicly owned facility, building, orsenrice. For the purpose of this plan, "full municipaLservicesll includes any service funded in full orin part by municipal taxes and provided by the City of College Station within its full-service boundaries. Municipal services to be provided within the annexed area maybe by any of the.methods by which "the' City provides 'services" to other comparable areas. Municipalserviceswithintheannexedareaaretobe provided at the same level as ::such . services are provided.. to other ,comparable areas of the City . ,Specifically, :comparable areas of the City are those portions of the City that have similar characteristics of topography, land use and population density . page '11 Insert fig. 1 page 12 Police Protection Police protection and police services will be provided to the annexed properties immediately following the effective date of annexation. Services will include patrolling, responses to calls, investigations and other ,routine police services. Policel>rotection and services will be provided at the same level as. provided to other comparable areas within College Station. Fire 'Protection Fir(3 protection through suppres sion and prevention will be provided immediatE~ly following the effective date of the annexation. Protection through.reactive services will be provided through response to calls. Protection through proactive services will be provided through fire code enforcement and inspection activities. C(I)~struction and development activities undertaken after the effectiVje date of a.n.~exation shall comply with all building and fire safety codes of the pity of College Station. All structures shall be brought into compliance with the address standards of t~he College Station' Code,' of Ordinances. Building, Permits Required Construction activities underway prior to' annexation may continue provided tl:lat all construction after annexation must comply with City codes and ordinances. Building permits must be obtained for construction underway. Permit fees shaLll be waived for 'construction'underwayprior,' to,a~nexation. Solid Waste Collection Solid waste collection services, presently provided bya private service, will.be provided exclusively by the City. In order to secure solid waste collection servi,ces, each property owner must establish a utility account withthe City of College Station. Services will be provided within 10,,'daysafter establishing an account. Roads, Streets, including Street Lights Roads and streets in the area annexedwillbem~ntained by the City of College Station andwiU be added to the City's. .:maintenance activities.. immediately following anneJ(ation:.. ..Maintenance priorities shall be. determined ona City-wide basis taking into consideration suehfactors as: . street "Width,v()lume of traffic, street conditions, natllre ofmaint(3nance needs, and public safety.hazards. . The improvement and enlarg-(3meIltofeul-de-sac turn arounds. ""ithin existing right-of-way will be included in futur~maintena:nc(3.activities as prticticaLfl,l1d where needed to facilitate the maneuvering of emergency and sanitation seryicevehicles. Current area street lighting will be maintainedhy the City of College Station as soonas the electricaldistributionsyste:mfortheannexed . area has been acquired by the City of College Station from the City of Bryan. The sufficiency of the. "area' s.'street,.lightingwillbereviewedafterthe' acquisiti()nof Ordinance. No. page 13 the system.. Street lights will be installed and maintained in a manner consistEmt with standards establishedfor.other comparable portions of the City. Street signs shall be brought to College Station standards within 60 days of th€~ annexation. Parks, Playgrounds, Swimming Pools. There are no existing parks,. playgrounds.' or swimming pools within the area to be annexed. There are, however, a sufficient number of parks, playgrounds, and swimming pools located in the general vicinity to servicethe. area to be annexed at a . standard that meets or exceeds the current Parks. and Recreation Department standard for services in other comparable areas of College Station. Additional park development in the area will be addressed through the development standardsan.d procedures of the City as ad~itional residential development occurs. Such park development includes, b,utis not limited to, dedication of park land and/or money in lieu of land in accordance with the City of College Station subdivision regulations. Publicly Owned Buildings, Services or Facilities. There are no. publicly owned buildings in the. area to be annexed. Electrical services and fa.cilities operated by the City of Bryan will be acquired by the City of College Station as provided by written agreement between the cities of Bryan and College Station. Water and Wastewater The area to be annexed currently receives water from a private corporation. The City of College Station shall take over water service upon annexation. During this transition period, the assumption of water services by the City of College. Stati~on shallbe scheduled inasIIluchasitis possible so as to prevent the disruption of water services to theannexed.properties. In the. event the. Citysh()uldmake. capital improvements for wastewater services in any annexed area the. City reserves the right to levy an impact fee to the properties annexed upon cOnnection to wastewater facility. improvements in accordance with Chapter 395 of the Texas Local Government Code. AnyassessIIleIlt levied in accordance with Chapter 395 does .not preclude the paYm~.n...... t.o.fstandar....... ..dt.a.....pD. eesor.other fees that are putinto effect on a City-wide basis. WaterandWastewaterUtility'Policy The wa.ter andwaste\Vaterutilityextensionpolicyofthe . City of College Station, as evidenced through the 'ordina.ncesand . development practices of the City, .' is as follows: Theeost ofwateraIldwa.stewater facilities necessary to serve existing lots or new develo;PIIlent\Vithina subdivision plat or land development shall be borne by the> lot owner. or. developer . of the plat orland; page 14 The cost of off-site extension of water and wastewater facilities to serve a lot, tract, plat or land development shallbeborn.e by the owner or developer of the lot, tract plat or land. .Where such extension is consistent with plans for the development of the City and its utility system the City may, by decision of the. City Council, participate in the cost of construction so. as to provide for additional, capacity, for the overall, development of an area; The City <may, from time to time, include the construction of water and wastewater facilities in its Capital Improvements Programs. Lines and facilities included in such prqgrams shallbe determined on a City-wide basis. Priorities shall be established by the CIPplans of the City, growth trends and dire.ction and the. Council through its development plans and policies. Capital Improvements No capital improvements..are.necessarytoprovide"fullmunicipal services" to the area. Improvements will be made to the existing water system as necessary to bring the operations and maintenance of the system to College Station standards. Such improvements may include tl1eaddition of fire!hydrants, valves and other improvements which may be determined necessary?uringthe installatipn of water systemirnprovements. These iInprovements will be, made withinthe!fottrand one- half year period,prescribedby.law. Locations ofexisting facilities to be acquired or maintained are reflected in Figures 2,3 and 4. Validity and Amendment Upon approval by the City Council of the Cityqf College Station this plan becomes a contractual obligation. This plan is valid for ten years from the date. of its adoption. Renewal of the service plan is at the discretion of the City of College Station. This service plan may be amended or revised in accordance . with Local Government Code Sec.' 43.056(h}. page 15