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HomeMy WebLinkAboutLegal Document~:~R. -2;i' 96ITUE) 10;41 DOWCOGBURN T£L;9406099 P. 00? ~:STRICTIVE COVENANTS, CONDiT1ONS RRS'i'Ftli_"PIONS, LICENSE AND EASEMENT AGREEMENT TH ~ S AU1~E.EMENT ("Agreement") is made as of this ~ day u C April, 1996. by and between C(')I .I .lrtJ)= STATION, L.L.G., an Alabama limited liability company ("College Station") and Rl 1F2.'I'UN CREEK PUB, INC., a Texas corporation ("Dorton Cicck"). W~~IVES~~TH: wH>/1tEAS, College Station-is the owner of certain property Iocatcd i~~ Brazos County, Texas descrif,Pd in Exhbx "A" attached her©to and made a part hereof by refeizii~c (thr "Property"); and WHF:K I-:A ti, the Property is comprised of the Shopping Center Parcel ("Tract 1" or the. `'Shopping Center Parcel") described in Exhibit "B", the Tract 2 Parcel ("Tract 2") described in Exhibit "c':", and the Tract ; Parcel ("Tract 3") described in Exhibit "D", and the Tract =i Parcel ("Tract 4") dPCCribed in Exhibit "E"; and WHEREAS, litirtnn (_'rePk is the owner of certain property Iocatcd in Brazos County. Texas, described in Exhibit "H'" ~ttach~d and made a part hereof by reference which abuts the Property (the "Abutting Property"}; and WHEREAS. College Station and Rurtnn (.'reek have entered into an Agreement of Sale dated April _,.1996, whereby Burton Creek has agreed to purchase from College Station Tract ~; wild WHEREAS, College Station has agreed to sell `~'ract~ 2 to Burton Creek so long as Tract ?and the ALuuiu~; Property are encumbered by the covenants, conditions and restrictions set forth in this Agr'ee~i~cut. NOW, TIIhREFOFE, Collc~c Station and Burton Creek hereby agree that Tract 2 and the Abutting Property shall be held, tra.trslarred, sold, conveyed and occupied snhject to the covenant, conditions and restrictions hereiirafirr sec forth. ARTICLE I PERMITTED ND PRO IDIT1;n USES,,,LTCENSE AND EASFNIENTS 1. Tract 2 may be used for parsing ar~d a buihling which 15 attached to the existing ~' building located on the Abutting Property or a siugIc ucw structure built partially on Tract '~ and j the Abutting Property, subject to the limitations set forth irr this Agreement or other improvements, provided the .building (or portion therco fl locatca un Tract 2 shall not exceed twenty-two (22) feet in height and shall meet all on-sift goveimiictttal parking ratio rerluirements. 7.. Burton Creek covenants and agrees that, it shall not lease, lzrit sir occupy or permit any premises on Tract 2 or the Abutting Property, to be occupied for a,iy sa1C of adult, x- Pact 1 Aprii a, 19yb restaym2.tpne nPR.-?~'9G(TUE) 10~~3 DOWCOGBURN TEL~940GD99 P.DD~ rated rtrctcrials or adult r-rated videos, lingerie modeling shop, massage parIur, tauvo parlor, pawn Shop, sales or storage of a.utnmobiles, trucks or recreational vehicles of airy kind, ice skating ririlc, Skating rink, howling alley, gas station or laundry and/or dry clearriu~ cstablislittrcnt. 3. There shall~be no crnSStPasements for parking among the Shopping Ceritcr Parcel, Tract 3, TiaCt ~# and Tract'?; together with the Abutting Property. Notwithstanding the gc-acting of certain cross-easements in that certain Hr~urdywine Subdivision Replat recorded in Voluuic a, page _ ,, Deed .Records of Bra~~c t_:ounty, Texas, the limitations. set forth hcrcin shall control and shall be binding upon the hwnPrs ofall the parcels described hcrcin. IIowcver, College Statiuu hereby reserves unto itself, its successors and sssigns, nn access easement {"Tract 2 Eascmerri") over, across, and through 'Tract 2 for access from the Abutting Parcel {wluoh has access to Valley View Street), to the Shopping Center Parcel. Burton Crcck hereby grants to College Station, its successors and assigns, a perpetual non-exclusive access casement ("Rcstauraut Easement") over and across thP,Abutting Parcel to Tract 2, Tract 3 and Tract 4 fur the benefit of Tract 3 and Tract 4 from Valley View Street (with respect to Tract 2) and fmm F.M. 2818 Scr~ricc Ruad (with respect to Tract's), commencing at the curb cuts indicated on the site plan described iu Exhibit "G'" attached hereto and incorporated by reference herein {the "Site Plan"j: ~~ Cohegc Station, L.L.C. at their sole and ahsnlute: discretion, shall have the right at any time to .close either or hotly access polntS ~~`into the ShoPring f_'enter Parcel from Tract ?and into Tract 3 from the Abutting Property (any Such closure thereby terminating the affected easement). All of the aforesaid ~ccccss easements shall be a) non-exclusive, b) subject to all matters of record, 3) for the par pwc of vehicular (but not service vehicle) ingress and egress, and 4} having n width equal to the lesser ar their existing width or twenty-three feet. Burton Creek may, in its discretion, relocate {fi~orr[ rimy to time) either or both of the aforesaid easements at its cost and expense. 4. The owners of the Shopping Cei~tcr Parcel, Tract 2, Tract 3 , `i~ract 4 and the Abutting Property shall each maintain their own ie~pcclive parcels; 5. College .Station hereby grants a license for Burton Creek io have an amni~nt of tenant cignage on the Shopping Center pylon sign equal to any other single tenant utilising the sign. A rendition of the license is that Burton Crcck shall contribute its propor[ionate share of the cost of"the manufacture, installation, monthly utility sexvit>c, insurance, maintenance and replacement cast of the Shopping Center pylon sign, Tcnarit; lucaled on the Shopping Center Parcel, Tract 3 and Tract 4 shall have a preference as to the location of their names on the Shopping (::enter pylan sign. Burton Crcck shall pay its proportionate share of the costs ePt forth above within thirty (30) days of the date of receipt of true copic~ of invoices from third Party vendors for Services and materials. In the event Burton Crcck fails to pay any sums due within thirty (30) days of written demand, the license portion of this Agreemerrt ~Ldll terminate at the erection of College Station ny tiling written notice of termination under oath in the public records of Brazos County, Texas. (':ollege Station reserves the right to redesign, rebuild and relocate the Shopping Center pylon sign anywhere. within the Property without the consent of Burton Creek anti Carr terminate this License if they are not in agreement with the decision of College Station; provided Burton Creek shall. not pay any portion of costs nssociatcd with any such redesign, rebuild or relocation. Page 2 RS[aem2.tDm Aprii b, 1996 APR. -2~' 9f, (TUE) 10:4~ DOWCOGBURN TEL:9~Ot;099 P, 00~ ARTICLE II FNFORCI:MENT PROVi~IONS h'ailttre of College Station, or any successor, glatltco or assign of College station or any tenant nr subtenant of College Station or its succcssi,is ~r assigns to Comply with the rrovisions oFthis Agreement shall provide Burton Creek and its Successors and assigns with the right to bring legal action in law or in equity, including but,tol limited to an action for injttnrtive relief, damages, or a combination thereof. Failure of Du1tu11 Crc~k or any successor, grantee or assign of Rnrtnn Creek or any tenant or subtenant of Durtoti Crcck or its successors and/nr assigns to comply with the provisions of this Agreement shall pioviDc College Station and its strneessors and acctgns the right to bring legal action in law or in equity, including but not limited to an action for injunctive relief, damages or a combination tllercuf. All costs and expenses innarred by the prevailing party in terminating or resolving a violation of this Agreement, declaratory judgement nr otherwise, inclusive of attorneys' fees {whether os ,lot litigation is instituted), sha.l I be the respnnsib~lity of the owner, tenant or subtenant determined to be in violation. Failure by either College .Station and its successors and assigns or Durton Creek and its successors and assigns to enforce any covenant, condition or restriction herein colltaiucD shall in no event be deemed a waiver of the right to do so thereafter by College Station, Burtun Creek or their respective successors or assigns. ARTICLE .III GEN AL OVI NS 1. Durat'c~. The covenants, conditions, restrictions, license sod easements of tins Ag~ecrucnt shall run with and bind the Property and the Abutting Property, including Tract 1, Tract 2, Tract 3 and Tract ~}, and shall inure to the benefit of and be enforceable by Collcgc Station alltllur Burton Creek or their respective successors, grantees or assigns, or any tenant, assignee of subtenant of College Station or Tiurron Creek or their respective legal representatives, heirs, succcssol~, artD assigns for a term of ninety-nine (99) years from the date this Agreement is recorded. 2. every ' it .Invalidation of any one of these covenants or restrictions by judgment or court order shall itt no way affect any other rrovisions which shall remain in full force and effect. Notwitllst~lttcling the foregoing, any amentiznant to the Tract 2 Easement shall require the written agrccmellt of utlly $urton Creek and the owner of Tract 1; and the Restaurant Easement may be amended ay a written agreement only among Liiarton Greek and the owners of Tract 3 and Tract 4. 3. Condemnation, Notllillg herein shall be construed to give College Station any interest in any award or payment to be givCtt to the owner of the Abutting Property or Tract 2 in connection wit the exercise of any eminen[ Domain, condemnation or transfer in lieu thereof. 4. Abandonment. The parties ackrtuwledge the existence of that certain twenty (20} foot wide electrical easement ("Easement") shown un the Replat from Valley View Drive along the northeast and (partially) along the eastcnz bou~lDaries of Ttact 2. College Station hereby agrees to the abandonment of the Easement and aglccs to dedica[e such other suhstit~,te Page 3 rceragm2.epm ADril 8, 199b Af~R. -2v' 9G (TUEf 10 ~ 45 DOWC4GBURN TEL ~ 9406099 P. 00~ easements ac may he required by the City of Coheg~ Station. College Station agrees to apply for the vacation M: the Easement and to execute all documents necessary acid appropriate to obtain formal approval ot'said abandonment (without other effects on Tract 2) from [he Ciry Count;!! of the City of t'ollege Station and its Planning and Zoning Gonunissioit (and arty other necessary parties) nn nr fiefore May 1.5,1996, and shalt diligently pwsuc the vatatiun process. College Station shat I filathe abandonment as a replnt with the County Clerk of Braces County, Texas. College Station shall, at its expense, prepare all necessary documents slid Nay fur alI filing .fees necessary to accomplish the foregoing, however, Burton Crcck shall rcinibtusc College Station up to Fifteen Hundred Llollars {$1,500.00) for said third party c~:penscs prior to the filing of the replat. College titation shall furnish Burton Creek with true copies of all invoices, including any attorneys' fee, anti costs related thereto for Texas legal counsel. Burton Creek, a~ the contract vendee or as the then existing owner of Tract 2, shall execute the replat in co~uicCtiun with the foregoing ahancinntnent and vacation. of easement. IN WiTN~h :`5 WHEREOF, this Agreement has been entered into by College Station and Button Creek as ofthe day and year first above written. WITNESSES: ~~ ~ ~ ~ ~ Natne:_[L~: .~ ~l Name: Nc~mc: COLLEGE STATIO , L.L.C., an Alabama~,imited liab~ty company By J J . F~!'~r Managing Member K ItTON CREEK PUB, INC. Y~ Name:Br; c~,,,, h~• e Title: ~~~~~~/ Attest: ~~idO/~~..~-' Name: G/ ~ Title: Assistant Secretary STATE OF+ <t cocn~rrY or , ,Y.~ I, U1(s~rwen t; yi. _, residing in the ruuuty and state aforesaid, do certify that James M. Folmar, as a the ze~er of C:ol]egP Oration L.L.C., who is personally to me known, this day appeared before me pcrsonaIly and at:kiww(cdoed that he did sign, seal and deti~er the foregoing Agrrrment of his own free will and A~rord, for the purposes therein named and cxpres~cd. IN WITNESS WHEREOF, I have lurcunw set my hand and o~eiat seal this ,~, day of t y9b. ` '. IU. . _' - : NOT RY UBLIC1 (SEAL) Pa~c d' - .. ~ _ April ~, ]`196 restag'm~:tpm APR. -2;,' 96 (TUE) 10 ~ 46 D04YCOGBURN TEL ~ 9406099 P. OOb STATE OF ~~,p.-~. sa s COUNTY QF rD fa'Zi~S I, -~.1'i~~ S~ ~a' OS'fti~..~ c~a } , residjng in the county and stata aforesaid, do ccrtifj~ that r +" as 6 A/ Of Burton Creek P1ib. inc., who is persunally to me kno n. this day appeared before me personally and ccknowlcdgcd that he slid sign, sea! and deliver the forcgoin; Agcecttun~ of his own free will and accord, fnr the purposes therein named and expressed. 1N WITN1r55 WHERF.nF, [have hereunto set my hand and official seal tlaia IO~'~ day of r ~ , 1996. NU'1'ARY PtJALiC' {SEAL) Pale 3 tesragm2.tpm res~ DENISE CROSTFIWAIT~ ~ ~ NVIAkY PUBLIC CTaTE 9F TEXAS ~'+~v~ `y My Gomm~ss~on txpftes 5128/98 ^«~. ~ au«<e <a ea«aa«««««t<<t Avril 8, 1996 APR. -?;,' 96 (TUE) 10 ~ 4b DOWCOGBURN TELL 9406099 P. OO i EXHIBIT "A" LEGAL DESCRIPTION OF LANT~: Heing all Cra[ certain lot:, tract or paLC:Cl uL land lying and being situated in Brazos Cnunt-y, TPxa~, and being Lot QNE (1), 81ock THIRTEEN i13), SOUTHWOOD SECTION 2fi, an addition to the Cityr of College Gtation, Srsxoa County, Texas, according to the re- SubdiVlSioA plat recorded in volume SL), Pave 711, Deed Records of Sraco~ County, Ta:cas . APR.-?~'96iTUE) 10:46 DOWCdGBURN TEL:9406099 P. Q08 -"~ EXHIBIT "B" i...TA,~IN.T)O ~1V G'INB~'RS ANA ~ZANNE~S 3833 South Texas Ave., SuJte 280 Bryan, Texas 77002 (409) 846-8868 9~06p5 TRACT 7 8.4136-ACRE TRACT (366,497 S.F.), PART OF LOT t, BLOCK 13 SOUTHWOOD SECTION 2B COLLEGE STATION, 8RJIZOS .COUNTY. TD(AS Being a B.d136-acre #ract or parcel of land and being a Part of Lot 1, Block 13, Southwood Section 26, an addition to the City of Gelleg? Station, Brazos County, Texas, according N [fro plat recorded in Volume 517. Paye 711, Oeed Retards, Brazos County, Texas, and being more .particularly described follows: COMMENCING at a 3/8" iron rod fnunri at the westernmost prapcrty corner of Lot 2, Block 13, Southwood Section 28, said rod also being located on the southeasterly right of way line of Valley Vow ~rivq: THENCE S 57°22'25" W, along said t[ght di way line which is also thA nnrthwestarly boundary line of Tract 7, a Q6567.acra tract desaribcd elsewhere and which is also a par[ of said Lot 1. BIOCk 13, Southwood Section 26, for a distance of 1a2.o5' to a 1/2" iron rod pct for POINT O~ DGGINNING; THENC:F S 43°29'55" E, slang the southwesterly boundary lute of said Tract 2, fOr B distance 01231.78', tv a nail set at the southernmost property rornar of Tract 2; THENCF_ N 46°30'05" E, along the ~outheasterty boundary line of Tract 2, for a dlstance of 16.00' to a nail set at the westernmost property corner of Tract a, a 0.8375-acre tract described elsewhere and wliicJi i~ nl~o pert of lot ~, 91ock ~3, Southwood Section 16; THENCE S 4:1°29'55" E, along the s~+rthwestrJy baun,~sry line of Tract 4, a 0.6375-acre tract which is earl of seid Lot 1, OJock 13, tGr a distance of 317.15' to a 1/2" Iron rod. set at the c~uthernmost property earner of said Tract 4, said rod also .being located on the noirthweslerly right of way Ilne of F.M. 2818 Service Road: THENCE S 19°52'50° W, along Said F.M. 2818 right of way line, for a dlstance of 240.07' to a 112" iron rod sound for corner; THENCE S 42°a3'os" W, continuing alr5ng said rightof way line, for a distance of 330.83' to a 1/2" iron rod found qt the southernmost property corner of the referenced Lot 1, ®Iock 13, Southwood Section 26, said iron rod set also marking the intersection of tho northweeterJy right of way line of F,M. 2818 Service Road and the norttre+~terly right of Way line of Longmire Qrivp; THENCE N 43"29'55" W, continuing along said northsaetcrly right of way lino of Longmire Drive, for a distance of 3aa,0o' tv a 1I2" iron rod set; THENCE Continuing along seid Longmire Drive right of way fine which Js s curve to the left witEi tFre following dnta: chord 2E38.ts', cltorcl bearing N 54'34'52" W, radius 750.00', arc 290.00', delta angle 22"09'1fi", to s 112" iron rod found at ite intcr:,ECtion with .the southeasterly right of way line of Valley View Drive; THENCE along said Valley View Drive right of way line which is a curvy tv ttre right with the following date; chord 433.72', chord bearing N 40"34'00" E, raditra 750.00', arc 440.00', dclt3 angle 33°36'49", to a 1 J2' iron rod found, snid right of way line also being also being the nOnhwesterly boundary lin? of Lot 1, Block 13, 5authwo~d S?ction 26; Af'R. -?~' 961TUE) 10:4i DOWCOGBURN TEL:906099 P. 009 THENCE N 57°:2'25° E, continuing along Palley Vlew Drive southea5[erly right of way lino, far a dictance of 1b5.5t7' to the POINT nF BEGfNN1NG, containing 8.4136 acres of land, mare of less. ~~ L Chrtstlan Q. Galindo, P.E. #53425, R.F'.LS. # 4473 April 4, t 996 Naias; Bearing brio is Plat of Southwood, Section 2G, recordeJ in Volume 517, Page 711, 08ed RBCOrds, 81aZOS County, Tex~a. APR. -?3' 961TUE) 10:41 DO~COG$URN TEL:940(,099 P. 010 E~itiIBIT "C" 1rA.Ll.NDO ~C NG.INE.L~R.s A.~V~ PLAN1V~11S- 3833 Sn«th Texas Ave., Sulte 280 Bryan, Texas 77802 {4U9) 846-886A 3-9602 TRACT 2 0.6567-ACRE TRACT (28,605 S.F;}, PART OF lOT 1, BLOCK 13 SOU7HWOOD SECTf4N 26 COLLEGE STATION, BRAZOS COUNTY., TEXAS Being a 0.6587-acre tract yr parcel of land and a being Part cf lot 1, Block 13, Southwood Section 29, an addition io tha City of Collcgo Station, Drazos County, Texas, according. to the plat rprnrriAd in Volume 51 Y, Page 711, Oppd Records., Srazos County, Texas, and being more particularly described as follows: BEGINNING at a 3/8" iron rod found st the westernmost property cUrner of Lot 2, Black 13, Southwood Section 26, said rod also being Jocated nn the southeasterly right of way line of Valley Yew Drive; ~I HENCE S 43°29'55° E, along the southwesterly F~oundary line ui said Lot 2, for a dlstance of 165.00' to a 112" iron tad taund marking the eacrRrnmost property corner of this 0.6566-acre tract and the aouthcrnmosi property Comdr ~f Lot 2; THENCE S 23°14'01" W, 8cross Lot 1, Block 13, slang the corrtman boundary line between Tract 2 and Tract 3, a 0:6207-acre tract descrit~rd elsewhere arts winch is also a part of lot 1, Block 13. Southwood Section 28, for R dlstance of 1 ot,23' to 3 nail set in the asphalt; THENCE S 4s°30'05" W, continuing across Lvt 1, Black 13, along the common boundary line betwaan 1 tact 2 and Tract 4, a 0.6375-acre tract described elsewhero and which is also a part of Lot l , 131ock 13, Soulhwood Section 2s. for a dlstance of as,Stl' to a nail set in the asphalt; THFN(_:E N 43°29'55" W, continuing across Lot 1, Block 13, for a distance of 231,78' to a 1J2" Iron rod set on the southeasterly right of way ling of Valley Viow Drive; THENCE N 57°22'25" E, along Enid right of way line, for a di~tarice of 142.05' [o the POINT OF BEGINNING, cont8intng 0.8567 ar_res of land, meta or lass, ~. ~ ~. ., • ~\ ~'~ , , ~~ ~ ~ ~. .~ . Chrlstlau al ado, P.E. # 53425, R.P.LS. # 4et73 April 4, 188 otas~ Bearinr~ bRSe is plat of Southwood, Scctian 26, recorded in Volu~rie 517, Page 71 1, Deed Records, Brazos County. Texas. APR. -23' 961TUE1 1045 DOWCOGBURN TEL:940C099 P. Q11 EXt11HIT "D" GALIIYDO ~~V~IN~F. RS ANA ~LA.IVIV~RS 3A33 South Texas Avs., Suftc 280 Bryan, Texas 77802 {409) 848-8868 TRACT 3 0.607-ACRE TMCT (27,036 S.F.), PART Orr LOT 7, t1LUCK 13 SOUTI-{WOOD SECTION ~6 COLLEGE STATION, BHAZOS COUNTY, TEXAS 9-9603 Being a O.t)207-acre tract ar parcel of Land and being s Part of Lot 1, Block 13, Southwood Section 26, an addition to the Ciry of Corlege Station. 6razos County, Texas, According to the plat recordcd in Valumv 517, Page 711, Dced .Records, Drazos County, Texas, and berrlg more particularly described as follows: COMMENCING st a 3J8" iron rod found at the westernmost praperry Corner of Lot 2, block 13, Southwood 5actian 9Fi, said rod also being located the southeasterly right of way line of Palley View Drive; THENCF_ S d3°29'55" E, along the southwc;,tarly boundary line of said Lot 2,1or a distance of i 65.t}U' t0 a I/2" Iron rod sound marking the sauthprnmost property corner of this Lot 2 for the POINT OF BEGINNING; THENCt: N 46°30'05" E, elnnr~ th9 southeasterly boundary line of paid. Lot 2, ?or a distance of 185.00', to a 112" Iron rod found marking the easternmost properly corner of Lot 2, sairi rnrl also being located on the southwosterly right of wrsyline of Texas Avenue South SaiYi~e Rvad; THENCE S 26°34'05° E, continuing along Bald tlgttt of way line for a distance of 62.50' to a 3JR" iron rod frnmd; THENCE S 10°11'10° C, continuing aloiry said right_of way Ilne for a distance of 152.50' to a 112" iron rod set marking the northernmost property eornot of Tract 4, tt 0,8375-acro tract described clsewiiere and which is also a part of Lot 1, BIoCk 13, Southwood Sectinn 26; THENCF_ S 89°3x'28" W, along the common boundary line between Tracts 3 and 4, fur a distance ofi 216..48', to a Hell Set on the southeasterly bounddary line of Tract 2, a 0.6567-acre tract describod elsewhere and which is also a Hart of Said Lot I, BIoCk 13; TH€NCE N 23"14'01' E, along the common boundary lino between eaid Traat~ 2 and 3, for a distance of 101.23' to the POINT OF $EGINNING, Containing 0,6207 acres of land, mores ~r less. L~ 1~GLs'c6~'~ Chtlstl3n ~do, f'.E. ~ 6342G, R.P,L.,B, {f 4473 ~, ; ' •` ~' '~ April 4, 1896 ' ~ ~'. ' ~~ ~ ~ r ~~• :, .< < Notes: bearing base is Plat of Southwood, Section ~8, recorded in Volumo 517, Psge~711; Doed . ~,' . Records, 6razos County, Texas. r• , : ; ~, ~ 'I.~ , .~ ~ ~ ~' °~t'R. -?,;' 9G (TUE) 10:49 DOWCOGBURN TEL:440G099 P. O1? EXHT.RTT "F." GALIN.UU ~NG~NE~"RS AlYD ~I.~.~1TN.L'RS 3833 South Texas Ave., Salta Z80 Bryan, Texas 77002 (409 846-8$68 TitACT 4 0.9375-ACRE TRACT (3fi,dA1 S.F.), PART OF LOT t, BLOCK 13 80UTtiWOOD SECTION 2C Cnt.LEGE STATION, 8AAZOS COUNTY, TEXAa e asaa Being a ~.8375.acro tract or ps3rocl of land end being Part of Lit 7, flock 13, SeUthwood Section 26, en addlivn to the City of CaUege Station, Brans County, 'faxes, zccording to tho plat retarded in Volurrre 517, Pagc 711, Deed Records, Srazas Courtly, TexBS, and being more parifculArly described as follows: BEGINNING 8t S 3111" fort rod found at the westernmost property corner of Lot 2, Block 13, said rod also being located on the southca~terly right of Way Ilne of Valley View Drive; THENCE S 43"29'55" E, e-nnc,1 a the southwosterly boundary line of said Lot, for a distance vi 163,00' to n t/2" iron rid found marking the southernmost property corn?r of l.ot 2; 1 HENCE S ?3°14'01" W, along tho common boundary line bcirveen Tract Z and Tract 3, a 0.6567-acre tract and a O.d207-acre Vact described alsewharr~ and which aro also parts of Lot 1, 81ock 13, Southwood Section 2B, a distance al 101.23' t0 81/2" iron .rod set tar POINT OF AFrINNWr; THENCE Nay°34'ZS" E, along the common boundary line between Tracts 3 and 4, a 0.6375-acre tract described elsewhere sari which is also a part o1 Lot 1, block 13, tar a distance of 218.49' to a t(2" iron rod found an the southweetcrly right of way lino of Texas Avenue 3uuth Service Road; THENCC S 10°t 1'10" E, continuing slang Sold light of way line, Sor a distance of 133.:19' to a 1/2` iron rod set; THENCE S is°52'50" W, wntinuing slang sold right ofiway line, for a distance of 199,0T to a 1/2` iron rod set an tho northwesterly right of way tine of F.M. 281 B ~ervicc Ruad; THENCE N 4.9°Z9'.riri" W, anus Lot 1, Block 13, far a distance of~317.15' to a nail set on the southeastQrty haundary lino of said Tract 2; THENCE N 46°30'05" E, continuing alony ttte common•bound8ry between said 'I racts 2 end a, for a distance of 311.50' to the POII~tT OF BEGINNING, containing 0,8375 acres of land, more or less. ~:. , - ~ ,~ .. ~ . '-K"~ ~~ , Chris n tl`G~lltrdacP.E. # 53425, R.P.LS, # 4x73 `~ • ~ ,- April 4, 1998 .~ , , Notes: Bearing ba9e is riot of Soutliwvud, Section 26, recorded In volume 517, Page 711, Deed Records, Brazos County, Toxzs, ~PR.-?~'96lTUE) 10:~9 DQWC4GBURN TEL:940U099 P. 013 ~ ~ i i I -' ~ ..o L+J P 7 S 07 _~.~ r ./ ~~ ~ ,o• ;tee, ~~ ~~~5~~~~ti ~ ~°~ ate' ~''~/ 2~% ~~ ~~~ J¢ ~ % C ~ ~~~ ~' I : yP M ~ ~~ v 5 / a ~ ~ 10 ~ ~ ~\~~~ 3 •,9~ ~ cD ~..~ 'e ~ \ g 9.e ~ + a~ -~ ~ _ ~- - ~ ~~ a ~.~Ja• ~ w \ ~ ~ - '~ r. f+i-•~ N met, to ~ e'er ~ l - _\ q of + '~ ~ 1 ~ ..~ ~ ~ ~ ' h f s W ~`` \\ ~ to a•• .-- •S a' ~~ o ~ ~~? .~.~,~ `~r~~. i ~ 3_ f~j~ I~~C~ ~ ~n ~\ \ t ~~ O^, ~ iC yq ~_ ~NQ ~C of vWi ~ l ~ ~ a ~^ :.. ~ `; c o 4r~ ~ 3 pBO b gOC 3 3~ ~ _~! 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J Nti al _ ; I- N 4{ ~ , ~ ` .'`/ ./~ ~.~ f r- C-~,~,-~ ~r ~~~•v o /, ~~~ ; * ~ a J, ~ ` ! e ~~ .- ai °. •` ^'. r h n •f' ~. .1: I ddb ~ti~ ~ ~' ,~1~I .~ ~ ~'~ ~) :' ~ ~ % ~ ~. ~~ ~a / ~ / fat L <~ ~ i //f ~ ~ 0~ '• t~^ •, 1r~, ~~ ~ ~ ~ ti ~. ~~ . / / ~ ~~+~ V~* 7 ~~ ~' '~~ SCaLE: ~' ~y \ A ~ --QED,/111YLT •ioor. ~~{\Y ~ 1 x7oa SaurE+ TExuS wE. col.~>;c~ sxnaN. rx naaa EXHIBIT "G" 10.5284 ACQES (R J o-w/eraert•. LOTS I, 2. 3 dC ~, (;11QC1( 1 ary ws L .w^ +^el[G ~ ' cio I tlFUtNO7WINE SUBOIVtS(ON 9~9fi ~-~aLlIY00 ENClN£EzS .eNn DLJNIV£FS „rt ~ -~ -- ~ :OILEGE STaApH, TDG:TS ec~s»rt swfu u+1 fa.llw Ip-1 aaL 9+R rya IRY. lfLt./M7 w.aW.a. ~ .••a •-.• rn.•a (-..+ I 41'q f•rj, _~ ^p-~1 T ~ T t•mlwsR r I.l•1 dY ~m~~ ~,wra s,.~•. Od I as'3!w ~~ ` ~ ~ ~~ y c„ ,~~ ~:~, L ~ 1 • Vic. - 00 ~ ,~, , j ~ ,,j . ° ~,r . ~~~ ~6 0 0~,,~ ~~ ~. ~~~ ~~e - ',COQ ~~~. ~~. ,. F `' ~, `fi0. 40`~~1~1 ~~5.~~~N c. ~~~,~ ~~ ~ ;~ a 4~ cA ~~` 1 o ,~ ~~ s e k~l ~ . Gj ~v ~?` `~ +~ ~~ s t^+ C~ Tl -~.~.~.----_r__ .. ~.. x~ ,68'Sg~ ~~ `~ a~ Gg~~ ~y~~,r"~`a~r`- ~~~ ~C. n, L "A ~' W yy`" ,/{ ~ {~ i ~~ r ~ ,0~ ZIT" f I Z ~ `~\ Wl~f~ ~~ ~. ~ yj~ ~` cr ~ ~ j ~, --~. ~)~!~ \ ~. (~ t f--~ '~ i ~ ~b2 ~ f U l ~, ~ ~ ~ ~~. So o°~ I QI 35% L ~ N ~ S 23c~ ~ ,_ ~ ~L, .~ ~ 6 ski ,r e ~ 1 L ~ --, c~ ~ ® 6S ~;- ,` ,> ',~~,,¢~ C1~. ter;. _~, ~ ~ ~` i.: ~.. ~- ~.- ~ ,Gt ~ti ~ ~ r ~ ~' i ~-1 Via: . atr~ ~ i `c~~ ~ d ' ~~~ ~ r `~, - (~ 5`?~3 .RESTRICTIVE COVENANTS, CONDITIONS RESTRICTIONS, LICENSE AND EASEMENT AGREEMENT ~~ ~ ,,,, ~ ~ i r~' ~ r f ~1,^ .,. THIS AGREEMENT ("Agreement") is made as of this 14thday of '~ 196, by ;, ~,. and between COLLEGE STATION, L.L.C., an Alabama limited liability company'('--'~olle~e _ :,~ Station") and BURTON CREEK PUB, INC., a Texas corporation ("Burton Creek") ~, ' WITNESSETH: WHEREAS, College Station is the owner of certain property located in Brazos County, Texas described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, the Property is comprised of the Shopping Center Parcel ("Tract 1" or the "Shopping Center Parcel") described in Exhibit "B", the Tract 2 Parcel ("Tract 2") described in Exhibit "C", and the Tract 3 Parcel ("Tract. 3 ") described in Exhibit "D", and the Tract 4 Parcel ("Tract 4").described in Exhibit "E"; and WHEREAS, Burton Creek is the owner of certain property located in Brazos County, Texas, described in Exhibit "F" attached and made a part hereof by reference which abuts the Property (the "Abutting Property"); and WHEREAS, College Station and Burton Creek have entered into an Agreement of Sale dated April _, 1996, whereby Burton Creek has agreed to purchase from College Station Tract 2; and WHEREAS, College Station has agreed to sell Tract 2 to Burton Creek so long as Tract 2 and the Abutting Property are encumbered by the covenants, conditions and restrictions set forth in this Agreement. NOW, THEREFORE, .College Station and Burton Creek hereby agree that Tract 2 and the Abutting Property shall be held, transferred, sold, conveyed and occupied subject to the covenants, conditions and restrictions hereinafter set forth. ARTICLE I PERMITTED AND PROHIBITED USES. LICENSE AND EASEMENTS 1. Tract 2 may be used for parking and a building which is attached to the existing building located on the Abutting Property or a single new structure built partially on Tract 2 and the Abutting Property, subject to the limitations set forth in this Agreement or other improvements, provided the building (or portion thereof) located on Tract 2 shall not exceed twenty-two (22) feet in height and shall meet all on-site governmental parking ratio requirements. 2: Burton Creek covenants and agrees that, it shall not lease, rent or occupy or permit any premises on Tract 2 or the Abutting Property, to be occupied for any sale of adult, x- Page I restagm3.tpm May l3, 1996 rated materials or adult x-rated videos, lingerie modeling shop, massage parlor, tattoo parlor, pawn shop, .sales or storage of automobiles, trucks or recreational vehicles of any kind, ice skating rink, skating rink, bowling alley, gas station or laundry and/or dry cleaning establishment. 3. There shall be no cross easements for parking among the Shopping Center Parcel, Tract 3, Tract 4 and Tract 2, together with the Abutting Property. Notwithstanding the granting of certain cross-easements in that certain Brandywine Subdivision Replat recorded in Volume _, page ,Deed Records of Brazos County, Texas, the limitations set forth herein shall control and shall be binding upon the owners of all the parcels described herein. However, College Station hereby reserves unto itself, its successors and assigns, an access easement ("Tract 2 Easement") over, across, and through Tract 2 for access from the Abutting Parcel (which has access to Valley View Street), to the Shopping Center Parcel. Burton Creek hereby grants to College Station, its successors and assigns, a perpetual non-exclusive access easement ("Restaurant Easement") over and across the Abutting Parcel to Tract 2, Tract 3 and Tract 4 for the benefit of Tract 3 and Tract 4 from Valley View Street (with respect to Tract 2) and from F.M. 2818 Service .Road (with respect to Tract 3), commencing at the curb cuts indicated on the site plan described in Exhibit "G" attached hereto and incorporated by reference herein (the "Site Plan"). College Station, at their sole and absolute discretion, shall have the right at any time to close either or both access points at into the Shopping Center Parcel from Tract 2 and into Tract 3 from the Abutting Property (any such closure thereby terminating the affected easement). If College Station elects to close either or both access points, Burton Creek shall not have the right to request from the City of College Station any additional curb cuts onto Valley View Drive. All of the aforesaid access easements shall be a) non-exclusive, b) subject to all matters of record, 3) for the purpose of vehicular (but not service vehicle) ingress and egress, and 4) having a width equal to the lesser of their existing width or twenty-three feet. Burton Creek may, in its discretion, relocate (from time to time) either or both of the aforesaid easements at its cost and expense. 4. The owners of the Shopping Center Parcel, Tract 2, Tract 3 ,Tract 4 and the Abutting Property shall each maintain their own respective parcels; 5. College Station hereby grants a license for Burton Creek to have an amount of tenant signage on the Shopping Center pylon sign equal to any other single tenant utilizing the sign. A condition of the license is -that Burton Creek shall contribute its proportionate share of the cost of the manufacture, installation, monthly utility service, insurance, maintenance and replacement cost of the Shopping Center pylon sign. Tenants located on the Shopping Center Parcel, Tract 3 and Tract 4 .shall have a preference as to the location of their names on the Shopping Center pylon sign. Burton Creek shall pay its proportionate share of the costs set forth above within thirty (30) days of the date of receipt of true copies of invoices from third party vendors for services and materials. In the event Burton Creek fails to pay any sums due within thirty (30) days of written demand, the license portion of this Agreement shall terminate at the election of College Station by filing written notice of termination under oath in the public records of Brazos County, Texas. College Station reserves the right to redesign, rebuild and relocate the Shopping Center pylon sign anywhere within the Property without the consent of Burton Creek and can terminate this License if they are not in agreement with the decision of College Station; Page 2 May 13, 1996 restagm3.tpm provided Burton Creek shall not pay any portion of costs associated with any such redesign, rebuild or relocation. ARTICLE II ENFORCEMENT PROVISIONS Failure of College Station, or any successor, grantee or assign of College Station or any tenant. or subtenant of College Station or its successors or assigns to comply with the provisions of this Agreement shall provide Burton Creek and its successors and assigns with the right to bring legal action in law or inequity, including but not limited to an action for injunctive relief, damages, or a combination thereof. Failure of Burton Creek or any successor, grantee or assign of Burton Creek or any tenant or subtenant of Burton Creek or its successors and/or assigns to comply with the provisions of this Agreement shall provide College Station and its successors and assigns the right to bring legal action in law or in equity, including but not limited to an action for injunctive relief, damages or a combination thereof. All costs and expenses incurred by the prevailing party in terminating or resolving a violation of this Agreement, declaratory judgement or otherwise, inclusive of attorneys' fees (whether or not litigation is instituted), shall be the responsibility. ofthe owner, tenant or subtenant determined to be in violation. Failure by either College Station and its successors and assigns or Burton Creek and its successors and assigns to enforce any covenant, condition or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter by College Station, Burton Creek or their respective successors or assigns. ARTICLE III GENERAL PROVISIONS 1. Duration. The covenants, conditions, restrictions, license and easements of this Agreement shall run with and bind the Property and the Abutting Property, including Tract 1, Tract 2, Tract 3 and Tract 4, and shall inure to the benefit of and be enforceable by College Station and/or Burton Creek or their respective successors, grantees or assigns, or any tenant, assignee or subtenant of College Station or Burton Creek or their respective legal representatives, heirs, successors, and assigns for a term of ninety-nine (99) years from the date this Agreement is recorded. 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Notwithstanding the foregoing, any amendment to the Tract 2 Easement shall require the written agreement of only Burton Creek and the owner of Tract 1; and the Restaurant Easement may be amended by a written agreement only among Burton Creek and the owners of Tract 3 and Tract 4. 3. Condemnation. Nothing herein shall be construed to give College Station any interest in any award or payment to be given to the owner of the Abutting Property or Tract 2 in connection wit the exercise of any eminent domain, condemnation or transfer in lieu thereof. Page 3 May 13, 1996 b restagm3.tpm 4. Electrician Easement. The parties acknowledge that at the request of Burton Creek, College Station relocated the electrical easements on Tract 2 prior to recording the Replat so as not to interfere with Burton Creek's rights hereunder and in consideration Burton Creek shall pay to College Station the sum of Four Thousand Dollars ($4,000.00), simultaneously with the closing of the acquisition of Tract 2 by Burton Creek. 5. Prohibitions Aa7ainst Resubdividin>?. Burton Creek acknowledges that as a condition of the approval of the Replat by the City of College Station, neither Burton Creek nor its successors or assigns shall have the right to seek or obtain a resubdivision of Tract 2. iN WITNESS WHEREOF, this Agreement has been entered into by College Station and Burton Creek as of the day and year first above written. WITNESSES: i Name:~~ ~ r j-vt ~ h ~ . ~/~va~~.s~ COLLEGE STATION, L.L.C., an Alabama limited liab' ' compan By Jam . Fol anal?in~ Member ~~ ~~ Name: ~ ~ ,,,,® t= • J`~0 ~ -per f Name: - ~+(1 CREEK PUB, INC. Name:~:~~ wl~ '~ ~' - Title: f ~~'~ S~ ~'~yt~ Attes • ~~~-----~.---~ Name: ~~-i~~.,~. ~} ~:~'~' Title: Assistant Secret<lr~ STATE OF d. Y COUNTY OF cj e~ I, a. ,~ - ~ ~' ~5 ,residing in the county and state aforesaid, do certify that James M. Folmar, au orized ember of College Station L.L.C., who is personally to me known, this day appeared before me personally and acknowledged that he did sign, seal and deliver the foregoing Agreement of his own free will and accord, for the purposes therein named and expressed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this ~ day of , 1996. ~'~; N TAR PUBLI~ (SEAL) Page 4 May 13, 1996 .P~.~.,.,,z ,.,.., STATE OF _ L COUNTY OF f Q.~t I, (~~ h L. ~ t [.[~if~/17 ,residing in the/county and state aforesaid, do certify that ~r~ ~r(~{J/ QLL,GL-~" of Burton Creek Pub, Inc., who is personally to me known, t is day appeared before me personally and acknowledged that he did sign, seal and deliver the foregoing Agreement of his own free will and accord, for the purposes therein named and expressed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this ~S day of 1996. ~~ ~• ~7~G2~i~/YI NOTARY PUBLIC (SEAL) Y ?~j'~ ~ ROBIN!.. HOL~ERMAN *{ Notary Public, State of Texas ~, My Commission Expires NOVEMBER 1,1999 Page 5 May 13, 1996 restaQm3.[pm E~CHIBIT "A" LEGAL DESCRIPTION OF LAND: Being all that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas, and being Lot ONE (1), Block THIRTEEN (13), SOUT&WOOD SECTION 26, an addition to the City of College Station, Brazos .County, Texas, according to the re- subdivision plat recorded in Volume 517, Page .711, Deed Records of Brazos County, Texas. EXHIBIT "B" -; GALINDO ~NGINBERS AND PLANNERS 3833 South Texas Ave., Suite 280 Sryan, Texas 77802 (409) 846-8868 9-9605 TRACT 1 8.4136-ACRE TRACT (366,497 S.F.), PART OF LOT 1, BLOCK 13 SOUTHWOOD SECTION 26 COLLEGE STATION, BRAZOS COUNTY, TEXAS Being a 8.4136-acre tract or parcel of land and being a Part of Lot 1, Block 13, Southwood Section 26, an addition to the City of College Station, Brazos County, Texas, according to the plat recorded in Volume 517, Page 711, Deed Records, Brazos County, Texas, and being more particularly described as follows: COMMENCING at a 3/8" iron rod found at the westernmost property corner of Lot 2; Block 13, Southwood Section 26, said rod also being located on the southeasterly right of way line of Valley View Drive; THENCE S 57°22'25" W, along said right of way line which is also the northwesterly boundary line of Tract 2, a 0.6567-acre tract described elsewhere and which is also a part of said Lot 1, Block 13, Southwood Section 26, for a distance of 142.05' to a 1 j2" iron rod set for POINT OF BEGINNING; THENCE S 43°29'55" E, along a southwesterly boundary line of said Tract 2, for a distance of 231.78', to a Wait set at the southernmost property corner of Tract 2; THENCE N 46°30'05" E, along the southeasterly boundary line of Tract 2, for a distance of 16.00' to a nail set at the westernmost property carnet of Tract 4, a 0.8375-acre tract described elsewhere and which is also part of Lot 1, Block 13, Southwood Section 26; THENCE S 43°29'55" E, along the southwestrly boundary line of Tract 4, a 0.8375-acre tract which is part of said Lot 1, Block 13, for a distance of 317.15' to a 1/2" iron rod set at the southernmost property corner of said Tract 4, said rod also being located on the northwesterly right of way line of F.M. 2818 Service Road; THENCE S 19°52'50" W, along said F.M. 2818 right of way fine, for a distance of 240.07' to a 1/2" iron rod found for corner; THENCE S 42°43.'05" W, continuing along said right of way line, for a distance of 330.83' to a 1/2" iron tad found at the southernmost property corner of the referenced Lot 1, Block 13, Southwood Section 26, said iron rod set also marking the intersection of the northwesterly right of way line of F.M. 2818 Service Road and the northeasterly right of way line of Longmire Orive; THENCE N 43°29'55" W, continuing along said northeasterly right of way line of Longmire Drive, for a distance of 380.00' to a 1/2" iron rod set; THENCE continuing along said Longmire Drive right of way line which is a curve to the left with the following data: chord 288.19', chord bearing N 54°34'32" W, radius 750.00', arc 290.00', delta angle 22°09'16", to a 1/2" iron rod found at its intersection with the southeasterly right of way line of Valley View Drive; THENCE along said Valley View Drive right of way line which is a curve to the right with the following data: chord 433.72', chard bearing N 40°34'00" E, radius 750.00', arc 440.00', delta angle 33°36'49", to a 1/2" iron rod found, said right of way line also being also being the northwesterly boundary line of Lot 1, Block 13, Southwood Section 26; THENCE N 57°22'25" E, continuing along Valley Vew Drive southeasterly right of way line, for a distance of 155.50' to the POINT OF BEGINNING, containing 8.4136 acres of land, more or less. ._.~ Christian A. Galindo, P.E. # 53425, R.P.LS. # 4473 April 4, 1996 Notes: Bearing base is Piat of Southwood, Section 26, recorded in Volume 517, Page 711, Deed Records, Brazos County, Texas. EXHIBIT "C" GALINDO ENGINEERS AND PIANNERS 3833 South Texas Ave., Sulte 280 Bryan, Texas 77802 (409) 846-8868 TRACT 2 0.6567-ACRE TRACT {28,605 S.F.), PART OF LOT 1, BLOCK 13 SOUTHWOOD SECTION 26 COLLEGE STATION, BRAZOS COUNTY, TEXAS 9-9602 Being a 0.6587-acre tract or parcel of land and a being Part of Lot 1, Block 13, Southwood Section 26, an addition to the City of College Station, Brazos County, Texas, according to the plat recorded in Volume 517,. Page 711, Deed Records, Brazos County, Texas, and being more particularly described as follows: BEGINNING at a 3/8" iron rod found at the westernmost property corner of Lot 2, Block 13, Southwood Section 26, said rod also being located on the southeasterly right of way line of Valley View Drive; THENCE S 43°29'55" E, along the southwesterly boundary line of said Lot 2, for a distance of 165.00' to a 1/2" iron rod found marking the easternmost property corner of this 0.6566-acre tract and the southernmost property corner of Lot 2; THENCE S 23°14'01" W, across Lot 1, Block 13, along the common boundary line between Tract 2 and Tract 3, a 0.6207-acre tract described elsewhere and .which is also a part of Lot 1, Block 13, Southwood Section 26, for a distance of 101.23' to a nail set in the asphalt; THENCE S 46°30'05" W, continuing across Lot 1, Block i3, along the common boundary line between Tract 2 and Tract 4, a 0.8375-acre tract described elsewhere and which is also a part of Lot 1, Block 13, Southwood Section 26, for a distance of 46.50' to a nail set in the asphalt; THENCE N 43°29'55" W, continuing across Lot 1, Block 13, for a distance of 231.78' to a 1/2" iron rod set on the southeasterly right of way line of Valley View Drive; THENCE N 57°22'25" E, along said right of way line, for a distance of 142.05' to the POINT OF .BEGINNING, containing 0..6567 acres of land, more or less. . . ~ ~ ~. . ..•, ;, ,. , .~ ~ ~ , ~~/~L . ~1. __ . ~- Christian aiindo, P.E. # 53425, R.P.L.S. # 4473 April 4, 1996 Notes: Bearing base is Plat of Southwood, Section 26, recorded in Volume 517, Page 711, Deed Records, Brazos County, Texas. EXHIBIT "D" GALINDO ENGINEERS AND PLANNERS 3833 South Texas Ave., Suite 280 Bryan, Texas 77802 (409) 846-8868 TRACT 3 0.6207-ACRE TRACT (27,036 S.F.), PART OF LOT 1, BLOCK 13 SOUTHWOOD SECTION 26 COLLEGE STATION, BRAZOS COUNTY, TEXAS 9-9603 Being a O.fi207-acre tract or parcel of land and being a Part of Lot 1, Block 13, Southwood Section 26, an addition to the .City of College Station, Brazos County, Texas, according to the plat recorded in Volume 517, Page 711, Deed Records, Brazos County, Texas, and being more particularly described as follows: COMMENCING at a 3/8" iron rod found at the westernmost property corner of Lot 2, Block 13, Southwood Section 26, said rod also being located the southeasterly right. of way line of Valley View Drive; THENCE S 43°29'55" E, along the southwesterly boundary line of said Lot 2, for a distance of 165.00' to a 1/2" iron rod. found marking the southernmost property corner of this Lot 2 for the POINT OF BEGWNING; THENCE N 46°30'05" E, along the southeasterly boundary line of said Lot 2, for a distance of 165.00', to a 1/2" iron rod found marking the easternmost property corner of Lot 2, said rod also being located on the southwesterly right of way line of Texas Avenue South Service Road; THENCE S 28°34'05" E, continuing along said right. of way fine for a distance of 62.50' to a 3/8" iron rod found; THENCE S 10°11'10" E, continuing along said right of way line far a distance of 152.50' to a 1/2" iron rod set marking the northernmost property corner of Tract 4, a 0.8375-acre tract described elsewhere and which is also a part of Lot 1, 81ock 13, Southwood Section 26; THENCE S 89°34'28" W, along the common boundary line between Tracts 3 and 4, for a distance of 216.49', to a nail set on the southeasterly boundary line of Tract 2, a 0.6567-acre tract described elsewhere and which is also a part of said Lot 1, Block 13; THENCE N 23°14'01" E, along the common boundary line between said Tracts 2 and 3, for a distance of 10123' to the POINT OF BEGINNING, containing 0.6207 acres of land, more or less. ,~ •~ ~ . _ Christian alindo, P.E. # 53425, R.P.L.S. # 4473 : ' ~'' ~' April 4, 1996 ~ ~ `r. ,~ ~~ ~ . ~ ~ ~ 1 ~ `~ ,\ ~ ~ Notes: Bearing base is Plat of Southwood, Section 26, recorded in Volume 517, Page:171 i; Deed ..;•~~ •.;' Records, Brazos County, Texas.. ' ~• .,• :~ \.`.~ ~~~ -- -- - EXHIBIT "E" GALINDO .ENGINEERS AND P.rA_NNERS 3833 South Texas Ave., Sufte 280 Bryan, Texas 77802 (409) 846-8868 TRACT 4 0.8375-ACRE TRACT (36,481 S.F.), PART OF LOT 1, BLOCK 13 SOUTHWOOD SECTION 26 COLLEGE STATION, BRAZOS COUNTY, TEXAS 9-9604 Being a 0.8375-acre tract or parcel of land and being Part of Lot 1, Block 13, Southwood Section 26, an addition to the City of College Station, Brazos County, Texas, according to the plat recorded in Volume 517, Page 711, Deed Records, Brazos County, Texas, and being more particularly described as follows: BEGINNING at a 3/8" iron rod found at the westernmost property corner of Lot 2, Block 13, said rod also being located on the southeasterly right of way line of Valley View Drive; THENCE S 43°29'55" E, along a the southwesterly boundary line of said Lot, for a distance of 165.00' to a 1/2" iron rod found marking the southernmost property corner of Lot 2; THENCE S 23°14'01" W, along the common boundary line between Tract 2 and Tract 3, a 0.6567-acre tract and a 0.6207-acre tract described elsewhere and which are also parts of Lot 1, Block 13, Southwood Section 26, a distance of 101.23' to a 1/2" iron rod set for POINT OF BEGINNING; THENCE N 89°34'28" E, along the common boundary line between Tracts 3 and 4, a 0.8375-acre tract described elsewhere and which is also a part of Lot 1, block 13, for a distance of 216.49' to a 1/2" iron rod found on the southwesterly right of way line of Texas Avenue South Service Road; THENCE S 10°11'10" E, continuing along said right of way line, for a distance of 133.39' to a 1/2'° iron rod set; THENCES t9°52'50" W, continuing along said right of way line, for a distance of 129.0T to a 1/2" iron rod set. on the northwesterly right of way line of F.M. 28i 8 Service Road; THENCE N 43°29'55" W, across Lot 1, Block. l3, for a distance of 317.15' to a nail set on the southeasterly boundary line of said Tract 2; THENCE N 46°30'05" E, continuing along the common boundary between said Tracts 2 and 4, for a distance of 30.50' to the POINT OF BEGINNING, containing 0.8375 acres of land, more or less. .; ~ ~; ~~ , ~ .. Chris ' c~A.`G~1[ndo; P.E. # 53425, R.P.LS. # 4473 `,1 ~ ~,~ ,` April 4, 1996 ~ ~ '~ Notes: Bearing base is Plat of Southwood, Section 26, recorded in Volume 517, Page 711, Deed Records, Brazos County, Texas. __ __ i ~'~~a 3a . ~~ ~ it ~y ~L, ~p~~~~ ~ , ~ ~ 1 w ° ~ ____- ~ r ~~r ~ ~ S av F, ~~ ~ ~,,,s f - ., S PGA ~ ~ ~~ ~- -~ ,a• ~'£ a_ ~ ~ Std ,,a° ~,~ / 5~ 4 tS~~ 1, ~ ~' ~.; 6~ / .s- oa• C / .. ,. v L ~A OJ ' / ~~ NQ~ J ~T ` aa. ,~ ~ ~ / ' a 5 io '- z .•~,• ~ C 'o ` ~ •• • ~ ~1~ ~~ ~ ~n ~ i ~~ raj ~ 5 a ,~y~Q• _ ~ ~ ~ ~ as J.a rt'C /ytti. ~ ~,,, ~ ~ N Q ~ ~~ Ur-J • o v ~ U1 t.[) CL cv a ~ ~, ~ ~ act ° ~°~a ~ '*' ~ ~ l .~ ~ a _ ~V t~ H a'Dt • ~ '~ ~ 't' O ~- d ~u .s o rs 0 'l ..~ •. oe. ~g ~ Q Vv v, a o ~ ~ .Q ~ (.+ A7~ << ~ \ \ as r~r~i•, ~ ~ ~ = ~ _ J ?6 u -- .~ s V ~ i ~ 4'i r ° ,~ ~ a~ ~ ~ ~~ ~ ~r ~o ~ Q1Z ~~~W ~ \ \ ~ ~••. OV 4] ~2 - oN0 S O ~ ~ ~ ~ ` p fir. v w ~in 00 ~UOg ~ ~~ ~ /.9~ ~~' ~ ~n ~~;o~y go ~cto 3 ~ 7 5 c-~' a Samm >- h a e S -ti~• '^v ~ -.rya=~ mca S~~a _~g ~ y ~ } W y ~ O ~ ~ q ~ =X5iWC7 gg ~~ ~ ~ S ~ x ®C gyre _ a5 J ., _ t.4 ~ ~ W `d ~ ~ ~ ~ ~ ~'~ r• ^rr^^rar ~ ir.~ r•^ r.a^ ~ ^ r,ar \ \\ ~` ° ~~_~~t~,°,°~{~{,`n'3~,..o a sa~~~Y~ot33Cto~~2Jt~8si~~~~~~s~ • \ \ - '+ •i~viv ': This is to certify ther on March ~. 1998, A survey waa enmplered on tfie grouna cr! the property lagdly de~mb.d m Lot ~, 61oek 19. Southwood Section 7.6, an addhlan to the City d College Steaion. Brazos Caurtry, Texas, aecordirg to the Plat recorded in volume 517, Page 71 t, Oeed F~eeords. 3r~2as Caurrtv. Teres_ end that this o1,~r fz •n,n ~..eh [hm •. ~...e.. ~` 1 ]rte ~.. ' . v.-.i .LS -. ~_ ^-- NOTES t. ALL LINEAR OIUENS10NS ARE iN FE'~r. y YmERE uEASURED CAUS OtiFFR tROu A£COROED CAt15 THEY AR£ SHOww SLwTED. ]. TOTAI. AREA: tO.3Z7fa ACRES (R Tass.~ uaES ~ w .t a. BEARINGS 08TAUrEO FROU PUr IN S17/7t t, BASE UNE IS OENOTEO ~AtM ... 3, CITC riMC'NtLANY- TOP OF FIRE HYORANL AT THE EASTERNaspST PROPE.41Y CORNER. ET.N,. J00.00' (ASSUwEO "LE'/.). 6. FEUAS uAP ~ a80atptaa C FOR 9RAZ05 COUNTY, TEXAS. a ct+7 1Ulr Z. 1992. ODES NOT IDENTIFY A t00-YR. GL000 PUIN AFFcCitNG THIS LOT. ~. TOTAT, PARKING SPACES - REC.A,AR .318 - HANOK.APP~ . 10 SZS 'B. 81f SFgwN GRAPFiIGyyY ON TNrS PLAT +rt.?E ESTABUSHEO BY Wit ?ECOaoED iN St7/Ttt. 4. CURRENT ZONING OF TFxS PROPE,?TY fS C-1. 10. Bls 9'r CSTY ORDINANCE FOR C-T ZONING tAY n auoor Ia ttcao. to JIO/eat (~4r:Etli DISTRICT : ,~\ FRONT SrRE=r . ?3' ,~ SIDE STREET q' - ~ „+: ' REAR ~ iS' le ~ SIDE ~ 7.3' FOR r1CSe BUILDING OR GROUP OF CONRGiJOVS 8U0.01NCS lOT UNE .yo ` ~~ . GONSTRUC'.IGN a$ sLlOwEO '~&?E • f '~ ~ ACC£SS r0 ti+E REAR OF ME BLOC. ~. J4 " -j- ,$ PROV10EC ON ATE OR 9Y OECICA.cO RICHr OF 'MAY EASEMENT. ~ i C ~' ~~ ' ~\a ti~ y~ ,~1'- ~ ~/ E • ~_.r~K ' . ... r I S n.~ 4 nr.ar •. 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Crx.c'i s,~,°a ~ ,+~ ~,v.\• a w r 4 ~ ~- ,•G4. ~ sr• - sCt ~+ rpy.e (RAr.1T7 J• • '. ~ /` r r 07 /~ ~: <`J,L" ~' Ap . ao.r a/ ,\\ ~ \ \ f ~ /~T t. / l7 ~ J \ ri -~ ..,,.,,~ VItJr+ :wir ~ / SCALE: 'C . IItC:aKx TASO.ar oc . aa.~.rc tAtt~.r.r ..L / 1 ~~ - rJ O r ~.( aaw.tl~'LSS fASwf / m'~ ~.,. ~l"r ~'~.,~ >~ AS -BUILT • ~~a ~ ~ e.. '~ _rtR~..~ SURVEY n : Y..r... ,~. M . r1K ..rpav,! /. . ztrr-o.c xxsr.a 270 SdUI}f TEXaS F.VE. ~/'•' ' ~""t ~ COIIEGc S~AS30N, TX 77840 K ..w pWnbY/1 (~ 1 - .ltcao[a to.5zs~ acR£5 (R ~ e..aroc~ao.cr. ` EO7S 1, 2. 3 de 4, BIOC;C 1 ~ `~"~"` 8RaN0Yw+rvE SU80NTSION :...a.-s o-t «.o-R ~rtl1ND0 ENGI,VEEXS riND PL.iNNERS ~' ,,,t ,,. ' :.JIL'cGE 57ATlON, T'T~tAS ws sa•rrn rws ..[.. sort :so s...N, rvs Trwa .e.-a.a-aw o0..mms ~. ~'~:: ~ -^•a t .~ , r...,~,.... i. .... tar< ~moml o.r[: +a L Iwa Mo+[Lf t avno.m ^' 9-96 rctirso+s, EXHIBIT `°G°°