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~~I CITY OF COi~EGE STATI01`I Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-9960 (409) 7643500 ~~~o~ June 14, 1996 . TO: Construction Board of Adjustments and Appeals FROM; Shirley J. Volk; Development Coordinator SUBJECT: Arbors at Wolf Pen Creek Apartment Complex Early this year i was contacted b~ the project manager of the Arbors apartment complex rriith a request for help in resolving what'was an expensive and time consuming requirement. Ne had been ;notified by the, Building inspection people following an inspection of several. of their buildings which were under construction; of the need for flaordrains in thelaundry room: At the ime of the inspection, tha nspe~or was aware that the building plans for the complex had been reviewed under the'9 991 building`-code fiat that fhe '1994 building code had beery adopted since then, so he rrvas not overiy'concemed about this apparent discrepancy between what was required underthe new code and what had been required under the previous code. However, upon returning to the .office he looked in the'1991 code book and discovered that the '; requirement of a floor drain in every laundry room was not just a requirement of the Weary 1994 code, but had been a requirement of the 1991 :code as'well, but that Building staff had not bee~l .enforcing that requirementbecause they werenot aware `of j,~ - „ .~. Acting Building Official Carl Warren his supervisor City,Planner Jane Kee and I met wrtfi ,r. . OeVeloptnent services Oirectofijil;0a1~, ati oad ~ how,bestto`address this problem, and fhe'~ecisron was reached to grants adr~nr „ fir . ,. anance' to this apparent code viotatron:' We reached this decision because the reality;of the situation was that every. apartment in town which, had been-guilt under the ~ 991 Standard Plumbing Code had been granted a variance simply because inadvertently, .staff had. not enforced the codes as adopted by the Cityo 1t did < , .not seem equitable"for enforcement to begin with this project, especially after plans had been approved and permits issued,.. The building staff is now checking for this item, in any new projects being built, and will continue'' to do so unless the code is amended and the ordinance is changed. If you;have.any questions you may feel free to +.ontact any of the staff members listed in this letter`at (409)754-3570. FIRST WORT G ~n,- ~~A ,.ter February 2, 1996 Ms. Shirley Volk City of College Station 1101 Texas Avenue College Station; TX 77840 RE: Arbors at Wolf Pen Creek College Station, Texas Dear Shirley: Enclosed are two copies of our landscape plans for your review and approval. Please call me if you have any questions. Sincer y, K¢her W. Webster xecutive Vice President KWW/cc C:\WPC\02-02-96. SAM Enclosures 8144 Walnut Hill Lane, Suite 550, LB-6, Dallas, Texas 75231 (214) 739-8141 Fax: (214) 369-4130 -;~P IL' ;: ® CITY OF COLLEGE STATIOI`I Posfr Offlce Box 996 11€~I 7`exas RNer~ue College ~tz~t3an, 7'ex~s ?7Z~~~-~~6Q (~iiS) 7~4r-35`J~ Friday, August 09, 1996 VIA FACSIMILE & REGULAR MAIL 1Vlr. David L. Herbert Herbert, Adams. & Crawford, L.L.P. 717 N. Harwood Dallas, Texas 75201-6538 Fax: (214) 953-5492 Re: Arbors of Wolf Pen Creek Partners, drainage easement Dear Mr. Herbert: It is my understanding that your represent a general partnership known.. as Arbors of Wolf Pen Creek: Partners and that last October you assisted that client in obtaining a drainage easement -from an adjoining property owner, Drucox Petroleum, here in College Station. A copy of this easement is enclosed for your. reference. The City's engineering staff has further informed me that this easement should .have. been a public, rather than a private, .easement, and that both the :engineering firm and the principals for the partnership have been informed of this fact and are agreeable. to remedying the .problem by assigning the easement to .the City.' of College Station. To effectuate this transfer, I -have drafted. and enclosed an assignment document. Please review this.. matter with your. client, and, if acceptable,. have .them.: execute .the enclosed assignment and return it to my office for recording. Thank you for your attention to this matter. Sincerely, ete Shively Assistant 'ty Attorney Enc. cc: Veronica Morgan, Asst. City Engineer ASSIGNMENT OF STORM SEWER EASEMENT. ' (Specific Property) ', DATE: ASSIGNOR: .ARBORS OF WOLF PEN CREEK PARTNERS, a Texas general partnership ASSIGNOR'S MAILING ADDRESS: (including county) ASSIGNEES CITY OF COLLEGE STATION, TEXAS ASSIGNEE'S MAILING ADDRESS; 1101 Texas Avenue ' (including county) Brazos County College Station,' Texas 77842 CONSIpERATION Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. a PROPERTY: Being all that certain Q.11 acre tract or parcel of land, being a 20' wide storm sewer drainage easement, lying and being'. situated in the Morgan Rector League, A-46, College Station, Brazos. County,. Texas, and being that same easement .conveyed by Drucox Petroleum, Inc. tp Arbors of Wolf Pen Creek Partners rn a document recorded. in Volume 2477, Page 15 of the Official Records of Brazos County, Texas, and being more particularly described by metes and. bounds in the .attached Exhibit "A' Assignor, does hereby GRANT, SELL, CONVEY, RELEASE and ASSIGN unto Assignee he above-described easement according to the instruments creating. same,. including :every right and obligation obtained thereby. Assignor further. transfers, assigns, and delivers to Assignee all storm sewer tines, pipes and. appurtenances situated therein. ~: TO .HAVE AND TO HOLD the .rights and interests herein described unto the Assignee, and its successors and assigns, .forever; and Assignor does. hereby bind itself, :its successors and assigns, to warrant and forever :defend,. all and singular, these rights and interests unto Assignee and its successors and .:assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. EXECUTED this day of , .1996. ~' AR8ORS OF WOLF PEN CREEK PARTNERS BY: Printed ame: Title: STATE OF TEXAS. " ACKNOWLEDGMENT COUNTY QF This instrument was acknowledged before me on this day of , 1996, by as '- of ARBORS R PARTN R , a exas genera partnership, on ehalf of said. partnership. otary Pub is m and or the State of Texas is/c%arenreni/as~tgnm~doc 8/9/96 `•I CITY OF COLLEGE STATI01`I Post Office Box 9960 l Y01 Texas Avenue 'College Station, Texas 77842-9960 (409) ?643500 October 6, 1995 Mr. Bart Munroe 6480 Waterway College Station, TX 77845 Dear Mr. Munro; In response to Mr. tJtley's request of October 5th for a letter to be .sent to you addressing the impact of a .drainage easement: on a tract of land, I offer the following: Irr reference o drainage easements, the Subdivision Regulations for the City state that "...Such easement shall not be considered a part of the lot area for purposes of minimum lot size requirernents of thee. zoning ordiriance...". Therefore, a drainage ~a~.ement would reduce .the "size" of the lot. The proposed. location and. width. of the . _.._ utilitiy easement carrying the underground storm sewer, as shown on-the attachment, ~~v~ill'not affect the density calculation for the Munroe property. To include this easement - ~ as part of .the overall `lot for density purposes does not violate the intent of the section quoted from he Subdivision 'Regulations. In"the instance.' where a drainage easement encumbers a large portion ''' of a 'property it: should be excluded #rom any. density calculation. Placing your storm 'sewer in a pipe underground will allow you to also utilize the easement area for other paved surfaces such as parking. The ;Commercial uses allowed in the Wolf Pen Creek zoning district require front se#backs of 25 feet, rear setbacks of 15 feet and side setbacks of 7.5 feet. Multi-family uses typically require a front setback of 25 feet, rear ..setback of 20 feet and side setback of 7.5 feet. If a drainage easement is located in one of the areas where a setback is required, the setback and the drainage easement can overlap. We' hope this information will .help you. If you have any other questions, ..please do not hesitate to contact us. Yours. very truly, ~~ Ja a R. Kee, gICP ity Planner cc: 1= i le Home of Texas A&M (Iniversity `~ CITY OF COLLEGE STATIOI`I Post Office Sox 9960 1101 Texas Avenue College Station, Texas 77842-9960 (409) 7643500 September 22,..1995 Mr. Steven Utley First Worthing Company 8144 Walnut HiII Lane Suite 550 Dallas, TX 75231 Dear Mr. Utley: On August 22, 1995, the Wolf Pen Creek Design Review Board met to review the site .plan submitted by you for the proposed Arbors at Wolf Pen Creek apartment complex. The Design Review Board is a committee appointed by the College Station City Council to review and make recommendations regarding projects proposed for .development in the Wolf Pen Creek zoning district. At the August 22nd meeting, the Design Review Board voted to recommend approval of the .proposed site :plan with some conditions. A copy of the minutes of that meeting are attached to this etter. Following the recommendation of thee: Design Review Board,. projects in the WPC zoning district must go to the Planning and Zoning Commission for .final consideration. On September 7, 1995, the Planning and Zoning Commission for the City of College Station, considered the site plan .submitted and approved the plan as submitted, ..with staff recommendations and conditions listed by the Design Review Board. A copy of the minutes of that meeting are attached. If we can be of any additional help, please do not hesitate to contact us. Yours very truly, Shirley J. Vol Development Coordinator Attachments cc: File Home of Texas AEM University `®~ CITY OF COLLEGE STATIOI`I Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-9960 (409) 7643500 September 21, 1995 Mr. Steven R. Utley Executive Vice President First Worthing Company Limited 8144 Walnuf Hill Lane, Suite 550 Dallas, TX 75231 Dear Mr. Utley: In response to your telephone request of September 12th for a letter addressing the impact of a drainage easem8nt on a tract of land, I offer the following: In reference to drainage easements, the Subdivision Regulations forthe City state that "...Such easement shall not be considered a part of the lot area .for purposes of minimum lot size requirements of the zoning ordinance...". There#ore, a drainage easement would reduce the "size" of .the lot. The proposed location and width of the ufifity easement' carrying .the underground storm sewer, as shown on the attachment, will not affect the density calculation for the Munroe property. To include this easement as part. of the overall lot for density purposes does not violate the intent of the section. quoted from the Subdivision Regulations. In the instance where a drainage easemenf, .encumbers a large portion... of a property it should be excluded from any density' calculation.` Placing your storm sewer in, a pipe underground will allow you to also' utilize the easement area for other paved surfaces such as parking. The Commercial uses allowed in the. 1Nolf .Pen Creek zoning district require front setbacks of 25 feet, rear setbacks of 15 feet and side setbacks. of 7.5 feet. Mu9ti-family uses: typically require a front setback of 25 feet, rear setback of 20 feet and side setback of 7.5 feet. If a :drainage easement is located in one of. the areas where a setback is required, thee. setback and the drainage easement. can overlap... We hope this information will help you.. If you have any... other questions, please.do not hesitate to contact us. Yoursvery truly, / ~- Ja a R. Kee, AICP ity Planner Home of Texas A&M Univeesity 09i22i95 11:34 GARRETT ENGINEERING -~ 409 X64 3496 Wbl ~~ CONBULTING ENGINE@RING' & LAND SLIRYEYING ~ a4aa CARTfiR CRF6K DKW1l, SUITB 108 ~ BRYAN, TEXAS 77802 t4G8) 846-2688 c409) 846-30~a Ll September.. 21, 1995 Shirley Volk. Development Coor. di~~ator Department of Development Seivices P. O. Box 9960 College Station, Texas 77842-9960 RE: Pr. oposed Storm Dr. ai.n.a.ge Improvements associated with the Construction of Arbor an Wolf Pen Creek, College Station, Brazos County, Texas Dea~° Shirley,. It is .First Worttiir~g's intention to constt-uct an underground storm sewer line from the :north corner of the Noonan `tract across the Bar. t :Munroe tract terminating at the south.. bank of of Wolf Pen Creek. Said storm sewer is to be located within the 20 foot-drainage and utility `easemen.t as shown on attached Fxhi.bit .,A„, The storm sewer line will be constructed of a material a.cceplable to clay standards aid will be placed at a depth that will .facilitate par. king to be constructed above .same storrrl sewer if the owner so desires to construct same parking lot. It is projected that the actual "cover" over said storm sewer line will-vary from approximately 2-1 J2 feet upwards to almost 20 feet. I hope this. brief. letter will serve the City's needs; however, if you have. any additional questions or :problems, please .contact me a.t your .earliest conveni.e:n.ce (409) 84G-2688. R ~ectfully Su tted, ~./ ~~u onald D. Gannett, P.E., R.P.L.S. Car. sett 'Engineering 09i22i95 11:34 GARRETT ENGINEERING ~ 409 '764 3496 Wb~ f Zonetl a-P ~~~~ o~~~ ~~ ~ ~;~ . ~~. ~~~e~ ~' ~ vu rv ~ wa~~ ~ - v flpPror. Zo.ie .Line ~ ~ v ~ ~ .~ ~ I ~ ', ~ ~ a °0 33.28 ACRES .\ ~+~w~~aT NOW OR FORMERLY JAMES JETT Z OUT OF 4 °`® 3's.63 nGRE TRACT VoI. 535, Page 191 ~j' c,3~t~r~ 5'~.~ P P2~..s.i vlcu til2ov' ~~ ~~lv -Z'p ft 2 ST W o~'~t +3 ~ ~~ ~~, ~' Zonatl q-6 O ~v ~° v' ,' °~® 24.2 acres '' PROPOSED RIGHT.- OF-WAY i , l,R , - SET I,R. _ `•` N 44'B '55'E a 3.10: - ' fNp i.R. ~ o s~:ofl f-tOLLEM~.N D~ I V E R. 0. W. ~ DEDICATION-1.a4 ACRES POINT OF ~-. ~ ad 5 w 4gi. BkGINNING ~ ,SET 1.R. SET' ~.R. [ 0) NOW OR FORMERi_Y 3 G.T.E. ire Vol. 3i5,Pg, 378 '.r' ~ zoned R-1 oQ o m ..~ 5. s Acrss FND, LR- PpINT OF' Mh1gNCING ~~ o S 44' 7'09'~w ~~77 _ -~~ ~ i ~ ~ I I I I I I i i - -- __1- ._ _~ RICHAROS STREET {50~ R.O.W.) FIRST WORTI-IING COMPANY August 8, 1995 Ms. Shirley Volk City of College Station 1101 Texas Avenue College Station, Texas 77842 Re: The Arbors at Wolf Pen Creek College Station, Texas Dear Ms. Volk: Enclosed are the following exhibits per your request: 1. Letter regarding 1.25 parking spaces for two-bedroom units 2. 5ignage elevation 3. .Landscape plans for exterior sign Please let me know if you have any questions. Sincerely, ~, Keller W. Webster Executive Vice President KWW:Im Enclosure SV8-08. LTR 8144 Walnut Hill Lane, Suite 550, LB-6, Dallas, Texas 75231 (214) 739-8141 Fax: (214) 369-4130 Dater August 21, 1995 To: File Arbors of Wolf Pen Creek Case #95-505 From: 'Steve Homeyer Graduate Engineer After speaking with Jon Mies of the fire department about the placement. of fire lanes, he was concerned about the possibility of the Arbors cornplex having a security entrance in the future. If this were the case,.then all :radii in the complex would have to be designed to accommodate the laddertruck. Also, he and noticed that there were not enough fire hydrants to adequately protect the complex. l spoke with Edward Stefoniak of WSI Architects about the fire lanes .and faxed: him a copy of the layout Jon and I created.. I also mentioned the security_entrance and he stated that theidea had surfaced but the owners did not feel it would be necessary due to the complex being occupied primarily by college students. I then indicated thafi if there were plans to install security gates, then they would need to be addressed at`this time. l also told him of the need to ei her see if they could move the hydrants around to insure protection or simply add another one somewhere around building 1.11. cc: Veronica Morgan, Assf. City Engineer Jane `Kee, City Planner Shirley Volk, Development Coordinator FIRST WORTHING C01~~-NY October 13, 1995 City of College Station P.O. Box 9960 College Station, TX 77840 RE: Arbors at Wolf Pen Creek Trash Compactor Gate Gentlemen: Please be advised the property management company for the Arbors at Wolf Pen Creek will be responsible for opening and closing the gate to the trash compactor on trask pick-up days. Sincerely,. ;~ ~~ ~, --- Keller W. Webster Executive Vice President KWW/cc 10-13-95.SAM cc: Anita Marcino 8144 Walnut Hill Lane, Suite 550, LB-f~, Dallas, Texas 75231 (214) 739-8241 Fax: (214) 369-4130 Printed by Jane Ree 8/1q/95 3:50pm From: Roxanne Nemcik To: Jane Kee Subject: fwd: Noonan -==NOTE ___ ___ ====8/09/95-10:40am== Concerning the RFLA that you sent to Legal on July 6, 1995,. it is my t is Dint that Dev. understanding at h p Services is requiring and Noonan has agreed to built Lassie Lane as a street. If this is the case, neither a development agreement nor a lease is ' 1 needed. Please advise so that I can close this. file or take further action if necessary. Thanks. ' Fwd=by:=Jane=Kee=-====8/10/95=12:02pm== Fwd to: Roxanne Nemcik Almost•right•-•we.are•not REQUIRING. !i them to improve it BUT they are intending to because it makes everything easier. The made the choice. Fwd=by:=Roxanne=Nemci=8/10/95==1:20pm== Fwd to: Jane Kee Good•choice•on.their•part. I`11•close II'i the file. ,I I 'I ^ 2 ^ 3 ~4 SUBMIT APPLICATION AND THIS LIST CHECKED-OFF WITH l6 4 FOLDED COPIES OF SITE PLAN FOR REVIEW MINIMUM - IREMENTS FOR SIT ST B ~E OPOSALS ALL CITY ORDINANCES MU INCLUDING BUT NOT'LIMITED TO THE FOLL WING: Sheet size - 24° x 36" Title block to include: a.) Name, address, location, and legal description b.) Name, address, and telephone number of `applicant c.) Name, address, and telephone number of developer/owner d.) Name, .address, and telephone number of architect/engineer e.) Date of submittal f.) Total site area Ownership and current zoning of parcel and al( abutting .parcels A key map (not necessarily to scale). S. Scale should be largest standard engineering scale possible on sheet- ^ 6. Provide a north arrow. W-~' ^ 7. Topography, final grading plan, and other pertinent drainage information. (If plan has too much information, show drainage on separate sheet.) ® 8. All existing streets,. drives, buildings, and water courses on or adjacent to the proposed project site. (~9. Locate 100 yr. floodplain on or adjacent to the proposed project site, note if there is none on the site. ^ 10. Location and size of existing utilities within or adjacent to the proposed project site. ^ 11. Proposed location, type, and size of the following: a.) Buildings and structures b.) Off-Street parking areas with parking spaces drawn, tabulated, and dimensioned rte.) Sidewalks d.) Common open .space sites e.) '.Sites for solid waste containers L9'~12. Proposed streets, drives, and curb. cuts.. For. each poro osite side of the st eetdto determin separation alleys, etc.) locate existing curb cuts on the same a pp .distances between existing and proposed curb cuts: Indicate. driveway .throat length as measured in the Driveway. Ordinance. (See Ordinance 1.961 for driveway location and design requirements.) ^ 13. The: total number of residential buildings and. units to be constructed on the proposed project site. ^ 14. Landscape plan as required in Section 11 of the Zoning OrndiChnnfo matOndis on the original s to plan. " landscaping plan can be shown on a separate sheet tf too Attempt to reduce or eliminate plantings in easements. Include information on the plan such as: a) existing landscaping to remain b) .required. point calculations c) proposed new plantings with points earned ^ 15. Indicate unit type (number of bedrooms). ^ 16. The density of dwelling units per acre of the proposed .project. ^ 17. The gross square footage of buildings and the proposed use of each building. ^ 18. Designate number of parking spaces required by ordinance and provided by proposal. ^ 19. Show dimensions to size and locate all'structui'es, parking spaces, drives, curb cuts, parking islands, and setbacks. ~'~ 20. Are there. impact fees. associated with this development? f~ 2 I . Provide a water: and sanitary sewer legend to include wage demands inmallons per d y) um and average demands in gallons per minute) and sewer loadings (maximu g 22. Show all meter locations and note their sizes. The following are typical standards for Plan Development established by Ordinance or Policy: ^ 1. Building separation is a minimum of 15 feet. ^ 2. Building setbacks are: outlined in Ordinance 163 8, Zoning Ordinance,. Table A (Sec. 7, P. 30). C+~ 3. Minimum parking space is 9' X 20', or on a perimeter row, 9' x 18' with a 2' overhang. Cd 4. Minimum drive width is 23' with head-in parking. or 20' without parking. ^ 5. Raised landscaped. islands, (6" raised curb) of a minimum of .180 Santerior Larkin d spaceshmust be every parking row. Additionally, 180 sq: ft. of landscaping for every. P g provided. ^ 6: Streetscape compliance is :required which involves special plantings along streets specified in the City's Streetscape Plan. A 6" raised curb is required around all edges of all parts of all paved areas without exception. (To include islands, planting areas, .access .ways, dumpster locations, utility pads, etc.). Curb detail to be approved by City Engineer. No exceptions will. be made for areas designated as "reserved for future parking" [~ 8. Wheelstops may. be required on interior rows longer than 10 spaces or in special situations. 9. Sidewalks are required at time of development if .property has .ne nthe necessitstree(Rt efe~ to Section sidewalk Master Plan or if the Project Review Committee deterrru Y 10.2 of the Zoning Ordinance). 10. Locations of dumpsters shall be such that dumpsters are not visible from streets. Gates are discouraged and visual screening is required. '~ 11. Healthy, native trees over 6" in caliper should beretained whenever possible. ^ 12. Fire lanes of a minimum of 20 feet in width .with a minimum. height clearance of 14 feet must be established if any structure of any type is more than 150 feet from a public street or highway. ^ 13. Any structure in any zoning'district other than R-l, R-1A, or R-2 must be within 300 feet of a fire hydrant as measured along a public street or highway. ^ 14. Fire hydrants must be located on the same side of a major street as a project, and shall be in a location approved by the City Engineer. ~15. Fire hydrants must be operable and accepted by the City and drives must have an all weather surface before a building permit can be issued. -~- ^ 16. A twenty four foot setback from R.O.W. to curb of parking lot is required.. Parking may be allowed in this area up to a maximum of 7 contiguous spaces. .~ ^ 17. All plans must include irrigation systems for landscaping. Irrigation meters are separate from the regular water systems for buildings and must be sized accordingly and include backflow prevention protection. ~- ~ r.[~ _r-c ~ rte) n ~\ ~' _ FIRSZ" WORTHING C~MPA-NY August 29, 1995 Ms. Shirley Volk City of College Station 1101 Texas Avenue College Station, Texas 77842 Re: The Arbors at Wolf Pen Creek College Station, Texas Dear Ms. Volk: Please find enclosed a copy of First Worthing's policy regarding door to door trash pick-up. This will be placed in use at the. abovereferenced project. As we discussed, the compactor gates will be opened. by our staff per the schedule provided by the City of College Station Sanitation Department. Please let me know if you have. any questions. Since ely Keller W. Webster Executive Vice President KWW:Im Enclosure SV8-29.LTR _~I I i 8144 Walnut Hill. Lane, Suite 550, LB-6, Dallas, Texas 75231 (214) 739-8141 Fax: (214) 369-4130 POLICY & PROCEDURE - 238.00 SECTION: 200.D0 SERVICE. OPERATIONS SUBSECTION• 238.00 DOOR TO DOOR TRASH PICK-UP POLLCY: 238.00 DOOR TO DOOR .TRASH PICK-UP REVISION DATE: 7-13-88 INTRODUCTION: A unique service most. apartment communities door to door trash i s .offer to residents pick-up on Monday, Wednesday, and Friday of each week. POLICY• All members of the service staff. will collecting debris no later i n participate than 10:00 a.m. on Monday, Wednesday, and Friday:. Every member of the Service Staff, including the Service Director will participate. in the function without exception. :PROCEDURE: The Community .Director will instruct the ice Personnel to properly dispose of all e rv S debris. Although each resident is required to place their debris at the bottom of the stairs by 8:0.0 a.m. on Monday, Wednesday, and Friday, debris on a second floor landing must also be removed. The resident may be assesised a $25 penalty if trash is disposed of improperly. RESIDENT SPECIFICATIONS: A copy of a residents letter. is on the following. page. 1 ~t ORTHI\G L~\.~GE~ IE:~'I' CO~IP.~\~' February 1~ 198' i c Dear Resident(s): To extend our-"The resident rill receive prompt service" philosophy, we will begin doprto-door trash pickup on :~tonda~~, February 4. 198?.. How will this program work? On Alonda~~. ~•'ednesday and./or Friday- simpl}~ gether ell of your debris; place it in a plastic bag: secure it and place it outside of }'our front. door. (or at the bottom of the stairs if rou live on the second or third floor). The plastic bags must be at the assigned location b}~ R:(l0 a.m. The staff ~+~ill collect all of the bags and dispose of them properl~~. Why are we offering this program? To make living at the Arbors as convenient as possible and provide you the carefree lifest~-le ~•ou deserve. tie appreciate ~~ou as a resident and ~~~elcome am• comments and/or suggestions ~•ou may' have concerning your apartr;ient home. Signed. The Arbors Staff tCorthing Management Compan~~... 1~'e manage apartments like individual homes. ~t'ORTHIIG CIr~?REL. CORPOR~-TIO:~ ~l-~-3'•~'ai.-~st ?-:.:; La..e. S;:ae a~~!. LB n. ilauas. Texas ; X231 i21-t) ; 39-811 i ~F - tl i V v ~.. 1 ,~ 1 ~l/" ""~_~ lief-°~)" "_ ~-- V ~~ ARBORS AT WOLF PEN. CREEK DEVELOPMENT DESCRIPTION - Arbors at Wolf Pen Creek Apartments will be located. in College Station, Brazos County, Texas in an area commonly known as Wolf Pen Creek. This is a master planned development with the objective to promote urban development with the creek as an amenity. The Arbors at Wolf Pen Creek will consist of two and two/three story buildings containing the living .units. A community building containing the leasing office, recreation room and laundry facility. The architectural design will feature a desirable blend of wood siding and brick. The building will be surrounded by attractive landscaping that will be fully irrigated. The retaining walls, if required, will be constructed of native stone. In addition, the entry, as well as the community building will feature planting areas with seasonal color. The residents in this community. will have the- use of many amenities including a landscaped .swimming pool. The individual units are .designed. to .accommodate today's busy lifestyle. Special features included are efficient kitchen designs, closets with. built in storage, washer/dryer connections in all units, and energy efficient appliances. Many of the units will have private patios and balconies. The heating and air conditioning will be engineered for efficiency and the building insulated to minimize energy consumption. Each unit will be individually. metered. for electricity. This development will compare favorable with other multifamily communities in the area. There will be three unit types ranging from 635 SF to 1,021 SF. The unit mix is as follows: .Total % of Unit No. ~ S.F. Unit. l BR/ 1 BA 64 635 40, 640 31 2 BR/ 2 BA 96 828 79,488 60% 3 Bl2/ 2 BA 12 1 ~ 12.252 9 Totals/Average 172 770 132,380 100.% 1- Density: 21.5 Units Per Acre Parking Spaces: 324 Spaces Common Amenities: Recreation room, Junior Olympic Swimming Pool, Children's Playground Area, Barbecue Grills, Laundry Facility and Central Trash Compactor ~' ~- Unit Amenities: Patio/Balconies, Ceiling Fans, Exterior Storage, Mini Blinds Washer/D er Connections rY °~, .y SUBMIT APPLICATION AND THIS LIST CHECKED-0FF WITH LG FOLDED COPIES OF SITE PLAN FOR REV~W REQUIREMENTS FOR SITE PLAN PROPOSALS 1. Sheet size - 24" x 36" ~,r ~2. Title block. to include: a.) Name, address, location, and legal description ~.~ `~ ~r~~e~ b.) .Name, address, and telephone number of applicant c.) Name, address, and telephone number of developer/owner d.) Name, address, and telephone number of architect engineer e.)' Date of submittal _ ~] 3. Ownership and current zoning of parcel and all abutting parcels. ~ 1V lt-- .~?~r'~ 4. A key map (not necessarily to scale). ~~, ~ 4 (,,, ~,% _ _ ,0'r5. Scale should be largest standard engineering scale possible on sheet. ~. Provide a north arrow. ~ v tc~ ~~''~ ~7. Topography, final grading plan, and other pertinent drainage information. (If plan has too much information, show drainage on separate sheet.) Gov 61.-- ~8. All existing streets, drives, buildings, and water courses on or adjacent to the proposed project site..-~V~ ~9. Locate 100 yr floodplain on or adjacent to the proposed project site, note if there is none on the site.,~y~ ~0. Location and size of existing utilities within or adjacent to the proposed project site. L'Y"1~-- l~1.•Proposed location, type, and size of the following: ~t~ a) Buildings and structures b..) Off-Street parking areas with parking spaces drawn, tabulated, and dimensioned • c.) Sidewallcs ~„~~,~? d.) Common open pace sites e.) Sites for solid waste containers 12. Proposed streets, drives, and curb cuts. For each proposed curb cut (including driveways, streets, alleys, etc!) locate existing curb cuts on the same and opposite side of the street to determine separation distances between existing and proposed curb cuts. Indicate driveway throat length as measured in the Driveway'Ordinance. (See Ordinance 1961 for driveway location and design requuements.) ~ fL. 113. The total number of residential buildings and units to be constructed on the proposed project site. ~~~ ~14. Landscape plan as required in Section 11 of the Zoning:Ordinance (See Ordinance # 1638.) The 'landscaping plan can be shown on a separate sheet if too much information is on the original site plan. Attempt to reduce or eliminate plantings in easements. Include information on the plan such as: a) existing landscaping to remain b) required point calculations ,~e~~/t~~~f%• c)' proposed new plantings with points earned (/~ ~5. Indicate unit type (number of bedrooms). ~~~1~'~' ~6. The density of dwelling units per acre of the proposed project. ~~~• ,.~17. The gross square footage of buildings and the proposed use of each building.. ,~~i,~,~~ 40'18. The total site area and percent of building coverage of site. ~19. Designate number of parking spaces required by ordinance and provided by proposal. ~~~~Y~Q` ~'L0. Show dimensions o size and locate all structures, parking spaces, drives, curb cuts, parking islands, and setbacks. ~ ~/~,,, The following are typical standards for Plan Development established by Ordinance or Policy: ^ 1. Building separation is a minimum of 15 feet. ._ ^ 2. Building setbacks are outlined in Ordinance 1b38, Zoning Ordinance, Table A (Sec. 7, P. 30) ' ^ 3. Minimum parking. space is 9' X 20', or on a perimeter row, 9' x l8' with a 2' overhang. All multi-family parking lots must be screened from rights-of way. ^ 4. Minimum drive width is 23' with head-in parking or 20' without parking. ^ 5. Landscaped islands of 6" raised curb are located at both ends of each parking row. ^ 6. Landscaped islands are also located every l5 spaces or interior rows and every 20 spaces on perimeter rows. Streetscape compliance is required which involves special plantings along certain specified in the City's Streetscape Plan. ................. ^ 7. A 6" raised. curb is required. around all .edges of all parts of all paved areas without exception. (To include islands, planting areas, access ways, dumpster locations, utility pads, etc.) Curb detail to be improved by City En~neer. No exceptions will be made for areas designated as "reserved for future parking" ^ 8. Wheelstops maybe required on interior rows longer than 10 spaces or in special situations.. ^ 9. Sidewalks are required at time of development if property has frontage on a street shown on the sidewalk Master Plan or if the Project Review Committee determines the necessity. (Refer to Section 10.2 of the Zoning Ordinance). ^ 10. Director of Public Services determines number, and size of dumpsters. Locations shall be such that ` dumpsters are not visible from streets. Gates are discouraged and visual screening may be required. ^ 11. Parking islands are 9' X 20'; or 180 square feet. ^ 12. Healthy, native trees over 6" in caliper should be retained whenever possible. ^ 13. -Fire lanes of a minimum. of 20 feet in width` with a minimum height clearance of 14 feet must be established if any structure of any type is more than 150 feet from a public street or highway. ^ 14. Any stnacture in any zoning district other than R-1, R-lA, or R-2 must be within 300 feet of a fire hydrant as measured along a public street or highway. ^ 15. Fire hydrants must be located on the same side of a major street as a project, and shall be in a location approved by the Fire Marshal's office and the Superintendent of Water and Sewer. ^ 16. Fire hydrants must be operable and accepted by the City and drives must have an all weather surface before a building permit can be issued. ^ 17. A raised island not less than 6" in height and not less than. 8' in width shall separate parking areas from public rights-of--way. Eight foot setback from R.O.W. to curb of parking lot. F~~1nte3 by Shirley Volk .7/03/95 3:03pm From: Shirley Volk To: Pete Shively Subject: fwd: Lassie Lane ROW ===NOTE====------=====7/03/95=11:44am=====__________°____________=__________ Pete: I know Jane & Kent: talked to you on Friday, and Jane called me and told me something about the conversation with you, but I promptly forgot! Can you telh°me again what direction you 3 decided to pursue regarding the use by a private development of a paved ROW section for access into a property. I know she told me to call Mr. Noonan (current property owner) and the applicant and tell them the decision, but I've slept 3 times since Friday and I've forgotten exactly what I'm supposed to tell them! Something about an easement agreement - hopefully you're going to prepare it - does it have to go to Council for .approval? Is there any money involved (like a Dev. Agreement)? Anything pertinent would be helpful for my call to the owner & applicant. Thanks. Fwd=by:=Pete=Shively==7/03/95=12:44pm________________ ______________________ Fwd to: Shirley Volk Huh? What? You, know I passed age 30 a couple of years ago, .and the synapses just don't fire as quickly or reliably as they used to. What is this about? I don't recall anything along these lines. Of course that doesn't mean that I am not working on it, just that I can't remember it. Fwd=by:=Shirley=Volk==7/03/95==1:21pm_________ _____________________________ Fwd to: Pete Shively Sorry about•that~-•here.goes•again,•but•slower!••In•fact,•maybe•they•didn't• meet with you .but perhaps one of the other lawyer-types you work with! Anyway, here 'tis: Mr. Noonan owns some property along the north side of Holleman - which backs up to the infamous Lacour tract! (Remember the extension of S.Kyle business at council?!?) Anyway, Lassie Lane stubs into the Noonan tract, but is the beginning of a street, which will not be at that location when S.Ky1e is extended! The. people Mr. Noonan is trying to sell his property to brought in a conceptual site plan last Friday. On their site plan they show the stub out of Lassie Lane used as access to 3 driveways into their property. We had originally. thought Lassie Lane had to be abandoned at that location, but after Jane & Kent spoke with someone in Legal on Friday - perhaps it was Cathy - Jane came back talking about some kind of easement agreement, and phoned me when I was busy doing something else , with instructions to call Mr. Noonan & the apartment applicant and explain what we (the City) are trying to do. Well, I forgot what it was I was to tell Mr. Noonan, and I didn't have time to stop what I was doing when Jane called to call him then! There. Is that better? Since it didn't ring a bell, I doubt you were the person Jane. spoke with, but it won't hurt for you to know what's going on, will it? Anyway, if you find out who I am supposed to be asking my questions of, please let me know.. Thanks. P.S. I can emphathize with you about memory - except that at my age it's full blown memory loss.- not just forgetfulness once in a while. Fwd=by:=Pete=Shively==7/03/95==1:23pm_______________________________________ Fwd to: Cathy Locke C, is this yours? Fwd=by:=Cathy=Locke===7/03J95==2:28pm_______________________________________ Fwd to: Shirley Volk It•was•me.•.I•said•do•a•development•agreement•(lease)•of.the•row..•I•also••. said that Noonan should dedicate the existing sewer line on the property - I want that independent of the Dev. Agr. If he wants service he can dedicate a line. T inter by Shirley Volk 7/20/95 10:29am Fram: Shirley Volk To: Jane Kee, Kent Laza Subject: fwdz Noonan property ===NOTE====______=====7/12/95==4:32pm=====___°=____°________________________ Have you heard from Cathy as to whether. the document Mr. Noonan brought in really. gives him the ROW right so we can simply get rid of it on the plat? Mr. Noonan keeps calling me thinking I will hear something "tomorrow" since I didn't "today" (whatever day)! He & they (deve opers) are anxious to know if they can 'do it by plat, or if it will be a lease agreement. Fwd=by:=Jane=Kee======7/13/95==9:58am====___________________________________ Fwd to: Cathy Locke CC: Jim Callaway I•was•out•last•week•but•heard~about•this~"so .called right"•Mr.•Noonan..•.•.. bought.. Is there anything to it or have you had a chance to look at it? Fwd=by:=Cathy=Locke===7/13/95==4:14pm_______________________________________ Fwd to: Jane Kee CC: Jim Callaway, Roxanne Nemcik, Tom Brymer Roxanne is working on this. Fwd=by:=Roxanne=Nemci=7/13/95==4:29pm=__________________=__________________ Fwd to: Jane Kee CC: Cathy Locke Talk•to•Shirley.•.She•checked.on.the.metes.description~and•your plotter..... found that the description in the deed does not include Lassie Lane. Therefore, the deed does not convey legal title to Lassie Lane to Mr. Noonan. Shirley says that Garrett Engineering agrees that Lassie lane is not part of the land conveyed by this deed. So, what do you. want in the lease when it is done. In my opinion it is premature to draft a lease because the developer does not own the land yet. If we do a lease with Noonan, it can be assignable but you don't know how that property will develop so you can't put any provisions in the lease in this regard. In any event, I am here to serve you so let me know what you want to do. Fwd=by:=Jane=Kee======7/13/95==4:57pm_______________________________________ Fwd to: Roxanne Nemcik CC: Shirley Volk I'd.do•a lease.with•First•Worthing•who•is•the.apt.•developer•and.tie•it.to•• their purchase of the property somehow. Or do one with Noonan with assignable rights. Whatever. develops can take access from Lassie. Lane. I can't imagine this wouldn't work for any development and it is zoned WPC so we know what uses can be put there. You might want to tie it to apt. development if you think that would be safer. But then if it develops commercially we have to go .through this again. Obviously I'm thinking out loud. Let's do it w/First Worthing and tie to their development. We do need to be sure we get an easement for the sewer line that runs across the property. that apparently we never got an easement fora This is in case we don't get'a plat from them (they don't have to plat if they don't want OR HEY A BRAINWAVE - we could require a plat in exchange for the lease that grants us the easements AND also limits Lassie as the only access point onto Holleman for this property. Yes Yes yes let's do this - a lease in exchange for a plat and only one access point. We will discuss this with First Worthing and tell them we won't hold up permits pending filing of the plat but we will not grant C0's w/o the plat taken care of. All the work has actually been done for the plat and we've reviewed a preliminary plat anyway.. They just slowed down on the plat when we told them they did not, by ordinance, have to plat. This e-mail should'.. take an award for the most rambling e-mail! If this note is too confusing: call me tomorrow. I'm always clearer in the AM. Panr~• 1 F~rnted by Shirley Volk 7/20/95 10:29am Shirley please call someone with the developer and Noonan and tell them all this. Thanks. Fwd=by:=Shirley=Volk==7/19/95==9:36am=====__________________________________ Fwd to: Jane Kee Hey Jane,•have•we ever•gotten~a sample•lease.from Legal? •I•haven't•heard•.• anything from Roxy since I was in her office to explain what we needed after she decided the ROW rights document did not apply to Lassie Lane.. Fwd=by:=Jane=Kee======7/19/95=11:01am===____________________________________ Fwd to: Shirley Volk not yet but it was just last thurs. that I sent the note to Rox about what we need. Let's give it a couple of days. ----------------------------------------------------------------------------- p~no• ~ Isrinted by Shirley Volk 7/20/95 10:24am From: Shirley Volk. To: Roxanne Nemcik Subject: fwd: Lassie Lane Lease ===NOTE=====-----=====7/20/95==8:29am== CC: Jane Kee Roxy:•Had.a.call.from.the•people•~•••• interested in this lease yesterday and I told them it probably wouldn't be ready this week. Since I said that, I thought perhaps it might be prudent to check with you to see how it's coming. I'm not rushing you, just checking! Thanks. Fwd=by:=Roxanne=Nemci=7/20/95==8:51am== Fwd to: Shirley Volk CC: Jane Kee Frankly,•I•haven't•started.working•on•• it yet. I need more info. on the following: 1) With whom are we entering into the lease, i.e. name of entity, legal status (partnership, corp. etc) in what state are they incorporated to do business, their address. 2) Jane suggested that we require a plat in exchange for the right of way. Has dev. services come to this agreement with the developer? 3) Copy of the. proposed plat 4) completed application for abandonment of right of .way 5) is any one going to reimburse us for the prep. of the lease or are they going to pay the $250. fee for abandonment? 6) any other info. that you wish to provide to me. Thanks. Fwd=by:=Jane=Kee======7/20/95==9:16am== Fwd to: Shirley Volk I'm.confused.or•Rox is•-.we're•not.••.. abandoning the ROW are we? I thought we were going to lease the rights .First Worthing to access from it. You .can get the info for. 1. and I think you already told Noonan and First Worthing we would want a plat in exchange for the lease - plat showing the sewer easement, didn' you. I guess we should te11'them there will be a charge for the lease agreement but we need to know from legal what that will be, don't you think? Fwd=by:=Shirley=Volk==7/20/95==9:26am== Fwd to:".Jane Kee PacrE? ~ 1 PYinte~ by Shirley Volk 7/20/95 10:24am Rox is doing a good job of getting everyone confused! You & I thought along the same lines, although you & KEnt are the ones who visited with Cathy! I wish Cathy would give Roxy some details. I already gave her the information about 1st Worthing's contact person! I did tell them we wanted a plat - but thought that would be part of the requirements of the lease and that if we don't get that, the lease would be nul & void. I thought we said we don't need the plat for building permit, but do need it before c.o.'s! I also thought that we cannot abandon the right-of-way because it would go to the property to the west instead of this property, and that is why we are doing a lease agreement! Please get me back out of this! And,...thank goodness I made contact! I had no idea she wasn't doing anything on it! How much time to they think we have to get things done? Excuse my frustration, please. It's not you, Jane, but I think you understand my feelings! And...if you want me to do this I will. I really only got into it because you and Kent were gone! Fwd=by:=Jane=Kee======7/20/95=10:04am== Fwd to: Shirley Volk just.get me.name,~address,•legal entity etc. that Rox asked for and I'll forward everything on to her and you an be out of it for now. I would like you to be the contact person to First Worthing and Noonan as part of .the coordination role. Paae: 2 Frinte~ by Jane Kee 7/21/95 8:46am From: Shirley Volk To: Roxanne Nemcik Subject: fwd: Lassie Lane Lease ===NOTE===_______=====7/20/95==8:29am== CC: .Jane Kee Roxy:••Had~a•call•from.the•people~~• interested in this lease yesterday and I told them it probably wouldn't be ready this week.. Since I said that, I thought perhaps it might be prudent to check with you to see how it's coming. I'm not rushing you, just checking! Thanks. Fwd=by:=Roxanne=Nemci=7/20/95==8:51am== Fwd to: Shirley Volk CC: Jane Kee Frankly,•I•haven't•started•working•on•_~ it yet. I need more info. on the following: 1) With whom are we .entering. into the lease, i.e. name of entity, legal status (partnership, corp. etc} in what state are they incorporated to do business, their address. 2) Jane suggested that we require a plat in exchange for the right of way. Has dev. services Dome to this agreement with the developer? 3) Copy of the proposed plat 4) completed application for abandonment of right of way 5) is any one going to reimburse us for the prep. of the lease or are they going to pay the $250 fee for abandonment? 6) any other info. that you wish to provide to me. Thanks. Fwd=by:=Jane=Kee======7/20/95==9:16am== Fwd to: Shirley Volk I'm~confused.or.Rox•is.- we're.not••••• abandoning the ROW are we? I thought we were going to lease the rights First Worthing to access from it. You can get the info for 1. and I think you already told Noonan and First Worthing we would. want a plat in exchange for the lease.- plat showing the sewer easement, didn't you. I guess we should tell them there will be a .charge for. the lease agreement but we need to know from `legal what that will be, don't you think? Fwd=by:=Shirley=Volk==7/20./95==9:26am== Fwd to: Jane Kee ~C ~~~~~ Paae: 1 P'ainte'd by Jane Kee 7J21/95 8;46am Rox is doing a good job of getting everyone confused! You & I thought along the same lines, although you & Kent are the ones who visited with Cathy! I wish Cathy would give Roxy some ,details. I already gave her. the information about 1st Worthing's contact person! I did tell them we wanted a plat - but thought that would be part of the requirements of .the lease and .that if we don't get that, the lease would be nul & void. I thought we said we don't need the plat for building permit, but do need it before c.o.'s! I also thought that we cannot abandon the right-of-way because it would go to the property to the west instead of .this property, and that is why we are doing a lease agreement! Please get me back out of this!. And,...thahk goodness I made contact!. I had no idea she wasn't doing anything on it! How much time to they-think we have to get things done? Excuse my frustration, please. It's .not you, Jane, but I think you understand my feelings! And:..if you want me to do this I will. I really only got into it because you and Kent were gone! Fwd=by:=Jane=Kee======7/20/95=10:04am== Fwd to: Shirley Volk just~get~me•name,.address;•legal.entity etc. that Rox asked for and I'll forward everything on to her and you an be aut of it for now. I would like you to be the contact person to First Worthing and Noonan as part of the coordination role. Fwd=by:=Shirley=Volk==7/20/95=10:44am== Fwd to: Jane Kee Hey;.I'm•HAPPY.to•be•the.contact•••••.• person. I wouldn't mind doing the legal stuff either, if I really knew what I was doings You do, and you're so good at it, so this is a better way to work. The contact for the lease document is: First Worthing Company Limited Steven R. Utley Executive Vice President $144 Walnut-Hill Lane, Suite 550 Dallas, TX 75231 (214)739-8141. Fax (214)369-4130 I talked to him yesterday, and he has one problem with the proposed lease agreement, and that is that the way they now have their site laved out they will need another access point to Holleman, and he says it's to better accommodate the solid waste vehicles. I told. him we were writing it to limit access,to the Lassie Lane and that's Paae: 2 P'~inted by Jane Kee .7/21/95 8:46am ', when he told me they need another i location as well. The plat - well, that should be a condition of the lease agreement - that ~, it should be filed for record prior to issuance of any Certificates of Occupancy. on the plat, we can. show any easements we need. I won't get into the money. Guess we could handle this like a Development Agreement, only call it something different. They should have to pay - they're getting something for the effort we're making. I believe that covers everything. If you need anything else, don't hesitate to call. Darvo • Z Printed by Jane Kee 7/21/95 9:05am From: Jane Kee To: Roxanne Nemcik Subject: Lease Agreemnt ===NOTE______________°____°___=________ Here's the poop: Company to enter into lease agreemnt with is: First Worthing Company Limited (incorporated in Delaware to do bss.) Steven Utley is the executive vice president 8144 Walnut Hill Lane, Suite 550 Dallas, Tx. 75231 We are not abandoning the ROW.- just leasing the right to First Worthing to use it for access and to build their drive in it (it is a dedicated but unimproved piece of ROW). In exchange for this lease we want the property platted (they have. submitted a preliminary plat).. The plat must dedicate. an easement to cover an existing sewer line that runs across the property and dedicate any other easements necessary.. The preliminary does so. The plat must be approved and filed for record before we will. issue any certificates of occupancy. We will not hold up building permits for it. First Worthing can. either reimburse us for the. lease agreement prep. costs or pay a flat fee. I don't care about that. I'm sure they'd like some estimate of what this might be. I think this covers everything. If not just holler. Thanks. PacYe ~ 1 P~inte~ by Shirley Volk 7/13/95 5:09pm From: Shirley Volk To: Jane Kee, Kent Laza Subject: fwd: Noonan property ===NOTE====--=--======7/12/95==4:32pm=====__=____________________=__________ Have you heard from Cathy as to whether the document Mr. Noonan brought in really gives him the ROW right so we can simply get rid of it on the plat? Mr. Noonan keeps calling me thinking I will hear something "tomorrow" since I didn't "today" (whatever dag)! He & they (developers) are. anxious to know if they can do it by plat, or if it will be a lease agreement. Fwd=by:=Jane=Kee======7/13/95==9:58am_______________________________________ Fwd to: Cathy Locke CC: Jim Callaway ............................................................................. I was out last week but heard about this "so called right" Mr. Noonan bought. Is there anything to it or have you had a chance to look at it? Fwd=by:=Cathy=Locke===7/13/95==4:14pm_______________________________________ Fwd to: Jane Kee CC: Jim Callaway, Roxanne Nemcik, Tom Brymer .. ................................................................ .......Roxanne is working on•this. Fwd=by:=Roxanne=Nemci=7/13/95==4:29pm____________________=_____________=___ Fwd to: Jane Kee CC: Cathy Locke Talk.to.Shirley.••She•checked•on•the•metes•description•and•your•plotter•.••• found that the description in the deed. does not include Lassie Lane. Therefore, the deed does not convey legal title to Lassie Lane to Mr. Noonan. Shirley says that Garrett Engineering agrees that Lassie lane is not part of the land conveyed by this deed. So, what do .you want in the. lease when it is done. In my opinion it is premature to draft a lease because the developer does not own the land yet. If we do a lease with Noonan, it can be assignable but you don't know how that .property will develop so you can't put any provisions in the lease in this regard. In any event, I am here to serve you so let me know what you want to do. Fwd=by:=Jane=Kee======7/13/95==4:57pm_______________________________________ Fwd to: Roxanne Nemcik CC: Shirley Volk I'd do.a•lease with First•Worthing who is the apt. developer and~tie~it•to•• their. purchase of the property somehow. Or do one with Noonan with assignable rights. Whatever develops can take access from Lassie Lane. I ~p can't imagine this wouldn't work for any development and it is zoned WPC so v we know what uses can be put there. You might want to tie it to apt. development if you think that would be safer. But then if it develops commercially we have. to go through this again, Obviously I'm thinking out loud. Let's do it w/First Worthing and tie to their development. We do need to be sure we get an easement for the sewer line that runs across the property that apparently we never got an easement for. This is in case we don't get a plat from them (they don't have to plat if they don't want OR , HEY A BRAINWAVE - we could require a plat in exchange for the lease that grants us the easements AND also limits Lassie as the only access point onto Holleman. for this property. Yes. Yes yes let's do this - a lease in exchanger f a lat and onl e ce s of t. We will discuss this wi First ~ Worthing. an tell them we won't hold u ermts pending filin of the plat but we will C o' the plat taken ca o All the wor as actually been done for the plat and we ve revewe a preliminary plat anyway. They just slowed down on the plat when'we told them they did not, by ordinance, have to plat. This e-mail should take an award for the most rambling e-mail! .,~ If this note is too confusing call me tomorrow. I'm always clearer in the '\ AM. Paae: 1 Printe& by Shirley Volk 7/13/95 5:09pm Shirley please call someone with. thedeveloper-~and Noonan. and tell them all this.. Thanks. Pacre: 2 Painted by Shirley Volk 8/01/9.5 1:28pm From: Roxanne Nemcik To: Jane Kee Subject: fwd: Noonan -Lassie Lane ===NOTE====---=--=====7/31/95==1s58pm== I spoke with. Mr. Talbot today concernin the status of Lassie Lane and Pooh Lane. He is questioning whether these two streets were officially accepted for public use: (1) wanted to know whether the city had accepted these dedications or not. {2) if so, then he questions the city's ability to lease public property for private use of subdivision. Please research you file concerning the dedication. Has the city accepted this for dedication? Has the city ever rejected it for dedication? Please get back caith me ASAP. Additionally, I need to meet with you to discuss changing this lease to a development agreement. Thanks. Fwd=by:=Jane=Kee======7/31/95==4:OOpm== Fwd to: Roxanne Nemcik CC: Kent Laza, Shirley Volk ROW was.dedicated by plat March 1973•- Pooh's Park edition. has never been abandoned as far as L know. What is involved in changing from a lease to a dev. agremnt. Originally when Kent and I approached Cathy it was to see if there was a really simple way to handle this that did nat get us into a dev.. agremnt. Cathy suggested a lease agreemnt. Fwd=by:=Roxanne=Nemci=7/31/95==4:07pm== Fwd to: Jane Kee The•problem•is•that.Richard.Talbot•is.. representing the adjacent property owner and will probably challenge the lease. Fwd=by:=Jane=Kee======7/31/95==4;11pm== Fwd to: Roxanne Nemcik great!•~we~have~a.predev.~mtg.•fri...•~ morning with pooh"s park folks (I dan't know who). It's at 10 am. AOn't know if Talbot will be there or not. Are you interested? Fwd=by:=Roxanne=Nemci=7/31/95==4:12pm== Fwd to: Jane Kee I'd like•to•discuss tYris with•staff•.• prior to the mtg. Just FYI Talbat is Hubbard Kennedy's law partner. Fwd=by:=Jane=Kee======7/31/95==4:16pm== Fwd to: Shirley Volk CC: Roxanne Nemcik PxinteT~ by Shirley Volk 7/21/95 5:Olpm From: Jane Kee To: Ed Hard Subject: fwd: Access - Noonan tract -==NOTE====-------====7/20/95==2:15pm== I'm working onthe .lease agreemtn so that they can take access from Lassie Lane. Conditions of that will be submission of a plat deviating easements and I was going to limit access to Lassie Ln. Shirley says they have a problem with this. Due to the way their site is layed out they need another access point to Holleman to accomodate solid waste vehicles. Is there a point along their frontage on Holleman where they could get another access point? Is this the better way to go rather than limiting an apt. complex to just one way in/out? Please look at this and let me know your. recommendation. Rox is owrking onthe lease agreemnt as we speak. Thanks. I have no drawings of any of this in my possession. Fwd=by:=Ed=Hard=======7/21/95==4:OOpm== Fwd to: Jane Kee It does~appear.they•would.be~able•to••• get another access along Holleman.. Considering the existing GTE drive and the future Fire Station Drive, the best location would be somewhere about 300-350 feet east of the centerline of Lassie (on the north side of Holleman). That's my best estimate having looked at an aerial and the prelim. plat.. It would be best if I could work with them on the location. Fwd=by:=Jane=Kee======7/21/95==4:29pm== Fwd to: Roxanne Nemck, Shirley Volk FYI - we won't limit access to juist Lassie. II r- --- P-0rint~d by Jane Kee 7/28/95 4:15pm From: Jane Kee To: Roxanne Nemcik Subject: fwd: Lassie Lease ===NOTE====______==°==7./28/95==4:llpm== Richard Talbert called .(he's an attorney in Hub's office). Has questions about lease. Says if Dales granted Lassie for public use and it's not being used that way shouldn't they get it back? Actually the lease agreemtn w/First Worthing does not preclude Lassie being used by the public does it? The lease agreement does not give them exclusive rights to use it does it? .Also be sure the agreemtn specifically states that First Worthing will be resp. for maintaining the drive they will construct in the Lassie ROW. I can't remember if we talked about this or not. Thanks Fwd=by:=Roxanne=Nemci=7/28/95==4:14pm== Fwd to: Jane Kee The•short•answer•is•no,•we•do.not have. to return Lassie Lane to the person who dedicated it to the City. There was no reversion clause or condition placed on the dedication by the donor. We did not discuss exclusive use of this area by .the subdivision previously but I will ensure that it does not give them exclusive rights to the road. 4 N ~ - - ~ REQUEST FOR LEGAL ASSISTANCE REQUEST FOR ASSIST; DATE: June 30, 1995 II DIRECTOR APPROVAL: CE SyyU//BMITTED B :Jane Kee /Kent Laza -fl~1 ~eG, ,,.. e.t/~ Research ^ Advice ^ Ordinance Writing ^ Contract DEADLINE AND EXPLANATION THEREOF: A lease agreement is needed for Writing ^ approval by Council on August 10 1995 if possible. Property Acquisition^ ~~ EXECUTIVE MEMBER APPROVAL: EXPLANATION OF FACTS: The developer (First Worthing) wants to develop the Noonan tract as an apartment project. They would like to take access from Lassie Lane (please see attached plat).. The ROW. for Lassie Lane exists north of Holleman, but no improvement has been made. All of the ROW came from the Dale property, not the Noonan property, and abandonment vvould cause the ROW to .revert back Litigation/ Potential Litigation ^ to the Dalepro~perty. ~• ~~ HAS FURNISHES US WITH A COPY OF A DOC[J11~NT WHTCH HE SAYS G2VES HTM EXCLUSIVE RIGHrS TO ALL EArS AND R.O.W,++S CROSSING .THIS PRQPERTY. STAFF NEEDS TO KNOW TFWTTH THIS DOCr, THE LASSTE LANE RIJW CAN. BE ABANDONED TO HIM BY PLAT. EXPLANATION OF ISSUES: The City does not want to be responsible for maintenance of a private drive to the apartment project in a public ROW. QUESTIONS REGARDING THE ISSUES: STAFF GOAL ON THIS REQUEST: We would like to work out a lease :agreement to allow the private use of a .public ROW for a drive entrance to relieve the City of maintenance or liability. The siteplan and platting are underway. The developers have requested building permits by October 1; 1995. S'~Ak'F WOULD LIk~E 7n BE ABLE ~ ABANDON' THE ROW BY PLAT, BUT IF THA'~ IS NCYP POSSIBLE, THEW A LEASE AGRT WILL E;E REQUIRID. js/c/forms/assisP 07/05/95 IINNERSITy TITLE COMP,4Ny July 6, 1.995 Ms. Volk Development Services COCS Planning. Dept. Please deliver to Ms. Volk. Per Jim Noonan. Charles. Marino. '', Celia Goode, President 1021 University Drive East Post Office Drawer DT College Station, Texas 77841-5079 Telephone: (409)260-9818 Fax: (409)268-3080 • ~t .~ .° ~;,r i,- ! '•_ - -, ;:_ S°I°ATE OF TEXAS ~~~~~~ `J -. QUIT CLAIM, RELEASE, AND INDEMNIFICATION ,. )( -- f•_ )( j c_ ~ . COUNTY OF BRAZOS )( 1 ~= ~_,: ~' ~ - =-~ ~~ _~ ..~ J N IZ. DALE of Brazos County, Texas, hereinafter called DALE, for and in DO consideration of: dollars and other good and valuable Houston, 1) The sum of Ten and No/100 ($10.00) J C Noonan, of 3106 Stoneybrook, consideration, to me in hand paid by 77063, Harris County, Texas, hereinafter called NOONAN, the receipt of which is hereby acknowledged; ..tJ y ~_ foot easement by J.C. Noonan, for a Utility 2) The conveyance or dedication of a ten (10) Easement on the below described property adjoining the common boundary line with Pooh's Park Subdivision, .Section One (1), Block Four (4), and ideration of the Indemnification by Noonan, his heirs, sucWnatsoeverd, 3) In further cons and all claims, assigns to indemnify and hold Dale harmless from any however arising, for the providing of a road ha e an obl gation related t nth at certain person or entity, if any, to which Dale may . Jr., as described in Volume 3.15, Page Deed from Don R. Dale to Clifton B. Manning, 123, of the Deed Records of Brazos County, Texas.. It is the intent of the parties to .this Agreement to rele Oe foo rjJtilitS;lEasement adjo Wing may have in the below described property, other than the ten (1 ) oh's Park Subdivision as set forth above, in consideratiornfo i ht of-way,laccessD,aor easemlent Po from .any claim, whatsoever for the .requirement. to prove e a y g as shown in the plat attached to the Deed referred to he obli at'on o furnish any sduch r~ghtg-of- search of records and have not found any evidence of an g way, access, or easement. .- .Therefore,. in consideration of the above, Dale does bargain, sell, release, and quit claim unto Noonan, his heirs,.successors, .and assigns,.all his right,.title, interest, and those agreements related to that certain tract or parcel of land lying in the County of Brazos, State of Texas, and being described ~ay Metes and Bounds in the attached Exhibit "A", and ~~%hich is that certain .property described in a Warranty .Deed dated April 26, 1973, from Don R. Dale to Clifton B. Manning, Jr., recorded in Volume 315, Page 123, of the Deed Records: of Brazos County, Texas. Noonan does hereby.::indemnify and hold DALE harmless from any claim by any person whomsoever claiming any right-of-way, access or easement on or across the property described in the attached "Exhibit A"; and binds 1\TOOnan, as owner of the. described property, along with his successors in interest to said property.. To have and to hold the above described premises, together with all and singular ofthe rights, agreements, and appurtenances thereto in any wise belonging to Noonan, his. heirs, successors, and assigns. forever, so that Dale, his heirs, successors, and assigns,: nor any person or persons claimingunder him shall; at any time hereafter have claim, or demand :any: right or title to the described premises, or under any agreements set forth in the Deed referred to above, or any part or .title to the premises, .agreements, or appurtenances, except for the ten {10) foot Utility Easement adjoining Pooh's Park Subdivision referred to above.. Each party represents to the other. that he 'or she has full legal authority to bind their successors in interest and to' act herein in the capacities stated, and that to the best of eachparties' knowledge, there are no claims to right-of-ways, easements, or 'access under he deed referred to in Paragraph Number (3) above by any person not a party to this agreement. Witness my hand this ~ I day of October, 1994. DON R. DALE .C. NOONAN 2 ~o~ 2~23~~,~~19 A . STATE OF TEXAS )( )( COUNTY OF BRAZOS )( This instrument was acknowledged before me on this ~ day of October, 1994, by DON Ra DALE, '°~'' ~~~~: ~t~'ta,y al:~~i~ ~.~it'. Q~ ii?ki,S t ~.~~P;~ ft~y Cornraisson expires I2-I; -94 ~ OF (1! STATE OF TEXAS )( )( COUNTY OF BR.AZOS )( This instrument was acknowledged before me on this ~Z day of October, 1994, by J.C. NOOI\tAN. __ otary ~;;~_ ~ o;..: r ;..F,... ~.,•~`:. Ptietary P~~~Gc Sta}. C ~?xas '~.. d~`~J~,;~ tg;~ ~ommissicn expires 12-1~-9~ ~,: ;E . 3 V0~ 2~?~ naVC ~~O ,~ ~` Field Notes .8.00 Acres Being all of that certain tract or parcel of land lying and being situated in the MORGAN RECTOR LEAGUE, A-46, College Station, Brazos County, Texas and being all of that 8.00 acre tract of ]and conveyed to Andrew D. Difiore, Trustee by Roger R. Davidson, Trustee, recorded in Volume 949 page 729, Official Records of Brazos County, Texas and being described as follows: BEGINNING: at a 1 /2" iron rod found at the east corner of said 8.00 acre tract, same being the south corner of the S. W. Equity 13.45 acre tract (1128/713 and 1137/574); also being in the northwest right-of--way line of Holleman Drive; THENCE: S 41°31'31" W - 41 1.11 feet along said Holleman Drive line to a 1 /2" iron rod set at the beginning of a curve'to the right; THENCE: 38.83 feet around said curve to the right on said Holleman Drive line with a central angle of 88°59' 18" Rt., a radius of 25.00 feet and whose chord .bears S 86°00'49" W - 35.04 feet to a 1 /2" iron rod set for corner in the northeast right-of--way line of Lassie Lane; THENCE: N 49°29'53" W - 101.25 feet'along said Lassie Lane line to a 1 /2" iron rod set for corner; THENCE: S 41°31'31" W - 428.41 feet across the end of Lassie Lane and along the common line between said 8.00 acre tract and Block. 4 of Pooh's Park Subdivision Section One (314/61S) to a 1/2"iron rod found for the south corner of said 8.00 acre tract, same being the east corner of the Don R. Dale 6.03 acre tract (275/ 113); _ THENCE: N 47°33' 18" W - 347.13', feet along the common line between said 8.00 acre tract and said Don Dale tract to a 1 /2" iron rod set for corner, same being the south corner of the Lacour Investments 12.18 acre tract (394/768); THENCE: N 42°09'43" E - 852.65 feet along the common line between said 8.00 acre tract and said Lacour Investments tract to a 1 /2" iron rod set for corner, same being the most northerly common corner of said tracts; also being in the southwest line of said S. W. Equity tract; .THENCE: S 49°33'44" E - 463.66 feet along the common line between said 8.00 acre tract and su:d S. W. Equity tract to the PLACE OF BEGINNING; and containing 8.00 acres of land, more or less, according to a survey made on the ground under the supen~ision of Donald D. Garrett, Registered Professional Land Surveyor, No. 2972 on March 29,' 1994. -- ,_ ~, ~1 .~ ~;: r',. ~ _~ t ~~" ~ ~~ ~~ w;u he l~,.J4~-1~'s EXPLANATIO U V4`~° ~~ \ ~ OF FACTS: ! ~ p P ~ ,a^~ CJ~s.`.~ ~G~~ ~~ ~ y ~ ~ ~ V ~L/• M tai.. r ~ ~~'; r5-4-\~~ ~~`~ ~•~ '~`~~ ~, ~ / fl '~"t/'~ / ti..~u".,1~ ~ ~ S A ~Ne a ' r ~ ~ . „ /~} ~A ~ ~~ I ~ /~ f'~ ~ z~ ~ ~~ ~ ~..~.,, `^`~ '~ ~ `~ ~ ~ r ~.. ~:J.~'h ~'°" ... ` ~^ - ~ ' `. 5,..~'-'P t ~ r . .. eL ~4 I fS~- V~ r ~~~~...- 1~•.~ ~f ~`F Ld ~,. -~ G~ "~"' J • 6 e ~ (//yy} ~n,rry ( S /~/~..~ / 4~/ ~~ ~ ` Y , ry/1 ` V 4~.~ ,/L..l ~l / a f: d'~~~/' f r t ~ _.~~ l / ~ °~ ~ err /"'1 (, ~ .~s ~ (~ S...N~1 {~% ~ tll~~-~.~_~ , ,!( ~ ` / 6% /}"~ ~~- i. ~. ~ i./ ~y' ~ 4! ~ ~.. '~-'{ ! Y F~ FE f . Y ~ u 4 EXPLANATI®N OF ISSUES: - ~ ~. ~ ~ ~ Ga .ate ~ t~~ ~'~" , QUESTIONS REGARDING THE ISSUES: STAFF GOAL ON THIS REQUEST: ~~~~~~~ ~,t:~..°~`'' ~°~~~ ;~. ~ ~ ~`,~~ ~e~ t~~~ ~ a ~ ~~ `~/ i~tt ~.J ~~ ,~; ~} ~.. c~ ~p~t,~~'~,r~ I~G,s~[ ~ ~•4il~a- `~,~~r.~,~f'~~~~(~~_~.~~ i~~t~-¢- C~c 4-~~ ~~ ..l~,n'_'`~~-~~~r`C.~, ~3 P' 4 ~ ~~ 1 ~ . ~. ~ ('t"~ '(3 l./'- i't (' ~ ~J ~t .t,2k~.J ~.. t~ t.:? ~ ~ 4 ~. ~.. \ t ~: `~- ~ ~ s"~ r~ ~ ;,t .xry~P~` . WG~-/l~ r js/c/forac~s/assist n~/o~i9a ,a a js/cfforms/assist 04/04/94 `i CITE ~F COL.LEGE STATIOI`I Post Office Box 9960. 1101 Texas Avenue College Station, Texas 77842-9960 (409) 764-3500 May 23, 1995 J. C.;Noonan 3106 Stonybrook Houston, Texas 77063 VIA FACSIMII,E AND REGULAR MAIL re: 8.O ac. tract, Morgan Rector Tr. 97. Dear Mr. Noonan: Lhave reviewed your.: proposal to address the Kyle Street southern extension issue by dedicating athirty-five (3 5) foot wide right-of--way along the .western boundary of your property. This will leave. an additional thirty-five foot right®of way on the adjacent tract for the City to acquire through dedication at development or other acquisition method. After review and consideration we have decided to recommend that right-of--way. for the future Kyle extension is centered along your'. western boundary (consistent with your proposal above). We will present and support this recommendation to the City Council as part of the normal`developinent review process for the project proposed on-your tract. incerel , a....w James M. Callaway Asst. Dir.,: Economic and Development. Services .~c cc: Tom Brymer, Interim City Manager Ekey Ash, Director of Economic and Development Services Jane Kee, City Planner Kent Laza, City Engineer Home of Texas A&M University _, ~ _ _ ~~ (~~. ( l _ r ~ l ~ ~ STAFF NOTES C~ '~'~ I I' ~'" . Arbors at Wolf Pen Greek l GJ l ~ Case #95-505 1 ~ ~ ~~~, is ion Items: ~- he Design Review Board may want to walk the subject pro to look g re lon the r o t ro ert to dete e hat type of ectio will b equnred i cludi p p Y I~'~i J os g 'rlffy o tree ells. Sta#~~is~ con with th~ e e g ^ tre_e~ with itmited tree, ,. _ ___ protection. G.~P.a' ` -- - _ - ----- Status of ff--site drainage eas merits? No building permi will be iss ed until the off~te ~ drainage asements~,xre obtaine . It is at the applicant's own 'sk if prefer to c tin with the sub ssion arld approval of uildng andsi"te construction Tans. " e DRB may w to look at the r ting o the storm sew r and the removal of trees. {H 'll the existing tree line to be L eft u di to ed on the adjace 1~tl~nro tract if the undergrou storm drain line must be inst ed in that general area?) ~ ~~s~~ c~~2 _ Pedestrian access to Wolf Fe eek? ile this property does not directly back up to the creek, pedestrian access could be provided and eventually continued when the adjacent property develops If .the property will not be platted until after construction begins, a .temporary blanket easement must be dedicated for the entire property and the(~ ~5' wide right-of-w r K le Avenue must be dedicated prior to issuance of a building permit. 'rl C,.~~ ~~ ~d a fi ore ~ e . ns is as _ _ ~~ ~ y Ordinance Requirements: -- ~~~~~~~-C.~ { Lassie Lane must be constructed to street standards. Thee. City will maintain this section as a public street.. The. applicant will request a variance to the distance requirements in the Driveway Ordinance for.distance of driveway and distance between driveways. The City will allow the Dale property. to get access to -Lassie Lane. {Ed will write Dixie Dale a letter .explaining the conditions :under which they will get access.) ' J i ~' ~ v Is the 20` drainage and public utility easement along the most easterly property line existing. - ~~ , V Show the proposed topography information and how the site will be regraded.. There are some ~~`~" steep rises along the rear of the property and the DRB has the discretion to review any retaining. wall materials, the preservation of the trees in t at area and the view of the boil in s from the. II rear. G`l ~I~ ~ ~ ' ~ ~ )~~~~ ~'~ ~ ~~~~ ~~t The right-of--way dedication for Kyie Avenue scales 30' in width and is noted at 35 in width... ~~~ Note and show to scale the 35' minimum right-of--way dedication: for Kyle Avenue on all pages of the site and landscape plans...- ~~~-+ ~, compactor sh old be relocated elsewhere on the site o a ' ' ~ ny .------ i c nD r °~ C ~r~~9`",.",~ rport 'rm esi cles.)7 be a~roble line{ (~ roe mus u~irv~ in this area may al restrict access for emergen y -- (m~-- +,,,-n~rnun~i fnr amaraencv ~Ph;cles near the cl~ `_ There are~.~eu~al-:fire .hydrants located in the middle of parking spaces. The fire hydrant locations shown are not approved and will not be reviewed again until the hydrants are relocated. Staff is concerned with the flows. of the existing water. line for fire protection to the site. Submit water flow calculations for the fire.: flow. A public utility easement is required to cover the fire line. ~ Show the designated fire lanes throughout the site, (See. page: 7 of the site plan.) _~ Show. the total island area. provided throughout :the site. Calculate the interior parking island ..requirement as follows: 8 end islands @ 180 square feet = 1440 square feet 126 interior .parking spaces / 15 = 8.4 x 180 square feet = 1.5.12. sq. ft of island Total island. area required = 2952 square feet Label the mail box kiosk and show details. he tw arkin is adjacent to Holleman must be screene a at re will be a 0o mount of shru s ere a ne etails t e it is adequate to screen. ~~ The radii dimensions on the most easterly .drive entrance are too small. (M'inimum of 15' and maximum of 30') Clarify the width dimension of the drive entrance.` {It is noted at 24° but only scales 20'.) Attach minimum,>maximum and average water,'sewer and irrigation`demands for the entire site. Show where the water meters will be located.. The City will size .the meters based on the load information provided. -~ - --- -~-I~~~ n the Sit~~{T7I'ilUing Y1aT1 LeL`d115) Wi1C - v~ uuu~~~.: ~~ If the meter banks will be located on the sides of the building ,they must be screened from all ~1~%~"~ public rights-of--way and the property to the rear.. ~~""~- ~ /~ `~ ~A drainage development permit is required prior to any. site work. ~, s - omments/Concerns: ~~\_ ~_ ~~Possibility of cross access betwee `he subject property and the adjacent Munro tract? , '~ ~ _ Do the existing ambulatory ramps at the Lassie Lane entrance meet ADA requirements? If not, ~ can be reconstruct them to meet the minimum requirements? men s wi e require . ote w ich units are 1-2-3 bedrooms. G.T.E. will ~~ _ ~ -Coordinate details with G.T.E. Representative Laverne Akin at {409) 82i-4723. ;- _, ~. `•, CITY OF COLLEGE STATIOI`I Post Office Box 9960. 1101 Texas Avenue College Station, Texas 77842-9960 (409) 7643500 May 23, 1995 J: C. Noonan 3106 Stonyhrook Houston, Texas 77063 VIA FACSIlVIII,E AND REGULAR MALI, re: 8.0 ac. tract, Morgan Rector Tr. 97. Dear Mr. Noonan: I have reviewed your proposal tto address the Kyle Street southern extension issue by dedicating athirty-five (3 5) foot wide .right-of--way. along the western boundary. of your property. This will leave an additional thirty-five foot right-of--way. on the adjacent tract for the City o acquire through dedication at development or other acquisition method. After review and consideration we have decided to recommend that right-of--way. for. the future Kyle extension is centered along your western boundary {consistent with your proposal abovej. We will present and. support this recommendation to the City Council as part of the normal development review process for the project proposed nn your. tract. incerel , oy..r... James M. Callaway Asst. Dir., Economic and Development Services ,,y :~c cc: Tom Brymer, Interim City Manager - Elrey Ash, Director of Economic. and Development Services Jane Kee, City. Planner Kent Laza, City Engineer Home of Texan AI;M ^niversity e WSI Arc ~tects ARCHITECTURE. ~ PLANNING ~ INTERIORS August 8, 1995 Shirley Volk Development Coordinator City of College Station 1101 Texas Avenue College Station, Tx. 77842 Re: Arbors at Wolf Pen Creek Dear Ms. Volk: In regard to the .above referenced project, we have utilized 1.25 parking spaces per bedroom for the two bedroom units, and all bedrooms in the B-1 and B-2 units are below 132 square feet per bedroom as required. Yours Truly, WSI Architects Incorporated Edward T. Stefoniak, Vice President Printed by Shirley Vo k 7/05/95 ~12:05pm From: Kent Laza _ ,_ - To: Shirley Volk ENTEX DEVELOPMENT COMPANY, L.P. j Subject: Noonan Tract ~~ ---- ===NOTE====______=====7/05/95==9:36am== I'm sending a RFLA to legal regarding a lease agreement for the piece of ROW JOE J. ARCISZ, III into the Noonan Tract. They will ~ 6 develop a lease so that First Worthing ' ~- 1 P.O. BOX 19000 ,..a !~ can use our property and We W111 nOt 3333 LEE PARKWAY have to maintain It . I heed thelY VICE PRESIDENT DALLAS, TEXAS 75219 ~~ address and a responsible. party to put ~ 3333 DEVELOPMENT CORPORATION TELEPHONE (214J 559-6700 GENERAL PARTNER FAX (214J 559-6714 on .the lease. Do you have a card or ~Q•. - something that gives that? Thanks. - - -- --- ~~ { ~ (7/~~ 783.- 7~ ~~ FIRST s ° W ~ ~~ M 2 , ~ ooN ~ ~ woRTHING ~ - s no o ~b r~l- f M COMPANY 3 ,,% ~ o ~ / ~t t.~ ~ i o ~i ~ ~~ /~ ~} C Steven R. Utley ~ a ~ ~.~ ('~'' ~' ~~ "" TI ~ ~ ~ n ~ecutive Vice President ~ a: Q~ ~.~E-/y1 ~7' j~~ 1~T5 f~~'pMl ' w ° L~lj f~ `1' ~ 8144 Walnut Hill Lane, Suite 550, Dallas, ~ 75231 „~~ hG'S ~ ~TZ7 !- D It 1 ~ 1 ~ ~~ (214)739-8141 Fax (214) 369130 . Apr J~ ~ ~ ~'~rJ~~~ ~-,~' ~ ~~' ~l~ inl~~ P~nP~ 1 FIRST WORTHIl~TG C®MPA-NY MEMORANDUM TO: STEVE UTLEY VICKY HASTAD FROM: KELLER WEBSTER i DATE`. OCTOBER 13, 1995 I SUBJ: ARBORS AT WOLF PEN CREEK ~ STREET ADDRESS I~ i of Colle a Station, she informed me the street In my meeting yesterday with Shirley Volk / C ty g address will be: 301 Holleman Drive East ,li i n Texas College Stat o , i '' cc: Shirley Volk Earl: Havel David Herbert Fred Ahbrecht `~ i ~, ~ ~~ 8144 Walnut Hill Lane, Suite 550, LB-6, Dallas, Texas 75231 (214) 739-8141 Fax: (214) 369-4130 ~, Landscape Architecture October 26, 1995. Ms. Natalie Thomas City of College Station Development Services 1101 Texas Avenue South College Station, Texas 77840 RE: ARBORS AT WOLF PEN CREEK Dear Ms. Thomas: Per your request, the following is the calculation of gallons per day, information received from Mr. Stephen Berkenbile, registered irrigator, state of Texas: 1. (3) - 2" irrigation meters 2. (3) - 18 station controllers (one per meter) 3. (60) - G.P.M._(gallons per minute) per zone 4. (1,080) -G.P.M. per controller x 3 controllers 5. (3,240) -G.P.M. - 3 controllers 6. 10 minute water duration per zone 7. (32,400) gallons/day for 10 minute water cycle 8. system runs 3 times per week (usually maximum, sometimes far less) 9. 32,400 x 3 =.97,200 gal./day =7 10. 13,886 average gal./day this system will utilize Please let me know if we can provide any further information. Sincerely, Linda Tych LINDA TY HER & ASSOCIATES, INC. LT/pr cc: Mr. Keller Webster, First Worthing Company 11411 N. Central Expressway, Suite V Dallas, Texas 75243 Phone: ~214~ 750-1 Z 10 ®•, CITY OF ~COI~L.EGE STATIOI`I Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-9960. (409) 7643500 November 29, 1:995 -Don Garrett Garrett Engineering 4444 Carter CreekPkwy, .Suite 1.08 Bryan, Texas 77802 re: Arbors Drainage Report Dear Don, We have completed the review of the above referenced report.. The report submitted addresses our previous redline comments. The report is complete and accepted. ,Thank you for your work on #his projects S~ncerely, f r , ', '1.~~.~ r------ Veronica J org~n~ Assistant City. Engineer cc Samantha Smith, Engineering Assistant Kent Laza, City Engineer i/Shirley Volk, Development Coordinator Kehler Webster File <o:kJev_serlv\arbordrg.doc Home of Texas A&Pvi Universety ACT ~3 '95 04~00PM W S I ARCHITECTS P.1i4 ~. e ~ / ~' Fax lv1~E~norand~~m/Ts-ansm~•~-~al Date: --..~{r'~~,,~....••-----~~.~..........~F..~.~~~ From: - r° ........... w ~.........r~i-~2~t..1......... -• . .. wsi ~ ~.oj~cr No. ~' Number of pages including ltiis ~pagc -.--.. ,,.,,, SubjecL- ---• .........................................•----............ ........... 1f 4haro are.,r,y qucslions ConcQrninfl this Vansmis5ion please coni<ict tt)e sender al (214} 45Ef-9999 y Y ~ ~ ~ ~~ ~~ ~ ~~~.~/ N.CIIIII~'llll:C [7 PtnNNING f.1 INICItI[)la The irtforut,lfion coitl.~inecl in lflis facsimile r~~ess:tc~c is c;fienf pr'ivifegcd and cvntdenfi~~l ir>loerllofiort inlendccl ortly. fw~ (ftc arse of the irxlividual or cnfify rr~3ntec! above. Jl fl rc rcadur of !ltis rttessr,Jc is not the infcnUod rceiE~icnl, or the crttpfoycc, or ~rger~t responsible fo clcliverlo fftc infc:nclcel rocipiertl, you arc her'cby nofitcU prat errty disscrttinafrort, clisfrif~trfion orcoE)yir~g of f1>'is corrtrttanicafion is sfrkfly prohibifecl, fl you havC~ received lfrrs contrnurticafiort irr error, pfe:?se polity (he scrtder ilrtrrtccfralely fey phone, oncl rcfurra !!te origirttl! rne; s;lge fo sender of fhe addr~css below vra !hc Urtifcd 5l~fcs Poshf 5crvicc. Tl»rtk You. 1?~~.n r~llcll r)uf vt . sulll 17oa . Untl,n5, lx '1 ~~5;.tIr~l .l . Ui4)n~~n-9977 . rnx t~l~t ~t~o-gars ' P.2i4 ~, OCT 29 ' 95 ~ 04 ~ 01PM W S I ARCHITECTS ~~~ ~ y ~ ;_._., x 2 ~ 15 ~ ~ _~Ll~ ~ L- _a "' w~! - - i ~'-lm" i~o" -~ ~'-~" ~''S~~ - i?~SILIE 0 ~ rD1T~ M2 t i _ ~ ~ -' ® ~.~ .~/. ~ i ~ ~ ; Q __- ---- ~ ~, a_ ~~ a (O S1LfEt~T ~ ~ ~q ~ ~ ~ ~C 1 tG4-~ ~N _~ • •~ ~a iSl G~12PET 9 - S ~( ~ ~, r _ _ ~' MEDICINE G~4E31NET ,' - __ ~ ~ F {; ~ N 4 -0 Q ~~~ ~ ~~a~ooM -- - - /2. ~,~~ i __ ~~~ ~ ~; 42" I~{ BA1` Y .. .. ,.., -I^ J 137 - '11 ~` ~~,. ' ~ ~- WD COLUMN ~ Oi at ~ R R~IMINCs ~. ~ ~~ 2 5 c r~~ ~~ 1 -~ ~ - iM -s-- ,~ 4,-2" 3~.,~~~ ~ -',Cis; ~'>~-~~~ i I'-l ~o'-~" I _ OCT ~3 '95 04~01PM W S I ARCHITECTS B P.3i4 i i I i i i= i i i I ~ ~ >~ ~~ ~ ~ ~~~ ~~` - O -- G ~ p,~lUDS ~g 6UI ~~ ~~~ ~I ~ ~~~.~= ~p,..~.~ \,~~~` ~~: ~ti~~, ~ ~ ~~ ~ d~- ~- ~. ~~ ~~~~~~ ~~~.~` ,~... r ., ~... ~h~~~~~ ~ ~~ ~ h~~~~• n ~\~~~~ ~~ ~~~ ~1 ~~~~~`I ~~~~~~ -~~~~~~ ~t~~> ~ ~~~~~ F- ~~~~~ K~~~~~ ~~~~~y ~h` O ~~~~\ L~~~~ >~~~~ ~;~~~~~ ~~~~~ (~ ~ ~ ~~~~~ h ~~~~~e mI I `~\` ~.~~~ ~ ~~.~\1 ~ h~~~~d .~.e U c ~ . . r\\\\\ \\\~ \\\~ '_ rw ~1~~~~~ ~~~~~y ~~ ~~~~~~ ~~,~.~~~ ~~~~. ~~~~~y r ,~~~~y ~ o ~~ ~ ~:a a `-r. ~--- Sl~~ OC7 23 '95 04~0~PM W S I ARCHITECTS r v ~ ~ ~~ ~~~ ,~ r ~; ,, ~ ~. J ~.. b 3 ~ ~ V` V` ~O ,~.~ `9 N ~- Cr' J Q P.4i4 /~~ • V V~ 9 t~ ~ ~~ i~~ ~ ~ o ~ ~. ~ ~ f a~ ~ yl 6 I ~ V yl j~ ~II I ~~ ~~ ;~~~ I ~ ~~U f~ ~ ~5~ ~ ` I ~ 4 ~~ I :?~ I .~~ ~ ~ ~ ~; ~ [ ~r >~ ~~ f ~~ ~.y .'~ ~ `- ~~ ~~ti ~~~~ '~~ F.\ ~I N ~' ~~" '.~~ ~ ~S~ ®~ CITY OF .COLLEGE STP~TI®1`I Post Office Box 9960 .' 1101 Texas Avenue Co-lege Station, Texas 77842-9960 (409) 7643500 May 23, 1995 J. C. Noonan 3106 Stonybrook Houston, Texas 77063 Dear Mr. Noonan: q5-mss VIA FACSIlVIII,E AND REGULAR MAIL re: 8.0 as tract, Morgan Rector Tr. 97. I have reviewed your proposal to address the Kyle Street southern extension issue by dedicating athirty-five (35) .foot wide. right-of--way along the western boundary of your property.. This will-leave an additional.. thirty-five foot right-of--way on the adjacent'tract' for the City to acquire through dedication at development or other acquisition method. After review and consideration we have decided to recommend that right-of--way for the future Kyle extension is centered along your western boundary (consistent with your proposal above). We will present and support this recommendation to the City Council as part of the normal development review process for the project proposed on your tract. incerel , James M. Callaway. Asst. Dir., Economic. and Development Services :jc cc: Tom Brymer, Interim'CityManager Elrey Ash, Director of Economic and Development Services Jane Kee, City. Planner Kent Laza, City Engineer Home of Texas Af;M university R/CHARDD. TALBERT, P.C ~ ^~~-'J ~Atr~~~y ar e('aW 426 Tarrow Street, Suite 104 College Station, Texas 77840 TELEPHONC• 109 - 6/6)880 July 31, 1995 _-,-~ - - <«~ Planning and Development City of College Station City Hall 1101 Texas Ave. S College Station, TX 77840 Re: J.C. Noonan, Trustee -Tract, Preliminary Plat of Arbors at Wolf Pen Creek Dear Mrs. Volk: I am writing in reference to the Preliminary Plat submitted by Mr. Noonan for The Arbors, as this Preliminary Plat. adjoins. a tract. of land owned: by Pooh's Park Development, Ltd. Ivly clients. object to the inclusion of only athirty-five foot right of way on the. Preliminary. Plat along. the boundary that adjoins my client's tract of land .(formerly the Dale tract)e This objection is based on several reasons, including the following: 1. The thirty-five foot right of way would misalign the extension of Kyle. South from Harvey Road to the existing right, of way on the LaCour tract,. which .has previously been approved by the City. 2. Thee Noonan tract is of less value as multifamily residential property, whereas the adjoining tract owned by Pooh's Park Development, Ltd. is commercial property. The acquisition of a right. of way from. the commercial tract will be much. more costly for the citizens of the city than from the owners of the Noonan tract. 3. The future taking of additional right of way from the Pooh's Park Development tract will negatively affect it's development and value for commercial' development, which is currently being contemplated, and thus the city's tax base. I ,, 1 J 4. The city had a prior right to an easement across the Noonan tract for an extension of Lassie Lane, which the city did not want when offered by the Dales. Also,. the Dales previously gave the city the right of way for Holleman. f 1E I request consideration that the seventy feet right of way for the Kyle Extension be taken entirely from the Noonan Tract to align the road with the existing. right of way, and to keep the. right of way acquisition costs to a minimum for the citizens of College Station. Pooh's Park Development, Ltd. currently is in negotiations with and .has a contract pending for the development of its property and the approval of the Noonan tract as' shown in the preliminary plat may hinder .commercial development of the 14.7412 acre Pooh's Park Development tract, to the detriment of the City of College Station and the property owners.. Sincerely yours, RICHARD D. TALBERT, P.C. ~ ~ .--~ c -_ BY: ~~ CHARD D. TALBERT !fay ~ ~~~ ~~~v ~~. ~ ` ~~ ~s~ l,~d /ii~~ ~tl ~~A°~'!Y n ~' ~. Yom` ~i~-v~ MEMORANDUM TO: Planning and Zoning Commission FROM: Sabine Kuenzel, Senior Planner DATE: August 30, 1995 RE: WPC project -Arbors. at Wolf Pen Creek This project is .the third major development proposed in the WPC corridor. The plan submitted is .fora 172 unit apartment development to cover 8.5 acres located on the north side of Holleman just east of Lassie Lane. The. Planning and Zoning Commission has ultimate approval authority of all plans in the corridor.. In order to approve a WPC project, the Commission must find that the following goals have been achieved: Minimum ordinance standards Logic of design Harmonious and compatible'materials and architecture Adequate provisions for circulation -vehicular and pedestrian and for space utilization East of maintenance The Design Review Board reviewed the proposal on August 17 with the previous standards in mind. The applicants presented the. site plan as well as color and materials samples at that meeting (these will be available at the Commission meeting as well). The Board found that in .general, the proposal .met the intent of the district... The Board recommended specifically that approval of the site plan be .conditioned upon the following changes to the site plan: 1. Redistribution of some of the landscaping toward the future Kyle extension 2. Bricking of any slab. that has been substantially exposed due to topography difficulties 3. Dedication of 35' of ROW pursuant to Council direction for the future extension of Kyle All of the other DRB/PRC changes requested relate to ordinance requirements that were not shown on the site plan that was submitted. Staff recommends approval of .the site plan with all of the PRC report changes. This request also includes a request for a driveway variance because technically the entrance drives do not meet separation requirements of the Driveway Access Ordinance. As a part of this development, the applicants intend to improve the section of Lassie Lane shown on the site plan. This ROW was dedicated as a part of the Pooh's Park Addition but was never constructed. Lassie will. be upgraded to street standards and will be mantanedby the City. Access to the site will be taken off of the future dead-end of Lassie. Lane' with an access point leading to the office and club house to be taken off of the east side of Lassie Lane. Due to the fact than Lassie will be a relatively short street that leads directly into the complex, vehicular. speeds willl be slow and staff anticipates little traffic. problems with this request. and therefore recommends approval of ..the variance. Should there be a future request for another drive off of Lassie, it will' be reviewed at that time as a separate request. __._, _ _. E ~r G.~--- ~~~/` .Z ~~ 9 ~ r w_~ ~ ~~ m , ~J' I ~~~ ~° i' ~ ~ ~~~~ ;~_ ! / ~ ~ _ ~._~ rf ~_._~.._~_ ,,, „-~ :~ ~ ~ 1 ^ r ~ :~ a ~ y ~a ~'~ ~ ~ ~, .. ,. r ~- B r G k" ~ v" ~V` V ~// ~r ~ ~ /- _. ~, I Y'XP. ~~ s ``4. ~~ s i~~ ~!. j, ,;' > ffGii ,. .. ~ ...~ ,i ei°L '° ~. -` ~~~`~` ~ ,~ a e ~~ ,~`..- ~ ~ ~, ~ ~~ \, ~ ~ ~ ~~~ y ~~ ~~ ~~ ~~ ~ ~ ~~ ~ .; ~~~ ~,.r' ~~~ ~ ~ ; ~ ,~ ~~ ~ ~. ~~ ~~. ~ . < ~, .~ ;~. p ~ ~'' Iii. .. ... _ _ , ~I _. .. - _ Fromr veronica Morgan To: KLAZA, JMIES Date: 10/31/95 1:37pm Subject: fire flows at arbors at wolfpen creek i recieved these fire flows on this project on friday morning from garrett engineering. we have .reviewed the waterlines .plans for this project, twice now, and since the first review have asked for these flows. Our concern was that. the 6" waterline interior that they were proposing.-would not be adequate to serve the complex with 'fire flows. Unfortunately, we were correct.. We now have a developer who-is on an extremely tight time schedule, where we are now going to have to ask them to reassess their design and ,propose a solution. ('They need to break ground on November 10, 1995.) I have offered to the. developer a partial ddp - which will let them. do tree clearing, grubbing, etc. but I do not feel comfortable with approving much more than that until we get this resolved. To explain their "problem": Their current design has line velocities during fire flow @18.86 feet/.sec "good desgn° allows line velocities during fire flows @ 8-10 feet/sec** we have allowed some developers to go up to 12feet/sec (i.e. circuit city). *per design criteria - "analysis of water distribution systems by Tom Walski" bottom line: i will be calling the: engineer and relaying this info to him. i expect we will hear. from the developer on this item.so the intent of this email is a "heads up" CC: JCALLAWAY, EASH, TBRYMER, SNOE, SVOLK `~~ CITY OF `~ COLLEGE STATIOI`I Engineering Division ~/~.1;(~,.~ I ~-Z"nom o -- 2.0~ .~ 2 .d5 ~ 2u ~~ ~~~ Z Z ~ __' lD, o 7 d `D lS~ ~~p~ 2" s 3-z°s~,~ Y_, _ .. av • CONTRACT.: WOODLAND GRAPHICS CUSTOM SIGNS January 24, 1996 The Arbors at Wolf Penn Creek For FWC 8144. Walnut. Hill Lane Dallas, Texas 75231. Signage Package to include the following: 1. Main identification sign, double-faced constructed of clear-heart redwood with cut-out graphics (1" Percision board). Letters to be gold-leafed.. ~- $4900.00 stalled on oversized post-wraps. Stonework by others. 2. 14 single-faced. building numb' signs. 24"x30" constructed of 3/4" Iv1D0 Duraply with vinyl copy. 3. 1 single-faced Information Center sign. Redwood with. Cut-out graphics .painted with One Shot gold lettering enamel. Size: 30"x24" on 4"x6" posts. 4. 1 Office Hours 24"x18"x3/4" IvIDO Duraply with vinyl graphics. Changable hours plaque. 5. 1 single-faced Fitness Center 24"x1.8"x3/4" NIDO Duraply with vinyl graphics. b. 1 single-faced Fitness Center Rules 24" x 18" x 3/4" 1VID0 Duraply with vinyl graphics on plea. 7. 1 single-faced Pool Policies on 4"x6" posts. 3/4" NIDO Duraply. 2'x4' with screened copy on plexiglas face. 8. Restroom -beveled.. l /4 plex plate lettered with vinyl graphics. r~ ~~Resident Parking signs mounted on 9. 3single-faced P'er~ee#t~`c 4"x4" redwood posts. Size: 24"x18"x3/4" 1VID0 Duraply. 10. 172 Unit numbers. Clear 1 /4" plex. with reversed vinyl lettering. Attat hes with screws. Letter height: 1 3/4" Panel size: 7" x 4" . ~" ~~ " " 1VIDO with vin 11..1 Single-faced business office 30 x18 x3/4 yl copy. 12. 1 Volleyball Court Rules 3'x2'x3/4" IvIDO with vinyl copy on plea. $1225.00 $ 450.00 $ 85.00 $ 85.00 $125.00 $235.00 $ 7.25 $ 555.00 $1221.20 $ 18.00 Installs on 4" x 6" redwood posts. $ 225.00 $1200.00 13. One 2-man installation .All other .signs. on this contract will be delivered. ,but not installed. when we come-down for our one installation trip.. We will supply hardware to hang unit number signs and Restroom We will supply touch-up paint.. ~0~. 14. Permit fee for Main id sign Sub Total $10,598.45 Sales Tax $ 874 ~_7 TOTAL $ 11,472.82 Jackie Green dba Woodland Graphics 3002 Edgewood #4 ~~,-c .-'~7 Garland, TX 74042 ~.. ~~~- Agent for Arbors of Wolf Penn FWC 8144 Walnut. Hill Ln. Dallas, Texas 75231 A Deposit of $5736.41 is required vvtth otter; paiancC pci delivery. Allow 4-6 weeks for delivery and installation trip. ARBORS AT WYC Case #95-505 Putsch List for Drainage Development Permit Items remaining prior to issz~ance of drainage dc.~el~~rnerrt permit.• ~' ° ~ Irrigation demands in gallons per minute so that staff can size the necessary meters. ~~ ;~ Payment for all water and sanitary sewer taps: Once the irrigation demands are submit~e , staff will size all metersfor the development :and provide a total. cost to the applicant. 7o7"q~- ~~~ ls~- ~ / v~' p ~ / ~ L~ ~,x~1 Five copies of the. revised landscape plan to attach to each complete building. plan set. ~'j Complete drainage information for the entire site. i -1 1 N' 1~ Final drainage report. (Staff still does not know how high the water will stand in the parking lot.) -~ Erosion control plan. -- Notice of Intent (Co.py of the NOI that. has been completed and sent to the t 1 P tection A ency ) 0/L''~ ~ ~~ ~~) f ,('~a) Fire flows for the entire site. If fire ow :calculations show the 6" water line loop is adequate, .plans will not. need. to be revised. If fire flow calculations show inadequate flow or pressure evised water line plans will have to be submitted and another five day. review process. If any redlines are made, they will be returned for :correction. and will have to be esu tutted for another five day review time. (THIS FIVE DAY TURNAROUND TIlViE APPLIES TO ALL PLANS THAT ARE SUBMITTED FOR REVIEW.) Approved civil plans for the site. -- Staff is currently reviewing the revised plans. submitted by Garrett Engineering on Wednesday, October 25, 1995 (late afternoon). Envtronmen a ro g ~ ~ ~,-- Asite plan showing the proposed contours and retaining wall details. ~~d ' r ~x rte. ~ ~;~ Drainage development permit 'c i and fees. e application fee is $100 and the subdivision inspection fee is e~ ~ o~ Parkland dedication fees ($225 x 172 dwelling units $38,700 ~_ ~ ~~ .' Off-site public drainage easements dedicated to `the C~i~°y and filed. for record with the Brazos County Clerk's Office. IF ANY OF THE ABOVE INFORMATION[. AFFECTS THE BUILDING PLANS FOR THE SITE, REVISED BUILDING PLANS MUST BE SUBMITTED AND APPROVED BY STAFF PRIOR TO ISSUANCE OF A DRAINAGE DEVELOPMENT PERMIT. Natalie Thomas 10-26®95 1 3~~333 19~~ AccouNTNO. STATION /5~ ~ _-- C~~~EGE aU, CITY OF o~ 2~ , ~ 3dd ~~ ~ ~~ ,n ~ 2 .~ FtECE1VED OF ~ ~i Gl. FOR ~ i~ S ~~ ~K y0U C~rv~ TNA ~37~ `Cash _-~-~ Chec ~~ paid by p ARBORS AT WPC / ,~r~~C~-"~ Case #95-505 Punch List for Conditic~al Euilding Permit Items remainingprior to issuance of conditional b2~.1,'in~ permit: ~~ (3) (6) Title policy fee in the amount of $250 for the Kyle Street.right-of-way. (Fee paid by J. C. Noonan b Federal Express on Tuesday, October 24 1995.) ~~ ~-^-~ ~ Water, .sanitary sewer and rri ation demands Staff will size the meters and provide tap fees once these demands are submitted. (Earl- Havel of Garrett Engineering submitted the water and sanitary sewer demands on Monday. afternoon, October 23, 1995 and staff is still reviewing this information.) Buldingpermit fee in the amount of $ #, . . ,~ ~ g, ~r7a• v~ Revised floor plan drawings .showing the B-2 units and the. total square footage. (Fax received from Ed Stefoniak Monday afternoon, October 24, 1995. and staff is still reviewing information.) _ Interior island calculations in compliance with current zoning requirements.. (Also received from. Mr. Stefoniak on Monday and staff has reviewed this information to be in compliance with the ordinance.) Five copies of the revised landscape plan to attach to each complete building plan set. ~ (7) Fire flows for the entire site. 1 i j (8) Site planshowing the proposed contours to include retaining wall details. 'i, (9) Correct the discrepancy with regard to the sanitary sewer service lines throughout the site '1`.l on the MEP plans andlor civil plans .prepared by Garrett Engineering. The proposed private sanitary sewer service lines must meet'the Standard Building Code requirements. jJ~ ~, (10) Revised and approved: water line plans. i ~~ ~`~ ~` ~(~ * * * The redlined plans submitted from Garrett Engineering on Monday afternoor-, Y~-d`~ \ October 16, 1995 were returned to Earl Havel on Monday afternoon, October 23, ~ 1995. Sheet MEP l was also given to Earl Havel to help in resolving the sanitary sewer service line discrepancy. There. are a few additional redlined comments on this '~ set of plans that are not .included in the .above list; however, these additional comments will NOT hold up .the issuance of aconditional building. permit. All plans must be approved prior to issuance of a Drainage Development Permit. r .,"., ~~9 Arbors at WPC Conditional B.P. Case #95-SOS Page 2 of 2 As discussed with Steve Utley on Tuesday, October 17, 1995 the building permit will be issued with the following conditions: ®A drainage development permit must be issued prior to any site work or construction on the site. (This permit also includes a $100 application fee and a $300 .site inspection fee.) ®Parkland dedication fees must be paid prior to issuance of any additional permits by the City of College Station. ($225 x 172 dwelling units = $38,700) ®A permanent driving service, water lines. and fire hydrants must be installed and operational prior to combustibles being stored on site to allow access and utilization of these facilities by emergency vehicles and personnel. {This item was not discussed with ..Steve Utley on Tuesday; however,. this is an ordinance requirement by the City of College Station that is standard on all- building 'permits that require additional fire protection to the site that does not currently exist, i.e. fire hydrants and fire lanes.) ~_ ~~ ~~ .~ ~~~ ~~ ~~ ~~ . . 2 ~~ ,jp „r BUILDING PERI1,111T CHECKLIST Date: ~ Project: ELECTRIC: (Don 3502, Tony 3438, Ray '580) LEGAL: (Jan 3546) ENGINEERING: (V 3763, Kent 3581 } (Includes Water, Drainage, SiteUtilities, Sewer, Impact Fees) PLANNINGIZONING: (Sabine 3782,Lane 3757): (Includes site, la Gaping, dumpster, pa row. a ~ .~~ r~ (11 >A ~G~4N Q v~ 5nr R i ''?r u `tom l5 ,4~ce ~ o ~r~ ~ ~ 13 Y H A, r t" a~ ~,5. ~ lN+~~ D ~~h f~TA~~~~p '? afZ t0 A~~ aI~7RuC i ~~ DUMPSTER ERVICE: {Jim S., Wally or Freddie 3690): ,` ~'r'lDf1~l,4 C,.' fltT ~~ ~ ~ t't~ • '~~~5 R.m r'r5 ~~ \ ~ v '~;~; \~\I\~\~\~\~\~\-\'t \ \ t \-~\•\•\•\•\' '~~1an. \ \ • .\'.\\\ \\\ CITY OF OOLLEOE STATION fJEVELOPF7ENT SERUf~E~ \• ift?t TEhAS AVE .,•r•r ~•~•~•~ C'OLLEtrE ~TATI©N, TE`;AS X7844 • \ \ : 1 \ ~•r-r•r•r•nr•r ~\.\.\-\•.•\•Y:• r•r•r.rr.r r.,.,.,.,.r.r.,.r.,., .~4~\-l-\•\•\•\•\•\.\.\.\.\.\~\~\.\-\.\-\•\-\•\•1 \•\• -?.;.;.i.r.e.r.r./.r.r.r.r. r.; .l.r.r.r.r.r.r.r. ;.(.r./,r 7.f•r•r.I r l.r •r•!•r .r.1.. r•r ~r•r-r I f /•r•r•r •\•\•\-\•1 • \~\•\-\ 1 '\'\~1 \ \ \•\•\•\-\ \ \ \~\-\~ r.l•r.r.r.r.l.r...r.r.r.r.r. r.r.r. r-r-r•r•r-r•r•r~r•r•r.r.! ' over Sheet Facsimile C To: Company: Phone: Fax: from: Company: Phone: Fax: Date• I ~ '° ~ L~~G1~j ...Pages including this cover `page: .~. ~ r r r•r r r r r r r r r r r rrt .rf$'.;`.~.;::•ir~% rat ., „ • C4097 7~4-3570 ~?~...\..,.\.\.\•\•\.\.\. ~ .• r r r r ra r r r r r r r r r r r r'•i•r•r 1•r•r:r•r•r•r•r•:-:-r•r; r r r r. r r•r r r r~ r r r r r r~-r•r•r•r {409) 7.64_3496 FA}( - r•r•r•r•r•.•r•r•r•r•r•, ~ i /•1-f•r•r-r-r•r•r•I•/-r•t1I •!•r•)-f •r•r•l •/•r•J•r j r•r•!•r•J •r-!•!•r'/•r •r•/•••J.; .,.t.1.t \ .1 tt•:\•t•t•t•t•t•t •t't't't't•\•\•\•\ ~ ,r r f `r ~M1r~r~r~r~~ r•llr J•r•r J r I J ! r r•: •I'~• l•r•t •r•r••.r •r•r•r •r•r•••r•r•r.; ., ~ ~`\ t t \•1•t•l•\•\•\'t•1't•\•\•\•\ \ t \ 1 ••1•\•\- - .t. .t.1•\-l•\-\•\•1.1. \•1•\••,•\•t !•/ r•!•r r•r•!•t J-r •r •!~r-i •!•r•r•r ! r J r r•r J•I•r •I r g ARBORS 'AT WPC Case #95-505 Punch List for Conditidnal Building Permit Items remaining prior to issuance of conditional building permit: (1) Title policy. fee in the amount of $250 for the Kyle Street right-of--way. (Fee paid by J. C. Noonan. by Federal Express on Tuesday,. October 24, 1995 (2) Water, sanitary sewer and.. irrigation. demands. Staff will size the meters and provide tap fees once these demands are submitted. .(Earl Havel of Garrett. Engineering submitted the water and sanitary sewer demands on Monday afternoon, October 23, 1995 and staff is still reviewing this information.) ermit fee in the amount of $ ~ :~ ~ ~(~ ~ ~ ~"'~ (3) Eufldm~ r ~ (4) Revised floor plan drawings showing: the B-2, units and the total square footage. (Fax .received. from Ed Stefoniak Monday afternoon, October 24, .1995 and staff is still reviewing information.) (5) Interior island calculations in .compliance. with current zoning requirements. (Also received from Mr. Stefoniak on Monday and staff has reviewed this information to be in compliance with the ordinance) (6) .Five copies of the revised landscape plan to attach. to each complete building plan set. (7) Fire flows for. the entire site. (8) Site. plan showing the proposed contours. to include. retaining wall. details. (9) Correct the discrepancy with regard to the sanitary sewer service lines throughout the site on the MEP plans and/or civil- plans. prepared by Garrett Engineering. The proposed private sanitary sewer service lines must meet the Standard Building Code requirements. (10) Revised and approved waterline plans. * * * The redlined plans submitted from Garrett Engineering on Monday afternoon, October 16, 1995 were .returned to Earl Havel on Monday afternoon, October 23, 1995. Sheet MEP1 was.. also given to Earl Havel to help in resolving the. sanitary sewer service line discrepancy. There are a few additional redlined comments on this set of plans that .are not included in the :above list; however, these additional comments will NOT hold up the issuance of a conditional building permit. All plans must be approved prior to issuance of a Drainage Development Permit. Arbors at WPC Conditional B.P. .Case #95-505 Page 2 of 2 As .discussed with Steve Utley on Tuesday, October 17, 1995 the building permit will be issued with the following conditions: A drainage .development permit. must be issued prior o any site work or construction on the site, (This: permit also includes a $100 application fee and a $300 site inspection fee.) Parkland dedication fees must be paid prior to issuance of any additional .permits by the .City of College Station, ($225 x 172 dwelling units = $38,700) A permanent driving service, water lines and fire. hydrants must be installed and operational prior to-combustibles being. stored on site to allow access and utilization of these facilities by emergency vehicles and personnel. (This item was not discussed with Steve Utley on Tuesday; however, this is an ordinance requirement by the City of College. Station that is standard on all building permits that require additional fire protection to the site that does not currently exist, i.e. fire hydrants and fire lanes.) i' li~S VV ~R1 ~1LLV~ C®1V.~t11V 1 October 13, 1995 Ms. Natalie Thames City of College Station Development Services 1101 Texas Avenue College ..Station, TX 77840 RE: Arbors at Wolf Pen Creek Plans Examination Dated 9/29/95 Dear Ms. Thames: Enclosed you will find four sets of .plans that have been revised in accordance with the above-referenced plans examination. I am also enclosing the redlined City of College Station marked up sheets. followin items: ~~ ~'~~~ 1O~(P In addition, you will find the g ..,._. ~~J, ~~~"""~ 1, WSI memo to Carl WarretT-dated 10/10/95 responding to the 9/29/95 plans review. This information also includes copies of the GE Appliance dryer exhaust data, the floor /ceiling fire assembly to be used, a stair hand rail section, and a threshold deta~il.~.for the first floor doors. ~ ~~cw~--~~' i U / 2. Tem ovary BlanketpEasernent Documents for the utilities. ~ ~~(cl5 m leted re uest for electric service. -- ' 1 3. G r K -T. 4. Off-site drainage easement documentsh include`~the legal description. and the storm sewer easement. -' ~--~ ~.c,cr~-~-- c~°-' U • ~v'`~""~ ~~ ~O j~ ~ ~~1 5. `Trash compactor gate letter.--~~~~ ~Qll~~S_' Earl Havel of Garrett Engineering will provide four copies of his revised engineering drawings to you directly on Monday (10/16/95). p~~~ . ~ ~~1 ~ ~ b C- 8144 Walnut Hill Lane, Suite 550, LB-6, Dallas, Texas 75231 (214) 739-8141 Fax: (214) 369-4130 City of College Station October 13, 1995 Page two It is my understanding this will complete the infor : ~.ation needed by the City of College Station to allow issuance of the builduig permit not later than October 20, 1995. Please contact me immediately if you .find any problems with this submission: Sincerely, eller W. Webster Executive Vice President KWW/cc ~ . ~-f' . C:\WPC\10-13-95.SAM ~ _ ~;' Enclosures ~~ . ~?--' ../ ' °~' cc: Steve Utley ~,~~~(`"' ~~' r Ed Stefoniak ~~II~IRg ' w~ n F~~'CA~~~da -' ~- ~~~ r a~,~ ~ ~~_ From: Shirley Volk To: jkee, nthomas, klaza,: vmorgan Date: 10/13/95 4:31pm Subject: Arbors.' Deaf Jane: I explained-a little. of this to you, but I'll repeat it so everyone will know what's going on,. The Arbors people came in Thursday and decided they really didn't ~ want to (1)provde off-site easements, (2)pay permit fees,` (S)pay a arkland, (5)dedicate ROW for .Kyle and {6)grant tap fees, (4)p y p a blanket easement -prior to getting their building permit! Actually, I really don't know why they bothered to submit plans! Anyway, I told them flat out that we would have to have payment for the building permit fees and the tap fees, would have to have the blanket. easement prior to construction (.preferably prior to ve control over that - electric just won't t we reall ha _ '~ b.p., bu Y install anything?), and the ROW for Kyle must be dedicated all i prior to BuildingPermit issuance.. I told them what we have agreed we can work with. them on is the ,, arkland dedication, but the certified-copy of the signed building permit with the letter that you suggested.,. Jane, will not work, so maybe you'll have to go to the Conditional Building Permit. Think about it. Then we come to the off-site drainage stuff. I explained that we have held up 2 other projects this year for thetv~he same the. could submi II; requirement, and they asked if y fros the owner with descriptions, drawings of them-and a letter some kind of statement. as to why they had not yet been executed. ~~I I said that might work, and suggested they add to that list whatever docusents their attorney (or Bart Munro s attorney) is preparing. My,thought were that perhaps we could add that to the conditions of issuance - with the City having ultimate control over ground breaking with. the drainage development permit that I haven't reminded them of, Anyway, Nat, they say they will .have the revised .plans to you on Monday., and I would suggest that you get a set back to each. reviewing department so they can do their own second review. I did tell them the second review WOULD BE COMPLETE IN 5 WORKING DAYS! So Please cooperate everyone! 1 ': Sorry to leave in the middle of everything, but sometimes you '! win, sometimes you lose - this time I.win-!' Good Luck.- You'll all need it on this project because I have '~! decided that whatever we do, it w~.ll.be wrong! CC: j oallaway ~~-~~~~ ,~ ~ ~Q ~~"" ~ "~ V iu)~~~-~fi~ -l-G--- ~ -- C9 m ~'i/I ~ a~ May 30, 1996 Mr. Steve Utley, President First Worthing Company 8144 Walnut Hill Lane, Suite 5.50 LB-6 Dallas, TX 75231 Dear Mr. Utley: In reply to your query regarding the zoning and uses- allowed in the district on Tract 20 (13.45 acres) in the Morgan Rector League, Abstract 46, we submit. the following: Zoning on Tract 20 M.Rector A-46 is WPC Wolf Pen Creek District.: The uses allowed in that district are varied, but include Apartments built under. the restrictions of the. R-6 zoning district. The R-6 zoning district is designed to provide the widest range of housing types as well as the highest density in the community... Any :density above 24 dwelling units. per acre must be approved by Co~cil action. Density up to and including 24 dwelling unitsper acre can be considered with regular site plan approval as described in the WPC zoning district regulations. We hope this information. will be helpful to you.. If you need any other information, please do not hesitate to contact me. Yours very truly, Shirley 7. Uolk Development Coordinator 05/'29/96 12:08 $214 369 4130 FIRST WORTHING FrRST VVQRTHING CO~ViPANY FAX COVER SHEET DATE: ' 5/29196 l~ 001/002 to: S~.,fl~~ ~oll~ FAx#: cHo~~~~~9G FROM: KENNY STEINHART FAX #: {214)369-4~ 30 # OF PAGES INCLUDING COVER SHEET 2 COMMENTS:. ~~®~ ~ 5 1~- ~~~~ D +~ WIC^:a.r~ut•1' a5 L®~ ~ ' a ~~ I ~ L -~~" IS °~t~~ f~.~' ~ti5 U'i~ t ~ qS ~ ~ -fir 'c ~ la / 4. a, c/t5 l ~ i~ ~ ~ SZ fF YOU d0 NOT RECENE THIS FAX IN FULL, PLEASE CALL {214)739-8141 8144 Wainut Hill Lane, Suite SSQ, LBO, Dallas, Texas 75231 (214)739-5141 Fax: (214)369-4130 '~.~~~~, `:a .._r.......... v- -• .•...~~•~•~•~•~•••~-••~• ~ ` » ~IT1' 0!= ~OLLE~E STATION r M . !•J•J.J •J•J•J•f•J•I. •f ':';';'::; ;';':' '; '~':';':'~'%: R U i ~ ES T ' J } . •J • ~ E E LQ P hf E N p E G f•l~fI~I :• •~• • f4JJ~J•rJ}f~J?I~f~r?f-f•l•r ~ .•\•\•i•1~\•i•l \ \ ~•\•\•\•\•:•4\•Y\•\•l•\•L~ ~.;:;':::`,'::'::'.'\`,`,'•.`•.'•:'•:`•::':'•:::::'•:'•:'\• ~•OLLEGE ~TATtON, TEXAS 77840 (•.J.J•r•h!•!•r•f•Pf•PfJ•!•!•r•l M•Pf•JJ•!•1 •J •rJJ•J•!•! •!•!•J•f-i .J.f•r•f•f •f •r•r•f•F•f• 4 M1I •f`J~f•J?f~f,! :~ ..,J,f ~t•f•i •J•I •J•f •I• \ \ t \•\•\ \ \ \ \ \•\ \ \\ \•\•\•\ 1 \ \ \•\•\•\• `f.I.J•I•r.r•/•/•I.f.J./•r.r.J.J.f •J,f •f •f •J•f •J•f.f •J ~ f•J•J,I •f •J •J •! I ! '•f•J J J f !J•J f J I f•I •f J •I t\•\•\•\•\•\•\•l•\•\ \ \ \ 4•l•\ \ l \ t•\•\•\ \ \ \ \•1•\•\• •J•J•Pr•I J•J-JJ•i !! r r rhJ r f J rJ•J J t J f_r•r_r•r Facsimile Cover Sheet To: Company: Phone: Fax: From: Company: Phone:. Fax: Date: S/~ II`~ Pages including this cover page: ..3 \•\•\•\-\•\-\•a•\•\• •J•r.f •!•J•J•r •J•/•J 14093 764-370 €4a93 764-~~~6 t-Ax r.f.r.J.J.J.J.!•f.r. r•f •J•r •/•f J•J•f •J' \•1•\•\•\•\•\•\•\•~ f•!•JJ•/•J•/J•/•I~ 05/29/96 12:09 $21~ a69 ~1~0 FIRST WORTHING I~J002/002 :.., ^ ^ ^ ^ ^ ^ A ^ 4 M _~Y _~ `/~t i '. S•;~ /~ I J ~r ~~ t~ ,''`~ i ~-', . ~ r: J%~ _---r j . ,~ i f i .` ~ n f L--,, .a w~ ~ ~~ i 1 ,~- ~ 1~ . . ~ IF i =~ ... f !~ 1 3iriz PLATE s 4 TOPOGRAPHY /.SLOPE WOLF PEN CREEK CORRIl30R STUDY ~.D. OUNKAN 8 ASSOCIATES NATHAN 0. MAZER y. ~ ~~-.. ' ~ ~ ~L ~ ~ SITE ~ ` ; -,~ . - ; _^ ` , ~ ... ~~~ .-_ - `~' ~~ fS?El'. ~U51~1 l~ ASSOCIATES 1N~ l~1~1~ ~ ~I~fi CO~LTAIff1 ,FIGURE 2 CITY OF COLLEGE STATION WOLF PEN 'CREEK T~P~GRepI~ I ~ l~ep .~ ~ • 3.r tee. ~ha~3~ " ~~~- ~•~ _ ( ~, i. ~"' .--~ ,,.~ CZC]G~©C]©C -~ --, r ~ r _ _ _ =~ .~ ~ ~~ ~ ~ ~ ' i ~- ~ ...~. i r .• ~ ~ -- ~ ' f i i - c ,. a ,~ 9 From: Jane Kee To: SVOLK Date: 4/9/96 11:16am Subject: Arbors-Reply I sure flunk the ROW for Kyle on the plat would be appropriate and much clearer for everyone int he future. »> Shirley Volk 04/08/96 04:SSpm »> Had a call today. from Rob Baldwin, the land planner from Munsch Hazdt who,: with Bill Kahlstrom has been coming to all the Comp Plan meetings (and wants to be informed of the next ones, too!). He is a friend of Steve Utley's and may be handling the plat of the Arbors properly. Remember that we didn't require a plat at the beginning because they told us they were not dividing property. Anyway, I went through the file (which is a mistake after. you've. slept this many times), and I can't find anything special they would be required to show on the plat other than the usual easements for fire hyrants & water lines, easements for transformers and the lines to the transformers, drainage easements, in this case -Lassie Lane, and what about the r.o.w. for S.Kyle -should it be shown on this plat even tho' it has been dedicated by sepazate instrument? Also need to have them include an easement .for the existing sewer line. Anything else that might be special that Pve forgotten? I talked to Ray Havens and he said the electrical work the: City had to do is fmished, so as faz as they are conceived, this plat can release the blanket easement we have. I would suspect the same holds true for the water line and fire hydrant easements, but you need to tell me this for a fact! I got real confused about a development agreement legaLwas proposing we have with them regarding the use. of Lassie Land, but L think I remember that we decided that t/assie Lane is a street like any other, except that they asked for a vaziance to the lcoation of driveways (and got it) and have agreed to bring that part of Lassie Lane up to street standards (but that's not anywhere in writing - it was going to be part of the development agreement which got scraped, I think). Of course, they will need to include the land they bought fromBart Munro on this plat. There won't (I think) be any construction docs required, because all of those were done with the building plans. Tell me if there's anything Pve missed, or if Pm on the right track. Thanks. ILt: CICT lr~',a~ 1~''~_ Plo.QL!~] P.'i""), ~6 y '„ _ - (/(~ ~ [TQ RE P'LACEL) ON LETTEZ:iI~EAi] bF T]ItUGQX PETRQLEUM, ING.] D~ : ~ :, 1995 1vls. Shirley Voik Development Goardinator Dcpta of Development services F,p; fox 9964 College Station, 7"exas 77$42-99fy0 Re: Protaoscd Storm I~rataage Improvements associated with the construction of the Arbors of Woif Pen Greek Apartments, Go11e~e Station, ?~raxas County, .Texas bear Shirley: The purpose of this correspondence is to inform :you,. the Department of Devcloprnent 5ervic~s of tlYe City of College Station and any other interested parties that Dn~cox Petroleum, 19 !1 Inc.:( I,~rucc~x) has agreed to execute and deliver the attached. Storm .Sewer Pasement to the Grantee named therein car~temporaneously `with the purchase and sale of an adjacent tract of real property owned by I~rucox (which parcel is referred to ass the "Grantee's Parcel" in the attached Storm Sewer Easement). 5'~`~'`~`' ~' mug ~~ JQ This correspondetYCe is being forwarded to you ~.t the<request of the Grantee in order to evidence our agreement to grant this Easement. in-the form prpyided Please contacC me sliauld you have any questions. Very truly yours,. I7RUCOX PE'~`ItOLEUM, INC. .._, ,_ ,, sy: ~ ~o , , Name• GJ . ~ u.v•~o Title: G~~,~•w , ~-.~ r- - lU`'UL~~o u4ai4rivi rnuivi n, n, u, ~ n, iu Ucc+tlucmuio+tuoy~tiou+t ruuciuuo 6 1 0 , HEitBF.RT, ADAMS & CRAWFORD, L.L.P. LAWYERS 1260 MAXUS BNHRaY TOWffit 91'1 NOR?H HARWOOD DAY.LAS, TBXAS 75201 {Z14) 453-5400 PACSIMII.B: (114} 953-5492 or 5450 vVitrl°~it'S DIRECr DIAL NUMBER (jla) 953-5406 October 2, 1995 Mr. Bart Munro c/o Omar Smith Enterprises 3833 Texas Avenue, Suite 27b Bryan,',Texas 77802 OUR FII.S NUMBER 102.018 Re: Anticipated .purchase of a 0.48 acre tract. of land located in College Station, Brazos C'.ounty, Texas by First Worthing Company Lamited or its assigns from`Drucox. Petroleum, Inca {"Seller") Dear Mr. Munro: Attachcxl fvr your review is the proposed form a of Storm Sewer Easement which has bin prepared by our office in connection ' with the above. referenced matter (the "easement Grant"). Please let David Herbert or me ,know your comments with respcct to the proposed Easement ('want as soon as possible. By copy of this letter, I am simultaneously: providing copies of the proposed Easement Grant to Steve Utley, Keller Webster .and David Greenblatt for review. Accordingly, the attached document is also subject to the comments of each of those gentlemen as wefll- Thank you for. your attention to this matter. Should .you have any gticstions or c®rilments, please do not hesitate to call. ;_ . ~,.~ cerely yours, .- .Diana Kennedy Legal Assistant DK/dk Attachment cc: Mr. Steven, R. Utley (w/ attachment, VIA TELECOPY) Mr. Keller Webster (w/.attachment, VIA TELECOPY) David A. Greerlbiatt, Esq. (w/ attachment, Vitt TELECOPY) David L. Herbert. Fsa. 10-02-90 04:14PM .FROM H, A. G. & n, iu uL'1~1U1~UlH~~by!~1,SU~ ruuuiuu~ °~ STATE OF TEXAS.. C®UNTY OF BRAZOS STORM SE VAR EASFMEI~T ~~A "~ § KNOW ALL MEN BY THESE PRESENTS; WHEREAS, I?RUCOX PETROLEUM, INC., a Texas corporation ("Grantor") is the. owner of that certain strip of land located in Brazos County, Texas more particularly described by motes-and bounds on xhibi A attached hereto and hereby made a part hereof and depicted on the drawing attached hereto as Exhi it B attached hereto and. hereby made a part hereof (such. strip. of land being hereinafter referred to as the. "Easement Area"); .and WHEREAS, ARBORS OF WOLF PE1V CREEK. PARTNERS, a .Texas general partnership ("Granteb") is the. owner of that certain tract of land located adjacent to .the rasemcnt Area mire particularly described on Exhibit attached hereto and hereby made a part hereof.{°Grantee's Parcel"); and ..WHEREAS, Grantor, for the consideration .herein stated, .has :agreed to grant to Grantee, for the benefit of Grantee's Parcel, an easement and. right-of-way far the purpose or purposes herein stated: NOW, THEliEFORE, Grantor, for and in consideration of the sum of ;Ten and No/100th. Dollars ($10.00) and other goad and valuable consideration, all cash in hand paid by Grantee, ,the receipt .and sufficiency of such consideration .being hcrevy confessed and ackaiowledged,:and the mutual promises and .covenants hereinafter contained, has GRANTED, SOLD, and CONVEYED and: by these presentr does GRANT, SELL, and "CON~TEY unto Grange, its successors"and assigns, an exclusive'easement and right-of--way (the "Easement"} for the purpose or purposes hereinafter. specifically stated, on, in and under the Easement Area. The .purposes for which. the Easement is granted hereunder are soteiy for the construction, maintenance, operation, .repair, replacement,. changing the size of, ...and removal of stnrrn sewer,lines, pipes, and appurtenances. (the "Facilities"}.and each of such purposes and for no other purposes. Subject to the terms. and conditions hereof, from. and after the completion of the construction of the Facilities, Grantee, its successors and assigns. shall .have alI the rights, privileges and benefits `necessary or appropriate for the full enjoyment $1~d use of the Easement Area for the purposes herein specified, including, without limitation, the free right of ingress and egress to and frAni the E~uement A.rea.. Grantor expressly reserves ' unto itself, its successors and assigns, the right to use. and enjoy the Easement Area foe any and all purposes which do not interfere unreasonably with-the 'use of the F~semcnt Area by ' Grantc]c for ;the herein specified purposes and further reserves unto itself, .its successors and assigns, the right to construct sad maintain a parking lot on the Easement Area {the "Parking Lot") ancE the right to park motor vehicles upon the Pazking Lot. lU-UL®y5 U4.14YM ~xu~l x. ~• ~. ~ x. 1U uCC~IuL~UI~~Jby'i1,SU~ ruu~iuu~ E , The Easement:; is subject: to all liens, encumbrances, .easements,. restrictions, .covenants, conditions,..; leases, 'mineral and royaity reservations, of record, if'any, affecting. the .Easement Area:, In addition, the 'Easement is subject to the following. terms, agreements, reservations, conditions'and limitations: (1) Grantee. shall not have .any rights whatsoever with respect to any premises of Grantor outside the boundaries of the Easement Area. {2) Grantor reserves all oil, gas :and other minerals in, on and under the Easement Area, but Grantor shall not drill or operate for minerals on the surface of the Easement Area.. However, Grantor will be permirted to extract the oil, gas and other minerals. from artd under the Easement Area by:.directional drilling and other means. (3} cantor xeserves for Grantor and Grantor's heirs, successors and assigns the unlimited right and .privilege.. at any time and from time to time to construct, place, Iay, maintain, :inspect, protect, operate, repair, alter, change the .size of, substitute, replace and remove the Paridng i,ots on over and across the Easement Area. (4) Grantee shall construct and maintain the Facilities in such a manner and using such'standards as will enable Grantor trs utitize the surface of the Easement Area for vehicular parking. (5) The consideration given to Grantor for this grant of easement and right- of-way includ~°s payment for .all damages .and injuries to any. property and improvements of Grantor now located (E~ut excludutg .those hereafter located. as herein permitted) within the boundaries of the Easement Area. TO HAVE AND TO HOLD the Easement .for the purposes herein set forth, unto Grantee, its-successors and assigns, forever; and Grantor hereby binds Grantor and Gzantor`s successors and assigns, to warrant and forever defend all and singular the Easement 'unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any''gazt thereof. All rights, privileges and. obligations 'created by this instrument shall inure: to the benefit of and be binding upon the successors and assigns. of the.. parties' hereto. Nfo sale ar subdivision of the Easement Area or the .land adjoining the F~sement Area shall increase or change the. rights and obligations of Grantee hereunder, and: any .subsequent owner or owners of said lands shall be substituted for and in place of Grar-tor herein. : ,• . , t -. Grant's acceptance of delivery of this instrument shall evidence Grantee's agreement to aI1 of the terms and provisions of this instrument.. lU®ULmyS U4, 1'~Yl~i t'KUIYI ri, h, L, ~ ri. 1u UcL}}1UC~Ulb}}Jby413U}} rUUbiUUb ` ~ ° EXECUTED ,o be effective as ofthe._ day of , 1995. GRANTOR: DRUCOX PETROLEUM, INC.., a 'Texas corporation. sy: _ Michael Shuman, Vice President STATE OF § C®U1VTY OF ~ $ This instrument was aclanowledged before me on 1995, by Michael Shuman, Vee i'resident of DRUCOX PETROLEUM, INC., a Texas corporation, on behalf of said corporation, CSC-] F Notary Public, State of Texas My c®mmissi9n czgires: Printed Name of Notary .., -. . -3- Fw~ssg.noc lu®uL®yb u~; 14r1v~ rnu~ n, n, u, ~ n. 1u uz[~iuc~ui~~sby4lsu~ ruuoiuub • ~ ERFITIiI'F A METES AND BOUNDS DESCRIPTION OF TAF IEASE~NT AREA jT0 BE PROVIDED] ~, ..~ .. ~JCEiISIT A -.Solo Page ~vt~ssg.noc 10-U2~95 0~:14PM r~R4M H, A, G, & n, `T( U22~1U1~01~~369~130~ YUO'f/UU8 o k , ~~il D DEPICTI®N 4F T'~ EASE1tiIEN~ AREA (TO BE PROVIDED] .. •..4 lU-UL®y~ U4:l~YN1 rKUIUI H, ~, (,, ~ A; 1~.1 ULL$}111~~KUl~'$~36y~1,S11${ rUUif/l1UiS M EXHTBI'I' C DESCRI~'TION OF Gg;ANTEE'S PARCEL jTQ $F PROVT]]F.Dj .. •..4 4 , I ~' ~~G ~ SOIO PB,gE ~urvvccn war Ili . u~ i uo ya 1 ~ • ~u ivu . ~u~ r . u~ :qn., ,~~ I~sExT, AnAlwrs ~ cRAwFOxD, L.L.r. _ UwY 1260 I~u+xvs Brli~taY Towlat ~i~ HOSrH w+awooa' DALiaB. T8KA8 7S?Al (!U} 9335400 FACSAriII~: (lit) 959~5442 cr S4S0 WRrr~d'S DIRBC? DIAL NUMBIDt (t1d}'953-5106 October 6, 1995 OUR FILB NUI~KBER 102.018 Mr. Steven R. Utley pirst Worthing Company, Limited .8144 Walnut HiU Lane Suite 550, L8-6 .Dallas, Texas 75231 Re: Anticipated purchase of a 7.73 acre tract. of land and a 0.45 acre tract of land located in College .Station, Brazos .County, Texas by Arbors of Wolf Pen `Creek Partners from J.C. Noonan, :Trustee and' Drucox Petroleum, Inc. -Dear Steve: Attached' for your review: are. copies of ..the... metes and .:bounds description and the depiction of the storm sewer easement prepared by Qarrett Engineeringe Please let David Herbert or me know as soon as possible. whether you approve of the location of this easement. By copies of this. letter, I am simultaneously providing copies of .the attachments to Keller Webster' and David. Greenblatt and asking them to also let us know whether .they. approve of the location of the easement, Thank you for your attention to this matter. .Should .you have any questions or comments, please do .not hesitate is call.. ... Sincerely yours, Lana Kennedy Legal Assistant ~~ DK/dk Attachments cc: Mr. Keller W. 'Webster (w/ attachment,. VIA T`ELECOPS~ David A. Greenblatt, .Esq. (wl attachment, VIA TELECOP~ David L. Herbert, Esq. 1L• lJ `. 1 VV :1 .J 1V .JV IVU VVJ I . VJ s~ '~ ~~~ N~2' 09'~~',~ --?r~~~ .I~i ~~~ i N~f o u I !, ~~co~ /nvcs~~•r~ls o ~ ~ ?3. (3 ~ Ae~~ Tack /?. /~ Ac~cs N l~ W N F t 8 f 7~a ~ 3 Tfic ~~~11` t9iaro c.L. c. ~ '~' I ~ ~> Po~~/io piv ~~~y 9 ~~i'e5 11~~f~) '~ ~ -~ dc~~ 4~ ~l ~' ~ lS ' Q ~ . . ~~/ ~ ~3~ ~ ' ~ I D Z I 4 • ` ~i' ~ . ~., ; ~~~ , . 3 Jc N~~~ r•~~ ~ l s r , .' ~~ ~, t1 d.ooAa~s ~ z,s .•~, ~ ~4 '~ 9~9/7z9 3 sv~ o~~ ~~w qty ~' ' 3 //?d07/ ~ ' , ~ ~ PQ ~ ' f~ ~Q'~R ~ ,~, ~~ ~S 2, D®nald D. Garrett, ~tegistered Professional Land S.urveyo.r, No. 2972 do hereby c®rtify that tht shove plat is true and correct and agrsas with a survey made on the ground under f [~y supervision on Octotaer 4, 1995. iii . 1L• r y Field Notes 0.11 Acres Ul.l VV 7J 1V VV d4U VVJ 1~V4 Being a drainage easement and being situated in the Morgan Rector League, A-46, College. Station, Brazos County, Texas and being a Part of that 23.63 acre tract made up of all of that 1.00 acre tract of land conveyed to The Rhett Group, L.L.C. by Donald B. Canter, recorded in Volume 217b, page221, and all of that 9..77 acre tract of land conveyed to Pooi Ponfolio Properties, I.C. by Donald B Gamer, recor~°d in Volume .1758,. Page 155. and all of that 13.45 acre tracrof land conveyed to S.W. Equity. Co. by James E. Jett, recorded in Volume 1128, Paga 713, all Official Records of BrazosCounty, Tcxas and being more paniculazly d8scribed as follows: Commencing at a 1/2" Iron Rod found at the most southeast corner of the J.C. Noonan, Trusice 8.00 Acre tract (949!729},same being [he most southerly corner. of the 0.48 acre tract out of the S.W. Equity Co. 13.45 Acre Tract (11281713} and also in the northeasterly R.O.W.'line of Holleman Drive; .THENCE:. N 49°33'44" VV -463.66' along the common line of said 8.00 tract and said 0.48 acre; tract to a 1/2" Iron Rod found for the PLACE OF BEGINNING; same being ttie most northerly cortimon corner of said 8.OO acre tract, said .48 acre tract, said 23:.36 acre 'tract, and the Lacour Investments 12.18 Acme Tract (39817b8); THENCE: N 49°33'44" W • 240.00` along the common line of said Lacour Invesunents .tract and said 23.63 acre tract to a l/2"iron Rod setatthe westerly corner of this easement; 'T'HENCE: N 42°09'43" E - 20.00` across said 23.63 Acne Tract to a 112" Iron Rod set at the most northerly corner of this easement; THENCE: S 49°33'44" E - 240.00' across said 23.63 acre tract to a i/2" Iron Rod set at the most. easterly corner: of this easement,: same being in the common property. line of said 23x63 acre tract and said 0.4$ acre tract; TI3ENCE: S 42°09'43" W - 20.00' along the common line between said 23.63 acre tract and said 0.48 acre tract to -the PLACE Ofi BEGINNING; and containing 4,800 square feet, or Q. l l acre of land more or less. _.... ,~ ~a~ ' ._! ~ ` T~k L .'~ V ,J A v ,,- ,~,, C + ~ U .~ ~ T _.. ' r ~ i ID~ i~C:T l~~'~5 L<'•G~ NU.~~i~~l F.i:7_ a ~'~.~~. ~~ ,)~ EASEMENT STATE 4F TEXAS § § SNOW ALL iviLN BY THESE PRESENTS; GOUNTX ~~ BRAZt7S W~EItEAS, DIZUCQX 1'ETRt~>~.E[1M, YNG., a Texas corporation {"Grantor") is the owner of that .certain strip of land Iocatad in Brazos County, Texas more particularly described by metes and bounds on F..~ch~.Q attached. hereto .and hereby made`a part hereof and depicted on the drawing attached hereto as ~ attached .hereto and hereby made a part he~reaf (such strip. of land being hereinafter referred to as the "Easement Area"}; and WI~E.REAS, A)~BQRS C?F WC1LF pEN ~ItEEK PARTNERS, a Texas general partnership ("Grantee") is the owner of that Certain tract. of land located. adjacent to the Easement Area more particularly described on Exhibit CC attac3~ed hereta and hereby made a part hcreaf {"Grantee's Marcel"); and WHEREAS, Grantor, for the. Gonsd ; { ;$:~~ herein stated, .has agreed to grant to Grantee, for the benefit of Grantee's Parcel, r.~ -:~fl~nt and right-af<-way. far .the pur-pase or purposes herein stated. NC)'V4~, THEREFQI~E, Grantor, far ~. ~;~: consideration of the sum of "I'en aiYd N"aI100t1i 17oliars ($10.00) and ether goad anc~ ,.. _a _=e consideration; all cash in hand paidby Grantee, the. receipt arrd sufficiency of sins. .~~~~t~ideration being hereby confessed and acknowledged, and '.the mutual premises and co..K ~.=::s~ hereinafter contained, has GR~NTEb SQr D, and CQNVEYEY~ and by thesepresents goes GRANT, .SELL, and' CaN'UEY unto. Grantee., its successors .and assigns, an exclusive easement and right-af way (the "Easement") farthe purpose or purposes hereinafter specifcally stated, on, in and under the Easement Area.. The purposes for.. which the Faseinent is granted hereunder are solely for the construction, maintenance, operation,. repair, replacement, ".changing the size o~, and removal of storm sewer lines? pipes, and appt~rtenances (the "Facilities"} and. each oaf such purposes and for na other purposes. Subject to the terms and conditions herersf, from and. after the completion of the construction of the Facilities, Grantee, its successors and assigns shall have all the rights, prj,vileges and benefits necessary or appropriate for .the. full: enjoyment artd .use of the Easement Area for the gurpases herein specified, including, without limitation, the free' right of ingress and egress to and from the basement Area, Grantor ..expressly reserves unto itself, its ..successors and assigns, the right tai use and Enjoy the Easement Area for any and all purpose which da r-ot interfere unreasonably with .the use of the Easement. Area by Gruntee for the herein specified purposes and further rc°~erves unto, itself, its successors and assigns, the right to construct and maintain 'a parking lot ~n the Easement Area (the "Farkin~ Lot") and'the right to park mater vehicles.. upon the Parking Lat. I Li e nCT 1~'`~5 1"~':`?5 N~.00~1 F'.Ci4 The Easement is subject to all liens, .encumbrances, easements, restrictions, covenants, conditions, leases, mineral and royalty reservations,. of record, if any, affecting t1~e Easement Areav Isa addition, the Easement is `subject to the fallowing terms, agreements, reservations, cariditians and limitations: {1) Granter shall not have any .rights whatsoever with respect to any premises of Grantor outside the boundaries of the Easement Area. {~} Grantor reserves all oil, gas and other minerals in, an and under .the Easement Area, but Grantor shall not drill yr operate fnr minerals an the surface of .the Easement Area. However, Grantor will be permitted to extract the :ail, gas and other minerals from and under the Easement Area by directional drilling. and other means. (~) Grantor reserves for. Grantor and .Grantor's. heirs, successors and assigns the unlimited .right and privilege at any time and fzorn time to time to construct, place, lay, maintain, inspect, protect, operate, repair, .alter, change the sixe of, substitute, replace and removethe Parlcing'T.ot on, aver and: across the Easement Area. {4} Grantee shall construct and maintain the Facilities in such a manner and using such standards as w]1 enable .Grantor to utilize the.-surface of the Easement Area far vehicular parking.. (S~ i7pan the completion of the initial installation or .subsequent repairs of the facilities, Grantee sha11 restorethe. surface of the Easement Area to standard grade. (b} In the event that,.. subsequent to the initial. installation of the Facilities, Grantee's use of the Easement. Area for. the purposes herein stated disturbs the existing condition of the surface of the Parking Wit, Grantee shall. restore the surface of the Parking I,at to substantially the same condition in which it-existed prior to such' use. {7} The consideration given to Grantor far this grant of easement end right- of-way includes payment far all d$mages' and injuries to any property and improvements of Grantor now located- (taut. excluding those hereafter located as herein permitted} within the boundaries. of the Easement Area. TO .HAVE. AND TG HELD the Easement .for the purposes herein set .forth, unto Grantee, its successors and assigns, forever, -and Grantor hereby binds Granter and Grantor's successors a,nd assigns, to warrant and forever defend all and -singular_ the Easement unto Grantee, its successors and assigns,. against every pezsvn whomsoever .lawfully clairmng ar to claim.. the same. ar any partthereof. `', d All rights, privileges and obligations created by this .instrument shall.. inure to the benefit of and :be binding upon the successors and assigns of the .parties hereto.. lVa sale ar subdivision of the. Easement Area or :the land adjoining the Easement Area shall increase or change the rights and obligations of Grantee .hereunder, and any subsequent arvner or owners of said lands shall be substituted'for and in place of ~xrantor herein. -2- ~vvt~rss~enoc I Li Oi=:T 1x,'35 1~~~~ hJ~.rv7i=~~1 F'.i~5 ~xarttee's acceptance of delivery of this instrument shsll evidenco Grantee's agreement to all of tlto terms ahd pravisans of this. instrument. EXECCJ'T'~D to be effective as pf the -day of _ , 1995. G~t.AN71'UR: DRUCOX PETROLEUM, TT~tG., a Texan ctrrparation By: ~ ~ _ _ M[iehael Shuman,. Vice President STATE ~F $ ~QUNTY 4F ~ This instrument was acknowledged before me an 1995, lay Michael. Shuman, Vice President of T~RUC~X PETRC>i_:ELTM, IN ., a exas corporation, an behalf of said corpwration. [SEA~.~ Natary Public,. State of Texas lviy eammissian expires: Printed Name of Notary` .T -~, ti -. -3- ~wxrssg. I 17 0~. T 16 "~~ 1? ~ 2E~ No . C~O~ F . C~~ EXELt"BST A TPTiON OF FA~~V'r ARF~# Field Notes 0.11 Acres being a drainage easement and being situated in the~l~~argan.Rector` League, A-46, Caliege Station, Brazos County, Texas and being a part of that 13.4 acre tract of land conveyed to S.W. Equity Co. by James >~. Jett, recorded in Volume 1128, Page "~13, all C7fficial Records of Brazos Caurtty, Texas and being more particularly described as follows: Catnmencing at tt 1/2"Iron Rod found at the most southeast earner of the J.C. Noonan, Tt~stee S.OO Acre tract {949/729), same being the most southerly Corner of the U,48 acre tract out of the S.VV. F.,qulty Cu. 13.45. Acre Tract {112$!713) and also in the ni~rthwesterly R.C.W. dine al' Holleman Urine; TH>~NCE: N 49°3.3'44" VV' - 463.66' along the common line of said $.~ tract and said U.4$ acre tract to a 112" Iron Rod found for the PLACE C?F BEGINNING; same. being'the mast nprtherly cornman corner of said $.OU acre tract, said .4$ acm tract, said 13.45 acre tract, and the Latour Ynvestments 12.I$ Acre Tract {39$/76$);.. T1~ENCE: N 49°33'44" VV - 24Q.00' along the common line of said LaCOUr Investments tract. ~.nd said 13.45 acre tract to a 1!2" Tmn Rod set at the westerly corner of this ca<~cmcnt; THENCE: ' N 42°09'43" E - 2.00' across said 13.45 Acre Tract to a 1!2" Iran Rad set at the most not~therly corner of this easement; T1~.ENGE: S 4~°33'44" E - 24Q.00' across said' 13.45 acxe tract to a i!2" Iron Rod set at the most easterly earner of this easement, same being in the common proQerty line.... of said 13.45 acre tract and said 0.4$ acre tract; THENCE: S 42°09'43" W - 20,00' alozlg 'the common line between said 13.45 acre tract and said 0.4$ aet~e tract to the PLACE CAF BEGINNING; and containing 4,800 square... feet, or 0. l l acre of land more or less. :'~«:~ F.r~~ 1 t° t . ~ ~, F ~_ .. ~ °~ "' r,~~~'. t i.' 1''~'- f+ - `` ~`. ~.~7 ~ - '' r ' ff"~~ f .. ~ 1 ~` , ~ ~ l.j ~`.4~~:t`. . ~ .~~ ~ ID: Lit_T 1~,'~~5 12~2~f N~.C~~~ P.~~r r.~cYii,l~J.~J: n n~Awn~ aE ~~ ~~~ l I ®~. r~ Rcr~~ N ~ ~ ~~~ / 7~ .~ ~. q ~ ~ fir{ ~f r. cres ~~r~~~~~;3.? ~. I ~ ... e r ~ ~ i:. ., !_ i ~ r~4` . F»~ ~~''~R. Fwd r/2' /. k, ,~ ' . 1.~, _ .:, .. ~, r. .,,/: ~~ ~~ ~~~ dui ~' ~:~/. ry Ca. ~d'~i"~~ p p_~. turd. ~~~'~'~ X, Donrx~,d D. Gr~r~ret~, Re~zs~ar~d Professional Land Surveyor, ^Id. 2972 do hereby certir~, tt~a'~ the above pAat zs true and correa~ and. agrees with a survey.. made on the ground i!~_ier my supervision an [~otab~r ~, 1$85. ID: LET 1b'~3~ 1"~''2r Nci.i~irr~l F.i~g E~TT'1BT'r ~ .~c r~rr~x,;,~F ~'RAlv'r~~~~ P' ItCEL Field notes: of an 8.21 acre tract or parcel of land lying and being situated in the 1V101t~AN RECTgR L~AGIC~E A-56, College Station, Brazos County, Texas.. Said 8.21 acre tract being a portion of that certain 8.00 acre tract convoyed to 1.C. Noonan, Trustee by Andrew >~. Difiore, Trustee, by Deed recorded in Volume 949, Page 729, Official Records of Brazos County, Texas. and also being a portion of the S.W. Fquity 13.5 acre tract as described in Volume,1128, Page 713 and 'Volume i 137, Page 574, dfficial Records of Brazos County, Texas and. being :described as follows: COM1YlENCING; at a l12" diameteriron rod found marking the most southerly corner of the aforementioned ~.OO acre tract; ..same. iron rod also markiing the southeast corner of the Don I~. Dale 6.03 acre tract (275/113j and Xying an the northwest line of Lot 7 of Paoh's Park.. Subdivision (314161$); THE~lCE: N 41 ° 31' 31" E along the aforesaid.. northwest line ` of I.at 7 of Pooh's Park Subdivision for a distance of 35.00 feet to a 112"' diameter iron rod marking the p'1..ACE;. QF $EGiN1VING; TfiEIbTCE: N 47° 33' 18" W slang a line 35.00 feet. off of and running parallek with the common line between the aforementioned Dan R. Dale 6.U3 acre tract and the southwest line of same S.bO acre tract far a distance. of 3~tb.92 feet to a 112" iron rod far earner; said .iron rod also lying an the ~eamsnan line between the Lacaur Investments' 12.18 acre tract (398/7b8) and the northwest line of said $.00 acre tract; THENCE: N 42° 09' 43" E along same common line between .said Y.acour Investments' 12:1$ acre tract and the northwest line bf same 8'.00 acrd tract at a distance of 817. b5 feet past, a 1/2" diameter iron'. rad found. marking thee.: most northerly career of same 5.00 acre tract and continuing 45:02 feet. for a total distance of $62,6' feet. to a k/2" 'iron rod set for earner; said Iran rod ales marking the most ncirtherly corner of the 8.21 acre tract; THENCE.:. S 49° 33' 44" B along a, line 45.00 :feet off of and running. parallel. with the common line between the af+~rementiorted S.W, Equity' 13.5 acre tract. and the northwest lire of same $.00 ache tract far a distance of 463. lb feet to' a 1/2" diarn+eter iron rod set far corner. Same iron. rod also lying in the northwest right-uf: way line of Hallemazt -Drive (f>0' RC~,Vit.) and aksa marking the northeast corner of 8.21 `acre tract, ` . THENCE: S 41 ° 31' 31" V4r slang same northwest .right=af-way of Holkeman Drive {60' R.p.1~V.) at 45.01 feet.. pass a 112" diameter irpn rod found marking the north~st corner of same B.Op acre tract and continuing 411.75 feet for a fatal. dst~'rce of 456.76 feet tc- a 112" diameter iron rod marking the beginning of a curve to the right; T>-TET~CE: in a southwesterly dir~tion along ec~rve tv the right far an arc distance at` 3$.$3 feet to a 1 /2" iron rod Ding in the northeast right-of-way line of Lassie Lane {50' R. U. W .) EXHIBIT ~ - Page 1 of 2 Pages FVJHP59g.DOC ID ~ ~7~T 1~, ° 95 1 ~ ~~ N~ . C7r1=~ P . ~~g and marking the end of said.. curve to the right; said curve to the right. having a central amgle of $$° 59' 18", Radius = 25.00 feet, Tangent = 24.55.. and Chord bearing S $6° OQ' 49" W for a distance of 35.4 feet; TI~~NCE: N 49 ° 29' S~" W along said northeast right-af way line of Lassie Lane for a distance of 101.25 feet to a i/2" diameter iron rod far corner; TH>rNCE: S 41 ° 31' 31" W along the. cotr-man line between the na.~thwest line of Fooh's Park Subdivision and tl~e.southeast Iine of same 8:~0 acre tract for a distance of 393.1 feet to the PLACE ~F BEC~INI+IYNG; and containing 8.2:1 acres ofland, more or less. r l i i i i ,. ii , s J Page 2 of 2 Pages... ~ss8.~ac 12/11/95 09:52 DATE: ra $214.369 4130 FIRST WORTHING FIRST WOP- THING C~1t~S.PAN~` FAX COVER SHEET ~ ~ ~~ . ~ ~~ ~lu~ !~~ ~~. ~ 001/009 a ~, (~ ~ J _. FAX NUMBER ~~s~ 3~~ FROM ' F!-K NUMBER (~14) 369~13Q NUMBER OF PAGES IltiiCLUDIIVG COYER. SHEET `~/ "_ CO1~fl1+lENTSs v / - ,~ ~ ~~~~ ~~~ ~~ ~ j u~~~~~~~ 1F YOU DO NOT gECE1YE THIS FAX IN FTJIJ, PLEASE CAL-1214} 134-x141. 8144 Walnut kiill Lane. Suite 550. LB•6. Dallas. •Cecas 75231(214) 739.8141 Faz:1214? 369-4130 12/11 /A5 OA:52 ~A`211 :46A d1a(1 FTRST W(IRTHTN(; __ __ __ __ .__ G~1002/OOA STORM SEWER EASEMENT .~, .. ; ., ,. -, ~ .. - • .:~. ~ . STATL• OF TEXAS $ - • "' ~ ~ KNOW ALL MEN BY THESE ~PENTSc ' I ~ ,, , COUNTY O~ BRAZOS $ ~ . ,,.,, V~REAS, DBUCOX PETROLEUM, INC., a Texas corporation ~~YGra~tvrj°)~~S-the:" owner. of that certain strip of land located in Brazos County, Texas more par~'ic~rlp de~cfi~t~~--- b~r rnctcs ar-d bounds on r_:~~bfY attached. hcscto and hcscb~- mado a pan hereof and dcpxct.Cd on the drawir+s attnchcd hzrcto as E hibie B attaohcd hrrdo and ~ hcscby madd a part: horcof (such strip of hand being hereinaf4et refet[er1 to as the "PacPmPnr Area") and W~gE,~S, ABSORB OF WOLF PEN CREEK PARTNERS, a Texas general partnership {" Gratir~") is the ownet of .that certain tract of land located adjacent to the Easement Area more particvlariy describeil on E.tii~iS attached hereco and hereby snide z part hereof. ('Grant'ee's Parcel") ahd WHEREAS, Grantor, for tht:. consideration herein slated, has agreed to grant to Grantetr, for the benefit of Grantee's Parcel, an easemeac and right-of-way for the puvpose or purposes herein asatcd. NOW, 'THEREFORE, Grantor, for and in consideration of the sum t,f Ten and NollOOth Dollasa (Slo.OO) ar~d ocher good autid ~+aluubl. vvsuidorutivr~~ sll oa~h ir+ bend paid by Grantee, the receipt and sufficiency of Sach cotisidt:racion being hereby cor-fersed and at:luiv~tv~t~~l, d~~l V~v ~i»tiual ~avul~.s ~iJ w~wiaaiLi 1«isiiiahti ~vi~rai~~s~l, law GFvgti'IZn, SOLD, and CC?NVEYED and by these prt.~ltg does GRANT, SFI i., and CONVEY uncv ariuit~c, iw au~.t~~u~s ~u~S ~sisns, ~a rxelysive easwasee~t and riF,fzi uC wujl (rho `F.age.izcnt') for the ptarpose ar purposes hereinafter spetifzoavy stated, on, in and under the dement Arez, The purposes for which the Easement is granted hereutlder are solely for the wn9avotion, ' maintonaneo, operation, repairs regtaoerges-t, ahar+gut~ the ~ of, osad rorno~al of stone sewer lines, pipes, and appurtenances {the 'Facilities') and each of such purposes and for no other purposes. ..Subject. to the terms and. wnditioas ileteof, during and .after the completion of the construction of the Facilities, Grantee, its successors. and assigns shad have all d1e rights, priYiloaw essad 6oeiofiso evovaedrir or a~zepriat~a fer tka Full oejoye*~ssse seed ueo of tlsv 3'w.aottsfrae Area fer rlae purposes ~fcrr•+++ airri~ie~rl, iwcitul;rg„ asrietlnu* tienitnFinn, klze Free r~gkt of ingrer:s atld egress to and from the Eas+emertr Area. Grantor expressly reserves. unto itself, .its which dv nVt. intori~c uiucawr~ably with tt~tr use bf the ~scuiclit: Area br ©rancc~ fer rho herein sPecifi:'.d purposes and 'further rese~t~+es unto itself, its successors: and assigns, the right to constavot arid. maintain a pas~g lot on tltaFdscnrcnt A;ea (the 'Psrlds,g Lot') as~d the righ~ to park mctvr Tchi~clw upon the I'arlan~ Lot. YOL r-~~~ I'~:t 1~ 12i'ili'80 08. ~3 ~E1# 3Q8 #laA FIA3T ~'OftTFIING a M1 . ti ~j o03~'ooa i ii IZV r ~l rV~ '1~f1!'! r~Sl!ft7GrC 1~.S31s71eCt tD sll liRtu.-M'~~m}~rar+n~~, CaSGrr~enGC, r~64iwGic~rrsy, CvlrCtia,t]i5, eondieivr+~, Ica,~a, mincraal a~:al ~v~aley rcatv-sdVnS~ Qf ISCOfa~ rr aTl7, a.tTCGtlilg did Easement Area. In addition,: the F~sement is subject to the following terms, agreements, reservations, conditions and limitationsc (I) Grantx shall not have any rights whatsoever with respect to ally .premises of Grantor outside rho bvundarics of tba Fa.Remdut Att;d. (2) Oiaii[ur reserves alI oil. gas and other minerals in, on and und~s the Fasemant Area, but Grantor shall nor drill or operate for minerals on the surface of the Easement Area. However, Grantor will be permitted to extract the oil, gas and other minerals from and under the Easement Area by directional. drilling ant! ntFior .~.+AOnr. (3~ C.tlBlltCr lC9GlVeS ~oi' ~itantOr and ~saittar'g lse€rs, BuCaeseors nr-el s+va;ans .the unlimited- right at~d privilege at any time and ftotn dme to time to construct, place, ]ay, maintain, inspect, protect. operate. repair.. alter, eha~nge: the size uP, substitute, sv1sl:4va+ :u,d somvvC the I'arkin6 Lot on, o~~ a-~~ atitus~ the PaSemenC AICd. (d) G~-ss~t~o chsll eonotruot ni+d maiestairi tJaG rdcnitica isi au~ti it a~[c[ilrtcr ana using Such starldardS as will enable Grantor to utilize the svrfa,ce of the Easement Area for vehicular parking. (5) Upon the completion of the initial insrallativn or subsequent. repairs of the ~-aciiit~es, C3rantee shall restore the surfooc of the rasomtrrt Area t;v ~tai[~I~.rcl grade. (b) In the event that, subsequent w the initial installation of the Facilities, Grantee's use of the lzasaznorst Area for tho purposes hcrsirt stated distu[bs [l[~ cafsung n.....~:*:.... ..C •L. ...r1...-~ ~l -L. P~:..~ L•., D-....~ ..L.at •..,r.v+w J+-. aYir~bi"i VC X116 Parking Lot to substantially the sang condition in which it existed prier tv such use. ('n The consideration ..given to Gcacttor for this grave of easement and right- . of-way includes payme: ~ far all damages and injuries to any property and ~mprovements'ot Vrantar now located (but exeladieg ,those hetpafter located as herein p~rmittcd) witlv.rt the bouc[da~ries of the Easctucau Arca._ TO HAVE AriD TQ HOLD the Easement for. the purposes het~ein set forth, unto {`sttiRt+JC, its 9ueccssor~ and assigns, forcer; ,and Giauuui hcctb~ binds Gtar-Lt?C atiC Grantor' S successors and assigns, to warrant aed forever defend all and singular the Easement unto Grantee, its aucaossors and easisas, asainst er*err person wlw~ttsuvcr lawPull7 t:laiming or Lo nlaim the camr~ nr Bey gerr t}~n~rs~.+f. All rights, privileges and .obligations created by this instrt[rnent shall inure to the benefit of and #re hlnrlirtg izrnn the strceessors and azsignr of tt,e pyrtioa hereto. No sntc o:~ subdivision of tho Easement Aria or the l~rtd adjoining the Easement Area shall increase or change the rights and obligations of Grantee hereunder, and any subsr~utnt owner or .owners of ~u,id land9 oha11 be aubsdruecd fnr and in place crf C.irar,fur her'ein_ FrYi~IPSSE.DOC ~a; Z~ 1 1 °i;~ ~ f~ 12/11/95 09:55 $214 3_69.4130 FIRST WORTHING _ _ _ _ _ _ _ _ _ ._ _ ~ 004/009 a Gcantcc's acceptance of delivery of this instrument shall cvider~ce Grantee's agrccrrtcnt to atl bf the cerm5 and provisions of this instrument. E7iECLT E'ED to be effective as of the,- day or r%C ~ _, 1995. GRANTOR: DRUCOX P$TROL.EUM, INC., a Texas carpotaticn 8y: +,,~ Michael Shuman, Yice President STATE OF ~LL! n/d ! +~ ~ COUNTY OF ~_ ~ This instrument was aclanawledged before me on , (^"~ X95, by Michael Shuman, Vice President of DRUCOX PE7ROLEUIvh`Y~., a Texas corporation, on beh ~~ ' ~S AL~FFlClAI. SF.p4 ~~~~ ~ . ,~ ~ , ~YNETTE A HlLI . 1+orAftr rue~ie.st~-'tE oc wi~yoss Lv4lStY Public. State of T~ 7ZLi NC~t'.S M MYrA414l~~EilQ~ft o6-osss ~ -~ ~ ~j Printed Name of Notary -3- writpssB.aoc VD;, ~~77~Acr 1~ . 12/11/95 09:55 $21~ 369 X130 FIRST WORTHING ~~ ~~ .Fuld Notes 0.11 Acres [7j 005/009 ~ r/ ~ d o 17 V • V V ~ 1 • bI ~ ~seing a drainage easement and being siwated in the Morgan Rector League, ,A--46. C_'nilege Station, Brazos Cavn~y, Teas and boir~g m pare of that 13.45 utc uas:~ u[ l:ieid conveyed to S.W. Equity Co. by James E. lea, ~co:ded is Volume 1128, Page X13, all Official Records of Brazos County, Texas and being more particularly descri'bed as follows: Cora::sesicing ~t s Z!Z" Iron Rod Fou:sd at the most southeast corner of the 7.C. N'oOnSn, Trustee 8.00 Acre tact (9491729),'s>,rae being the most southerly corner of the 0.48 acre tract out of the S.W. Equity Co. 13.45 Acre Tact {11281713) and also is the northwesterly R.O.W. line of HoIlr~san Ddvc; THENCE: N 49°33'44" W - 463.bb' along the enmmnn llnr+ of aa:ri 4 M :.~~. ~•-d r:ud ~~ O.bB acre tract to a 112" lion Rod found for the PLACE OF BEGINNINt3; same being the ' most northerly comraon corner of said 8.00 acre tract, said .4$ aese uact, said 13.45 acre tract, and the Latour Ynrestmcnu 12.18. ~cte Tract (3981768); THENCE: N 49°33'44" W - 240.00' along the common Brie of sud Lacovr lavestreaents I'i tact and said 13.45 acre tract to a 1!2" Iron Rod set at the westerly corner of this easement; THENE'F: N a2°OQ'd3" E -10.00' across sold 13.5 Aerc Trait w s 1lZ" Iron rwd sei at the mast northerly corner of this easement; THENCE; S 49°33'44" E - 2x0.00' across said-13.45 acre tract to a 112" IranRad set at the most e~tatly corner of this e~ement, same being is the eomtaotti property line of said 13.45 acre trace and said 0.48 acre uncz,< THENCE: S 42°09'43° W - 20.00` along the common lint between said 13.45 acre tract end said 0.48 scram tract to rho PLACE OF 88GIl,iT~ING; oral tont~~ig 4,804 ~yuuac feet, or O.I 1 acre of land more or lass. ~ ~ A~ 11 ^ ~ ' ~ .T' i ~ ., .. ;...` ~ '~ ' `V,l~~t'~S± `.. • I Y ~Y.~~ roe ~~~~P4GE ~$ 12r'llr'80 08.,7 X214 a08 4100 FIRST VF'ORTHING ~~ ,~ _~ ~` ,,, . ~]OOOr'008 . ti ..----- y` ~r ]~R)1i~TIIrj' OF F1LSf~'~4Z+ir AR '~ 4 ~ k'~rs• /O-~' Ple ~ /"~ SO' NrF La~aar' ,lir~~~.~ls f2.lff Rem ~ 9?'6 / 7~6' ~ 4 a 3 r w w Z x-94` 09'~J' C - ?~ viva ~- ~~V 1 ~~ S~~ a w .~, ~n ~ ~ ~ •~ ~` ~~ Qa '~Y O ~ o l ~~ X48 " .ZZ. ~ ~' .~. V ~ ' ' . .~: i T ~ ~~ 949/729 3 O. ~8 Acres Taef ,~ amvt oP Sll tj~ la_ /.!. *S Re~~t . .~~` IlZal7r3 ~ ,~- ~~. po c fwd '~t'~JC _, Donald D. Garrett, Ragistered Profsssional,Land 5urveyc~~ Ha. 2972 do ~uereby cer~~=•: ;}ast t1~4 nbo••~ p.lbt i.Q hiss nnd. ~.~re~~ot and ¢gr~w vitka a ssr.•~y uai~ •~ ~h~ q7."~-" my Supervision on October d, 1995. si i''T7 . _ ~ 12/11/95 09:58 '$21~ 369 ~1~0 FIRST WORTHING 1L 1.~t1. uti tiJ ~ + ~. _ - .. EXH~~T C DESCP,12~riQN flF G~E'~'~~ARCEL ~ 007/009 10%LJ NQ.ULJ1 f .U( Field notes of an. 8.2i acre uact or parcel of hind lying and befAg situated Ill .the MORGAN RECTOR LEAGUE, }x•56, College Station, Brazos County, Texas. Said 8.21 acre tract being a portion of that certain 8.00 acre tract conveyed to J.C. Noonan, Truster by Andrew D. Difiore, Trustbe, by Deed recorded in Volume 949, Page .729, .Official Records of Brazos County, Texas and also being a portion of the S.W.. Equity 13.5 acre tract as described in :Volume' 1128. Page 713 and Vnluene t S 37. Page 5?~, Official Records 'of Brazos County, Texas ar<d being described. as follows: COMM>r2dCINa; ac a 1!2" 1i~a~uctcr iron rat. Pbund marking the most souti'leriy Corner of the aforementioned 8.00 acre tract; same iron rod aLSO marking the southeast corner of tht Don R. Dale 6.03 acre tract (275/113) and lying on tlic northwo5t line og Lot ? of Pooh'S Yank Subdivision {3141618); THENCE: N d l ° 31-' 31 ` E along the aforesaid northwest line of Lot ? of Pooh's Park Subdivision. for a• distance of 35.00 feet. to a .112" diameter iron rod marlQng the PL~-CE OF BEGINNING; THENCE; N 47° 33' 18" W along a tine ~ 35.00 feet off of and running pazailel with the commas line between the aforementioned Don R. Dale 6.03 acre tract and the southWrest line of same 8_Da acre tnet for a distance of 346.92 Ease eo a 112• iron .rod for corner; said iron rod also eying on mo'common line between me Iacour Investments' 12.1$ acre tract (398/"768) and the northwest line of said 5.00 acre tract; 'THENCE: N 42° 04' 43' E alaa¢ same common line Fsetwe~n said Lac.out Investments' 12.18 acre tract and. the northwest line of same 8.00 acre. Lract at a distance of 8I?.65 feet past a l/2" ttia+i+ct,ci uesu r[xl found marking the ~rsncr nnrrAetly Corner of ~~ • S.OV ~Ct~ L•e~ot arld w~aeiuuiug ~~.02 _fcxt for d Wtdl instance of Ed2.67 feet t0 a !1'I" iron rod set for corner, said iron rod also meriting me most .northerly earner. of the 5.21 acre tract; TS2~TC=: ~` •10° 43+ ~~i• ~ slo..g o li••~ ~S.oQ foot off of on3 atisaui:ug raaall~d •ori~IS Uac common line between the'aforementivned S.W. Equity 13.5 acre tract and the borth~west line of same 8.00 acre acct for a distance of 463.16 feet to a .112" diameter iron rod set for corner. Same iron rod'also lying in the northwest right-of-way line of Hctlcman Drive (60' 1t.0'.V~.) oral olsv rrawicing dz. ~iv~tla~sat waaava vP F3.21 a~.tci ~iW.L, THENCE: S 41 ° 31' 31 ° w along same northwest right-of-way of Hollemara Drive (b0` R.O.W.) at 45.01 fezt pass a 112' diatnet+er iron iod found marking the northeast 'corner vF sarna 8.08 .acre tract and coatinutng 421.73 f~CC fOt a total C3SL3nCe Ot 456.7tr feet to a l/Z" diameter iron rod marldag the begi~ing of a cvrre o4 the right; •. THENCE: in a southwesterly dire~fion along e!tirv~ to tke right for as arc ditl~os of 3Q.$3 feet to a 1/2' iron rod. lying in the northeast tight~f--way line of Lassie Lane (50' R.O.W.) • ,~, - Page i o€ 2 Pages F~n-SSS.aoc voL 24?7 F~ ~~ 2Q -- --- -- ----- --- Page-1-~ Shirley Volk:-: Kyle- Street- Extension --,. --.---.; ; :..::..:::..:::.::..::.: --:-.-..: ` ~ Q ~ ~ From: Jan Schwartz To: Shirley Volk, Steve Homeyer Date: 11/21/97 4:53PM Subject: Kyle Street Extension The City did acquire a 35' wide x 34T long tract of land from J. C. Noonan for the extension of Kyle. This tractruns from Lot 7, Pooh's Park Subdivision (on Holleman) to the Lacour Tract. If you need any more information, please let me know. i II i i ~! 1 I i { I TE?{AS HERITAGE REALTOP. TEL=409-846-4500 May 11,95 11=54 .No .004 P.01 ~~, _.. ~~~~~~~~ it ,;~ .: ~~;; -- e. FACSIMILE COVER PAGE Date i `sJ ~I l Tim4 ~ PI P.A 9P. CjP 1.19Qt the following telecopy to: dame: ._....~n~/!? l~u~~Y .... firms (,~/~ ~~ ~~~ -~~7y,~ Dopt : ~ ~~~/~/A/lS'" Fax ~: / 7fo~- ~~~ _ From: ~~ rax.l~: (409). 846-378 Phono ~: (d09) 846-4500 Number of pa~eES including cover page: ~_ comments: ~lo~'O~'C~rr~+~ ~~/~~11 ~r`Y~1D/!Y ~i~r! ~~,~.. ~f~~y ~ ~~®r/ THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAtSE IS PRIYILE0E0 AND CONF'1llENIlAL ANO !S 1NTENDEO ONLY fOR TIIC U"aC Of 1'HE INDIYIOUAL OR ENTITY NAMED ABOVE, [F THE READER OF THIS MESSAGE IS NOT THE INTENDED RCCIPICNT OR TIIC Cf~PLOTCC OR AiiLNT HESPGNSIdLE 10 DELiYER 1T la THE lNttnutu NEl1YlEN1, TOU ARE HERCGT NOTIfICO THAT ANT DISSEMINATION, DISTRIBUTION UK CUYTlNG UI IiUS tiOMMUN1CAIlON 1J 51R1CILT YRUII1Bl ILD., l! YOU KLCLIVL IIIIJ L'UMHUNlCA11UH 1N tNRUH, F'i.kA~k 1MNpUlAIkLT NOTIFY U5 RT Tf1.fPHOHf AND RfTl1RN THE DRIGINAI MESSAGE TD U5 AT .THE ABOVE ADDRESS YIA UNITED SIAIES PQSTAL SEk111CE. ~~~~ Texas Fleritage RCALTORS'" 4101 S. Texas Avenue, Suite B Dryon, Tex:ss 7802 Office: (409) 848.4500 Fax: (409) 848.9378 Cade Gfilce Iodeyen~eaUp OwpeO anu Operama TEAS HEP.ITAGE P.EALTOP. TEL=409-846-4500 May 11,95 11=54 No .004 P.02 s C~~r./11/19y6 i~r:04 7'1:1%!3{66E1 I~IA'fLE:~9E~3'~tICEg PAGE @2 NC NOONAN 8 COMPANY Rest C-a~b®~lrvgstrt,erty May l 1, 199 Mr, Geor®e Botl TsxGS H~rltage Reol Estate 4101 Texas Avenue, Suite B Bryan, Texas 77802 Fax: 409-84b-9378 Re. Creation of Kyle Street os it could arfect my 8 ocre tract under Gontroct fordevetopment Door Mr. Ball; t would vsk that you glue a copy of thi8 writing to the propor pQrson at the City Of College Station since I do not know who that mi8ht b@. This letter Is a diary of whot hos happened since fate Monday afternoon, Moy 8, 1995: You know thOt W9 Ore probably thirty #o foti'y-fl~® darys owvy from being able to close .the earnest money contract to sell.. this tract t0 Rrst Worthing Company which would conciutle a long transOCtion starting In December 1943. This contract is now h Jeopardy as a r~auit of actions. contemplated by the Clay of College S!'CttOn, The long delay In forging ahead with th[s prof®ct by tho purchaser. wos dua to getting the flna~cing to place. mis waa the weak they were rOCdy to mope the development into a final stage of crosln® the loud purchpse, plan approval by the City of College Stallon and construction ptannlr'tiA schedul®. There are certain conclusions I went to moke vt tha end of this letter. ~Ot FOUKTAINVIEW • SUITE910 • MGrl~TON, T5XAS77057 ~ PHONE(7f3) 79'x.7'10 ra v ,~* m 7f1~J, owns TEAS HERITAGE REALTOP. TEL~409-~46-4500 May 11,95 11=54 No .004 P.03 . u~/11i13~~~ ilk: (l4 71.3°36E~F,], I~ATLEXSER'JICES F'I~~ik br Pape 2 May 8.199S Gary Rouge, a cnt for I.gCOUr Interests, tolled from Lubbock. Wanted me to re- offer 2 acres of land to the buyer of my 8 acres. MCntlonad the fact that the development plat for the Latour tract was going to be presented to the City Council On May 11, 1995 of the regular night meetin®. Told m® of o proposed rlght~f-way. included in their plat which dead ends at 4he northwest cornet of my property. He thought he had sent me o gist but had not, Q. Asked how the proposed tight-of-woy woe pro)ected south through my propertyto Intersect Holleman. r4. He did not know. George Boll, my broker,. called minutes lato- to ~ Inform me that the broker representing the Guyer, under: contract to purchase my propbrty, had b®en advised that a development pint. showing a new street right-of-way had b®en brou®ht to nls CIi'tention while visiting the Cfly of College Station offices where he was making orrangements for a meeting for his Cilent, Flrst Worthing Cempony, with the City Planning DepartmAnt. The plat was scheduled on the agenda for Moy 11 of the Clty Council, Mr. Collchan, broker for Flrst Worthing, asked what the all~nment might be crossing the Noonan properly? He was told either due south or 'S' curve the street to connect to the .Lassie Lane right-ofwpy. lie know this would badly affect. the proposed Iona plan. George Sall taxed me a copy of the plot. He olso infornngd m@ that Mr, Utl®y, First Worthing, were scheduled to meet with the Planning D®partment of the City on Wednesday, May 10, 199b, I asked Mr. Boll to be present at that meeting and to represent me. He did. Mr. Batt CotlAd me with a negtrtive report on the n'reettng, stpting thot the City Planners would not or would not answer the question of how such a riAht-ofJv+ray would tmpaef my property or the development plan of tho buyer. TE}4AS HERITAGE REALTOR TEL~409-846-4500.. . [~!~; A b 1/ 199 16: ®4 7137836661 May 11,95 11 55 No .004 P.04 I~I~'~TLE~~ER~IICE~ ~'~3GE ~~~~ ~ag® 3 This was embarrassing to the .buyer vnd his Investors. The pvyers stated to Ball shot since 1 had not communicated a rlgh#-of-way tcking Information as Is required in the earnest money contrt~ct, That if such a taking occurred, I would be 1loble for their cost t4-dQta and the contract would be cancellbd. From Iota in the afternoon on Mdy 8th, the 9th, and l Qth, I was in v posture of trying tv find out the facts. (1) ! wos .never notified by the .Clay of College Station that such a pion to create Kyle Avenue was being considered. 1, as o lond owner, hvd a right to know and expr®ss an opinion, C2) Th® controct to sell my tract of loud for development occurred MCrrGh 7, 1944. We hod my trod surveyed and found where the City of Golleae Station had converted,... stole, sehed (whatever word you want to use), a portion of my land over two (2) years aao withou# my knowledge for a sewer Ilse corridor. This vloivtad the State statutes. I need to oddness this issue and other mutters with vprious departments of the City in the futur+~. 1 Jnfnrm~d th® City of tho proposed do~olopmont intonded by tha buyers of my cond. I even gave. them a copy of the pceiiminory development plan. The City did hove knowledge of the contract to sea the property and the proposed. plan, We had to make certain the utilities were avollable and there waa odequate sur~ace dratnape. The Clty did hcxve knowledge of tha pro)ect, Since we hwe paid probably 5300.000 in properly taxes under my ownership over tha years, I am now and have been tha owner of record, I was not a person thtxt could not be ioctited or contacted. Why wvs there no notice or comrnuN~ccation fr~o/m/~the City of Coifege StQtlon on`this rnatte~r We should really be on the same teaF Lle I Ilks to look upon a plonning bound and a CI'fy in which I have an Investment in real estate os portners of sorts in which we work together to grow the area In a proper manner, to satisfy .the housing needs. of the area and provide a good investment for our partners, ft all should work together. What has hoppened here is a Complete disruption of the process and could Cous®a large financial loss to all parties, including the City of Gollsge Stu#lon. Bused on the outcome of this matter will determine what losses may occur and who will ulflmatety be responsible for this disruption and financial dlsastor, Ws txwe not been treoted properly as of this writing. We need t0 resolve the issue of this right~fwcry immediately. TEARS HERITAGE REALTOR TEL~409-~46-4500 May 11,95 11 55 hJo.00~ P.05 6J:,/z'1/'lyy:a 1~: FJ4 .'1:ilE;~bbb1 IJA7'L[X~EkV1C ~5 Pr~GE 05 pope 4 Some Information I ht~ve received seems strange, and I hope the information Is correct. ~, That the bl®gsst benefOCtot of d new street would be the Dole Intersst who have little tror-tvq® and a great deal of depth, the property to the west Of the Latour tract Eton#lr~g on Hervey .Road and, of course, the Locour tract since the arrangement proposed by the City #S quite good for th®nn. This e what. I have be®n told; . I.acour sells the rl0ht-of-way from Hervey to Wolf Pen Croek end pe~ys fox the street construction, The City builds the bridge. over Wolf Pen Cre®k of their expense and I suggest S 100A0!0 to S 135,000. Latour gives th® right-of-wc~y south. of Wolf Pen Creek and th® Ctfy constructs the road at #heir expense. fits gives access to Latour land south of Wolf Pen Creek which is land- IpCked now. and makes it soleable Ct a Current rnorket price. That's a ®ood deal torfihem but at a great expense to the City of College Station and the taxpoyers. The other two land owners get the use of the bridge and pay nothing for the benefits, If .all thb 3s true, i wonder whet greCit beneft#s might be vvailobie to me and my investors,. We don't need a new street or a bridge over Wolf. Pen Creek however.. B. 'the proposed street !S shown as 70' on the plat. Lassis lone has v 50' rightwof--way, HollerTion has a 60' right-of-wvy. Why would a simple cross. street be 70'7 tf the City takes 70' off of our west line, ft could cause a problem in dev®lopment due to set-back line requlrem®nts and affect the parklnfl ratio If a project such as is proposed on our tract is not built, the City of College. Stotion will lose future tax revenues thclt would be generated from -the new improvements. To disturb the presen# proposed use means everyone loses. 1 would oleo question why th® right-of-woy was not equalfy token from oil property owners rather than just two to lessen the impact? None of this really makes traffc flow or economic sense. I would question the procedures and leodership of the Pianni~g Deportment for having done such a shallow Investigcrtlon of this proposed new street proposol os TEl~AS HEP.ITAGE P.EALTOP. TEL ~ 409-X46-45Cf0 May 11 , 95 11 = 57 No .004 P . 06 A (1.`~!111195`i 1FJ:~J4 71378:16661 fJ1aTt..£XSEkVICEe~ ~'AC~E fJb Po®g 5 to possible Impact, The some Is tNC In being sure oil land. owners rlghis wore protected. 0!uestlons 1, If the Cify of Code®e Station purses this Street project and adv©rs®ly affects the proposed project on my fond, arA thAy wplinQ to alter the sot back distances and parking .ratios to accommodate the protect as now planned? 2. Purchose the. right-of--way and pay for the construction of the street? 3. We need on onswor of where such v proposed ri~tht-of-way is to be located? How doss the City expect to work out ony prob(®m concerned with our tract If they r®oliy don't know where a r(ght-of-way Is to be located. 'Chats reafiy unfair to the land owner, 1 r4cOmm®nd and request that the City CounCli should delete the proposol t4 approve the tvcour plot with the Kyle Street pra)cct rrom the agenda scheduled for the Councfi tonfeht untN such. t(me as all prop®rty owners con meet and discuss this mdtFer with the City of Co(fege StQtlon. I .plop to be In attendance at the council meeting tonight but will con>grm this by telephone fate this aft moon. Best regards, J J. C. Nooncn, Trustee JCN:cej IITECTURE' a PLANNING o June 23, 1996 Keller Webster First Worthing Company 8144 Walnut Hill Lane, Suite 550 Dallas, Texan 75231 Re: Arbors at College. Station Parking Required for Completed Buildings: Dear Keller: The following is a ratio analysis for required parking as buildings are. completed, BLDG TYPE PARKING REQ TOTAL 1 Recreation 2 Mail Kiosk 3 4-3BR 12 12 4 8-1BR 12 12-2BR 30 42 5 8 -1 BR 12 12-2BR 30 42 6 8-1BR 12 12-2BR 30 42 7 8-1BR 12 12-2BR 30 42 8 8-1BR 12 12-2BR 30 42 9 8 = 1BR 12 12-2BR 30 42 »~rn -~com ronsc . , aRrc »n~ ~ ne~~ee ~Yec 7G7A1_19d2 n 7~d-dSA-400 n .FAY 71d_AA 07/02/96 14:06 $214.369 4130 FIR5T WORTHING .IUL 01 ' yb E6 ~ IOPI'I W 5 I ARCHITECTS Y ~ JI LS August 8, 1995 Shirley Volk Development Coordinator Gityof Col'Iege Station 1101 Texas Avenue CollEge Station, Tx. 77842 R~~ Arbors at V1/oif Pen Creek C~j 002/002 P.~i2 a PLANTlIN~a ~ Dear Ms. Voik: In regard to the abaVe referenced project, we have utilized 1.25 parking spaces per bedroom for the two bedroom units, and all bedrooms. in the B-1 and B-2 units are below 132 square feet per bedroom as required_ Yours Truly, WS1 Architects lncorpord /} Edward T. Stefoniak, A Vice Presiident ._ ..~-.. ...~..,~ _ m .*e ~~n~ ~, nsr ~ i~ TFY45 7515!-9263 0 214-45E3-9999 =+ FAX 21a~4S8~1 09/12/98 15:54 $214 369 4130 FIRST WORTHING ~I002 ~LRST _ WORTHING ~OMPI~NY September l2, 1496 Shirley Volk City of College Station 1101 Texas Avenue College Station, 7°X 77842 RE: Arbors of Wolf Pen Creek Dear Nis. Volk, Pursuant to our conversation today, we are reuuesting a two (2) week extension of the Cerzificate of Occupancy on Building #9, pending the completion. t}f landscapin,~, liydarmulching, and dirt work on the East end of Building #9 and the Area East of the Parking Lot. If there are any questions, please call. me imrnecliately. Sincerely, r } ~~j . ~~,/~ G~, !.l ~~"'`,~f Keller W. Welaster ~j_ Executive Vice President KWW/jls b144 Walnut F fill L2ne, Suite 3G0, LS-G, Dallas, Texas 75231 (~14.) 739.8141 Fax: ('•314.} :i[~6~• 413 ~ ~ CITY. ~F COLLEGE ~TATIOI`I ®® DEVELOPIV9ENT SERVICES DEPARTMENT Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3570 July 12, 1995 Mr. Steve Utley First Worthing Company 8144 Walnut Hill Lane Suite 550 L6-6 Dallas, TX 75231 DearSteve: I seem to be apologizing for something each time I write, but 1 would like to clarify. one point that neglected to include in the letter I faxed to you yesterday. That point being that platting this property is not required by the City since there is actually no subdivision of land taking place. Because platting is not a requirement, it will not be an impediment to issuance of a building permit. We would, however, urge you to plat this property for purposes of official documentation, as well. as to convey certain easements to cover City infrastructure and the dedication of the right-of-way for South Kyle street. Prior to issuance of abuilding permit, the City will require that you dedicate a "temporary blanket easement" to cover the entire tract and will give. coverage to infrastructure being built and City personnel inspecting' and doing. work on the property during construction. This "temporary blanket easement" can be released with the filing of the final plat or with submission and filing of an "easement dedication plat" which would show the actual locations of required easements to' coven. the infrastructure which will be dedicated to the City, rather than to ry to install the infrastructure in specific locations already covered by easements. Whatever vehicle is chosen to accomplish the release of the temporary blanket easement should be processed after completion of the project.and issuance of the Certificate of Occupancy. am enclosing "Easement Information Sheets" which explains what is required for preparation of the temporary blanket easement. I hope this .will help to answer your questions. If you have others, please do not hesitate to contact me. Yours very truly, d ,/ Shirley J. Vol Development Coordinator '"Building a Better City in .Partnership with You` 03/08/00 08:58 FAX. TICOR LAND TITLE TICOR LAND TITLE COMPANY 2100 M,CKINNEY AVENUE, SUITE 1200 DALLAS, TEXAS 75201 PHONE: (214) 954-5400 rAX: (214) 954-5500 FACSIMILE TRANSMITTAL SHEET TOc ~ ~ Ff1}C: NuMB£& rY ` FROM.. PHONE NUDtBLtt: Jon Hooper, (214) 9545446 General Undrsvvriting Counsel D,tiTE: TOTILLNO, OFPRG=SINCLUDiNG COVER: 1~ 1,.. z f~ 0O1 ^ uxGE.NT C~FOR RFVIEVI ~iE~sSE COMMENT ^ PLEASE REPLY ^ PLEr~SE RECYCLE NOTES/GOMIKENT5= ~o -~ l faw : ~u o~S C e~-~~~~-~c w: a s -~ ~ a~ ~ r~~n ~ ~~ ~ 5 v~ ~Cvtaw ~•~ r i~ ~~ ~~ , P~S.P ~ ~'~~ ~~~ . -~~~s ~ ~,~. ham, J; Re f~ 002 . .. :: ,, :~ ~° . . 'i :,e~. ' 0 0 r~}, .ti ~ ' ).: :yl~.• I~t • •.,7• Fire H wnt • , . N . ~ ' ' 1 - .,.J, i~ . ~ ~ ..r - ASBU~ILT SURVE~~~ ~ ~ ~ - i •~ FDR ARBORS AT WOLF PEN CREED ~ -:~~~ ~~`•.-:;~~ LOT 1, BLO CK ~ ONE ~~. - ~ ' ~ . ~~: ~ -~, .t •.,~~; . ~. College Station, Brazos County, ~ .Texas •; '~ : '~ ;..:,. .~ .SEPTEMBER, 1996 ~ ~ ~ ~ • - " Seale. 1" = 3fl' ~ ~ _ - ... FHA PROJECT N0. i 14 - 35381 ~ ~ ,. .. ;:~~~: _ :-: Coaas~lttn~ aEN~~~C3d. Stirve~iog ~. ::- ]] t~~ ~'~ - ~Siilf g ~'~ ~' '~~~ ~ ~~yy : e_ er 444 Carter trek :; _ . Phbn~4~~ 8 919 . 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Lsl! ~M . d1YiK T[!u Y7Kf . ISM M-MM . (~1 MafM~ ATT. ,~ ~~ \t11CA Pro,~ect• ~R~n~ ~ VV (~4€ ~~~1 L.R~X Dace: Sv~E. ~.~,,,~ ~~,~ Fax #: ~4~1-- 3~~~ To: From: D01 # Pages (Inciuding saver shL~t) Z Comments: ~ta~tA ~'A'+-i. ~~~.~~.' '4'!~ - AU1u~ ~ -~ ~ 7~__-8~ S~Ai.L~ SAY ~ {~ '~~ Z'9~'f~~ ~C4P~; F! '~~t~R'-;- --~___ ~UR1~~N~, 1N~b ~NI~ ~~~~.~ ,~ . ~~ IF FAX INCnMPLETE PLEASE CAL (4(19} 846-2688 FAX {4(19} 846-3(}~)4 '' 06i25i96 10:4E GARRETT ENGINEERING -~ 409 764 3496 m ~ Il i! ~~ it ~ W rP Ql (Jt eq ~O~~O~ C ~ ~- ~ ~ 0 ~ OD t cue © = ~ o ~ ~ I ~ ~- ~ "~ A `~ c~.s ~,,, .,~ ~ ; - '` ~ li ~ I, ~ a 6 ~ ~ ~ V a ~ ~ ~0 A ,~^ °~~ ~ ~.. o ..~ -,~, D ~. ~ Y, ,,.__ ~ ~ I~ ~ c ~ O ~ + s ~ I; ~ ~ O~ ~° G w ~', ~ '1,S`t • R ~ ~, -• ~~ .. _ ~. 1 : ~ F t ~' ,I i I I r i D02 ,~v D 99.58 165,98 ~s ~s~ xo ~.~ ~ TEXAS A&M UNIVERSITY Department of Parking, Traffic; and Transportation Services Bus Operations College Station, Texas 77843-1373 {409)845-1971 May 27, 1996 Edwin Hard City of College Station 1101 Texas Ave. College Station, Texas 77842 Subject: Arbors Apartments at Wolf Pen Creek Mr. Steven R, Utley, with First Worthing Company, has requested a Shuttle >3us .Stop at the Arbors Apartment Complex lacated at 3-01. Holleman Dr_, College Station, Texas. At the present time, Texas A&M Hus Operations, does not have the resources available- to accommodate this request. without certain modifications made by First-Worthing Company. In order fore the Arbors Apartments to receive bus ervice to-the complex,. it will be necessary to construct an access way specifically desgined for bus traffic. This will allow a bus to be able to enter and turnaround on Holleman. This would elliminate the need to cross a very busy and dangerous intersection. Enclosed you will find a copy of the letter :outlining the stipulations for 'bus service to First Worthing Company. Any assistance to expedite First Worthing's. request will enhance the ability of Bus Operations to accommodate them with service for the Fall. Please do not hesitate to contact us, if further .information is needed. Sincerely,. Suza~Skrabanek Manager, Bus Operations Enclosure P l"j ., ~, ~„ r4M vN`L 0 ~ ~< ~ m 3 k' m y %~ .. l Y ++~~~~++..; , 1876 .TEXAS A&M .UNIVERSITY Department of Parking, Traffic, and Transportation Services Bus Operations College Station, Texas 77843-1373 (409)$45-1971 Stever. R. Utley First Worthing .Company 8144 Walnut Hill Lane, Suite 550 Dallas, TX. 75231 RE: The Arbors at Wolf Pen Creek May 13, 1996 In order to provide shuttle bus service to the .Arbors at Wolf Pen Creek (located at 301 Holleman Dr., College Station, Texas), Texas A&M University will utilize the following procedures in an attempt to accommodate the area. • TAMU Shuttle Bus Operations will add a stop at the intersection of Dartmouth St. and Holleman Dr. This will temporarily service the Arbors at Wolf Pen Creek.. • The First Worthing Company will be responsible for the construction of an access way. specifically designed for bus traffic.: TAMU Shuttle Bus. Operations and the First Worthing Company will work together to assure this area is built to proper traffic safety specifications: • TAMU Shuttle Bus Operations will not be responsible for policing the on site stop area for parked or unattended vehicles.: The First Worthing Company is responsible for all street painting and signs designating this area to be a "No Parking or Stopping", "Buses Only" zone. TAMU Shuttle Bus Operations will provide the standard Bus Step. sign. • TAMU Shuttle Bus Operations will not be responsible for the construction of any building or shelter for the on site bus stop at the Arbors at Wolf Pen Creek Provided that a suitable access way is constructed and adequate Bus Pass sales are achieved, Texas A&M University Shuttle Bus Operations will make every attempt to provide on site service to the Arbors at Wolf Pen Creek. Sincerely, Suza ne Skrabanek Manager, PTTS Shuttle Bus Operations xc: Michael Hutney, Assistant Manager, PTTS Shuttle Bus Operations 'P ,; s-- 'y From: Edwin Hard To: KLAZA, SVOLK Date: 5/9/96 2:35pm Subject: Another curb cut for the Arbors: A&NPs Doug Williams came into talk to me today re a request they've gotten to provide bus service to the Arbors. In order to change an existing route to provide service to them, they need the ability to enter the Arbors site in order to turn their buses around. The Arbors will be coming in soon requesting another curb cut to provide access to the parking in front of their office area. The idea being that buses vVill enter here and exit via theirplanned entry (Lassie Lane). This additional curb cut would not meet our ordinance.. THey'd have about 100' spacing when hey need 230'.. Doug left me with the impression that w/o this curb cut and the ability for them to turn around, they could not provide shuttle service. to the Arbors. Kent I provided a copy of the site in your box. Let's put our heads ogether and see if we can get something worked out. THX EH CC: 7KEE 1 i ~~~ J (,} U' T ~ if l _ ~" I~ 5 ~ ~ n ~ ~ T~~7 1_: c O c ~' ~' ~~~ ,: ,c r ~~ n• -~ .r; ~; ~,-. N ~' .~ -n ~,i ~~~p ., ~~~~ .. ~~`"S~ ~ . 7c;-~ .~ ~-'~ti r ~., ~~~~ 4~ . ~ ~~. ~r~:'.~ CARPORTS CARPORTS CARPORTS a~~a' l I IJ t t~,I 1.1 A 1 1 1 1 ~~_ 4 ~T~~f~ ~ ~ ~~~~~~~' CAHPONTS .., :.. ~~~. .::? F-. 0 _° - , s ~~ m ~~ ~~ ~v w - `, O. - ~e:. _D. - ~~' -~ v:~J t / ~Nd1 ~~SSd1 D r 0 X 0 D' D ~ 'DD -~--D -i _ . -i N ~ - N~-I-` ~ - _ ~ f- - ~. E ~,.. , ~fi - .tip. ~'~'}~ , - J 1 ~~ ~~~~. •" ~-.. .. ... ~~'~ \ Tif= MI 00 ~~W P~~ ~y N~ > ~;,~~~ y e~~. (D - Qr. .,,. '9~t.f.' 4~ #~:~-: From: Edwin Hard To• City of College Station.City Hall(JCALLAWAY, SVOLK... Date: 5/27/9612:SSpm Subject: Arbors -Reply -Reply. I called Utley Friday afternoon. He was already out and I left y voice mail saying theat the curb cut would be allowed and asking for him to call me back. I also called Doug Williams over A&iVPs bus op. Tasked that he provide us a letter saying that without the curb cut they would not be able to provide this complex bus service. He said he would do that. »> Kent Lana. AS/27/9611:03am »> Ed and I got together on Friday and decided to let them have the curb cut they requested.. It doesn't meet our spacing criteria, but without it we are gomg to have a lot more cars on the streets.. Ed was going to call NIr. Utley back. »> Shirley Volk 05/24/96 01:33pm »> I got a call this morning from Steve Utley of the Arbors. He said he had expected to hear back from me before now! Imagine that. Anyway, the last I heard on this, Kent & Ed were going to make contact with the. Transportation people at A&M to see. if they could convince them a bus to the Arbors is a good thing. Jim was going to talk to Steve Utley about Bart Munro and. what the City is planning for WPC. and if any deals have been made with Bart. Please update me on the status of these questions. Steve Utley's number is (214)739-8141 in case anyone is interested in talking to him! Thanks. N O * __. „B-.09 '~` CV O r i I = i f"' m 0 0 L~ Ql W W T 1 U U ..~ s U L ~i --, ~J ~~, ~~„ ~_~ C ,?~ ~* - ,' s THE ARBORS AT WOLF PEN CREEK ca~FCe srAr~, rExns CARPORTS ®DOUBLE WSI ARCHITECTS POST STANDARD DALLAS, TEXAS THE AKBORS AT WOLF PEN CREEK I IC BHT STANDARDS ~1CYCLE RACK WSI ARCHITECTS ®ALLAS, TEXAS C®LLEGE STATI®N, TEXAS ~. _ ~ .. z THE ARBORS AT WOLF PEN CREEK C®LLEGE STATI®N, TEXAS TRAM TRASH C®PACT®R GATES lNSI ARCHITECTS ®ALLAS, TEXAS THE ARBORS AT WOLF PEN CREEK COLLEGE STATION, TEXAS STREET FENCE - WROUGI--IT IRON WITH BR1CK COLUMNS POOL FENCE -WROUGHT IRON WSI ARCHITECTS ®ALLAS, TEXAS THE ARBORS AT WOLF PEN CREEK TYPICAL BENCH POOL TRELLIS WSI ARCHITECTS DALLAS, TEXAS COLLEGE STATION, TEXAS * - ~' ~i '~ __ -_ ~z-.S s OO ~ ~ y ~, 0 i', w' -~ ~' !, i yF 0 V_ U7 01, CW 00 a ~~ /~ N 7~ I m 0 ,k _ _ _ -*- _~ ..Z-~9t .Ol-.9 THE ARBORS AT WOLF PEN CREEK COLLEGE STATION, TEXAS ENTRANCE SIGNAGE STONE RETAINING Vi/ALL V\/SI ARCHITECTS DALLAS, TEXAS THE ARBORS AT WOLF PEN CREEK COLLEGE STATION, TEXAS ~~ ~~' '~ ,. ,zo Y ~~ ~1~~, ~~~~~~ ~~~~~~ ~-~s ~_ _. FIRST WORTHING COMPANY DALLAS, TEXAS -- _ _ _ •~01-1996 8:3dAM FROM CDC 21d 559 671d i ~~'_ _~. 1/]'96 17:41 2143736369 FIRST W(~2YHIN(5C0 'e5!, ~ Al .'115. F. ~ W :~kn~ ,•i~t~ , .., „~~ •t r ~} +~ '. ,•=r . ~~ i ~' ~~ ~ :N~ , :,~~ ; .. ti: ~` ,,, ~: ,~~> ~~~ ,M1, ~~~. 5:.~.. ...:::~, ~~~,~' . ~.~~~~~ • x~, •"~~ ~~~~ •i 1 ~v~ ~:~. 1 P. 2 PAGE 82102 x ~~ ~. ~ ~ o ~ ~ N e 1 ~ ~ ~~ ~. a t~.r ~~° ~ ,i s ~ F~ der ~' ~`~~ '~ ~~ r $ . Base of sign -Rockwall Sign Construction Redwood materials 23K gold leaf lettering Posts painted trim color Background of sign painted darker color