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HomeMy WebLinkAboutLegal Document. ; . ;..~* ' ~•~ °, ° ~ BRAZ05 C0~' ~`~A65TRACT COMPANY _ ,/ _~~ hereby certi#ieo ~nis to be a true and C,~`'~""e correct copy of the original instrument. BRAZOS NTY ABSTRACT COMPANY BY CROSS ACCESS EASEMENT AGREEMENT THIS AGREEMENT is between the CITY OF COLLEGE STATION, TEXAS, having an address at 1101 Texas Avenue, Brazos :County, College Station, Texas 77840 (hereinafter. called "COLLEGE STATION") and JEFFREY L. McDOWELL and JAMES H. WOODS, (hereinafter called "McDOWELL and' WOODS") ~~having an address at 2114 Southwood Drive, Brazos'County,`Gollege Station, TX 77840. RECITALS: A. McDOWELL and WOODS are the owners of Lot A-1 of -Tract A of the Southwood Valley, Section 30 .Subdivision Re lat Coble a Station Brazos. Count p ~ g ~ Y, e T xas dated Ma 1 6 1994 recorded at Volume 2110 Pa a 166 0 Y ~ g f the Official Records of Brazos Count Texas. Y. B. COLLEGE STATION is the owner of Lots A-2 through A-22 of Tract A of the Southwood Valley, Section 30 Subdivision in College Station, Brazos County, Texas. C. COLLEGE STATION desires to construct a library on its .property and intends to replat its property for the purpose of fully utilizing the available area outside of the flood plain and floodway . ' D. McDbWELL and WOODS and COLLEGE STATION wish to jointly par- ticipate in a joint access driveway providing access from F.M. 2818 and Welsh Avenue. E. McDOWELL and WOODS and COLLEGE STATION wish to grant to each other perpetual non-exclusive easements for ingress and .egress of vehicular. and .pedestrian traffic over and across each other's :property for the purpose of utilizing the joint access driveway, and roadway,. and to access their respective properties. i F. McDOWELL and WOODS and COLLEGE STATION wish to reach an agreement on the replaf of Tract A of the Southwood Valley, Section 30 Subdivision in College Station, Brazos County, Texas. AGREEMENT: NOW THEREFORE, in consideration.of the agreements herein contained and ~ other good and valuable consideration mutually exchanged between the Parties hereto, the receipt of which is hereby acknowledged by McDOWELL and WOODS, as the owner of Lot A-1 of Tract A of the Southwood Valley, Section 30 Subdivision in College S#ation, Brazos County, Texas and COLLEGE STATION as the owner of Lots A-2 through A-22 of :Tract A of he Southwood Valley, Section 30 .Subdivision. in College Station, Brazos County, Texas, do hereby .covenant and agree as follows and do hereby convey and grant to each other the following joint access easements respecting Lot A-1 and Lots A-2 through A 22 of Tract A of .the .Southwood Valley, Section 30 Subdivision in College Station, Brazos County, Texas: ' 1. McDOWELL and WOODS and COLLEGE: STATION. agree to jointly replat Lot A-1 and Lots A-2 through A-22 of Tract A of the Southwood Valley, Section 30 Subdivision in College Station, Brazos County, Texas., a. The replat shall reflect the subdivision of the property by deed of ' same date wherein McDOWELL and WOODS conveyed to COLLEGE STATION'the property described in the attached Exhibit A. b. The replat shall reflect the access easement described in the ~ attached: Exhibit B, hereinafter referred to as the "Welsh .Access Easement". c. The replat shall reflecf the :.joint driveway access easement connecting the property to F.M. 2818 by a driveway centered on the property line of Lot A-1-and Lot A-2 of-Tract A of the South- wood Valley, .Section 30 Subdivision in College Station, Brazos County,, Texas, hereinafter "F.M. 2818 Access Easement." The width thereof shall be set.. by COLLEGE STATION access point regulations and. policies. !. js/o/june9S/mcdowelll 07/06/95. , ~~ ,~~ -d. The replat when recorded shall reflect the removal of the .private access easements and access points. on the replan: of Lots A-1 through A-22 of Tract A of the Southwood Valley, Section 30 Sub- division in College Station, Brazos County, Texas as the same. is currently platted on this date.:: e. The cost of .the replat shall be borne by COLLEGE STATION. McDOWELL and WOODS shall execute"the replat. Thee Parties recognize and-agree that the Gift Deed executed on the same date , requires a subdivision plat amendment prior to the i suance of any certificates of occupancy and that COLLEGE STATION 'has. the righn to withhold such certificates of occupancy until McDOWELL and W00DS'execute the. revised lat. re tired in accordance with p p p this .Agreement... 2. The .access point for he driveway ...referenced in Section 1.c. shall be constructed such that an equal portion of the driveway is located on Lot A-1 and Lot A- 2 of Tract A of the Southwood Valley, Section 30 Subdivision in College Station, .Brazos County, Texas. 3. The Parties agree that either Party may .apply for and .install the access point fo effectuate the joint dnvewayfor the "F.M. 2818 Access Easement." a. Review of the plans and specifications by COLLEGE STATION shag be to the standards in effect at the time. of the execution of this .Agreement and construction shall be in accordance with the la s an p n d specifications reasonably approved by COLLEGE STATION. b. During the time that only one of the Parties is utilizing the F:M. 2848 Access :Easement, that Party shall be solely responsible for the maintenance, repair and replacement of the improvements. c. When both Parties utilize the F.M. 2818 Access Easement, the respective owners of the 'properties on which the joint driveway access easement is located shall each maintain, repair and replace the improvements located on their respective properties, from time to time as`needed, and in default thereof, the other .owner may. do so on ten 40 - da s io w ( ) y pr r ntten notice .and the defaulting .owner shall reimburse the other owner for the reasonable costs' incurred in performing such work within twenty (20) days after being billed therefor. 4. McDOWELI r~+-~n±00 S shall ive to .COLLEGE STATION- the. surlLof ooo.oa~ ~... _ TEN THOUSAND `DOLLARS ($10,. ,, which sum sha~~if be a~~contribution toward tl~ie cons ruction of-the access road upon and across. the Welsh Access Easement. a. If McDOWEL' L .and ..WOODS so choose, they may construct the access road across the Welsh Access Easement with the devel- opment of Lot A-1, prior to COLLEGE STATION constructing same. However, construction plans and s e ' 'ca#ons or the access ro shall be subrnit e LEGE STATION for its consi eration and pprova . eview of the pans an specifications by COLLEGE STATION shall be to the standards 'n eff a i ect t the time of the execution of "this _Agreement and construction shall be in accordance with the plans and specifications reasonably approved by COLLEGE STATION. b. If McDOWELL and WOOD construct the e e sh ccess aseme~~~~LL"prior to ~GOLLEGE STATION, then McDOWELL and WOODS shall be entitled to a reimbursement of the TEN THOUSAND DOLLARS ($10,000.00) with the issuance of a certificate of completion by COLLEGE STATION. However, COLLEGE STATION agrees that McDOWELL and WOODS shall not be required to complete all site work on Lot A-1 in order to request a certificate. of completion as to the access road on the VClelsh Access Easement. js/c/june95/crossacc 2 - 07/OC~95 '~ 5. The Parties agree that McDOWELL and WOODS may construct- and install gas, water, sewer, telephone, drainage and electrical lines that may be neces- sary for the development of the remaining Lot A-1 parcel across the property depicted in Exhibit A ' parallel to Welsh Street on the boun;~ary line` of the parcel and Welsh Street and along the eastern boundary line of the property depicted in Exhibit A parallel to the' boundary line, in a width .satisfactory to the City of College Station, provided that '~" no unreasonable interference with` the drainage shall result therefrom. ~~' 6. Each party reserves the rghf to use the subsurface of-the F.M, 2818 Access Easemenf for the purpose of installing, using, maintaining, repairing and repiac- ing thereon, underground easements for' utilities of all kinds and descriptions, provided no permanent interference with the use of the F.M. 2818 Access Easement shall result ~~` herefrom. 7. Each party covenants and agrees not to interfere with the. other... party's use of the Easements and eaoh "party exercising any. covenants contained herein ~,~ agrees to exercise same without material interference with the business activities being conducted on the other party's property. No vehicles shall park or be permitted to stand in or along the Easement areas in such a way as to interfere with the use of the Easerents for vehicular or edestrian tr vel.` p a '8. During the term of this Agreement, it is the intention of the Parties that the Easements, covenants and .restrictions shall be appurtenant to the ownership and shall .run with the land and be binding upon and inure to the benefit of the successors in title of the res ective Parties and their res ective heirs successors em to ees bus` mess p p ~ ~ p Y ::invitees, customers and .guests: 9. Each party shall be responsible for the payment of any and all taxes assessed against their respective pro erties and/or the interests held. b ' there. p Y 10. Whenever a party is entitled to be reimbursed by the other party under this Agreement, interest: shall begin to' accrue on fhe reimbursable. amount if same is not paid within twenty (20) days after written demand therefor, at the<legal rate. i 11. This Agreement, .executed- in conjunction with the Gift Deed filed under Brazos County Clerk s File No. of the Official Records of Brazos County, Texas,.. and executed on the same date, including all Exhibits attached hereto which are. hereby expressly made a part hereof for all purposes, constitutes the entire agreement and understanding' between the Parties with regard to the subject matter hereof. The Parties shall not be bound b or liable for an statement re resentaton romise Y Y ~ p ~p , inducement, understanding 'or undertaking of any. kind or nature with regard to the subject matter hereof set forth or provided for herein. 12. This, Agreement was executed. in the State of Texas and.. shall. in .all respects be governed by, interpreted, construed and enforced in accordance with the ' laws thereof.. 13. Notices shall be given as provided herein to the designees listed below and shall be deemed to have been duly deCivered if hand delivered or sent United States certified mail, return receipt requested, postage prepaid to: (a) If to McDOWELL and WOODS: 2114 Southwood' Drive College, Station, Texas 77840 (b) If to COLLEGE STATION: City of College Station Attn: Gity Attorney P.`O` Box 9960 College Station, Texas 77842-9960 'I The above-listed names, titles, .and addresses of either Party may be changed by written notification to the other. 14. The obligations herein assumed are solely for the use and benefit of the Partieshereto, their, successors. in interest and, where permitted or provided herein, .their assigns.. _3- js/c/june95/crossacc A7/ON95 ' c~ .~ i i , IN WITNESS WHEREOF, the_ parties have caused these presents to be executed at the day and dear first above written intending to' be legally bound by the I provisions contained herein. CITY Of COLLEGE STATION McDOWELL and W00DS _.... BY: LARRY IN ayor JE EY L. McDOWELL ' ~ L...~ , ATTEST: JAMES H. WOODS 1 ~t CONNIE H00 S, City Se tary STATE OF TEXAS '~ ACKNOWLEDGMENT COUNTY OF BRAZOS This instrument was acknowledged before me an this I ~ -~Ctiday of ~ , 1995, by LARRY RINGER, as Mayor of the City of College Station,-a exas Home Rule Municipal Corporation, on behalf of said corporation. L ~'~.~.~ MARY PUCKER ~.- ~, ~ Notary Pubnc, state orrexas ~ Notary Pu 'c in and for the My commtssinn ~cpittis State of Te as JANUARY81,1994 ... II ;; G II 1, STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF:BRAZOS "` ~ This instrument was acknowledged. before me on this f.~~1. day of ,~- ,~ 1.995, by JEFFREY L. McDOWELL.- ,, ~'i _~~~ N MARY TUCKER ~..._. , `, . ~ I/ 1 ~~ NotaryPubuo,atateotTexas Notary Pu iic In and for the ~~ My commtasion films ) State of Texas JANUARY 31,1999 ,i I, I Gr ~~' STATE OF TEXAS ,~ ACKNOWLEDGMENT COUNTY OF BRAZOS This instrument was acknowledged before me on thin `L. day of ~.K~- , 1995, by JAMES H, WOODS. ~'~~ MARY TUCKER ~. ~~ Notary Publlc; State of Texas ~ MycommisslanExplrea Notary Pu is in and for the JANUARY 31, 1999 State Of Texas i4_ ~ js/c/june95/crossacc I - 07/ON95 - i i, I I ...:Field .Notes ~ of a ~ 1.106 acre. tract out of Lot Ai of a Replat of Tract "A" SOUTHWOOD VALLEY -SECTION 30 ~ College Station, Brazos County, Texas i Field Notes of a 1.106 acre tract or parcel of land out of Lot Al of a Replat of ~ Tract "A" of SOUTHWOOD VALLEY -SECTION 30, College Station, Brazos County, Texas and being described as follows: COMMENCING; at a i /2" diameter iron rod found marking the northwest corner of Lot Al of the aforesaid :Replat of Tract "A", Southwgod Valley -Section 30 and also marking the intersection point of the northeast right-of--way line of Welch Avenue with theeaoutheast right-of--way line of Texas State Farm-to- Market Road 2818 (West By-Pass); THENCE: S 32°5731." E along said northeast right-of way line of Welch Avenue for a distance of 223.11 feet to a 1/2" iron rod marking the PLACE OF BEGINNING and the beginning point of a curve to the left; THENCE: along. the curve to the left for an arc distance of 34.23 feet to a 1 /2" .iron rod rnarking;the end of arne curve to the left, central angle: 78°27'24" , !,, radius=25.00', tangent=20.41', and chord bears S ?2°11' 13" E fore a distance of 31.62 feet; THENCE: N 68°35'05" E for a distance of 257.46. feet to a 1 /2" iron. rod for corner; same iron rod also lying on the common line between.Lot Al and Lot AZ of the aforementioned. Replat of Tract "A", Southwood Valley - Section. 30; THENCE: S 32°57'31" E along the common line between Lot Al and Lot A2 of the aforesaid Replat of Tract "A' ; Southwood Valley - .Section 30, fora .distance of 176.57 feet to a 1 /2"-:iron rod for corner; '' THENCE:: S 68°35'05" W for a distance of 279.68 feet to a 1 /2" iron rod for corner; same corner also lying in the northeast right-of-way line of Welch Avenue; THENCE: N 27°04'20" W along said northeast right-of-cvay -line of Welch Avenue for a distance 'of 17.28 feet to a' l /2" iron rod; THENCE: N 32°57'31" W continuing along said northeast right-of-.way line of i n of 17 .43 feet to the PLACE OF BEGINNING• and Welch Avenue for a d sta ce 9 , 1I n "inin 1.106 acres of d more or less. co to g ~ -~~ ~, ~. ~. ~ ' T :`~: } ~... a .~' ~t ~~. ,i~ .~.. , EXHIBIT A -Page 1 J. <.. ;~., j ~. ~ .-' f ~ l ~ ~ ~~ I ~ ~ i ' ~~ ~~ ~ ~ ~, ~ ~ ~ei~ ~~~~~~~ v ~~ o ~ ~ ~ ~,Gs~o. ~n b ~ ,~' ~' ~~, ti w ~` - ~~ ,~ ,, ~" c~ ~' ~~~ ,~ ~ v ~ ~ ~~~.r g t yl ~s~- ,o w N ~ ~ ~ ~ ' i' ~ - ~ ~~ i o0 t~ ~ " ~y ~ ?~ _ ~ ~$ .. • ~~.,,` /V~ 1 1~n, ~~ ~05 - EXH[BtT A -Page 2 '; ,' Field Notes of a ~ 28` V'Vide Access Easement across Lot Al of a Replan of Tract "A" t Southwood Valley...- Section 30 College Station... Brazos County, Texas Field Notes of a 28' wide access easement across Lot Al of a Replat of'lYact "A". ~ Southwood Valley -Section 30 and being more particularly described by metes ~ and bounds as"follows: COMMENCING: at a 1 /2" diameter iron rod found marking: the northwest. corner of Lot Al of the aforesaid Replat of Tract "A", .Southwood Valley -Section 30 and also marking the intersection: point of the northeastright-of-way line. of Welch Avenue with .the southeast right of-way line of Texas State: Farm-to-' Market 12~oad 2818 ('West By-Pass); ' THENCE! S 32°5T31" E along said ".northeast right-of-way line of Welch Avenue for a distance of 223. i 1 "feet to a i /2" iron rod` marking the PLACE OF BEGINNING and the beginning. point of a curve to the left; THENCE: along the curve to the left for an arc distance of 34.23 feet to a 1/2" i iron rod marking the end of same curve to the left. central angle: 78°27'24", radius =25.00 feet. tangent = 20.41 feet and chord bears ~ 72° 11' 13" E for a distance of 31:62 feet; . THENCE:... N 68°35'05" E for a distance of 257.46 feet to a 1 /2" iron rod for corner. same iron rod also .lying on the common line between Lot Al and Lot A2 of the aforementioned Replat of Tract. "A". Southwood Valley. -Section 30; i THENCE: S 32°5T31" E along said common line between Lot Al and. A2 for a distance of 28.58 feet to a 1 /2" iron rod for corner. THENCE: S 68°35'05" W for a distance of 247.25 feet to a 1 /2" iron .rod marking the begiruiing Point of a curve to the left; ', ~, THENCE: along said curve to the left for an arc. distance of 44.31 feet to a 1 /2" iron: rod marking the end of said curve to the left. same iron rod also lying on the aforementioned northeast right-of-way line of Welch Avenue, central. angle: 101°32'36", Radius -25.00 feet, Tangent = 30.62 feet and the chord bears S i 7°48'47" W for a distance of 38.73 feet; THENCE:: N 32°5731" W along said northeast right-of--way line of Welch Avenue fora distance of ?9.61 feet to the PLACE OF BEGINNING; and r.,, ,' ' :~ : i ;i,1~T COMPANY ~~ J ~ 1 u A ~, a tru ea nd '~s a~iJinat instrument GIFT DEED :.:~~„ ~ Y ABSTRACT COMPANY j _ ' i DATE: 1 GRANTORS:. JEFFREY L. McDOWELL and JAMES H. WOODS, j not joined by their wives as the property is not a part of their respective homesteads. GRANTORS' MAILING ADDRESS: ° 2114 Southwood Drive (including county):. Brazos County .College Station, Texas 77840 GRANTEE: CITY OF COLLEGE STATION, TEXAS, a Texas Municipal Corporation GRANTEE'S MAILING ADDRESS:. 1101 Texas Avenue (including county):: ' Brazos County College Station, Texas 77840 CONSIDERATION: ONE and N0/100 DOLLARS ($1;00) and other good and valuable consideration and the devotion and goodwill which the GRANTORS share for GRANTEE PROPERTY: (including any irnprovements): Being .ail that certain 1.106 acre tract or parcel of land .out of Lot Al of a Replat of Tract ''A" of SOIJTHW00D VALLEY -SECTION 30, College Station, Brazos County:,: Texas, and being more particu arty described by metes and bounds in the attached Exhibit.."A". RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: 1. All valid existing easements, reservations, exceptions and leases of record. 2 For GRANTORS,. their: heirs, successors and assigns, ..business,. invitees, customers and guests, he reservation_of a perpetual easement fora the purpose of access, which "access:easement" is described as follows: Being a 28' wide access easement across Lot Al of a Replat of Tract "A", Southwood Valley -Section 30, an addition to the City ofi College Station, Texas, `according_ta the.. Replat dated May 16, 1994, and recorded in Volume 2110, Page 166, of the. Official Records of Brazos County, Texas, more. particularly described by metes' and bourtds as follows: COMMENCING: at a 1/2" diameter iron rod found marking the northwest I' corner of Lot Al of the aforesaid Re iat of Tract ''A" Southwood Valle - Section 30 and also marking the intersection point of the northeast right- of-way line of Welch Avenue with the southeasf right-of-way line of Texas State Farm-to-Market Road 2818 (West By-Pass);... THENCE: S 32° 57' 31" E along said northeast.. right=of-way line of Welch -Avenue for a distance of 223.11 feet to a 1%2" iron rod marking the PLACE OF BEGINNfNG and the beginning point of a curve to the left; THENCE: along the curve to the left far an arc .distance of 34.23 feet to a 1/2" iron rod marking the end of same curve to the left, centrat'angle: 78° 27' 24", Radius =-25.00 feet, Tangent =.20.41 feet and chord bears S 72° 11' 13" E for a distance of 31.62 feet; THENCE: N 68° 35' 05" E fovea distance of :257.46 feet to a 1/2 iron rod for corner; .same iron rod also-lying on the common line between Lot Al and Lot A2 of the aforementioned-Replat of Tract"A" Southwood Valley - .Section 30; THENCE: S 32° 57' 31" E along. said common line .between Lat Al and A2 for a distance of 28.58 feet to a 1/2" iron rod for- corner; js/c/june9S/wooddeed 07/OC/95 . ~ .~ THENCE: 5.68° 35' 05". W for a distance of 247.25 feet to a 1/2" iron rod marking the beginning point of a curve to the left; THENCE: along said curve to the left for an arc distance of 44.31 feet to a 1/2" iron rod marking the end of said curve to the left, same iron rod also lying an the aforementioned northeast- right-of-way: line of Welch Avenue, central angle: 101.° 32' 36", Radius = 25.00- feet, Tangent 30.62 feet, and the chord bears S 17° 48':.47" W for a distance of 38.73 :feet; THENCE: N 32° 57' 31" W along said northeast right-of-way line of Welch Avenue for a distance of 79..61 feet to the PLACE OF BEGINNING; and containing 0.186 acres of and, more or less; 3. For GRANTORS, their. heirs," successors and assigns, business. invitees, customers and guests, the reservation of a non-exclusive. easement, with the associated right. to install utilities across the `Property hereinabove described at a location (i) parallel to Welsh Street on the boundary line of the Property, drainage lines, and Wel h Street and (ii) along the eastern boundary line of'the Property parallel to the boundary line, both in a width satisfactory for the Gity of College Station, to approve installation and use of gas, water, sewer, telephone, drainage and electrical Ines that may be necessary far the development of he remaining Lot Al parcel presently owned by GRANTORS said easement` hall be as depicted in the shaded-area in Exhibit "A'' attached and made a part hereof. GRANTORS, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, :GRANT; CONVEY and CONFIRM to GRANTEE the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, to have and ..hold it to GRANTEE, GRANTEE's successors and assigns forever. GRANTORS bind- GRANTORS and GRANTORS' heirs, personal representatives, successors and assigns to warrant and forever defend all and singular the property to GRANTEE and GRANTEE'S successors and assigns against every person whomsoever awfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance. and warranty,: when the claim is by, through, or under GRANTOR but not. otherwise, JE FRE Y L. McDOWELL :,° A J MES H. W D 00 S i i STATE OF TEXAS COUNTY OF BRAZOS ~ Before me, the undersigned authority, on this day personally appeared JEFFREY: L. McDOWELL, known to me to be the.. person whose name is subscribed to the foregoing instrument,. and acknowledged to me that he executed .the same for the purposes°and'consideration thereinex ressed. p ',I Y ~ Y Y. Given under m hand and seal o f office on this the ~ da of Jul 1995. ..~ ,~'~ MARY TUCKER Notar P lic in a d a Notary Publ(c, fate of Texas y n f r Commission Tres t `MY ExA the State of Texas JANUARY 31,1Qf19 ~, js/~une9S/wooddeed - 2 - 07/ON9S ~'y~ ,y _ ,.. STATE OF TEXAS '' COUNTY OF BRAZOS Before me, the undersigned authority, on; this day personally appeared JAMES j H. WOODS, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged #o me that `he executed the.: same for the. purposes and consideration therein expressed. Given under my hand and seal of office on this the ~ day of July, 1995. 1 ~~~ MARY TUCKER' ; Notary Public, state ot'Texas Notary P is in and for. tNy Commission Explrea the State. Texas JANUARY 31, 1499 { i j 1 1 ~ -3~ ~ js/c/june95/wooddeed i 07/ON9S r i CU' N to Fi ld o e of a 1.106 acre tract out of Lot Al of a Replan of 17act ,'A„ SOUTHWOOD VALLEY -SECTION 30 College Station, Brazos County,. Texas I -Field Notes of a 1.106 acre tract or parcel of land out of Lot Al of a Replat of ~ Tract "A" of SOUTHWOOD VALLEY -SECTION 30, College Station, Brazos. County, Texas and being described as fohows: COMMENCING; at a 1 /2" diameter iron rod found marking the. northwest corner of Lot;Al of the aforesaid Repla~ of Tract "A", Southwood Valley. -..Section 30 and' also marking the intersection point of the northeast right-of: way line of Welch Avenue with``the southeast right-of-way line of Texas State Farm-to- Market Road 2818 (West By Pass); ', 1. THENCE: S 32°5T31" E along said northeast right-of--way line of Welch Avenue for a distance of 223.1 l feet to a l /2" iron rod marking the PLACE OF BEGINNING and the beginning point of a curve to the left; THENCE: along. the curve to the .left for an arc distance of 34.23 feet to a 1 /2" iron rod marking the end of same curve o the left, :central. angle:. 78°2T24" . ~I radius-25.00', tangent=20..41', and chord bears S 72° 11'.13" E for a distance of ~I 3:1.62 feet; • N °35'05" E for a distance of 257:46 feet to a 1 2" iron rode. for THENCE. 68 / corner; same iron rod also lying on the common line between Lot Al and Lot A2 I~ of the .aforementioned Replat of Tract "A", Southwood Valley - Section 30; THENCE: S 32°57'31" E along the common line between' Lot Al and Lot A2 of the aforesaid'Re lat of Tract "A" Southwood Valle =Section 30; for a distance I p Y of 176.57 feet to a l /2".iron rod for corner; r, THENCE: S 68°35'05" W for a distance of 2.79.68 feet to a 1 /2" iron :rod for ~~i corner', same corner also: lying in the northeast right-of. way line of Welch I~ Avenue; ~, THENCE: N '27°04'20" W along said. northeast. right-of-way line` of Welch Avenue for a distance of 17.28 feet to a l /2"'ironrod; ~~ THENCE: N 32°57'31" W continuing along said northeast right-of way line of r, Welch Avenue for a distance of 179.43 feet to the PLACE OF BEGINNING; and containing 1.,106 acres of end, more or ess. .!' l !,~ ,, A r L `., 7 ~l ..` :~~ /`/ f `\' I: . . ~ ~ 'y~ t, "y.. i . L I. .:. ~± .. IBIT A Pa e 1 EXH 9 _ .. J