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HomeMy WebLinkAboutOrdinance ORDINANCE NO. 2311 AN ORDINANCE REZONING THREE PARCELS OF LAND TOTALING 3.0 ACRES LOCATED IN THE THOMAS CARRUTHERS LEAGUE, ABSTRACT NO.9, COLLEGE STATION, BRAZOS COUNTY, TEXAS, GENERALLY LOCATED AT THE INTERSECTION OF HOWE DRIVE, HUNTINGTON DRIVE AND FAULKNER DRIVE IN THE FOXFIRE AREA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: The following three tracts of property be rezoned from R-I Single Family Residential to A-OR Rural Residential Subdivision:. Tract 1 A: A 1.0 acre tract described by metes and bounds in "Exhibit A" and shown graphically in "Exhibit B". Tract 1B: A 1.0 acre tract described by metes and bounds in "Exhibit An and shown graphically in "Exhibit B". Tract 2: A 1.0 acre tract described by metes and bounds in "Exhibit A" and shown graphically in "Exhibit B". A notice of the time and place, where and when said ordinance would be given a public hearing and considered for final passage, was published in The Eagle, a daily newspaper of general circulation in the Cities of Bryan and College Station, said publication being on Wednesday, February 11, 1998, the same being at least fifteen (15) days prior to a public hearing to be held in the Council Room of the City Hall in College Station, Texas, at 7:00 p.m., on Thursday, February 26, 1998, to permit the public to be heard prior to final consideration of this ordinance. PASSED QN TIllS 26th day of February, 1998. ATTEST: . ~ onnie Hooks, City Secretary ~ ~trJ ~tfi 11 Lynn cIlhaney, Mayor 7 APPROVED: ~ ( PAGE 1 OF 3 EXHIBIT "A" ORD. NO. 2311 . TIEI.D NarES - Tract lA: Being all that certain tract or parcel of land more commonly known or referred to as the CHYLINSKI TRACT, which is described on Warranty Deed filed in Volume 475 Page 474 of the Deed Records of Brazos County, and being more particularly described by metes and bounds as follows: BEING a tract or parcel of land lying and being situated in the Thomas Caruthers League, Abstract ijo. 9,~razosCo\lnty. Texas, and being part of the J. M. Higgins Estate and being more particularly described as follows: Tract No.1 - Beginning at an iron rod in the southwest boundary line of the above described tract, same being the most easterly corner of Lot 5, Block 5, FoxflIe Addition, DR 351/435; THENCE N 450 03' 16" W along said Lot 5, for a distance of 219.73 feet to an iron rod for corner; THENCE N 440 44' 47" E within said Higgins tract for a distance of 198.25 feet to an iron rod for corner; THENCE S 450 03' 16" E parallel to said Lot 5, for a distance of 219.73 feet to an iron rod for corner; THENCE S 440 44'47" W for a distance of 198.25 feet to the POINT OF BEGINNING, conFaining 1.00 are of land more or less. :Jr.ict lB' > Being a tract or parcel of land lying and being situated in the Thomas Caruthers League, Abstract No.9, Brazos County, Texas, more commonly known or referred to as the CHYLINSKI TRACT, and being part of the J. M. Higgins Estate which is described on a Warranty Deed and being more particularly described as follows: Tract No.1 - Commencing at an iron rod in the southwest boundary line of the above described tract, same being the most easterly corner of Lot 5, Block 5, Foxfire Addition, DR 351/435; THENCE N 440 44' 47" E 198.25 feet along the northwest right-of-way line of Faulkner Drive to an iron rod for the PLACE OF BEGINNING; THENCE N 450 03' 16" W 219.73 feet to an iron rod for corner; THENCE N 440 44'47" E 198.25 feet to an iron rod for corner; THENCE S 45003'16" E 219.73 feet to an iron rod for corner; THENCE S 44044'47" W 198.25 feet to the PLACE OF BEGINNING, and containing 1.00 acre of land, more or less. Tract 2: Being all that certain tract or parcel of land more commonly known or referred to as the PEARCE TRACT, same parcel being a 1.00 acre tract or parcel ofland lying and being situated in the Thomas Caruthers League, Abstract No.9, Brazos County, Texas, and being part of the J. A. Higgins Estate, and being more particularly described in A Warranty Deed filed in Volume 424 Page 133 of the Deed Records of Brazos County as follows: . BEGINNING at an iron rod in the Southwest boundary line of the above described Higgins tract, same being the most northerly corner of Lot 2 Bloclt 4 Foxfire Addition, Dr. 351/435; THENCE N 440 44' 47" E, within said Higgins tract, for a distance of 229.3 feet to an iron rod for corner; THENCE S 450 03'16" E~ parallel to Lot 2, for a distance of 190 feet to an iron rod for corner; THENCE S 440 44' 47" W for a distance of 229.3 feet to an iron rod for corner in the northeast line of said Lot 2; THENCE N 450 03' 16" W along said Lot 2, for a distance of 190 feet to the POINT OF BEGINNING, containing 1.00 acre ofland, more or less PA~ ? nt;' 1. h'; ~<;:-~# V,# ~.# ~ ,# ~,# t;-'t'.# ~ ,# ~.# ~.# 0,# ,# " .# ,# ,# .# " .# .# , ,~ # .~ #' .~ #' . ,. .) ,. .# #' ,# /' EXHIBIT "B" no " ., CASE INFORMATION: Rezoning of 3 acres total Applicant: City of College Station Phone: (409) 764 3570 3 unplatted tracs in the Foxfire area Requesting A-OR on existing R- 1 zoning ORD. II 2311 tl E f}L/r~j'![)t' (,.,TV !...f!tl/7)~' 200' NOTIFICA TlON AREA , :-f 12A~:( (0 ~ ,\ ~ C A-O I'Ar City of College Station, Texas ~ PLANNING DMSION CASE NUMBER: REQUEST: 98-102 REZONING TlAr"Tr." '1 r"\T'" "l .. ORDINANCENO.1964 AN ORDINANCE RECEIVING CERTAIN TERRITORY ADJOINING THE CITY LIMITS OF THE CITY OF COLLEGE STATION, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: WHEREAS, the City of College Station has decided to extend the boundaries of the City and annex area adjacent to the City lying within the extraterritorial jurisdiction of the City as described by metes and bounds in Exhibit A attached herein and incorporated by reference; WHEREAS, the City Council as governing body of the City has conducted two public hearings on May 28, 1992, and June 5, 1992, respectively, at which persons interested in the annexation- were given the opportunity to be heard; WHEREAS, these hearings were conducted on or after the 40th day but before the 20th day before the date of the institution of the annexation proceedings; WHEREAS, notice of the hearings was published in a newspaper of general circulation and in the area proposed for annexation at least once on or after the 20th day but before the 10th day before the date of each hearing; WHEREAS, at the public hearings a "Service Plan" that provides for the extension offull municipal services to the area to be annexed, prepared by the City Planning Department in accordance with Sec. 43.056 of the Local Government Code, was made available for public inspection and was explained to the inhabitants of the area at the.public hearings; and WHEREAS, the Service plan is set out in Exhibit B attached hereto is and incorporated herein as part of this ordinance by reference. NOW, THEREFORE, in accordance with Article II, Section 7 of the Charter of the City of College Station, Texas, and Sec. 43.021 of the Texas Local Government Code, the City of College Station City Council by this ordinance receives the aforementioned territory into the incorporated limits of the City of College Station, Texas,as described in Exhibit A. PASSED and APPROVED this 25th day of June, 1992. ATTEST: APPROVED: ~~MAYOR ..' EXHIBIT A DESCRIPTION OF ANNEXED AREAS AREA 1 Helng all that certain tract or parcel of land more commonly known or referred to as FOXFIRE PHASE I SUBDMSION, which is described on a plat filed in Volume 351 Page 435 of the Deed Records of Brazos County, and being more particularly described by metes and bounds as follows: BEGINNING at a point in the intersection of Sebesta Road and Foxfrre Drive, thence along Sebesta Road N 450 00' 52" E for 561.36 feet to a point for corner; THENCE S 440 38' 35" E for 1643.10 feet to a point for corner; THENCE N 450 03' 20" E for. 1524.22 feet; THENCE S 840 15' 29" E for 186.15 feet; THENCE N 870 44' 56" E for 256.51 feet to a point in the center of Foxfire Drive; THENCE N 570 14' 13" E for 235.83 feet; THENCE N 590 25' 23" E for 146.11 feet; THENCE S 660 20' 30" E for 335.07 feet to a point on the northwest right-of-way line of Freneau Drive; THENCE along the north right-of-way line of Freneau N 400 36' 41" E for a distance of 120.00 feet; THENCE S 450 14' 33" E for 60.00 feet to a point in the southeast right-of-way line of Freneau Drive; THENCE N 440 45' 27" E for 57.55 feet; THENCE S 450 03' 16" E for 1301.33 feet to a point for corner; THENCE S 480 05' 38" W for 161.06 feet; THENCE S 070 19' 11" W for 218.71 feet; THENCE S 660 18' 27" W for 109.75 feet to a point on the northeast right-of-way line of Frost Drive; THENCE S 440 48' 14" W for 60.00 feet across Frost Drive to a point on the southwest right-of-way line of Frost Drive; THENCE N 790 56' 54" W - -118.09 feet; THENCE S 140 02' 13" W - 205.03 feet; THENCE S 340 35' 41" E - 166.14 feet; THENCE S 210 41' 24" W - 134.54 feet; Ordinance No. 1964 page 2 THENCE S 090 22' 3511 E - 191.05 feet; THENCE S 340 45' 4011 W - 94.60 feet; THENCE S 800 46' 2011 W - 137.20 feet; THENCE S 590 01' 0511 W - 125.87 feet; THENCE S85030'5511W - 118.13 feet for a corner; THENCE N 450 05' 2011 W - 1600.46 feet to a point in the center of Foxfire Drive; THENCE along the centerline of Foxfire Drive S 440 50' 0111 W for 567.70 feet; THENCE along a curve to theright with a central angle of 450 00' 4211 , a radius of 300feet and a tangent of 124.30 feet; THENCE continuing along the centerline of Foxfire Drive S 890 50' 4311 W 252.85 feet; THENCE along a curve to the left with a central angle 450 00' 4211 , radius 401.17 feet and tangent 166.21 feet; THENCE S 440 50' 0111 W a distance of 85.00 feet; THENCE along a curve to the right with central angle 900 06' 5811 with a radius of 299.96 feet and tangent of 300.57 feet; THENCE continuing along the centerline of Foxfrre Drive N 45003' 0111 W a distance of 1728.11 feet to the POINT OF BEGINNING and containing 108.02 acres, more or less, taken from a plat filed in Volume 351 Page 435 of the Deed Records of Brazos County. AREA 2 Being all that certain tract or parcel of land more commonly known or referred to as FOXFIRE PHASE 2 SUBDIVISION, which is described on a plat filed in Volume 358 Page 291 of the Deed Records of Brazos County, and being more particularly described by metes and bounds as follows: BEGINNING at a point in the intersection of Sebesta Road and Foxfrre Drive, THENCE along the centerline of Foxfire Drive S 450 03' 0111 E a distance of 1728.11 feet; Continuing along the centerline of Foxfire Drive along a curve to the left with central angle of 900 06' 5811 , a radius of 299.96 feet and a tangent of 300.57 feet; THENCE N 440 50' 0111 E a distance of 85.00 feet; THENCE along a curve to the right with a central angle of 450 00' 4211 with a radius of 401.17 feet and a tangent of 166.21 feet; THENCE N 890 50' 4311 E a distance of 252.85 feet; Ordinance No. 19 64 page 3 Continuing along a curve to the left with a central angle of 450 00' 42" , a radius of 300.00 feet and a tangent of 124.30 feet; THENCE N 440 50' 01" E a distance of 567.70 feet to a corner; THENCE S 450 05' 20" E a distance of 2244.58 feet to a corner; THENCE S 430 18' 28" W a distance of 1142.54 feet to a corner; THENCE N 450 00' 14" W a distance of 2274.24 feet to a corner; THENCE S 440 56' 17" W a distance of 998.94 feet to a corner; THENCE N 440 58' 08" W a distance of 2413.92 feet to a point within the right-of- way of Sebesta Road; THENCE N 450 03' 27" E a distance of 505.56 feet to the POINT OF BEGINNING apdcQntaining 94.25 acres, more or less, taken from a plat filed in Volume 358 Page 291 of the Deed Records of Brazos County. AREA 3 aeingiall that certain tract or parcel of land more commonly known or referred to as FOXEIRE PHASE III SUBDMSION, which is described on a plat flied in Volume 47 TPage 783 of the Deed Records of Brazos County, and being more particularly descriped by metes and bounds as follows: BEGIN'NING at a point at the most northeasterly corner of Block 4 Lot 2 Foxfrre Phas~I,THENCE S 450 03' 16" E a distance of 858.52 feet to a corner; THENCE S 450 13' 39" W a distance of 582.88 feet to a point on the northeast right- of-way line of Frost Drive; THENCE S 440 01' 29" W 60.00 feet to a point in the southwest right-of-way line of Frost Drive; THEN'CE S 450 58' 31" E 59.23 feet along the southwest right-of-way line of Frost Drive to a corner; THENCE from a point on the southwest right-of-way line of Frost Drive S 430 181 28""," a distance of779.11 feet to a corner; THENCE N 450 05' 20" W a distance of 644.12 feet to a corner; THENCE N 850 30' 55" E a distance of 118.13 feet; THENCE N 590 01' 05" E a distance of 125.87 feet; THENCE N 800 46' 20" E a <Jistance of 137.20 feet; THENCE N 34045' 40" E a distance of 94.60 feet; THENCE N 090 22' 35" W a distance of 191.05 feet; J ~_. I THENCE N 210 41' 24" E a distance of 134.54 feet; Ordinance No. 1964 page 4 THENCE N 340 35' 41" W a distance of 166.14 feet; THENCE N 140 02' 14" E a distance of 205.03 feet; THENCE S 790 561 54" E a distance of 118.09 feet to a point on the southwest right- of-way line of Frost Drive. THENCE N 440 48' 14" E a distance of 60.00 feet (crossing Frost Drive) to a point on the northeast right-of-way line of Frost Drive. THENCE N 660 18' 27" E a distance of 109.75 feet; THENCE N 07019' 11" E a distance of218.71 feet; TIIENCE N 480 05' 38" E a distance of 161.07 feet to the POINT OF BEGINNING and containing 22.59 acres of land, more or less [21.5 acres plus the right-of-way of Frost Drive], taken from a plat filed in Volume 477 Page 783 of the Deed Records of Brazos County. AREA 4 Being all that certain tract or parcel of land more commonly known or referred to as FOXFIRE PHASE IV SUBDIVISION, which is described on a plat filed in Volume 717 Page 765 of the Deed Records of Brazos County, and being more particularly described by metes and bounds as follows: Being all that certain tract or parcel of land, lying and being situated in the TH()MAS CARUTHERS LEAGUE, in Brazos County, Texas, and being all of that 49~099acre tract ofland conveyed to FOXFIRE Limited #1 by John F. Higgins, et al byd~edrecorded in Volume 580, Page 244 of the Deed Records of Brazos County, Tex::is,and being more particularly described by metes and bounds as follows: BEGINNING: at an iron rod found marking the most northerly corner of Lot 2, Bloc~FQur of FOXFIRE Phase I as recorded in Volume 351, Page 435 of the Deed Records, said iron rod also being in the southeast right-of-way line of Faulkner DriVe; THENCE: N 450 03' 16" W across said Faulkner Drive for a distance of 100.00 feet to an iron rod found at the most easterly corner of Lot 5, Block Five of said FOXFIRE Phase I, said iron rod also marking the most southerly corner of the John Chylinski 1.00 acre tract as recorded in Volume 475, Page 473 of the Deed Records; THENCE: N 44044' 47" E along the said Chylinski tract and another 1.00 acre trast conveyed to John Chylinski as recorded in Volume 475, Page 477 for a distance of 396.50 feet to an iron rod for corner; THENCE: N 45003' 16" W for a distance of 219.73 feet to an iron rod at the most northerly corner of the said 9hylinski tract (Volume 475, Page 477); THENCE: S 44044' 47" W for a distance of 396.50 feet to an iron rod at the most westerly corner of the aforesaid Chylinski tract (Volume 475, Page 473); THENCE: N 450 03' 16" W along the northeast line of the said FOXFIRE Phase I for a. distance of 769.85 feet to an iron rod set at a fence corner for corner, said iron Ordinance No. 1964 page 5 rod also being the most westerly corner of this tract; THENCE: N 45021' 2111 E along said northeast line for a distance of 688.58 feet to an iron rod set for corner; THENCE: S 360 48' 3211 E parallel to and 110.00 feet southwest of the centerline of the Gulf States Utilities Company easement recorded in Volume 130, page 172 of the Deed Records for a distance of 3439.77 feet to an iron rod set for corner; THENCE: along the centerline of a gully for the following calls: S 66004' 2511 W for a distance of 163.84 feet; S 300 55' 4011 W for a distance of 80.03 feet; S 310 45' 2211 W for a distance of 61.67 feet S 030 22' 56"W for a distance of 106.13 feet; S 400 18' 05" W for a distance of 413.65 feet to an iron rod set in the northeast line of a 40' wide roadway described in Volume 188, Page 450 of the Deed Records; THENCE: N 450 55' 3111 W along said roadway for a distance of 1331.28 feet to a 1/2 inch iron rod found at a fence corner for corner; THENCE: N 45020' 1211 E along the southeast line of FOXFIRE Phase III as recorded in Volume 477, Page 783 for a distance of 607.21 feet to an iron rod found at a fence corner; THENCE: N 450 03' 1611 W along the northeast line of said FOXFIRE Phase III for a distance of 880.90 feet to an iron rod found for corner, said iron rod also being at the most southerly corner of a 1.00 acre Cynthia Ruth Jackson tract as described in Volume 424, Page 133 of the Deed Records; THENCE: N 440 44' 4711 E along the southeast line of said Jackson tract for a distance of 229.30 feet to an iron rod for corner; THENCE: N 450 03' 1611 W for a distance of 190.00 feet to an iron rod at the most northerly corner of the said J acksoIi tract; THENCE: S 44044' 4711 W along tb,enorthwest line of the Jackson tract for a distance of 229.30 feet to the POINT OF BEGINNING and containing 49.099 acres of laind,more or less, according to a survey made under the supervision of Michael R.l.\4cClure, Registered Public Surv~yor No. 2859, in February, 1984, as recorded on a plat filed in Volume 717 Page 7656fthe Deed Records of Brazos County. AREA 5 Being part of a parcel of land more commonly referred to as Frost Drive, and abutting the portion of the right-of-way of the same street, which is included in Foxfire Phase IV subdivision, and more particularly described by metes and bounds as follows: Beginning at the most southerly corner of Lot 5, Block 15, Foxfire Phase IV, located in the Thomas Caruther League A-9, Brazos County, Texas; Thence S 400 18' 0511 W for a distance of 21.11 feet to the point of beginning; Thence N 450 55' 3111 W for a distance of 1,331.28 feet; Ordinance No. 1964 page 6 Thence S 44004' 29" W for a distance of 35.67 feet; Thence S 45047' 12" E for a distance of 1,331.28 feet; Thence N 440 04' 29" E for a distance of 38.89 feet to the point of beginning and containing 1.1394 acres of land more or less. AREA 6 Being all that certain tract or parcel of land more commonly known or referred to as the HENRY TRACT, which is described by deed recorded in Volume 754 Page 331 of the Official Records of Brazos County, and being more particularly described as follows: Metes and Bounds description of all that certain 5.87 acre tract or parcel of land, lying and being situated in the THOMAS CARUTHERS LEAGUE, Abstract No.9, Brazos County, Texas, and being a portion out of that same called 76.47 acre tract conveyed from Anna Jean Kirk, et vir, to W.C. Lipsey, Trustee, as described by deed recorded in Volume 754, Page 331 of the Official Records of Brazos County, Texas, and said 5.87 acre tract being more particularly described as follows: COMMENCING at a 1/2" iron rod found at the base of a fence post, said iron rod marking the east corner of said 76.47 acre tract, and being the intersection of the southwest line of Frost Drive and the northwest line of Bird Pond Road, as currently fenced. THENCE: N 450 07' 00" W - 819.49 feet with the line of Frost Drive to a 1/2" iron rod set for the PLACE OF BEGINNING. THENCE: S 44053' 00" W - 648.15 feet across said called 76.47 acre tract to a 1/2" iron rod set for reference monument. THENCE: S 440 53' 00" W - 50.00 feet to a point for corner in the centerline of a creek; THENCE: N 110 02' 22" W - 89.13 feet with said creek centerline to a point for angle point. THENCE: with said creek centerline for the following calls: N 000 03' 05" E - 212.19 feet N 24016' 59" W - 220.53 feet N 31017' 20" E - 277.57 feet THENCE: N 030 02' 02" W - 80 84 feet with said centerline to a point for corner. THENCE: N 440 53' DO" E - 50.00 feet to a 1/2" iron rod set for reference monument. THENCE: N 440 53' DO" E - 45.32 feet to a 1/2" iron rod set for corner in the southwest right-of-way line of Frost Drive. A 1/2" iron rod set for corner in the north corner of said called 76.47 acre tract bears N 45007' DO" W - 322.95 feet. THENCE: S 450 07' DO" E - 554.78 feet with said line to the PLACE OF Ordinance No. 19 6 4 page 7 BEGINNING, and containing 5.87 acres of land, more or less. AREA 7 Being all that certain tract or parcel of land more commonly known or referred to as the WALTMAN TRACT, which is described in a deed recorded in Volume 916 Page 357 of the Official Records of Brazos County, and being more particularly described by metes and bounds as follows: Field notes of a 9.38 acre tract or parcel of land lying and being situated in the Morgan Rector Survey, Abstract No. 46, Brazos County, Texas, and being part of the 72.19 acre tract described in the deed from A.L. Salley to McHayden Dillard and wife, Barbara Dillard as recorded in Volume 916, Page 357, of the Official Records of Brazos County, Texas, all of the 1.24 acre tract (home-site) described in the correction deed from A. L. Salley to McHayden Dillard and wife, Barbara Dillard as recorded in Volume 915 Page 59, of the Official Records of Brazos County, Texas, part of the 1.04 acre tract (60l access) described in the deed from A.L. Salley to McHayden Dillard and wife, Barbara Dillard as recorded in Volume 904, Page 421, of the Official Records of Brazos County, Texas and being more particularly . described as follows: COMMENCING at the 1/211 iron rod found at 811 cedar post fence corner marking the west corner of the beforementioned 72.19 acre tract, same being the north corner of the C. William Hedderman II 8.40 acre tract described in Volume 704, Page 397 of the Official Records of Brazos County, Texas; THENCE: 836034' 4711 E with the southwest line of the 72.19 acre tract for a distance of394.34 feet to the PLACE OF BEGINNING. THENCE: N 44052' 0811 E - across the 72.19 acre tract for a distance of 949.61 feet for the northmost corner of this description; THENCE: 8390 09' 0811 E, pass at 251.05 feet the north corner of the 1.24 acre tract~continue on for a total distance of 381.21 feet for the east corner of this description at the east corner of said 1.24 acre tract; THENCE: S440 52' 0811 W along the southeast line of the beforementioned 1.24 acre tract,. ata distance of 966.00 feet pass a 1/211 iron rod found marking the south corner of the said 1.24 acre tract, continue on for a total distance of 969.93 feet to a 1/2"ironrod set at the intersection of the projection of the southeast line of the said 1.24 acre tract with the projection of the northeast line of the Foxfire - Phase IV according to the plat recorded in Volume 717, Page 766, of the Deed Records of Brazos County, Texas; THENCE: S 360 48' 35~' E along the projection of the northeast line of the Foxfire- Phase IV for a distance of 5.91 feet to a 1/211 iron rod set at the north corner of said Foxfire - Phase IV; THENCE: S 450 21' 1811 W along the northwest line of the beforementioned Foxfrre - Pha,se IV for a distance of 688.58 feet to a 1/2 iron rod found marking the west corn~r of FoxfirePhase I according to the plat recorded in Volume 351, Page 435 A, of the Deed Records of Brazos County, Texas; THENCE: S 440 14' 1711 W along the northwest line of Lot 1, Block 5, Foxfire- Phase I for a distance of 56.65 feet (57.55 call) to a 1/211 iron rod found at 411 creosote Ordinance No. 1964 page 8 ," post fence corner marking the east corner of Freneau Drive (60' right-of-way); THENCE: N 450 21' 41" W along the northeast line of Freneau Drive for a distance of 60.11 feet to a 1/2" iron rod found at 4" creosote post fence corner; THENCE: N 440 14' 17" E parallel with and 60.111 feet northwest of the northwest line of the beforementioned Lot 1, Block 5, Foxfrre -.Phase I, for a distance of 51.52 feet to a 1/2" iron rod set; THENCE: N 450 21' 18" E parallel with and 60.00 feet northwest of the northwest line of Foxfire Phase IV adjacent to a fence for a distance of 705.96 feet to a 1/2" iron rod found at cross-tie fence corner marking the east corner of the beforementioned 8.40 acre tract; THENCE: N 360 341 47" W along the common line between the beforementioned 72.19 acre tract and the 8.40 acre tract, adjacent to a fence, for a distance of 328.74 feet to the PLACE OF BEGINNING, containing 9.38 acres of land more or less. AREA SA Being all that certain tract or parcel of land more commonly known or referred to as the CHYLINSKI TRACT, which is described on Warranty Deed filed in Volume 475 Page 474 of the Deed Records of Brazos County, and being more particularly described by metes and bounds as follows: BEING a tract or parcel of land lying and being situated in the Thomas Caruthers League, Abstract No.9, Brazos County, Texas, and being part of the J. M. Higgins Estate and being more particularly described as follows: Tract ~o. 1 - Beginning at an iron rod in the southwest boundary line of the above de:scrib~d tract, same being the most easterly corner of Lot 5, Block 5, Foxfrre Addition, DR 351/435; THENCE N 45003' 16" W along said Lot 5, for a distance of 219.73 feet to an iron rod for corner; THENCE N 440 44' 47" E within said Higgins tract for a distance of 198.25 feet to an iroIlrod for corner; THENCE S 450 03' 16" E parallel to said Lot 5, for a distance of219.73 feet to an iron rod for corner; THENCE S 440 44'47" W for a distance of 198.25 feet to the POINT OF BEGINNING, con~aining 1.00 are of land more or less. ~E.AT8B .. Be~nga tract or parcel of land lying and being situated in the Thomas Caruthers Le~gue, Abstract No.9, Brazos County, Texas, more commonly known or referred to as~heF~HYLINSKI TRACT, and being part of the J. M. Higgins Estate which is described on a Warranty Deed and being more particularly described as follows: Tract No.1 - Commencing at an iron rod in the southwest boundary line of the above described tract, same being the most easterly corner of Lot 5, Block 5, Foxflre Adcliti9n, DR 351/435; Ordinance No. 19 6 4 page 9 .. THENCE N 440 44' 47" E 198.25 feet along the northwest right-of-way line of Faulkner Drive to an iron rod for the PLACE OF BEGINNING; THENCE N 450 03' 16" W 219.73 feet to an iron rod for corner; THENCE N 440 44147" E 198.25 feet to an iron rod for corner; THENCE S 45003116" E 219.73 feet to an iron rod for corner; THENCE S 44044147" W 198.25 feet to the PLACE OF BEGINNING, and containing 1.00 acre of land, more or less. ARE.A9: Being allthat certain tract or parcel of land more commonly known or referred to as the PEARCE TRACT, same parcel being a 1.00 acre tract or parcel of land lying and being situated in the Thomas Caruthers League, Abstract No.9, Brazos County, Texas, and being part of the J. A. Higgins Estate, and being more particularly described inA Warranty Deed filed in Volume 424 Page 133 of the Deed Records of Brazos County as follows: . BEGINNING at an iron rod in the Southwest boundary line of the above described Higgins tract, same being the most northerly corner of Lot 2 Block 4 Foxfire Addition, Dr. 351/435; THENCE N 440 44' 47" E, within said Higgins tract, for a distance of 229.3 feet to an iron rod for corner; ) / THENCE S 450 03116" E, parallel to Lot 2, for a distance of 190 feet to an iron rod for corner; THENCE S 440 44' 47" W for a distance of 229.3 feet to an iron rod for corner in the northeast line of said Lot 2; THENCE N 450 03' 16" W along said Lot 2, for a distance of 190 feet to the POINT OF BEGINNING, containing 1.00 acre of land, more or less page 10 EXHIBIT B SERVICE PLAN Service Plan Foxflre Area Annexation. On June 28, 1992, the City Council of the City of College Station annexed certain properties located within the City's Extra-Territorial Jurisdiction into the City.. These properties are illustrated in Figure 1. This plan provides a program under which the City of College Station will provide full municipal services to the annexed area. The timing of service provision will vary depending on the service-~ All services will be provided within 4 1/2 years unless changed conditions or subsequent occurrences make the service plan unworkable or obsolete. In such event, the City shall amend the service plan to conform to the changed conditions or subsequent occurrences as provided in Local Government Code Sec. 43.056(h). However, the following services shall be provided not later than sixty (60) days following the effective date of annexation: ) 1) 2) 3) 4) 5) 6) police protection; fire protection solid waste collection maintenance of roads and streets, including road and street lighting; maintenance of parks, playgrounds and swimming pools; and maintenance of any other publicly owned facility, building, or service. For the purpose of this plan, "full municipal services" includes any service funded in full or in part by municipal taxes and provided by the City of College Station within its full-service boundaries. Municipal services to be provided within the annexed area may be by any of the methods by which the City provides services to other comparable areas. Municipal services within the annexed area are to be provided at the same level as such services are provided to other comparable areas of the City. Specifically, comparable areas of the City are those portions of the City that have similar characteristics of topography, land use and population density. ,J Ordinance No. 1964 page 11 ) SYAiE KN'r 15 - tA5T iJtP-'SS EiiiiEii~~ Cl)OlOl'l .....> .bl>.~~.OO"'''' "d . . . II . ltJ~~~Rq~~~~ i5ii~ia~~~ i ~UHD~~totMM=1;tj 0 >e!e!~~~~a~>04 ; ~~~.~~~ ~ >>0 c; = oo~ ~ ~~ ~ ..,... 0 tn ~ t:l ~ ..... ". '. " ". " ~ " ii' ~ t'4 Z~O Z~O trJO~ ~~8 ~O~ ~mO ~I.;rjZ OtJO Z ~ CD " ) <> <: iiI ~ ~ ~ i'J -.....,,- ~ ~ .. Police Protection Police protection and police services will be provided to the annexed properties immediately following the effective date of annexation. Services will include patrolling, responses to calls, investigations and other routine police services. Police protection and services will be provided at the same level as provided to other comparable areal? within College Station. Fire Protection Fire protection through suppression and prevention will be provided immediately following the effective date of the annexation. Protection through reactive services will be provided through response to calls. Protection through proactive services will be provided through fire code enforcement and inspection activities. Construction and development activities undertaken after the effective date of annexation shall comply with all building and fire safety codes of the City of College Station. All structures shall be brought into compliance with the address standards of the College Station Code of Ordinances. Building Permits Required Construction activities underway prior to annexation may continue provided that all construction after annexation must comply with City codes and ordinances. Building permits must be obtained for construction underway. Permit fees shall be waived for construction underway prior to annexation. Solid Waste Collection Solid waste collection services, presently provided by a private service, will be provided exclusively by the City. In order to secure solid waste collection services, each property owner must establish a utility account with the City of College Station. Services will be provided within 10 days after establishing an account. Roads, Streets, including Street Lights Roads and streets in the area annexed will be maintained by the City of College Station and will be added to the City's maintenance activities immediately following annexation. Maintenance priorities shall be determined on a City-wide basis taking into consideration such factors as: street width, volume of traffic, street conditions, nature of maintenance needs, and public safety hazards. The improvement and enlargement of cul-de-sac turn arounds within existing right-of-way will be included in future maintenance activities as practical and where needed to facilitate the maneuvering of emergency ~d sanitation service vehicles. Current area street lighting will be maintained by the City of College Station as soon as the electrical distribution system for the annexed area has been acquired by the City of College Station from the City of Bryan. The sufficiency of the area's street lighting will be reviewed after the acquisition of Ordinance No. 1964 page 13 the system. Street lights will be installed and maintained in a manner consistent with standards established for other comparable portions of the City. Street signs shall be brought to College Station standards within 60 days of the annexation. Parks, Playgrounds, Swimming Pools. There are no existing parks, playgrounds or swimming pools within the area to be annexed. There are, however, a sufficient number of parks, playgrounds, and swimming pools located in the general vicinity to service the area to be annexed at a standard that meets or exceeds the current Parks and Recreation Department. standard for services in other comparable areas of College Station. Additional park development in the area will be addressed through the development standards and procedures of the City as additional residential development occurs. Such park development includes, but is not limited to, dedication of park land and/or money in lieu of land in accordance with the City of College Station subdivision regulations. Publicly Owned Buildings, Services or Facilities. There are no publicly owned buildings in the area to be annexed. Electrical services and facilities operated by the City of Bryan will be acquired by the City of College Station as provided by written agreement between the cities of Bryan and College Station. Water and Wastewater The area to be annexed currently receives water from a private corporation. The City of College Station shall take over water service upon annexation. During this transition period, the assumption of water services by the City of College Station shall be scheduled inasmuch as itis possible so as to prevent the disruption of water services to the annexed properties. In the event the City should make capital improvements for wastewater services in any annexed area the City reserveS the right to levy an impact fee to the properties annexed upon connection to wastewater facility improvements in accordance with Chapter 395 of the Texas Local Government Code. Any assessment levied in accordance with Chapter 395 does not preclude the payment of standard tap fees or other fees that are put into effect on a City-wide basis. ' Water and Wastewater Utility Policy The water and wastewater utility extension policy of the City of College Station, as evidenced through the ordinances and development practices of the City, is as follows: ) The cost of water and wastewater facilities necessary to serve existing lots or new development within a subdivision plat or land development shall be borne by the lot owner or developer of the plat or land; Ordinance No. 1964 page 14 , .. -) The cost of off-site extension of water and wastewater facilities to serve a lot, tract, plat or land development shall be bome by the owner or developer of the lot, tract plat or land. Where such extension is consistent with plans for the development of the City and its utility system the City may, by decision of the City Council, participate in the cost of construction so as to provide for additional capacity for the overall development of an area; The City may, from time to time, include the construction of water and wastewater facilities in its Capital Improvements Programs. Lines and facilities included in such programs shall be determined on a City-wide basis. Priorities shall be established by the elP plans of the City, growth trends and direction and the Council through its development plans and policies. _ _.Capital Improvements No capital improvements are necessary to provide "full municipal services" to the area. Improvements will be made to the existing water system as necessary to bring the operations and maintenance of the system to College Station standards. Such improvements may include the addition of fire hydrants, valves and other improvements which may be determined necessary during the installation of water system. improvements. These improvements will be made within the four and one- half year period prescribed bylaw. Locations of existing facilities to be acquired or maintained are reflected in Figures 2, 3 and 4. Validity and Amendment Upon approval by the City Council of the City of College Station this plan becomes a contractual obligation. This plan is valid for ten years from the date of its adoption. Renewal of the service plan is at the discretion of the City of College Station. This service plan may be amended or. revised in accordance with Local Government Code Sec. 43.056(h). No. 1964 page 15 4i. ;. ~) SSYdAII 1S'<I3 - 9).JAH 3lYlS ~ > rn ~ t?:j ~ > ~ t?:j ~ tt t?:j tj) t?:j. 2: tj @ I · U1 U1 l:1I ... 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