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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
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EXHIBIT "B"
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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
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200'
NOTIFICA TlON
AREA
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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
)
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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
,
..
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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
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