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0651523
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DEVELOPMENT AGREEMENT
This Agreement is entered into this the 12th day of March 1998, by and between
the City of College Station, a Texas Home-Rule Municipal Corporation (hereinafter
referred to as "CITY"), and Burton. Ray Hermann and Virginia Boriskie Hermann,
individually, and Burton Ray Hermann, Virginia Boriskie Hermann, Michael W.
Thiltgen, and Cheryl Thiltgen, as partners in the "Lydia Boriskie Partnership", owners of
Horse HavenEstates (hereinafter referred to as the "OWNERS"). "
WHEREAS, the Lydia Boriskie Partnership is the owner of the property more
particularly described as Lot 2 of Horse Haven Estates, as well as part owner of Lot 3b of
Horse Haven Estates, and Burt Ray Hermann and Virginia Boriskie Hermann,"
individually, are owners of Lot 3a of Horse Haven Estates, as well as, part owners of Lot
3b of Horse Haven Estates, as shownOh the Master Plan of Burt Hermann Tract, a copy
of which is attached hereto and incorporated thereof; and
WHEREAS, the OWNERS are proposing to divide and sell to separate ownership
Lot 2, a 25.07 acre parcel, (hereinafter referred to as the "PROPERTY"), as shown on the
Final Plat of Lot,2, Horse Haven Estates, a copy of which is attached hereto and
incorporatedthere6j; and,
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. WHEREAS, tile OWNERS and the Buyer of the PROPERTY are proposing that
it maintain its current A-O Zoning Classification and current use as a Golf Driving Range
and Practice Facility; and,
WHEREAS, the CITY's Thoroughfare Plan shows Appomattox Drive extending
southward into and through the PROPERTY and into Lots 3a and 3b of Horse Haven
Estates; and,
WHEREAS, the current use of the PROPERTY and of Lots 3a and 3b of the
Horse Haven Estates as shown on the Master Plan of Burt Hermann Tract does not
require the southward extension of Appomattox Drive; and,
WHEREAS, the CITY's Subdivision Regulations require right-of-way dedication
of all streets, alleys, parks, easements and public places as platted, as well as, either
construction of all stre~ts, alleys, sidewalks and utilities or the filing of a guarantee of
performance of such before final plat approval as follows:
8-0.8 Principal Streets on Master Plan
Where subdivision embraces a principal street as shown on the master plan of the
City, such street shall be platted to maintain continuity in the approximate
location as shown, and of the type indicated.
6-D.4.2.4 The following certificates, when applicable, shall appear on the face of
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the plat:
Certificate of Ownership and Dedication;
Certificate of Surveyor and/or engineer;
Certificate of City Engineer;
Approval of Commission; and
Certificate of the County Clerk.
6-D.5
Processing the Final Plat-Amending Plat or Minor Plat
6-D.5.4 After conditional approval of a plat, the subdivider shall
notify the City Engineer within ten (10) days as to the construction
procedure he proposes to follow. He shall follow one (1) of the following
procedures:
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6-D.5.4.1 The subdivider may proceed with construction of
streets, alleys, sidewalks, and utilities that he is requited to install,
in which case the. City will. inspect the work as it progresses, and
upon completion and final acceptance, and upon written request of
the subdivider, the fmal plat will be approved and filed for record
with the County Clerk. The subdivider shall pay therecording fee.
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6-D5.4.2 The subdivider may elect to file ~"guarantee of
performance" as provided in Section 7, in which case the guarantee
of perfonnance' shall be filed with the City Secretary~-together with
a requestthat the plat be filedfor record. In this case, the final plat
will be approved and filed with the County Clerk. ithe subdivider
shall . pay the record filing fee. The City ... wilL inspect the
construction work as it progresses and will.. !flake the final
inspection to assure compliance with City requirements.
WHEREAS, deferral of the right-of-way dedication and constf1.1.ction of the
southward extension of Appomattox Drive until the PROPERTY is either redeveloped or
rezoned or the use of the PROPERTY changed, varies from the requirements of the
CITY's Subdivision Regulations that require property for streets to be..dedicated and
construction complete, or a guarantee of performance filed, before a final plat may be
approved; and
WHEREAS, Section IB of the CITY's Codes and Ordinances authorizes City
Council to approve development agreements requesting deferral of specific requirements
of the Subdivision Regulations ordinance; and
WHEREAS, this Agreement between the CITY and the OWNERS addressing the
deferral. of right-of-way dedication and construction of the southward extension of
Appomattox Drive is required before the CITY can approve and file for record the Final
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0651523
WHEREAS, The City Council considered and approved this Agreement on March
12, 1998.
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Plat of Lot 2, Horse Haven Estates; and,
NOW, THEREFORE, for and in consideration of the recitations above and in
consideration of the promises and covenants herein expressed, the parties hereby agree 0
and covenant as follows:
V'~'h'" s ts h.::J -th" OW~~~
1. OWNERS agree that any re-development, rezoning"or change in use of the ~ Bif..-,
PROPERTY or ofLots 3a and 3b of Horse Haven Estates will be ,nbject to . ,/fC-I
review and approval of the CITY. In this event, any and all relevant plans
and/or proposals will be submitted to the CITY for consideration of the need for 7
the southward extension of Appomattox Drive.
2. The OWNERS agree that, if the CITY determines that the southward extension
of Appomattox Drive is necessary, the OWNERS and/or their successors-in-
interest, heirs or assigns shall be obligated to dedicate to the CITY the right-of-
way fQr the Appomattox. Drive extension as depicted on. the CITY's
Thorou~fare Plan. at no cost to the CITY.. This. dedication shall be by
replattirigJ)f the PROPERTY. OWNERS and/or their successors-in-interest,
heirs or assigns shall pay for such survey as is required.
3. The OWNERS agree that, if the CITY determines that the southward extension
of Appomattox Drive is necessary, the OWNERS and/or their successors-in-
interest, heirs or assigns shall be obligated to construct, at their. own expense,
the Appomattox Drive extension according to then existing. CITY codes and
ordinances.
4. All notices and documents required herein shall be sent and provided to the
parties at the addresses and telephone numbers listed below:
Burton Ray Hermann
2401 East Bypass
College Station, TX 77845
(409) 696-0795
City of College Station
City Planner
P.o. Box 9960
College Station, Texas 77842
(409) 764-3570
All notices and documents shall be deemed received when mailed with
sufficient postage and deposited in a regular mailbox of the United States Post
Office. The parties may change addresses upon thirty (30) days' written notice
sent certified mail, return receipt requested.
5. This Agreement shall be filed of record in the Official Records of the Brazos
County Clerk, Brazos County, Texas.
0651523
6. Indemnification. The OWNERS agree to and shall indemnify, hold
harmless and defend CITY, its officers, agents and employees, from and
against any and all claims), losses, damages, causes of action, suits and
liability of every kind, including all expenses of litigation, court costs, and
attorney's fees, for injury to or death of any person, or for damage to any
property arising out of or in connection with this Agreement. Such
indemnity shall apply where the claims, losses, damages, cause's of action,
suits, or liability arise in whole orin part from the negligence of the CITY.
7. Release. The OWNERS, their successors-in-interest, heirs and assigns,
hereby release, relinquish and discharge the CITY, its agents, officers, and
employees, from all claims, demands, and causes of action of every kind
and clIaracter, including the cost of defense thereof, for any loss of or
damage to property (whether property. of either the parties hereto, their
employees, or of third parties) that is caused by or alleged to be caused by,
arising .out of, or in connection with this Agreement. This release ishall
apply regardless of whether said claims, demands, and Causes of action are
covered ip. whole or in part by insurance and regardless of whether s~ch
loss, or ~mage was caused in whole or in part by the negligence of the
CITY. c%
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8. This Agreement has been made under and shall be governed by the laws of the
State of Texas. Venue shall lie in a court of competent jurisdiction in Brazos
County, Texas.
9. If it is determined that the CITY had no authority to enter into this Agreement,
then the OWNERS agree that they shall meet all conditions required by the
CITY's Subdivision Regulations and the Thorollghfare Plan or the CITY will
not approve the Final Plat of Lot 2, Horse Haven Estates, arid thus the
OWNERS cannot sell the PROPERTY. If this occurs each party shall be
considered to be returned to the position they wete in before this Agreement.
10. In the event of litigation,. the OWNERS agree to pay and shall pay for all of the
attorney's fees, court costs and other litigation costs of CITY.
11. OWNERS warrant that they are the only record owners of the PROPERTY and
Lots 3a or 3b of Horse Haven Estates.
12. The parties agree that they have read the terms of this Agreement and
familiarized themselves with the requirements hereunder and agree that they
understand theirs rights and responsibilities hereunder.
13. It is understood and agreed that this Agreement shall be binding upon and shall
inure to the benefit of the parties and their respective heirs, lessees,
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representatives, successors, and assigns.
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14. It is understood that this Agreement contains the entire agreement between the
parties and supersedes and all prior agreements, arrangements, or
understandings between the parties relating to the subject matter. No oral
understandings, statements, promises or inducements contrary to the terms of
this Agreements exist. This Agreement cannot be changed or terminated unless
in writing or agreed by both parties. A
CITY OF COLLEGE STATION
BY: c}..1I? ~
. L on McIllianey, Mayo .-
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Executed this the /~ th day of March, 1998.
OWNER
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By:
Virg. a Boriskie Hermann,
General Partner
By:
Burton Ray Hermann, Partner
By:
fJ.d\tJ,WTj ;~
Michael W. Thiltgen, Partn-- -
By:
/1,.; . J
.V~
dTEST: 'U
:(}mu.e..
Connie Hooks, City Secretary
APP~
0651523
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Ch les Cryan, Acti irector
of FiscallHuman Resouices
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STATE OF TEXAS
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ACKNOWLEDGMENT
COUNTY OF BRAZOS
8 Jefll me, the undersigned authority, 0.., n this day personally appeared
d (.e;e:.f)ta/J/l.-/ , as OWNER of Horse Haven Estates and Lots 3a
and 3b of the Master Plan of Burt Hermann, 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 p~~.s.. ....e... ~onsid. eration therein expressed. Gi~e under my hand and seal
of office on thiS tli,~ . . day of March, 1998. . -. " . ;ff~.
e..~'" ... KAnl~R1tlE IU;A~ tary P~blicin and for CJ
..~. ........NO.tarypu.blie. StateofTex~s. The State of Texas
. .~~ My CQmml9slon ExpifQ$
, JULY 10, 2000 .
COUNTY OF BRAZOS
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ACKNOWLEDGMENT
STATE OF TEXAS
Before me, the undersigned authority, on this day personally appeared Mayor
Lynn McIlhaney, as Mayor of the City of College Station, a Texas Municipal
Corporation, 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 therein expressed. ~
Given under my hand and seal of office on this the \ 3 1 day of March, 1998.
,c,..~~~.r.;;;'~
roo YVONNE S. CASARES
{I Notal)' Public, ~tate of !exas
~, Mv commissIOn Expires
'~ . AUGUST 5,1998
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PROJECT~
LOCATION
WINDWOOD
PHASE THREE
VOLUME 527. PAGE 585
4
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BROOKWAY
5
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CER~i~'::ATE or THE CDUNn- CLERto:
~1/2" Iron Roc:
CITY OF COLLEGE STATION
(Called 9.74 Acres
Volume 368. Page 336)
2C' P..JD::C L,; ;ty Easerr.e:',
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32.19 ,l;CRES
i otc' of 79.07 f.:..c....es
......o,-se 'Ie'/en Es:ctes
Lonec ::"'C
GENERA' NnTr"
LOT 2 IS t~O-; W:THIN THE LIMITS OF TI-iE 10Q-Y[ARFLQOD HAZARD
AREI. AS ESTIl,8:'-iSrlED BY THE FE~EAL' EMERGENCY MAt.iAGEMENT AGENCY
MAP NUMBERS 4800B.3-144C AN.) 4800B3-163C [FrECWE DATE ,'JL;L~ 2. 1992
6" GAS P,-O""-lIN[ LOCATED IN KG,v. ALONG E. BYPASS CALc.OIG-TES5 (,344-8377)
PRiOr;: TC CONSTR'JCTlON
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'. 11000')" A"" Woro, CO"n1, eler",. .0; end to' ~o;d County. do "ereo)
cer1;!) tt-.ct tll.s plOl logetne-. ..::". its certificates of o'uthen\;cct"C>'
...as fileo for retorc ,,., ,m}' :::!t::;~ tnt' -'-_______-,--:--'-_ OOy o'
_____________. 19__. II' tl"le Deed /CffTc1ol,Recoros c'
Brozos County. ie_as. ir. VOlume_______ Page________
C;;;ntYCle~;-------~-
Brazos Count}', ie_os
0651523
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S':.TE OF "':"[KA'S
COu"''7V 0"" BRAZOS
..VICINITY MAP
n.t.s.
FIELD NOTES
NOTL r~.07 ~ TRACT fNCUJDES ONE 24.78 ACRE TRACT AND ONE O.2Q ACRE 11W:T DESCRlBEO BELOW
i
t1)g M:Rr 1RACT
;
ee'MQ ~ or tnot ~n truct of~ oftCl"d I;t'inc; 0f'Id Mi"9 IIiWoted in the Ir.tQRGAN RECTOR lEAGUE, .-46,
~"1:;:~ercu~~o.in~ ~ngd=:n~ ~~.:eM~~~<<toaUll'~;'iu=R:~
tIrrn'Ionn et UIt.'NeOI"ded'in Votume 2065. ,JlO9t',289. Official Reeords.'&ClZOS,~.:texa., end being more
porticu40rIy GeKribedas 'fOUOWS:
COtoWBIlCINC:at 0- 1/7: iro1l tOd found at the mostaoutherlr common of thit, trod and that 29.03 aere trnct
oescribe<1 C$ "SA'w'ENlO EXCEPT TfCCt. ff' fn c deed dated April E. li9<t from Michoel Thiftgen et UIl to Burton
Roy tiermcmn ,ft UIl, VOlume 2085,poge '289;
THENCE: S4T46"SO E'~ 681.79 feet, cIoncJ the common h between acid 108.29 ocre traet to 0 l/T iron
rod f01lf1d for, 0 common comer of Mild tn:Icts;
THENCE:-S Jfr32'5TW - 221_9. feet-continuing ,crlon9 soia common 6ine to the PLACE OF BEGINNING:
THENCE: 525"13'36"' w -325_68 feet across acid '08.29 0Cn! trod. ond comer in sold common ilne;
THENCE: N 23'05"08" W _ 7._10 f_t end N 3652'''5"' E - 273.97 feet aiol14jl ,acid common line to the
=~d-:nc:~~'ton~i~~~.'G:~ ~=~lc=n~~ ~.: ~
'-5: 1GGS. .
,.. 71'. ACRf TRACT
ae'!'l9 011 of thlrt c:ertOin trod. or parcel of kmd 'Y'''9 ~ being Muated in the MORGAN RECTOR LEAGUE.:, "-46,
Cc.i1ege Stctiorl. Brazos Count)", lexosond being port of that 29.03 0Cf'e troct described CIS -SAVE AND EXCEPT
~~~r 2~5~ == ~e~e.Cl~~~\~~~":az~~~~V:;o:.t ~ ~~c~ :.~~~:
OCGlNNlNG: ct 0 1fT'iron roclfound at the intersection 01 the southeOSt -n;nt-ol-woy line of Switctl Stction Road
(1l prM,te City of College Stotionrood) o!'lCl the nortf'aecst right-of-way lil'le of' Stote Hwy. 69ypass;
: :;;,~SE~ N:l05~~ E - 1247.05 feet OIong; scid S.itc~Stotion Rood line to 0 1/T iron roc! aet tor the north
iHENCE:S 5cr26'lSE'.- ,675,00 feet into s~.id Hermonn troct to 01/7 iron rod Rt for the east comet" of this tn:Ic:t;
THENCE: S 25"13'36"' W - 77.91 feet ceross soid l-IeoTnCM troct and comer in tne northwest line of thot 106.29
cere trect (oeiJcribed os 163.5 oc:res.SAVE AND EXCEPT three troets) (Volume 2085. poqe 289);
THENCE: S 36"52..5" IN - 273.97 feet olong,the comrlOn line between said 163.5 ocre tract ond ~id 29.0.3
cere tract Of\d corner;
"THENCE: 23'05"08" E: - 74_ 1 0 feet continuing olDn9 soid common l;ne Clnd comer;
THENct:S 25'13'36"" W _ 237.'" feet continuing across said ~rmonn troct to a liT ;"01'1 rod Rt ot the
bf'ginningof 0, curve to the right;
T!-<ENCL 162.41 feet orouno soid curve to the rig"'t .itn 0 centrol ongle of 16"28'12" Rt.. a radius of 565.00 feet
ona whose C'1\Ot"C Del:Ir$ S .33'21'41-'" - 161.85 fee~ to, 0 1/7 irOf" rnd .et at the end of soKl curve;
THENCE: S 4~'41'46'" W - 96.28 feetta a 1/7 irO!' roel set otthe beginning of 0 curve to the right;
THENCE: .331.71 teet oround said curve te the right wit" a centroi ongle of 33'4-4'24- Rt., Q rodiU$ of 565.00 feet
and: M'Iosectlorcl Dears S 56'33'56" w - 327.9.3 f~ to a 1/7 iron rod set ot the end of 5Qid curve;
T~ENGE:' S 7S"26'QS" W - 111.46 feet to 0 , /7 iron rod $t't ct tT>e beginning of c CI.lrYe to the left;
"..,ENC[: 194.91 feet around soiel C:ur...e to the left .itn a centrol o"9le of 17'35"7 LL. 0 radius of 635.00 feel
urd .mose c:norcl beors S 60.1'39" W - 194.15 fee~ to 0 1/t' iron rod Rt for the end of said curve:
Tl-iENCE:'S,57'57'1rf 'It - 7_17 feet to, a 1/7 iran rod set tet the south comer of this tract;, some being in
sold Stote' "'.y. 6 Bypass line;
TH~NC':_ N 32'"02'scr w.- 67..00 feet olong $oid StQte ""...y_ 6 8y;>oss line to the Pl..ACE OF BEGINNING;
0,,01 C(ll'ltail'linq 24.78 OCrel; ot land, more or 181515. occo~ing to 0 .urvey mode on the9round under ttte au~
c~ DoOtoICl O. Corrett. R..;istere4 ProtessionclLond Sun.eyor, No. 2972 on Jonuol} 15, 199B.
FINAL PLAT
OF
LOT 2
25.07 ACRES
HORSE HAVEN ESTATES
MORGAN RECTOR LEAGUE ABSTRACT NO. 46
COLLEGE STATION, BRAZOS COUNTY, TEXAS
SCALE: 1" = 100'
OWNER/DEVELOPER:
Burt Hermann
2401 East Bypass 6
College Station. Texas 77845
(409) 696-0795
~
)GAfIlETTENQfIEERtlG
, Conllu1tinc EqineerinC &-Land Sur1'eyinc
44<< Carti!r Creek Parkwa, SWle 108
'~ Bryan. Te:l:a. 77802
~ Phone: .Og I fU.8 - 2688
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0651523
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/'fV- Scale: ," = 200'
Basis of Bearings: Tracts of land rotated to deed
. . calls of 29.03 acre tract of land described in
Volume 2085. Page 289 of the Official Records
of Brazos County. Texas (ORBCT).
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OWNERS OF TR,L\CTS 2 AND 3:
Burton Ray Hermann. et ux_.Virginia 80riskie
"'ermorn & \-lichoel W. Thiltgen
-'jolume, 141, Page .311
PrODote Minutes of QRBCT
Volume 988, Poge 45
Burton Ray Hermann, ~t ;..iX., Virginia t30riskie Herro:cnn
':011 d 108.29 Acre Tract (1635 'ess 14.27, 29.03 & 11,91 ~cres)
./olume 2085, Poge 289
Parent & Reference Tracts
Volume 141, Pace 311 - Probate Minutes of OR8CT
'/rJ!ume 48. ~oge 296
.,olume 47, :::Qqe 499
',olume .cD. ::::o'ge 359
Jo:ume 152. Page 608
VICINITY MAP
NTS
.IIl:IUIIll.<.
UNE BEARING DISTANCE
11 S 61'oa'42" E 69.70
L.2 N 49"04'25'" E 252.50
L3 S 4"35'08" ,E 111.90
L4 S 84-35.2....-EI49.<40
L5 S 0016'08" E421.60
l6 S 21'29'45" W,105.20
l7 5 l!l'OS'ZQ" E 194.30
LB 5 lS5Z'lsr W 188.40
L9 S 67':51,'45' E 427.70
110S 7743;58"E nuX)
UN( ElEARlNG DISTANCE
111 5 J709'5(]'" 'It 259.50
L12 5 09'30'46" E. 9~,70
L1J 5 J2"49...... E 117.40
L14 S 4716'14" W 229.00
U5 5 21"19'JO" E 308.02
L18 N 56J1'27" W 109.10
L17 N.20'03'5i'" E .125.01
L1B. N 63'.32'.3"'" W 82.7.0
L19. 54729'1"'" W 162.70
l20 N ~1"12'5Z' 'It 131.1-8
UNE BEARING OlSTN<<:E
l21 S 6.Y~'3J" 'It 173.80
L22 S '9"~'2'" 'It l00.~
l23 S 74'41'25"E 100.00
;.24 S 29"J5'J(r E 55.30
L25 5 75'5J'~ W 168.60
~ N 60'38'41. W 115.60
l..27 5 7CT28'!l1" W 115.20
!...Z8 H OT~'31" W 112.40
l29 SB71i'J8" W 498.!1
LJO 5 6.Y~'3J" 'II l02.9i
LJ1 5 8719'J8" W 48.09
~&.J:iQIES.;
~ ) 20'. Blcll1Ket easement to tMe City ':If 8ryon. tor electric and telepnon. purpo~
recorded in VOlume 1'" 1, Page 4"'8 of the .Bro.zos Co...."ty. Oeed RecOf"dll.
z.) 20' Bl<:lMk'II~eosem.nt to the. Ctyof 9ryo., for elec!rie and telepl'lone purposes
'ecoroed m. Volume 304. Poge 237 .of the Bn:::zos C.':lUI'1ty Deed Records
3.) BlanKet pipeline eOllerrnlnt to tiu",oie Pioel;.,. Co. .nI'CQO"ded ,n VOl. 49, Pog.. 3..3.
'JOt. 513, Pog. 156 &: Vol. 85.(. Cage 599. of the 9n:u:oe. Couot'f Deed Record..
4) BlanKet eoserrnlnt to the City of. Bryon fOf electric ~11 r~ in Vol. 98,
;<oqe 217 6f the Brazos- COlJnty i)eltd Record!!.
s.} 3~~~~~~~iP;~HnV~t~~206~~top~;~~iO~rlJ;~Orfi~~'K~rdS C;:t~o.S"C~~r;;'ty. Texas,
"i,) !'lood Ploin information ond !imit!l st'lo..n ore token f'"OtTl FE"'" POI"el lo,4op
"<t... 480083..., 1 44<: . &: 480083-'- 1 63C.
7.} ~cto( Proposed R_O.W ACr&Oqe' is 5 acres.
Master Plan
of
Burt Hermann Tract
118.41 Acres
Morgan Rector league . Abstract 46
College Station, Brazos County, Texas
Scale: 1" = 200' January, 1998
-..........
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~.~ GAffETT ENGtEEANG "\
Co::~ti~~~~::~.r~~~:"7~"" I
~ Br.1aa, rex.. 7780Z I
Pbon.: 40 /844 - 26M
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HIHlRABlE AARY fWN iiiiRJ), LOOm' D..tl/K
BRAZOS COOOY,
lVla t'
Oocu.ent
Ttllt~unt
~~"';;;"~'--'~_~leceipt Nu,bElr -
2 r-1;Ju . ~ . By,
.J~J ; - ~ar'en McQueen
ATE IF TEXAS aum IF
I hereby certify that this instruleDt was
filed on the date an~ tile staaped hereon by Ie
ar.o was dul y recordeo In the value ano page
of the naled records of:
BRAZOS CfOOY,
as stillped hereon by Ie.
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Nu.ber:
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tr Record in:
WMTY,
Mar 23,1998 at @4: liP
tis a
RecordinQs
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8651523
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Filed for Record in:
BRRIOS COUNTY,
[}jj: l!filt' 24, 1998 il t Ij}?: 59fi
UTILITY EASEMENT
a
DATE:
GRANTORS:
n1n'IL~ ~~, tqC(S
MICHAEL WAYNE THILTGEN, Individually and Is'TrlBtUMfd~ntl~r!55k~
Executor of the Estate of Lydia. Frances Boriskie, deeea.ud;JGlmRYL
THILTGEN, Iridividually; VIRGINIA BORISKIE HERMANN,
Individually; and BURTON RAY HERMANN, Individually
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GRANTORS' MAILING ADDRESS:
2401 East Bypass
Brazos . County
College Station, Texas 77845
GRANTEE:
CITY OF COLLEGE STATION, TEXAS
GRANTEE'S MAILING ADDRESS:
1101 Texas Avenue
Brazos County
College Station, Texas 77842
Ten Dollars ($10.00) and other
good and valuable consideration.
CONSIDERATION:
PROPERTY:
EASEMENT ONE:
BEING a 20' public utility easement lying and being situated in the MORGAN
RECTOR LEAGUE, A-46, College Station, Brazos County, Texas, and being a
part of that 108.29 acre tract (described as 163.50 acres SAVE AND EXCEPT
three tracts) described in a deed dated April 6, 1994, from Michael Thiltgen, et ux,
to Burton Ray Hennann, et ux, recorded in Volume 2085, Page 289, Official
Records of Brazos County, Texas, and being described and being a part of that
29.03 acre tract and also described as a part of that 11.91 acre tract "Save and
Except Tract B & A," in a deed dated April 6, 1994, from Michael Thiltgen, et ux
to Burton Ray Hennann, et ux, recorded in Volume 2085, Page 289, Official
Records of Brazos County, Texas.
EASEMENT.TWO:
BEING a 20' wide electrical easement lying and being situated in the MORGAN
RECTOR LEAGUE, A-46, College Station, Brazos County, Texas, and being a
part of 29.03 acre tract described as "Save and Except Tract B" in a deed dated
April 6, 1994, from Michael Thiltgen et ux to Burton Ray Hennann et ux,
recorded in Volume 2085, Page 289, Official Records, Brazos County, Texas, and
also being a part of that 108.29 acre tract (described as 163.5 acres, SAVE AND
EXCEPT three tracts) described in a deed dated April 6, 1994, from Michael
Thiltgen et ux to Button Ray Hennann et Ux, recorded in Volume 2085, page 289,
Official Records of Brazos County, Texas.
This conveyance shall grant the rights herein specified only as to those portions of the above-
described Property more particularly described on the attached Exhibits "A" and "B", known as
the "easement areas," and any additional area outside the easement areas. necessary to install and
attach equipment, guy wires, and anchors necessary and incident to the uses of the easement areas
to erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct,
modify and remove the following:
Electric transmission and distribution lines;
Water lines and sanitary sewer lines, connecting lines,
access facilities, and related equipment;
Stonn sewers and collection facilities;
Television, telephone, and communications lines;
Drainage ditches, drainage pipes and all other drainage
structures, surface and subsurface;
upon, over, and across the said Property as described and any ways, streets, roads, or alleys
abutting same; and to cut, trim, and control the growth of trees and other vegetation on and in the
easement area or on adjoining property of Grantors, which might interfere with or threaten the
operation and maintenance of any public utility equipment, accessories, or operations. It being
understood and agreed that any and all equipment and facilities placed upon said property shall
remain the property of Grantee.
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Grantors expressly subordinate all rights of surface use incident to the mineral estate to the above
described uses of said surface by Grantee, and agree to lender's subordinations on behalf of
Grantee. Grantors will provide Grantee with the names and addresses of all lenders.
RESERVATIONS AND RESTRICTIONS: None
TO HA VB AND TO HOLD, the rights and interests herein described unto the CITY OF
COLLEGE STATION, TEXAS, and its successors and assigns, forever, and Grantors do hereby
bind themselves, their heirs, executors, administrators, successors and assigns, to warrant and
forever defend, all and singular, these rights and interests unto the CITY OF COLLEGE
STATION, TEXAS, and its successors and assigns, against every person whomsoever lawfully
claiming, or to claim same, or any part thereof.
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VIRG BORIS HERMANN,. Individually
~~
BURTON RAY ~, Individually
STATE OF / ExAS *
* ACKNOWLEDGMENT
COUNTY OF Fr+l{ETTr' *
This instrument was acknowledged before me on this ~ day of /ncacJ / , 1998, by
MICHAEL WAYNE TIllL TGEN, Individually and as Independent Executor of the Estate of
Lydia Frances Boriskie, Deceased.
...
~m~d~
State of Texas
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STATE OF Ie IA-s, *
* ACKNOWLEDGMENT
COUNTY OF "FnL( E. 11 E. *
This instrument was acknowledged before me on this ~ day of ~ C-U
CHERYL THILTGEN.. -
, 1998, by
Q~. J &~cpJ
Notary Public ~ and for the v
State of Texas
. --"-1
DOROTHY S. BERGEH):
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STATE OF TEXAS '"
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COUNTY OF BRAZOS '" ACKNOWLEDGMENT
~~~~&'r~~~ Wore me on this2?E day of fV'lOrrlr\ . 1998. by
(JQbv. A thOiWL'W.-
Notary Public in and for the
State of Texas
-..... -.. . ~ ... .-.. -
I ,""J"'" DEBRA S. CliARANZA
. (iii~) MY G~:i~~jN:RES
____'r....__~I.;>_~~___~r.
STATE OF TEXAS '"
'"
COUNTY OF BRAZOS '" ACKNOWLEDGMENT
~~~~~~edged before me on ~daY of f"lOfch
. 1998, by
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DEBRA S. CHr'\RANZA
MY COMMISSION EXPIRES
June 5. 1998
~j.~
Notary Public in and for the .
State of Texas
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Field Notes
20' Public Utility Easement
BEING a 20' public utility easement lying and being situated in the MORGAN RECTOR
LEAGUE, A - 46, College Station, ~razos County, Texas, and being a part of that 108.29 acre
tract (described as 163.50 acres SA VB AND EXCEPT three tracts) described in a deed dated
April 6, 1994 from Michael Thiltgen, et-ux, to Burton Ray Hennann, et-ux, recorded in Volume
2085, Page 289, Official Records of Brazos County, Texas and being described and being a part of
that 29.03 acre tract and also described as a part of that 11.91 acre tract "Save and Except Tract
B & A," in a deed dated April 6, 1994 from Michael Thiltgen, et~uxto Burton Ray Hennann, et-
ux, recorded in Volume 2085, Page 289, Official Records of Brazos County, Texas and being
described as follows:
BEGINNING; at a 1/2" iron rod found at the northeast comer of said 29.03 acre tract, same being
at the intersection of the northeast right-of~way line of State Hwy 6 (East Bypass) and the
southeast right-of-way line of Switch Station Road;
THENCE: N 42005' 34" E - 20.79 feet along said Switch Station Road line and comer;
THENCE: S 320 02' 50" E - 679.67 feet, S 320 06' 14" E - 220.30 feet and S 320 03' 40" E -
186.67 across said 11.91 acre tract and said 29.03 acre tract, 20 feet from and parallel to said
State Hwy 6 line and comer; same being in the north line of the Davis McGill 14.27 .acre tract
(597/226);
THENCE: S 870 19' 38" W - 22.95 feet along the common line between 11.91 acre tract and said
McGill tract to a 1/2" iron rod found at the most westerly common comer of said tracts; same
being in said State Hwy 6 line;
THENCE: N 320 03' 40" W -175.40 feet, N 320 06' 14" W - 220.30 feet, and N 320 02' 50" W -
674.00 feet along said State Hwy 6 line to the PLACE OF BEGINNING; according to a survey
made on the ground under the supervision of Donald D, Garrett, Registered Professional Land
Surveyor, No. 2972 on January 15, 1998.
'"
.
EXHIBIT A
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Field Notes
20' Electrical Easement
Being a 20.00 wide Electrioal easement lying and being situated in the MORGAN RECTOR
LEAGUE. A-46. College Station. Brazos County. Texas and being a part of 29.03 acre tract
described as "Save and Except Tract B"in a deed dated April 6. 1994 from Michael Thiltgen et ux
to Burton Ray Hennannet Ux. recorded in Volume 208S. Page 289. Official Records. Brazos
County.. Texas and also being a part of that 108.29 acre tract (desoribed as 163.5 aores. SAVE
AN 0 EXCEPT three tracts) described in a deed dated April 6. 1994 from Michael Thiltgen et ux
to BUrtoll Ray Hennarm et ux, recorded in Volume 2085, Page 289 Official Records Brazos
County, Texas and being described as follows:
BEGINNING; at the most northerJycomer oftha existing 20.00 foot wide City ofColJege station
electrical easement (1164/93);
THENCE: N 420 58'40" E ~ 794.22 feet and N 360 24' 05" E - 250.15 feet and corner;
THENCE; S 530 35' 55" E - 20.00 feet and comer;
THENCE: S 36024' 05" W - 241.39 feet and comer;
THENCE: S 49044' 18'! E - 222.49 feet and S 79059' 04" E - 407.80 feet alld comer;
TI:lE1--1CE: S 10000' 56" W - 20.00 feet and comer;
THENCE: N 79059' 04" W - 413.20 feet and N 49044' 18't W - 227.71 feet and comer;
THENCE: S 420 58' 40" W - 785.72 feet and comer in said existing 20.00 feet utility easement;
THENCE: N 45036' 53" W - 20.01 feet along said existing 20.00 feet: utility easement to the
PLACE OF BEGINNING; and containing 0.33 acres of land; more or less. according to a survey
made on the ground under the supervision of Donald D. Garrett, Registered Professional Land
Surveyor, No. 2972 on February 23,1998.
-:-.
EXHIBIT B