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HomeMy WebLinkAboutMetes/BoundsMETES AND BOUNDS UESCRII'"PION OI~ n 162.5172 nCRL' "I'RAC"T OF LAND OUI' OF THE ROBERT S'TEVENSON SURVEY, n-s4 BRAZOS COUNTY, "1'I:XAS All that tract or parcel of land lying and being situated in Brazos County, "Texas, and being situated in the Robert Stevenson Survey, A-54, and being a part of the same tract of land described in a deed to Timothy .I. Crowley, as recorded in Volume 1415, Page 74, of the 13razos County Official Records, and now more particularly described as Ibllows: IEGINNING at a 5/8" iron rod set For the southernmost corner of a Wallace Phillips 153.5049 tract, also being the easternmost coruer of the Pauline Grant Diebel tract, as recorded in Volume 1934,1'age 157, of the Brazos County Official Records, also being in the northwest right-of--way line of Greens Prairie Road; 'TFIENCE North 48°05'00" West, a distance of 3487.24 Teet along the comnxm line between said Wallace Phillips tract and the said lliebel tract to a 1/2" iron rod found at the westernmost corner of this tract, also being the southernmost corner of a ] 58 acre tract owned by Beverly J. Furrer, Patricia J. Vogel, and "Thomas L. Brown, as recorded in Volume 854, Page 57, of the B.C.O.R.; THENCE North 42°38' 11" East, a distance of 879.83 feet along the said Furrer tract to a fencepost found for corner; THENCE North 42°36'00" East, a distance of 714.22 feet along the said turret tract to a fencepost found for corner; THENCE North 42°59'31" East, a distance of 667.98 feet along the said Furrer tract, and then along the common line between this tract and the Gary Seaback tract, as recorded in Volume 2957, Page 186, of the B.C.O.R. to a fencepost fouud for corner; THENCE North 42°46'28" East, a distance of 185.71 feet along the said Seaback tract to a highway monutnent found for the northwest corner of this tract, being in the south right-of- way line of the proposed State highway Number 40; THENCE severing the said Wallace Phillips tract, and rtlong the said highway right-of--way North 85°28'58" East, a distance of 995.53 feet to a highway monutnent found for the PLACE OF BEGINNING; T}IENCE North 85°28'58" East, a distance of 491.88 feet to a point for corner; THENCE North 85°45'51" East, a distance of 524.93 feet to a point for corner; THENCE North 86°50' 18" East, a distance of 525.03 feet to a point for corner; 'THENCE North 85°45'51" East, a distance of 1078.81 feet to a point for corner; THENCE around a curve to the right having a delta angle of 81°11' 19", an arc distance of 56.68 feet, a radius of 40.00 feet, and a chord of South 44°49'47" East, a distance of 52.06 feet to a point for corner; THENCE South 04° 14'08" East, a distance of 210.00 feel to a point for corner; T1IENCE South OS°57'05" East, a distance of 482.69 feet to a point for corner; THENCE around a curve to the right having a delta angle of 42°13'03", an arc distance of 895.25 feet, a radius of 1215.001'eet, and a chord of South 16°56'29" West, a distance of 875.14 feet to a point for corner; THENCE South 41°00'23" West, a distance of 282.73 feet to a point for corner; TIIENCE South 41°04'37" West, a distance of 145.80 feet to a barb-wire fence for corner; TIIENCE South 40°44'40" West, a distance of 91.85 feet to a fencepost found for corner, TIIGNCE South 42°54' 17" West, a distance of 1020.52 feet to a fencpost found for corner; TIIENCE South 43°15'51" West, a distance of 45.90 feet to a fencepost found for corner; TIIENCE South 43°46'32" West, a distance of 183.17 feet to a fencpost found for corner; THENCE South 40°26'40" West, a distance of 243.77 feet to a fencepost found for corner; THENCE South 41°02'57" West, a distance of 128.03 feet to a poi~it for corner; TIIENCE North 48°00'07" West, a distance of 854.71 feet to a point for corner; THENCE North 40°45'44" West, a distance of 181.10 feet to a point for corner; THENCE around a curve to the left having a delta angle of 14°10'48", an arc distance of 206.65 feet, a radius of 835.00 feet, acid a chord of Nortlr 42°08'52" East, a distance of 206.13 feet to a point for corner; TIIENCE North 35°03'28" East, a distance of 430.50 feet to a point for corner; THENCE around a curve to the right having a delta angle of 09°21' 10", an arc distance of 81.62 feet, a radius of 500.00 feet, and a chord of North 39°44'03" East, a distance of 81.53 feet to a point for corner; TIIGNCE North 44°24'37" East, a distance of 134.73 feet to a point for corner; THENCE North 45°35'23" West, a distance of 70.00 feet to a point far corner; THENCE South 44°24'37" West, a distance of 134.73 feet to a point for corner, THENCE around a curve to the left having a delta angle of 09°21' 1 U", an arc distance of 93.04 feet, a radius of 570.00 feet, and a chord of South 39°44'03" West, a distance of 92.94 feet to a point for corner; THENCE South 35°03'28" West, a distance of 430.50 feet to a point for corner; 'T'HENCE around a curve to the right having a delta angle of 71 °4S 12", an arc distance of 955.68 feet, a radius of 763.12 feet, and a chord of South 70°49'57" Wcst, a distance of 894.44 feet to a point for corner; TIIENCE North 73°17'27" West, a distance of 2.72 feet to a point for corner; TIIENCE North 28°43'37" East, a distance of 38.66 feet lv a point for corner; TIIGNCE North 29°13'59" West, a distance of 43.98 feet to a point for corner; TIIGNCE North 13°24'57" West, a distance of 80.17 feet to a point for corner; TIIENCE North 07°31' 14" East, a distance of 47.75 feet to a point for corner; THENCE Norih 00°16'25" East, a distance of 56.67 feet to a point for corner, TIIENCE North 10°08'56" East, a distance of 76.18 feet to a point for corner; TIIENCE North 22°53'29" East, a distance of 73.64 feet to a point for corner, THENCE North 46°18'46" West, a distance of 13 L92 tees to a point for corner; THENCE North 38°35'23" West, a distance of 58.08 feet to a point for corner; THENCE North 12°11'34" West, a distance of 29.06 feet to a point for corner; THENCE North 06°03'01" East, a distance of 50.94 feet to a point for corner; THENCE North 16°06' 13" West, a distance of 35.95 feet to a point for corner; THENCE North 26°18' 12" West, a distance of 79.63 feet to a point for corner; TIiENCE North 04°38'07" East, a distance of 65.71 feet to a point for corner; THENCE North 09°46'41" East, a distance of 60.88 feet to a point for corner; THENCE North 30° 13'04" East, a distance of 37.41 feet to a point for corner; THENCE North OS°22' 18" East, a distance of 45.48 feet to a point for corner; THENCE North 02°07' 11" West, a distance of 62.22 feet to a point for corner; THENCE North 07°07' 14" West, a distance of 61.88 feet to a point for corner; THENCE North 18°41'57" East, a distance of 56.81 feet to a point for corner; THENCE North 23°55'58" East, a distance of 63.60 feet to a point for corner; THENCE North 41°38'51" East, a distance of 43.64 feet to a point for corner; THENCE North 85°53'40" East, a distance of 70.88 feet to a point for corner; THENCE North 55°10'28" East, a distance of 37.18 feet to a point for corner; THENCE North 25°08'02" East, a distance of 65.64 feet to a point for corner; THENCE North 08°13'45" East, a distance of 83.85 feet to a point for corner; THENCE North 29°08' 12" East, a distance of 33.01 feet to a point for corner; THENCE North 56°06'38" East, a distance of 81.23 feet to a point for corner; THENCE North 39° 12'40" East, a distance of 156.35 feet to a point for corner; THENCE North 26°31'33" East, a distance of 65.49 feet to a point for corner; THENCE North O1°22'35" West, a distance of 69.52 feet to a point for corner; THENCE North 04°18'58" West, a distance of 26.58 feet to a point for corner; THENCE North 60°22'03" West, a distance of 40.45 feet to a point for corner; THENCE North 16°25'37" West, a distance of 46.57 feet to a point for corner; TIiENCE North 30°43'04" East, a distance of 19.58 feet to a point for corner; THENCE North 78°51'06" East, a distance of 68.12 feet to a point for corner; THENCE South 70°15' 12" East, a distance of 52.77 feet to a point for corner; THENCE North 43°31'51" East, a distance of 55.71 feet to a point for cor-ier; THENCE North 16°29'35" West, a distance of 96.41 feet to a point for corner; THENCE North 47°40'22" East, a distance of 50.49 feet to a point for corner; THENCE North 46°32'53" East, a distance of 52.35 feet to a point for corner; THENCE North 04°17'48" East, a distance of 52.03 feet to a point for corner; THENCE North 46°53'44" West, a distance of 27.86 feet to a point for corner; THENCE North 31°02'50" West, a distance of 49.91 feet to a point for comer; THENCE North 15°05'38" West, a distance of 78.01 feet to a point for corner; THENCE North O1°31'21" West, a distance of 24.84 feet to a point for corner; THENCE North 72°09'53" East, a distance of 90.34 feet to a point for corner; THENCE North 82°10' 15" East, a distance of 40.38 feet to a point for corner; THENCE North 16° 18' S0" East, a distance of 42.72 feet to a point for corner; THENCE North 43°28'29" West, a distance of 22.05 feet to a point for corner; THENCE North 29°58'25" West, a distance of 31.36 feet to a point for corner; THENCE North 20°13'29" West, a distance of 39.51 feet to the PLACE OF BEGINNING containing 7079250 square feet or 162.5172 acres. --~.. ~~ ~ F•..,,E', f, Aante Carlomag o ~ ~ t,~~~~E,~~,o Texas Register Profess •i~-".'t;~;;,t,pw!AG~dt) Lan or No. 1562 ~~""""'"'"'""_""`"`~'~^~ 20204-Ol.doc ~g'~:"~, ~'~~~" `;;~".~ ~~ Z:~,~,~~fsz~~, . ~ 06-21-2000 ~r",~ ~ ty ;~,~E~j AGREEMENT FOR INTERIM SEWER SERVICE This Agreement to provide interim temporary sewer service is entered into on this 7`l"`' day of August, 2001, by and between the CITY OF COLLEGE STATION, TEXAS, the City, a home-rule municipal corporation, and GREENS PRAIRIE INVESTORS, LTD., the Developer. WHEREAS, the Developer has developed a subdivision within the City of College Station city limits known as "Castlegate" and sold lots within the subdivision to home builders; and WHEREAS, Castlegate is located within the Spring Creek Drainage Basin impact fee sewer service area 97-01; and WHEREAS, the City of College Station contracted with a contractor to construct the capital project known as Spring Creek Phase II sewer line which will provide sewer service to the land located within the impact fee area; and WHEREAS, home builders have constructed residential dwellings on lots within the subdivision that are ready for sale and occupancy; and WHEREAS, certificates of occupancy cannot be issued on any residential dwelling within the Castlegate Subdivision until such dwelling has been provided with sewer service; and WHEREAS, permanent sewer service using the Spring Creek Phase II sewer line cannot be provided until the TNRCC approves such line and the construction of the line is completed and accepted by the City; and WHEREAS, the Developer wishes to obtain interim sewer service from the City for a specified number of residential dwellings within the subdivision prior to the approval of the Spring Creek Phase II sewer line by the TNRCC and acceptance of the line by the City; NOW THEREFORE, for and in consideration of the recitals set out hereinabove and the representations and covenants that follow hereinbelow the parties agree as follows: 1. The City agrees to provide interim temporary sewer service to a limited number of residential dwellings in the Castlegate subdivision using a pump and haul wastewater disposal system provided that the Developer: (a) accepts all responsibility, cost and liability for obtaining all regulatory approvals for the alternative pump and haul wastewater disposal system and provides such written approvals to the City. o/group/IegaUcontracts/pud/agmtfor interim sewer serv rev.doc 08/03/2001 RtV:jls (b) accepts responsibility for the cost of: (i) obtaining all regulatory approvals; (ii) the cost of implementing the temporary pump and haul alternative service and any other associated costs. (c) deposits in escrow with the City a sum sufficient to cover the cost of the pump and haul alternative for a rolling three-month period. The initial deposit wilt be for three months of pumping and hauling of sanitary sewer waste. Each month after the commencement of the alternative service, Developer must remit to the Director of Public Utilities, on or before the 15th of each month until the Spring Creek sewer line is placed into service, the estimated cost of alternate service. The estimated cost of alternative service shall be based upon the estimated volume of wastewater to be handled by the pump and haul alternative and the actual cost of the alternative pump and haul service for the prior month. If Developer fails to remit the monthly deposit on or before the date such payment is due, the City shall not issue any additional certificates of occupancy. 2. The total number of certificates of occupancy that will be issued pursuant to this Agreement is limited to 25. 3. No certificates of occupancy will be issued until all regulatory approvals for the temporary pump and haul disposal method have been obtained by the Developer and provided to the City and the City is capable of providing the pump and haul services. 4. Developer will inform purchasers of residential dwellings within the Castlegate Subdivision that their wastewater disposal service, prior to the completion of the Spring Creek Phase II sewer line, will be provided through the pump and haul alternative pursuant to the terms of this Agreement, and will notify such purchasers that they must become a customer of the City of College Station water wastewater utilities in order to receive such service. 5. INDEMNITY AND RELEASE 5.1 The Developer agrees to and shall indemnify, hold harmless and defend the City, its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, regulatory or administrative proceedings, and suits and liability of every kind, including all expenses of litigation, court costs, attorney's fees, and fines and penalties for injury to or death of any person, for damage to any property or for violation of state or federal regulatory requirements arising out of or in connection with the implementing of the temporary pump and haul alternative services under this Agreement. 5.2 Developer acknowledges that the provision of sewer services is a governmental function and that the City by entering into this Agreement does not -2- o/group/legal/contracts/pud/agmtfnr interim sewer serv rev.doc 08/03/2001 RN:jls give its consent to suit. Further, this Agreement shall not act or be interpreted as a waiver of governmental immunity or to the limitation of damages as set out in the Texas Tort Claims Act. 5.3 Developer releases, relinquishes, and discharges the City, its officers, agents and employees, from all claims, demands, and causes of action of every kind and character, including but not limited to any claims for inverse condemnation, and including the cost of defense thereof, for any injury to, sickness or death of Developer and any loss of or damage to any property of Developer that is caused by or alleged to be caused by, arises out of, or is in connection with this Agreement or the alternative temporary pump and haul services provided under this Agreement. 6. MISCELLANEOUS TERMS 6.1 This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 6.2 Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: City: City of College Station Attn: Dale Schepers, Water and Wastewater Superintendent Public Utilities Department 1601 Graham Road College Station, Texas 77845 Developer: Greens Prairie Associates, LLC Wallace Phillips, Manager 4490 Castlegate Drive College Station, TX 77845 6.3 No waiver by either party hereto of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 6.4 This Agreement represents the entire and integrated Agreement between the City and the Developer with respect to the subject matter hereof1 and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. 6.5 This Contract and all rights and obligations contained herein may not be assigned by the Developer without the prior written approval of the City. -3- o/group/legaUcontracts/pud/agmtfnr interim sewer serv rev.doc 08/03/2001 RN:jls 6.6 The Developer, its agents, employees, contractors, and consultants, must comply with all applicable federal and state laws, the charter and ordinances of the City of College Station, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. 6.7 The parties acknowledge that they have read, understand, and intend to be bound by the terms and conditions of this Contract. 6.8 Severability. If any of the terms and conditions hereof shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other of the terms and conditions hereof and the terms and conditions hereof shall thereafter be construed as if such invalid, illegal, or unenforceable terms and conditions had never been contained herein. 6.9 This Agreement may be executed in any number of identical counterparts, and each counterpart hereof shall be deemed to be an original instrument, but all counterparts hereof taken together shall constitute but a single instrument. 6.10 This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that all of the parties to this Agreement have contributed substantially and materially to the preparation of this Agreement. CROWLEY DEVELOPMENT CORP BY: ' ~ 1- ~ '~, - d Wallace:"Phillips, Mana er CITY OF COLLEGE STATION ~---- BY: homas E. Bry ,City Manager APPROVED AS TO FORM: City Attorney Date: g- 7 -- O / -4- o/group/legaUcontracts/pud/agmtfnr interim sewer serv rev.doc 08/03/2001 RN:jls STATE OF TEXAS COUNTY OF BRAZOS This instrument 20l Prairi A sociates, LLC, ,, ACKNOWLEDGMENT was acknowledged before me on the ~ day of )1, by Wallace P ill~s~-in his capacity as Mana~nf Greens a Limited Liabi ity`~o oration, on beh If of said corporation. DEBOeAH aivN GRACE Notary Public in and MY CC-MMfSSIdN E'XP9'~.S the State of Texas April 74, 2005 STATE OF TEXAS COUNTY OF BRAZOS This ,instrument was {,~ ~ , 2001, the Cif of College Station, municipality. ~x~' ` • ' belle Hernandez ° i• My Commission Expires ~. March 30, 2004 ACKNOWLEDGMENT acknowledged before me on the ~~~h day of by Thomas E. Brymer, in his capacity as City Manager of a Texas home-rule municipality, on behalf of said o/group/legaUcontracts/pud/agmtfnr interim sewer serv rev.doc 08/03/2001 RN, jls -5- J ~ ~~~~~ Notary Public in and for the State of Texas BRAIDS CDUIVTY~ • Dn : Jun 12, c~E1Y1 a t 03:19DM UTILITY EASEMENT As a Reco~~di nps ~ Nc-' DATE: ~ , 2000 Dacu~ent Ntub~rr ~718~7 GRANTOR: TIMOTHY J• CROWLEY Aiount ~6.AA Recei ~t Nuiber - 15.%'79 GRANTOR'S MAILING ADDRESS: 1301 McKinney, Su~'te 3 ~~ Houston, Harris C~if~rlty~°~X 77010 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue College Station, Brazos County, TX 77840 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration. EASEMENT AREA: TRACT I: All that certain tract or parcel containing 2.349 acres of land in the Robert Stevenson Survey, Abstract No. 54, Brazos County, Texas, being part of that certain tract called 734.96 acres conveyed to Timothy J. Crowley by an instrument of record in Volume 1415, Pa 7i~ of the Official Records of Brazos County, Texas (B.C.O.R.' and being more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated by reference herein and depicted on Exhibit "C" attached hereto and incorporated by reference herein. TRACT II: All that certain tract or parcel containing 3.238 acres of land in the Robert Stevenson Survey, Abstract No. 54, Brazos County, Texas, being part of that certain tract called 734.96 acres conveyed to Timothy J. Crowley by an instrument of record in Volume 1415, Page 74 of the Official Records of Brazos County, Texas (B.C.O.R.), and being more particularly described by metes and bounds in Exhibit "B" attached hereto and incorporated by reference herein and depicted on Exhibit "C" attached hereto and incorporated by reference herein. This conveyance shall grant the non-exclusive rights herein specified as to Easement Area 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; Storm 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 Easement Area 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 Grantor, which might interfere with or threaten the operation and maintenance of any public utility equipment, accessories, or operations. The CITY OF COLLEGE STATION shall promptly restore the surface and appearance of the Easement Area and remove all refuse, at its expense, following any disturbance thereof. It being understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of Grantee. The rights granted to the CITY OF COLLEGE STATION are non-exclusive and Grantor expressly reserves for himself, his successors and assigns, the right to use the Easement Area and grant other rights in the Easement Area provided such uses and grants do not interfere with the use of the Easement Area for the purpose set forth in this instrument. Grantor expressly subordinates all rights of surface use incident to the mineral estate to the above-described uses of said surface by Grantee, and agrees to lender's subordinations on behalf of Grantee. Grantor will, upon request, provide Grantee with the names and addresses of all lenders. js/cleasemendfonncorp. doc 06/02/2000 RESERVATIONS AND RESTRICTIONS: This grant of easement is subject to any and all matters, ordinances, restrictions, covenants, conditions, encumbrances, rights of way, easements, tax liens, boundary disputes, shortages in area, matters shown on surveys, maps or plats, encroachments, overlapping of improvements, rights of parties in possession, and all outstanding mineral and royalty interests affecting the Property, whether or not of record in the office of the County Clerk of Brazos County, along with conditions that would be revealed by a physical inspection and/or survey of the Easement Area and adjoining property. TO HAVE AND TO HOLD, the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, forever, and Grantor does, subject to the exceptions set forth herein, hereby bind itself, its 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, a ainst every person whomsoever lawfully claiming, or to claim same, or any part thereof, rough or udder Cjt-antor, bu ^not~therwise. TI~Z~I`Y J. C STATE OF TEXAS * ACKNOWLEDGMENT COUNTY OF HARRIS This instrument was acknowledge,~i~bef~re me on this day of , 2000, by TIMOTHY J. CROWLEY. ``~~ Q ~~ Not Public in and for the State of Texas ~ CYN~MA A POIIJN~ ~ ~ NOTARY PUB1-IC State d Texas ,~ a rortrn. Exp.0603-2003 -2- j.r/r•/feb96/bovirie. dn~ 06/02/1000 Revised May 23, 2000 June 4, 1999 Job No. 4591-0002 DESCRIPTION OF 2.349 ACRE PROPOSED 20.0 UTILITY EASEMENT All that certain tractor parcel containing 2.349 acres of land in the Robert Stevenson Survey, Abstract No. 54, Brazos County, Texas, being part of that certain tract called 734.96 acres conveyed to Timothy J. Crowley by an instrument of record in Volume 1415, Page 74, of the Official Records of Brazos County (B.C.O.R.) and being more particularly described by metes and bounds as follows, all bearings referenced to the Texas Coordinate System, Central Zone; COMMENCING for reference at the most westerly comer of Lot 2, Block I of, South Park Estates Phase One, a subdivision of record in Volume 795, Page 259, B.C.O.R., same being an interior corner of said 734.96 acre tract; Thence South 63° 03' 31" East, 190:74 feet along the southerly line of said Lot 2 and a northerly line of said 734.96 acre tract to a point on a westerly line of Greens Prairie Road; Thence South 26° 53' 48" West, 328.01 feet with an easterly line of said 734.96 acre tract and a westerly line of said Greens Prairie Road to a point; Thence South 42° 28' 29" West, 542.98 feet continuing with said easterly and westerly lines to a point; Thence South 41° 52' 4l" West, 1528.51 feet continuing with said easterly and westerly lines to a point; Thence South 42° 37' 42" West, 387.55 feet continuing with said easterly and westerly lines to the POINT OF BEGINNING of the herein described tract; Thence South 42° 37' 42" West, 20.01 feet continuing with said easterly and westerly lines to a point for comer on the proposed southerly right-of--way line of State Highway 40, varying width; Thence with the proposed southerly right-of--way line of State Highway 40 the following eight (8) courses; 1) North 48° 53' l9" West, 143.02 feet to a point for comer; 2) South 71 ° 39' 36" West, 572.76 feet to a point for comer; ~'r~18iT ~ Page 1 oft ge_..~,~.Qf~ a.~.,.^:r.;.~~ 2.349 acres 3) South 86° 03' 27" West, 284.23 feet to a point for corner; 4) South 83° 33' 49" West, 266.00 feet to a point for comer; 5) South 85° 45' S1" West, 1312.33 feet to a point for comer, 6) South 86° 50' 18" West, 525.03 feet to a point for corner; 7) South 85° 45' S 1" West, 524.93 feet to a point for corner; June 4, 1999 Job No. 4591-002 8) South 85° 27' 26" West, 1490.33 feet to a point for comer on a westerly line of the aforesaid 734.96 acre tract and on an easterly line of that certain tract called 217.5 acres conveyed to Gary Seaback by an instrument of record in Volume 2597, Page 186, B.C.O.R.; Thence North 42° 45' 13" East, 29.49 feet with said westerly and easterly line to a point for corner; Thence North 85° 27' 26" East, 1468.71 feet departing said lines to a point for comer; Thence North 85° 45' S 1" East, 525.17 feet to a point for comer, Thence North 86° 50' 18" East, 525.03 feet to a point for comer; Thence North 85° 45' S 1" East, 1311.76 feet to a point for corner; Thence North 83° 33' 49" East, 266.05 feet to a point for corner; Thence North 86° 03' 27" East, 282.14 feet to a point for comer; Thence North 71° 39' 36" East, 581.65 feet to a point for corner; Thence South 48° 53' 19" East, 154.97 feet to the POINT OF BEGINNING and containing 2.349 acres of land. LJA Engineering & Surveying, Inc. ~ l a • V _-_ LY I~ ~~~~~D'iv' Page 2 of 2 ~''`"' June 4, 1999 Job No. 4591-0002 DESCRIPTION OF 3.238 ACRE PROPOSED 20.0 UTILITY EASEMENT All that certain tract or parcel containing 3.238 acres of land in the Robert Stevenson Survey, Abstract No. 54, Brazos County, Texas, being part of that certain tract called 734.96 acres conveyed to Timothy J. Crowley by an instrument of record in Volume 1415, Page 74, of the Official Records of Brazos County (B.C.O.R) and being more particularly described by metes and bounds as follows, all bearings referenced to the Texas Coordinate System, Central Zone; COMMENCING for reference at the most westerly corner of Lot 2, Block 1, of South Park Estates Phase One, a subdivision of record in Volume 795, Page 259, B.C.O.R, same being an interior corner of said 734.96 acre tract; Thence South 63 ° 03' 31" East, 138.90 feet along the southerly line of said Lot 2 and a northerly line of said 734.96 acre tract to a point on the proposed northerly right-of--way line of State Highway 40, varying width, and the POINT OF BEGINNING of the herein described tract; Thence South 63° 03' 31" East, 21.28 feet continuing with said southerly and northerly lines to a point for corner, Thence South 46° 53' 34" West, 866.42 feet departing said southerly and northeriy lines to a point for comer, Thence South 48° 41' S4" West, 975.32 feet to a point for comer, Thence South 51 ° 36' 26" West, 241.64 feet to a point for corner, Thence South 56° 33' 00" West, 239.02 feet to a point for comer, Thence South 61 ° 44' 46" West, 245.49 feet to a point for corner, Thence South 82° 35' l6" West, 105.44 feet to a point for corner, Thence South 70° l2' 34" West, 252.12 feet to a point for comer, Thence South 56° 47' S4" West, 126.80 feet to a point for corner; :.. : ~ ~_~.. , ti.z.._._~._.._~._.... _.,~ :. s Page 1 of 3 ~~O 0~~ ~ ~~,~ 3.238 acres Thence South 77° 03' S3" West, 245.55 feet to a point for corner, Thence South 87° 06' 48" West, 225.48 feet to a point for corner, Thence South 86° 28' 49" West, 262.26 feet to a point for corner; Thence South 85° 45' S1" West, 393.48 feet to a point for corner, Thence South 85° 11' 29" West, 656.45 feet to a point for corner, Thence South 87° 11' 47" West, 131.38 feet to a point for comer, Thence South 85° 45' S1" West, 1049.54 feet to a point for corner, Thence South 85 ° 17' 12" West, 393.79 feet to a point for corner, June 4, 1999 Job No. 4591-002 Thence South 86° 14' 30" West, 663.97 feet to a point for corner on a westerly line of said 734.96 acre tract and on an easterly line of that certain tract called 217.5 acres conveyed to Gary Seaback by an instrument of record in Volume 2597, Page 186, B.C.O.R; 'T'hence North 42° 45' 13" East, 29.06 feet with said westerly and easterly line to a point for corner on the proposed northerly right-of--way line of the aforesaid State Highway 40; Thence with the proposed northerly right-of--way line of State Highway 40 the following seventeen (17) courses; 1) North 86° 14' 30" East, 642.72 feet to a point for comer, 2) North 85° 17' 12" East, 393.71 feet to a point for corner, 3) North 85 ° 45' S 1" East, 1049.87 feet to a point for corner, 4) North 87° 11' 47" East, 131.28 feet to a point for corner, 5) North 85 ° 11' 29" East, 656.20 feet to a point for corner, ~j .... .. ~..: a .s-,m.z.-.,~..~~~~ Page 2 of 3 3.238 acres 6) North 85 ° 45' S 1" East, 393.70 feet to a point for corner, 7) North 86° 28' 49" East, 262.49 feet to a point for corner, 8) North 87° 06' 48" East, 223.83 feet to a point for corner, 9) North 77° 03' S3" East, 240.22 feet to a point for corner; 10) North 56° 47' S4" East, 125.57 feet to a point for corner, 11) North 70° 12' 34" East, 256.64 feet to a point for corner, 12) North 82° 35' 16" East, 103.93 feet to a point for corner, 13) North 61 ° 44' 46" East, 240.91 feet to a point for corner, June 4, 1999 Job No. 4591-002 14) North 56° 33' 00" East, 237.25 feet to a point for corner, 15) North 51 ° 36' 26" East, 240.27 feet to a point for comer, 16) North 48° 41' S4" East, 974.50 feet to a point for comer, 17) North 46° 53' 34" East, 858.84 feet to the POINT OF BEGINNING and containing 3.238 acres of land LJA Engineering & Surveying, Inc. ~~ 3 ~ Page 3 of 3 ~' ' LOT 2 SOUTH PARK ESTATES %' PHASE ONE /~ VOL. 75~. PG. 2~9 ~ ,~ ~ i ~ ,~ B.C.O .R. O ~~ ~ ~~ ~'' P. 2.349 AC. a O.C. _ _~, ~; ESMT ~ ~<~~r~F 3.238 AC. ESMT \, ~... ''i P.O.B. 3.238 AC. ESMT. ~~ ,~ ,~ _.,~~ ~ ~' CALLED 734.96 ACRES a ~~~ TIMOTHY J. CROWLEY VOL.l4/5 PG. 74 ~`~ B.C.OR. ~~ ~ti /~ A~ ~~ ~~~ ,~ I ~ N ~'~ ~~ 5 / , ~~ ;"~,'. ~,~~iP~ ~~ , ~`~ Scope r - 300' 3~~ 5~~ ~~~ yy ~0 ~~~~~~ ~~ J ~, N~ ~`' ,~-~ ~' ~`~~~--~ P. o. e. 2.349 AC. ESMT. NOTES I. NIOeorinps referenced fo the Texas Coordinate System, South Central Zone. EXHIBIT SHOWING LOCATION OF TWO PROPOSED UTILITY EASEMENTS WITHIN THE RIGHT-OF-WAY OF PROPOSED STATE HIGHWAY 40 CROSSING THE TIMOTHY J. CROWLEY TRACT IN THE ROBERT STEVENSON SURVEY, A-54 BRAZOS COUNTY, TEXAS c w~~ilBlY , ~m~8 ~~~~ ~~~~~~ MAY 2000 JOB N0. 4591-0002 PAGE I OF 3 WA ~pY~eainD & 8weyha , hc. ".~ 2929 BrlorDOrk Orive Suite 500 Houston. Texoe TT0~2-370] Phone 713.953.5200 fox 113.953.5026 __ c:~dgmcrow-ey.dgn nnay. «, zuuu 10: ROBERT STEVENSON SURVEY A-~4 N Scole r 300' \ 3.238 ACRES PROPOSED --~ UTILITY EASEMENT ~~.SSE r N ~~E Neroc+sE 2~p22' NBS~S'5rE 22J8J' S J9J70' 225.8' 2,5 }'53w 26216' S87'os,~,w, 5'~ N85'Ir2gE 65620' ~ J .~. ~ 656.5' S85'~5'Sr-~' S86'28'~9'w 585'Ir29w' U _ ROPOSED STATE HIGHWAY 40 ~~ P ----- N s2rE ~nr73',9'E ~ 282J~' _ 586~OJ'2'n-' 2.349 ACRES PROPOSED UTILITY EASEMENT CALLED 734.96 ACRES T /MOT HY J. CROW LEY VOL.14/5 PG.74 B.C.O.R. ~~ ;~ ~ ~ ~~ ,,,~" ;~~~Q~~. ,. ~~ ~ NaTES I.AII Deorlnps referenced to the! Texas Coadlnote System. South Cenlrol Zone. LINE TABLE AIM Burl Otstanc~ 1 2 56703.3i'E___ Sa73S' 16'r _ 21.2!',___ 105. N' 556'7• S~'r 126. a0•_ ~ setll•~T•r Is_1. 3e• _ S N~?'~S• 13' E 2 .06' 6 Netll•~T•E 131.2!• 7 N56'~1•S~'E _ 125.57 -e __ N873S' 16_E _ 5~ T• ~ r _ 103.93'_ _ 2 .01' 10 N1 1 r I ~ II N1 ~I ~' 1 1 1 I ~ T' EXH181T SHOWING LOCATION OF TWO PROPOSED UTILITY EASEMENTS WITHIN THE RIGHT-OF-WAY OF PROPOSED STATE HIGHWAY 40 CROSSING THE TIMOTHY J. CROWLEY TRACT IN THE R08ERT STEVENSON SURVEY. A-54 BRAZOS COUNTY. TEXAS i-~ i ~ 0T ,,,_~~M __ __. - _ ~g®... ~....,.of -~ Paa~~ MAY 2000 J08 N0. 4591-0002 PAGE 2 OF 3 LJA & Swe hc. `J.~ 2929 Br I orpork Or I ve Fa~e T 13. 953. 5026 Sulte 500 Houston. TexOa 77012-3703 ROBERT STEVEN~ON SURVEY A-54 Scale r 300' CALLED 2 17.5 ACRE GARY ~EABACK VOL. 2597 PG. 186 B.C.O.R. ,- ~~~~, ' 1 NBSR'12E JgJ7r 6.vr ~ Jam, J9J79' 585~'12w CALLED 734.96 ACRES T/MOTHY J. CROWLEY VOL.l4l5 PG.74 B.CAR. 3.238 ACRES PROPOSED UTILITY EASEMENT ~ { PROPOSED STATE HIGHWAY 40 sss•s5r-r 52e9J' 2.349 ACRES PROPOSED UTILITY EASEMENT' CALLED 734.96 ACRES TIMOTHY J. CROWLEY VOL.14/5 PG.74 B.C.OJ3. NOTES 1. All Deorinps re%renced to tli! Texas Coordinate System. South Centro! Zone. EXHIBIT SHOWING LOCATION OF TWO PROPOSED UTILITY EASEMENTS WITHIN THE RIGHT-OF-WAY OF PROPOSED STATE HIGHWAY 40 CROSSING THE TIMOTHY J. CROWLEY TRACT IN THE ROBERT STEVENSON SURVEY, A-54 BRAZOS COUNTY, TEXAS MAY 2000 J08 N0. 4591-0002 PACE 3 OF 3 ~~ ®.. .,~.0~ `3 ~ ........._...~'~p ~ WA C-n8heerlnp & 8urveyhp, inc. L,.~ 2929 Briorpork Orive Phone 713.953.5200 Su I to 500 Fox T t 3. 957. 5026 Houston, Texaa TT012-3703 c:~dgn~crowley.agn METES AND BOUNDS DESCRII'"1'IUN OI' A 162.5172 ACRE "CRAG"I' OF LAND OUT OF 'TIIE ROBERT S7~EVENSON SURVEY, A-54 BRAZOS COUNTY, "I~EXAS All that tract or parcel of [and lying and being situated in Brazos County, 'Texas, and being situated in the Robert Stevenson Survey, A-54, and being a part of the same tract of land described in a deed to Timothy J. Crowley, as recorded in Volume 1415, ['age 74, of the Brazos County Official Records, and now more particularly described as IoUows: BEGINNING at a 5/8" iron rod set for the southernmost corner of a Wallace Phillips 153.5049 tract, also being the easternmost corner of the Pauline Grant Diebel tract, as recorded in Volume 1934, Page 157, of the Brazos County Official Records, also bcing in the northwest right-of--way line of Greens Prairie Road; 'TIIENCE North 48°05'00" West, a distance of 3487.24 feet along the common line between said Wallace Phillips tract and the said lliebel tract to a 1 /2" iron rod found at the westernmost corner of this tract, also being the southermnost corner of a 158 acre tract owned by Beverly J. Furrer, Patricia J. Vogel, and 'Thomas L. Brown, as recorded in Volume 854, Page 57, of the B.C.O.R.; TIIENCE North 42°38' 11" East, a distance of 879.83 feet along the said Furrer tract to a fencepost found for corner; THENCE North 42°36'00" East, a distance of 714.22 feet along the said Furrer tract to a fencepost found for corner; THENCE North 42°59'31" East, a distance of 667.98 feet along the said Furrer tract, and then along the common line between this tract and the Gary Seaback tract, as recorded in Volume 2957, Page 186, of the B.C.O.R. to a fencepost found for corner; THENCE North 42°46'28" East, a distance of 185.71 feet along the said Seaback tract to a highway monument found for the northwest corner of this tract, being in the south right-of- way line of the proposed State Iligliway Number 40; 'I'Il(ENCE severing the sttid Wttllttce Phillips trttct, and along the said higltiway right-of-wny North 85°28'58" East, a distance of 995.53 feet to a highway monument found For the PLACE OF BEGINNING; - THENCE North 85°28'58" East, a distance of 491.88 feet to a point for corner; TIIENCE North 85°45'51" East, a distance of 524.93 feet to a point for corner; TIIENCE North 86°50' 18" East, a distance of 525.03 feet to a point for cornet; 'THENCE North 85°45'51" East, a distance of 1078.81 feet to a point [or corner; 'TIIENCE around a curve to the right having a delta angle of 81°1 1' 19", an arc distance of 56.68 feet, a radius of 40.00 feet, and a chord of South 44°49'47" East, a distance of 52.06 feet to a point for corner; 'TIIENCE South 04°14'08" East, a distance of 210.00 feet to a point for cornet; 'TIIENCE South 05°57'05" East, a distance of 482.69 feet to a point for corner; THENCE around a curve to the right having a delta angle of 42° 13'03", an arc distance of 895.25 feet, a radius of 1215.00 feet, and a chord of South 16°SG29" West, a distance of 875.14 feet to a point for corner; TIIENCE South 41°00'23" West, a distance of 282.73 feet to a point for corner; THENCE South 41°04'37" West, a distance of 145.80 feet to a barb-wire fence for corner; 'THENCE South 40°44'40" West, a distance of 91.85 feet to a fencepost found for corner; THENCE South 42°54' 17" West, a distance of 1020.52 feet to a fencpost found for corner; THENCE South 43°15'51" West, a distance of 45.90 feet to a fencepost (Druid for corner; 'THENCE South 43°46'32" West, a distance of 183.17 feet to a fencpost found for corner; THENCE South 40°26'40" West, a distance of 243.77 feet to a fencepost found for corner; TIIENCE South 41°02.'57" West, a distance of 128.03 feet to a point for corner; 'THENCE North 48°00'07" West, a distance of 854.71 feet to a point for corner; THENCE North 40°45'44" West, a distance of 181.10 feet to a point for corner; THENCE around a curve to the left having a delta angle of 14°10'48", an arc distance of 206.65 feet, a radius of 835.00 feet, and a chord of North 42°08'52" East, a distance of 206.13 feet to a point for corner; TIIENCE North 35°03'28" East, a distance of 430.50 feet to a point for corner; TIIENCE around a curve to the right having a delta angle of 09°21' 10", an arc distance of 81.62 feet, a radius of 500.00 feet, and a chord of North 39°44'03" L•'ast, a distance of 81.53 feet to a point for corner; THENCE North 44°24'37" East, a distance of 134.73 feet to a point for corner; THENCE North 45°35'23" West, a distance of 70.00 feet to a point for cornet; THENCE South 44°24'37" West, a distance of 134.73 feet to a point for corner; Th[ENCE around a curve to the left having a delta angle of 09°21' 1 U", an arc distance of 93.04 feet, a radius of 570.00 feet, and a chord of South 39°44'03" West, a distance of 92.94 feet to a point for corner; THENCE South 35°03'28" West, a distance of 430.50 leer to a point for corner; THENCE around a curve to the right having a delta angle of 71 °45' 12", an arc distance of 955.68 feet, a radius of 763.12 feet, and a chord of South 70°49'57" West, a distance of 894.44 feet to a point for corner; TIIENCE North 73°17'27" West, a distance of 2.72 feet to a point for corner; THENCE North 28°43'37" East, a distance of 38.66 feet to a point for corner; "THENCE North 29°13'59" West, a distance of 43.98 feet to a point for corner; THENCE North 13°24'57" West, a distance of 80.17 feet to a point for corner; TIIENCE North 07°31' 14" East, a distance of 47.75 feet to a point for corner; THENCE North 00°16'25" East, a distance of 56.67 feet to a point for comer; TIIENCE North 10°08'56" East, a distance of 76.18 feet to a point for cvrner; THENCE North 22°53'29" East, a distance of 73.641eet to a point for corner; TIIENCE North 46°18'46" West, a distance of 131.92 leer to a point for corner; THENCE North 38°35'23" West, a distance of 58.08 feet to a point for corner; THENCE North 12°11'34" West, a distance of 29.06 feet to a point for corner; THENCE North 06°03'01" East, a distance of 50.94 feet to a point for corner; THENCE North 16°06' 13" West, a distance of 35.95 feet to a point for corner; 'THENCE North 26° 18' 12" West, a distance of 79.63 feet to a point for corner; T>EIENCE North 04°38'07" East, a distance of 65.71 feet to a point for corner; THENCE North 09°46'41" East, a distance of 60.88 feet to a point for corner; THENCE North 30°13'04" East, a distance of 37.41 feet to a point for corner; THENCE North OS°22' 18" East, a distance of 45.48 feet to a point for corner; THENCE North 02°07' 11" West, a distance of 62.22 feet to a point for corner; THENCE North 07°07' 14" West, a distance of 61.88 feet to a point for corner; THENCE North 18°41'57" East, a distance of 56.81 feet to a point for corner; THENCE North 23°55'58" East, a distance of 63.60 feet to a point for corner; THENCE North 41°38'51" East, a distance of 43.64 feet to a point for corner; THENCE North 85°53'40" East, a distance of 70.88 feet to a point for corner; THENCE North 55°10'28" East, a distance of 37.18 feet to a point for corner; THENCE North 25°08'02" East, a distance of 65.64 feet to a point for corner; THENCE North 08°13'45" East, a distance of 83.85 feet to a point for corner; THENCE North 29°08' 12" East, a distance of 33.01 feet to a point for corner; THENCE North 56°06'38" East, a distance of 81.23 feet to a point for corner; THENCE North 39°12'40" East, a distance of 156.35 feet to a point for corner; THENCE North 26°31'33" East, a distance of 65.49 feet to a point for corner; THENCE North O1°22'35" West, a distance of 69.52 feet to a point for corner; THENCE North 04°18'58" West, a distance of 26.58 feet to a point for corner; THENCE North 60°22'03" West, a distance of 40.45 feet to a point for corner; THENCE North 16°25'37" West, a distance of 46.57 feet to a point for corner; THENCE North 30°43'04" East, a distance of 19.58 feet to a point for corner; THENCE North 78°51'06" East, a distance of 68.12 feet to a point for corner; THENCE South 70° 15' 12" East, a distance of 52.77 feet to a point for corner; THENCE North 43°31'51" East, a distance of 55.71 feet to a point for corner; THENCE North 16°29'35" West, a distance of 96.41 feet to a point for corner; THENCE North 47°40'22" East, a distance of 50.49 feet to a point for corner; THENCE North 46°32'53" East, a distance of 52.35 feet to a point for corner; THENCE North 04°17'48" East, a distance of 52.03 feet to a point for corner; THENCE North 46°53'44" West, a distance of 27.86 feet to a point for corner; TIIENCE North 31°02'50" West, a distance of 49.91 feet to a point for corner; THENCE North 15°05'38" West, a distance of 78.01 feet to a point for corner; THENCE North O1°31'21" West, a distance of 24.84 feet to a point for corner; THENCE North 72°09'53" East, a distance of 90.34 feet to a point for corner; THENCE North 82°10' 15" East, a distance of 40.38 feet to a point for corner; THENCE North 16°18'50" East, a distance of 42.72 feet to a point for corner; THENCE North 43°28'29" West, a distance of 22.05 feet to a point for corner; THENCE North 29°58'25" West, a distance of 31.36 feet to a point for corner; THENCE North 20°13'29" West, a distance of 39.51 feet to the PLACE OF BEGINNING containing 7079250 square feet or 162.5172 acres. Bante Carlomag o ~' ~ ' ~ : ~' Texas Register Profess' ~s,:• ~,>,~Gt'-v~~`~~~t Lan4LSur~eyor No. 1562 ~ ~°-,~^~ °`~~";:";_„°'`"°`~`i`~.~ ~ ~ ~ ~:,.., ti.~ , 20204-Ol.doc `~ ~,~: ~ r ~~, `~` ~:>~. 06-21-2000 ~~^R:~'' ~ '~°r;.=~~~,~~.,,",-'~? ..., ti .~ ,