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HomeMy WebLinkAbout14-152FOR OFFICE USE ONLY CASE NO.: DATE SUBMITTED: _____ _ CITY or C OLLEGE STATION Home o/Texas A&M University• TIME: STAFF: PRELIMINARY PLAN APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: [8] $932 Preliminary Plan Application Fee. [8] $233 Waiver Request to Subdivision Regulations Fee (if applicable). [8] Appl ication completed in fu ll. This application form provided by the City of College Station must be used and may not be adjusted or altered. Please attach pages if additional information is provided. [8] Fourteen (14) folded copies of plan. A revised mylar original must be submitted after approval. [8] Title report for property current within ninety (90) days or accompanied by a Nothing Further Certificate current within ninety (90) days. The report must include applicable information such as ownership, liens, encumbrances, etc. D Impact study (if oversized participation is requested ). [8] The attached Preliminary Plan checklist with all items checked off or a brief explanation as to why they are not. Date of Optional Preapplicati on Conference NAME OF PROJECT Barron Crossing Subdivision ADDRESS William D. Fitch Parkway (State Highway 40) -2985 Barron Cut-Off Road SPECIFIED LOCATION OF PROPOSED SUBDIVISION: Loccated along the south side of William D. Fitch Parkway just east of the Barron Road intersection. APPLICANT/PROJECT MANAGER'S INFORMATION (Pri mary contact for the project): Name Doug French, Vice President of BCS Development Street Address 4090 State Highway 6 South E-mail dfrench@stylecraftbui/ders.com City College Station State _i _e_xa_s _______ Zip Code _7_78_4_5 _____ _ Phone Number 979-690-1222 Fax Number ----------------- PROPERTY OWNER'S INFORMATION (ALL owners must be identified . Please attach an additional sheet fo r multiple owners): Name Same as applicant. Street Address City _________ Zip Code Phone Number Fax Number ----------------- ARCHITECT OR ENGINEER'S INFORMATION: Name J. Dale Browne, Jr., P.E. I McClure & Browne Engr./Surv., Inc. E-mail daleb@mcclurebrowne.com Street Address 1008 Woodcreek Drive, Suite 103 City College Station State _T_ex_a_s _______ Zip Code _7_7_84_5 _____ _ Phone Number 979-693-3838 Fax Number ----------------- 1 /11 Page 1 of 6 Total Acreage _13_._4_04 _______ _ Total No. of Lots 79 ------R-0-W Acreage _2._9_3 ____ _ Number of Lots By Zoning District 79 PDD Average Acreage Of Each Residential Lot By Zoning District: 0.067 I PDD Floodplain Acreage _N_o_n_e __________________________________ _ NOTE: Appropriate zoning for the proposed subdivision must be in place before th is application can be considered complete. Are you proposing to dedicate park land by acreage or fee in lieu of land? _F_e_e_in_li_eu_o_f_la_n_d_. __________ _ Are you proposing to I develop the park IX dedicate the development fee? (Check one) Th is information is necessary to help staff identify the appropriate standards to review the appl ication and will be used to he lp determine if the application qualifies for vesting to a previous ordinance. Notwithstanding any assertion made, vesting is limited to that which is provided in Chapter 245 of the Texas Local Government Code or other applicable law. Is this application a continuation of a project that has received prior City platting approval(s) and you are requesting the application be reviewed under previous ordinance as applicable? I Yes IX No If yes, provide information regarding the first approved application and any related subsequent applications (provide additional sheets if necessary): Project Name: City Project Number (in known): Date I Timeframe when submitted: Requested wavier to subdivision regulations and reason fo r same (if applicable): We respectfully request a wavier from Section 12-8. 3., F., 4. of the Un ified Development Ordinance for the alleys between Blocks 2 & 3 and behind Block 8. Due to topographic features and parent tract configuration, the length of the 'Plley needs to be greater than 100 feet. The alley between Blocks 2 & 3 could be connected to Barron Cut-off but we believe this would cause traffic issues on Barron Cut-off due to the distance from the intersection of Barron Cut-off and W. S. Phillips Parkway. We recommend the installation of Grasspave2 and gate with a knox box for Fire Department use 'Pnly. It is our understanding, that the alley behind Block 8 is not needed by the Fire or Sanitation Departments. 1/11 Page 2 of 6 Regarding the waiver request, explain how: 1. There are special circumstances or conditions affecting the land involved such that strict application of the subdivision regulations will deprive the applicant of the reasonable use of his land. Yes, the topography and shape of the tract impacts the way in which the property and be used. We believe that the strict adherence to the subdivision regulations deprives us of reasonable use of the property. 2. The waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant. Yes, we believe that the waiver is necessary for the preservation and enjoyment of our property rights due to the fopography and shape of the property. 3. The granting of the waiver will not be detrimental to the public health , safety, or welfare, or injurious to other property in the area, or to the City in administering subdivision regulations. We do not believe the granting of the waiver will be detrimental to the public. We believe it would be better for the public health, safety and welfare of the public to allow the two alleys to be constructed as requested. The alley between Block 2 & 3 would allow emergency vehicles while preventing the public from using the through access. The alley behind Block 8 is not required for fire protection as per our conversations with the Fire Department. 4. The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of the Unified Development Ordinance. 1 /11 rvo, granting the waiver will not impact or prevent the orderly subdivision of other land in accordance with the UDO. Fee in lieu of sidewalk construction is being requested because of the following condition (if applicable): 1. I An alternative pedestrian way or multi-use path has been or will be provided outside the right-of-way ; 2. I The presence of unique or unusual topographic, vegetative, or other natural conditions exist so that strict adherence to the sidewalk requirements of the UDO is not physically feasible or is not in keeping with the purposes and goals of the UDO or the City's comprehensive Plan ; 3. I A capital improvement project is imminent that wi ll include construction of the required sidewalk. Imminent shal l mean the project is funded or projected to commence within twelve (12) months; 4. I Existing streets constructed to rural section that are not identified on the Thoroughfare Plan with an estate I rural context; 5. I When a sidewalk is required along a street where a multi-use path is shown on the Bicycle, Pedestrian, and Greenways Master Plan; Page 3 of 6 6. C The proposed development is within an older residential subdivision meeting the criteria in Platting and Replatting within Older Residential Subdivisions Section of the UDO; or 7. 0 The proposed development contains frontage on a Freeway I Expressway as designated by Map 6.6, Thoroughfare Plan -Functional Classification, in the City's Comprehensive Plan. Detailed explanation of condition identified above: 1 -----~----·---····-·-···-···--··-----·----·-·---·-·---·--·---·--··-------------·-·-···-·-·--------------------·-·-·-----·-·----·--------------·-·--·-·------· NOTE: A waiver to the sidewalk requirements and fee in lieu of sidewalk construction shall not be considered at the same time by the Planning & Zoning Commission. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct, and complete. IF THIS APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must · be accompanied by a power of attorney statement from the owner. If there is more than one owner, all owners must sign the application or the power of attorney. If the owner is a company, the application must be accompanied by proof of authority for the company's representative to sign the application on its behalf. LIEN HOLDERS identified in the title report are also considered owners and the appropriate signatures must be provided as described above. May16,2014 Signature and title Date 1/11 Page 4 of 6 CrTY or-Coll.EGE STATION Home of Texas A&M University" 1/11 PRELIMINARY PLAN MINIMUM REQUIREMENTS (ALL CITY ORDINANCES MUST BE MET) INCLUDING BUT NOT LIMITED TO THE FOLLOWING: ~ Drawn on 24" x 36" sheet to scale of 100' per inch or larger. Include the words "PRELIMINARY PLAN - NOT FOR RECORD" in letters 1/2" high. If more than 1 sheet, an index sheet showing entire subdivision at a scale of 500 feet per inch or larger. [R] Vicinity map which includes enough of surrounding area to show general location of subject property in relationship to College Station and its City Limits. No scale required but indude north arrow. [R] Title Block with the following information: Name and address of subdivider, recorded owner, engineer and surveyor. Proposed name of subdivision (subdivision name & street names will be approved through Brazos County 911 ). Date of preparation (including the date the plat was submitted and the dates of any revisions on the plat). Engineer's scale in feet. Total area intended to be developed. North Arrow. Location of current city limit lines and current zoning district boundary. The appropriate zoning district(s) must be in place for the proposed land uses before the application for a subdivision. Subdivision boundary indicated by heavy lines. Boundary must include all of parent tract. Descriptions by metes and bounds of the subdivision which shall close within accepted land survey standards. (Labeled on boundary lines, not separate metes and bounds description.) Primary control points or descriptions and ties to such control point, to which , later, all dimensions, angles, bearings, block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the survey or tract, or an original corner of the original survey of which it is a part. Name of contiguous subdivisions and names of owners of contiguous parcels of unsubdivided land, and an indication whether or not contiguous properties are platted. Location of the 100 Year Floodplain and Floodway, if applicable, according to the most recent available data. Topographic information, including contours at two foot (2 ft.) intervals, wooded areas, and flowline elevation of streams. Proposed land uses (in compliance with existing zoning district). The location and de~cription with accurate dimensions, bearings or deflection angles and radii, area, center angle, degree of curvature, tangent distance and length of all curves for all of the following: (Show existing items that are intersecting or contiguous with the boundary of or forming a boundary with the subdivision, as well as, those within the subdivision). Page 5 of6 Existing Proposed D D D D D D D D D D D D D D 1/11 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Streets. Continuous or end in a cul-de-sac, stubbed out streets must end into a temp. turn around unless they are shorter than 100 feet. Public and private R.O.W. locations and widths. (All existing and proposed R.O.W.'s sufficient to meet Thoroughfare Plan.) Street offsets and/or intersection angles meet ordinance. Alleys. Well site locations. Pipelines. If carrying flammable gas or fuel , also show size of line, design pressure and product transported through the line. Utility services (water & sanitary sewer). All existing and proposed utilities of sufficient size/depth to meet the utility master plan and any future growth areas. Easements. Drainage structures and improvements including underground storm sewer and all overland systems (flow line of existing watercourses) and showing where these will discharge. Proposed channel cross sections, if any. A number or letter to identify each lot or site and each block (numbered sequentially). Parkland dedication/greenbelt area/park linkages. All proposed dedications must be reviewed by the Parks and Recreation Advisory Board and documentation of their recommendation provided prior to being scheduled for P&Z Commission consideration. Greenways dedication. Public areas. Other public improvements, including but not limited to parks, schools and other public facilities. ~ Proposed phasing. Each phase must be able to stand alone to meet ordinance requirements and infrastructure costs shown to be distributed evenly throughout the subdivision. Phases must be final platted in sequential order as shown or defined on the preliminary plan. Are there impact fees associated with this development? ~ Yes D No Page 6 of6 vr CITY OI' COLLEGE STATION Home ofTouu A&M Univmity• FOROFFIC CASE NO.: TIME: STAFF: PRELIMINARY PLAN APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: · 932 Preliminary Plan Application Fee. · bJ )233 Waiver Request to Subdivision Regulations Fee (if applicable). 'W' Application completed in full. This application form provided by the City of College Station must be used and may not be adjusted or altered. Please attach pages if additional information is provided. d Fourteen (14) folded copies of plan. A revised mylar original must be submitted after approval. W Title report for property current within ninety (90) days or accompanied by a Nothing Further Certificate current within ninety (90) days. The report must include applicable information such as ownership, liens, encumbrances, etc. LY Impact study (if oversized participation is requested). \!ZJ The attached Preliminary Plan checklist with all items checked off or a brief explanation as to why they are not. Date of Optional Preapplication Conference --------------------------- NAME OF PROJECT Barron Crossing Subdivision ADDRESS William D. Fitch Parkway (State Highway 40) -2985 Barron Cut-Off Road SPECIFIED LOCATION OF PROPOSED SUBDIVISION: Loccated along the south side of William D. Fitch Parkway just east of the Barron Road intersection. APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name Doug French, Vice President of BCS Development Street Address 4090 State Highway 6 South E-mail dfrench@stylecraftbui/ders.com City College Station state Texas Zip Code 77845 ----------------- Phone Number 979-690-1222 Fax Number ---------------~ PROPERTY OWNER'S INFORMATION (ALL owners must be identified. Please attach an additional sheet for multiple owners): Name Same as applicant. Street Address . City _________ Zip Code Phone Number Fax Number ---------------~ ARCHITECT OR ENGINEER'S INFORMATION: Name J. Dale Browne, Jr., P.E. I McClure & Browne Engr./Surv., Inc. E-mail daleb@mcclurebrowne.com . Street Address 1008 Woodcreek Drive, Suite 103 City College Station State _~_ex_a_s _______ Zip Code _7_78_4_5 ____ _ Phone Num ber 979-693-3838 Fax Number ---------------~ 1/11 Page 1 of 6 Total Acreage _1_3_.4_0_4 ______ _ Total No. of Lots _7_9 ____ _ R-0-W Acreage _2_.9_3 _____ _ Number of Lots By Zoning District 79 I POD Average Acreage Of Each Residential Lot By Zoning District: O.Oo7 I POD Floodplain Acreage _N_o_n_e _________________________________ _ NOTE: Appropriate zoning for the proposed subdivision must be in place before this application can be considered complete. Are you proposing to dedicate park land by acreage or fee in lieu of land? _F_e_e_in_lie_u_o_f_la_n_d_. _________ _ Are you proposing to 0 develop the park !8] dedicate the development fee? (Check one) This information is necessary to help staff identify the appropriate standards to review the application and will be used to help determine if the application qualifies for vesting to a previous ordinance. Notwithstanding any assertion made, vesting is limited to that which is provided in Chapter 245 of the Texas Local Government Code or other applicable law. Is this application a continuation of a project that has received prior City platting approval(s) and you are requesting the application be reviewed under previous ordinance as applicable? C Yes !8J No If yes, provide information regarding the first approved application and any related subsequent applications (provide additional sheets if necessary): Project Name: City Project Number (in known): Date I Timeframe when submitted: Requested wavier to subdivision regulations and reason for same (if applicable): 1/11 Page 2 of6 Regarding the waiver request, explain .how: 1. There are special circumstances or conditions affecting the land involved such that strict application of the subdivision regulations will deprive the applicant of the reasonable use of his land. 2. The waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant. 3. The granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering subdivision regulations. 4. The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of the Unified Development Ordinance. 1/11 Fee in lieu of sidewalk construction is being requested because of the following condition (if applicable): 1. fJ An alternative pedestrian way or multi-use path has been or will be provided outside the right-of-way; 2. 0 The presence of unique or unusual topographic, vegetative, or other natural conditions exist so that strict adherence to the sidewalk requirements of the UDO is not physically feasible or is not in keeping with the purposes and goals of the UDO or the City's comprehensive Plan ; 3. 0 A capital improvement project is imminent that will include construction of the required sidewalk. Imminent shall mean the project is funded or projected to commence within twelve (12) months; 4. O Existing streets constructed to rural section that are not identified on the Thoroughfare Plan with an estate I rural context; 5. [J When a sidewalk is required along a street where a multi-use path is shown on the Bicycle, Pedestrian, and Greenways Master Plan ; Page 3 of6 A gieland Title Company SUBSEQUENT TO CERTIFICATE GF# 28265 PROPERTY DESCRIPTION: All of that 75.07 acre tract or parcel of land, lying and being situated in the ROBERT STEVENSON SURVEY, ABSTRACT No. 54, College Station, Brazos County, Texas, and being part of the called 154 acre (net) tract describe in the deed from Florence A. Brown to Beverly J. Furrer, Patricia J. Vogel and Thomas L. Brown, Jr., as recorded in Volume 854, page 57, Official Records of Brazos County, Texas, and being also described as 158 acres in the deed from D. Brooks Cofer, Jr. and Don Dillon to Wayne A. Dunlap and Thomas L. Brown, recorded in Volume 283, page 382, Deed Records of Brazos County; Texas, said 75.07 acre tract being more particularly described as follows: COMMENCING at the centerline intersection of the existing pavement of Barron Road and Barron Cutoff Road, same being the supposed west corner of the beforementioned 158 acre tract; THENCE S 46° 01' 20" E along the centerline of the existing pavement of Barron Cutoff Road, same being the supposed southwest line of the beforementioned 158 acre tract for a distance of 360.56 feet to the PLACE OF BEGINNING of this description; THENCE N 44 ° 08' 27" E through the interior of the beforementioned 158 acre tract, at a distance of 24.4 feet, pass a 6" creosote post fence corner in the northeast line of Barron Cutoff Road marking the south corner of a 4.00 acre tract (cut out of the 158 acre tract) as described in Volume 1577, Page 136, of the Official Records of Brazos County, Texas, continue on along the southeast line of said 4.00 acre tract, adjacent to a fence, for a total distance of 369.78 feet to a 1/2" iron rod found (2ith cap) in the southwest right of way line of State Highway No. 40, from which a 1/2" iron found at a 4" creosote post fence corner marking the east corner (now out in Highway 40) of the 4.00 acre tract bears N 44 ° 08' 27" E -173. 70 feet; 3740 Copperfield Drive, Suite 101 • Bryan, Texas 77802 Phone (979) 731-8400 • FAX (979) 731-8408 THENCE along the southwest and southerly right of way line of State Highway No. 40 (as described in the deed to the State of Texas as recorded in Volume 5884, Page 13, of the Official Records of Brazos County, Texas), as follows: S 49° 18' 34" E disc found, S 51° 10' 08" E disc found, S 53° 31' 38" E disc found, S 57° 40' 09" E disc found, S 61° 07' 14" E disc found, S 65° 57' 10" E disc found, S 72° 21' 21" E disc found, S 76° 14' 58" E disc found, S 80° 20' 11" E disc found, S 85° 33' 51" E disc found, S 87° 43' 46" E disc found, S 88° 57' 55" E disc found, S 89° 16' 51" E disc found, for a distance of 11.98 feet to a concrete monument with brass for a distance of 134.68 feet to a concrete monument with brass for a distance of 213.41 feet to a concrete monument with brass for a distance of 213.41 feet to a concrete monument with brass for a distance of 142.29 feet to a concrete monument with brass for a distance of 355.54 feet to a concrete monument with brass for a distance of 213.31 feet to a concrete monument' with brass for a distance of 142.09 feet to a concrete monument with brass for a distance of 141.96 feet to a concrete monument with brass for a distance of 212.50 feet to a concrete monument with brass for a distance of 351 .65 feet to a concrete monument with brass for a distance of 269. 72 feet to a concrete monument with brass for a distance of 131.40 feet to a concrete monument with brass N 88° 15' 57'' E for a distance of 682.82 feet to the northeast line of the beforementioned 158 acre tract, from which a 1/2" iron rod found (with cap) bears N 88° 15' 57" E -0.50 feet; THENCE S 46° 02' 08" E along the northeast line of the beforementioned 158 acre tract, same being the southwest line of the 217.5 acre tract as recorded in Volume 2597, Page 186, of the Official Records of Brazos County, Texas, adjacent to a fence, for a distance of 397.32 feet to a crosstie fence corner marking the east corner of the 158 acre tract, same being the south corner of the 217.5 acre tract and same being in the northwest line of the called 316.0221 acre tract as recorded in Volume 3905, Page 55 of the Official Records of Brazos County, Texas. 3740 Copperfield Drive, Suite 101 •Bryan, Texas 77802 P.O. Box 4233 • Bryan, Texas 77805 Phone (979) 731-8400 • FAX (979) 731-8408 THENCE S 44° 46' 50" W along the southeast line of the beforementioned 158 acre tract, same being the northwest line of the beforementioned 316.0221 acre tract,. adjacent to a fence, for a distance of 2025.47 feet to a 1/2' iron rod found at a 4" creosote post fence corner marking the occupied south corner of the 158 acre tract, same being the west corner of the 316.0221 acre tract and same being in the norheast line of the called 303.97 acre (202.65 acre net) tract described in Volume 4027, Page 29, of the Official Records of Brazos County, Texas, from which a 4" creosote post fence corner bears N 44° 20' 14" E -24.2 feet; THENCE N 45° 56' 40" W along the common, occupied line between the beforementioned 148 acre tract and the beforementioned 303.97 acre tract, adjacent to a fence and nearly parallel with and approximately 24 feet southwest of another fence line, for a distance of 641.67 feet to a 1 /.2" iron rod found at a crosstie fence corner marking the north corner of the 303.97 acre tract in the southeast line of the Baker Estate -called 29.405 acre tract as recorded in Volume 2488, Page 64 of the Official Records of Brazos County, Texas, and Volume 223, Page 147 of the Deed Records of Brazos County, Texas; THENCE N 42° 16' 05" E along the southeast line of the beforementioned 29.405 acre tract, adjacent to a fence, for a distance of 23.02 feet to a crosstie fence corner marking the occupied east corner of the 29.405 acre tract; THENCE along the occupied southwest line of the beforementioned 158 acre tract, same being the northeast line of the beforementioned 29.405 acre tract and the northeast line of a 46.5' wide access strip (leading from Barron Cutoff Road to the 29.405 acre tract), adjacent to a fence, as follows: N 46° 06' 50" W for a distance of 811 .64 feet to a 4" creosote post fence corner marking the occupied north corner of the 29.405 acre tract, same being the occupied east corner of the 48.5' access strip, N 45° 49' 16" W for a distance of 498.35 to a 2" cedar post fence angle point, N 44 ° 29' 45" W for a distance of 415.43 to a 3" creosote post fence comer in the southeast line of Barron Cutoff Road marking the occupied north corner of the said access strip; THENCE N 46° 01' 20" W continuing along there-constructed southwest line of the beforementioned 158 acre tract, along the centerline of the existing pavement of Barron Cutoff Road (and it's southward projection) for a distance of 668.21 feet to the PLACE OF BEGINNING, containing 75.07 acres of land, more or less, of which 0.41 acre lies within Barron Cutoff Road. SAVE AND EXCEPT: 14.930 acres of land being out of that certain tract or parcel of land, lying and being situated in the ROBERTSON STEVENSON SURVEY, Abstract No. 54, College Station, Brazos County, Texas and being same property described in General Warranty Deed from BCS Development Company to College Station Independent School District recorded in Volume 11873, Page 269 of the Official Public Records of Brazos County, Texas. Note: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area of land is not a representation that such area or quantity is correct, but made only for informational and/or Identification ~e8pp~@I#Nl\i~Qm9¥<n#ci~ W2tz.s27~~dule B hereof. · P.O. Box 4233 • Bryan, Texas 77805 Phone (979) 731-8400 • FAX (9 79) 731-8408 RECORD TITLE APPEARS TO BE VESTED IN: BCS Development Company · THE STATE OF TEXAS )( COUNTY OF BRAZOS )( We, AGGIELAND TITLE COMPANY, hereby certify that we have carefully ' . examined the records in the Office of the County Clerk of Brazos County, Texas, and find nothing of record affecting title to the above captioned lands subsequent to: November 11, 2013 EXCEPT the following: 1. Memorandum of Oil and Gas Lease dated February 12, 2013, between Ronald Furrer and Beverly J. Furrer, as lessor and EOG Resources, Inc., as lessee, recorded in Volume 11402, Page 188 of the Official Public Records of Brazos County, Texas, and all terms and provisions of said lease. Title to this interest has not been investigated subsequent to date thereof. 2. Memorandum of Oil and Gas Lease dated February 12, 2013, between Jill Mary Dunlap, individually and as Independent Executrix of the Estate of Wayne Allan Dunlap, deceased and Trustee of the Dunlap Family Trust, as lessor and EOG Resources, Inc., as lessee, recorded in Volume 11402, Page 202 of the Official Public Records of Brazos County, Texas, and all terms and provision of said lease. Title to this interest has not been investigated subsequent to date thereof. 3. Memorandum of Oil and Gas Lease dated February 12, 2013, between Thomas L. Brown, Jr. and Crystal Brown, as lessor and EOG Resources, Inc., as lessee, recorded in Volume 11402, Page 241 of the Official Public Records of Brazos County, Texas, and all terms and provision of said lease. Title to this inte~O.~~~~i,tlne~®~cm, clqtf&i.~2 · P.O. Box 4233 •Bryan, Texas 77805 Phone (979) 731-8400 • FAX (979) 731-8408 4. Release of Lien dated February 19, 2014 from Jill Mary Dunlap, individually as Independent Executrix of the Estate of Wayne Allen Dunlap, Deceased, and as Trustee of Dunlap Family Trust; Beverly J. Furrer, Patricia J. Vogel; and Thomas L. Brown, Jr. to BCS Development Company in instrument recorded in Volume 11869, Page 136 of the Official Public. Records of Brazos County, Texas. 5. Temporary Blanket Utility Easement dated February 28, 2014 from BCS Development Company to City of College Station, Texas in instrument recorded in Volume 11878, Page 72 of the Official Public Records of Brazos County, Texas. 6. Encroachment Agreement executed February 20, 2014 by and between Explorer Pipeline Company and Dos Dorado Development, LLC (Developer), BCS Development Co. and City of College Station, as Grantees in instrument recorded in Volume 11886, Page 145 of the Official Public Records of Brazos County, Texas. We find State Tax Liens, Federal Tax Liens, Abstracts of Judgment or Lis Pendens of record against the above captioned property owner as follows: NONE FOUND This certificate is prepared and delivered with the express understanding and agreement, evidenced by the acceptance hereof, that the undersigned is not rendering an opinion as to the title to the lands under investigation herein, and while believing its construction of the records as hereinabove set out to be true and correct, still will incur no liability beyond the fee paid for this certificate by reason of such construction, nor will it be liable for any error or omission of any kind whatsoever. RECORDS searched to the 2°d June 2014 at 7 o'clock a.m. 3740 Copperfield Drive, Suite 101 •Bryan, Texas 77802 · P.O. Box 4233 • Bryan, Texas 77805 Phone (979) 731-8400 •FAX (979) 731-8408 COMMITMENT FOR TITLE INSURANCE Issued By Old Republic National Title Insurance Company SCHEDULE A Effective Date: November 11, 2013, 07:00 am Commitment No.---------~ issued November 18, 2013, 11:45 ~m 1. The policy or policies to be issued are: (a) OWNER'S POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one-to-four family residential real estate) Policy Amount: PROPOSED INSURED: (b) TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSuRANCE -ONE-TO-FOUR FAMILY RESIDENCES (Form T-lR) Policy Amount: PROPOSED INSURED: (c) LOAN POLICY OF TITLE INSURANCE (Form T-2) Policy Amount: $1,441,200.00 GFNo. 28265 PROPOSED INSURED: The Bank & Trust of Bryan/Colleg~ Station, and each successor in ownership of the indebtedness secured by the insured mortgage, except a successor who is an obligor under the p·rovisions of Section 12 (c) of the Conditions and Stipulations. I (d) (e) (f) Proposed Borrower: BCS Development Company TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T-2R) Policy Amount: PROPOSED INSURED: Proposed Borrower: LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) Binder Amount · PROPOSED INSURED: Proposed Borrower: OTHER Policy Amount: PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: Fee Simple 3. Record title to the land on the Effective Date appears to be vested in: · BCS Development Company 4. Legal description of the land: All of that 75.07 acre tract or parcel of land, lying and being situated in the ROBERT STEVENSON SURVEY, ABSTRACT No. 54, College Station, Brazos County, Texas, and being part of the called 154 acre (net) tract describe in the deed from Florence A. Brown to Beverly J. Furrer, Patricia J. Vogel and Thomas L. Brown, Jr., as recorded in Volume 854, page 57, Official Records of Brazos County, Texas, an~ being also described as 158 acres in the deed from D. Brooks Cofer, Jr. and Don Dillon to Wayne A. Dunlap and 'I]homas L. Brown, recorded in Volume 283, page 382, Deed Records of Brazos County, Texas, said 75.07 acre tract being more particularly described as follows: ! COMMENCING at the centerline intersection of the existing pavement of Barron Road and Barron Cutoff Road, same being the supposed west comer of the beforementioned 158 acre tract; THENCE S 46° 01' 20" E along the centerlin~ of the existing pavement of Barron Cutoff Road, same being the supposed southwest line of the beforementioned 158 acre tract for a distance of 360.56 feet to the PLACE OF I BEGINNING of this description; FORM T-7: Commitment for Title Insurance Page 1 Continuation of Schedule A GFNo. 28265 THENCE N 44° 08' 27" E through the interior of the beforementioned 158 acre tract, at a distance of 24.4 feet, pass a 6" creosote post fence corner in the northeast line of Bairon Cutoff Road marking the south corner of a 4.00 acre tract (cut out of the 158 acre tract) as described in Volume 1577, Page 136, of the Official Records of Brazos County, Texas, continue on along the southeast line of said 4.00 acre tract, adjacent to a fence, for a total distance of 369.78 feet to a 1/2" iron rod found (2ith cap) in the southwest right bf way line of State Highway No. 40, from which a 112" iron found at a 4" creosote post fence corner marking the east1corner (now out in Highway 40) of the 4.00 acre tract bears N 44° 08' 27" E -173. 70 feet; THENCE along the southwest and southerly right of way Itiie of State Highway No. 40 (as described in the deed to the State of Texas as recorded in Volume 5884; Page 13, of tqe Official Records of Brazos County, Texas), as follows: S 49° 18' 34" E S 51° 10' 08" E S 53° 31' 38" E S 57° 40' 09" E S 61° 07' 14" E S 65° 57' 10" E S 72° 21' 21" E S 76° 14' 58" E S 80° 20' 11" E S 85° 33' 51" E S 87° 43' 46" E S 88° 57' 55" E S 89°16' 51" E for a distance of 11.98 feet to a concrete monument with brass disc found, for a distance of 134.68 feet to a conhete monument with brass disc found, I for a distance of213.41 feet to a concrete monument with brass disc found, for a distance of213.41 feet to a concrete monument with brass disc found, for a distance of142.29 feet to a concrete monument with brass disc found, for a distance of 355.54 feet to a concrete monument with brass disc found, for a distance of213.31 feet to a concrete monument with brass disc found, for a distance of 142.09 feet to a concrete monument with brass disc found, for a distance of 141.96 feet to a concrete monument with brass disc found, for a distance of212.50 feet to a concrete monument with brass disc found, for a distance of 351.65 feet to a concrete monument with brass disc found, for a distance of269.72 feet to a concrete monument with brass disc found, for a distance of 131.40 feet to a con~rete monument with brass disc found, N 88° 15' 57" E . for a distance of 682.82 feet to the ;northeast line of the beforementioned 158 acre tract, from which a 1/2" iron rod_ found (with cap) bears N 88° 15' 57" E -0.50 feet; THENCE S 46° 02' 08" E along the northeast line of the tieforementioned 158 acre tract, same being the southwest line of the 217.5 acre tract as recorded in Volume 2597, Page 186, of the Official Records of Brazos County, Texas, adjacent to a fence, for a distance of 397.32 feet to a crosstie fence corner marking the east corner of the 158 acre tract, same being the south corner of the 217.5 acre tract and; same being in the northwest line of the called 316.0221 acre tract as recorded in Volume 3905, Page 55 of the Official Records of Brazos County, Texas. THENCE S 44° 46' 50" W along the southeast line of the beforementioned 158 acre tract, same being the · northwest line of the beforementioned 316.0221 acre tract, adjacent tp a fence, for a distance of 2025.47 feet to a 112' iron rod found at a 4" creosote post fence corner marking the occupied south corner of the 158 acre tract, same being the west corner of the 316.0221 acre tract and same being in tlie no~heast line of the called 303.97 acre (202.65 acre net) tract described in Volume 4027, Page 29, of the Official Reco~ds of Brazos County, Texas, from which a 4" creosote post fence corner bears N 44° 20' 14" E -24.2· feet; THENCE N 45° 56' 40" W along the common, occupied line between the beforementioned 148 acre tract and the beforementioned 303.97 acre tract, adjacent to a fence and nearly parallel with and approximately 24 feet FORM T-7: Commitment for Title Insurance Page2 · Contintiation of Schedule A GFNo. 28265 I southwest of another fence line, for a. distance of 641.67 feet to a 112" iron rod found at a crosstie fence comer marking the north corner of the 303.91 acre tract in the southeast line of the Baker Estate -called 29.405 acre tract as recorded in Volume 2488, Page 64 of the Official Records of Brazos County, Texas, and Volume 223, Page 147 of the I Deed Records of Brazos County, Texas; THENCE N 42° 16' 05" E along the southeast line of the beforementioned 29.405 acre tract, adjacent to a fence, for a distance of23.02 feet to a crosstie fence corner marking th~ occupied east corner of the 29.405 acre tract; THENCE along the occupied southwest line of the beforementioned 158 acre tract, same being the northeast line of the beforementioned 29.405 acre tract and the northeast line of a 46.5' wide access strip (leading from Barron Cutoff Road to the 29.405 acre tract), adjacent to a fence, as follows: ' N 46° 06' 50" W for a distance of 811.64 feet to a 4" creosote post fence corner marking the occupied north corner of the 29.405 acre tract, same being the occupied east comer of the 48.5' access strip, N 45° 49' 16" W for a distance of 498.35 to a 2" ceda~ post fence angle point, N 44° 29' 45" W for a distance of 415.43 to a 3" creosote post fence corner in the southeast line of Barron Cutoff Road marking the occupied north comer ' of the said access strip; THENCE N 46° 01' 20" W continuing along there-constructed south1Vest line of the beforementioned 158 acre tract, along the centerline of the existing pavement of Barron Cutoff Road (and it's southward projection) for a distance of 668.21 feet to the PLACE OF BEGINNING, containing 75.07 acres; of land, more or less, of which 0.41 acre lies within Barron Cutoff Road. · Note: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area of land is not a representation that such area or quantity is correct, but made only for informational and/or Identification purposes and does nor override Item No. 2 Schedule B hereof. FORM T-7: Commitment for Title Insurance Page 3 COMMITMENT FOR TITLE INSvRANCE Issued By Old Republic National Title Insurance Company SCHEDULEB EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will riot cover loss, costs, attorneys' fees, and expenses resulting from: l. The follovliag restrictive coye:a;mts of record itemized belov1 f!Ne Bl-list. either insert specific recerdiBg data or delete this e~Eceptien): 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. Company bas approved the current land title survey and upon request, and payment of any promulgated premium, this item will be amended in the policy(ies) to be issued to read: 'shortages in area'. I ~-Homestead or community property or survivorship rights, if any, of an)\ spouse of any insured. (Applies to the Owner's Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of harbor or bulkhead lines as established pr changed by any government, or c. to filled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner's Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year ,2012, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short Form Residential Loan Policy (T-2R) is issued, that policy will substitute "which become due and paya~le subsequent to Date of Policy" in lieu of "for the year __ and subsequent years.") 6. The terms and conditions of the documents creating your interest in the land. 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead. of the owner. (Applies to the Loan Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) 8. ·Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Loan Policy (T-2) only.) FORM T-7: Commitment for Title Insurance Page4 · Continuation of Schedule B GFNo. 28265 9. The Exceptions from Coverage _and Express Insurance in Schedule B tjf the Texas Short Form Residentici.l Loan Policy (T-2R). (Applies to Texas Short Form Residential Loan Policy (T-2R!~ only. Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Loan Policy (T-2R). I 10. The following matters and all terms of the documents creating or offering !evidence of the matters C:We must insert matters or delete this exception.): [ a. b. c. d. e. f. g. h. i. j. k. I. I Any easement that may affect the property, such as roadway~, sewer, telephone, water and/or telephone and electrical lines. ! I Any portion of subject property lying within the boundahes of a public or private roadway whether dedicated or not, including a 0.41 acre portion of land lying in the Barron Cut-Off Road right-of-way, as shown on a survey made under the supervision of S. M. Kling! R.P.L.S. No. 2003, dated June, 2003. This policy does not cover any claim or rights in and to anJ portion of subject property lying between the fence and the property line on the upper and lower southwelsterly portions of the tract as shown on survey dated June, 2003 prepared by S. M. Kling, R.P.L.S. No. 2003.1 Abandoned well pad in the westerly portion of the tract, a~ shown and noted on survey dated June, 2003 prepared by S. M. Kling, R.P.L.S. No. 2003. 1 I Easement for pipe lines as shown in instrument from W. S. B~rron and Verna F. Barron to Sinclair Refining Company, dated October 6, 1947 and recorded in Volume i32, page 123, Deed Records of Brazos County, I Texas. . I Easem~nt for water pipe lines as shown in instrument fro .. Wayne A. Dunlap and Thomas L. Brown to Wellborn Water Supply Corporation, dated January 12, 1972 and recorded. in Volume 303, page 296, Deed Records of Brazos County, Texas. I I Easement for electric transmission as shown in instrument fr~m Wayne A. Dunlap and Thomas L. Brown to City of Bryan, Texas, dated February 19, 1976 and recorded in Volume 350, page 130, Deed Records of I Brazos County, Texas. I i Easement for electric transmission as shown in instrument frpm Wayne A. Dunlap and Thomas L. Brown to City of Bryan, Texas; dated March 31, 1981 and recorded , Volume 479, page 267, Deed Records of Brazos County, Texas. , i Easement for pipe lines as shown in instrument from WaynelA. Dunlap and Thomas L. Brown to Producers Gas Company, dated July 27, 1981 and recorded in Volum~ 534, page 88, Deed Records of Brazos County, Texas and partially released in instrument dated January 16,1"2013 and recorded in Volume 11138, page 38 of the Official Public Records of Brazos County, Texas. . Assignment from Lear Petroleum Corporation, BP Gas T*ansmission Company, and BP Gas Gathering Company to Hanover Energy, Inc., dated September 21, 1988, recorded in Volume 1076, page 304, Official Records of Brazos County, Texas. I Assignment from Hanover Energy, Inc. to Southwestern !Gas Pipeline, Inc., dated February 28, 1989, recorded in Volume 1135, page 473, Official Records ofBraz~s County, Texas. Easement for telephone communications· as shown in instrJment from Wayne Dunlap, Beverly J. Furrer, Patricia J. Vogel, and Thomas L. Brown, Jr. to Williams Cqmmunications, Inc., dated August 10, 1999 and recorded in Volume 3621, page 334, Official Records of Brazos County, Texas. FORM T-7: Commitment for Title Insurance Page 5 Continuation of Schedule B · GFNo.28265 m. n. o. p. q. r. s. t. u. v. w. x. I Easement for telephone communications as shown in instrnment from Wayne Dunlap, Beverly J. Furrer, Patricia J. Vogel, and Thomas L. Brown, Jr. to Williams C~mmunications, Inc., dated August 23, 1999 and recorded in Volume 3621, page 341, Official Records of Brazos County, Texas. . I Easement for telephone communications as shown in inst~ment from Wayne Dunlap, Beverly J. Furrer, Patricia J. Vogel, and Thomas L. Brown, Jr. to Williams Communications, Inc., dated August 30, 1999-and recorded in Volume 3621, page 345, Official Records of Brafos County, Texas. Easement for telephone communications as shown in instrument from Wayne Dunlap, Beverly J. Furrer, Patricia J. Vogel, and Thomas L. Brown, Jr. to Williams Cdmmunications, Inc., dated August 19, 1999 and recorded in Volume 3622, page 1, Official Records ofBrazo~ County, Texas. I Temporary Easement as set out in instrument from Wayne Dunlap, Beverly J. Furrer, Patricia J. Vogel, and Thomas L. Brown, Jr. to The State of Texas,, dated April 194 2004 and recorded in Volume 6060, page 109, Official Records of Brazos County, Texas. 1 I Easement granted to City of College Station, Texas by BCS pevelopment Company as set out in instrument dated August 20, 2007, recorded in Volume 8250, Page 105 of the Official Public Records of Brazos County, Texas. · I Groundwater Rights Warranty Deed dated September 4, 2012 from BCS Development Company to DWP Mineral and Water Interests, LLC as set in instrument recqrded in Volume 10903, Page 242 of the Official Public Records of Brazos County, Texas and all terms, condi~ions and stipulations contained therein. Title to these rights haS not been investigated subsequent to date the11eof. . I Royalty interest in the oil, gas and other minerals in and under the herein described property reserved in deed from Verna F. Barron to James L. Gilliam dated Augdst is, 1957, recorded in Volume 183, page 569, Deed Records of Brazos County, Texas. Title to this inter~st not investigated subsequent to date of said instrument ' Estate created by oil, gas and mineral lease granted to CoIOnial Royalties Company by B. J. Carter and wife, Jerry Carter in instrument dated April 3, 1962 and rec+ded in Volume 16, page 583 of the Oil, Gas and Mineral Lease Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Title to this lease has not been investigated subsequent to dat~ thereof. Estate created by oil, gas and mineral lease granted to Jack W. Lester, Sr. by Wayne A. Dunlap and Thomas L. Brown in instrument dated June 1, 1970 and recorded in Volume 21, page 333 of the Oil, Gas and Mineral Lease Records of Brazos County, Texas, and all terms, condi~ions and stipulations contained therein. Title to this lease has not been investigated subsequent to date thereo~. i Estate created by oil, gas and mineral lease granted to Cities Service Company by Thomas L. Brown in instrument dated October 20, 1976 and recorded in Volume !24, page 385 of the Oil, Gas and Mineral Lease Records of Brazos County, Texas, and all terms, conditions iand stipulations contained therein. Title to this lease has not been investigated subsequent to date thereof. ! .1 Estate created by oil, gas and mineral lease granted to Cities 1 service Company J:>y Wayne A. Dunlap and Jill Mary Dunlap in instrument dated October 20, 1976 and recorded in Volume 24, page 517 of the Oil, Gas and Mineral Lease Records of Brazos County, Texas, and all ter~s, conditions and stipulations contained therein .. Title to this lease has not been investigated subsequent to date thereof. I Estate created by oil, gas and mineral lease granted to Com~adore Oil & Gas, Inc. by Wayne A. Dunlap and Jill Mary Dunlap in instrument dated July 5, 1983 and reco~ded in Volume 89, page 533 of the Oil, Gas and Mineral Lease Records of Brazos County, Texas, and all ternis, conditions and stipulations contained therein. Title _to this lease has not been investigated subsequent to datJ thereof. · · . FORM T-7: Commitment for Title Insurance Page6 Continuation of Schedule B GFNo. 28265 y. z. aa. bb. cc. I Estate created by oil, gas and inineral lease granted to Edco Energy, Inc. by Ronald Furrer and Beverly Furrer in instrument dated October 21, 1991 and recorded ml Volume 1379, page 90 of the Official Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Title-to this lease has not been investigated subsequent to date thereof. : ! Estate created by oil, gas and mineral lease granted to Edcol Energy, Inc. by Thomas L. Brown and Crystal Brown in instrument dated October 21, 1991 and recorded in Volume 1393, page 184 of the Official Records of Brazos County, Texas, and all terms, conditiOns and stipttlations contained therein. Title to this lease bas not been investigated subsequent to date thereof. J i Estate created by oil, gas and mineral lease granted to Edco Energy, Inc. by Wayne A. Dunlap and Jill Mary Dunlap in instrument dated October 21, 1991 and recorded ili Volume 1674, page 156 of the Official Records of Brazos County, Texas, and all terms, conditions and stip~lations contained therein. Title to this lease has not been investigated subsequent to date thereof. 1 • I Estate created by oil, gas and mineral lease granted to Edco ~nergy, Inc. by Richard F. Vogel and Patricia J. Vogel in instrument dated October 21, 1991 and recorded in Volume 1674, page 161 of the Official Records of Brazos County, Texas, and all terms, conditions and stipulatfons contained therein. Title to this lease bas not been investigated subsequent to date thereof. : Rights of parties in possession. FORM T-7: Commitment for Title Insurance Page 7 I COMMITMENT FOR TITLE INSURANCE lssued By ! Old Republic National Title Insurance Company SCHEDULEC I Your Policy will not cover loss, costs, attorneys' fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our Jatisfaction, before the date the Policy is issued: I i 1. Documents creating your title or interest must be approved by us and mus~ be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: I I a. no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A I ' I b. all standby fees, taxes, assessments and charges against the prop~ have been paid, i c. all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, subcontractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, i d. there is legal right of access to and from the land, e. (on a Loan Policy only) restrictions have not been and will not be violated that affect the validity and priority of the • I msured mortgage. ! i 3. You must pay the seller or borrower the agreed amount for your property or interest. I 4. Any defect, lien or other matter that may affect title to the land or intere\st insured, that arises or is filed after the effective date ofthis Commitment. I 5. We require a transfer of the lien as set out in the Deed of Trust from ~CS Development to Wayne Dunlap, Beverly Furrer, Patricia Vogel and Thomas L. Brown, Jr. recorded in Volu~e 7088, page 252 of the Official Public Records of Brazos County, Texas. Transferee to be Bank & Trust of Bryan/College Station. Said Deed of Trust has been partially released as to 16.754 acres as set out in Release of Lien dated I October 17, 2011 and recorded in Volume 10433, Page 227 of the Official Public Records of Brazos County, Tex~s. I i 6. Deed of Trust dated October 17, 2011 from BCS Development Compapy to Ivan M. Olson, Trustee, securing the payment of one note of even date therewith in the principal sum of $1,!Wl,200.00, and any other amounts payable under the terms thereof, payable to The Bank & Trust of Bryan/College Station, filed for record with the County Clerk of Brazos County, Texas, on October 18, 2011, recorded in Voltiline 10379, page 29 of the Official Public I Records of Brazos County, Texas. 1 I 7. Extension of Real Estate Note and Lien in instrument dated April 30, l013, recorded in Volume 11363, page 268, Official Public Records, Brazos County, Texas, between BCS Developfuent Company and The Bank & Trust of Bryan/College Station. : I 8. Extension of Real Estate Note and Lien in instrument dated July 30, 2013, recorded in Volume 11580, page 11, Official Public Records, Brazos County, Texas, between BCS Developfuent Company and The Bank & Trust of Bryan/College Station. ! FORM T-7: Commitment for Title Insurance Countersigned _ 1 Aggieland Title Compa~y By c:·~&~ I I I Page 8 .I I COMMITMENT FOR TITLE INS~L I SCHEDULED GFNo.28265 Effective Date: November 11, 2013, 07:00 am Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates and Form~ for the writing of Title Insurance in the State of Texas, the foµowing disclosures are made: · , 1. The following individuals are directors and/or officers, as indicated, of the Title Insurance Company issuing this Commitment I DIRECTORS OF OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY HARRINGTON BISCHOF DENNIS P. VAN MIEGHEM JOHN M. DIXON JAMES A. KELLOGG I JAMES HELLAUER RANDE K. YEAGER ARNOLD L. STEINER ClIARLES F. TITIERTON i A. C. WCARO LE01E. KNIGHT, JR. STEVER. WALKER FRE:pERlCKA TAUBITZ I OFFICERS OF OLD REPUBLIC NATIONAL TITLE INSUR,W'CE COMP ANY MARK BILBREY, President RANDE K. YEAGER, Chairman and CEO GARY J. HORN, Executive Vice President MARK M. BUDZINSKI, Executive Vice President I R. WAYNE SHUPE, Executive Vice President PA TRICK A. CONNOR, Executive Vice President CHERYL JONES, Executive Vice President l\1IKE TARPEY, Vice President , Treasurer CHARLES KOY ALESKI, Executive Vice President ROBpRT J. CHAPMAN, Executive Vice President STEPHEN C. WILSON, Executive Vice President, Vice DAlilE'.L M. WOLD, Sr. Vice President, Secretary, Chairman General Council JOHN A. MAGNESS, Executive Vice President Shareholders owning, controlling or holding, either p.ersonally or beneficially, 10% or more of the shares of Old Republic National Title Insurance Company as the lak day of the y~ar preceding the date herein above set forth are as follows: Old Republic National Title Insurance Company-100%, a wholly owned subsidiary of Old Republic Title Insurance Group, Inc., a wholly owned subsidiary ofiold Republic International Corporation. I 2. The following disclosures are made by the Title Insurance Agent issuing thi~ Commitment: Aggieland Title Company Owners Directors : Officers Page D. Thornton Page D. Thornton Page D. Thornton, President J. Fred Bayliss Page D. Thornton, Secretary Page D. Thornton, Treasurer Page D. Thornton, Office Manager Tebbi S. Mayes, Office Co-Manager 3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving a portion of the premium from the settlement of thls transaction will be disclosed on the closing or settlement statement. l ' ' You are further advised that the estimated title premium· is: ' Owner's Policy $0.00 Loan Policy l $7 ,178.80 Endorsement Charges $75.00 Other $0.00 Total I $7,253.80 . I Of this to~l amount: 15% will be paid to the policy issuing Title Insurance Comp~y: 85% will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: Amount To Whom : For Services I " ·The estimated premium is based upon information furnished to us as of the ~te of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordanbe with the Rules and Regulations adopted by the Commissioner of Insurance." i -I FORM T-7: Commitment for Title Insurance Page 1 ' > i DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential oirner's Policy) Arbitration is a common form of alternative dispute resolution. It can be. a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you ~ee to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of eY:idence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. i Your policy contains an arbitration provision (shown below). It ~llows you or the Company to require arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and refurning it to the Company at or before the closing of your real estate transaction or by writing to the Coropany. The arbitration provision in the Policy is as follows: "Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Lana Title Association {"Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with tlaims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controvers~ or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual ~erson (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of ~,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant ito this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by ~e Arbitrator(s) may be entered in any court of competent jurisdiction." : SIGNATURE FORM T-7: Commitment for Title Insurance Page 1 CITY OF C m .LEGE STATIO Home of Texas A&M University• PLANNING & DEVELOPMENT SERVICES TRANSMITTAL LETTER Please check one of the options below to clearly define the purpose of your submittal. [R] New Project Submittal O Incomplete Project Submittal -documents needed to complete an application. Case No.: ~~~~~~~~~ 0 Existing Project Submittal. Case No.: Project Name Barron Crossing Contact Name J. Dale Browne Jr. P.E. Phone Number 979-693-3838 ~~~~~~~~~~~~~- We are transmitting the following for Planning & Development Services to review and comment (check all that apply): 0 Comprehensive Plan Amendment 0 Non-Residential Architectural Standards 0 Rezoning Application 0 Irrigation Plan 0 Conditional Use Permit 0 Variance Request [R] Preliminary Plan 0 Development Permit 0 Final Plat 0 Development Exaction Appeal 0 Development Plat 0 FEMA CLOMA/CLOMR/LOMA/LOMR 0 Site Plan 0 Grading Plan 0 Special District Site Plan 0 Other -Please specify below 0 Special District Building I Sign 0 Landscape Plan INFRASTRUCTURE AND ENGINEERING DOCUMENTS All infrastructure documents must be submitted as a complete set. The following are included in the complete set: 0 Comprehensive Plan Amendment 0 Waterline Construction Documents 0 TxDOT Driveway Permit 0 Sewerline Construction Documents 0 TxDOT Utility Permit 0 Street Construction Documents 0 /Drainage Letter or Report [R] Easement Application 0 J Fire Flow Analysis 0 Other -Please specify Special Instructions: 10/10 Print Form -. CASE NO.: DATE SUBMITTED: -='"-~~~~-- TIME: ~A ClTY OP C OLI.EGE STATION Home ofTexaJ A&M U11iversiry0 STAFF: -+-~'<---#------- PLANNING & DEVELOPMENT SERVICES TRANSMITTAL LETTER Please check one of the options below to clearly define the purpose of your submittal. D New Project Submittal D Incomplete Project Submittal -documents needed to complete an application. Case No .: ~ Existing Project Submittal. Case No.: 14-00900152 Project Name Barron Crossing Contact Name J. Dale Browne Jr. P.E. W 7 ft7(t +Pho ne Number 979-693-3838 ~-'----'--'--"-"-'-'-''---------~ We are transmitting the following for Planning & Development Services to review and comment (check all that apply): D Comprehensive Plan Amendment D Rezoning Application D Conditional Use Permit ~ Preliminary Plan D Final Plat D Development Plat D Site Plan D Special District Site Plan D Special District Building I Sign D Landscape Plan D Non-Residential Arch itectural Standards D Irrigation Plan D Variance Request D Development Permit D Development Exaction Appeal D FEMA CLOMA/CLOMR/LOMA/LOMR D Grad ing Plan D Other -Please specify below INFRASTRUCTURE AND ENGINEERING DOCUMENTS All infrastructure documents must be submitted as a complete set. The following are included in the complete set: D Comprehensive Plan Amendment D Waterline Construction Documents D TxDOT Driveway Permit D Sewerline Construction Documents D TxDOT Utility Permit D Street Construction Documents D Drainage Letter or Report D Easement Application D Fire Flow Analysis D Other -Please specify Special Instructions: 10/10 Print Form CITY OF C OLL.EGE STATION Home of Texas A&M University" MEMORANDUM RESPONSE TO COMMENTS July 15, 2014 TO: Doug French, VP of BCS Development, via; dfrench@stylecraftbuilders.com FROM: Jason Schubert, AICP, Principal Planner SUBJECT: BARRON CROSSING (PP) -Preliminary Plan Staff reviewed the above-mentioned preliminary plan as requested . The following page is a list of staff review comments detailing items that need to be addressed. Please address the comments and submit the following information for further staff review and to be scheduled for a future Planning & Zoning Commission meeting : City of College Station Transmittal Letter; Memo providing written responses to all of staff's comments; One (1) 24" x 36" copy of the revised Preliminary Plan; and Thirteen (13) 11 " x 17" copies of the revised Preliminary Plan. Upon receipt of the required documents for the Planning & Zoning meeting, your project will be considered formally filed with the City of College Station. Please note that this application will expire in 90 days from the date of this memo, if the appl icant has not provided written response comments and revised documents to the Administrator that seek to address the staff review comments contained herein. If all comments have not been addressed, your project will not be scheduled for a Planning & Zoning Commission agenda. Once your item has been scheduled for the P&Z meeting, the agenda and staff report can be accessed at the following web site on Monday the week of the P&Z meeting. http://www.cstx.gov/pz If you have any questions or need additional information, please ca ll me at 979.764.3570. Attachments: Staff review comments cc: J. Dale Browne Jr, P.E., McClure & Browne Engineering/Survey, via ; daleb@mcclurebrowne.com Case file #14-00900152 Planning e!r Development Services P.O. BOX 9960 • 1101 TEXAS AVENUE · COLLEGE STATION · TEXAS · 77842 TEL. 979.764.3570 ·FAX. 979.764.3496 cstx.gov/devservices STAFF REVIEW COMMENTS NO. 1 Project: BARRON CROSSING (PP) -(14-00900152) PLANNING (Responses provided by J. Dale Browne, Jr., P.E.) 1. Dead end alleys greater than 100 feet in length are prohibited . Please revise the alleys at the rear of Blocks 2&3 and Block 8. Please find attached revised pages 2 & 3 of the application requesting a waiver from Section 12-8.3., F., 4. of the UDO. 2. Verify that there is sufficient turning radius for fire and sanitation vehicles at the intersection of two alleys such that it meets the radii provided in the College Station Site Design Standards. The intersections are such that they are compliant with the College Station Site Design Standards. Also, Steve Smith confirmed compliance via phone conversation. 3. If TxDOT access restrictions exist along this portion of William D. Fitch Parkway, please depict them on the plan and labeled with volume and page . The TxDOT controlled access area is too far east/south to be depicted on the drawing plan. 4. Label the volume and page for W.S. Philips Parkway right-of-way and Bridgewood Phase 1. Labeling for the W. S Phillips Parkway R.O.W. and Bridgewood Phase 1 has been revised as per our conversation. 5. Provide a note that all townhome lots with access to a public alley shall only have driveway access via the alley. Requested note has been added to the plan as Note 20. 6. Provide a note that all townhome units shall face the public street to which they have frontage . Requested note has been added to the plan as Note 21 . 7. Provide a note that the dumpster pad and enclosure areas shall that meet the College Station Site Design Standards including for interior clearance and enclosures facing a public street right-of-way shall have gates. Requested note has been added to the plan as Note 22. 8. Provide a note that construction including solid fences shall not impede, constrict, or block the flow of water in a public drainage easement. Requested note has been added to the plan as Note 23. 9. Please be aware that parkland dedication fee in lieu in the amount of $98,358 (78 lots x $1 ,261 per lot) will be due before the final plat can be filed for record. Duly noted . 10. Please be aware that each town home unit is to provide off-street parking on the lot in the amount of at least one space per bedroom. Duly noted. 11 . Any changes made to the plans which have not been requested by the City of College Station must be explained in your next transmittal letter. Duly noted. Reviewed by: Jason Schubert Date: July 15, 2014 ENGINEERING COMMENTS NO. 1 (Responses provided by J. Dale Browne, Jr., P.E.) 1. Please tie the lot corners to the City's horizontal control monument. Horizontal control monumentation has been added to the plan. 2. Show sanitary sewer service extending through the property to serve the Thomas property to the northwest. The sanitary sewer line has been extended to the Thomas property as requested. 3. The alleys serving the townhomes fronting WO Fitch and WS Phillips will also need to function as fire lanes and must be a minimum 20-ft wide with turnarounds or secondary egress. Parking within the alleys/fire lanes will be prohibited. Duly noted. Reviewed by: Erika Bridges Date: July 7, 2014 2 of 4 ADDRESSING (Responses provided by J. Dale Browne, Jr., P.E.) 1. Please propose a street name for Street "A". Please go to the following web site for a list of street names that already exist, and therefore, cannot be used. http://www.brazos911 .dst.tx.us/msag/ The street name has been revised as requested. 2. Please change Milky Way Drive. Two suffixes are not allowed. The street has been renamed. Reviewed by: Robin Krause , Permit Technician Date : July 1, 2014 FIRE (Responses provided by J. Dale Browne, Jr., P.E.) 1. W.S. Phillips Parkway needs to be built as the second entrance before the final plat can be filed or only 30 lots can be constructed . Duly noted. 2. The pavement for the alley behind Block 2 needs to connect to Barron Cut-Off to provide fire access to those lots since access won 't be from W.S. Phillips Parkway. Duly noted . Please propose to install Grasspave2 and a gate with a knox box for emergency access only. A laydown curb, thicker concrete sidewalk and ribbon curb del ineating the emergency access driveway wi ll be installed as part of the alley connection of Barron Cut-Off. Reviewed by: Steve Smith Date: June 19, 2014 ELECTRICAL COMMENTS REQUIRING IMMEDIATE ATTENTION (Responses provided by J. Dale Browne, Jr., P.E.) 1. SITE PLAN/PLAT: Developer will provide CSU with a digital, AutoCAD dwg format, version of plat and I or site plan as soon as it is available. Email to: ehorton@cstx.gov Duly noted. 2. LOAD DATA: The developer will provide load data to CSU as soon as it is available. This information is critical for CSU to accurately determine the size and number of transformers, and other equipment, required to provide service to the project. Failure to provide load data will result in construction delays and , due to clearance requirements, could affect the final building footprint. Delivery time for transformers and other equipment not in stock is approximate 26 weeks . Duly noted. 3. EASEMENTS: Developer provides temporary blanket easement for construction purposes and upon completion of project must provide descriptive easements for electric infrastructure as designed by CSU. Duly noted. 4. EASEMENTS: Developer provides descriptive easements for electric infrastructure as designed by CSU , as shown on plat. Duly noted . 5. If easements are existing , the developer will be responsible for locating easements on site to insure that electrical infrastructure is installed within easement boundaries . Duly noted. GENERAL ELECTRICAL COMMENTS (Responses provided by J. Dale Browne, Jr., P.E.) 1. Developer installs conduit per CSU specs and design. Duly noted . 2. CSU will provide drawings for electrical installation . Duly noted. 3. Developer provides 30' of rigid or IMC conduit for each riser conduit. CSU installs riser. Duly noted. 4. Developer will intercept existing conduit at designated transformers or other existing devices and extend as required . Duly noted. 5. If conduit does not exist at designated transformer or other existing devices, developer will furnish and install conduit as shown on CSU electrical layout. Duly noted . 3 of 4 ' .... 6. Developer pours electric device pads or footings, i.e. transformers, pull boxes, or other device, per CSU specs and design. Duly noted. 7. Developer installs pull boxes and secondary pedestals per CSU specs and design, Pull boxes and secondary pedestals provided by CSU. Duly noted. 8. Final site plan must show all proposed electrical facilities necessary to provide electrical service, i.e. transformers, pull boxes, or switchgears, all meter locations, and conduit routing as designed by CSU . 9. To discuss any of the above electrical comments please contact Eric Horton at 979 .764.6280. Reviewed by: Eric Horton Date: July 14, 2014 SANITATION (Responses provided by J. Dale Browne, Jr., P.E.) 1. Sanitation is ok with this project. Great! Reviewed by: Wally Urrutia Date: June 20 , 2014 4 of 4 MEMORANDUM July 15, 2014 TO: Doug French, VP of BCS Development, via ; dfrench@stylecraftbuilders.com FROM: Jason Schubert, AICP, Principal Planner SUBJECT: BARRON CROSSING (PP) -Preliminary Plan Staff reviewed the above-mentioned preliminary plan as requested. The following page is a list of staff review comments detailing items that need to be addressed. Please address the comments and submit the following information for further staff review and to be scheduled for a future Planning & Zoning Commission meeting: City of College Station Transmittal Letter; Memo providing written responses to all of staff's comments; One (1) 24" x 36" copy of the revised Preliminary Plan; and Thirteen (13) 11 " x 17" copies of the revised Preliminary Plan . Upon receipt of the required documents for the Planning & Zoning meeting, your project will be considered formally filed with the City of College Station. Please note that this appiication will expire in 90 days from the date of this memo, if the applicant has not provided written response comments and revised documents to the Administrator that seek to address the staff review comments contained herein. If all comments have not been addressed, your project will not be scheduled for a Planning & Zoning Commission agenda. Once your item has been scheduled for the P&Z meeting, the agenda and staff report can be accessed at the following web site on Monday the week of the P&Z meeting. http://www.cstx.gov/pz If you have any questions or need additional information, please call me at 979.764.3570. Attachments: Staff review comments cc: J. Dale Browne Jr, P.E., McClure & Browne Engineering/Survey, via ; daleb@mcclurebrowne.com • -·"'~Vt.:"'-,·· Case file #14-00900152 Planning & Development Services P.O. BOX 9960 • 1101 TEXAS AVENUE ·COLLEGE STATION ·TEXAS • 77842 TEL 979.764.3570 ·FAX. 979.764.3496 cstx.gov/devservices STAFF REVIEW COMMENTS NO. 1 Project: BARRON CROSSING (PP) -(14-00900152) PLANNING 1. Dead end alleys greater than 100 feet in length are prohibited. Please revise the alleys at the rear of Blocks 2&3 and Block 8. 2. Verify that there is sufficient turning radius for fire and sanitation vehicles at the intersection of two alleys such that it meets the radii provided in the College Station Site Design Standards. 3. If TxDOT access restrictions exist along this portion of William D. Fitch Parkway, please depict them on the plan and labeled with volume and page. 4. Label the volume and page for W.S. Philips Parkway right-of-way and Bridgewood Phase 1. 5. Provide a note that all townhome lots with access to a public alley shall only have driveway access via the alley. 6. Provide a note that all townhome units shall face the public street to which they have frontage. 7. Provide a note that the dumpster pad and enclosure areas shall that meet the College Station Site Design Standards including for interior clearance and enclosures facing a public street right-of-way shall have gates. 8. Provide a note that construction including solid fences shall not impede, constrict, or block the flow of water in a public drainage easement. 9. Please be aware that parkland dedication fee in lieu in the amount of $98,358 (78 lots x $1 ,261 per lot) will be due before the final plat can be filed for record. 10. Please be aware that each townhome unit is to provide off-street parking on the lot in the amount of at least one space per bedroom . 11 . Any changes made to the plans which have not been requested by the City of College Station must be explained in your next transmittal letter. Reviewed by : Jason Schubert Date: July 15, 2014 ENGINEERING COMMENTS NO. 1 1. Please tie the lot corners to the City's horizontal control monument. 2. Show sanitary sewer service extending through the property to serve the Thomas property to the northwest. 3. The alleys serving the townhomes fronting WO Fitch and WS Phillips will also need to function as fire lanes and must be a minimum 20-ft wide with turnarounds or secondary egress. Parking within the alleys/fire lanes will be prohibited. Reviewed by: Erika Bridges Date: July 7, 2014 ADDRESSING 1. Please propose a street name for Street "A". Please go to the following web site for a list of street names that already exist, and therefore, cannot be used. http://www.brazos911 .dst.tx.us/msag/ 2. Please change Milky Way Drive. Two suffixes are not allowed. Reviewed by: Robin Krause, Permit Technician Date: July 1, 2014 2 of 3 FIRE 1. W.S. Phillips Parkway needs to be built as the second entrance before the final plat can be filed or only 30 lots can be constructed. 2. The pavement for the alley behind Block 2 needs to connect to Barron Cut-Off to provide fire access to those lots since access won't be from W .S. Phillips Parkway. Reviewed by: Steve Smith Date: June 19, 2014 ELECTRICAL COMMENTS REQUIRING IMMEDIATE ATTENTION 1. SITE PLAN/PLAT: Developer will provide CSU with a digital, AutoCAD dwg format, version of plat and I or site plan as soon as it is available. Email to: ehorton@cstx.gov 2. LOAD DATA: The developer will provide load data to CSU as soon as it is available. This information is critical for CSU to accurately determine the size and number of transformers, and other equipment, required to provide service to the project. Failure to provide load data will result in construction delays and, due to clearance requirements, could affect the final building footprint. Delivery time for transformers and other equipment not in stock is approximate 26 weeks. 3. EASEMENTS: Developer provides temporary blanket easement for construction purposes and upon completion of project must provide descriptive easements for electric infrastructure as designed by CSU. 4. EASEMENTS: Developer provides descriptive easements for electric infrastructure as designed by CSU, as shown on plat. 5. If easements are existing , the developer will be responsible for locating easements on site to insure that electrical infrastructure is installed within easement boundaries. GENERAL ELECTRICAL COMMENTS 1. Developer installs conduit per CSU specs and design. 2. CSU will provide drawings for electrical installation. 3. Developer provides 30' of rigid or IMC conduit for each riser conduit. CSU installs riser. 4. Developer will intercept existing conduit at designated transformers or other existing devices and extend as required. 5. If conduit does not exist at designated transformer or other existing devices, developer will furnish and install conduit as shown on CSU electrical layout. 6. Developer pours electric device pads or footings, i.e. transformers, pull boxes, or other device, per CSU specs and design. 7. Developer installs pull boxes and secondary pedestals per CSU specs and design, Pull boxes and secondary pedestals provided by CSU . 8. Final site plan must show all proposed electrical facilities necessary to provide electrical service, i.e. transformers, pull boxes, or switchgears, all meter locations, and conduit routing as designed by CSU . 9. To discuss any of the above electrical comments please contact Eric Horton at 979. 764.6280. Reviewed by: Eric Horton Date: July 14, 2014 SANITATION 1. Sanitation is ok with this project. Reviewed by: Wally Urrutia Date: June 20, 2014 3 of 3 Jason Schubert From: Sent: To: Cc: Subject: Attachments: Doug, Jason Schubert Tuesday, July 15, 2014 3:52 PM 'dfrench@stylecraftbuilders.com' 'daleb@mcclurebrowne.com' Barron Crossing comments P0044544. docx Good afternoon. After much delay, I'm happy to finally have the comments for you for this preliminary plan. Let me know if you have any questions. Thanks, Jason Jason Schubert, AICP Principal Planner Planning & Development Services City of College Station office: (979) 764-3570 fax: (979) 764-3496 www.cstx.gov City of College Station Home of Texas A&M University @ 1 MEMORANDUM DATE: June 18, 2014 TO: Doug French , VP of BCS Development, via; dfrench@stylecraftbuilders.com FROM : Jason Schubert, AICP, Principal Planner SUBJECT: BARRON CROSSING (PP) Thank you for the submittal of your Preliminary Plan application . Erika Bridges, Graduate Civil Engineer, and I have been assigned to review this project. It is anticipated that the review will be completed and any staff comments returned to you on or before Wednesday, July 2, 2014. Please note that the Preliminary Plan application was updated in April 2014 to require fewer hard copies be submitted. Please use the updated application for future projects. If you have questions in the meantime, please feel free to contact us . PC: J. Dale Browne Jr, P.E., McClure & ~wne Engineering/Survey, via ; daleb@mcclurebrowne.com V~· ~ P&DS Project No. 14-00900152 Pla11ni11g & Development S1rrvices P.O. BOX 9960 • l l OJ TEXAS AVENUE· COLLEGE STATION • TE.,XAS • 77842 TEL. 979.764.3570 ·FAX. 979.764.3496 cst>1.gov/devservices SCALE: LOCATION: CITY OF COLLEGE STATION PRELIMINARY PLAN for Barron Crossing 14-00900152 78 townhouse lots, 1 commercial lot, and multiple common areas on 13.404 acres 2985 Barron Cut-Off Road Generally located between William D. Fitch Parkway and the future extension of W.S. Philllips Parkway north of the Bridgewood Subdivision. ZONING: POD Planned Development District APPLICANT: Doug French, BCS Development PROJECT MANAGER: Jason Schubert, AICP, Principal Planner jschubert@cstx.gov RECOMMENDATION: Staff recommends approval of the waiver request to Unified Development Ordinance Section 12-8.3.F Alleys. If the waiver is approved by the Commission, the Preliminary Plan should be approved. If the waiver is denied, the Preliminary Plan should also be denied. Planning & Zoning Commission Page 1 of 5 August 7, 2014 )> -0 c§ ru c ::J (/) :::!. -::i --.ice °NQo ON ...>. 0 ..,,. ::J s· <C 0 0 3 2. (/) (/) 6' ::J ""CJ tll <C (!) N 0 ...., (J'I DEVELOPMENT REVIEW _ ............. ----------------------~~ DEVELOPMENT HISTORY Annexation: Zoning: Site development: COMMENTS June 1995 A-0 Agricultural Open upon annexation; Rezoned R-1 Single-Family Residential (May 2008) Rezoned POD Planned Development District (August 2013), Modified POD Concept Plan (December 2013) Vacant Water: There is a proposed 12-inch waterline along W.S. Phillips Parkway, which is currently under construction as part of the Bridgewood Phase 1 project. The Bridgewood Phase 1 infrastructure will need to be constructed and accepted prior to acceptance of the Barron Crossing infrastructure. Domestic and fire flow demands will necessitate future water main extensions with the Final Plat. These utilities will be required to be designed and constructed in accordance with the BCS Unified Design Guidelines. Sewer: There is an existing 15-inch sanitary sewer line adjacent to the property. A sewer report for the subdivision will be required with the Final Plat, but preliminary analysis of the existing system has indicated that there is available capacity to serve this development. Sewer is to be provided to each lot and extended across the tract to the northwest in accordance with the BCS Unified Design Guidelines. Off-site Easements: N/A Drainage: The subject tract is located in the Spring Creek drainage basin. Development of the subject tract will be required to meet the requirements of the BCS Unified Stormwater Design Guidelines. Flood Plain: No portion of the property has been designated FEMA Special Flood Hazard Area. Greenways: No greenways are required or provided. Pedestrian Connectivity: Sidewalks are proposed on both sides of all streets except for William D. Fitch Parkway which is classified as a Freeway/ Expressway on the Thoroughfare Plan and is exempt from sidewalk requirements. Bicycle Connectivity: No bicycle facilities are required or proposed. Streets: Access to the tract is proposed via William D. Fitch Parkway and W.S. Phillips Parkway, which is currently under construction as part of the Bridgewood Phase 1 project. The Bridgewood Phase 1 infrastructure will need to be constructed and accepted prior to Planning & Zoning Commission Page 3 of 5 August 7, 2014 Oversize Request: acceptance of the Barron Crossing infrastructure. Each townhouse lot will have driveway access via a public alley. All streets are required to be designed and constructed in accordance with the BCS Unified Design Guidelines. None requested at this time. Parkland Dedication Fees: Fees in lieu of parkland dedication in the amount of $1 ,261 per residential lot will be due with the Final Plat. Impact Fees: REVIEW CRITERIA This project is located within the Spring Creek Sanitary Sewer Impact Fee Area. Impact fees will be due when Building Permits are issued. 1. Compliance with Comprehensive Plan and Unified Development Ordinance: The Comprehensive Plan Future Land Use & Character Map designates the subject tract as Restricted Suburban and Growth Area IV on the Concept Map. Growth Area IV allows for townhouse and neighborhood-serving commercial when part of a Planned Development of 30 acres or greater. The proposed tract was rezoned POD Planned Development that allows townhouses and commercial areas with single-family residential being located within the adjacent Bridgewood Subdivision to the south. The proposed Preliminary Plan meets the use and zoning requirements contained within the POD for this tract. 2. Compliance with Subdivision Regulations: The proposed Preliminary Plan complies with the Subdivision Regulations contained in the Unified Development Ordinance except the following waiver request; • UDO Section 12-8.3.F 'Alleys' -The applicant is requesting a waiver to the limitation that dead end alleys not exceed 100 feet. The applicant is proposing dead end alleys that exceed 100 feet between Blocks 2 & 3 and behind Block 8. The limitation of dead end alleys to 100 feet is related to fire and sanitation service requirements. The dead end areas are not needed for sanitation service as the Preliminary Plan depicts the consolidation of sanitation into dumpster enclosure areas that are not located on dead end alleys. Fire coverage is accomplished for Block 8 by the fronting street, Chinoak Way, and for Blocks 2 & 3 by providing a fire access gate with knox box, Grasspave2, and laydown curb at the end of the alley stubbing to Barron Cut-Off. In accordance with the Subdivision Regulations, when considering a waiver the Planning and Zoning Commission should make the following findings to approve the waiver: 1) That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of the reasonable use of his land; The applicant states that the topography and shape of the tract restrict the options to layout the subdivision lots such that these are special circumstance that would otherwise deprive them of reasonable use of their land. 2) That the waivers are necessary for the preservation and enjoyment of a substantial property right of the applicant; Planning & Zoning Commission August 7, 2014 Page 4 of 5 The applicant again states that the topography and shape of the tract necessitate the waiver. 3) That the granting of the waivers will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this chapter; and Granting the waiver will not be detrimental public health, safety, or welfare as the purpose of the requirement is to provide adequate fire and sanitation service. These services are being accommodated by other means as stated above. Also, restricting alley access to Barron Cut-Off near the intersection of W S. Phillips Parkway will likely increase vehicular safety in the area. 4) That the granting of the waivers will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter. Granting of the waiver does not affect the ability of surrounding areas to subdivide. STAFF RECOMMENDATION Staff recommends approval of the waiver request to Unified Development Ordinance Section 12-8.3.F Alleys. If the waiver is approved by the Commission, the Preliminary Plan should be approved. If the waiver is denied, the Preliminary Plan should also be denied. SUPPORTING MATERIALS 1. Application 2. Copy of Preliminary Plan Planning & Zoning Commission August 7, 2014 Page 5 of 5 City of College Station Administrative Approval for Required Parkland Dedications of Less than Five Acres 1. Applicant Name: _______ D_o~u~g~F_re_n~c_h~, V_ic_e_P_r_e_si_d_e_nt_o_f_B_C_S_D_e_v_e_lo~p_m_e_n~t __________ _ Address: _____________ ~4~0~90~S~ta=t=e~H~i~gh~w~a=y'-=-6~S~o~u=th-'--------------- Phone: 979-690-1222 ----------------E-Mail: _____ d_f_re_n_c_h~@~s_ty~l_ec_r_a_ft_b_ui_ld_e_rs_._c_om ____ _ 2. Development Name: Barron Crossing Subdivision Project #: 14-00900152 Development Location: 2985 Barron Cut-Off between William D. Fitch Parkway and future W.S. Phillips Parkway 3. Dwelling Units: _l§__ Single Family _I§_ Single Family ___ Multi-fa mily Units, located in Neighborhood Park Zone ~ Multi-family Units, located in Community Park Zone A 4. Development Fees and Dedication Requirements: a. Land Dedication or Fee in Lieu of Land (Choose One): Neig hborhood Community Total Single Family: One (1) acre per 117 DU's ac One (1) acre per 128 DU's ac = ac Multi-family: One (1) acre per 117 DU's ac One (1) acre per 128 DU's ac = ac TOTAL = 0 Acres -OR- Fee Paid in Lieu of Land Dedication Neighborhood Community Single Family:78@ $274.00 per DU $ 21 372 78@ $250.00 per DU $ 19 500 = $ 40 872 Multi-family: @ $274.00 per DU $ @ $250.00 per DU $ = $ TOTAL (Neighborhood and Community) = $ 40 872 b. Development Fee: Neighborhood Community Sin gle Family 78@ $362.00 per DU $ 28,236 Single Family 78@ $375.00 per DU $ 29,250 = $ 57 486 Multi-family @ $362.00 per DU $ ___ _ Multi-family @ $750.00 per DU $ __ _ =$ __ _ TOTAL (Neighborhood and Community) = $ 57,486 5. Comments: ____________________________________ _ The City of College Station agrees to accept: GRAND TOTAL (Neighborhood and Community) 78 Units x $1 ,261.00 = $ ____ _;9:;..;:8:;.,..3:;..;5;;..;;8'------ Land Dedication _N--'-o ..... ne..__ _____ _ Name Date BARRON CROSSING DEVELOPMENT REVIEW Case: 14 -152 PRELIMINARY PLAN \ Zoning Districts R-4 R Rural R-6 e eitate MHP RS Resttlct•d Subutbtn 0 GS Gtnenl Subu ban SC R-1B Single F amffy R.s idential GC D Duplex Cl T Townhouse BP DEVELOPMENT REVIEW Multi-Famliy BPI Business Par Industrial High D•ns ity Multi-Family NAP Natural Ar1<as Protectl<d M1nuf1ctured H.ome P11 C-3 Light Commtfeitl O fflc. M-1 Light lndutttlal Subutban Commercial M-2 HHvy lndusttitl General Commercial C -U Co~e and Univl!.TS ity Commercia~lndustrial R& D Research and Development Business Patlc P-MlJD Plannl<d Mixed-Use Development BARRON CROSSING Case: 14-152 POD WPC NG-1 NG-2 G-3 ov ROD KO Pia nned Development Dis tric:t Wolf Pen Creelc Dev. Corridor Cor• Northg1t• Trensltlonal Northg•t• Res id•nti1.I Ncxthg1.te Corridor Overlay Redeve.lopment District Kren Tap Overlay PRELIMINARY PLAN Scale: 1 Inch= 300 Fee Area: 13.404 Acres (583,874.80 Square Feet) 14-152 PRELIMINARY PLAT BARRON CROSSING PH 1 & 2 CLOSED 6-16-2014 BR BLKl LTSl-8; BLK2 LTSI-8; BLK3 LTSl-8; BLK4 LTS 1-8; BLK5 LTSI-5; BLK6 LTSI-8; BLK7 LTSl-8; BLK9 LTSI-8; BLKIO LTSI-8; BLKl 1 LTl ACRES 13.404 Area: 13.404 Acres (583,874.80 Square Feet) Perimeter: 3936.661 Feet Gap= 0.050 (S outh 44° 7' 56" East) 1. N42°02'4 7"E 301.1 O' 5. S59°45'42"E 213.41' 2. S5 l 0 24'07"E 11.84' 6. S63°12'47"E 142.29' 3. S53°15'4l"E 134.68' 7. S68°02'43"E 355 .54' 4. S55°37'll"E 213 .41' 8. S74°26'54"E 213 .31' GAP error cannot be greater than 0.10 (See SOP for Exceptions) 9. S78°20'3l"E 109.79' 10. S38°53'08"W 523.17' 11. so1°11'24"E 61.80' 12. S41°1 5'56"E 72.23' 13. S48°57'40"W 131.06' 17. 14. N41 °02'20"W 181.85' 18. 15. N43°48'58"W Chl50.31' Radl524.7 16. N46°35'37"W 406.91'