HomeMy WebLinkAbout14-278t"roperty vescnpt1011:
Tract One:
Field notes of a 186.08 acre tract or parcel of land, lying and being situated in the B. McGregor Survey,
Abstract No. 170, Brazos County, Texas, and being part of the called 188.04 acre - Tract described in the
Deed from Thousand Oaks Development Company Joint Venture, to Smiling Mallard Development, Ltd.,
as recorded in Volume 4011, Page 142, of the Official Records of Brazos County, Texas, and said 186.08
acre tract being more particularly described as follows:
BEGINNING at the East corner of the beforementioned 188.04 acre tract in the Southwest right-of-way
line of the Union Pacific Railroad (formerly Southern Pacific Railroad -100' right-of-way);
THENCE S 45° 00' 00" W along the Southeast line of the beforementioned 188.04 acre tract, same being
the West line of the Lena Fachorn -called 459.02 acre -1st Tract described in Volume 1549, Page 80, of
the Official Records of Brazos County, Texas, at a distance of 2.28 feet, pass a 2" iron pipe found at a
crosstie fence corner, continue on, adjacent to a fence, for a total distance of 2268.22 feet to a 1/2" iron
rod found marking the East corner of a 1.97 acre tract de~cribed in the Deed to Millican Royalty and Land
Trust, recorded in Volume 4012, Page 1, of the Official Records of Brazos County, Texas;
THENCE along the Northeast, Northwest and Southwest lines of the beforementioned 1.97 acre tract, as
follows:
N 53° 34' 25" W for a distance of 333 .73 feet to a 1/2" iron rod found,
S 45° 00' 00" W for a distance of 220.03 feet to a 1/2" iron rod found,
S 39 ° 48' 20" E for a distance of 331 .36 feet to a 1/2" iron rod found marking the South corner of the said
1.97 acre tract in the common line between the said 188.04 acre tract and the Lena Fachorn -459.02 acre
-1st Tract;
THENCE S 45° 00' 00" W along the common line between the beforementioned 188.04 acre tract and the
Lena Fachorn -459.02 acre -1st Tract, adjacent to a fence, for a distance of 661 .98 feet to a 1 /2" iron rod
found at a 6" creosote post fence corner marking the occupied South corner of the 188.04 acre tract.
same being a West corner of the 459.02 acre tract and same being in the most Easterly Northeast line of
the Wade -called 503.39 acre -1st Tract described in Volume 159, Page 201 , of the Deed Records of
Brazos County, Texas;
THENCE N 44 ° 57' 07'' W along the Southwest line of the beforementioned 188.04 acre tract, same being
the most Easterly Northeast line of the beforementioned 503.39 acre tract, adjacent to a fence for a
distance of 2765.88 feet to a 1/2" iron rod found at a crosstie fence corner marking the West corner of the
188.04 acre tract, same being the interior ell corner of the 503 .39 acre tract;
THENCE N 44 ° 01' 36"E along the Northwest line of the beforementioned 188.04 acre tract, same being a
Southeast line of the beforementioned 503.39 acre tract, adjacent to and Northwest of a fence line, at a
distance of 1859.1 feet, a 12" post oak tree fence corner at the West end of a fenced enclosure
surrounding t,ble production pad for the Millican-Havens #1 well (now plugged & abandoned) bears
Southeast -1.0 feet, at a distance of 2375.0 feet, a 6" Elm tree fence corner at the North end of said
fenced enclosure bears Southeast -1.0 foot, continue on , at a distance of 2751 .0 feet, pass a crosstie
fence corner in the Southeast right-of-way line of the beforementioned Union Pacific Railroad (this crosstie
marks the beginning of a 200' wide right-of-way portion of said railroad and said 200' wide right-of-way
extends Northwesterly from this crosstie fence corner), continue on for a total distance of 2796.16 feet to a
1 /2 iron rod set at the North corner of the 188.04 acre tract in the Southeast right-of-way line of said
Railroad (100' wide right-of-way) from which a 6" creosote post fence corner bears N 44° 61' 36";
THENCE S 53° 43' 41" E along the Southeast righ t-of-way line of the beforementioned Union Pacific
Railroad (100' right-of-way), adjacent to a fence, at a distance of 1094.1 feet, pass a 6" creosote post
fence corner, continue on for a total distance of 1105.65 feet to a 1/2" iron rod set at the North corner of
the E. Jordon, Jr. -called 5.00 acre tract described in Volume 344, Page 293, of the Deed Records of
Brazos County, Texas, said 1/2" iron rod set being in the Northwest edge of an 8' wide gravel lane which
crosses said railroad and provides access to F.M. No. 2154, and a 1/2" iron rod found bears S 50° 02' 58"
E -30.21 feet;
- . ----··-J-·--··· ---· ·-··--1 -· -_,.._.. . ._,,_ .................................. , ,... .................. ··-.................................................................. \,\,,; post fence corner, continue on for a total distance of 516.91 feet to the Southeast right-of-way line of the
beforementioned Union Pacific Railroad;
THENCE S 53° 43' 41" E along the Southeast right-of-way line of the beforementioned Un ion Pacific
Railroad adjacent to a fence, for a distance of 1286.09 feet to the PLACE OF BEGINNING, containing
186.08 acres of land, more or less.
Tract Two:
Field notes of a 1.97 acre tract or parcel of land, lying and being situated in the B. McGregor Survey,
Abstract No. 170, Brazos County, Texas, and being part of the called 186.335 acre -Tract 4 described In
the Deed from Brazos Coal Limited to Thousand Oaks Development Company Joint Venture, as recorded
in Volume 1454, Page 187, of the Official Records of Brazos County, Texas and said 1.97 acre tract being
more particularly described as follows:
COMMENCING at the East corner of the beforementioned 186.335 acre tract in the Southwest right-of-
way line of the Un ion Pacific Railroad (formerly Southern Pacific Railroad -100' right-of-way);
THENCE S 45 ° 00' 00" W along the Southeast line of the beforementioned 186.335 acre tract, same
being the West line of the Lena Fachorn -called 459.02 acre -1st Tract described in Volume 1549, Page
80, of the Official Records of Brazos County, Texas, at a distance of 2.28 feet, pass a 2" iron pipe found at
a crosstie fence corner, continue on, adjacent to a fence, for a total distance of 2268.22 feet to a 1/2" iron
rod set for the PLACE OF BEGINNING of this description;
THENCE S 45° 00' 00 " W continue along the common line between the beforementioned 188.335 acre
tract and the 459.02 acre tract for a distance of 299. 79 feet to a 1 /2" iron rod set, a 1 /2" iron rod found at
8" creosote post fence corner found marking the occupied South corner of the said 186.335 we tract bears
S 45° 00' W -961 .76 feet;
THENCE N 39° 48' 20" W 331 .36 feet to a 1/2" Iron rod found in the proposed Southeast right-of-way li ne
of Flyaway Drive (70' right-of-way);
THENCE 45° 00' 00" E along the southeast right-of-way line of Flyaway Drive fo r a distance of 220.03 feet
to a 1 /2" iron rod set;
THENCE S 53° 34' 25" E 333.73 feet to the PLACE OF BEGINNING, containing 1.97 acres of land, more
or less.
SAVE AND EXCEPT: Tract One
Being all that certain tract or parcel of land lying and being situated in the B. M. McGREGOR SURVEY,
Abstract No . 170 in Brazos County, Texas and bein g part of the 188.04 acre tract described in the Deed
from Thousand Oaks Development Co., Joint Venture to Smiling Mallard Development, Ltd . as recorded
in Volume 4011 , Page 142 of the Official Records of Brazos County, Texas (O.R.B.C.) and being more
particularly described by metes and bounds as follows :
BEGINNING: at a found 1/2-inch iron rod marking the North corner of said 188 .04 acre tract, the
Northeast corner of the J.C. and Eugene Wade 1st tract described in Volume 159, Page 201 of the Brazos
County Deed Records (B.C.D.R.), being in the Sol,.lthwest right of way line of Union Pacific Railroad
(based on a 100' width), and said iron rod also being in or near the Northwest line of said B. M.
McGREGOR SURVEY;
THENCE: S 53° 43' 41" E along the common line of said 188.04 acre tract and the Union Pacific right-of-
way line for a distance of 302.67 feet to a 1/2-inch iron rod set for corner, from whence a found 1/2-inch
iron rod marking the North corner of Drake Drive (based on a 90' width at this location recorded in Volume
4858, Page 144 (O .R.B.C.) bears S 53° 43' 41" E at a distance of 217.46 feet for reference;
THENCE: S 36° 07' 50" W into the interior of the said 188.04 acre tract for a distance of 197.02 feet to a
1 /2-inch iron rod set for corner;
THENCE: S 52° 32' 00" E continuing through the interior of the said 188.04 acre tract for a distance of
224 .93 feet to a 1/2-inch iron rod set for corner, said iron rod being in the West right-of-way line of said
Drake Drive (80' width at this location);
--"'V ... ···---·-· .... _ -· ···---·-·---·-___ ,_......,. ..,._,...,.. ....... "" ..... , ................... , ........... u • ..... ,._.,,.,,,,.., ...... '"'"" ""' "''"""' ._._, .....
188.04 acre tract;
THENCE N 44° 01 ' 36" E for a distance of 353.50 feet to the POINT OF BEGINNING and containing
3.000 acres of land, more or less.
FURTHER SAVE & EXCEPT:
Tract Two: Duck Haven Subdivision, Phase 1 - containing 52.19 acres.
Tract Three: Duck Haven Subdivision, Phase 2 -containing 32.83 acres.
Tract Four: Duck Haven Subdivision , Phase 3 -containing 22.13 acres.
Tract Five: Duck Haven Subdivision, Phase 4 -containing 15.24 acres.
Tract Six: Duck Haven Subdivision , Phase 5 -containing 19.96 acres.
Leaving 42.70 acres, more or less, carried as 43.08 acres and 10.00 acres under Brazos County Tax
Account #15731 and #354270.
NOTE: The Company is prohibited from insuring the area or quantity of land described herein.
Any statement in the above legal description of the area or quantity of land is not a representation
that such area or quantity is correct, but is made only for informational and/or identification
purposes.
Title Vested In:
Duck Haven, Ltd .
Vesting Deed to owners shown herein was dated August 15, 2006 and recorded in Volume 7538, Page
15, Official Records, Brazos County, Texas.
Vesting Deed to owners shown herein was dated September 11 , 2002 and recorded in Volume 4844,
Page 214, Official Records, Brazos County, Texas.
Abstractor's Note: Remaining acreage of the original Duck Haven, Ltd., 186.08 acre tract, described in
Volume 4844, Page 214, Official Records, Brazos County, Texas, is a combination to two Brazos County
Appraisal District Tracts, #15731 and #354270. We are unable to determine the exact acreage of each
tract.
Restrictions:
Volume 5883, Page 224; Volume 7538, Page 21 and Volume 9693, Page 255, Official Records, Brazos
County, Texas.
Exceptions:
Easements and Building Lines as set out in restrictions recorded in Volume 5883, Page 224, Official
Records, Brazos County, Texas.
Maintenance Charges and the Lien securing the payment of same, as set out in restrictions recorded in
-Recorded: Volume 8604, Page 243, Official Records, Brazos County, Texas . (as to BCAD Tract #15731)
Easement:
From: Duck Haven, Ltd.
To: Duck Haven Homeowners Association
Dated: August 8, 2007
Recorded: Volume 8229, Page 281 , Official Records, Brazos County, Texas. (as to BCAD Tract
#354270)
Easement:
From: Duck Haven, Ltd.
To: Duck Haven Homeowners Association
Dated: September 12, 2007
Recorded: Volume 8268, Page 107, Official Records, Brazos County, Texas. ·(as to BCAD Tract
#354270)
Minerc;il Reservation in Deed
By: Lawrence Grocery Company
To: P. P. Prescott.
Dated: February 22, 1949
Recorded: Volume 138, Page 146, Deed Records , Brazos County, Texas . Title to said interest has not
been investigated subsequent to the date of the afo resaid instrument.
Mineral Reservation in Deed
Sy: Thousand Oaks Development Company Joint Venture
To: Smiling Mallard Development, Ltd .
Dated : December 19, 2000
Recorded : Volume 4011, Page 142, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Waiver of Surface Use
From: Millican Land & Royalty Trust
To: Smiling Mallard Development, Ltd.
Dated: December 19, 2000
Recorded: Volume 4011 , Page 341 , Official Records , Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Memorandum of Oil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor: Millican Land & Royalty Trust
Lessee: EOG Resources , Inc.
Dated: October 11 , 2012
Recorded: Volume 11070, Page 253, Official Records, Brazos County, Texas. Title to said interest has
not been investigated subsequent to the date of the aforesaid instrument.
Upon examination of the public records Brazos County, Texas, we find no exception to title of the
subject property other than those shown above. This Title Report is issued with the express
understanding, evidenced by acceptance of same, that the liability of the undersigned is limited to
the actual monetary consideration paid fo r same.
University Title Company
CITY or C or.r.EGE STATION
Home ofTexaJ A&M University•
FOROFFIC
CASE NO.:
TIME:
STAFF:
PRELIMINARY PLAN APPLICATION
MINIMUM SUBMITTAL REQUIREMENTS:
(8J $932 Preliminary Plan Application Fee.
D $233 Waiver Request to Subdivision Regulations Fee (if applicable).
[8J Appl ication 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.
[8J Six (6) folded copies of plan. A revised mylar original must be submitted after approval. '1 [8J 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).
[8J 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 _N._YA ________________________ _
NAME OF PROJECT Duck Haven -Phases 7 & 8
ADDRESS West of northern-most intersection of Drake Drive and Widgeon Trail Drive
SPECIFIED LOCATION OF PROPOSED SUBDIVISION:
West of northern-most intersection of Drake Drive and Widgeon Trail Drive
APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project):
Name Travis Martinek E-mail travis@clarkewyndham.com
Street Address 3608 East 29th Street, Suite 100
City Bryan State Texas Zip Code _7_78_0_2 ____ _
Phone Number (979) 846-4384 Fax Number (979) 846-1461 ----------------
PROPERTY OWNER'S INFORMATION (ALL owners must be identifie . le se attach an additional sheet for multiple
owners):
Name Duck Haven, Ltd. E-mail travis@clakewyndham.com
Street Address 3608 East 29th Street, Suite 100
City Bryan state Texas Zip Code 77802 -------
Phone Number (979) 846-4384 Fax Number (979) 846-1461
---------------~
ARCHITECT OR ENGINEER'S INFORMATION:
Name McClure & Browne, Inc. E-mail ieffr@mcclurebrowne.com
Street Address 1008 Woodcreek Drive, Suite 103
City College Station State Texas Zip Code 77845 -------
Phone Number (979) 693-3838 Fax Number (979) 693-2554
---------------~
Revised 4/1 4 Page 1 of 6
Total Acreage 31 .17
~---------
Total No. of Lots 23 ------R-0-W Acreage 2.91 -------
Number of Lots By Zoning District NIA NIA NIA NIA NIA NIA
Average Acreage Of Each Residential Lot By Zoning District:
NIA NIA NIA NIA NIA NIA NIA NIA
Floodplain Acreage _o_.o_o _________________________________ _
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? _N_IA ________________ _
Are you proposing to I ' develop the park n 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 th is 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
I No
If yes, provide information regarding the first approved application and any related subsequent applications (provide
additional sheets if necessary):
Project Name: Duck Haven Subdivision
City Project Number (in known): Unknown
Date I Timeframe when submitted: 2000
Requested wavier to subdivision regulations and reason for same (if applicable):
NIA
Revised 4/14 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.
NIA
2. The waiver is necessary for the preseNation and enjoyment of a substantial property right of the applicant.
'NIA
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.
'NIA
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.
rvlA
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 topog raphic, 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 will include construction of the required sidewalk. Imminent shall
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;
Revised 4/14 Page 3 of 6
6. I 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. I 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:
N/A
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 APPL/CATION 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.
Signa~~ 11)1•h'1
Date
Revised 4/14 Page 4 of 6
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.
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 include north arrow.
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.
[gj North Arrow.
[g] 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.
[gj Subdivision boundary indicated by heavy lines. Boundary must include all of parent tract.
[g] 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.)
[g] 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.
[g] Name of contiguous subdivisions and names of owners of contiguous parcels of unsubdivided land, and
an ind ication whether or not contiguous properties are platted.
[g] Location of the 100 Year Floodplain and Floodway, if applicable, according to the most recent available
data.
[gj Topographic information, including contours at two foot (2 ft.) intervals, wooded areas, and flowline
elevation of streams.
[g] Proposed land uses (in compliance with existing zoning district).
[gj The location and description 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).
Revised 4/14 Page 5 of 6
Existing Proposed
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
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? D Yes ~No
Revised 4/14 Print Form Page 6 of 6
(
'<Uqt ~tate nf mexas
~.ecr.etar~ nf ~tate
C RT JFIC AT .· OF UR GAN TZ T I .
OF
DUCK HAV-N M NA GEME NT, LLC
F=I LING UMDC:R 0 709 21 3
TH IJJ 0£: ·s IGf\-n, s SLCfff ARY OF STA TE OF rw: STAT E OF TEXAS ,
I E ·:'.:ljY Ct .. TJFT C:S THA n-1 · A · CH ·o t\RT ICL : OF ORGA NIZATI ON FOR THE
A ~3 VE 1-lAM D d MP JY HA.VF HJ N kE Cf l Vt O If T HI S OFF I CE AND HAV E SEEN
H1U 1 U T O CCN F O 'K TU LAW .
f• ·r,o JNGLY , Ht: U ~ID E I GN . , l\S S f:CP f:T RY OF ST ATE , AN D BY VI RTUE
F T H A UT l·Hl; I . Y Y S [ I T E c; E C T R Y ~ Y LAW , HE RE BY I SS U S TH I S
c::kT FlC ATE OR GA I\ I lt T I ''• ..
ISS U A ~C c F THI S CE FlCAT -DF OR GA NilAT lD t oo·s NOT AUTHOR IZ E
TH U S . F A 0 ~· P M·l Y N l I N TH I S S T A 1 t H V l 0 l A T I 0 N 0 F 1 H R I G HT S 0 F
AN T H · t Y UNflE TH ·1:0 AL A EM -~ ACT OF 1946 , HE TEXA TRADEMARK
L A vi ' T r As u , . fl U I Nt: s PRO F -S l O 'AL tA M ~ ACT OR TH E CO MM ON LAW .
0 TD JU N 28 , 2001
!:F f t"CT1 V JU l 2U, 2001
Henry Cuellar, Secretary of State
ARTICLES OF ORGANIZATION
OF
DUCK HAVEN MANAGEMENT, LLC
June 26 , 2001
ARTICLES OF ORGANIZATION
OF
DUCK HAVEN MANAGEMENT, LLC
FILED
In the Office of the
Secretary of State of Texas
JUN 28 2001
Corporations Section
I, the undersigned natural person of the age of eighteen years or more, acting as the
organizer of a limited liability company (the "Company") under the Texas Limited Liability
Company Act, do hereby adopt the following Articles of Organization for such Company:
ARTICLE I
The name of the Company is DUCK HAVEN MANAGEMENT, LLC.
ARTICLE II
The period of duration of the Company is perpetual.
ARTICLE Ill
The purpose for which the Company is organized is to transact any or all lawful business
for which limited liability companies may be organized under the Texas Limited Liability
Company Act.
ARTICLE IV
The address of the Company's principal place of business in Texas is as follows:
3608 East 29th Street, Suite 100
Bryan, TX 77802
ARTICLEV
The name and address of the Company's initial registered agent and registered office in
Texas are as follows:
Paul J. Clarke
3608 East 29th Street, Suite 100
Bryan, TX 77802
ARTICLE VI
The Company is to be managed by one or more managers. The name and address of
the person who is to serve as manager until the first annual meeting of the members or until his
successors are elected and qualified are as follows:
Articles of Organization
Paul J. Clarke
3608 East 291h Street, Suite 100
Bryan, TX 77802
Page2
ARTICLE VII
The name and address of the organizer of the Company are as follows:
Amy L. Clough
Charles A. Ellison, P.C.
2501 Ashford Dr., Suite 100
College Station, Brazos County, Texas 77840
ARTICLE VIII
No manager of the Company shall be liable to the Company or its members for
monetary damages for an act or omission in the manager's capacity as a manager, except for
liability of a manager for (i) a breach of such manager's duty of loyalty to the Company or its
members, (ii) an act or omission not in good faith that constitutes a breach of duty of such
manager to the Company, (iii) an act or omission of such manager which involves intentional
misconduct or a knowing violation of the law, (iv) a transaction from which such manager
received an improper benefit, whether or not the benefit resulted from an action taken within the
scope of the manager's position, or (iv) an act or omission for which the liability of such
manager is expressly provided for by an applicable statute. If the Texas Limited Liability
Company Act, the Texas Business Corporation Act, the Texas Miscellaneous Corporation Laws
Act, or other applicable law is amended to authorize action further eliminating or limiting the
liability of managers, then the liability of a manager of the Company shall be eliminated or
limited to the fullest extent permitted by the Texas Limited Liability Company Act, the Texas
Business Corporation Act, the Texas Miscellaneous Corporation Laws Act or other applicable
law, as so amended. Any repeal or modification of the foregoing provisions by the members
shall not adversely affect any right or protection of a manager existing at the time of such repeal
or modification.
IN WITNESS WHEREOF, the undersigned organizer has signed these Articles of
Organization on the 26th day of June, 2001.
Articles of Organization Page3
(
(
Wqe ~tate nf ~exas
~ttrtbtttt nf ~tate
JU N>-2"8, LOOl
L 1\\~Y E ' D <;t RV IC -, I NC.
P. • BO X 8L1S
AUS T ,TX
f .. ;:
llC K PAVi::N , LTD.
lLIN t JM t:R 0 53282-10
T iA .. i: ~ tJ K P LE SU ( T PPR VE AMO PL ACE
C :t.:T IF CATE UF LI l T ·O PAR ER SH I P .
RE CORO YOUR
TH : A PR PR r-IS TT CHt D F R YO UR FIL ES AND TH
U I<~I IAL 1\S 13 l N THl OFFI LE.
PAYi1 'f U Tll . r-H 'G Ff . I ACI< ~L E DG ~D BY THIS L TT R.
II= 1 ( C.:AN t:S f F FU ,THf SF VI C . TA Y T I E t ·PL EAS LET US K OW.
Henry Cuellar, Secretary of State
FILED
In the Office of the
Secretary of State of Texas
CERTIFICATE OF LIMITED PARTNERSHIP JUN 28 2001
The undersigned General Partner, who desires to form a limitfcP~m:fitjQ~ptton
certifies that:
1. The name of the partnership is DUCK HAVEN, LTD.
2. The address of the partnership's registered office is 3608 East 29th Street,
Suite 100, Bryan, TX 77802.
3. The name of the partnership's registered agent for service of process is
PAUL J. CLARKE.
4. The address of the agent is 3608 East 29th Street, Suite 100, Bryan, TX
77802.
5. The address of the principal office where records that are required to be
kept will be kept or made available is 3608 East 291h Street, Suite 100,
Bryan, TX 77802.
6. The name and address of the business or residence of each general
partner are as follows:
Name
Duck Haven Management, LLC
Address
3608 East 29th Street, Suite 100
Bryan, TX 77802
7. This certificate of limited partnership shall be effective on the date of filing
with the Secretary of State.
I affirm, under penalty of perjury, that this certificate is executed on June 26th,
2001, and, to the best of my knowledge and belief, the facts stated in this certificate are
true.
General Partner:
DUCK HAVEN MANAGEMENT, LLC
a Texas limited liability company
By: Pau~r
CITY OF COLLEG E STATION
PRELIMINARY PLAN
for
Duck Haven Phase 7 & 8
14-00900278
SCALE: 23 residential lots on approximately 31 acres.
LOCATION: 18185 Wigeon Trail Drive, generally located southwest of the
intersection of Wellborn Road and Drake Drive in the City's
Extraterritorial Jurisdiction (ET J)
ZONING: N/A (ET J)
APPLICANT: Travis Martinek, Clarke & Wyndham, Inc.
PROJECT MANAGER: Jason Schubert, AICP, Principal Planner
jschubert@cstx.gov
RECOMMENDATION: Staff recommends approval of the Preliminary Plan.
Planning & Zoning Commission Page 1 of 4
January 15, 2015
IJ OJ (Q
Cl>
N
0 --l>-
DEVELOPMENT REVIEW
PRELIMINARY PLAN I
DEVELOPMENT HISTORY
Annexation:
Zoning:
Platting:
Site development:
COMMENTS
NIA (ET J)
NIA (ET J)
The original Master Plan for this development was approved in
2001 and this project is vested to the Subdivision Regulations in
effect in 2001 . A Preliminary Plan was approved for Phase 7 at
the October 2, 2014 Commission meeting. The proposed
Preliminary Plan adds 13 more lots as part of Phase 8.
Vacant. Twenty-three residential lots are proposed, with 10 in
Phase 7 and 13 in Phase 8.
Water: The subject property will receive water service by the Wellborn
Special Utility District.
Sewer: Sanitary sewer service will be provided by individual On-Site
Sewage Facilities. These facilities will be permitted through the
Brazos County Health Department.
Off-site Easements: No off-site easements are being proposed at this time.
Drainage: The site drains generally to the south to an unnamed tributary to
Frank's Creek.
Flood Plain: There is no FEMA regulated floodplain on the subject property.
Greenways: No greenway dedication is proposed or required.
Pedestrian Connectivity: This tract is located in the ET J and no specific facilities for
pedestrian connectivity are proposed or required.
Bicycle Connectivity: This tract is located in the ET J and no specific facilities for bicycle
connectivity are proposed or required.
Streets: This phase of Duck Haven will be accessed from Drake Drive
which is off FM 2154. The lots will have access via Widgeon Trail
Drive, a new 24-foot wide rural residential street, which will end in
a temporary cul-de-sac with Phase 7 until extended with Phase 8.
Oversize Request: NIA
Parkland Dedication Fees: This development was approved as a Master Plan in the ET J prior
to parkland dedication requirements being applicable in the ET J;
therefore, no parkland dedication is required.
Impact Fees: NIA
Planning & Zoning Commission Page 3 of 4
January 15, 2015
REVIEW CRITERIA
1. Compliance with Comprehensive Plan and Unified Development Ordinance: The
subject property is classified as Rural on the Comprehensive Land Use Plan . While the
subject property is being developed as a residential subdivision, the City does not have
zoning or land use authority in the Extraterritorial Jurisdiction.
2. Compliance with Subdivision Regulations: The Preliminary Plan is in compliance with
the applicable Subdivision Regulations as they apply in the Extraterritorial Jurisdiction.
STAFF RECOMMENDATION
Staff recommends approval of the Preliminary Plan.
SUPPORTING MATERIALS
1. Application
2. Copy of Preliminary Plan
Planning & Zoning Commission
January 15, 2015
Page 4 of 4
vr DEVELOPMENT REVIEW
DUCK HAVEN PH 7 & 8 lease:
14-278
PRELIMINARY PLAN I
Zoning Districts
R
E
RS
GS
R-18
D
T
Rural
Estate
Restricted Suburban
General Suburban
Single Family Residential
Duplex
li h own ouse
R-4
R-6
MHP
0
SC
GC
Cl
BP vr DEVELOPMENT REVIEW
Multi-Famliy
High Density Multi-Family
Manufactured Home Park
Office
Suburban Commercial
General Commercial
Commercial-Industrial
B . P rk usiness a
BPI
NAP
C-3
M-1
M-2
C-U
R&D
P MUD -
Business Park Industrial
Natural Areas Protected
Light Commercial
Light Industrial
Heavy Industrial
College and University
Research and Development
Pl d M. d U D I anne 1xe -se eveopment
DUCK HAVEN PH 7 & 8 lease:
: 14-278
POD
WPC
NG-1
NG-2
NG-3 ov
ROD
KO
Planned Development District
Wolf Pen Creek Dev. Corridor
Core Northgate
Transitional Northgate
Residential Northgate
Corridor Overlay
Redevelopment District
K kl' 0 rt rene ap ve ay
PRELIMINARY PLAN
I
Scale: 1 Inch= 380 Fee
Area: 31.176 Acres (1,358,026.00 Square Feet)
14-278
PRELIMINARY PLAT
DUCK HA VEN PH 7 &PH 8
BLK 8 LTS l-10; BLK 9 LTS 1-13
ACRES 31.17
Area: 31.176 Acres (1,358,026.00 Square Feet)
Perimeter: 5255.682 Feet
Gap = 9.997 (North 89° 58' 47" East)
DOES NOT CLOSE
11-19-2014
BR
, N90°oo·oo"E 624.97' N90°oo·oo"E 619.29'
~ N88°27'25"W ~ 365.11' ,...,
0 ,-~~~~~~~~~~-'~
N90°oo·oo"W N90°oo·oo"W 480.17'
'~ 261.46'
"'-'~t-., .. "\ ,:; ~. o.·'
c)' "'"
1. N90°00'00"E 624.971 5. N49°45'48"W Ch31.26' Rad25.00'<.R.N90°00'00"W 261.46'
2. N90°00'00"E 619.29' 6. N88°27'25"W 365.11' 10. S45°27'54"W 379.35'
3. S30°29'42"E 376.00' 7. SOl 0 32'39"W 378.73' 11. N44°32'06"W 235.00'
4. S20°46'59"E Chl67.0l' Rad495.0CJ'.IN90°00•0011w 480.17' 12. N47°47'13"W 598.61'
GAP error cannot be greater than 0.10 (See SOP for Exceptions)
13. N44°26'37"E 735.41'
DUCK HAVEN PHASES 7 & 8 -PRELIMINARY PLAN
RESPONSE TO STAFF REVIEW COMMENTS NO. 1
PLANNING
1. See revised Preliminary Plan.
2. See revised Preliminary Plan.
3. See revised Preliminary Plan .
ENGINEERING
1. See revised Preliminary Plan.
2. See revised Preliminary Plan.
3. See revised Preliminary Plan .
4. See attached email from Wellborn Water.
ELECTRICAL
1. No comment.
SANITATION
1. No comment.
BRAZOS COUNTY
1. We have adjusted the alignment of the roadway in order to save a few very large oak trees . We
are hoping that Brazos County will allow some leeway in the al ignment angle to accomplish this.
I have attached a recent email from Jeff Robertson depicting the alignment angles.
2. See revised Preliminary Plan.
3. See revised Preliminary Plan .
4. Monument information is provided on the Preliminary Plan at the P.O.B.
5. Detailed drainage information will be provided with the Final Plat/Construction Drawing submittal
at a later date.
12/18/2014 Page 1 of 1
ravis Martinek
From:
Sent:
To:
Subject:
Attachments:
Alan,
Jeff Robertson [jeffr@mcclurebrowne.com]
Wednesday, December 17, 2014 2:05 PM
Robert A. Munger; Travis Martinek
Duck Haven Phase 7 intersection
Wigeon-Drake lntersection.pdf
The attached pdf shows the proposed intersection of Wigeon and Drake in Duck Haven Phase 7. This is the
intersection we met and looked at a few weeks ago. The current design we have is shown on the drawing. The
angle is currently 22 deg. from perpendicular. I know this is more than desirable, but was hoping this would
work since we are trying to save the tree next to the roadway.
Thanks
Jeff
Jeffery L. Robertson, P.E.
Vice-President Engineering
McClure & Browne Engineering/Surveying, Inc.
1008 Woodcreek Drive, Ste. 103
College Station, Tx 77845
PH: (979) 693-3838
FX: (979) 693-2554
jeffr@mcclurebrowne.com
CONFIDENTIAL NOTICE: The information contained in this transmission is considered by the sender to be confidential. This material is intended only f1
use of the recipient named above. If the reader or other recipient of this material is not the intended recipient named above, please notify me and dele·
this transmission. Thank you.
AGREEMENT FOR ELECTRONIC FILES: is understood and agreed that McClure & Browne Engineering/Surveying, Inc., upon release of the!
electronic files is no longer responsible for their use or modification. The user of the attached electronic media accepts full responsibility and liability f,
any consequences arising out of the use of this electronic data.
1
Travis Martinek
From:
Sent:
To:
Stephen Cast [wsud.sc@verizon.net]
Monday, December 22, 201 4 9:30 AM
Travis Martinek
Subject: RE: Duck Haven -Phases 7 & 8
Travis,
The proposed development of Phase 7 and 8 of Duck Haven is within Wellborn SUD service area and will be served by
the District.
Stephen Cast
Wellborn Special Utility District
From: Travis Martinek [mailto:tmartinek@clarkewyndham.com]
Sent: Wednesday, December 17, 2014 1:23 PM
To: Stephen Cast
Cc: Julia Skrivanek
Subject: Duck Haven -Phases 7 & 8
Importance: High
Stephen,
Can you send me an email confirming your capacity and intent to service Duck Haven Phases 7 & 8 ... see attached.
Let me know if you have any questions.
Thanks!
Tra vis Martmek
Clarke & Wyndham, Inc.
3608 East 29th Street, Suite 100
Bryan, Texas 77802
Office: (979) 846-4384
Fax: (979)846-1461
Mobile: (979) 229-9877
1
MEMORANDUM
DATE: December 4, 2014
TO: Travis Martinek, via ; travis@clarkewyndham.com
FROM : Jerry Cuar6n, Staff Planner
SUBJECT: DUCK HAVEN PH 7 & 8 (PP)
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:
Two (2) 24" x 36" copy 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 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 be pulled from the scheduled Planning & Zoning
Commission agenda. Your project may be placed on a future agenda once all the
revisions have been made and the appropriate fees paid. 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
PC: Jeff Robertson, via ; jeffr@mcclurebrowne.com
P&DS Project No. 14-00900278
Pla11ni11g & Development Se?·vices
P.O. BOX 9960 • 1101 TEXAS AVENUE · COLLEGE STATION · TEXAS · 77842
TEL 979 764.3570 ·FAX. 979.764.3496
cst>t.gov/devservices
STAFF REVIEW COMMENTS NO. 1
Project: DUCK HAVEN PH 7 & 8 (PP) -(14-00900278)
PLANNING
1. Metes and bounds does not close. See attached
2. Please revise Linda Cook's lot to Lot 12.
3. Please revise lots southwest of Duck Haven Phase 7 to Phase 5.
Reviewed by: Jerry Cuar6n Date: December 3, 2014
NOTE: 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 and
"bubbled" on your plans. Any additional changes on these plans that have not
been pointed out to the City will constitute a completely new review.
ENGINEERING COMMENTS NO. 1
1. The current proposed phasing is going to require phase 7 to have a temporary
turn around if phase 7 & 8 are not planned to be constructed simultaneously.
2. Please change drainage easements to Private drainage easements. Also add a
note stating who's responsible of maintaining the private drainage easement.
3. Please show a 20 feet rear PUE along lots that have the rear facing the
Unplatted Duck Haven, or show a future 10 feet PUE along the Unplatted Duck
Haven totaling 20 feet PUE.
4. FYI please provide a letter from Wellborn SUD that they are willing and have
capacity to serve the additional development during the final plat.
Reviewed by: Kevin Ferrer Date: December 3, 2014
ELECTRICAL COMMENTS REQUIRING IMMEDIATE ATTENTION
1. This project location is outside of CSU certification area. CSU will not provide
electric service to this project location.
1. To discuss any of the above electrical comments please contact Gilbert Martinez at
979.764.6255, Sam Weida at 979.764.6314, or Weldon Davis at 979.764.5027.
Reviewed by: Gilbert Martinez Date: December 3, 2014
SANITATION
1. Sanitation is ok with this project.
Reviewed by: Wally Urrutia Date: November 20 , 2014
2 of 2
~ ............... ____________ ~CITY OF COI..LEGE STATION
Home of Texas A&M University" _______ ... ...----........
MEMORANDUM
DATE: November 18, 2014
Travis Martinek, via; travis@clarkewyndham.com I TO:
FROM: Jerry Cuaron, Staff Planner
SUBJECT: DUCK HAVEN PH 7 & 8 (PP)
Thank you for the submittal of your Preliminary Plan application. Kevin Ferrer, Graduate
Engineer I, 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 Thursday, December 4,
2014. If you have questions in the meantime, please fel l ree to contact us.
PC: Jeff Robertson , via ; jeffr@mcclurebrowne.com
P&DS Project No. 14-00900278
Pla11ning & Development Sei·vices
P.O. BOX 9960 • 1101 ·n~XAS AVENUE · COLLEGE STATION · TEXAS · 77842
TEL ')79.764.3570 ·FAX. 979.764.3496
cst>1.gov/devservices
CLARKE & WYNDHAM
REAL ESTATE INVESTMENT SERVICES
TRAVIS MARTINEK
3608 East 29th Street, Suite 100
Bryan, Texas 77802
Office: (979) 846-4384 Fax: (979) 846-1461 Cell: (979) 229-9877
TRANSMITTAL SHEET
TO: DATE:
Jerry Cuaron 12/18/2014
COMPANY: TOTAL NO. OF PAGES INCLUDING COVER:
CS Ping & Dvlpmt Serv See below
FAX NUMBER: PHONE NUMBER:
RE:
Duck Haven -Phases 7 & 8 Preliminary Plan
0 URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE
NOTES/COMMENTS:
Jerry,
Attached are the following:
• Response to staff comments
• Email from Wellborn Water
• Email from Jeff Robertson
• 2 -24"x36" copies of the revised Preliminary Plan
Let me know if you need anything further.
Thanks,
Travis
1i1 ,J1r
~
18·fJ~·t1
)\.~