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14-274
FOR OFFICE US!;: ONLY I I CASE NO.: \ 1'1--2-1.'"'r DATE SUBMITTED: \\I\ ~ \ l '-l TIME: L\ : Z.:2 C 1Tv oF Co1.1.1,GE STATION Home of Texas A&M Unhmiiy• STAFF: _./\~J~------ ABANDONMENT OF PUBLIC RIGHT-OF-WAY/EASEMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: /!Y'.( $700 Abandonment of Public Right-of-Way/Easement Application Fee. /0' 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. ~ All exhibits processed (except for Exhibit No. 4, which will be processed by staff). ff' 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 For unplatted property, a signed, sealed and dated metes and bounds description and a diagram of the property showing the location of the abandonment. v ff For platted property, a copy of the plat showing the lot, block, subdivision, and recording information. LOCATION OF RIGHT-OF-WAY/EASEMENT TO BE ABANDONED (include legal description): f:/em'}a.,n F Kitt?t1 JJb::J;r/1'.:xrn~ Phase /wo w58 ~31? R. '2.~\ 1 " APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name Co..leJo Vev1.AALL Street Address City /Jryu1 f 31 8 f/_ lhv~ A\N._. Phone Number '17 '1 -7 o J -' I 7 Cf State Fax Number PROPERTY OWNER'S INFORMATION (ALL owners must be identified. Please attach an additional sheet for multiple owners): Name L 2-V Pr op-e/+.--e '5 , L L c I 7 Street Address: 31 'ii # fky ~ ~ City ___,_/3""'"'+,Y...;;.1'41-'--'--------------State -~-'---------Zip Code 7 7 go 3 Phone Number 'J 7 '1 -7 D J -" 7 9 Fax Number ------------- The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true and correct. 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 of the owner. If there is more than one owner, all owners must sign the application or 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 Signature and title Date 10/10 Page 1of8 TO THE MAYOR AND CITY COUNCIL OF THE CITY OF COLLEGE STATION: The undersigned hereby makes application for the abandonment of that portion of the above right-of-way particularly described in Exhibit No. 1, attached. In support of this application, the undersigned represents and warrants the following: 1. The undersigned will hold the City of College Station harmless, and indemnify it against all suits, costs, expenses, and damages that may arise or grow out of such abandonment. 2. Attached, marked Exhibit No. 1, is a sealed metes and bounds description of the area sought to be abandoned, prepared by a Registered Public Surveyor. 3. Attached, marked Exhibit No. 2, is a copy of a plat or detailed sketch of that portion of the public right-of-way/ easement sought to be abandoned and the surrounding area to the nearest streets in all directions, showing the abutting lots and block, and the subdivision in which the above described right-of-way/easement is situated, together with the record owners of such lots. 4. Attached, marked Exhibit No. 3, is the consent of all public utilities to the abandonment. 5. Attached, marked Exhibit No. 4, is the consent of the City of College Station staff to the abandonment. 6. Attached, marked Exhibit No. 5, is the consent of all the abutting property owners, except the following: (if none, so state) State _________ Zip Code _____ _ Reason consent was not obtained: ----------------------------1 f objecting, points of objection: Name E-mail Street Address City State ________ Zip Code Reason consent was not obtained: ---------------------------- 1 f objecting, points of objection: Name E-mail ------------------------~ ---------- Street Address City State Zip Code --------- Reason consent was not obtained: ---------------------------- 1 f objecting, points of objection: 10/1 0 Page 2 of 8 7. That the abandonment will not result in property that does not have access to public roadways or utilities because: 8. That there is no current public need or use for the easement or right-of-way because: ..J _ ~ -ro c..o~-•u.c.* vt~W wdw-/~ So J.o vt.ot-~ Wf, 1rf,.......,_ ~Hv ~ 1 ......._ a.se..~ eq~. 9. That there is no anticipated future public need or use for the easement or right-of-way because: I fJ, 0 fl ._ I oc .:14 10. That all public utilities have access to serve current and future customers because: e-~1..e.~ r~71 ~"i$:lr bid-If ....-..n· 7J .Jo 54!-¢11<-i\u...> /,Al,.:t:;; 1.~. 11 . Such public right-of-way/easement has been and is being used as follows: I 4 wMT I r ,,.,..,) ,.,, •. ~ u'IM'i';Y I swear that all of the information contained in this application is true and correct to the best of my knowledge and belief. Signature and title ST A TE OF TEXAS COUTY OF BRAZOS 10/10 7 ;;; Date § § ACKNOWLEDGEMENT 0 ~~· a Notary Public, this ~ day of _.N___..n..._~-'-=-----"--'--------· 2, by CARMA KUBU My Commission Expires De cember 9, 201 7 Page 3 of 8 Application for Abandonment of a Public Right-of-Way/Easement Location: '2-31'5 i .Z.317 TRX© Ave,. 5. EXHIBIT NO. 1 Attached is a sealed copy of the metes and bounds description of the public right-of-way/easement situated in Addition/Subdivision to the City of College Station, Brazos County, Texas, sought to be abandoned. 10/10 Page 4 of 8 Application for Abandonment of a Public Right-of-Way/Easement Location: ZO !-:> ~ V31 J TexttJ /w'e..5 . EXHIBIT NO. 2 Attached is a copy of a plat or detailed sketch of the public right-of-way/easement sought to be abandoned in the above- mentioned application, showing the surrounding area to the nearest streets in all directions, abutting lots, the block or blocks in which the portion of the public right-of-way/easement sought to be vacated is situated, and the addition or subdivision in which the portion of the public right-of-way/easement sought to be abandoned is situated. Also, the names of record owners of the abutting lots are shown. 10/10 Page 5 of 8 Appllcallon for Abandonment of a Public Righi-of-Way/Easement . Location: KrytJ?L [;u ft,.d/v1st~n~ fJA ..Jt t<J./-'r'.B ~'010 8. t..?11 T.elCtl~ /w<._. $. EXHIBIT NO. 3 "The understgned publtc ulllily companies, using or enlllled to use, under U1e terms and provisions of our respecUve franchises wllh the City of College Station, Iha! portion of Iha publlo rlght-of-way/ulillly easement sought lo be abandoned In the Application for Abandonmenl above referred lo, do hereby consent lo lhe abandonment of the described porllon !hereof. ATMOS ENERGY By: Title: ---------------- VERIZON TELEPHONE COMPANY SUDOENUNK COMMUNICATIONS By: Tltle: ---------------- BRYAN TEXAS UTILITIES By:~~ 11Ua: 1&'f ~ ~ 10/10 Page Gora Application for Abandonment of a Public Right-of-Way/Easement Location: Z.ofQ & L.~l 1 TeAAS Me.$. EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. ATMOS ENERGY By: c'b~~ Title: _ ___,P,""""r'--o ,.,..r_e_~ ____ .s:;=-"'~....;;~;;_o_,_'&_;....:;.)..f-____ _ VERIZON TELEPHONE COMPANY By : Title: ------------------ SUDDENLINK COMMUNICATIONS By ~·-~ BRYAN TEXAS UTILITIES By: Title: ------------------ 10/10 Page 6 of 8 Application for Abandonment of a Public Right-of-Way/Easement Location: Z"Oft? 2.. 22\ J T~ Ave,. 5. EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. ATMOS ENERGY By : c't:>~~ ::::;> Title: -~P,--r---,0 ,,,...T.e_of-_· _ ___.5,;.........,...~_&._1_'&_;_~----- VERIZON TELEPHONE COMPANY By : Title: ------------------ SUDDENLINK COMMUNICATIONS By : Title: ------------------ BRYAN TEXAS UTILITIES By : Title: ------------------ 10/1 0 Page 6 of 8 Application for Abandonment of a Public Right-of-Way/Easement Location: 22:,t~ & ~~I 'I T~ /tve,. ~ · EXHIBIT NO. 4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above from the standpoint of City of College Station ordinances and with respect to present and future needs of the City of College Station and see no objection to the requested abandonment from the City's standpoint. 10/10 Zoning Officia~ City of College Station Electric Department City of College Station Public Works Director City of College Station 2 Building Official City of College Station Fire Marshal City of College Station Water Services Department City of College Station Page 7 of 8 Application for Abandonment of a Public Right-of-Way/Easement Location: z.:3115 & z.?IJ Textis ft.Ve. 3 EXHIBIT NO. 4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above from the standpoint of City of College Station ordinances and with respect to present and future needs of the City of College Station and see no objection to the requested abandonment from the City's standpoint. 10/10 City Engineer City of College Station Zoning Officia~ City of College Station Electric Department City of College Station Public Works Director City of College Station Fire Marshal City of College Station Water Services Department City of College Station Page 7 of8 Application for Abandonment of a Public Right-of.way/Easement Location: Z-315 L :Z.311 TeKllSA,v!L. ~. EXHIBIT NO. 4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right·Of·way/easement referred to above from the standpoint of City of College Station ordinances and with respect to present and future needs of the City of College Station and see no objection to the requested abandonment from the Ctty's standpoint. 1Q/10 City Engineer City of College Station Zoning Official City of College Station Electric Department City of College Station Public Works Director City of College Station Building Official City of College Station if6Marshal City of College Station Water Services Department City of College Station Page 7 ol B Applicatioh for Abandonment of a Public Right-of-~ay/Easement , . . ~ Location: d,3 ) 5 -.. a 3 1 ·'\"f:f4\ 5 A'!' ~ EXHIBIT NO. 4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to ·above from the standpoint of City of College Statiqn ordinances and with respect to present and future needs of the City of College Station and see no objection to the requested abandonment from the City's standpoint. 10/10 City Engineer City of College Station ' """).:~~,-.._::,._.:~.~ Zoning Officia~ City of College Station Electric Department City of College Station Public Works Director City of College Station Building Official City of College Station Fire Marshal City of College Station Water Services Department City of College Station Page 7 ofS -------------!"~.-----------,-------... -----·----------·· ...... Application for Abandonment of a Public Right-of-Way/Easement Location: 2315 & 2317 Texas Ave (ABAN) EXHIBIT NO. 4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the. pubUc right-of-way/easernent referred to above from the standpoint of City of College Station ordinances and with respect to present and future needs of the City of College Station and see no objection to the requested abandonment from the City's standpoint. 10/10 City Engineer City of College Station Zoning Official City of College Station . . 1J'40:JL . Electr't~nt · . . . _.:._._.~~ City of College Station I,;} -I 7 Public Works Director City of College Station Building Official City of College Station Fire Marshal City of College Station Water Services ·Department . City of College Station Page 7 of 8 Application for Abandonment of a Public Right-of-Way/Easement Location: ~3f'5 &,.1;311 T~ Ave_. 5. EXHIBIT NO. 4 The undersigned, City staff of the City of College Station. certify that they have carefully considered the Application for Abandonment -of the public right-of-way/easement referred to above from the standpoint of City of College Station ordinances and with respect to present and future needs of the City of College Station and see no objection to the requested abandonment from the City's standpoint. 10/10 City Engineer City of College Station Zoning Offlciar':i City of College Station Electric Department City of College Station Public Works Director City of College Station Building Official City of College Station Fire Marshal City of College Station Page 7 of6 Application for Abandonment of a Public Right-of-Way/Easement Location: ~1'3 &. t.?11 ~ Ave,. '5 · EXHIBIT NO. 5 The undersigned, owners of property abutting upon that portion of the public right-of-way/easement named and described in the Application for Abandonment of a Public Right-of-Way/Easement referred to above, do hereby consent to such abandonment. NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: 10/10 Print Form :J Page 8 of 8 LEGAL NOTICE DATE TO BE PUBLISHED: MONDAY, FEBRUARY 23 , 2015 BILL TO: Brittany Caldwell City of College Station P.O. Box 9960 College Station, TX 77842 NOTICE OF PUBLIC HEARING: ONLY The College Station City Council will hold a public hearing to consider an EASEMENT ABANDONMENT for 2315 and 2317 Texas Avenue South. The hearing will be held in the Council Chambers of the College Station City Hall , 1101 Texas Avenue at the 7:00 p.m. meeting of the Council on Thursday, March 12, 2015. For additional information regarding this public hearing, please contact Erika Bridges, the Project Manager, with Planning & Development Services at 979 .764.3570. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements please call 979.764.3541 or (TDD) 1.800.735.2989. February 23, 2015 TO WHOM IT MAY CONCERN : CITY OF COLLEGE STATION Home of Texas A&M University" Re: Consideration of an EASEMENT ABANDONMENT request for 2315 and 2317 Texas Avenue South . NOTICE OF PUBLIC HEARING This is to notify you that the City of College Station is considering an EASEMENT ABANDONMENT request for the following property: Applicant: Project Number: Subject Property: CALEB VENABLE 14-0090027 4 2315 and 2317 TEXAS AVES (See attached location map .) The City Council will hold a public hearing to consider the request on Thursday, March 12, 2015, at 7:00 p.m. The public hearing will be held in the City Hall Council Chambers located at 1101 Texas Avenue , College Station, Texas. All owners of the subject property and property owners within 200 feet of the subject property have received notification of this request. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements please call 979 .764.3541 or (TDD) 1.800.735.2989. For additional information regarding this public hearing, please contact the Project Manager with Planning & Development Services at 979.764.3570. Erika Bridges PROJECT MANAGER Planning & Development Servfres P.O. BOX 9960 • 110 I TEXAS AVENUE • COLLEGE STATION • TEXAS • 77842 T EL. '>79.764 :~5 7 0 •FAX. 979.764.~~4% cstx.gov/devservices I N R E RS GS R -1B D T / / / Rural Estate 7 Restricted Suburban General Suburban Single Family Residential Duplex Townhouse R-4 R-6 MHP 0 SC GC Cl BP c.:r~ DEVELOPMENT REVIEW / / / / / / / / Multi-Famliy High Density Multi-Family Manufactured Home Park Office Suburban Commercial General Commercial Commercial-Industrial Business Park A / ""' / / / '" 5 BPI NAP C -3 M-1 M-2 C-U R&D P-MUD 3R-2 Business Park Industrial Natural Areas Protected Light Commercial Light Industrial Heavy Industrial College and University Research and Development Planned Mixed-Use Development PDD - 11 23 15 AND 23 17 TEXAS AVES I lease : : 14-274 POD WPC NG -1 NG-2 NG-3 ov ROD KO 'l 8 'l 'l 'l! ' 6 .. -· > / Planned Development District Wolf Pen Creek Dev. Corridor Core Northgate Transitional Northgate Residential Northgate Corridor Overlay Redevelopment District Krenek Tap Overlay ABANDONMENT I I R E RS GS R-18 D T Rural Estate Restricted Suburban General Suburban Single Family Residential Duplex Ti 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 Business Park BPI NAP C-3 M-1 M-2 C-U R&D P-MUD 3R-2 Business Park Industrial Natural Areas Protected Light Commercial Light Industrial Heavy Industrial College and University Research and Development Planned Mixed-Use Development - I 2315 AND 2317 TEXAS AVES : 14-274 lease: 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 Krenek Tap Overlay ABANDONMENT I lvr 2315 AND 2317 TEXAS AVES I lease: 14-274 ABANDONMENT I DEVELOPMENT REVIEW N .: ., ... •i . ;i ,.. Scale: 1 Inch= 25 Feet Area: 0.069 Acres (3,026.19 Square Feet) 14-274 ABANDONMENT 2315 & 2317 TEXAS AVE SQ FT 3026 Area: 0.069 Acres (3,026.19 Square Feet) Perimeter: 352.75 Feet Gap= 0.004 z 0 0 c'l 0 6 <:; [Tl w 0 ~ 1. N41 °58'11"E 140.08' 5. N00°oo·oo"E 30.13' 2. S48°12'12"E 20.00' 3. S41°58'll"W 140.08' 4. S41°35'49"W 22.46' GAP error cannot be greater than 0.10 (See SOP for Exceptions) CLOSED 11-26-2014 BR REPLAT ~·-·- LOT 58-R // -\;(// ~<'-~;".:>//'·····,·.,· .. ~/// l/lllO<--- = CIPl!f'1C'A1': OT ON l'\-o ~t-.--,;;ai;_ ........... ,._°t.'::"'"'~Clllo ....... c.o..o -....-... .... Clllr .. C:..,0- ... u .... -~- SCALE: 1" O' JO' JI"'! 30' ... :5:.~~~~=..=::=-:-~~---------· ·--U::-... ,.. __ ....,..,,__ -~--~-~~-=--::~~=-~-- --,.,,.---·---~· ---- _ ............. c......i..t- ~--• .....-----•Ml2.lo ... -.. -. ............... ___________ ., ____ .._,, __ _..,-------... -..... - hii-.iJ.1..l ... •tiii FINAL PLAT or LOT 58-R HERMAN F. KRENEK SUBDIVISION PHASE T'lfO BEING A REPLAT OF LOT 2, BLOCK 1, KIRKPATRICK SUBDIVISION VOLUME 729, PAGE 77 1 ANO LOT 58, HERMAN F". KRENEK SUBDIVISION PHASE TWO. VOLUME 6112, PAGE 1<9 ANO THE ADJOINING 0 665 ACRE UNPLAITED TRACT 2.61 ACRES MORGAN RECTOR LEAGUE, A-46 COLLEGE STATION, BRAZOS COUNTY, TEXAS SCALE: I ll"CH • JO F(CT ft ~ ~ SURv'CY 0-.TE· .... y 2014 M\ IA ~ Pl.AT OAT(: 10-J0-1• JOllM)lil8(1t• 14-1'2 CACIMAWC.14-762 c~ ru. u-"'' Scale = 1: 33 (Feet) 1 S 48° 12' 12" E 20 2 S41°58'11"W140.08 3 S41°35'49"W22.46 5 4 4 N 30.13 5 N 41° 58' 11 " E 140.08 Scale = 1: 56 (Feet) 1 S 48° 12' 12" E 299.77 2 s 41° 46' 19" w 10 3 N 48° 12' 12" W 299.81 4 N 41 ° 58' 11" E 10 3 Scale = 1: 35 (Feet) 1 N41°46'19"E186.83 2 S 48° 12' 12" E 5 3 S41°46'19"W186.73 4 N49°20'11"W5 Scale = 1: 18 (Feet) 1 S 4 7° 39' 53" E 10 2 s 41° 35' 49" w 87.94 3 N 48° 03' 26" W 10 4 N 41 ° 35' 49" E 88.01 4 3 METES AND BOUNDS DESCRIPTION OFA 12' PORTION OF A 40' ACCESS AND UTILITY EASEMENT MORGAN RECTOR LEAGUE, A-46 COLLEGE STATION, BRAZOS COUNTY, TEXAS om METES AND BOUNDS DESCRJPTION OF A 12.00 FOOT PORTION OF AN EXISTING 40.00 FOOT WIDE ACCESS AND UTILITY EASEMENT LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, AS DESCRJBED IN VOLUME 488, PAGE 519 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING A PORTION OF A CALLED 0. 752 ACRE TRACT DESCRJBED AS TRACT 1 BY A DEED TO LZV PROPERTIES, LLC RECORDED IN VOLUME 12185, PAGE 116 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING MORE PARTICULARLY DESCRJBED BY METES BOUNDS AS FOLLOWS: COMMENCING AT 3/8 INCH IRON ROD FOUND MAR.KING THE NOR CORNER OF LOT 1 B, BLOCK 1, AND THE WEST CORNER OF L 2, BLOCK l ,KIRKPATRJCK SUBDIVISION :A.CCORDING TO THE PLAT RECORDED IN VOLUME 729, PAGE 771 F THE OFFICIAL RECORDS OF BRAZOS UNTY, TEXAS; THENCE: S 48°03' 26" EALO GTHECOMMON LINE OF SAID T lB AND SAID LOT2 FORA DISTANCE OF 194:49 FEET TO THE SOUTH CORNER F SAID LOT 2 AND A WEST C RNER OF SAID 0.752 ACRE TRACT AND THE POINT OF BEGINNING OF THIS HERE ESCRJBED EASEME THENCE: 41 ° 35' 49" EALONGTHE OMMONLINEOF AID LOT2ANDSAID0.752ACRETRACTFORADISTANCE OF 88.01 FEET TO THE EAST CORNER F SAID LOT 2; THENCE: THROUGH SAID 0.752 ACRE T FOLLOWING CALLS: S 47° 39' 53" E ACROSS THE END OF SAI S 41 ° 35' 49" W, 12.00 FEET FROM AND P LEL TO THE COMMON LINE OF SAID 0.752 ACRE TRACT AND SAID LOT 2, FOR A DISTANCE OF 7.93 ET TO THE COMMON LINE OF SAID LOT 1B AND SAID 0.752 ACRE TRACT, FOR REFERENCE 1/2 I NC RON ROD FOUND ON THE NORTHWEST LINE OF LOT SB, HERMAN F. KRENEK SUBDIVISIO , PHASE T ACCORDING TO THE PLAT RECORDED IN VOLUME 6112, PAGE 149 OF THE OFFICIAL P IC RECORDS BRAZOS COUNTY, TEXAS, MARKING THE SOUTH CORNER OF SAID 0.752 ACRE TRAC AND THE EAST RNER OF SAID LOT 1B BEARS: S 48° 03' 26" E FOR A DISTANCE OF 28.00 FEET; THENCE: N 48° 03' 26" W ALONG T E COMMON LINE OF S LOT lB AND SAID 0.752 ACRE TRACT FOR A DISTANCE OF 12.00 FEET TO THE P NT OF BEGINNING CONT ING 1055.6 SQUARE FEET OF LAND, MORE OF LESS, AS SURVEYED ON THE GR UND. BEARING SYSTEM SH HEREIN IS BASED 0 GRJD NORTH AS ESTABLISHED FROM GPS OBS VATION. SEE PLAT PREP JULY 20 15 FOR MORE DESCRJPTIVE INFORMATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORK/MAB/l 4-762E-4.MAB % q,, 'V O..y "&· /,?, o o'V lf· 1) '°6'·· Oo 4-"'ou. LOT 2, BLOCK 1 KIRKPATRICK SUBDIVISION PLAT 729/771 ,,.,, ~o ~".9·6>~ LOT 1 B, BLOCK 1 ~J.'. KIRKPATRICK SUBDIVISION PLAT 729/771 / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 40' ACCESS AND / UTILITY EASEMENT / 488/519 / / / / / / / / / / / / / / N/F LZV PROPERTIES, LLC 0.752 ACRE TRACT TRACT 1, 12185/116 / 47"39'53" E 12.00' / / / / / 24' PRIVATE ACCESS EASEMENT PLAT 729/771 / / / / / / / / / / / LOT 5B SCALE: 1 " = 30' / ~ HERMAN F. KRENEK SUBDIVISION PHASE TWO / / / / / / / / 20' PUBLIC UTILITY EASEMENT 6112/149 1 /2 INCH IRON ROD FOUND SEE METES AND BOUNDS PREPARED JULY 2015 FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREON IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. PLAT 6112/149 SURVEY PLAT OF A PORTION OF A 40' ACCESS AND UTILITY EASEMENT MORGAN RECTOR LEAGUE, A-46 COLLEGE STATION, BRAZOS COUNTY, TEXAS SCALE: 1 INCH = 30 FEET SURVEY DATE: MAY 2014 PLAT DATE: 07-06-15 JOB NUMBER: 14-762 CAD NAME: 14-762 PREPARED BY: KERR SURVEYING, LLC 409 N. TEXAS AVENUE BRYAN, TEXAS 77803 PHONE (979) 268-3195 Scale = 1: 18 (Feet) 1 N 41° 35' 49" E 88.01 2 S47°39'53"E12 3 S41 °35'49"W87.93 4 N 48° 03' 26" W 12 / 4 METES AND BOUNDS DESCRIPTION OFA 20' PUBLIC UTILITY EASEMENT HERMAN F. KRENEK SUBDIVISION, PHASE TWO COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF A PORTION OF AN EXISTING 20.00 FOOT WIDE PUBLIC lITILITYEASEMENT LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING A PORTION OF LOT 5B, HERMAN F. KRENEK SUBDNISION, PHASE TWO, ACCORDING TO THE PLAT RECORDED IN VOLUME 6112, PAGE 149 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 1/2 I NCH IRON ROD FOUND ON THE SOUTHEAST LINE OF A CALLED 0.752 ACRE TRACT DESCRIBED AS TRACT 1 BY A DEED TO LZV PROPERTIES, LLC RECORDED IN VOLUME 12185, PAGE 116 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE NORTH CORNER OF SAID LOT 5B AND A WEST CORNER OF AlITUMN CHASE SUBDNISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 7703, PAGE 285 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 41° 58' 11" W ALONG THE COMMON LINE OF SAID LOT 5B AND 0. 752 ACRE TRACT FORA DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED EASEMENT; THENCE: THROUGH SAID LOT 5B FOR THE FOLLOWING CALLS: S 48° 12' 12" EALONG THE EXTENSION OF THE SOlITHWEST LINE OF SAID EXISTING EASEMENT FORA DISTANCE OF 20.00 FEET; S41° 58' ll"W ALONGTHESOUTHEASTLINEOF SAIDEXISTINGEASEMENTFORADISTANCEOF 140.08 FEET; S 41 ° 35' 49" W CONTINUING ALONG THE SOlITHEAST LINE OF SAID EXISTING EASEMENT FOR A DISTANCE OF 22.46 FEET; NORTH FOR A DISTANCE OF 30.13 FEET TO A 1/2 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF SAID LOT 5B MARKING THE COMMON CORNER OF LOTS lB AND 2, BLOCK 1, KIRKPATRICK SUBDNISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 729, PAGE 771 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A 1/2 INCH IRON ROD FOUND MARKING THE WEST CORNER OF SAID LOT 5B BEARS: S 41° 35' 49" W FOR A DISTANCE OF 52.58 FEET; THENCE: N 41° 58' 11" E ALONG THE COMMON LINE OF SAID LOT 5B AND SAID LOT 2AND SAID 0.752 ACRE TRACT FORA DISTANCE OF 140.08 FEET TO THE POINT OF BEGINNING CONTAINING 3026 SQUARE FEET OF LAND, MORE OF LESS, AS SURVEYED ON THE GROUND. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. SEE PLAT PREPARED NOVEMBER 2014 FOR MORE DESCRIPTIVE INFORMATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORK/MAB/14-762E.MAB / SCALE : 1" 30' LOT 2, BLOCK 1 KIRKPATRICK SUBDIVISION PLAT 729/771 LOT 1 B, BLOCK 1 / / / / / / / / / // 1 /2 INCH IRON ROD FOUND / KIRKPATRICK SUBDIVISION / / / / / / / / 1/2 INCH IRON ROD FOUND / / / / LOT 5A / / / / / / / / / / / / / / / / / / N/F LZV PROPERTIES, LLC 0. 752 ACRE TRACT TRACT 1, 12185/116 / / / / POINT OF BEGINNING -----..:. 1/2 INCH IRON ROD FOUND AUTUMN CHASE SUBDIVISION PLAT 7703/285 20' PUBLIC UTILITY EASEMENT 6112/149 LOT 5B SEE METES AND BOUNDS PREPARED NOVEMBER 2014 FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREON IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. LINE BEARING DISTANCE L1 S 48'12'12" E 20.00· L2 s 41'35'49" w 22.46' L3 N oo·oo·oo" E 30.13' SURVEY PLAT OF A PORTION OF A PUBLIC UTILITY EASEMENT PORTION OF LOT 58 HERMAN F. KRENEK SUBDIVISION, PHASE TWO VOLUME 6112, PAGE 149 COLLEGE STATION, BRAZOS COUNTY. TEXAS SCALE: 1 INCH = 30 FEET SURVEY DATE: MAY 2014 PLAT DATE: 11-18-14 JOB NUMBER: 14-762 CAD NAME: 14-762 PREPARED BY: KERR SURVEYING, LLC 409 N. TEXAS AVENUE BRYAN, TEXAS 77803 PHONE (979) 268-3195 tm l. aJ)l;a I ----· / ,// ///,/ /,,// / ·-~ ~-~ ----=~Cf"(~ ----= ~ LDT J, aoat I ""'" HPIWI '-uc:NDI tumlMSION l'Mt.K T'WO 11'\.AI IJIU/149 ·,,=---::: '.;>; SCALE: 1" 30' .. 11'1 L!i.:!(::!J' ... :....::i!l~.::i;::s==,~~..!..:t:S:o:-.· ~~·~""=£-= .. .:a7.,~'"'w-..:..."'..:;:,":"--.. ~1!,:.,:,·~o ~;t~~~a~.;;1,rli.}S..~if~'· ~~~·a.:.::a.::.cs~e-~ .. ~:-..~-"'" ... ·~..:s=r: ~~:.r~:=.~~~" ... '1.-t:."" .. i::.-~~1J:,':,,;--· ?::a:=:::.:.:-::.:-... -.:.·..::.-::.-:.-:!:.:.':.:.=:~~~ ::7~;.; .. 5=.~.~rg:.s:.?:ji::::A~.::· AS-BUILT SURVEY PLAT OF A 2.61 ACRE TRACT MORGAN RECTOR LEAGUE, A-46 INCLUDING LOT 2. BLOCK 1 KIRKPATRICK SUBDIVISION VOLUME 729, PAGE 771 & LOT SB HERMAN F. KRENEK SUBDIVISION PHASE TWO VOLUME 611 2. PAGE 149 COLLEGE STATION. BRAZOS COUNTY. TEXAS SCAL.EllNCH•30rtl1 'F-f It K.:; SURVEY n-.Tt: MAY 2014 ).I\ C ~T :U-~io::O~~;~; '--'----' CAO Not.ME: 1-'-762 CR~ nL£: 14-347 PREPARCO 8Y l<(RR SURV(YING, LLC 409 Jr'I TEXAS AvtHIJE SltYAN, T[>tAS 7780J ilOHON( (17t) 26e-J1'~ METES A 1D BOUNDS DESCRIPTION OFA 5' PORTION OF A PUBLIC UTILITY EASEMENT HERMAN F. KRENEK SUBDIVISION, PHASE TWO COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF A S.00 FOOT PORTION OF AN EXISTING 10.00 FOOT WIDE PUBLIC UTILITY EASEMENT LYING AND BEING SITUATED IN COLLEGE STATIO , BRAZOS COUNTY, TEXAS. SAID EASEME T BEING A PORTION OF LOT SB, HERMAN F. KRENEK SUBDIVISIO , PHASE TWO, ACCORDING TO THE PLAT RECORDED IN VOLUME 6112, PAGE 149 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 1/2 INCH IRO ROD FOUND ON THE NORTHWEST LINE OF BLOCK I, BRE TWOOD, SECTIO ONE, ACCORDING TO THE PLAT RECORDED IN VOLUME 33S, PAGE 313 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE SOUTH CORNER OF SAID LOT SB AND THE EAST CORNER OF LOT SA, HERMAN F. KRE EK SUBDIVISION, PHASE TWO, FOR REFERENCE A 1/2 INCH IRON ROD FOUND MARKING THE EAST CORNER OF SAID LOT SB BEARS: N 41° 46' 19" E FOR A DISTANCE OF 206.63 FEET; THENCE: N 49°20' 11" W ALONGTHECOMMONLINEOF SAIDLOT SB AND LOT SA FOR A DISTANCE OF S.00 FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED EASEMENT; THENCE: N 49° 20' 11" W CONTINUING ALONG THE COMMON LINE OF SAID LOT SB AND LOT SA FOR A DISTANCE OF S.00 FEET TO THE ORTHWEST LINE OF SAID EXISTING EASEMENT' THENCE: THROUGH SAID LOT SB FOR THE FOLLOWING CALLS: N 41 ° 46' 19" E ALONG THE NORTHWEST LINE OF SAID EXISTING EASEMENT FOR A DISTANCE OF 186.83 FEET; S 48° 12' 12" E ALONG THE EXTE SION OF THE SOUTHWEST LINE OF AN EXISTING 20.00 FOOT WIDE PUBLIC UTILITY EASEMENT (PLAT 6112/149) FOR A DISTANCE OF S.00 FEET; S 41° 46' 19" W THROUGH SAID EASEMENT, S.00 FEET FROM AND PARALLEL TO THE SOUTHEAST LINE OF SAID LOT SB, FOR A DISTANCE OF 186.73 FEET TO THE POINT OF BEGINNING CONTAINING 934 SQUARE FEET OF LAND, MORE OF LESS, AS SURVEYED ON THE GROUND. BEARING SYSTEM SHOWN HEREIN IS BASED 0 GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. SEE PLAT PREPARED JUNE 20 IS FOR MORE DESCRIPTIVE INFORMA ION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4S02 D:/WORK/MAB/J 4-762E-2.MAB SCALE: 1" 30' LOT 58 HERMAN F. KRENEK SUBD IVISION / PLAT 6112/149 / << / POINT OF -~/-~ BEGINNING / / / / / / / 1 /2 INCH IRON ROD FOUND 20' PUBLIC UTILITY EASEM ENT 6112/149 " :::..,, " " " 1 O' PUBLIC 'X...J UTILITY EASEMENT /{fY> 6112;149 ~;~vp'7 ~.1; .. F; PHASE TWO <v / ~<v"'7,co ~ / ~ //fv/ c; ',., ~~ "' / co ,~~~ "'"° / t<" t></0Cf,e>.> ..,..:.. / ~ l~(t<co ~ / "~·'// ~g 7 / SEE METES AND BOUNDS PREPARED JUNE 2015 FOR MORE DESCRIPTIVE INFORMATION. / / BEARING SYSTEM SHOWN HEREON IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. LINE BEARING DISTANCE L 1 N 49·20·11" w 5.00' L2 N 49·20'11" w 5.00' u S 48"12'1 2" E 5.00' / / / / SURVEY PLAT OF A PORTION OF A PUBLIC UTILITY EASEMENT PORTION OF LOT SB HERMAN F. KRENEK SUBDIVISION, PHASE TWO VOLUME 6112, PAGE 149 COLLEGE STATION , BRAZOS COUNTY, TEXAS SCALE: 1 INCH = 30 FEET SURVEY DATE: MAY 2014 PLAT DATE: 06-03-15 JOB NUMBER: 14-762 CAD NAME: 14-762 PREPARED BY: KERR SURVEYING, LLC 409 N. TEXAS AVENUE BRYAN, TEXAS 77803 PHONE (979) 268-3195 METES AND BOUNDS DESCRIPTION OFA 10' PORTION OF A PUBLIC UTILITY EASEMENT HERMA F. KRENEK SUBDIVISION, PHASE TWO COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRJPTION OF A 10.00 FOOT PORTION OF AN EXISTING 20.00 FOOT WIDE PUBLIC UTILITY EASEMENT LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID EASEME T BEING A PORTION OF LOT SB, HERMAN F. KRENEK SUBDIVISION, PHASE TWO, ACCORDING TO THE PLAT RECORDED IN VOLUME 6112, PAGE 149 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING MORE PARTICULARLY DESCRJBED BY METES AND BOUNDS AS FOLLOWS: COMME CING AT A 1/2 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF A CALLED 0.7S2 ACRE TRACT DESCRJBED AS TRACT 1 BY A DEED TO LZV PROPERTIES, LLC RECORDED IN VOLUME 1218S, PAGE 116 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE NORTH CORNER OF SAID LOT SB AND A WEST CORNER OF AUTUMN CHASE SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 7703, PAGE 28S OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A 112 INCH IRON ROD FOUND MARKING THE EAST COMTER OF SAID LOT SB BEARS: S 48° 12' 12" E FOR A DISTANCE OF 304.74 FEET; THENCE: S 41° S8' 11" W ALONG THE COMMON LINE OF SAID LOT 5B AND SAID 0. 7S2 ACRE TRACT FOR A DISTANCE OF I 0.00 FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED EASEMENT; THENCE: THROUGH SAID LOT SB FOR THE FOLLOWING CALLS: S 48° 12' 12" E, 10.00 FEET FROM AND PARALLEL TO THE NORTHEAST LINE OF SAID LOT SB, FOR A DISTANCE OF 299.77 FEET; S 41° 46' 19" W FOR A DISTANCE OF 10.00 FEET; N 48° 12' 12" W ALONG THE SOUTHWEST LINE OF SAIDEASEMENTFOR ADISTANCEOF299.81 FEET TO THE COMMON LINE OF SAID LOT SB AND SAID 0.752 ACRE TRACT; THENCE: N 41° S8' 11" E ALONG THE COMMON LINE OF SAID LOT SB AND SAID 0. 7S2 ACRE TRACT FOR A DISTANCE OF 10.00 FEET TO THE POI T OF BEGINNING CONTAINING 2998 QUARE FEET OF LAND, MORE OF LESS, AS SURVEYED ON THE GROUND. BEARJNG SYSTEM SHOWN HE IS BASED 0 GRJD NORTH AS ESTABLISHED FROM GPS OBSERVATION. SEE PLAT PREPARED J 2015 FOR MORE DESCRJPTIVE INFORMATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORK/MAB/14-762E-3.MAB LZV PROPERTIES, LLC 0.752 ACRE TRACT TRACT 1, 12185/116 1/2 INCH IRON ROD FOUND POINT OF BEGINNI G 20' PUBLIC UTILITY EASEMENT 6112/149 LOT 58 / < / / / / / / / / / HERMAN F. KRENEK SUBDIVISION PHASE TWO PLAT 6112/149 SURVEY PLAT OF A PORTION OF A PUBLIC UTILITY EASEMENT PORTION OF LOT 5B HERMAN F. KRENEK SUBDIVISION, PHASE TWO VOLUME 6112, PAGE 149 COLLEGE STATION, BRAZOS COUNTY, TEXAS SCALE: 1 INCH = 30 FEET SURVEY DATE: MAY 2014 PLAT DATE: 06-10-15 JOB NUMBER: 14-762 CAD NAME: 14-762 PREPARED BY: KERR SURVEYING, LLC 409 N. TEXAS AVENUE BRYAN, TEXAS 77803 PHONE (979) 268-3195 SEE METES AND BOUNDS PREPARED JUNE 2015 FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREON IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. LINE BEARING DISTANCE L1 s 41"58'11" w 10.00' L2 s 41"46'19" w 10.00' L3 N 41"58'11" E 10.00' SCALE: 1" 40' / / / / / / / / / / 5/B INCH IRON """"----ROD FOUND / / / / / METES AND BOUNDS DESCRIPTION OFA 10' PORTION OF A 40' ACCESS AND UTILITY EASEMENT MORGAN RECTOR LEAGUE, A-46 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRlPTION OF A 10.00 FOOT PORTION OF AN EXISTING 40.00 FOOT WIDE ACCESS AND UTILITY EASEMENT LYING AND BEING SITUATED IN COLLEGE STATIO , BRAZOS COUNTY, TEXAS, AS DESCRlBED IN VOLUME 488, PAGE 519 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING A PORTION OF A CALLED 0.752 ACRE TRACT DESCRlBED AS TRACT 1 BY A DEED TO LZV PROPERTIES, LLC RECORDED IN VOLUME 12185, PAGE 116 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING MORE PARTICULARLY DESCRlBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 3/8 INCH IRON ROD FOUND MARKING THE NORTH CORNER OF LOT lB, BLOCK 1, AND THE WEST CORNER OF LOT 2, BLOCK l,KIRKPATRlCK SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 729, PAGE 771 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 48° 03' 26" EALONGTHE COMMON LINE OF SAID LOT !BAND SAIDLOT2 FORA DISTANCE OF 194.49 FEET TO THE SOUTH CORNER OF SAID LOT 2 AND A WEST CORNER OF SAID 0.752 ACRE TRACT AND THE POINT OF BEGINNING OF THIS HEREIN DESCRlBED EASEMENT; THENCE: N 41 ° 35' 49" E ALONG THE COMMON LINE OF SAID LOT 2 AND SAID 0.752 ACRE TRACT FORA DISTANCE OF 88.01 FEET TO THE EAST CORNER OF SAID LOT 2; THENCE: THROUGH SAID 0.752 ACRE TRACT FOR THE FOLLOWING CALLS: S 47° 39' 53" E ACROSS THEE D OF SAID EXISTING EASEME T FOR A DISTANCE OF 10.00 FEET; S 41 ° 35' 49" W, 10.00 FEET FROM AND PARALLEL TO THE COMMON LINE OF SAID 0.752 ACRE TRACT AND SAID LOT 2, FOR A DISTANCE OF 87.94 FEET TO THE COMMON LINE OF SAID LOT 1B AND SAID 0.752 ACRE TRACT, FOR REFERENCE A 112 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF LOT SB, HERMAN F. KRENEK SUBDIVISION, PHASE TWO, ACCORDING TO THE PLAT RECORDED IN VOLUME 6112, PAGE 149 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE SOUTH CORNER OF SAID 0.752 ACRE TRACT AND THE EAST CORNER OF SAID LOT lB BEARS: S 48° 03' 26" E FOR A DISTANCE OF 30.00 FEET; THENCE: N 48° 03' 26" W ALONG THE COMMON LINE OF SAID LOT lB AND SAID 0.752 ACRE TRACT FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING CONTAINING 880 SQUARE FEET OF LAND, MORE OF LESS, AS SURVEYED 0 THE GROUND. BEARlNG SYSTEM SHOWN HE IN IS BASED ON GRID NORTH AS EST AB LI SHED FROM GPS OBSERVATION. SEE PLAT PREPARED JULY 2015 FO ORE DESCRlPTIVE INFORMATION. BRAD KERR REGISTERED PROFESSIO AL LAND SURVEYOR No. 4502 D:/WORK/MAB/14-762E-4.MAB / ~ ~ q,, 1' C'..y "&.1?-0 o-v <3'· 1l '''6•. Oo It-"'ou. -'& '1--o ~".9·0>~ LOT 1 B, BLOCK 1 ~~- LOT 2, BLOCK 1 KIRKPATRICK SUBDIVISION PLAT 729/771 POINT OF BEGINNING KIRKPATRICK SUBDIVISION \ / / / / / / PLAT 729/771 / / / / / / / / / / / / / / / / / / / N 48"03'26" W 1 o.oo· --/-..'.--3ii / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / N/F LZV PROPERTIES, LLC 0.752 ACRE TRACT TRACT 1, 12185/116 ~, / / / / 47"39'53" E 10.00' / / / / / / / / , 24' PRIVATE ACCESS EASEMENT PLAT 729/771 / / / / / / HERMAN F. / / / / / / 20' PUBLIC UTILllY EASEMENT 6112/149 / / / / 1 /2 INCH IRON ROD FOUND / / / / / / / / / / , LOT 58 SCALE: 1" KRENEK SUBDIVISION PHASE TWO PLAT 6 11 2/149 30' REVISED 07-07-15: DECREASED TO 10' WIDE SURVEY PLAT OF A PORTION OF A 40' ACCESS AND UTILITY EASEMENT MORGAN RECTOR LEAGUE, A-46 COLLEGE STATION, BRAZOS COUNTY, TEXAS SEE METES AND BOUNDS PREPARED JULY 2015 FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREON IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. SCALE: 1 INCH = 30 FEET SURVEY DATE: MAY 2014 PLAT DATE: 07-07-15 JOB NUMBER: 14-762 CAD NAME: 14-762 PREPARED BY: KERR SURVEYING, LLC 409 N. TEXAS AVENUE BRYAN, TEXAS 77803 PHONE (979) 268-3195 ,, GF No.: 144680 Examiner: Dawn Gibbs Effective Date: October 29, 2014 STATE OF TEXAS COUNTY OF BRAZOS NOTHING FURTHER CERTIFICATE THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they are reflected in the geographically indexed title plant of University Title Company as to the following property, to-wit: Tract One: Fee Simple All that certain tract or parcel of land lying and being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas. Said tract being the same tract of land called 0. 75 acres as described by a Deed to Betty Lou Thibodeaux recorded in Volume 3469, Page 110 of the Official Public Records of Brazos County, Texas. Said Tract being more particularly described by metes and bounds as follows: BEGINNING: at a 1/2 inch iron rod found on the Northwest line of a called 3.46 acre tract as described by a Deed to Charles R. Farrar, Sr., and Lucy H. Farrar, recorded in Volume 2312, Page 227 of the Official Public Records of Brazos County, Texas, said iron rod found marking the common corner of Lot lB and Lot 2, Block 1, Kirkpatrick Subdivision according to the plat recorded in Volume 729, Page 771 of the Official Records of Brazos County, Texas; THENCE: N 48° 03' 47" W along the common line of said Lot lB and Lot 2 for a distance of 40.00 feet to a 5/8 inch iron rod found on the Northwest line of a 40 foot wide utility and access easement as described in Volume 488, Page 519 of the Deed records of Brazos County, Texas, for reference a 3/8 inch iron rod found on the Southeast line of KFO Addition, Phase II, marking the common corner of said Lot I B and Lot 2 Bears: N 48° 03' 57" W for a distance of 194.58 feet; THENCE: N 41° 48' 05" E through said Lot 2 and along the Northwest line of said 40 foot wide easement for a distance of 87.92 feet to a 1/2 inch rod found on the Northeast line of said Lot 2; THENCE: N 48° 01' 19" W along the Northeast line of said Lot 2 for a distance of 194.80 feet to a 1/2 inch iron pipe found on the Southwest line of said KFO Addition, Phase II, marking the North corner of said Lot 2 and the Northwest corner of said 0.75 acre tract; ' ' THENCE: N 42° 16' 06" E along the common line of said 0.75 acre tract and KFO Addition, Phase II, for a distance of 119.48 feet to a 112 inch iron rod found marking the North corner of said 0.75 acre tract; THENCE: S 50° 16' 31" E along the common line of said 0.75 acre tract and a tract of land now or formerly belonging to Lois Kirkpatrick for a distance of 235.39 feet to a 112 inch iron rod found marking the East corner of said 0. 75 acre tract; THENCE: S 43° 00' 42" W along the common line of said 0.75 acre tract and a tract of land now or formerly belonging to Gerald W. Farrar for a distance of 56.51 feet to a 3/8 inch iron rod found marking the North corner of the aforementioned 3.46 acre tract; THENCE: S 41° 52' 42" W along the common line of said 0.75 acre tract and said 3.46 acre tract for a distance of 160.13 feet to the POINT OF BEGINNING containing 0.752 of an acre of land more or less. Tract Two: Fee Simple All that certain tract or parcel of land lying and being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas. Said Tract being a portion of Lot 2, Block 1, Kirkpatrick Subdivision, according to the Plat recorded in Volume 729, Page 771 of the Official Records of Brazos County, Texas, and being the same tract of land called 0.36 acres as described by a Deed to Betty Lou Thibodeaux recorded in Volume 3469, Page 110 of the Official Public Records of Brazos County, Texas. Said Tract being more particularly described by metes and bounds as follows: BEGINNING: at a 3/8 inch iron rod found on the Southeast line of KFO Addition, Phase II, marking the common corner of said Lot 2 and Lot lB, Block 1, Kirkpatrick Subdivision; THENCE: N 41° 39' 31" E along the common line of said Lot 2 and KFO Addition, Phase II, for a distance of 88.07 feet to a 112 inch iron pipe found marking the North corner of said Lot 2 and the Northwest corner of a called 0. 75 acre tract as described by a Deed to Betty Lou Thibodeaux recorded in Volume 3469, Page 110 of the Official Public Records of Brazos County, Texas; THENCE: S 48° 01' 19" E along the common line of said Lot 2 and said 0.75 acre tract for a distance of 194.80 feet to a 112 inch iron rod found marking an interior West corner of said 0. 75 acre tract; THENCE: S 41° 48' 05" W through said Lot 2 and along a Northwest line of said 0.75 acre tract for a distance of 87.92 feet to a 5/8 inch iron rod found on the common line of said Lot 2 and Lot lB, for reference a 112 inch iron rod found marking the common corner of said Lot 2 and Lot lB Bears: S 48° E 03' 57" W for a distance of 40.00 feet; THENCE: N 48° 03' 57" W along the common line of said Lot 2 and Lot lB for a distance of 194.58 feet to the POINT OF BEGINNING containing 0.393 of an acre of land more or less. Tract Three: Private Access Easement 24' wide private access easement as shown on the Kirkpatrick Subdivision Plat recorded in Volume 729, Page 771 of the Official records of Brazos County, Texas 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. And that our records reflect that the following is a true and correct list of documents affecting title to the real property described supra between the dates of August 1, 2014 and October 29, 2014: General Warranty Deed: Grantor: Sylvia H. Robinson Grantee: LZV Properties, LLC Dated: July 3, 2014 Recorded: Volume 12185, Page 116, Official Records, Brazos County, Texas. This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. University Title Company By: ' . GF No.: 144681 Examiner: Angela Bankston Effective Date: October 29, 2014 STATE OF TEXAS COUNTY OF BRAZOS NOTHING FURTHER CERTIFICATE THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they are reflected in the geographically indexed title plant of University Title Company as to the following property, to-wit: Tract One: Fee Simple Lot Five B (SB), Replat of Lot 5 of a Resubdivision Plat of Herman F. Krenek Subdivision Phase Two, City of College Station, according to plat thereof recorded in Volume 6112, Page 149 of the Official Records of Brazos County, Texas. Tract Two: Easement Access easement over and across Lot Twenty-one R (21R), Block One (1), Replat of Lot 21 and 22, Block One, Brentwood, Section One, City of College Station, according to plat thereof recorded in Volume 6112, Page 149 of the Official Records of Brazos County, Texas; and as granted in Volume 6219, Page 74, Official Records, Brazos County, Texas. And that our records reflect that the following is a true and correct list of documents affecting title to the real property described supra between the dates of August 11, 2014 and October29, 2014: Warranty Deed with Vendor's Lien: Grantor: Charles R. Farrar, Sr. and Lucy H. Farrar Grantee: LZV Properties, LLC Dated: August 8, 2014 Recorded: Volume 12201, Page 290, Official Records, Brazos County, Texas. Deed of Trust to secure a Note: Grantor: LZV Properties, LLC Trustee: J. Fred Bayliss, P.C. Beneficiary: Charles R. Farrar, Sr. and Lucy H. Farrar Amount: $202,500.00 Dated: August 8, 2014 Recorded: Volume 12201, Page 293, Official Records, Brazos County, Texas. This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found ofrecord pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance ofthis Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. University Title Company By:~,~~~-- UNANIMOUS WRITTEN CONSENT IN LIEU OF ORGANIZATIONAL MEETING OF MANAGER OF LZV PROPETIES, LLC A LIMITED LIABILITY COMP ANY The undersigned, being the Manager named in LZV Properties, LLC's (hereinafter the "Company") Certificate of Formation filed with the Secretary of State of Texas, hereby adopts the following resolutions in lieu of an organizational meeting of the Managers. CERTIFICATE OF FORMATION RESOLVED, that the acknowledgment of filing issued by the Secretary of State of Texas, and the certified copy of the Certificate of Formation filed on July 23, 2014, are accepted and approved in all respects; and the Secretary is directed to place same in the Company record book. COMPANY AGREEMENT RESOLVED, that the form of the company agreement for regulating and managing Company affairs submitted to the undersigned is approved and adopted as the Company Agreement of the Company. RESOLVED, that the secretary is directed to place the Company Agreement in the Company record book, and maintain a copy of the Company Agreement at the Company's principal office. PRINCIPAL OFFICE RESOLVED, that the Company's principal office be established and maintained at 318 North Bryan A venue, Bryan, Texas 77803, and that meetings of the Managers from time to time may be held either at the Company's principal office or at such other place as the Managers may select. OFFICERS RESOLVED, that the following persons were nominated to the office preceding their name: Officeholder President John Caleb Venable Chief Financial Officer Jessica Venable 1 secretary rr reasurer John Caleb Venable COMP ANY RECORD BOOK RESOLVED, that the Company, through its secretary, shall maintain and authenticate in the Company record book the appropriate business records, including but not limited to originals, copies or certified copies of the Company's Certificate of Formation, the Acknowledgment of Filing, the Company Agreement, the Membership Interest transfer ledger, minutes of the meetings and of other proceedings of the Members, Managers, and any committee established by the Managers; and RESOLVED FURTHER, that the secretary is to maintain in the Company record book records pertaining to the issuance and transfer of Membership Interests. MEMBERSHIP INTEREST ISSUED RESOLVED, that subject to restrictions in the Company Agreement, the Managers be, and hereby are, authorized to issue from time to time authorized Membership Interests of the Company for money paid, labor done, promissory note, or personal property or real estate or leases thereof actually acquired and upon such terms as the Managers in their discretion may determine; and RESOLVED, that the Managers are authorized to issue additional Membership Interest to appropriately qualified purchasers. COMMENCING BUSINESS RESOLVED, that consideration has been received for the issuance of Membership Interest, and that the Company consequently is able to commence and transact business and to incur indebtedness. ORGANIZATIONAL EXPENSES RESOLVED, that the Company treasurer be and hereby is authorized to pay all charges and expenses incident to or arising out of the organization of and to reimburse any person who has made any disbursement therefor. BANK ACCOUNT RESOLVED, that the treasurer be and hereby is authorized to open a bank account on the Company's behalf with any banks the President deems appropriate. 2 LICENSES AND PERMITS RESOLVED, that Company officers are directed to obtain in the Company's name such other licenses and tax permits as may be required for the conduct of Company business by any federal , state, county, or municipal governmental statute, ordinance, or regulations, and are directed and authorized to do all things necessary or convenient to qualify to transact Company business in compliance with the laws and regulations of any appropriate federal, state, or municipal governmental authority. OTHER STATES RESOLVED, that for the purpose of authorizing the Company to do business in any state, territory or dependency of the United States or any foreign country in which it is necessary or expedient for the Company to transact business, the proper Company officers are hereby authorized to appoint and substitute all necessary agents or attorneys for service of process, to designate and change the location of all necessary statutory offices and to make and file all necessary certificates, reports, powers of attorney and other instruments as may be required by the laws of such state, territory, dependency or country to authorize the Company to transact business therein. FISCAL YEAR RESOLVED, that the Company fiscal year shall begin on January 1, and end on December 31, subject to change by resolution, as appropriate, at the discretion of the Managers. CARRY ON BUSINESS RESOLVED, that the signing of these minutes shall constitute full consent, confirmation, ratification, adoption and approval of the holding of the above meeting, the actions hereby taken, the resolutions herein adopted and waiver of notice of the meeting by the signatories. 3 Dated: July 23, 2014 Manager: J ~leb Venable 4 , '• 0 ~NER'S POLICY OF TITLE 11 SURANCE Issued by Chicago Title Insurance Company Name and Address of Title Ins11rance C~y: CffiCAGO TITLE INSURANCE COMPANY P.O. Box 4502.li JacksonvWe, Florida 32232-5023 SCHEDULE A File No.: 141181 Policy No.: 7244243-919961Wl Issued with Policy No. 7244343-91996602 Address for Reference only: 1315 Texas Ave. S, College StaHon, TX 17845 Amou.nt oflosurance: $22~1000.00 Date ofl>olicy: August ll1 .2014, at 2:42 pm ) . Name oflnsured: LZV Properties, LLC 2. Tho estate or interul in the Land that is insured by this policy is: Tract One: Fee Simple Tract TWo: Easement 3. Tide is insured as ve11ted in: LZV ProperHes, LLC 4. The Land referred to in this policy is described as follows: Tract One: Fee Simple Premium: $11803.20 Lot Five B (5B), Replat of Lot 5 of ft Resubdivislon Plat of Herman F. Krenek Subdivision Phase Two. City of College Station, accordin1 to plat thereof rec()rded in Volume 6112, Page 149 of the OfOdal Re«irds of Braiot County, Texas. Tract Two: Easement Aceess easement OYer and across Lot Twenty·one R (11R), Block One (1), Replat of Lot ll and 22, Block One. Brentwood. Section One, City of College Staticm, ac~rdlng to plat thereof recorded in Vo1ume 6112, Page 149 of the Official Records of Brazos County, TeXJ1s; and as granted lD VoJwne 62191 .Page 74, Official Rec()rds, Bruos County, Texas. ("CA5-e~ f1~~)~vt~ 2 JI S ~ ZJ 17 J¥k S ~ FORM T -1: Owoe ... r Polley orliflo lnrurft.,ce Pagel NER'S POLICY OF TITLE I SURANCE lssoedby Chicago Title Insurance Company SCHECULEB File No.: 141181 Policy No.: 7244243-91996601 EXCEPTiONS FROM COVERAGE TbiS policy does not inl>W'C against 10s.& or damage (and the Company wm not pay costs, attorneys' foes or expenses) that arise by reason of the terms and conditions of leases and easements, if any, shown in Schedule A, and the following matters: I. The following restrictive covenants of Te(:ord itemi7.ed below (tbe Company must either insert speoific recording data or delete th.is exception): Tract One: Item No. 1, Schedule B, ls hereby deleted. Tract Two: Volume 6112, Page 149, Official Records, Brazo1 County, Texas, but deletini any covenants, c.ondJtlons or restrlttions •ndlcatina •preference, limitati.on or dlscrimination based on race, ~olor, rell&ion, sex, handicap, famiUal statu-, or national orlgin uuless and only to the ntent that said covenant (a) is exempt under Chapter 42, Sectlon3607 or the United States Code or (b) relates to handicap but does not discriminate a&aiost handicapped pert oils. 2. A:ay diserepaaeies, eeefliets, er shortages in area er beedafy li:ne&, er any eaeroeehmtmts er pretR1&i&M1 ef atty o•HJrleppiflg- eHinprovemeets. 3. · Homestead or community property or survivorship rights, if any, of eoy spouse of any Insured. 4 •. -Any titla or rights asserted by anyone, including, but not limited to, persons, the public, co[JX>ratioos. governments or other entities, 5. " .-. 6. ~ a. to tidcland8, 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 lino of harbor or bulkhead Jines as establislted or changed by any government, or c. to filled.in lands, or artificial islands, or d. to .s<arutory water rights, including riparian rights, or e. to the area ~tending from the line of mean low tide to the line of vegetation, or (he right of access to that area or easement along and across that area. Standby fees. taxes and assessments by any taxing authority for the year 2014, and subsequent ~ars; 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· ~emption granted to a previous owner of the property under Section 11.13, Tetas Tax C:Ode, or because of improvements not assessed for a previous tax ~ar. The following matters and all terms of the documents creating or offering evidence of tho mattets (fhe Company must insert matters or delete this exception.): a. V endorts Lien retainecl in Deed: Granton Charles R. Farrar1 Sr. and Lucy H. Farrar Grantee: LZV PropertJes, LLC Dated: August 8, 2014 Reeorded: August 11, 2014 ln Volume 11201, Page 290, Official Records, Brazos County, Texas. Additionally secured by Deed of Trust: Grantor: LZV Properties, LLC FORM T·h Owntr'1 Policy ofTitlc Insurance Contmuation of Schedule B Policy No. 7244243-9199"01 Trustee: J, Fred Bayliss, P.C. ADlount: $101,500.00 Beneficiary: Charles R. Farnr t Sr. and Lucy H. Farrtll' Dated: August 8, 1014 Recorded: August 11, 1014 in Volume 12201, Page 293, Ontclal Records, Brazos County. Texas. b. Rights of Parties iTI Possession. c. AU leases, rirants. exception1 or resenrations of coaJ, lignite, oU, gas and other minerals, together with aU rights, privileKes, and immunities relatin& thereto, appearing fn the P1tbUc Records whether listed In Schedule B or not. There n1ay be leases., il"ants, exceptions or reservations of mineral Interest that are not listed. d. -Any encroachment, encumbrance, violation, variation, or adverse drcumstance affecting dtle that would be dUclosed by an accurate and complete I.and survey of the land. (fract 2) e. Rights of others In and to the use of the easement as reflected on Schedule A. (Tract 2) f. 251 setback line along the southwest side, 20' public utility easement along the northwest and northe.ast sJdes; 101 public utlllty easement along the southeast side as shown on pJat recorded ln Volume 6112, Page 149 of the Official Records ofBrazos County, Texas as showo on survey prepared on February 21, 2011, under the supervision of H. Curtis Stron1. R.P .L.S. #4961. (Tract 1) g. Any claJm or right of adjolnin& property owoer(s) to that strip orland lying between the fence and the boundiiry Hne on the northwest sides of the property, at shown on survey prepared on February 22, 20111 under the supervision of H. Curtis Strong, R.P.L.S. #4961, b. Easements and Buildio& Lines as shown on plat recorded In Volume 6112, Page 149 of the Dee-d Records of Brazos Conoly, Tex.as. (Tract 2) I. Easement: From: Gerald W. Farrar, Trustee To: City of Colle&e Staff.on Dated: M.arc.h S1 1985 Recorded: Volume 772, Page 341, OfncJal Records, Braz.os County, Texas. (Tract 1) j. Terms, Condltious, and Sttpul.atlo:ns in the Essement Agreement for Ac.cus by and between: Parties: BCSTX BospltaUty, LLC and Charle$ R. Farrar, Sr., et al Dnted: July 30, 2004 Recorded: Volume 6219, Page 74, Official Records, Brazos County, Texas, k. Mineral Reservallon in Deed: I. By: mter1tate Promotional Prinfing Company, Inc. l'o: Gerald W. Farrar, Trnstee Dated: March 1, 1983 Recorded: Volume 569, Pa;e 5061 Deed Reeords, Brazos Coullty, Tens. Tltle to said Interest has not been lnvestlgated subsequent to tho date of the aforesaid Jnttrnment. (Tract l) Mineral Reservation jn Deed: By: Richard A. Smith, Vivian Smith and Norma Smith, indhidoally and as Officers and Directors of Brentwood> Inc. To: Charles R. Farrar, Sr. and Lncy B. Farrar Dated: Jnne 1, 2000 Re.corded: Volume 3849, Page 1531 Official Records, Brazos County, Tens. Title to said interest has not been investtaated subsequent to tht date of the aforesaid jnstrument. (Tract 2) FORM T· l: Owner•s l>ollcy of n lle Josurarw: Page3 ·' Continuation of Schoou Je B Policy No. 7244243-91996601 Countersigned University Title Company ~ By ~ Authorized Counter SJgoature FORM T· l: Owner's Polley ofTJtle Inturaoce " IMPORTANT NOTICE To obtain information or make a complaint: You may call CHICAGO Tine INSURANCE COMPANY toll-free telephone number for Information or to make a complatnt at: 1-800-654-7041 You may also write to CHICAGO TITlE INSURANCE COMPANY at: Attention: Claims Department P.O. Box 45023 Jacksonville, FL 32232·5023 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rlghts or complaints at: You may wrtte to ttie Texas Department of lnsura nee: P.O. Boie 149104 Austin, TX 78714~9104 Fax: (512)475-1771 Web: http://www.tdi.texes.gov E-mail: ComumerProtection@,tdi,texas.gov PREMllUM OR CLAIM DISPUTfS: Shoukt you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute Is not resolved, you may cont.act the Texas Department of Insurance. ·ATTACH THfS NOTICE TO YOUR POLICY: Thie; notice Is for lRfoltllatlon only and does not become a part or condition of the attached document. 7244243 AVISO IMPORTANTE Para obtener lnformaclon o para sorneter una queja: Usted puede Hamar al numero de telefono gratis de CHICAGO TITlE INSURANCE COMPANY para infonnaclon o para someter una queja al: 1-800·654-7041 Usted tambien puede escrlblr a a-tlCAGO TinE INSURANCE COMPANY: Attent~on: Clalms Department P.O. Box 45023 JadcsoRVllle, FL 32232-5023 Puede comunic.arse con el Departamento de Seguros de Texas para obtener lnformacion acerca de compania.s, coberturas, derechos o que)as al: 1-800-252-3439 Puede escrlblr al Oepartmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714--9104 Fax:(512}47S-1771 Web: http://www,tcfitexa.s.w E-mail: ConsumerProtectioo@ tdi.texas.gov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: SI tiene una disputa concernlente a su prlma o a un reclamo, debe comunlcarse con la compan ia primero. SI nose resuelve la dlsputa, puede entonces comunlcarse c-0n el departamento (TDI). UNA ESTE AVISO A SU POUZA: Este avJso es solo para proposito de lnformaclon y nose convlerte en pa rte o condldon del docurnento a~junto. owners Polley oflitle Insurance 1·3·14 Texas T1 EXCLUSIONS FROM COVERAGE The followng matters are expressly excluded from the coverage of this polfcy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arlse by reason of: 1. (a) Any law. ordinance. pennll, or governmentaJ regulation (Including those relating to boilcing and zoo\ng} reslricUng, regulating, prohibiting or relating to: (I} the occupancy, use, or enjoyment or the land; (II) the character, dlmens!ons or location of any Improvement erected on the Land; (Ill) subdivision of landi or · (Iv) envTronmental protecUon; or the effect or any violation or these laws, ordinances or governmental regulations. This Exclusion 1(a) does not modify or llmll the coverage Pf'OVided under Co"ered Risk 5. {b) Any governmental police power. This Exclusion 1 (b) does not mo<ftfy or limit the cov~age p1ovided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or llmlt the coverage provided under Covered Risk 7 or 6. 3. Defects. liens. encumbrances, adverse claims Ol' other matters: (a) created, suffered, assumed or agreed to by the Insured Clalman'; (b) not Known to 1he Company, oot recorded In the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the da'e the lns~ed Claimant booame an Insured under this policy; (c) resulting In no toss or damage to the Insured Claimant; {d) attaching or created subsequent lo Date of Polley (however, this does not modify or lfmlt the coverage provfded under Covered RI~ 9 and 10); or {e) resulllng In loss or damage that would not have been sustained If the Insured Claimant had paid value for the Tiiie. 4. Any claim. by reason of the operation of federal bankruptcy, state insotvency, or slml ar creditors' rlghCs laws, that the transacUon vesting the Tltle as shown In Schedule A, Is: (a} a fraudulent conveyance or fraudulent transfer: or (b) a preferentlal ltansrer for any reason not stated ln CoveTed Risk 9 of this policy. 5. Any lien on the Tille for real estate I.axes or assessments Imposed by governmental authority and created or attaching between Date of Policy and the dale of recordfng of the deed or other Instrument or transfer In the Publtc Records that vests Tille as shown In Schedule A. 6. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby ln the land described In Schedule A be<:ause of Unmarketable Tme. co"'omoNs 1. DEFINITION OF TERMS. The following tenns when used In this policy mean: (a) •Amount ot Insurance": the amount stated In Schedule A. as may be Increased or decreased by endorsement to this policy, In.creased by SeeUon 8(b), or decreased by Sections 10 and 11 or these Conditions. (b) •oate of Polley": The date designated as "Date of Policy" In Schedule A. (c) ~entity": A corporation, partneTshlp. trust, llmlted llabHlty company or other simlar lega1 entity. (d) "Insured': the Insured named ill Schedule A. 7244243 (I) The term '1 nsured• also includes: (A) successors to the TIUe of the Insured by operation of taw as distinguished from purchase, 'Including heirs. devisees, SUf\livors, personal representatives or next <>(kin; (B) successors to an Jnswed by dlssoluUon, merger, consoldaUon, dlstribuUon or reorganlzaUon; (C} successors to an Insured by Its conversion Co ano4her kind of Entrty; (D) a grantee of an Insured under a deed delivered without payment of actual va1uable consideration conveying tbe Title; (1) If the stock, shares, memberohlps, or other equity interests of the grantee are wholly-owned by the named Insured, (2) If the grantee wholy own.5 the flamed Insured, (3) If lhe grantee Is wholly.owned by an affiiated Entity of (he named Jnsured, provided lh.e afflllaled Entity and lhe named lnSUfed are both 'Nhotty-owned by the same person or Entity, ot (4)1f the grant&e Is a trustee or beneficiary of a trust «ealed by a wntten Instrument establshed by !he Insured named in Schedule A for estate p1annlng purposes. Owners Policy of Tltle Insurance 1-3-14 Texas Tl {II) Wilh regard to (A), (B), (C) and (D) reserving, however, all 1lghls and defenses as to any successor that the Company would have had against any predecessor Insured. (e)'1nsured Clatmoor: an Insured cialmlng loss or damage. (f)"Knowledge• or "Known": actual knowledge, not oonstructive knowledge or noUce that may be Imputed lo an ~nsured by reason ot the Public Records or any other records lhat impart oonstructlve notice of matters affecting the Title. (gtLand'~ the land desc11bed In Schedule A, and affixed Improvements that by law constitute reat property. The term •Land" does not Include any property beyond the lines of the area described in Schedule A. nor any right. 11lle, Interest. estate or easement in abutting stre~s. roads, avenues, alleys, lanes, ways or waterNays, but this does not modify or limit the extent that a righl of access to and ftom the Land ts Insured by this pollcy. (h)"Mor1ga.ge": mortgage. deed of trust, trust deed, or other securUy inslr\Jmen1. Including one evidenced by electronic means authorized by law. (l)''Public Records"~ records estabJlshed under state statutes at Date of Polley for lhe purpose or Imparting constructive notlce of malters relating to real property to plKchasers for value and wiehout Knowledge. With respect to Covered Risi< S(d), ''Public Recotc1s• shall also Include envTronmenlal protection fiens filed in the records ot the clerk of the United States District Court for lhe district where the Land Is located. 0).Title•: the e5'.ate or Interest desaibed In Schedule A. (k)''Unmarketable TiUe": ntle affected by an aleged or apparent matter that would permit a prospecUve purchaser or lessee of the Title or lend0f on the Ttue to be released from the obllgatlon to p0<chase, lease or lend if there is a contractual concUtlon requiring •he delivery ot marketable tide. 2. CONTINUATION OF INSURANCE. The coverage of this policy shall continue In force as of Dale of Polley In favor of an Insured, but only so long as the Insured retains an estate or Interest In the Land, or holds an obligation secuced by a purchase money Mortgage given by a purchaser from the Insured, or only so long as lhe Insured shall have llabmy by reason of warranties In any transfer or conveyance or the Tltle. This pollcy shall not continue In force In favor of any purchaser from the Insured of either (I) an estate or Interest in the Land. or ~I) an obllgallon S&clM'ed by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The JnSUfed shall notify the Company prompUy In writing (i) In case ot any l~lgatlon as set forth in Section '1244243 5(a) below, or (~) In case Knowledge shatl come to an Insured hereunder of any claim of title or lrlterest that Is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be Uable by Vll1ue or Chis policy. If the Company Is preJudtced by 1he failure of the Insured Claimant to provkie prompt noUce. the Company's llablllty lo the Insured Cfalmant under the policy shall be reduced to the extent of the prejudice. When. a.fter the Date of the Policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect Jn TIUe Insured by this policy that Is not excluded or eKcepted from the coverage of thfs policy, lhe Company shall prompUy Investigate lhe charge to determine whelher the llen, encumbrance, adve1se clalm or defect Of o1h0f matter Is valid and not barred by law or statute. The Company shall notify the lm:rured In wr~lng, wl1hln a reasonable time, of Its determination as to the validity or lnva~dlly ·of the lnsUfed's clam or charge under the pollcy. If the Company conc:rudes that the len, encumbrance. adverse claim or defee( Js not covered by this policy, or was otherwise addressed ln the closilg of the transaction In connection with which this policy was Issued, t.he Company shal specitlcally advise the Insured of the reasons ror Its detennlnation. If the Company concludes that the lten, encumbrance, adverse claim or defect Is vaJld, the Company shaU take one of the followlng actions: (l) institute the necessary proceedings to clear the lien, encumbrance, adverse cla(m or defect from the TIUe as Insured; (ii) Indemnify the Insured as provided in this pollcy; (ij) upon payment of appropriate premium and charges therefore, Issue lo the Insured Clalmant or to a subsequent owner, mortgagee or holder of the estate or lnlefest In the Land lns0<ed by this policy, a po•cy of UUe Insurance without exception for the llen, encumbrance, adverse dalm ot defect, seld policy lo be In an amoont equaJ to the current value of the Land or, If a loan pollcy, the amount or the loan; {Iv) Indemnify another lille insurance company kl c-0nnectton With lls Issuance ot a poflcy(les) of title insurance without exception for the lien, encumbrance, adverse claJm or defect; (v) secure a release or other document discharging the llen, encumbrance, adverse claim Of defect: or (vi} undertake a combination of (I) through (v) herein. 4. PROOF OF LOSS. In the event Che Company Is unabte to determhie the amount of loss or damage, 1he Company may, at rts opUon, require as a condition of payment that the Insured Cla\mant furnish a signed proof of loss. The proof of loss must describe the detect, Wen, encumbrance or other ma1ter Insured against by this po'flcy that constitutes the basis or loss or damage and shall state, lo the extent possible, the basis of calculatlng the amount of the loss or damage. owoers Polley of1ltle Insurance l-3-14 Texas T1 5. DEFENSE AND PROSECUTION OF ACTIONS. (a) Upon wrftteo request by the Insured, and subject to the options contained In Secttons 3 and - 7 of these Condllloos, the company, at its own cost and without unreasonable delay, shall provide ror the defense of an Insured in litigation rn which any third party asserts a claim covered by (his policy adverse to Che Insured. This obligation is limited to o1"y th.ose stated causes of action aleging matters Insured against by this policy. The Company shaU have the right to select counsel of lls choice (subject to the right of the lnsUfed lo object for reasonable cause) to represenC the Insured as to those stated causes of action. II shall not be liable for and wlll not pay the fees of any other counsel. The Company will not pay any fees. costs or expenses Incurred by the Jnsured In the defense of those causes of acUon that alege matters not Insured against by thls policy. (b) The Company sh:al have the right, In addition to the opUons contained n Sections 3 and 7, at Its own cost, lo lnstltote and prosecute any action or proc~lng or to do any other act that In Its oplnfon may be necessary 01 desirable to establish the Tide, as insured, or to prevent or reduce !oss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be Jiab1e to the Insured. The exercise of these rights shall not be an admission of llablllty or waiver of any provision of this policy. Ir the Company exercises its rights under lhls subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the lltlgation to a final determination by a court of competent jurisdiction and it expressly ieserves the Jight, ln its sole discretion, to appeal from any adverse Judgment or order. 6. DUTY OF INSURED CLAJMANT TO COOPERATE. (a) In all caS&s wh&le this policy permits or requires the Campany lo p:rosecute or provide for the defense of any action or proceeding and any appeals. the lnsu.red shall ~ure to tile Company the right to so prosecute or provide defense In the action or proceeding, Including lhe fight to use, at Its option, the name of the Insured ror this purpose. Whenever requested by the C<>mpany, the lnwred. at the company's expense, shall give the Company al reasonable afd (I) In secl.lring evidence, ob(ainlng witnesses, prosecuting or defending the action or proceeding. OT eff ecling setuement, and (II) In any other lawful act 'hat In the opinion of the C<:lmpany may be necessary or desirable to establish the Tille or any other matter as insured. Ir the Company Is prejudiced by the faittHe of the Insured to furnish the required cooperation, the Company's obWgallons to the Insured under the policy shall terminate, Including any liablllty or obllgaUon to defend, ptosecute. or continue any itlgaUont with regard to 1he matter or matters requiring &UCh cooperaUon. 7244243 (b) The Company may reasonably require the Insured Claimant te> submit to examfnatlon under oatll by any authorized representative of the Company and to produce for examination, lnspee(lon and copying , at such reasonabte times and places as may be designated by the authorized representalive ol the company, all records. In whatever medium ma\ntained, lnc1udiog books, ledgers, ched<s, memoranda, correspondence, Jeports, e-mail's. disks, tapes, and videos Whether bearing a date before or aner Date of Poley, that reasonably pertain lo the loss or damage. Further. If requested by any authorized representative of the Company, the Insured Clalmant shall grant its perrnlssloo, In writing, tor any authorized representative of lhe Company to examine, Inspect and copy all of these records In the custody or control of a third party that reasonably pertain to the loss or damage. AH Information designated as conHdenUal by the Insured Claimant provided to the company pursuant to this Section shall no4 be dla<:losed to others unless, in the reasonable judgment of Che Company, it Is necessary In the admlnlslrallon of the claim. Falure or the Insured Clalmant to submit for examlnaUon under oath, produce any reasonably requested JnformaUon or g1ant permission lo secure reasonably necessary lnformatJon from third parties as required in this subsection, unless prohibited by law or governmental regulaUon, shall termrnate any rtablRty of the Company under this policy as to that clafm. 7. OPTIONS TO PAY OR OTHERWISE SETILE CLAIMSi TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following addillooal options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender paym.ent of the Amount of Insurance under this policy together wilh any costs. attorneys' rees and expenses Incurred by the lnsltfed Clamant that were authorized by the Company up to the tme ol payment or tender of payment and that the Company Is obligated to pay. Upon the exercise by the Company of this option, all llabllity and obllgaUons of the Campany to the 'nsur&d under thls policy, olher than to make the payment required n this subseciion, shall terminate. including any liability or obligation to defend, prosecote, ot continue any ~Ugatlon. (b) To Pay or Otherwise Settle Wlth Partles Other than the Insured or With the Insured Clalmant. (I) to pay or otherwise settle with other parties for Of In ttie name of an Insured Cfamant any clam Insured against under this policy. In addillon. 1he Company wm pay any costs, attorneys' fees and expenses Incurred by the Insured Clalmant that were authorized by ·the Company up to the time of paymeni and that the Company Is oblgated to pay; or (II) to pay or otheJWise setUe wlth the Insured Claimant the loss or damage provided for under this pollcy, Owners Polley oflitle lnsurante 1·3·14 Texas Tl together wllh any oosls, attorneys' fees and expenses incurred by (he Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for In subsections (b )(I) or (M), the Company's obllgaUons to the Insured under this policy for the claimed loss or damage, other than the payments required to oo made. 5hall lermlna1'e. Including any liablllty or obllgatlon to defend, prosecute or continue any litlgaUon. 8. DETERMINATION AND EXTENT OF LIABILITY. This polfcy is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the lnsV<ed Claimant who has suffered loss or damage by reason of matters insured against by thls policy. {a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of: (I) the Amount of Insurance; or (II) lhe difference between the value of the Title as Insured and the value of the Title subject to the risk Insured agalnsl. by this poHcy. (b) If the Company pursues Its rights under Section 3 or 5 and Is unsucc.essful in eslsbishlng the Tiiie, as Insured, (I) the Amount of Insurance shall be inc<eased by 10%. and (ll) lhe Insured Claimant shall have the right to have the loss or damage determined eilher as or the date the ciaim was made by the Insured Claimant or as of the date It is settled and pald. {c) In addllton to 1he extent or liabmty under {a) and (b), the Company will also pay those costs, atlorneys' fees and expenses Incurred in accordance with SecUons 5 and 7 of these Conditions. 9. LIMIT ATlON OF LIABILITY. (a} If the Company establishes the Ti(le, or removes 1he alleged defe<:t, llen or encumbrance, or cures the tack of a rtght of access to or from the land, au as rnsured, or tat<es action In accordance wUh Section 3 or 1. kl a reasooobly dlllgent manner by any method, including liUga1Jon and the completion of any appeals, It shall have fully performed Ms oblgatlons wtth respect to that matter and shall not be Hable for any loss or damage caused to the Insured. (b) In the event of any llUgatlon, Including ltlgatlon by the company or with the Company's consent, the Company shal have no liability for loss or damage until th.ere has been a final determination by a court of oompatent jorisdctlon, and d~position of all appeals, adverse to the Tltle, as 11\sured. (c) The Company shall not be Hable for 1o1>cs or damage to the Insured for tlability voluntarily assumed by the Insured In seUling any clalm or suit without the prior written consent of ehe Company. 10. REDUCTSON OF INSURANCE; REDUCllON OR 7244243 TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shell reduce 1he Amount of Jnsu-ance by the amount orthe payment. 11. LIABILITY NONCUMULATIVE. The Amount or Insurance shall be reduced by any amount the Company pays under any policy Insuring a Mortgage to which exception fs t.aken In Schedule B or to which the Insured has agreed, assumed, or taken subJe<:t or whTch Is executed by an Insured after Date of Polley and whfch Is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under-this policy. 12. PAYMENT OF LOSS. When llabllty and the extent of loss or ~amage have been definitely fi>eed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT. {a} Whenever the Company shall have set11ed and pafd a claim under this policy, it shall be subrogated and entttled to the rights or the Insured Claimant In the Title and all other rights and remedies in respect lo the claim that the Insured Claimant has against any person or property, to the extent of lhe amount or any loss, costs, attorneys' fees and expenses paid by the Company. If requested by the Company, 1he Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Clainant shall permit the Company to sue, compromise or settle Jn 4he name of the Insured Claimant and to use the name of the Insured Claimant In any transaction or llUgaUon Involving these rights and remedies. 1r a payment on account of a claim does not tul.Jy cover the loss of the Insured Claimant, the Company shall defer the exercl.se of its right to recover unUI after the lns.lKed Claimant shall have recovered its loss. (b) The Company's right of subrogat«>n includes the rights or the Insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or condltlons contained in 1hose instruments that address subrogation rights. 14. ARBffRATION. Either the Company or the Insured may demand that the ctatm or controversy shall be submitted to arbllratlon pursuant to the TIUe Insurance ArbttraUon Rules ofthe American Land TiUe Association f'Rulesj. Except as provided In the R\lles, there shall be no jolnder or consolidation 'Nith claims or C()ntfoversies or other persons. Af'bllrable matters may lnck.zde. but are Owners Policy of Title Insurance 1·3·14 Texas T1 not limited to, any controversy or claim between the Company and the Insured arising out of or retatlng ~o this policy, any service in connection with f(s lssuance Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unress the Insured is an lndMduaJ person (as dlstlngutshed from an Entity). All arbltrable matters when 'he Amount of Insurance Is In excess of $2.0oo.ooo shall be arbitrated only when agreed to by both 'he Company and the Insured. ArbltraUon pursuant to this polcy and under the Rules sllall be binding upon the· par1ies. Judgment upon the award rendered by the Arbltrator(s) may be entered In any court or competent jllt'lsdlcUon. 15. LIABJLITY LIMITED TO THIS POUCY~ POLICY ENTIRE CONTRACT. (a) This pollcy together with an end0<sements, H any, attached to it by the Company Is the entire policy and contract bebveen the Insured and the Company, In lnterpre11ng any PfOVlsion of this policy, this policy shat be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the lltla or by any action asserting such claim, shall be reslrtcled to this poltcy. (c) Any amendment or or endorsement to this poHcy must be In writing and a"'hentlcaled by an authorized person, or expressly Incorporated by Schedule A of this policy. ( d) Each endorsement to lhls policy Issued at any time ls made a part of this policy and Is sobJect to all or Its terms and provisions. Except as the endorsement expressly stales, It does not (I) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (lil) extend the Date of Pol'icy or (Iv) Increase the Amount of Insurance. Eooh Commitment, endorsement or other form, or provfslon in the Schedules to this policy that refers to a tenn defined in Secllon 1 of the Conditions shall be deemed to tefer to the term tegardless of whether the term Is capllalii.ed In Che Commitment, endorsement or other form, or Schedule. Each Commitment, endorsement or other form, or provision In 1he Schedules that refers to the 7244243 or Che breach of a policy provtslon, or to any other controversy or claim arising out of the transactio11 gMng rise to this policy. All arbitrable matters when the Conditions and Stipulations shall be deemed to refer to the Conditions of ttis pollcy. 16. SEVERABILITY. In the event any provision of this poUcy, In Whole or in part, is held Inv aid or unenforceable under applicab7e law, the policy shaH be deemed not to include that provision or such part held to be Invalid and all other provisions shall remain In full force and effect. 17. CHOICE OF LAW; FORUM. (a) Choice of Law: The Insured acknowledges the Company has underwrltten the risks cove1ed by this poWcy and delermiled the premium charged therefor In reliance upon the law affecting Interests lo reaf property and applk:able to the interpretation, lights, remedies or enforcement of policies of t~le tnsurance of the jufisdcUon where the Land Is located. Therefore, the c-0urt or an arbitrator shall apply the Jaw of the Jurisdiction where the Land is located to determine lhe vartdlty of claims against lhe Title that are adverse to the Insured, and In Interpreting and enforcing the terms of this policy. In neither case shall the court or arbHralOI' apply its conflicts of laws prfnclples to det.ermlne the appttcable law, · (b) Chofce ot Forum: Arry litigation or other proceeding brought by the Insured against the Company must be flied only In a state or rederal court within the United States of America or its territor!es having appropnale JlHisdf.cUon. 18. NOTICES, WHERE SENT. Any notice of clatm and any other notice or statement In wrtUng requfred to be given the Company under this Policy must be given to lhe Company at National Claim$ Administration, P .0. Box 45023, Jacksonvllte, Fl 32232-5023. Owners Pollc;y of Titre Insurance 1-3-14 Texas T1 am & aelurn to~ Universi'y Tille· Company P .Q.. Draw er OT . ~ege Stalion·. Texas 77841 L~ GF#_. _-_.....\.U ....... La.;;;,..i.-l~i~' -Doc Bk Vol Ps 01 204352 OR 12201 290 NO~ICE OF COlUt'rDENTIALI'l'Y RIGHT$~ "Ir: YOO AR.& 'A m.'l'11AAI,. J.>.ER~, YOO -MAY REMOVE OR STRIKE ANY OR ALL or THE FOLLOW:tNG XNFORMATION FROM ANY .INSrRtJMEN'l' THAT TRANSFERS AN im:E!iUl:ST IN REM. PROPERTY lft<FOJU:: U' IS f'tLED F0a RECORD lN 'rlilt Ptm:LIC RECORDS: Yoll"R SOCIAL SECURITY NUMBER OR YOOR DR1VER' s LICENSE NUMBER. II SPECIAL WARRANTY DEED WITH VENDOR'S LIEN Da.te: AUGUST lb ,2014 TO :SE EFFECTIVE AUGUST 8, 2014 Gralltor: Grantor's Mailh\g Address: Grnntee: Grantee•s: Malling Address: CHABLf.SR. FARRAR.SR. AND LUCY H. FARRAR P.O.BOX9 MONUMENT, COLORADO 80132 I:zV PROPERTIES, LLC 318 NORTH.BRYAN AVENUE COLLBGB ST A TION, TEXAS 77i4' ConsJderaHon: TEN AND NO/J 00 DOLLARS ($Ul.OO) and a note of even. dase that is in the principal mnount of TWO HUNDRED TWO THOUSAND FIVE HUNDlU:D AND N0/100 DOLLARS ($'20l,500.00), and Is executed by Grantee, payable to the ordcJ of CHARLES R. PARRAH, Sit AND LUCY H. FARRAR. 11 ls secured by a Vendors Lien retained in this Deed and by a Deed of lnlSt of cvtn date from Omntee to J. FRED BA VLISS, TRUSTES for lhe benefit of , CHARLES IL FARRAR, SR. AND LUCY H. FARRAR. Property (indudiog improve}Df!nts): (2315 TEXAS A VENUE SOUTH, COLLEGE STATION, BRAZOS COUNTY, TEXAS 77MS) TRACT ONE: FEE SIMPLE LOT FIVE B (SB), REPLAT OF LOT 5 OF A RESUBDrVIslON PLAT OF HERMAN F. KRENEK SlJBDIVJSJON PHASE TWO, ClTV OF COL.LEGE STATION, ACCOlIDlNG TO PLAT THEREOF RECORDED IN VOLUME 61121 PAGE14g Oll'THE OJ1FICIAL RECORDS 0.F BRAZOS COUNTY, TEXAS. TRA.CTTWO: EASEMENT ACCESS EASEMENT OVER AND ACROSS LOT TWENTY-ONER (llR), BLOCK ONE (1), REPLAT OF LOT 21 AND 22, BLOCK ONE, BRENTWOOD, SECTION ONE, CITY OF COLLEGE STATION, ACCORDING TO PLAT TlIEltEOF RECORDED IN VOLUM~ 6112, PAGE 14'!1 OF TBE OFFICIAL RECORDS OU BRAZOS COtJNTY1 TEXASi AND AS GRANTED IN VOLUME 6219, PAGE 74, OF.FlCIAL RECORDS, BRAZOS COUNTY, TEXAS. Rese:rvatio&s from And Excepff.ont to Conveyance and Warr.ml)': This conveyance is made and accepted sul!.ject m any 8l1d an covcoan1s, restrictions, ~ements, rlgb.t-of-way, mlDerlll or royalty rmcrvations "'1dlot convey~ Bild mineral leases, if any, in. Granton chain ofti.tle, applicable to and enfo~Jo again.st the above d.escribed property. to the ~ and only to Che extent, Chat the same may sti1l ~ In foIC8 and effect, shown of record in theofficecftho County Cleric ofBRAZOS County, Texas, inclodiog, but not limited to the foilowiog: t. A3 to Ttaet Two only: Restrictive eovenanlS of record in Vohmtc 6112, Pa,&e 149, Offlcial Records, Brazos County, 'J'eocas. 2. Rights of olhcrs in and to the wie of the easement u rcfl.ccted on Schedule A (Tra.ct 2) 3. 25' set.back line along the soulhwest side, 20' publlo utility eas~t along th.c northwest and noohcast sid~; JO' pul>He utility easem~nt along the southeast &ideas shown on pJat recorded in Volume 6112, Page 149 ofthe Official R.¢cords of B~ County, Texas as .shown cm SUIYoY prepaml on Pcbnwy 22, 2011, 1U1dct tho supervision ofH. Cunis Strong, R.P.L.S. #4961 (Tract I) THBSTATEOF Co~o~.i...._\) ~ COUNTY OF £L-{J A6 O § § Doc 0120 . .(.352 p~ 292 This iDSMlrnentwiLS acknowledged before me on AUOUST fa . 2014, by CHARLES R. FARRAR, SR. AND LUCY H. PARRAR. PMl>MfDINlHl!l>.WOHK!OF: 1 FlllD llAVIJSS, f'. c. 3D1JO B~OAIVE,.$\Jlf[302 8J\YW, WW 77902 CiJll1'4Z19l filed for Re..::ord in: wzcs crum On~ Aw 11,21)14 at t)2:42f' t\s u MO LABEL RECOROlffG Aa<iunt 012-0U52 28.00 Receipt Hv~ber -~19160 9~, Cothll Soro.!looa STATE OF T£XAS COUltTY DF 8RA:WS I her~9 certif~ tbat tbis in9truaP.nt llQS riled on the dat~ ond time 5tllltPl!d heretl(I b~ 1e and WGS dub recordad in the volu11~ and Pote or the orricial l\Ailic r.ecords orr 8RAZOS tOUHT'i as s~o1Ped her~on bg e. Aus 11'20H Koren l'fcQu~, 8~QZos Count~ tlerk &R~Z{)S COOHTY NOTICE OF CONFIDENTIALITY RIGHTS: "IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS : YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER' S LICENSE NUMBER . " Date: AUGUST 8, 2014 Grantor: Grantor's Mailing Address: Trustee: Trustee's Mailing Address: Beneficiary: Beneficiary's Mailing Address: Note(s) Date: AUGUST 8, 2014 DEED OF TRUST LZV PROPERTIES, LLC 318 NORTH BRYAN AVENUE BRYAN, TEXAS 77803 J. FRED BAYLISS, P.C. 3000 BRIARCREST DRIVE, SUITE 302 BRYAN, TEXAS 77802 CHARLES'R. FARRAR, SR. AND LUCY H. FARRAR P. 0 . BOX9 MONUMENT, COLORADO 80132 Amount: TWO HUNDRED TWO THOUSAND FIVE HUNDRED AND N0/100 DOLLARS ($202,500.00) Maker: LZV PROPERTIES, LLC Payee: CHARLES R. FARRAR, SR. AND LUCY H. FARRAR Final Maturity Date: JULY 13 , 2029 Terms of Payment: AS PROVIDED rN SAID NOTE Property (including any improvements): (2315 TEXAS A VENUE SOUTH, COLLEGE STATION, BRAZOS COUNTY, TEXAS 77845) TRACT ONE: FEE SIMPLE LOT FIVE B (SB), REPLAT OF LOT 5 OF A RESUBDIVISION PLAT OF HERMAN F. KRENEK SUBDIVISION PHASE TWO, CITY OF COLLEGE STATION, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 6112, PAGE 149 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. TRACT TWO: EASEMENT ACCESS EASEMENT OVER AND ACROSS LOT TWENTY-ONER (2IR), BLOCK ONE (1), REPLAT OF LOT 21 AND 22, BLOCK ONE, BRENTWOOD, SECTION ONE, CITY OF COLLEGE STATION, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 6112, PAGE 149 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS; AND AS GRANTED IN VOLUME 6219, PAGE 74, OFFICIAL RECORDS, BRAZOS COUNTY, TEXAS. Prior Lien(s) (including recording information): NONE Other Exceptions to Conveyance and Warranty: This conveyance is made and accepted subject to any and all covenants, restrictions, easements, right-of-way, mineral or royalty reservations and/or conveyances, and mineral leases, if any, in Grantor's chain of title, applicable to and enforceable against the above described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of BRAZOS County, Texas. For value received and to secure payment of the note, Gran tor conveys the property to Trustee in trust. Grantor warrants and agrees to defend the title to the property. If Gran tor performs all the covenants and pays the note according to its terms, this Deed of trust shall have no futther effect, and Beneficiary shall release it at Grantor's expense. Grantor's Obligations Grantor agrees to: I. keep the property in good repair and condition; 2. pay all taxes and assessments on the property when due, and provide Beneficiary paid tax receipts; 3. preserve the lien's priority as it is established in this Deed of trust; 4. maintain, in a form acceptable to Beneficiary, an insurance policy that: Y: //MD\RE\TRANSACTIONS\FARRAR\2315 TEXAS AVENUE SOUTH I (OT) Page 1 prepayment and, if theretofore prepaid, shall be credited on this note (or if this note shall have been paid in full, refunded to Maker). THIS NOTE has been executed and delivered in and shall be construed in accordance with and governed by the laws of the State of Texas and of the United States of America, except that Tex. Rev. Civ. Stat. Ann. Art. 5069 Ch. I 5, as amended (which regulates certain revo lving credit loan accounts and revolving tri-party accounts) shall not apply hereto . THE SECURITY FOR PAYMENT of this Note is as follows: This note is secured by a Deed of Trust of°even date herewith from LZV PROPERTIES, LLC, Maker, to J. FRED BAYLISS, TRUSTEE, for the benefit of CHARLES R. FARRAR, SR AND LUCY H. FARRAR, Payee that conveys the following real property: (2315 TEXAS AVENUE SOUTH, COLLEGE STATION, BRAZOS COUNTY, TEXAS 77845) TRACT ONE: FEE SIMPLE LOT FIVE B (5B), REPLAT OF LOT 5 OF A RESUBDIVISION PLAT OF HERMAN F. KRENEK SUBDIVISION PHASE TWO, CITY OF COLLEGE STATION, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 6112, PAGE 149 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. TRACT TWO: EASEMENT ACCESS EASEMENT OVER AND ACROSS LOT TWENTY-ONER (21R), BLOCK ONE (1), REPLAT OF LOT 21 AND 22, BLOCK ONE, BRENTWOOD, SECTION ONE, CITY OF COLLEGE STATION, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 6112, PAGE 149 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS; AND AS GRANTED IN VOLUME 6219, PAGE 74, OFFICIAL RECORDS, BRAZOS COUNTY, TEXAS. Y: //MD\RE\TRANSACTIONS\FARRAR\2315 TEXAS AVENUE SOUTH I (NOTE) LZV PROPERTIES, LLC BY: Page 2 -· (a) The premises and the operations conducted thereon do not violate any order of any court or governmental authority or Environmental Laws (as hereinafter defined); (b) without limitation of clause (a) above, the premises and the operations currently conducted thereon or, to the best knowledge of Grantors, by any prior owner or operator of the premises or by any prior owner or operator of the premises or operation are not in violation of or subject to any existing, pending or threatened action, suit, investigation, inquiry or proceeding by or before any court or governmental authority or to any remedial obligations under Environmental Laws; (c) all notices, permits, licenses or similar connection with the operation or use of the premises have been duly obtained or filed; (d) all hazardous substances or solid waste generated at the premises have, to the best knowledge of Granters, in the past been transported, treated and disposed of only by carriers maintaining valid permits under RCRA (as hereinafter defined) any other Environmental Law, which carriers and facilities have been and are operating in compliance with such pennits; (e) Granters have taken all steps necessary to determine and has disposed of or otherwise released and there has been no threatened release of any hazardous substances on or to the premises except in compliance with Environmental Laws; and (f) Granters have no material contingent liability in connection with any release or threatened release of any hazardous substance or solid waste into the environment. As used in this Deed of Trust, "Enviromnental Laws" shall mean any and all laws, statutes, ordinances, rules, regulations, orders, or detenninations of any govermnental authority pertaining to health or the environment in effect in any and all jurisdictions in which Granters are conducting or at any time have conducted business, or where the premises is located, or where any hazardous substances generated by or disposed of by Grantors are located, including without limitation, the Clean Air Act, as amended, the Comprehensive Environmental, Response, Compensation, and Liability Act of 1980 ("CERCLA"), as amended, the Federal Water Pollution Control Act, as amended, the Occupational Conservation and Recovery Act of 1976 ("RCRA"), as amended, the Safe Drinking Water Act, as amended, the Toxic Substances Control Act, as amended, the Superfund Amendments and Reauthorization Act of 1986, as amended, and other environmental conservation or protection laws. EXHIBIT "A" ~ ............. ___________ ~CITY OF COT.LEGE STATION Home o/Texas A&M University• .,.,..... __ __.,,,.,,,.... rt' ---·-·•@-1111111"" ---· MEMORANDUM DATE: November 17, 2014 I TO: Caleb Venable, via ; calebvenable@gmail.com FROM: Jason Schubert, AICP, Principal Planner SUBJECT: 2315 & 2317 TEXAS AVE (ABAN) I reviewed the above-mentioned Abandonment of Public Row/Easement application and determined it to be incomplete. The following is the preliminary list of items needed to complete the submittal. Please submit the following information so this application can be forwarded for review: Provide proof of authority to sign the application on behalf of LZV Properties, LLC; Provide a sealed copy of the metes and bounds description of the easement proposed to be abandoned. A PUE cannot be abandoned via replat but only through Council approval. The metes and bounds description will be used in the proposed ordinance that would abandon the easement and be recorded at the courthouse; The Suddenlink signature provided in Exhibit No . 3 references "as per attached A & B." Please provide the attachments referred to; and The Nothing Further Certificates that were provided via email on November 13, 2014 only cover back to August of this year. Provide a title report(s) for the property on which the PUE sits. If there is a gap between the title report and Nothing Further Certificates, please provide a revised or new Nothing Further Certificate so there is not a gap. Please be aware that if this application is not completed before Monday, January 5, 2015, it will expire and a new application and fees will be necessary to continue the abandonment process. If you have any questions or need additional information, please call me at 979.764.3570. PC : P&DS Project No. 14-00900274 Planning & Development Services P.O. BOX 9960 · 1101 TEXAS AVENUE · COLLEGE STATlON ·TEXAS · 77842 TEL. 979.764.3570 ·FAX. 979.764.3496 cst>t. gov Id evservices MEMORANDUM DATE: November 24, 2014 Caleb Venable, via; calebvenable@gmail.com j TO: FROM: Jason Schubert, AICP, Principal Planner SUBJECT: 2315 & 2317 TEXAS AVE (ABAN) Thank you for submitting the requested proof of signature authority and the Suddenlink exhibits. I reviewed the above-mentioned Abandonment of Public Row/Easement application and determined that there are still remaining items for the application to be forwarded for review. The following is the preliminary list of items needed to complete the submittal. Please submit the following information so this application can be forwarded for review: Provide a sealed hard-copy of the metes and bounds description of the easement proposed to be abandoned; and Provide a title report that is current within 90 days for the property on which the PUE proposed to be abandoned sits. The Nothing Further Certificates that were provided via email only cover back to August of this year. If there is a gap between the title report and the Nothing Further Certificates provided, please also provide a revised or new Nothing Further Certificate so there is not a gap. Please be aware that if this application is not completed before Monday, January 5, 2015, it will expire and a new application and fees will be necessary to continue the abandonment process. If you have any questions or need additional information, please call me at 979.764.3570. PC: P&DS Project No. 14-00900274 Pla11ni'11g & Development Services P.O. BOX 9960 • 1101 TEXAS AVENUE · COLLEGE STATION · TEXAS · 77842 TEL. 979.764 . .3570 ·FAX. 979. 764.3496 cstx.gov/devservices DATE: TO: FROM: SUBJECT: November 26, 2014 CITY OF CoI.LEGE STATION Home of Texas A&M University• MEMORANDUM Caleb Venable, via; calebvenable@gmail.com Erika Bridges, Graduate Engineer 2315 & 2317 TEXAS AVE (ABAN) / Thank you for the submittal of your Abandonment Of Public Row I Easement application . Erika Bridges, Graduate Engineer, has 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 Friday, December 12, 2014. If you have questions in the meantime, please feel free to contact us. PC: P&DS Project No. 14-0090027 4 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 Erika Bridges From: Sent: To: Cc: Subject: Caleb, Erika Bridges Tuesday, December 30, 2014 12:26 PM 'calebvenable@gmail.com' 'DanielB@johnsonpace.com'; Gerardo Cuaron 2315 & 2317 Texas Ave. Abandonment I discussed the abandonment application further with the building department, and it sounds like the CO for the existing house would need to be revoked with the removal of the sanitary sewer line. Per the Building Official, we would need a letter from the property owner stating that they realize/acknowledge that the CO will be revoked once the line is removed, and no one will be permitted to occupy the house. To recap the abandonment process, we will first need plans submitted for the removal of the sanitary sewer line in the PUE that you are requesting to abandon. Along with the plans, the aforementioned letter from the property owner should be submitted. Once the plans are approved, the sanitary sewer line will need to be removed and a Letter of Completion issued for the work. At that point, we will schedule the abandonment for the next available City Council meeting. As previously mentioned, the plat can move forward as long as it shows all existing easements. Otherwise, the abandonment will need to be approved by Council prior to the plat moving forward as shown on the initial submittal. Please let me know if you have any questions. Thanks, Erika Bridges, EIT, CFM Graduate Civil Engineer Planning & Development Services 1101 Texas Avenue, College Station, TX 77842 (979) 764-3570 City of College Station Home of Texas A&M University ® 1 Jason Schubert From: Sent: To: Subject: Attachments: Good Morning, Caleb Venab'-'=I ~~,.......;;;+l.C;~ Tuesd Crysta erkowski; Jason Schubert 2315/7 Tex ve docs Nothing Further Cert 2315.pdf; Nothing Further cert 2317.pdf; Unanimous Written Consent.pdf Attached are the Nothing Further Certificates and LZV Properties legal doc. I'll drop the other docs needed off at your office this morning. Thanks, Caleb 1 CITY OF C OLLEGE STATION Homt of Texas A&M University• FOR OFFICE USE ONLY CASE NO.: rP'ZO\ l\ ~ 0 0 DATE SUBMITTED:()\Pj ITT\ s TIME: 3 : \5 STAFF: -+-ps->-':j ______ _ 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. P&DS Project no.: ,P( Existing Project Submittal. P&DS Project no.: r-r i..ot"I-900, 71 Project Name _V~r ~"-~-+J.,...,_g_:-0 ___ 2-_J _/ .r_/_i.._1_11'--_F'--~--'--f-~-'----------- contact Name __ f2_,~h~Lfl~~lJ._-t4.~_M_•'1~-----Phone Number_~q_o~J_-_]~f~'J_-_()_{,_(_7 ___ _ 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 D Preliminary Plan ,:8) Final Plat D Development Plat -,gl. Site Plan D Special District Site Plan D Special District Building I Sign D Landscape Plan D Non-Residential Architectural Standards D Irrigation Plan D Variance Request D Development Permit D Development Exaction Appeal D FEMA CLOMA/CLOMR/LOMA/LOMR D Grading 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 ~ Easement Application D Fire Flow Analysis D Other -Please specify Special Instructions: 10/10 Print Form CITY OF C OLLEGE STATION Home o/Ttxtts A&M University' CASE NO.: DATE su,~,ED TIME: r/(1 ~~~~~~~~- ST A FF:~ 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. P&DS Project no.: rJ Existing Project Submittal. P&DS Project no.: f p 2.l> I t.j -q ()02 7 3 Project Name -=-=-..-'-_,__2_3_· _1_1_--L.31!.L.:"""'""~L....-'-"'--"'-'-'--'~'--~£.>£>a-:'-=------------ Contact Name -=.::=..:....:::::...=__\f----=ln:.....:..=cW~.L..:' t::....__ ___ _ Phone Number ( (.~ lq) /O...., -le I"]°} 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 D Preliminary Plan M'.l Final Plat D Development Plat D Site Plan D Special District Site Plan D Special District Bui lding I Sign D Landscape Plan D Non-Residential Architectural Standards D Irrigation Plan D Variance Request D Development Permit D Development Exaction Appeal 0 FEMA CLOMA/CLOMR/LOMA/LOMR D Grading 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 [yf Easement Application D Fire Flow Analysis D Other -Please specify Special Instructions: 10/10 Print Form ] Crrv OF Co.IllGE STATION H-ofTeJt111.AtfM~· FOR OFFICE USE ONLY CASE NO.: 14 -2/ '-\- DATE SUBMITTED: \I j z.c:; It 4 TIME: 2.~·· ..ul ,<;-"------- STAFF: ...._8-'-'\T=-------- PLANNING & DEVELOPMENT SERVICES TRANSMITTAL LETTER Please check one of the options below to clearly define the purpose of your submittal . 0 New Project Submittal D Incomplete Project Submittal -documents needed to complete an application. Case No.: [9/ Existing Project Submittal. Case No.: \ L.-l -'21 Y Project Name 2 3 I .5' ..\-7.J 17 'f JL.y-Ar Ax --E~J e...~ lfb~o~ ContactName Co\e\O\/eYJ4\o\C.. PhoneNumber ________ _ We are transmitting the following for Planning & Development Services to review and comment (check all that apply): O Comprehensive Plan Amendment 0 Rezoning Application 0 Conditional Use Pennit 0 Preliminary Plan O Final Plat 0 Developme~ Plat O Site Plan O Special District Site Plan 0 Special District Building I Sign 0 Landscape Plan INFRASTRUCTURE ANP ENGINEERING DQCUMENTS 0 Non-Residential Architectural Standards D Irrigation Plan D Variance Request D Development Permit 0 Development Exaction Appeal D FEMA CLOMA/CLOMR/LOMNLOMR D Grading Plan D Other -Please specify below 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 0 Fire Flow Analysis 0 Other -Please specify Special Instructions: 10/10 CITY OF COTJ.EGr. STATTO~ Home o/Ttxas A&M Univmity" FOR OFFICE USE ON!j CASE NO.: ~}tl~--~d.:---=1=-~-+-=+-- DATE SUBMITTEDo~\i il\ TIME: \a!~lS~M__,___ __ _ STAFF: e~-...~------ PLANNING & DEVELOPMENT SERVICES TRANSMITTAL LETTER Please check one of the options below to clearly define the purpose of your submittal. D New Project Submittal JZ[ Incomplete Project Submittal -documents needed to complete an application. P&DS Project no.: /Cf-J-7';" D Existing Project Submittal. P&DS Project no.: Project Name ___ ;;._,_J_l_S_f_J._3_17 __ -re_:tt_~ __ A_ltiS __________________ _ Contact Name Phone Number --------------~ ------- We are transmitting the following for Planning & Development Services to review and comment (check all that apply): D Comprehensive Plan Amendment D Non-Residential Architectural Standards D Rezoning Application D Irrigation Plan D Conditional Use Permit D Variance Request D Preliminary Plan D Development Permit D Final Plat D Development Exaction Appeal D Development Plat D FEMA CLOMNCLOMR/LOMNLOMR D Site Plan D Grading Plan D Special District Site Plan ~ Other -Please specify below D Special District Building I Sign Vf'/~'OV.J W'Mtt-~ (JD/'/ ~"'1t-- D Landscape Plan S V IJOSN(;dlt{ e'k'/J:ta .efl A'l 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