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EXHIBIT "B"
Legal Description
Being all of that certain tract or parcel of land containing 11.50 acres,
more or less, situated in the Morgan Rector League, Abstract No. 46,
College Station, Brazos County, Texas, and being a portion out of that
same called 13.50 acre tract, conveyed from Michael W. Thiltgen,
Executor, et al to Lydia Boriskie Partnership, as described by deed
recorded in Volume 3639, Page 64 of the Official Records of Brazos
County, Texas, said 11.50 acre tract being more particularly described by
metes and bounds shown on Exhibit "A" attached hereto and made a part
hereof.
STATEMENT REGARDING DEVELOPMENT AGREEMENT
Exhibit A
Metes and bounds descriptlon of all that certain 11.50 acre tract or parcel of land, lying and being situated In the Morgan
Rector League, Abstract No. 46, College Station, Brazos County, Texas, and being a portion out of that same called 1350 acre
tract, found by current on-the-ground survey to contain 13.47 acres, conveyed from Michael W. Thlltgen, Executor, et al to
the Lydia Sorlskle Partnership, as described by deed recorded in Volume 3639, page 64 of the Official Records of Brazos
County, Texas, said 1150 acre tract being more particularly described as follows:
BEG>NNING at a point in the channel of Wolf Pen Creek, being the north corner of that same called 14.27 acre tract, found
by current ou-the-ground survey to contain 1433 acres, conveyed to Davis McGill, Trustee, as described by deed recorded in
Volume 597, Page 226, of said Official Records. A 112" iron rod found for reference monument in the northeast right-of way
line of Bart Rudder Freeway bears S 310 58150" E - 48.16 feet;
THENCE N 31115914811 W - 397.64 feet with said right-Of-My line to a 112" iron rod found m2rking the south corner of Lot 2,
Horse Haven Estates, as depicted by plat recorded in Volume 3158, Page 335 of said Official Records;
THENCE N 57° 59'12" E - 7.17 feet with the southeast line of said Lot Z to a 112" [ran rod set for beginning of a non-tangent
curve to the right;
THENCE in a northeasterly direction 19491 feet along the are of said curve (Curve data: central angle =17° 33'13", radius
635.00 feet, tangent - 98.23 feet, the chord bears N 669 43140" E - 194.15 feet) to a 112" iron rod found for end of said curve;
TECENCE N 75° 28110" E - 111.46 feet with said line to a 112" iron rod set for the beginning or a curve to the left;
THENCE in a northeasterly direction 332.71 feet along the are of said curve (Curve data: central angle =33° 44124", radius
565.00 feet, tangent -171.34 feet, the chord bears N 58" 36100" R - 327.93 feet) to a 112" iron rod set for end of said curve;
TBY,NCE N 41114314811 E - 96.28 feet with said line to a 1R" iron rod found for corner;
THENCE S 150 4613711 E - 70.83 feet across said called 1350 acre tract to a 1/2" iron rod found for corner;
THENCE N 680 45'46" E -154.29 feet across said tract to a 1/2" iron rod found for corner;
THENCE 5 26114213311 E - 636.28 feet across said tract to a point for corner in the centerline of Wolf Pen Creek;
THENCE with the centerline meanders of Wolf Pen Creek for the following calls:
S 75115214611 W - 24.02 feet;
N 770 54139" W - 20.02 feet;
S or 48152" W - 9256 feet;
S 67° 42'42119 - 83.5$ feet;
S 18° 10122" E - 44.50 feet;
S 59° 16'08" W - 89.19 feet;
N 840 56153" W - 82.97 feet;
N 630 44'35" W -10738 feet;
S 55° 22125" W - 69.88 feet;
bT/S'd 92-T'ON 3-11I1 39ti1Id3H Wdco:2T Too2'0T'1nr
w.
N 87° 01150" W - 3432 feet;
N 07° 36'09" W, 94,90 feet;
'THENCE N 780 00127" W - 97.39 feet with said creek ceaterliue to a point for angle point;
THENCE $ 860 4346•' W - 455.96 feet with the line of the old channel to the Place of Beginning and containing 11.50 ogres of
land.
NOTE: The Company is ptoldbitcd from insuring the area or quantity of the land described herein. Any statement in the
above legal description of the area or quantity of land i4 not a representation that such area or quantity is correct, but is made
only for informational and/or identification purposes and does not override Item 2 of Schedule B lxereof.
1
bTi9'd 92T 'OH 311I1 35H1I~13H I4dC0t2T T002'OT--Inr
STATEMENT REGARDING DEVELOPMENT AGREEMENT
OF 1998 AS IT RELATES TO LOT 1, HORSE HAVEN ESTATES
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF BRAZOS §
The development of Lot 1, of Horse Haven Estates, has been reviewed as
"redevelopment, rezoning requests by the owners, or any changes in use of the
PROPERTY..." pursuant to the terms of the Development Agreement of 1998, recorded
in Volume 3065, Page 245, of the Deed Records of Brazos County, Texas. Through this
review and approval, the City of College Station did not find that the extension of
Appomattox Drive was needed due to said proposed development of said Lot 1.
Therefore, the rezoning and development of said Lot 1 does not require the
construction or extension of said Appomattox Drive into the Horse Haven Estates
Subdivision.
Said Lot 1 is more particularly described as Tract 1 in attached Exhibit "A".
Furthermore, said Lot 1 includes the 11.5-acre tract more particularly described in
attached Exhibit "B", which is not affected by the above-described Development
Agreement in any way.
EXECUTED this day of , 2001.
Jim Callaway
Development Services Director
City of College Station
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on this the _ day of ,
2001, by Jim Callaway, Director of Development Services of the City of College Station,
Texas, a municipal corporation.
Notary Public, State of Texas
STATEMENT REGARDING DEVELOPMENT AGREEMENT
06515233
0
DEVELOPMENT AGREEMENT 3
This Agreement is entered into this the 12th day of March 1998, by and between 0
the City of College Station, a Texas Home-Rule Municipal Corporation (hereinafter 6
referred to as "CITY"), and Burton Ray Hermann and Virginia Boriskie Hermann, ~
individually, and Burton Ray Hermann, Virginia Boriskie Hermann, Michael W.
Thiltgen, and Cheryl Thiltgen, as partners in the "Lydia Boriskie Partnership", owners of
Horse Haven Estates (hereinafter referred to as the "OWNERS"). 0
0
WHEREAS, the Lydia Boriskie Partnership is the owner of the property more 2
particularly described as Lot 2 of Horse Haven Estates, as well as part owner of Lot 3b of
Horse Haven Estates, and Burt Ray Hermann and Virginia Boriskie Hermann,
individually, are owners of Lot 3a of Horse Haven Estates, as well as, part owners of Lot 5
3b of Horse Haven Estates, as shown on the Master Plan of Burt Hermann Tract, a copy
of which is attached hereto and incorporated thereof; and
WHEREAS, the OWNERS are proposing to divide and sell to separate ownership
Lot 2, a 25.07 acre parcel, (hereinafter referred to as the "PROPERTY"), as shown on the
Final Plat of Lot 2, Horse Haven Estates, a copy of which is attached hereto and
incorporated thereof; and,
WHEREAS, the OWNERS and the Buyer of the PROPERTY are proposing that
it maintain its current A-O Zoning Classification and current use as a Golf Driving Range
and Practice Facility; and,
WHEREAS, the CITY's Thoroughfare Plan shows Appomattox Drive extending
southward into and through the PROPERTY and into Lots 3a and 3b of Horse Haven
Estates; and,
WHEREAS, the current use of the PROPERTY and of Lots 3a and 3b of the
Horse Haven Estates as shown on the Master Plan of Burt Hermann Tract does not
require the southward extension of Appomattox Drive; and,
WHEREAS, the CITY's Subdivision Regulations require right-of-way dedication
of all streets, alleys, parks, easements and public places as platted, as well as, either
construction of all streets, alleys, sidewalks and utilities or the filing of a guarantee of
performance of such before final plat approval as follows:
8-G.8 Principal Streets on Master Plan
Where subdivision embraces a principal street as shown on the master plan of the
City, such street shall be platted to maintain continuity in the approximate
location as shown, and of the type indicated.
6-D.4.2.4 The following certificates, when applicable, shall appear on the face of
obb1be,&
the plat: 3
Certificate of Ownership and Dedication;
Certificate of Surveyor and/or engineer;
Certificate of City Engineer;
Approval of Commission; and
Certificate of the County Clerk.
6-D.5 Processing the Final Plat, Amending Plat or Minor Plat 1
6-D.5.4 After conditional approval of a plat, the subdivider shall
notify the City Engineer within ten (10) days as to the construction
procedure he proposes to follow. He shall follow one (1) of the following
procedures:
6-D.5.4.1 The subdivider may proceed with construction of
streets, alleys, sidewalks, and utilities that he is required to install,
in which case the City will inspect the work as it progresses, and
upon completion and final acceptance, and upon written request of
the subdivider, the final plat will be approved and filed for record
with the County Clerk. The subdivider shall pay the recording fee.
6-D.5.4.2 The subdivider may elect to file a "guarantee of
performance" as provided in Section 7, in which case the guarantee
of performance shall be filed with the City Secretary, together with
a request that the plat be filed for record. In this case, the final plat
will be approved and filed with the County Clerk. The subdivider
shall pay the record filing fee. The City will inspect the
construction work as it progresses and will make the final
inspection to assure compliance with City requirements.
WHEREAS, deferral of the right-of-way dedication and construction of the
southward extension of Appomattox Drive until the PROPERTY is either redeveloped or
rezoned or the use of the PROPERTY changed, varies from the requirements of the
CITY's Subdivision Regulations that require property for streets to be dedicated and
construction complete, or a guarantee of performance filed, before a final plat may be
approved;and
WHEREAS, Section I B of the CITY's Codes and Ordinances authorizes City
Council to approve development agreements requesting deferral of specific requirements
of the Subdivision Regulations ordinance; and
WHEREAS, this Agreement between the CITY and the OWNERS addressing the
deferral of right-of-way dedication and construction of the southward extension of
Appomattox Drive is required before the CITY can approve and file for record the Final
Obb1bk~;&
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Plat of Lot 2, Horse Haven Estates; and, 3
WHEREAS, The City Council considered and approved this Agreement on March
12, 1998.
NOW, THEREFORE, for and in consideration of the recitations above and in
consideration of the promises and covenants herein expressed, the parties hereby agree
and covenant as follows:
~eOd -A ests 6,y ttir- OwNEks, 0
1. OWNERS agree that any re-development, rezoningpor change in use of the X
PROPERTY or of Lots 3a and 3b of Horse Haven Estates will be subject to 1
review and approval of the CITY. In this event, any and all relevant plans
and/or proposals will be submitted to the CITY for consideration of the need for
the southward extension of Appomattox Drive.
2. The OWNERS agree that, if the CITY determines that the southward extension
of Appomattox Drive is necessary, the OWNERS and/or their successors-in-
interest, heirs or assigns shall be obligated to dedicate to the CITY the right-of-
way for the Appomattox Drive extension as depicted on the CITY's
Thoroughfare Plan at no cost to the CITY. This dedication shall be by
replatting of the PROPERTY. OWNERS and/or their successors-in-interest,
heirs or assigns shall pay for such survey as is required.
3. The OWNERS agree that, if the CITY determines that the southward extension
of Appomattox Drive is necessary, the OWNERS and/or their successors-in-
interest, heirs or assigns shall be obligated to construct, at their own expense,
the Appomattox Drive extension according to then existing CITY codes and
ordinances.
4. All notices and documents required herein shall be sent and provided to the
parties at the addresses and telephone numbers listed below:
Burton Ray Hermann City of College Station
2401 East Bypass City Planner
College Station, TX 77845 P.O. Box 9960
(409) 696-0795 College Station, Texas 77842
(409) 764-3570
All notices and documents shall be deemed received when mailed with
sufficient postage and deposited in a regular mailbox of the United States Post
Office. The parties may change addresses upon thirty (30) days' written notice
sent certified mail, return receipt requested.
5. This Agreement shall be filed of record in the Official Records of the Brazos
County Clerk, Brazos County, Texas.
0651b~~
6. Indemnification. The OWNERS agree to and shall indemnify, hold
harmless and defend CITY, its officers, agents and employees, from and
against any and all claims, losses, damages, causes of action, suits and
liability of every kind, including all expenses of litigation, court costs, and
attorney's fees, for injury to or death of any person, or for damage to any
property arising out of or in connection with this Agreement. Such
indemnity shall apply where the claims, losses, damages, causes of action,
suits, or liability arise in whole or in part from the negligence of the CITY.
7. Release. The OWNERS, their successors-in-interest, heirs and assigns,
hereby release, relinquish and discharge the CITY, its agents, officers, and
employees, from all claims, demands, and causes of action of every kind
and character, including the cost of defense thereof, for any loss of or
damage to property (whether property of either the parties hereto, their
employees, or of third parties) that is caused by or alleged to be caused by,
arising out of, or in connection with this Agreement. This release shall
apply regardless of whether said claims, demands, and causes of action are
covered in whole or in part by insurance and regardless of whether such
loss, or damage was caused in whole or in part by the negligence of the
CITY.
8. This Agreement has been made under and shall be governed by the laws of the
State of Texas. Venue shall lie in a court of competent jurisdiction in Brazos
County, Texas.
9. If it is determined that the CITY had no authority to enter into this Agreement,
then the OWNERS agree that they shall meet all conditions required by the
CITY's Subdivision Regulations and the Thoroughfare Plan or the CITY will
not approve the Final Plat of Lot 2, Horse Haven Estates, and thus the
OWNERS cannot sell the PROPERTY. If this occurs each party shall be
considered to be returned to the position they were in before this Agreement.
10. In the event of litigation, the OWNERS agree to pay and shall pay for all of the
attorney's fees, court costs and other litigation costs of CITY.
11. OWNERS warrant that they are the only record owners of the PROPERTY and
Lots 3a or 3b of Horse Haven Estates.
12. The parties agree that they have read the terms of this Agreement and
familiarized themselves with the requirements hereunder and agree that they
understand theirs rights and responsibilities hereunder.
F
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13. It is understood and agreed that this Agreement shall be binding upon and shall
inure to the benefit of the parties and their respective heirs, lessees,
WbZ3 1bk:~16
representatives, successors, and assigns.
14. It is understood that this Agreement contains the entire agreement between the
understandings between the parties relating to the subject matter. No oral
understandings, statements, promises or inducements contrary to the terms of
this Agreements exist. This Agreement cannot be changed or terminated unless
parties and supersedes and all prior agreements, arrangements, or
in writing or agreed by both parties.
Executed this the th day of March, 1998.
OWNER
B
Vi
Herman Individually
Boriskie Hermann, Individually
CITY OF COLLEGE STATION
BY:
L nn McIlhaney, Mayo
Lydia Boriskie artnership:
By:
Virg' a Boriskie Hermann,
General Partner
By:
Burton Ray Hermann, Partner
By: Ld 'A ~ 'j~
Michael W. Thiltgen, Partn
By: / ~Z
Cheryl, hiltgen, Partner
4TEST:
Connie Hooks, City Secretary
APP ED:
0
3
0
0
2
wt~n 1 nd6
George K. Noe, City Manager
STATE OF TEXAS )
ACKNOWLEDGMENT
COUNTY OF BRAZOS )
efZeleaal7l-, me, the undersigned authority, on this day personally appeared
, as OWNER of Horse Haven Estates and
3b of the Master Plan of Burt Hermann, known to me to be the person wh
subscribed to the foregoing instrument, and acknowledged to me that he exec
u
same for the purpose onsideration therein expressed. Give under my h
of office on this the -%W day of March, 1998.
KAT=M.STASNY tary Public in an
NotarThe State of Texa
My STATE OF TEXAS )
ACKNOWLEDGMENT
COUNTY OF BRAZOS )
0
3
c
0
0
5
0
d Lots 3a
ose name is
ted the
and and seal
and for
s
Before me, the undersigned authority, on this day personally appeared Mayor
Lynn McIlhaney, as Mayor of the City of College Station, a Texas Municipal
Corporation, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office on this the 3 day of March, 1998.
;YVONNE S. CASARES
ary Public, State of Texas
Ay Commission Expires
8
z< AUGUST 5,1998
sm
%
N Public in and for
The State of Texas
of Fiscal/Human Resources
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ALDERSCATE
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2. 22 I 23 1
UN,TED METHODS'
CHURCH
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LOT 1
BLOCS F
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28 I ?7 26
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W ND*00D, PHASE FOUR
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9.961, ACRE S
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BROOKWAY COJR
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s
Par K
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o 3C
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,Y o! Coueoe S;at;o,
960/29G
i
637/20
j'Y' ROA (6~ i
N 42'05'34i'
E - 1247.05'
1
/L For Rod
Lot 2
07 Acres
25
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ta
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/ 15' San. Swr. Esm;
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t
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16'12" W - 7.17'
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1=16'28'12"
r
75'26'08" W - 111.46'
R=565.00
=
L=162.41
e-e,t
S 41.41'46" W96.28' T=81.77
LC=161.85
o! Conege Stto-
CB=S 81' 1 4' 19'
W
k
' Electrfcoi Esm:1164, Pg. 93
and
Telephone Eosem.e^t o;. 121 P939
- - _ - - - _ - -
-
_j I
V
I
Horse
:.,•e5
Hover Lone PiA'7 - 2 4
PRIVATE, YN'.IL'_ ~
qF i .
1=17'35'12"
1=3344'24"
R=635.00 R=565.00
L=194.91 L=332.71
T=98.23 T=171.34
LC= 194.15 4
LC=327.93
CB=N 65'31'43" W
CB -N 73'39126" W
STAn W TCU3
COUNtt M WAZOS BY~I f/e•
wMr~ e.wMaarsl N aw larla eN..n w mk WI, MinO
Ineel N larw (w1p A N Nr inN N larlt) w <.nwy.a
N IM Oatl w4 N Maw CwnM In rNUm.
a 7 ~Ina"tilw t~t.aata sreibn.'
laaw eM •Nw1 tame Y 1MwrMM Ilarala. NaraOr dkN. I.
aw rAw N 111a wtk Naawr as 11raa1., ea.Y.. wnY.. •.k~
aw taraaff fee e.11.la..Nl.n awrMn eynew.a
0•rl"
STATE OF TEfAC
COUNtt OE BP.M
Nter. ~e =r~._ ua0e ~~grwa o wlro^ In.r r w'+ona~,
1MMpafnen(f',ES• r !e/m.(t' n/wu +ueur.we11 ae.go nq
.MlrDmenl. sM a..no•~ega le me lne! rw/iM. .•eculee In.
wme 1p aWDOw eM . We.alwn IMnf.^ .Iowa
pp~N.et~n mr MM a~ty Ire 3 aoy n
fteed"~ i9 ~S°n t
AM VU Or T.IE CM Ea0a1EEe
4 M w.nyM.. Car Cm-, N Mw Car N Gall.q. S__.
Iwetr ..m11 awl all. arNNiNw Val 4 NI ""w'I•"" .Iln'n'
aaar.eMk aaa.. area anOtwrlw. N M CIN N CNkaa SMNr
CNY EntNwr. CNl1t. tNM.n, l.•w
.PPeDYAI DE Tat M PIANNEI
i, al. rnwMtwa. CM alenwr .1 II.. Car N C~ swfi.n.
Moor
wrNl1 M1 aYf 1reeNki.n aloe 4 My N CNwta 1. Sw o C 'n•
CN
awrwrMk ceaw ww .reMw.w N M lkn
CNr Mnn.r, CNIp. SMkn, l..w
CER-KATE Or Sl1N'.2YOP CEPT-n(lTr OF 74 ENG0IEEP
Donow D Go PaOnter.e P.elw . nee - Swnre. No.7072. D - D Ce•..tl. P.q.N..1e Nol.llwnw Enq,.. No 72790. ,n
' IM Slat. +PI Iwet. Mneey -14, 1M1 In.f -1 a 1nw enc Slol. of r -by CMJy foal wow, enq.nwr,rp cont.el al~on
C one •01 pre"F" from w actor, t VY of in. Dropert, moue wen q...-f Ir. 1 .1 DPI
rnw• Imy f.lwnrvtlon o IM rOYM a.e that IM mMf1 Ono OornOt
w1cnD.nq aew 1+D0,+n~on ~I~laacnp " ..pJ'~'peomllr•t !orm /~~/f%1
Donau D Gannet N.P.L.5. No 2972 Genaw D. G-%. P.E No. 7272'
,-a ui w Ln a) ig w is
PROJECT-
LOCATION
W ND*0'OIL`
PHASE THREE
ulr,IE 527. PAGE 585
BROO
KWA'4 5 6
77-7
2 3
I I
, I I
I
VICINITY MAP
n.t.s.
100'
/L.. IrJr., Roc
- FIELD NOTES
'
N TE . 25.07 ACIr, TRACT MCWDES ONE 2176 ACRE TRACT AND ONE 0.29 ACRE TRACT DESCRIBED YEIDR
V'
➢.29 Aar TRACT
O
C:TY CF COLLEGE STATON
GUE
aA°
olil , "
~
an0
°Pi
.-N
" °
i
B
s~
'
~«s
A
'WE
N
(Coiled 9.74 Acres
w
.
uat
pe
I a
e.29
.a,.
n elf e
3.5
Co. C-
s
"
K,.
AND E[DEPT IMF ".1.) MmAwd io . Mad Mla! APN 6. 19N / pn Y elw T MOy.n M w to 6~ Ray
(n
Volume 368, Page 336)
.yam .t . nfewp w thli 2065. poke 269. Official fees dL saM. LeMary TMaa. ew It"
Mrticubrly Mmobw M N -
_
1
M
the
29.03 MrA
V101
o
WlAy
j
lti
t w W 0 r
l
AND E]con Tract
dap Mt
April 6. 1994 ham W hm, Th
MmHoM w -SAVE
'
TN+t9a^ at w b NNten
1
Roy lwmenn a w. TMAtr 2065. 00" 269:
THENCE: S47Alli E - 661.79 Nat slag tM eemmon 0- MI-tin, mid 106.29 ern trod to e 1/7 wen
rod loved Im o l- center of said beets:
m
1 1
THENCE. S 3632'57 w - 227.94 Nat eont-mg o" acid Ixrrrrwn lir to 1M PALE OF KOMMRID:
THENCE: S 2513'36 w - 325.66 Nat - acid 10619 - bast an! eernw in sell cemmen 6-;
THENCE: N 23'05'06 w - 74.10 Hal and N 36 S2'45 E - 273.97 Nat a" Will co- Yr» to N»
PULE OF BEGMN9IG: erne Mn:=On ame4 Of bra. wren m Ma. b a aVMy nqM M Ora
peua a+Me• Una angmviaen f:~. aNrp PrelaMisltel law Me. 2972 p Joruwy
j
I... 1996.
V•
c '
O
O
2,- -.a EDSP-e-.
9 ACRE-
c' 79.C7 -cres
-arse c en =s;ctes
'onec
GENERA- NOT c.
1. LOT 2 Ic NOT w'THIN THE WTS Or THE 100-YEAR FLOOD HAZARO
AREA AS ESTAB:'SHED B1 THE FEDREAL EMERGENCv MANAGEMENT AGENC"
MAP NUMBERS 460083-1440 AN3 480063-163C EFFECTIVE DATE UULT 2. 1992.
2 6 GAS 'LO-L.NE LOCATED IN R.O. .ALONG E. BYPASS CAL- DIG-TESS (344-6377;
PRIOa TC CONSTRUCIIOI.
Or TEXAS CE1111r._ATE Or THE COUNTY C1ERr
'v Or 6RAZOS
y A.n wars. c-, C».,. one no AoA County, do ne
. Mm Ma pal 1e9.1r, . w .la cMdgelH el oulMnlgp~4o,
',ell Ill racma 19---, t~ Inn Cn40 /Oll,ce, NKOaa nn
c CovMr.
ce~n1, c»..
Moron Gounly, la.m
2f 76~~aR
Beep all 0, Mat MHn;n tract parcel at Nw ying aw Mmq ak,*M a Rle MORGAN RECTOR LEAGUE. A-f6,
Ca»pa Staten. Brows Count'. Te4M aw Ming Pmt e/ that 29.03 troel d-b" ft SAVE AND EXCEPT
Trccl or dell ME. All. 6. 1994 from WcMal Thitpe: N w b Burton Roy ft-. et u. neerdp in
V- 2065. M" 289. Offieiel Raeonda. Brazes CpMy. TT m. Pw b" mma PmtinAany th-d6ad w foll-
BEGINNAG. at a 1/7 iron roe found ot tr» w4armctti n of Me Ill rqM-et-aey FN M SarRen Sbtbn Roan
to Pri.ate City of C~ Staten reed) end Me rgriMeat right-er-any hm of Stale flay. 6 at - .
PENCE WT05'1c~ E - 1247.05 Ne: abnp pk Seitce Stetien Rpo line to a 1/Y won rod sal for 1M mrln
come or tfwr 1
THENCE: S 5026'15 E - 675.00 Net wlto Mid Hermann tract b e 1/7 won rod Mt for IM pat corner of Nn or-L
THENCE: 5251]'36^ w -7711 lent mro44 pill Nemlpn trecl end earls n tM nMMnat line of that 105.29
a:n Hoer (deecr,eea M 163.5 Mm. SAVE AND EXCEPT three trocN) (Vq 2065, Page 269):
THENCE. S 3652.45 w - 273.97 Net obn9 t ,o common Nee Mte4en Mid 163.5 Mn trot! ew aid 29.03
ocn tract one corn..:
THENCE: 27C5'06 E - 7110 last continuing a" Mid loll- I and Miner.
THENCE. S 2513.36 IN - 237.74 Net Mnt:Neg soon. Mid wrwwnn Nett N e 1/7 wen nee set ot tM
aeP^^ng or a curve to 1N» rant,
]FENCE: 162,41 Mt meum Mid curve b -right a 1, a dMrw~ W 1626'17 RL. a radius of 565.00 feet
hre Bean 53727'41' w - 161.65 leer to a 1/7 re! All M tM ew of will curve;
am enMe te
THENCE S 41'41'46' w - 9616 feet le a 1/2- won roe net al tM be9imirg of A uwva b tM right:
1f1ENCE: 332.]1 Net aroum Mid curve to Me r"t e,, a apt- of 3744'24" REL. o radius W 565.00 IM
Md - china Mon S 5633'56 w - 327.93 Net to a 1/7 imn rod Mt at ,lA ew of Mid tune;
THENCE: 5 7526'06 w - 111.46 fMt to o 1/7 iron red set m Me bpiminp of a t-l, b the Mt:
'.ENCE 194.91 /hat orourb Hie tune b the loft eNh a oeMrW an9N of 17'35'17 Ll.. a rodilm el 635.00 Nat
and .Mae chars Men S 6641'39' N - 194.15 IMt b a 1/7 irm roo net fm 1M mq er avid curve:
'HENCE: S 5757'17 w - 7.17 IMt b a 1/7 wM red sat la bw aeuM earner of big bwel: Mme Ming M
ME 3w. f1ey. 6 9yoom line:
THJff.. N 3702157 N - 67440 feel 0" Mid Store Hay. 6 &1 1- to Ill PUCE Or BEGINNING:
on^ caMaiMg 24,76 e M Isrnd, n»n w »M. eerlNrrp b o ape M M» undm tM auMrveion
of D.4.» D. G-11. Rpiebrad Prelapioml low Surveyor, b. 2972eurvaYon uonuory 15, 1998.
FINAL PLAT
OF
LOT 2
25.07 ACRES
HORSE HAVEN ESTATES
MORGAN RECTOR LEAGUE - ABSTRACT NO. 46
COLLEGE STATION, BRAZOS COUNTY, TEXAS
SCALE: 1" = 100' FEBRUARY 1998
OWNER/DEVELOPER: ? Bd0711
Burl Hermann 2401 East Bypass 6 6666 C Cmk College Statloa Texas 77645 MaaRniao (409) 696-0795 ewRUtuet tst w d"'It,
A~ Zell"
651523'
Scale: 1" = 200•
Basis of Bearings: Tracts of land rotated to deed
tolls of 29.03 acre tract of land descn bed in
Volume 2085. Page 289 of the Official Records
of Brazos County, Texas (ORBCT).
Page
4, t{66_{0 1
1
k
1Y L
~N
\ ~ !f
\
UWNERS OF TRACTS 2 AND 5,
Burton Ray Hermann, et ux.. V;rglrla BonsKie
Hermarn & MICnCe1 W, Thilt:jer
:alutre '41, ?cge 31i.
Probate Minutes of ORBCT
Volume 1988. Page 45
Burton Ray -ermann, et ux., Virginia BariSkie Hermann
Call d 108.29 Acre Trott (163.5 less 14.27, 29.03 & 11.91 acres)
Volume 2085, Page 289
Parent & Reference Tracts
Volume 141, Page 311 - Probate Minutes of CRBCT
volume 48. Page 296
voiurne 47. ~:Iaqe 499
Blume 136. Page 359
a'ume ! 52, Page 608
I
PROJECT LOCATION
LINE BEARdIG DISTANCE
LINE BE~ DISTANCE UNE B AR i DISTANCE
L; 5 6706'42' E 69.70
Of S 37'09.5? W 259.50
L21 S GY25'35 If 173.60
L2 N 49'04'25 E 252.50
L12 S 09'30'46 E 95.70
L22 S 1755'21' W 100.50
L3 S 41'35'00 E 111.90
L13 S 3749'41 E 117.40
L23 S 7046.20 E 100.00
L4 S 6035'24' E 149.40
L14 S 4716'11 W 229.00
L24 S 221 E 55.30
:5 S 00'16'0[ E 421.60
L15 S 21"19'38 E 306.02
L25 S 7553105 W 16em
'_6 S 21'29'AS W 105.20
LIS N 5631'27' W 109.10
L26 N 6736'41' W 115.60
L7 S 19'0.5'26 E 194.30
L17 N 20'0359' E ;25.0
-27 S 7026'51' W :13.20
LD S tS52'16 W 166.40
LIS N 13735 W 5210
L26 N 07!5'31' W '12-0
L9 S 6757.45 E 427.70
LIS S 47'29'15 W 162.70
L29 5 6719'30 W 496.61
Lt0 S 7743'50 E 331.00
L20 N 51'12'57 W 131.16
Lau 5 6.325'35 W 102.99
L31 S 6719'30 W 46.09
;-NEEAI N07L
20' 81- -,,t to trW Cnr or Bryon for -trie end tx.plwx- P~TOr+
it Volume 141. Pe94 446 f IN III— County Ord IlKor t- 1
2.; 20' 8-..t --t U tfU C:tY of Bryon fer wlecuic 656 t
wad in Vaume 304, Pot c- of eW &mr Caullty ord NoeerWW~~
3) 9,o, PiP44ne -WeemeM tP Nu1116U PlPaine Ce. nlswd4d Va. 49. Peg. 33.
1. 513. Po" 156 6: W. 654. Pogo 5" of 6w III- C-ty D4r B4eeN4.
A) 61or1Wt ee.enwnt to the City of Sryen for Wecok purpore recorded Va. 96.
51 217 of IM Breir County De4d Weeprd4.
WP to r4lqueen-eoneeen Cowlty Gr
GolMrinq Sy~tWn
wdr , Mne 4awlwlt Ve 2065. It 120 of
tN4 OKCia N aW a B~v-ow Ceu.~ty. iwwr.
5 7 nlpe P'. Mpme - end 'U e1e tern new Penal Yep
we. -60013-144C 4k 4150063-161C.
',ta Pr--d W.O.W Aor4eg4 n i -
Master Plan
of
Burt Hermann Tract
118.41 Acres
Morgan Rector League -Abstract 46
College Station, Brazos County, Texas
Scale: 1" = 200' January, 1998
'Con6W
444{
U
WATT BdCYMEFM
6~ tratln« t 4pA Su2► j"
Carw Cn-k P6rkWWT SWt6 IOB
Br"n. Tar" "no
Phan : 4Bi / a" - n"
0
3
0
6
5
0
0
L
5
VICINITY MAP
NTS
i
~f «m, x~/
J
I
d~,~~-~
. ALDERSGAi
UNITED uEM
LOT ICMURCN
~l BLOCK FNE
/ IDLU E 59705
r
/ SWITCH-STATION-ROAD-(61
iI
~%l { iTJf' Man Rod
_ A I{i~
1J ~l// / ~J
2
J 25.07 Acres
q/~' l ; clor>ed~0
V/ I + a
r r 1a
lJ// , fir
Jl ~ OL \ .v. w~'i h 1a
S,
/
NI. WO D NI!v'DWOOD ' i
~v SE I 4.ASEI T-OREE -
9 9 11. RES :OL E 52V. ?AGE 585 \
Park
l4_ n
' ',M 41' 2'0S E n '/Y Rod r ~
120'4T E - 0.00 + 3 .5 n = ' I I !18
$ W
.r e.. s... g ~ ty -~.,eCp f,.rn J >
CCU -O 9 7y
o~
'c' N 4ZI -!5 33 I~ 5
0' .O.W.
w~~ \ \ R.O.W. (uro~ \ i )
~uML .r >R \ U / i t
1 ACfJ \ \ , + Fv+....
/226[ ~.oo . w:
- t 59 59 `
/ e , a 5 42'+3' W- 33 1 I I -
j ' - ' M. shion. I. n / I
1 \ 17.83 re 'I i
' w \ P `/olu e 401 , Pa _ 28\ \ / zs~~~~
Raintree-Section One \ vo e 365. Paq 671 > ` 1I
Volume 373, Page 461 " ' PP vol 323, Paq 258 ` ,r s \ Ruff n6 ~
. \S fCc'leo 34 29 4c~e~)r
~PCf. 4iti~ o'_.me 508. Pcae ~6/
.rw. o oma ~ - AO~
m
~ ~ ~ ~ 2 no vu Q
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4
.J
hcaA
STATEMENT REGARDING DEVELOPMENT AGREEMENT
OF 1998 AS IT RELATES TO LOT 1, HORSE HAVEN ESTATES
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF BRAZOS §
The development of Lot 1, of Horse Haven Estates, has been reviewed as
"redevelopment, rezoning requests by the owners, or any changes in use of the
PROPERTY..." pursuant to the terms of the Development Agreement of 1998, recorded
in Volume 3065, Page 245, of the Deed Records of Brazos County, Texas. Through this
review and approval, the City of College Station did not find that the extension of
Appomattox Drive was needed due to said proposed development of said Lot 1.
Therefore, the rezoning and development of said Lot 1 does not require the
construction or extension of said Appomattox Drive into the Horse Haven Estates
Subdivision.
Said Lot 1 is more particularly described as Tract 1 in attached Exhibit "A".
Furthermore, said Lot 1 includes the 11.5-acre tract more particularly described in
attached Exhibit "B", which is not affected by the above-described Development
Agreement in any way.
EXECUTED this L1 ay of , 2001.
t J Callaway
D velopment Services Di ctor
City of College Station
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
C)1 -%S
This instrument was acknowledged before me on this the +day of
2001, by Jim Callaway, Director of Development Services of the City of College St tion,
Texas, a municipal corporation.
Notary Public, State of Texas
~y,. BRENDA S. GODFREY
X° Notary Public, State of Texas
A' f1Ay Commission Expires
April 1, 2003
STATEMENT REGARDING DEVELOPMENT AGREEMENT
FP.OM- : HERMANN PTY PHONE NO. 979 690 0466 Jun. 29 2001 06: 19PH P9
23
d• _ OS£ CRS,, ' ~ 1-.,~., ~ ` _•A
4 -e J o a
RCSID
r 1A,
r
s ~ I ! VI f~l I '
5 , rJU1 i<'/ .-J ~ 'f ~S• OSZ7q r•, i ~ ~ it
~•r` S 'l y O~' ~a✓ m.~T) ~ 17 1i' ~r O I ~ '~~;~~•Y, ~ j•~
i~/ .i•yrs6n Z • ' -i t` 3~ n IT!' ~t w..'«>
b { l c~j~l 10 I Y S C T rnm J,
17
:J
y r VN Z L s, M IISI ~~V' j
oz } a ~"va75
a III, ; N Nn cn G
1 % ? C 1 _ -.fix n, a r- ~cc
-25
r ~rr.,C) A Cat A~ i ' t f N J 1
~I ..00'%r~ ~ fir' ,n~ y~ ~ ~',~al,~' 1 ~I~~. ~ ~ ar ~ N~ y a~',~• i`~ x
APPOMATTOX CT. (50' R.O.W.)
It"
67500,
C7 c7 i ti.~ ~I b - C6 i"
Z C)
l~ MMIM~11.OlM wM'VM~>
toww RIO,
Exhibit A
Metes and bounds description of all that certain 11.50 acre tract or parcel of land, lying and being situated In the Morgan
Rector League, Abstract No. 46, College Station, Brazos County, Texas, and being a portion out of that same called 1350 acre
tract, found by current on-the-ground survey to contain 13.47 acres, conveyed from Michael W. Thlltgen, Executor, et al to
the Lydia Eorlskle Partnership, as described by deed recorded in Volume 3639, Page 64 of the Official Records of Brazos
County, Texas, said 11.50 acre tract being more particularly described as follows:
BEG G at a point in the channel of Wolf Pen Creek, being the north corner of that same called 1417 acre tract, found
by current on-the-ground survey to contain 14-23 acres, conveyed to Davis McGill, Trustee, as described by deed recorded in
Volume 597, Page 226, of said Official Records. A 112" iron rod found for reference monatnt tt in the northeast right-of-way
line of Earl Rudder Freeway bears S 31° 58150" E - 48.16 feet;
THENCE N 310 59148" W - 397.64 feet with said right-of-way line to a 1/2" iron rod found marking the south corner of Lot 2,
Horse Haven Estates, as depleted by plat recorded in Volume 3158, Page 335 of said Official Records;
THENCE N 57° 59112" E - 7.17 feet with the southeast line of said Lot 2 to n 1/2" iron rod set for beginning of a non-tangent
curve to the right;
THENCE In a northeasterly direction 19491 feet along the are of said curve (Curve data: central angle =1'1° 35'13", radius
635.00 feet, tangent - 98.23 feet, the chord bears N 669 43'40" E -194.15 feet) to a 1/2" iron rod found for end of said curve;
THENCE N 750 28110" E -111.46 feet with said line to a 1/Z" iron rod set for the beginning of a curve to the left;
THENCE in a northeasterly direction 332.71 feet along the are of said curve (Curve data: central angle -33° 44'24", radius
565.00 feet, tangent -171.34 feet, the chord bears N 589 36100" R - 327.93 &et) to a 1/2" iron rod set for end of said curve;
THENCE N 41° 43148" E - 96.78 feet with said line to a 1R" iron rod found for corner;
THENCE S 15" 46137" E - 70.83 feet across said called 1350 acre tract to a 1/Z" iron rod found for corner;
THENCE N 680 45146" E -154.29 feet across said tract to a 1/2" iron rod found for corner;
THENCE 5 260 42133" E - 636.28 feet across said tract to a point for corner in the centerline of Wolf Pen Creek;
THENCE with the centerline meanders of Wolf Pen Creek for the following culls:
S 75° 52146" W - 24.02 feet;
N 770 54139" W - 20.02 feet;
S Or 48152" W - 92.56 feet;
S 67,142142119 - 83.58 feet;
S 18° 10'22" E - 44.50 feet;
S 590 16'08" W - 89.19 feet;
N 84° 56153" W - 82.97 feet;
N 630 44135" W -10738 feet;
S 55° 22125" W - 69.88 feet;
r
N 87° 01'50" W - 3432 feet;
N 07° 36'09" W ► 94.90 feet;
THENCE N 780 00127" W - 9739 feet with said creek waterline to a point for angle point;
THENCE S 860 43146" W - 45596 feet with the line of the old channel to the Place of Beginning and containing 1150 acres of
land.
NOTE: The Company is prohibited from Insuring the area or quantity or the land described herein. Any statement in the
above legal description of the area or quantity of land ig nat a representation that such urea or quantity is correct, but is made
only for informational and/or identification purposes and does not override Item 2 of Schedule 13 hereof.
t7T.i9'd 9LT'Oki
1
21111 29)Hl 213H I.1JC0!2T T002'0T'1f1!'
EXHIBIT "B"
Legal Description
Being all of that certain tract or parcel of land containing 11.50 acres,
more or less, situated in the Morgan Rector League, Abstract No. 46,
College Station, Brazos County, Texas, and being a portion out of that
same called 13.50 acre tract, conveyed from Michael W. Thiltgen,
Executor, et al to Lydia Boriskie Partnership, as described by deed
recorded in Volume 3639, Page 64 of the Official Records of Brazos
County, Texas, said 11.50 acre tract being more particularly described by
metes and bounds shown on Exhibit "A" attached hereto and made a part
hereof.
STATEMENT REGARDING DEVELOPMENT AGREEMENT