Loading...
HomeMy WebLinkAboutcorp docs DECLARATION OF COVENANTS, QJG 22 „ni uz CONDITIONS AND RESTRICTIONS STATE OF TEXAS COUNTY OF. BRAZOS Recitals WHEREAS, W.D. Fitch, hereinafter called "Declarant", is the owner of all of those two (2) tracts or parcels of real property located in the Crawford Burnett League in the City of College Station, Brazos County, Texas, and more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes and hereinafter referred to as "said property", which tracts are part of that tract conveyed to W.D. Fitch by deed recorded in Volume 1040, page 240, Official Records, Brazos County, Texas; and WHEREAS, the Declarant has obtained approval for rezoning said property described in Exhibit "A" from the Planning and Zoning Commission of the City of College Station under the Zoning Ordinance of College Station to an R-4 Zoning District as defined in the present amended ordinances of the City of College Station, Brazos County, Texas; and WHEREAS, the rezoning application was approved by the Planning and Zoning Commission based upon verbal assurances from the Declarant that the property was being conveyed to a purchaser for the purpose of constructing a retirement home facilitv which would never have any buildings or other stuc- tures erected or constructed or placed upon said property which were more than one story in height and that no multi-story buildings or other structures would ever be so erected, • constructed or placed upon said property; and WHEREAS, Declarant is desirous of fulfilling the verbal assurances made, and to hold, use and convey the 283 i s I , n II r properties described in Exhibit subject to certain protec- tive covenants and restrictions as hereinafter set forth. NOW, THEREFORE, it is hereby declared that all of the property described in Exhibit "A" shall be held, sold and ' conveyed subject to the following restrictions, covenants and i conditions, which are for the purpose of protecting the value and desirability of the property and adjacent property and which shall run with the said real property and shall be bind- ing upon all parties having any right, title, or interest in or to the property described on Exhibit "A" or any part thereof, and their heirs, successors and assigns and which restrictions, covenants and conditions shall inure to the benefit of each of the owners. of adjacent property to the property described in Exhibit "A". s Activities Prohibited r f 1.01 No building or other structure shall be erected, placed or constructed upon any of the properties described in Exhibit "A which exceed one story in height and no multi- story buildings or other structures shall ever be so erected, constructed or placed on the property. i t. General Provisions { 2.01 The Declarant or any owner of property adjacent to ~ the property described on Exhibit "A", or any heir, successor or assign of Declarant, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, and reservations imposed by the provisions of this declaration. Should the Declarant or any other such party prevail in any such action at law or in equity, attorney's fees shall be included as part of the recovery in law or in equity. 2.02 The covenants conditions and restrictions of this declaration shall run with and bind the land, and shall inure. to the benefit of and be enforceable by the Declarant his heirs, successors and assigns, or any owner of any land adja- cent to the property described in Exhibit "A" attached hereto J and made a part hereof` and their respective legal VOL 1068 PACT 284 a IIII representatives, heirs, successors, and assigns, and, unless amended or revoked as provided herein, shall be effective for la term of thirty (30) years from the ;date this declaration is • recorded, when they shall become null and void unless extended within the last year of the thirty (30) year term for an addi- tional period of twenty (20) years by a written instrument in recordable form executed by Declarant or his heirs, successors or assigns. Amendment or revocation of these Restrictions may II be accomplished only by the unanimous approval of Declarant, and the owner of the subject property and all owners of adjacent property to the subject property. EXECUTED this the day of 1988. • W.D. Fitch, Declarant Accepted and agreed by the purchaser of the above described property as to all terms and provisions hereof, this { day of 1988. CLZtn' L. HINES, INC. BY: L. Hines , president t STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the day of 1988, by ANotary Fi . My commission expires; pu ' , State Texas 7- '7- 1,0 Notary's printed name: DOROTHY LANINGHAMM Notary Public 6STATE of TEXAS My Commission Exp. July 7, 1990 VOL ~ eB 285 pact No. 1 EXHIBIT ".A" to the Declaration of Covenants, Proposed Retirement Village Conditions and Restrictions. 4.44 Acre 'T'ract r Crawford Burnett League College Station, Texas 20 July 1988 n, A All that certain tract or parcel of land lying, and being situated r In the Crawford Burnett League in College Station, Brazos County, Texas, being a~ part of that tract conveyed to W.D. Fitch by deed recorded in Volume 1040, Page 240 .of the Official Records of. Brazos County, Texas, and being more particularly described as i follows: Beginning at an iron rod set in the northwest line- of Rock Prairie Road N 61' 67' 01" E - 360.00; feet from the most easterly corner of that 6.00 acre tract conveyed to The Protestant Episcopal Church Council of the Diocese of Texas by deed recorded in Volume 819, Page 826 of the Official Records of Brazos County, Texas. .i 4 Thence N 61' 67' 01" E - 226.76 feet 'along the northwest- line of Rock Prairie Road to an iron rod set for a corner of this tract; Thence N 38' 02' 69" W - 260.00 feet 'through the said W.D. Fitch tract to an Iron rod set for a corner. of this tract; I a Thence N 61' 67' 01" E - 400.66 feet continuing through the said W.D. Fitch tract to an iron rod set In the southwest line of Rio: Grande Boulevard; Thence N 48' 66' 00" W - 264.68 feet along the southwest line of <; h' Rio Grande Boulevard to an Iron rod set at the most northerly •'~`m corner of this tract; Thence S 61' 67' 01" W - 690.00 feet through the said W.D. Fitch tract to an Iron rod set for a corner of this tract; c Thence N 88' 26' 00" E - 84.13 feet continuing through the said # l W.D. Fitch tract to an Iron rod set for a corner of this tract; 3 Thence S 30' 49' 60" E - 463.60 feet continuing through the said W.D. Fitch tract to the Point of Beginning and containing '4.44 acres of land more or less, f Tract 2 I ! Proposed Retirement Village 6.39 Acre Tract Crawford Burnett League College Statlon,.Texas 20 July 1988 All that certain tract or parcel of land lying and being situated in the Crawford Burnett League in College Station, Brazos County, Texas, being a part of that tract conveyed to W.D. Fitch by deed recorded In Volume 1040, Page 240 of the Official Records of Brazos County, Texas, and being more particularly described as follows: Beglnning at an iron rod Found in the northwest line of Rock Prairie Road at the most easterly corner of that 6.00 acre tract conveyed to I'll e Protestant Episcopal Church Council ' of the Diocese of Texas by deed recorded In Volume 819, Page 826 of the Official Records of Brazos County, Texas. I Thence N 43' 44' 42" W - 604.86 feet 'along the northeast line of the said Episcopal Church tract to an iron rod found at the most northerly corner or same; i o Thence N 61' 67' 01" E - 261.64 feet through the said W.D. Fitch i tract to an iron rod set for a corner of this tract; F-" Thence N 88' 26' 0 E - 266.61 feet continuing through the said 00 W.D. Fitch tract to an Iron rod set for a corner of this tract; Thence S 30' 49 60," E 463.60 feet continuing through the said W.D. Fitch tract to an Iron rod set for a corner of this tract In the northwest line of Rock Prairie Roed; Thence S 61. 67' 01" W 1 - 360.00 feet 'along the northwest line of Rock Prairie Road to the Point of Beginning and containing 6.39 ' acres of land more or less. i ~DE_CLARATION OF COVENANTS, CONDITIONS AND R STR IcTIONs THE STATE OF TEXAS g 47 THESE E ENTS: COUNTY OF BRAZOS § KNOW ALL MEN RECITALS: ~~c, WHEREAS, W. D. FITCH ("Declarant" herein), is the owner of all of that 4.78 acre tract or parcel of land lying and being situated in the Crawford Burnett League, College Station, Brazos County, Texas, and being more particularly described in EXHIBIT A which is attached hereto and made a part hereof for all purposes (the "Property" herein); and WHEREAS, Declarant is also the owner of certain contiguous real Property which is currently zoned for single-family residential use ("Contiguous Property" herein); and WHEREAS, Declarant desires to protect the value of such Contiguous Property by imposing certain protective covenants and restrictions as hereinafter set forth. NOW, THEREFORE, it is hereby declared that all of the Property shall be held, sold, and conveyed subject to the following restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of all Contiguous Property and which shall run with the Property and shall be binding on all parties having any right, title, or interest in and to the above described Property or any part thereof, and their heirs, successors, and assigns, and which restrictions, covenants and conditions shall inure to the benefit of the owners of any interest in the Contiguous Property. ACTIVITIES PROHIBITED 1.01. No building or other structure shall be erected, placed, or constructed upon any of the Property, which exceeds one (1) story in height and no multi-story building or structure shall be erected, constructed or placed on the Property. 2.01. The owner of any interest in the Contiguous Property shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions and covenants imposed by the provisions of this Declaration. Should such owner DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 1 vo, ra,~P1,~~ 1 i • ' r 1 prevail in any such action at law or in equity, such prevailing party shall be entitled to recovery of attorneys' fees. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 2.02. The covenants, conditions, and restrictions of this Declaration shall run with and bind the Property, and shall inure to the benefit of and be enforceable by any owner of any interest in the Contiguous Property or their respective legal representatives, heirs, successors, and assigns. The conditions,' covenants, and restrictions contained in this Declaration shall be effective for a term' of twenty (20) years from the date this Declaration is recorded, after which time said covenants, conditions and restrictions shall be automatically extended for successive ; periods of ten (10) years. The covenants, conditions and restrictions of this Declaration may be amended during the first ~ twenty (20) year period by an instrument signed by all of the owners of the Contiguous Property and thereafter by` an instrument signed by not less than seventy-five percent (75%) of the owners of the Contiguous Property. EXECUTED by the Declarant this 30th day of December, 1988. I r W. D. FITCH, Individually w. i4 THE STATE OF TEXAS § COUNTY OF BRAZOS § i BEFORE ME, the undersigned authority, on this day personally t appeared W. D. FITCH, known to me to be the person whose signature is subscribed' to the foregoing instrument, who, being first duly sworn by me, stated upon his oath that he executed the foregoing instrument for the purposes and consideration therein expressed. ` GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 30th day of December, 1988. Notary Public, State of I'exas Printed NumC; My commission Cxplras: t DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS Page 2 i C. i p 1 JOE ORR, INC. i Surveyors & fneincert Office Phone 690.3378 9 ?t. 3. Box '413 COLLEGE STATION, TEXAS 77840 'Tract D-R 4.78 Acres Southwood valley section 26 Crawford Burnett League College Station, Texas 30 October 1988 All that certain tract or parcel of land lying and being situate in the Crawford Burnett League in College Station, Texas d being a part of those tracts conveyed to Wrazos County, deeds recorded in Volume 542, Page 526 of the DeedDRecFitch bj~ Brazos County, Texas, and Volume 779, ords of Page 240 of the Official Records of Srazo583 and Volume 1m:'n ' being more particularly described as follows; CountY. Texas and Beginning at the most northerly corner of that 5.00 acre tract cese. of Texas piscopal Church Council of the lio- Official Recordsyof eBrazosc ount, in Volume 819, ^^age 826 of the Y, Texas. Thence N 510 57' 01„ E tract to the most easterl- 26154 feet y co. ner of this°tract; said W. D. Fitch Thence N 520 32' 16" W - 158.75 feet continuing through the said W•D.'Fitch tract to an angle point; Thence N 66o 16' 21" W 216.00 feet continuing through the said W.D. Fitch tract to the most northerly corner of this tract; Thence s 570 08' 07.0 ` W - W.D. Fitch tract to the s u524.50 eet th estflinec ftsamenq through the said Thence s 49o 14' 53" E - 183.37 feet along the southwest line of the said W.D. Fitch tract to an angle point; t Thence S 410 58' 39" ~ t west line of the said W2 12.03 feet continuing along the south- .D Fitch tract to t corner of the said Episcopal. Church 5 acre tra t e most westerly Thence N 510 57' 01" E the said Episcopal Church5tractfCet along the northwest line of containing 4.78 acres of to the Point of Be land more or less. Beginning and von 1 Q~~~~a~~ FQ~ EA b'i A u .-....,......ter,,, Y t 41 294 DECLARATION OF COVENANTS, 1"23 22 02 CONDITIONS AND RESTRICTIONS STATE OF TEXAS COUNTY OF. BRAZOS Recitals WHEREAS, W.D. Fitch, hereinafter called "Declarant", is the owner of all of those two (2) tracts or parcels of real property located in the Crawford Burnett League in the City of College Station, Brazos County, Texas, and more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes and hereinafter referred to as "said property", which tracts are part of that tract conveyed to W.D. Fitch by deed recorded in Volume 1040, page 240, official Records, Brazos County, Texas; and WHEREAS, the Declarant has obtained approval for rezoning said property described in Exhibit "A" from the Planning and Zoning Commission of the City of College Station under the Zoning Ordinance of College Station to an R-4 Zoning District as defined in the present amended ordinances of the City of College Station, Brazos County, Texas; and WHEREAS, the rezoning application was approved by the Planning and Zoning Commission based upon verbal assurances from the Declarant that the property was being conveyed to a purchaser for the purpose of constructing a retirement home facility which would never have any buildings or other stuc- tures erected or constructed or placed upon said property which were more than one story in height and that no multi-story buildings or other structures would ever be so erected, constructed or placed upon said property; and WHEREAS, Declarant is desirous of fulfilling the verbal assurances made, and to hold, use and convey the 068P'.,F?83 ; Z11 X, "4 properties described in Exhibit "A", subject to certain protec- tive covenants and restrictions as hereinafter set forth. ' P NOW, THEREFORE, it is hereby declared that all of the property described in Exhibit "A" shall be held, sold and conveyed subject to the following restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of the property and adjacent property and which shall run with the said real property and shall be bind- ing upon all parties having any right, title, or interest in or to the property described on Exhibit "A" or any part thereof, and their heirs, successors and assigns and which restrictions, „ s covenants and conditions shall inure to the benefit of each of ry the owners. of adjacent ' J property to the property described in ~Exhibit "A". t ~k. Activities Prohibited r 1.01 No building or other structure shall be erected, placed or constructed upon any of the properties described in Exhibit "A which exceed one story in height and no multi- story buildings or other structures shall ever be so erected, constructed or placed on the property. i General Provisions t 2.01 The Declarant or any owner of property adjacent to j the property described on Exhibit "A", or any heir, successor or assign of Declarant, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, and reservations imposed by the provisions of this declaration. Should the Declarant or any other such party prevail in any such action at law or in equity, attorney's fees shall be included as part of the recovery in law or in equity. 2.02 The covenants, conditions and restrictions of this declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Declarant his heirs, successors and assigns, or any owner of any land adja- cent to the property described in Exhibit "A" attached hereto and made a part hereof and their respective legal i VOL 10e8w 284 i representatives, heirs, successors, and assigns, and, unless amended or revoked as provided herein, shall be effective forla term of thirty (30) years from the date this declaration is • recorded, when they shall become null and void unless extended within the last year of the thirty (30) year term for an addi- tional period of twenty (20) years by a written instrument in recordable form executed by Declarant or his heirs, successors or assigns. Amendment or revocation of these Restrictions may be accomplished only by the unanimous approval of Declarant, and the owner of the subject property and all owners of adjacent property to the subject property. EXECUTED this the day of 1988. W.D. Fitch, Declarant • Accepted and agreed by the purchaser of the above described property as to all terms and provisions hereof, this JqI4 day of 1988. L. HINES, INC. CLZn' BY: L~-H i nes, President STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the .A& day of 1988, by W. 4Fi. My commission expires: Notar, State Texas 7- 9Q Notary's printed names DOROTHY LANiNGHAM Notary Public } STATE of TEXAS iii MY Commission Exp. July 7, 1990 VOL 1e8n X85 ,.,fir d EXHIBIT ".A" to the Decla~ration of Covenants ' act No. 1 Conditions and Restrictions. Proposed Retirement Village ' 4.44 Acre 'T'ract r:. Crawford Burnett League College Station, Texas 20 July 1988 All that certain tract or parcel of land lying and being situated A r In the Crawford Burnett League in College Station, Brazos County, I Texas, being a% part of that tract conveyed to W.D. Fitch by deed recorded in Volume 1040, Page 240 :of the Official Records of Brazos County, Texas, and being more particularly described as follows: Beginning at an Iron rod set In the northwest line of Rock i' Prairie Road N 61' 67' 01" E - 360.00 feet from the most easterly corner of that 6.00 acre tract conveyed to The Protestant Episcopal Church Council of the Diocese of Texas by deed recorded In Volume 819, Page 826 of the official Records of Brazos County, Texas. I ' Thence N 61' 67' 01" E - 226.76 feet 'along the northwest- line of j` Rock Prairie Road to an iron rod set for a corner of this tract; Thence N 38' 02' 69" W - 260.00 feet 'through the said W.D. Fitch tract to an Iron rod set for a cornea of this tract; , r 'T'hence N 61' 67' 01" E - 400.66 feet continuing through the said W.D. Fitch tract to an iron rod set In the southwest line of Rio Grande Boulevard; I= Thence N 48' 66' 00" W - 264.68 feet along the southwest line of r Rio Grande Boulevard to an Iron rod ! set at the most portherly ; corner of this tract; Thence S 61' 67' 01" W - 690.00 feet through the said W.D. Fitch tract to an Iron rod set for a corner of this tract; ? Thence N 88' 26' 00" E - 84.13 .feet continuing through the said f W.D. Fitch tract to an iron rod set for a corner of this tract; { Thence S 30' 49' 60" E - 463.60 feet continuing through the said , ( W.U. Fitch tract to the Point of Beginning and containing 4.44 acres of land more or less. f l Tract 2 Proposed Retirement Village 6.39 Acre 'T'ract I Crawford Burnett League + College Statlon,.Texas I 20 July 1988 All that certain tract or parcel of land lying and being situated In the Crawford Burnett League In College Station, Brazos County, Texas, being a part of that tract conveyed to W.D. Fitch by deed recorded In volume 1040, Page 240 of the Official Records of Brazos County, Texas, and being more particularly described as follows: II ~ Beginning at an Iron rod Found in the northwest line of Rock Prairie Road at the most easterly corner of that 6.00 acre tract conveyed to The Protestant Episcopal Church Council 'of the Diocese of Texas by deed recorded In Volume 819, Page 826 of the Official Records of Brazos County, Texas. ' I Thence N 43' 44' 42" W - 604.86 feet 'along the northeast line of the said Episcopal Church tract to an Iron rod found at the most northerly corner of same; o Thence N 61' 67' 01" E - 261.64 feet through the said W.D. Fitch tract to an Iron rod set for a corner of this tract; Thence N 88' 26' 0 E - 266.61 feet continuing through the said pp W.D. Fitch tract to an Iron rod set for a corner of this tract; Thence S 30' 49' 60," E 463.60 feet !continuing through the said W.D. Fitch tract to an iron rod set for a corner of this tract In the northwest line Hof Rock Prairie Ro 'd; Thence S 61' 67' 01" W 360.00 feet !along the northwest line of Rock Prairie Road to the Point of Beginning and containing 6.39 ' acres of land more or less. r j DECLARATION OF COVENANTS. CONDITIONS Ns THE STATE OF TEXAS § KNOW ALL MEN THESE E ENTS: COUNTY OF BRAZOS § / RECITALS: 14 WHEREAS, W. D. FITCH ("Declarant" herein), is the owner of all of that 4.78 acre tract or parcel of land lying and being situated in the Crawford Burnett League, College Station, Brazos County, Texas, and being more particularly described in EXHIBIT A which is attached hereto and made a part hereof for all purposes (the "Property" herein); and WHEREAS, Declarant is also the owner of certain contiguous real Property which is currently zoned for single-family residential use ("Contiguous Property" herein); and i WHEREAS, Declarant desires to protect the value of such Contiguous Property by imposing certain protective covenants and restrictions as hereinafter set forth. NOW, THEREFORE, it is hereby declared that all of the Property shall be held, sold, and conveyed subject to the following restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of all Contiguous Property and which shall run with the Property and shall be binding on all parties having any right, title, or interest in and to the above described Property or any part thereof, and their heirs, successors, and assigns, and which restrictions, covenants and conditions shall inure to the benefit of the owners of any interest in the Contiguous Property. ACTIVITIES PROHIBITED 1.01. No building or other structure shall be erected, placed, or constructed upon any of the Property, which exceeds one (1) story in height and no i multi-story building or structure shall be erected, constructed or placed on the Property. 2.01. The owner of any interest in the Contiguous Property shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions and covenants imposed by the provisions of this Declaration. Should such owner . DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Page 1 F M 'r •A.r i • prevail in any such action at law or in equity, such prevailing party shall be entitled to recovery of attorneys' fees. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 2.02. The covenants, conditions, and restrictions of this Declaration shall run with and bind the Property, and shall inure to the benefit of and be enforceable by any owner of any interest in the Contiguous Property or their respective legal representatives, heirs, successors, and assigns. The conditions, covenants, and restrictions contained in this Declaration shall be effective for a term of twenty (20)years from the date this Declaration is recorded, after which time said covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years. The covenants, conditions and restrictions of this I Declaration may be amended during the first twenty (20) year period by an 1 instrument signed by all of the owners of the Contiguous Property and thereafter by` i; an instrument signed by not less than seventy-five percent (75%) of the owners of the Contiguous Property. EXECUTED by the Declarant this 30th day of December, 1988. W. D. FITCH, Individually f l~ THE STATE OF TEXAS COUNTY OF BRAZOS § E BEFORE ME, the undersigned authority, on this day personally appeared W. D. FITCH, known to me to be the person whose signature is subscribed' to the foregoing instrument, who, being first duly sworn by me, stated upon his oath that he executed the foregoing instrument for the purposes and consideration therein expressed.; { r: GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 30th day of December, 1988, Notary Puhlfc, SWIG Of Texas ciylir 's Printed Nunie; ex -6 A My commission expires; DECLARA-1-10N OF COVENANTS, CONDITIONS AND RESTRICTIONS rage 2 ter. .y i r 1 JOE ORR INC. Surveyors b Engineers Office Phone 690.3378 • Rt. 3. Box 113 COLLECE STATION, TEXAS 77810 'Tract D-R 4.78 Acres Southwood Valley section 26 Crawford Burnett League College Station, Texas 30 October 1988 All that certain tract or parcel of land lying and being situated in the Crawford Burnett League in College Station, razos County, Texas, being a p:rt of those tracts conveyed to W D deeds recorded in Volume 542, Page 526 of the Deed Records of Brazos County, Texas, and Volume 779, Page 240 of. the Official Records of BPage 53 and Volume razosBCount , Texas and being more particularly described as follows; Yxa` and Beginning at the most northerly conveyed to The °rotestant Episcopal Church *C uncil0ofcthet^iot cese of Texas by ;lead recorded; in Volume 819, rage; 826 of the Official Records of Brazos County, Texas. Thence N 510 57' O1" E tract to the most easterl 261.54 feet through the said W.D. Fitch Y corner of this tract; Thence N 520 32' 16" W - 158.75 feet continuing through the said W.D.'Fitch tract to an angle point; Thence N 660 16' 21" W W.D. Fitch tract to the most6 ortherl continuing through the said Y corner of this tract; Thence S 570 08, 07" W - 524.50 feet continuing through the said W.D. Fitch tract to the southwest line of same; ' Thence S 490 14' S3" E - 183.37 feet along the southwest line the said W.D. Fitch tract to an angle point; I of Thence S 410 58' 39" ~ E - 212.03 feet continuing along the south- west line of the said W.D. Fitch tract to the most westerly corner of the said Episcopal Church 5 acre tract, Thence N 510 57' O1" E - 352.53 feet along the northwest line of the said Episcopal Church tract to the Point of Be containing 4.78 acres of land more or less, ginning and von 1093nu FQO Exh►b,+ - {