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Home My WebLink AboutCONSENT OF PROPERTY OWNER Delmar Baronhead I, Ltd. 0.63 Acre Exchange Tract Richard Carter Survey, A -8 College Station, Brazos County, Texas Field notes of a 0.63 acre tract or parcel of land, lying and being situated in the Richard Carter Survey, Abstract No. 8, College Station, Brazos County, Texas, and being part of the 14.33 acre tract described in the deed from Frank J. Matous, Jr., et ali to Delmar Baronhead I, Ltd., recorded in Volume 3046, Page 100, of the Official Records of Brazos County, Texas, and further being part of Lot 1A - 16.997 acres, Block 1, Replat and Subdivision Plat establishing Lots 1A, 5A, 9,10 and 11, Block 1, of Gateway Phase 1, according to the plat recorded in Volume 4998, Page 262, of the Official Records of Brazos County, Texas, and being more particularly described as follows: BEGINNING at the'/" iron rod found marking the common corner between the beforementioned Lot 1A - 16.997 acres, Block 1 and a 5.69 acre tract described in the deed to Jamil Boukarim recorded in Volume 4844, Page 27, of the Official Records of Brazos County, Texas, and in the southeast line of a 19.81 acre tract described in the deed to DWS Development, Inc., recorded in Volume 4855, Page 125, of the Official Records of Brazos County, Texas; THENCE N 41° 56' 11" E along the common line between the beforementioned Lot 1A, Block 1 and the 19.81 acre tract for a distance of 114.23 feet to a %" iron rod set in a curve, concave to the northeast, having a radius of 275.00 feet; THENCE along the east line of a proposed variable width access easement, as follows: Southeasterly along said curve for an arc length of 152.71 feet to a' /z' iron rod set at the end of this curve, the chord bears S 33° 00' 39" E - 150.76 feet, S 48° 55' 11" E fora distance of 53.57 feet to a'A" iron rod set at the beginning of a curve, concave to the northwest, having a radius of 225.00 feet, Southeasterly along said curve for an arc length of 112.48 feet to a' /Z' iron rod set at the end of this curve, and the beginning of a curve concave to the northeast, having a radius of 373.00 feet, the chord bears S 34 °•35' 52" E - 111.32 feet, Southeasterly along said curve for an arc length of 161.38 feet to a'/" iron rod set at the end of this curve, in the northwest line of a 30' private access and public utility easement as shown on the beforementioned Replat and Subdivision Plat, said 30' private access and public utility easement shown more specifically on the Final Plat of The Gateway Phase 1, recorded in Volume 3663, Page 313, of the Official Records of Brazos County, Texas, the chord bears S 32° 40' 13" E - 160.12 feet; THENCE S 41° 56' 38" W along the northwest line of the beforementioned 30' private access and public utility easement for a distance of 7.51 feet to a' /2' iron rod set in the common line between the beforementioned 5.69 acre tract and Lot 1 A - 16.997 acres, Block 1; EXHIBIT I g- KLING ENGINEERING AND SURVEYING nliY�rl, ti XA!, Delmar Baronhead I, Ltd. 0.63 Acre Exchange Tract Richard Carter Survey, A -8 College Station, Brazos County, Texas Continued - Page 2 THENCE N 48° 03' 22" W along the common line between the beforementioned 5.69 acre tract and Lot 1A - 16.997 acres, Block 1 for a distance of 461.78 feet to the PLACE OF BEGINNING, containing 0.63 acre (27,605 ft of land, more or less. OF Surveyed September 2003 opt $. l{. KLING is 2003 S. M. Kling ', . F E S S '• R. P. L. S. No. 2003 � u 1--� Prepared 09/12/03 kes03- 04a:1baronhead0.63ac.wpd KLING ENGINEERING AND SII IIIIYAll 11 $A., 1 , . / DWS DEVELOPMENT, INC. — - - -- CALLED 19.81 AC. VOL. 4855, PG. 125 ---_._._.,, CENTERLINE 175.00' Of 1RIBUTARY I/2" IRON ROD S 41' 6 1/2" IRON FOUND W/ CAP • _� / ROD FOUND -- Y_/ 0:, i �� Egr .> y . T < <. +• , ..r • 60.77' . "—�.`_ / . 8 } gi ks sl . 1 } s � t�;5 2 £::f2 <3r5X .•. }S •� : •;3 Fi � 214.01 >�..t € 5 t+ :: $,.1 +. :.L<� t£'F, #x >L:� }s > } >fi' .i'r €i }'.�'£1 >; • LEGEND: UNLESS OTHERWISE NOTED: 1+<.2:{ tele ='; `<' 0 .1 /2' IRON ROD FOUND ,}: }1 :LL.:{1:.: : 1} :¢:};r: SCALE: 1 90 iiiM > 104. "i 1 5I: C.1 Q 1/2" IRON ROD SET MAW : # : >1; f > , f }Lt 0.63 ACRE LINE TABLE . , .- ;111 1„ } ? i :: 27 605 sq.fV:. LINE BEAR /NG 0/S7 . " € :- RI:, Y ' {{ L 1 578' 17 13'W 61.11 CV s >•:. > ;; , 1 12 N19'40 46'W 13746 V'• « „,; > ?< <I€€ ; € ; L.3 548'03'22 'E 169.01 ' t ;V: ::{ ` I . .4 i1' L4 N41 '56'1 1 E 114.23' : : :. < i :; } ;;: • 15 548'55'11"E 5357' R J ::: > :11::: ! I € ; > L6 541'56'38W 7.51 ' •: {•: a t : ,, • : ;'s 1: : j : 4 € #1` sk : : :: : • DELMAR BARONHEAD I, LTD. 1 N48'032_ ' V1' 4 61.78' `: '!:: : > ': 7 � � ^ � € fi r ;: » # ? f; {`:• 14.33 ACRES ; + ? ACRES p v i { r ” ' €' VOL. 3046, PG. 100 NOTE: BASIS OF BEARINGS IS THE : : # .. € : : > REESTABLISHED SOUTHWEST LINE OF LOT IA ;�: ,` '.�s' % j; Yr ; PROPOSED 16.997 ACRES BLOCK 1 AS SHOWN r : < , + +t;::;i:'{ • %•':% ON TIME REPEAT AHD SUBDIVISION PLAT ' + 1 <: > . ": <; : #?i: DRIVE ISLE ESTABLISHING LOTS 1A, 5A, 9, 10 AND 11 '• ::i' #: :: : : : : :: BLOCK 1 OF THE GATEWAY. PHASE 1 :<;: f :: ?;:::' RECORDED IN VOL. 4998. PC. 262 WITH A •<: '';::'; V::: :::a LOT 1 A, BLOCK 1 - RECORD BEARING OF N 48'03 / •i s: > : : • 4:::!.. ' ? : 16.997 ACRES / ':;;::: :';, THE GATEWAY, PHASE 1 ,:; ; REPLAT - - - --- THE GATEWAY i ' " ` ` ' VOL. 4998, PG. 262 PROPOSED 1 PHASE 3 ' / "I' V ` "l \ i "' ? ) I- I • LEAD PLUG S I P.''. 1ST f•.FL f, JAMIL BOUKARIM I1 TACK 5ET / C')...4- * p(sei-AD CALLED 5.69 AC. — I: J / t, VOL. 4844, PG. 27 I; SID ( ' S.M. KLING ) UNPLATTED �; L 1 4t'T4c cF r� 1 0 2003 1; � ' 3 F S 1 '.P �' �� J i 6 6� g pCM£� . 0 pie -'� 0 , { , E S S 1 O ? `l i T, � �c S.UR 4 / ,f / I •. I I ■ BG ` F ` R C � ° F i PA R I!mi� 1l /� SURVEYED: SEPTEMBER, 2003 l c-7 A5EEll I '...„6„........„...,........i,.........„,,,......... � %r 0.13 ACRE . 1 , 4, {- <# 5, 52 0 sq.ft. t 1 / < , «€ FqS , / , c f .1.0.: 1£49../40.1, i ` ANN . BY: S.M. KLING R.P.L.S. 0. 2003 •' • • •: O <: Pi �:: } = . 1 p `` EXCHANGE . fa : N;t• . „} : :g. TRACTS .* BETWEEN / e' " _' JAMIE BOUNCARIM e, `w� (VOL . 4844, PO. 27) S 4,0 ' hE. ` \ ■ o,Q'y�� 0 D ELMAR BARONI-IIEAD 1 LTD. ' � 4 - VOL. 3046, P0. 100 iEVISED: 10/24/03 ORRECTEU V/P IN TITLE. �. �° RICHARD CARTER SURVEY, A -8 • COLLEGE STATION, BRAZOS COUNTY, TEXAS CURVE TABLE: „ , ' /IRI/L' LENGTH RADIUS DELTA CHORD BEAR /NO SCALE: 1 =80 SEPTEMBER, 2003 C1 152.71' 275.00' 31'49'03" S 33'00 '39 "C-150. 76' C 112.48' 225.00' 28 S 34'35'52 E- 1 11.32' PREPARED B EXHIBIT C 161.38' 373.00' 24'47'20" S 32'40'13"f-160.12' 1 KUNG ENGINEERING J( 4101 TEXAS AV, 4 P.O. BOX 4234 •I BRYA Q ^ 5 Kw: 11iIl r Fil(:IIIFrI1111G & SIIIIVFYIIIA � III 11 XAS / DWS DEVELOPMENT, INC. CALLED 19.81 AC. VOL. 4855, PG. 125 SCALE: 1 = '-•- CENTERLINE 175.00' I /2" IRON OF TRIBUTARY 1/2" IRON ROD c _.� 1'S6'� w ""--� ROD FOUND FOUND W/ CAP W o 60. 7 7 -- ---�,. S. 4703 / 214.01' /l 1 Tf11V • LEGEND: UNLESS OTHERWISE NOTED: 0 1 /2" IRON ROD FOUND I ti. t . « '� :.:: V h 0 1 /2" IRON ROD SET kligil.poti • sod NAIL sET I " VAR I ABLE WIDTH 4. IoIN PRIVATE .SS L /NE TABLE: '^ -q t + EASEMENT ACRE LINE BEAR /NG DISTANCE 7.; 35,8 .f$. L 1 S78'17'1_3 IV 19.52' I sq.ft. S69'45'1.3 "IN 50.67' LJ N19'40 'W 144.27' ' "'" 4 L4 N48'03 22'W 20.94' ` ? € DELMAR BARONHEAD I, LTD. } {.: {:>. 14.33 ACRES L5 N4824 59'E 1.90' t I '`' "'` }'' VOL. 3046, PG. 100 L6 N48 'W 29.05' " ' R0440� II L7 N4156'11 E 47.86' VS PROPOSED L8 548 53.57' DRIVE ISLE L9 541'5638'W 2.51' L10 548'0J22'E 91.38' etk L11 S19'40'46'E 147.98' 44". LOT 1A, BLOCK 1 16.997 ACRES THE GATEWAY, PHASE 1 REPL.AT s VOL. 4998,, PG. 262 ----C-- t THE GATEWAY PROPOSED 1 G PHASE 3 LS , = ::: :.. , `s =:: ,. OF ■ ,- , • . '" ' LEAD PLUG & I ' c, S • •T • •• • . 4% 1 * : :H' :: ': TACK 50 ' � �' R E`'•'9 JAMIL BOUKARIM v ( '` :: '' �•. v :N CALLED 5.69 AC. A 3p• / 1 VOL. 4844, PG. 27 i 'Q'k4 S.M. KLING ' UNPLATTED Is. t >< >> > ? L9 �0i l�c�l °CC fs s 1 ` ••..0 2003 j:? ' > ? >.. > ::: X663 pCyFh p \ y B : OS C4A < N. SURVEYED: SEPTEMBER, 2003 FR f 1 ,i i i : I ; ; .. : :: •! ,. ! ;• : i i : ! :..! .! . () •L 7411::::ggiV . NOTE: BASIS Of BEARINGS IS ..,.,.. 4 THE REESTABLISHED SOUTHWEST Al ' r :;< i ; . >..,: giMi ;•, LINE OF LOT 1A - 16.997 :<:•: s i: ACRES - BLOCK 1 AS SHOWN �. %• % % "" % %` ON THE REPLAT AND ?O• P • � ,:< % » %s :`'; ; i• SUBDIVISION PLAT ESTABLISHING (/eC/ . i:E43' %? E; 'a% LOTS tA. 5A, 9, 10 AND 11 NSF C vT / <<•.+:; : >: ?:: ' BLOCK 1 OF THE GATEWAY, , M � / fY :,! : :: :? ` <'%''tl' V PHASE 1 RECORDED IN VOL. 4 . , ., . f!w. .M. K :x �:;;; �,. ;�,�;;�:; 4998. PG. 262 WITH A RECORD BY: LING R.P. NO. 2003 O •'`-`%t?''' :i ::i' »` ::,. BEARING OF N 48'03 "W. ■,,it) -ix" <2 . ''ii:i::::;::::::::::Y . - . e.4, 4 � '- VARIABLE WIDTH PRIVATE �' 1 ` ACCESS EASEME of, ,� 0 ACROSS NT . ` •k e0 ° , , /42, JAMIL I3OUKARIM REVISED: 10/24/03 tip 6Q ° (VOL 4844, PG. 27) CORRECTED V/P IN TITLE. AND DELMAR BARONHEAD 1, LTD. CURVE TABLE.' VOL. 3046, PG. 100 CURVE LENGTH RADIUS DEiL.TA CHORD BEARING RICHARD CARTER SURVEY, A -8 C1 71.32 ' 144.00' 28'22'36" N 33'5204 "W 70.59' C2 154.15' 421.00' 20 N 30'51'18'W-153.29' COLLEGE STATION, BRAZOS COUNTY, TEXAS C3 114.62' 230.00' 28'33'16" N 39;3833 "4' »11J44' SCALE: 1 " =80' SEPTEMBER, 2003 C4 151.39' 31700' 27'21'45" N 35'14'18 "WW 149.95' C5 152. 71 ' 275.00' 31 03" S 33'0039'E- 150.76' PR[PAIt EXHIBIT C6 112.48 ' 225.00' 28'38 ;58" S 34'35 '52 "E , -11 1.32' KUNO CNOINEf.Rl1 C7 161.38' 373.00' 24'47'20" S 32'40'13r-160.12' 4101 IEXAS AV. + P.O. BOX 4234 4 /' xn(F: WING [ K,INN - RING & SI IRVFYIIIR IIIl A 1. II XA', Oct -16 -03 01:46pm From - Ellison Law 9796938819 T -386 P.02/07 F -724 CONSENT OF PROPERTY OWNER Brazos Gateway Place Development, Ltd. ( "Owner "), the owner of approximately 25 ) and acres of real property in College Station, Phase Texas, f (the Property " ) hsreby se to lying immediately west of The Gateway, the following actions by Delmar Baronhead I, Ltd. and /or Frank Mihalopoulos: 1. Submission of the attached Development Permit Application to the City of College Station for the construction of an approximately three hundred feet of private street and public waterline on the Property in accordance with the plans attached as Exhibit "A" to be submitted to and approved by the City of College Station, Texas; and 2. Construction of an access driveway in accordance with the attached Permit to Construct Access Driveway Facilities on Highway Right of Way (the "Permit ") issued by the Texas Department Owner consents only to the construction of the access driveway in accordance with the plans attached hereto as Exhibit "A ". Any changes to such plans must be approved by Owner. •NeVe w. ber Dated this l7' day of Gctober, 2003 Brazos Gateway Place Development, Ltd. By: BGPD Management, LLC, its general partner By: David W. Sca mardo, Manager (ACKNOWLEDGMENT) THE STATE OF TEXAS § COUNTY OF BRAZOS § Novtw.bcr This instrument was acknowledged before me on the 17i'' day of Aetcrtyer, 2003, by DAVID W. SCARMARDO, Manager of BRAZOS GATEWAY PLACE DEVELOPMENT MANAGEMENT, E DEVELOPMENTaLITD . ca Texas l m d al Partner of BRAZOS GATEWAY PLACE partnership, on behalf of said partnership. v „Mh + � + :` "•' 64 AM Y L . CLOUGH ubl ,State of Texa N t ary Pub State of Texas Notary P ? � � , o c My com miss i on Expires % ` ,,, , March 03, 2007 RECIPROCAL EASEMENT AGREEMENT FOR A PARKING EASEMENT AND AN ACCESS EASEMENT ON ADJACENT TRACTS This Reciprocal Easement Agreement for a Parking Easement and an Access Easement on Adjacent Tracts (this "Agreement ") is made as of the day of November, 2003, by and among DELMAR BARONHEAD I, LTD. ( "Delmar "), and BRAZOS GATEWAY PLACE DEVELOPMENT, LTD. ( "BGPD "). WHEREAS, Delmar owns certain real property situated in the City of College Station, including but not limited to Lot 1A, Block 1, The. Gateway, Phase I, according to replat recorded in Volume 4998, Page 262, Official Records Brazos County, Texas (the "Delmar Parcel "); and WHEREAS, BGPD owns certain real property situated adjacent to the Delmar Parcel, as more particularly described on Exhibit "A -1" and Exhibit "A -2" attached hereto and made a part hereof (collectively, the "BGPD Parcel "); and WHEREAS, in furtherance of the development of the parties' respective parcels, BGPD desires to grant an easement for parking on a portion of its parcel for the benefit of the Delmar Parcel, and Delmar desires to grant an easement for ingress and egress on a portion of its parcel for the benefit of the BGPD Parcel; NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) in hand paid, the reciprocal grants of easements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Parking Easement. BGPD hereby grants to Delmar a non - exclusive easement on, over and across that portion of the BGPD Parcel described on Exhibit "B -1" and shown on Exhibit "B -3" attached hereto and made a part hereof (the "Parking Easement Tract ") for the purpose of providing automobile parking and ingress and egress to and from such parking areas and adjacent portions of the Delmar Parcel. The parking spaces within the Parking Easement Tract shall be paved in concrete, striped and lighted in compliance with all applicable requirements of the City of College Station, Texas (the "City"). 2. Access Easement. Delmar hereby grants to BGPD a non - exclusive easement on, over and across that portion of the Delmar Parcel described on Exhibit "B -2" and shown on Exhibit "B -3" attached hereto and made a part hereof (the "Access Easement Tract ") for the purpose of (a) constructing that portion of the roadway, depicted on Exhibit "C" attached hereto and made a part hereof, that lies on the Delmar Parcel (the "Roadway "), and (b) providing vehicular and pedestrian access to and from the BGPD Parcel and the Roadway. The Roadway to be constructed within the Access Easement Tract shall be graded, paved in concrete and lighted in compliance with all applicable requirements of the City. BGPD may construct no more than two curb cuts on the Roadway and two access drives on the Access Easement Tract to provide access between the Roadway and the BGPD Parcel. RECIPROCAL EASEMENT AGREEMENT 1 FOR A PARKING EASEMENT AND AN ACCESS EASEMENT ON ADJACENT TRACTS 3. Approvals. Prior to obtaining permits and approvals from the City for improvements within the respective easement tracts described above, each party shall obtain the other party's approval (which shall not be unreasonably withheld, conditioned or delayed) of such party's plans and specifications for its improvements, including, without limitation, grading and drainage of each easement tract. Each party shall cooperate with the other party's efforts to obtain approvals from the City as expeditiously as possible. 4. Construction. BGPD shall be responsible, at its sole risk, cost and expense, for the construction of the road improvements within the Access Easement Tract in accordance with plans and specifications approved by Delmar and the City. Likewise, Delmar shall be responsible, at its sole risk, cost and expense, for the construction of parking area improvements within the Parking Easement Tract in accordance with plans and specifications approved by BGPD and the City. 5. Duration of Easements; Subsequent Conveyances. The easements granted herein shall run with the land benefitted thereby, and shall be valid and subsisting so long as the owners or occupants of the benefitted parcels use or intend to use such easements for their stated purposes. Notwithstanding the foregoing, the parties contemplate that, in the near future, Delmar will acquire fee simple title to the Parking Easement Tract from BGPD, and BGPD will acquire fee simple title to the Access Easement Tract from Delmar. As a condition to Delmar's conveyance of the Access Easement Tract to BGPD, BGPD agrees to enter into an agreement with Delmar, in recordable form, which, among other things, grants a non - exclusive, perpetual access easement over the Access Easement Tract for the benefit of the remainder of the Delmar Parcel and certain adjacent properties. Following execution and delivery of the deeds conveying such fee simple tracts to the parties hereto and the agreement granting said access easement for the benefit of the Delmar Parcel and certain adjacent properties, Delmar will, upon BGPD's written request, join in executing an instrument terminating this Agreement. 6. Temporary Construction Easement. In addition to the access easement granted herein, Delmar hereby grants to BGPD a temporary easement to enter and use so much of the surface of the Delmar Parcel adjoining the Access Easement Tract as may be reasonably necessary to construct the Roadway on the Access Easement Tract, and such temporary easement shall remain in effect until the access easement construction work is completed. 7. Counterparts. This Agreement may be executed in two or more identical counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 8. Exhibits. All exhibits referred to in this Agreement are attached hereto and incorporated herein by reference for all purposes. IN WITNESS WHEREOF, the parties have executed this Reciprocal Easement Agreement for a Parking Easement and an Access Easement on Adjacent Tracts to be effective as of the date first set forth above. SIGNATURES BEGIN ON FOLLOWING PAGE RECIPROCAL EASEMENT AGREEMENT FOR A PARKING EASEMENT AND AN ACCESS EASEMENT ON ADJACENT TRACTS BRAZOS GATEWAY PLAC DEVELOPMENT, LTD. By: : PD an men LC, its general partner : Y: Or i Gti O ' W. S A MA RDO, Manager THE STATE O TEXAS § (ACKNOWLEDGMENT) COUNTY OF O`er § This instrument was acknowledged before me on the I- ' of November, 2003, by David W. Scarmardo, Manager of BGPD Management, LLC, general partner of Brazos Gateway Place Development, Ltd. 1 `� .) i t -?:.1 / ill „A �.' . ►y y, JENNIFER LYNN BARB 4 ota Pu • 11, State of Texas e4 N o t ary Public, State of Texas e j"" J My Commission Expir °4�i; March 13, 2 l.vrvtry 1 i V UB 0 ' DINATION BY LIENHOLDER Lienholder, as the holder of lien(s) on the fee simple title to the Parking Easement Tract, subordinates its lien(s) to the easement granted in such tract and consents to the Reciprocal Easement Agreement for a Parking Easement and an Access Easement on Adjacent Tracts. PLANTERS & MERCHANTS STATE BANK By: Name: Title: THE STATE OF TEXAS § (ACKNOWLEDGMENT) COUNTY OF § This instrument was acknowledged before me on the day of November, 2003, by of Planters & Merchants State Bank. Notary Public, State of Texas SIGNATURES CONTINUE ON NEXT PAGE RECIPROCAL EASEMENT AGREEMENT FOR A PARKING EASEMENT AND AN ACCESS EASEMENT ON ADJACENT TRACTS DELMAR BARONHEAD I, LTD. a Texas limited partnership By: Delmar Baronhead GP #1, LLC, its general partner By: „or' ��! idep Frank Mihalopoulos esident THE STATE OF TEXAS § (ACKNOWLEDGMENT) COUNTY OF MUAS § This instrument was acknowledged before me on the o 1 ay of September, 2003, by Frank Mihalopoulos, President of Delmar Baronhead GP #1, LLC, general partner of DELMAR BARONHEAD I, LTD., on behalf of said limited pa nership. , ni •• SWRON SIMMON No - ry Public, State of Texas Z = 4 ; Notary Pubic State of Texas r • : }: M y Commission Expires 06 -27.0 ' Tc OFD `, "" D SUBORDINATION BY LIENHOLDER Lienholder, as the holder of a lien(s) on the Access Easement Tract, subordinates its lien(s) to the easement granted in such tract and consents to the Reciprocal Easement Agreement for a Parking Easement and an Access Easement on Adjacent Tracts. THE FIRST NATIONAL BANK OF BRYAN By: Name: Title: THE STATE OF TEXAS § (ACKNOWLEDGMENT) COUNTY OF § This instrument was acknowledged before me on the day of September, 2003, by of The First National Bank of Bryan. Notary Public, State of Texas RECIPROCAL EASEMENT AGREEMENT 4 FOR A PARKING EASEMENT AND AN ACCESS EASEMENT ON ADJACENT TRACTS METES AND BOUNDS DESCRIPTION °FA 1921 ACRE TRACT RICHARD CARTER SURVEY, A-8 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCR1PTTON OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE RICHARD CARTER.SURVEY, ABSTP.ACTNO. 8, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF A CALLED 25.566 ACRE TRACT AS DESCRIBED BY A DEED TO STANLEYD. ROSENBERG RECORDED IN VOLUME 3360, PAGE 196 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: . BEGINNIING AT A 318 INCH IRON HOD FOUND ON IBS SOUTHEAST LINE OF A CALLED 50 ACRE TRACT AS DESCRIBED BY A DEED TO THE CITY OFBRYANRECORDED INVOLUME 133, PAGE 607 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE WEST CORNER OF SAID 25.566 ACRE TRACT AND A NORTHEAST CORNER, OF BLOCK'ZJ", UNIVERSITY PARK II SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 817,P AGE 384 OF TEE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 41° 28' 19" E ALONG THE COMMON LIE OF SAID 25.566 ACRE TRACT AND SAID 50 ACRE TRACT FOR A DISTANCE OF 1500.06 FEET TO A %INCH IE ON ROD FOUND MARKING TEE NORTH CORNER OF SAM 25.566 ACRE TRACT AND TBEMOSTNOXIHERLYWEST CORNER. OF LOT 1, BLOCK 1, THE GATEWAY, ACCORDING TO THE PLAT RECORDED IN VOLUME 3663, PAGE 313 OF TIM OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (THIS LIE WAS USED FORBEARING ORIENTATION HONORING THE DEED CALL BEARING OF SAID 25.566 TRACT, 3360/196); THENCE: S 33° 39' 51" E ALONG THE COMMON LINE OF SAID 25.566 ACRE TRACT AND THE GATEWAY FORA DISTANCE OF 678.87 FEET TO A h MI IRON ROD FOUND MARIO NG AN EAST CORNER OF SAM 25.566 ACRE TRACT AND AN INTERIOR CORNER OF SAID LOT 1, BLOCK 1, THE GATEWAY; THENCE: S 48 14" W CONTINUING .ALONG THE COMMON LINE OF SAID 25.566 ACRE TRACT AND THE GATEWAY FORA DISTANCE OF 707.15 FEET TO .A 'A INCH IRON ROD FOUND MARJ1G AN ANGLEPOINT IN SAID LINE; THENCE: S 41° 37' 01" W CONTINUING ALONG THE COMMON LINE OF SAID 25.566 ACRE TRACT AND TAR r s sV /t Y FOR • . , IST NC ., -.. . .. . 1 IRON ROD ��.�..resi i•va�rsiy3ljarv��'N 115.03 F"�T �v1LJ2LLV� .111tClJN!"OUTIDMARKING AN INTERIOR EAST CORNER. OF SAID 25.566 ACRE TRACT AND TEE MOST WESTERLY CORNER. OF SAID LOT 1. BLOCK 1, THE GATEWAY; THENCE: S 41' 40' 27" W THROUGH SAID 25.566 ACRE TRACT FORA DISTANCE OF 213.94 FEET TO A 'A INCH IRON ROD FOUND MARKING AN ANGLE POINT IN TEE SOUTH LINE OF THIS HEREIN DESCRIDED TRACT; THENCE: S 04' 4716" W CONTINUING THROUGH SAM 25.566 ACRE TRACT FORA DISTANCE OF 294.72 rttr TO .A %s /NCH IRON ROD FOUND ON THE COMMON LONE OF SAID 25.566 ACRE TRACT AND UNIVERSrTY PARK II SUBDIVISION MARKING THE SOUTH CORNER OF MS HEREIN EXHIBIT DESCRIBED TRACT; -- , - THENCE: N 48 26' I0" W ALONG TBE COMMON LINE OF SAID 25.566 TRACT AND UNIVERSITY PARK 11 SUBDIVISION FOR A DISTANCE OF 744.04 FEET TO TEE POINT OF BEGINNING CONTAINING 19A 1 ACRES OF LAND, MORE =LESS, AS SURVEYED °N UM GROUND 2002. SEE PLAT PREPARED SEPTEMBER, 2002, FORMORE DESCRIPTIVE INFORMATION, BRAD KERR REGISTERED PROFESSIONAL ( • - . �_ OF r LAND SURVEYOR No. 4502 D:/WORYJMAB /02- 0980A.MAB e f t , ` E MAD KERR F " ;15 .. C ... Z Z" 14,NCIss 14.4 - a suaNI,V"- • • Jamil Boukarim 0.13 Acre Exchange Tract Richard Carter Survey, A-8 College Station, Brazos County, Texas Field notes of a 0.13 acre tract or parcel of land, lying and being situated in the Richard Carter Survey, Abstract No. 8, College Station, Brazos County, Texas, and being part of the 5.69 acre tract described in the deed from Stanley D. Rosenberg to Jamil Boukarim recorded in Volume 4844, Page 27, of the Official Records of Brazos County, Texas, and being more particularly described as follows: BEGINNING at the'/" iron rodfound marking the common comer between the beforementioned 5.69 acre tract and Lot 1A - 16.997 acres, Block 1, Replat and Subdivision Plat establishing Lots 1A, 5A, 9,10 and 11, Block 1, of Gateway Phase 1, according to the plat recorded in Volume 4998, Page 262, of the Official Records of Brazos County, Texas, said'/" iron rod being in the northwest right -of -way line of University Drive East, also known as Farm to Market Road No. 60; THENCE S 78° 17' 13" W along the northwest right -of -way line of University Drive East for a distance of 81.11 feet to a '/" iron rod set in the east line of a proposed 70' private access and public utility easement; THENCE N 19° 40' 46" W along the east line of a proposed 70' private access and public utility easement for a distance of 137.46 feet to a' /2' iron rod set in the common line between the beforementioned 5.69 acre tract and Lot 1A - 16.997 acres, Block 1; THENCE S 48° 03' 22" E along the common line between the beforr mentioned 5.69 acre tract and Lot 1A - 16.997 acres, Block 1 for a distance of 169.01 feet to the PLACE OF BEGINNING, containing 0.13 acre (5520 ft of land, more or less. OF Surveyed September 2003 ........ T ..dam '° w By: . it S. M. KL i NG . �, NN.NM 2C1G3 Q :Ct. S. M. Kling *.� > R.P.L.S. No. 20 Prepared 09/12/03 Ias03-04a:thoukarim0.13ac.wpd EXHIBIT KLING ENGINEERING AND SURVEYING BRYAN TEXAS DDS AND BOUYps DEsCRIP ION • OP 5.69 ACRE TRACT RICHARD CARnm SURVEY, A4 LOLL GE STATION, BRAZOT CODPITY, =AS METES AND BOUNDS DESCRIPTION OFAFL THATCERTAINTRACT ORPARCSL OFLAND LYING AND BSIMG SITUATED IN 7IIE RICHARD CARTER SURVEY, ABSTRACT No. 8, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF A CALLED 23.566 ACRE TRACT AS DESK BY A DEED TO STANLEY D. ROSENBERC3 RECORDED IN VOLUME 3360, PAGE 196 OP TEE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, 'MEAS. SAID TRACT BEING MORE PAIMCULARLY DESCRIBED By METES AND BOUNDS AS FOLLOWS: BEGINNING AT A IRONRODFOUND ON TFIENORTHWESTLINE OF UNIVERSITY DRIVE (F.M. 60. VARIABLE W D18R0 w.) MARIaNa7I soUTHwEST CORMEI. OF SAID 25.566 ACRE TRACT AND TIM EAST CO �itNEK OP BLOCK "Y", UNIVERSITY PARK II M SUBDIVISION, ACCORDING TO rare PLAT RECORDED IN VOLUME C7, PAGE 384 OF TIC OFFICIAL RECORDS OF BRAZOS COUNIY, TEXAS; THENCE: N 42' 26 W ALONG THE C.OSIMONLINE OF SAID 23366 ACRE TRACT AND =wits= MI II SUSDIVIS1DNPOR A.DLSTANCB OF 301.17 FEET TO A'b41NCHIRON ROD FOUND MARKING THE MOST WESTERLY CORNER OF THIS FAT DESCRIBED TRACT, F0RRBFERENCE A3l1/NCHIR0NBDn FOUND MARICIIdGZHEWST CORNER 0: SAID 23366 ACRE TRACTBEARS: N4$' 26''0' W FORADISTANCB OF744,04 FEET FROM WHICH A'6 INCH IRON ROD FOUND MARKING THE NORM CORNER Ir SAID 25.566 ACRE TRACT BARS: N41 2*' 19' BFORA DISTANCE OF 1500,06 FEET (ThLIS LINE WAS USED FOR BEARING ORIENTATION HONORING TEE DEED CALL BEARrNG OF SAID 25.566 TRACT, 3360/196) 17CRNCE: N04' 4716'BTHROUGH SAID 25,566 ACRE TRACTPORARDISTANCE OF 29472 FEET TO A ti INCHIRONRC0 FOUND MARXING AN AN POINTrI HENORTEWEST LINE 0? TEAS HERRN =C BED TBACI; THENCE: N 41' 40' 27' B CONTINUING SOUGH SAID 25.556 ACRE TRACT FOR A DISTANCE OF213.94 PEEITOA %INCEIRONRODFOT.JND MA 51m1TGANINIERIORFAST CORNER OF SAID 25.566 ACRE TRACT AND AN ECIEB10R WSST CORNER OF LOT 1, BLOCK TEE GATEWAY, ACCORDINGTO THEIRATRECORDEDINVOLVME3663,P.AGE 313 OF TIE OFFICIAL PUBLIC RECORDS OF BRAZOS CoUNtY, TEXAS; ' THENCE: S 48' 21' 09' E ALONG E Ca ION LINE OF SAID 25.566 ACRE TRACT AND m GATPWAY FOR A DISTANCE OF 7ZF EETTOAl4INCHIRONRODPOUIDONTHE NORTIIWESTIINE OPUNTV1IItffiY DRIVE MARX0i0 THE SOXTIIEAST CORNER OF SAID EXHIBIT i 47), 25.566 ACBB nACr ACID ?$S scars CORNER OF LOT i DLO= 1, urs GATEWAY Disni TEENCZ: c B c 1tn.O s us• oar 43 W AI.OrIQ CONCRBIE ISO DWAY MA IFO' D�ANC ? TO G ANANGLIN: TMsAIDL . =Nag zvar W CONIINU1NG A aaxaRT:OW lam OF UNIVERSITY =TAM= DBIVEFOR A DISTANCE OF 413.95FEST To ME kit ., 3.69 ACRFS OF LAND, MO= CYISS& AS SURVEYED ON ' MOUND 2 0 0 2 - SEEPIATPREPABID S TIM= 200ZFoRmoninsICB8+TrV8 = *x*B�C�eao��oa�. �.. 0.h'; LAND $t>&VBYmINQ 4Sta Pr 11 D' 60311AB +