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HomeMy WebLinkAboutApplication (11-211) i a "° , , FOR OFFICE USE ONLY CASE NO.: '1 DATE SUBMITTED: 1 d "3 ° 1 TIME: it. CITY OF COLLEGE STATION Home of Texas A&M University° STAFF: ABANDONMENT OF PUBLIC RIGHT-OF-WA/EASEMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: © $700 Abandonment of Public Right -of -Way /Easement Application Fee. © 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). © 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. El For unplatted property, a signed, sealed and dated metes and bounds description and a diagram of the property showing the location of the abandonment. ❑ 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): A portion of the Old Arrington Road right -of -way as shown in Exhibit 1, being further described as a 1.18 acre tract out of the Augustus Babille Survey, A -75, S.W. Robertson League, A -202, College Station, Brazos County, Texas APPLICANT /PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name CapRock Texas, Jesse Durden E -mail lesse.durden @caprocktx.com Street Address 110 Lincoln Avenue, Ste. 103 City College Station State TX Zip Code 77840 Phone Number 979- 307 -0321 Fax Number 979- 314 -7606 PROPERTY OWNER'S INFORMATION (ALL owners must be identified. Please attach an additional sheet for multiple owners): Name Brazos Texas Land Development, LLC E -mail Street Address: 1203 University Drive East City College Station State TX Zip Code 77840 Phone Number 979-307 -0321 Fax Number 979 -314 -7606 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 attor - ,. the owner is a company, the application must be accompanied by proof of authority for •. -_ .>mp: '. 4' .resent. to < gn the application on its behalf. -- — - — I 1• Signature and title Date AtAliA 15MAit i OI , 10/10 Page 1 of 8 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) Name None E -mail Street Address City State Zip Code Reason consent was not obtained: If objecting, points of objection: Name E -mail Street Address City State Zip Code Reason consent was not obtained: If objecting, points of objection: Name E -mail Street Address City State Zip Code Reason consent was not obtained: If objecting, points of objection: 10/10 Page 2 of 8 7. That the abandonment will not result in property that does not have access to public roadways or utilities because: Owner has title to immediately adjacent properties where access to public roadways and utilities can be achieved. 8. That there is no current public need or use for the easement or right -of -way because: Owner constructed "new" Arrington Road at the City's request to alleviate traffic congestion at the Old Arrington and SH 40 intersection. 9. That there is no anticipated future public need or use for the easement or right -of -way because: Owner constructed "new" Arrington Road at the City's request and Owner will provide internal circulation to the development through the construction of private, shared access drives. 10. That all public utilities have access to serve current and future customers because: An easement dedication is being submitted concurrently with this ROW abandonment application. 11. Such public right -of- way /easement has been and is being used as follows: The ROW is rarely used as the "new" Arrington Road serves as the main connector to SH 40. I swear that all of the information contai =d in this a t plication is true and correct to the best of my knowledge and belief. ® ✓, r . mil Signature and title Date S 1SO43 AtL, r), _,_. STATE OF TEXAS § § ACKNOWLEDGEMENT COUTY OF BRAZOS § S bscqed and sworn to before me, a Notary Public, this day of 2009 by 1,41 1 A 2 2 Jffi/ 29 2 j Notary Pdblicjin n for °— the State Of-Texas 10/10 Page 3 of 8 Application for Abandonment of a Public Right-of-Way/Easement Location: Old Arrington Road, City of College Station, Texas EXHIBIT NO, 1 Attached is a sealed copy of the metes and bounds description of the public right-of-way/easement situated in the Augustus Babille Survey, A-75, S.W. Robertson Leaque, A-202 Addition/Subdivision to the City of College Station, Brazos County, Texas, sought to be abandoned. 10/10 Page 4 of 8 N W J U O �o xz L�o ZO Oz �o !jz nm amp X) o U O ZO N Z h mam Nz jNq wam 3oM o � m�J�W•- 3,gqqn�J. wGz 0;5 W �mypj fZ F � J wm U W InO mZa Q400 Imo m�ooa 81 �m L2 ON �m5 0 Z JUJ J U K F- WLd L,0) OaU OQN 4 W M 0_�jLqM 0] O to OD 3 „££,ZZ.Z0 S U O W Q = Of F- Q Z N Lo W Co O cr. M 3 3 3 w w 3 U' iD r 01 •N N O, Z N Yl M M z z z z N m Z r ^ N V a! N a m m 0 J J ry J M J J V J J F Wo xz zo mo o m O Z Q - W W I-gw^ 0_ U 09 Q 9 m 0U)W 11 xz ZiV ZOZ-V '319V31 NOS183GMi 'M 'S \o M m ,L6'bLb 3 „Ll,SIZ.ZO S N � �m j JOVSI 3HOY 91,1 3N11 31DV31 d0 NOI1tl001 31tlYVIX011ddtl — ,— — — — — — — — — — — — —' — -- ------------------- bti'964 M „t2,(ZS.Z0 N ,OZ'LZZ 3 „91,£9.00 N yh1 21'29 �0 z gm U n� a SL-V '),3MI-IS 31118V9 snis 1Of1V G• N �5 �n 9 W � 0 ~ J d F ¢ I � J tton U Z F KU22 Q ¢%- 7 W zz 300 Wx QUQ' Op IN�zz ¢zn�l N LL,cj� x(n wM N LLJ UU JN QO--Z mvg� N i� < 2: < yW} �m..Q WO O i W Q Oo o DoO DoZ> Q m Q y F fZ -D zzLL. ZQ pa mxz o� o amrn,z wo OQa U/mLLJ 0� w a0w gma x Do W O Q WE:DOQ(f) m rc g ?i W O Q � W otz- RONALD CALVIN 2.445 ACRE TRACT 9338/178 OLD ARRINGTON ROAD J 5/8 INCH IRON ROD — FOUND BEARS: S 02'53'34" E 1065.79' 11 T. - K 0 F } O ova On a91, 3 KOOK Li zQ W O ` � W LU KJLd H0- aW mrYr//,�i� 96 �5'! oz O��N Oplo� mm Q ry S1�AAa�10 n�w�� Zm ox>o "V �Z Clw m�NW mo wz/ m w z ry" Z zw Zpi-w �yA O W UE aNZp UO • m m �'ma oa mm� zpm Qg NOZ QO METES AND BOUNDS DESCRIPTION OF A 1.18 ACRE TRACT AUGUSTUS BABILLE SURVEY, A-75 S. W. ROBERTSON LEAGUE, A-202 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE AUGUSTUS BABILLE SURVEY, ABSTRACT NO. 75, AND THE S. W. ROBERTSON LEAGUE, ABSTRACT NO. 202, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF OLD ARRINGTON ROAD AND APPEARING TO BE A PORTION OF THE REMAINDER OF A CALLED 100 ACRE TRACT AS DESCRIBED BY A DEED TO MILTON D. WILLIAMS RECORDED IN VOLUME 277, PAGE 389 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND A PORTION OF THE REMAINDER OF A CALLED 185.2 ACRE TRACT AS DESCRIBED BY A DEED TO J. H. BINNEY AND LLOYD D. SMITH RECORDED IN VOLUME 103, PAGE 444 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 518 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF W. D. FITCH PARKWAY (VARIABLE WIDTH R.O.W.) MARKING THE NORTHWEST CORNER OF A CALLED 5.53 ACRE TRACT AS DESCRIBED BY A DEED TO BRAZOS TEXAS LAND DEVELOPMENT, LLC RECORDED IN VOLUME 8361, PAGE 279 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 02° 22' 33" E ALONG THE WEST LINE OF SAID 5.53 ACRE TRACT, SAME BEING CALLED THE EAST LINE OF OLD ARRINGTON ROAD, FOR A DISTANCE OF 525.05 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE SOUTHWEST CORNER OF SAID 5.53 ACRE TRACT AND THE NORTHWEST CORNER OF A CALLED 5.46 ACRE TRACT AS DESCRIBED BY SAID DEED TO BRAZOS TEXAS LAND DEVELOPMENT, LLC (8361/279); THENCE: S 02° 26' 17" E ALONG THE WEST LINE OF SAID 5.46 ACRE TRACT, SAME BEING CALLED THE EAST LINE OF OLD ARRINGTON ROAD, FOR A DISTANCE OF 474.97 FEET TO A''% INCH IRON ROD FOUND MARKING THE SOUTHWEST CORNER OF SAID 5.46 ACRE TRACT AND THE NORTHWEST CORNEROF A CALLED 2.445 ACRE TRACT AS DESCRIBED BY A DEED TO RONALD CALVIN RECORDED IN VOLUME 9338, PAGE 178 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A YY INCH IRON RODFOUND MARKING THENORTHEAST CORNER OF SAID 2.445 ACRE TRACT BEARS: S 81' 04' 26" E FOR A DISTANCE OF 448.40 FEET; THENCE: N 81 °04' 26" W THROUGH OLD ARRINGTON ROAD AND ALONG THE EXTENSION OF THE COMMON LINE OF SAID 5.46 ACRE TRACT AND SAID 2.445 ACRE TRACT FOR A DISTANCE OF 54.71 FEET TO THE EAST LINE OF A CALLED 22.565 ACRE TRACT AS DESCRIBED BY SAID DEED TO BRAZOS TEXAS LAND DEVELOPMENT, LLC (8361/279), SAME BEING CALLED THE WEST LINE OF OLD ARRINGTON ROAD, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE WEST LINE OF OLD ARRINGTON ROAD MARKING THE SOUTH CORNER OF SAID 22.565 ACRE TRACT BEARS: S 02 °53' 34" E FOR A DISTANCE OF 1065.79 FEET; THENCE: N 02 °53' 34" W ALONG THE EAST LINE OF SAID 22.565 ACRE TRACT, SAME BEING CALLED THE WEST LINE OF OLD ARRINGTON ROAD, FOR A DISTANCE OF 555.44 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE SOUTH CORNER OF THE REMAINDER OF A CALLED 0.5187 ACRE TRACT AS DESCRIBED BYA DEED TO THE STATE OF TEXAS RECORDED IN VOLUME 863, PAGE 231 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 00' 53' 16" E CONTINUING ALONG THE CALLED WEST LINE OF OLD ARRINGTON ROAD FOR A DISTANCE OF 227.20 FEET TO A CONCRETE RIGHT-OF-WAY MARKER FOUND MARKING A COMMON CORNER OF SAID REMAINDER OF 0.5187 ACRE TRACT AND A CALLED 0.187 ACRE TRACT AS DESCRIBED BY A LEASE TO THE VOLUNTEER FIRE DEPARTMENT, PRECINCT 1, RECORDED IN VOLUME 478, PAGE 86 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 00 058' 34" W ALONG THE EAST LINE OF SAID0.187 ACRE TRACT FORA DISTANCE OF 145.14 FEET TOA TXDOT BRASS DISC FOUND MARKING THE NORTHEAST CORNER OF SAID 0.187 ACRE TRACT AND THE SOUTHEAST CORNER OF A CALLED 0.029 ACRE TRACT AS DESCRIBED BY A DEED TO WELLBORN SPECIAL UTILITY DISTRICT RECORDED IN VOLUME 3991, PAGE 197 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N O1 ° 10' S9" W ALONG THE EAST LINE OF SAID 0.029 ACRE TRACT FORA DISTANCE OF 44.25 FEET TOA 5/8 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF W. D. FITCH PARKWAY MARKING THE NORTH CORNER OF SAID 0.029 ACRE TRACT; THENCE: N 64° 08' 38" E ALONG THE SOUTHEAST LINE OF W. D. FITCH PARKWAY FORA DISTANCE OF 44.42 FEET TO THE POINT OF BEGINNING CONTAINING 1.18 ACRES OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. SEE PLAT PREPARED OCTOBER 2011 FOR MOFADESCRIPTIVE INFORMATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/ W ORK/MAB/1 I-560A.MAB Application for Abandonment of a Public Right-of-Way/Easement Location; Old Arrington Road, College Station, Texas 14A:1L311iL! 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. SAMV t15 EkNi6i7 1. 10110 Page 5 of 8 Application for Abandonment of a Public Right-of-Way/Easement Location: Old Ardnglon Road, College StOUGA TWOS 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-waylutilily 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: - _ Title: 1 c _ VERIZON TELEPHONE COMPANY By: Title: SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: Title: t 0/ta Page s of 8 Application for Abandonment of a Public Right-of-Way/Easement Location: Old Arrington Road, College Station, Texas 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: Title: VERIZON TELEPHONE COMPANY By: Title: SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: Title: It is hereby made known that Verizon consents to the abandonment of the portion of Old Arrington Road right-of-way shown in Exhibit 1 subject to the granting of a public utility easement in the same area as described on Exhibit 1. The new public utility easement will be dedicated by separate instrument and incorporated onto the plat of the property. Verizon will not be required to relocate any existing facilities due to this abandonment. If relocation of Verizon's utilities quired because of this abandon- ment, the cost of the relocation s all be me by Brazos Texas Land Devel- Page 6 of 6 Signed: Salim M. Ismail, Director, Brazos Texas Land Development, LLC Application for Abandonment of a public Rlght-of-WaylEasement Location: Old Arrington Road, Col eve Sfaflon. Texas XHIBIT N91-3 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: Title: VERIZON TELEPHONE COMPANY By: n'a Title: e LAA_ C SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: Title: It is hereby made known that Verrizon consents to the abandonment of the portion of Old Arrington Road right-of-way shown in Exhibit I subject to the granting of a public utility easement in the same area as described on Exhibit 1. The new public utility easement will be dedicated by separate instrument and incorporated onto the plat of the property. Verizon will not be required to relocate any existing facilities due to this abandonment. If -relocation of Verl.zon's utilities quired because of this abandon- ment, the cost of the relocations all be Pbrne by Brazos Texas Land Devel- Page 6 of 8 signed: Salim M. Ismail, Director, Brazos Texas Land Development, LLC Application for Abandonment of a Public Right-of-Way/Easement Locations Old Arrington Road, College station, Texas 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: Title: VERIZON TELEPHONE COMPANY By: Title: SUDDENLINK COMMUNICATIONS By _ �d BRYAN TEXAS UTILITIES By: Title: rono Page 6 of 8 Application for Abandonment of a Public Right-of-Way/Easement Location: Old Arrington Road, College Station, Texas 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: Title: VERIZON TELEPHONE COMPANY By: Title: SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: :� Title: _ (�k qqi ..._.. 10110 Page 6 of 8 Application for Abandonment of a Public Right-of-Way/Easement Location: Old Arrington Road, College Station, Texas 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. gify ngineer 'City of Colleg Station Zoning Official City of College Station Electric Department City of College Station Building Official City of College Station Fire Marshal City of College Station Water Services Department City of College Station 10/10 Page 7 of 8 O1/17/2012 10:49 FAX 9797643403 COLLEGE-STATION-PD [a 001/001 Applicelton for Abandonment of a Publt, Right-of-Way/Easement Locatio r. Old Arrington Road, College Station, Texas EXHIBIT NO, The undersigned, City staff of the City of College Statics, 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 ordina ices and with rasped to present and future needs of the City of College Station and see no objection to the requei.led abandonment from the City's standpoint. City Engineer Building Official City of College Station City of College Station Zoning Official Fire City of College Station City of College Station fIec%i Department City of College Station r Services Department City of College Station 10110 Paso 7 of a 01/27/2012 15:09 9797643t�52 COLLEGE STATION UTIL PAGE 01/01 i I Application for Abandonment of a Public Right-of-Way/Easement Location: Old Arrington Road, College Station, Texas The undersigned, City Staff of the City of College Station, certify that they have carefully oonsidered the Application for Abandonment of the public right-of-way/easement referred to above from the standpoint of City of Collage Station ordinances and with respect to present and future needs of the City of College Station and see no objectlon to the requested abandonment from the City's standpoint. City Engineer City of Collega Station Zoning Official City of College Station Building official City of College Station Fire Marsha City of College Station 4Cleaerntattlon tiyi'"� Water Services ©apartmentCi City of College Station 10110 Page 7 of 8 Application for Abandonment of a Public Right-of-WaylEasement Location: Old AiringlonRoad. College Sfailon, Texas Ex¢flBIT_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 wayloascment referred to above from the standpoint of City of College Station ordinances and with respect to prosont and future needs of the City of College Station and sea no objection to the requested nbandonrnent from the City`e siandpoial, City Engineer City of College Station Zoning O(tu.ial City of College 5tatmil 131ectrir. Department City of College Station Building Official City of College Station tiro fiAarshal City of College Station Water ServIcLs Department City of College Station mti o Page 7 of 13 Application for Abandonment of a Public Right-of-Way/Easement _ Location: Old Arrington Road, College Station, Texas EXHt@)7 ND. 5 The undersigned, owners of property abutting upon that portion of the public right-of-way/easemont 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: 6- W. �(g l R•T � '�- !lC •I� .. L'� i �-„�"'v" � f i" �".LnL I rt C.P z'„ NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: 10110 Print Farm Pages of 8 TEXAS COMMITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date: October 23, 2011 at 8:00 a.m. Commitment issued November 8, 2011, 8:00 a.m. 1. The policy or policies to be issued are: (a) OWNER POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one -to -four family residential real estate) Policy Amount: $ PROPOSEDINSURED: (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE - ONE -TO -FOUR FAMILY RESIDENCES (Form T-I R) Policy Amount: $ PROPOSED INSURED: (c) MORTGAGEE POLICY OF TITLE INSURANCE (FORM T-2) Policy Amount: $TO BE DETERMINED PROPOSEDINSURED: Proposed Borrower: Brazos Texas Land Development, LLC (d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY (Form T-2R) Policy Amount: $ PROPOSEDINSURED: Proposed Borrower: GF No.00113764 (e) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) Binder Amount: $ PROPOSEDINSURED: (f) OTHER: Proposed Borrower: Policy Amount: $ PROPOSED INSURED: ,2. The interest in the land covered by this Commitment is: Fee simple 3. Record Title to the land on the Effective Date appears to be vested in: Brazos Texas Land Development, LLC, subject to Schedule "C" requirement herein University'ritle Company First American Title Insurance Company Texas Commitment T-7 (Rev. 1-1-93) - Schedule A Valid Only if Schedule B, C, D and Cover are attached SCHEDULE A - continued GF No. 00113764 4. Legal description of land: See Exhibit A attached hereto and made a part hereof. SCHEDULE B OF No. 00113764 EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and expenses resulting from: I. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this exception): Item No. 1, Schedule B, is hereby deleted. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, 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 line of the harbor or bulkhead lines as established or changed by any government, or c. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 2012, and subsequent years, 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 exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short Form Residential Mortgagee Policy (T-2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the year and subsequent years.") 6. The terms and conditions of the documents creating your interest in the land. 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner.(Applies to the Mortgagee Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage.(Applies to Mortgagee Policy T-2 only.) 9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Mortgagee Policy (T-2R). (Applies to Texas Short Form Residential Mortgagee Policy (T-2R) only. Separate University Title Company First American Title Insurance Company Texas Commitment T-7 (Rev. 1-1-93) - Schedule B Valid Only if Schedule A, C, D and Cover are attached SCHEDULE B - continued GF No. 00113764 exceptions I through 8 of this Schedule B do not apply to the Texas Short Form Residential Mortgagee Policy (T- 2R). 10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception): a. Rights of Parties in Possession. (OWNER POLICY ONLY) b. "All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed herein." (LENDER'S POLICY ONLY) c. Visible and apparent easements. d. Portion of the property within any roadway. e. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting title that would be disclosed by an accurate and complete land survey of the land. f. Blanket Easement: From: J. D. Williams, Jr., et ux To: City of Bryan Dated: January 31, 1950 Recorded: Volume 141, Page 481, Deed Records, Brazos County, Texas. g. Blanket Easement From: Mrs. J. D. Williams To: Wellborn Water Supply Corporation Dated: September 30,1968 Recorded: Volume 273, Page 408, Deed Records, Brazos County, Texas. h. Mineral Reservation in Deed By: Ed S. Wickes, et al To: J. E. Marsh Dated: April 28,1940 Recorded: Volume 103, Page 279, Deed Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. I. Oil and Gas Lease, and all terms, conditions and stipulations therein: Lessor: Myrtle Elizabeth Williams, et al Lessee: Grand Energy, Inc. Dated: September 16, 1998 Recorded: Volume 3258, Page 130, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. SCHEDULE C GF No, 00113764 Your policy will not cover loss, costs, attorney's fees, and expenses resulting fi-om the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, all standby fees, taxes, assessments and charges against the property have been paid, all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub -contractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, there is legal right of access to and from the land, (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is tiled after the effective date of this Commitment. 5. Item No. 2 of Schedule B hereof shall be amended to read "shortages in area", upon our receipt of an acceptable survey. (As to Mortgagee Policy Only) 6. Item No. 5 of Schedule B hereof shall be amended to read "standby fees, taxes and assessments by any taxing authority for the year 2012 and subsequent years, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year.", upon payment of applicable premium. (As to Mortgagee Policy T-2 Only) (If Texas Short Form Residential Mortgagee Policy (T-2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the year and subsequent years.") 7. If requested in lenders closing instructions and all of out, underwriting requirements are satisfied, we will issue the T17 & T19 Endorsements, upon payment of any applicable premiums. (As to Mortgagee Policy Only) 8. If requested in lenders closing instructions and upon payment of applicable premium, we will issue the T-53 Texas Limited Coverage Residential Chain of Title Policy. 9. We will require an Affidavit as to Debts and Liens be signed and the original provided to us prior to issuance of any title policies. 10. We will require a Waiver of Inspection (Rights of Parties in Possession) be signed by the Purchaser and the original provided to us prior to issuance of any title policies. University Title Company First American Title Insurance Company Texas Commitment T-7 (Rev. 1-1-93) - Schedule C Valid Only if Schedule A, B, D and Cover are attached SCHEDULE C - continued GF No.00113764 11. We will require an original Tax Certificate be provided, showing all taxes paid current, prior to issuance of any title policies. (If this transaction is not closing in our office, let us know if we need to order the tax certificate.) 12. ARBITRATION: The Owner Policy of Title Insurance (Form T-1) and the Mortgagee Policy of Title Insurance (Form T-2) contain an arbitration provision. It allows the Insured or the Company to require arbitration if the amount of insurance is $2,000,000 or less. If the Insured wants to retain the right to sue the Company in case of a dispute over a claim, the Insured must request deletion of the arbitration provision before the Policy is issued. The Insured may do this by signing the Deletion of Arbitration Provision form and returning it to the Company at or before the closing of the real estate transaction or by writing to the Company. NOTE 1: If you are the lender in the transaction and desire deletion of the Arbitration Provision , please inform us through your loan closing instructions. NOTE 2: This does not apply to Texas Residential Owner Policy of Title Insurance - One to Four Family Residences. If you are the purchasers of non-residential property and desire the deletion of the Arbitration Provision, a form will be presented to you at closing for execution. 13. if subject transaction will utilize a prior survey, we will require a full size, legible copy of said survey, with the surveyor's field notes, if any. Upon receipt of the existing survey, we reserve the right to determine whether said survey is acceptable for insuring purposes according to our underwriter guidelines. NOTE: While a survey may be acceptable for insuring purposes, all surveys are subject to final approval by lender. 14, Require conveyance of subject property to Brazos Texas Land Development, LLC by City of College Station as Successor by Annexation to Brazos County, Texas. University Title Company By: Authorized Countersignahire (lelhdo SCHEDULED GF No, 00113764 The following disclosures are made pursuant to Procedural Rule P-21, promulgated by the Texas Department of Insurance: 1. UNDERWRITER: First American Title Insurance Company, a California corporation. Shareholder owning or controlling, directly or indirectly, ten percent or more of the shares of the Underwriter: First American Title Insurance Company is a wholly owned subsidiary of First American Financial Corporation, a public company formed in Delaware. Directors: Dennis J. Gilmore, Mark J. Harmsworth, Parker S. Kennedy, Jeffrey S. Robinson and Timothy V. Kemp Officers: President: Dennis J. Gilmore; Executive Vice President, Chief Financial Officer: Mark J. Harmsworth; Vice President, Secretary: Timothy V. Kemp; and Executive Vice President, Business Director: John M. Hollenbeck. 2. AGENT: UNIVERSITY TITLE COMPANY a. Shareholder, owner, partner or other person having, owning or controlling one percent (1%) or more of the'ritle Insurance Agent that: Celia Goode -Haddock William C. Lipsey Michael R. Hoelscher Karen McCarroll b. Shareholder, owner, partner or other person having, owning or controlling ten percent (10%) or more of an entity that has, owns or controls one percent (1 %) or more of the Title Insurance Agent: not applicable c. The following persons are officers and directors of the Title Insurance Agent: Officers Directors Chairman/CEO - Celia Goode -Haddock Celia Goode -Haddock President/COO - Karen McCarroll Michael R. Hoelscher Senior Vice President - Joseph Poteet William C. Lipsey Vice President - Michael R. Hoelscher Karen McCarroll Secretary/Treasurer- William C. Lipsey Joseph Poteet 3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving a portion of the premium from the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated title premium* is: Owner's Policy $ Loan Policy $ Endorsement Charges $ Other $ Total $ 0.00 Of this total amount: $ or 15.00°/a will be paid to the policy issuing Title Insurance Company: $ or 85.00% will be retained by the issuing Title Insurance Agent, and the remainder of the estimated premium will be paid to other parties as follows: Amount To Whom For Services * The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the Commissioner of Insurance. Exhibit A Metes and bounds description of all that certain tract or parcel of hind lying and being. situated in the Augustus Babille Survey, Abstract No. 7.5, and die S. W. Robertson League, Abstract No. 202, College Station, Brazos County, Texas. Said tract being a portion of Old Arrington Road and appearing to be a portion of the remainder of a ca0ed 100 acre hi ct, as described by a Deed to Milton D. Williams recorcled in Volume 277, Page 389 of the Deed Records of Brazos County, Texas, and a portion of the remainder of a called 18,U acre tract as described by a Dad to J. H. Money and Lloyd D. Smith recorded in Volume 103, Page 444 of the Deed Records of Brazos County, Texas. Said tract being more parficulmiy described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found on the Southeast line of W. D. Fitch Parkway (variable width R.O.W.) marking the Northwest comer of a called 5.53 acre tract as described by a Deed to BrrzosTexas land Development, LLC recorded in Volume 8361, Page 279 of theOtficial Public Records of Brazos County, Texas; T H E N C E: S 020 22' 33" E along the West line of said 5.53 acre tract, same being called the East line of Old Arrington Road, for a distance of 52505 feet to a 5B inch iron rod found marking tie Southwest corner of said 553 acre tract and the Northwest corner of a called SA6 acre tract as described by said Deed to Brazos Texas Land Development, LLC (8361/279); THENCE: S 02' 26' 17" E along the West line of said 5.46 acre tract, same being called the Fast line of Oil Arrington Road; for a distance of 474.97 feet to a 314 inch iron ttxl found marking the Southwest comerofsaid S46 acre tract and the Northwest comer of a ailed 2.445 acre tract as describe() by a Dead to Ronald Calvin recorded in Volume 9338, Page 178 of die Official Public Records of Brazos County, Texas, for reference a 1/2 inch iron rod found maddng the Northeast corner of said 2.445 acre tract bears: S 810 04' 35" E for a distance of 448.40 feet; THENCE: N 810 04' 26" W though Old Arrington Road and along die extension of the common fineofsaid 5.46 acre tract and said 1445 acre tract for a distance of 54.71 feet to die East line of a called 22.565 acre tract as described by said Deed to Brazos Texas Land Development, LLC (8361279), same being called the Wes(line of Oki Arington Road, for reference a 5/8 inch. iron mtl farad on the West fine of Oil Arrington Road marking the South comer of said 22.565 acre tract bears: S 02 "53' 34" E for a distance of /065.79 feet; THENCE: N 02° 53' 34" W along the East fine of said 22,565 acre tract, same being called the West fine of Old Ani» gton Road, fora distance of 555.44 feet to a 5A inch iron rod found marking the South corner of the remainder of a riled 05187 acre tract as described by a Deed to the State of Texas recorded in Volume 863; Page 231 of the Official Records of Brazos County, "Texas; THENCE: N OD0 53' 16" E continuing along the called West dine of Old Arrington Road for a distance of 227,20 feet to a concrete right-of-way marker found marking a common corner of said remainder of 0.5187 acre tract and a culled 0.187 acre tract as t1mribe d by it lease to tie Volunteer Fire Department, Precinct 1, recorded in Volume 478, Page 80 of the Deed Recants of Brazos County, Texas; THENCE: N O00 58' 34" W along the East line of saki 0,187 acre tract for a distance of 145.14 fee t to a TXDOT Brass Disc found making the Northeast carver of said 0,187 acre tract and the Southeast comer of a called 0.029 acre tract as described by a Deed to Wellborn Special Utility District recorded in Volume 3991, Page 197 of the Official Public Records of Brazos County, Texas; THENCE: N 010 10' 59" W along the East dine of said 0.029 acre tract for a distance of 44.25 feet to a 5/8 inch iron rod found or the Southeast line of W. D. Fitch Parkway marking the North corner of said 0.029 acre tract; THENCE; N 640 08' 38" E along the Southeast tine of W. D. Fitch Parkway for a distance of 44A2 feet to the POINT OF BEGINNING containing 1.18 acres of land, more or less, as surveyed on the ground. beating system shown herein is based on grid North as established from GPS observation, see plat prepared October, 2011 for more descriptive information. NOTE: The Company is prohibited 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 is 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 R hereof. m W p'F 3 wwz M:rz 0 2Jw,, z0a z e OJ rom KNW �a� = mom 3 b oz m=O WW Uw o< om L2 U N O Z X z 1-�Ofr a-U � o>0a (y W In OIQi[]N ,SO'SZS 3 „MZZ.Z0 S 1DV& 3NOV 9Vl 31,111 300tl31 30 1,10I0001 31tlWIXOdddtl - ,- - .- - - - - — — — — — — — — - - ,OZ'LZZ 3 „9LX9.00 N F z U PG.pyG N 215g 10 zo ¢ W SL-V ',13�2Jf1S 31118V8 Sf11Sf19f1V U 1- 3 3 3 w w 3 U' Z N M N M M .- Q d' W O of of N O N O p Ul i z z z N N w _ U ' N Q r N Y 0 fV N a < N N El w Z J J J J J J z 0 O sz U= zo 0 Z w� D U o 0Q� NN W> O 0 W tco m 0 co z xm sz U =O ZOZ-V 3noV3-1 NOS1839M 'M 'S \o M K ,L6'VLb 3 „LL,9Z.ZO S A 0 30 9O� fy 6SFZU. �x 0 i w oz ay �� J �m O xJJW - J D: �o a N K Of J O 00 rn W Z -') Mil, r L OfN X r W w N 04 ~ w O g <I a 0 FU QZ } U mQ �Q[2 W W'=O m ZF �I->:3 3 �~ �U p lumimo ¢zm"' Ow :DW LCLCID MINI-J�nO (� W O H I Z N Q N nW ¢OJ 00 JU m U�WmE W YFIIFJJm Z > ti Q J ��' QE- .-�OZZ I- }Z6w `o< ZO<D30'Z vlr ON moo a Wo maw <m wo OQa VImH a�ow W sa m W m W O a v < rcw ooz L-(~/1 m w Z a W Q (A LL 1 ot-G RONALD CALMN 2.445 ACRE TRACT 9338/178 OLD ARRINGTON ROAD ----------_- 5/8 INCH IRON ROD FOUND BEARS: S 02'53'34" E 1065.79' w w F z wa �J a zM x O W W 00 3 o mo us o� w Z w 2O WON NZ UO J O W N CwQ z 0 mmw O w l-O ¢w� uwio? mm� METES AND BOUNDS DESCRIPTION OF A 1.18 ACRE TRACT' AUGUSTUS BABILLE SURVEY, A-75 S. W. ROBERTSON LEAGUE, A-202 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE AUGUSTUS BABILLE SURVEY, ABSTRACT NO. 75, AND THE S. W. ROBERTSON LEAGUE, ABSTRACT NO. 202, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF OLD ARRINGTON ROAD AND APPEARING TO BE A PORTION OF THE REMAINDER OF A CALLED 100 ACRE TRACT AS DESCRIBED BY A DEED TO MILTON D. WILLIAMS RECORDED IN VOLUME277, PAGE 389 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND A PORTION OF THE REMAINDER OF A CALLED 185.2 ACRE TRACT AS DESCRIBED BY A DEED TO S. H. BINNEY AND LLOYD D. SMITH RECORDED IN VOLUME 103, PAGE 444 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING AT A 518 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF W. D. FITCH PARKWAY (VARIABLE WIDTH RO. W.) MARKING THE NORTHWEST CORNER OF A CALLED 5.53 ACRE TRACT AS DESCRIBED BY A DEED TO BRAZOS TEXAS LAND DEVELOPMENT, LLC RECORDED IN VOLUME 8361, PAGE 279 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 02° 22' 33" E ALONG THE WEST LINE OF SAID 5.53 ACRE TRACT, SAME BEING CALLED THE EAST LINE OF OLD ARRINGTON ROAD, FOR A DISTANCE OF 525.05 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE SOUTHWEST CORNER OF SAID 5.53 ACRE TRACT AND THE NORTHWEST CORNER OF A CALLED 5.46 ACRE TRACT AS DESCRIBED BY SAID DEED TO BRAZOS TEXAS LAND DEVELOPMENT, LLC (8361/279); THENCE: S 02° 26' 17" E ALONG THE WEST LINE OF SAID 5.46 ACRE TRACT, SAME BEING CALLED THE EAST LINE OF OLD ARRINGTON ROAD, FOR A DISTANCE OF 474.97 FEET TO A % INCH IRON ROD FOUND MARK NG THE SOUTHWEST CORNER OF SAID 5.46 ACRE TRACT AND THE NORTHWEST CORNEROF A CALLED 2.445 ACRE TRACT AS DESCRIBED BY A DEED TO RONALD CALVIN RECORDED IN VOLUME 9338, PAGE 178 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A Y:INCH IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID 2.445 ACRE TRACT BEARS: S 81° 04' 26" E FOR A DISTANCE OF 448.40 FEET; THENCE: N 81 °04' 26" W THROUGH OLD ARRINGTON ROAD AND ALONG THE EXTENSION OF THE COMMON LINE OF SAID 5.46 ACRE TRACT AND SAID 2.445 ACRE TRACT FOR A DISTANCE OF 54.71 FEET TO THE EAST LINE OF A CALLED 22.565 ACRE TRACT AS DESCRIBED BY SAID DEED TO BRAZOS TEXAS LAND DEVELOPMENT, LLC (8361/279), SAME BEING CALLED THE WEST LINE OF OLD ARRINGTON ROAD, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE WEST LINE OF OLD ARRINGTON ROAD MARKING THE SOUTH CORNER OF SAID 22.565 ACRE TRACT BEARS: S 02 °53' 34" E FOR A DISTANCE OF 1065.79 FEET; THENCE: N 02 °53' 34" W ALONG THE EAST LINE OF SAID 22.565 ACRE TRACT, SAME BEING CALLED THE WEST LINE OF OLD ARRINGTON ROAD, FORA DISTANCE OF 555.44 FEET TO A 5/8 INCH IRONROD FOUND MARKING THE SOUTH CORNER OF THE REMAINDER OF A CALLED 0.5187 ACRE TRACT AS DESCRIBED BY A DEED TO THE STATE OF TEXAS RECORDED IN VOLUME 863, PAGE 231 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 00' 53' 16" E CONTINUING ALONG THE CALLED WEST LINE OF OLD ARRINGTON ROAD FOR A DISTANCE OF 227.20 FEET TO A CONCRETE RIGHT-OF-WAY MARKERFOUND MARKING A COMMON CORNER OF SAID REMAINDER OF 0.5187 ACRE TRACT AND A CALLED 0.187 ACRE TRACT AS DESCRIBED BY A LEASE TO THE VOLUNTEER FIRE DEPARTMENT, PRECINCT 1, RECORDED IN VOLUME 478, PAGE 86 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 00 °58' 34" W ALONG THE EAST LINE OF SAID 0,187 ACRE TRACT FORA DISTANCE OF 145.14 FEET TOA TXDOT BRASS DISC FOUND MARKING THE NORTHEAST CORNER OF SAID 0.187 ACRE TRACT AND THE SOUTHEAST CORNER OF A CALLED 0.029 ACRE TRACT AS DESCRIBED BY A DEED TO WELLBORN SPECIAL UTILITY DISTRICT RECORDED IN VOLUME 3991, PAGE 197 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 01 ° 10' 59" W ALONG THE EAST LINE OF SAID 0.029 ACRE TRACT FORA DISTANCE OF 44.25 FEET TO A 5/8 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF W. D. FITCH PARKWAY MARKING THENORTH CORNER OF SAID 0.029 ACRE TRACT; THENCE: N 64° 08' 38" E ALONG THE SOUTHEAST LINE OF W. D. FITCH PARKWAY FOR A DISTANCE OF 44.42 FEET TO THE POINT OF BEGINNING CONTAINING 1.18 ACRES OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND, BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. SEE PLAT PREPARED OCTOBER 2011 FOR M04� DESCRIPTIVE INFORMATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 ���'.�;.,4 ..� pp D:/WORK/MAB/11-560A.MAB ,o�,...�.-_ KERR ,. 450E EASEMENT APPLICATION To be filled in and submitted with construction plans and specigcaflons for preliminary review (Not to be used where City is purchasing property) THIS SECTION TO BE COMPLETED BY CITY STAFF z PROCESSED BY: Cl,t, Vb�'''l� DEPT.%' EXT. J5`10 REQUESTED BY: , DEPT\ T` .\ J. D _ P (r(U71�EX�T,,.� ACCOUNT NO, PROJECT NAME: OU iOY u PX (For ordering title work, appraisals, etc.) �yI PROJECT NO. I1✓ZJLI -Pf- , TYPE OF EASEMENT: lll1k Public Utilities (PUE) Temporary Blanket PUE LEGAL WAUT SENT (prior to building permit) Water Only SPECIAL INSTRUCTIONS: JAN 1 i -012 REVIEW AND APPROVAL REQUIRED/GIVEN BY THE FOLLOWING DEPARTMENTS: CITY OF Approval Required By: Electric Approval Given ByALLEGRiS T'ATION (please Initial) Water/WW (please Initial) Waler/WW Asst. City Engineer AssL City Engineer Public Works PPuublicCWorks METES & BOUNDS DESCRIPTION CHECKED FOR CLOSURE BY.4 (Cty Sta — Name/Dept.) THIS SECTION TO BE COMPLETED BY APPLICANT PROPERTY OWNER(S): Brazos Texas Land Development, LLC (Names must be exactly as they appear on the deed) ADDRESS: 1203 University Drive East PHONE NUMBER: 979-307-0321 College Station, TX 77840 ALL LENDERS (Please furnish copies of all lien documents): (Names and Addresses) IF OWNER IS A CORPORATION, PARTNERSHIP, OR JOINT VENTURE (also see #5 below): 1. State of Incorporation / Registration Texas 2. Partners' Names (if applicable) Salim Ismail and Shireen Ismail 3. Person Authorized to Sign Salim Ismail, Director (Name and Title) LEGAL DEPARTMENT MUST BE PROVIDED WITH THE FOLLOWING: (Please check Items that are attached) rX 1, A copy of a recent (within 90 days) deed or title Insurance policy showing lire names of the grantors / owners; and 2. For unplatted property, s signed, sealed and dated metes and bounds description and a diagram of the property showing the location of the easement; or r 3. For platted property, a copy of the plat showing the lot, block, subdivision, and recording Information. r 4. For blanket easements, a signed, sealed and dated metes and bounds description and a diagram of the property. FX 5. Corporate or partnership owners must furnish a copy of a corporate resolution or other proof of authority to sign on behalf of the corporation, partnership, or joint venture. r 6. Name, address and phone number of person who is to receive the easement and un responsible for getting It executed; Texas c/o Jesse Durden, 110 Lincoln Avenue, Ste, 103, College Station, TX 77840; 979-307-0321 Any land acqu s ron resu ng rom Gapital Improvementro ec s requires a mae mg with the legal vepaltment. bgsloRdeve_serlapplicadonakurrentiplanningleasementappllcadon,doc _ _ Prim corm Rev. 07-29-00 Exhibit A — Consent Form & Subject Area APPlcoWn rarAb.Wanmp4of a Puble RyhtCVA$YnEas=ment Lo ir. Ea;wA=c%g R.,d. Ca1'egc SYnfFo. Texas aTip* N Di0o-atl, a marof..mgrtt f0 pa Ulan th.:t PPNan tf iM FuNicrgltcbnBYfaeRemantnsrp9 artl AdS:ibed tn6orm"11b6 be Fivdanmeet or a FLQi: R'y'rcfAVxYeFaeersn: mfanctl m ebe e. ds hanWj coascN b auch aWn/.arrr_nt. NAME PDCREW NMAE ACDR[t& NANE'. APMEM tfWAE ACCRES& trv:c Fdni Fonn r+�4Yb 110 Lincoln Avenue, Suite 103 % College Stution,TX 77840 • 979.307X321 . Fax:979.314.7606 - www.caprocktx.com POINT OF BEGINNING9J�, 8/8 INC" IRON ROD FOUND I •%/C WELLBORN SUD 0.029 At— 3931/197 5/8 INCH IRON ROD FOUND 6 VOLUNTEER FlRE DEPT. PRO NT 1 ' 0.187 AC. 478/86 TmDT TXDOT BRASS rt� DISC DISC aCONCRUE ND OF -WAY Ab a o I o > �9 a �..0iSj ° I to AALLDLLLL MARKER L6 y l e) N I xa n BRAZOS TEXAS LAND N W DEVELOPMENT, LLC DINT F99R2• s�i,/y 5.53 ACRE TRACT BEGNNING I 83 1/279 Cq 110 Lincoln Avenue, Suite 103 , College Station, TX 77840 • 979.307.0321 a Fax: 979.314.7606 • ,v,v v.caprodax.com VOLUNTEER FIRE DEPL PRECINT 1 0.187 AC. 478/86 P Qe Exhibit B - Wellborn SUD Ouit Claim Area 5/8 INCH IRON ROD FOUND WEUEORN SUD I �k 0.029 AC. 3991/197 1 POINT OF BEGINNING INCH IRON FOUND 110 Lincoln Avenue, Suite 103 , College Station, TX 77840 ^ 979.307.0321 ^ Fax: 979.314.7606 uoucapwcklx.com �..."t " FOR OFRCEUSE ONLY e9 4* CASE NO.: DATESUBMNTEo: CITY OF COISEG8 STATION TIME: H—,, fr.A"Uwt V STAFF: ABANDONMENT OF PUBLIC RIGHT-OF-WAY/EASEMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: ❑x $700 Abandonment of Public Right-of-Way/Easement Application Fee. ❑x Application completed in full. This application form provided by the City of College Station must be used and may not be adjusted or aaerea. Please attach pages Ir admaonal Information Is provided. ❑X All exhibits processed (except for Exhibit No. 4, which will be processed by staff). ❑x 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. For unplatted property, a signed, sealed and dated metes and bounds description and a diagram of the property showing the location of the abandonment. ❑ For platted property, a copy of the plat showing the lot, block, subdivision, and recording information. APPLICANT/PROJECT MANAGER'S INFORMATION (Primary Contact for the project): Name CepRock Texas, Jesse Durden esse.durde E-mail rrQcaprockfx.cTim Street Address 110 Lincoln Avenue, Ste. 103 City College Station State TX Zip Code 77640 Phone Number 979-307--0321 Fax Number 979-314-7606 PROPERTY OWNER'S INFORMATION (ALL owners must be Identfied. Please attach an additional sheet for multiple owners): Name Brazos Taxes Land Development, LLC E-mail Street Address: 1203 University Drive East City College Station State 7x Zip Code 77840 Phone Number 979-307-0321 Fax Number 979-314-7606 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 10110 Page i or8 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 dghtvf-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 rightof- 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. S. 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) Name _ Street Address City Reason consent was not obtained: Name _ Street Address City Reason consent was not obtained: Name _ Street Address State State City State Reason consent was not obtained: f objecting, points of objection: E-mail E-mail Zip Code Code Zip Code 10110 Page Z of 8 7. That the abandonment will not result in property that does not have access to public roadways or utilities because: wner as t e o rmme rate y a lacen properhes w ere access to pu rc roa ways an u6 res can a ac reve . 8. That there is no current public need or use for the easement or right f-way because: Con 0Inter ectiruc a new mngton oa at the r s reques to a ewate ra rc Congestion at a mng on an fi 40 intersection. 9. That there is no anticipated future public need or use for the easement or right-of-way because: wnercronstmce new" mn on oa at a nys requestert wner— Prowl crrcuaron tof e evetopment throagh the Construction of private, shared access drives. 10. That all public utilities have access to serve current and future customers because: n easemen a rphon is using suvinmeo concurrently wi ..... ROW a an onment application. It. Such public right-of-way/easement has been and is being used as follows: e rs rare y use as t e nev n on oa sem0sasIftemain connec orto I'll 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 Date STATE OF TEXAS § COUTY OF BRAZOS § ACKNOWLEDGEMENT Subscribed and sworn to before me, a Notary Public, this day of 2009 by Notary Public in and for the State of Texas 10/10 Page 8 of 8 Application for Abandonment of a Public Right-of-Way/Easement Location: Old Ardngton Road, City of College Station, Texas EXHIBIT NO, i Attached Is a sealed copy of the metes and bounds description of the public right-of-wayleasement situated in Aomnontsubdlvision to the City of College Station, Brazos County, Texas, sought to be abandoned, 10110 Page a of $ Application for Abandonment of a Public Right-of-Way/Easement location: Old Arrington Road, College Station, Texas EXHIBIT NO.2 Attached is a copy of a plat or detailed sketch of the public rightrot wayleasement 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 dght-of-way/easement sought to be vacated is situated, and the addition or subdivision in which the portion of the public right-of-wayleasement sought to be abandoned is situated. Also, the names of record owners of the abutting lots are shown. 10/10 Page 8 of 8 Application for Abandonment of a Public Rightof-Way/Easement Location: Old Arrington Road, College Station, Texas 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 dghtof-way/utiilly 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: Title VERIZON TELEPHONE COMPANY By: Title: SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: Title: DT.LITY D'r I T .. .. . T. .. . ... .... ... .. . Byi Title: ... ..... . farla Page a of a Application for Abandonment of a Public Right-of-Way/Easement Location: Old Arrington Road, College Station, Texas EXHIBIT NQ,g The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public rightof-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 Citys standpoint. City Engineer City of College Station Zoning Official City of College Station Electric Department City of College Station Building Official City of College Station Fire Marshal City of College Station Water Services Department City of College Station tam Page T of 8 Application for Abandonment of a Public Right-of-Way/Easement Location: Old Arrington Road, College Station, Texas EXHIBIT NO. 5 The undersigned, owners of property abutting upon that portion of the public right-of-wayleasement named and described In the Application for Abandonment of a Public Right-of-WaylEasement referred to above, do hereby consent to such abandonment. NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: 10/1e Print Form Page s of s runvl ut 66 �o WROD BEGINNINGY01BORN SUD3991/ 9029 7 MUNORON Q G G! I CONCRETE RIGNFOF-WAY WMER FOOD SCALE: 1" = IO0' a O I L6a�� �Ra I I BRAZOS TEXAS LAND DEVELOPMENT, DINT OF -ac3�e I in LLC 553 ACRE TRACT EGINNING 4, I 8361/279 w MARKM RWWH-OF-WAY 2 i N h I N BINNEY JO H. AND LLOYD D. SMITH REM. 185.2 ACRE TRACT I 103/444 5/8 NCR IRO Iw ROD FOUND I� IH' FORMERLY MILTON D. WLLLIAMS I REM. 100 ACRE TRACT I$z 277/389 5/D NCR am I ROD FOUND v1 i I a I3 y c Irc BRAZOS TEXAS LAND lit v. DEVELOPMENT, LLC <. I a 5.46 ACRE TRACT y N I 8361/279 m J m Rt I < N Q M I W iV Z I N 0-- O¢ I y m I C BRAZOS TEXAS LAND I DEVELOPMENT. LLC I Gi 22565 ACRE TRACT 8361/279 I sm Nf:TE9 AND 60UNDS PREPARED OCrOB 2011 FOR MORE DESORIPRVE BaRIM St5IQ1 SHOWN HE m IS ED OWN QUO, mom ESTdHMSNm FROU DNE I DISTANCE I REARM L1 54.71' N 81'04'2V W L2 145.11V N OPSWW W 13 44.2.R' N 01-10.59, W L4 4MT N OTOBW E IS Imn. S 4718'35' E L6 502r S 8B'02Y9' W I i/2' W2 E FOUND 0` / 5 81'04'26' E - 418.b' m 1 LF 1 E; I � m�r• ' I z I O I� I LAND BOUNDARY SURVEY PLAT OF A 0.48 ACRE TRACT AND A 1.18 ACRE TRACT 1GUSTUS BABILLE SURVEY, A-75 W. ROBERTSON LEAGUE. A-202 LLC METES AND BOUNDS DESCRIPTION OFA 1.18 ACRE TRACT AUGUSTUS BABILLE SURVEY, A-15 S. W. ROBERTSON LEAGUE, A-202 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE AUGUSTUS BABILLE SURVEY, ABSTRACT NO. 75, AND THE S. W. ROBERTSON LEAGUE, ABSTRACT NO. 202, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF OLD ARRINGTON ROAD AND APPEARING TO BE APORTION OF THE REMAINDER OF A CALLED 100 ACRE TRACT AS DESCRIBED BY A, DEED TO MILTON D. WHIMS RECORDDINVOLUME277 .PAGE 3890F1TViDEDRECORDS OF YAEDTO J. BINNEYAND LLOYD D. SMITH REORDEDO INVOLUME 033,PAGE444 OF TILED EDRECOOR BYADRDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: LE BEGINNING � pW IAR, 'a THENORT HWESTCON THE ORNEROF AICALLD 5.5AST 3 ACRE TRACT ASDESCRIBAEDBYADED TO BRAZOS TEXAS LAND DEVELOPMENT,LLCRECORDDINVOLUME 361,PAGE2790F THEOFFICIALPUBLIC RECORDS OF BRAZOS COUNTY, TOALONG ISNCOf 50RArLINE OOLD ARRINGTON ROAD, AA DISTANCE 525 FEET TO 3 ACRE TRACT, IRON RODOUNDMARNGTHE SOUTHWEST CORNER S DESCRIBED By SAD) OF SAID 5.53 DEED TO BACRE RAZOSSTEXAS LANDUEVELOPMENTCT AND THE T, LLC(361/279)ALLD5.46ACRETRAC7' HE EAST LINE THENCE: SRI GT1 N ROAD, Hfi DIS,STTALN>C�'EE OF'4�97 FEET O A CINCH IRON ROD OUNDTMAU-LNG THE OF OLD EST CORON ROAD, SOUTHWEST CORNEROF SAID 5.46 ACRETRACT AND THENORTTIWESTCORNEROFACALLED 1445ACPETRACT AS DESCRIBEDBYADEDTORONALD CAL VO1T7ME9338,PAGE I MARMOTBENORTHBLTC RECORDSOF BRAZASCOUNTY,TEXAS, FORREFERENCEA%INCH IRONRO F S MARIOhGTHENORTIIFAST CORNEROF SAID 2.445 ACRETRACT BEARS: S 8 P 04' 26" E FOR ADLSTANCE OF 448.40 FEET; ONG OFSAAID 55.46ACRETEACT AND SAID 2.4455AACNRETRACTDFORA DISTANCE OF 54.ADAND 71EFEET TO THE PAST OFA CALLED 22565 ACRE TRACT AS DESCRIBED BY SAID DEED TO BRAZOS TEXAS LANDDEEVEFORREFECE AL.OPMEENHT, TIC (83611279), SAMEBEING CALLED THE WEST LINE OF OLD ARRINGTON ROAD , RON RODFOUND ONTHE WBSTLINE OF OLDARRINGTONROADMARKINGTHE SOUTHCORNER OF SA8522.56SACRE TRACT BEARS: S 02 °53' 34" EFORA DISTANCE OF 1065.79 FEET; THENCE: N 02 °53' 34" W ALONGTHE EAST LINE OF SAID 22.565 ACRE' RACT, SAMEBEING CALDT'HE WEST SOUTHCORNERO THENREMAINDEROP ACALLED 0SI87 ACRETRACT AS DE CRIBEDBYADBDTOTHESTATE OF TEXAS RECORDED IN VOLUME 963, PAGE231 OF THE OFFICIALRECORDS OF BRAZOS COUNTY, TEXAS; GTON ROAD FOP, A ED WEST LINE OLD DIISTANCEOF227.20 FEETTO A� ONCINRETERIGRT-OF-G ALONG THE WAYLMAVYEREOUNDMARIONGA COMMON CORNEROF SAID VOLUNTEER FRtE DEPART7MENT, PRECINCT 1,ACRSTRAcr ANDARECORDED IN VOLUME478, PAGE 86 OF0'D DEDED ERECORDS OF THE BRAZOS COUNTY,'TEXAS; 'TSmOT BRASSSDI C FOUND NMARIONGTLINSOF SAID THE NORTHEAST7CORNEA OF SAID 0197 ACRE TRACT AND THE SOUTHEAST TILU ITTY DIBTRICT RECORDED IN VOLUME 3991, TRACT 197 OF THE OFFICIAL. PUBLIC RECORDRIBED BY A DEED TO S OF BRAZOS 1 SYKV095 1I/SVMT90AVa towoNlIO.SHAIIOS ONV7 1VNOISSHdOlId O3HH1S103H IMN OtlHS 'NOIiVY3HO3N1antidlHOS3O131i0Y11IO3110Z1I3SO1OO O3HVd31Id Stl1d335 'NOI.LVAN3SHO Sd0 WOTI3 O3HSPISVIS3 Sy Iiil1ON OIHO NO OHSVS SI NI3HHH IlA1pHS W315ES ONRNSH 'ONf1O11'J 3H1 NO O3A&11V15 SV `SS371IO 3HOY1'ONtl1 d0 S3HOtl 8I't 0NIN1V1NO0 `JNI.VN[`J-- HH dO 1'� 3F11 OS 1333Zfi'443O30Ntl1SIO tl11O3XVM312iVd H01Ld'O'M3O HNIIISVHH]1105 3H.L0NO7V3 "S£'SO °b9 N-HJN3H1 !.LDVU TdZ)Y 6Z0'0 OIVS dO y31,gO0kyyRON�iy�jNIJRIVN(dVKJiHVdHOSt3'Q'M3O SNI'11SV�iIOOS3<iLNOMi[1O3 QOHt1ON 3ON3H1HION U5 tlO17333 ctE43p3JNV1SIO V 21O31OV"H13NOtl 6Z0'OOIVS dO3Nri1Stl33H1.0N0'IV M•6S'01° 10: `5'VX31`x1•N[1O0 METES AND BOUNDS DESCRIPTION OF A 0.48 ACRE TRACT AUGUSTUS BABILLE SURVEY, A-75 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE AUGUSTUS BABILLE SURVEY, ABSTRACT NO.75, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING THE REMAINDER OF A CALLED OS 187 ACRE TRACT AS DESCRIBED BY ADM TO THE STATE OF TEXAS RECORDED IN VOLUME 963,PAGE 231 OF THE OFFICLAL RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT AN ALUMINUM TXDOT MARKER FOUND ON THE SOUTHEAST LINE OF W. D. MI CH PARKWAY (VARIABLE WIDTH RO.W.) MARKING ANORTHWEST CORNER OF A CALLED 2Z563 ACRETRACTAS DESCRIBED BY A DEED TO BRAZOS TEXAS LAND DEVELOPMENT, LLC RECORDED IN VOLUME 9361, PAGE 279 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND THE WEST CORNER OF SAID REMAINDER OF O. S l87 ACRE TRACT; THENCE: N41°53.00" EALONGTHE SOUTHEAST LINE OF W D. FITCH PARKWAY FORADISTANCE OF 135.96FEET TO A BRASS TXDOT DISC FOUND MARKING THE WEST CORNEROFA CALLED 0.187 ACRE TRACT AS DESCRIBED BY LEASE TO THE VOLUNTEER FIREDEPARTMR'T, PRECINCT 1, RECORDED IN VOLUME 478, PAGE 86 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 47" IV 33'EALONG THE COMMON LINE OF SAID REMAINDER OF 0.5187 ACRE TRACT AND SAID 0.187 ACRE TRACT FOR ADYSTA14CE OF 129.91 FEET TOACONCRETE RIGHT-0FWAYMARKER, FOUND ON THE WEST LINE OF OLD ARRINGTON ROAD MARKING THE SOUTH CORNER OF SAID 0.187 ACRE TRACT; THENCE: S 00° 53' 16" W ALONGTHE WEST LINE OF OLDARRTNGTON ROAD FORA DISTANCEOF 227.20 FEETTO A 519INCH IRON ROD FOUND BLARKING A NORTHEAST CORNER OF SAID 22565 ACRE TRACT; THENCE: ALONG THE COMMONLINEOF SAIDREMAINDEROFO.3187 ACRETRACTAND SAID22.565 ACRETRACT FORTHE FOLLOWING CALLS: N 21° 26' 41" W FORA DISTANCE OF 159.10 FEET TO A CONCRETERIGHT-OF-WAYMARKERFOUND; N 47" 42' 37" W FORA DISTANCE OF 99.56 FEET TO A CONCRETE RIGHT-OF-WAY MARKERFOUND; S SS° OT 19"W FORA DISTA.,ICEOF50.22FEETTOTHEPOTNT OFBEGINMNG CONTAINING OAS OF AN ACRE OF LAND, MOREORLESS, AS SURVEYEDONTHE GROUND. BEAMOSYSTEM SHOWN HEREINIS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION, SEEPLAT PREPARED OCTOBER 2011 FORMORE DESCRIPTIVE INFORMATION. BRAD KERA REGISTERED PROFESSIONAL LAND SURVEYORNo. 4502 D:/ WORK/MAB/11-560B.MAB EASEMENT APPLICATION To be filled in and submitted with construction plans and specifications for preliminary review (Not to be used where City is purchasing property) THIS SECTION TO BE COMPLETED BY CITY STAFF PROCESSED BY: DEPT. EXT. REQUESTED BY: DEPT. EXT. ACCOUNT NO. PROJECT NAME: (For ordering We work, appoeurns, eta) PROJECT NO. TYPE OF EASEMENT: _ Public Utilities(PUE) Temporary Blanket PUE _Electric Only (pnorto building permit) _ Water Only SPECIAL INSTRUCTIONS: REVIEW AND APPROVAL REQUIREDIGIVEN BY THE FOLLOWING DEPARTMENTS: Approval Required By: Electric Approval Given By: _Electric (please initial) WaterMW (please initial) _WaterMlW Asst. City Engineer Asst. City Engineer Public Works Public Works METES & BOUNDS DESCRIPTION CHECKED FOR CLOSURE BY: (City Staff —Name epL THIS SECTION TO BE COMPLETED BY APPLICANT PROPERTY OWNER(S): Brazos Texas Land Development, LLC (Names must be exactly as they appear on the deed) ADDRESS: 1203 University Drive East PHONE NUMBER: 979-307-0321 College Station,TX 77840 ALL LENDERS (Please furnish copies of all lien documents): (Names and Addresses) IF OWNER IS A CORPORATION, PARTNERSHIP, OR JOINT VENTURE (also see #5 below): 1. State of Incorporation! Registration Texas 2. Partners' Names (if applicable) Salim Ismail and Shireen Ismail 3. Person Authorized to Sign Salim Ismail, Director (Name and Title) LEGAL DEPARTMENT MUST BE PROVIDED WITH THE FOLLOWING: (Please check items that are attached) r 1. A copy of a recent (within 90 days) deed ortige insurance policy showing the names of the grantors t owners; and )% 2. For unplatted property, s signed, sealed and dated metes and bounds description and a diagram of the property showing the location. of the easement; or.. j 3. For platted property, a copy of the plat shown the lot, block, subdivision. and recording information. F— 4. For blanket easements. a signed, sealed and dated metes and bounds description and a diagram of the property. r' S. Corporate or partnership owners musMrnish a copy of a corporate resolution or other proof of authority to sign on behalf of the corporation, partnership, or)oint venture. rX 6. Name, address and phone number of person who is to receive the easement and be responsible for getting it executed: ICapRock Texas Go Jesse Durden, 110 Lincoln Avenue, Ste. 103, College Station, TX 77840; 979-307-0321 Any land acgms on resufa'ng from Capital Improvement Projects requires a meeting with the Legal Department. bgsbadeve_sedapplimrionslmmntlplanningleasemenropplfcagon.doc Print Fenn Rev. 07-29-M TEXAS COMMITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date: October 23, 2011 at 8:00 a.m. Commitment issued November 8, 2011, 8:00 a.m. 1. no policy or policies to be issued are: (a) OWNER POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one -to -four Family residential real estate) Policy Amount: $ PROPOSED INSURED: (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE - ONE -TO -FOUR FAMILY RESIDENCES (Form T-IR) Policy Amount: S PROPOSEDINSURED: (c) MORTGAGEE POLICY OF TITLE INSURANCE (FORM T-2) Policy Amount: STO BE DETERMINED PROPOSED INSURED: Proposed Borrower. Brazos Texas Land DcvelopmenG LLC (d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY (Forth T-2R) Policy Amount: S PROPOSEDINSURED: Proposed Borrower: OF No. 00113764 (e) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) Binder Amount: $ PROPOSED INSURED: Proposed Borrower: (f) OTHER: Policy Amount: $ PROPOSED INSURED: .2. The interest in the land covered by this Commitment is: Fee simple 3. Record Title to the land on the Effective Date appears to be vested in: Brazos Texas Land Development, LI.C, subject to Schcdule "C" requirement herein University Title Company First American Title Insurance Company Tmm Commionent T-7 (Rev. 1-1 A3)-SchWW. A Valid Only irScheduk B. C, 0 and Coverare anached SCHEDULE A - continued GF No. 00113764 4. Legal description of land: Sec Exhibit A attached hereto and made a part hereof. SCHEDULE B GF No, 00113764 EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorneys fees, and expenses resulting from: I. The following restrictive covenants of record itemized below OVe must either insert specific recording data or delete this exception): Item No. 1, Schedule B, is hereby deleted. 2. Any discrepancies, conflicts, or shortages in area or boundary lints, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, 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 line of the harbor or bulkhead lines as established or changed by any government, or c. to Titled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or c, to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 2012, and subsequent years, 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 exemption granted to a previous owner of the property under Section 11.13, Texas Tat Code, or because of improvements not assessed fora previous tax year. Of Texas Short Form Residential Mortgagee Policy (T-2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the year _ and subsequent years.") 6. The terms and conditions of the documents creating your interest in the land 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the ownee(Applies to the Mortgagee Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) S. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage.(Applies to Mortgagee Policy T-2 only.) 9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Mortgages Policy (T-21t). (Applies to Texas Short Form Residential Mortgagee Policy (T-2R) only. Separate University Title Company First American Title Insurance Company TOM Commimxnt T-] (Rev. 1-1.93)-seln&le B Valid Only if Schedule A, C. D and Cover arc amxfie SCHEDULE B - continued OF No. 00113764 exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Mortgagee Policy (T- 2R). 10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception): a. Rights of Parties in Possession. (OWNER POLICY ONLY) b. "All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed herein." (LENDER'S POLICY ONLY) c. Visible and apparent easements. d. Portion of the property within any roadway. e. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting title that would be disclosed by an accurate and complete land survey of the land. f Blanket Easement: From: J. D. Williams, Jr., et us To: City of Bryan Dated: January 31,1950 Recorded: Volume 141, Page 481, Deed Records, Brazos County, Texas. g. Blanket Easement: From: Mrs. J. D. Williams To: Wellborn Water Supply Corporation Dated: September 30, 1968 Recorded: Volume 273, Page 408, Deed Records, Brazos County. Texas. h.. Mineral Reservation in Deed: By: Ed S. Wickes, at at To: J. E. Marsh Dated: April 28,1940 Recorded: Volume 103, Page 279, Deed Records, Brazes County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. i. Oil and Gas Lease, and all terms, conditions and stipulations therein: Lessor: Myrtle Elizabeth Williams, et at Lessee: Grand Energy, Inc. Dated: September 16,1998 Recorded: Volume 3258, Page 130, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. SCHEDULE C OF No. 00113764 Your policy will not cover loss, costs, attorney's fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: I. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, all standby fees, taxes, assessments and charges against the property have been paid, all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub -contractors, laborers and suppliers have been fully paid, and that no mechanic's, laborers or materialmen's liens have attached to the property, them is legal right of access to and from the land, (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect, lien or other matter that may affect tide to the land or interest insured, that arises or is filed after the effective date of this Commitment. 5. Item No. 2 of Schedule B hereof shall be amended to read "shortages in area', upon our receipt of an acceptable survey. (As to Mortgagee Policy Only) 6. Item No. 5 of Schedule B hereof shall be amended to read "standby fees, taxes and assessments by any taxing authority for the year 2012 and subsequent years, but not those taxes or assessments for prior yeah because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year.", upon payment of applicable premium. (As to Mortgagee Policy T-2 Only) (If Texas Short Form Residential Mortgagee Policy (T-2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of"for the year _ and subsequent years.") 7. If requested in lenders closing instructions and all of our underwriting requirements are satisfied, we will issue the T17 & T19 Endorsements, upon payment of any applicable premiums. (As to Mortgagee Policy Only) S. 1f requested in lenders closing instructions and upon payment of applicable premium, we will issue the T-53 Texas Limited Coverage Residential Chain of Title Policy. 9. We will require an Affidavit as m Debts and Liens be signed and the original provided to us prior to issuance of any title policies. 10. We will require a Waiver of Inspection (Rights of Parties in Possession) be signed by the Purchaser and the original provided to us prior to issuance of any title policies. University Title Company First American Title Insurance Company Texas Cennale MT-'1(Rc.1.1-93)-SebaluloC `laud Only if Schedule A.B. D and Coverareanached SCHEDULE C - continued OF No. 00113764 It. We will require an original Tax Certificate be provided, showing all taxes paid current, prior to issuance of any title policies. (If this transaction is not closing in our office, let us know if we need to order the tax certificate.) 12. ARBITRATION: The Owner Policy of Title Insurance (Form T-I) and the Mortgagee Policy of Tide Insurance (Form T-2) contain an arbitration provision. It allows the Insured or the Company to require arbitration if the amount of insurance is $2,000,000 or less. If the Insured wants to retain the right to sue the Company in case of a dispute over a claim, the Insured must request deletion of the arbitration provision before the Policy is Issued. The Insured may do this by signing the Deletion of Arbitration Provision forth and returning it to the Company at or before the closing of the real estate transaction or by writing to the Company. NOTE l: If you are the lender in the transaction and desire deletion of the Arbitration Provision, please inform us through your loan closing instructions. NOTE 2: This does not apply to Texas Residential Owner Policy of Title Insurance - One to Four Family Residences. If you are the purchasers of non-residential property and desire the deletion of the Arbitration Provision, a form will be presented to you 9 closing for execution. 13. If subject transaction will utilize a prior survey, we will require a full size, legible copy ofsaid survey, with the surveyor's field notes, If any. Upon receipt of the existing survey, we reserve the right to determine whether said survey is acceptable for insuring purposes according to our underwriter guidelines. NOTE: While a survey may be acceptable for insuring purposes, all surveys are subject to final approval by lender. 14. Require conveyance of subject property to Brazos Texas Land Development, LLC by City of College Station as Successor by Annexation to Brazos County, Texas. University Title Company By: Aushonud Countersi,rat re GeVNq SCHEDULED OF No. 00113764 The following disclostues are made pursuant to Procedural Rule P-21, promulgated by the Texas Department of Insurance: 1. UNDERWRITER: First American Title Insurance Company, a California corporation. Shareholder owning or controlling, directly or indirectly, ten percent or mom of the shares of the Underwriter: First American Title Imurance Company is a wholly owned subsidiary of First .American Financial Corporation, a public company formed in Delaware, Directors: Dennis J. Gilmore, Mark 1. Hamnsworth, Parker S. Kennedy, Jeffrey S. Robinson and Timothy V. Kemp Officers: President: Dennis 1. Gilmore; Bvecufive Vice President, Chief Financial Officer: Mark J. Harmsworth; Vice Resident, Secretary: Timothy V. Kemp; and Exewtive Vice President, Business Director: John M. Hallenbeck. 2. AGENT: UNIVERSITY TITLE COMPANY a. Shareholder,owner, partner or other person having, owning or controlling one percent(1%) or more of the Title Insurance Agent that: Celia Goode -Haddock William C. Lipsey Michael R. Hoelscher Karen McCan oll b. Shareholder,owna, partner orother person having, owning orcontrolling ten percent(10%) or more of an entity that has, owns orconhvls one percent(1%) or more of the Title Insurance Agent notapplicable c. The following persons are officers and directors of the Title Insurance Agent Officers Directors Chahman/CEO- Celia Goode -Haddock Celia Goode -Haddock PresidenVCGG- Karen MoCarroll Michael R. Hoelscher Senior Vice President - Joseph Potcet William C. Lipsey Vice President- Michael R Hoelscher Karen McCarmll Secretary/Treasurer- William C. Lipsey Joseph Poteet 3. You are enfitled to receive advance disclosure of settlement charges in connection with the proposed tramadon to which this commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, fine or corporation receiving a portion of the premium from the sealement of this transaction will be disclosed on the closing or settlement statement. You are father advised that the estimated tide premium" is Owners Policy S Loan Policy S Endorsement Charges S Other S Total S 0.00 Ofthis total amount: S or 15.00%will be paid to the policy issuing Title Insurance Company: S or 85.00'/o will be retained by the issuing Title Imumnce Agent, and the remainder of the estimated premium will be paid to other parties as follows: Amount S S S To Whom For Services ` The estimated premium is based upon information furnished to m as of the date of this Commitment for Title Insurance. Final determination ofthe amount ofthe premium will be made at closing in accordance with the Rules and Regulations adopted by the Commissioner of Insurance. Exhibit A Mcksand beundscimription ofall thatcernsin tractor pared ofland lyingand being.sftuated In the Augustus IsabilkSunvy,AbnmctNix 7S and the S. IV. Robertson Lea�we, Abstract No. 202, College Station, Brains County, Texas Said tract being a porlon of Old Arrington Road and appearing to be a portion of the remi nderofa coned too acre net, as described bya Deed to Nihon D. Williams recorded In Volume272, Page389ofthe Deed Records of BnCounty, Texas.and a portion ofthe remaknderufa cited 18.52acsu tract as described by a Deed to J. H. Bbancy and Lbyd D. Smith recorded in Volume I03, Page 444 of the Deal Mordsof Brazos County. Texas. Said tract being more particularly described by metes and bounds as follows: BEGINNING at a 518 inch Iron rod found on the Southeast line or W. D. Pitch Parkway (variable width P.O.W.) marling the Northwest corner ofa called S53 acre tract as described by a Deed to Brazos Texas land Development, MC recorded in Volume836I, Page279 oftheOlhcial Public Records of Brawn County, Texas; T H EN C E: S 02° 22' 33" E along the West line ofsaid 5 53 acre pact, same being called the East line ofCid Arington Read, for a distance of..IM05 feet to a SB inch icon rod found marking the Southwest tooter ofsakd 5.3 acre hactand the Northwest comer of called 1446acre tmctas described by said Deed to 8azosTexas Land Development, LLC (8361279); THENCE: S Or 26' 17" E along the West line of said 546 acre tract, same being called the East line ofOld Arington Road; fora distanceof474.97 fee to aX4inch iron and found marking Ike Southwrstcomerofsaid 5.46acre hattand the Northwestcomerofa ca0ed 2,445 acre tract as described by a Deed to Ronald Calvin recorded in Volume 9338, Page 178 of the Official Public Retorts of Brazos County,l'exas for reference a 12 inch iron red found smoking the Northeast toner of mid 2.445 acre tract bears: S 81° 04' 35" E torn distanceof448.40 fee; THENCE: N81e U 26" W through Old Anington Road and along theextarson of thecommon Bneofsaid S46acre hadandmid 2445 acre had for a distance of St7t feet to the East line of a called 22565 acre hat, as described by said Deed to Brn4a Texas Land Development. LLC (8361279), same being called the West line of Old Arrington Road, for reference a 0 inch. from red fared on the West One of Did Arington Road marking the South comer of said 22565 acre pact burrs: S 02 "Si' 34" E for a distance of 106579 feet; THENCE: N OT 53' 34" W along the East line of said 22565 acre tract, mine being called the West line ofOk Ani np on Road, tarn distanceof_Sfi44 feet to a SS inch iron and found maddng the South comerofthe remainder on called 0.5187acretradasdescribed by Deed in the StateofTexas recorded in Volume 963; Page 231 of the Official Records of Brazos County, Texas; THENCE: N 00° Si' 16" E continuing along the called West line of Old Arrington Road for a dismnce of227.20 foot in a concrete nkghtofhway malier food marking a common coswerofsaid ra minderof05187aereMetand a Idled 0.197acre hactas dssesibed by least to the Volunteer Fire Department, Product I, recorded in Volume478, Page86 ofthe Deal Records of Brazes County, Texas: THENCE: N 00- S8' 34' W along the East line of said 0.187 acre bact for a distance of 145.14 fee t to a TXDOT Brass Disc found marking tine Northeast miner of said 0.187 acre tract and the Southeast corner of called 0.029 acre tract as described by a Deed to Wellborn Special Utility District mwsded in Volume3991, Page 197 of the Official Public Records of Brazos County. Texas: THENCE: N Ol° 10' 59" W along the East line of said 0.029 acre tract far a distance of 44.25 feet to a 518 inch iron red found on the Southeast line of W. D. Fitch Parlvay marking the North corner of said 0.029 acre tract, THENCE: N 64° 08' 38" E along the Southeast line of W. D. Fitch Parkway for a distance of 44.42 feet to the POINT OF BEGINNING containing 1.18 acres of land, more or less, as surveyed on the ground. beating system shown herein is based on grid North as established from GPS observation, see plat prepared October, 2011 for more descriptive Information. NOTE: The Company is prohibited 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 is 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 R hereof. 0T1 'ONLl3WNS amN ,AB Qi NOIONW MU Sao ZOZ—V '3n 4L—V 'A3N 13VUL NOSM380M A mim snlsnor r sr'L v Ow v ao•o v 30 mvaNnos oNvi I l *I a o I s�ppyy ty z F !1 I dim •Nouv/Y3590 Sd1 rvgw 03HSII6 = W HWOk ORIO NO o3SI6 51 NO3M NMOHS n315A5 ON'RN36 wouvmoL6 RAUdWOUGbym 3aon aoi Itoz meo�o a3nveaaa saNnos aNV sL3n 33s / STY38 0 D! aoa NOM�T;L/ NMI MINI I I 6LZ/lgZZ 10VNi1 3N10V 0-LWG ��Aplpooiss3yo arm svx31 sozvaa -.5 • 't "a• z cd „�� m m UinXavme A N I N m I z c �hL •�•o l o> (N I vt y Y V I T NO •rip I £ M .6/.ZOSH S 1ZL'09 Ol N J t- m 3 .S£Atli S .I6'aLt 6LZ/t9£g 10Vd1 3210V 94'$ D�iro I 3 .9£,90.Y9 N .ZY'K Y1 M.6S.Ot.la N ,Stri £1 0T 'IMMOTMO'- QNVI SVX31 SOZVa6 I a M .Y£,9:A0 N .YCSYI Zt � 1 I N M .9Z.YO.I2 N .IC*S it 9NRIy38 3XMHIO 3Nn MI PORN] S zl 66£/LLZ �I 10V& MIN OW 70H I swvmlM �I 083NN0 =1 '^ i UH 00s oal HONI ONi H/5 tSL I I *sot 10yN1 3N10V Z'Sgr I y� AOT Huns 0 O).o-n ONy A3NNI8 'N A'IN3WNIO.4d I yN $ w o N ; m HNno3 mm Z AYM�O-LAIN aawmoo "� � I" %J ONWNI038 3T '1N3Wd0'l3A30 m N zyBe 'max am SVX31 some b c _ 2 gl mHymy N �Sy�! p man A��904y�'fb>) b 30ONw MN AVM--1HOW 3L3UON0000 a SSSV rororole S YN6 l0a%t 1o0X1 ,0W = L 31VOS H6/eLY `� 4 lNIa3Hd MOA annw aoa 46l/166C 3aN a361Nn10A `9 NOV MIll 9/S T 6Z0'0 01. VA OAS moa Eb y I NOaI nyWNI B//B �bVP ONINM038 d0 1NIOd METES AND BOUNDS DESCRIPTION OFA 1.18 ACRE TRACT AUGUSTUS BABH.LE SURVEY, A-75 S. W. ROBERTSON LEAGUE, A-202 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE AUGUSTUS BABILLE SURVEY, ABSTRACT NO. 75, AND THE $. W. ROBERTSON LEAGU$ ABSTRACT NO. 202, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BENG A PORTION OF OLD ARRNGTON ROAD AND APPEARING TO BE APORTION OF THE REMAINDER OF A CALLED 100 ACRE TRACT AS DESCRIBEDBYADEED TO MILTOND. WB.LIAMSRECORDEDNVOLUME277,PAGE3890FTHEDEEDRECORDS OF BRAZOS COUNTTY,TEXAS,ANDA PORTION OF THEREMANDEROFA CALLED 185.2ACRETRACTAS DESCRIBED BYA DEEDTO I H. BINNEYANDLLOYDD. SMITHRECORDEDN VOLUME 103, PAGE444 OF THE DEEDRECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACTBEINGMORE PARTICULARLYDESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING AT A 518 NCHMON ROD FOUND ONTHE SOUTHEAST LINE OF W. D. F]TCHPARKWAY (VARIABLE WIDTH P.O.W.) MARRNGTHENORTHWEST CORNEROFA CALLED 5.53 ACRETRACTAS DESCRIBED EYADEED TO BRAZOS TEXAS LAND DEVELOPMENT, LLCRECORDEDN VOLUME 8361, PAGE279 OF TBEOFFICIALPUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 0202733" EALONGTHE WESTLNEOFSAID5.53 ACRETRACT, SAMEBEING CALLED TEBEASTLNE OF OLD ARRNGTON ROAD, FOR A DISTANCE OF 525.05 FEET TO A 518 NCH IRON ROD FOUND MARKING THE SOUTHWEST CORNER OF SAID5.$3 ACRE TRACT AND THE NORTHWEST CORNER OF A CALLED 5.46ACRETRACT AS DESCRIBED BY SAID DEED TO BRAZOS TEXAS LAND DEVELOPMENT, LLC (8361279); THENCE: S 02026' 17" EALONGTHE WEST LNEOF SAID 5.46 ACRE TRACT, SAMEBBNGCALLED THE EAST LINE OF OLD ARRNGTON ROAD, FOR A DISTANCE OF'474.97 FEET TO A''% NCH IRON ROD FOUND MARKING THE SOUTHWEST CORNEROF SAID 5.46 ACRE TRACT AND THE NORTHWEST CORNER OFA CALLED1445 ACRETRACT AS DESCRIBED BYADEED TO RONALD CALVNRECORDED IN VOLUME 9339, PAGE 178 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FORREFERENCEA V.INCH IRON RODFOUNDMARINGTHENORTHEAST CORNER OF SAID 2.445 ACRE TRACT BEARS: S 81004' 26" E FOR A DISTANCE OF448.40 FEET; THENCE: N 81004' 26" W THROUGH OLD ARRNGTONROAD AND ALONG THE EXTENSION OFTHECOMMONLNE OF SAID 5.46 ACRE TRACT AND SAID 2.445 ACRE TRACT FORA DISTANCE OF 54.71 FEET TO THE EAST LINE OF CALLED 22565 ACRE TRACT AS DESCRIBED BY SAID DEED TO BRAZOS TEXAS LAND DEVELOPMENT, LLC (8361279), SAME BEING CALLED THE WEST LINE OF OLD ARRNGTON ROAD, FOR REFERE14CEA 5{8INCH IRON ROD FOUND ON THE WEST LINE OF OLDARRNGTONROAD MAR KING THE SOUTH CORNER OF SAID "'65ACRE TRACT BEARS: S 02 053' 34" E FORA DISTANCE OF 1065.79 FEET; THENCE: N 02 053' 34" W ALONG THE EAST LINE OF SAID 22.565 ACRE TRACT, SAME BEING CALLED THE WEST LINEUP OLD ARRNGTON ROAD, FORA DISTANCE OF 555.44 FEET TO A 518 NCHIRONRODFOUNDMARxBIGTHE SOUTH CORNER OF THE REMAINDER OF ACALLED 0.5187 ACRETRACT AS DESCRIBED BYADEEDTOTHE STATE OF TEXAS RECORDED N VOLUME 863, PAGE 231 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 000 53' 16" E CONTINUING ALONG THE CALLED WEST LINE OF OLD ARRINGTON ROAD FOR A DISTANCE OF227.20 FEET TO A CONCRETE RIGHT-OF-WAY MARKERFOUNDMARRING A COMMON CORNER OF SAD) REMAINDER OF 0.5137 ACRE TRACT AND A CALLED 0.187 ACRE TRACT AS DESCRIBED BY LEASETO THE VOLUNTEER FIRE DEPARTMENT, PRECINCT 1, RECORDED N VOLUME 478, PAGE 86 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N00058' 34" W ALONG THE EAST LINE OF SATO 0.187 ACRE TRACT FORA DISTANCEOF 145.14FEETTOA MOT BRASS DISC FOUND MARKING THE NORTHEAST CORNER OF SAID 0.187 ACRE TRACT AND THE SOUTHEAST CORNER OF A CALLED 0.029 ACRE TRACT AS DESCRIBED BY A DEED TO WELLBORN SPECIAL UTILITY DISTRICT RECORDED N VOLUME 3991, PAGE 197 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N01'10'59" WALONG THE EAST LINE OF SAID 0.029 ACRE TRACT FORA DISTANCEOF44.25 FEET TOA 519 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF W. D. FITCH PARKWAY MARKING THE NORTH CORNER OF SAID 0,029 ACRE TRACT; THENCE:N 6P 08' 38" E ALONG THE SOUTHEAST LINE OF W. D. FITCH PARKWAY FORA DISTANCE OF44.42FEEf TO THE POINT OF BEGINNING CONTAINING 1.18 ACRES OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. SEE PLAT PREPARED OCTOBER2011 FOR MOREIDESCRIPTIVE WFORMATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYORNo. 4502 D:IWORK/MAB/I I-5609.MAE