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HomeMy WebLinkAboutEasement Agreement10/18/2004 13:43 FAX 979 846 4725 HOELSCHER LIPSEY ELEMORE 6 EASEMENT AGREEMENT Preamble CM 002/017 This Agreement is made on OCt_ ~ , 2004, at College Station, Texas, between East Bypass Development Group ("Grantor"), a Texas partnership composed ofRobert Bower, Jr., PattyLjungdahl, William C. Atkinson, Michael G. Shoup, and James R. Whatley and Our Saviour's Lutheran Church of College Station, Texas, Inc., a Texas corporation ("Grantee"), whose mailing address is 315 Tauber Street, College Station., Texas 77840. Grant of Easement 1. For the consideration described in Paragraph 2, Grantor grants to Grantee an easement upon and across the property of the Grantor described on the attached Exhibit "A" (the'Property'). Consideration 2. This easement is granted in consideration ofthe Grantee's payment to Grantor ofthe sum of $1.00 and other valuable consideration, receipt of which is acknowledged. Character of Easement 3. This instrument grants an easement appurtenant to the-do nim nt tenement. The dominant tenement is the property of the Grantee described on the attached Exhibit "B". Location of Easement 4. The 15 foot wide easement and right-of-way shall be located upon and across the eastern- most fifteen (15) feet of the above described Property beginning at the southeast comer of the property and continuing northerly for seven-hundred feet (700) from the dominant tenement (Easement Property). Purpose of Easement 5. This easement, with its rights and privileges, shall be used only for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, relocating, and/or removing an open drainage ditch for the flow of water from Grantee's property to and through the Property. Duration of Easement 6. This easement shall be perpetual. Easement Agreement EAST BYPASS DEVELOPMENT GROUP and OUR SAVIOUR'S LUTHERAN CHURCH Page 1 of 12 10/18/2004 13:43 FAX 979 846 4725 HOELSCHER LIPSEY ELEMORE I A003/017 Warranty of Title 7. Grantor and Grantor's heirs, personal representatives, successors, and assigns are and shall be bound to warrant and forever defend the easement and rights conveyed in this instrument to Grantee and Grantee's heirs, personal representatives, successors, and assigns, against every person lawfully claiming or to claim all or any part of the interest in the Property, except as to the reservations from and exceptions to conveyance and warranty, by, through, or under Grantor, but not otherwise. Reservation- Non Exclusiveness of Easement 8. The easement, rights, and privileges granted by this conveyance are nonexclusive, and Grantor reserves and retains the right to convey similar rights and easements to such other persons as Grantor may deem proper, provided such additional grants do not interfere with Grantee's use of the easement. Reservations - Surface Only 9. This Agreement conveys to Grantee easement interests in the surface estate only of the Easement Property. Grantor hereby reserves to Grantor, and Grantor's heirs, legal representatives, administrators, executors, successors and assigns, all mineral interests, whether metallic or nonmetallic, whether similar or dissimilar, whether known or unknown, currently owned by Grantor in, on, and under and that may be produced and saved from the Easement Property or acreage pooled or unitized therewith, and the full and exclusive executive rights to execute leases in connection therewith. Reservations - Right To Use Drainage Ditch 10. Grantor reserves the right to make connections to and to utilize the drainage ditch and related facilities constructed in the Easement Property. Exceptions - General 11. This conveyance is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, relating to the Easement Property, to the extent, and only to the extent, that the same may still be in force and effect, and either shown of record in the Official Records of Brazos County, TX, or that may be apparent on the Property. "AS IS" CONVEYANCE Easement Agreement EAST BYPASS DEVELOPMENT GROUP and OUR SAVIOUR'S LUTHERAN CHURCH Page 2 of 12 10/18/2004 13:44 FAX 979 846 4725 HOELSCHER LIPSEY ELEMORE 1jj004/017 12. BY ITS ACCEPTANCE OF THIS EASEMENT CONVEYANCE, AND AS A MATERIAL PART OF THE CONSIDERATION, GRANTEE FURTHER EXPRESSLY ACKNOWLEDGES AND AGREES THAT (i) ANY INFORMATIONPROVIDED TO GRANTEE PERTAINING TO THE EASEMENT PROPERTY BY GRANTOR HAS NOT BEEN. INDEPENDENTLY INVESTIGATED OR VERIFIED BY GRANTOR, (ii) GRANTOR IS NOT MAKING, AND HAS NOT MADE, ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION: AND (iii) GRANTOR IS NOT, AND SHALL NOT BE, LIABLE OR BOUND IN ANY MANNER WHATSOEVER BY ANY WRITTEN OR VERBAL STATEMENT, REPRESENTATION, REPORT, SURVEY OR INFORMATION FURNISHED TO GRANTEE, OR MADE, BY ANY PARTY WITH RESPECT TO THE EASEMENT PROPERTY OR THE EASEMENT INTERESTS HEREBY CONVEYED. GRANTEE SPECIFICALLY AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO CONDUCT SUCH TESTS, STUDIES AND INVESTIGATIONS AS GRANTEE DEEMS NECESSARY AND APPROPRIATE, GRANTEE IS RELYING SOLELY UPON GRANTEE'S OWN INVESTIGATION OF THE EASEMENT PROPERTY AND NOT ON ANY INFORMATION PROVIDED BY GRANTOR. GRANTEE FURTHER AGREES THAT GRANTEE HAS PURCHASED AND ACCEPTED THE EASEMENT INTERESTS IN THE EASEMENT PROPERTY IN ITS CURRENT "AS IS" WITH ALL FAULTS CONDITION, AND TO HAVE ASSUMED THE RISK OF ANY MATTER OR CONDITION WHICH IS LATENT OR PATENT OR THAT COULD HAVE BEEN REVEALED BY ITS INVESTIGATIONS. GRANTOR HAS NOT MADE (AND GRANTOR HEREBY EXPRESSLY DISCLAIMS, AND GRANTOR IS SELLING THE PROPERTY WITHOUT) ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WHATSOEVER AS TO THE VALUE, CONDITION, NATURE, CHARACTER, SUITABILITY, HABITABILITY OR FITNESS OF THE EASEMENT PROPERTY, THE INCOME TO BE DERIVED THEREFROM, THE PRESENCE OR ABSENCE OF ANY HAZARDOUS MATERIAL OR OTHER ENVIRONMENTAL CONDITION OR COMPLIANCE OF THE LAND WITH, OR VIOLATION OF, ANY LAW, STATUE, ORDINANCE, RULE OR REGULATION, AND ANY OF SUCH REPRESENTATIONS AND WARRANTIES, AND ANY CLAIMS OR CAUSES OF ACTION AGAINST GRANTOR BASED IN WHOLE OR IN PART ON ANY VIOLATION OF, OR ARISING WITH RESPECT TO, ANY FEDERAL, STATE OR LOCAL STATUTE, ORDINANCE, RULE OR REGULATION ARE HEREBY EXPRESSLY WAIVED AND RELEASE BY GRANTEE. Indemnity 13. Grantee shall hold harmless, defend, and indemnify Grantor against any suits, liabilities, claims, demands, or damages, including but not limited to personal injuries and attorneys' fees, arising from Grantee's exercise of easement rights granted by this instrument. Any improvement of any nature constructed by Grantee on the Easement Property and for the benefit of the Dominant Tenement will be at Grantee's sole expense, and Grantee shall not permit any mechanics or materialmen's lien to be placed upon or remain upon the Easement Property or any portion of the Property. Prior to the completion of the drainage ditch, Grantee, at Grantee's expense, shall relocate Easement Agreement EAST BYPASS DEVELOPMENT GROUP and OUR SAVIOUR'S LUTHERAN CHURCH Page 3 of 12 10/18/2004 13:44 FAX 979 846 4725 HOELSCHER LIPSEY ELEMORE 0005/017 t , the existing barbed wire fence adjacent to the Easement to the boundary line of the Property. Maintenance - Grantee's Duties and Grantor's Rights 14. Upon completion of the construction of the drainage ditch, Grantee, as the owner of the dominant tenement, shall be responsible for the costs to maintain, operate and repair the drainage ditch in accordance with all applicable ordinances, rules and regulations of the City of College Station and all federal and state laws and regulations and the terms of this agreement. In no event shall Grantor, or the future owners of any part of the Property have any responsibility, liability, or obligation for the maintenance, operation or repair of the drainage ditch. If the owner of the dominant tenement, or any part thereof, fails to maintain or repair the drainage ditch in accordance with all applicable ordinances, rules and regulations and the terms of this agreement, Grantor (or the then owner of any portion of the Property) shall have the right (but not the obligation) to cause such maintenance or repairs to be performed, completed or made at any time after the expiration of thirty (30) days after written notice to the owner of the dominant tenement of such failure. Notwithstanding the foregoing, at any time, in the event immediate maintenance or repairs are required from reasons creating a hazardous situation, are required for the use or occupancy of the any part of the Property, or are required by the City of College Station or any other governmental authority with jurisdiction over the drainage ditch or any part of the Property, the owner of any part of the Property shall have the right to cause the required emergency maintenance or repairs to be performed, completed or made without the necessity of prior notice to the owner of the dominant tenement. By performing the activities described in this paragraph, Grantor (or the then owners of any part of the Property) shall assume no responsibility, liability, or obligation for-those activities other than avoidable damage caused to the drainage ditch by the gross negligence of its (or their) employees or agents. Each owner of any portion of the dominant tenement shall be jointly and severally liable to Grantor (or the then owners of any part of the Property) for reimbursement of all reasonable and necessary costs incurred by Grantor, or the then owners, in performing the activities described in this paragraph. Temporary Easements 15. In addition to the right-of-way easement located as specified in Paragraph 4, Grantee shall have the right to use as much of the surface of the Property adjacent to the easement as may be reasonably necessary for Grantee to construct and install the contemplated drainage ditch in the easement. On completion of construction and installation, Grantee shall replace and restore all fences, walls, or other structures that may have been relocated or removed during the construction period. Encroachments 16. Grantee shall have the right to cut and trim trees or shrubbery that may encroach upon the easement area described in Paragraph 4 of this Agreement. Grantee shall dispose of all cuttings Easement Agreement EAST BYPASS DEVELOPMENT GROUP and OUR SAVIOUR'S LUTHERAN CHURCH Page 4 of 12 10/18/2004 13:44 FAX 979 846 4725 HOELSCHER LIPSEY ELEMORE 2006/017 and trimmings either by piling and burning in the easement area (subject to fire or air pollution laws and regulations) or by loading and hauling away from the Property. Rights Reserved 17. Grantor retains, reserves, and shall continue to enjoy the use of the surface of the easement area described in Paragraph 4 of this Agreement for any and all purposes that do not interfere with and prevent Grantee's use of the easement. Entire Agreement 18. This Agreement contains the entire agreement between the parties relating to its subject matter. Any oral representations or modifications concerning this Agreement shall be of no force and effect. Any subsequent amendment or modification must be in writing and agreed to by both parties. Dispute Expenses and Attorneys' Fees 19. If any controversy, claim, or dispute arises relating to this Agreement or its breach, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorneys' fees, and costs. Abandonment - General 20. Notwithstanding the perpetual character of this Easement, if all or any portion of the drainage ditch is abandoned, this easement shall automatically cease and revert to, and re-vest in, Grantor or Grantor's successors or assigns, or the future owners of the Property, as fully and completely as if this document had not been executed and such portion shall thereafter be released of any easement, rights and privileges hereby granted. Enforcement - Equitable Remedies 21. If there is any breach or threatened breach of this Easement by any party or their successors or assigns, and the default or threat continues after the claiming party gives the defaulting party notice of the claim of default and a reasonable opportunity to cure the default (if the default is capable of being cured), then the claiming party may enforce the terms of this Easement by restraining order and by temporary and permanent injunction, prohibiting such breach and commanding the offending party to comply with all ofthe terms ofthe Easement. Restraining orders and injunctions will be obtainable upon proof of the existence of any breach or threatened breach, and without the necessity of proof of inadequacy of legal remedies or irreparable harm, and shall be obtainable only by the parties hereto or those benefitted hereby; provided, however, that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a Easement Agreement EAST BYPASS DEVELOPMENT GROUP and OUR SAVIOUR'S LUTHERAN CHURCH Page 5 of 12 10/18/2004 13:44 FAX 979 846 4725 HOELSCHER LIPSEY ELEMORE 2007/017 waiver of any other rights or remedies available at law or in equity. Choice of Laws 22. This agreement will be construed under the laws of the state of Texas, without regard to choice-of law rules of any jurisdiction. Venue is in Brazos County, TX. Further Assurances 23. Each signatory party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terms, provisions, and conditions of this agreement and all transactions contemplated by this agreement. Binding Effect 24. This Agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. Easement Agreement EAST BYPASS DEVELOPMENT GROUP and OUR SAVIOUR'S LUTHERAN CHURCH Page 6 of 12 10/18/2004 13:44 FAX 979 846 4725 HOELSCHER LIPSEY ELEMORE Q008/017 Executed this day of 2004, at College Station, Texas. By: 11144 Ro Bower, Jr. STATE OF TEXAS COUNTY OF BRAZOS 044-1 This instrument was acknowledged before me on the O day of Ali &W , 2004, by Robert Bower, Jr., partner on behalf of East Bypass Development Group. NICOLE MENCHACA Notary Public in and for the State of Texas Norary Pubk- Stale of Texas My commission expires Ee JULY 5, 006 Easement nt Agreement EAST BYPASS DEVELOPMENT GROUP and OUR SAVIOUR'S LUTHERAN CHURCH Page 7 of 12 10/18/2004 13:44 FAX 979 846 4725 HOELSCHER LIPSEY ELEMORE Executed this day of 661o 2004, at College Station, Texas. X009/017 By: (2-f/v C:~,~ L& Patty L' ngda STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the : day of Ott 2004, by Patty Ljungdahl, partner on behalf of East Bypass Development Group. L Notary Public in and for the S exas plover Pubk, 8W@ d Tom my CWWWWW EVM My com issio expires OCTOBER 16, 2006 Easement Agreement EAST BYPASS DEVELOPMENT GkOUI' and OUR SAVIOUR'S LUTHERAN CHURCH Page 8 of 12 10/18/2004 13:45 FAX 979 846 4725 HOELSCHER LIPSEY ELEMORE 10010/017 Executed this Texas. 611111- day of OC ,4"-J , 2004, at College Station, B y: William C. Atkinson STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the 14 day 2004, by William C. Atkinson, partner on behalf of East Bypass Dq9p14 P DANA L. SWEET-- Notary Public, Mate of Texas My commission Expires SEPTEMBER 19, 2006 Group. State of Texas My commission Easement Agreement EAST BYPASS DEVELOPMENT GROUP and OUR SAVIOUR'S LUTHERAN CHURCH Page 9 of 12 10/18/2004 13:45 FAX 979 846 4725 HOELSCHER LIPSEY ELEMORE r, Executed this day of 2004, at College Station, Texas. 4 By. Micha G. Shoup STATE OF TEXAS COUNTY OF BRAZOS [a 011/017 This instrument was acknowledged before me on the G day of 2004, by Michael G. Shoup, partner on b =inand oup. DONNA GARCIA of Texas NOTAxY PuBL My commission expires JC -7 STATE OF TEXAS 3 -14-0 W Comm Sion EVires 03-14-2007 Easement Agreement EAST BYPASS DEVELOPMENT GROUP and OUR SAVIOUR'S LUTHERAN CHURCH Page 10 of 12 10/18/2004 13:45 FAX 979 846 4725 HOELSCHER LIPSEY ELEMORE Z012/017 Executed this Texas. L onlri v ►c a1 1 X As day of 2 2004, at ate, STATE OF TEXAS By: lr~~ t i J es R. Whatley vrR15 G~ COUN'T'Y OF B1bkZ-&9 This instrument was acknowledged before me on the -151&ay of © ~zs , 2004, by James R. Whatley, partner on behalf of East Bypass Development Group. 0. Lid I AfV\ Notary Public in an or the State of Texas CAROLYN TRICHEL My commission expires Notary Public ' Com. State y/o~FTe,~xe/,s3 /y0/,~ Easement Agreement EAST BYPASS DEVELOPMENT GROUP and OUR SAVIOUR'S LUTHERAN CHURCH Page 11 of 12 10/18/2004 13:45 FAX 979 846 4725 HOELSCHER LIPSEY ELEMORE 10013/017 Executed this ` day of 2004, at College Station, Texas. Our Saviour's Lutheran Church of College Station, Texas, Inc. By: _ X~~ Al Nelson, President STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the day of © c-,k0 of College Station, Texas, Inc., 2004, by Al Nelson, President of Our Saviour's Lut7~. a Texas corporation, on behalf of the corporation. JOSHLIA BENN +~'~'YP NOTARY PUBLIC Not P lic ' of Texas # ` STATE OF TEXAS My co son expires ~°oF~ MY COMM. EXP. 9 05 2006 Easement Agreement EAST BYPASS DEVELOPMENT GROUP and OUR SAVIOUR'S LUTHERAN CHURCH Page 12 of 12 10/18/2004 13:45 FAX 979 846 4725 HOELSCHER LIPSEY ELEMORE meld *pate off r 11).64 a4r6 treat at parcel "I lead emmtatims of 16,07 ,.crea lyiat Asks laift altuataa .[r tAd ?tusr. "Rulknrr urvey-x Alateaat 9. ama li,lt+ o gres JYfrt end balm atimrtrd Jim the IforgoA Atecer L"I", Ustract 4d, aretoa count Joy, , TrMlAk eam 8y dWtta*! J luj;0m at fa 125.)& Axto trrOt ranvayw to %NwIme 14rrr thi Word It-WIN or Or6sea Cattily. Taxam; said traectesiaeiyalol~ 232, pap Sea at r.rry by 4914 KWA1{ by deal dute•+ A"t t. 1%3 eml recorded i sy ya n VuIW)yskd to iorrlrt I41 r.1 the Deed tacarar of wawa 4Snupa s ~pytMi~+te J,Vravi Nutak !pr 14dle Kul-IL by deed drt:d AuMuSt So 1962 Andai 1skat r rnt4 iein to unlave 230. )ado 662 at tier aaa,i aaaords of items Comacy, Tang W4 basal twte pa)tieatarly dsatrlLai by metro and bousam em rollucar aFf:tUNIAa 46 the Afar MmOt "woes at riff aterlaai4 111.76 more hart, amid Aboilrate 49 Md the tThcs a4Wtlk ra autVe1f, Ala mtt Horaall isetur 6"4"601, lw y, ahwtxet 91 tauct M 44"48'rt" It alAna Cho Afaras69o mtaeae Iffag" lint far r dlrtaatt as 1.974.aa [eat to r toarratr man~ht Ypr carper t11f14tit i 65008'616^ [ Coe a dtatAwca of 7,2DS,r7 feat to's ta[aar Pete ter raraeri ~ iitrllri a 40101W 9 for a dlotsim. e6 59430 fN6 0 ■ Rarest refit tat reratYl ?urbcs at 45017'83" V for A Jtatance at 3.3U.32 t,ar to s cetaer year ter ra f ~{kf 1ttENClt r 402h'SS" v rat a itatan" ar 167.1!16 fiat to Ae lean tai isr carman; TltkW99 8 44634'48' k toy A diaCanea .f i, wB.X' , rot m an time rod raft oornry. bald toroar Rion lyAAe is win 69w0fa c 1101-ar-opr 11rc of R county road, mWWR)g hwl" am ockasta Laael T!"il f 45o13"O r v 41-11 the Ar.reaaid *00thaxat rill`t-alwa 11aa of 19 nmt)r{it6a rDr ardiousee br 364.20 foow4 to a port for swear', paid paint A(rn a cf-tray lino of t6a poste Otah"y A "a lryposm. cOeveYti to 4160 6lritot or Tatar by arrow,. K-A-n, ra,.tar Isray, mad Hinn)o Nmacf 6r 4&" .rrorrad to aolnw 276. Pain 237 of ON drlns tatogaa ra artgta Caunty, trtaaer TRrrfJ: along tba atiorrarid cart rltla-o[~rq. SAD* of the t[mtr riiYwy A irtt Is3raf. for t6m fal.uvina MIJO. . t 0t0311'21" t for A 446taaca at 241-27 r"t to ■ awmFAt.. •amgmask !bar ai8ie INlat; t 15°16:602X" R ecr • di■ta..ca of +7"A fsat i4 a aafilrats anauaeoe tar art9 !wiper 1 9 11°10,38" t' sor ■ dtstaata of 17i.9L Anat. t4 a caor,Tat# a+oa,iaaat far AWN pul6t. $ 24°04,17„ 1 ter A amatalwe o) )64.19 [gee is ■ goncrtta •t+o..eeet for anrlr "Inc. A t11a96.17" x log ■ 43atansa or itl,f7 feat to a tasktretr boramest [rr now-W pn;-r.y e 8.3029.4]" W far s 41otmaae m[ 11.12 feet tin r mra4r Moot far *aroar,• rasa carmar WAA Sn the rent "tdiarly tiska bat a1w atarnsaaolaaod 12.+.14 agro `r ae t; TSRgIGC 1 43i611'I7" 1 41104 the fail part vtetrrly 115tr or the' !J3.34 it ft cram; fpi a 4►ataftow of 531.79 rant to t+.. FLACK OF fete mp1M8 Arq .Aala.,tialt t12.i4 agar a[ lard. tort of lope. 11111111IT "A". r I 1 I I y~iutttrn . I~ EI [in 014/017 i 1 1 I 1 I i 10/18/2004 13:45 FAX 979 846 4725 HOELSCHER LIPSEY ELEMORE I M015/017 A 1.52 ,acra tract or pBrOe'a. 3t Land, lying and being situated in the Thomas Caruthers Survbl., Abstract 170. 9 aiad in the ltabert stev~eatt Suxv'asy, Abstract No. station, brazod 00unty, Texas, and beixig a gate cat the ca13t3d. 7.626 acieSt Ctllage described iu the deed from C.5.,L. of Texan. Xnc., to COY-1990 Main Apartments, Ltd, as recorded in Volume 3697, Page 258, of the lUkicial Recorda of Brazos Countlr, Texas, and said 7.52 acre tract being wire particularly described as fallowa, H:313711TnUG at the 1/2" irQT1 rod fa7und marking the wear ooruer of the beforwontioned ?.626 acre tract in this northeast line aP State M574wny No. 6, same being at or near the west cbraer of the beforemarit:ioned Caruthere suxvey, from which a conc:reto right-of-way marker bears N 34` 3.6' 19M W - S.26 foot, and the west corner of a concreta vault: (OOH boat) bears N 45° Sol 230 L - 14.8 t4et; T»TCF! it 44° -AV 11° L along the noxthwost line of the befor mtione3 7.x39 acre tract, same being the movCheast line of the called 112.66 acre tract, Volume 428, Pegs 297, of the Deed Records of HxAzew County; Texas, and agme being along or near the common line betwaraa the befoarsrnantiound carutthiere Survey and the Morgan Vaatox Survey, Abatraat No-' 4d, adjacent Co. and northw•ent of a fe=a line, for a diatana* of 791.36 fact t4 a 1/3 iron rod sal- at the north corner of tha 7.924 aeare tract, GAME being the 0outherly west Corn*r of hot 0, Block 15, Woodcreek, section 4, gcoozNdims to tha plat recorded in Volume 1315, page 217, of tba Official Records of Brazom County, Wzav i MTCH sloxxg the CQ1=0n 3.i.ne between the beforementloRed 7.628 acre tract axle the beforementioned $Xock i5, Woodcra**k, Section 4, adjacent to a fence, as fellows, S 296 26' 574 S at a distance of 7.t76 beet, paze & ' I /211 iToa rod found sharking Ehe daurh corner of the be foee &ntioned I.Ot 6, Block 15, continue at fix a tate,l distance of 200.32 feet to a 1/2~ iron rod found in concretes-at the begipning of a curve, conc4va to the noi°theast, having a- radius of 510,00 feeb. 6P4th6&1St6r2y along saki curve for an arts length of 170.34 feet to a 1/2" iron ro4 found In concrete at the eud of rhie curve, the chord bo=a 8 37° 26' 561! B - 169.79 beet, S 45° 26, 56" B for a diet:ance of 115.91 feet to a 1/2■ iron rod found In gQncrete Marking the i89t 00-ner of the 7.626 acre tract, same being the south corner of Block 15, Woodcreok, 9dctiOrk 4, and lama being in the nortlwast fight-09-way litte of Woodureek Drive-701 right-of-Way) 2H914CR along the aoutheaet lino of the beforamentioned 7,628 acre tract, same being the uoxthwetat right-of-way lane e3' Woodureek Drive, as follotas: $ •45° 23' 33" W fur a di,ata-nca of 117.65 f6*t to a 1/2" iron rod faundd at: tA4p begiArdng Of a au: vs, aogC•ave to the northwest, having a radius of 765. o0 test, 66uthwesterly along said curve for an arc length of 2:x3.62 feet to a 112"iron Yod found at the end of t}is curves, than chord bears S 52° 331 05" W - 212.93 feat, EXHIBIT "B" 10/18/2004 13:46 FAX 979 846 4725 HOELSCHER LIPSEY ELEMORE IM016/017 S 60' 13' 05" W for a diatance of 2Ia.00 fret to a 1/2" iron rod found at the beginn'Lg of a ❑u•rve, concave tO the samtb, caving a radius of 960. Do feet, 'SouthWeHterly along said Curve Par an ara length of 19.65 feat to a 1/2" iron rod Not, the chord bears s 99` 57' 54" W- 19.65 feat; '.C1nwen zilvny th* average line of tt metal edging defining the limits of mainCpaance of thA Woodcraek Home Owaore Assvca~.tiQA ae follows, N 30' 37' 1a" W fox d distance of 443 feat to a 1/$h iron zod set, 5 70" 45' 45" W for a 040tanCA of 14.51 feat, 0 67° SO' 070 W for a distance of 12-6S feet, 3 56° 20' 540 V for a d,lata ca of 16.75 feet, 9 76° 631 33" W for i distance of 9.31 feet, * a5° 5B' 564 W fex a distcanc!e of 16.54 feet, N 83° Olt 00" V for a distance of 12.40 feet, e 87' ❑5' 14^ W for a distance of 41.30 feet, 9 95° 30, 01" W for a dxa;taudd of 17.86 feet, 9 77° 19' 15" W tor'a distance of 12.22 fact, a 60, 05' 20N w for a diatzancs of 6.15 feet to a 1/a" iron rod aet in the -northeast right-of-way line of State Higlhwuy No. 6; TMUCB BI 30" 16' 19" W along ilhe northeast right-of-way line of 9tata $ighws;y No. 6 for a distance of 870.16 feet to the PLACR OF B261X7-_X0, eontainiaig 7,52 acreN of land, more or lema_ 8XHIBIT "B"