HomeMy WebLinkAbout16 Gateway Access Rd. 03-92KLING ENGINEERING & SURVEYING
C1'.~0
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4101 Texas Avenue, Suite A
Bryan, Texas 77802
TO: City of College Station
ATTENTION: Bridgette George
WE TRANSMIT:
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Consulting Engineers • Land Surveyors P.~34
Bryan, Texas 77805
Email: stewart@klingeng.com
Tel. 979/846-0212
Fax 979/846-8252
DATE: December 15, 2003
PROJECT NO.:
PROJECT NAME: Gateway Access Road
REFERENCE:
THE FOLLOWING :
D Prints
.f Copies
D Originals
0 Plat
0 Field Notes
0 Plans
0 Report
D Estimate
0 Cut Sheets
0 Computer Printout
OFile
0 Contract
D Other
Site Plan
FOR :
.f Your Review & Approval
O Your Review & Comment
0 Your Review & Distribution
O Your Review, Revision & Return
O Your Signature & Return
O Your File and/or Use
O As Requested By:
0 Please Acknowledge Receipt of
Enclosures
0 Please Return Enclosures To
O Copies Of This Letter Of Transmittal
Sent To:
NO. DESCRIPTION
2 sets of construction plans
If Enclosures Are Not As Noted
Please Notify Us At Once.
Signed: Fred Paine ~
KLING ENGINEERING & SURVEYING
Consulting Engineers • Land Surveyors
4101 Texas Avenue, Suite A
Bryan, Texas 77802
Memo:
B.J. Kling, P.E., R.P.L.S.
S.M. Kling, R.P .L.S.
Telephone 979/846-6212
Fax 979/846-8252
Post Office Box 4234
Bryan, Texas 77805
December 15, 2003
To: City of College Station
Development Services
c/o Bridgette George, Asst. Development Manager
From: Fred Paine ~
Re: Gateway Access Road -Site Plan
City Case# (03-00500300)
Response to Staff Review Comments #1
Planning Comments:
1. Revision -Proposed future parking & drives removed -Intent was to show
where future access points are proposed as this had relevance on the
designed pavement width .
2. Revision -Location & notation provided on plan
Engineering Comments:
1 . Acknowledged -to be provided
2. Plan is in compliance with drainage report prepared by Bury & Partners, June
2003 for Gateway Subdivision Phases 2-4 . Currently, a portion of Phase
1 and the area of the new access road do not drain to the pond. To
accommodate this temporary condition, the inlet backs are to remain open
and the storm sewer crossing will experience reverse flow. At the time of
adjacent Phase 1 development, storm sewer will be connected to the
eastmost inlet box, the backs of the boxes closed and routed to the detention
pond .
3. Revision -grading and notation provided
4 . Revision -Berm is part of the plan as a temporary condition. Future Phase 1
development will incorporate a curb to function in the same way as the berm .
Refer to (2) above for temporary drainage explanation.
5. Revision -Berm relocated to avoid conflict with SSMH and other Utilities.
6 . Refer to (2) above. Storm sewer pipe to be installed to flow eastwards in
accordance with current drainage report.
7 . Conflict uncertain -to be field verified & line extended if necessary.
8. Revision -additional silt fencing shown, sediment trap grading shown
9. Proposed discontinuity of sidewalk in this area. Crossing to be constructed
either on site development of Phase 3 or when adjacent Phase 1 storm sewer
is constructed & backs of inlets closed .
(('1 DEVELOPMENT PERMIT
PERMIT NO. 03-92
Project: GATEWAY ACCESS ROAD
COLLEGE STATION FOR AREAS OUTSIDE THE SPECIAL FLOOD HAZARD AREA
RE : CHAPTER 13 OF THE COLLEGE STATION CITY CODE
SITE LEGAL DESCRIPTION:
GATEWAY
FUTURE PHASE 3
DATE OF ISSUE: 1/06/04
OWNER:
DAVID SCARMARDO
1289 NORTH HARVEY MITCHELL PKW
BRYAN , TX 77805
SITE ADDRESS:
1401 UNIVERSITY DRE
DRAINAGE BASIN:
Carter's Creek
VALID FOR 9 MONTHS
CONTRACTOR:
TYPE OF DEVELOPMENT: Full Development Permit
SPECIAL CONDITIONS:
All construction m ust be in compliance with the approved construction plans
All trees required to be protected as part of the landscape plan must be completely barricaded in accordance with Section
7.5 .E., Landscape /Streetscape Plan Requirements of the City's Unified Development Ordinance , prior to any operat ions of
th is permit. The cleaning of equ ipment or materials with in the drip line of any tree or group of trees that are protected and
required to rema in is strictly prohibited . The disposal of any waste material such as , but not limited to , paint , oil , so lvents ,
asphalt , concrete , mortar, or other harmful liquids or materials within the drip line of any tree required to remain is also
prohibited .
TCEQ PHASE II RULES IN EFFECT
The Contractor shall take al l necessary precautions to prevent silt and debris from leaving the immediate construct ion site
in accordance w ith the approved eros ion control plan as well as the C ity of College Station Drainage Policy and Design
Criteria. If it is determined the prescribed erosion control measures are ineffective to retain all sed iment onsite , it is the
contractors responsibility to implement measures that will meet City , State and Federal requirements . The Owner and/or
Con tr actor shal l assure that al l disturbed areas are sodden and establishment of vegetation occurs pr ior to removal of any
silt fencing or hay bales used for temporary erosion control. The Owner and/or Contractor shall also insure that any
disturbed vegetat ion be returned to its original condition , placement and state . The Owner and/or Contractor shall be
respons ible for any damage to adjacent properties , city streets or infrastructure due to heavy machinery and/or equ ipment
as we ll as erosion , si ltation or sedimentation resulting from the permitted work .
In accordance w ith Chapter 13 of the Code of Ordinances of the City of College Station , measu res shall be taken to insure
that debris from construct ion , erosion , and sedimentation shall not be deposited in city streets , or existing dra inage
facilit ies .
I hereby grant t his permit fo r development of an area outside the special flood hazard area . All deve lopment sha ll be in
accordance with the plans and specifications submitted to and approved by the C ity Engineer in the developmen t permit
appl ication for the above named project and all of the codes and ordinances of the City of College Station that apply.
Date
(
FOR OFFICE USE ONLY~
P&Z CASE No.03-2a)
SITE PLAN APPLICATION
MINIMUM SUBMITTAL REQUIREMENTS
_..;_ Site plan application completed in full.
_..;_ $200 .00 Application Fee .
_../_ $200 .00 Development Permit Application Fee .
DATE SUBMITTED: 1\-d\-{)3
__ $600 .00 Public Infrastructure Inspection Fee if applicable . (This fee is payable if construction of a
public
waterline, sewerline , sidewalk, street or drainage facilities is involved .)
_../_Eleven (11) folded copies of site plan
__ One (1) folded copy of the landscape plan .
__ One (1) copy of building elevation required for buildings with a footprint of 20 ,000 sq . ft. or greater
__ A list of building materials for all facades that are visible from the public right-of-way.
_../_A copy of the attached site plan checklist with all items checked off or a brief explanation as to why they
are not checked off.
__ Parkland Dedication requirement approved by the Parks & Recreation Board , please provide proof of
approval (if applicable).
Date of Preapplication Conference: _______________________ _
LEGAL DESCRIPTION Portions of Gateway Subdivis ion Phase 1 and proposed Phases 2 and 3
APPLICANT/PROJECT MANAGER 'S INFORMATION (Pr imary Contact for the Project):
Name David Scarmardo -Brazos Gateway Place Developmen t, Ltd .
Street Add ress 1289 North Harvey Mitchell Parkway
State TX Zip Code ____ 7_78_0_5_
Phone Number _,(...=.9..:....79=....)_,_7..:....79=--_,_7=20"""'9,___ _____ _
PROPERTY OWNER'S INFORMATION :
Name same as app licant above
City Bryan
E-Mail Address david@scarmardofoods.com
Fax Number (979)822-1763
Street Add ress -------------------City -----------
State _____ Zip Code _____ _
Phone Number ___________ _
ARCHITECT OR ENGINEER 'S INFORMATION :
Name Kl ing Engineering & Surveying
Street Address 4101 S. Texas Ave . Suite A
State TX Zip Code ---~7~78~0=2-
Ph one Number _,(""'9..:....79=-<)=8_,_46=---=-6=21..:...=2=--------
6/13/03
E-Mail Address -------------
Fax Number _____________ ~
City Bryan
E-Mail Address stewart@klingeng .com
Fax Number (979)846-8252
l of6
OTHER CONTACTS (Please specify type of contact, i.e . project manager, potential buyer, local contact, etc .)
Name ----------------------------------
Street Address ------------------City -----------
State _____ Zip Code _____ _ E-Mail Address -------------
Phone Number Fax Number _____________ _
CURRENT ZONING C-B --------------------------------
PRESENT USE OF PROPERTY __ v_a_c_a _n t _____________________ _
PROPOSED USE OF PROPERTY concrete road I drive
VARIANCE(S) REQUESTED AND REASON(S) _n_/_a ________________ _
#OF PARKING SPACES REQUIRED n/a #OF PARKING SPACES PROVIDED n/a -'----
MUL Tl-FAMILY RESIDENTIAL PARKLAND DEDICATION
Total Acreage ____ _ #of Multi-Family Dwelling Units
Floodplain Acreage __ _ _ __ ' x $452 = $ --------
Housing Units ____ _ _ __ # of acres in floodplain
___ # of 1 Bedroom Units # of acres in detention
# of 2 Bedroom Units ---___ # of acres in greenways
# of 3 Bedroom Units ---__ date dedication approved by Parks
Board
___ # of 4 Bedroom Units COMMERCIAL
FOR 2 BEDROOM UNITS ONLY Total Acreage _______ _
___ # Bedrooms = 132 sq . ft. Building Square Feet ____ _
___ # Bedrooms < 132 sq . ft. Floodplain Acreage _____ _
NOTE: Parkland Dedication fee is due prior to the issuance of a Building Permit.
The applicant has prepared this application and certifies that the facts stated herein and exhibits attached
~d~
Signature of Own~r. Agent or Applicant
November 21, 2003
Date
6/13/03 2 of 6
. .
SUPPLEMENTAL DEVELOPMENT PERMIT INFORMATION
Application is hereby made for the following development specific site/waterway alterations :
construction of privately maintained access drive
ACKNOWLEDGMENTS:
1, David Sc arm ardo , design engineer/owner , hereby acknowledge or affirm that:
The information and conclusions contained in the above plans and supporting documents comply with the current
requirements of the City of College Station , Texas City Code , Chapter 13 and its associated Drainage Policy and Design
St rds . As a condi · of approval of this permit application, I agree to construct the improvements proposed in this
'ic lion t ~uments and the requirements of Chapter 13 of the College Station City Code.
opert Owner( ) Contractor
CERTIFICATIONS: (for proposed alterations within designated flood hazard areas .)
A.I, certify that any nonresidential structure on or proposed to be on this site
as part of this application is designated to prevent damage to the structure or its contents as a result of flooding from the
100 year storm.
Engineer Date
B. I, certify that the finished floor elevation of the lowest floor, including any
basement , of any residential structure , proposed as part of this application is at or above the base flood elevation
established in the latest Federal Insurance Administration Flood Hazard Study and maps, as amended.
Engineer Date
C. I, , certify that the alterations or development covered by this permit shall
not diminish the flood-carrying capacity of the waterway adjoining or crossing this permitted site and that such alterations
or development are consistent with requirements of the City of College Station City Code, Chapter 13 concerning
encroachments of floodways and of floodway fringes .
Engineer Date
D. I, , do certify that the proposed alterations do not raise the level of the 100
year flood above elevation established in the latest Federal Insurance Administration Flood Hazard Study .
Engineer Date
Conditions or comments as part of approval : ---------------------------
In accordance with Chapter 13 of the Code of Ordinances of the City of College Station, measures shall be
taken to insure that debris from construction , erosion, and sedimentation shall not be deposited in city streets,
or existing drainage facilities .
All development shall be in accordance with the plans and specifications submitted to and approved by the City Engineer
for the above named project. All of the applicable codes and ordinances of the City of College Station shall apply.
6/13/03 3 of 6
03-300
J ~ -/Cf 'tJ.3
KLING ENGINEERING & SURVEYING / /: 3~
4101 Texas Ave., Suite A
Bryan, TX 77802
+Phone: (979)846-6212 +Fax: (979)846-8252 +Email: stewart@klingeng.com
FAX COVER SHEET
oATE: cz /1cr Io~ I I
Please deliver the following pages to:
NAME: s p€1}c.2:e. I 4oM/)~tV
FIRM: Cry c£-~ b ~..,;t?;rJ
FAXNUMBER: ~~~~~~~~~~~~~~
FROM:
We are transmitting 3 I page(s), including this cover letter from our fax number
listed above. If any pages are missing or incomplete, please contact sender.
Regarding: 6~ 4e<..-~S ~ -A c~s §A5F""',,,.vr-
l_ ta<\)$J1k.vrioc-J Ac ~4?'0S
OP-o:s-°)~
RECIPROCAL EASEMENT AGREEMENT
FOR A PARKING EASEMENT
AND AN ACCESS EASEMENT ON
ADJACENT TRACTS
This Reciprocal Easement Agreement for a Parking Easement and an Access Easement on
Adjacent Tracts (this "Agreement") is made as of the_ day of November, 2003, by and among
DELMAR BARONHEAD I, LTD. ("Delmar"), and BRAZOS GATEWAY PLACE DEVELOPMENT,
LTD. ("BGPD").
WHEREAS, Delmar owns certain real property situated in the City of College Station,
including but not limited to Lot 1A, Block 1, The Gateway, Phase I, according to replat recorded in
Volume 4998, Page 262, Official Records Brazos County, Texas (the "Delmar Parcel"); and
WHEREAS , BGPD owns certain real property situated adjacent to the Delmar Parcel, as
more particularly described on Exhibit "A-1" and Exhibit "A-2" attached hereto and made a part
hereof (collectively, the "BGPD Parcel"); and
WHEREAS, in furtherance of the development of the parties' respective parcels, BGPD
desires to grant an easement for parking on a portion of its parcel for the benefit of the Delmar
Parcel, and Delmar desires to grant an easement for ingress and egress on a portion of its parcel for
the benefit of the BGPD Parcel;
NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) in hand paid, the
reciprocal grants of easements herein contained, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Parking Easement. BGPD hereby grants to Delmar a non-exclusive easement on,
over and across that portion of the BGPD Parcel described on Exhibit "B-1" and shown on Exhibit
"B-3" attached hereto and made a part hereof (the "Parking Easement Tract") for the purpose of
providing automobile parking and ingress and egress to and from such parking areas and adjacent
portions of the Delmar Parcel. The parking spaces within the Parking Easement Tract shall be
paved in concrete, striped and lighted in compliance with all applicable requirements of the City of
College Station, Texas (the "City").
2. Access Easement. Delmar hereby grants to BGPD a non-exclusive easement on,
over and across that portion of the Delmar Parcel described on Exhibit "B-2" and shown on Exhibit
"B-3" attached hereto and made a part hereof (the "Access Easement Tract") for the purpose of (a)
constructing that portion of the roadway, depicted on Exhibit "C" attached hereto and made a part
hereof, that lies on the Delmar Parcel (the "Roadway"), and (b) providing vehicular and pedestrian
access to and from the BGPD Parcel and the Roadway. The Roadway to be constructed within the
Access Easement Tract shall be graded, paved in concrete and lighted in compliance with all
applicable requirements of the City. BGPD may construct no more than two curb cuts on the
Roadway and two access drives on the Access Easement Tract to provide access between the
Roadway and the BGPD Parcel.
RECIPROCAL EASEMENT AGREEMENT
FOR A PARKING EASEMENT AND
AN ACCESS EASEMENT ON ADJACENT TRACTS
1
3. Approvals. Prior to obtaining permits and approvals from the City for improvements
within the respective easement tracts described above, each party shall obtain the other party's
approval (which shall not be unreasonably withheld, conditioned or delayed) of such party's plans
and specifications for its improvements, including, without limitation, grading and drainage of each
easement tract. Each party shall cooperate with the other party's efforts to obtain approvals from
the City as expeditiously as possible.
4 . Construction . BGPD shall be responsible, at its sole risk, cost and expense, for the
construction of the road improvements within the Access Easement Tract in accordance with plans
and specifications approved by Delmar and the City. Likewise, Delmar shall be responsible, at its
sole risk , cost and expense, for the construction of parking area improvements within the Parking
Easement Tract in accordance with plans and specifications approved by BGPD and the City.
5. Duration of Easements; Subsequent Conveyances. The easements granted herein
shall run with the land benefitted thereby, and shall be valid and subsisting so long as the owners or
occupants of the benefitted parcels use or intend to use such easements for their stated purposes .
Notwithstanding the foregoing, the parties contemplate that, in the near future, Delmar will acquire
fee simple title to the Parking Easement Tract from BGPD , and BGPD will acquire fee simple title to
the Access Easement Tract from Delmar. As a condition to Delmar's conveyance of the Access
Easement Tract to BGPD, BGPD agrees to enter into an agreement with Delmar, in recordable
form, which, among other things, grants a non-exclusive, perpetual access easement over the
Access Easement Tract for the benefit of the remainder of the Delmar Parcel and certain adjacent
properties. Following execution and delivery of the deeds conveying such fee simple tracts to the
parties hereto and the agreement granting said access easement for the benefit of the Delmar
Parcel and certain adjacent properties, Delmar will, upon BGPD's written request, join in executing
an instrument terminating this Agreement.
6. Temporary Construction Easement. In addition to the access easement granted
herein, Delmar hereby grants to BGPD a temporary easement to enter and use so much of the
surface of the Delmar Parcel adjoining the Access Easement Tract as may be reasonably necessary
to construct the Roadway on the Access Easement Tract, and such temporary easement shall
remain in effect until the access easement construction work is completed.
7. Counterparts. This Agreement may be executed in two or more identical
counterparts, each of which shall be deemed an original, and all of which together shall constitute
one and the same instrument.
8. Exhibits. All exhibits referred to in this Agreement are attached hereto and
incorporated herein by reference for all purposes.
IN WITNESS WHEREOF, the parties have executed this Reciprocal Easement Agreement
for a Parking Easement and an Access Easement on Adjacent Tracts to be effective as of the date
first set forth above.
SIGNATURES BEGIN ON FOLLOWING PAGE
RECIPROCAL EASEMENT AGREEMENT
FOR A PARKING EASEMENT AND
AN ACCESS EASEMENT ON ADJACENT TRACTS
THE STATE OF TEXAS
COUNTY OF /3R./JZOS
BRAZOS GATEWAY PLAC DEVELOPMENT, LTD.
By: PD an LC, its general partner
§
§
~
RDO, Manager
Lienholder, as the holder of lien(s) on the fee simple title to the Parking Easement Tract,
subordinates its lien(s) to the easement granted in such tract and consents to the Reciprocal
Easement Agreement for a Parking Easement and an Access Easement on Adjacent Tracts.
THE STATE OF TEXAS
COUNTY OF ___ _
PLANTERS & MERCHANTS STATE BANK
By : _____________ _
Name:
------------~ Title: --------------
§
§
(ACKNOWLEDGMENT)
This instrument was acknowledged before me on the day of November, 2003 , by
of Planters & Merchants State Bank . -------
Notary Public, State of Texas
SIGNATURES CONTINUE ON NEXT PAGE
RECIPROCAL EASEMENT AGREEMENT
FOR A PARKING EASEMENT AND
AN ACCESS EASEMENT ON ADJACENT TRACTS
THE STATE OF TEXAS
COUNTY OF /3R.f)20~
BRAZOS GATEWAY PLACE DEVELOPMENT, LTD.
By: PD an LC, its general partner
§
§
-~
RDO, Manager
Lienholder, as the holder of lien(s) on the fee simple title to the Parking Easement Tract,
subordinates its lien(s) to the easement granted in such tract and consents to the Reciprocal
Easement Agreement for a Parking Easement and an Access Easement on Adjacent Tracts .
THE STATE OJ= JEXAS
COUNTY OF u .ec tson
PLANTfiRS & MERCH~NTS STATE BANK .
By: ~-d'~
N.am(/ -r::C--n,. t=J Pt>r c>-v.: L
Title: A e, ..-.!~ ,..,r
(ACKNOWLEDGMENT)
SIGNATURES CONTINUE ON NEXT PAGE
RECIPROCAL EASEMENT AGREEMENT
FOR A PARKING EASEMENT AND
AN ACCESS EASEMENT ON ADJACENT TRACTS
DELMAR BARON HEAD I, LTD.
a Texas limited partnership
By: Delmar Baronhead GP #1, LLC,
its general partner
By:
THE STATE OF TEXAS §
COUNTY OF 2>Ail.AS §
(ACKNOWLEDGMENT}
. ~
This instrument was acknowledged before me on the ~~ay of Se13tember, 2003, by
Frank Mihalopoulos, President of Delmar Baronhead GP #1, LLC, general partner of DELMAR
BARONHEAD I, LTD., on behalf of said limitTd~
,,-:-:;:.~t:;,,, ~1-RON s1,.1M0Ns ~State of Texas
~ ~ :~\~; No1 ~ry Puh'ic, S'.J'.e of Tnxa s
~:,._,\~/:.:-ff My comm ission Expires 06-27-04 ,., ..... "'+ .. ,,,:,~(,~~~"'' L,:::::::~--€~~m"~ D SUBORDINATION BY LIENHOLDER
. Lienholder, as the holder of a lien(s) on the Access Easement Tract, subordinates its
lien(s) to the easement granted in such tract and consents to the Reciprocal Easement
Agreement for a Parking Easement and an Access Easement on Adjacent Tracts .
THE STATE OF TEXAS
COUNTY OF -----
THE FIRST NATIONAL BANK OF BRYAN
By: _____________ _
Name: -------------Ti tie: --------------
§
§
(ACKNOWLEDGMENT)
This instrument was acknowledged before me on the day of September, 2003, by
-------of The First National Bank of Bryan.
Notary Public, State of Texas
RECIPROCAL EASEMENT AGREEMENT
FOR A PARKING EASEMENT AND
4
AN ACCESS EASEMENT ON ADJACENT TRACTS
DELMAR BARONHEAD I, LTD.
a Texas limited partnership
By: Delmar Baronhead GP #1, LLC,
its general partner
By:
THE STATE OF TEXAS § (ACKNOWLEDGMENT)
COUNTY OF ::bttJJ..AS §
This instrument was acknowledged before me on the ~~ay of~ 2003, by
Frank Mihalopoulos, President of Delmar Baronhead GP #1, LLC, general partner of DELMAR
BARONHEAD I, LTD., on behalf of said limited pa nership. -
Lienholder, as the holder of a lien(s) on the Access Easement Tract, subordinates its
lien(s) to the easement granted in such tract and consents to the Reciprocal Easement
Agreement for a Parking Easement and an Access Easement on Adjacent Tracts .
THE STATE OF TEXAS
COUNTY OF B ( ~W5
THE FIRST NATIONAL BANK OF BRYAN
§ (ACKNOWLEDGMENT)
§
-~D\Jl~{ (
ed before me on the :J l day of Se!'ter 11ber, 2003, by
The First National Bank of Bryan.
e LINDSAY M. BALDWIN
Notary Pubic, State of Texas
My CommiUlon Expires
NOVEMBER 13, 2006
RECIPROCAL EASEMENT AGREEMENT
FOR A PARKING EASEMENT AND
AN ACCESS EASEMENT ON ADJACENT TRACTS
JM. ~
of Texas
4
MEn:s AND BOllNDS DESOUPI'ION
OFA
19.81 ACRE TBACI"
RICH.ARD CARTEB StlRVEY,.A-8
COLLEGE STATION,JmAZOS COUNTY, 'IEXAS
METES AND BOUNDS DESCRlP'I'lON OF AU. THAT CER.TAINTRACT OR.PARCEL OF LAND L YlNG
AND BEING SITUATED IN TEE RICHARD CAR.TER.SUR.VEY • .ABSIPJiCTNO. 8, COIJ..EGE STATION,
BRAZOS COUNTY,. 'I'EXAS. SAID TRACT BEING APORlICN OF A CALI.ED 25.566 ACXE TRACT AS
DESCRIBED BY A DEED TO STANI.....-='YD.lUJSENBERGRECORDED INVOLUME3360> PAGE 196 OF
THE omCIALPUBUC RECORDS OF BRAZOS COUNTY. TEXAS.
SAID '!RACTBEINQ MOREP.AR.T!CULARLYDESCRJBEDBYMETES AND BOUNDS AS FOLLOWS:
. . .
. BEGINNING AT A 3/8 lNCHlRCN ROD ~OUND ON nm SOUTimAST LlNE OF A CALLED 50 ACRE
'TRACT As DESCRIBED BY .A.DEED TO THE CITY OFBR.YANRECORDl!DlNVOLUME 133,PAGE 607 OF
!HE DEED RECORDS OF BltAZOS COUNTY. ~ ~G THE WEST CORNER OF SAID 2.5.565
ACRE TRACT AND A NOltTHE.AST COXNER. OF BLOC::·~. UNIVERSITY P.All II S'CJBDMSION,
ACCORDING TO THE PLATllCO'RDED IN VOLUME 117,l' AGE3i4 OF THE omCIAL RECORDS OF
BRAZOS COUNIY,, TEXAS;
THENCE: N 41 • 28' 19" E .ALONG 1'lm COMMON L1NB OF SAID 25.566 ACRE T.RACT .AND SAID 50
ACRE TRACT FOlt A DISTANCE OF isoo.06 FSTTO A %INCH lB.CN ROD FOUND MARKING 'Im:
NOR.TH CORNER. OF SAID :ZS.S&liACR.ETRACT .AND 'l'BEMOSTNOR.TBERLYWEST CORNER. OF LOT
l.BLOCKl, THEGATBWAY.ACCORDINGTOTBEPLA.TlECORDlmlNVOLUME3663.PAGE3130F
THE OFFlClALPUBUC:R.ECORDS OF:BRAZOS COONTY, 1EXAs (THISIJNEWASUSED FORBEARING
ORIENTATION HONORING THE DEED CALL lmA:RJNG OF SAlD 25.566 TRACT, 3360/196);
. ,
TRENCE: S 33• 39' SJ" E ALONG THE COMMON LINE OF SAID 25.566 ACRE TR.ACT AND THE
GATEWAY FOltA DISTANCE OF 678.&7 FEET TO A* INCH IR.ON ROD FOUND MAIU:ING AN EA.ST
CORNER OF SAlD 25.566 ACRE TRACT .AND ANINT.ERIOR. CORNER. OF SAID LOT 1, BLOCK l, THE
GATEWAY; . -.
THE:NCE: S 4Z • 32' 14" W CON'I1NUING ALONG TRE COMMON LlNE OF SAID 25.566 ACRE TRACT
AND 1'HE GATE.WAY FORA DISTANCE OP 707.lS FEET TO A YilNCHlRONROD FOUND MARKING
AN ANGLE-POINT IN S:AID LINE; .
THENCE: S 41 • 37' 01" W CONTlNtJING ALONG nm COMMON LINE OF SAID 2.5.566 ACRE TR.ACT
AND 'tHE G..A .. '!'£'.VAY .FORA Dl'ST~...NCE OF 17~.03 FEETTO A *lNClilRON RfiD FOUND MAIUcrNG
. ANIN!ERIOR.EAST CORN.ER. OP SAID 25.566 ACRE TRACT .AND THEMOSTWES!ERL Y CORNER OF
SAID LOT 1~ ~LOCK 111 THE GATF»lAY;
THENCE: S 41•40'27" WTBROUGRSAID 25.566 ACRETBACTFOR..A.DISTANCE OF 213.94 FEET TO
A ~INCH IRON ROD FOUND MARXING AN ANGLE POlNl' IN THE SOUTH LINE OF THIS HEREIN
DESCRIBED TRACT;
THENCE: S 04 • 47' 16" W CONTINtJING THROUGH SAlD 25.566 ACRE TRACT FORA DISTANCE OF
294.7'2 FEET TO .A~ INCH IRON ROD FOUND ON THE COMMON LINE OF SA.ID 25.566 ACRE TRACT
AND UNIVERSITY P.ARX II SUBDIVISION MARKING !HE scum CORNER OF THIS HEREIN
EXHIBIT
i A-1
DESCRIBED TRACT;
THENCE: N 41 • 26' ID"' W ALONG Tlm COMMON LINE OF SAID 25.56& TRACT AND tlNIVEP..srrY
PARK II SUBDMSlON FOR A DISTANCE OF 744.04 . FEET TO THE POINT OF BEGINNING
CONTAINING 19.SlACRESOFLAND.MOREOIU..ESS,.ASstJR.VEY.EDON'IBEGROUND~
2002. SEE PLAT PREPARED SEP~ 2002.POR.MOlE DESClUPTIVE INFORMATION.
BRADKERR.
:REGIST.ER:ED PROFESSIONAL
LAND SUltVEYO:R.No. 4502
D:/WORX'JMAB/02-0980A.MAB
-
METES AND BOlJNJJS DDaIPIION
Q)"A
5.o ACRE 'IRAC'l'
.RICtUtD CARn:a stra~. A-&
COLLEGE SI'A.llON, J!RAZO!i COUNTY, TEXAS
N.:stES AND BotJNNDESCJUP?ION OF AU. mATc:mttAJN'l'ltACTOJU'.4.llQiLOFLAND
L YlNG AJtm BEING SfJ'UAlED IN nm lUarAlm CAJtlER. .stlltvn' .. ABST1V.c'l" NO. a,
cor l EG! STATION, BJtAZOS COUN1Y, 1'EXAS. SAID DA.er BEING A l'OJlDON OF A
CAU.ED 25.566 ACRE nACr AS DESCIUBED BY ADEE!D TO STANIB\'D. lU>SENBSRG
IECCRDEI> INVOLt.1MEll60.l'AGE 196 Ol''IBE omCALPtJBLICllECOlU)S OFBJt.\ZOS
COUNTY, mxAS.
SAID TRACT BEING Mell l'AllTICtl'LULY DBSCIUBEll BY MBIES AND BOUNDS AS
.FOU.OWS;
JlEGINNJNGA.T A ~lNCIDUJNllOD POtlNJl ON 'ISENCD:IBWESTilNE DFUl\"IVElWTY
DBJVB ~.M. 60· V~BIEWIDmlt..O.W.)MAJUCINGTH!sourHWESI'C01tNEllOP'SAID
2S.S66 ACRE 'IllACT A.ND 1BE EAST COMNlDl OP BLOCK ""Y", tJNIVERSlTY P.UX D
SUBDIVISION. ACCOJDINO TO 'UIEPLATRECmmm INVOI..OME 117. PAGE. 314 OF nm
omCAL RECORDS OF BllAVJS COUN!Y, TEXAS;
TIIENO!: N .&1• "}Jj" 10• W ALONG mB CCMM~LlNC OE SAID 2S..566 AcaE 'IllACT .&U;'Il
tJNMm..Sn"Yl}3.X.llSUBJlIVISIONf01t.ADlSTANCB CF301.17'FEETTO A *lNCHillON
llDD FOUND ~'RICING?BJ! MOSTWESTm.U..Y COJNEIL OF 1lllS BEllEEN'!lESOJBPD
lllACI'. POllKEFamlC:ZA.3/ltNCBJRONll.OOPOUNI>M.UiaN'.i11mWEST CCKNEll~
SAID l!.566 ACN! lltACTBJ!ilS: N 41• 26' ,o•WfOltADISTANCB OP744,04 PDTn.oM
WHICH A~ mca IltON ROD fOUND MAUING llIE NOlttll CCDIER. DE SAID 25.566
AC3E lllACTBEAllS: N 41•21' tJ•IlmllA.DISTANC:Z a; 1500,0&!El!T (DDS LINE WAS
USED Pml BBAJlING OJUENTA.110N HCNOIUNG mE llEED CALL BP 'BJNG OF ~
25 • .566 TllACI', Jl6all96);
'DIENCE: N04• 41' 115•2'1'BlLDtJGHSAD>2S.566ACRE mAC'l'l1Cltl\DISTANCE OF294.72
RETTO 4 ~INCBmcN:acDFOtlNDMAU!?lGANANOl.EPOINTrnmNOR:IBWEST
L1NB OltmSRPREINDBSOTSliD~ :
T.BEMCE: N 41• 40' 21• .B CONTJNUlNG 'DDt.DUGH SAlD 1S.Sfi5 .ACBB 1'llACT FOR. A
DIS:'ANC:Z OF:il3.94 F.EEITOA MINCKDONR.ODFOUNDMAUINGANJNmlUDllEAST
CCRNEll OF SAID 25..566 ACIE DACT AND AN EXTElUClt. W8ST COINER. OF LOT 1,
BLOCX 1,, nm GATBWAY, ACCOJmlNG'IO'tHBPLU'JU'I X nt(JRDJNvm..tJM63"3, 'PAGE
313 . OP nm omCIALl'lmtlCUCOllDS OFU uos COtlNIY. 1liXAB:
TBENCE: S 41• 21' oiJ• E ALONG TJm COMMON LINE OP SAID .15.566.A.CllE mACr AND nm GA'reWAYFOlit.ADISTA.NCI! OF7l~.711'EETTO A ~INammNlUlDHlllNDONTHE
NClllTB'WESTLIN£ OFUNIVmtm"YDlUVEMAnINGmESOU'IBEASI' CC$NER.QF SAID
EXHIBIT
A-.1'.
,..-----~----·----
-
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II
Jamil Boukarim
0.13 Acre Exchange Tract
Richard Carter Survey, A-8
College Station, Brazos County, Texas
Field notes of a 0.13 acre tract or parcel of land, lying and being situated in the
Richard Carter Survey, Abstract No. 8, College Station, Brazos County, Texas, and
being part of the 5. 69 acre tract described in the deed from Stanley D. Rosenberg to
Jamil Boukarimrecorded inVolume4844, Page27, of the Official Records of Brazos
County, Texas, and being more parti~larty described as follows:
BEGINNING at the %"iron rodfound marking the common comer between the
beforementioned 5.69 acre tract and Lot 1 A -16.997 acres, Block 1, Replat and
Subdivision Plat establishing Lots 1A, SA, 9, 10and11, Block 1, of Gateway Phase
1, according to the plat recorded in Volume 4998, Page 262, of the Official Records
of Brazos County, Texas, said%" iron rod being in the northwest right-of-way line of
University Drive East, also known as Farm to Market Road No. 60;
TH EN CE S 78° 17' 13" W along the northwest right-of-way line of University
Drive East for a distance of 81.11 feet to a %" iron rod set in the east line of a
proposed 70' private access and public utility easement;
TH ENCE N 19° 40' 46" W along the east line of a proposed 70' private access
and public utility easement for a distance of 137.46 feet to a~" iron rod set in the
common line between the beforementioned 5.69 acre tract and Lot 1A-16.997 acres,
Block 1;
THENCE S 48° 03' 22" E along the common line between the befo~mentioned
5.69 acre tract and Lot 1A-16.997 acres, Block 1 fora distance of 169.01 feet to the
PLACE OF BEGINNING, containing 0.13 acre (5520 fi2) of land, more or less.
Prepared 09/12/03
kes03-04a:\boukarim0.13ac.wpd
Surveyed September 2003
KLING ENGINEERING ANO SURVEYING
BRVAN TEXAS
·EXHIBIT
I 'B-1
II
~ -----~
DATE :
PARTIES :
ROAD CONSTRUCTION AND MAINTENANCE AGREEMENT
October_, 2003
DELMAR BARON HEAD I, LTD. ("Delmar")
15900 Dooley Road, Addison, TX 75001
BRAZOS GATEWAY PLACE DEVELOPMENT, LTD. ("BGPD")
1289 North Harvey Mitchell Parkway, Bryan, TX 77803
PROPERTIES :
A. Access Easement: All or that portion of that property (the "Access Easemenf')
described as the Easement Tract in the Amendment of Declaration of Easement, Access
Easement Agreement and Reserved Utility Easement recorded in Volume __ , Page
__ of the Official Records of Brazos County, Texas, over which a road ("Road") will be
constructed. Such Easement Tract is described on Exhibit "A-1 ". The purpose of the Road
and Access Easement is, in part, to provide free and uninterrupted pedestrian and
vehicular ingress and egress to and from the Appurtenant Properties, and portions thereof,
to and from the public thoroughfare, which is currently known as Highway 60 (University
Drive), College Station, Brazos County, Texas.
8. Appurtenant Properties: The property owned by Delmar and more particularly
described as Lot 1A, Block 1, The Gateway, Phase 1, according to replat recorded at
Volume 4998, Page 262, Official Records, Brazos County, Texas (the "Delmar
Property"), the property owned by BGPD and more particularly described in Exhibit "B"
(the "8GPD Residential Property"), and the property owned by BGPD and more
particularly described in Exhibit "C" (the "BGPD Commercial Property").
RECITALS:
A. This Agreement is intended to provide a means for (1) properly maintaining the Road
and the Access Easement in a condition suitable to a first class multi-family and
commercial development and (2) sharing the costs of constructing and maintaining the
Road and Access Easement in a fair and reasonable manner.
8. The benefits and burdens of this Agreement shall run with the land which makes up the
Appurtenant Properties, and shall be binding on and inure to the benefit of all parties having
any right, title or interest in such properties or any part thereof, their heirs, successors,
personal representatives and assigns.
AGREEMENT:
A . CONSTRUCTION OF ROAD.
1. Entrance Area. Delmar, at its cost, will construct that portion of the Road being
described as the "Entrance Area" on Exhibit A-2 (the "Entrance Area") in concrete, in
accordance with a design mutually agreed to by Delmar and BGPD and in accordance
with the City of College Station standards and specifications and the approved site plan.
All construction shall be done in a good, workmanlike manner using the ordinary and
customary means common for such work in the community in which the Access
Road Construction and Maintenance Agreement Page 1
Easement is located. Delmar will commence construction of the Entrance Area on or
before December 31, 2003, and diligently prosecute same to completion thereafter.
2. Remainder of Road. BGPD, at its cost, will construct the portion of the Road
described as the Remainder (the "Remainder") in concrete, in accordance with a design
mutually agreed to by Delmar and BGPD and in accordance with the City of College
Station standards and specifications and the-approved site plan . All construction shall
be done in a good, workmanlike manner using the ordinary and customary means
common for such work in the community in which the Access Easement is located.
BGPD will commence construction of the Remainder on or before December 31, 2003,
and diligently prosecute same to completion thereafter. In conjunction with BGPD's
construction of the Remainder, BGPD, at its cost, intends to construct two (2) storm
sewer inlets (the "Inlets") within the Access Easement. Delmar hereby consents to
BGPD's construction of the Inlets in the locations marked on Exhibit "A-2", provided that
BGPD shall be responsible for detaining and/or directing the flow of water through the
Inlets in compliance with applicable laws and regulations. At such time as Delmar
develops the portion of the Delmar Property adjacent to the Inlets, Delmar will, at its
cost, connect the Inlets to permanent storm sewer improvements to be constructed by
Delmar on the Delmar Property.
3. Scope of Construction . For purposes of this Agreement, the construction of a
portion of the Road shall include, without limitation, landscaping, sprinklers, curbs, curb
cuts and traffic signs corresponding to the portion of the Road being constructed.
4. Construction of Sidewalks . BGPD, at its cost, will construct sidewalks along the
Road that may be required by the City of College Station. Such sidewalks will be
constructed along the west side of the Road.
8. MAINTENANCE OF ROAD.
1. Maintenance of Entrance Area and Remainder. Each party agrees to pay its Pro
Rata Share (as defined below) of the costs of improving, repairing and maintaining the
Entrance Area and Remainder in a neat, clean and first class condition. Any repairs
shall be made with the type of surfacing material or other materials originally installed or
a substitute material that is equal in quality, appearance and durability. Any party having
an ownership interest in the Appurtenant Properties (the "Repairing Parties") may
coordinate and arrange for the improvement, repair and maintenance of the Road or
Access Easement and seek reimbursement from the other owners of the Appurtenant
Properties (the "Non-Repairing Parties") for their Pro Rata Shares of the costs. The
Repairing Party shall make such repairs in a good, workmanlike manner using the
ordinary and customary means common for such work in the community in which the
Access Easement is located and, after making such repairs, forward a statement to the
Non-Repa iring Parties itemizing the costs incurred. Each Non-Repairing Party shall
reimburse the Repairing Party for such party's Pro Rata Share of the improvement,
repair and maintenance costs within thirty (30) days of delivery of such statement. All
sums due for improvement, repair or maintenance costs which are not paid by a Non-
Repairing Party within thirty (30) days, including interest thereon at ten percent (10%)
per annum, shall constitute a lien on such Non-Repairing Party's property prior to all
other liens and encumbrances, except for: (a) all taxes and special assessments levied
by governmental and taxing authorities; and (b) all liens securing sums due or to
become due under any duly recorded third party mortgage vendor's lien or deed of trust.
Road Construction and Maintenance Agreement Page 2
2. Pro Rata Share. Each party's pro rata share ("Pro Rata Share") of the costs
incurred to repair, improve and maintain the Remainder shall be as follows:
a. BGPD for the BGPD Residential Property of 19.86 acres -33 .34%
b. Delmar for the Delmar Property of 16.997 acres -33.33%
c. BGPD for the BGPD Commercial Property of 5.69 acres -33.33%
In the event portions of the BGPD Residential Property, Delmar Property or
BGPD Commercial Property are transferred after the date hereof, the transferee's Pro
Rata Share shall be determined by multiplying a fraction, the numerator of which is the
area of land conveyed to the transferee and the denominator of which is the area of the
BGPD Residential Property, Delmar Property or BGPD Commercial Property of which
the transferred land is a part, by the applicable percentage set forth in 3.a, b. or c.
above . The transferee's Pro Rata Share will be adjusted accordingly. For example, if
BGPD, or its successor, transfers 5 acres of the BGPD Residential Property to XYZ
Corporation, XYZ Corporation's Pro Rata Share will be 5/19.86, multiplied by 33.34%,
equaling 8.39%, and BGPD Pro Rata Share for the BGPD Residential Property will be
adjusted to 24.95%.
C. MISCELLANEOUS:
1. Attorney's Fees . If either party retains an attorney to enforce the terms of this
instrument, the prevailing party is entitled to recover reasonable attorney's fees.
2. Amendment. This Agreement may be amended only by an instrument in
writing signed by the parties to be bound by it.
3. Binding Effect. This Agreement is binding upon and will inure to the benefit of
the parties hereto and their respective heirs or successors in interest or title.
Notwithstanding the foregoing, however, any such person shall be bound by this
Agreement only during the period such person owns an interest in any portion of the
Appurtenant Properties, and any such liability, in whole or in part as applicable, shall
terminate with regard to future events as of the date of the bona fide conveyance by
such person if all or a portion, as applicable, of its ownership in the Appurtenant
Properties .
4. Choice of Law. This Agreement is subject to and governed by the laws of the
State of Texas, excluding any conflicts-of-law rule or principle that might refer the
construction or interpretation of this Agreement to the laws of another state. Each party
submits to the jurisdiction of the state and federal courts in the State of Texas and to
venue in Brazos County, Texas.
5. Counterparts . This Agreement may be executed in any number of
counterparts with the same effect as if all signatory parties had signed the same
document. All counterparts are to be construed together and will constitute one and the
same instrument, and the signature pages of each document may be attached to one
instrument for convenience or for recording.
Road Construction and Maintenance Agreement Page 3
6. Effect of Waiver or Consent. No waiver or consent, express or implied, by
any party to or of any breach or default by any party in the performance by such party of
its obligations hereunder will be deemed or construed to be a consent or waiver to or of
any other breach or default in the performance by such party of the same or any other
obligations of such party hereunder. Failure on the part of a party to complain of any act
of any party or to declare any party in default, irrespective of how long such failure
continues, will not constitute a waiver by such _party of its rights hereunder until the
applicable statute of limitation period has run.
7. Further Assurances. In connection with this Agreement as well as all
transactions contemplated by this Agreement, each signatory party hereto agrees to
execute and deliver such additional documents and instruments and to perform such
additional acts as may be necessary or appropriate to effectuate, carry out and perform
all of the terms, provisions and conditions of this Agreement and all such transactions.
8. Legal Construction. If one or more of the provisions of this Agreement are
invalid, illegal or unenforceable in any respect, to the extent the invalidity or
unenforceability does not destroy the basis of the bargain among the parties, it will not
affect any other provision and this Agreement will be construed as if such iRvalid, illegal
or unenforceable provision had never existed. When required by the context, singular
nouns and pronouns include the plural and the neuter includes the masculine or
feminine gender. The Article and Section headings are for convenience of reference
only and are not intended to limit or define the text. This Agreement is not to be
construed more or less favorably between the parties by reason of authorship or origin of
language .
9. Notices. Any notice or communication required or permitted hereunder will be
deemed to be delivered, whether or not actually received, when deposited in the United
States mail, postage fully prepaid, registered or certified mail, and addressed to the
intended recipient at the address shown, and if not shown, then at the last known
address according to the records of the party delivering the notice. Notice given in any
other manner will be effective only if and when received by the addressee. Any address
for notice may be coanged by written notice delivered in the same manner.
10. Recitals. Any recitals in this Agreement are represented by the parties
hereto to be accurate, and constitute a part of the substantive agreement.
11. Time. Time is of the essence. Unless otherwise specified, alJ references to
"days" mean and refer to calendar days. Business days exclude all Saturdays,
Sundays, and federal banking holidays. In the event the date for performance of any
obligation falls on a Saturday, Sunday or federal banking holiday, that obligation will be
performable on the next following business day.
12. Exhibits. All exhibits referred to in this Agreement are attached hereto and
incorporated herein by reference for all purposes.
SIGNATURES BEGIN ON NEXT PAGE
Road Construction and Maintenance Agreement Page 4
DELMAR BARON HEAD I, LTD.
a Texas limited partnership
By : Delmar Baronhead GP #1, LLC ,
its general partner
By~~~
THE STATE OF TEXAS § (ACKNOWLEDGMENT)
COUNTY OF 7JAl..iJ45 §
cr11;.
This instrument was acknowledged before me on the~/ UCf'ay of October, 2003 ,
by Frank Mihalopoulos, President of Delmar Baronhead GP #1, LLC, general
partner of DELMAR BARON HE I, LTD., on ~,~ o( said limited partnership
/)7~~
o ary Public, State of Texas
SIGNATURES CONTINUE ON NEXT PAGE
Road Construc t1,Y 1 and Main tenance Agreement Page 5
BRAZOS GATEWAY PLACE DEVELOPMENT, LTD .
A Texas Limited Partnership
(ACKNOWLEDGMENT)
THE STATE OF TEXAS §
COUNTY OF BRR z.os §
2003, by DAVID W. SCARMARDO, Manager
DEVELOPMENT MANAGEMENT, LLC , a ....,_.,..,.....,
Partner of BRAZOS GATEWAY PLACE EV ~,_,,,___
partnership, on behalf of said partnershi .
'"""'' .,,$~~.'~~:::-..~ BARBARA GIESENSCHLAG f"::;:.t;;~ .. ~ Not ary Pub lic, State of Texas
\:~·"f5 ·~~j My Commiss ion Expires
'•··~f..~f.~~ ... • September 30, 2004
SIGNATURES CONTINUE ON NEXT PAGE
Road Con struction and Maintenance Agreement Page 6
CONSENT AND SUBORDINATION BY LIENHOLDER
Lienholder, as the holder of lien(s) on the fee simple title to portions of the
Delmar Property, consents to the above agreement and Lienholder subordinates its
lien(s) to the agreement, such that a foreclosure of the lien(s) will not extinguish the
rights and interests under the agreement.
THE .FIRST NATIONAL BANK OF BRYAN
THE STATE OF TEXAS § (ACKNOWLEDGMENT)
COUNTY OF BRAZOS §
Th is instrum nt was acknowledged before "»' o~ ~ .dl_ day otNgM~e_f'
2003, by ~o $(.~\cg J.G:S1~f of THE FIRST
NATIONAL BANK OF B AN on behalf of said nking institution.
e LINDSAY M. BALDWIN
Notary Public, State of Texas
My Commission Expires
NOVEMBER 13, 2006
SIGNATURES CONTINUE ON NEXT PAGE
Road Construction and Maintenance Agreement Page 7
CONSENT AND SUBORDINATION BY LIENHOLDER
Lienholder, as the holder of lien(s) on the fee simple title to portions of the BGPD
Residential Property, consents to the above agreement and Lienholder subordinates its
lien(s) to the agreement, such that a foreclosure of the lien(s) will not extinguish the
rights and interests under the agreement.
THE STATE OF TEXAS
COUNTY OF BRAZOS
(ACKNOWLEDGMENT)
· AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
Charles A. Ellison, P .C.
P . 0. Box 101013
College Station, TX 77842-0103
ROAD MAINTENANCE AGREEMENT:
Charles A . Ellison, P.C.
P. 0. Box 101013
College Station, TX 77842-0103
AMONG DELMAR BARONHEAD I, LTD. AND
BRAZOS GATEWAY PLACE DEVELOPMENT, LTD.
Road Construction and Maintenance Agreement Page 9
MET.ES AND BOUNDS DESCRIPrION
OFA
19.at Aam T.RAcr
RICHARD CARIERSURVEY,A-8
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT ORP.AR.CEL OF LAND L YlNG
AND BEING snuATED JN THE RICHARD CART.ER.SURVEY.ABSTRACTNO. 8, COu.EGE STATION,
BRAZOS COUNTY, TEXAS. SAID 'IRACTBEING APORnON OF A CAllED 25.566 ACRE TRACT AS
DESCRlBED BY A DEED TO STANLEYD. ROSENBERG RECORDED IN VOLUME 3360, PAGE 196 OF
THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE P.AR.TICULARL Y DESCRlBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 3/8 INCH IR.ON ROD FOUND ON nm SOUTHEAST LINE OF A CALLED 50 ACRE
TRACT As DESCRIBED BY A DEED TO THE CITY OFBR.Y.ANRECORDEDlNVOLUME 133, PAGE G07 OF
THE DEED RECORDS OF BRAZOS COUNTY. TEXAS, MARXING THE WEST CORNER OF SAlD 25.566
ACRE T.RACT AND A NOR.l'HEAST CORNER. OF BLOCK '"N". UNIVERSITY PARK II SUBDMSION,
ACCORDING TO THE PLAT llCORDED IN VOLUME 817,P AGE 314 OF THE omCIAL RECORDS OF
BRAZOS COUNTY, TEXAS; -
THENCE: N 41 • 28' 19" E ALONG nm COMMON L1NE OF SAID 25.566 ACRE TRACT AND S.AlD 50
AOE TRACT FOR. A DISTANCE OF isoo.06 FEBT TO A~ INCH .IRON R.OD FOUND MARKING THE
NORTH CORNER. OF SAID 25.566 ACRE TRACT .AND TBEMOSTNORTHERLYWEST CORNER.OF LOT
l, BLOCK 1, Tim GATEW AY,ACCORDlNGTO THE PLAT RECORDED INVOL1.JME3663.PAGE313 OF
nm OFFICIALPUBUC:RECORDS OF:SRAZOS COUNTY, TJixAs (THIS LlNEWASUSED FORBEARING
ORIENTATION HONORING nm DEED CALL BEARING OF SAID 25.566 TRACT, 3360/196);
,
THENCE: S 33• 39' 51" E ALONG THE COMMON LINE OF SAID 2S.S66 ACRE TRACT AND THE
GATEW.A Y FOR.A DISTANCE OF 678.87 FEET TO A ~INCH IRON ROD FOUND MARKING AN EAST
CORNER. OF SAID 25.566 ACRE TRACT .AND AN INT.ElUOR CORNER OF SAID LOT 1, BLOCK l, THE
GATEWAY; --
THENCE: S 43• 32' 14" W CONTINUING ALONG THE COMMON LINE OF SAID 25.566 ACRE TRACT
AND THE ClA.T.EWAYFOltA DISTANCE OF 707.15 FEET TO A Ya INCH IR.ON ROD FOUND MARKING
.AN ANGLEJ>OINT lN SAID LINE;
-
THENCE: S 41° 37' 01" W CONTlNUING ALONG THE COMMON LINE OF SAID 25.566 ACRE TRACT
AND THE GATEWAY FOR.A DISTANCE OF i7S.03 FEET"IOA Yall.rCHIRONR.ODFOUND MARKING
. .ANINTERIOREAST CORNER. OF SAID 25.566 ACRET.RACT AND THE MOST WEST.ERL Y CORNER. OF
SAID LOT 1~ ~Oc:K 111 THE GATE»lAY;
THENCE: S 41•40' 27" WTBR.OUGRSAID :Z.S.566 ACRE T.RACTFOR.A DISTANCE OF 213.94 FEET TO
A ~INCH m.ON llOD FOUND MARXING AN ANGLE POlNT IN nm soura LINE OF THIS HEREIN
DESCRIBED TRACT;
THENCE: S 04• 47' 16" W CONTINUING THllOUGHSAID 25.566ACRE TRACT FOR A DISTANCE OF
294.7:2 FEET TO A YalNCHIR.ON ROD FOUND ON THE COMMON LINE OF SAlD 25.566 ACRE TRACT
AND UNIVERSITY P.ARX ll SUBDMSION ?w1A.RKING THE SOUTH CORNER OF THIS HEREIN
EXHIBIT
b I B
DESCRIBED TR.ACT;
THENCE: N 48 • 26' 10" W ALONG nm COMMON LINE OF SAID 25~66 TRACT AND UNIVERSITY
PARK II SUBDMSION FOR A DISTANCE OF 744.04 -FEET TO THE POINT OF BEGINNING
CONTAINrnG 19 .81 ACRES OF LAND., MORE ORl..ESS,ASSUR.VEYED ON THE GROUND SEPTEMBER,
2002. SEE PLAT PREPARED SEPTEMBER, 2DO:Z. FOR MORE DESCRIPTIVE INFORMATION.
BRADKERR.
REGISTERED PROFESSIONAL
LAND SURVEYO.R.No. 4502
D:/WORK/MAB/02-0980A.MAB
_.._a.a» DUUt'&.Pa .DESClitJl'l'JO
<D'A
5.19 ACRE l'JtAC1'
JtJCRapn c.utn:a SIJ'RVEY, kl
CQT.I.Jr.GE S'l'A.llOl'I, BRAZOS COUNTY, 11CX.U
N.:stES AND B~llESaIPllON OF W..'IHA.Tcn:rAIN'l'RACTOJLP .. UCELOFIAND
LYING AND .BEING SlTtlUED IN nm lUCHARD CAKlEB.. stmVEY, ABSTRACT NO. a.
cor 1 'FGE STAlION, mt.AZOS COUNIY. lEXAS. SAlil 'l1ACr BEING A pOJ.1ICN DY A.
c,u I ED 25.566 AClE TRACI' AS DESOmpn BY AIU!E!D TO STANI.EYD. ltOSENBE!R.G
BEamma> INVOLtJMEJ360, :PAGE 196 OP nm omcIAL.PUBLICllECORDS OF BRAZOS
COtlNIY, TEXAS.
SAID l1ACT BEING Mell !IAllIICCLARLY DESCIUBEll BY MEIES AND BOtlNDS AS
10Il.0WS;
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