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HomeMy WebLinkAbout14-195BILL & RETURN TO: BRAZOS C<lU~ ~$TRACT COMPANY ~ ,;i..mr.L Gf# rJ:l1c o CONFIDEm;IALITY RIGHTS: IFYOU ARE A NATURAL PERSON, YOU MAY REMOVE ORS~ ANY OR A.l.L OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSl!'ERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DATE: GRANTOR: WARRANT\' DEED WITH VENDOR'S LIEN May 13,2010 ARRENIA H. ELLIS, FLORENCE H. KlNG, LEWIS M. HAUPT, ID, and LUELLA H. TROTTER GRANTOR'S MAILING ADDRESS: GRANTEE: Arrenia H. Ellis 22629 Spanish Oaks San Antonio, Texas 78266-2697 Florence H. King 31 Silent Brook Court The Woodlands, Texas 77381 Lewis M. Haupt, ID P.O. Box 25363 Houston, Texas 77265·5363 Luella H. Trotter 121 S Rock Springs Road Duncanville, Texas 75137-2839 HEATH PHILLIPS INVESTMENTS, LLC GRANTEE'S MAILING ADDRESS: CONSIDERATION: 4490 Castlegate Drive College Station, Texas 77845 TEN ANDN0/100 DOLLARS (SlO.OO)and anoteofevendate that is in the principal amount of TWO MILLION NINE HUNDRED NINETY-FOUR THOUSAND TWO HUNDRED AND N0/100 DOLLARS ($2,994,200.00) and is executed by Grantee, payable to the order of AMERICAN MOMENTUM BANK. The note is aec:urcd by a vendor's lien retained in favor of 'J~n'atlti\t~U/.I MOMENTUM BANK in this deed and by a deed of trust of even date from Grantee to JULIUS C. DUNLAP, Trustee. PROPERTY (INCLUDING ANY IMPROVEMENTS): Being all that certain tract or parcel of land lying and being situated in the CRAWFORD BURNETI'LEAGUE, Abstract No . 7, College Station, Braz.os County, Texas. Said tracl being the remainder ofa called 136.063 acre tract as described by a Deed to L. M. Haupt, Jr. and wife, Stella Geren Haupt "'· recorded in Volume 171, page 392, Deed Records of Brazos County, Texas, and the remainder of a called 3.3 acre tract as described by a Deed to Lewis M. Haupt, Jr., recorded in Volume 293, page 788, Deed Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows : BEGINNING at a 1/2 inch iron rod fowtd on the southwest line of Old Wellborn Road marking the cast comer of said remainder of 136 .063 acre tract and the north comer of a called 12.40 acre tract as described by a Deed to Osage, Ltd.lJ ii?!ll.J>:rd.ed.Jm '.J':f,olume 1130, page S70, Official Records of Brazos County, Texas; TIIENCE S 41° 12' 34" W along the common line of said remainder of 136.063 acre tract and said 12.40 acre tract for a distance ofS 17.37 feetto a 3/8 inch iron rod found marking the west comer of said 12.40 a<:re tract and the north comer of the remainder of a called 8.833 acn: tract as described by a Deed to Greens Prairie Investors, Ltd., recorded in Volwne 8413, page 22, Official Records of Brazos County, Texas; THENCE S 41° SS' SO" W along the common line of said remainder of 136.063 acre tract and said remainder ofS.833 acre tract for a distance of 429.64 feet toa 112 inch iron rod found marking the common comer of said remainder of8.833 acre tract and the remainder ofa called 3.0 acre tract as described by a Deed to Greens Prairie Investon, Ltd., recorded in Volume 8S 13, page 276, Official Records of Brazos County, Tcxu; THENCE S 41° 18' 46" W along the common line of said remainder of 136.063 acre tract and said remainder of 3.0 acre tract for a distance of 124.14 feet to a 112 inch iron rod found marking the north comer of Williamsgatc Subdivision, Phase 1, according to the plat reconied in Volwne 1705, page 206, Official Records of Brazos County, Texas; THENCE S 41° 30' ts• W along the common line of said remainder of 136.063 acre tract and Williamsgate Subdivision, Phase 1 and the remainder of a called 20.2S acre tract as described by a Deed to Robbie Robinson, Ltd., recorded in Volume 6446, page 92, Official Record3 of Brazos County, Texas, for a distance of 637.46 feet to a 112 inch iron rod found marking an easterly comer of a called 22 .97 acre tract as descn'bed by a Deed to Charles I. Ttuncr and Mary E. Turner recorded in Volume 3331, page 61, Official Recon:ls of Brazos County, Texas; IJur~~i'.:!!J tt:s-:.1 lm~/.f Doc Bk Vol Pt 01060560 OR 9627 75 THENCE N 49° 58' 35" W along the common line of said remainder of 136.063 acre tract and said 22.97 acre tract for a distance of 562.09 feet to a 112 inch iron rod found marking the north comer of said 22.97 acre tract; THENCE S 41° 21' 39" W continuing along the common line of said remainder of 136.063 acre tract and said 22.97 acre tract for a distance of 801.59 feet to a 112 inch iron rod found on the northwest line of a called 23.00 acre tract described as Tract 2 by a Deed to Henry P. Mayo and wife, Sandra K. Mayo, recorded in Volume 1253, page 878, Official Records of Brazos County, Texas, marking the east comer of a called 27.017 acre tract divided out of said remainder ofl36.063 acre tract, said 27.017 acre tract not yet filed of record at the time of this description; THENCE through said remainder of 136.063 acre tract and along the northeast and northwest lines of said 27 .017 acre tract for the following calls: N 47° 43' 18" W for a distance of898.64 feet to a 112 inch iron rod found; S 42° 56' 01" W for a distance of 803.33 feet to a 112 inch iron rod found marking the beginning of a clockwise curve having a radius of 468.50 feet; Along said curve through a central angle of25° 02' 43" for an arc dislallce of 204.79 feet (Chord Bears: S 55° 26' 04" W • 203.17 feet) to a 112 inch iron rod found marking the ending point of said curve; S 67° 52' 33" W for a distance of30.24 feet to a 112 inch iron rod found on the northeast line of Jones Butler road marking the southwest comer of this herein described tract; THENCE N 22° 02' 42" W along the northeast line of Jones Butler Road, same being the southwest line of said remainder of 3.3 acre tract, for a distance of 412 .84 feet to a 112 inch iron rod found marking the common comer of said remainder of 3.3 acre tract and a called 29,175 acre tract as described by a Deed to John Wheeler Barger, Trustee, recorded in Volume 7583, page 90, Official Records of Brazos County, Texas; THENCE N 42° 14' 17" E along the common line of said remainder of3.3 acre tract and said remainder of 136.063 acre tract and said 29.175 acre tract for a distance of 3402.74 feet to a 6 inch fence comer post found on the southwest line of Old Wellborn Road marking the north comer of this herein described tract; 3 THENCE S 4 7° 04' 17" E along the southwest line of Old Wellborn Road for a distance ofl 867.58 feet to the POINT OF BEGINNING, containing 108.88 acres ofland, more or less. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: (1) Easements, or claims of easements, which arc not recorded in the public records. (2) Service utilities and appurtenant facilities as depicted on survey plat prepared by Brad Km, Registered Professional Land Surveyor, State ofTexas, No. 4502, dated March 11, 2010. (3) Right-of-Way Easement from 1. W. Mochas to Sinclair Refining Company, dated September 6, 1947, recorded in Volwne 132, page 68, Deed Records ofBrazps .9«?~7~ T~xas, and noted as a blanket casement on survey plai"'p~arcfJ oy Brad Kerr, Registered Professional Land Surveyor, State of Texas, No. 4502, dated March 11, 2010. (4) Right-of-Way Easement from P. D. Gandy et wt to City of Bryan, dated December 22, 1949, recorded in Volwnc 141, page 392, Deed Records of Brazos County, Texas, and noted as a blanket easement on survey plat prepared by Brad Kerr, Registered Professional Land Surveyor, State of Texas, No. 4S02, dated March l 1, 2010. (5) Right-of-Way Easement from Arrcnia Haupt Ellis et al to Wellborn Special Utility District, dated May 12, 1999, recorded in Volume 3645, page 298, Official Records of Brazos County, Texas, and noted as a blanket easement on survey plat prepared by Brad Kerr, Registered Professional Land Surveyor, State of Texas, No. 4502, dated March 11, 2010, (6) Public Utility Easement from Amnia H. Ellis et al to City of College Station, Texas. dated May 24, 2006, recorded in Volwne 7233, page 93, Official Records of Brazos County, Texas, and as shown on survey plat prepared by Brad Kerr, Registered Professional Land Swveyor, State ofTexas, No. 4502, dated March 11, 2010. (7) TemponuyConstruction Easement from Arrenia H. Ellis et al to City of College Station, Texas, dated May 24, 2006, recorded in Volume 7233, page l 03, Official Records of Brazos County, Texas. 4 DDC: Blc Yol Ps 011>60560 DR 9627 77 (8) Royalty reservation in Deed fiom S. F. Machos et al to P. D. Gandy, dated October 3, 1949, recorded in Volume 140, page 614, Deed Records of Brazos County, Texas. (9) Estate created by Oil and Gas Leases fiom Florence Haupt King et al to Balcer Exploration Company, dated December, 1993, recorded in Volume 2020, pages 93, 113, 122 and 140, Official Records of Brazos County, Texas. 'Jur ':\Jl'~t<:rtt~l Im (%) Estate created by Oil and Gas Lease from Lewis M. Haupt to Baker Exploration Company, dated January S, 1994, recorded in Volume 2020, page 146, Official Records ofBrazos County, Texas. ( 11) Tenns, conditions and stipulations contained in Bill of Sale for Water rights from Haupt Family Partnership to the Haupt Water Partner1hip, dated December 7, 2000, recorded in Volume 4012, page 288, Official Records ofBrazos County, Texas. (12) SAVE AND EXCEPT, and there is hereby reserved unto Grantor, his/her heirs, successors and assigns, all of the oil, gas and other ' minerals, culTClllly owned by Gran tor, in and under and that may be .. .a produced from the herein described property, PROVIDED M HOWEVER, as to the mineral interest owned by the Grantor except as may be provided in instruments currently of record, there shall be no right ofingrea or egress to the surface of the premises at any time for the purpose of mining, drilling, exploring, opmting and developing said lands for oil, gas and other minerals and removing the same therefrom, or for the purposes of using such property for the storage or transportation of oil, gas and other minerals. Nothing herein shall prohibit the Grantor or Grantor's heirs, successors and assigns from pooling or permitting slant drilling under said premises to develop and produce the oil, gas and minerals owned by Granlor and Granter's heirs, successors and assigns so long as the foregoing is accomplished without entering upon, penetrating. weakening, undermining or disturbing the surface of the Propeny. Each grantor makes no representation as to any oil, gas and minerals not owned by such individual Grantor. ( 13} SA VE AND EXCEPT, and there is hereby reserved to Grantor all groundwater, being all underground water, percolating water, artesian water and other waters from any and all reservoirs, fonnations, depths and horizons beneath the surface of the earth in, under or that may be produced from the Property, but only to the extent such groundwater s Doc Bk Vol p, 01060560 OR 9627 78 is located below 1,000 feet in depth; provided Grantor shall have no right of ingress and egress upon the Property for purposes of accessing such groundwater. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty , grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in anywise belonging, to have and hold it to Grantee, . Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor hereby binds Grantor and Grantor's heirs, execulors, administrators, and successors to warrant and fOl'CVer defend all and singular the property to Grantee and Granlce's heirs, executon, administrators, successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to warranty. The vendor's lien against and superior title to the property are retained until each note described is fully paid according to its terms, at which lime this deed shall become absolute. AMERICAN MOMENTUM BANK at Grantee's request has paid In cash lo Grantor that portion of the purchase price of the property that is evidenced by the note described. The vendor's lien and superior title to the property are transferred to that party without recourse on Grantor. When the context requires, singular nowu and pronouns include the plural. THB STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on the .Jj_ day ofMay, 2010, by AR.R.ENIA H. ELLIS. 6 ----.------.... - Doc Bk Vol p, 010605&0 OR 9627 79 THE STA TE OF TEXAS § COUNTY OF BRAZOS § This instrument was ac owledged before me on the J:i day of May, 2010, by FLORENCE THE STATE OF TEXAS COUNTY OF BRAZOS § § Notary Public, stat; exas This ins~ent was acknowledged before me on the 12._ day of May, 2010, by LEWIS M. TiiE STA TE OF TEXAS COUNTY OF BRAZOS § § This instrument was ackn1 wlcdged before me on the /.8 day of May, 2010, by LUELLA H. T e PREPARED B)': TOM GIESENSCHLAG 3800 Cross Parle Drive Bryan. Texas 77802 (TG/sah/148982) AffER BECORDING. REI1JRN IO: BRAZOS COUNlY ABS1RACT COMP1 P.O. Box4704 Bl')'IJl, Texas 7780S Ii ~~ I § ~A ,fr'.4; a1~ Notary Public, State ofT • !l,I: ~ ... .. • .. ... _ i ::1 I. rl r r !iil:.11-!it I. ....... fi ::! J f -·-:r 0 ~ r S·= .f ., i ! I! I I l~~~ ... .. ...... •:f ~ =-::i:i.~ c; ~ ~ " .. a;ii I !f .... ... :-3 ..-;: 5 ~ I ii 9,-';'I 7 H ..... 1 fi: a .... ~ .... i J .. i' ... r ;:: I~ ... ... ~ II .,. • ... a £ E RECOROINO PAID FOR BY! Ht.EP OSl0090; BARRACKS PttlU.IPS SWO !Wi l Notice of ConftdentJallty Rights: If you are a natural person, you may remove or atrike any of the following Information from this instrument before It la flied for record In the pub Ile records: your social security number or your driver'• llconse number. SPECIAL WARRANTY PEED Date: :3":t..b 19 . 2013 Grantor: HEATH PHILLIPS INVESTMENTS, LLC Doc 8lc Val Pt 01173226 OR ll4Sf tS Grantee: THE BARRACKS AT ROCK PRAIRIE OWNERS ASSOCIATION, INC , a Texas nonprofit corporation Grantee's Malllng Addrea•: P.O . Box 262 Welborn, TX 77881 Consideration: TEN AND N0/100 DOLLARS {$10 .00) and other good and valuable cons ideration Property (Including any Improvements): All that certain 12.51 acres tract or parcel of land descri>ed as all of The Barracks II Subdivision, Phase 300, according to the Plat recorded in Volume 11209, Page 184, Officlal Records , Brazos County, Texas. Reservations from Conveyance: None. Exceptions to Conveyance and Warranty: This conveyance Is made subject to au valid and subsisting easements, restrictions, rights of way, conditions, exceptions, reservations, and covenants of whatsoever nature of record, if any, and also to the zoning laws and other restrictions, regulations, ordinances and statutes of municipal or other governmental authorities applicable to and enforceable against the described property. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together With au and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successcn, and assigns forever. Granlor binds Grantor and Grantor's heirs and successors to warrant and forever P-r111of2 Ooc Bk Vol p, 01173226 Oii 116~9 16 defend all and singular the Property (except for the Additional Parcels for which Granter makes no representation or warranty of title) to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Granter, but not otherwise , except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns Include the plural. By Grantee's acceptance hereof, Grantee agrees that the conveyance of the Property is made ·As 1s· in its current condition, with Grantee taking the Property with any and all latent and patent defects and without warranty or representation that the Property Is fit for a partieular purpose. Grantee takes the Property under the express understanding that there are no express or implied warranties (except for limited warranties of title as set forth in the deed). Grantee, asst.mes the risk that the Property may contain hazardous substances and adverse physical cond itions. All responsibility and liabiUty related to aa hazardous substances and adverse physical conditions on the property, whether known or unknown, Is transferred from Grantor to Grantee. Ad valorem taxes for the current year have been prorated as of the date of delivery of this deed, and the Grantee by her acceptance hereof covenants and agrees to pay all ad valorem taxes upon the property from and including taxes for the year 2013. HEATH PHILLIPS INVESTMENTS, LlC By: Heath Phillips, Manager STATE OF TEXAS COUNTY OF BRAZOS Thls Instrument was acknowledged before me on the ltf day of""""~~E--- 2013, by Heath Phil6ps, Manager of HEATH PHILLIPS INVESTMENTS, C, a xas limited Uability company, on behalf of said company and in the capacity herein stated . HEATH PHILLIPS INVESTMENTS, LLC NOT RYPUBLIC, State of Texas PREPARED IN THe LAW OFFICE OF : HOELSCHER, LIPSEY, ELMORE & POOLE. P.C . 1021 Unlvenlly D11Ye Eat College sw11on. r-77840 WCURE/BARAACl<S PHILLIPS SWD (Vlj) ta THE BARRACKS AT ROCI< PRAIRIE OWNERS ASSOCIATION, INC. Spedel Wlmtll1 o..d Prtge2o/2 Oac It Vol Ps ounm 111 u~ i1 filft tor Record 1111 ewosaum Giii 9d llt201J al OJIJlP Mt Ill UICI. REC!!!lll!I& OU132lt. 24.00 Rtcei•t !bib• -mm Bvt Mn lloattllttlo SlAT£ Of lEXAS COlMfY IF PAZOS l WBI C8'\ i h \11t\ "Is i •Sll'UMll\ 11H flld on Ult dstt 1114 ti• r.t....i lier.an ~-.e Md 111S duh recoM!tll 11 \M ~lUH CIM "" ot U.1 Official Nlllc rlClll'ft ots IRAZlll cmm II It.ff hw• ~I It, Brazos County Abstract Compa ny "More Than 14 0 Years of .Title Service " P.O. Box 4704 Phone: (979) 731-1900 3800 Cross Park Drive Bryan, Texas 77805-4704 Fax: (979) 731-1381 Bryan, Texas 77802 BCAC GF NO. BC1402560 Title Report Prepared 8/12/2014 for Schultz Engineering, LLC Joe Schultz 2730 Longmire Drive, Suite A College Station, Texas 77845 "Experience Matters" Brazos County Abstract Company "More Than 140 Years of Title Service " TITLE REPORT Effective Date: August 11, 2014 at 8:00 am GFNO: BC1402560 LEGAL DESCRIPTION: Metes and bounds description of all that certain tract of land lying and being situated in the CRAWFORD BURNETT LEAGUE, Abstract No. 7, College Station, Brazos County, Texas . Said tract being a portion of the remainder of a called 108.88 acre tract as described by a deed to Heath Phillips Investments , LLC, recorded in Volume 9627, page 73 of the Official Public Records of Brazos County, Texas, all of a called 29 .869 acre tract as described by a deed to Heath Phillips Investments, LLC recorded in Volume 11623, page 227 of the Official Public Records of Brazos County, Texas, and all of The Barracks II Subdivision, Phase 300 , according to the plat recorded in Volume 11209, page 184 of the Official Public Records of Brazos County, Texas, said Phase 300 being a portion of said 108.88 acre tract. Said tract being more particularly described by metes and bounds as follows: Beginning at a Yi inch iron rod found on the east line of Holleman Drive (var. R.O .W .) marking the northwest comer of said 29.869 acre tract and the south comer of a called 1.969 acre tract as described by a deed to Billy W. Sparkman and Nellie Sparkman recorded in Volume 3381, page 255 of the Official Public Records of Brazos County, Texas; THENCE: N 42° 08' 32" E along the common line of said 29.869 acre tract and said 1.969 acre tract, at 703 .04 feet pass a 1/2 inch iron rod found marking the east comer of a called 1.048 acre tract as described by a deed to Billy W. Sparkman and Nellie Sparkman recorded in Volume 3284, page 216 of the Official Public Records of Brazos County, Texas, and the south comer of Lot 10, German Acres, according to the plat recorded in volume 2393 , page 91 of the Official Public Records of Brazos County, Texas , continue on along the common line of said 29.869 acre tract and German Acres, at 2114.49 feet pass a 1/2 inch iron rod found marking the common comer of Lots 3 and 4, German Acres, at 2591.93 feet pass a 1/2 inch iron rod found marking the east comer of Lot 1, German Acres, and the south comer of a called 3.475 acre tract as described by a deed to Circle H Investments, LLC recorded in Volume 11239, page 219 of the continue on along the common line of said 29 .869 acre tract and said 3 . Official Public Records of Brazos County, Texas , continue on along the common line of said 29.869 acre tract and said 3.475 acre tract for a total di stance of3 2 19 .51 feet to the southwest line of Old Wellborn Road marking the north comer of this herein described tract ; THENCE: S 4 7° 04' 17" E along the southwest line of Old Wellborn Road for a distance of 395.75 feet to a 6 inch fence comer post found marking the southeast comer of said 29 .869 acre tract and the north comer of the remainder of said 108.88 acre tract; THENCE: S 47 ° 04' 14" E continuing along the southwest line of Old Wellborn Road for a distance of 376 .03 feet to the beginning of a clockwise curve having a radius of25.00 feet; THENCE: through said remainder of 108.88 acre tract for the following calls : Along said curve through a central angle of 89 ° 18' 34" for an arc distance of 38.97 feet (chord bears: S 02° 25' 00" E-35 .14 feet) to the end of said curve; S 42 ° 14' 17" W for a distance of 40 .54 feet to the beginning of a counterclockwise curve having a radius of 617 .50 feet ; Along said curve through a central angle of 07 ° 01' 10" for an arc di stance of 75.65 feet (chord bears: S 38° 43' 42" W -75 .61 feet) to the end of said curve; S 35 ° 13' 07'' W for a distance of 260.61 feet to the beginning of a clockwise curve having a radius of 532.50 feet; Along said curve through a central angle of 07 ° 01' 1 O" for an arc distance of 65.24 feet (chord bears : S 38° 43' 42" W -65.20 feet) to the end of said curve ; S 42 ° 14' 17" W for a distance of 162.04 feet to the beginning of a clockwise curve having a radius of 25.00 feet ; Along said curve through a central angle of 90 ° 02' 14" for an arc distance of 39 .29 feet (chord bears: S 87° 15' 24" W -35.37 feet) to the end of said curve ; S 42 ° 14' 17" W for a distance of 67 .00 feet to the beginning of a clockwise curve having a radius of 25.00 feet at the easterly comer of said phase 300; THENCE: along said curve through a central angle of 89° 59' 55" for an arc distance of 39.27 feet (chord bears: S 02 ° 45' 43" E -35.36 feet) to the end of said curve on the extension of the northwest line of Deacon Drive West (85' R.O.W.); THENCE: S 42° 14' 17" W along the northwest line of Deacon Drive West and the extension thereof for a distance of 1110.24 feet to a 1/2 inch iron rod found marking the south comer of said Phase 300 and the east comer of Block 7, The Barracks II Subdivision, Phase 100 , according to the plat recorded in Volume 10785, page 163 of the Official Public Records of Brazos County, Texas; THENCE: N 47° 45' 43" W along the common line of said Phase 300 and said Block 7 for a distance of 441.17 feet to a 1/2 inch iron rod found on the southeast line of said 29. 869 acre tract marking the common comer of said Phase 300 and said Block 7; THENCE: S 42° 14' 17" W along the common line of said 29.869 acre tract and said Block 7, and The Barracks II Subdivision, Phase 100, according to the plat recorded in Volume 10570, page 293 of the Official Public Records of Brazos County, Texas, for a distance of 1544.19 feet to a 1/2 inch iron rod found on the east line of Holleman Drive marking the south comer of said 29.869 acre tract; THENCE: N 22° 02' 42" W along the east line of Holleman Drive for a distance of 433.24 feet to the POINT OF BEGINNING containing 48 .369 acres of land, more or less. TITLE APPEARS TO BE VESTED IN: Heath Phillips Investments, LLC by Warranty Deed from Arrenia H. Ellis, Florence H. King, Lewis M. Haupt, III and Luella H. Trotter, dated May 13, 2010, recorded in Volume 9627, page 73, Official Records of Brazos County, Texas . and The Barracks at Rock Prairie Owners Association, Inc . by Special Warranty Deed from Heath Phillips Investments, LLC, dated July 19, 2013, recorded in Volume 11659 , page 15, Official Records of Brazos County, Texas. SUBJECT TO: LIENS: Deed of Trust, Security Agreement, Fixtures, Financing Statement and Assignment of Rents and Leases dated May 13, 2010 , executed by Heath Phillips Investments, LLC to Julius C. Dunlap, Trustee, securing one note of even date payable to American Momentum Bank, in the principal amount of $2 ,994 ,200.00, recorded in Volume 9627, page 80, Official Records of Brazos County, Texas, and as modified rearranged and/or extended by instruments recorded in Volume 10220 , page 151 and Volume 10470, page 133, Official Records of Brazos County, Texas. Deed of Trust, Security Agreement, Fixtures, Financing Statement and Assignment of Rents and Leases dated October 4, 2011, executed by Heath Phillips Investments, LLC to Tom Giesenschlag, Trustee, securing one note of even date payable to Greens Prairie Investors, Ltd., in the principal amount of $2,600,000.00, recorded in Volume 10364, page 96, Official Records of Brazos County, Texas. ABSTRACTS OF JUDGMENTS/FEDERAL AND/OR STATE LIENS: None of Record. EASEMENTS: Easements and building lines as shown on record on plat of The Barracks II Subdivision, Phase 300 , recorded in Volume 11209, page 184 , Official Records of Brazos County, Texas. Subject to Release of Drainage Easement dated April 23 , 2014, recorded in Volume 11972, page 40 , Official Record s of Brazo s County, Texas. Right-o f-Way Easement from J. W . Mochas to Sinclair Refining Company, dated September 6 , 1947 , recorded in Volume 132 , page 68 , Deed Records of Brazos County, Texas . Right-of-Way Ea sement from P. J. Mochas et al to Sinclair Refining Company, dated March 1, 1947 , recorded in Volume 132 , page 134, Deed Records of Brazos County, Texas. Right-of-Way Easement from P . D. G andy et u x to City of Bryan, dated December 22, 1949 , recorded in Volume 141 , page 392 , Deed Records of Brazos County, Texas. Right-of-Way Easement from Arrenia Haupt Ellis et al to Wellborn Special Utility District, dated May 12, 1999 , recorded in Volume 3645 , page 298 , Official Records of Brazos County, Texas. Public Utility Easement from Mabel McQueen Barger to City of College Station, Texas , dated March 23, 2006 , recorded in Volume 7220, page 67, Official Records of Brazos County, Texas . Public Utility Easement from Arrenia H . Ellis et al to City of College Station, Texas, dated May 24, 2006 , recorded in Volume 7233, page 93 , Official Records of Brazos County, Texas . Temporary Construction Easement from Arrenia H. Ellis et al to City of College Station, Texas , dated May 24 , 2006, recorded in Volume 7233 , page 103, Official Records of Brazos County, Texas . Right-of-Way Easement from Mable M. Barger Trust to Wellborn Special Utility District dated August 20 , 2010 , recorded in Volume 10086 , page 217, Official Records of Brazos County, Texas. Temporary Blanket Utility Easement from Heath Phillips Inv estments , LLC to City of College Station, Texas, dated November 1, 2011, recorded in Volume 10420 , page 239, Official Records of Brazos County, Texas . Public Utility Easement from Heath Phillips Investments, LLC to City of College Station, dated January 24 , 2014 , recorded in Volume 11814 , page 267, Official Records of Brazos County, Texas. Declaration of Easement for Drainage by The Barracks at Rock Prairie Owners Association, Inc ., dated April 23 , 2014 , recorded in Volume 11972 , page 43 , Official Records of Brazos County, Texas . OUTSTANDING MINERALS AND/OR ROYALTIES: Royalty reservation in Deed from S. F . Machos et al to P. D . Gandy, dated October 3, 1949 , recorded in Volume 140 , page 614, Deed Records of Brazos County, Texas. Title to this reservation has not been traced subsequent to the date of the above-cited instrument. Mineral reservation in Deed from S . F . Machos et al to J. Wheeler Barger, dated January, 1956 , recorded in Volume 171 , page 567, Deed Records of Brazos County, Texas . Title to this reservation has not been traced subsequent to the date of the above-cited instrument. Mineral and groundwater reservation in Deed from Arrenia H. Ellis , et al to Heath Phillips Investments , LLC , dated May 13 , 2010, recorded in Volume 9637, page 73, Official Records of Brazos County, Texas . Title to this reservation has not been traced subsequent to the date of the abo v e-cited instrument. Mineral and groundwater reservation in Deed from The Mable M. Barger Trust to Heath Phillips Investments, LLC , dated September 23, 2013 , recorded in Volume 11623 , page 227 , Official Records of Brazo s County, Texas . Title to this reservation has not been traced subsequent to the date of the abo ve-cited instrument. OIL & GAS LEASES: Estate created by Oil and Gas Leases from Florence Haupt King et al to Baker Exploration Company, dated December, 1993 , recorded in Volume 2020 , pages 93 , 113, 122 and 140 , Official Records of Brazos County, Texas . Title to this lease has not been traced subsequent to the date of the above-cited instrument. Estate created by Oil and Gas Lease from Lewis M. Haupt to Baker Exploration Company, dated January 5, 1994 , recorded in Volume 2020 , page 146, Official Records of Brazos County, Texas. Title to this lease has not been traced subsequent to the date of the above-cited instrument. Estate created by Oil and Gas Lease from Mabel M . Barger Trust to BRW Land Services , dated January 11 , 2013 , recorded in Volume 11145 , page 20, Official Records of Brazos County, Texas. RESTRICTIONS OF RECORD: Terms, provisions, covenants , conditions, and restrictions , easements , charges, assessments and liens provided in the Covenants, Conditions and Restrictions recorded in Volume 8986 , page 115 , Volume 10671 , page 145 and Volume 11674 , page 62, Official Records of Brazos County, Texas , but omitting any covenant, condition or restrictions, if any , based on race , color, religion, sex, handicap , familial status or national origin unless and only to the extent that the covenant, condition or restrictions (a) is exempt under Title 42 of the United States Code, or (b) related to handicap , but does not discriminate against handicapped persons. TAXES/ ASSESSMENTS: NONE REQUESTED MISCELLANEOUS: Terms , conditions and stipulations contained in Bill of Sale for Water rights from Haupt Family Partnership to the Haupt Water Partnership , dated December 7, 2000 , recorded in Volume 4012, page 288 , Official Records of Brazos County, Texas . Terms and conditions contained in Lease by and between The Barracks at Rock Prairie Owners Association, Inc., and HMH Acquatic Enterprises , LLC, dated August 1, 2013, recorded in Volume 11747 , page 180, Official Records of Brazos County, Texas and as amended by instrument recorded in Volume 11802 , page 82, Official Records of Brazos County, Texas. The terms , conditions and stipulations contained in the Declaration of Covenants , Conditions and Restrictions , executed by Greens Prairie Investors , Ltd ., dated March 3, 2009, recorded in Volume 8986 , page 115 and amended in Volume 10671 , page 145 and Volume 11674 , page 62 , Official Records of Brazo s County, Texas . Maintenance charge as set forth in the Declaration of Covenants, Conditions and Restrictions executed by Greens Prairie Investors , Ltd., dated March 3, 2009 , recorded in Volume 8986 , page 115 and amended in Volume 10671, page 145 and Volume 11674 , page 62, Official Records of Brazos County , Texas. 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 or not. There may be leases, grants , exceptions or reservations of mineral interests that are not listed. THIS TITLE REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING, EVIDENCED BY THE ACCEPTANCE OF SAME THAT THE UNDERSIGNED, Brazos County Abstract Company DOES NOT UNDERTAKE HEREIN TO GIVE OR EXPRESS ANY OPINION AS TO THE VALIDITY OF THE TITLE TO THE PROPERTY ABOVE DESCRIBED, NOR AS TO THE VALIDITY OF ANY OF THE INSTRUMENTS REPORTED HEREIN, INCLUDING THE PURPORTED DEED(S) ESTABLISHING THE RECORD OWNER(S) CITED ABOVE, BUT IS SIMPLY REPORTING BRIEFLY HEREIN AS TO THE INSTRUMENTS FOUND OF RECORD PERTAINING TO SAID PROPERTY, AND IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT TIDS TITLE REPORT IS NEITHER A GUARANTY NOR WARRANTY OF THE TITLE. BY ACCEPTANCE OF TIDS TITLE REPORT IT IS UNDERSTOOD THAT THE LIABILITY OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO THE ACTUAL MONETARY CONSIDERATION PAID FOR SAID REPORT BY Schultz Engineering, LLC. TIDS SEARCH HAS BEEN LIMITED TO THE ABOVE MATTERS AND THE ABOVE TIME PERIOD; AND WE HA VE NOT SEARCHED FOR, NOR HA VE REFLECTED HEREIN, ANY EXAMINATION AS TO TAX SUITS, SPECIAL ASSESSMENTS, CONFLICTS OR OTHER INSTRUMENTS WIDCH MAY AFFECT TITLE TO THE SUBJECT PROPERTY. IF TITLE INSURANCE COVERAGE, wmcH IS NOT PROVIDED BY THIS REPORT, IS NEEDED, SAID COVERAGE IS AVAILABLE THROUGH THE APPLICABLE PROMULGATED POLICY(IES), AND AT A SPECIFIED RATE PREMIUM. Brazos County Abstract Company STAFF REVIEW COMMENTS NO. 2 PROJECT: THE BARRACKS II (PP)-(14-00900195) PLANNING 1. Lot 14, Block 30 in Phase 110 is dependent upon access to Gunner Trail which is part of Phase 403 (Lot 1, Block 29). Revise General Note 7 to state that Phase 403 needs to proceed prior to Phase 110 or include Lot 14, Block 30 as part of Phase 403. Note #7 has been revised to state that Phase 403 needs to proceed prior to Phase 110. 2. Based on the proposed phase lines, Phase 109 would need a temporary turn around at the end of Commando Trail. Instead, include the remainder of Commando Trail that is currently in Phase 110 as part of Phase 109 . This also provides access to the proposed parkland. Phase 109 has been revised to include all of Commando Trail. 3. Reconfigure the proposed temporary turn-around access easements so that they do not overlap on to proposed parkland. Temporary turn-around easements have been reconfigured so that they do not overlap the proposed parkland. 4. Please note that neighborhood park development fees will be due with the applicable Final Plat unless the proposed park improvements have site plan approval from the City and are built or bonded. Noted. · 5. Please note that staff will be recommending denial of the requested waiver to the Single- Family Residential Parking Requirements. Noted. Common area 8 was added to the corner of Towers Parkway and Baby Bear Drive in Block 31. Note 16 has been added to Sheet 1 of the Preliminary Plan. Reviewed by: Jason Schubert Date: October 24, 2014 ENGINEERING COMMENTS NO. 2 1. Please provide a 20-foot PUE between multi-family lot and townhouse lots on Block 31 with 10 feet on each side. A 20' PUE has been added between multi-family lot and townhouse lots on Block 31with10' on each side. Reviewed by : Kevin Ferrer Date: October 21, 2014 1of 1 ~"lllillro"'"'""""'""'----------~C~r~T:Y OF Cou.EGE STATION Hom e o/Texas A&M University • _____ ...... ;;...... DATE : TO : FROM : SUBJECT : MEMORANDUM October 24 , 2014 Heath Phillips , via ; heath superiorstructures@yahoo .com / Jason Schubert, AICP , Principal Planner THE BARRACKS II (PP) Staff reviewed the above-mentioned Preliminary Plan as requested . The following page is a list of staff review comments detailing items that need to be addressed. Please address the comments and submit the following information by Tuesday, October 28, 2014 at 10:00am to stay scheduled for the Thursday , November 6 , 2014 Planning & Zoning Commission meeting : One (1) 24 " x 36 " copy of the revised Prel iminary Plan ; and Thirteen (13) 11 " x 17" copies of the revised Preliminary Plan . Upon receipt of the required documents for the Planning & Zoning meeting , your project will be considered formally filed with the City of College Station . Please note that this application will expire in 90 days from the date of this memo , if the applicant has not provided written response comments and revised documents to the Administrator that seek to address the staff review comments contained herein. If all comments have not been addressed , your project will be pulled from the scheduled Planning & Zoning Commission agenda . Your project may be placed on a future agenda once all the revisions have been made . Once your item has been scheduled for the P&Z meeting, the agenda and staff report can be accessed at the following web site on Monday the week of the P&Z meeting . http://www.cstx .gov/pz If you have any questions or need additional information , please call me at 979 .764 .3570 . Attachments: Staff review comments J PC: Joe Schultz , via ; joeschultz84@verizon .net P&DS Project No . 14-00900195 Pla11niug & Development Services P.O. BOX 9960 • 1101 TEXAS AVENUE · COLLEGE ST:-\TION ·TEXAS · 77842 TEL. 979.764.3570 ·FAX . 979.764.3496 cstx.gov/devservices PLANNING STAFF REVIEW COMMENTS NO. 2 Project: THE BARRACKS II (PP) -14-00900195 1. Lot 14 , Block 30 in Phase 110 is dependent upon access to Gunner Trail which is part of Phase 403 (Lot 1, Block 29). Revise General Note 7 to state that Phase 403 needs to proceed prior to Phase 110 or include Lot 14 , Block 30 as part of Phase 403. 2. Based on the proposed phase lines , Phase 109 would need a temporary turn around at the end of Commando Trail. Instead , include the remainder of Commando Trail that is currently in Phase 110 as part of Phase 109 . This also provides access to the p'roposed parkland. 3. Reconfigure the proposed temporary turn -around access easements so that they do not overlap on to proposed parkland . 4 . Please note that neighborhood park development fees will be due with the applicable Final Plat unless the proposed park improvements have site plan approval from the City and are built or bonded . 5. Please note that staff will be recommending denial of the requested waiver to the Single- Family Residential Parking Requirements. Reviewed by : Jason Schubert Date : October 24 , 2014 ENGINEERING COMMENTS NO. 2 1. Please provide a 20-foot PUE between multi-family lot and townhouse lots on Block 31 with 10 feet on each side. Rev iewed by : Kevin Ferrer Date: October 21 , 2014 PLANNING STAFF REVIEW COMMENTS NO. 1 Project: THE BARRACKS II (PP) -(14-00900195) 1. The new townhouse lots proposed in the preliminary plan need to meet UDO Section 12- 8 .3. W Single-Family Resident ial Parking Requirements for Platting. Choose one of the parking options and revise the preliminary plan and notes accordingly. Attached is a revised Preliminary Plan Application requesting a variance to UDO Section 12-8.3.W. 2. Realign General Parkway such that the outside edge of the right-of-way aligns with the edge of the Cain Road Corp and CM Rutledge tracts. Adjust affected lots sizes accordingly. General parkway has been adjusted and lots sizes revised. 3. Name each Common Area with a distinct name/number. Common areas have been numbered. 4. It appears that Lot 1, Block 28 in Phase 300 is being expanded to incorporate additional acreage . As this lot is already platted, this will need to occur through a replat that is approved by the Planning & Zoning Commission. Rename the proposed expanded lot as Lot 1 R, Block 28 or another approvable name. Noted, Lot 1 has been changed to Lot 1 R. 5. Clearly delineate the proposed phase boundaries on each preliminary plan sheet. Phase boundaries have been added to each sheet. 6. Revise General Note 7 to include the new phases proposed with this preliminary plan . Note 7 has been revised. 7. Provide temporary turnarounds for General Parkway, Commando Trail, and Towers Parkway. Additional temporary turnarounds may be required with final plats depending upon the phasing of the development. Temporary turnarounds have been added for General Parkway Commando Trail, and Towers Parkway. 8. On Sheets 2-4 , label the existing PUEs and easements of those in the preliminary plan and adjacent to it. Also, include volume and page. Existing PUEs have been labeled. 9. Label Phase 201 as previously platted and update the preliminary plan to label any other phases that become recorded before this preliminary plan is approved . Also , provide a note that the unplatted phases not included in the boundary of this prelimimary plan were approved by the Planning & Zoning Commission through a preliminary plan (project 14- 0900010) on February 20, 2014, or as amended. Phase 201 has been labeled previously platted and note 15 has been added. 10. Revise the Vicinity Map by providing an outline or shading the preliminary plan area. The vicinity map has been revised. 11 . Revise General Note 11 to state Gunner Trail instead of Gunner Drive. Note 11 has been revised. 12. At the bottom of Sheet 1, revise the ownership and zoning of the Turner tract shown. The Turner Tract zoning and ownership have been revised. 1 o f3 13 . On Sheets 1 & 2, label the right-of-way width of Holleman Drive South. Holleman R.O.W has been labeled. 14 . On Sheet 4, move the Old Wellborn Road label/description so it can be fully seen. The Old Wellborn Road label has been adjusted. 15. If the pipeline depicted on Lot 1, Block 29 has an easement, please depict. If not , what is the anticipated approach to this encumbrance? A proposed pipeline easement has been added. 16. Revise General Note 1.d . to refer to Section 12-7 .5.N instead of 7.4.N . Note 1.d has been revised. 17. The proposed parkland dedication will need to be included as part of the first phase completed within this preliminary plan area . Revise phasing accordingly. Phasing has been revised to be included as part of the first phase completed within this preliminary plan. 18. Parkland is proposed to be dedicated which will cover the Neighborhood Park land requirement. Please respond if park improvements will be proposed for these areas to meet Neighborhood Park development requirements , which are otherwise $362 per townhome lot or multi-family unit. Fee in lieu for Community Park land and development of $625 per townhome lot will be required with their Final Plat and $1,000 per multi-family unit with the building permit of the units. Park Improvements will be proposed for these areas. 19. Please note any changes made to the plans which have not been requested by the City of College Station must be explained in your next transmittal letter. Noted. ENGINEERING COMMENTS NO. 1 ./. Please provide topographic information such as contours at two feet intervals . Topographic information has been added. Provide a 20-foot PUE between multi-family lots and townhouse lots on Blocks 30 and 31 with 10 feet on each side. Also, provide a 10-foot PUE on Lot 13, Block 30 adjacent to Parkland. PUEs have been added as noted above. ft FYI, depending on the depth of the sewer line crossing Phase 401, it might not have adequate distance to the southern edge of easement and might need to be relocated or provided with additional easement. Noted, the sewer line has been positioned for future development not shown. A revised zoning map and preliminary plan will be submitted in the future. / FYI, the PUE dedication for sewer line crossing Lot 2, Block 29 might pose future development issues . We recommend running the PUE with sewer line along the property lot line. Noted, the sewer line has been positioned for future development not shown. A revised zoning map and preliminary plan will be submitted in the future. 2 of 3 @ Please address US Army Corps of Engineers permitting mitigation for natural drainage/wetlands. Will there be any required mitigation as with earlier phases? There is no mitigation proposed other than avoidance of natural drainage and wetlands areas. ft How is the 100-year floodplain that was determined at Kimley-Horn and Associates ' drainage study going to be addressed? The proposed detention ponds and associated drainage report mitigate any increases in peak runoff and water surface increases down stream of this project. ;r'. FYI, a drainage report has not been approved, changes to the preliminary plan may be required. Noted. ,4. Please show proposed detention pond(s) on preliminary plan. Detention ponds have been added. /{( The driveway connection for Lot 14, Block 30 should be at the end of Gunner Trail. This changes the turn configuration of Gunner Trail to a T-intersection. In addition, B/CS guidelines define that a street which primarily serves commercial or multi-family development be built to at least minor collector standards . Please address for multi-family proposed off Gunner Trail. The driveway connection for Lot 14, Block 30 will be at the end of Gunner Trail to form a T-intersection. Gunner Trail out to Holleman Drive has been revised to a minor collector street. (o . Please define what the hatch area in the 1.95 Acre Parkland is. The hatched area has been labeled. ft. What is the purpose of the Public Access Easement in the 20-foot PUE along the Common Area and Parkland on Phase 300? The Public Access easement has been removed. @ show future storm drain connections along Old Wellborn Road and Phase 401. They are depicted as ending at the adjacent property line. Future storm drain connections have been added. TRANSPORTATION 1. Please straighten Towers Parkway through the intersection with Baby Bear Drive and start the curve further north . The current configuration will likely cause issues at the intersection. Towers Parkway Alignment has been adjusted. 3 o f 3 • 1 ,\ :.. .. <:"'"/de·;~"·-.. DATE : TO : FROM : SUBJECT: CITY OF COLLEG E S TATIONJT ---------------·-Hom e ofTexaJ A&M University • "" MEMORANDUM September 19 , 2014 Heath Phillips , via ; heath superiorstructures@vahoo.com / Jason Schubert, AICP , Principal Planner THE BARRACKS II (PP) -Preliminary Plan Staff reviewed the above-mentioned Preliminary Plan as requested . The following page is a list of staff review comments detailing items that need to be addressed . Please address the comments and submit the following information for further staff review and to be scheduled for a future Planning & Zoning Commission meeting : C ity of College Station Transmittal Letter; Memo providing written responses to all of staff's comments (identify the specific page that each comment was addressed on or the reason for not addressing the comment); and Two (2) 24 " x 36 " copies of the revised Preliminary Plan. Upon receipt of the required documents for the Planning & Zoning meeting, your project will be considered formally filed with the City of College Station . Please note that this application will expire in 90 days from the date of this memo , if the applicant has not provided written response comments and revised documents to the Administrator that seek to address the staff review comments contained herein . If all comments have not been addressed , your project will not be scheduled for a Planning & Zoning Commission agenda. Your project may be placed on a future agenda once all the revisions have been made . Once your item has been scheduled for the P&Z meeting , the agenda and staff report can be accessed at the following web site on Monday the week of the P&Z meeting . http://www.cstx .gov/pz If you have any questions or need additional information , please call me at 979 .764 .3570. Attachments : Staff review comments PC : Joe Schultz , via ; joeschultz84@verizon .net / P&DS Project No. 14-00900195 Planning & Development Services P.O. BOX 9960 • 1101 TEXAS AVENUE · COLLEGE STATIO N ·TEXAS • 77842 TEL 97 9.764.3570 ·FAX . 979.764.34 96 cstx.gov/devservices ,·'. PLANNING STAFF REVIEW COMMENTS NO. 1 Project: THE BARRACKS 11 (PP)-(14-00900195) 1. The new townhouse lots proposed in the preliminary plan need to meet UDO Section 12- 8 .3 .W Single-Family Residential Parking Requirements for Platting. Choose one of the parking options and revise the preliminary plan and notes accordingly. 2. Realign General Parkway such that the outside edge of the right-of-way aligns with the edge of the Cain Road Corp and CM Rutledge tracts . Adjust affected lots sizes accordingly . 3. Name each Common Area with a distinct name/number. 4 . It appears that Lot 1, Block 28 in Phase 300 is being expanded to incorporate additional acreage . As this lot is already platted , this will need to occur through a replat that is approved by the Planning & Zoning Commission. Rename the proposed expanded lot as Lot 1 R , Block 28 or another approvable name . 5 . Clearly delineate the proposed phase boundaries on each preliminary plan sheet. 6 . Revise General Note 7 to include the new phases proposed with this preliminary plan . 7. Provide temporary turnarounds for General Parkway, Commando Trail, and Towers Parkway . Additional temporary turnarounds may be required with final plats depending upon the phasing of the development. 8 . On Sheets 2-4 , label the existing PUEs and easements of those in the preliminary plan and adjacent to it. Also, include volume and page . 9. Label Phase 201 as previously platted and update the preliminary plan to label any other phases that become recorded before this preliminary plan is approved. Also , provide a note that the unplatted phases not included in the boundary of this prelimimary plan were approved by the Planning & Zoning Commission through a preliminary plan (project 14- 0900010) on February 20, 2014, or as amended . 10 . Revise the Vicinity Map by providing an outline or shading the preliminary plan area . 11 . Revise General Note 11 to state Gunner Trail instead of Gunner Drive. 12 . At the bottom of Sheet 1, revise the ownership and zoning of the Turner tract shown. 13 . On Sheets 1 & 2 , label the right-of-way width of Holleman Drive South. 14. On Sheet 4 , move the Old Wellborn Road label/description so it can be fully seen. 15 . If the pipeline depicted on Lot 1, Block 29 has an easement, please depict. If not, what is the anticipated approach to this encumbrance? 16 . Revise General Note 1.d . to refer to Section 12-7 .5 .N instead of 7.4 .N. 17 . The proposed parkland dedication will need to be included as part of the first phase completed within this preliminary plan area . Revise phasing accordingly . 18. Parkland is proposed to be dedicated which will cover the Neighborhood Park land requirement. Please respond if park improvements will be proposed for these areas to meet Neighborhood Park development requirements, which are otherwise $362 per townhome lot or multi-family unit. Fee in lieu for Community Park land and development of $625 per townhome lot will be required with their Final Plat and $1,000 per multi-family unit with the building permit of the units . 19 . Please note any changes made to the plans which have not been requested by the City of College Station must be explained in your next transmittal letter. Reviewed by : Jason Schubert Date : September 19, 2014 2 o f 3 ... ,: .... ENGINEERING COMMENTS NO. 1 1. Please provide topographic information such as contours at two feet intervals . 2 . Provide a 20-foot PUE between multi-family lots and townhouse lots on Blocks 30 and 31 with 10 feet on each side . Also , provide a 10-foot PUE on Lot 13, Block 30 adjacent to Parkland. 3. FYI , depending on the depth of the sewer line crossing Phase 401 , it might not have adequate distance to the southern edge of easement and might need to be relocated or provided with additional easement. 4 . FYI , the PUE dedication for sewer line crossing Lot 2, Block 29 might pose future development issues . We recommend running the PUE with sewer line along the property lot line. 5. Please address US Army Corps of Engineers permitting mitigation for natural drainage/wetlands. Will there be any required mitigation as with earlier phases? 6 . How is the 100-year floodplain that was determined at Kimley-Horn and Associates ' drainage study going to be addressed? 7. FYI , a drainage report has not been approved , changes to the preliminary plan may be required. 8. Please show proposed detention pond(s) on preliminary plan . 9. The driveway connection for Lot 14, Block 30 should be at the end of Gunner Trail. This changes the turn configuration of Gunner Trail to a T-intersection . In addition, B/CS guidelines define that a street which primarily serves commercial or multi-family development be built to at least minor collector standards . Please address for multi-family proposed off Gunner Trail. 10 . Please define what the hatch area in the 1. 95 Acre Parkland is . 11 . What is the purpose of the Public Access Easement in the 20-foot PUE along the Common Area and Parkland on Phase 300? 12 . Show future storm drain connections along Old Wellborn Road and Phase 401 . They are depicted as ending at the adjacent property line . Reviewed by : Kevin Ferrer Date : August 29 , 2014 TRANSPORTATION 1. Please straighten Towers Parkway through the intersection with Baby Bear Drive and start the curve further north. The current configuration will likely cause issues at the intersection . Reviewed by : Danielle Singh Date : September 2, 2014 3 of 3 C ITY o r C m.LEGE STATION! ________ ,....,..,.,....,._..., ... ,.. Hom e of Texas A &M Un iversity • - MEMORANDUM DATE : August 18 , 2014 TO : Heath Phillips , via ; heath superiorstructures@yahoo .com FROM : Jason Schubert , AICP Principal Planner SUBJECT : THE BARRACKS II (PP) Thank you for the submittal of your Preliminary Plan application . Kevin Ferrer, Graduate Civil Engineer, and I have been assigned to review this project. It is anticipated that the review will be completed and any staff comments returned to you on or before Tuesday , September 2 , 2014. If you have questions in the meantime , please feel free to contact us . PC : Joe Schultz , via ; joeschu ltz84@ve rizon .net P&DS Project No . 14-00900195 P lanning & D evelop ment Services P .O . BOX9 96 0 · 110 1 T EXAS AVENUE · CO LL EG E STATIO N · T EXAS · 77 842 TEL. 9 7 9 .7 6 4.3 57 0 ·FAX . 9 79.764 .34 96 cstx .gov/devservices October 6, 2014 Jason Schubert, AICP Principal Planner City of College Station 1101 Texas Avenue College Station, TX 77840 Re: THE BARRACKS II (PP)-14-00900195 Dear Mr. Schubert: Attached are the responses to the Preliminary Plan Comments and the following: • (2) 24" x 36" copies of the revised Preliminary Plan If you have any questions , please do not hesitate to call. Very truly yours , Schultz Engineering, LLC. Dev en Doyen , P .E. Civil Engineer P.O . Box 11995 • College Station , Texas 77842 schu ltzengineeri ngll c .com Office: 979 .764.3900 Fax : 979.764.3910 November 10 , 2014 Jason Schubert, AICP Principal Planner City of College Station 1101 Texas A venue College Station, TX 77840 Re: THE BARRACKS II (PP) -14-00900195 Dear Mr. Schubert: Attached are the copies of the approved Preliminary Plan. • (1) 24" x 36" copy of the revised Preliminary Plan • (1) 11 " x 17" copy of the revised Preliminary Plan If you have any questions, please do not hesitate to call. Very truly yours , Schultz Engineering, LLC. Deven Doyen, P .E . P' Civil Engineer P.O. Box 119 95 • College Station , Texas 77842 schultzenginee ring ll c .com Office : 979 .764 .3900 Fax: 979 .764 .3910 Jason Schubert From: Sent: Deven Doyen <deven@schultzengineeringllc.com> Friday, November 07 , 2014 1 :04 PM To: Jason Schubert Subject: RE : Barracks II Preliminary Plan Thanks, we will get the note added and the copies submitted. Thanks, Deven From: Jason Schubert [mailto :jschubert@cstx.gov] Sent: Friday, November 07, 2014 12:43 PM To: 'Deven Doyen' Subject: RE: Barracks II Preliminary Plan Deven, Good afternoon, a note will need to be added to the Preliminary Plan. The note should state that a waiver was granted (name the section, 12-8.3.W .... )by P&Z on November 6, 2014 with the condition that two additional parking spaces above the minimum is required for each townhouse lot. A mylar of the Preliminary Plan does not need to be submitted, just a revised full - size hard copy and 11x17 copy. Thanks, Jason Jason Schubert, AICP Principal Planner Planning & Development Services City of College Station office: (979) 764-3570 fax: (979) 764-3496 www.cstx.gov City of College Station Home of Texas A&M University@ From: Deven Doyen [mailto:deven@schultzengineeringllc.com] Sent: Friday, November 07, 2014 7:50 AM To: Jason Schubert Subject: Barracks II Preliminary Plan Jason, Do we need to add a note to the preliminary plan based on the P & Zs conditions from last night's meeting, before we mylar the Preliminary Plan? Thanks, Deven Doyen, P.E. Civil Engineer ~tz Engineering, LLC 1 2730 Longmire Drive, Suite A College Station, TX 77845 (979} 764-3900-Office (979) 764-3910 -Fax deven@schultzengineeringllc.com City of College Station Home of Texas A&M University® 2 October 24 , 2014 Jason Schubert, AICP Principal Planner City of College Station 1101 Texas Avenue College Station, TX 77840 Re: THE BARRACKS II (PP)-14-00900195 Dear Mr. Schubert: Attached are the responses to the Preliminary Plan Comments and the following: • (1) 24 " x 36" copies of the revised Preliminary Plan • (13) 11" x 17" copies of the revised Preliminary Plan If you have any questions, please do not hesitate to call. Very truly yours , Schultz Engineering, LLC. ~J Deven\)Q)Telljf Civil Engineer P.O . Box 11995 • College Stati on , Texas 77842 sch ul tze nginee ri ngllc.com Office : 979.764.3900 Fax : 979 .764 .3910 CITY OF COLLEGE STATION PRELIMINARY PLAN for The Barracks II 14-00900195 SCALE: 69 lots and 0 .37 and 1.96-acres of parkland dedication on approximately 48 .37 acres LOCATION: 300 Deacon Drive West , generally located between Holleman Drive South and Old Wellborn Road north of Deacon Dr ive West. ZONING: POD Planned Development District APPLICANT: Heath Phillips , Heath Phillips Investments, LLC PROJECT MANAGER: Jason Schubert, AICP, Principal Planner jschubert@cstx.gov RECOMMENDATION: Staff recommends denial of the waiver request to Unified Development Ordinance (UDO) Section 12-8 .3.W 'Single-Family Residential Parking Requirements for Platting .' If the waiver is approved by the Commission , the Preliminary Plan should be approved . If the waiver is denied , the Preliminary Plan should also be denied. Planning & Zoning Commission Page 1 of 6 November 6 , 2014 Z-0 o-< tll CD ~ 3 -· 0-::::i CD CO ~ Qo _m N NO 0 ::!. _. ::::i ~co () 0 3 3 iii' en 5 · ::::i -0 tll co CD N 0 -(j) DEVELOPMENT REVIEW DEVELOPMENT HISTORY Annexation: Zoning: Site development: COMMENTS November 2002 A-0 Agricultural Open (upon annexation), rezoned POD Planned Development District (April 2014) while a portion of the Preliminary Plan was originally zoned POD Planned Development District in June 2011 with revisions approved in March 2012 and August 2013 . Largely vacant though Phase 300 Lot 28 , Block 1 is currently under construction for a Commercial Amusement use and is included for a future replat to add acreage to the lot. Water: The subject tract is located in Wellborn Water's service area . Future development of the tract will have to meet the City 's minimum fire flow requirements. Sewer: The subject tract has a 12-inch sanitary sewer line along Deacon Drive West which connects to an 18-inch Sewer line along Wellborn Road . The property is located in the Steeplechase Sanitary Sewer Impact Fee Area that gravity flows into the Bee Creek Trunk Line , which serves many developments along Harvey Mitchell Parkway . The City is currently in the process of a capital improvement project to install greater sanitary sewer system capacity . Preliminary analysis of this area has identified that the existing sanitary sewer capacity can support the increased sanitary sewer demand from the proposed development, however, future demands in this respective sub-basin will need to be evaluated as development occurs . Off-site Easements: None known at this time. Drainage: The subject tract is in the Bee Creek Tributary "B" drainage basin . Future development of the tract will have to meet the requirements of the City Storm Water Design Guidelines . Flood Plain: The subject tract is not located within a FEMA regulated Special Flood Hazard Area . However, recent studies have shown that some areas within the development are flood prone. These areas are being further evaluated with the development of the property . Greenways: None are provided or required . Pedestrian Connectivity: Sidewalks are required on both sides of all streets . Bicycle Connectivity: General Parkway and Towers Parkway , both minor collectors , will have bike lanes . Deacon Drive West currently has bike lanes and Holleman Drive South is anticipated to have bike lanes when it is widened at an unknown time in the future . Planning & Zoning Commission Page 3 of 6 November 6 , 2014 Streets: Oversize Request: Parkland Dedication: Impact Fees: REVIEW CRITERIA Two m inor collectors , General Parkway and Towers Parkway are proposed to be extended with this project. Gunner Trail connects to Holleman Drive South and is required to be a m inor collector width for the init ial section as it provides access to proposed commercial and multi-family lots. As per General Note 11 , a left turn lane will be provided on southbound Holleman Drive South when the Gunner Trail is constructed with Phase 403 . Baby Bear Drive and the extension of Commando Trail are proposed to provide access to townhouse lots . N/A Two neighborhood park areas are proposed with this Preliminary Plan that were recommended for approval by the Parks & Recreation Advisory Board at their September 12 , 2014 meeting . A 0 .37-acre park is proposed at the northwest corner of Towers Parkway and Baby Bear Drive. A 1.96-acre area is proposed that connects to General Parkway and Commando Trail through 30 - foot wide strips of land . The 1.96-acre park area includes an existing pond and is immediately downstream of adjacent detention ponds for this development. The applicant anticipates construction of improvements on the proposed neighborhood park areas instead of paying the development fee of $362 per townhouse lot or multi-fam ily unit. If the cost of improvements made exceed the fees otherw ise required , then only Community Park Land and Development fees of $625 per townhouse lot and $1 ,000 per multi -family un it would be due with this project. The subject tract is located w ithin the Steeplechase Sanitary Sewer Impact Fee Area and will be required $144 .87/LUE with building permits . 1. Compliance with Comprehensive Plan: The subject tract is located on the boundary between General Suburban and Urban designations on the Comprehens ive Plan Future Land Use and Character Map. These designations allow for townhouse and multi-family areas . Also as part of Growth Area V on the Comprehensive Plan Concept Map , smaller- scale commercial uses are allowable . The Preliminary Plan is in compliance with the Comprehensive Plan as applied through the existing POD zoning which allows townhouse , multi -family and commerc ial uses . 2 . Compliance with Subdivision Regulations: The proposed Preliminary Plan is in compliance with the Subdivision Regulations contained in the UDO except for the following wa iver request: • UDO Section 12-8.3.W 'Single-Family Residential Parking Requirements for Platting ' -This section was adopted in September 2013 as part of the efforts of a Neighborhood Park ing subcommittee consisting of City Council and Planning & Zoning Planning & Zoning Commission November 6 , 2014 Page 4 of 6 Commission members . The purpose of the section is to reduce parking issues in single- family and townhouse areas by requiring new developments to utilize one of six residential parking options : Wide Streets , Narrow Streets , Parking Removal with Platting , Visitor Alley-Fed Off-Street Parking, Wide Lot Frontages , or Visitor Parking Areas . While the Barracks II project originated prior to the adoption of this section , the 29-acre tract of land that is being added with this Preliminary Plan was not part of the development until it was included as part of a new POD zoning approved in April 2014. The applicant has requested a waiver to not have this section apply to the development, stating that additional parking for each unit will be provided by constructing at least one additional off-street parking space on each townhouse lot. In accordance with the Subdivision Regulations, when considering a waiver the Planning and Zoning Commission should make the following findings to approve the waiver: 1) That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of the reasonable use of his land; The applicant states that they want to continue the same townhouse development scenario currently in development and not have to change their successful product. Applying this section to the development to accommodate one of the residential parking options does not deprive the applicant of reasonable use of his land. 2) That the waivers are necessary for the preservation and enjoyment of a substantial property right of the applicant; The applicant states that the new parking standards will not allow the developer to continue his development as planned. This ordinance section applies to the new tract of land being added that has not been submitted previously for subdivision approval. 3) That the granting of the waivers will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this chapter; and The applicant states the proposed parking for the new lots will be the same as the existing development which is not detrimental. The development has needed to accommodate additional parking by obtaining Administrative Adjustments for wider driveways and obtaining a Design Review Board waiver to a lot that installed additional parking and driveway beyond what is allowed by ordinance . 4) That the granting of the waivers will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter . Granting of the waiver does not affect the ability of surrounding areas to subdivide as the residential parking options do not affect the subdivision of other properties. STAFF RECOMMENDATION Staff recommends denial of the waiver request to Unified Development Ordinance (UDO) Section 12 -8 .3.W 'Single -Family Residential Parking Requirements for Platting .' If the waiver is approved by the Commission , the Preliminary Plan should be approved . If the waiver is denied , the Preliminary Plan should also be denied. Planning & Zoning Commission November 6 , 2014 Page 5 of6 SUPPORTING MATERIALS 1. Application 2 . Copy of Preliminary Plan Planning & Zoning Commission November 6, 2014 Page 6 of 6 City of College Station Administrative Approval for Required Parkland Dedications of Less than Five Acres 1. Applicant Name: _____________ ~H~e=at~h~P-'h~i=lli=p=s ________________ _ Address: ____________ ~P=O~B=o=x~2=6=2~1N=-=-=e=llb=o=r~n~T~X~7~78=8~1'--------------- Phone: ____ ---'9'"-'7-=9..:.::.2=2=-=9c.:..::.5::..::9=0=6 _____ _ E-Mail : ___ ""'"'h~e=at~h'--"'s=u"'""pe=r-'"'io~r=st"""ru"'"'c"""t=u r'-"e=s-"'@.._y'-"a=-h=o=o-'--'. c'-=o""'m-'----- 2. Development Name : ___ -'-T-'-"h=e-=B=a:..:..:rr=a=c.:..:.ks::....:.;11--=e=x=p=a~ns=i=o:....:.n -'-P-'-re=lc:..:.im~i"-'n=a:...Jry'-'P,_l:..:::a"--'n __ _ Project #: __ ---'-1--'-4-'-1-=9=5 __ Development Location: ___________ -=3=00=-=D:..::e:..:::ac:::cc=on'-'-"'=D:..:...ri:...:.v=e--'IN...:....::::es=t'-------------- 3. Dwelling Units: __§.4._ Single Family Unknown Multi-family Units , located in Neighborhood Park Zone ---'-15=----- __§.4._ Single Family Unknown Multi-family Units , located in Community Park Zone B 4. Development Fees and Dedication Requirements: a. Land Dedication or Fee in Lieu of Land (Choose One): Neighborhood Community Single Family : One (1) acre per 117 DU 's 2.33 ac One (1) acre per 128 DU 's ___ ac = Total ---=2.=33=-----ac Multi -family : One (1) acre per 117 DU 's ____ ac One (1) acre per 128 DU 's ___ ac = ______ ac Fee Paid in Lieu of Land Dedication Neighborhood Single Family: @ $274 .00 per DU $ Dedicate Multi-family: @ $274 .00 per DU $ ____ _ b. Development Fee: Neighborhood Single Family @ $362 .00 per DU $ Build Multi-family @ $362 .00 per DU $ ___ _ TOTAL = ---=2.-=-33=---Acres -OR- Community 64@ $250 .00 per DU$ 16 000 = $ __ ~16'-'-'0=-=0=0 __ @ $250.00 per DU $ ____ _ $ _____ _ TOTAL (Neighborhood and Community) = $. _____ _ Community 64 Single Family@ $375 .00 per DU $ 24,000 = $40 ,000 Multi-family@ $750 .00 per DU $ __ _ =$ __ _ TOTAL (Neighborhood and Community) = $ 40,000 5. Comments: This Preliminary Plan adds a 29-acre tract to the development. The Parks & Recreation Advisory Board recommended acceptance of 2 .33 acres of parkland dedication at their September 9, 2014 meeting . The applicant intends to construct park improvements to cover the $362/unit Neighborhood Park Development Fee . If the park improvements are built or bonded, the townhouse lots will only owe $625/lot in Community Park fees with the final plat. The 3 multi-family tracts have an unknown unit count and will be developed through site plan approval in the future . The City of College Station agrees to accept: GRAND TOTAL (Neighborhood and Community) 64 Townhouse Lots x $625 = $ 40 000 Land Dedication _2:.:·:..:o3=3-=a:..=c..:...;re=-=s=------ Name Date REvrs ~D FOR OFFICE USE ONLY CASE NO.: DATE SUBMITTED: _____ _ C ITY OP C OLLEGE S TAT ION Home o/Texas A&M Universi ty • TIME : STAFF : PRELIMINARY PLAN APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: [8] $932 Preliminary Plan Application Fee . [5(] $233 Waiver Re q uest to Subdivision Regulations Fee (if app licablel. [8] 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. [8] Six (6) folded copies of plan . A revised mylar original must be submitted after approval. [8] 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. ~ Impact study (if oversized participation is requested). [8] The attached Preliminary Plan checklist with all items checked off or a brief explanation as to why they are not. Date of Optional Preapplication Conference ------------------------- NAME OF PROJECT .The Barracks II Subdivision ADDRESS 3100 Haupt Road, College Station SPECIFIED LOCATION OF PROPOSED SUBDIVISION : Crawford Burnett League, A-7 -Generally located north of Rock Prairie Road Between Wellborn Road & Holleman Drive South APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name Heath Phillips E-mail heath_ superiorstructures@yahoo.com Street Address P. 0. Box 262 ---------------------------------- City Wellborn State Texas Zip Code _7_78_8_1 ____ _ Phone Number 979.229.5906 Fax Number 979. 703 . 7903 ---------------- PROPERTY OWNER'S INFORMATION (ALL owners must be identified . Please attach an additional sheet for multiple owners): Name Heath Phillips Investments, LLC (Heath Phillips) E-mail heath_superiorstructures@yahoo.com P.O. Box 262 Street Address City Wellborn state Texas Zip Code 77881 ------- Phone Number 979.229.5906 Fax Number 979. 703. 7903 ---------------- ARCHITECT OR ENGINEER'S INFORMATION : Name Joe Schultz, P.E. -Engineer E-mail joeschultz84@verizon .net Street Address 2730 Longmire Drive, Suite A City College Station State Texas Zip Code _7_78_4_5 ____ _ Phone Number 979. 764 .3900 Fax Number 979. 764.3910 ---------------- Revised 4/14 Page 1 of 6 Total Acreage 48 .37 ----------Total No. of Lots 69 ------R-0-W Acreage _4._0_6 ____ _ Number of Lots By Zoning District 69 POD I Average Acreage Of Each Residential Lot By Zoning District: 0.08 POD I --- --- Floodplain Acreage _N_lfA __________________________________ _ NOTE: Appropriate zoning for the proposed subdivision must be in place before this application can be considered complete . Are you proposing to dedicate park land by acreage or fee in lieu of land? Yes ----------------- Are you proposing to [XJ develop the park !J dedicate the development fee? (Check one) This information is necessary to help staff identify the appropriate standards to review the application and will be used to help determine if the application qualifies for vesting to a previous ordinance . Notwithstanding any assertion made , vesting is limited to that which is provided in Chapter 245 of the Texas Local Government Code or other applicable law. Is this application a continuation of a project that has received prior City platting approval(s) and you are requesting the application be reviewed under previous ordinance as applicable? 18] Yes !J No If yes , provide information regarding the first approved application and any related subsequent applications (provide additional sheets if necessary): Project Name : The Barracks II (PP) City Project Number (in known): 11-50088, 12-500141 & 14-0090001 Date I Timeframe when submitted : Requested wavier to subdivision regulations and reason for same (if applicable): e eve aper requests a waiver to . . -mg e ami y es1 ent1a a~ mg eqwrements. e eve oper requests that parking for the new townhouse lots be provided in the same manner as the existing townhouse lots. The developer will provide additional parking for each unit by constructing at least 1 additional off street parking space on each townhouse lot. Revised 4/14 Page 2 of6 Regarding the waiver request, explain how: 1. There are special circumstances or conditions affecting the land involved such that strict application of the subdivision regulations will deprive the applicant of the reasonable use of his land . The special circumstances or t 1s deve opment 1s t at t e eve oper wants to continue with the same town ouse evelopment scenario currently in development and not have to change his successful product. 2. The waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant. e reqwrement to meet the new parking standards wi I not allow the eve oper to continue 1s eve opment as fanned. 3. The granting of the waiver will not be detrimental to the public health, safety, or welfare , or injurious to other property in the area , or to the City in administering subdivision regulations. e propose pari mg or the new lots w1 e t e same as t e existing eve opment w 1c ublic health, safety, or welfare, or injurious to other properly in the area. 4 . The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of the Unified Development Ordinance . Fee in lieu of sidewalk construction is being requested because of the following condition (if applicable): 1. O An alternative pedestrian way or multi-use path has been or will be provided outside the right-of-way ; 2. D The presence of unique or unusual topographic, vegetative , or other natural conditions exist so that strict adherence to the sidewalk requirements of the UDO is not physically feasible or is not in keeping with the purposes and goals of the UDO or the City's comprehensive Plan; 3. 0 A capital improvement project is imminent that will include construction of the required sidewalk. Imminent shall mean the project is funded or projected to commence within twelve (12) months ; 4. O Existing streets constructed to rural section that are not identified on the Thoroughfare Plan with an estate I rural context ; 5 . O When a sidewalk is required along a street where a multi-use path is shown on the Bicycle , Pedestrian , and Greenways Master Plan ; Revised 4/14 Page 3 of 6 6 . D The proposed development is with i n an older residential subdivision meeting the criteria in Platting and Replatting with i n Older Residential Subdivisions Section of the UDO ; or 7. D The proposed development contains frontage on a Freeway I Expressway as designated by Map 6 .6 , Thoroughfare Plan -Functional Classification , in the City 's Comprehensive Plan . Detailed explanation of condition identified above : N/A NOTE: A waiver to the sidewalk requirements and fee in lieu of sidewalk construction shall not be considered at the same time by the Planning & Zoning Commission . The applican t has prepared this application and certifies that the facts stated herein and exhibits attached he reto are true , correct, and complete . 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 from the owner. If there is more than one owner, all owners must sign the application or the 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 LIEN HOLDERS identified in the title report are also considered owners and the appropriate signatures must be provided as described above . S ignature and t itle Rev ised 4/14 Page 4 of 6 PRELIMINARY PLAN MINIMUM REQUIREMENTS (ALL CITY ORDINANCES MUST BE MET) INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (8] Drawn on 24" x 36" sheet to scale of 100' per inch or larger. Include the words "PRELIMINARY PLAN - NOT FOR RECORD" in letters 1/2" high . If more than 1 sheet , an index sheet showing entire subdivision at a scale of 500 feet per inch or larger. [8] Vicinity map which includes enough of surrounding area to show general location of subject property in relationship to College Station and its City Limits. No scale required but include north arrow. [8] Title Block with the following information : Name and address of subdivider, recorded owner, engineer and surveyo r. Proposed name of subdivision (subdivision name & street names will be approved through Brazos County 911 ). Date of preparation (including the date the plat was submitted and the dates of any revisions on the plat). Engineer's scale in feet. Total area intended to be developed . [8] North Arrow. [8] Location of current city limit lines and current zoning district boundary . The appropriate zoning district(s) must be in place for the proposed land uses before the application for a subdivision . [8] Subdivision boundary indicated by heavy lines. Boundary must include all of parent tract. [8] Descriptions by metes and bounds of the subdivision which shall close within accepted land survey standards. (Labeled on boundary lines , not separate metes and bounds description .) [8] Primary control points or descriptions and ties to such control point, to which , later, all dimensions, angles , bearings , block numbers , and similar data shall be referred . The plat shall be located with respect to a corner of the survey or tract, or an original corner of the original survey of which it is a part. [8J Name of contiguous subdivisions and names of owners of contiguous parcels of unsubdivided land , and an indication whether or not contiguous properties are platted . [8] Location of the 100 Year Floodplain and Floodway, if applicable, according to the most recent available data. [8] Topographic information, including contours at two foot (2 ft .) intervals , wooded areas, and flowline elevation of streams. (8] Proposed land uses (in compliance with existing zoning district). [8] The location and description with accurate dimensions , bearings or deflection angles and radii , area , center angle , degree of curvature , tangent distance and length of all curves for all of the following : (Show existing items that are intersecting or contiguous with the boundary of or forming a boundary with the subdivision, as well as, those within the subdivision). Rev ised 4/14 Page 5 of 6 Ex isting Proposed [8] [8] [8] [8] .i ~ [8] t@ [8] tf/j [8] [8] [8] [8] [8] [8] tfi1 tf/iJ ~ [8] ~ [8] [8] Streets . Cont inuous or end in a cul-de-sac, stubbed out streets must end into a temp . turn around unless they are shorter than 100 feet. Public and private R.O .W . locations and widths . (All existing and proposed R.O .W .'s sufficient to meet Thoroughfare Plan .) Street offsets and/or intersection angles meet ordinance . Alleys . Well site locations. Pipelines. If carrying flammable gas or fuel , also show size of line, design pressure and product transported through the line . Ut ility services (water & sanitary sewer). All existing and proposed utilities of sufficient size/depth to meet the utility master plan and any future growth areas . Easements . Drainage structures and improvements including underground storm sewe r and all overland systems (flow line of existing watercourses) and showing where these will discharge . Proposed channel cross sections , if any . A number or letter to identify each lot or site and each block (numbered sequentially). Parkland dedication/greenbelt area/park linkages. All proposed dedications must be reviewed by the Parks and Recreation Adv isory Board and documentation of their recommendation provided prior to be ing scheduled for P&Z Commission consideration. Greenways dedication . Public areas . Other public improvements , including but not limited to parks , schools and other public facilities . ~ Proposed phasing . Each phase must be able to stand alone to meet ordinance requirements and infrastructure costs shown to be distributed evenly throughout the subdivision . Phases must be final platted in sequential order as shown or defined on the preliminary plan . ~ Are there impact fees associated with this development? D Yes ~No Rev ised 4/14 If Pr int Form Page 6 of 6 _ .... FOR OFFICJ [USE ON ~ CASE NO.: \,-\ct':> DATE SUBMITIED: B -l "?::>-~g C1rY OF C ou,EGE STAT IO Homt of Texas A&M Un ivmity • TIME: \ \ '. °6 ~ STAFF : c.:s:> PRELIMINARY PLAN APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: j [8] $932 Preliminary Plan Application Fee . ff/lJr" $233 Waiver Request to Subdivision Regulations Fee (if applicable). -" [8] 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 . Six (6) folded copies of plan . A revised mylar original must be submitted after approval. 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 . Impact study (if oversized participation is requested). The attached Preliminary Plan checklist with all items checked off or a brief explanation as to why they are not. Date of Optional Preapplication Conference -------------------------- NAME OF PROJECT The Barracks II Subdivision ADDRESS 3100 Haupt Road, College Station SPECIFIED LOCATION OF PROPOSED SUBDIVISION : Crawford Burnett League, A-7 -Generally located north of Rock Prairie Road Between Wellborn Road & Holleman Drive South APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name Heath Phillips E-mail heath_ superiorstructures@yahoo.com Street Address P.O. Box 262 ----------------------------------- City Wellborn State Texas Zip Code _7_78_8_1 ____ _ Phone Number 979.229.5906 Fax Number 979. 703. 7903 ---------------- PROPERTY OWNER'S INFORMATION (ALL owners must be identified . Please attach an additional sheet for multiple owners): Name Heath Phillips Investments, LLC (Heath Phillips) E-mail heath_superiorstructures@yahoo.com P .O . Box 262 Street Address City Wellborn State Texas Zip Code 77881 ------- Phone Number 979 .229.5906 Fax Number 979 . 703 . 7903 ------------------------------ ARCHITECT OR ENGINEER'S INFORMATION : Name Joe Schultz, P.E. -Engineer Street Address 2730 Longmire Drive, Suite A City College Station State Texas Zip Code _7_78_4_5 ____ _ Phone Number 979. 764 .3900 Fax Number 979. 764 .3910 ---------------- Revised 4/14 Page 1 of6 Total Acreage _4_8._3_7 _______ _ Total No . of Lots 69 ------R-0-W Acreage _4_.0_6 _____ _ Number of Lots By Zoning District 69 POD Average Acreage Of Each Residential Lot By Zoning District: 0.08 POD Floodplain Acreage _N_IA _________________________________ _ NOTE: Appropriate zoning for the proposed subdivision must be in place before this application can be considered complete . Are you proposing to dedicate park land by acreage or fee in lieu of land? _~_e_s ______________ _ Are you propos ing to [81 develop the park D dedicate the development fee? (Check one) This information is necessary to help staff identify the appropriate standards to review the application and will be used to help determine if the application qualifies for vesting to a previous ordinance . Notwithstanding any assertion made , vesting is limited to that which is provided in Chapter 245 of the Texas Local Government Code or other applicable law. Is this application a continuation of a project that has received prior City platting approval(s) and you are requesting the application be reviewed under previous ordinance as applicable? [81 Yes D No If yes, provide information regarding the first approved application and any related subsequent applications (provide additional sheets if necessary): Project Name : The Barracks II (PP) City Project Number (in known): 11-50088 , 12-500141 & 14-0090001 Date I Timeframe when submitted: Requested wavier to subdivision regulations and reason for same (if applicable): Revised 4/14 Page 2 of6 Regarding the waiver request, explain how: 1. There are special circumstances or conditions affecting the land involved such that strict application of the subdivision regulations will deprive the applicant of the reasonable use of his land . IA 2 . The waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant. 3. The granting of the waiver will not be detrimental to the public health, safety , or welfare , or injurious to other property in the area , or to the City in administering subdivision regulations . 4 . The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of the Unified Development Ordinance . Fee in lieu of sidewalk construction is being requested because of the following condition (if applicable): 1. O An alternative pedestrian way or multi-use path has been or will be provided outside the right-of-way ; 2 . 0 The presence of unique or unusual topographic , vegetative, or other natural conditions exist so that strict adherence to the sidewalk requirements of the UDO is not physically feasible or is not in keeping with the purposes and goals of the UDO or the City's comprehensive Plan ; 3. 0 A capital improvement project is imminent that will include construction of the required sidewalk . Imminent shall mean the project is funded or projected to commence within twelve (12) months ; 4 . D Existing streets constructed to rural section that are not identified on the Thoroughfare Plan with an estate I rural context ; 5. rJ When a sidewalk is required along a street where a multi-use path is shown on the Bicycle, Pedestrian, and Greenways Master Plan ; Revised 4/14 Page 3 of 6 6 . D The proposed development is within an older residential subdivision meeting the criteria in Platting and Replatting within Older Residential Subdivis ions Section of the UDO ; or 7. D The proposed development contains frontage on a Freeway I Expressway as designated by Map 6 .6 , Thoroughfare Plan -Functional Classification, in the City's Comprehensive Plan . Detailed explanation of condition identified above: l~N/A _______ -------- NOTE: A waiver to the sidewalk requirements and fee in lieu of sidewalk construction shall not be considered at the same time by the Planning & Zoning Commission. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true , correct, and complete . IF THIS APPL/CATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement from the owner. If there is more than one owner, all owners must sign the application or the 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. LIEN HOLDERS identified in the title report are also considered owners and the appropriate signatures must be provided as described above . 8/13/2014 Signature and title Date Revised 4/14 Page 4 of 6 PRELIMINARY PLAN MINIMUM REQUIREMENTS (ALL CITY ORDINANCES MUST BE MET) INCLUDING BUT NOT LIMITED TO THE FOLLOWING: [8J Drawn on 24" x 36" sheet to scale of 100' per inch or larger. Include the words "PRELIMINARY PLAN - NOT FOR RECORD" in letters 1/2" high . If more than 1 sheet, an index sheet showing entire subdivision at a scale of 500 feet per inch or larger. [8J Vicinity map which includes enough of surrounding area to show general location of subject property in relationship to College Station and its City Limits . No scale required but include north arrow. [8J T itle Block with the following information : Revised 4/14 Name and address of subdivider, recorded owner, engineer and surveyor. Proposed name of subdivision (subdivision name & street names will be approved through Brazos County 911). Date of preparation (including the date the plat was submitted and the dates of any revisions on the plat). Engineer's scale in feet. Total area intended to be developed . North Arrow. Location of current city limit lines and current zoning district boundary . The appropriate zoning district(s) must be in place for the proposed land uses before the application for a subdivision . Subd ivision boundary indicated by heavy lines. Boundary must include all of parent tract. Descriptions by metes and bounds of the subdivision which shall close with in accepted land survey standards . (Labeled on boundary lines, not separate metes and bounds description .) Primary control points or descriptions and ties to such control point , to which , later, all dimensions, angles , bearings , block numbers , and similar data shall be referred . The plat shall be located with respect to a corner of the survey or tract , or an original corner of the original survey of which it is a part . Name of contiguous subdivisions and names of owners of contiguous parcels of unsubdivided land , and an indication whether or not contiguous properties are platted . Location of the 100 Year Floodplain and Floodway , if applicable , according to the most recent available data. Topographic information , including contours at two foot (2 ft .) intervals , wooded areas , and flowline elevation of streams. Proposed land uses (in compliance with existing zoning district). The location and description with accurate dimensions , bearings or deflection angles and radii, area , center angle , degree of curvature , tangent distance and length of all curves for all of the following : (Show existing items that are intersecting or contiguous with the boundary of or forming a boundary with the subdivision , as well as , those within the subdivision). Page 5 of6 Existing Proposed lg] lg] lg] lg] lg] lg] lg] lg] rill 11/R lg] ~ rrtt ~ lg] lg] ~ lf/i lg] lg] lg] lg] Streets. Continuous or end in a cul-de-sac , stubbed out streets must end into a temp . turn a round unless they are shorter than 100 feet. Public and private R .O .W. locations and widths . (All existing and proposed R.O .W.'s sufficient to meet Thoroughfare Plan .) Street offsets and/or intersection angles meet ordinance . Alleys. Well site locations . Pipelines. If carrying flammable gas or fuel , also show size of line , design pressure and product transported through the line. Utility services (water & sanitary sewer). All existing and proposed utilities of sufficient size/depth to meet the utility master plan and any future growth areas. Easements . Drainage structures and improvements including underground storm sewer and all overland systems (flow li ne of existing watercourses) and showing where these will discharge . Proposed channel cross sections , if any . A number or letter to identify each lot or site and each block (numbered sequentially). Parkland dedication/greenbelt area /park linkages . All proposed dedications must be reviewed by the Parks and Recreation Advisory Board and documentation of their recommendation provided prior to being scheduled for P&Z Commission consideration . * ~ Greenways dedication . lg] lg] Public areas . lg] lg] Other public improvements , including but not limited to parks , schools and other public facilities . [gj Proposed phasing . Each phase must be able to stand alone to meet ordinance requirements and infrastructure costs shown to be distributed evenly throughout the subdivision . Phases must be final platted in sequential order as shown or defined on the preliminary plan . [gj Are there impact fees associated w ith this development? D Yes [gj No Revised 4/14 Print FC?rm J Page 6 of 6 ~-"' ·~ ' I " ; ,, ~~ ,' / I ,. , I, ' - '----JI; --___ _, •. ; ,' , I It : ·,.\ '.I ,, ___ ... ' 7 ' \ ! ' ,, ~- " ',,..-... , ..... ', 2-f'OOT TOPOGAAPHC IN"ORMA.'hON 08TMHEDl'ROMT!o.:a.JEH'T UOOT TI:ll'OOR.YMC H"c:iRW.noH OllTAINEDRICIMT)eQTT llUSTIN0 11»-YV#I~ --"""""' ', ,, , , , ,' ·' a:: ~ a. >;-<( 0:2: ~l<: za:: Q~ f-- z O-Z:) 0 a. Oo e>o zo ~~ ~ N . I Scale: 1 Inch = 600 Fee Area : 48 .370 Acres (2 ,106 ,993 .00 Square Feet) 14-195 PRELIMINARY PLAN BARRACKS II PH 109, 110, 300, 401 & 403 ; 69 LOTS ACRES 48 .37 Area: 48.370 Acres (2 ,106 ,993 .00 Square Feet) Perimeter: 8308 .73 Feet Gap = 0 .024 (North 5° 3' 36" West) CLOSED 8-19-2014 BR 1. N22°02'42"W 433 .23' 5. S02 °24 '58"E Ch35.14' Rad25 .0 0' R S38°42'42"W Ch65 .2 0' Rad532 .5CX:R S02 °45'43"E Ch35 .36' Rad25.00' R 2. N42°08'32"E 3219.51 ' 6. S42 °14 ' l 7"W 40 .54' 10 . S42 °14'17"W 162 .04' 14 . S42 °14'17"W 1110 .24' 3. S47°04'17"E 395.75' 7. S38 °4 3'42"W Ch75 .60' Rad617.5 CX L S87 °15'24"W Ch35 .37' Rad25 .0CXR N47 °45'43"W 441 .17' 4. S47°04'14"E 376.03' 8. S35 °13'0 7"W 260.61' 12 . S42 °14'17"W 67 .00' 16 . S42 °14'17"W 15 44 .1 9' GAP error caimot be greater than 0 .10 (S ee SOP for Exceptions) Zoning Districts R-4 Multi-Famliy BPI Business Park Industrial POD Planned Development District R Rural R-6 High Density Multi-Family NAP Natural Areas Protected 'NPC Wolf Pen Creek Dev. Corridor E Estate MHP Manufactured Home Park C-3 Light Commercial NG-1 Core Northgate RS Restricted Suburban 0 Office M-1 Light Industrial NG-2 Transitional Northgate GS General Suburban SC Suburban Commercial M -2 Heavy Industrial NG -3 Residential Northgate R-1B Single Family Residential GC General Commercial C -U College and University ov Corridor Overlay D Duplex Cl Commercial-Industrial R&D Research and Development ROD Redevelopment District T Townhouse BP Business Park P-MUD Planned Mixed-Use Development KO Krenek Tap Overlay I vr 11 T HE BARRACKS II SUBDIVISIO N I lease : PRE LIMINA RY PL A N I DEVEL OPME NT REVIEW : : 14-1 9 5 DEVELOPMENT REVIEW I !Case : 14-195 PRELIMINARY PLAN I