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FOR OFFICE USE ONLY CASE NO.: 1 '-t--Z..13 DATE SUBMITTED: \ \ I \ \ / l y TIME : L\-· Z,. ~ C rTY or C o ll.EGE STATION Home of Texas A&M Unive rsi ty• STAFF: f\.-0 ~=-~~~~~~~ (Check one) D Minor ($700) FINAL PLAT APPLICATION D Amending ($700) D Final ($932) D Vacating ($932) ,B(R.eplat ($932) Is this plat in the ET J? O Yes Rf No Is this plat Commercial D or Residential ~ MINIMUM SUBMITTAL REQUIREMENTS: / 0 $700 -$932 Final Plat Application Fee (see above). ~ $233 Waiver Request to Subdivision Regulations Fee (if applicable). ~ $600 (minimum) Development Permit Application I Public Infrastructure Review and Inspection Fee . Fee is 1 % of acceptable Engineer's Estimate for public infrastructure , $600 minimum (if fee is > $600 , the balance is due prior to the issuance of any plans or development permit). /0' 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 . ./ B Six (6) folded copies of plat. (A signed mylar original must be submitted after approval.) ~ Two (2 ) copies of the grading , drainage , and erosion control plans with supporting drainage report. )ID Two (2 ) copies of the Public infrastructure plans and supporting documents (if applicable). ;f1J5 Copy of original deed restrictions/covenants for replats (if applicable). 0"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. g-Paid tax certificates from City of College Station , Brazos County and College Station l.S .D. /ff The attached Final Plat checklist with all items checked off or a brief explanation as to why they are not NOTE: A mylar of the approved preliminary plan must be on file before a final plat application will be considered complete . If the mylar is submitted with the final plat application , it shall be considered a submittal for the preliminary plan project and processed and reviewed as such. Until the mylar has been confirmed by staff to be correct , the final plat application will be considered incomplete. Date of Optional Preapplication or Stormwater Management Conference NAME oF PROJECT Herman r. J((enek ,5;bd;u;efi an , Fha.se__ Tuo ADDRESS /,5)5 +-r/t3!7 -(e.'f/l:S ,4/e SPECIFIED LOCATION OF PROPOSED PLAT: APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name c.O\,. \ ~b Ve..V\a.b~ E-mail co. l e..b Vevtet-~k.Q)CJ Mtll. ~-1 . c C1 VV1 Street Address 31'1? N. ~ya>r ~- ' City fbrv~ I Phone Number 17 1-7 DJ-'I 7 'f Revised 4/14 State IX Zip Code 71'fO3 Fax Number ~~~~~~~~~~~~~ Page 1 of 9 ""1..:... ,;• PROPERTY OWNER'S INFORMATION (All owners must be identified. Please attach an additional sheet for multiple owners): Name L 2 V Praww-1-1-e.s 1 LL c_ Street Address '3 l ~ t.f, ~~ Av-<.. City fh.vtY? Phone Number 4 7 '1 -7 OJ -C I 71 ARCHITECT OR ENGINEER'S INFORMATION : Name le.re SJ n/ e4 i n~ UC. Street Address L/{)q )/. JeXO.S Arte State _'TX~-----Zip Code 7 7 ~O) Fax Number E-mail ko /.5e. kr/:er e.5-vddenlinK011.l (, {!,om City Bn;an State 1X. Zip Code ~7<f03 Phone Number ~~~lo~~~-~31~1._3"' _________ Fax Number C,9/-~C/()t./- Do any deed restrictions or covenants exist for this property? O Yes ~No Is there a temporary blanket easement on this property? If so , please provide the Volume ____ and Page No . --- Total Acreage ~~~·fo_l ____ _ Total No . of Lots I R-0-W Acreage ~A/_4~---- Existing Use lf.:X0@1 ftof' Number of Lots By Zoning District Proposed Use fe.5;f'c/ erti6f I I I Average Acreage Of Each Residential Lot By Zoning District: ;?.& ( I (Z_ t./ ___ / __ _ ___ / __ _ ___ / __ _ Floodplain Acreage ___..::::::._::==--------------------------------- Is there Special Flood Hazard Area (Zone A or Zone AE on FEMA FIRM panels) on the property? I Yes ~No 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? I Yes I No If yes , provide information regarding the first approved appl ication and any related subsequent applications (provide additional sheets if necessary): Project Name : City Project Number (if known): Date I Timeframe when submitted : Revised 4/14 Page 2 of 9 A statement addressing any differences between the Final Plat and Preliminary Plan (if applicable): I )!ff IRe;;d waiver to subdivision regulations and reason for same (if applicable): 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. 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. r An alternative pedestrian way or multi-use path has been or will be provided outside the right-of-way ; 2 . I 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 . I 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 . I Existing streets constructed to rural section that are not identified on the Thoroughfare Plan with an estate I rural context ; 5. I 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 9 6 . I The proposed development is within an older residential subdivision meeting the criteria in Platting and Replatting within Older Residential Subdivisions Section of the UDO; or 7 . I 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: 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 . Total Linear Footage of Proposed Public: Streets Sidewalks -- Sanitary Sewer Lines Water Lines -- Channels -- Storm Sewers -- Bike Lanes I Paths -- Parkland Dedication due prior to filing the Final Plat: ACREAGE : ___ No. of acres to be dedicated + $ ____ development fee ___ No. of acres in floodplain No . of acres in detention --- ---No . of acres in greenways OR FEE IN LIEU OF LAND : __ No. of SF Dwelling Units X $ = $ -------- (date) Approved by Parks & Recreation Advisory Board ---- NOTE: DIGITAL COPY OF PLAT MUST BE SUBMITTED PRIOR TO FILING. 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 . Signature and title Date Revised 4/14 Page 4 of 9 Existing G- FINAL PLAT MINIMUM REQUIREMENTS (ALL CITY ORDINANCES MUST BE MET) INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (Requirements based on field survey and marked by monuments and markers.) ~Drawn on 24 " x 36" sheet to scale of 100' per inch . if 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. c:g-/Title Block with the following information : W Name and address of subdivider, recorded owner, planner, engineer and surveyor. ~Proposed name of subdivision . (Subdivision name & street names will be approved through Brazos County 911.) B-Date of preparation. ~ Engineer's scale in feet. (3' Total area intended to be developed. ~ North Arrow. (3-" Subdivision boundary indicated by heavy lines . D If more than 1 sheet , an index sheet showing entire subdivision larger. at a scale of 500 feet per inch or g-All applicable certifications based on the type of final plat. CT;} Ownership and Dedication g-Surveyor and/or Engineer G--City Engineer (and City Planner, if a minor plat) Q-Planning and Zoning Commission (delete if minor plat) W Brazos County Clerk D Brazos County Commissioners Court Approval (ET J Plats only) g-If submitting a replat where there are existing improvements , submit a survey of the subject property showing the improvements to ensure that no encroachments will be created . D If using private septic systems , add a general note on the plat that no private sewage facility may be installed on any lot in this subdivision without the issuance of a license by the Brazos County Health Unit under the provisions of the private facility regulations adopted by the Commissioner's Court of Brazos County , pursuant to the provisions of Section 21 .084 of the Texas Water Code. Location of the 100-Year Floodplain and floodway , if applicable , according to the most recent available data . Lot corner markers and survey monuments (by symbol) and clearly tied to basic survey data . Matches the approved preliminary plan or qualifies as minor amendments (UDO Section 3.3 .E.2). 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). Proposed D D D Streets . Continuous 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 . Revised 4/14 Page 8 of 9 Existing D a- Er D Proposed D B-" Alleys. Easements. a-A number or letter to identify each lot or site and each block (numbered sequentially). D Parkland dedication/greenbelt area/park linkages. All proposed dedications must be reviewed by the Parks and Recreation Advisory Board and documentation of the ir recommendation provided prior to being scheduled for P&Z Commission consideration . 0 Construction documents for all public infrastructure drawn on 24" x 36" sheets and property sealed by a Licensed Texas Professional Engineer that indude the following : O Street , alley and sidewalk plans , profiles and sections . One sheet must show the ove rall street , alley and/or sidewalk layout of the subdivision . (may be combined with other utilities). 0 Sewer Design Report. O Sanitary sewer plan and profile showing depth and grades . One sheet must show t he overall sewer layout of the subdivision . (Utilities of sufficient size/depth to meet the utility master plan and any future growth areas .) 0 Water Design Report and/or Fire Flow Report. O Water line plan showing f ire hydrants, valves , etc. with plan and profile lines showing depth and grades. One sheet must show the overall water layout of the subdivis ion . (Utilities of sufficient size/depth to meet the utility master plan and any future growth areas .) 0 Storm drainage system plan with contours , street profile , inlets, storm sewer and drainage channels , with profiles and sections. Drainage and runoff areas , and runoff based on 5 , 1 O, 25 , 50 and 100 year rain intensity . Detailed drainage structure design , channel lining design & detention if used. One sheet must show the overall drainage layout of the subdivision . 0 Detailed cost estimates for all public infrastructure listed above sealed by Texas P.E . D Letter of completion for public infrastructure or guarantee I surety in accordance with UDO Secti on 8 .6. D Drainage Report with a Technical Design Summary . 0 Erosion Control Plan (must be induded in construction plans ). D A ll off-site easements necessary for infrastructure construction must be shown on the final plat with a volume and page listed to indicate where the separate instrument easements were filed . Separate instrument easements must be prov ided in recordable form to the City prior to being scheduled for P&Z Commission consideration . ~ Are there impact fees associated with this development? O Yes ~ No Impact fees must be paid prior to building permit. b2(' Will any construction occu r in TxDOT rights-of-way? 0 Yes 'gr No If yes , TxDOT permit must be submitted along with the construction documents. NOTE : 1. We will be requesting the corrected Final Plat to be submitted in digital form if available prior to filing Revised 4/14 the plat at the Courthouse . 2 . If the construction area is greater than 5 acres , EPA Notice of Intent (NOi) must be submitted prior to issuance of a development permit. Print Form Pa ge 9 of 9 OWNER'S POLICY OF TITLE INSURANCE Issued by Title Resources Guaranty Company Name and Address of Title Insurance Company: TITLE RESOURCES GUARANTY COMPANY 8111 LBJ Freeway, Suite 1200, Dallas, Texas 75251 SCHEDULE A File No .: 142015 Policy No.: 39-R0-142015 Address for Reference only: 2317 Texas Avenue South A, College Station, TX 77840 Amount of Insurance : $280,000.00 Date of Policy: August 1, 2014, at 3:09 pm 1. Name of Insured: LZV Properties, LLC 2. .The estate or interest in the Land that is insured by this policy is: Tract One and Two: Fee Simple Tract Three: Private Access Easement 3. Title is insured as vested in: LZV Properties, LLC 4. The Land referred to in this policy is described as follows: SEE ATTACHED EXHIBIT "A" 12--e,r 1e:r /-fe.Jfl1~ f. }(re.n·-e.JL pH /_.L-0...,-SfJ -p FORM T-1: Owner's Policy of Title Insurance Premium: $1,872.00 Page 1 Continuation of Schedule A Policy No. 39-R0-142015 EXHIBIT "A " Tract One: Fee Simple All that certain tract or parcel of land lying and being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas. Said tract being the same tract of land called 0.75 acres as described by a Deed to Betty Lou Thibodeaux recorded in Volume 3469, Page 110 of the Official Public Records of Brazos County, Texas. Said T ract being more particularly described by metes and bounds as follows: BEGINNING: at a 1/2 inch iron rod found on the Northwest line of a called 3.46 acre tract as described by a Deed to Charles R. Farrar, Sr., and Lucy H. Farrar, recorded in Volume 2312 , Page 227 of the Official Public Records of Brazos County, Texas, said iron rod found marking the common corner of Lot lB and Lot 2, Block 1, Kirkpatrick Subdivision according to the plat recorded in Volume 729 , Page 771 of the Official Records of Brazos County, Texas ; THENCE: N 48° 03' 47" W along the common line of said Lot lB and Lot 2 for a distance of 40.00 feet to a 5/8 inch iron rod found on the Northwest line of a 40 foot wide utility and access easement as described in Volume 488, Page 519 of the Deed records of Brazos County, Texas, for reference a 3/8 inch iron rod found on the Southeast line of KFO Addition, Phase II, marking the common corner of said Lot I Band Lot 2 Bears: N 48° 03' 57'' W for a distance of 194.58 feet; THENCE: N 41 ° 48' 05" E through said Lot 2 and along the Northwest line of said 40 foot wide easement for a distance of 87.92 feet to a 112 inch rod found on the Northeast line of said Lot 2; THENCE: N 48 ° 01' 19" W along the Northeast line of said Lot 2 for a distance of 194.80 feet to a 112 inch iron pipe found on the Southwest line of said KFO Addition, Phase II, marking the North corner of said Lot 2 and the Northwest corner of said 0.75 acre tract; THENCE: N 42° 16' 06" E along the common line of said 0.75 acre tract and KFO Addition , Phase II, for a distance of 119.48 feet to a 112 inch iron rod found marking the North corner of said 0.75 acre tract; THENCE: S 50 ° 16' 31" E along the common line of said 0.75 acre tract and a tract of land now or formerly belonging to Lois Kirkpatrick for a distance of 235.39 feet to a 112 inch iron rod found marking the East corner of said 0.75 acre tract; THENCE: S 43° 00' 42" W along the common line of said 0.75 acre tract and a tract of land now or formerly belonging to Gerald W. Farrar for a distance of 56.51 feet to a 3/8 inch iron rod found marking the North corner of the aforementioned 3.46 acre tract; THENCE: S 41° 52' 42" W along the common line of said 0.75 acre tract and said 3.46 acre tract for a distance of 160.13 feet to the POINT OF BEGINNING containing 0.752 of an acre of land more or less. Tract Two: Fee Simple All that certain tract or parcel of land lying and being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas. Said Tract being a portion of Lot 2, Block 1, Kirkpatrick Subdivision, according to the Plat recorded in Volume 729, Page 771 of the Official Records of Brazos County, Texas, and being the same tract of land called 0.36 acres as described b y a Deed to Betty Lou Thibodeaux recorded in Volume 35469, Page 110 of the Official Public Records of Brazos County, Texas. Said Tract being more particularly described by metes and bounds as follows: BEGINNING: at a 3/8 inch iron rod found on the Southeast line of KFO Addition, Phase II, marking the common corner of said Lot 2 and Lot lB, Block 1, Kirkpatrick Subdivision; THENCE: N 41 ° 39' 31" E along the common line of said Lot 2 and KFO Addition, Phase II, for a distance of 88.07 feet to a 112 inch iron pipe found marking the North corner of said Lot 2 and the Northwest corner of a called 0. 75 acre tract as described by a Deed to Betty Lou Thibodeaux recorded in Volume 3469, Page 110 of the Official Public Records of Brazos County, Texas ; FORM T-1: Own er's Policy of Title Insurance Page 2 Continuation of Schedule A Policy No . 39-R0-142015 THENCE: S 48° 01' 19" E along the common line of said Lot 2 and said 0.75 acre tract for a distance of 194.80 feet to a 1/2 inch iron rod found marking an interior West corner of said 0.75 acre tract; THENCE: S 41° 48' 05" W through said Lot 2 and along a Northwest line of said 0.75 acre tract for a distance of 87.92 feet to a 5/8 inch iron rod found on the common line of said Lot 2 and Lot lB, for reference a 1/2 inch iron rod found marking the common corner of said Lot 2 and Lot lB Bears: S 48° E 03' 57" W for a distance of 40.00 feet; THENCE: N 48° 03' 57" W along the common line of said Lot 2 and Lot lB for a distance of 194.58 feet to the POINT OF BEGINNING containing 0.393 of an acre of land more or less. Tract Three: Private Access Easement 24' wide private access easement as shown on the Kirkpatrick Subdivision Plat recorded in Volume 729, Page 771 of the Official records of Brazos County, Texas NOTE: The Company is prohibited from insuring the area or quantity of land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. FORM T-1: Owner's Policy of Title Insurance Page 3 -------------- OWNER'S POLICY OF TITLE INSURANCE Issued by Title Resources Guaranty Company SCHEDULE B File No .: 142015 Policy No .: 39-R0-142015 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs , attorneys' fees or expenses) that arise by reason of the term s and conditions of leases and easements , if an y, shown in Schedule A , and the following matters : 1. The follovling restriotiYe oo'venants of record itemized below (the Company must either in sert specific reo ording data or delete this exception): 2. Any discrepancies, conflicts, or shortages in area or boundary lines , or any encroachments or protrusions, or any overlapping of improvements. 3 . Homestead or community property or survivorship rights , if any, of any spouse of any Insured . 4. Any titles or rights asserted by anyone, including , but not limited to , persons, the public, corporations , governments or other entities , a . to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams , lakes , bays , gulfs or oceans, or b. to lands beyond the line of harbor or bulkhead lines as established or changed by any government, or c . to filled-in lands, or artificial islands , or d . to statutory water rights , including riparian rights, or e . to the area extending from the line of mean low tide to the line of vegetation , or the right of access to that area or easement along and across that area . 5 . Standby fees, taxes and assessments by any taxing authority for the year 2014, and subsequent years ; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership , but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11 .13 , Texas Tax Code, or because of improvements not assessed for a previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters (The Company must insert matters or delete this exception.): a. Rights of Parties in Possession. b. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. c. 25' setback along the southeast and northwest sides; 7.5' setback along the northeast and southwest sides; 24' private access easement and a 40' utility and access easement along the portion of the tract southeast of Tract Two as set out on plat recorded in Volume 729, Page 771, Official Records, Brazos County, Texas as shown on survey prepared on December 3, 2003, under the supervision of Brad Kerr, R.P.L.S. #4502. (Tract One) d. 25' setback line along the southeast side, 7.5' setback along the southwest and northeast sides; 25' setback and 5' electrical easement along the northwest side; aerial electric lines extending from the north corner to the wood/brick building and metal building and along the southwest side as set out on plat recorded in Volume 729, Page 771, Official Records, Brazos County, Texas as shown on survey prepared on December 3, 2003, under the supervision of Brad Kerr, R.P.L.S. #4502. (Tract Two) FORM T-1: Owner's Policy of Title Insurance Page 4 Continuation of Schedule B Policy No . 39-R0-142015 e. Encroachment of existing portable wood and metal buildings into the setback on the northwest side(s) of the property, as shown on survey prepared on December 3, 2003, under the supervision of Brad Kerr, R.P.L.S. #4502. (Tract One) f. Encroachment of metal building into the setback on the northwest side(s) of the property, as shown on survey prepared on December 3, 2003, under the supervision of Brad Kerr, R.P.L.S. #4502. (Tract Two) g. Any claim or right of adjoining property owner(s) to that strip of land lying between the fence and the boundary line on the northeast sides (Tract One), northwest side (Tracts One and Two); southwest side (Tract Two) of the property, as shown on survey prepared on December 3, 2003, under the supervision of Brad Kerr, R.P.L.S. #4502. h. Lack of a right of access to and from the land. Covered Risks number 4 is hereby deleted. (Tract 2) i. Rights of others in and to the use of the private access easement as reflected on Schedule A. (Tract One and Three) j. Easements as set out on plat recorded in Volume 729 , Page 771, Official Records, Brazos County, Texas. (Tract Three) k. Easement: From: L. J. Kirkpatrick, et ux To: Gerald Farrar, et al Dated: July 14, 1981 Recorded: Volume 488, Page 519, Deed Records, Brazos County, Texas as shown and noted on survey prepared on December 3, 2003 , under the supervision of Brad Kerr, R.P.L .S. #4502. (Tracts One, Two and Three) I. Easement: From: Joe M. Boriskie, et ux To: City of Bryan Dated: April 13, 1937 Recorded: Volume 98, Page 216, Deed Records, Brazos County, Texas as noted on survey prepared on December 3, 2003, under the supervision of Brad Kerr, R.P.L.S. #4502. (Tracts One, Two and Three) m. Easement: From: V. J. Boriskie To: Humble Pipeline Co. Dated: July 21, 1919 Recorded: Volume 49 , Page 33, Deed Records, Brazos County, Texas as noted on survey prepared on December 3, 2003, under the supervision of Brad Kerr, R.P.L.S. #4502. Modified by Encroachment Agreement: Dated: February 24, 1982 Recorded: Volume 513 , Page 156, Deed Records, Brazos County, Texas. (Tracts One, Two and Three) n. Easement: From: J. M. Boriskie To: Humble Pipeline Co. Dated: July 19, 1919 Recorded: Volume 49, Page 18, Deed Records, Brazos County, Texas as noted on survey prepared on December 3, 2003, under the supervision of Brad Kerr, R.P.L.S. #4502. Modified by Encroachment Agreement: Dated: February 24, 1982 Recorded: Volume 513, Page 156, Deed Records, Brazos County, Texas. (Tracts One, Two and Three) o. Reciprocal Access and Drainage Agreement: Between: The First National Bank Of Bryan and H&B Investments, LP FORM T-1: Owner's Policy of Title Insurance Page S - - -_________________ __J Continu ation of Sc hedul e B Poli cy No . 39-R0-142015 Dated: June 15, 2006 Recorded: Volume 7597 , Page 233 , Official R ec ords, Brazos County, Texas. (T ract T hree) p. T erms, Conditions, and Stipulations in the Agreement by and between: Parties: Wilburn Lewis Kirkpatrick, Trustee of the T estamentary T rust et al. and H&B I nvestments, LP Dated: Ausust 20 , 2002 Recorded: Volume 4832, Page 230, Official Records, Brazos County, T exas. (Tract Three) q. M ineral R eservation in Deed: By : Lewis J. Kirkpatrick, et ux T o: Carrell G. Kirkpatrick, et ux Dated: October 23, 1984 Recorded: Volume 745, Page 14, Official Records, Brazos County, T exas. Title to said interest has no t been investigated subsequent to the date of the aforesaid instrument. (Tract 2) r. M ineral Reservation in Deed: By: Carrell Kirkpatrick, et ux To: Betty Lou Kirkpatrick Thibodeaux Dated: October 17, 1990 Recorded: Volume 1216, Page 380 , Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. (Tract 2) s. M ineral Reservation in Deed: By: Lewis Kirkpatrick Sr. et ux To: Ronald Cuse, Trustee Dated: November 30, 1984 Recorded: Volume 745 , Page 20, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. (Tract Three) t. Mineral Reservation in Deed: By : Ronald Cruse, Trustee To: Group Five Joint Venture Dated: May 31, 1985 Recorded: Volume 794 , Page 697, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. (Tract Three) u. Oil and Gas Lease, and all terms, conditions and stipulations therein: Lessor: Carrell Kirkpatrick Lessee: loco Oil Company, Inc. Dated: February 7, 1992 Recorded: Volume 1480, Page 208, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. (Tracts One and Two) v. Oil and Gas Lease, and all terms, conditions and stipulations therein: Lessor: Carrell Kirkpatrick, et ux Lessee: loco Oil Company, Inc. Dated: February 10 , 1992 Recorded: Volume 1480, Page 213 , Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. (Tracts One and Two) w. Oil and Gas Lease, and all terms, conditions and stipulations therein: Lessor: Estate of Lois Kirkpatrick Lessee: loco Oil Company, Inc. Dated: March 27, 1992 Recorded: Volume 1488, Page 199, Official Records, Brazos County, Texas. Title to said interest has not be en investigated subsequent to the date of the aforesaid instrument. (Tracts One, Two and Three) FORM T-1: Own er's Policy of Title Insurance Page 6 Continuation of Schedule B Policy No . 39-R0-142015 Countersigned :~··x:1~PJ~ Authorized Counter Signature FORM T-1: Owner's Policy of Title Insurance Page 7 GF No.: 144680 Examiner : Dawn Gibbs Effective Date: October 29, 2014 STATE OF TEXAS COUNTY OF BRAZOS NOTHING FURTHER CERTIFICATE THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they are reflected in the geographically indexed title plant of University Title Company as to the following property, to-wit: Tract One: Fee Simple All that certain tract or parcel of land lying and being situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas. Said tract being the same tract of land called 0.75 acres as described by a Deed to Betty Lou Thibodeaux recorded in Volume 3469, Page 110 of the Official Public Records of Brazos County, Texas. Said Tract being more particularly described by metes and bounds as follows: BEGINNING: at a 112 inch iron rod found on the Northwest line of a called 3.46 acre tract as described by a Deed to Charles R. Farrar, Sr., and Lucy H. Farrar, recorded in Volume 2312, Page 227 of the Official Public Records of Brazos County, Texas, said iron rod found marking the common corner of Lot lB and Lot 2, Block 1, Kirkpatrick Subdivision according to the plat recorded in Volume 729, Page 771 of the Official Records of Brazos County, Texas; THENCE: N 48° 03' 47" W along the common line of said Lot lB and Lot 2 for a distance of 40.00 feet to a 5/8 inch iron rod found on the Northwest line of a 40 foot wide utility and access easement as described in Volume 488, Page 519 of the Deed records of Braz os County, Texas, for reference a 3/8 inch iron rod found on the Southeast line of KFO Addition, Phase II, marking the common corner of said L ot I B and Lot 2 Bears: N 48° 03' 57" W for a distance of 194.58 feet; THENCE: N 41° 48' 05" E through said Lot 2 and along the Northwest line of said 40 foot wide easement for a distance of 87.92 feet to a 112 inch rod found on the Northeast line of said Lot 2; THENCE: N 48° 01' 19" W a long the Northeast line of said Lot 2 for a distance of 194.80 feet to a 112 inch iron pipe found on the Southwest line of said KFO Addition, Phase II, marking the North corner of said Lot 2 a nd the Northwes t corner of said 0.75 acre tract; THENCE: N 42° 16' 06" E along the common line of said 0. 75 acre tract and KFO Addition, Phase II, for a distance of 119.48 feet to a 112 inch iron rod found marking the North corner of said 0.75 acre tract; THENCE: S 50° 16' 31" E along the common line of said 0.75 acre tract and a tract of land now or formerly belonging to Lois Kirkpatrick for a distance of 235.39 feet to a 112 inch iron rod found marking the East corner of s aid 0. 75 acre tract; THENCE: S 43° 00' 42" W along the common line of said 0.75 acre tract and a tract of land now or formerly belonging to Gerald W. Farrar for a distance of 56.51 feet to a 3/8 inch iron rod found marking the North corner of the aforementioned 3.46 acre tract; THENCE: S 41° 52' 42" W along the common line of said 0.75 acre tract and said 3.46 acre tract for a distance of 160.13 feet to the POINT OF BEGINNING containing 0.752 of an acre of land more or less. Tract Two: Fee Simple All that certain tract or parcel of land lying and being situated in the Morgan Rector League, Abstract No. 46, College Stat ion, Brazos County, Texas. Said Tract being a portion of Lot 2, Block 1, Kirkpatrick Subdivision, according to the Plat recorded in Volume 729, Page 771 of the Official Records of Brazos County, Texas, and being the same tract of land called 0.36 acres as described by a Deed to Betty Lou Thibodeaux recorded in Vo lume 3469, Page 110 of the Official Public Records of Brazos County, Texas. Said Tract being more particularly described by metes and bounds as follows: BEGINNING: at a 3/8 inch iron rod found on the Southeast line of KFO Addition, Phase II, marking the common corner of said Lot 2 and Lot lB, Block 1, Kirkpatrick Subdivision; THENCE: N 41° 39' 31" E along the common line of said Lot 2 and KFO Addition, Phase II, for a distance of 88.07 feet to a 112 inch iron pipe found marking the North corner of said Lot 2 and the Northwest corner of a called 0. 75 acre tract as described by a Deed to Betty Lou Thibodeaux recorded in Volume 3469, Page 110 of the Official Public Records of Brazos County, Texas; THENCE: S 48° 01' 19" E along the common line of said Lot 2 and said 0.75 acre tract for a distance of 194.80 feet to a 112 inch iron rod found marking an interior West corner of said 0. 75 acre tract; THENCE: S 41° 48' 05" W through said Lot 2 and along a Northwest line of said 0.75 acre tract for a distance of 87.92 feet to a 5/8 inch iron rod found on the common line of said Lot 2 and Lot lB, for reference a 112 inch iron rod found marking the common corner of said Lot 2 and Lot lB Bears: S 48° E 03' 57" W for a distance of 40.00 feet; THENCE: N 48° 03' 57" W along the common line of said Lot 2 and Lot lB for a distance of 194.58 feet to the POINT OF BEGINNING containing 0.393 of an acre of land more or less. Tract Three: Private Access Easement 24' wide private access easement as shown on the Kirkpatrick Subdivision Plat recorded in Volume 729, Page 771 of the Official records of Brazos County, Texas NOTE: The Company is prohibited from insuring the area or quantity of land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes. And that our records reflect that the following is a true and correct list of documents affecting title to the real property described supra between the dates of August 1, 2014 and October 29, 2014: General Warranty Deed: Grantor: Sylvia H. Robinson Grantee: LZV Properties, LLC Dated: July 3, 2014 Recorded: Volume 12185, Page 116, Official Records, Brazos County, Texas. This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above , but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes , tax suits , special assessments or conflicts. University Title Company By: GFNo .: 144681 Examiner: Angela Bankston Effective Date : October 29, 2014 STATE OF TEXAS COUNTY OF BRAZOS NOTHING FURTHER CERTIFICATE THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they are reflected in the geographically indexed title plant of University Title Company as to the following property, to-wit: Tract One: Fee Simple Lot Five B (SB), Replat of Lot 5 of a Resubdivision Plat of Herman F. Krenek Subdivision Phase Two, City of College Station, according to plat thereof recorded in Volume 6112, Page 149 of the Official Records of Brazos County, Texas. Tract Two: Easement Access easement over and across Lot Twenty-one R (21R), Block One (1), Replat of Lot 21 and 22, Block One, Brentwood, Section One, City of College Station, according to plat thereof recorded in Volume 6112, Page 149 of the Official Records of Brazos County, Texas; and as granted in Volume 6219, Page 74, Official Records, Brazos County, Texas. And that our records reflect that the following is a true and correct list of documents affecting title to the real prope1iy described supra between the dates of August 11, 2014 and October29, 2014: Warranty Deed with Vendor's Lien: Grantor: Charles R. Farrar, Sr. and Lucy H. Farrar Grantee: LZV Properties, LLC Dated: August 8, 2014 Recorded: Volume 12201, Page 290, Official Records, Brazos County, Texas. Deed of Trust to secure a Note: Grantor: LZV Properties, LLC Trustee: J. Fred Bayliss, P.C. Beneficiary: Charles R. Farrar, Sr. and Lucy H. Farrar Amount: $202,500.00 Dated: August 8, 2014 * Recorded: Volume 12201, Page 293, Official Records, Brazos County, Texas. This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. University Title Company UNANIMOUS WRITTEN CONSENT IN LIEU OF ORGANIZATIONAL MEETING OF MANAGER OF LZV PROPETIES, LLC A LIMITED LIABILITY COMP ANY The undersigned, being the Manager named in LZV Properties, LLC's (hereinafter the "Company") Certificate of Formation filed with the Secretary of State of Texas, hereby adopts the following resolutions in lieu of an organizational meeting of the Managers. CERTIFICATE OF FORMATION RESOLVED, that the acknowledgment of filing issued by the Secretary of State of Texas, and the certified copy of the Certificate of Formation filed on July 23 , 2014, are accepted and approved in all respects ; and the Secretary is directed to place same in the Company record book . COMPANY AGREEMENT RESOLVED, that the form of the company agreement for regulating and managing Company affairs submitted to the undersigned is approved and adopted as the Company Agreement of the Company. RESOLVED, that the secretary is ilirected to place the Company Agreement in the Company record book, and maintain a copy of the Company Agreement at the Company's principal office. PRINCIPAL OFFICE RESOLVED, that the Company's principal office be established and maintained at 318 North Bryan Avenue, Bryan, Texas 77803, and that meetings of the Managers from time to time may be held either at the Company's principal office or at such other place as the Managers may select. OFFICERS RESOLVED, that the following persons were nominated to the office preceding their name: Office Officeholder President John Caleb Venable Chief Financial Officer Jessica Venable 1 Secretary !Treasurer John Caleb Venable COMPANY RECORD BOOK RESOLVED , that the Company, through its secretary, shall maintain and authenticate in the Company record book the appropriate business records , including but not limited to originals , copies or certified copies of the Company's Certificate of Formation, the Acknowledgment of Filing , the Company Agreement , the Membership Interest transfer ledger, minutes of the meetings and of other proceedings of the Members, Managers, and any committee established by the Managers; and RESOLVED FURTHER, that the secretary is to maintain in the Company record book records pertaining to the issuance and transfer of Membership Interests. MEMBERSHIP INTEREST ISSUED RESOLVED, that subject to restriction s in the Company Agreement, the Managers be, and hereby a re, authorized to issue from time to time authorized Membership Interests of the Company for money paid , labor done , promissory note , or personal property or real estate or leases thereof actually acquired and upon such terms as the Managers in their discretion may determine; and RESOLVED , that the Managers are authorized to issue additional Membership Interest to appropriately qualified purchasers. COMMENCING BUSINESS RESOLVED, that consideration has been received for the issuance of Membership Interest, and that the Company consequently is able to commence and transact business and to incur indebtedness . ORGANIZATIONAL EXPENSES RESOLVED, that the Company treasurer be and hereby is authorized to pay all charges and e xpenses incident to or arising out of the organization of and to reimburse any person who has made any disbursement therefor. BANK ACCOUNT RESOLVED, that the treasurer be and hereby is authorized to open a bank account on the Company's behalf with any banks the President deems appropriate . 2 LICENSES AND PERMITS RESOLVED, that Company officers are directed to obtain in the Company's name such other licenses and tax permits as may be required for the conduct of Company business by any federal , state , county, or municipal governmental statute, ordinance , or regulations , and are directed and authorized to do all things necessaiy or convenient to qualify to transact Company business in compliance with the laws and regulations of any appropriate federal , state , or municipal governmental authority . OTHER STATES RESOLVED, that for the purpose of authori zing the Company to do business in any state , territory or dependency of the United States or any foreign country in which it is necessary or expedient for the Company to transact business, the proper Company officers are hereby authorized to appoint and substitute all necessary agents or attorneys for service of process , to designate and change the location of all necessary statutory offices and to make and file all necessary certificates, reports , powers of attorney and other instruments as may be required by the laws of such state, territory , dependency or countty to authorize the Company to transact business therein. FISCAL YEAR RESOLVED, that the Company fiscal year shall begin on January 1, and end on December 31 , subject to change by resolution , as appropriate, at the discretion of the Managers . CARRY ON BUSINESS RESOLVED , that the signing of these minutes shall constitute full consent, confirmation, ratification, adoption and approval of the holding of the above meeting, the actions hereby taken, the resolutions herein adopted and waiver of notice of the meeting by the signatories. 3 Dated : July 23, 2014 Manager: J <:iieb Venable 4 RECORDING PAID FOR BY: UTC 14 20 15; ROBINSON-VENABLE VENTURES -GWD (CC) Blll & Re tum to: llIVERSITY TITLE CO MPANY P.O. Drawer OT :allege Sta ion, TX 77841 :#_ .. ---- Notice of fidentiality Rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers 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. GENERAL WARRANTY DEED Date: __,,_J _u __ Uq=+---'3=-0 ___ , 2014 Doc Bk Vol pg UlL03295 OR 12185 116 Grantor: Grantee: SYLVIA H . ROBINSON, A SINGLE PERSON LZV PROPERTIES, LLC Grantee's Mailing Address: Consideration: J4b, Jl~~~~- TEN AND N0/100 DOLLARS ($10 .00) and other good and valuable consideration Property (including any improvements): Tract One: Fee Simple All that certain tract or parcel of land lying and being situated in the Morgan Rector League , Abstract No . 46 , College Station , Brazos County, Texas . Said tract being the same tract of land called 0 .75 acres as described by a Deed to Betty Lou Thibodeaux recorded in Volume 3469, Page 110 of the Official Public 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 found on the Northwest line of a called 3.46 acre tract as described by a Deed to Charles R. Farrar , Sr., and Lucy H . Farrar, recorded in Volume 2312, Page 227 of the Official Public Records of Brazos County, Texas, said iron rod found marking the common corner of Lot 1 Band Lot 2 , Block 1, Kirkpatrick Subdivision according to the plat recorded in Volume 729, Page 771 of the Official Records of Brazos County , Texas ; THENCE : N 48 ° 03' 47" W along the common line of said Lot 1 Band Lot 2 for a distance of 40.00 feet to a 5/8 inch iron rod found on the Northwest line of a 40 foot wide utility and access easement as described in Volume 488, Page 519 of the Deed records of Brazos County, Texas , for reference a 3/8 inch iron rod found on the Southeast line of KFO General Warranty Deed Page 1 of6 Doc Bk Vol pg 012 03295 OR 12185 117 Addition, Phase II, marking the common corner of sa id Lot I Band Lot 2 Bears : N 48 ° 03' 57" W for a distance of 194.58 feet; THENCE: N 4 1° 48' 05" E through said Lot 2 and along the Northwest line of sa id 40 foot wide easement for a distance of 87.92 feet to a 1/2 inch rod found on the Northeast line of said Lot 2; THENCE: N 48 ° 01' 19" W along the Northeast line of said Lot 2 for a distance of 194.80 feet to a 1/2 inch iron pipe found on the Southwest line of said KFO Addition , Phase 11, mark ing the North corner of said Lot 2 and the Northwest corner of said 0 .75 acre tract; THENCE: N 42 ° 16' 06" E along the common line of said 0 .75 acre tract and KFO Addition , Phase II, for a distance of 119.48 feet to a 1/2 inch iron rod found marking the North corner of said 0 .75 acre tract; THENCE: S 50 ° 16' 31" E along the common line of said 0. 75 acre tract and a tract of land now or formerly belonging to Lois Kirkpatrick for a distance of 235 .39 feet to a 1/2 inch iron rod found marking the East corner of said 0.75 acre tract ; THENCE: S 43 ° 00' 42" W along the common line of said 0 .75 acre tract and a tract of land now or formerly belonging to Gerald W . Farrar for a distance of 56 .51 feet to a 3/8 inch iron rod found marking the North corner of the aforementioned 3.46 acre tract ; THENCE: S 41 ° 52' 42" W along the common line of said 0 .75 acre tract and said 3.46 acre tract for a distance of 160.13 feet to the POINT OF BEGINNING containing 0 . 752 of an acre of land more or less . Tract Two : Fee Simple All that certain tract or parcel of land lying and being situated in the Morgan Rector League , Abstract No. 46 , College Station, Brazos County, Texas . Said Tract being a portion of Lot 2, Block 1, Kirkpatrick Subdivision, according to the Plat recorded in Volume 729, Page 771 of the Official Records of Brazos County, Texas , and being the same tract of land called 0.36 acres as described by a Deed to Betty Lou Thibodeaux recorded in Volume 35469 , Page 110 of the Official Public Records of Brazos County, Texas. Said Tract being more particularly described by metes and bounds as follows : BEGINNING: at a 3/8 inch iron rod found on the Southeast line of KFO Addition , Phase II , marking the common corner of said Lot 2 and Lot 1 B , Block 1, Kirkpatrick Subdivision ; THENCE: N 41 ° 39' 31" E along the common line of said Lot 2 and KFO Addit ion , Phase II, for a distance of 88 .07 feet to a 1/2 inch iron pipe found marking the North corner of said Lot 2 and the Northwest corner of a called 0 . 75 acre tract as described by a Deed to Betty Lou Thibodeaux recorded in Volume 3469 , Page 110 of the Official Public Records of Brazos County, Texas ; General Warranty Deed Page 2 of6 Doc Bk Vol P9 01203295 OR 12185 118 THENCE: S 48° 01' 19" E along the common line of said Lot 2 and said 0 . 75 acre tract for a distance of 194 .80 feet to a 1/2 inch iron rod found marking an interior West corner of said 0.75 acre tract ; THENCE : S 41 ° 48' 05" W through said Lot 2 and along a Northwest line of said 0 .75 acre tract for a distance of 87 .92 feet to a 5/8 inch iron rod found on the common line of said Lot 2 and Lot 1 B, for reference a 1/2 inch iron rod found marking the common corner of said Lot 2 and Lot 1 B Bears : S 48° E 03' 57" W for a distance of 40.00 feet ; THENCE: N 48 ° 03' 57" W along the common line of said Lot 2 and Lot 1 B for a distance of 194.58 feet to the POINT OF BEGINNING containing 0.393 of an acre of land more or less . Tract Three : Private Access Easement 24' wide private access easement as shown on the Kirkpatrick Subdivision Plat recorded in Volume 729 , Page 771 of the Official records of Brazos County, Texas . Reservations from Conveyance: NONE Exceptions to Conveyance and Warranty: 1. 25' setback along the southeast and northwest sides ; 7 .5' setback along the northeast and southwest sides ; 24' private access easement and a 40' utility and access easement along the portion of the tract southeast of Tract Two as set out on plat recorded in Volume 729, Page 771, Official Records, Brazos County, Texas as shown on survey prepared on December 3, 2003, under the supervision of Brad Kerr, RP .L S . #4502 . (Tract One) 2 . 25' setback line along the southeast side, 7.5' setback along the southwest and northeast sides; 25' setback and 5' electrical easement along the northwest side; aerial electric lines extending from the north corner to the wood/brick building and metal building and along the southwest side as set out on plat recorded in Volume 729, Page 771, Official Records , Brazos County, Texas as shown on survey prepared on December 3, 2003, under the supervision of Brad Kerr, RP.LS. #4502 . (Tract Two) 3. Encroachment of existing portable wood and metal buildings into the setback on the northwest side(s) of the property, as shown on survey prepared on December 3, 2003, under the supervision of Brad Kerr, RP.LS. #4502 . (OWNER POLICY ONLY) (Tract One) 4 . Encroachment of metal building into the setback on the northwest side(s) of the property , as shown on survey prepared on December 3, 2003, under the supervision of Brad Kerr , RP.LS . #4502 . 5. Any claim or right of adjoining property owner(s) to that strip of land lying between the fence and the boundary line on the northeast sides (Tract One), northwest side General Warranty Deed Page 3 of6 Doc Bk Vol Ps 01203295 OR 121BS 119 (Tracts One and Two); southwest side (Tract Two) of the property, as shown on · survey prepared on December 3, 2003, under the supervision of Brad Kerr, R.P .L.S . #4502. 6 . Lack of a right of access to and from the land. Covered Risks number 4 is hereby deleted. (Tract 2) 7. Rights of others in and to the use of the private access easement as reflected on . Schedule A. (Tract One and Three) 8. Easements as set out on plat recorded in Volume 729, Page 771, Official Records, Brazos County, Texas . (Tract Three) 9 . Easement from L. J. Kirkpatrick, et ux to Gerald Farrar , et al dated July 14 , 1981 recorded in Volume 488, Page 519, Deed Records, Brazos County, Texas as shown and noted on survey prepared on December 3, 2003, under the supervision of Brad Kerr, R.P.L.S . #4502. (Tracts One, Two and Three) 10 . Easement from Joe M. Boriskie, et ux to City of Bryan dated April 13, 1937 Recorded: Volume 98, Page 216, Deed Records, Brazos County, Texas as noted on survey prepared on December 3 , 2003, under the supervision of Brad Kerr, R.P.L.S. #4502. 11 . Easement from V. J. Boriskie to Humble Pipeline Co. dated July 21, 1919 recorded Volume 49, Page 33, Deed Records, Brazos County, Texas. Modified by Encroachment Agreement dated February 24, 1982 recorded in Volume 513, Page 156, Deed Records, Brazos County, Texas. (Tracts One, Two and Three) 12 . Easement from J. M. Boriskie to Humble Plpeline Co. dated July 19, 1919 recorded in Volume 49, Page 18, Deed Records, Brazos County, Texas as noted on survey prepared on December 3, 2003, under the supervision of Brad Kerr, R.P .L.S. #4502. Modified by Encroachment Agreement dated February 24, 1982 recorded in Volume 513, Page 156, Deed Records, Brazos County, Texas. 13 . Reciprocal Access and Drainage Agreement between The First National Bank Of Bryan and H&B Investments, LP dated June 15, 2006 recorded in Volume 7597 , Page 233 , Official Records , Brazos County, Texas . (Tract Three) 14 . Terms, Conditions, and Stipulations in the Agreement by and between parties Wilburn Lewis Kirkpatrick, Trustee of the Testamentary Trust et al. and H&B Investments, LP dated Ausust 20, 2002 recorded in Volume 4832, Page 230, Official Records, Brazos County , Texas. (Tract Three) 15 . Mineral Reservation in Deed from Lewis J. Kirkpatrick, et ux to Carrell G. Kirkpatrick, et ux dated October 23, 1984 recorded in Volume 7 45, Page 14 , Official Records , Brazos County, Texas . (Tract 2) 16 . Mineral Reservation in Deed from Carrell Kirkpatrick, et ux to Betty Lou Kirkpatrick Thibodeaux dated October 17, 1990 recorded in Volume 1216, Page 380, Official Records, Brazos County, Texas . (Tract 2) General Warranty Deed Page 4 of 6 17 . Doc Bk Vol Ps 0120329S OR 1~1ss 120 Mineral Reservation in Deed from Lewis Kirkpatrick r. et ux t o Ronald Cuse~ - Trustee dated November 30 , 1984 recorded in Volume 745 , Page 20, Official Records , Brazos County, Texas . (Tract Three) 18 . Mineral Reservation in Deed from Ronald Cruse , Trustee to Group Five Joint Venture dated in May 31, 1985 recorded in Volume 794, Page 697, Official Records , Brazos County , Texas . (Tract Three) 19 . Oil and Gas Lease from Carrell Kir kpatrick to lnco Oil Company , Inc . dated February 7 , 1992 recorded in Volume 1480 , Page 208 , Official Records , Brazos County , Texas . (Tracts One and Two) 20 . Oil and Gas Lease from Carrell Kirkpatrick , et ux to lnco Oil Company , Inc. dated February 10, 1992 recorded in Volume 1480 , Page 213 , Official Records , Brazos County, Texas . (Tracts One and Two) 21 . Oil and Gas Lease from Estate of Lois Kirkpatrick to lnco Oil Company , Inc. dated March 27 , 1992 recorded in Volume 1488 , Page 199 , Official Records, Brazos County , Texas . (Tracts One , Two , and Three) 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 all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs , successors, and assigns forever . Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors , and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, 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. Ad valorem taxes for the current year have been prorated as of the date of delivery of this deed , and the Grantee by its acceptance hereof covenants and agrees to pay all ad valorem taxes upon the property from and including taxes for the year 2014 . d tl=~~ ~ROBINSON General Warranty Deed Page 5 of6 ST ATE OF TEXAS COUNTY OF BRAZOS Doc Bk Vol pg 01203295 OR 12185 121 This instrument was acknowledged before me on the !i2_ day of July, 2014, by SYLVIA H . ROBINSON . KI M TOMME No ta ry Publi c, State of Te xas My comm is sion. Expi res MARCH28,2017 RECORD ING PAID FOR BY : UTC 142015 AFTER RECORDING RETURN TO : UNIVERSITY T ITLE COMPANY 1021 UNIVERSITY DRIVE EAST COLLEGE STAT ION , TEXAS 77840 GENERAL WARRANTY DEED SYLVIA H . ROBINSON , A SINGLE PERSON to LZV PROPERTIES , LLC General Warranty Deed NOTARY PUBLIC, State of Texas Fi led for Record in: BRAZOS COUNTY On: Aus 01'20H at 03:09p As a NO LABEL RECORDING Oocut11ent Nut1ber: AMount 01203295 ~o.oo Rece i Pt Nut11ber -518170 B<:1r Pats<:1 Montalbano STATE OF TEXAS COUNTY OF BRAZOS . I hereb<:1 certif':I that this instrut1ent was f iled on the date and time stat1Ped hereon b<:1 me IJ.nd was du.1<:1 . r ecorded in the 11olu111e and pa 9 e of the Off1c1al Public records of : BRAZOS COUNTY as stat11Ped he r eo n b<:1 Me. Karen McQ ueen r Brazos Gount<:1 Clerk e.RAZOS COUNTY PREPARED IN THE LAW OFF ICE OF : HOELSCHER , LIPSEY , ELMORE & POOLE , P.C . 1021 Univers ity Drive East College Stat ion , Texas 77840 WCUF:\USER \Cayla\UTC \ROB INSON-VE NABLE VENTURES-142015-GWD .wpd Page 6 of6 Gerardo Cuaron From: Erika Bridges Sent: To: Wednesday, December 17, 2014 5:31 PM Gerardo Cuaron Subject: RE: Herman F. Krenek Subd ivi sion, Phase Two, Lot SB -R Jerry, We need to print this and stick it in the file (if you haven't already}. © Erika From: Louise [mailto:louise.barker@suddenlinkmail.com] Sent: Wednesday, December 17, 2014 5 :00 PM To: Erika Bridges Cc: Gerardo Cuaron Subject: RE : Herman F. Krenek Subdivision, Phase Two, Lot SB-R Attn : Jerry Cuaron and Er i ka Bridges RE : Herman F. Krenek Ph 2, Lot SB -R In response to the comments received from city staff concerning the above referenced project: Planning -1. Certificate of City Planner removed 2. PUE to be abandoned now reflected on plat 3 & 4 -were FYI notes Engineering -1. 20' PUE to be abandoned now reflected on plat 2. 10' and 5' PU E's added as requested 3. clarified monument tie to GPS 4 . labeled SO' easement at Brentwood 5. a. Vol 930 Pg 653 is the plat of Lot 5, Herman F. Krenek before the replat filed in volume 6112/149. The re plat would take precedence over the original plat. b. Vol 472 Pg 653 is the original plat of Kirkpatrick Subdivision that was vacated and resubdivided by plat 729/771, which also takes precedence over the original plat. Revised copies are being sent for further review and comments -1 full size set and 13 llx17 sets. Louise Barker Kerr Surveying From: Erika Bridges [mailto:ebridges@cstx.gov] Sent: Wednesday, December 17, 2014 4:33 PM To: 'Louise' Cc: Gerardo Cuaron Subject: RE: Herman F. Krenek Subdivision, Phase Two, Lot SB-R Louise , 1 It's really not new, but I think we just haven't always been sticklers about the response letter. We're really just looking for some sort of feedback on each of our comments in writing whether it's to simply say "Acknowledged" or give a more detailed response as you did below .. 1fyou could send an email with a quick response to each comment, that would great. Thanks, Erika From: Louise [mailto:louise.barker@suddenlinkmail.com] Sent: Wednesday, December 17, 2014 4:26 PM To: Erika Bridges Cc: Gerardo Cuaron Subject: RE: Herman F. Krenek Subdivision, Phase Two, Lot 5B-R OK -is this something "new" that ya'll have started recently. I haven't had a project with College Station in a while. usually just submit the revisions as per the comments and either email or speak with city staff on the phone on anything else . Do I need to actually put this in a separate letter or will printing this email be sufficient? The revised plats are on their way to your office as this goes out. If I need to put this in a letter then it will be tomorrow before I can get it to you. Just let me know. Thanks! Louise From: Erika Bridges [mailto:ebridges@cstx.gov] Sent: Wednesday, December 17, 2014 4:18 PM To: 'Louise' Cc: Gerardo Cuaron Subject: RE: Herman F. Krenek Subdivision, Phase Two, Lot 58-R Louise, Thanks for checking on these easements. Just include the information below in your response to comments letter, and it should be fine. Thanks, Erika From: Louise [mailto:louise.barker@suddenlinkmail.com] Sent: Wednesday, December 17, 2014 3:42 PM To: Erika Bridges Subject: Herman F. Krenek Subdivision, Phase Two, Lot 5B-R Erika, I received the comments for the re plat in Herman F. Krenek 2 and Kirkpatrick. I have addressed all of the comments on the revised plat from Planning and most of your comments except for #5 concerning the extra easements. a. Vol 930 Pg 653 is the plat of Lot 5, Herman F. Krenek before the replat filed in volume 6112/149. The replat would take precedence over the original plat. b. Vol 472 Pg 653 is the original plat of Kirkpatrick Subdivision that was vacated and resubdivided by plat 729/771, which also takes precedence over the original plat. This is why those easements are not labeled on this plat After you review the revised plat just let me know if there are any more revisions to be made before this goes to P&Z . thanks! Louise Barker 2 Kerr Surveying City of College Station Home of Texas A&M University ® City of College Station Home of Texas A&M University ® 3 C ITY OF C OI.LEGE S TATION _____ .......... -------~-H11me of7e:ou A&M University • MEMORANDUM DATE : December 15, 2014 TO: Caleb Venable , via ; cal e bve nab le@gma il.c om FROM : Jerry Cuar6n , Staff Planner SUBJECT: HERMAN F. KRENEK SUBDIVISION, PHASE 2, LOT 58-R (FP-REPLAT) Staff reviewed the above-mentioned final plat as requested . The following page is a list of staff review comments detailing items that need to be addressed . Please address the comments and subm it the following information for further staff review and to be scheduled for a future Planning & Zoning Commission meeting: One (1) 24 "x36 " copy of the revised final plat; Thirteen (13) 11 "x17 " copies of the revised final plat ; One (1) Mylar original of the revised final plat (required after P&Z approval); and One (1) copy of the digital file of the final plat on diskette or e-mail to: pdsd ig it als u bmitta l@cstx .gov. 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 meeting . Your project may be placed on a future agenda once all the revisions have been made and the appropriate fees paid . 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 Please note that a Mylar original of the revised final plat w ill be required after P&Z approval and prior to the filing of the plat. If you have any questions or need additional information , please call me at 979 .764 .3570 . PC : Kerr Surveying , LLC , via ; lou ise .barke r@sudden link.com P&DS Project No . 14-00900273 Attachments: Staff Review Comments Plarmi11g & Development Servias P.O. BO X '>960 • 110 1 TEXAS AVENUf, ·COLLEGE STATION • TEX.'\S • 77 842 TF.L. 97 9.764 . .\570 •FA ·. 979 .7 64 .. H96 cs t><.gov/devservices STAFF REVIEW COMMENTS NO. 1 Project: Herman F. Krenek Ph 2 Lot 5B-R (FP-Replat) (14-00900273) PLANNING 1. Please remove Certificate of City Planner as this is not a Minor Replat. 2. The plat cannot be scheduled for Planning & Zoning Commission until the easement has been abandoned , however if the Public Utility Easement is shown may move forward to the Planning & Zoning Commission . 3 . Please note that any changes made to the plans that have not been requested by the City of College Station must be explained in your next transmittal letter. 4. Please note that you may be required to submit paid tax certificates if they are not current prior to the filing of your plat. Reviewed by: Jerry Cuar6n Date: December 11 , 2014 ENGINEERING COMMENTS NO. 1 1. The 20-ft PUE, which is proposed to be abandoned , must be shown on the plat until the abandonment has been filed. Please note that the easement cannot be abandoned until any utilities within this easement have been relocated or removed and a Letter of Completion issued. 2 . Please provide a 10-ft rear lot PUE adjacent to Autumn Chase and a 5-ft PUE along the northwestern property line. 3. It is not clear which lot corner is being tied to the City's horizontal control monument. 4 . Show and label the 50-ft Drainage & Access Easement south of and to Brentwood Sec.1 , Block 1, Lot 23 . 5. Verify the following easements, as our records indicate they are located with the plat boundary : a. 10-ft PUE (V.930 , P.653) b. 40-ft Access & PUE (V.472 , P .653) Reviewed by : Erika Bridges Date : December 15 , 2014 SANITATION 1. Sanitation is ok with this project. Reviewed by : Wally Urrutia Date : December 2 , 2014 """~ ....................... .._.._~~~~~~~CTT YOF C OLLEGE STATIO:~~~_,,...,.. ............................ ~ Home o/Texas A&M University • MEMORANDUM DATE : November 26 , 2014 TO: Caleb Venable , via ; calebvenable@gmail.com FROM : Jerry Cuaron , Staff Planner SUBJECT: HERMAN F. KRENEK PH 2 LOT 58-R (FP-REPLAT) Thank you for the submittal of your Final Plat -Resident ial applicat ion . Erika Bridges , Graduate Eng ineer, and I have been ass igned to review this project. It is anticipated that the review will be completed and any staff comments returned to you on or before Friday December 12 , 2014 . If you have questions in the meantime , please feel free to contact us . PC : Kerr Surveying , LLC , via ; louise .barker@suddenl ink .com P&DS Project No . 14-00900273 Planning Cr Development Services P.O . BOX 9960 • 1101 TEXAS AVEN UE · COLLEG E STAT IO N · TEXAS · 77842 TEL. 979.764.3570 ·FAX . 979.764.3496 cstx.gov /devservices MEMORANDUM DATE : November 24 , 2014 TO : Ca leb Venable , via ; calebvenable@gmail.com / FROM : Jason Schubert, AICP , Principal Planner SUBJECT: HERMAN F. KRENEK PH 2 LOT 58-R (FP-REPLA Thank you for submitting the requested proof of signature authority and additional copies of the final plat. I reviewed the above-mentioned Final Plat -Residential application and determined that there is still a remaining item for the application to be forwarded for review. The following is the prel iminary list of items needed to complete the submittal. Please submit the following information so this application can be forwarded for review: Provide a title report(s) that is current within 90 days for all of the property within the proposed plat. The Nothing Further Certificates that were provided via email only cover back to August of this year . If there is a gap between the title report and the Nothing Further Certificates provided , please also provide a revised or new Nothing Further Certificate so there is not a gap . Please be aware that if this application is not completed before Monday , January 5, 2015 , it will expire and a new application and fees will be necessary to continue the platting process. If you have any questions or need additional information , please call me at 979.764 .3570 . PC : Kerr Surveying, LLC , via ; louise .barker@suddenlink.com P&DS Project No . 14-00900273 Pla11ning & Development Services I P.O. BOX 9960 • 11 01 TEXAS AVENUE · C OLLEGE STKfION ·TEXAS • 77842 TEL. 979 .764.3570 ·FAX. 979.764.3496 cst){.gov/devservices ~•-..,....,""'""'----------~CITY OF Cor..LEGE STATION~---------------·"-L • Ho me o/Texas AuM University " ;:aa& = MEMORANDUM DATE : November 17 , 2014 TO : Caleb Venable , via ; calebvenable@gmail.com / FROM : Jason Schubert , AICP , Principal Planner SUBJECT: HERMAN F. KRENEK PH 2 LOT 58-R (FP-REPLAT) I reviewed the above-mentioned Final Plat -Residential application and determined it to be incomplete . The following is the preliminary list of items needed to complete the submittal. Please submit the following information so this application can be forwarded for review : Provide proof of authority to sign the application on behalf of LZV Properties , LLC ; Provide 5 additional copies of Sheet 2 of 2 of the final plat. Only 1 copy was provided while 6 copies of Sheet 1 of 2 were provided ; and The Nothing Further Certificates that were provided via email on November 13 , 2014 only cover back to August of this year. Provide a title report(s) for all of the property included in the plat. This likely would have been obtained prior to transfer of the property. If there is a time period gap between the title report(s) and the Nothing Further Certificates, please provide a revised or new Nothing Further Certificate so there is not a gap. Please be aware that if this application is not completed before Monday, January 5, 2015, it w ill expire and a new application and fees will be necessary to continue the platting process . If you have any questions or need additional information , please call .me at 979 .764 .3570 . PC : Kerr Surveying , LLC , via ; louise .barker@suddenlink .net j P&DS Project No . 14-00900273 Pla11ni11g & Development Services P .O. BOX 9960 • l 10111~XAS AVENUE · COLLEGE STAT ION · TEXAS· 77842 TEL. 979 764 . .35 70 •FAX. 979.764.3496 cstn.gov/devservices N . , . ., -~i' . Scale : l Inch= 100 Fee Area: 2 .610 Acres (113 ,709.60 Square Feet) 14-273 REPLAT HERMAN F KRENEK PH 2 BLK 1LT5B-R ACRES 2 .61 Area: 2.610 Acres (113,709 .60 Square Feet) Perimeter: 1602 .77 Feet Gap= 0.006 1. N4 l 0 5 l '36"E 207.45 ' 5. S41°46'19"W 206 .63' 2. S50°!5'30"E 235 .29' 6. N49 °20'1 l"W 305.19' 3. S42°ll'30"W 56.40' 7. N41 °35'49"E 52 .58' 4. S48°12'12"E 304.74' 8. N48°03'26"W 234.49' GAP error cannot be greater than 0.10 (See SOP for Exceptions) CLOSED 11-17-2014 BR 2315 AND 2317 TEXAS AVES DEVELOPMENT REV IEW Case : 14-273 FINA L PLAT F7:135 / 33 34 3R-A 32 GC ~ 31 20 z ..... Zoning Districts R E RS GS R-1 B D T Ru al Es tstft Ruttlcttd Subu btn Gen al Subu ban Single Family Residential Duplex Tow nhouse R-4 R-6 MHP 0 SC GC Cl BP vr DEVELOPMENT REV IEW Multi-Fam liy ig h Density Mu lti-Fa mily Msnufsctur ed Home P11 O ff le• Suburban Com e cial Gen al Commercial Commercial-Industrial Business Parle BPI NA P C-3 M-1 M~2 C -lJ R& D P-MlJ D Business Par Ind ustrial atur al Areas Protected Light Commercia l L.ig ht l nduttrlt l eavy I du:s tria l Co llefje and lJniver.. ity Research and Dev elopment Pla n ned Mixed-lJse Development 2315 AND 2317 T EX AS AVES Case : 14 ·273 POD W PC G-1 G-2 G-3 ov ROD KO Planned Development Dis trict W olf Pen Crl!E'JC Dev. Cor idct C<We <Wthg11te TrenJ ltlone I or lhg•t• Res identlsl thgate Co id or Over la y Redevelopm ent District Kren et Tap Overlay FINAL P LAT