HomeMy WebLinkAbout1 Grant of Conservation Easement'.6rawerDT
lege Station, Texa8 77841
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STATE OF TEXAS
COUNTY 0,F BRAZOS
GRANT OF CONSERV A'I10N EASEMENT
This Grant Conservation Easement (this "easement") is made on this /7 ~y of
___ _.,,_:.=:.....=.~-· 2000, by Tll\10THY J. CROWLEY AND LYNN GOODE
CROWLEY, who e address is 1301 McKinney, Suite 3500, Houston, TX 770i0
("Grantor'') and the STATE OF TEXAS, acting herein by and through the Texas
Department of Transportation, whose address is 118 East Riverside, Austin Texas 78704
("Grantee").
RECITALS:
A. Grantor is the owner of certain real property contammg approximately 15.404
hectares (38.064 acres) (the "Property") in Brazos County, Texas, more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference for all
purposes as if set out at length,
B, The Property is in a substantially undisturbed, natural, open-space condition and
exhibits ecological features (specifically, the existence of the Spiranthes parksii or
Navasota Ladies' -tresses, which was placed on the list of Federal endangered species on
May 6, 1982) of great importance to Grantor, Grantee, the people of Brazos County, the
people of the region and the people of the State of Texas. In particular, the Property is a
natural area which contains one or more elements of value, which are more particularly
described in Exhibit B, atcached hereto and ma.de a part hereof, and has substantial value
as a natural, ecological and scientific resource .
C. Chapter 183 of the Texas Natural Resources Code pennits the creation of
conservation easements for the purpose of, inter alia, retaining or protecting the natural,
scenic, or open·space values of real property .
D. Grantor and Grantee ~ognize the natural, scenic, aesthetic, and special character of
the Property, and have the common purpose of the conservation and protection of the
Property as a relatively natural habitat of plants, particularly the Spiran1hes parbii or
Navasota Ladies' -tresses. Granter has agreed to place voluntary restrictions upon the use
of the Property and provide for the transfer from Grantor to Grantee of affirmative rights
for the protection of the Property.
E. The conservation values (the "Values") of the Property, its current use and state of
improvement, are described in Exhibit "B" attached hereto and incorporated herein by
reference for all pwposes as if set out at length. A Biological Assessment dated
September 17, 1999 is attached to Exhibit "B" and identified as "Attachment l" and has
been prepared by Grantee for the U. S. Fish and Wildlife Service for compliance with
Section 7 of the Endangered Species Act. Attachment 1 describes rhe specific
. conservation values of the property to which this easement pertains.
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F. Grantor desires that the Values of the Property be preserved and maintained by the
continuation of land use patterns on the Property that will not significantly impair or
interfere with those Values.
G. Grantor, as the owner of the fee in the Property, has certain rights and the desire to
identify and preserve the Values of the Property.
H. Granter desires to transfer certain of those rights to Grantee in perpetuity.
I. Grantee agrees to honor and defend the intentions of Granter and to preserve and
protect in perpetuity the Values of the Property for the benefit of the present generation
and generations to come.
J. The State of Texas has authorized the creation of Conservation Easements pursuant to
Chapter 183 of the Texas Natural Resources Code and Granter and Grantee wish to avail
themselves of the provisions of that law.
Conveyance
1. Pursuant to Texas Natural Resource Code Section 183.001 et seq., Grantor GRANTS,
SELLS AND CONVEYS to Grantee a nonexclusive easement over, upon and across the
Property for the purpose set forth below, together with all and singular the rights and
appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's
heirs, successors, and assigns forever. Subject to visible and apparent easements not
appearing of record; any discrepancies, conflictS, or shortages in area or boundary lines or
any encroachments or any overlapping of improvements which a current survey would
show; easements, restrictions, reservations, covenants, conditions, oil and gas leases,
mineral severances, and encumbrances for taxes and assessments, (other than liens and
conveyances) presently of record in the Official Public Records of Brazos County, Texas,
that affect the property, but only to the extent that said items are still valid and in force
and effect at this time. Granter binds Grantor and Grantor's heirs and successors to
warrant and forever defend all and singular the easement to Grantee and Grantee's heirs,
successors, and assigns, against every person whomsoever lawfully claiming or to clnim
the same or any part thereof, by through and under Granter, but not otherwise.
Purpose of Easement
2. The purpose of this conservation easement is to preserve the Values of the Property
set out above and to ensure that the Property will be maintained in a condition calculated
to preserve the Values of the Property. Grantor promises that Grantor will not knowingly
or intentionally perform, nor knowingly allow others to perform, any act on or affecting
the Property that is inconsistent with this purpose, unless otherwise allowed by the terms
of this easement. However, unless otherwise specified below, nothing in this easement
shall require the Grantor to take any action to restore the condition of the Property after
any act of God, causes beyond Grantor's control or acts of third parties unless such acts
were committed at the request of the Granter or Granter knowingly or intentionally
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allowed such panies to commit such acts . Grantor understands that nothing in this
easement relieves him of any obligation or restriction on the use of the Property imposed
by law .
Rights Included in Easement
1. To carry out this purpose, Grantor conveys to Grantee, subject to the Retained Rights
(defined below), the following rights under this easement:
a) To identify, preserve, protect, and , in consultation with Granter, enhance the
natural, scenic, open-space, and ecological features of the Property, including, without
limitation, topography, soil, water, vegetation, and wildlife.
b) To enter upon the Property to enforce the rights granted by this easement and for
the purposes of (i) scientific observations and educational study, which shall include
the right to perform activities, at the sole expense of the Grantee, designated to restore
and enhance the biological features of the Property; (ii) inspecting the Property to
determine compliance herewith; (iii) conducting the management rights set out in
paragraph 4. below; and (iv) provjding habitat maintenance for the Property, with all
of such rights to be exercised in a manner that will not interfere with Grantor 's use
and quiet enjoyment of the Property.
c) To enjoin any activity on or use of the Property that is inconsistent with the
purpose of, and not otherwise allowed by this easement and to enforce, in accordance
with the terms of this easement, the restoration of such areas or features of the
Property that may be damaged by any inconsistent activity or use and not otherwise
permitted.
d) The Grantee shall also have the right to enforce by proceedings at law or in equity
the covenants hereinafter set forth, including but not limited to, the right to require the
restoration of the Property to ics condition at the time of this grant Grantee or its
successors or assigns, does not waive or forfeit the right to take action as may be
necessary to insure compliance with the covenants and purposes of this grant by any
prior failure to act. Nothing herein shall be construed to entitle Grantee to institute
any proceedings against Grantor for any changes to the Property due to any act of
God, causes beyond Orantor's control or acts of third parties unless such acts were
committed at the request of the Grantor or Grantor knowingly or intentionally allowed
such parties to commit such acts.
e) Grantee's right to access shall include access to groups under Grantee's control for
educational, aesthetic, or scientific purposes, as well as public access to those portions
of the Property that are specifically designed and/or posted as open to the public for
recreational uses, as more specifically detailed in Exhibit C.
f) Those additional rights set out in Exhibit "C" attached hereto and incorporated
herein by reference .
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Use of Property
4. The use of the Property will be limited to such activities and ecological study, that are
consistent with the purpose of this easement. Those uses and practices set out in Exhibit
"D" attached hereto and incorporated herein by reference, although not exhaustive, are
consistent with the purpose of this easement Those uses and practices set out in Exhibit
"E" attached hereto and incorporated herein by reference, although not exhaustive, are
inconsistent with the purpose of this easement.
Additional Rights Retained by Grantor.
5. Grantor retains the following additional rights ("Retained Rights"):
a) Existing Uses. The right to undertake or continue any activity or use of the
Property not prohibited by or inconsistent with this easement. If a use is not allowed
by this easement, prior to making any change in use of the Property, Granter shall
notify Grantee in writing to allow Grantee a reasonable opportunity to detennine
whether such change would violate the tenns of this easement.
b) Transfer. The right to sell, give, mortgage, lease, or otherwise convey the
Property, provided such conveyance is subject to the terms of this easement and
written notice is provided to Grantee in accordance with paragraph 10. below.
c) Discretionary Consent The Grantee's consent for activities otherwise prohibited
above, or for any activities requiring Grantee's consent above, may be given under the
following circumstances. If. owing to unforeseen or changed circwnstances, any of
the activities prohibited above are deemed desirable by both the Granter and the
Grantee, the Grantee may, with U. S. Fish and Wildlife Service concurrence, give
permission for such activities, subject to the limitations herein. Such requests for
permission, and permission for activities requiring the Grantee's consent, shall be in
writing and shall describe the proposed activity in sufficient detail to allow the
Grantee co judge the consistency of che proposed activity with the purpose of this
easement. The Grantee may give its permission only if it detennines, with U.S. Fish
and Wildlife Service concurrence, that such activities (1) do not violate the purpose of
this easement and (2} either enhance or do not impair any significant conservation
interests associated with the Property. Any consent shall be given in writing.
d) Utility Crossing and Storm Water Detention. In addition to and not to the
exclusion of those rights set forth in Exhibit "D'', the unrestricted right, in the areas
described more particularly by metes and bounds in Exhibit "F', which is attached
hereto and incorporated by reference herein, to trench, dig, place permanent structures
and, if necessary to destroy che surface, for the purpose of (i) locating underground
and aboveground utilities necessary for the development of adjacent land; and (ii)
creating storm water detention areas incidental to the development of adjacent land
for the purpose of preventing erosion and maintaining the native character and
configuration of the natural water channel (the "Utility Crossing and Storm Water
Detention"). In addition co the Utility Crossing, Granter shall be entitled to utilize
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twenty (20) feet on either side of the Utility Crossing as a temporary easement for the
installation, repair and maintenance of the utilities placed in the Utility Crossing. The
Granter shall re-vegetate any ground disturbed by any of the activities described
above according to the requirements of Exhibit "D" paragraph 2 and Exhibit "E"
paragraph 1.
e) Reservation of Rights. All rightS accruing from his ownership of the Property,
including, but not limited to, the right to engage in or pennit or invite others to engage
in, all uses of the Property that are not expressly prohibited in this easement and are
consistent with the purpose of this easement.
No Public Dedication or Trespass
6. This easement is not intended as a dedication of the Property to the public and it does
not authorize, and shall not be construed to authorize, any member of the public to
trespass or use any portion of the Property, unless such use is specifically provided for in
Exhibit "D" of this easement or granted subsequent to the date of this easement by the
affirmative action of Gran tor.
Responsibilities of Grantor and Grantee Not Affected.
7. Other than as specified herein, this easement is not intended to impose any legal or
other responsibility on the Grantor. or in any way to affect any existing obligation of the
Grantor as owner of the Property. Among other things, this shall apply to:
a) Taxes -Each party shall be responsible for the payment of all ad valorem taxes
and assessments levied against such parties interest in the Property.
b) Upkeep and maintenance -Except for maintenance and other actions required to
preserve the Values of the Property. Granter shall be responsible for the upkeep and
maintenance of the Property, co the extent it may be required by law. Other than
maintenance and other actions required by this easement and to preserve the Values of
the Property, which are more particularly described in Exhibit B, the Grantee shall
have no obligation for the upkeep or maintenance of the Property.
Enforcement.
8. The Grantee shall have the right to prevent and correct violations of the provisions of
this easement. As set forth in paragraph 3 (b) above. the Grantee may enter the Property
for the purpose of inspecting for violations of the provisions of this easement. If the
Grantee reasonably believes that Granter is in violation of the provisions of this
easement, it may. in its discretion and after providing Grantor notice and an opportunity
to cure, take appropriate legal action. Except when an ongoing or imminent violation
could substantially diminish or impair the Values of the Property, the Grantee shall give
the Grantor written notice of the violation and sixty (60) days to correct it (or to begin
good faith efforts to correct in the event the violation is something which cannm be
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-reasonably corrected in sixty days), before filing any legal action. Grantee shall in any
case provide notice to Granter prior to talcing any legal action . If a court with jurisdiction
determines that a violation may exist or has occurred, the Grantee may obtain an
injunction to stop it, temporarily or permanently. A court, upon a finding that Granter
knowingly and intentionally violated the provisions of this easement, may issue an
injunction requiring the Granter to restore the Property to its condition prior to the
violation. The failure of the Grantee to discover a violation or to take immediate legal
action shall not bar it from doing so at a later time.
If the Grantee discovers violations of the provisions of this easement caused by (i) acts of
God, (ii) circumstances beyond the reasonable control of the Grantor, or (iii) the acts of
third parties unless such acts were committed at the request of the Grantor or Granter
knowingly or intentionally allowed such parties to commit such acts, Grantor and Grantee
shall cooperate in good faith to restore the Property to a condition consistent with the
purpose of this easement. Nothing in this paragraph may be construed to require Granter
to spend money to restore the habitat. It is the intent of the parties that Granter and
Grantee will cooperate to find the resources, from public and private conservation
entities, necessary to restore the habitat.
Transfer of Easement.
9. The Grantee shall have the right, with U.S. Fish and Wildlife Service concurrence, to
transfer or assign this easement to any private nonprofit organization or other state,
municipal, or federal agency that (i) is approved in writing by the Granter prior to such
transfer, such approv~ not to be unreasonably withheld, and (ii) expressly agrees to
assume the responsibility imposed on the Grantee by this easement. If the Grantee ever
ceases to exist or no longer qualifies under applicable state law, a .court with jurisdiction
shall transfer this easement to another organization having similar purposes that agrees to
assume the responsibility.
Transfer of Property.
10. Any time the Property, or any interest therein, is transferred by the Granter to any
third party, the Granter shall notify the Grantee in writing prior to the transfer of the
Property, and the document of conveyance shall be made subject to and shall expressly
refer to this easement.
Amendment of Easement.
11. This easement may only be amended with the written consent of Granter and Grantee
and with U. S. Fish and Wildlife Service concurrence. Any amendment must be
consistent with Chapter 183 of the Texas Natural Resources Code and any regulations
promulgated pursuant to that law.
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Termination Of Easement.
12. If it is determined that conditions on or surrounding the Property have changed so
much that it is impossible or unnecessary to fulfill the conservation purposes set forth
above, a court with jurisdiction may, at the joint request of the Granter and Grantee and
with the concurrence of the U.S. Fish and Wildlife Service, terminate this easement.
Interpretation.
13. This easement shall be construed, governed and enforced pursuant to the laws of the
state of Texas, resolving any ambiguities and questions of the validity of specific
provisions so as to give maximum effect to its conservation purposes. The obligations of
this easement are performable in Brazos County, Texas.
Perpetual Duration.
14 . This easement is a servitude running with the Property in perpetuity. In order to
assure the perpetual enforceability of this easement, the Grantee is authorized to record
this instrument. Every provision of this easement that applies to the Granter or Grantee
shall also apply to their respective agents, heirs, executors, administrators, assigns, and all
other successors as their interest may appear.
Notices.
15 . Any notices required by this easement shall be in writing and shall be personally
delivered or sent by first class mail, to Grantor and Grantee, respectively, at the following
addresses, unless a party has been notified by che other of a change of address.
To Granter: To the Grantee:
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Environmental Condition.
16. The Granter warrants that, to the best of his actual knowledge and belief, without
independent inquiry or investigation, there has not been a release or threatened release of
hazardous substances or wastes on the Property.
Acceptance & Effective Date.
17. As attested by the signature of its authorized representative affixed hereto, the
Grantee hereby accepts without reservation the rights and responsibilities imposed on it
by this easement. This easement is to be effective the date recorded in the Official
Records of Brazos County, Texas.
Miscellaneous.
18. Attorney's Fees. If either party retains an attorney to enforce the terms of this
instrument, the prevailing party is entitled to recover reasonable attorney's fees.
19. Counterparts. This Agreement may be executed in any number of counterparts with
the same effect as if all signatory parties had signed the same document. All counterparts
are to be construed together and will constitute one and the same instrument, and the
signature pages of each document may be attached to one instrument for convenience or
for recording.
20. Effect of Waiver or Consent. No waiver or consent, express or implied, by any party
to or of any breach or default by any party in the performance by such party of its
obligations hereunder will be deemed or construed to be a consent or waiver to or of any
other breach or default in the performance by such party of the same or any other
obligations of such party hereunder. Such requests for permission for activities requiring
waiver or consent shall be in writing. Failure on the part of a party to complain of any act
of any party or to declare any party in default, irrespective of how long such failure
continues, will not constitute a waiver by such party of its rights hereunder until the
applicable statute of limitation period has run.
21. Further Assurances. In connection with this easement as well as all transactions
contemplated by this easement, each signatory party hereto agrees to execute and deliver
such additional documents and instruments and to perform such additional acts as may be
necessary or appropriate to effectuate, carry out and perf onn all of the terms, provisions
and conditions of this easement and a11 such transactions.
22. Integration. This Agreement contains the complete agreement between the parties
and cannot be varied except by the written agreement of the parties. The parties agree
that there are no oral agreements, understandings, representations or warranties which are
not expressly set forth herein.
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23. Legal Construction. If one or more of the provisions of this easement are invalid,
illegal or unenforceable in any respect, to the extent the invalidity or unenforceability
does not destroy the basis of the bargain among the parties, it will not affect any other
provision and this easement will be construed as if such invalid, illegal or unenforceable
provision had never existed. When required by the context, singular nouns and pronouns
include the plural and the neuter includes the masculine or feminine gender. The Article
and Section headings are for convenience of reference only and are not intended to limit
or define the text. This easement is not to be construed more or less favorably between
the parties by reason of authorship or origin of language.
24. Recitals. Any recitals in this Agreement are represented by the parties hereto to be
accurate, and constitute a part of the substantive agreement.
25. Time. Time is of the essence. Unless otherwise specified, all references to "days"
mean and refer to calendar days. Business days exclude all Saturdays, Sundays, and
Texas legal banking holidays. In the event the date for performance of any obligation
falls on a Saturday, Sunday, or Texas legal banking holiday, that obligation will be
performable on the next following business day.
26. Termination of Rights and Obligations. A party's rights and obligations under this
easement tenninate upon the transfer of the party's interest in the easement or the
Property, except that liability for acts or omissions occurring prior to transfer shall
survive transfer.
27. Estouuel Certificates. Upon request by Grantor, Grantee shall within 90 days execute
and deliver to Grantor, or to any party designated by Grantor, any document which
evidences the status of this easement, including without limitation, an estoppel certificate,
which certifies, to the best of Grantee's knowledge, Grantor's compliance with all
obligations of Grantor contained in this easement.
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IN WITNESS WHEREOF, the Granter and Grantee, intending to legally bind
themselves, have set their hands and seals on the date first written above.
GRANTO RS :
GRANIBE:
TIIB TEXAS DEPARTMENT OF TRANSPO TATION
rector
Right of Way Division
STATE OF TEXAS §
COUNTY OF ~~ §
This instrnment was acknowledged before me on ~ £~ 20"0. by
TTh10THY J. CROWLEY AND LYNN GOODE CROWLE .
CYNMAAPOU.ltGER 11~ ·-· v_. ~ ~ ~~ ~(/. ·r:---
Conm.Exp.~ Notary Public, State of Texas
STA TE OF TEXAS
COUNTY OP TR.A VIS
§
§
My commission expires S-3-o3
This instrument was acknowledged before me on ~Y~ J() 2000, by John P.
Campbell, P.E., as Director of the Right of Way Division of the Texas Department of
Transportation.
~tU-/;~~ ~~
Notary Public, State of Texas
My commission expires ____ _
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EXHIBIT .. A .. ....... -----.-,
County:
CSJ No.:
Highway No.:
Parcel No.:
Gran tor.
Brazos
0540-08-001
SH40
9E
PAGE 1
Timothy J, Crowley
OF. __ s __ PAGES -
Being 15.404 hectares (38.064 acres) of land out of the Robert Stevenson Survey, Abstract No.
54, Brazos County, Texas; said 15 .404 hectares (38.064 acres) of land being out of a certain
297.429 hectare (734.96 acre) tract of land described in a deed from Robert B. Waltman. et ux,
to Timothy J. Crowl~ dated January 24, 1992, recorded in Volume 1415, Page 74, Official
Records of Brazos County (O.R.B.C.); said 15.404 hectares (38.064 acres) of land described
by metes and bounds as follows:
CO:M:MENCING at the most westerly comer of Lot 2, Block One, South Park :&tates Phase
One , recorded in Volume 795, Page 259, O.R.B.C., said point also being an interior corner of
said Crowley tract, from which a found 13mm iron rod bears North 18 degrees East, 0.318
meters (1.04 feet);
South 63 degrees 03 minutes 31 seconds East, along the southwest line of said Lot 2, a
distance of 42.335 meters (138.90 feet) to a 16 mm iron rod with aluminum cap set in
the proposed northerly right of way line of SH 40 (proposed baseline 6+534.775, 34.033
meters left);
South 46 degrees 53 minutes 34 seconds West, along the proposed northerly right of way
line of said SH 40, a distance of 261. 775 meters (858. 84 feet) to a concrete monument
set for an angle point (proposed baseline 6+273.530, 50.680 meters left);
South 48 degrees 41 minutes 54 seconds West, continuing along the propose.d northerly
right of way line of said SH 40, a distance of297.f117 meters (974,50 feet) to a concrete
monument set for an angle point (proposed baseline 5 +969.330, 74.120 meters left);
South 51 degrees 36 minutes 26 seconds West, continuing along the proposed northerly
right of way line of said SH 40, a distance of 73.235 meters (240.27 feet) to a concrete
monument set for~ angle point (proposed baseline 5+888.950, 73.f110 meters left);
South 56 degrees 33 minutes 00 seconds West, continuing along the proposed northerly
right of way line of said SH 40, a distance of 72.313 meters (237.25 feet) to a concrete
monument set for an angle point (proposed baseline 5+809.750, 71.220 meters left);
South 61 degrees 44 minutes 46 seronds West, continuing along the proposed northerly
right of way line of said SH 40, a distance of 12.303 meters (40.36 feet) to a 16 mm
iron rod with aluminum cap (proposed baseline 5+796.290, 71.343 meters left) set for
the most southeasterly comer and POINT OF BEGINNING of the herein described
tract;
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PAGE 2 OF 8 PAGr
THENCE South 61 degrees 44 minutes 46 seconds West, continuing along the proposed
northerly right of way line of said SH 40, a distance of 61.127 meters (200.55 feet) to
a concrete monument set for an angle point (proposed baseline 5+729.550, 69.000
meters left);
TIIENCE South 82 degrees 35 minutes 16 s~nds West, continuing along the proposed
northerly right of way line of said SH 40, a distance of 31.679 meters (103.93 feet) to
a concrete monument set for an angle point (proposed baseline 5+696.020, 77.300
meters left);
THENCE South 70 degrees 12 minutes 34 seconds West, continuing along the proposed
northerly right of way line of said SH 40, a distance of 78.225 meters (256.64 fe.et) to
a concrete monument set for an angle point (proposed baseline 5+609.850, 75.490
meters left);
4.) THENCE South 56 degrees 47 minutes 54 seconds West, continuing along the proposed
northerly right of way line of said SH 40, a distance of 38.275 meters (125.57 feet) to
a concrete monument set for an angle point (proposed baseline 5 +570.380, 62.980
meters left);
5.) THENCE South 77 degrees 03 minutes 53 seconds West, continuing along the proposed
northerly right of way line of said SH 40, a distance of 8.289 meters (27.20 feet) to a
16 mm iron rod with aluminum cap (proposed baseline 5+561.410, 62.911 meters left)
set for the most southwesterly comer of the herein described tract;
6.) THENCE North 12 degrees 01 minutes 13 seconds West, a distance of 20.261 meters
(66.47 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
7.) TIIENCE North 28 degrees 20 minutes 55 seconds East, a distance of 19.215 meters
(63.04 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
8.) TIIENCE North 59 degrees 45 minutes 32 seconds East, a distance of 60.868 meters
(199.70 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
9.) THENCE North 23 ·degrees 58 minutes 30 seconds West, a distance of 80.796 meters
(265.08 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
10.) lHENCE North 03 degrees 07 minutes (JI seconds West, a distance of 72.227 meters
(236.97 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
11.) THENCE North 08 degrees 07 minutes 16 seconds West, a clistanc.e of 95.992 meters
(314.93 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
12.) THENCE North 06 degrees 38 minutes 54 seconds West, a distance of 42 .958 meters
(140.94 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
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16.)
GE 3 OF. 8 PAGF.S
THENCE North 70 degrees 32 minutes 45 seconds West, a distance of 192.041 meters
(630.06 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
THENCE South 80 degrees 40 minutes 35 seconds West, a distance of 78.101 meters
(256.24 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
THENCE Nonh 30 degrees 23 minutes 07 seconds West, a distance of 106.053 meters
(347 .94 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
THENCE North 45 degrees 48 minutes 13 seconds East, a distance of 144.117 meters
(472.82 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
17.) THENCE South 61 degrees 15 minutes 05 seconds East, a distance of 107.645 meters
(353.17 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
18.) THENCE South 73 degrees 20 minutes 42 seconds East, a distance . of 18.383 meters
(60.31 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
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19.) TIIENCE North 43 degrees 29 minutes 17 seconds East, a distance of 127.982 meters
(419.89 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
20.) THENCE North 76 degrees 14 minutes 38 seconds East, a distance of 63.399 meters
(208.00 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
21.) THENCE North 21 degrees 42 minutes 54 seconds East, a distance of 47.834 meters
(156.94 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
22.) THENCE North 30 degrees 24 minutes 20 seconds East, a distance of 69.005 meters
(226.62 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
23.) THENCE North 40 degrees 26 minutes 58 seconds Ea.st, a distance of 36.388 meters
(119.38 feet) to a 16 mm iron rod with aluminum cap set for the beginning of a non-
tangent curve to the right whose center bears South 45 degrees 49 minutes 17 seconds
East;
24.) THENCE along said curve to the right with a radius of7.621 meters (25.00 feet}, an arc
distance of 11.971 meters (39.28 feet), a central angle of 90 degrees 00 minutes 00
seconds, and a chord which bears North 89 degrees 10 minutes 43 se.conds East, a chord
distance of 10.778 meters (35.36 feet) to a 16 mm iron rod with aluminum cap set for
the end of said curve;
25.) THENCE South 45 degrees 49 minutes 17 seconds East, a distance of 198.775 meters
(652.15 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
26.) TIIENCE South 37 degrees 38 minutes 29 seconds West, a distance of 136.620 meters
(448.23 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
--
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9
2
6
0
0
1
1
6
27.)
28.)
29.)
30.)
31.)
PAGE. 4 OE 8 PAL.-)
THENCE North 52 degrees 11 minutes 42 seconds West, a distance of 73.812 meters
(242.17 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
THENCE South 47 degrees 44 minutes 27 seconds West, a distance of 56. 336 meters
(184.83 feet)~ a 16 mm iron rod with aluminum cap set for an angle point;
THENCE South 04 degrees 05 minutes 26 seconds West, a dist.ance of 51.855 meters
(170.13 feet) to a 16 mm iron rod with aluminu~ cap set for an angle point;
THENCE South 62 degrees 14 minutes 17 seconds East, a distance of 22.457 meters
(73.68 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
THENCE South 17 degrees 39 minutes 10 seconds East, a distance of 94.445 meters
(309.86 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
32.) THENCE South 11 degrees 26 minutes 20 seconds West, a distance of 25.139 meters
(82.48 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
33.) THENCE South 01 degrees 42 minutes 04 seconds West, a distance of 101.267 meters
(332.24 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
34.) THENCE South 06 degrees 17 minutes 07 seconds West, a distance of 101. 723 meters
(333.74 feet) to a 16 mm iron rod with aluminum cap set for an angle point;
35.) THENCE South 43 degrees 16 minutes 43 seconds East, a distance of 104.673 meters
(343.42 feet) to the POINT OF BEGINNING containing 15.404 hectares (38.064 acres)
of land.
Notes:
1.) A plat of even date herewith accompanies this legal description.
2.) English units are proyided for information only.
2t oJk 36~&
Leo M. Delatorre, RPLS No. 5113
--1 .-
0
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SMO"IOJIJJ ~
PAG-.E __ s_;:_OF. 8 PAGES
1 1 I I I I I ROBERT STEVENSON SURVEY I i I ABSTRACT NO. 54
111
1111
1; 11
~~~ 11 1 1
TIMOTHY J . CROY/LEY
297 .-429 ho (734.96 AC.l
VOL. 1-415, PC. H
JAN . 24, 1992
O.R.8.C.
~j~ ,.1 L ~~,,
11 i I
Ii 11
(XISllNC R.O .W. PER
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50,680m LT .
S 48• -41'54" YI
97.027m C97'4.50')
XI -R.C: . =====·=-· r :::V0t::1~1?c:::1.
JI
!EARING ORIE.NlATION IS BASED ON THE lEXAS
:OORDINATE SYSTEM, CENTR.&L ZONE <NAO eJI,
'HROUGH TXDOT SA TT ELITE STATION NO . 50210307
·o TKE COLLECE STATION WATER TOY/ER <BEARS
I 4-5" 38'22" WI. l.IETRIC OISl .ANCES MAY BE
:ONVERTEO TO ENGLISH BY OIVIOINC A F'ACTOR
If 0.3048006.
VOL. 115.J, PC. IJ7, O .R.B .C.
P .O.C .
f'ND . 13 mm IR BEARS
N 1a· E, 0 .318 m 11.04'1
t SEMINO\. C P'.PC\..lM'..
(VOL. !022, PC. 1107, o .c .o .R .I
S 63"03'31 " E
'46°53'.J-4" W 26 -42 .JJS m 1136 .90')
• 1.775m 1858.8-4')
LEO M. DELATORRE
REC.PROF.LANO SURVEYOR NO. 511J
DATE or SURVEY: MARCH. 1996 PARCEL 9E
I
' l
NOTES:
P .O .C .
PARCEL NO. 9£
P .0 .8 .
PARCEL NO. 9E
I. A LEC>J. DESCRIPTION OF EVEN SURVEY
DATE HERE\lllTH ACCOMPANIES THIS PLAT.
LEGE.ND
e SET 16 mm 1.R . WllH Al.UM . CAP
0 £XISTINC PROPERl Y CORNE.R
a SE.l CONCRET£ MONUMENT W/ BRASS OISX
S .H. 40
lA'lOTECH
PARCEL PLAT
SHOVllNC PROPERTY OF
TIMOTHY J . CROWLEY
BRAZOS COUNTY
CSJ 0540·06 ·001
'-IARCH . 1998
CAL : 1: 000
NOTTOSCAU!
EXHIBIT ''A''
lfl s Mer. ~les 6s § ..... a ..... cr.PAGF.S
MATCH LINE 11 8 11
N 03"07'07" YI yd~N 08"07'16" Vi l /
72 .227m <236 .97~ 95.992m <Jl4.9.J'I .o.;.·~'l-'J.-"'
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ao.795m <255 .oa·i llfcoNSERV~TTOt-t EASEMENT ROBERT STEVENSON SURVEY
15 '4(-~,.~; <JMG
4 AC.~:1.Q'i~~>i:' ABSTRACT NO. 54
. ~·' ,"J --8 ~ ~
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TIMOTHY J. CROWLEY
297.429 ho 17J4 .96 AC.)
VOL. 1415, PC. 74
JAN. 24, 1992
O.R.B.C .
SlA. 5•888.950
73.020m LT. STA. 5•969.JJO
J4..120m LT.
PROPosm R.o.w .
s 48"41'54" w
297.027m ... f97•.so•> s 51" 36'26" w. 0
7J .2J5m (240.27'> ::; \ s,.,_Boo . \ .. "-o -.....,..____ t BURICO neER OPTIC ......_,,,r • 1CLCPKON[ C(».11.1. CVOl. 745,
'° 0 .;, ftf rC 8URlt
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OL . ~·:\ CTC BURC.0 TElCPltO~ ------·-...---...,
•Pr, All~ ~L-.!!!·~ ~·~-·1 --------- --------isr;;o,,--_~_:~---4.J-----=t='--:-I ----------------------=...::=====;::.::!:~~
EAAINC ORIENTATION IS BASEO ON rHE TEXAS
:QOROINATE SYSTEM, CENTRAL ZONE !NAO BJ>,
HROUCH TXOOT SAT1EL11E STATION NO . S0210307
0 lHE COLLEGE STATION WAlER lOWER <BEARS
45• 38'22" W>. METRIC DISTANCES MAY BE
ONVERTED TO ENGLISH BY DIVIDING A FACTOR
r o.J04eoos.
3/J./,.
LEO M. DELATORRE
REG. PROF. LANO SURVEYOR NO. SltJ
DATE or SURVEY : IA.ARCH, 1996 9E
C(
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P .O.C.
PARCEL NO. 9E
P .O.B.
PA~CEL 1\-::l . 9E
SCALE: 1=2000
LINE TABLE
s 82 "J5' 16'" w s 10·12 34 w
s 77"03 53'" w
N 12•0 1 JJ W
N 2 e•20'55" E
N 59•45'32" E
NOTES :
SEE NOTES SHEEl 1 OF 4 .
LE GENO
e SrT 16 mm l.R. WITH ALUM. CN'
0 EXISTING PROPERTY CORNER
• SU CONCR(!E llONl.AIENT WI BRASS 0151<
PARCEL PLAT
SHOWING PROPERTY or
TIMOTHY J. CROWLEY
S.H, 40 BRAZOS COUNTY
CSJ 0540·08-00 t
LANOTECH CONSUL TAN TS, l>IC.
H T OF 4
l.lARCH, 199E
EXHIBIT ''A''
s M th OJAflo_E -~-~r cy s PAGFS
IJl
lfl
(\I
"" ~ TIMOTHY J . CROW!..EY
l.;JJI 297.429 ho C734 .9S AC.>
VOL. 1415, PG. 11!.
JAN. 24, 1992
O.R.8 .C.
\.-:-:~~;--
144.117m 1472 .62"!
S s1• 15'05" E
S 73• 20'42" E \~8.36J'Tl 160.31'1
N 76° I~ '38" E
6l.399m <206.00')
N 4 J• 29 '17" E
127:2_~~~~--
@
PROPOSED
CON SERVATION EASEMENT
15.404 ho <38.064 AC.>
ROBERT STEVENSON SURVEY
ABSTRACT NO. 54 ~
J£AAINC ORIENTATION IS 8ASEO ON THE TEXAS
;ooROINATE SYST(M, C(NTRAL. ZONE <Nl>D 631,
IHROUGH rxoor SATTELITE STATION NO. S0210J07
ro THE COLLEGE STATION WATE.R TOWER <BEARS
f 45' 3!1'22" YI). METRIC DISTANCES MAY BE
:ONVERTEO TO [NOUSH BY OIVIOING A f AC rDR
If 0.304800&.
s 11· 26'20" w
25. l.l9m <82.4 B'>
LEO M. DELATORRE ; • I
REC . PROF"'. LAND SURVEYOR NO. 5)13
DATE or SURVE.Y : MARCH, 1998
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ROBERT STEVENSON S~RVEY
ASS TRACT
PAACEL N0.9(
NTS
P .0 .C. PAACt:L
NO . 9E
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SCALE: 1:2000
l
-' NOTES:
:I:. ~·.SEE NOTES SHEET I OF 4 .
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S .H. 40
lEGfND
SET 16 mm l.R. Y/ITH ALUM. Cl>P
EXISllNG PROP[RTY CORM:R
SET CQNC.R[TE. MOM.IMENT YI/ BR~ DISK
PAR CEL PLAT
SHOWING PROPERTY OF
TIMOTHY ~CROWLEY
BRAZOS CO~TY
CSJ 0540-08-001
LA~OTECH CONSULT >.'HS, lllC. rm .. 1998
: I: 000 H T OF .,.
.......... __ .-.-.. ·-
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I
EXl-UBTT II A ti
s M en ru IJl PAoJS' ~ ~~ "1 PAGES
N 75• I~ '38" E. 6J .J99rn <208.00') f i
N 21•42·54" E . ~7 .634m ClS&..9 ')I
N JO• 24'20'' E
s9.01sm 122s.62·1 I
N 40· 26'58" E I I 36.JBB~ I
-+i
ROBERT STEVENSON SURVEY
ABSTRACT N0.54
R • 7.621m 125.00'>
l · 11.971m <J9.2B'l
6. • 90" 00'00"
CH• N 89" 10'<43" E,
10.778m <35.36')
::..> I 1 ~ 111~ :
PR~ED I:'~
CONSERVATION EASEMENT I ' 1~
15.404 ho (38.064 AC.> J w
I 1 I~
Ii 1:
I
TIMOTHY J. CROWLEY
297 .4 29 ha C 7 J4 .96 AC.l
VOL. 14)5, PG. J4.
JAN . 24, \992
O.R .8 .C.
'l
___..._.---------..-5 37• 38'29" w
us.620m t44 a .23'> I I ..-ovERHEAO n POWER LINE
J
1
1 L 16.288m (60') ELECTRICAL N 52• 11'42" W
7.J.812m 1242.17'>
s 47" 44'27" w
56.3J6m (164 .83') I I RIGHT Of' V/AY EASEMENT I VOL. 215. PG . 589, 8.C.D .R .
IEARING ORIENTATION IS BASED ON THE TEXAS
:oORDINATE SYSTEM. CENTRAL ZONE <NAO 8Jl,
HROUCH TXOOT SATTEUTE STATION NO. S02JOJ07
·o THE COLLE'CE STATION WAlER TOWER <BEARS
I 4 5• 36'22" W). METRIC DISTANCES MAY BE.
:oNVERTEO TO ENGLISH BY DIVIDING A r ACTOR
If' O.J048006.
LEO 1.4 . DELATORRE
REC.PROf.LANO SURVEYOR NO . 511J
DATE OF SURVEY' ~ARCH. 19911 PARCEL 9E
ROOERT STEVENSON SURVEY l ABSTRACf
P.llRCEL NO. 9E
NTS
P.O .C. PAACEL
NO . 9E
0 /() 2fJ «J Ql
es=-
SCALE' 1'2000
NOTCS :
I. SEE NOTES SHEET I Of 4.
LEGEND
e SET 16 mm l.R . WITH ALUM. CAP
C EXISTING PROPERfY CORNE'R
• Se:l CONCRc:l( MOllUMENl WI BRASS DISK
S .H. 40
PARCEL PLAT
SHOWIPiC PROPER TY OF
TIMOTHY J. CROWLEY
BRAZOS COUNTY
CSJ 0540·0!1-001
L~OTECH CONSULTAATS. INC.
HEE'.T 4 Of 4 SC
NOTE:
NOTTO SCALE
0725685 ·--
EXHIBIT "B"
The Property is located along drainages in the Spring Creek drainage area. The Property
is in the Oak Woodlands Ecological Area of Texas. This area generally provides a habitat
of sandy soil wich subsurface drainage and a post oak canopy. The vegetation canopy
cover of the site, as estimated from aerial photographs, is 80-85%. The understory
vegetation consists of yaupon, various vines, and tree saplings. The understory is not of
consistent density.
Spiranthes parksii, a federal endangered species occurs on the Property and generally is
located within small clearings within the post oak canopy. A Biological Assessment,
Attachment l, further describes the occurrence and value of Spiranthes parksii on the
Property .
. The Property is part of a larger property that is presently used for livestock grazing by the
Granter. However, the vegetation density of the post oak community on the actual
Property inhibits livestock use of the Property.
There is a utility line on the east boundary of the Property.
There are no fences, utilities, or structures on the Property.
There are no other existing uses or developments on or under the Property, however, the
larger property surrounding the Property has been approved by the City of College Station
for a mixed use development, including, but not limited to residential, office and
commercial uses.
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ATTACHMENT "1"
(ATIACHED TO EXHIBIT "B")
DATED: September 17, 1999
[Note: Date is to be filled in upon approval and acceptance by both FHW A and USFWS]
BIOLOGICAL ASSESSMENT
STATE HIGHWAY 40, BRAZOS COUNTY, TEXAS
Area affected
The proposed State Highway 40 project is south of College Station, Texas and is from
FM 2154 near South Graham Road to State Highway 6 at Greens Prairie Road, a distance
of 5.15 kilometers or 3.2 miles (map attached). The right-of-way (ROW) will be a
minimum of 111.6 meters (366 ft.) wide with additional Rjght-of-way width in cut and
fill areas. The general area where the project ' is located is known to be habitat for
Spiranthes parksii, a plant listed as endangered under the Endangered Species Act.
Surveys for the presence of S. parksii have shown that at least five individual plants of the
species will be destroyed by the proposed roadway. Additionally, 40 rosettes of a
Spiranrhes sp . have been located within one of the widened portions of the proposed
right-of-way that will not be developed that have not been definitely identified as S.
parksii. The Environmental Assessment for this project was previously sent to the
USFWS Field Office in Austin, Texas for their review.
To mitigate for the loss . of individual plants of S. parksii, the Texas Department of
Transportation (TxDOT) will acquire a conservation easement of about 38 acres on
property adjacent to the proposed roadway (map attached). This property is habitat for
the species and is known to support at least 56 individual plant of the listed species. A
management plane for the conservation easement has been developed that will include
creation of clearings as an effort co increase the number of plants on the easement.
Additionally, the Bryan District, TxDO'f, is committed to the protection of the area where
the 40 unidentified rosettes are located in a wider portion of the right-of-way. The
conservation easement content will be developed through discussions with the U. S. Fish
and Wildlife Service to assure adequate protection for S. parksii and its habitat on the
site.
This project is receiving federal funds from the Federal Highway Administration, which
requires completion of the requirements of Section 7 of the Endangered Species Act.
This Biological Assessment is being prepared to initiate formal Section 7 consultation.
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0725685 -.
On site inspections
The Texas Department of Transportation (TxDOT) contracted with Tejas Ecological
Services for a site survey in October-November of 1995. During that survey, seven areas
were delineated as occupied habitat for Spiranthes parksii in the project area. S. parksii
was placed on the list of Federal endangered species on May 6, 1982. All of the plants
found during rhe 1995 survey were on property owned by Mr. Timothy Crowley. One of
the areas delineated as habitat will be affected by the ROW, area 4, which is the largest of
the seven delineated areas. However, only about 14% of area four will be within the
ROW. During a November 2, 1995 meeting with personnel from USFWS, TPWD, and
TxDOT, it was recommended that the entire Crowley tract be surveyed. During that
survey of the proposed ROW, only the Crowley tract was found to support S. parksii. The
survey report (attached) states that seven "zones,, were mapped and that the "zones" were
mapped due to the density of the canopy, which apparently affected the ability of the
survey personnel to detennine their exact location. The results of the survey were:
Zone 1 1 plant
Zone2 1 plant
Zone3 5 plants
Zone4 15 plants
Zones 15 plants
Zone6 7 plants
Zone 7 12 plants
In the conclusion of the 1995 report, there is information that approximately 22 of the 56
plants found on the Crowley tract would be affected by the SH 40 project.
An additional survey was contracted to Tejas Ecological Services for the fall of 1996 on a
proposed conservation easement area on the Crowley Tract. No specimens of S. parksii
were found within the proposed conservation easement area. One specimen was found at
the south end of "zone" 7. The contractor commented that the absence of blooming
plants was attributed to the extreme drought during 1996 and that surveys throughout the
area had yielded low counts compared to previous years. It is not unusual for woodland
orchids not to flower in unfavorable years even though the plants are still present in
viable condition.
In early 1997, Tejas Ecological Services (Kathy Parker) accompanied a TxDOT GPS
crew to the Crowley tract to detennine the precise (l 11 +/-) locations of the previously
recorded "zones" of occupied habitat. Some of the previously delineated "zones" were
found to be in somewhat different locations than previously mapped. However, all the
plants plotted using GPS equipment were still associated with Spring Creek and
tributaries to Spring Creek . It is estimated that five of the plants documented for "zone"
four are within the construction area of the proposed SH 40 ROW rather than the 22
plants originally estimated by Tejas Ecological Services. The change in numbers of
known plants, 22 plants to five plants, to be impacted by the proposed road is
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.._.. _,_, ___ ---
documented in an attached e-mail message from Bryan District and memorandum from
Don Werth, TxDOT, Bryan District to personnel of the USFWS.
Approximately 40 rosettes of Spiranthes spp. were found within the proposed right-of-
way during the GPS study. These rosettes are located within an area of the proposed
right-of-way that is wider than usual and does not need to be disturbed during
construction. This wider right-of-way is to accommodate channel work in a tributary of
Spring Creek, but the 40 rosettes are in a portion of the right-of-way that will not be
disturbed by the proposed channel work. Ms. Kathy Parker believes that the 40 rosettes
may be S. parksii, but this has not been confirmed (Personal communications between
Ken Holmes, TxDOT, Austin and Mike Carpenter, TxDOT, Bryan). The Bryan District
made a commitment in their Environmental Document to establish a buffer zone within
the project right-of-way . to protect the 40 unidentified rosettes. A list of the GPS
locations for S. parksii recorded during the OPS survey is attached.
Fifty-seven plants have been documented on the Crowley property.
Views of recognized experts
In the 1995 survey report, Kathy Parker, Tejas Ecological Services, stated that 22 of the
56 specimens located on the Crowley tract would be impacted by the proposed route for
SH 40. The 1996 report by Tejas Ecological Services included a report on previous
attempts to transplant Spiranrhes parksii. Because of the habit of the plant to be dormant
for 1 to several years, it has been very difficult to monitor the success of transplant
efforts.
Literature review
The Tejas Ecological Services reports of 1995 and 1996 include excellent reviews of the
existing knowledge of Spiranrhes parksii. Copies of these reports have been previously
provided to the USFWS.
Effects of the action on the species and habitat
Because of the habit of Spiranthes parksii to flower only in favorable years, it is
uncertain how many individual plants of the species will be destroyed by construction of
the proposed project. Construction of SH 40 will include some uncertain number of
individuals of S. park.sii within the right-of-way. Based on the 1997 OPS survey. and the
shifted alignment of the proposed roadway, it is known that five individual plants will be
destroyed. Additionally, 40 rosettes of a Spiranthes spp. that will be outside the
construction disturbance area, but within the right-of-way will be protected. The adjacent
property belonging to Mr. Timothy Crowley is an area of planed development by the
owner , The development will primarily consist of residential and commercial uses. This
development would apparently take place with or without the SH 40 project. The effects
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of the development of Mr. Crowley's property on S. parksii is beyond the scope of this
biological assessment.
The area where the project is located is currently subject to human population growth and
development. As discussed in the Environmental Assessment for this project, the City of
College Station has planned for the future land use in the project area for residential and
commercial development. The project provides infrastructure to support the planned
growth .
The reports prepared by Tejas Ecological Services, referenced above, include information
on the soils where Spiranthes park.sii is frequently encountered. Soils that are found in
association with S. parksii that are also found in the vicinity of the SH 40 project include
the Burlewash series, Tabor fine sandy loam, Sandow loam and Singleton fine sandy
loam. The above soils tend to be shallow and underlain by a somewhat impermeable
subsoil. There is often subsurface water flow over a hardpan layer that seems to promote
the occurance of S. parksii. Concern has been expressed about the effect that
development of SH 40 might have on subsurface water supplies for the local populations
of S. parksii. A subjective review of NRCS soils information, with an assumption that
the Burlewash soils are a primary source of subsurface water flow in the project area,
shows that all the Sandow soils in the project area could still get subsurface flow from
Burle.wash soil units . No Sandow soil areas would be cut off from substantial areas of
Burlewash soils .
Mr. Timothy Crowley has agreed to sell the Texas Department of Transportation
(TxDOT) a conservation easement of approximately 38 acres (map attached) along the
Spring Creek drainage. With the conservation easement it is estimated that at least 56
individual plants would be conserved on the property as well as sufficient habitat to
support additional plants. The site mitigation plan includes provisions for making an
attempt to increase the total population of S. parksii. This conservation easement is to
mitigate for the loss of S. parksii and its' habitat within the highway right-of-way . The
location and size of the conservation easement has been previously reviewed by personnel
from the UF Fish and Wildlife Service. A mitigation plan (attached) has been developed
for the conservation easement and will concentrate on protection of S. parksii.
Additionally, the conservation easement will provide the property owner with use of the
property that will permit development of the property for recreational uses that may be
approved by the U. S. Fish and Wildlife Service .
The estimated effect of the project and conservation easement on individual S. parksii
plants identified and mapped during the 1995 survey and as estimated in subsequent
surveys is:
Zone I - 1 plant -not protected and not effected by the project
Zone 2 - I plant -not protected and not effected by the project
Zone 3 -5 plants -not protected and not effected by the project
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Zone 4 -15 plams -5 plants destroyed by the project and 10 planes protected by
the conservation easement
Zone 5 -15 plants -15 plants protected by the conservation easement
Zone 6 -7 plants -7 plants protected by the conservation easement
Zone 7 -12 plants -12 plants protected by the conservation easement
Five S. parksii would be destroyed by construction and 44 would be protected by the
conservation easement. Additionally, if the 40 rosettes discovered during the GPS swvey
are in fact S. parksii those plants would be protected within the proposed project right-of-
way . The mitigation plan includes provisions to thin the vegetation in Zone 4 and Zone 5
to promote the survival of and support new individual S. parksii. If the th inning produces
five new plants, there would be no net loss of plants and protection of at least 44 plants ,
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EXlllBIT "C"
ADDTI10NAL RIGIITS
1. The right of the Grantee, its agents, contractors and assigns to enter into and upon the
Property during the construction of S. H. 40 for the purposes of establishing, installing,
and subsequently removing, a temporary boundary fence. Said temporary fence is to
protect various areas within the Property from inadvertent clearing, dumping, parking, or
other activities inconsistent with the purpose of the easement.
2. The right of the Grantee, its agents, contractors and assigns to enter into and upon the
Property to perform habitat maintenance and other obligations of Grantee required by this
easement.
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EXHIBIT ''D''
The following uses and practices, although not exhaustive, are consistent with the
purpose of this easement :
1. Any and all activities which will enhance the maintenance of the Property
predominantly in its natural condition and contribute to the protection of environmental
systems, as detailed in Exhibit B and the Attachment "l" Biological Assessment and
Appended Mitigation Plan of this Conservation Easement
2. Limited public recreational uses consistent with the rights set out in Exhibit "C",
being limited to the establishment and public utilization of minimal impact hike and bike
t.raHs , consisting primarily of a natural permeable material allowing for natural drainage
conditions to exist. In limited areas prone to erosion or excessive maintenance or within
fifty feet (50') of the perimeter of the Property, concrete or other impermeable materials
may be used to construct the trails. Such materials may be used in other areas of the
Property if approved by the U. S. Fish and Wildlife Service. Landscaping following trail
installation/construction activities in the area is allowed , but only with species native to
the Post Oak Riparian Zone . Motorized vehicles are to be prohibited from using the
trails , except those used to perform necessary and authorized maintenance of the trails,
which must be small enough to fit within the width of the trails . Herbicides and
pesticides may be applied immediately adjacent to the trails provided that the application
is performed using hand held applicators and the U. S. Fish and Wildlife Service grants
prior approval. · Hike and bike trails will be in an area around the perimeter of the
Property described more particularly by metes and bounds in Exhibit ''F," which is
attached hereto and incorporated by reference herein.
3, Installation of temporary and/or permanent protective fences .
4. Installation of guide, warning, and prohibired access signs.
5. Installation of water fountains and night lighting at ingress and egress points to the
hike and bike trails only, and no more than 36 inches deep and 30 feet away from any
population of Navasota Lac:Iies' -tresses.
6 . Periodic habitat management to be performed by Grantee or his designee.
7. Research, surveys, and monitoring studies to be performed by Grantee or his
des ignee.
8. Installation and maintenance of utilities facilities not already contemplated by this
easement upon, over, under, or across the Property after first obtaining the written
approval of Grantee and the U.S. Fish and Wildlife Service .
9. Tunneling under the srreambed located on the Property is permitted, provided it does
not interfere with the flow of water, which provides moisture for the Navasota ladies ' -
tresses . Aerial use of the Property is permitted provided it does not interfere with the
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amount of sunlight or cover necessary to support the populations of the Navasota ladies' -
tresses .
10. To explore for or extract oil, gas and other minerals below the surface of the Property
provided, however, that operations for exploration or recovery of any such minerals shall
only be permissible so long as all surface operations in connection therewith are located
at a point outside the Property and upon the condition that none of such operations shall
be conducted so near the surface of the Property as to interfere with the intended uses and
purposes of this easement or in any way interfere with, jeopardize, or endanger the
ecological features of the Property, including without limitation, topography, soil, water,
vegetation, and wildlife , and specifically the federal endangered species known as
Spiranthes parksii.
11. The construction of structures at the two stream beds along the western, upstream
boundary of the Property and the one downstream, eastern exit from the Property, for the
purpose of metering water into and out of the Property to prevent erosion and assist in
maintafoing the native character and configuration of the natural water channel.
Incidental storm water runoff detention within the Property area while metering the out
flow of water is permissible .
12 . Any use of the Property and any activity thereon, which is consistent with the purpose
of the easement as approved by the Grantee with U. S. Fish and Wildlife Service
concurrence .
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EXHIBIT "E"
The following uses and practices , although not exhaustive, are inconsistent with
the purpose of this easement and, except as otherw ise permitted by this easement , are
specifically prohibited uses and practices:
l. The planting or introduction of any non-native species of vegetation, animal or fish .
The removal , destruction, cutting, trimming, mowing, alteration, or spraying with
biocides of any vegetation, except minimal maintenance as necessary and permitted by
Grantee in accordance with its management right.
2. Agricultural, commercial, or industrial activity of any type.
3. The filling , excavating, removal of topsoil or other materials , any dumping of any
kind , and the changing of the topography of the land in any manner.
4. Grazing by cattle, sheep, goats, or other animal, domestic or exotic, except that the
grazing of cattle shall be allowed provided the intens ity of the use by the cattle during the
development of the property surrounding the easement does not increase above current
levels .
5. The construction or placing of buildings, mobile homes, billboards or other
advertising material, or any other structures.
6. The building of new roads, trails, or any other rights of way and the widening of
existing roads or trails except as permitted by Grantee in writing with U. S. Fish and
Wildlife Service concurrence, and except as pennitted in Exhibits "C" and "D".
7. The use of motorized vehicles of any kind (both on or off-road vehicles) upon the
Property, except as pennitted by Grantee in accordance with its management right.
8. The manipulation or alteration of natmal watercourses or other water bodies or any
activities or uses detrimental to water quality and quantity except as perm itted in Exhibit
"D" paragraph 11.
9. To operate a feed lot .
10 . To explore for or extract oil, gas and other minerals from the surface of the Property.
Note , however, that the exploration for or extraction of oil, gas and other minerals below
the surface of the property shall be permitted under the conditions more specifically set
out in Exhibit "D" paragraph 10.
11. To dump or dispose of refuse on the Property.
12 . To hunt, trap; capture, or destroy wild animal life, except by prior written permission
of the Grantee for health and safety purposes only.
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13. To fish, trap, hunt, capture, remove, or destroy fish or other marine or aquatic life, and
plants, except by prior written permission of Grantee for health and safety purposes only .
14. The granting of an easement across the Property, unless first approved by Grantee
with U. S. Fish and Wildlife Service concurrence . However, no consent or concurrence
will be required for the granting of (1) an aerial easement over the conservation easement
which does not interfere with the amount of sunlight or cover necessary to support the
population of Navasota ladies' -tresses; or (2) a subsurface easement under the
conservation easement, provided the subsurface easement is below the impermeable or
partially impenneable layer closest to the swface, if any, which diverts water in a manner
so as ro provide moisture for the Navasota ladies' -tresses. All subsurface easements
must have their points of ingress and egress outside of the easement boundary and remain
be1ow the subsurface strata, which is important to the hydrology of populations of
Navasota ladies' -tresses in the Property.
15 . Any use of the Property and any activity thereon, which is or may become
inconsistent with the purpose of the easement and is not otherwise pennitted by this
easement.
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------~ ..... -EXHIBrr_F __
PAG-..E_ ... 1_ oF. 18
DESCRIPTION OF
1.490 ACRES
PAGES
PROPOSED DRAINAGE EASEMENT
January 27, I 999
Job No . 4 591-0002
Being 1.490 acres of land, more or less, located in the Robert Stevenson Survey, Abstract No. 54, Brazos
County, Texas, and being out of and a part of that certain 734 .96 acre tract conveyed from Robert B. Waltman, et ux,
to Timothy J. Crowley by instrument of record dated January24. 1992 and recorded in Volume 1415, Page 74, Official
~
Records of Brazos County (B.C.O.R.) and being more particularly described by metes and bounds as follows, all
bearings referenced to the Texas Coordinate System, Cencrat Zone;
COMMENCING for reference at the most westerly comer of Lot 2, Block 1, South Park Estates Phil.Se One,
a subdivision ofrccord in Volume 795, Page 259, B.C.O .R., same being an interior comer of said 734.96 acre tract;
South 63 ° 03' 3 l" East, along the southerly line of said Lot 2, 138 .90 feet to a point on the proposed
northerly right-of-way line of Sute Highway 40;
South 46° 53' 34" West, wi!ft said proposed northerly right-of-way line, 858.84 feet to a point;
South 48° 41' 54" West. continuing with said proposed northerly right-of-way line, 974 .SO feet to a
point;
Souths 1 • 36' 26" West, continuing with said proposed northerly right-of-way line, 240.27 feet to a
point;
Souch 56• 33' QO" West, continuing with said proposed northerly right-of-way line, 237 .25 feet to a
point;
Souch 61•44' 46" West, continuing with said proposed northerly right-of-way line, at 40.36 feet pass
a southeasterly corner of a proposed 38.064 acre Conservation Easement and continuing with said
proposed northerly right-of-way line and a southerly line of .said proposed Conservation Easement
in all a total distance of2 I 0.36 feet to the POINT OF BEGINNfNG of the herein pescribed tract;
Page I of 3
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EXHlBIT _ __._f __ 0725685 ----
1.490 acres
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PAGE 2 OF. 1a PAGES
January 27, 1999
Job No. 4591-0002
THENCE SOUTH 61 ° 44' 46'' West continuing with the proposed northerly righc-of-way \in~ of St.ate
Highway 40 and with the southerly Jin~ of said Conservation Easement, 30.55 feet to a po inc for
comer;
THENCE SOUTH 82 ° 35' l 6'' West continuing with the proposed north~rlyright-of-way lin~ of State
Highway 40 and with the southerly line of said Conservation Easement, l 03.93 feet to ;i point for
comer;
THENCE SOUTH 70° 12' 34" West continuing with the proposed northerly right-of-way line of State
Highway 40 and with the southerly line of said Conservation Easement, 256.64 feet to a point for
comer;
4) THENCE SOUTH 56° 47' 54" West continuing with the proposednortherlyright-of-w;:iyline of State
Highway 40 and with the southerly line of said Conservation Easement, 125.57 feet to a poi:-1t for
comer;
5) THENCE SOUTH 77 • 03' ~3" West continuing with the proposed northerly right-of-way line of State
Highway 40 and with the southerly line of said Conservation Easement, 27.19 feet to a point for
comer;
6) THENCE NORTH 12° 01' 13" West, departing said proposed north right-of-way line and with a
wescerly line of said proposed Conservation Easement, 66.47 feec to a point for comer;
7) THENCE NORTH 28° 20' SS" East, cont~nuingwith the westerly line of said proposed Conservation
Easement, l 1.36 feet to a poinc for comer;
8) THENCE NORTH 77° 03' 53" East, departing .said wescerly line, 5.23 feet co a point for comer;
9) THENCE NORTH 56° 47' 54" East, 120.99 feer to a point for comer;
10) THENCE NORTH 70° 12' 34" Ease, 268.46 feec to a point for comer;
11) THENCE NORTH 03 ° 03' 30" West, 131.91 feet to a point for comer;
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EXHIBIT-i.------. __ ..._.. ___ ._ -. .,
1.490 acres
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PAt;E 3 Of. 18 PAGFS
January 27, 1999
Job No . 4591-0002
THENCE NORTH 61 •44· 46" East, 165 .77 feet to a point for comer on an easterly line of the
aforesaid proposed Conservation Easement;
13) THENCE SOUTH o:;• 03' 30" Ease, departing said easterly line, 254 .27 feet ro the POINT OF
BEGrNNING and containing l.490 acres ofland.
LJA Engineering & Surveying, Inc.
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EXHIBIT F ro r c:.::n:,oJ
PAGE 4 OE _ _.....18..___PAGI:..:,
DESCRIPTION OF
0.6S9 ACRE
PROPOSED DRAIANGE EASEMENT
Janua;;.· 29, 1999
Job No . .:!591-0002
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Being 0.689 acre (30,000 square feet) of land , more Oi less, loca~ed in the Robert Stevenson Sur;e y, Abstract 3
No . 54 , Brazos County, Texas, and being out of and a part of that certain 734 .96 c.cre tract conveyed fro.-:1 Robert B. 6
Wa ltman, et ux, to Timothy J. Crowley by instrument of record dated January 24, i 992 and recorded in \'cturne 1415,
Page 74, Official Records of Brazos County (B.C.O.R .) and being more par.icubrly described by metes a::d bounds as
follows, all bearings referenced to the Texas Coordinate System, Central Zone;
COMMENCING for reference at the most westerly comer of Lot 2, Block l, South Park Estates Phase One,
a subdivision of record in Volume 795, Page 259, B.C.O.R., same being an interior comer of said 734 .95 acre tract;
South 63 ° 03' 31" East, along the southerly line of said Lot 2, 13 8.90 feet to a point on the proposed
northerly right-of-way line of State Highway 40;
South 46° 53' 34" West, w.ith said proposed northerly right-of-way lir.e, S33A6 fee ~ to a point;
North 45 ° 49' 17" West, departing said proposed northerly right-of-way line, at 1241.35 feet pass an
easterly comer of a proposed 38.064 acre Conservation Easement, at 1893.51 feet pass a northerly
comer of said easement and continue in all a total . distance of 2299.80 feet to a pobt;
South44° 10' 43" West, 1357.17 feet to the POINT OF BEGINNING of the herein described tract,
same being on a westerly line of said proposed 38.064 acre Conservation Easement;
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2)
3)
THENCE, SOUTH 52° 14' 28" East, departing said proposed Conservation Easement,
200.00 feet to a point for comer;
THENCE, SOUTH 45 ° 48' 13" West, 151.49 feet to a point for _ comer;
THENCE, NORTH 52° I 4' 28"' West, 200.00 feet to a point for comer on a westerly line of
the aforesaid proposed Conservation Easement;
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EXHIBrr __ t --
PAGE 5 OF.· __ lB __ PAGES
January 29 , 1999
Job No. 4591-0002
THENCE, NORTH 45° 48' 13" East, with a westerly line of said propos~d Cons~rv2 1 ion
Easement, 151.49 feet co the POINT OF BEGINNING and containing 0.689 acre (30,000
square feet) of land .
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EXHIBIT F
PAGE....__.6....__0F. 18
DESCRJPTlON OF
l.424 ACRES
PAGES
PROPOSED SANITARY EASEMENT
January 21, 1999
Job No . 4591-0002
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Being 1.424 acres of land, more or less, located in the Rob~rt St~venson Survey, Abstract No. 54, Brazos 0
Councy, Texas, and being out of and a part of that certain 734.96 acre rract conveyed from Robert B. Waltm:in, ct ux. 0
to Timothy J. Crowley by instrument of record dated January 24, 1992 and recorded in Volume 1415, Page 74, Official 1
Records of Braz?s Councy (B.C.O.R.) and being more particularly described by metes and bounds as follows, all 3
bearings referenced to the Texas Coordinate System, Central Zone; B
. .
COMMENCING for reference at the most westerly comer of Lot 2, Block l, South Park Estates Phase One,
a subdivision of record in Volume 795, Page 259, B.C .O.R., same being an interior comer of said 734.96 acre trace;
South 63 • 03' 31" E;ist, along the southerly line of said Lot 2, 13 8.90 feet to a point on the proposed
northerly right-of-way line of Seate Highway 40;
South 46° 53' 34'' We.st, w~h said proposed northerly right-of-way line, 858.84 feet to a point;
South 43 ° 41' 54" West, continuing with said proposed northerly right-of-way line, 974.50 feet to a
point;
South 5 t • 36' 26" West, continuing with said pro~~sed northerly right-of-way line, 240,27 feet to a
point;
Sou:h 56° 33' 00'' West, continuing with said proposed northerly right-of-way line, 237.25 feet to a
point;
South.61° 44' 46" West, continuing with said proposed northerly right-of-way line, 40.36 feet to the
POINT OF BEGINNING of the herein described tract same being a southeasterly comer of a
proposed 38.064 acre Conservation Easement;
1) THENCE, SOUTH 61° 44' 46" West, continuing along said proposed northerly right-of-way
line and along a southerly line of said proposed Conservation Easement, 51.77 feet to a point
for comer;
Page I of 3
J
l.424 acres
EXHIBIT _ _.E--
.... I ._,_,,_,,_..._
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4)
5)
PAGE 7 OF._...:;.l.;;..8 _PAGES
Janu<iry21, 1999
Job No . 4591-0002
THENCE, NORTH 43 • 16' 43k West, departing said north and south lines, 333.28 feet to
a point for comu;
THENCE, SOUTH 80° 24' 48" West, 239.76 feet to a point for comer;
THENCE, SOUTH 23 • 58' 30" East, 271.25 feet to a poim for comer;
THENCE, SOUTH 59° 45' 32" West, 230.45 feet to a point for comer;
6) THENCE, SOUTH 28° 20' SS" West, 30.60 feet to a point for comer;
7) THENCE, SOUTH 12° 01' 13" East, 38.82 feet to a point for comer on the proposed
northerly right-of-way line of the aforesaid State Highway 40 and on a southerly line of the
aforesaid proposed Conservation Easement;
\
8) THENCE, SOUTH 56• 47' 54" West. continuing with said nonhecly and southerly lines,
24.46 feet to a point for comer;
9) THENCE, SOUTH 77" 03' 53'' West, continuing with said northerly and southerly lines,
27 .19 feet to a point for comer.
l 0) THENCE, NORTH 12° 0 l' 13" West, departing said northerly line and with a westerly line
of said proposed Conservation Easement, 66.47 feet to a point for comer:
11) THENCE, NORTH 28 • 20' 55" East, continuingwith said westerly line, 63 .04 feet to a point
for corner;
12) THENCE, NORTH 59" 45' 32" E;ut, continuing with said westerly line, 199.70 feet to a
point for comer,
13) THENCE, NORTH 23 ° sg· 30'' West, conriniuing with said westerly line, 265.08 feet to a
point for comer; _,.
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1.424 acre s
EXHIBIT __ E __ ........... -----
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PAG, ..... E_ .... e_oE JR PAGES
January 21, I 999
Job No . 4591-0002
THENCE . NORTH 03° 07' 07" West, co ntinuing with said westerly line , 25.16 fw to a
point for comer;
THENCE, NORTH 80 ° 24' 4S'' Ease, departing said westerly line, 345.49 fecc to a point for
comer on <in easterly line of sa id proposed Conservat ion Easement;
THENCE, SOUTH 06°17' 07'' West, along an easterly line of said proposed Conservation
Easement, 25 .99 feet to a point for comer;
17) THENCE, SOUTH 43" 16' 43" East, continuing with said easterly line, 343.42 feet to the
POINT OF BEGINNI'NG and concaining 1.424 acres of land.
LJA Engineering & Surveying, Inc.
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PAGE 9 OF. 18
DESCRIPTION OF
1.290 ACRES
PAGES
PROPOSED SANITARY EASEMENT
January 21, 1999
Job No . 4591-0002
Being 1.290 acres of land, more or less, located in the Robert Stevenson Survey, Abscracc No . 54. Brazos
County, Texas, and being out of and a p<m of that certairi 734 .96 acre trace conveyed from Robert B. Waltman, et
ux, co Timothy J. Crowley by instrument of record dated January 24, 1992 and recorded in Volume 1415, Pagl! 74,
Official Records of Brazos County (B.C.O .R.) and being more particularly described by metes and bounds as
follows, all bearings referenced to the Texas Coordinate System, Central Zone;
COMMENCING for reference at the most wes terly comer of Lot 2, Block l, South Park 8tates Phase
One, a subdivision of record in Volume 795, P;:ige 259, B.C.O .R., same being an interior comer of said 734 .96 acre
tract;
South 63 ° 03' 31" East, along che southerly line of said Lot 2, 138 .90 feet to a point on the proposed
northerly right-of-way line of Seate Highway 40;
South 46° 53' 34" West, with said proposed northerly right-of-way line of State Highway 40, 833.46 feet
to a point;
North 45° 49' 17" West, departing said northerly right-of-way line, 1241.36 feet to an angle point in an
easterly line of a proposed 38.064 acre Conservation Easement and the POINT OF BEGINNING of the
herein described tract;
I) THENCE, SOUTH 37" 3S' 29". West, with an easterly line of said Conscrva~ion
Easement, 50.33 feet to a point for corner;
2) THENCE, NORTH 45° 49' 17" West, departing said easterly line, 212.34 feet tQ a point
for comer;
3) THENCE, SOUTH 37~ 48' 18" We.st, 421.47 feet to a point for comer on lhe easterly .
line of the aforesaid Conver.sacion Easement;
Pagel of 2
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072.56B5
PAGE lo OF_ .... l;:...8..._..PAGES
4)
5)
J:inuary 2 I, 1999
Job No. 4591-0002
THENCE, NORTH 52° 11' 4T Wcst, with an east line of said Conservation Eas::ment,
30.00 feet to an angle point in an easterly line of said Conservation Easement for comer;
THENCE, SOUTH 47° 44' 27" West, with an easterly line of said Conserva ~ion
Easement, I 15.91 feet to a point for comer;
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6) THENCE, NORTH 37 ° 48' l S" East, departing said easterly line , 541.23 fact to a point 0
for comer; 1
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7) THENCE, NORTH 45° 49' l r West, 418.60 feet to a point for comer on a northerly line 2
of the aforesaid Conservation Easement;
8) THENCE, NORTH 40" 26' 58" East, with the northerly line of said Conservation
Easement, 25.05 feet to the beginning of a curve for comer;
9) THENCE. continui:ig with the nor:herly line of said Conservation Easement, 39.28 feet
along the arc of a t.Jrve to the right having a central angle of 90° 00' 00", a radius of
25.00 feet and a chord which bears North g9• 10' 43" East, 35.36 feet to a point for
corner at t.ic end of said curve;
10) THENCE, SOUTH 45 • 49' 17" East, continuing with the northerly line of said
Conservacion Easement, 652..15 feet to the POINT OF BEGINNING and containing
1.290 01cres of land;
UA Engineering & Surveying, Inc.
Page 2 of2
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EXHIBrr F
11 OF. 18
DESCRIPTlON OF
1.886 ACRES
PAGf.S
PROPOSED DRAINAGE EASEMENT
0~ 685
January 27, 1999
Job No . 4591-0002
Being 1.866 acres of land, more or less, Joca[ed in the Robi:rt Stevenson Survey, Abstrac[ No . 54, Brazos
Councy, Texas, and being out of and a par. of that certain 734.96 acre tract conveyed from Robert B. WaJ [man. e1 ux,
to Timothy J. Crowley by Listrumentof record dated January24, 1992 and recorded in Volume 1415, Page 74, Official
Records of Brazos County (B .C.O.R .) and being more pa11icularly described by metes and bounds as follows, all
bearings referenced to the Texas Coordinate System, Central Zone;
COMMENCING for reference at [he most westerly comer of Lot 2, Block 1, South Park Estates Phase One,
a subdivision of record in Volume 795, Page 259, B.C.O .R., same being an interior comer of said 734 .96 acre tract;
South 63 • o:;· 31 " East, alo:ig the southerly line of said Lot 2, 138.90 feel to a point on the proposed
northerly right-of-way line of State Highway 40;
S~uth 46° 53' 34" West, v-'ith said proposed northerly right-of-way line, 833.46 feet to a point;
North 45 ° 49' 17" West, departing said proposed northerly right-of-way line, at 1241 .36 feet pass an
easterly comer of a proposed 38.064 acre Con.servation Easement and continue in all a total distance
of 1483.64 feet to the POlNT OF BEGINNING of lhe herein de.scribed tract;
~ ... ~ ·-
l) THENCE, SOUTH 50° 16' 20" West, departing the easterly line of said proposed
Conservation Easement, 421.35 feet to a point for comer;
2) THENCE, NORTH 39• 43' 40" West, 200.00 feet to a point for comer;
3) THENCE, NORTH 50° 16' 20" East, 400.00 feet to a point for c~mer on an easterly line of
the afore.said proposed Conservation Easement;
4) THENCE, SOUTH 45" 49' 17" East, wi[h an ea.st line of said Conmva[ion Easement,
201.14 feet to the POlNT OF BEGINNING and containing 1.886 acres of land .
UA Engineering & Surveying, Inc .
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EXHIBIT F
PAGE 12 OF. 18 PAGES
DESCRJPTION OF
9.479 ACRES
PROPOSED EASEMENT
January 21, 1999
Job No . 4591-0002
Being 9.479 acres of land, more or less, located in the Robert Stevenson Survey, Abstract No . 54, Brazos
County, Texas, and being out of and a part of a 734.96 acre tract conveyed from Robert B. Wal cm an. et ux, co Timochy
J. Crowley by instrument of record dated January 24, 1992 and recorded undl!r Volume 1415, Page 74, Official Records
of Brazos County (B.C.O.R.) and being more paniculary described by metes and bounds as follows, all bearings
referenced to the Texas Coordinate System, Central Zone;
COMMENCING for reference at the most westerly corner of Lot 2, Block l, Souch Park Estates Phase One ,
a subdivision of record in Volume 795, Page 259, B.C.O.R., same being an interior comer of said 734.96 acre rracr.
South 63 ° 03' 31" East, along the southerly line of said Lot 2, 13 8.90 feet co a point on the proposed
northerly right-of-way line of State Highway 40;
South 46• 53' 34" West ~i~ the proposed northerly right-of-way of said State Highway 40, 858 .84
feet to a point;
South 48° 41' 54" West continuing with the proposed northerly right-of-way line of said State
Highway 40, 974.50 feet to a point;
South 51 • 36' 26" West continuing with the proposed northerly right-of-way line of said State
Highway 40, 240.27 feet to a point;
South 56° 33' oo~ West continuing with the proposed northerly right-of-way line of said State
Highway 40, 237 25 feet to a point;
South 61 ° 44' 46" West continuing with the proposed northerly right-of-way line of said State
Highway 40, 40.36 feet to the POINT OF BEGINNING of the herein described tract, same being a
southeasterly comer of a proposed 38.064 acre Conservation Easement;
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PAGE 13 OF. _ _.1 ..... a_PAGf.S
January 21, 1999
Job No . 4591-0002
THENCE SOUTH 61° 44· 46" West continiuing with the proposed northerly right-of-way line of
State Highway 40 and with the southerly line of said Conservation Easement, 200.55 fw to a point
for com~r;
THENCE .SOUTH S2 ° 35' 16" West continiuing with the proposed northerly right-of-way line of
State Highway40 and with the southerly line of said Conservation Easement, 103.93 f~ec to a point
for corner;
THENCE SOUTH 70" 12' 34" West continiuing with the proposed northerly right-of-way line of
State Highway 40 and with the southerly line of said Conservation Easement, 256.64 feet to a point
for comer;
4) THENCE SOUTH 56° 47' 54" West continiuing with the proposed northerly right-of-way line of
State Highway 40 and with the southerly line of said Conservation Easement, 125 .57 feet to a point
for comer;
5) THENCE SOUTH 77• 03\ 53" West continiuing with the proposed northerly right-of-way line of
State Highway 40 and with the southerly line of said Conservation Easement, 27.19 feet to a point
for comer,
6) THENCE NORTH tr 01' 13· WC!.t, departing said proposed north right-of-way line and with the
westerly line of said proposed Conservation Easement, 66.47 feet to a point for comer;
7) THENCE NORTH 28 • 20' SS'' East, continuing with the westerly line of said proposed Conservation
Easement, 63.04 feet to a point for comer;
• ..
8) THENCE NORTH 59• 4S' 32" East, continuing with the westerly line of said proposed Conservation
Easement, 199.70 feet to a point for comer,
9) THENCE NORTH 23 • 58' 30" West, continuing with the westerly line of said proposed Conservation
Easement, 265.08 feet to a point for corner;
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PAGE 14 OF: __ 1_s_PAGES
January 21, 1999
Job No. 4591-0002
THENCE NORTH 03 • 01" OT' West, continuing with the westerly line of said proposed Conservation
Easement, 236.96 feet to a point for comer;
I l) THENCE NORTH 08" 07' 16" West, continuing with the wesrerly line of said proposed Conmvation
Easei:nent, 314.94 feet to a point for comer,
12) THENCE NORTH 06" 38' 54" We.st, continuing with the westerly line of said proposed Conservation
Easement, 140.94 feet to a point for comer,
13) THENCE NORTH 10• 32' 45·• West, continuing with the westerly line of said proposed Conservation
Easement, 630.06 feet to a point for comer;
14) THENCE SOUTH 80° 40' 35'' West, continuing with the westerly line of said proposed Conservation
Easement, 256.24 feet to a point for comer;
15) THENCE NORTH 30° 23' 07" West, continuing with the westerly line of said proposed Conservation
Easement, 347.94 feet to a'point for corner;
16) THENCE, NORTH 45• 48' 13" East, continuing with the northerly line of nid proposed
Conservation Easement, 472.82 feet to a point for comer;
17) THENCE, SOUTH 61•15· OSN East, continuing with the northerly line of said Conservati.on
Easement, 353.16 feet to a point for comer:
18)
19)
THENCE, SOUTH 73° 20' 42" East, continuing with the nonherly line o( said Conservation
Easement, 60.31 feet to a point for comer;
THENCE, NORTH 43" 29' 17" East, continuing with the northerly line of said Conservation
Easement. 419.89 feet co a point for comer;
20) THENCE, NORTH 76• 14' 38" East, continuing with the northerly line of said Conservation
Easement, 208.00 feet to a point for comer;
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9.479 acres January 21. 1999
Job No . 4591-0002
21) THENCE, NORTH 21° 42' 54" Ease, continuing with the northerly line of said Conservacion
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Easement, 156.94 feet to a poinc for comer; 0
0
22) THENCE, NORTH 30° 24' 20" East, concinuing with the northerly line of said Conservation 1
Easement, 226 .62 feet to a poinc for comer; 4
23) THENCE, NORTH 40" 26' 58" Easr, continuing wich the northerly line of said Conservacion
Easement, 119 .3 8 feet to the beginning of a curve for comer;
24) THENCE, continuing with the northerly line of said Conservation Easement, 39.28 feet along the arc
of a curve to the right having a central angleof90° 00' 00", a radius of25.00 feet and a chord which
bears North 89" l O' 43" East. 35.36 feec co a point at the end of said curve for comer.
25) THENCE, SOUTH 45° 49' 17" East, with the eascerly lines of said Conservation Easemenc, 652.15
feec co a point for comer;
\
26) THENCE, SOUTH 37• 38' 29" Wesr, concinuing with the easterly line of said Conservation
Easemenr, 448 .23 feet to a point for comer;
27) THENCE, NORTH 52" 11' 42" West, continuing with the easterly line of said Conservacion
Easement, 242.17 feet to a point for comer;
28) THENCE. SOUTH 47° 44' 27" West, continuing with the easterly line of said Conservation
Easement, 184.83 feet to a point for comer,
29}. . THENCE, South 04 • 05' 26" Wcsc, continuing wich the easterly line of said Conservation Easement,
170.13 feet to a point for comer,
30) THENCE, SOUTH 62° 14' 17" East, continuing with the easterly line of said Conservation Easement,
73 .68 feet to a point for comer;
31) THENCE, SOUTH 17° 39' 1 O" East, continuing with the easterly line of said Conservation Easement.
· 309.86 feet to a point for comer; _,.
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EXHIBIT_ ... F--
9.479 acres P.~GE 16 OF. 18 0JarS~§~5 PAGES
Job No. 4591-0002
32) THENCE, SOUTH 11 • 26' 20" West, continuing with the easterly line of said Conservation
Easement , 82.48 feet to a point for comer.
33)
34)
35)
THENCE, SOUTH 0 I 0 42 ' 04" West, continuing with the easterly line of said Conservat ion
Easement. 332.24 feet to a point for comer;
THENCE, SOUTH 06• l 7' 07" West, continuing with the easterly line of said Conservation
Easement, 333.74 feet to a point for comer;
THENCE, SOUTH 43 • 16' 43" East, continuing with the easterly line of said Conservation Easement,
343.42 feet to a point for comer;
36) THENCE, NORTH so• 45' 59" West, departing said easterly lines, 82.16 feet to a point for comer;
37) THENCE, NORTH 43• 16' 43" West, 301.31 feet to a point for comer;
38) THENCE, NORTH 06° 17' 07" East, 354.82 feet to a point for comer;
39) THENCE, NORTH 01° 42' 04" East, 334.50 feet to a point for comer;
40) THENCE, NORTH 11 • 26' 20" .East, 73.76 feet to a point for corner;
41) THENCE, NORTH 17° 39' l 0" West, 276.39 feet to a point for comer;
42) THENCE, NORTH 62 • 14' 17" West, 85.85 feet to a point for comer:
43) THENCE, NORTH 04 ° OS' 26" East, 222.83 feet to a point for comer;
44) THENCE, NORTH 47° 44' 27" East, 246.86 feet to a point for comer,
45) THENCE, SOUTH 52 • 11' 42" East, 234.02 feet to a point for comer,
46) THENCE, NORTH 37• 38' 29" East, 353.~9 ~~t to a point for comer:
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PAGE 17 OF: 18 PAGES
THENCE, NORTH 45• 49' 17'' \Vest, S!0 .82 feet to a point for com~r;
THENCE, SOUTH 40° 26' 58" West, 86.68 feet to a point for corner;
THENCE, SOUTH 30° 24' 20 " West, 218.43 feet to a point for com~r;
THENCE, SOUTH 21 • 42' 54" West, 178.90 feet to a point for comer;
THENCE, SOUTH 76° 14' 3SW West, 219.07 feet to a point for comer.
THENCE. SOUTH 43° 29' 17" West, 435.93 feet to a point for comer:
THENCE, NORTH 73 • 20' 42" West, 96.35 feet to a point for comer;
THENCE. NORTH 6 l 0 15' 05" West, 321.50 feet to a point for comer;
THENCE, SOUTH 45° 48' 13" West, 396.67 feet to a point for comer;
THENCE, SOUTH 30° 23' 07" East, 274.42 feet to a point for comer;
THENCE, NORTH 80° 40' 35" East, 234,74 feet to a point for comer;
THENCE, SOUTH 70° 32' 45" East, 674.06 feet to a point for comer;
THENCE, SOUTH 06°38' 54" East, 171.48 feet to a point for comer;
THEN~E, SOUTii 08 • 07' J 6" East, 316.4 8 feet to a point for corner;
THENCE, SOUTH 03 • 07' 07" East, 229 .95 feet to a point for corner;
THENCE, SOUTH 23° 58' 30" Ea!t, 300.69 feet to a point for corner;
THENCE, SOUTH 59° 45' 32" West, 150.12 f~~t to a point for comer;
Page 6 of7
January 21, 1999
Job No. 4591-0002
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PAGE 18 OE 18 PAGES
THENCE, NORTH 70° 12' 34 " Ease, 253.39 foet to a point for comec;;
THENCE, NORTH 8l6 35' 16" Ease, 100.16 feet to a point for corner;
THENCE, NORTH 61 ° 44' 46" East, 126 .16 feet to a point for comer;
January 21. 1999
Job No . 4591-0002
THENCE, SOUTH 80° 45' 59 '' East, &2.16 feet to the POINT OF BEGINNrNG and containing9.479
acres of land .
07256B5
-·.
Page 7of7
LJA Engineering & Surveying, fnc . 0
Filed for Record in:
BRRlOS ClJMTY,
On: Sep 11,28 at 83:86P#
Rs a
Recordings
Docu.1nt Nublrt
R1ount
17585
98.89
Receipt Nuiber -158635
By,
Barbara Johnson
STATE IF 1Bt6 IDIJY IF
. I hertbf certify that this itstruat 11a5
filed DD thf datr and tiff stal!led hH'Hft 1Jr If
Dlf t~ dal Y recarded in th• valm aJJ1 Jla!f a rrr Dalfd records of:
BllZ(!i llllfJY I
as stalpfd hertoa by 1r.
Sep 11,2000
~Ill#-, OlMTY Ila!
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