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AMENDMENT TO DECLARATION OF +c~ FCu 9'S8
COVENANTS, CONDITIONS AND RESTRICTI&3
• STATE OF TEXAS , ^ cr:,`t•
COUNTY OF BRAZOS 401978 K.~
Recitals
WHEREAS, GATEWAY JOINT VENTURE, hereinafter called the
"Declarant", is the owner of all of those two (2) tracts or
parcels of real property located in, the City of College
Station, Brazos County, Texas, and more particularly described
on Exhibit "A" attached hereto'and made a part hereof for all
purposes and hereinafter, referred to as "said property", both
tracts of which are covered by the Declarations of Covenants.
Conditions and Restrictions recorded in Volume 791, -page 511,
official Records, Brazos County, Texas pertaining to said
property and adjacent property) and
WHEREAS, the Declarant is desirous of rezoning said prop-
erty described in Exhibit:, "A" under the Zoning Ordinance of
College Station to a "C-3" Zoning District as defined in the
present amended ordinances of the City of College' Station,
Brazos County, Texas, (certain pertinent sections of the ordi-
nance, but not all, are contained in Exhibit "B" attached
hereto and made a part hereof)r and
WHEREAS, certain owners of lots adjacent to the properties
described on Exhibit "A" being the•"Homeowners of the Bernadine
Estates, Mile jDrive, College Station, Texas" (herein referred
to as "Homeowners") who own those-certain lots in the Bernadine
Estates First Installment Subdivision,. an addition to the city
of College Station, Brazos County, Texas, and more. particularly
described on Exhibit "D" attached hereto and made a .part
hereof, have objected' to the rezoning of said properties on
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x t A because of certain permitted uses under a C-3
Planned Commercial, Zone District, but, are willing to withdraw
their objections and accept such rezoning, of -the properties on
Exhibit "A" provided the Declarant would self-impose certain
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covenants, conditions and restrictions as to permittedI uses of
said properties within a C-3 Planned Commercial Zone District;
and;
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WHEREAS, Declarant is desirous of accomodating the wishes
of the Homeowners and to hold, use and convey the properties
described on Exhibit "A", subject to certain protective coven-
ants, conditions, and restrictions, as hereinafter set fortht
and;
WHEREAS, this Amendment of Declaration of Covenants.
Conditions, and Restrictions is made to revise the Declaration
of Covenants, Conditions, and Restrictions with respect to the
two (2) tracts described in Exhibit "A", but shall not affect
in any way the previous covenants, conditions, and restrictions
affecting Tract 1, described in that certain Declaration of
Covenants, Conditions, and Restrictions recorded in Volume 791,
page 511, Official Records, Brazos County, Texas;
WHEREAS, the Declarant hereby warrants that the partners
of Gateway Joint Venture are G. Philip Morley, William E.
Loveless, C. Hays Glover, Jr., C. Hays Glover, III, Fred Bro_h%,
W.C. Lipsey, Ray Frisbie, and Michael K.' Reece, and that they
are the owners of the two (2) tracts of land described in
Exhibit;"A" and empowered to enter into and bind Gateway Joint
Venture and its successors and assigns to the covenants,
conditions and restrictions herein enumerated, and that William
E. Loveless is the managing partner empowered to execute this
instrument.
NOW THEREFORE, it 'is hereby declared that all of the
property described in Exhibit "A" shall be. held, sold and
conveyed subject to the following restrictions, covenants. and
conditions, which are for the purpose of protecting the value
and desirability of -those properties described on Exhibit '"D"
owned by the Homeowners of the Bernadine Estates, Mile Drive,
College Station, Texas, and which shall run with the said real
property and shall be binding upon all parties having any
right, title, or interest in or to the property described on
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Exhibit "A" or any part thereof, and their heirs, successors
and assigns and which restrictions, covenants and conditions
shall inure to the benefit of each of the owners of the lots
described on Exhibit "D". Provided, however, any provision,
term or condition contained in this instrument to the contrary
notwithstanding, it is hereby stipulated by the Declarant that
these declarations„ of covenants, conditions and restrictions
shall become in effect and enforced only in the event said
property is officially zoned by the appropriate governmental
agency of College Station, Brazos County, Texas, as a C-3 zoned
district and replatted•to the specifications herein contained
and attached hereto as Exhibit "E", under ordinances of the
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city 'of College Station, Brazos County, Texas in effect as of
the date. of this instrument. Once the relevant. zoning ordi-
nances have been passed and the property •replatted by the
appropriate authority, any subsequent changes in the zoning
ordinances on the said property shall not affect the validity
of this instrument.
I.
Green Space and Access Easement
1.01. There shall now and hereafter always be 'and' remain
a strip of said property thirty feet (30') in width which shall
be reserved as green space on which no concrete, paving,
structures or other man-made objects or structures, whether
similar or dissimilar to' those described, shall be. erected,
placed, installed, or maintained, but said. green space shall
exist in its natdral or improved state as an area reserved for
vegetation, shrubbery, grass, and trees. It shall be the right
and privilege, but not the duty, of the. Homeowners and
Declarant, or its successors and assigns, to plant, grow,
fertilize, and water the green space but it shall not be done
in such a way as to be detrimental to the vegetation,
shrubbery, grass or trees located thereon. Homeowners and '
Declarant each hold the other harmless from any claim or
allegation of liability for personal injury related to or
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arising from any such activity of tending to the green Ipace..
No tree with an outside diameter of two inches (2") or more
shall be removed by Declarant or its successors or assigns from
the green space unless Declarant, or its successors and
assigns, replaces any tree removed by a tree of 'like caliper.
The green space area is that certain area shown on the plat of
said property which is attached hereto as Exhibit "E"• and made
a part hereof for purposes of reference. The designation and
declaration of the green space shall be and remain a covenant
running with the land and shall be binding upon the Declarant
and its successors and assigns and inure to the benefit of the
Homeowners.
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1.02. There shall always be located immediately southeast.
of and adjacent to the green space as described in Section 1.01.
above and shown in Exhibit "E", an area reserved.for an access
easement, or parking lot thirty feet (3(Y') in width. Any
platting or replatting of the property described in Exhibit "A"
shall always provide for such access easement or parking lot
with a minimum width of thirty feet (30'). This covenant shall
also run with the land.
II.
Use Restrictions
2.01. Said property as described on Exhibit "A" may be
used for all purposes and usages authorized and permitted under
the ordinances of the City of College Station, Brazos County,
Texas in effect as of tthe date of this instrumen.t in (i) A-P
Administrative-Professional zoned districts.(pertinent sections
of the ordinance, but not all, being attached hereto and marked
Exhibit "C") and (ii) C-3 Planned Commercial Zoned Districts,
save and 'except the uses set forth below, which shall not be .
permitted on said property: I
(a) cold storage plant;
b) commercial garagest
(c) commercial parking building or lot' for parking
vehicles.for a fee or rental, provided however, this
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shall not prohibit or exclude the use of Ithe property
for the parking of motor vehicles which is incidental
or related to other uses allowed on the property
hereunder; and
(d) all. other permitted' uses allowed in a C-3 zoned
.district. that would cater primarily to bervicing
large transport. carriers having a gross licensed
weight exceeding 25,000 pounds.,
Except as provided above, all other permitted.uses or con-
ditional uses that are authorized in a C-3 Planned Commercial
Zoned District, or an A-P Administrative-Profe^9ional Zoned
District under the ordinances of the City of College Station,
Texas, presently in effect as of the date of this •instrument,
shall be permitted as to said property, but no other uses.
2.02. In addition to the uses set forth above, 'there
shall be permitted on said property funeral homes or mortuaries
(which shall not include crematoriums) on the property, subject
to approval by the City of College Station by issuance of a
conditional use permit for that express purpose.
III.
Activities Prohibited
3.01. No noxious or offensive activity shall be carried
on upon any of the properties described on Exhibit "A", nor
shall anything be done thereon which may be or may become an
annoyance or nuisance to the pronerti a des -rihpd nn FYl,ihit
"D". Provided, however, any provision contained in this para-
graph to the contrary notwithstanding, any such activity
carried on upon any of the said properties which is incidental
to the uses permitted as to said properties under these
restrictions or in the construction An~((``.''iovPlopment of improve-
ments relative to such permitted uses,~shall not be considered,
construed, or judicially determined to be noxious, offensive or
an annoyance so long as such activity is an activity that may
be customarily or normally carried on in an operation and/or
business which is authorized as a -permitted use on said
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properties under Articles 2.01 and 2.02 of this instrument or
is related to the construction and development of improvements
relative to such operation or business. Any noxious or offen-
sive activities or anything that may be or may become an annoy-
ance or nuisance to the said Homeowners or their successors in
interest shall be subject to the same remedies available to the
Homeowners as would be at' their disposal for a violation ofi a
restrictive, covenant under the laws of Texas or as otherwise
provided in this instrument.
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IV.
Easements and Rights of Way
4.01. Nothing contained in this instrument shall pro-
hibit, restrict, or prevent the use. of portions of the property
described on Exhibit "A" which Declarant, Declarant's execu-'
tore, successors and assigns may grant and/or 'convey as ease-
ments and/or right of ways for utilities, drainage, access or
for any other purpose which may be required by the City of
College Station, Texas, or any other governmental authority,
for the intended uses for which the said easements and/or
rights of way were granted, except that no easement shall here-
after be granted or conveyed over, across; through, or under
the green space described in Article 1.01 hereof.
V.
Definitions
5.01. Terms used in this instrument relative to these
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restrictive covenants are defined and shall have the same mean-
a
ing as such terms are defined in the Zoning ordinances of the
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city of College Station and its amendments in effect as of the
date of this instrument except where contrary definitions may
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appear in this instrument.
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Vi.
General Provisions
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6.01. The Declarant or any Homeowner.described on Exhibit .
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"D" shall have the right to enforce, by any proceeding at law
or in equity, all restrictions, conditions, and reservations ;
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imposed by the provisions of this declaration. Should the
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Declarant or any Homeowner prevail in any such actlion at law or
in equity, attorney's fees shall be included as part of the
recovery in law or in equity.
.6.02. The covenants, conditions and restrictions of this
declaration shall run with and bind the land, and shall inure
to the benefit. of and be enforceable by the Declarant. or any
Homeowner of any lot or lots described in Exhibit "D" attached
hereto and made a part hereof and their respective legal repre-
sentatives, heirs, successors and assigns, and; unless amended
or revoked as provided herein, shall be effective for a term of
thirty (30) years from the date this declaration is recorded,
when they shall become null and void unless extended within the
last year of the thirty (30),year term for an'additional period
of twenty (20) years by a written instrument in recordable form
executed by the then owners of not less than fifty-one percent
(511) of- all of the lots (each lot holding the power of one
vote) described on Exhibit "D" and recorded. in the Official
Records of the County Clerk's office of Brazos County, Texas.
Covenants, conditions, and restrictions of this declaration may
be revoked during the first thirty (30) year period or any
extension by an instrument signed in recordable form by the
then owners of not less than fifty-one percent (51%) of the
lots (each lot holding the power of one vote) described on
Exhibit "D" and recorded in the official Records of the County
Clerk's office of Brazos County, Texas. Provided further,
these covenants,1conditions, and restrictions may be amended at
any time by an instrument signed in recordable form both by the
then owners of not leas than fifty-one percent (511) of the
lots (each lot holding the power of one vote) described on
Exhibit "D" and also by no less than all of the then owners of
all the properties described on Exhibit "A". Provided further,
these restrictions even though recorded, shall not be enforce-
able or effective until the appropriate governing bodies
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the City of College Station, Texas, have acceptyd and
officially approved the zoning of said property described on
rxhibit "A" as a C-3 zoned District under the present ordi-
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i; nances of the City of College Station, Texas in effect as of
f. the date of this instrument and properly replatted the property
j according to the plat attached hereto as Exhibit "E".
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6.03. At such time or times as the Declarant, its succes-
sors or assigns begin the construction of a development of any
part or portion of said property described on Exhibit "A" or at
any time there should be a change in use of said property after
the initial development of the same, Declarant, its legal
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j representatives, successors or assigns hereby agree within
fifteen (15) days, or within a reasonable time thereafter, from
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date of actual receipt of a written request from Homeowners, to
CI S declare to them through their duly authorized representative,
/(o Gail Griffin, or her designated successor in interest, the
r r ly intended use or uses of the property. Provided,. however, any
ogir provision contained herein to the contrary notwithstanding,
failure of the Declarant, its legal representaties, successors
i and assigns to comply with said request shall in no manner be
t construed as the Declarants, its successors or assigns viola-
tion of any of the provisions contained in this 'instrument
i relative to the restrictive uses of said property or any part
thereof, nor shall this provision be construed as requiring the Li
Declarant, Its legal representatives, successors and assigns to
obtain the approval'of the Homeowners for such declared uses or
of any of the plans and specifications of the development, it j.
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being strictly understood that the purpose of this article is
to resolve, if possible, any conflicts,of interpretations as to ,
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r the intended uses of the restrictive uses herein specified in I
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' advance of large expenditures of funds for the development by j
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the Declarant, its legal representatives, successors or
assigns. The Declarant, its legal representativea, successors
and assigns, at'its option (but having no obligation to do so) I
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esa,
Managing Partner
APPROVED AND ACCEPTED:
HOMEOWNERS s
BY: .401
Gall r n
duly authorized representative
of the Homeowners,
whose address is
108 Mile Drive
College Station, Texas-77840
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may, without having been requested to do so) as above provided
by the Homeowners, submit to the Homeowners, or their repre-
sentative, a declaration of intended uses, In such event, the
Declarant,. its legal representatives, successors and assigns
shall be deemed to have complied with the requirements of this
article. Provided, however,. should Declarant, its successors
or assigns fail to provide such 'declaration of intended uses
upon written. request of. the Homeowners as provided above.
without good cause, then such failure shall cause Declarant to
forfeit and'waive its defense of estoppel, if any, in any
action at law or in equity which the Homeowners may institute '
against it for a violation of the permitted use restrictions
herein contained pertaining to the said property described on
Exhibit "A".
The Declarant is acted for herein by William E. Loveless,
a managing partner who acknowledges, recognizes and declares
that 'the- covenants, conditions and restrictions as herein
stipulated are fair. and reasonable.
Tenneco Oil Company, the owner of an adjacent tract
covered by the original Declarations of Covenants, Conditions,
and Restrictions recorded in Volume 791, page 511 joins in
approving these amendments as evidenced by the signature of its
duly authorized represenative, below.
EXECUTED this the 1q, day of &~i &v- 1987.
GATEWAY JOINT VENTUR Declarant
W am E . Love
STATE OF TEXAS
1 COUNTY OF BRAZOS .
.This instrument was
acknowledged before m
e on the
day of
. 1987, by William-E.
Loveless,
Managing Partner
on behalf
of Gateway Joint'
Venture,
Deogzanivo
t
Mx cp~mieb}on
eXpiresi
-Notary Publ c, State o
Texas
i )
4 1*
Not ry's printed name
~
1E
S GII, ,
STATE OF TEXAS-
rd
COUNTY OF BRAZOS
This instrument was acknowledged before me on the i
`day of 1( CL.+ '198x; by -Gail Griffin, duly
authorized representative of t meown~Jers.
My commission expires: Notary Public, Statq.o 'Texas
Nq Ur a printed game h rr
(b~ ~
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APPRORED~'AND ACCEPTEDs
_ TENNECO OIL ANY
BY: C
K
tc7i
S. C. John n oA-.
ATT~ESpT s ~ • ~.y ~1;~
.y yI~
V~V
A. B. Smith, Jr. •
STATE OF TEXAS
COUNTY OF BRAZOS'
This instrument was acknowledged before me on the
13tk, day of , 1988, by 9. Q. .fol.ns on +
Y.ce. Pre_ s j c1p n.{- of TENNECO OIL COMPANY, a Texas corpora-
tion, on behalf of said corporation.
My commission expiress Notary Publ ,.State T xb as
Notary's printed name:'
rn_ ~4.Sr '
> CAROLYN ROYAL i
9Mery P000
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EXHIBIT "N'
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Pape 2 of 2 Pages
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EXUBIT "A"
THENCE .N 48°21'34" W continuing along 'the easterly right of way
line of Texas. Avenue for •a distance of 135.02' to an Iron rod
which also marks the southwesternmost corner of Bernadine Estates
Subdivision platted and recorded In Volume 268, Page 74, Deed y
Records, Brazos County, Texasl
THENCE N 42040'24•' E along the southerly boundary of Bernadine
Estates for a distance of 782.50' to an Iron rod;
THENCE S.4701913611 E for a distance of 309.31' to an. Iron rod
on the easterly right of way line of Slate Highway 6 (East Bypass);
THENCE S 10052'11" W..along the easterly right of way line of sold
East Bypass. for a dislanck of 140.98' to an Iron rod;
THENCE S 4101'711 W contlnuing ' along the norther ty_r1g 1 of way
i
line of salif East. Bypass, for a distance o 156.i5l,o an Iron
rod;
THENCE •N 47019'36" W for a distance of,_•25_ ].11' 11 an Iron rod;
THENCE S 42*40124i1 W fort a distance` of 504.17'4 to an Iron rod '
which Is th' POINT ' OFI BEGINNING containing 3.90186 acres '
(169,966 s.f.).approximately.. .
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E)4lIAIT t$n _
r0 DISTRICT C-3 PLANNED COMMERCIAL I
' PURPOSES Thin district is designed to provide locations for commercial altos
that are tae smell for many permittad caee in the•CenJral Commercial District.
A•
Thou should be relatively low traffic Oaneratara that would have little Import
on adjacent areas and on adjacent thoroughfares.
0. PERMITTED USES:
-Alt in A-P plus the followings
Alcoholic beverage set** - retail and wholesale restricted to off-promises
consumption only.
Car wash.
Cleaner/laundry.
Cold storage.
Garage, com•msrciel.
Mini-storage warehouses.
Nursery/ptent sales.'
Radio and TV stations (no toward.
Rental - vehicles and equipment.
Repair shops.
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Rtpsll eelme end service.
Shopping center.
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Other uses ■oy be permitted by the Commi U9on..
C. SITE PLAN/LANDSCAPE REVIEW REQUIRED& Rehr to Sections 10 and 11.'
D. CONDITIONAL USES PERMITTEDt Refer to $nation 8.12.
E. AREA REQUIREMENTS% Rarer to Tebla A at tha and of this section. Maximum lot
also 3 sores.
F. PARKING REDUIREMENTGo Refer to Saotion 9. '
0. SIGN PEOULATIONSi Refer to Section 12.
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Zoning Ordinance
pope 7-17
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A E@iIBTT "C'
,.12 DISTRICT A-P ADNIHISTRATIVE-PROFESSIONAL
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A. PURPDTiEt This district would accommodate selected commercial. 1uetnaa na ■hloh
provide s service rather than *Ott products, either retell or wholesale. The
us.e at loved have rslatlvely low trartio generation and rsgvira limited _ i
location Idantlrigatlon.
6. PERMITTED UBE61 ,
Administrative orrloes., j
Art studio or gallery.
Business, music, done, or commercial sehsole.
.Financial Institutione.
Doctor or dentist orrices.
Government orrlhas.
Orrlcesr Prorssslonsh or service.
Photogropher'a studio.
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Radio, TY station Inc tower*). 'I
Public parking lot Tor operating vehicles.
Real estate orrice. I
Travel agency or tourist bureau.
Other personal service 0,11ops.
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I a 10 and 11.
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C. SITE PLAH/LANDSCAPE nEt'lEH REQUIRED' Rarer to use. on L
D. CONDITIONAL USES PEnHITTEO, Rarer to 6sotlon 6.12. I
E. AOEA nEQU1111EHEN768 Rorer to Tibia A at the and or thl■ section.
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F. PARKING REOUInENENTB, nerst to Section 6,
G. SIGN REGULATIONS, Rarer to Section 12.
1• •
Zoning ordinance
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EXHIBIT "D"
being all of Lots One (1) thru Tan 1101., Block One I11 and Lots
Ono (1) thru Ten (101, Block Two (2),' Bernadine Estates, First
Installment, as addition to the City of College Station, Texas,
according to that certain Plat or May recorded in Volume 260 at Page
74 of Lite Deed Records of Brazos County, Texaa.
HOMEOWNERS
Wade and Gail. Griffin 108 Mile Drive
College Station, TX 77840
f
2. Omer and Dottie Everett, Jr. 106 Mile Drive
? College Station, TX 77840
3. Brenda and J. P. Watson 107 Mile Drive
t College Station, TX 77840
I 1. Robert H. and Pam Williams 104 tills Drive
College Station, TX 77840
l 5. Duane and Charlotte Dick 112 Mile Drive
n~ College Station, TX 77040
6. James and Gloria Killough 114' Mile Drive
(s
College Station, TX 77840
C~7 Darrel and Marilyn Davis 115 tills Drive
i College Station, TX 77840
0. Jim and Gloria Norman 117 Mile Drive
College Station, TX 77040
9. Tan and Shirley Faaykovich 116 Mile Drive
College Station, TX 77840
A0. Cindl and Charles Cemino, Jr. 120 Mile Drive
t College Station, TX 77840
!11. Jan*s and Fay Norris 693^ 647 102 Mile Drive
College Station, TX 77640 j
12. Mary Adele Lewis 109 tills Drive
Collage Statiun, TX 77840
a2 1J Al and Lorene Bormann, Jr. 113 Mlle'Drive
College Station, TX .77040
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S 47'19'J6' E = 309.31' .
1 01 4pok 2 P`U.EI 135.00-
I L174.31'
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VOL 1026 rn! 214 J%
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