HomeMy WebLinkAbout12-18-2003-10.05 - Resolution - 12/18/2003 440 RESOLUTION NO. 12 -18- 2003 -10.05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, DECLARING THE NECESSITY FOR ACQUIRING BY CONDEMNATION
AN EXCLUSIVE PUBLIC UTILITY EASEMENT IN CERTAIN DESCRIBED
PROPERTY AND A TEMPORARY CONSTRUCTION EASEMENT IN CERTAIN
DESCRIBED PROPERTY TO INSTALL AND MAINTAIN THE WATER LINES
AND ASSOCIATED FACILITIES FOR THE TRANSPORT AND TRANSMISSION
OF WATER, AND ORDERING THE CONDEMNATION OF SAID PROPERTY TO
PROCEED.
WHEREAS, the Cit y Council of the City of College Station has heretofore determined to
acquire the exclusive public utility easements and related temporary construction
easements necessary for the installation, maintenance, repair, reconstruction,
modification, removal, inspection of the Water Project; and
WHEREAS, an independent professional appraisal report of the subject properties has
been submitted to the City, and the City Manager has accordingly established and
approved a certain amount determined to be just compensation for each property,
pursuant to the authority granted him by Resolution of the City Council on July 22, 2002,
said Resolution being amended on April 10, 2003; and
WHEREAS, an official written offer based upon an amount determined to be the just
compensation has been transmitted to the owners of the real properties described herein
for the exclusive p ublic utility easements in the property fully described by Exhibits A, B,
C and D, and the temporary construction easements in the property fully described by
Exhibits A -TE, B -TE, C -TE and D -TE, said exhibits are attached hereto and incorporated
herewith, and further negotiations for settlement have been futile and impossible because
the p arties were unable to agree on the amount of just compensation or the property
owner refused to negotiate; and
WHEREAS, the Cit y of College Station has complied with all prerequisites of the laws of
the State of Texas to acquire the exclusive public utility easement in the real property
described b y Exhibits A, B, C and D, and the temporary construction easement interest in
the ro ert fully described by Exhibits A -TE, B -TE, C -TE, and D -TE, now, therefore,
p p y
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That the official offer by the City of College Station for the exclusive
public utility easement interest and the temporary construction easement
interest in the real property described by the attached exhibits in the
amounts stated below is hereby confirmed.
The official offer for the property described by Exhibit A (Exclusive
►'` Public Utility Easement) and Exhibit A -TE (Temporary Construction
Easement) was Sixteen Thousand Nine Hundred Fifteen Dollars ($
16,915.00).
The official offer for the property described by Exhibit B (Exclusive
Public Utility Easement) and Exhibit B -TE (Temporary Construction
Easement) was Six Thousand Two Hundred Twenty Eight Dollars
($6,228.00).
The official offer for the property described by Exhibit C (Exclusive
Public Utility Easement) and Exhibit C -TE (Temporary Construction
Easement) was Two Thousand Two Hundred Seventy Dollars ($2,270.00).
The official offer for the property described by Exhibit D (Exclusive
Public Utility Easement) and Exhibit D -TE (Temporary Construction
Easement) was Two Thousand Two Hundred Three Dollars ($2,203.00).
PART 2: That it is hereby determined that the City of College Station has in fact
transmitted a bona fide offer to the property owners, in accord with the
laws of the State of Texas, for the real property described in the attached
Exhibits. Further negotiations for settlement have been futile and
impossible because the parties were unable to agree upon just
kibe compensation or the property owner has refused to negotiate.
PART 3: That public necessity requires the acquisition of the exclusive public
utility easements in the properties described in the attached Exhibits A, B,
C and D, and the temporary construction easements in the properties
described by Exhibits A -TE, B -TE, C -TE, and D -TE, for the installation
and maintenance of the Water Project, and that public necessity and
convenience require the condemnation of the properties in order to acquire
them for such purpose.
PART 4: That the City Attorney is hereby authorized and directed to institute
proceedings in eminent domain against the property owners listed below
and against all other owners, lienholders, and other holders of an interest
in the properties, in order to acquire an exclusive public utility easement
in the properties described in the attached Exhibits A, B, C and D; and a
temporary construction easement in the properties described in the
attached Exhibits A -TE, B -TE, C -TE and D -TE; said properties lying and
being situated in Brazos County, Texas.
The owner of the property described by Exhibits A and A -TE is William
A. Stasny, Jr.,
Nor
The owner of the property described by Exhibits B and B -TE is William
‘re K. Akins.
The owner of the property described by Exhibits C and C -TE is Ruby
Cunningham
The owners of the property described by Exhibits D and D -TE are Rafeek
N. Shanaa and Elizabeth A. Shanaa.
PART 5: That the City Attorney is hereby authorized to deposit the Award of the
Commissioners from each aforesaid proceeding into the registry of the
Brazos County Court.
PART 6: That this resolution shall take effect immediately from and after its
passage.
PASSED and APPROVED this 18th day of December , 2003.
ATTEST: APPROVED
‘/P (
CON NIE -IOOKS, City Secretary RON I, Mayor
APPROVED :
City Attorney
Exhibit "A"
.••
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690 -3378
Proposed Easement
W.A. Stasny Tract
Stephen F. Austin League No. 9
And Zeno Phillips League
Bryan, Brazos County, Texas
11 November 2002
All that certain tract or parcel of land lying and being situated in the Stephen F. Austin
League No. 9, Abstract No. 6 2, and the Z eno P hillips L eague, Abstract No. 4 5 i n B cyan,
Brazos County, Texas, being a part of that 103.54 acre tract conveyed to W.A. Stasny by
deed recorded in Volume 90, Page 511 of the Deed Records of Brazos County, Texas, and a
part of that 150 acre tract conveyed to W.A. Stasny by deed recorded in Volume 90, Page 35
of the Deed Records of Brazos County, Texas, being an easement thirty feet (30') in width
lying along and adjoining the southwest right -of -way line of Harvey Mitchell Parkway (F.M.
2818), and being more particularly described as follows:
Beginning at a %" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set
4//tr at the common comer of the said Stasny 103.54 acre tract and the said Mustang Cat Rental
Store, Ltd. tract described by deed recorded in Volume 3837, Page 214 of the Official Public
Records of Brazos County, Texas, in the southwest right-of-way line of Harvey Mitchell
Parkway (F.M. 2818) from which a chain link fence comer post was found S 43° W - 2.3
feet, a %2" iron rod in concrete was found S 42° 34' 26" W – 831.1 feet at the most southerly
corner of Lot 6A Block 5 of the Brazos County Industrial Park according to plat of record in
Volume 1080, Page 803 of the Official Records of Brazos County, Texas, and the City of
Bryan control monument GPS -56 was found N 56° 15' 37" E -- 161.47 feet;
49° 5 5' 41 " E – 3 896.49 feet along the southwest right-of-way
Thence S g line of F.M. 2818 to
a %" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set at an angle
point in said right -of -way;
Thence S 3° 56' 01" E – 41.71 feet continuing along said right-of-way to the most southerly
corner of this tract , the northwest right -of -way line of Leonard Road (FM 1688) bears $ 3°
56'01" E – 41.66 feet from which a concrete right -of -way monument on the northwest right -
of-way line of F.M. 1688 was found S 42° 03' 40" W 1057.8 feet and another was found N
41° 19' E –199.6 feet;
Thence N 49° 55' 41" W --- 3926.78 feet through the said W.A. Stasny 150 acre tract and
continuing through the said W.A. Stasny 103.54 acre tract to the northwest line of same and
the southeast line of the said Mustang Cat Rental Store, Ltd tract;
Stasny Easement Page 1 of 2
Exhibit "A"
Thence N 42° 34' 26" E -- 30.03 feet along the line between the said Mustang Cat Rental
Store, Ltd. tract and the said W.A. Stasny tract to the Point of Beginning and containing 2.69
acres of land more or less.
Bearings are TX State Plane, central zone, NAD -83 datum, based on City of CS GPS
monument no. 107 and GPS observations.
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Exhibit "A -TE"
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690 -3378
Proposed Temporary Construction Easement
W.A. Stasny Tract
Stephen F. Austin League No 9
And Zeno Phillips League
Bryan, Brazos County, Texas
26 February 2003
All that certain tract or parcel of land lying and being situated in the Stephen F. Austin
League No 9, Abstract No 62, and the Zeno Phillips League, Abstract No 45 in Bryan,
Brazos County, . Texas, being a part of that 103.54 acre tract conveyed to W.A. Stasny by
deed recorded in Volume 90, Page 511 of the Deed Records of Brazos County, Texas, and a
part of that 150 acre tract conveyed to W.A. Stasny by deed recorded in Volume 90, Page 35
of the Deed Records of Brazos County, Texas, being an easement forty feet (40') in width
and being more particularly described as follows:
Commencing at a %Z" iron rod with an orange plastic cap stained "H.P. Mayo RPLS 5045"
i p Y
set n the northwest line of the said Stasny 103.54 acre tract at the most easterly comer of the
Mustang Cat Rental Store, Ltd. tract described by deed recorded in Volume 3837, Page 214
of the Official Public Records of Brazos County, Texas, in the southwest right -of -way line of
Harvey Mitchell Parkway (F.M. 2818) from which a chain link fence corner post was found
S 43° W — 2.3 feet, a %" iron rod in concrete was found S 42° 34' 26" W -- 831.1 feet at the
most southerly corner of Lot 6A Block 5 of the Brazos County Industrial Park according to
plat of record in Volume 1080, Page 803 of the Official Records of Brazos County, Texas,
and the City of Bryan control monument GPS -56 was found N 56° 15' 37" E -- 161.47 feet;
Thence S 42° 34' 26" W -- 30.03 feet along the line between the said Stasny tract and the said
Mustang Cat Rental Store, Ltd. tract to the Point of Beginning of this tract.
Thence S 49° 55' 41" E -- 3926.78 feet parallel to and 3 0' from the southwest right-of-way
line 8� Y
line of F.M. 2818 to the transition of said right -of -way line to the northwest right-of-way line
i
of FM 1688 located S 3° 56 ' 01" E — 41.71 feet from a /Z " iron rod with an orange plastic cap
stamped "H.P. Mayo RPLS 5045" set at an angle point in said right -of -way;
Thence S 3° 56' 01" E -- 41.66 feet continuing along said right -of -way to the northwest right-
of-way line of FM 1688;
Thence S 42° 03' 40" W - -10.04 feet along said FM 1688 right -of -way to the most southerly
comer of this tract, from which a concrete right -of -way monument on the northwest right -of-
way line of F.M. 1688 was found S 42° 03' 40" W -- 1047.8 feet;
kkile
Stasny Temporary Easement Page 1 of 2
Exhibit "A -TE"
Thence N 49° 55' 41" W -- 3957.12 feet through the said W.A. Stasny 150 acre tract and
continuing through the said W.A. Stasny 103.54 acre tract to the northwest line of same and
the southeast line of the said Mustang Cat Rental Store, Ltd tract;
Thence N 42° 34' 26" E — 40.04 feet along the line between the said Mustang Cat Rental
Store, Ltd. tract and the said W.A. Stasny tract to the Point of Beginning and containin g 3.62
acres of land more or less.
Bearings are TX State Plane, central zone, NAD -83 datum, based on City of CS GPS
monument no. 107 and GPS observations.
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Exhibit "B"
Joe Orr, Inc.
Asrveyors & Engineers
• 2167 Post Oak Circle
College Station, TX 77845
(979) 690 -3378
Proposed Easement
William K. Akins Tract
Stephen F. Austin League No 9
Bryan, Brazos County, Texas
11 November 2002
All that certain tract or parcel of land lying and being situated in the Stephen F. Austin
League No 9, Abstract No 62, in Bryan, Brazos County, Texas, being a part of Block 5
of the Brazos County Industrial Park Phase III according to plat of record in Volume 500,
Page 917 of the Deed Records of Brazos County, Texas, also being a part of that 8.97
acre tract conveyed to William K. Akins by deed recorded in Volume 3819, Page 17 of
the Official Public Records of Brazos County, Texas, and being more particularly
described as follows:
Beginning at a ,4" iron rod found at the most northerly comer of the Akins tract and the
intersection of the southeast line of Providence Avenue which is the northwest line of Lot
6 Block 5 of the said Brazos County Industrial Park Phase III and the southwest tight-of-
‘0#
way line of Harvey Mitchell Parkway (F.M. 2818).
Thence S 49° 54' 38" E --- 65.00 feet along the southwest right -of -way line of F.M. 2818
to a %s" iron rod with a blue plastic cap stamped "College Station Easement" set for a
corner of this tract;
Thence S 40° 05' 22" W -- 10.00 feet through the said William K. Akins tract to a %"
iron rod with a blue plastic cap stamped "College Station Easement" set for a corner of
this tract in the southwest line of a ten foot wide Public Utility Easement described in
Volume 1083, Page 266 of the Official Records of Brazos County, Texas. •
Thence S 49° 54' 38" E — 403.80 feet through the said Akins tract and along the
southwest line of said easement, parallel to and ten feet (10') from the southwest tight-of-
way line of F.M. 2818 to the line between the said Akins tract and that tract conveyed to
Hyatt D evelopment, Ltd. b y deed r ecorded i n V olume 4104, P age 199 of t he Official
Public Records of Brazos County, Texas, from which a %2" iron rod was found N 40° 05'' •
22" E 10.00 feet at the common comer of said Akins tract and said Hyatt Development,
Ltd. tract in the southwest line of FM 2818;
Thence S 40° 05' 22" W -- 30.00 feet along the line between the said Akins tract and the
said Hyatt Development, Ltd. tract;
Akins Tract Easement Page 1 of 2
. Exhibit "B"
•
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Thence N 49° 54' 38" W -- 468.82 feet through the said Akins tract to the southeast line
of Providence Avenue, from which a '/a iron rod in concrete was found S 40° 07' 08" W
-- 793.8 feet at the most westerly corner of the said Akins tract;
Thence N 40° 07 08" E -- 40.00 feet along the southeast line of Providence Avenue to the
Point of Beginning and containing 0.34 acres of land more or less.
•
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monument no 107 and GPS observations.
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Exhibit "B -TE"
kilo" Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690 -3378
Proposed Temporary Construction Easement
William K. Akins Tract
Stephen F. Austin League No. 9
Bryan, Brazos County, Texas
26 February 2003
All that certain tract or parcel of land lying and being situated in the Stephen F. Austin
League No. 9, Abstract No. 62, in Bryan, Brazos County, Texas, being a part of Block 5
of the Brazos County Industrial Park Phase III according to plat of record in Volume 500,
Page 917 of the Deed Records of Brazos County, Texas, also being a part of that 8.97
acre tract conveyed to William K. Akins by deed recorded in Volume 3819, Page 17 of
the Official Public Records of Brazos County, Texas, being an easement thirty seven feet
(37') in width and being more particularly described as follows:
Beginning in the southeast line of Providence Avenue, S 40° 07' 08" W — 40.00 feet from
a Yz" iron rod found at the most northerly corner of the Akins tract and the intersection of
the southeast line of Providence Avenue, which is the northwest line of Lot 6 Block 5 of
kalif" the said Brazos County Industrial Park Phase III, and the southwest right - of-way line of
Harvey Mitchell Parkway (F.M. 2818).
Thence S 40° 07' 08" W -- 37.00 feet along the southeast line of Providence Avenue to
the most westerly corner of this tract, from which a %z" iron rod in concrete was found S
40° 07' 08" W — 756.8 feet at the most westerly comer of the said Akins tract;
Thence S 49° 54' 38" E — 468.84 feet through the said Akins tract, parallel to and seventy
seven feet (77') from the southwest right -of -way line of F.M. 2818 to the line between
the said Akins tract and that tract conveyed to Hyatt Development, Ltd. by deed recorded ‘ ,
in Volume 4104, Page 199 of the Official Public Records of Brazos County, Texas
Thence N 40° 05' 22" E -- 37.00 feet along the line between the said Akins tract and the
said Hyatt Development, Ltd. tract, to the most easterly comer of this tract, from which a
v2" iron rod was found N 40° 05' 22" E — 40.00 feet at the common corner of said Akins
tract and said Development, Hyatt Ltd. tract in the southwest line of F.M. 2818; Y p
Thence N 49° 54' 38" W -- 468.82 feet through the said Akins tract parallel to and forty
feet (40') from the southwest right -of -way line of F.M. 2818 to the Point of Beginning
and containing 0.40 acres of land more or less.
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Exhibit"C"
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle •
College Station, TX 77845
(979) 690 -3378
Proposed Easement
I.C. Cunningham Tract
Stephen F. Austin League No. 9
Bryan, Brazos County, Texas
11 November 2002
All that certain tract or parcel of land lying and being situated in the Stephen F. Austin League No 9,
Abstract No. 62, in Bryan, Brazos County, Texas, being a part of the 32 -2/3 acre tract and the 8 acre
tract conveyed to I.C. Cunningham by deeds recorded in Volume 101, Page 619 and Volume 130,
Page 562 of the Deed Records of Brazos County, Texas, being an easement thirty feet (30') in width
lying along and adjoining the northeast line of the existing 20' wide power line easement to the City
of Bryan described in Volume 507, Page 381 of the Deed Records of Brazos County, Texas, and
being more particularly described as follows:
Beginning at the intersection of the northeast line of the said City of Bryan easement and the line
between the said LC. Cunningham tract and that 47.202 acre tract conveyed to Richard W. Vaughan,
Trustee, by deed recorded in Volume 321, Page 660 of the Deed Records of Brazos County, Texas, N
37° 20' 14" E — 58.35 feet from a %" iron rod found at a fence corner in said line located 0.7 feet SW
of the northeast right -of -way line of Harvey Mitchell Parkway (F.M. 2818) N 37° 20' 14" E — 28.81
feet from a %" iron rod set with a blue plastic cap stamped "College Station Easement ";
Thence N 22° 51' 41" W — 639.52 feet, 50 feet from and parallel to the northeast right -of -way line of
F.M 2818, through the said Cunningham tract and along the northeast line of the said City of Bryan
easement to a %" iron rod with a blue plastic cap stamped "College Station Easement" set in the
southeast line of that 6.767 acre tract conveyed to Transit Mix Concrete & Materials Company b
� � y
deed recorded in Volume 1986, Page 196 of the Official Public Records of Brazos County, Texas;
Thence N 44 16' 56" E -- 32.56 feet along the southeast line of the said Transit Mix tract to the most
northerly corner of this easement;
Thence S 22° 51' 41" E -- 634.98 feet through the said Cunningham tract to the line between the said
Cunningluun tract and the said Vaughan tract from which a %" iron rod was found N 37° 20' 14" E
416.67 feet at a fence corner at the most northerly corner of the said Vaughan tract;
Thence S 37° 20' 14" W — 34.57 feet along the line between the said Cunningham tract and the said
Vaughan tract to the Point of Beginning and containing 0.44 acres of land more or Tess.
Bearings are TX State Plane, central zone, NAD -83 datum, based on City of College Station GPS
monument no. 107 and GPS observations.
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Exhibit "C -TE"
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690 -3378
Proposed Temporary Construction Easement
LC. Cunningham Tract
Stephen F. Austin League No. 9
Bryan, Brazos County, Texas
26 February 2003
All that certain tract or P arcel of land lying and being situated in the Stephen F. Austin League No 9,
Abstract No. 62, in Bryan, Brazos County, Texas, being a part of the 32 -2/3 acre tract and the 8 acre
tract conveyed to I.C. Cunningham by deeds recorded in Volume 101, Page 619 and Volume 130,
y .
Page 562 of the Deed Records of Brazos County, Texas, being an easement forty feet (40') in width
and being more particularly described as follows:
Beginning in the line between the said I.C. Cunningham tract and that 47.202 acre tract conveyed to
Richard W. Vaughan, Trustee, by deed recorded in Volume 321, Page 660 of the Deed Records of
Brazos County, Texas, N 37° 20' 14" E — 92.93 feet from a 'A" iron rod found at a fence corner in
said line located 0.7 feet SW of the northeast right -of -way line of Harvey Mitchell Parkway (F.M.
2818) and N 37° 20' 14" E — 63.38 feet from a %Z" iron rod set with a blue plastic cap stamped
"College Station Easement ";
kiiiiiv Thence N 37° 20' 14" E — 46.10 feet along the line between the said Cunningham tract and the said
Vaughan tract to the most easterly corner of this tract from which a %2" iron rod was found N 37° 20'
14" E -- 370.58 feet at a fence comer at the most northerly comer of the said Vaughan tract;
Thence N 22° 51' 41" W — 628.93 feet, through the said Cunningham tract, 120' northeast and
parallel to the northeast right -of -way line of F.M. 2818, to the southeast line of that 6.767 acre tract
conveyed to Transit Mix Concrete & Materials Company by deed recorded in Volume 1986, Page
196 of the Official Public Records of Brazos County, Texas,
Thence S 44° 16' 56" W — 43.41 feet along the southeast line of the said Transit Mix tract to the most
westerly corner of this easement;
Thence S 22° 51' 41" E -- 634.98 feet through the said Cunningham tract, 80' northeast and parallel
to the northeast right -of -way line of F.M. 2818, to the line between the said Cunningham tract and the
said Vaughan tract to the Point of Beginning and containing 0.58 acres of land more or less.-
Bearings are TX State Plane, central zone, NAD -83 datum, based on City of College Station GPS
monument no 107 and GPS observations. .
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Exhibit "D"
‘101
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690 -3378
Proposed Easement
Rafeek N. Shanaa Tract
Stephen F. Austin League No. 9
Bryan, Texas
11 November 2002
All that certain tract of parcel of land lying and being situated in the Stephen F. Austin
League No. 9, Abstract No. 62, in Bryan, Brazos County, Texas, being a part of that
34.031 acre tract conveyed to Rafeek N. Shanaa and Elizabeth A. Shanaa by deed
recorded in Volume 2130, Page 304 of the Official Public Records of Brazos County,
Texas, and being more particularly described as follows:
Beginning at a 3/8" iron rod found in the northeast right -of -way line of Harvey Mitchell
Parkway (F.M. 2818) at the common comer of the said Shanaa tract and that 34.77 acre
tract conveyed to M. Lipsitz & Co., Inc. by deed recorded in Volume 1968, Page 108 of
the Official Public Records of Brazos County, Texas, from which the City of Bryan
4ititse monument no GPS-41 is located N 50° 53' 55" W -- 2018.2 feet.
Thence N 42° 46' 36" E — 55.00 feet along the line between the said Lipsitz & Co. tract
and the said Shanaa tract to the most northerly corner of this tract;
Thence through the said Shanaa tract, parallel to and 55' from the northeast right -of -way
line of F.M. 2818, as follows:
S 47° 33' 34" E -- 34.87 feet to an angle point;
S 44° 47' 54" E -- 322.83 feet to an angle point;
S 38° 36' 44" E -- 538.86 feet to an angle point;
S 31° 00' 02" E — 122.00 feet to the line between the said Shanaa tract and the
19.00 acre tract conveyed to Glen Grote and wife, Patricia Grote by deed recorded
in Volume 484, Page 115 of the Deed Records of Brazos County, Texas, in the
center of the channel of Still Creek;
Thence S 34° W -- 33.1 feet along said property line in the center of the Still Creek
channel;
Thence through the said Shanaa tract, parallel to and 25' from the northeast right -of -way
line of F.M. 2818, as follows:
N 31° 00' 02" W 134.00 feet to a %" iron rod with a blue plastic cap stamped
%.**
"College Station Easement" set at an angle point;
Shanaa Easement Page 1 of 2
Exhibit "D"
‘1
N 38° 36' 44" W — 535.24 feet to a V2" iron rod with a blue plastic cap stamped
"College Station Easement" set at an angle point;
N 44° 47' 54" W -- 219.88 feet to a 'A" iron rod with a blue plastic cap stamped
"College Station Easement" set at an angle point;
Thence S 45° 12' 06" W — 25.00 feet continuing through the said Shanaa tract to a %"
iron rod with a blue plastic cap stamped "College Station Easement" set in the northeast
right -of -way line of F.M. 2818;
Thence N 44° 47' 54" W -- 100.00 feet along the . said right -of -way line to an angle point
from which a concrete right -of -way marker was found N 65° W -- 0.6';
Thence N 47° 33' 34" W - 33.87 feet continuing along said right - of - way line to the Point
of Beginning and containing 0.78 acre of land more or less
Bearings are Texas State Plane, central zone, NAD -83 datum, based on City of College
Station monument no. 107 and GPS observations.
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Shanaa Easement Page 2 of 2
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Exhibit "D -TE"
.1100 Joe Orr, Inc,
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77 845
(979) 690 -3378
Proposed Temporary Construction Easement
Rafeek N. Shanaa Tract
Stephen F. Austin League No. 9
Bryan, Texas
27 February 2003
All that certain tract of parcel of land lying and being situated in the Stephen F. Austin
League No. 9, Abstract No. 62, in Bryan, Brazos County, Texas, being a part of that
34.031 acre tract conveyed to Rafeek N. Shanaa and Elizabeth A. Shanaa by deed
recorded in Volume 2130, Page 304 of the Official Public Records of Brazos County,
Texas, being an easement forty feet (40') in width and being more particularly described
as follows:
Commencing at a 3/8" iron rod found in the northeast right -of -way line of Harvey
Mitchell Parkway (F.M. 2818) at the common comer of the said Shanaa tract and that
34.77 acre tract conveyed to M. Lipsitz & Co., Inc. by deed recorded in Volume 1968,
klitoe Page 108 of the Official Public Records of Brazos County, Texas, from which the Ci ty of
Bryan monument no. GPS-41 is located N 50° 53' 55" W — 2018.2 feet.
Thence N 42° 46' 36" E -- 55.00 feet along the line between the said Shanaa tract and the
said Lipsitz & Co. tract to the Point of Beginning of this tract;
Thence through the said Shanaa tract parallel to and 55' from the northeast right-of-way
8� Y
line of F.M. 2818 as follows:
S 47° 33' 34" E -- 34.87 feet to an angle point; k .
S 44° 47' 54" E -- 322.83 feet to an angle point;
S 38° 36' 44" E -- 538.86 feet to an angle point;
s 31° 00' 02" E -- 122.00 feet to the line between the said Shanaa tract and the
19.00 acre tract conveyed to Glen Grote and wife, Patricia Grote by deed recorded
in Volume 484, Page 115 of the Deed Records of Brazos County, Texas, in the
center of the channel of Still Creek;
Thence N 40° E -- 42.3 feet along said property line in the center of the Still Creek
channel;
Thence through the said Shanaa tract, parallel to and 95' from the northeast right -of -way
line of F.M. 2818, as follows:
N 31° 00' 02" W —110.9 feet to an angle point;
Shanaa Temporary Easement Page 1 of 2
Exhibit "D -TE"
N 38° 36' 44" W 543.68 feet an angle point;
N 44° 47' 54" W -- 325.95 feet to an angle point;
N 47° 33' 34" W 35.60 feet to the line between the said Shanaa tract and the
said Lipsitz & Co. tract;
Thence S 42° 46' 36" W -- 40.00 feet along the line between the said Lipsitz & Co. tract
and the said Shanaa tract to the Point of Beginning and containing 0.93 acre of land more
or less
Bearings are Texas State Plane, central zone, NAD -83 datum, based on City of College
e
g
Station monument no. 107 and GPS observations.
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Shanaa Temporary Easement Page 2 of 2
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