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HomeMy WebLinkAboutBrazos County Municipal Utility District No. 2 - RecordedALLEN BooNE HuMPHRIEB RoBINSON LLP ATTORNEYS AT LAW Direct Line: (713) 860-6427 Direct Fax: (713) 860-6627 BY FEDERAL EXPRESS Ms. Sherry Mashburn City Secretary 1101 Texas Avenue College Station, TX 77840 PHOENIX TOWER 3200 SOUTHWEST FREEWAY SUITE 2600 HOUSTON, TEXAS 77027 TEL (713) 860-6400 FAX (713) 860-6401 abl1r.com yonak@abhr.com March 1, 2017 Re: Brazos County Municipal Utility District No. 2 (the "District") Dear Ms. Mashburn: Please find enclosed for your files the following: YvonneOnak Legal Assistant (1) Petition to the Texas Commission on Environmental Quality for Creation of the District; (2) Five (5) copies of a Certificate verifying that the Petition for Creation of the District has been filed in your office; and (3) Self-addressed Federal Express return envelope, for your convenience. The creation of the District within the extraterritorial jurisdiction of the City of College Station, was approved by the City Council on June 9, 2016, by Resolution No. 06-09-16-02. Please sign, seal and date the certificates to evidence this filing and return the signed certificates to me. We would like to be able to file them with the Texas Commission on Environmental Quality as soon as possible. Thank you very much for your attention to this matter. Enclosures 648869 Sincerely, �&vi� Yvonne Onak Legal Assistant Doc-1290123 Bk·OR Vl-13877 Pg-178 **** Electronically Filed Document Brazos County, TX Karen McQueen County Clerk **** Document Number: 2017-1290123 Recorded As : ERX-RECORDINGS Recorded On: Recorded At: February 28, 2017 02:44:36 pm Number of Pages: 16 Book-VI/Pg: Recording Fee: Parties: Receipt Number: Processed By: Bk-OR Vl-13877 Pg-178 $82.00 Direct­ Indirect- 696609 Cathy Barcelona ************THIS PAGE IS PART OF THE INSTRUMENT************ Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. I hereby certify that this instrument was filed on the date and time stamped hereon by me and was duly recorded in the volume and page of the Official Public records of BRAZOS COUNTY, TEXAS Honorable Karen McQueen, County Clerk, Brazos County Doc-1290123 Bk-OR Vl-13877 Pg-179 PETITION FOR CREATION OF BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 THE STATE OF TEXAS § § COUNTY OF BRAZOS § TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY: PEACH CREEK PARTNERS, LTD., a Texas limited partnership; MCFARLANE INTERESTS, LTD., a Texas limited partnership, formerly 5271 Memorial Partners, Ltd., a Texas limited partnership; RB VENTURES I, LLC, a Texas limited liability company; JOHN E. MCFARLANE, JR., and ERIN MCFARLANE; and ROCK BARN CONSERVATION PARTNERS, LLC, a Texas limited liability company (collectively, the "Petitioners"), holding title to a majority in value of the land described in Exhibit A attached hereto and incorporated herein for all purposes (the "Property"), as indicated by the certificate of ownership provided by the Brazos Central Appraisal District, acting pursuant to the provisions of Chapters 49 and 54, Texas Water Code, together with all amendments and additions thereto, respectfully petition the Commissioners of the Texas Commission on Environmental Quality (the "TCEQ") for the creation of a municipal utility district, and in support thereof would respectfully show the following: I. The name of the proposed District shall be BRAZOS COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 (herein, the "District"). There is no other conservation or reclamation district in Brazos County, Texas, with the same name. II. The District shall be created and organized under the terms and provisions of Article XVI, Section 59 of the Texas Constitution and Chapters 49 and 54, Texas Water Code, together with all amendments and additions thereto. III. The District shall have all the rights, powers, privileges, authority and functions conferred by and be subject to all duties imposed by the Texas Water Code and the general laws relating to municipal utility districts. The District shall contain an area of approximately 995.30 acres of land, more or less, situated in Brazos County, Texas. All of the land proposed to be included may properly be included in the District. 633238 Doc-1290123 Bk-OR Vl-13877 Pg-180 IV. The District is located within the extraterritorial jurisdiction (as such term is defined in Local Government Code Section 42.001 et seq., as amended) of the City of College Station, Texas, and no portion of land in the District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. v. The Petitioners hold fee simple title to the Property, as indicated by the certificate of ownership provided by the Brazos Central Appraisal District. VI. The general nature of the work proposed to be done by the District at the present time is the purchase, construction, acquisition, maintenance and operation of a waterworks and sanitary sewer system for commercial and residential purposes, and the construction, acquisition, improvement, extension, maintenance and operation of works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the District, and to control, abate and amend local storm waters or other harmful excesses of waters, and road facilities, all as more particularly described in an engineer's report filed simultaneously with the filing of this petition, to which reference is hereby made for more detailed description, and such other purchase, construction, acquisition, improvement, maintenance and operation of such additional facilities, systems, plants and enterprises, as shall be consistent with all of the purposes for which the District is created (the "Project"). VII. There is a necessity for the improvements above described. The territory to be included in said proposed District will be developed for commercial and residential purposes. There is not available within the area proposed to be included in the District an adequate waterworks system, sanitary sewer system, drainage and storm sewer system, or road facilities, and the health and welfare of the present and future inhabitants of the District and of the areas adjacent thereto require the purchase, construction, acquisition, maintenance and operation of an adequate waterworks system, sanitary sewer system, and drainage and storm sewer system, and road facilities. VIII. The proposed improvements are feasible and practicable. There is an ample supply of water available, and the terrain of the territory to be included in the proposed District is such that a waterworks system, a sanitary sewer system, drainage and storm sewer system, and road facilities can be constructed at a reasonable cost. The District 633238 -2- Doc-1290123 Bk-OR Vl-13877 Pg-181 will develop and finance its internal water, sanitary, and drainage facilities. To connect to Brazos County Municipal Utility District No. 6, the proposed master district, which will provide the regional water supply and wastewater treatment services to four districts, including the proposed District, the District will pay its pro-rata share of the development costs. IX. A preliminary investigation has been made to determine the cost of the internal water, sewer and drainage facil�ties of the Project and it is now estimated by the Petitioners, from such information as they have at this time, that the cost of the internal water, sewer and drainage facilities of the Project will be approximately $10,760,000. x. A preliminary investigation has been made to determine the cost of the District's pro-rata share of the master district trunk water, sanitary and drainage facilities, and it is now estimated by the Petitioners, from such information as they have at this time, that such cost will be approximately $9,904,000. XI. There is not available within the area proposed to be included in the District adequate road facilities, and the health and welfare of the present and future inhabitants of the District and of the areas adjacent thereto require the purchase, construction, acquisition, maintenance and operation of adequate road facilities. The proposed improvements are feasible and practicable, and can be constructed at a reasonable cost. XII. A preliminary investigation has been made to determine the cost of the road facilities of the Project and it is now estimated by the Petitioners, from such information as they have at this time, that the cost of the road facilities of the Project will be approximately $2,474,000. XIII. The total cost of the proposed District's projects is estimated by the Petitioners to be approximately $23,138,000. WHEREFORE, the Petitioners respectfully pray that this petition be properly filed, as provided by law; that all interested persons be notified of the procedures for 633238 -3- Doc-1290123 Bk-OR Vl-13877 Pg-182 requesting a public hearing on this petition as required by 30 Tex. Admin. Code §293.12; that this petition be set for consideration at a date to be fixed in keeping with the provisions of Chapters 49 and 54, Texas Water Code, and the rules of the TCEQ; that, if necessary, a hearing be held and notice thereof be given as provided in Chapters 49 and 54, Texas Water Code, and the rules of the TCEQ; that this petition be in all things granted; that the District be created and five directors thereof appointed to serve until their successors are duly elected and qualified; and that such other orders, acts, procedure and relief be granted as are proper and necessary and appropriate to the creation and organization of the District, as the TCEQ shall deem proper and necessary. [Signature pages follow this page.] 633238 -4- Doc-1290123 Bk-OR Vl·13877 Pg-183 RESPECTFULLY SUBMITTED this 'J1I ray of l:>ec e VviW'2016. STATE OF TEXAS § § COUNTY OF BRAZOS § PETITIONERS: PEACH CREEK PARTNERS, LTD., a Texas limited partnership By: Peach Creek Investment Corporation, a Texas corporation, its General Partner By:� j{)i.McFarlane, Jr. resident This instrument was acknowledged before me this .}°J day of �robe(' , 2016, by John E. Mcfarlane, Jr., President of Peach Creek Investment Corporation, a Texas corporation, General Partner of PEACH CREEK PARTNERS, LTD., a Texas limited partnership, on behalf of said limited partnership and said corporation. ® CAITLIN ELISE ADNEY My Commission Expires Otcember 4, 2017 (NOTARY SEAL) 633238 lie, State of Texas -5- Doc-1290123 Bk-OR Vl-13877 Pg-184 STATE OF TEXAS § § COUNTY OF BRAZOS § MCFARLANE INTERESTS, LTD., a Texas limited partnership By: East Texas Products, Inc., a Texas corporation, its General Partner Jo n E. Mcfarlane, Jr. · e President This instrument was acknowledged before me this � day of �\:JV , 2016, by John E. Mcfarlane Jr., Vice President of East Texas Products, Inc., a Texas corporation, General Partner of MCFARLANE INTERESTS, LTD., a Texas limited partnership, on behalf of said limited partnership and said corporation. CAITLIN ELISE ADNEY My Commission Expires Otctmber 4, 2017 (NOTARY SEAL} 633238 -6- Doc-1290123 Bk-OR Vl-13877 Pg-185 STATE OF TEXAS § § COUNTY OF. BRAZOS § RB VENTURES I, LLC, a Texas limited liability company By:���-·-hiMCFarlane, Jr. nager This instrument was acknowledged before me this _s_ day of �bt/ 2016, by John E. Mcfarlane, Jr., Manager of RB VENTURES I, LLC, a Texas limited liability company, on behalf of said limited liability company. ... CAITLIN ELISE ADNEY My Commission Expires December 4, 2017 (NOTARY SEAL) 633238 -7- Doc-1290123 Bk-OR Vl-13877 Pg-186 STATE OF TEXAS § § COUNTY OF. BRAZOS § Gt�ANE,JR. This instrument was acknowledged before me this � day of btc.em bi./ , 2016, by JOHN E. McFARLANE, JR. ® CAITLIN ELISE ADNEY My Commission Expires December 4, 2017 � (NOTARY SEAL) STATE OF TEXAS § § COUNTY OF. BRAZOS § ERIN McFARLANE This instrument was acknowledged before me this J::L day of l)LC.r.J't'l bcr 2016, by ERIN McFARLANE. CAITLIN ELISE AONEY My Commission Explr11 December 4, 2017 (NOTARY SEAL) 633238 Notary Public{ State of Texas -8- Doc-1290123 Bk-OR Vl-13877 Pg-187 STATE OF TEXAS § § COUNTY OF. BRAZOS § ROCK BARN CONSERVATION PARTNERS, LLC, a Texas limited liability company This instrument was acknowledged before me this � day of �ht/ , 2016, by John E. McFarlane, Jr., Member of ROCK BARN CONSERVATION PARTNERS, LLC, a Texas limited liability company, on behalf of said limited liability company. ,....�� ....................... � ® CMTUN ELISE ADNEY My Conrni11lon Expires December 4, 2017 (NOTARY SEAL) Attachment: Exhibit A -Description of the Property RETURN RECORDED DOCUMENT TO: Allen Boone Humphries Robinson LLP Attn: Yvonne Onak 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 633238 -9- Doc-1290123 Bk-OR Vl-13877 Pg-188 Municipal Utility District No. 2 (MUD 2) 995.30 Acres STATE Of TEXAS COUNTY OF BRAZOS § § EXHIBIT A A METES AND BOUNDS description of a certain 995.30 acre tract of land out of the Jose Marla Barrera Survey, Abstract No. 67, the Jose Maria Barrera Survll'y, Abstrnct No. 68, the Jose Marla Barrera Survey, Abstrnct No. 69, the Thomas Henry S11rvey, Abstract No. 130, the Henry G. Hudson Survey, Abstract No. 140, the Andrew Miller Survey, Abstract No. 165, the Bartlett McGregor Survey, Abstract No. 171, the Archibald Mclaughlin Survey, Abstract No. 158, the Diadem Millican Survey, Abstract No. 178, the Jefferson P. Mitd1ell Survey, Abstract No. 179, the Clement Raney Survey, Abstract No. 201, and the John W. Stewart Survey, Abstract No. 213, Brazos County, Texas, being all or a portion of the following tracts of laod: 1. A called 82.4$3 acre tratt to RS Ventures I, LLC, recorded in Volume 12300, Page 5, of the Official Public Records of Brazos County (OPRBC); 2. Remainder of a called 170.748 acre tract to RB Ventures I, LLC, recorded in Volume 12300, Page 20, OPRBq 3. A called 10.001 acre tract to John E. Mcfarlane, Jr. and Erin M. Mcfarlane, recotded In Volume 9422, Page 180, OPRBC; 4. A called 122.98 acres (Tract One) to 5271 Memorial Partriers, LTD .. as recorded in Volume 6396, Page 106, OPRBC; S. Remainder of a called 170.748 acre tract to Peach Creek Partners recor(!ed in Volume 12300, Page 13, OPRBC; 6. A called 39.705 acre tract to Peach Creek Partners, LTD., described In Volume 12468, Page 57, OPRBC; 7. The property conveyed to Peach Creek Partners, LTD., as recorded in Volume 04227, Page 00119, OPRBC, and lo Volume 04227, Page 00145, OPRllC; 8. A called 235.12.3 acre tract to Peach Creek Partners recorded in Volwne 04227, Page. 00135, OPRBC; Said 995.30 acres being more particularly described by metes and bounds as follows with all bcariogs being based on the most north line of said 1215.830 acre tract having a record bearing of South ss•34•00" East recorded In Volume 04227, Page 00145, OPRBC; BEGINNING at the north corner of aforementioned 82.453 acre tract, same being the east corner of the 16;68 acre tract recorded in Volume 8531, Page 011, OPRBC, and being in the southwest right-of-way of State Highway No. 6; THENCE South 39•30•34" East, al1>ng the southwest right·of'way of State Highway No. 6, same being an easterly line or said 82.453 acre tract, 1524.59 feet to a point-for-corner; THENCE continuing along said southwest right-of-way and easterly llne of said 82.453 acre tract the following two (2) courses and distances: 1. South 21•04128" East, 103.75 IP.et to a point-for-corner; 2. South 39'30'37" East, 80.88 feet to a point-for-corner; THENCE over and across said 82.453 acre tract, aforementioned 122.98 acre tract, aforementioned 1213.537 acre tract, and aforementioned remainder tracts of the called 170.748 acre tract the following eighteen {18) courses and distances: 1. South 71•42'07"West, 684.53 feet to a point-for-corner; 2. North 75•33'36" West, 367.98 feet to a point-for-corner; 3. South 37'36'11" West, 489.75 feet to a point-for-corner; 4. South 85'55'01" West, 1114.30 feet to a point·for·torner; 5. South 30•40'07" West, 244.29 feet to a point-for·corner; 6. south 02'33'49" East, 246.011 feet to a point-for-corner; 7. South 12°34'02" East, 384.90 feet to a point-for-corner; 8. South 38'49'41 ''West, 182.69 feet to� point-for-corner; 9. South 66'l5'42" West, 253.06 foet to a point-for-corner; 10. North 88'24'18" West, 340.45 feet to a point-for-comer; 11. South 55'33'30" West, 386.21 feet to" point-for-corner; 12. South 16.44'55" East, 156.95 feet to a poh1Hor·corner; 13. South os·11o•ss" West, 406.85 feet to a point-for-corner; Page lof5 Doc-1290123 Bk·OR Vl-13877 Pg-189 Municipal Utility District No. 2 (MUD 2) 995.30 Acres 14. South 51"55'56" West, 268.66 feet to a point-for-corner; 15. South 17"45'20" West, 273.38 feet to a point-for-corner; 16. South 77•16'18" West, 76.SG feet to a polnt-for·corner; 17. North 61"48'13" West, 323.52 feet to a point-for·corner; 18. South 64"13'23" West, 605.99 feet to a point-for-corner, being in aforementioned 141.460 acre tract; THENCE over and across said 141..460 acre tract, the following four (4) courses and distances: 1 .. South 57"08'38" East, 565.05 feet to a point-for-corner; 2. South 86"50'52" West, 552.43 fuet to a point-for-corner; 3. South 73°40'37" West, 1177.10 feel to a point-for-corner; 4. North 86.00'38" West, 596.88 feet to a polnt·for·corner being· io aforementioned 1213.537 acre tract; THENCE South 57"44'4S" West, 394.02 feet to a point-for-corner in said 1213.537 acre tract; THENCE North ss·42'27" West, continuing over and acros� said 1213.537 acre trnct, 495.48 feet to a point·for·comer being In aforementioned 235.123 acre tract; THENCE.over and across said 235.123 acre tract, the following five IS) cour$es and di�tances: 1. South 51"31'02." West, 198.60 feet to a point-for-corner; 2. North 41°32'31" West, 413.39 feet to a point-for-corner; 3. North 77"31'31" West, 369:1 lfeet lo a point· for-corner; 4. South 09"06'20" East, 2198.58 feet to a poil\t·for-corner; s. North 86'12'14" We�t. 378.58 feet to a point-for-corner, being in 11 common lirie of said 235.123 acre tract and the 83.159.aetc tract recorded in Volume 12536, Page 294, OPRBC; THENCE along the common lines of said 235.123 acre tract and said 83.159 acre tract the foll1;>wing three (3) courses and distances: 1. North 08°48'56" East, 326.38 feet to a µoint·for·corner; 2. North 14•30•53�· West, 493.85 feet to a point-for-corner; 3. North 55"27'30" Wnst, 544.47 feet to a point-for-cornr.r; THENCE North 85°59' 18" West, along a northerly line of said 83.159 acre tract, 699.47 feet to a polnt­ for-corner, same being the most 11ortherly corner of said 83.159 acre tract; THENCE continuing along the (ommon lines of said 83.159 acre tract and said 1215.830 acre tract the following four (4) courses and distances: 1. South 38°39'12" West, 506.11 feet to a point-for-corner; 2. South 86"39'45" West, 264.29 feet to a polnt·for·corner; 3. South 40"06'02" West, 905.25 feet to a point-for-corner; 4. South 49"52'07" East. 1114.82 feet to a point-for-corner marking the beginning of a tangent curve to the right; THENCE along said curve to the right. having a· radius of 3050.00 feet, an arc length of 630.27 feet, a delta a11gle of l 1'50'24'', a chord bearing of south 43'56'55" East, <1nd a chord length of 629.15 feet, to a point-for-corner marking a point of tangency and being the south corner of said 83.159 acre tract; THENCE over and acros� aforementioned 1215.830 acre tract, the following thirteen {13) courses and distances: 1. South 53·19'25" West, 1938.66 feet to a point-for-corner; 2. South 03'25'08" West, 409.10 feet toil point-for-comer; 3. South 29'39'21" West, 379.66 feet to a point-for-corner; 4. South 44'06'24" West, 1168.08 feet to a point-for-corner; 5. South 33"19'41" Easi, 1142.14 feet to a point-for-comer; 6. South 74'20'36" West, 191.27 feet to a point-for-corner; 1. South 24"51'24" East, 293.88 feet to a point-for-corner; 8. North 62'04'40" East, 865.68 feet to a point-for-corner; 9. North 32"07'46" East, 449.62 feet to a point-for-corner; Page 2 of S Ooc-1290123 Bk-OR Vl-13877 Pg-190 Municipal Utility District No. 2 (MUD 2) 995.30 Acres 10. North 16"56'29" East, 484.44 feet to a point-for-corner; 11. North 04•30•39" East, 823.17 feet to a point-for-corner; 12. North 15"42'38" East, 459.11 feet to a point-for-corner; 13. South 37°06'59" East, 553.34 feet to a point-for-corner, same being the northwest corner of a called 20 acre tract recorded in Volume 10069, Page 264, OPR8C; THENCE South 00"53'00" (a$!, along the west line of said 20 acre tract, 2083.06 feet to a point·for­ corner; THENCE South 02*02'00" East, 728.06 feet to a point-tor-corner, same being the northeast corner of a called 23.85 acre tract recorded In Volume 11639, Page 022, OPRBC and being in the west line of a called 43.05 acre tract recorded In Volume 11890 Page 225 OPRBC; Tl1fNCE South s9•04•00•· West, along the north line of said 23.85 acre tract. 1217.50 feet to a point·for­ corner, satne being the northwest corner of said 23.85 acre tract; THl!NCE South 04"27'00'' West, along the west line of safd 23.SS acre tract, 849.85 foet to a point·for­corner-, same being a westerly corner of the 0.14 acre tract recorded in Volume 10577, Page 237, OPRBC and being in the north right·Of·way of Farm to Market Highway 2154; THENCE North 70'59'09" West, along said right·of·way, 5:11,.::!5 feet to a point-for-corner marking the beginning of a curve to the right; THENCE along said t\JfVe to the right, having a radius of 5305.46 feet, an arc length of 1643,96 feet, a delta angle of 17°45'14'', a chord bearing of North 61 •:n•22'' West, and a chord length of 1637.39 feet, to a point ·for-corner; THENCE North 53'20'32'' West, continuing along said right-of-way, 2655.74 feet to a point-for-corner; THENCE North 01"05'00" West, 21.41 feet to a point-for-corner, being in the west line of aforementioned 1215.830 ar.re tract; THENCE North 01"12'41" West, continuing along a west line of said 1215.830 acre tract, 782.28 feet to a point-for-corner, being the southwest cor.oer of a 26.587 acre tract conveyed as a 1/2 undivided Interest to DuBois Children's Lhnlted Partnership, LTD, recorded in Volume 12468, Page 57, OPRBC; THF.NCE along the south and east lines of said 26.587 acre tract the following five {5} courses and distance.s: 1. North 88"11'03'' East, 371.48 foet to a point-for-corner; 2. North 68'06'25" East, 581.47 feet to 11 poinHor·corner; 3. North 21"30'46" West, 343.0l feet to a point-for-corner, marking the beginning or a tangent curve to the right; 4. Along said curve to the right, having a radius of 3000.00 feet, an arc lenglh of 1157 .30 feet, a delta angle of 22•06110", a chord bearing of North 10°27'41" West. and a chord length or 1150.14 feet, lo a point-for-corner marking a poh1t or tangency; 5. North 00"35'24" East, passing at a distance of 86.88 fact the northeast corner of said 26.587 acre trai:t and the soutlwast corner of a called 5.763 acre trnct conveyed to DuBois Children's limited Partnership, LTD, recorded In Vollime 12468, Page 57, OPHBC, continuing in all a total distance of 508.48 feet to a point-for-corner In the south line ofan 86.835 acre tract conveyed to Millican DPC Partners, LP, recorded in Volume 9981, Page 290, OPRBC; THENCE. North 59•40•32H East, with the south line of said 86.835 acre tract, 2301.29 feet to a polnl·for­ coroer being the south corner of a 11.972 acre tract corweyed to John T. Jaques and l<amela A. Jaques recorded in Volume 9960, Page 2'71, OPRBC; THENCf North 69•40•33» East, with the southeast line of said Jaques tract and the southeast line of the remainder of a 103.4 acre tract conveyed to Millican OPC Partners, LP, recorded in Volume 9981, Page 216, a distance of 1644.73 feel to a polnt-foNorner; THENCE, North 00·11 '39" West, with the east line of the remainder of said 103.4 acre tract a distance of 944.63 feet to a point-for-corner, being in a west line of aforementioned 1215.830 acre tract; THENCE with the west <ind north lines of said 1215.830 acre tract, the following four (4) courses and distances: 1. North oo•o3'00" F:ast, 937 .SO feet to a poinl-for·corner; Page 3 of S Doc-1290123 Bk-OR Vl-13877 Pg-191 Municipal Utility District No. 2 (MUD 2) 995,30 Acres 2. North 19"35'00" west, 460.00 feet to a point-for·corner; 3. North 13°11'00" East, 680.56 feet to a point-for-corner; 4. South ss•34•00•· East, 1930.00 feet to a point-for-corner, being the northeast corner of said 1215.830 acre Imel and the northwest corner of a called 235. 123 acre tract conveyed to Peach Creek Partners, LTD, recorded in Volume 42i7, Page 13'>, OPRBC; TliENCE with the north line of said 235.123 acre tract, the following four (4} courses and distances: 1. North &rl9'00" East, 219.61 feet to a point·for·corner; 2. North 87'50'00" East, 1157 .69 feet to a point-for-corner; 3. North 60'08'00" East, 136.11 feet to a polnt·for-corner; 4. North 47•16100'' East, 246.14 feet to a point·for·corner, being the northeast corner of said 235.123 acre tract and the most westerly northwest comer of a called 1213.537 acre tract conveyed to Peach Creek Partners, l TO, recorded In Volume 4227, !'age 145, 0l'R8C; THENCE with the north line of said 1213.537 acre tract, the following three (�)courses and distances: 1. North 47•2a'OO" East, 173.89 feet to a polnHor-corner; 2. So.uth 64'25'00'' East, 234.17 foet to a point-for-corner; 3. North 62'30'00" East, 637.50 feet to a poiot·for·corner, bel11g a northeast corner of said 1213.537 acre tract and the northwest corner of a called 141.460 acre tract (Tract Threej conveyed to Peach Creek Pariners, LTO, recorded in Volume 42'i7, Page 145, OPRBC; THENCE North 89°21'00" East, along the north line of said 141.460 acre tract, 2494.56 feet to a point· for-corner, being said tract's northeast corner and being in the west lfne of the remainder of a called 170.74.8 tract conveyed to RI\ Ventures I, LLC, recorded in Volume 12300, Page 20, OPRBC; THENCE with the west 1100 north lines of said remainder tract, the following seven (7) courses and distance�: l. North 00•10•21" West, 207">.08 feet to a point-for-corner; 2. North 40•29•41" West, 18.39 feet to a point-for-corner; 3. North 04"05'22" West, 102.71 feet to a point-for·coriler; 4. North 70•09•13" East, 92.81 feet to a point-for-corner; 5. South 88.43'16" East, 348.00 feet to a point·for·corner; 6. North gg·o3•52" East, 297 .93 feet to a point-for.corner; 7. South 89°58'11• East, 538.46 feet to a point·for·corner, being the northea$l corner of said remainder trad and the northwest corner of a called 10.001 acre tract conveyed to. John E. McFarlane, Jr., and Erin M. Mcfarlane, recorded In Volume 9422, Page 180, OPRBC; THENCE North 85°28'53" East, along the north line of said 10.001 acre tract, 491.52 feet to a point-for­ comer; THENCE South 89°47'44" East, passing the northeast corner of said 10.001 acre tract being a northwest corner of aforementioned 82.453 acre tract, continuing with the north line of Said 82.453 acre tract, for a total distance of 999.70 feet to a polnt·for·corner al' an interior corner of aforementioned 1213.531 acre tract; THE;NCE North 00"17'51" East, 1592.78 feet to a poiilt'for-corner in the southwest right-of·way of State Highway No. 6; THENCE South 47"21.'49" East, with said righi-of·way, 81.40 foet to a point·for-corner; THENCE South 00·1a'OO" West, with an east line of said 1213.537 acre tract, 1537.89 reet to a point-for· corner in a north line of aforementioned 82.453 acre tract; THENCE North g9•59•1s" East, with a north line of said 82.453 acre tract, 579.03 feet to a point-for· corner; THENCE North 02•1s•53" East, 795.80 feet to the POINT OF BEGINNING, CONTAINING 995.30 acres of land in Brazos County, Texas. FOR A POLITICAL BOUNDARY ACRfAGE rDTALLING 995.30 AC RES. Page4of S Doc-1290123 Bk-OR Vl-13877 Pg-192 Municipal Utility Oisirict No. 2 (MUD 2) 995.30 Acrr.s The mr.tes and bounds description of MUD 2 was prnpared und11r 22 TAC. §663.21, and doe� not renect the results ol an 011 the ground smvey, and i� not to he used to convey or e�tahH�h intere&U in real property r.xcept those rights and interests hnplied or e�t.1bli�hed hy thl' creiition Of reconliRuration of the boundary of th<' political subdivision for which it wns prepared. A separate plat be<irlng DWG No. 1363 was prnpawd 111 con)unctJon with tho foregoing rneies and bounds description and is m1ailable in the offlcl!'s of Jonj!s I Carter in College Station. Trillas. Page- S of !i THE STATE OF TEXAS § § COUNTY OF BRAZOS § I, the Secretary of the City of College Station, Texas, do hereby certify that a signed copy of the Petition for Creation of Brazos County Municipal Utility District No. 2 has been filed in my office. The City consented to creation of the District by Resolution No. 06-09-16-02 on June 9, 2016. r&�TNESS MY HAND AND THE SEAL OF 1HE CITY, this /J..J).... day of � ,2017. City Secretary City of College Station, Texas (SEAL)