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HomeMy WebLinkAbout12-12-24-7.17 - Resolution - 12/12/2024RESOLUTION NO. 12-12-24-7.17 A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, DENYING HIGHWAY 30 BUSINESS CENTER LLC'S PETITION FOR REMOVAL OF PROPERTY FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF COLLEGE STATION AND DENYING THE CITY'S CONSENT TO THE REDUCTION OF THE CITY'S EXTRATERRITORIAL JURISDICTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 24, 2024, Steve Lovett, Managing Member of Highway 30 Business Center, LLC ("Petitioner") submitted a petition attached as Exhibit "A" ("Petition") for releasing property from the City of College Station's extraterritorial jurisdiction ("ETJ"); and WHEREAS, the property sought to be released is located at 10010 and 10022 SH 30, College Station, Texas and described by metes and bounds in Exhibit "A" ("Property"); and WHEREAS, pursuant to Texas Local Government Code Section 42.023, the City's ETJ may only be reduced if the City Council has exercised its legislative authority consenting to reducing the City's ETJ by ordinance or resolution; and WHEREAS, pursuant to Texas Constitution, Article II, Section 1, landowners may not be delegated legislative authority to remove their property from the City's ETJ without the City Council's consent by ordinance or resolution; and WHEREAS, Texas Local Government Code Chapter 42 Subchapter D. (SB 2038) is an unconstitutional delegation of the City's legislative authority and conflicts with the City's grant of legislative discretion under Local Government Code Section 42.023; and WHEREAS, it is in the best interest of the City to deny the Petition and the removal of the Property from the City's ETJ, and to any reduction in size of the City's ETJ; and deny any action under Texas Local Government Code Chapter 42 Subchapter D. (SB 2038); now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: The above recitals are adopted as findings of the City Council. PART 2: The Petition for Release of the Property in Exhibit "A" from the City's ETJ is denied and the Property remains in the City's ETJ. PART 3: The City denies any written consent by ordinance or resolution or action under Texas Local Government Code Chapter 42 Subchapter D. (SB 2038) to remove the Property from the City's ETJ and any reduction in size of the City's ETJ. PART 4: That this resolution shall become effective immediately after passage and approval. Resolution No. 12-12-24-7.17 ADOPTED this 12t" day of December 2024. ATTEST: City Secretaily APPROVED: nv6A City Attorney APPROVED: Page 2 of 3 Resolution No. 12-12-24-7.17 Page 3 of 3 EXHIBIT A Tract 1: Approximately 1.77-acre tract or parcel of land lying and being situated in the Maria Kegans Survey, Abstract No. 28, Brazos County, Texas. Tract 2: Approximately a 6.61-acre tract of a called 44.26-acre tract of land, described in a Deed to Canyon Creek Partners, Ltd., recorded in Volume 5639, Page 26 of the Official Public Records of Brazos County, Texas in the Maria Kegans Survey, Abstract 28, Brazos County, Texas. November 19, 2024 Adam C. Falco College Station City Attorney 1101 Texas Avenue College Station, Texas 77843 Via: Certified Mail Return Receipt Requested Receipt No: 7018 3090 0001 2830 0947 Re: Petition for Release from the Extraterritorial Jurisdiction of the City of College Station Dear Mr. Falco, 1. Steven Trent Lovett acting as the Managing Member for Highway 30 Business Center LLC ("Owner") files this Petition pursuant to TEX. LOC. GOVT CODE § 42.102. 2. Highway 30 Business Center LLC owns property within the extraterritorial jurisdiction of the City of College Station located at 10010 & 10022 SH 30, College Station, Texas 77845, PID's 12150 & 12152 (the "Property"). See Exhibit A (Deed and Property Map). 3. Owner hereby Petitions the City of College Station to release Owner's Property from its extraterritorial jurisdiction. 4. Pursuant to TEX. LOC. GOV'T CODE § 42.102, an owner or owners of majority in value of an area in a municipality's extraterritorial jurisdiction may file a petition with the municipality to be released from the extraterritorial jurisdiction, if the owner's property in question meets the applicability requirements of TEX. LOC. GOVT CODE § 42.101 and the petition requirements of TEX. LOC. GOV'T CODE § 42.104. 5. Owner's Property meets the applicability requirements of TEX. LOC. GOVT CODE § 42.101. 6. As set forth in Exhibit B, Affidavit of Owner, and as set forth in TEX. LOC. GOVT CODE § 42.101, the undersigned swears that the Property is not: (1) within five miles of the boundary of a military base, as defined by TEX. LOC. GOV'T CODE § 43.0117, at which an active training program is conducted; (2) in an area that was voluntarily annexed into the extraterritorial jurisdiction that is located in a county: (A) in which the population grew by more than 50 percent from the previous federal decennial census in the federal decennial census conducted in 2020, and (B) that has a population greater than 240,000; (3) within the portion of the extraterritorial jurisdiction of a municipality with a population of more than 1.4 million that is: (A) within 15 miles of the boundary of a military base, as defined by TEX. LOC. GOVT CODE § 43.0117, at which an active training program is conducted, and (B) in a county with a population of more than 2 million; (4) in an area designated as an industrial district under TEX. LOC. GOV'T CODE § 42.044; or (5) in an area subject to a strategic partnership agreement entered into under TEX. LOC. GOVT CODE § 43.0751. 7. This Petition meets the requirements of TEX. LOC. GOVT CODE § 42.104. Page 1 of 20 8. As required by TEX. LOC. GOVT CODE § 42.104(a)(2), Owner's value in the Property constitutes more than 50% of the value of the Property, as indicated by the tax rolls of the Brazos Central Appraisal District. 9. As required by TEX. LOC. GOVT CODE § 42.104(a)(2), the signature page accompany this Petition includes the signatures of 100% of the Property's owners in value, which is more than 50%. 10. As required by TEX. LOC. GOVT CODE § 42.103, the signature is valid pursuant to TEX. ELEC. CODE § 277.002. 11. This Petition contains, in addition to the signature: (A) the signer's printed name; (B) the signer's: (i) date of birth; or (ii) voter registration number and, (iii) county of registration; (C) the signer's residence address; and (D) the date of signing. 12. As required by TEX. LOC. GOVT CODE § 42.104(b), Owner filing this Petition satisfied the signature requirement within 180 days after the date the first signature for the Petition was obtained. 13. As required by TEX. LOC. GOV'T CODE § 42.104(c), the signature collected under this section is in writing. 14. As required by TEX. LOC. GOVT CODE § 42.104(d), this Petition includes the deed for the land to be released in Exhibit A, which describes the boundaries of the land to be released by: (1) metes and bounds; or (2) lot and block number, if there is a recorded map or plat. Exhibit A also includes a map of the land to be released. 15. As required by TEX. LOC. GOV'T CODE § 42.105(a), the City must verify this Petition upon receipt; shall notify the residents and landowners of the area described by the petition of the results of the petition, or shall notify Owner, who filed this Petition under Section 42.102. 16. Pursuant to TEX. LOC. GOVT CODE § 42.105(c), because Owner has obtained the number of signatures on the Petition required under Section 42.104 to release the area from the extraterritorial jurisdiction of the City of College Station, the City must immediately release the area —Owner's Property —from the City's extraterritorial jurisdiction. 17. Pursuant to TEX. LOC. GOVT CODE § 42.105(d), if the City fails to take action to release Owner's Property from the City's ET) by the later of the 45th day after the date the municipality receives the petition or the next meeting of the City's governing body that occurs after the 30th day after the date the City receives this petition, the area —Owner's Property —is released by operation of law. Page 2 of 20 Highway 30 Business Center LLC By: Steve Trent Lovett Printed Name Its: Managing Member Title Signature 05/03/1960 Date of birth 1040614716 Voter Registration Number Brazos Voter county of registration 3600 Lovett Lane, College Station, TX 77845 Residence address l/ / f Date of signing Page 3 of 20 EXHIBIT A DEEDS AND PROPERTY MAPS 1.77 ACRES uciatuwi MIG tuft es: Lust I I 11'.1 Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record In the public records: your social security number or your driver's license number. Dote! Grantor: Grantee: Goc Bk Vol is vuU834.7 (R a/81 tvt SPEcIAI, WARRANTY DEED 2..e..s tr.— 2714 , 2006 STEVEN TRENxT LOVETT and wife. ANN LOVETT HIGHWAY 30 BUSINESS CENTER, LI.C, a Texas limited liability company Grantee's :dulling Address: cit.' Steven T. Lovett, Managing Member'Chairman 3600 Lovett Lane College Smtlan. Texas 77845 Consideration: TEN ANU NOi100 DOLLARS (510.00) and other good and valuable consideration Property (including any improvements): Field Notes of a 1.77 acre tract or parcel of land lying and being situated in the Mann Kegans Survey. Abstract Nn. 28, Brazos County. Texas. and being pan of the 3 acre tract described in the deed from II. P. Spradling, et ux. to Albert A. Schultz and wifc. Maydell Schultz, as recorded in Volume 141, Page 225, of the Deed Records of Brazos County, Texas, and bring morn particularly described as follows: COMMEN(:ING at thc 6" creosote Post fence comer marking the cast comer of the called 0.021 acre tract described in the deed from A. A. Schultz. et ux to Brazos County. Texas. (for County Road purposes), recorded in Volume 2105, Page 163 of the Official Records of Brazos County, Texas, same being the intersection of the existing southeast right-of-way lineal Nunn Janes Road with the existing southwest right-of-way of State Hwy. No. 30; T1[FNCE along the southwest tight -of --way line of State Highway No. 30. same being the southwest Inc of the 0.10 acre tract described in the deed dram A. A. Schultz, et ux to the State of Texas (tbr Hwy. No. 30 right-of-way purposes), adjacent to a fence as follows: S 60 degrees 42' 59' E 117 86 feet to a 1 i2" trash rod found near a chain link fence comer marking the cast comer of 0.46 acre tract described in the Gift deed to Delany M. Jackson and husband. William L. Jackson. recorded in Volume 2451. Page 230 of the Official Records of Brazos County. Texas, and the Place of Beginning of this description: S 60 degrees 42' 59" E 26.32 fent to a concrete right-of-way marker: S 62 degrees 14' 39" E 180.10 feet to a 112" iron rod set, an 8" creosote post fence corner bears S 38 degrees 33' W - 1.0 feet, said l2" iron rod being in thc southeast Inc of the bcforemcntioncd Schultz 3 acre tract; THENCE S 30 degrees 214' 26' W along the common line between the hefiirementinned Schultz 3 acre tract and the 50 acre tract doscribal in thc Deed to Joseph Milton Graham, rccuttkd in Volume 121, Page 153. of the teed Records of BrazoS County, Texas, adjacent to a tenet, for a distance of 385.46 feet to an 8' creosote post fence corner found marking the south corner of the 3 acre tract (same being thc south corner of a 1-la acre First Tract described in Volume 85.1'age 411: Ciawnl Ion son LMM Page 4 of 20 tkv_ t',i Vol PI Oto09867 OR 8152 200 THENCE N 61 DEGREES 00'00" W continue slung the common line between the befurementioncd Schultz 3 acre tract and the Graham 50 acre tract. adjacent to a fence, for a distance of 195.95 feet to a 1 /2" iron rod found at chain link fence corner marking the south comer of the beforementioned 0.46 acre tract; TIIENCE N 28 degrees 55' 20' E along the southeast line of the beforementioned 0.46 acre tract, adjacent to a chain link fence, for a total distance of 381.55 feet to the Place of I3eginning. containing 1.77 acres of land. more or less. Reservations from Conveyance: SAVE AND EXCEPT, Grantor reserves for himself. his heirs and usstbms: (i) all of the oil, gas, liquid hydrocarbons, residue gas. the products and by products of the foregoing and all minerals, if any, which Grantor presently owns that arc in, on, or under the above described Property situated in Brazos County. Texas, and that may be produced from it. without either the right to enter onto the surface of the Property or the right of ingress and egress onto the Propcny for mining, drilling, exploring, operating and developing the Property for oil, gas and other minerals or for removing them from the Property. Nothing herein. however. restricts or prohibits thc pooling or unitization of the portion of the mineral estate owned by Grantor with land other than the Property or the exploration or production of the oil, gas and other minerals by means of wells that arc drilled or mines that open on land other than the Property but enter or bottom under the Property. provided that these operations in no manner interfere with the surface or subsurface support of any improvement., constructed or to bc constructed on the Property; and (ui) all groundwater, being all underground water, percolating water. artesian water and other waters from any and all reservoirs. formations. depths and horizons beneath the surface of the earth, in. under or that may be produced from the Property (the "Groundwater Estate") that Grantor presently owns, without either the right to enter unto the surface of the Property or the right of ingress and cgrcss onto the Propcny for any purpose relating to Grantor's interests in the Groundwater Estate or to extract water relating to Grantor's interest in the Groundwater Estate. Nothing herein, however, restricts or prohibits the pooling or unitization of the portion of the Groundwater Estate owned by Grantor with land other than thc Property or the exploration or production of water by means of wells that arc drilled on the surface of land other than the Property but enter or bottom under thc Pnlarty, provided that these operations in no manner interfere with the surface of subsurface support of any improvements constructed or to bc constructed on the Property. Exceptions to Conveyance and Warranty: This conveyance is made subject to all valid and subsisting casements, restrictions. rights of way. conditions. exceptions, reservations, and covenants of whatsoever nature of record. if any. and also to the zoning laws and other restrictions, regulations, ordinances and statutes of municipal or other governmental authorities applicable to and enforceable against thc described property. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. grants. sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs. successors. and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, by, through. or under Grantor, but not otherwise. Whcn the context requires, singular nouns and pronouns include the plural. STEVEN TRENT LOVETT ANN LOVETI' Gaary N,a+,.w5 IMsi Par: Page 5 of 20 Doc Ilk Vol f9 D1v?S t,? Oft 3J82 201 STATE of TEXAS COUNTY OF BRA/.OS This instrument was acknowledged before the un the `1 day of` '"ut ^r-- 2006, by Steven Trent Lovett and Ann Lovett. RI1CORDINCI PAID FOR BY: Lovett AFTER RECORDING RETURN TO: O. 1?. Elmore 1021 university Drive F.at College Station. lens 77S40 GENERAL WARRANTY DEED NOTARY PUBLIC. State of Texas / Notary's name printed: Ma.-tc C1w;•J AN.t►a..l: rq. My commission expires: 1-eJ ANC 4 f i Led fcr Wore ,n: BBAtOS COt1YtY Di: nut 11.1,20:4' et 02t20, io y. ins Docwttt! nuttier 0100087 Anu.nt 14.0) Pixel et WeOte - Aelel Bi. Kim be-n, STATE OF TEAS. CIA9411 If BRR200 I lerebv ct. ifl that this instrtntIL xis Bled of the tate sal stet sloped het_eon t•s ee ofdt1e Ofr:c of Ptb1'c r ords elate 0e eo+e MAIDS CUUlirt 35 Staaond ltrtee by Bo. Aut It.2108 •CeirRat,E eats Ntlt:Eil. CCO$TY CLERK !RAIDS COUIR 1 PREPARED M TIIE LAW OFFICE: OF: IIOELSCIMR. LIPSEY. ELMORE R BEN N, P.C. 102I University Drive East College Station. Teat 7 f140 OEFU Steven Tema Lovett and wife. Ann Lwwctt to I Ilghway 30 Business Caller, I.I.C, a Texas limited liability Company Geneve Womanly la.d AC,.1 Page 6 of 20 PLUS 44.26 ACRES: Bill & Return to Ilic I:ClOR 1` foPutt RY. Wt 10010Hb1; fANYfN.%Y.D(ILj University- P.O. Drawer DT College Sta: iou, Texas 77841 GFa Notice of Confidentiality Rights: If you arc a natural person. you may remove or strike any or all of the following information from any Instrument that transfers an Interest In real property before it is filed for record iu the public records: your social security number or your driver's license number. Doti 6s Vat Pi Otnt7&21 OR 8919 ?lA SPECIAL. WARRANTY DEED WITH VEADDR'S.LD ( Date: .s✓.2009 Grantor: CANYON CREEK INTERESTS. LTD.. SUCCESSOR BY AMENDMENT TO CANYON CREEK PARTNERS. LTD. Granter: 11IGIIWAY 30 BUSINESS CENTER. LLC Grantee's Mailing Address: 3 410 Q (TA 77f5— C'onsideradon: TEN AND NO/100 DOLLARS (510.00) and other good and valuable consideration, CASH and a note of even date executed by Grantee and payable to the order of COMPASS BANK in the principal amount of SEVEN HUNDRED NINETY-SIX THOUSAND TWO HUNDRED FIFTY AND NO/DOLLARS (S796.250.00). The note is secured by a first and superior vendor's lien and superior title retained in this deed by Grantor. which is hereby transferred to COMPASS BANK and by a first -lien deed of trust of even date frtxn Grantee to Ben Hayes Riggs, Trustee Property (Ineludiag any Improvements): A metes and bounds description of a certain 4126 acre tract of land. being all of a called 44.24 acre tract described in a tired to Canyon Creek Partners. Ltd., recorded in Volume 5639. Page 26 ol'the Official Public Records of Brazos County (O.P.R.B.C.). in the Maria Kegaas Survey, Abstract No. 28, Brazos County, Texas said 44.26 acres being more particularly described as follows {all bearings being haled on a call of North 45° 14' 25" East along the commencing call of a utility easement described in an Agreed Final Judgment to the City of College Station, recorded in Volume 7876, Page 247 of the O.P.R.B.C,): BEGINNING at the I/2-inch iron rod found in the southwesterly base of a 48-inch oak tree in the northeasterly nght-of-way line of Nunn -Jones Road (right-of-way saves) for the most southerly corner of the herein described tract and the most westerly coarser of a called 2.00-acre tract described in a Deed to Leonard L. Muesse and Lily K. !queue. recorded in Volume 1396, Page 22 of the O.P.R.B.C.: THENCE North 16" 02'14" West, 1357.30 feet (called North l2" 33' 13" West, 1257.70 feet) along the northeasterly right-of-way line of said Nunn -Jones hood and generally following a fence line, to a . fS-inch iron rod with cap stamped 'tones & Carter. Inc ". set at an angle point in said nght-nt- way' 'IHLNCE North 18'54' 33" Fast, 299.69 feet (called North 22° 09.44" East, 299.33 feet) continuing along rho northeasterly right-of-way lino of Nunn -Jones Road and generally following a fence line, to a cross -tic fence post found for comer (as called), from which a chain Zink fence canner bean North 57' East. 0.7 feet, said comer also being the southwest corner of a called 0.65-acre tract 5"a wn.wry r4.) Poe Page 7 of 20 Doc Ek Val Ps y)1J17671 OP 8919 261 described in a Deed to William L. Jackson and Delany M. Jackson, recorded in Volume 517. Page 46 of Draws County Deed Records (B.C.D.R.): THENCE South 65' 31' 31' East. 324.94 feet (called South 62' Ol' 53" East, 324.62 feet). leaving the northeasterly right-of-way line of Nun -Jones Road along the southerly Tine of said called 0.65- aae tract and the southerly line of a called 1.77-acre tract described in a Deed to Highway 30 Business (:enter, LLC, monied in Voiumc 8782. Page 199, in the n.P.R.H.C. to a S'8-inch iron rod with cap stamped "Jones & Carter. Inc.', set at a 8-inch creosote fence corner post found for an interior corner of the herein described tract and the southeasterly comer of said called 1.77-acre tract; THENCE North 25" 49' 24" East. 385.56 feet (called North 29' 20' 49" East. 383.73 feet) along thc southeasterly I inc of said called 1.77-acre tract. to a 5/8-inch iron rod with cap stamped "Jones & Carter, Inc.", set in the southwesterly right -of --way line of State Highway 30 (right-of-way width varies, and widened by Deed recorded in Volume 1029, Pagc 432, of tlx: O.P.R.B.C..) a found concrete monument bears North 66' 15' 15" West. 180.06 feet; THENCE along the southwesterly right-of-way line of said State Highway 30 and along northeasterly Tines of the herein described tract, following four (4) courses and distances: L South 66" 45' 01" East, 320.54 feel (called South 63' 42' 12" East, 320.00 feet) to a found concrete monument; 2. South 65° 44' 38" Fast. 482.80 feet (called South 62" 33' 27" East, 482.80 feet) to a 5/8-inch iron rod with cap stamped "Jones & Carter, Inc.", set for corner, a found 5 `8-inch iron rnd bears North 23' F.ast, 0A5 feet; 3. South 60' 50' 26" East. at 23.92 feet. pass a found hmkcn concrete monument. 1.91 feet left of line. and continue in all 274.50 feet. to a 5/8-inch iron rod with cap stamped "Jones & Carter, Inc.", set for corner, a found 3J&inch iron rod hears North 64° Fast. 0.30 feet; 4. South 59° 3 )' 26" East. a138.87 feet, pass a found 5/8-inch iron rod, 0.25 feet Icfi of line, and a found broken concrete monument, 2.28 feet left of line, and continue in all 48.11 fee(, to a 518-inch iron rod with cap stamped "Jones & Carter. Inc.", set for the most northerly northeast comer of the herein described tract and the northwest corner of the residue of a called 8-acre tract described in a I)eed to Patricia R. Pierce. recorded in Volume 1947, Pagc 80, O.P.R.H.C., a found 1/2-inch iron rod bears South 41' 33' West, 0.22 feet, and a found 518-inch iron rod bears South 59° 31' 26" East. 443.00 feet; THENCE. South 41° 33' 27" Weat, 595.87 feet (called South 44" 58' 51" West. 595.41 feet), leaving the southerly right-of-way lint of said State f Iigltway 30 along the northwesterly line of said Pierce tract and a northwesterly lino ofa called 4.35-acre tract described in a Deed to DACC Enterprises. Inc.. recorded in Volume 8472, Page 273, 0,P.R.H.C„ to a 518-inch iron rod with cap stamped "Jones & Carter, Inc.", act for corner fur an interior comer of the herein described tract and the southwesterly comer of said HACC Enterprises, tract; THENCE South 58° 54' 02" East (called South 55° 17' 36" East), at 393.43 feet, passing two 3;8-inch iron rods. 0.44 feet left of line, and continue in all 525.20 feet (called 523.89 feet). to a 5!8.inch iron rod with cap stamped "Junes & Carter, Inc.", set for comer in a southwesterly line ofa called 2.00- acre tract deecnhed in a Iked to Patricia Fowler and Kuck Fowler, recorded in Volume 3742. Page 262, O.P.R.B.C., said called 2-acre tract being a portion of Lot 2. Block 3 of (kcrficld Estates, recorded in Volume 376, Page 779, B.C.D.R., a found I" iron pipe bears South 13' East. 0.5 feet; THENCE South 38° 50' 59" West, 82.69 feet (called South 41° 30' 53" West.81.30 fret) to a 5/8- inch iron rod found at the southwest corner of said called 2.00-acre tract and thc northwest corner of called 4.73-acre tract described in a peed to Thomas D. Vasovski, recorded in Volume 4692, Page 16 ofthe O.P.R_B.C.: TIIENCF. South 41" 52' 35" Vi'cst. aksng the northwesterly line of said Block 3 of Deerfield Estates. at 211.55 feet. pays a found 5+8-inch iron rod on line, at 499.99 feet. pass a found V2-inch iron rod on line for the most westerly comer of said Vasovski tract and the most northerly corner of a called 2.19-aerc tract (Tract 3-D) described in a Deed to Thomas 1L Walton did Ronnie Y. Walton, recorded in Volume 4982, Page 227 of the O.P R.D.C., at 731.27 feet, pass a found 1 n-inch iron rod on line for a common comer of said called 2.19-acre tract and a called 2.15-acre tract ('tract 3-E.) also described in said Dccd to 'Dramas }I. Walton and Donnie Y. Walton. and continue in all 902.02 Page 8 of 20 Ba tk Vol fs nt76?1 B9 8919 :67 feet, to a 3/8-inch iron rod found for the most southerly southeast comer of the herein described tract, the most westerly coma of said culled 2.15-acre tract and the northeasterly comer of a called 2.77-acre tract described in a Deed to Frank W. Lawrence and Rennie Lawrence, recorded in Volume 2735, Page 210 of the O.P.R.B.C., and an interior comer of said Black 3, Deerfield Estates; THENCE North 48° 25' 24" West. (called Korth 44° 58' 19" West. 277.43 feet, and North 45' 01' 56" West. 243.49 feet) continuing along a northeasterly line of said Block 3, Deerfield Estates, at 277.07 feet, pass a found 3P8-inch iron rod, 0.20 feet right of !inc. for the most northerly corner of said called 2.77 acre tract, and the most westerly comer of the afutcmentioned called 2.00-acre Muessc tract and continue in nll a distance of 520.56 feet, to a 3/8-inch iron rod found for the most northerly corner said Muesse tract and an interior comer of the herein described tract; THENCE South 45° 27 43" West. 298.79 feet (called South 48' 47 30" West. 298 79 feet), along the northwesterly Zinc of said Muease tract and of said Block 3, Deerfield states to the POINT OF BEGINNING, CONTAINNG 44.26 acres (1,928,172 square feet) (Aland of Brana County, Texas, a shown on a Land Title Survey. Job Number 00045-00I-00. on file in the office of Jones & Carter. Inc. in College Station. Texas. Reservations from Conveyance: Nine Exceptions to Conveyance and Warranty: 1. Varying Width Easement on the northeast side from J.M. Graham to City of Bryan dated February 25, 1988 recorded in Voltune 1075, Page 775, Official Records. Braun County. Timm; as shown on survey prepared an September 22.2008, under the supervision of Larry DvLange, R.P,L.S. #4578. 2. Terms. Conditions, and Stipulations in the Agreement by and between City of College Station and Canyon Creek Partners, Ltd. dated August 30, 2006 recorded in Volume 7561. Page 213. Official Records, Brvzuxs County, Texas. 3. Easement awarded in Judgment bisects property fiom City of College Station to Canyon Creek Partners, I.td. and First Ag Credit, FLCA datcd March 23.2007 recorded in Volume 7876. Page 247, Official Records, Brazos County, Texas; as shown on sunny prepared on September 22, 2008, under the supervision of ].arty DeLange, R.P.L.S. 84578. 4. Oil and Gas Lease, and all terms. conditions and stipulations therein wherein Lessor is Joseph Milton Graham. et ux and Lessee is GSI Oil & Gas, Inc. dared August 2, 1991 recorded in Volume 1345. Page 60. Official Records, Brazos County, Texas. 5. Affidavit of Nqn uction by James 9. 1 atnplcy, Jr,dated November II, 21108 recorded in Volume .'r , Page ° -_, of{, Records, Brazos County, Texas. Grantor. for the Consideration and subject to the Reservation from Conveyance and the Exceptions to Conveyance and Warranty. grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging. to have and to hold it to Grantee and Grantee's heirs, successors. and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Properly to Grantee and Grantees heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any pan thereof when the claim is by. through. or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires. singular nouns and pronouns include the plural. Spec ,:J W,,.","y NM .,n Page 9 of 20 Do. Pk Vol P9 n1017621 OR 8919 763 Ad valorem taxes for thc current year have been prorated as of the date of delivery of this deed, and the Grantee by its acceptance hereof covenants and agrees to pay all ad valorem taxes upon the property from and including taxes for thc year 2009. By: STATE OF TEXAS COUNTY OF BRAZOS CANYON CREEK INTERESTS, LTD., SUCCESSOR RY AMENDMENT TO CANYON CREEK PARTNERS, LTD. acted for by AMERICAN COLLEGIATE HOUSING CORPORATION, a Texas corporation William Sullivan, Vicc President This instrument was acknowledged before me on the (!"day of January. 2009. by Vt'illiam Sullivan. Vice President of Amen zui Collegiate !lousing Corporation, a Texas corporation. general partner for CANYON CREEK INTERESTS, LTD., SUCCESSOR BY AMENDMENT TO CANYON CREEK PARTNERS. LTD. 1 MIKE GENTRY way Pot 81d1Tloa By Cotent dee Dora Ka a. 2018 RECORDIMi PAID FOR BY: U I C 00083561 AFTER RECORDING RETURN TO: (JTARY PUBLIC, State ofYcxas Notary's name printed: My commission expires: pg� '4 EL gi If PREPARED IN 'THE LAW OFFICE OF: - HOELSCIIER, LIPSEY & ELMORF., P.C. l021 Uaivctsily Drive East Collyle Station. Texas 77840 WCLr: 1,117lVYrcdar.11TOCANYON IIMJewdxpdp• SPECIAL. WARRANTY DEED WITH T..NDOR'S LIEN CANYON CREEK InTkRFSTS. LTD.. SUCCESSOR RY AMENDMENT 10 CANYON CREEK' PARTNERS. LTD. to HIGHWAY 30 BUSINESS CENTF.R. LLC Av..el Crewe. A..d 1•osv 4 Page 10 of 20 LESS 37.65 ACRES: Bill di: Return to University Title Company P.O. Drawer DT College Station Texas 77841 OTIKg- CE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE GF1f R ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. t.t VL.i f9 .:.:17764 DR 8921 :40 SPECIAL WARRANTY DEED Date. 3,c >. 7 , 2009 Grantor: Highway 30 uslnesa Center, LLC, a Texas limited liability company Grantor's Mailing Address: 3600 Lovett Lens, College Station, Texas 77845 Grantee: Mark Dudley Grantee's Mailing Address: 11370 State Highway 30, College Station, Texas 77845 Consideration: TEN AND NO/100 DOLLARS (810.00) and other good and valuable consideration Property (including any improvements). All that certain tract or parcel of land in Brazos County Texas containing 37.65 acres of land, more or leas, and more particularly described on attached Exhibit "A". Reservations from Conveyance: For purposes of the below described Reservations from Conveyance, the term Groundwater shall have the following meaning: All of the underground water, percolating water, artesian water, and any other water from any and all depths and reservoirs, formations, depths and horizons beneath the surface of the Property, excluding underflow or flow in a defined subterranean channel, SAVE AND EXCEPT, Groundwater, as that term is used herein, shall riot include underground water, percolating water. artesian water, and any other water from any and all depths and reservoirs, formations, depths and honzons beneath the surface of the Property that may be produced for use on the surface of land from which it is taken. For Grantor and Grantor's heirs, successors, and assigns forever, a reservation of an undivided 41.22% of all Groundwater in and under and that may be produced from the Property. If the Groundwater estate is subject to existing production or an existing license, the production, the license, and all benefits from it are allocated between Grantor and Grantee in proportion to their ownership in the Groundwater estate. For Grantor and Grantor's heirs, successors, and assigns forever, a reservation of an undivided 41.22% of all oil. gas. and other minerals in and under and that may be produced from the Property. Grantor makes this reservation based on the understanding that Grantor owns 100% of the oil, gas. and other minerals in and under and that may be produced from the Property and it is Grantor's express intent to reserve 41.22% of 100% of the oil, gas and other minerals in and under and that may be produced from the Property. It is further Grantor's intent to convey 58.78% of the oil, gas and other minerals in and under and that may be produced from the Property to Grantee. If it is determined at a later date that Grantor owned less than 100% of the oil. gas and other minerals in and under and that may be produced from the Property at the time of this reservation, it is the Grantor's intent to reserve 41.22% of the oil, gas and other minerals that Grantor owned at the time of this reservation. It is further Grantor's intent that It, at the time of this reservation. Grantor owned Tess than 100% of the o11. gas and other minerals in and under Special Warranty Deed Page 1 of 7 P:l3entrylLovett Hwy 30_199411Dudley Contract\Special Warranty Deedv3 doc Page 11 of 20 (Tr riQt ('9 .617'6• 39Z1 21)1 and that may be produced from the Property, to convey 58.78% of the oil, gas and other minerals Grantor owned at the time of this reservation to Grantee. Grantor waives and conveys to Grantee the right of ingress and egress to and from the surface of the Property relating to the portion of the mineral estate and Groundwater estate owned by Grantor. Nothing herein. however, restricts or prohibits the pooling or unitization of the portion of the mineral estate or Groundwater estate owned by Grantor with land other than the Property; or the exploration or production of the oil, gas, and other minerals or Groundwater by means of wells that are drilled or mines that open on land other than the Property but enter or bottom under the Property, provided that these operations in no manner interfere with the surface or subsurface support of any improvements constructed or to be constructed on the Property. Exceptions to Conveyance and Warranty - a. Easement from J.M. Graham to City of Bryan, dated February 25, 1988, recorded in Volume 1075, Page 775 of the Official Records, Brazos County, Texas. b. Terms, Conditions, and Stipulations in the Agreement by and between City of College Station and Canyon Creek Partners, Ltd., dated August 30, 2006, recorded in Volume 7561, Page 213, Official Records. Brazos County, Texas. c. Easement awarded in Judgment from City of College Station to Canyon Creek Partners, Ltd. and First Ag Credit, FICA, dated March 23, 2007, recorded in Volume 7876, Page 247, Official Records, Brazos County, Texas. d. Oil and Gas Lease, and all terms. conditions and stipulations therein. by and between Joseph Milton Graham, et ux to GSI Oil 8 Gas, Inc., dated August 2, 1991, recorded in Volume 1345, Page 60, Official Records, Brazos County, Texas. Affidavit of Non u i6 Jagies L&mptey, Jr. dated November 11, 2008 recorded in • Vulinr a iS Records, Brazos County, Texas Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, setts, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs. successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend aff and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through. or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. Subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty Grantor and Grantor's heirs, successors. and assigns grants a non-exclusive. perpetual, easement to Grantee for the benefit of the Property over, on. and across all that certain tract or parcel of land in Brazos County Texas containing 0.2297 acres of land, more or less, and more particularly described on xhtbft "8" which is attached hereto (the 'Eastoment Property') to provide free and uninterrupted pedestrian and vehicular ingress and egress to and from State Highway 30. The easement is appurtenant to and runs with the Property, The owner of the fee title to the Easement Property shall be responsible for the maintenance of any driveway improvements constructed on the Easement Property, Men the context requires, singular nouns and pronouns include the plural, Special Warranty Deed Page 2 of 7 P:1Gentrylovett Hwy 30 19941SDudtey CnnlraciiSpedal Warranty Deedv3.doc Page 12 of 20 uc- d: 'n 2C'2 GRANTOR: Highway 30 Business Center, LLC, a Texas limited liability company S van rent Lovett, Managing Member STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on en- :I 7 . 2009, by Steven Trent Lovett, Managing Member of Highway 30 Business Center, ACC, a Texas limited liability company. MIKE GENTRY Weft 2012 PREPARED IN THE LAW OFFICE OF West, Webb, Allbritton 8 Gentry, P.C. 1515 Emerald Plaza College Station, Texas 77845 (Michael H. Gentry) otary u le,''S -te o Texa Special Warranty Deed Page 3 of 7 P:1Gentry\Lovett Hwy 30_199411Dudley ContrachSpeclal Warranty Deedv3.doc Page 13 of 20 .'c : °•l Vc'! f'e Jfi Yi921 203 EXHIBIT "A" A METES AND BOUNDS description of a certain 37.85 acre tract of land, being a portion of a called 44 24 acre tract described in a deed to Canyon Creek Partners, Ltd.. recorded in Volume 5839, Page 26 of the Official Public Records of Brazos County (O.P.R.B.C.), in the Maria Kegans Survey. Abstract No. 28, Brazos County. Texas said 37 65 acres being more particularly described as follows (all bearings being based on a call of North 45°14'25" East along the commencing call of a utility easement described in an Agreed Final Judgment to the City of College Station. recorded in Volume 7876. Page 247 of the O.P,R,B.C.): BEGINNING a 1/2-inch iron rod found In the southwesterly base of a 48-Inch oak tree in the northeasterly right-of-way line of Nunn•Jones Road (right-of-way varies) for the most southerly corner of the herein described tract and the most westerly comer of a called 2.00-acre tract described in a deed to Leonard L. Muesse and Lily K. Muesse, recorded in Volume 1396, Page 22 of the O.P.R.B C.; THENCE, North 16'02'144 West, 1357.50 feet (called North 12°33'13" West. 1357.50 feet) along the northeasterly right-of-way line of said Nunn -Jones Road and generally following a fence line, to a 5/8-inch iron rod with cap stamped 'Jones & Carter, Inc.', set at an angle point in said right- of-way; THENCE. North 18'54'33' East, 22.27 feet (called North 22'09'44' East.) continuing along the northeasterly right-of-way line of Nunn -Jones Road and generally following a fence line, to a 5/8- inch iron rod with cap stamped "Jones & Carter, Inc.', set for the most westerly northwest corner of the herein described tract; THENCE, leaving the northeasterly right-of-way line of said Nunn -Jones Road and severing said called 44,24 acre tract, along the following five (5) courses and distances: 1. South 65°39'34" East, 380.42 feet, to a 5/8-Inch iron rod with cap stamped "Jones & Carter, Inc.'. set for corner; 2. Along the arc of a 100.00-foot radius, non -tangent curve to the right, having a central angle of 91'46'51", an arc length of 160 19 feet, and a chord which bears North 76'32'01- East, a distance of 143.60 feet. to a 5/8-inch iron rod with cap stamped "Jones & Carter, Inc.'. set for corner: 3. North 25°49'24" East. 186.98 feet. to a 5/8-Inch iron rod with cap stamped 'Jones & Carter, Inc.", set for corner; 4. South 65°31'31" East, 200.08 feet, to a 5/8-inch iron rod with cap stamped "Jones & Carter, Inc `, set for corner, and 5. North 25°49'24" East, 392.72 feet, to a 5/8-inch iron rod with cap stamped -Jones & Carter, Inc.", set for corner in the southwesterly right-of-way line of State Highway 30 (right-of-way width varies, and widened by deed recorded in Volume 1029. Page 432. of the O.P.R.B C) a found concrete monument bears North 65°44'38' West, 79 81 feet; THENCE. along the southwesterly right-of-way line of said State Highway 30 and along northeasterly lines of the herein described tract, the following three (3) courses and distances: 1. South 65°44'38' East, 402.99 feet (called South 62°33'27" East) to a 5/8-inch iron rod with cap stamped "Jones & Carter, Inc.'. set for corner, a found 5/8-inch iron rod bears North 23' East, 0.45 feet; Special Warranty Deed Page 4 of 7 P;1GentrytLovett Hwy 30_19941\Dudley Contracl\Special Warranty Deedv3 doc Page 14 of 20 Dec 'rtQt7764 OR 3921 2r14 2. South 60°50'26" East, at 23.92 feet, pass a found broken concrete monument, 1.91 feet left of line, and continue in all 274,50 feet, to a 5/8-inch iron rod with cap stamped 'Jones & Carter. Inc.', set for comer, a found 3/8-inch iron rod bears North 64° East, 0.30 leet, 3. South 59631'26" East, at 38.87 feet. pass a found 5/8-inch Iron rod, 0.25 feet left of line, and a found broken concrete monument, 2.28 feet !eft of line, and continue in all 48.11 feet to a 5/8-inch iron rod with cap stamped 'Jones & Carter, Inc', set for the most northerly northeast comer of the herein described tract and the northwest comer of the residue of a called 8-acre tract described in a deed to Patricia R. Pierce, recorded In Volume 1947, Page 80, O.P.R.B.C., a found 1/2-inch iron rod bears South 41 °33' West, 0.22 feet, and a found 5/8- inch iron rod bears South 59°31'26" East, 443.00 feet. THENCE, South 41°33'27" West, 595.87 feet (called South 44°58'51" West, 595.41 feet), leaving the southerly right-of-way line of said State Highway 30 along the northwesterly line of said Pierce tract and a northwesterly line of a called 4.35-acre tract described in a deed to BACC Enterprises, Inc., recorded in Volume 8472. Page 273. O.P.R.B.C., to a 5/8-Inch Iron rod with cap stamped 'Jones & Carter. Inc '. set for corner for an interior corner of the herein described tract and the southwesterly corner of said BACC Enterprises tract; THENCE. South 58°54'02" East (called South 55'17'36' East), at 393.43 feet, passing two 3/8- Inch iron rods, 0.44 feet left of line. and continue in all 525.20 feet (called 523.89 feet), to a 5/8- inch iron rod with cap stamped "Jones & Carter, Inc.", set for corner in a northwesterly line of a called 2.00-acre tract described in a deed to Patricia Fowler and Kurk Fowler, recorded Volume 3742, Page 262, O.P.R.B.C., said called 2-acre tract being a portion of Lot 2. Block 3 of Deerfield Estates, recorded in Volume 378, Page 779, B.C.t1.R., a found 1" iron pipe bears South 13' East. 0.5 feet: THENCE, South 38°50'59" West, 82,69 feet (called South 41°30'53' West, 81.30 feet) to a 5/8- inch iron rod found at the southwest corner of said called 2 00-acre tract and the northwest corner of called 4.73-acre tract described in a deed to Thomas D Vasovski, recorded in Volume 4692, Page 16 of the 0 P R.B.C.; THENCE, South 41'52'35' West, along the northwesterly line of said Block 3 of Deerfield Estates, at 211.55 feet, pass a found 5/8-inch iron rod on line, at 499.99 feet, pass a found 1/2- Inch iron rod on line for the most westerly corner of said Vasovskl tract and the most northerly corner of a called 2.19-acre tract (Tract 3-D) described in a deed to Thomas H. Walton and Bonnie Y. Walton, recorded In Volume 4982, Page 227 of the 0.P.R.13,C , at 731.27 feet, pass a found 1/2-inch Iron rod on line for a common corner of said called 2.19-acre tract and a called 2.15-acre tract (Tract 3-E) also described in said deed to Thomas H. Walton and Bonnie Y. Walton, and continue in all 902.02 feet. to a 3/8-inch iron rod found for the most southerly southeast corner of the herein described tract. the most westerly corner of said called 2.15-acre tract and the northeasterly corner of a called 2.77-acre tract described in a deed to Frank W. Lawrence and Bonnie Lawrence, recorded in Volume 2735, Page 210 of the 0.P R B.C., and an Interior corner of said Block 3, Deerfield Estates, THENCE, North 48°25'24" West, (called North 44°58'19' West, 277.43 feet, and North 45'01'56' West, 243.49 feet) continuing along a northeasterly line of said Block 3. Deerfield Estates, at 277.07 feet, pass a found 3/8-inch iron rod, 0.20 feet right of line, for the most northerly corner of said called 2.77 acre tract, and the most westerly corner of the aforementioned called 2.00-acre Muesse tract and continue in all a distance of 520 56 feet, to a 3/8-inch Iron rod found for the most northerly corner said Muesse tract and an interior corner of the herein described tract, THENCE, South 45.'22'43' West. 298.79 feet (called South 48°47'30' West, 298 79 feet), along the northwesterly line of said Muesse tract and of said Block 3, Deerfield Estates to the POINT Special Warranty Deed Page 5 of 7 P.'GentrylLovett Hwy 30_199410udley ConfadtSpecial Warranty Oeedv3.doc Page 15 of 20 tioc eit Vol Pg 0101'1764 % 8921 205 OF BEGINNING, CONTAINING 37.65 acres (1,640,141 square feet) of land in Brazos County, Texas. as shown on a Land Title Survey, Job Number C0045-001-00, on file in the office of Jones & Carter, Inc. in College Station, Texas. Special Warranty Deed Page 6 of 7 P:\GentrykLovett Hwy 30_19941\Dudley Contract'SpecIal Warranty Doedv3 doc Page 16 of 20 Oa: Sl Vol F3 111017764 OR 8921 206 EXHIBIT B A METES AND BOUNDS description of a certain 0.2297-acre tract of land, being a portion of a called 44.24 acre tract described In a deed to Canyon Greek Partners, Ltd., recorded in Volume 5639, Page 26 of the Official Public Records of Brazos County (O.P.R.B.C.), in the Maria Kegans Survey, Abstract No. 28, Brazos County, Texas said 0.2297 acres being more particularly described as follows (all bearings being based on a call of North 45'14'25" East along the commencing call of a utility easement described In an Agreed Final Judgment to the City of College Station, recorded in Volume 7876, Page 247 of the O.P.R.B.C.); COMMENCING at a 5/8-Inch iron rod with 'Jones & Carter, Inc.' set in the south right-of-way line of State Highway 30 (variable width right-of-way) for the northwesterly corner of said 44 24 acre tract, said corner also being the northeasterly comer of a called 1.77-acre tract described in a deed to Highway 30 Business Center, LLC, recorded in Volume 8782, Page 199, of the O.P,R.B C.: THENCE, South 66°45'01" East. 200.20 feet, along the southerly right-of-way line of State Highway 30, to the POINT OF BEGINNING of the herein descnbed tract THENCE, continuing along the southerty right-of-way line of State Highway 30, as follows. South 68'45'01" East, 120.33 feet, to a concrete highway monument found for a corner; South 65444'38" East, 79.81 feet, to the northeast comer of the herein described tract; THENCE, South 25°49'24" West, 50.02 feet, leaving the southerty right-of-way of said State Highway 30, to a point for a comer, THENCE, North 65°44'38" West, 78.01 feet, to a point for a comer, THENCE, North 86°45'01" West, 122.14 feet, to a paint for a corner; THENCE, North 25'49'24" East, 50.05 feet, to the POINT OF BEGINNING, and containing a computed area of 0 2297 acres (10,008 square feet) as shown on an exhibit map, Job Number C0045-001-00, contained herein and on file In the office of Jones & Carter, Inc. in College Station, Texas .y 9 - 1,. . 6 ,Q a O C t- a n r^�, D a.§ -- . S �} o F. 1- f -f Q. , 0' - -i = i pDo -O N • g R C ,q ', � v st. m ry, A ■r i- w • a-V'y. ., _G i C M O V - pll •,sS w a gRp■Ca Special Warranty 0d O S y P:lGentrylLovett Hwyy 30_199411Dudley ConlradSSpecial Warrantyd_ _iedJ3� Page 17 of 20 Page 7of7 1.77 ACRES 28517 28516 - 28515 26516 29519 sly. a!°!•. r• you `..<196yiy,O dY 30 12153 105344 12152 4132 (1 o13) ► ❑ X 12163 Parcel Owner: HIGHWAY 30 BUSINESS CENTER LLC . r.-. Mort Frou m .. CY.ck H?re for ;IS Snap^' Ie Csta Property Information Property ID: 2152 Legal Acreage. 1 77 G E O ID: 002800.000 5-0003 Legal Description: A002800, :1ARIA KEGAN 'OCL) 7RAC' 5 '.77 ACRES Tract or Lot 5 Abstract Subdivision Code: A002800 Block: Neighborhood Code: 021337 BB School District: S I 1.2150 Page 18 of 20 44.26 ACRES — 37.65 ACRES = 6.61 ACRES 28515 28519 • 12150 Parcel Owner: HIGHWAY 30 BUSINESS CENTER LLC Property Information Information Property ID: !Z 50 Legal Acreage: 6.61 GEO ID: 00:500-000:1-0100 Legal Descopton: A002800 mARIA REGAN :OCL: TRAC7 4. 6.61 ACRES Train or Lot: 4 Abstract Subthvision Code: ACO2800 Block: Neighborhood Code: I.102000.0 School District SI Page 19 of 20 EXHIBIT B AFFIDAVIT OF (NAME OF LANDOWNER) IN SUPPORT OF PETITION FOR RELEASE FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF (CITY NAME) Before me, the undersigned authority, on this day personally appeared, Steven Trent Lovett, who under oath stated as follows: 1. My name is Steven Trent Lovett. I am over eighteen (18) years of age and am legally competent to make this affidavit, which is true and correct, and is made voluntarily and not under duress. 2. As the Managing Member of Highway 30 Business Center LLC, I am authorized to submit this Petition on its behalf. 3. Highway 30 Business Center LLC is a property owner in the extraterritorial jurisdiction of the City of College Station. Its property is located at the following addresses: 10010 & 10022 SH 30, College Station, Texas 77845, PID's 12150 & 12152 (the "Property"). 4. There is one owner of the Property: Highway 30 Business Center LLC. Highway 30 Business Center LLC owns 100% of the interest in the Property. 5. I swear that the Property is not: (1) within five miles of the boundary of a military base, as defined by Tex. Loc. Gov't Code § 43.0117, at which an active training program is conducted; (2) in an area that was voluntarily annexed into the extraterritorial jurisdiction that is located in a county: (a) in which the population grew by more than 50 percent from the previous federal decennial census in the federal decennial census conducted in 2020, and (b) that has a population greater than 240,000; (3) within the portion of the extraterritorial jurisdiction of a municipality with a population of more than 1.4 million that is: (a) within 15 miles of the boundary of a military base, as defined by Tex. Loc. Gov't Code § 43.0117, at which an active training program is conducted, and (b) in a county with a population of more than 2 million; (4) in an area designated as an industrial district under Tex. Loc. Gov't Code § 42.044; or (5) in an area subject to a strategic partnership agreement entered into under Tex. Loc. Gov't Code § 43.0751. 6. I swear that the petition contains my valid and true (1) signature, (2) printed name, (3) date of birth; voter registration number; county of voter registration, (4) residence address, and (5) date of which I signed such petition. 7. I swear that I satisfied the signature requirement of Tex. Loc. Gov't Code § 42.104(b) within 180 days following the date the first signature for the petition was obtained. Steven Trent Lovett, Managing Member Sworn and subscribed to before me on this the 19th day of November 2024. ,chit, "rl 4/17 Nory Public in and for the State of Texas Page 20 of 20