HomeMy WebLinkAbout06-09-16-02 - Resolution - 06/09/2016RESOLUTION NO. 06-09-16-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, GRANTING CONDITIONAL CONSENT TO THE FORMATION OF UP TO
FIVE MUNICIPAL UTILITY DISTRICTS WITHIN THE CITY'S
EXTRA TERRITORIAL JURISDICTION
WHEREAS, the owners of approximately 2,3 54 acres of land, more particularly described
in Exhibit "A" attached hereto and incorporated herein (the "Land") have filed a petition
requesting consent to create up to five Municipal Utility Districts (each referred to as
"District" or collectively as the "Districts") from the City of College Station (the "City");
and
WHEREAS, the City is empowered under state law to exercise authority over municipal
utility districts located within the City's Extraterritorial Jurisdiction; and
WHEREAS, the Land proposed to be included in the Districts lies within the
Extraterritorial Jurisdiction of the City; and
WHEREAS, the Districts' plan to provide water, sanitary sewer, drainage, road and other
services to the Land; and
WHEREAS, the owners of the Land have requested conditional consent to the creation of
the Districts prior to the City and the owners negotiating and entering into one or more
agreements that address the issues related to development of the Land by the owners and
by the Districts including without limitation water supply, wastewater treatment, drainage,
roads, application of certain City ordinances and standards, parks, and the needs of the City
in relation to the annexation of the Land into the City so that the owners may pursue
creation of the Districts through the Texas Commission on Environmental Quality while
such agreements are being negotiated with the goal of the District holding the required
election on the uniform election date in May 201 7; and
WHEREAS, the City desires to grant its conditional consent to creation of the Districts and
the inclusion of the Land within the City's Extraterritorial Jurisdiction in such Districts in
the event that the Districts are created; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1:
PART2:
That the City Council hereby grants its conditional consent to the creation
of the Districts and the inclusion of the Land in such Districts subject to and
specifically conditioned upon the following:
That the consent in this Resolution is conditioned upon the owners of the
Land entering into one or more agreements with the City on or before
February 1 7, 201 7, to address the issues related to development of the Land
Resolution No. 06-09-16-02 Page 2of13
PART 3:
PART4:
by the owners and by the Districts including without limitation water
supply, wastewater treatment, drainage, roads, application of certain City
ordinances and standards, parks, and the needs of the City in relation to the
annexation of the Land into the City.
That the consent in this Resolution is conditioned upon compliance with the
written policies adopted by the City Council of the City of College Station
regarding municipal utility districts, including the policy attached hereto as
Exhibit B, provided however that the City:
(a) Acknowledges that the Land is also within the boundaries of Wellborn
Special Utility District (the "SUD") and therefore, water supply shall be
provided by the SUD and all water facilities constructed by the Districts
will become facilities of the SUD upon dissolution of the Districts, and
(b) Hereby waives the requirement that all water facilities shall become part
of the City's system upon dissolution of the Districts.
That the District may issue bonds only for the purpose of acquiring,
purchasing or constructing, under contract with the City of College
Station (the "City") or otherwise, waterworks systems, wastewater
systems, stormwater systems, drainage facilities, and road facilities, or
parts of such systems or facilities, and to make any and all necessary
purchases, construction, improvements, extensions, additions and
repairs thereto, and to purchase or acquire all necessary land, right-of
way easements, sites, equipment, buildings, plants, structures and
facilities therefor, and to operate and maintain the same, and to sell
water, wastewater and other services within or without the boundaries
of the District, unless otherwise agreed to by the City. Such bonds shall
expressly provide that the District shall reserve the right to redeem said
bonds on any interest payment date subsequent to the tenth (10th)
anniversary of the date of issuance without premium and shall only be
sold after the taking of public bids therefor, other than refunding bonds,
which may be sold on a neg otiated basis, and none of such bonds, other
than refunding bonds, shall be sold for less than ninety-five (95) percent
of par; provided that the net effective interest rate on bonds so sold,
taking into account any discount or premium as well as the interest rate
borne by such bonds, shall not exceed two (2) percent above the highest
average interest rate reported by the Daily Bond Buyer in its weekly
"20 Bond Index" during the one-month period next preceding the first
date notice of the sale of such bonds is published, and bids for the bonds
shall be received not more than forty-five ( 45) days after notice of sale
of the bonds if so published. The resolution or order authorizing the
issuance of the District's bonds will contain, if applicable, a provision that
the pledge of the revenues from the operation of the District's water and
wastewater and/or drainage systems to the payment of the District's bonds
Resolution No. 06-09-16-02 Page 3of13
PARTS
will terminate if and when the City annexes the District or takes over the
assets of the District and assumes all of the obligations of the District. No
land will be added or annexed to the District until the City has given its
written consent by action of the City Council on such addition or
annexation. No bonds of the District may be issued without specific City
consent if the City has given notice to the District that it intends to annex
and/or dissolve the District within 365 or fewer days after such notice. The
District will promptly provide the City with the Official Statement
regarding the issuance of the bonds, once it is complete. If the DistTict is a
municipal management district, it shall obtain City approval of all bonds it
issues in accordance with Section 375.207, Texas Local Government Code.
The District must obtain City approval to issue refunding bonds.
Refunding bonds must comply with all City ordinances pertaining the
sale of refunding bonds by a District within the City's boundaries or its
extra-territorial jurisdiction, as such ordinances may be amended from
time to time.
That before the commencement of any construction within the District, the
District, its directors, officers, or developers and/or landowners shall submit
to the Director of the Planning & Development Services of the City, or to
his designee, all plans and specifications for the construction of water,
wastewater, drainage, recreational and road facilities and related
improvements to serve the District and obtain the City's approval of such
plans and specifications. All water wells, water meters, flushing valves,
valves, pipes and appurtenances thereto, installed or used within the
District, shall conform exactly to the then-applicable specifications of the
City. All water service lines, wastewater service lines, lift stations,
wastewater treatment facilities, road facilities and appurtenances thereto
installed or used within the District shall comply with the City's standards,
the approved plans and specifications and the then-applicable ordinances,
resolutions, or regulations of the City, unless otherwise agreed to in writing
by the City and the District. Prior to the construction of such facilities within
or by the District, the District or its engineer shall give written notice by
registered or certified mail to the Director of Planning & Development
Services of the City, or his designee, stating the date on which such
construction will be commenced. The construction of the District's water,
wastewater, drainage, and road facilities shall be in accordance with the
approved plans and specifications and with applicable standards and
specifications of the City and as approved by the City Engineer of the City.
During the progress of the construction and installation of such facilities, a
designated representative of the City may make periodic on-the-ground
inspections in order to determine that the installation and construction
conform with the approved plans and specifications and the applicable
standards and specifications of the City. In the event that it is determined
by the representative of the City that construction and/or installations are
not being performed in conformance with the approved plans and
Resolution No. 06-09-16-02 Page 4of13
PART6
PART7
PARTS
specifications and with the applicable standards and specifications of the
City, upon being so informed by a duly designated City representative, the
District agrees to discontinue further construction and installation of all
facilities until the cause of the non-compliance is resolved.
That in the event that the District operates a wastewater treatment plant, the
District agrees it will employ a wastewater plant operator holding an
applicable, valid certificate of competency issued under the direction of the
Texas Commission on Environmental Quality ("TCEQ"). If the District
operates the plant, the District shall make periodic analyses of its discharge
pursuant to the rules of the TCEQ and shall send copies of all such effluent
data to the Department of Public Works of the City, as well as to the TCEQ.
Representatives of the City may supervise the continued operations of the
wastewater treatment facility by making periodic inspections thereof.
That the District shall not provide water, wastewater or drainage facilities
to any tract of land until the owner or developer of said tract has, prior to
the sale of any subdivided lots or parcels of land, duly recorded a plat in the
map and plat records of the county in which the District lies and which plat
has been previously approved by the Planning and Zoning Commission of
the City. If the District contracts with the City for water supply or
wastewater treatment services, the District may not provide service to any
land outside its boundaries without the prior written consent of the City.
That the term "consent" as used in this Resolution has the meaning provide
in Section 42.042 (d), Texas Local Government Code, to wit, authorization
to initiate proceedings to create the District as provided by law.
PASSED and APPROVED this 9111 day of June, 2016.
ATTEST:
251��)-L__ City Secreta
APPROVED �:
(&uh il � City Attorney
APPROVED: �EF�
Resolution No. 06-09-16-02 Page 5of13
EXHIBIT "A"
Resolution No. 06-09-16-02 Page 6of13
Peach Creek Partners, LTD., et al
2,354 Acres in Two Tracts
Various Surveys In southern Brazos County
Tract One
STATE OF TEXAS
COUNTY OF BRAZOS
§
§
A METES AND BOUNDS description of a certain 2,451 acre tract of land out of the following surveys:
Jose Maria Barrera Survey, Abstract No. 67,
Jose Maria Barrera Survey, Abstract No. 68,
Jose Maria Barrera Survey, Abstract No. 69,
Jesse Evans Survey, Abstract No. 110,
Thomas Henry Survey, Abstract No. 130,
Andrew D. Houston Survey, Abstract No. 133,
Henry G. Hudson Survey, Abstract No. 140,
Henry G. Hudson Survey, Abstract No. 141,
Archibald D. Lancaster Survey, Abstract No. 151,
Archibald Mclaughlin Survey, Abstract No. 158,
Thomas H. Mays Survey, Abstract No. 161,
Andrew Miller Survey, Abstract No. 165,
Bartlett McGregor Survey, Abstract No. 171,
Diadem Millican Survey, Abstract No. 178,
Jefferson P. Mitchell Survey, Abstract No. 179,
Clement Raney Survey, Abstract No. 201,
John W. Ste wart Survey, Abstract No. 213,
In Brazos County, Texas, being all or part of the following described properties:
1. a called 82.453 acre tract to RB Ventures I, LLC, recor ded In Volume 12300, Page 5, of the
Official Public Records of Brazos County, Texas, (OPRBCT),
2. a called 94.048 acre tract to RB Ventures I, LLC, recorded in Volume 12300, Page 20, OPRBCT,
3. a called 10.001 acre tract to John E. McFarlane, Jr. and Erin M. McFarlane, recorded in
Volume 9422, Page 180, OPRBCT,
4. a called 122.98 acres (Tract One) to 5271 Memorial Partners, LTD., as recorded in Volume
6396, Page 106, OPRBCT,
5. various tracts to Peach Creek Partners, LTD., being described as follows:
a. All of a called 76.698 acre tract to Peach Creek Partners described In Volume 12300,
Page 13, OPRBCT,
b. A portion of a called 39.705 acre tract to Peach Creek Partners, LTD., described in
Volume 12468, Page 57, OPRBCT,
c. All of a called 49. 78 acre tract to Peach Creek Partners, LTD., described In Volume
8913, Page 80, OPRBCT,
d. A portion of a called 62.568 acre tract to Peach Creek Partners, LTD., described in
Volume 5070, Page 71, OPRBCT,
e. A portion of a called 235.123 acre tract to Peach Creek Partners, LTD., described in
Volume 04227, Page 00135, OPRBCT,
1
Resolution No. 06-09-16-02 Page 7of13
Peach Creek Partners, LTD., et al
2,354 Acres in Two Tracts
Various Surveys in southern Brazos County
f. Portions of the property conveyed to Peach Creek Partners, LTD., as recorded in
Volume 04227, Page 00119, OPRBCT, also described in Volume 04227, Page 0014 5,
OPRBCT, as follows:
1. A portion of a called 167 .36 acre tract as described In Exhibit A,
2. A portion of a called 1215.830 acre tract described as Tract One, Exhibit B,
3. A portion of a called 1213.537 acre tract described as Tract Two, Exhibit 81
4. All of a called 141.460 acre tract descr!bed as Tract Three, Exhibit B,
Said 2,451 acres being more particularly described by metes and bounds as follows with all bearings
being based on the most north line of said 1215.830 acre tract having a record bearing of South
88°34'00'' East recorded in Volume 04227, Page 00145, OPRBCT;
BEGINNING at the southwest corner of the 1215.830 acres conveyed to Peach Creek Partners, LTD,
recorded in Volume 4227, Page 145, OPRBCT;
THENCE, North 02°07'00" East, along a west line of said 1215.830 acre tract, 1855.56 feet to a point for
corner;
THENCE, North 01°0310011 East, continuing along a west line of said 1215.830 acre tract, 479.44 feet to a
polnt for corner in the southwest line of the Atchison, Topeka, and Santa Fe Railway Company railroad
rlght-of-way;
THENCE, North 01°05'0011 West, crossing said railroad right-of-way and the right-of-way of Farm to
Market Highway No. 2154 a dlstance of 248.61 feet to a point for corner in the northeast line of said FM
2154 right-of-way;
THENCE, North 01°1214111 West, contlnuing along a west line of said 1215.830 acre tract, 782.28 feet to a
point for corner, being the southwest corner of a 26.587 acre tract conveyed as a 1/2 undivided interest
to DuBois Children's Limited Partnership, LTD, recorded In Volume 12468, Page 57, OPRBCT;
THENCE, along the south and east lines of said 26.587 acre tract the following five (5) courses and
distances:
1. North 88°11'0311 East, a distance of 371.48 feet to a point for corner;
2. North 68°06'25" East, a distance of 581.47 feet to a point for corner;
3. North 21°30'46" West, a distance of 343.01 feet to a point for corner, being the beginning of
a tangent curve to the right;
4. with a curve to the right, having an arc length of 1157.30 feet, a radius of 3000.00 feet, a
delta angle of 22°06'10", and a chord bearing of North 10°27'41" West 1150.14 feet, to a
point for corner marking a point of tangency;
5. North 00°35'2411 East, passing at a distance of 86.88 feet the northeast corner of said 26.587
acre tract and the southeast corner of a called 5.763 acre tract conveyed to DuBois
Children's Limited Partnership, LTD, recorded In Volume 12468, Page 57, OPRBCT,
continuing in all a total distance of 508.48 feet to a point for corner In the south line of an
86.835 acre tract conveyed to Millican DPC Partners, LP, recorded in Volume 9981, Page
290, OPRBCT;
2
Resolution No. 06-09-16-02 Page 8 of.13
Peach Creek Partners, LTD., et al
2,354 Acres in Two Tracts
Various Surveys In southern Brazos County
THENCE, North 69°40'32" East, with the south line of said 86.835 acre tract, 2301.29 feet to a point for
corner being the south corner of a 10.445 acre tract conveyed to John T. Jaques and l<amela A. Jaques
recorded in Volume 9286, Page 43, OPRBCT, and corrected as an 11.972 acre tract in Volume 9981, Page
276, OPRBCT;
THENCE, North 69°40'33" East, with the southeast line of said Jaques tract and the southeast ilne of the
remainder of a 103.4 acre tract conveyed to Millican DPC Partners, LP, recorded in Volume 9981, Page
276, a distance of 1644.73 feet to a point for corner;
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 In a west line of aforeme ntioned 1215.830 acre tract;
THENCE, with the west and north lines of said 1215.830 acre tract, the following four (4 ) courses and
distances:
1. North 00°03'00" East, 937.50 feet to a point for corner;
2. North 19°35'00" West, 460.00 feet to a point for corner;
3. North 13°17'00" East, 680.56 feet to a point for corner;
4. South 88°34'00" East, 1930.00 feet to a point for corner, being the northeast corner of said
1215.830 acre tract and the northwest corner of a called 235.123 acre tract conveyed to
Peach Creek Partners, LTD, recorded in Volume 4227, Page 135, OPRBCT;
THENCE, with the north llne of said 235.123 acre tract, the following four (4 ) courses and distances:
1. North 87"19'00" 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 point for corner;
4. North 47°16'00" East, 246.14 feet to a point for corner, being the northeast corner of said
235.123 acre tract and the most westerly northwest corner of a called 1213.537 acre tract
conveyed to Peach Creek Partners, LTD, recorded in Volume 4227, Page 145, OPRBCT;
THENCE, with the north line of said 1213.537 acre tract, the following three (3) courses and distances:
1. North 47°2810011 East, 173.89 feet to a point for corner;
2. South 64°2510011 East, 234.17 feet to a point for corner;
3. North 62°30'00" East, 637.50 feet to a point for corner, being a northeast corner of said
1213.537 acre tract and the northwest corner of a called 141.460 acre tract (Tract Three)
conveyed to Peach Creek Partners, LTD, recorded in Volume 4227, Page 145, OPRBCT;
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 line of a 94.048 acre tract conveyed to
RB Ventures I, LLC, recorded in Volume 12300, Page 20, OPRBCT;
THENCE, with the west and north lines of said 94.048 acre tract, the following seven (7) courses and
distances:
1. North 00°10'21" West, 2075.08 feet to a point for corner;
2. North 40°29'41" West, 18.39 feet to a point for corner;
3. North 04°0512211 West, 102.71 feet to a point for corner;
3
Resolution No. 06-09-16-02 Page 9of13
Peach Creek Partners, LTD., et al
2,354 Acres in Two Tracts
Various Surveys In southern Brazos County
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 88°03'52" 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 northeast corner of said
94.048 acre tract 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, OPRBCT;
THENCE, North 85°2815311 East, along the north line of said 10.001 acre tract, 491.52 feet to a point for
corner;
THENCE, South 89°47'44" East, passing the northeast corner of said 10.001 acre tract being a northwest
corner of an 82.453 acre tract conveyed to RB Ventures I, LLC, recorded in Volume 12300, Page 5,
OPRBCT, continuing with the north line of said 82.453 acre tract, for a total distance of 999.70 feet to a
point for corner at a northwesterly Interior corner of aforementioned 1213.537 acre tract;
THENCE, North 00°17'51" East, with a west line of said 1213.537 acre tract, 1592.78 feet to a point for
corner in the southwest right-of-way of State Highway No. 6, being the southwest corner of a called
0.205 acre tract conveyed to the State of Texas by Correction and Substitute Deed for Highway Purposes
recorded In Volume 1034, Page 464, OPRBCT;
THENCE, South 47°21'49" East, with the south line of said 0.205 acre tract, 81.40 feet to a point for
corner at the south corner of said 0.205 acre tract, being in an east line of said 1213.537 acre tract;
THENCE, South 00°1810011 West, with an east line of said 1213.537 acre tract, 1537.89 feet to a point for
corner in a north line of aforementioned 82.453 acre tract;
THENCE, North 89°59'15" East, with a north line of said 82.453 acre tract, 579.03 feet to a point for
corner;
THENCE, North 02°18'5311 East, with a west line of said 82.453 acre tract, 795.80 feet to a point for
corner in the southwest right-of-way of State Highway No. 6;
THENCE, with the northeast line of said 82.453 acre tract and the southwest right-of-way of State
Highway No. 6, the following two (2) courses and distances:
1. South 39°30134" East, 1524.59 feet to a point for corner;
2. South 21°04128" East, 103.75 feet to a point for corner;
THENCE, South 39°30'37" East, continuing along the northeast line of said 82.453 acre tract and the
southwest right-of-way of State Highway No. 6, and the northeast line of a 122.98 acre tract conveyed
to 5271 Memorial Partners, LTD, recorded in Volume 6396, Page 106, OPRBCT, 695.27 feet to a point for
corner;
THENCE, with the northeast line of said 122.98 acre tract and the southwest right-of-way of State
Highway No. 6, the following two (2) courses and distances: ,
1. South 57°56143" East, 103.75 feet to a point for corner;
2. South 38°31133" East, 875.20 feet to a point for corner;
4
Resolution No. 06-09-16-02 Page 10 of 13
Peach Creek Partners, LTD., et al
2,354 Acres In Two Tracts
Various Surveys in southern Brazos County
THENCE, South 45°5014711 East, with the northeast line of said 122.98 acre traet and the southwest right
of-way of State Highway No. 61 and the northeast line of the remainder of a 62.568 acre tract conveyed
to Peach Creek Partners, LTD, recorded in Volume 5070, Page 71, OPRBCT, and the southwest line of a
3.40 acre tract conveyed to the State of Texas, recorded in Volume 8298, Page 210, OPRBCT, 772.94 feet
to a point for corner;
THENCE, with the common line of the remainder of said 62.568 acre tract and said 3.40 acre tract the
following four (4) courses and distances:
1. South 51°1213111 East, 656.57 feet to a point for corner;
2. South 44 °54154 11 East, 131.60 feet to a point for corner;
3. South 26°0410611 East, 392.45 feet to a point for corner;
4. South 36°1914511 East, 382.02 feet to a point for corner in the east line of the remainder of
said 62.568 acre tract;
THENCE, South 00°471 1511 West, with said east line, 573.29 feet to a point for corner;
THENCE, North 89°5113311 West, with the south line of said 62.568 acre tract, 1680.30 feet to a point for
corner in the east line of the remainder of a called 167 .36 acre tract conveyed to Peach Creek Partners,
LTD, recorded in Volume 4227, Page 145, OPRBCT;
THENCE, South 04°44'48" East, with an east line of said 167.36 acre tract, 433.00 feet to a point for
corner;
THENCE, South 06°46'55" East, with an east line of said 167.36 acre tract, 135.30 feet to a point for
corner, being the southeast corner of the said 167.36 acre tract;
THENCE, South 89°22'57" West, with the south line of said 167.36 acre tract, 1242.81 feet to a point for
corner, being the southwest corner of the said 167 .36 acre tract, being a southeasterly corner of
aforementioned 1213.537 acre tract;
THENCE, with a south and east line of said 1213.537 acre tract the following three (3) courses and
distances:
1. South 62°54'00" West, 584.17 feet to a point for corner;
2. South 88°50'00" West, 719.72 feet to a point for corner
3. South 00°38'0011 West, 804.21 feet to a point for corner being the northeast corner of a
called 86.34 acre tract conveyed to William T. Fleming, Jr., recorded In Volume 788, Page
200, OPRBCT;
THENCE, along the northwesterly lines of said 86.34 acre tract the following nine (9) courses and
distances:
1. South 77°17'16" West, 136.69 feet to a point for corner;
2. South 82°08'15" West, 120.51 feet to a point for corner;
3. South 70°4615711 West, 189.57 feet to a point for corner;
4. South 74°28'57" West, 113.24 feet to a point for corner;
5. South 16°36'47" West, 113.98 feet to a point for corner;
6. South 31°03'50" West, 535.38 feet to a point for corner;
5
Resolution No. 06-09-16-02 Page 11 of 13
Peach Creek Partners, LTD., et al
2,354 Acres in Two Tracts
Various Surveys in southern Brazos Count y
7. South 52°5813211 West, 359.09 feet to a point for corner;
8. South 37°0310811 West, 144.24 feet to a point for corner;
9. South 21°0714411 West, 2044.38 feet to a point for corner, being the southwest corner of said
86.34 acre tract being in a south line of said 1213.537 acre tract;
THENCE, with a south line of said 1213.537 acre tract, the following two (2) courses and distances:
1. South 88°4910011 West, 778.72 feet to a point for corner;
2. South 89°4610011 West, 1873.06 feet to a point for corner, being a southwest corner of the
said 1213.537 acre tract, being the southeast corner of a called 49.78 acre tract conveyed to
Peach Creek Partners, LTD, recorded In Volume 89131 Page 80, OPRBCT;
THENCE, South 89°3811411 West, with a south line of said 49.78 acre tract, 850.00 feet to a point for
corner;
THENCE, South 01°20144" East, with an east line of said 49.78 acre tract, 368.68 feet to a point for
corner;
THENCE, South 89°3110411 West, with a south line of said 49.78 acre tract, 936.99 feet to a point for
corner, being the southwest corner of the said 49.78 acre tract, being the southeast corner of
aforementioned 235.123 acre tract to Peach Creek Partners, LTD;
THENCE, North 89°58'00" West, with the south line of said 235.123 acre tract, 1643.19 feet to a point
for corner;
THENCE, North 35°38'0011 West, with a southwesterly line of said 235.123 acre tract, 51.81 feet to a
point for corner, being a southeast corner of aforementioned 1215.830 acre tract to Peach Creek
Partners, LTD;
THENCE, with southerly and easterly lines of said 1215.830 acre tract the following five (5) courses and
distances:
1. South 87°0810011 West, 828.06 feet to a point for corner;
2. South 00°5310011 East, 2083.06 feet to a point for corner;
3. South 02"0210011 East, 728.06 feet to a point for corner;
4. South 89°04'00" West, 1217.50 feet to a point for corner;
5. South 04°27'00" West, 850.83 feet to a point for corner in the northeast right-of-way of
aforementioned FM 2154;
THENCE, North 71°13'00" West, with the northeast right-of-way of FM 2154, 485.83 feet to a point for
corner;
THENCE, South 32°36'00" West, crossing the right-of-way of FM 2154 and the Atchison, Topeka, and
Santa Fe Railway Company railroad right-of-way, 203.06 feet to a point for corner;
THENCE, with southerly lines of said 1215.830 acre tract the following five (5} courses and distances:
1. North 89°1510011 West, 380.83 feet to a point for corner;
2. South 89°10'00" West, 691.94 feet to a point for corner;
3. South 77°51'00" West, 71.11 feet to a point for corner;
6
Resolution No. 06-09-16-02 Page 12of13
Peach Creek Partners, LTD., et al
2,354 Acres in Two Tracts
Various Surveys in southern Brazos County
4. North 89°3310011 West, 1027.78 feet to a point for corner;
5. North 89°47'01" West, 1406.14 feet to the POINT OF BEGINNING, CONTAINING 2,451 acres
of land in Brazos County, Texas; SAVE AND EXCEPT all of that called 83.159 acre tract of
described in a Distribution General Warranty Deed to Peach Creek Partners, LTD, from
Millican DPC Partners, LP, recorded in Volume 12536, Page 288, OPRBCT, and 19.559 acres
in the H.&T.C.R.R. (A.T.&S.F.R.R.) right-of-way and Farm to Market Highway No. 2154 as
described in Volume 04227, Page 00145, OPRBCT, for a NET TOTAL of 2,348 acres.
Tract Two
STATE OF TEXAS
COUNTY OF BRAZOS
§
§
A METES AND BOUNDS description of a certain 5.097 acre tract of land, lying and being situated in the
T. H. Mays Survey, Abstract No. 161, Brazos County, Texas, and being all of the called 5.097 acre tract
described In the deed from Joe Marino to Travis I. Williams and wife, Rosie Lee Wiiiiams, as recorded in
Volume 725, Page 11, of the Official Records of Brazos County, Texas, said 5.097 acre tract being more
particularly described by metes and bounds as follows with all bearings based on the most north line of
said 5.097 acre tract having a record bearing of due West recorded in Volume 04227, Page 00145,
OPRBCT;
BEGINNING at the most easterly northeast corner of the said 5.097 acre tract, same being in the west
right-of-way line. of Farm to Market Road No. 159 (80' right-of-way);
THENCE, Due West, along the most easterly north line of the said 5.097 acre tract, same being the south
line of the 5.097 acre tract described in Volume 3206, Page 78, of the Official Records of Brazos County,
Texas, for a distance of 1180.72 feet to a point for corner at the Interior ell corner of the 5.097 acre tract
(725/11);
THENCE, Due North, along the common line between the said 5.097 acre tracts for a distance of 184.20
feet to a point for the northwest corner of the 5.097 acre tract (3206/78), same being the most
northerly and westerly northeast corner of the 5.097 acre tract (725/11);
TH ENCE, Due West, along the north line of the said 5.097 acre tract (725/11), same being the south line
of the 10.194 acre (Tract 2), described in Volume 461, Page 583, of the Deed Records of Brazos County,
Texas, 887.45 feet to a point for corner, being the northwest corner of the 5.097 tract, same being the
southwest corner of the 10.194 acre tract;
THENCE, along the west line of the said 5.097 acre tract, the following two (2) courses and distances:
1. s 06° 10' 14" E, 131.08 feet to a point for corner;
2. S 19° 46' 27" E, 89.13 feet to a point for corner, being the southwest corner of the 5.097
acre tract;
THENCE, Due East, along the south fine of the said 5.097 acre tract, same being the north line of the
40.90 acre tract described in Volume 329, Page 34, of the Deed Records of Brazos County, Texas, a
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Resolution No. 06-09-16-02 Page 13of13
Peach Creek Partners, LTD., et al
2,354 Acres in Two Tracts
Various Surveys in southern Brazos County
distance of 2015.86 feet to a point for the southeast corner of the 5.097 acre tract In the west right-of
way line of FM No. 159;
THENCE, N 15° 03' 0611 E, along the west right-of-way line of FM No. 159, 31.07 feet to the PLACE OF
BEGINNING, CONTAINING 5.097 acres of land.
FOR A POLITICAL BOUNDARY ACREAGE TOTALLING 2,354 ACRES.
The metes and bounds descriptions of Tract One and Tract Two were prepared under 22 TAC §663.21,
do not reflect the results of an on the ground survey, and are not to be used to convey or establish
interests in real property except those rights and interests implied or established by the creation or
reconfiguration of the boundary of the political subdivision for which they were prepared.
A separate plat bearing DWG No. 1216 was prepared in conjunction with the two foregoing metes and
bounds descriptions and ls available in the offices of Jones and Carter in Bryan, Texas.
S:\O-Job\13704 Rock Barn Conservation Partners\13704-0001-00 Millican Reserve District
Creatlon\SURVEY\SURVEY\DOCS\2354 Acre Consent Desc.docx
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