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HomeMy WebLinkAbout2001-2534 - Ordinance - 12/06/2001ORDINANCE NO. 2534 AN ORDINANCE AMENDING CHAPTER 12, "ZONING", SECTION 7.21.D, "REQUIREMENTS FOR DEDICATION/DEVELOPMENT OF DRAINAGE AND PEDESTRIAN ACCESS WAYS", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1 That Chapter 12, "ZONING", Section 721.D, "REQUIREMENTS FOR DEDICATION/DEVELOPMENT OF DRAINAGE AND PEDESTRIAN ACCESS WAYS", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A" and its attachments, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 6th day of December 2001. APPROVED: LYNN&IcILHANEY, Mayor APPROVED' Cif~ ~if6m-ey ORDINANCE NO. 2534 Page 2 EXHIBIT "A" That Chapter 12, "Zoning", Section7.2 I.D, "REQUIREMENTS FOR DEDICATION / DEVELOPMENT OF DRAINAGE AND PEDESTRIAN ACCESS WAYS", of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: REQUIREMENTS FOR DEDICATION/DEVELOPMENT OF DRAINAGE AND PEDESTRIAN ACCESS WAYS Except for minimum reservation areas dedicated or developed in accordance with the Wolf Pen Creek Master Plan, the flood fringe area may be reclaimed upon approval of reclamation plans by the City Engineer. The Upstream Phase of the Development Corridor along Wolf Pen Creek means the area between Texas Avenue and Dartmou/h Drive. The area to be dedicated or developed consists of the floodway and the minimum reservation line as defined in the Wolf Pen Creek Master Plan and shall be referred to as the minimum reservation area. The Downstream Phase of the Development Corridor along Wolf Pen Creek means the area between Dartmouth Drive and the Earl Rudder Freeway. The area to be dedicated or developed consists of property described in Attachments 1 through 7 and shall be referred to as the minimum reservation area. Where applicable, the floodway and the minimum reservation line for the Upstream Phase of the Development Corridor and/or the minimum reservation area for the Downstream Development Phase shall be indicated on the site plan. Upon development of the property within the Wold Pen Creek zoning district, the minimum reservation area may be: (1) (2) dedicated in fee simple or as a drainage and access easement or improved by the developer to conform with the standards of the Development Corridor Property within the minimum reservation area will: Provide drainage capacity necessary to convey the floodwaters of Wolf Pen Creek while accommodating the increased runoff from development of properties along the creek; Provide an area to accommodate pedestrian access from, to and between developments ORDINANCE NO. 2534 Page 3 along the banks of Wolf Pen Creek to lessen congestion along adjacent roadways for patrons of businesses along the corridor; Provide an area as necessary to address and prevent erosion of creek banks resulting from development both along the Creek in the Development Corridor as well as from floodwaters received from upstream of the Development Corridor; Provide an area necessary for public improvements to the Development Corridor including but not limited to trails, lighting, irrigation, benches, kiosks, foot bridges with hand rails, trash receptacles, culverts, signage, landscaping, emergency call boxes~ public art, and bicycle racks; and, Provide access for drainage and facilities maintenance as necessary to support private development within the Development Corridor, All development shall be in accordance with the Wolf Pen Creek Corridor Study and Master Plan (1988), the Revised Wolf Pen Creek Master Plan (1998) and the "Conceptual Plan, Trail System" prepared by Robert B.Ruth, dated 2-25-01. Permitted private development within the minimum reservation area where dedication is not made, may include, but is not limited to: Cleaning and removal of brush and bank stabilization; Erosion control; No extensive channel work; Pedestrian walkways, lighting and access easements; Preservation of the natural setting of the creek. Cross sections as shown in the original Wolf Pen Creek Master Plan shall be used in designing improvements unless otherwise approved by the P&Z. All plans for the improvement of this area shall be considered by the Planning & Zoning Commission upon recommendation of the Design Review Board in accordance with Chapter 12, Section 7.21.C of the College Station Code of Ordinances. The developer or property owner may submit any improvements to the City for dedication. Upon acceptance the City will maintain those facilities to the same standards as other public development along the creek. ORDINANCE NO. 2534 ATTACHMENT I ~E ~u!uu/~aE lo % o,V.~7 uotoo//OH ORDINANCE NO. 2534 ATTACHMENT I Page 2 of 2 FIELD NOTES PARCEL NO. 1 WOLFPEN CREEK PROJECT Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR LEAGUE, A-46 in College Station, Brazos County, Texas and being a portion of the 3.847 acre residual tract conveyed to Dena Beth Kahan and David Lee Kahan by Simon Kahan, Trustee by Special Warrantee Deed recorded in Volume 3779, Page 82 of the Official Records of Brazos County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows: COMMENCING: at a fence comer found marking the most easterly comer of the said 3.847 acre residual tract, the south comer of the 6.5 acre City of College Station tract described in Volume 389, Page 28 of the Brazos County Deed Records (B.C.D.R.) and being in the northwest line of Lot 3, Block 2, SOUTHCREEK PHASE 1 as recorded in Volume 2205, Page 243 (O.R.B.C.); THENCE: S 44' 07' 06" W for a distance of 187.64 feet along the common line of the said 3.847 acre residual tract and said Lot 3 (called S 42' 02' 54" W) to a set 1/2-inch iron rod for the west comer of said Lot 3 and being the POINT OF BEGINNING; THENCE: S 44' 07' 06" W continuing along said common line for a distance of 91.21 feet to a set 1/2-inch iron rod for corner, said iron rod also being the east comer of the City of College Station 5.04 acre tract described in Volume 1217, Page 687 (O.R.B.C.); THENCE: N 45' 16' 43" W (called N 47' 34' 39" W) for a distance of 192.87 feet along the northeast line of said 5.04 acre tract to a set 1/2-inch iron rod for comer; THENCE: S 70' 41' 55" E for a distance of 212.48 feet through the interior of the said 3.847 acre residual tract to the POINT OF BEGINNING and containing 0.2019 acres (8,796 square feet) of land, more or less. I, Michael R. McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas do certify that this survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category lB, Condition II Survey. ! [ ' Michael R. McClure, R.P.L.S. #2859 \'~~'"'; 7 V-,, e",".., ..%:9 .:?~_;/ \~,~....:., ---...-: \X,~. .2-: ORDINANCE NO. ATTACHMENT 2 ORDINANCE NO. 2534 ATTACHMENT 2 Page 2 of 2 FIELD NOTES PARCEL NO. 2 WOLFPEN CREEK PROJECT Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR LEAGUE, A-46 in College Station, Brazos County, Texas and being part of Lot 2, Block 2 of a Replat of POST OAK MALL as recorded in Volume 517, Page 689 of the Deed Records of Brazos County, Texas (B.C.D.R.), said tract being the same land (called 3.357 acres) conveyed to Real Alchemy I, L.P. by Substitute Trustee's Deeds recorded in Volume 2128, Page 199 and Volume 2128, Page 204 of the Official Records of Brazos County, Texas (O.R.B.C.) and being more particularly descr~ed by metes and bounds as follows: COMMENCING: at a found 5/8-inch iron rod marking the south comer of said Lot 2, Block 2, POST OAK MALL Replat, the southeast comer of Oakway Drive right-of-way (based on a 50' width) and being in the northwest Line of Lot 3, Block 2, SOUTHCREEK PHASE I as recorded in Volume 2205, Page 243 (O.R.B.C.); THENCE: N 44' 07' 06" E for a distance of 4.26 feet along the common line of said Lot 2, Block 2, POST OAK MALL and said Lot 3, Block 2, SOUTHCREEK PHASE I to a set 1/2-inch iron rod marking the noah comer of said Lot 3 and being the POINT OF BEGINNING: THENCE: into the interior of said Lot 2, Block 2, POST OAK MALL for the following three (3) calls: 1) N 33' 17' 19" E for a distance of 107.08 feet to a set 1/2-inch iron rod for comer, 2) N 44' 05' 41" E for a distance of 45.84 feet to a set 1/2-inch iron rod for comer and 3) N 73' 21' 28" E for a distance of 41.23 feet to a set 1/2-inch iron rod for the most easterly comer of this tract and being in the southeast line of said Lot 2, Block 2, POST OAK MALL; THENCE: S 44' 07' 06" W (called S 42' 02' 54" W) for a distance of 186.99 feet to the POINT OF BEGINNING and containing 0.0538 acres (2,343 square feet) of land, more or less. I, Michael R. McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas do certify that this survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category 1 B, Condition II Survey. / ! -/ Michael R. McClure, R.P.L.S. #2859 ORDINANCE NO. 2534 ATTACHMENT .._.----% I I ORDINANCE NO. 2534 ATTACHMENT Page 2 of 2 FIELD NOTES PARCEL NO. 3 WOLFPEN CREEK PROJECT Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR LEAGUE, A-46 in College Station, Brazos County, Texas and being a portion of Lot 5, Block One, SUTTON PLACE SUBDIVI SION as recorded in Volume 401, Page 402 of the Brazos County Deed Records (B.C.D.R.), said lot being part of the same land conveyed to JPJ Investments et al by Clarke & Wyndham, Inc. by deed recorded in Volume 2194, Page 269 and by Real Alchemy I, L.P. by deed recorded in Volume 2194, Page 275 of the Official Records of Brazos County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows: BEGINNING: l/2-inch iron rod set at the common most southerly comer of Lots 4 and 5, Block One of said SUTTON PLACE SUBDIVISION, said comer being in the northwest line of a 1.86 acre tract conveyed to the City of College Station in Volume 2961, Page 346 (O.R.B.C.) and being in the northwest bank of Wolfpen Creek: THENCE: S 38° 12' 53" W for a distance of 169.99 feet along the common line of said Lot 5 (called S 38' 57' 15" W - 170.00') and said 1.86 acre tract to a 26" Elm Tree for comer; THENCE: along the southwest line of said Lot 5, said line also being common with the northeast line of the 6.80 acre tract dedicated to the City of College Station in the Final Plat of SOUTHCREEK PHASE 1 recorded in Volume 2205, Page 243 (O.R.B.C.) for the following four (4) calls: 1) S 85' 37' 42" W (called S 83' 22' 04" W) for a distance ofS. 13 feet to a set l/2-inch iron rod, 2) N 60' 35' 53" W (called N 62' 51' 31" W) for a distance of 21.12 feet to a set 1/2-inch iron rod, 3) N48' 05'39" W (called N 50' 21' 17" W) for a distance of 76.98 feet to aset l/2-inch iron rod and 4) N 15' 27' 39" W (called N 17' 43' 17" W) for a distance ofl6.12 feet to a set 1/2-inch iron rod, said iron rod marking an angle in the southwest line of Lot 5, being the north comer of said 6.80 acre tract and the east comer of Lot 2, Block 2, according to the Replat of POST OAK MALL Subdivision as recorded in Volume 529, Page 17 (B.C.D.R.) THENCE: N 43' 25' 56" E for a distance of 188.29 feet through the interior of said Lot 5 to a set 1/2- inch iron rod for comer, said iron rod also being in the common line of the beforementioned Lots 4 and 5; THENCE: S 38° 37' 02" E (called S 40' 52" 40" E) for a distance of 102.23 feet to the POINT OF BEGINNING and containing 0.4687 acres (20,417 square feet) of land, more or less. I, Michael R. McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas do certify that this survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category 1 B, Condition II Survey. / /,,; ,, Michael R. McClure, R.P.L.S. -.<.'..._, '~_,-' '~. ::...-..t ORDINANCE NO. 2534 ATTACHMENT 4 ORI)INANCE NO. 2534 ATTACHMENT 4 Page 2 of 2 FIELD NOTES PARCEL NO. 4 WOLFPEN CREEK PROJECT Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR LEAGUE, A-46 in College Station, Brazos County, Texas and being a portion of Lot 4, Block One, SUTTON PLACE SUBDIVISION as recorded in Volume 401, Page 402 of the Brazos County Deed Records (B.C.D.R.), said lot being part of the same land conveyed to JPJ Investments et al by deed recorded in Volume 2194, Page 269 and Volume 2194, Page 275 of the Official Records of Brazos County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows: BEGINNING: a 1/2-inch iron rod set at the common most southerly comer of Lots 4 and 5, Block One of said SUTTON PLACE SUBDIVISION, said comer also being in the northwest line of a 1.86 acre tract conveyed to the City of College Station in Volume 2961, Page 346 (O.R.B.C.); THENCE: N 38' 37' 02" W (called N 40' 52' 40" W) along the common line of said Lots 4 and 5 for a distance of 102.23 feet to a set 1/2-inch iron rod for comer; THENCE: N 43' 25' 56" E through the interior of said Lot 4 for a distance of 263.64 feet to a set I/2-inch iron rod for corner, said iron rod being in the common line of Lots 3 and 4, Block One of said SUTTON PLACE SUBDIVISION; THENCE: S 21' 52' 59" E (called S 24' 08' 32" E) along said common line for a distance of 93.50 feet to the common most southerly corner of said Lots 3 and 4 and being in the approximate center line of Wolfpen Creek; THENCE: along the southeast 1/ne of said Lot 4, said line also being common with the northwest line of the 1.86 acre City of College Station tract described in Volume 2961, Page 346 (O.R.B.C.) for the following three (3) calls: 1) S 37' 38' 10" W (called S 35' 22' 32" W) for a distance of 106.71 feet to a set 1/2-inch iron rod, 2) S 41' 57' 00" W (called S 39' 41'21" W) for a distance of 100.74 feet to a set 1/2-inch iron rod and 3) S 38' 12' 5Y' W (called S 35' 57' 15" W) for a distance of 31.99 feet to the POINT OF BEGINNING and containing 0.5391 acres (23,485 square feet) of land, more or less. I, Michael R. McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas do certify that this survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category lB, Condition II Survey. ORDINANCE NO. 2534 ATTACHMENT 5 I.: · zz~ ORDINANCE NO. 2534 A'I~FACHMENT 5 Page 2 of 2 FIELD NOTES PARCEL NO. 5 WOLFPEN CREEK PROJECT Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR LEAGUE, A-46 in College Station, Brazos County, Texas and being a portion of Lot 3, Block One, SUTTON PLACE SUBDIVISION as recorded in Volume 401, Page 402 of the Brazos County Deed Records (B.C.D.R.), said lot being the same land conveyed to JPJ Investments et al by Clarke & Wyndham, Inc. by deed recorded in Volume 2194, Page 269 and by Real Alchemy I, L.P. by deed recorded in Volume 2194, Page 275 of the Official Records of Brazos County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows: BEGINNING: at the common most southerly corner of Lots 3 and 4, Block One of said SUTTON PLACE SUBDIVISION, said corner also being in the northwest line of the 1.86 acre tract conveyed to the City of College Station in volume 2961, Page 346 (O.R.B.C.); THENCE: N 21' 52' 59" W {called N 24' 08' 32" W) along the common line of said Lots 3 and 4 for a distance of 93.50 feet to a set l/2-inch iron rod for comer; THENCE: N 43' 25' 56" E for a distance of 92.46 feet to a set 1/2-inch iron rod for comer and N 73' 51' 21" E for a distance of 169.21 feet through the interior of said Lot 3 to a set 1/2- inch iron rod for comer, said iron rod also being in the common lot line of Lots 1 and 3, Block One of said SUTTON PLACE SUBDIVISION; THENCE: S 10' 18' 17" E (called S 12' 33' 56" E) for a distance of 56.80 feet to the common most southerly comer of said Lots 1 and 3, said iron rod also marking an angle in the north line of the Resubdivision of Lot 1, Block "B", EASTMARK SUBDIVISION, PHASE II as recorded in Volume 579, Page 343 (B.C.D.R.); THENCE: S 73' 21' 16" W (called S 71° 01' 44" W) for a distance of 146.29 feet to an angle in the south line of said Lot 3, said iron rod also being the north comer of the beforementioned 1.86 acre City of College Station tract; THENCE: S 30' 41' 50" W (called S 28' 28' 34" W) for a distance of119.98 feet to the POINT OF BEGINNING and containing 0.3714 acres (16,177 square feet) of land, more or less. I, Michael R. McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas do certify that this survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category IB, Condition II Survey. Michael R. McClure, R.P.L.S. #2859 lf?..:;'/':' d. It':,:;",' ~ib" :.... "' .-... Y,.:~.. ; ,,... ORDINANCE NO. 2534 ATTACHMENT 6 / / / / / / / / s,iI ORDINANCE NO. 2534 ATTACHMENT 6 Page 2 o f 2 FIELD NOTES PARCEL NO. 6 WOLFPEN CREEK PROJECT Being ali that certain tract or parcel of land lying and being situated in the MORGAN RECTOR LEAGUE, A-46 in College Station, Brazos County, Texas and being a portion of Lot 1, Block One, SUTTON PLACE SUBDIVISION as recorded in Volume 401, Page 402 of the Brazos County Deed Records (B.C.D.R.), said lot being the same land conveyed to JPJ Investments et al by Clarke & Wyndham, Inc. by deed recorded in Volume 2194, Page 269 and by Real Alchemy I, L.P. by deed recorded in Volume 2194, Page 275 of the Official Records of Brazos County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows: BEGINNING: at the east comer of said Lot 1, Block One, SUTTON PLACE SUBDIVISION, the northeast comer of the Resubdivision of Lot 1, Block "B", EASTMARK SUBDIVISION, PHASE II as recorded in Volume 579, Page 343 (B.C.D.R.) and being in the southwest right-of-way line of State Highway No. 6 (East Bypass); THENCE: along the common line of said SUTTON PLACE and EASTMARK Subdivisions for the following four (4) calls, said line being approximately along the meanders of Wolfpen Creek: 1) S 73' 22'46" W for a distance of 142.31 feet (called S 71' 07' 08" W- 141.33'), 2) S 33' 59' 05" W for a distance of 89.14 feet (called S 31' 43' 27" W) to a set 1/2-inch iron rod, 3) S 61' 23' 26" W tbra distance of 111.12 feet (called S 59' 07, 48" W and 4) N 41' 14' 27" W (called N 43' 30' 05" W) for a distance of119.65 feet to the common most southerly corner of Lots I and 3 of SUTTON PLACE SUBDIVISION for comer; THENCE: N 10' 18' 17" W (called N 12' 33' 56" W) tbra distance of 56.80 feet along said common line of Lots 1 and 3 to a set l/2-inch iron rod for comer; THENCE: N 73' 51' 21" E for a distance of 36.26 feet to a set chiseled "X" mark in concrete in the southwest line ora 2.548 acre tract conveyed to Aqua Riea, Ltd. et al in Volume 3605, Page 277 (O.R.B.C.); THENCE: S 28' 35' 08" E (called S 30' 32' 16" E) for a distance of 20.04 feet to a found "V" mark in concrete for comer, said mark also being the south comer of,he said 2.548 acre tract; THENCE: N 43' 36' 44" E for a distance of 317.78 feet (called N 41' 28' 36" E - 318.01') along the southeast line of said 2.548 acre tract for the most northerly comer of this tract, said comer being in the southwest right-of-way line of said State Highway 6 (East Bypass) and fi.om whence a found chiseled "V" mark in concrete bears N 43' 36' 44" E at a distance of 0.33 feet; THENCE: S 28' 33' 23" E (called S 30' 38' 57" E) for a distance of 228.37 feet to the POINT OF BEGINNING and containing 1.367 acres (59,531 square feet) of land, more or less. I, Michael R. McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas do certify that this survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category. 1 B, Condition II Survey. Michael R. McClure, R.P.L.S. #285 ~ ~ ~~".'...'~'~ ..: . ;,-., ..: ........... (. ye - :: .. · .,, , .- ,.-! ,-,.,..: -,...,, - .d ~<~..: ,. ,_'-~ t J:, '..,.~ · .-- ORDINANCE NO. 2534 ATTACHMENT 7 E ORDINANCE NO. 2534 ATTACHMENT 7 Page 2 of 2 FIELD NOTES PARCEL NO. 8 WOLFPEN CREEK PROJECT Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR LEAGUE, A-46 in College Station, Brazes County, Texas and being all of Lot 1, Block "B" of EASTMARK SUBDIVISION, PHASE II according to the Resubdivision Final Plat recorded in Volume 579, Page 343 of the Deed Records of Brazes County, Texas (B.C.D.R.) and being more particularly described by metes and bounds as follows: BEGINNING: at a found 1/2-inch iron rod marking the common most easterly comer of said Lot 1 and Lot 2R-l, Block "B" according to the ResubdMsion Final Plat recorded in Volume 757, Page 338 of the Official Records of Brazes County, Texas (O.R.B.C.), said iron rod also being in the southwest right-of-way line of State Highway No. 6 (East Bypass); THENCE: S 57' 34' 32" W (called S 55' 27' 50" W) along the common line of said Lot 1 and said Lot 2R-1 for a distance of 474.47 feet to a set 1/2-inch iron rod for comer; THENCE: N 32' 25' 29" W (called N 34' 32' 10" W) for a distance of 377.61 feet along the southwest line of said Lot 1, said line also being common with the northeast line of the University Commons College Station, Phase III tract described in Volume 2736, Page 244 (O.R.B.C.) and the City of College Station 1.86 acre tract described in Volume 2961, Page 346 (O.R.B.C.) to the west comer of said Lot 1, said comer also marking an angle in the southeast margin of SUTTON PLACE ADDITION, as described in Volume 401, Page 402 (B.C.D.R.); THENCE: along the southeast margin of said SUTTON PLACE ADDITION and approximately along Wolfpen Creek for the following five (5) calls: 1) N 73' 21' 16" E for a distance of 146.29 feet (called N 71' 04' 25" E - 146.35'), 2) S 41' 14' 27" E for a distance of 119.65 feet (called S 43' 27' 24" E), 3) N 61' 23' 26" E for a distance of 111.12 feet (called N 59' 10' 29" E) to a 1/2-inch iron rod set, 4) N 33' 59' 05" E for a distance of 89.14 feet (called N 31' 46' 08" E) and 5) N 73' 22' 46" E for a distance of 142.31 feet (called N 71' 29' 16" E - 142.14') to the most northeasterly comer of this tract; THENCE: S 28' 33' 23" E (called S 30' 40' 05" E) along the said State Highway No. 6 right-of-way for a distance of 209.60 feet to the POINT OF BEGINNING and containing 2.939 acres (128,011 square feet) of land, more or less. I, Michael R. McClure, Registered Professional Land Surveyor No. 2859 in the State of Texas do certify that this survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category lB, Condition II Survey. Michael R. McClure, R.P.L.S. #2859 · -