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HomeMy WebLinkAbout1996-2219 - Ordinance - 11/19/1996ORDINANCE NO. 2219 .~N ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF COLLEGE STATION, TEXAS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREINAFTER ADOPTED; PRO- VIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: WHEREAS, the City Council of the City of College Station, Texas, (the "CITY"), pursuant to the MUNICIPAL ANNEXATION ACT, TEXAS LOCAL GOVERNMENT CODE, {}43.001, ET SEQ., as amended, and ARTICLE II, SECTION 7, of the Home Rule Charter of the CITY, upon petition by the property owners, has here. tofor, e init!ated an. ne.x.a- tion proceedings to annex additional territory lying adjacent anc~ contiguous to lne CITY lying within the e~,raterritorial jurisdiction of the CITY as de.scribe, d by metes and bounds in Exhibit "A attached hereto and incorporated herein Dy reference; WHEREAS, the owners of the properties set out in Exhibit 'W' have submitted a petition to the CITY to annex said tracts of land into the jurisdictional limits of the CITY on August 13, 1996, in which the owners have represented that they are the landowners and authorized to sign the petitions, that the land is either vacant and without residents or on which fewer than three (3) qualified voters reside, and that the land is contiguous to the CITY; WHEREAS, the governing body heard the petition after the 5th day but on or before the 30th day after the date the petition was filed and granted the petition; WHEREAS, the City Council of the City of College Station, Texas, (the "CITY"), pursuant to the MUNICIPAL ANNEXATION ACT, TEXAS LOCAL GOVERNMENT CODE, ~43.001, ET SEQ., as amended, and ARTICLE II, SECTION 7, of the Home Rule Charter of the CITY, has heretofore initiated annexation proceedings to annex additional territory lying adjacent and contiguous to the CITY lying within the extraterritorial jurisdiction of the CITY as described by metes and bounds in Exhibits "B" through "F' attached hereto and incorporated herein by reference; WHEREAS, the CITY is a duly constituted Home Rule City pursuant to TEX. REV. Civ. STAT. ANN. ART. 1165 ET SEQ., as amended; WHEREAS, in accordance with the MUNICIPAL ANNEXATION ACT, a service plan, attached hereto as Exhibit "G" and incorporated herein for all purposes, was prepared by the appropriate department of the CITY, and was made available for inspection and explained at the public hearings conducted as hereinafter described; WHEREAS, the City Council, as governing body of the CITY, has conducted two public hearings on October 10.. 1996; and October 24, 1996, and considered the ordinance on November 19, 1996, at which time persons interested in the annexa- tion were given the opportunity to be heard; Ordinance No. 2219 Page 2 WHEREAS, these hearings were conducted on or after the 40th day but before the 20th day before the date of the institution of the annexation proceedings; and WHEREAS, notice of the hearings was published in a newspaper of general circu- lation and in the area proposed for annexation at least once on or after the 20th day but before the 10th day before the date of each hearing; NOW, THEREFORE, in accordance with ARTICLE I1, SECTION 7 of the Charter of the City of College Station, Texas, and the MUNICIPAL ANNEXATION ACT, TEXAS LOCAL GOVERNMENT CODE, ~43.001, ET SEQ., as amended, the City Council of the City of College Station hereby finds: Section 1 That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. Section 2 That the properties described in Exhibits "A" through "F", which exhibits are attached hereto and incorporated herein for all purposes, be and are hereby annexed and brought within the corporate limits of the City of College Station, Brazos County, Texas, and same are hereby made an integral part thereof. Section 3 The service plan submitted in accordance with the MUNICIPAL ANNEXATION ACT is hereby approved as part of this Ordinance, made a part hereof and attached hereto as Exhibit "G" Section 4 That the owners and inhabitants of the areas herein annexed be entitled to all of the rights and privileges of other citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. Section 5 That the official map and boundaries of the CITY, heretofore adopted and amended be and is hereby amended so as to include the aforementioned territory as part of the City of College Station, Texas. Section 6 That the Mayor is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the terri- tory hereby annexed as required by law. Js/c/annex/1996ord. doc 10129/96 Ordinance No. 2219 Page 3 Section 7 That this Ordinance shall become effective after its passage. Section 8 That the Mayor is hereby directed and authorized to file a certified cop~, of this Ordinance in the Office of the County Clerk of Brazos County, Texas. Section 9 If any section, subsection, sentence, phrase, or word of this Ordinance be found to be illegal, invalid or unconstitutional or if any portion of said property is incapable of being annexed by the CITY, for any reason whatsoever, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this Ordinance or the application of any other section, sentence, phrase, word, para- graph or provision of any other Ordinance of the CITY. The City Council declares that it would have adopted the valid portions and applications of this Ordinance and would have annexed the valid property without the invalid part, and to this end the provisions of this Ordinance are declared to be severable. Section 10 The fact that the present Ordinances and regulations of the CITY are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the CITY, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this Ordinance shall be effective from and after the date of passage, and it is accordingly so ordained. PASSED and APPROVED by the City Council of College Station, Texas, this 19th day of November, 1996. APPROVED: LYNN MclLHANEY, MayoJ~ 1~0/~9~m~x/ f 9 9 6°rd. d°c 65.89 ACRES TRACT POTENTIAL ANNEXATION FOR THE CITY OF COLLEGE STATION STERRET D. SMITH LEAGUE, A-210 BRAZOS COUNTY, TEXAS Metes and bounds description of a 65.89 acres tract or parcel of land situated in the Sterret D. Smith League A-210, Brazos County, Texas and being a potential annexation for the City of College Station of part of the Nantucket original 595.85 acres tract conveyed to Nantucket, Ltd. by deed on July 29, 1982 and recorded in VOLUME 531, PAGE 398 in ~e Deed Records of Brazos County, Texas (B. C. D. R.), said 65.89 acres tract not surveyed on the ground, but is bounded by or pm of the following recorded instruments: plats of Nantucket Phase One, recorded in VOLUME 758, PAGE 21 of the Official Records of Brazos County, Texas (B.C.O.R.), Nantucket Phase Two recorded in VOLUME 752, PAGE 119 (B.C.O.R.), Nantucket Phase Four recorded in VOLUME 2022, PAGE 69 (B.C.O.R.), Nantucket Phase Five recorded in VOLUME 2512, PAGE 313 (B.C.O.R.), Deer Park Subdivision recorded in VOLUME 22 I, PAGE 295 (B.C.O.R.), Part of the Texas State Highway No. 6 right-of-way deed of a called 14.38 acres conveyed from Phyllis Hobson (General Partner of Nantucket, Ltd:) to the State of Texas on August 14, 1987 and recorded in VOLUME 994, PAGE 818 (B.C.O.R.) said called 14.38 acres was part of the said 595.85 acres tract, Cullen V. Mancuso 2.25 acres tract conveyed on September 14, 1984 and recorded by deed in VOLUME 724, PAGE 345 (B.C.O.R.) also the Cullen V. Mancuso 2.35 Acres Tract conveyed on September 4, 1986 and recorded by deed in VOLUME 912, PAGE 610 (B.C.O.R.) both said tracts totaling 4.6 acres conveyed from said Phyllis Hobson, said 65.89 acres tract being more particularly described as follows: BEGINNING at the common northeasterly comer of Lot 1 and Lot 2 of Block 5 of the said Nantucket Phase One; THENCE S 59° 18' 59" W - 225.35 feet along the common lot line of said Lot 1 and Lot 2 to the common southwesterly comer of said lots; THENCE S 38° 35' 19" E - 174.73 feet along the southwesterly line ofsaid Lot 1 to the south comer of said Lot 1; THENCE S 38° 56' 07" E - 841.08 feet along a line adjacent to the northeasterly side of Nantucket Lake to the north comer of Lot 3, Block 13 or said Nantucket Phase Two; THENCE along the northwesterly line of said Lot 3 the same being the southeasterly adjacent side of said Nantucket Lake for the following calls: S 69° 08' 15" W - 150.75 feet; S 83° 07' 43" W - 1 I0.00 feet; 00025-F 42-16(2640} EXHIBIT "A" - Page 1 65.89 Acres Tract Po{ential Annexation Tract Brazos County, Texas 2 S 76° 09' 38" W - 129.49 feet to the west comer of the old Lot 3 the same being the north comer of old Lot 2, Block 13 of the said Nantucket Phase Two; THENCE S 75° 3? 41" W - 30.00 feet to a point for comer on the common line of said Lot 2 and said lake; THENCE S 11° 42' 31" E - 352.73 feet into said Lot 2 to a common angle point of said Lot 2 and Lot 3; THENCE S 38° 35' 19" E - 256.79 feet along the common line of said Lot 2 and Lot 3 to the common comer of said lots lying in the northwesterly right-of-way line of Nantucket Drive (an existing 60.00 feet wide right-of-way); TItENCE S 51° 24' 41" W - 290.27 feet along the said Nantucket Drive fight-of-way to the beginning ora curve to the right; THENCE in a southwesterly direction for a distance of 77.05 feet along the arc of said curve (curve data: central angle = 3° 46' 24", radius -- 1170.00 feet, tangent -- 38.54 feet, the chord bears S 53° 17' 53" W - 77.04 feet) to a point for comer in the northwesterly line of said Nantucket Drive; THENCE S 37° 16' 17" E - 340.94 feet crossing said Nantucket Drive continuing along the southwesterly line of the proposed Snug Harbor 70.00 feet wide planned fight-of-way, the same being a northeasterly line of a 13.12 acres tract (proposed Block 16, said 13.12 acres tract being a metes and bounds tract surveyed by Mark R. Paulson in October 1986) to the beginning of a curve to the left; THENCE in a southeasterly direction for a distance of 386.25 feet along the arc of said curve (curve data: central angle = 35° 51' 44", radius 617.09 feet, tangent = 199.68 feet, the chord bears S 55° 12' 09" E - 379.97 feet) to a point of reverse curve (P.R.C.) marking the beginning of a curve to the right; THENCE in'a southeasterly direction for a distance of 35.93 feet along the arc of said curve (curve data: central angle = 82° 21' 21", radius = 25.00 feet, tangent 21.87 feet, the chord bears S 31° 57' 22" E for a distance of 32.92 feet to the end of said curve lying in the northwesterly line of the proposed extension of Mariners Cove (a 70.00 feet wide planned right- of-way); 00002 $-! 42-16(2640,) EXHIBIT "A" - Page 2 65.89 Acres Tract Potential Annexation Tract Brazos County, Texas TH_T__~_E..~.C~ S 9° 13' 18" W - 209.80 feet along said planned fight-of-way to the west comer of said Nantucket Phase Four; calls: Lot 4, THENCE along the northwesterly line of said Nantucket Phase Four for the following S 80° 46' 42" E - 70.00 feet crossing the platted unbuilt said Mariners Cove fight:of-way; S 88° 48' 11" E - 805.38 feet along northwesterly line of Block 22 to the north con/er of Block 25 of said Nantucket Phase Five; ~ S 39° 46' 04" E along the northeasterly line of said Nantucket Phase Five passing at 1016.43 feet the center line end of Wayfarer Lane (a platted unbuilt 70.00 feet wide fight-of-way), continuing for a total distance of 1706.83 feet to a point in the northwesterly line of Lot 1 of the said Deer Park Subdivision, said point also marking the southeast comer of Lot 4 of Block 20 of said Nantucket Phase Five; THENCE N 68° 30' 39" E - 584.75 feet along the northwesterly line of said Deer Park Subdivision to a point for comer in the old southwesterly fight-of-way line of the said State of Texas Feeder Road of State Highway No.6. Marking the southeasterly comer of the said Cullen V. Mancuso 2.35 acres tract; THENCE along the northeasterly deeded lines of the said Cullen V. Mancuso two tracts totaling 4.60 acres the same being the old fight-of-way of the said state Highway No. 6 Feeder Road for the following calls; N 47° 25' 37" W, 489.65 feet; N 39° 37' 44" W, 318.95 feet to the beginning of a curve to the left; THENCE in a northwesterly direction for a distance of 10.00 feet along the arc of said curve (curve data: central angle=22° 54' 37", radius=25.00 feet, tangent=-5.07 feet, thi chord bears N 51° 04' 53" W, 9.93 feet) to the end to said curve lying in the New State of Texas southwesterly right-of-way Feeder Road of State Highway No. 6 as per part of said called 14.38 acres State of Texas Deed Tract: THENCE along the said southwesterly right-of-way for the following calls: N 39° 50' 19" W - 138.33 feet; N 38° 37' 54" W - passing at 2340.44 feet the center line end of said Nantucket Drive (an ex/sting 60.00 feet wide fight-of-way)continuing for a total distance of 2600.00 feet; 000025-f42-16(2640) EXHIBIT "A" - Page 3 65.$9 Acres Tract Potential Annexation Tract Brazos County, Texas N 41° 29' 39" W - 200.20 feet; N 38° 37' 54" W - 700.00 feet; N 31° 39' 24" W - 201.50 feet; N 38° 35' 19" W - 56.93 feet to the PLACE OF BEGINNING containing 65.89 acres of land more or less. AUGUST, 1996 Municipal Development Group College Station, Texas Basis of Bearing,: Notes: All phases of Nantucket as platted reflect the beatings of Nantucket, Ltd. 595.85 acre tract recorded by deed in VOLUME 531, PAGE 398 (B.C.D.R.) Not surveyed on the ground. Prepared by: t/"~ol~n C. Peters ' R.P.L.S. No. 4756 000025-f42-16(2640} EXHIBIT "A" - Page 4 ¥ ~ ~~~.~I~AN--~Ub~I~T AREA City Limit - ~ Nantucket Pe~on for ~nexa~on sub~t~d 8/13/96 i O~uers: Nantucket ~td. P~ne~hip C~en Mancuso, Clarence Pr~oda, & Mari~ Prihoda _ ~ Request: 65.89 acres adjacent ~ Nantucket Subd. ~ EXHIBIT "A" - Page 5 METES AND BOUNDS DESCRIPTION OF A 47.6 ACRES TRACT POTENTIAL ANNEXATION FOR TH~ CITY OF COLLEGE STATION STERRET D. SMITH LEAGUE, A-210 - SAMUEL W. ROBERTSON LEAGUE, A-202 BRAZOS COUNTY, TEXAS Metes and bounds description of a 47.6 acres tract or parcel of land lying and being situated in the Sterret Smith League, A-210 and the Samuel W. Robertson League, A-202, Brazos County, Texas and being a potential annexation for the City of College Station of a part of Texas State Highway No. 6 right-of-way that abuts the present city limits of College Station as per the City Ordinance No. 2043 as passed and appwved by the City on December 9, 1993, said proposed fight-of-way annexation extends in a southeasterly direction from the present city I{miLs for about 5700 feet, said 47.6 acres Watt not surveyed on the ground, it is composed of the following State of Texas tddn8 and condemnation recorded tratts and also the ex/sting right-of-way of said State Highway No. 6: Pebble Creek Development Co. (formerly J. A. C. Corporation) 1.81 atres tract (Parcel 34B) recorded in VOLUME 1198, PAGE 559 of the Official Records of Brazos County, Texas (13. C. O. R.); Global Natural Resources (formerly Brazos Coal, Limited) 14.465 acres tract (Pared 50) (condemnation tract as of this date still not recorded); Texas World Speedway 0.53 acre tract being part of Parcel 51 of 36.21 acres recorded in VOLUME 1015, PAGE 690 (B.C.O.R.); Nantucket Limited of Brazos County 14.378 acres Parcel 49 tract recorded in VOLUME 994, PAGE 818 (B.C.O.R.); Robert Lyon (formerly Raymond Conti) 0.61 acre condemnation tract being Parcel 48 and recorded in VOLUME 1221, PAGE 742 (B.C.O.R.); Tom Giescnschlag, et al. 0.5 acre tract being part of the 2.65 acres condemnation Parcel 47 recorded in VOLUME 1217, PAGE 742 (B.C.O.R.), said 47.6 acres tract being more particularly described as follows: THENCE along the said northeasterly right-of-way line of Texas State Highway No. 6 for the following calls: S 40° 10' 08" E passing at 651.5 feet thc common comer of the 1.81 acres tract and 14.465 aex~ tract continuing for a total distance of 3178.2 feet; S 41~° 4 I' 59" E - 202.0 feet; S 40° 10' 08' E - 700.0 feet; S 26° 07' 58' E - 206.2 feet; S 40° 10' 08° E - 500.0 feet; S 42° 29' 27'-E - 482.1 feet; S 47° 33' 20' E - 224.1 feet to a common corner of the said 14.465 acres tract and the 0.53 acre tract; THENCE S 47° 32' 07" E - 193.58 feet continuing along the said right-of-way line to thc southeasterly comer of the said 0.53 acre tract, the same being the southeasterly comer of the potential right-of-way annexation tract; THENCE S 40° 12' 01" W - 337.41 feet crossing said right-of-way to the south comer of the of the said potential right-of-way annexation tract, the same being the south comer of the said Nantucket Limited of Brazos County 14.378 acres tract; 000025-f 43-17(2640) EXHIBIT "B" - Page THENCE along the southwesterly right-of-way line of said Texas State Highway No. 6 for the following calls. N 49° 4'7' 59' W = 446.6 feet; N 41° 22' 33" W - 510.6 feet; N 40° 10' 08' W - 2600.0 feet; N 43° 01' 53' W - 200.0 feet; N 40° I0' 08" W - 700.0 feet; N 33° 02' 38" W - 201.5 feet; N 40° 10' 08" W, passing at 654.4 feet the common comer of the said 14.378 acres tract end the 0.61 acre tract. passing at 911.3 feet the common comer of the said 0.61 acre tract end the 0.5 acre tract, continuing for a total distance of 1079.9 feet to the south comer of the said existing city limits Ordinence No. 2043; THENCE N 49° 49' 52" E - 350.0 feet along the southeasterly end of said existing city limits crOSSing Said highway fight-of-way to the PLACE OF BEGINN~G containing 47.6 ~cres of lencl, more or less. Not surveyed on the ground. Prepared frum State of Texas recorded offidal records. SEPTEMBER, 1996 Municipal Development Group College St~tien, Texas BASIS OF BEARING: Bearing S 49° 49' 52' W shown on City of College Station Ordinance No.2043 and State of Texas 1.81 acres taking Parcel 34B recorded in VOLUME 1198, PAGE 559 (B.C.O.~). 000025-f 43-17(2640) EXHIBIT "B" - Page 2 :NANTUCKET AREA City Limit CITY-INITIATED (ROW ONLY- 47.6 AC) Nantucket City-Initiated Annexation State Highway 6 South Eight-of-Way 0nly 47.6 Acres EXHIBIT "B" - Page 3 METES AND BOUNDS DESCRIPTION OFA 676.8 ACRES TRACT POTENTIAL ANNEXATION FOR TI-IE CITY OF COLLEGE STATION S. D. SMITH LEAGUE, A-210 BRAZOS COUNTY, TEXAS Metes and bounds description cfa 676.8 acres tract or parcel of land, lying and being situated in the S. D. Smith League, A-210, Brazos County, Texas and being a potential annexation for the City of College Station of that pomon of thc Thousand Oaks Development Company and Global Natural Resources 1296.533 acres Tract 3 (as per thc deed recorded in VOLUME 1454, PAGE 187 of thc Official Records of Brazos County, Texas [B.C.O.R]) lying in the said S. D. Smith League, A-210, said tract is called Tract 21 of 591.19 acres by the Brazos County Appra!?al Dis~ct, said 676.8 acres tract not surveyed on thc ground and is that portion of thc Morris and Belmont to McFarlane deed (Recorded in VOLUME 395, PAGE 88 of the Deed Records of Brazos County, Texas, B.C.D.R.) minus thc State of Texas Highway No. 6 taking tract of 14.465 Acres (Parcel 50) lying in thc said S.D. Smith League, A-210 and being more particularly described as follows: BEGINNING at the beginning point &~,,-Tibed in the said 1296.533 acres McFarlane deed (VOLUME 395, PAGE 88, B.C.D.R.) said point lying in th~ common league linc oft. he S. W. Robertson L~agu~, A-202 and tbe said S. D. Smith League, A-210; THENCE S 00° 17' 38" E - 2243.95 feet along the westerly line of thc $olm P. phillips tract (no citation found), Frank A. Glen 22.37 acres tract (Joan Phillips, VOLUME 301, PAGE 353, B.C.D.R.), Peter W. Kruse 18.52 acres tract (VOLUME 470, PAGE 682, B.C.D.R.). Jerry Isarn 22.38 acres tract (VOLUME 302, PAGE 1959, B.CD.R.) to the common west comer of the said Jerry Isam tract and that of Timothy M. Goodman et al 100 acres tract (VOLUM~ 1939, PAGE 295, B.C.O.R.); THENCE S 00° 00' 12" E - 638.49 feet along the west line of the said 100 acres tract to the southeast comer of the herein described tract lying in the north linc J. T. Axers et al Lot 22 (VOLUME 1592, PAGE 270, B.C.O.R.) of the unrecorded Peachcrcek Subdivision; THENCE S 88° 55' 37" W - 1988.06 feet along the north line of the said unrecorded Peachcreek Subdivision, passing said Lot 22 and that of Mark N. Robinson Lot 23 and Lot 24 (VOLUME 824, PAGE 44, B.C.O.R.), Ralph Manning et ux Lot 25 (no citation found), Danny Shannon Lot 26 (no citation found), Paul A. Boatright Lot 27 (VOLUME 1490, PAGE 102, B.C.O.R.) and Michael Ross Bryant ct al Lot 29 (VOLUME 1980, PAGE 303, B.C.O.R.) to a north comer of said Lot 29; THENCE S 61 ° 35' 48" W - 897.48 feet along the northxvesterly line of said Lot 29 to the west corner of said Lot 29 lying in the northeasterly line of Gulf States and Exxon easements; THENCE S 52° 47' 55" W - 198.98 feet crossing the said Gulf States and Exxon easements to a comer lying in the northeasterly line of the Raceway Limited Partnership and Texas International Raceway called 604.633 acres tract (VOLUME 2093, PAGE 26, B.C.O.R.) the same being the southwesterly line of the said eascments; THENCE N 37° 12' 05" W - 3368.80 feet along thc said southwesterly linc oftbe said easements to the north corner of the said called 604.633 acres tract, the same being thc inside 'ell" corner of the herein described [tact; THENCE along the northwesterly line of the said 604.633 acres tract for the following calls: S 51° 01' 41" W - 2373.76 feet; S 57° 24' 33" W - 3260.96 feet to thc southwest most comer of thc herein described tract lying in the northeasterly right-of-way line of State I-hghway No. 6, as per the said 14.465 acres condemnation tract (Parcel 50) of the Texas State I-hghway Department (as of this date Parcel 50 still not recorded), the same being the west comer of the sald called 604 633 acres tract; 000025-F.44-]7(2640) EXHIBIT "C" - Page 1 676.g ACRES TRACT POTENTIAL ANNEXATION BRAZOS COUNTY, TEXAS 2 THENCE along the said State Highway No. 6 right-of-way for the following calls: N45° 12' 15" W-224.1 feet; N 40° 08' 22' W - 482.1 feet; N 37° 49' 03" W - 500.0 feet; N 23° 46' 53" W - 206.2 feet; N 37° 49' 03" W - 700.0 feet; N 46° 20' 54" W - 202.0 feet, N 37° 49' 03" W - 2508.95 feet (called 2526.7 feet) to the southwesterly most comer of the Pebble Creek Development Co. 50 acres tract (VOLIJME 1600, PAGE 313, B.C.O.R.), said comer also lying in the common line of the said leagues; THENCE N 88° 49' 04' E - 3203.05 feet along the said common league line, the same being the sou& line of the said 50 acres tract and the September 20, 1994 annexation Tract B of 200.82 acres, being a part of Pebble Creek Development Co. 1152.60 acres tract (VOLUME 1671, PAGE 276, B.C.O.R.) to the southeast corner of the said 200.82 acres u'act; THENCE N 88° 51' 43" E - 8874.72 f~t continuing along thc said common league line to the southwest comer of Mrs. Thomas O. Davis 21 acres tract (VOLUME 302, PAGE 701 B.C.D.tL); THENCE N 89° 13' 34' E - 451.87 feet continuing along the said common league line, the same being the south line of the said Mrs. Thomas O. Davis tract to the PLACE OF BEGINNING con~g 676.8 acres of land, more or less. Not surveyed on the ground. Prepared from the McFarlane deed recorded in VOLUME 395, PAGE 88 (B.C.D.R.) SEPTEMBER, 1996 Municipal Development Group College Stntion~ Texas BASIS OF BEARING: N 89° 08' 29' E - being the north bearing line of the McFarlane 1296.533 acres tract recorded by deed in VOLUME 395, PAGE 88 (B.C.D.R.) EXHIBIT "C" - Page 2 000025-F.44-17(2640)  ~ PEBBLE CREEK AREA ~ ,~ ~ ~ch deed oF indic~ced property. Annexation Drdln~nce EXHIBIT "C" - Page 3 METES AI~I) BOUNDS DESCRIPTION OF A 605~ ACRES TRACT POTENTIAL ANNEXATION FOR THE CITY OF COI.I,gGE STATION S.W. ROBERTSON LEAGUE, A-202 BRAZOS COUNTY, TEXAS Metes and bounds description of a 605.3 acres tract or parcel of land lying and being situated in the Samuel W. Robertson League, A-202, Brazos County, Texas and being a potential annexation for the City of College Station of that portion of the Thousand Oaks Developments Company and Global Natural Resources 1296.533 acres Tract 3 as per the deed recorded in VOLUIVlE 1454, PAGE 187 of the official records of Brazos County, Texas (B.C.O.P,.) lying in th~ said S.W. Robertson League, A-202, said tract is called Tract 20 of 690.88 acres by the Brazos County Appraisal District, said 605.31 acres tract not surveyed on the ground and is that portion of Morris and Belmont to McFagane Deed (Recorded in VOLUME 395, PAGE 90 of the Deed Record of Brazos County, B.C.D.R.) lying in the said S.W. Robertson League, A-202 and being more particularly described as follows: COMMENCING at the beginning point of the said 1296.533 acres tract described in the said McI:arlane Deed recorded in VOLUME 395, PAGE 90 (B.C.D.R.), said point lying in the common league line of the S. D. Smith League, A-210 and the said S. W. Robertson League, A-202; THENCE S 89' 13' 34" W. 451.87 feet along the said common league line to the southeast corner of Mrs. Thomas O. Davis 21.0 acres tract (VOLUME 302, PAGE 701, B.C.D.R.) and PLACE OF BEGINNING of the herein described tract; THENCE S 88° 51' 43' W, 8874.72 feet continuing along the said common league line crossing said 1296.533 acres tract to the southeast comer of a 200.82 acres annexation Tract B (dated September 20, 1994) and being a part of the Pebble Creek Development Co. 1152.60 acres tract (VOLUIv~ 1671, PAGE 276, B.C.O.R.) the same being the southwest corner of the herein described tract; THENCE along the easterly line of the said 200.82 acres tract for the following calls: N 1° 10' 56' W - 1427.78 feet; N 41 ° 24' 46' E - 2318.34 feet to the east comer of said 200.82 acres annexation Tract B the same being the southwest corner of the existing City Limits Line Ordinance No. 1759; THENCE N 89° 08' 29' E, 7311.66 feet along the south line of the City of College Station Lick Creek Park (VOLUME 488, PAGE 756, B.C.D.R.) the same being the existing City Limits Line as per City Ordinance No. 1758, to the northeast comer of the herein described tract lying in the west line of C.R. Hanna 26.72 acres tract (VOLUME 835, PAGE 03, B.C.O.R.); THENCE S 1° 04' 23' E, 3100.00 feet along tbe said 26.72 acres tract, the Steven W. Haines, Jr. 26.52 acres ix'act (no citation found) and the said Mrs. Thomas O. Davis 21.0 acres tract 'to the PLACE O F BEGII~G containing 605.3 acres of land, more or less. Not surveyed on the ground. Prepared from the McFarlane Deed Recorded in VOLUME 395, PAGE 90 (B.C.D.R.) SEPTEMBER 1996 BASIS OF BEARING: N 89° 08' 29" being the north bearing line of the McFarlane 1296.533 acres tract recorded by deed in VOLUME 395, PAGE 90 (B.C D R.) 000025-f45-17(2640) Municipal Development Group College Station, Texas EXHIBIT "D" - Page 1 PEBBLE CREEK AREA mPLEASE NDTE= Acres shown In Annex=tlon nrdln~nce =nd on m=p do not ~etch deed oF Indlceted property. Annexation nrdln(~nce Intrudes severe[ over[eps to cLariFy survey end Insure closure with current City Limits, 605.3 ac* EXHIBIT "D" - Page 2 Joe Orr, Inc. Surveyor.v & Engmeers 2167 Post Oak C~rcle College Station, Texas 77845 Wellborn Road Annexation Tract Robert Stevenson League College Station, Texas 28 October 1996 All that certain tract or parcel of land lying and being situated in the Robert Stevenson League, Abstract No 54 and the Crawford Burnett League, Abstract No. 7, in Brazos County., Texas, being a pan of Wellborn Road (FM 2154) fight-of-way, a part of the Southern Pacific Railroad right-of-way, part of the Old Wellborn Road right, of-way, all of that 100 acre tract conveyed to B.O. Ellington by deed recorded in Volume 328, Page 340, all of that 100 acre tract conveyed to B.O. Ellington by deed recorded in Volume 327, Page 533 all in the Deed Records of Brazos County, Texas, and being more particularly described as follow~: Begiumng at the intersection of the southeast line of North Graham Road and the northeast right-of-way line of Wellborn Road. Thence S 47° 03' 28" E - 1930.35 feet along the northeast right-of-way line of Wellborn Road and the southwest c~ty limits of the City of College Station as defined by Orchnance 1949 and Ordinance 2132 Io the beginning ora cu~e Io the right (R=2914.83'); Thence continuing along the northeast fight-of-way hne of Wellborn Road and the present city limits line and along the arc of a curve through a central angle of 46° 25' 40" to the end of said curve; Thence S 00° 37' 47" E - 1162.39 feet continuing along said fight-of-way and city. limits line; Thence S 89° 22' 13" W - 198.06 feet across Wellborn Road and the Southern Pacific Railroad to a 5/8" iron rod found at a fence corner between the said Ellington tract and the Wellborn Road, Limited tract described by, deed recorded in Volume 331, Page 640 of the Deed Records of Brazos County, Texas; Thence S 43° 08' 52" W - 635.48 feet along the southeast line of the said Ellington tract to a %" iron pipe found at a fence corner at the most southerly corner of the said Ellington tract; Thence N 48° 45' 09" W - 2557.58 feet along the line between the said Ellington tract and the said Wellborn Road, Limited tract to a cross-tie fence corner; Thence N 40° 59' 50' E - 308.38 feet continuing along the line between the said Ellington tract and the said Wellborn Road, Limited tract to a cross-tie fence corner; Thence N 48° 37' 50" W - 778.16 feet continuing along the line between the said Ellington tract and the said Wellborn Road, Limited tract to a cross-tie fence corner found at the most northerly corner of the said Wellborn Road, Limited tract which is the most easterly corner of that 101.49 acre tract conveyed to Cheyenne II. Ltd. by. deed recorded in Volume 1386, Page 69 of the Official Records of Brazos Count).', Texas; Thence N 47° 53' 50" W - 1319.47 feet along the line between the said Ellington tract and the said Cheyenne II, Ltd Tract to a post oak tree found at a fence corner m the southeast hne of Graham Road, EXHIBIT "E" - Page 1 Wellborn Road Annexation Tract Page 2 of 2 Thence N 41° 05' 39" E - 2087.97 feet along the southeast line of Graham Road to a ½" iron rod found in the southwest right-of-way line of Old Wellborn Road; Thence N 50° 30' 58" E - 243.20 feet across Old Wellborn Road, the Southern Pacific Railroad and Wellborn Road to thc Point of Beginning and containing 231.90 acres of land more or less. EXHIBIT "E" - Page 2 II LLI ~U 0 L. c O- 0 EXHIBIT "E" - Page 3 Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle College Station, Texas 77845 Arrington Road Annexation Tract S.W. Robertson & A. Babille Surveys College Station, Texas 18 September 1996 All that certain tract or parcel of land lying and being situated in the S.W. Robertson Survey, Abstract No. 202, and the Augustus Babille Survey, Abstract No. 75, in College Station, Brazos County, Texas, being all of that 5.53 acre tract conveyed to DMC Corporation by deed recorded in Volume 1498 Page 34, all that 3.20 acre tract conveyed to Grady N. Arnold, Jr. by deed recorded in Volume 1622, Page 178, all that 5.00 acre tract and that 0.5 acre tract conveyed to John B. Ellen, III by deeds recorded in Volume 433, Page 20 and Volume 667, Page 308, all that 2.442 acre tract conveyed to Kevin M. Bertling by deed recorded in Volume 2643, Page 186, all that 10.39 acre tract conveyed to the City of College Station by deed recorded in Volume 1217, Page 585, including all of that 6.60 acre tract conveyed to the City of Bryan by deed recorded in Volume 1940, Page 152, all ofthat 6.7883 acre tract conveyed to the City of College Station by deed recorded in Volume 1216, Page 440, all of that 1.729 acre tract conveyed to GTE Mobilnet by deed recorded in Volume 2138, Page 287, all of that 1.70 acre tract conveyed to Wedge Wireline, Inc. by deed recorded in Volume 1076, Page 422, all of the 9.22 acre remainder ofthat 10.3855 acre tract conveyed to Mike A. Downey by deed recorded in Volume 519, Page 257, part of that Lucille Hill 18.52 acre tract described by deed recorded in Volume 410, Page 138, part of that 10.61 acre tract conveyed to W.B. Harris by deed recorded in Volume 165, Page 74, part of that 5.04 acres and part of that 8.59 acres conveyed to John G. Otts by deeds recorded in Volume 294, Page 43 and Volume 296, Page 628, and part of that 24.45 acres conveyed to J.L. Gaut by deed recorded in Volume 1850, Page 248, all in the Deed Records and Official Records of Brazos County, Texas, and being more particularly described as follows: Beginning at the intersection of the northeast line of Arrington Road and the southeast right-of-way line of State Highway No. 6, which is the most westerly comer of the said DMC Corporation 5.53 acre tract. Thence along the southeast and southwest right-of-way line of State Highway No. 6 which is the City Limits line as defined by Ordinance 2043 as follows: N 66° 35' 34" E - 113.21 feet; S 54° 24' 27" E - 803.05 feet; S 59° 55' 40" E - 711.96 feet; S 48° 51' 19" E - 969.85 feet; S 42° 42' 18" E - 440.93 feet; S 40° 09' 11" E - 786.77 feet to the southeast line of the said John G. Otts tract which is the northwest line of South Oaks addition to Brazos County, Texas, according to plat of record in Volume 319, Page 821 of the Deed Records of Brazos County, Texas; Thence along the line bet~veen the said Otts tract and the said South Oaks addition as follows; S 64° 16' 02" W- 88.24 feet; S 67° 58' 34" W - 131.04 feet; S 75° 40' 48" W - 304.84 feet; N 74° 37' 02" W - 785.73 feet to the most westerly comer of the said Otts tract; Thence S 50° 48' 21" W - 417.10 feet continuing along the northwest line of the said South Oak addition to the most southerly corner of the said Harris tract; EXHIBIT "F" - Page 1 Thence N 42° 09' 37" W - 876.77 feet along the southwest line of the said Hah'is tract and the said Hill tract to an iron rod found at the most westerly comer of the said Hill tract at a southeast comer of the said City of Bryan tract; Thence S 87° 24' 12' W - 655.79 feet along the southeast line of the said City of Bryan tract to an iron rod found in the northeast line of Arrington Road at the most southerly comer of the said City of Bryan tract; Thence S 2° 48' 55" E - 124.08 feet along the northeast line of Arrington Road; Thence S 87° 11' 05" W - 33.78 feet across Arrington Road to an iron rod found at the most easterly comer of the said Gaut tract; Thence N 48° 45' 07" W - 1517.62 feet along the southwest line of the said Gaut tract and continuing across Greens Prairie Road to the northwest line of Greens Prairie Road; Thence N 41° 52' 30" E - 441.56 feet along the northwest line of Greens Prairie Road and a southeast line of the City Limits as defined by Ordinance 1456 to an angle point; Thence N 42° 28' 18" E - 542.98 feet continuing along the northwest line of Greens Prairie Road and said City Limits line to a comer of the City Limits as defined by Ordinance No. 2043; Thence S 47° 42' 31" E - 54.71 feet across Greens Prairie Road with the City Limits line as defined by Ordinance 2043 to the northwest line of the said Gaut tract; Thence N 42° 17' 29" E - 203.35 feet along the northwest line of the said Gaut tract and the City Limits line as defined by Ordinance 2043 to a concrete right-of-marker found at the intersection of the southeast line of Greens Prairie Road and the revised southwest right-of-way line of Arrington Road; Thence along the revised right=of-way line of Arrington Road as follows: N 87° 23' 08" E - 70.71 feet to a concrete right-of-way marker; S 47° 36' 52" E - 100.00 feet to a concrete right-of-way marker; S 23 o 53' 41" E - 159.11 feet to a concrete right-of-way marker found at the intersection of the old and revised right-of-way lines of Arrington Road; Thence N 87° 24' 00" B - 51.64 feet across Arrington Road to the southwest line of the said DMC Corporation tract; Thence N 2° 36' 00" W - 430.29 feet along the southwest line of the said DMC Corporation tract to the Point of Beginning and containing 111.12 acres of land more or less. EXHIBIT "F" - Page 2 PROPOSED ANNEXATION 1996 (CONT.) ARRINGTON ROAD AREA '\ OUTSIDE CITY L/MITS PLEASE NO'rE: Areas shown ~t hatched colors/shades epresent areas ctrrenl]y under consideration or annexation by City of Colege Station EXHIBIT "F" - Page 3 SERVICE PLAN FOR AREAS TO BE ANNEXED On November 19, 1996, the City Council of the City of College Station annexed certain properties located within the City's Extra-Territorial Jurisdiction into the City. These properties are illustrated in Figure 1. This plan provides a program under which the City of College Station will pr6vide full municipal services to the annexed area. The timing of service provision will vary depending on the se~ce. All services will be provided within 4 1/2 years unless changed conditions or subsequent occurrences make the service plan unworkable or obsolete. In such event, the City shall am&nd the service plan to conform to the changed conditions or subsequent occurrences as provided in Local Government Code Sec. 43.056(h). However, the following services shall be provided not later than sixty (60) days following the effective date of annexation: !) 4) 5 6) 7) police protection, fire protection, solid waste collection, maintenance of water and waste water facilities not in another utilities service area, maintenance of roads and streets, including road and street lighting, maintenance of parks, playgrounds and swimming pools, ind maintenance of any other publicly owned facility, building, or service. For the purpose of this plan, "full municipal services" includes any service funded in full or in part by municipal taxes and provided by the City of College Station within its full-service boundaries. Municipal services to be provided within the annexed area may be by any of the methods by which the City provides services to other comparable areas. PROVISION OF SERVICES TO ANNEXED AREA Municipal services within the annexed area are to be provided at the same level as such services are provided to other comparable areas of the City. Specifically, coml~arabie areas of the City are those portions of the City that have similar characteristics of topography, land u.~e and population density. The service plan may not provide fewer services or a lower level of services in the area than were in existence in the area immediately preceding the date of annexation. Police Protection Police protection and police services will be provided to the annexed properties immediately following the effective date of' annexation. Services will include patrolling, responses to 6ails, investigations and other routine police services. Police protection and services will be provided at the same level as provided to other comparable areas within College Station. EXHIBIT "G" - Page Fire Protection and Emergency Medical Service Fire protection and emergency medical service will be provided immediately following the effective date of the annexation. Protection will be provided through emergency call responses, fire prevention education, fire survey activities, and fire code enforcement. Construction and development activities undertaken aRer the effective date of annexation shall comply with all building and fire safety codes of the City of College Station. All structures shall be brought into compliance with the address standards of the College Station Code of Ordinances within shay (60) days ofthe date of annexation. ' Solid Waste Collection A portion.of the annexed area near the Nantucket Subdivision is presently served by a private collection'service. Service in this area will continue to be provided by this service through a franchise agreement. In order to secure solid waste collection services in the remaining areas, each property owner must establish a utility account with the City of College Station. Services will be provided within 10 days al~er establishing an account. Maintenance of Water and Waste Water Facilities There are no public waste water systems within the areas to be annexed which are not maintained by the City of College Station. A portion ofthe area to be annexed is currently served by a private water utility. That service will continue until a public water system is installed. The private utility will continue to maintain their system until that time. Maintenance of Roads and Streets~ including Road and Street Lightin~ Roads and streets in the area annexed will be maintained by the City of College Station. State highways are addressed in the City's maintenance :igreement with Texas Department of Transportation. Roads and streets will be added to the City's maintenance activities immediately following annexation. Maintenance priorities shall be determined on a City-wide basis taking into consideration such factors as: street width, volume of' traffic, street conditions, nature of maintenance needs, and public safety hazards. Current area street lighting will be maintained by the City of College Station as soon as the electrical distribution system for the annexed area has been acquired by the City of College Station from the City of Bryan. The sufficiency of the area's street lighting will be reviewed aRer the acquisition of the system. Street lights will be installed and maintained in a manner consistent with standards established for other comparable portions of the City. Street signs shall be brought to College Station standards within 60 ,days of the annexation. The City will install street signs in accordance with College Station standards for same within sixty (60) days of the annexation. Maintenance of Public Parks~ Piayl~rounds and Swimmin~ Pools EXHIBIT "G" - Page 2 The City Council of the City of College. Station, Texas, is not aware of the existence of any public parks, playgrounds or public svnmming pools now located in the areas proposed for annexation. In the event any such facilities do exist and are public, they will be maintained to the same degree and extent that the City maintains public parks, playgrounds and swimming pools within the current City limits. Maintenance of any other Publicly Owned Facilities~ BuildinRs or Services The City Counc'd of the City of College Station, Texas, is not aware of the existence of any publicly owned buildings now located in the areas proposed for annexation. In the. event any such facilities do exist and are public,, they will be maintained to the same degree and extent that the City maintains these facilities within the current City limits. ' Electrical services and facilities operated by the City of Bryan will be acquired by the City of College ,~on as provided by written agreement between the cities of Bryan and College Station. Permits Required Construction activities underway prior to annexation may continue provided that all construction a_fl;er annexation must comply with City codes and ordinances. Ail permits required by City codes and ordinances must be obtained for construction underway. Permit fees shall be waived for construction underway prior to annexation. CAPITAL IMPROVEMENTS Should the City make capital improvements to serve the annexed areas, the City reserves the right to levy an impact fee to the properties annexed according to Chapter 395 of the Texas Local Government Code and the City's Code of Ordinances. The City may, from time to time, include construction of new, expanded or replacement facilities in its Capital Improvements Program (CIP). Facilities to be included in the CIP sliall b~ determined on a City-wide basis. Priorities shall be established by the CIP plans of the City, growth trends and direction and the City Council through its development plans and policies. Police Protection Police protection services will be provided to the annexed area through existing City facilities at a level of service not less than exists in the area immediately preceding annexation. EXHIBIT "G" - Page 3 Fire Protection Fire protection and emergency medical services will be provided to the annex.ed _area through existing City facilities at a level of service not less than exists in the area immediately preceding annexation. Solid Waste Collection Solid waste collection services will be provided to the nnnexed area through the City's existing facilities or through franchise agreements with private services at a level of serv~ not less than exists in the area immediately preceding annexation. Water and Waste Water Facilities Water and Waste Water services will be provided through the existing facilities at a level of service not less than exists in the area immediately preceding annexation. Any assessment levied in accordance with Chapter 395 does not preclude the payment of standard tap fees or other fees that are put into etti:ct on a City-wide basis. Water and Waste Water Utility Extension Policy The water and waste water utility extension policy of the City of College Station, as evidenced through the ordinances and development practices of the City, is as follows: The cost of water and waste water facilities necessary to serve existing lots or new development within a subdivision plat or land development shall be borne by the lot owner or developer of the plat or land; The cost of off-site extension of water and waste water facilities to serve a lot, tract, plat or land development shall be borne by the owner or developer ofthe lot, tract plat or land. Where such extension is consistent with plans for the development ofthe City and its utility system the City may, by decision of the City Council, participate in the cost of construction so as to provide for additional capacity for the overall development of an area. Roads and Streets including Street Lights Streets, drainage, and street lighting will be provided through the existing facilities at a level of service not less than exists in the area immediately preceding annexation. The improvement and enlargement of roads within existing rights-of-way will be included in future capital improvements programs as practical and where needed to facilitate the maneuvering of emergency and sanitation service vehicles. EXHIBIT "G" - Page 4 Parks~ Playgrounds~ ,and Swimming Pools Parks and recreation services will be provided through the existing facilities at a level of service not less than exists in the area immediately preceding annexation. Addkional park development in the area will be addressed through the development standards and procedures of the City as additional residential development occurs. Such park d~elopment includes, but is not limited to, dedication of park land and/or money in lieu of land in accordance with the City of College Station subdivision regulations. Other Public Facilities~ Buildings~ or Services Other public facilities, buildings or servic~ will bo provided through the existing facilities at a levet of service not less than exists in the area immediately preceding annexation. VALIDITY AND AMENDMENT Upon approval by the City Council of the City of College Station this plan becomes a contractual obligation. This plan is valid for ten years from the date of its adoption. Renewal ofthe service plan is at the discretion of the City of College Station. This service plan may be amended or revised in accordance with Local Government Code Sec. 43.056(h). EXHIBIT "G" - Page 5