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HomeMy WebLinkAbout01-14-10-01 - Resolution - 01/14/2010RESOLUTION NO. 01- 14 -10 -01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DETERMINING NECESSITY FOR AND ORDERING IMPROVEMENT OF A PORTION OF HOLLEMAN DRIVE ROADWAY AND RELATED IMPROVEMENTS; PROVIDING FOR PAYMENT OF COST OF SAME PARTLY BY ASSESSMENT OF ABUTTING PROPERTY AND OWNERS THEREOF; ACCEPTING THE CITY ENGINEER'S REPORT OF THE COST ESTIMATE OF SAME; ESTABLISHING THE AMOUNTS PER FRONT FOOT PROPOSED TO BE ASSESSED FOR SUCH IMPROVEMENTS; SETTING A TIME AND DATE FOR A PUBLIC HEARING; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SAID HEARING; DIRECTING THE CITY SECRETARY TO FILE NOTICE OF THE IMPROVEMENT WITH THE COUNTY CLERK; AND PROVIDING OTHER PROVISIONS RELATED TO THE SUBJECT. BE IT RESOLVED by the City Council of the City of College Station, Texas: PART 1: That the City of College Station herein approves and accepts the offer of right of way and easement instruments offered by Capstone -CS, LLC as set forth in the conveyance instruments attached as Exhibit "A" attached hereto and made a part hereof. PART 2: That it is hereby determined necessary that a portion of Holleman Drive be improved as described in Exhibit "B" attached hereto and made a part hereof and that the same is hereby ordered to be improved. PART 3: That the nature of and the estimate of the cost of the proposed improvements to said portion of Holleman Drive as described in this resolution are as set forth in Exhibit "C" attached hereto and made a part hereof, (collectively, the "Improvements "), and the same are hereby approved and accepted. PART 4: That is it hereby determined to have a part of the cost of the Improvements paid through assessment upon the property abutting the part of such roadway to be improved and the owner of the property utilizing the "Front Foot Rule" as set forth in Chapter 313 Texas Transportation Code. PART 5: That the current estimated per front foot amount proposed to be assessed for the Improvements shall be as shown in Exhibit "C." The final per front foot amount will be calculated based upon the final bid received and accepted by the City for construction of the Improvements. OADepartment FilesTublic Works \Holleman st assessmV09 \Holleman Resol 6.docx Resolution No. 01- 14 -10 -01 PART 6: That the Public Works Department of the City of College Station has prepared plans and specifications for the Improvements, and same are hereby approved, adopted and placed on file in the office of the Director of Public Works. PART 7: That the proposed terms of payment and default of the assessment for the cost of the Improvements shall be as follows: a) Not more than all the cost of constructing, reconstructing, repairing and realigning curbs, gutters, sidewalks, and nine - tenths (9 /10ths) of the remaining costs of the Improvements that are subject to being assessed, as shown by the Estimate in Exhibit "C ", shall be assessed against abutting property and the owners thereof. b) The City of College Station shall pay all remaining costs of the Improvements as set forth in Exhibit "C ". c) The cost of any of the Improvements that is assessed against abutting property and the owner or owners of the property shall be apportioned among the parcels of abutting property and the owners of the property in accordance with the Front Foot Rule. Interest shall accrue at the rate of five percent (5 %) a year upon completion of the Improvements. The assessments shall mature and become due and payable in full, including any accrued interest, within thirty (30) days of (i) a sale of all or any portion of the abutting property subject to an assessment levied hereby (provided, that the calculation of the amount of any assessment due in such an event shall be made in accordance with Part 8 hereof), or (ii) upon passage of five (5) years after the Improvements have been completed, whichever occurs first and as further set forth herein. In the event only some of the abutting property is sold before the expiration of five years as set forth above, then only that portion of assessment shall mature as set forth herein and pursuant to the front foot rule. When all or a portion of the assessment matures and becomes due and payable as set forth herein interest shall accrue at the rate not to exceed the greater of. eight percent (8 %) a year or the rate payable by the municipality on its most recently issued general obligation bonds, determined as of date of the notice provided by the Texas Transportation Code. Any payments made before the due date shall be accepted, and may be made in whole or in part at anytime and used to offset the total amount due including accrued interest. PART 8: In the event some or all of the property assessed is sold within the first five (5) years after the Improvements have been completed, payment due shall be proportionate to the amount of linear footage sold along Holleman Drive to the total amount of linear footage assessed; and shall include the accrued interest thereon. Following such sale and upon full payment of the proportionate assessed amount due pursuant to the provisions of this Resolution and pursuant to the Front Foot Rule, seller shall be entitled to OADepartment FilesTublic WorkMolleman st assessmt'OMolleman Resol 6.docx Resolution No. 01- 14 -10 -01 receive a release for that portion of assessed property sold. Such release shall be in written and recordable form from the City of College Station. PART 9: That the City Secretary is herby instructed to file notice of lien assessment with the County Clerk. PART 10: That the City Secretary of the City of College Station be, and is hereby directed to publish a Notice of Public Hearing, to be held in the Council Chamber of the City Hall, College Station, Texas, on the twenty fifth day of February 2010 at seven o'clock P.M. PART 11: That the City Secretary is hereby instructed to file notice of public hearing on the proposed assessment. That the notice of the hearing shall be published at least three times in a newspaper published in the municipality in which the assessment tax is to be imposed. That the first publication of the notice shall be made not later than the twenty -first day before the date of the hearing. PART 12: That in addition to the published notice described above, written notice of the hearing shall be given by mail, postage prepaid, deposited at least fourteen days before the date of the hearing, and addressed to the owners of the properties abutting the part of the street to be improved, as the names and addresses of the owners are shown on the rendered tax roll of the municipality, by the Director of the Public Works Department or his designee. If the names of the respective owners do not appear on the rendered tax roll, the notice shall be addressed to the owners as their names and addresses are shown on the unrendered tax roll of the municipality. PART 13: That this resolution shall take effect immediately from and after its passage. ADOPTED this 14th day of January , A.D. 2010. APPROVED: t" --- Mayor OADepartment FilesTublic Works\Holleman st assessmCOMolleman Resol 6.docx ATTEST: "- --;6 EXHIBIT A TO RESOLUTION NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. RIGHT OF WAY DEDICATION DEED DATE: , 2010 GRANTOR: CAPSTONE — CS, LLC, an Alabama limited liability company GRANTOR'S MAILING ADDRESS: (including County) 431 Office Park Drive Jefferson County Birmingham, Alabama 35223 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue Brazos County College Station, Texas 77842 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration. PROPERTY: All that certain tract or parcel of land containing 2.99 acres of land, more or less, lying and being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, said tract being a portion of the remainder of a called 134.041 acre tract as described in a deed to TLS Properties, Ltd., recorded in Volume 3091, Page 243, of the Official Public Records of Brazos Counties, and a portion of a called 4.99 acre tract as described by a deed to TLS Properties, Ltd., recorded in Volume 8375, page 224, of the Official Records of Brazos County, Texas, said 2.99 acre tract being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all intents and purposes (hereinafter sometimes referred to as "Property"). Page 1 O: (Department FilesWublic WorksWblleman st assessmt '091Real estate trans lcapstoneldrajtsU -Dedication Deed #7 - 12- 31- 2009.docx EXHIBIT A TO RESOLUTION RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easement dated April 17, 1979, from Travis L. Smith, DI, et al to the City of Bryan, and recorded in Volume 430, Page 46 of the Deed Records of Brazos County, Texas. 2. Easement dated August 23, 1979, from John Douglas Smith, et al to the City of Bryan, and recorded in Volume 434, Page 435 of the Deed Records of Brazos County, Texas. Easement as Awarded in Judgment dated June 30, 2003, from the City of College Station to TLS Properties, Ltd., et al, and recorded in Volume 5419, Page 110, Deed Records of Brazos County, Texas. 4. Easement dated January 7, 2004, from TLS Properties, Ltd. to the City of Bryan, dba Bryan Texas Utilities, and recorded in Volume 5812, Page 288 of the Official Records of Brazos County, Texas. Easement dated July 25, 2005, from TLS Properties, Ltd. to the City of Bryan, dba Bryan Texas Utilities, and recorded in Volume 6849, Page 148 of the Official Records of Brazos County, Texas. 6. Easement dated June 4, 2008, from TLS Properties, Ltd. to the City of Bryan, dba Bryan Texas Utilities, and recorded in Volume 8633, Page 51 ofthe Official Records ofBrazos County, Texas. 7. Easement dated January 7,. 1972, from Sidney N. Smith, et al to Wellborn Water Supply Corporation, and recorded in Volume 303, Page 354 of the Deed Records of Brazos County, Texas. Easement dated October 7, 1947, from T.L. Smith, Jr. to Sinclair Refining Company, and recorded in Volume 132, Page 127, Deed Records of Brazos County, Texas and as described in Assignment of Right of Way Easement dated March 1, 1991, from Arco Transportation Alaska, Inc. to ARCO Pipe Line Company, recorded in Volume 1559, Page 175, Official Records of Brazos County, Texas and subject to the terms and conditions of Partial Release and Modification of Easement Rights dated May 19, 2009, from Explorer Pipeline Investment Co. to T. L. Smith, Jr., et al, recorded in Volume 9122, page 179, Official Records of Brazos County, Texas. 9. Easement dated July 24, 1984, from J.D. Smith, et al to the City of Bryan, and recorded in Volume 709, Page 509 of the Official Records of Brazos County, Texas. 10. Easement dated April 22, 1987, from John Douglas Smith, et al to Wellborn Water Supply Corporation, and recorded in Volume 1114, Page 347 of the Official Records of Brazos County, Texas. Page 2 O: (Department FileAPublic WorksWolleman st assessmt 'WReal estate translcapstoneldraftsV -Dedication Deed #7 - 12- 31- 2009.doex EXHIBIT A TO RESOLUTION 11. Easement dated July 15, 1997, from John D. Smith, et al to Ferguson - Burleson Gas Gathering System, and recorded in Volume 2788, Page 175 of the Official Records of Brazos County, Texas. 12. Easement dated August 11, 2004, from TLS Properties, Ltd. to the City of Bryan, dba Bryan Texas Utilities, and recorded in Volume 6248, Page 78 of the Official Records of Brazos County, Texas. 13. Right of Way Easement dated May 30, 1958, from T. L. Smith, Jr. to The City of Bryan, Texas, recorded in Volume 190, page 23, of the Deed Records of Brazos County, Texas. 14. Royalty Deed dated April 8, 1946, from T.L. Smith, Jr. to William Bukowski, et al, and recorded in Volume 123, Page 583, Deed Records of Brazos County, Texas. 15. Royalty Deed dated March 30, 1984, from Rosa Bukowski to W.N. Adkins, and recorded in Volume 670, Page 171, Official Records of Brazos County, Texas. 16. Royalty Deed dated June 17, 1985, from Annie Bukowski to H.B. Young, and recorded in Volume 805, Page 67, Official Records of Brazos County, Texas. 17. Mineral Reservation as set out in Special Warranty Deed dated December 15, 2008, from TLS Properties, Ltd. to Capstone - CS, LLC, recorded in Volume 8900, page 148, Official Records of Brazos County, Texas. 18. Mineral Reservation as set out in Special Warranty Deed dated May 14, 2008, from Brazos County, Texas to TLS Properties, Ltd., recorded in Volume 8591, page 273, Official Records of Brazos County, Texas. 19. Oil and Gas Lease dated September 24, 1993, from John Douglas Smith, et al, to Apache Corporation, and recorded in Volume 2019, Page 294, Official Records of Brazos County, Texas, and as amended in Amendment to Oil, Gas and Mineral Lease dated March 31, 1994, from John Douglas Smith, et al to Apache Corporation, recorded in Volume 2103, page 189, Official Records of Brazos County, Texas and Oil and Gas Extension Amendment dated July 27, 1995 from John Douglas Smith, et al to Union Pacific Resources Company, recorded in Volume 2419, page 146, Official Records of Brazos County, Texas and Oil and Gas Second Extension Amendment dated August 30, 1996 from John Douglas Smith, et al to Union Pacific Resources Company, recorded in Volume 2691, page 73, Official Records of Brazos County, Texas and subject to Waiver of Surface Use (Mineral) dated September 5, 2008, executed by Ogden Resources, Ltd. to TLS Properties, Ltd., recorded in Volume 8874, page 198, Official Records of Brazos County, Texas. Page 3 O: Department FileslPublic WorksWolleman st assessmt '09Teal estate translcapstoneWrajtsll -Dedication Deed #7 - 12- 31- 2009.docx EXHIBIT A TO RESOLUTION 20. Memorandum of Oil and Gas Lease dated April 7, 1984, from The County of Brazos, Texas, to Threshold Energy, Inc., recorded in Volume 695, Page 152, Official Records of Brazos County, Texas. Notwithstanding the foregoing, GRANTOR waives all rights with respect to the surface and no owner of the mineral estate shall ever have rights of ingress or egress except as may have been reserved by GRANTOR under the reservations and exceptions expressly listed in this deed or its predecessors in title. GRANTOR, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, GIVES, and DEDICATES to GRANTEE the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to GRANTEE and GRANTEE's successors and assigns forever for public purposes, including the construction, installation, maintenance and repair of a public roadway, drainage facilities, utilities and improvements related thereto. This conveyance is in effect forever so long as GRANTEE gives its construction contractor notice to proceed for the construction of a public roadway within the Property on or before June 1, 2010. In the event GRANTEE fails to give its construction contractor notice to proceed for the construction of a public roadway within the Property on or before June 1, 2010, all title of GRANTEE in and to the Property shall revert to GRANTOR without any further action by GRANTOR or GRANTEE. GRANTOR binds GRANTOR and GRANTOR's successors and assigns, to warrant and forever defend all and singular the property to GRANTEE and GRANTEE's successors and assigns, except as to the reservations from and exceptions to conveyance and warranty, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under GRANTOR, but not otherwise. When the context requires, singular nouns and pronouns include the plural. CAPSTONE — CS, LLC, an Alabama limited liability company By: CAPSTONE DEVELOPMENT CORP. Its sole member By: Name: Page 4 Title: O: (Department FileslPublic WorksWolleman st assessmt '09Teal estate translcapstoneWraftsV -Dedication Deed #7 - 12- 31- 2009.docx EXHIBIT A TO RESOLUTION APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SUBMISSION FOR APPROVAL. City Attorney THE STATE OF ALABAMA COUNTY OF JEFFERSON ACKNOWLEDGMENT This instrument was acknowledged before me on this day of , 2010 by , , of CAPSTONE DEVELOPMENT CORP., Sole Member of CAPSTONE — CS, LLC., an Alabama limited liability company, on behalf of said CAPSTONE — CS, LLC., an Alabama limited liability company. Notary Public in and for the State of Alabama PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842 -9960 AFTER RECORDING, RETURN TO: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842 -9960 Page 5 O: (Department Fi1eAP1[b1ic WorksWolleman st assessmt '09Mea1 estate translcapstoneWraftsq -Dedication Deed 47 - 12- 31- 2009.docx EXHIBIT A TO RESOLUTION METES AND BOUNDS DESCRIPTION OF A 2.99 ACRE TRACT CRAWFORD BURNETT LEAGUE, A -7 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACTNO.7, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 134.041 ACRE TRACT AS DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME 3091, PAGE 243 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND A PORTION OF A CALLED 4.99 ACRE TRACT AS DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME 8735, PAGE 224 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE SOUTHERLY LINE OF FM 2818 (HARVEY MITCHELL PARKWAY- VARIABLE WIDTH R.O.W.) MARKING THE NORTHWEST CORNER OF SAID REMAINDER OF 134.041 ACRE TRACT AND THE NORTHEAST CORNER OF 2818 PLACE, ACCORDING TO THE PLAT RECORDED IN VOLUME 8721, PAGE 259 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 83° 49'00" E ALONG THE SOUTHERLY LINE OF FM 2818 FOR A DISTANCE OF 231.75 FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: N 83'49'00" E CONTINUING ALONG THE SOUTHERLY LINE OF FM 2818 FOR A DISTANCE OF 70.97 FEET TO A CONCRETE RIGHT-OF-WAY MARKER FOUND MARKING AN ANGLE POINT IN SAID LINE; THENCE: N 84'44'20" E CONTINUING ALONG THE SOUTHERLY LINE OF FM 2818 FOR A DISTANCE OF 14.02 FEET TO A POINT MARKING THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 755.00 FEET, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE SOUTHERLY LINE OF FM 2818 BEARS: N 84° 44' 20" EFOR A DISTANCE OF 1122.70 FEET; THENCE: THROUGH SAID REMAINDER OF 134.041 ACRE TRACT FOR THE FOLLOWING CALLS: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04 47'44" FOR AN ARC DISTANCE OF 63.19 FEET (CHORD BEARS: S 08° 35'54" E- 63.17 FEET) TO THE END OF SAID CURVE; S 01 25' 11" W FOR A DISTANCE OF 21.80 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 760.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53 41' 40" FOR ANARC DISTANCE OF 712.23 FEET (CHORD BEARS: S 39'26'54" E- 686.45 FEET) TO THE END OF SAID CURVE; N 67 11'54" E FOR A DISTANCE OF 20.30 FEET; N 20° 41'32" E FOR A DISTANCE OF 7.85 FEET; S 70° 09' 53" E FOR A DISTANCE OF 60.01 FEET; S 20 41'32" W FOR A DISTANCE OF 8.18 FEET; S 26° 10'59" E FOR A DISTANCE OF 20.43 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 760.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27 52'52" FORAN ARC DISTANCE OF 369.83 FEET (CHORD BEARS: S 86° 59'52" E - 366.19 FEET) TO THE END OF SAID CURVE; N 79 03'42" E FOR A DISTANCE OF 199.53 FEET; EXHIBIT A TO RESOLUTION S 10° 56' 18" E, AT 63.77 FEET PASS A 5/8 INCH IRON ROD FOUND MARKING THE NORTH CORNER OF SAID 4.99 ACRE TRACT, SAID IRON ROD FOUND BEING ON THE WESTERLY LINE OF THE REMAINDER OF A CALLED 10.7466 ACRE TRACT AS DESCRIBED BY A DEED TO THE CITY OF COLLEGE STATION RECORDED IN VOLUME 6950, PAGE 42 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, CONTINUE ON FOR A TOTAL DISTANCE OF 105.00 FEET, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE EAST LINE OF SAID 4.99 ACRE TRACTBEARS: S 10 56'18" E FOR A DISTANCE OF 397.92 FEET; THENCE: S 79'03'42" W THROUGH SAID 4.99 ACRE TRACT FOR A DISTANCE OF 80.00 FEET TO A POINT WITHIN SAID REMAINDER OF 134.041 ACRE TRACT; THENCE: THROUGH SAID REMAINDER OF 134.041 ACRE TRACT FOR THE FOLLOWING CALLS: N 55 56' 18" W FOR A DISTANCE OF 35.36 FEET; S 79'03'42" W FOR A DISTANCE OF 94.53 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 840.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28 32'57" FOR AN ARC DISTANCE OF 418.55 FEET (CHORD BEARS: N 86'39'50" W— 414.24 FEET) TO THE END OF SAID CURVE; S 71 08'58" W FOR A DISTANCE OF 28.48 FEET; S 32° 52'35" W FOR A DISTANCE OF 10.31 FEET; N 71 13'22" W FOR A DISTANCE OF 61.86 FEET; N 32° 52'35" E FOR A DISTANCE OF 10.31 FEET; N 29 44'3 V W FOR A DISTANCE OF 33.72 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 840.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14 47'40" FOR AN ARC DISTANCE OF 216.90 FEET (CHORD BEARS: N 57'29'51" W-216.30 FEET) TO THE END OF SAID CURVE; S 85 29'58" W FOR A DISTANCE OF 35.00 FEET; N 44° 24'59" W FOR A DISTANCE OF 60.18 FEET; N 00'5 1' 06" W FOR A DISTANCE OF 33.44 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 840.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36'37'03" FORAN ARC DISTANCE OF 536.84 FEET (CHORD BEARS: N 24'29'32" W— 527.75 FEET) TO THE POINT OF BEGINNING CONTAINING 2.99 ACRES OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. SEE PLAT PREPARED AUGUST, 2009, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORK/MAB /09- 472A.MAB OarnRaPee PaPSv Ybiu O• -; BRAD KERR ao5oectooreeuenosenr.o•r..: m V -4 �;5U2 Q-c�„ rf. EXHIBIT A TO RESOLUTION "HARVEY MITCHELL PARKWAY" FM 2818 — VARIABLE WIDTH R.O.W• 5/8 INCH IRON ROD FOUND N 83'49'00° E 231.75' POINT OF BEGINNING LINE DISTANCE BEARING L1 70.97' N 83'49'00" E L2 14.02' N 8444'20" E L3 21.80' S 01'25'11 " W L4 20.30' N 67'11'54" E L5 7.85' N 20'41'32" E L6 60.01' S 70'09'53" E L7 8.18' S 20'41'32" W L8 20.43' S 26' 10'59" E L9 80.00' S 79'03'42" W L10 35.36' N 55'56'18" W L11 28.48' S 71'08'58" W L12 10.31' S 32'52'35" W L13 61.86' N 71'13'22" W L14 10.31' N 32'52'35" E L15 33.72' N 29'44'31" W L16 35.00' S 85'29'58" W L17 .. 60 18' - _ N 442459` W L18 33.44' N 00'51'06" W SHEET ONE OF TWO CONCRETE RIGHT —OF —WAY MARKER FOUND L1 \L C7 J SCALE: 1 " = 100' gig INCH IRRON ROD f � FOUND PEA 1122.70' N 84'44' E N/F TLS PROPERTIES, LTD. REM, 134.041 ACRE TRACT 3091/243 6' �i tp C� �F ti � ° X\ 0A \ f- yj- C� N /F. TLS PROPERTIES, LTD. REM. 134.041 ACRE TRACT 3091/243 SURVEY PLAT OF A 2.99 ACRE TRACT FUTURE STREET RIGHT -OF -WAY CRAWFORD BURNETT LEAGUE, A -7 COLLEGE STATION, BRAZOS COUNTY, TEXAS SCALE: 1 INCH = 100 FEET I� SURVEY DATE: AUG. 2008 (� PLAT DATE: 08 -04 -09 l� JOB NUMBER: 09 -472 CAD NAME: 09 -472A CRS FILE: TLS (cunt); 08 -593 (job) PREPARED BY: KERR SURVEYING, LLC 505 CHURCH AVENUE, P.O. BOX 269 COLLEGE STATION, TEXAS 77841 PH ( 979) 268 -31 0 W z �I x �Ll 1 BEARING SYSTEM SHOWN HEREON IS BASED ON GRID NORTH AS ESTABLISHED FROM CPS OBSERVATION, SEE METES AND BOUNDS PREPARED AUGUST 2009 FOR MORE DESCRIPTIVE INFORMATION. 11 oQ Q(0 UJ N O C7 O\ 1 FUTURE S�A110N W GE Ol l TRPCT 1 1 0 Ow rn z U U w Lo _- C1N ACR �a 0. * R FouNo emss: 1 105.08 E 6 aoo 397.92' g/8 INCH IR 1 E 10 . 8" A1.2 5 63.7 \ r -- L =z \ J 1 ?� \ wQ \\ �~ 1 110 �� ° \ oar 1 1 � ^ P T O U N \\ Q'¢LO 1 ) \ \,_ . \ Z d' 00 1 O J � O� '0.) o') I \ _ — — — r Z r N \ II \ \ p�0Ol�0LO �' — w v) NMr <Y N Q C-) V) LO V \ \ h o9�Y\ \ �� ° °Q• on � ✓t \ omr U WWW��� H U J W 0_ (n Q W _ W O d 4 r7 W -, CL _ \J W O Z�--D:r7 3N0 133HS 3Nn HOlvR UJ� O ' eV C ° c W U Q Of W U ° N LL. Q X Ld < I �$ Q J'rn I W Z O °� LL_ D < F- - oo W OO>N 4 M � Q J - 0C) ( D O � O hJ O T - „W•• C m W 4 C, \/ > Q�yyff Z v Y Q 1 g W D p VW L� � (n m(- W > ~mQ� Q=om= W Q UN L� SNv D L, V N N W N �aW U L`C)w U J O G� U NOIlmosam Ol V IISIHX3 EXHIBIT A TO RESOLUTION NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. PARTIAL RELEASE OF LIEN 1. For valuable consideration paid to the undersigned, TLS Properties, Ltd., a Texas limited partnership ( "TLS "), whose address is 908 Town & Country Blvd, Suite 312, Houston, Texas 77024 -2207, the receipt of which is hereby acknowledged, the undersigned hereby release and discharge all of the rights, titles, interests and liens held by TLS relating to the following described interests and properties, to -wit: A tract of land consisting of 2.99 acres, lying and being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, as more particularly described by metes and bounds on EXHIBIT A attached hereto and made a part hereof for all purposes (the "Property"); insofar and only insofar as such rights, titles, interests and liens were created and are existing under instrument or instruments heretofore executed or transferred to or for the benefit of the TLS described as follows: Deed of Trust, Security Agreement and Financing Statement ( "Deed of Trust "), dated as of December 15, 2008 executed by Capstone — CS, LLC, an Alabama limited liability company ( "Capstone ") to J. William Earle of Harris County, Texas, as Trustee for the benefit of TLS and covering among other property the property described above and being recorded under Clerk's File No. 01016447 and recorded in Volume 8900, Page 156 in the Deed Records of Real Property of Brazos County, Texas, together with any amendments thereto. 2. It is expressly understood and agreed that this is a PARTIAL RELEASE only and shall in no way release, affect or impair the undersigned's rights, titles, interests and liens against any other interest and property described in and covered by the above described instrument or instruments. 3. Reference is hereby made to the above described instrument or instruments and the recordation thereof for all purposes in connection herewith. 4. Notwithstanding the above, this Partial Release is granted in partial consideration of the dedication and conveyance of the Property by Capstone to the City of College Station Texas ( "City ") for the extension of Holleman Drive and for the paving of that portion of Holleman Drive on the Property by the City and other public improvements on the Property. In the event that Capstone re- acquires any or all of the Property, Capstone hereby acknowledges and agrees that the consideration for this partial release of liens shall have failed and is TLS Partial Release 2.99 ac Capstone 794276.I/SPH/I1042/0101/123009 EXHIBIT A TO RESOLUTION insufficient and this Partial Release of Liens shall be void ab initiao and of no force and effect as to any of the Property re- acquired by Capstone. Capstone further agrees to take such further steps as reasonably requested by TLS to confirm the validity of the liens in favor of TLS securing the obligations of Capstone to TLS as set forth in the Deed of Trust. EXECUTED this day of 9 2010. TLS Properties, Ltd., a Texas limited partnership By: TLS Operating Company, LLC, its sole general partner Bruce A. Smith, President ACCEPTED BY CAPSTONE — CS, LLC for the purpose of confirming the agreements set forth in Paragraph 4 above. Capstone — CS, LLC, an Alabama limited liability company By: Capstone Development Corp., its sole member Rob Howland As Its Chief Operating Officer ATTACHMENT: EXHIBIT A — Property description of 2.99 acre tract STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on , 2010, by Bruce A. Smith, President of TLS Operating Company, LLC, as sole general partner TLS PROPERTIES, LTD., a Texas limited partnership, on behalf of said limited partnership. Notary Public, State of Texas Name printed: My commission expires: TLS Partial Release 2.99 ac Capstone 2 EXHIBIT A TO RESOLUTION STATE OF ALABAMA COUNTY OF JEFFERSON This instrument was acknowledged before me on November , 2010, by Rob Howland, as Chief Operating Officer of Capstone Development Corp., an Alabama corporation, as sole member of Capstone — CS, LLC, an Alabama limited liability company, on behalf of said limited liability company. Notary Public, State of Alabama Printed Name: My commission expires: AFTER RECORDING RETURN TO: City of College Station Legal Department P. O. Box 9960 College Station, Texas 77842 -9960 TLS Partial Release 2.99 ac Capstone 3 EXHIBIT A TO RESOLUTION METES AND BOUNDS DESCRIPTION OF A 2.99 ACRE TRACT CRAWFORD BURNETT LEAGUE, A -7 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO.7, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 134.041 ACRE TRACT AS DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME 3091, PAGE 243 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND A PORTION OF A CALLED 4.99 ACRE TRACT AS DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME 8735, PAGE 224 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE SOUTHERLY LINE OF FM 2818 (HARVEY MITCHELL PARKWAY - VARIABLE WIDTH R.O.W.) MARKING THE NORTHWEST CORNER OF SAID REMAINDER OF 134.041 ACRE TRACT AND THE NORTHEAST CORNER OF 2818 PLACE, ACCORDING TO THE PLAT RECORDED IN VOLUME 8721, PAGE 259 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 83° 49'00" E ALONG THE SOUTHERLY LINE OF FM 2818 FOR A DISTANCE OF 231.75 FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: N 83'49'00" E CONTINUING ALONG THE SOUTHERLY LINE OF FM 2818 FOR A DISTANCE OF 70.97 FEET TO A CONCRETE RIGHT -OF -WAY MARKE FOUND MARKING AN ANGLE POINT IN SAID LINE; THENCE: N 84'44'20" E CONTINUING ALONG THE SOUTHERLY LINE OF FM 2818 FOR A DISTANCE OF 14.02 FEET TO A POINT MARKIN G THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 755.00 FEET, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE SOUTHERLY LINE OF FM 2818 BEARS: N 84'44'20" E FOR A DISTANCE OF 1122.70 FEET; THENCE: THROUGH SAID REMAINDER OF 134.041 ACRE TRACT FOR THE FOLLOWING CALLS: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04'47'44" FOR ANARC DISTANCE OF 63.19 FEET (CHORD BEARS: S 08° 35'54" E- 63.17 FEET) TO THE END OF SAID CURVE; S 01 ° 25'11 " W FORA DISTANCE OF 21.80 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 760.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53 41'40" FOR AN ARC DISTANCE OF 712.23 FEET (CHORD BEARS: S 39'26'54" E- 686.45 FEET) TO THE END OF SAID CURVE; N 67 11'54" E FORA DISTANCE OF 20.30 FEET; N 20 41'3 2" E FOR A DISTANCE OF 7.85 FEET; S 70 09' 53" E FOR A DISTANCE OF 60.01 FEET; S 20 41'32" W FOR A DISTANCE OF 8.18 FEET; S 26 10'59" E FOR A DISTANCE OF 20.43 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 760.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27 52'52" FOR AN ARC DISTANCE OF 369.83 FEET (CHORD BEARS: S 86° 59'52" E- 366.19 FEET) TO THE END OF SAID CURVE; N 79 03'42" E FOR A DISTANCE OF 199.53 FEET; EXHIBIT A TO RESOLUTION S 10 AT 63.77 FEET PASS A 5/8 INCH IRON ROD FOUND MARKING THE NORTH CORNER OF SAID 4.99 ACRE TRACT, SAID IRON ROD FOUND BEING ON THE WESTERLY LINE OF THE REMAINDER OF A CALLED 10.7466 ACRE TRACT AS DESCRIBED BY A DEED TO THE CITY OF COLLEGE STATION RECORDED IN VOLUME 6950, PAGE 42 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, CONTINUE ON FOR A TOTAL DISTANCE OF 105.00 FEET, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE EAST LINE OF SAID 4.99 ACRE TRACT BEARS: S 10 56'18" E FOR A DISTANCE OF 397.92 FEET; THENCE: S 79° 03'42" W THROUGH SAID 4.99 ACRE TRACT FOR A DISTANCE OF 80.00 FEET TO A POINT WITHIN SAID REMAINDER OF 134.041 ACRE TRACT; THENCE: THROUGH SAID REMAINDER OF 134.041 ACRE TRACT FOR THE FOLLOWING CALLS: N 55 56'18" W FOR A DISTANCE OF 35.36 FEET; S 79 03'42" W FOR A DISTANCE OF 94.53 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 840.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28 32'57" FORAN ARC DISTANCE OF 418.55 FEET (CHORD BEARS: N 86 39'50" W - 414.24 FEET) TO THE END OF SAID CURVE; S 71 08'58" W FOR A DISTANCE OF 28.48 FEET; S 32 52'35" W FOR A DISTANCE OF 10.31 FEET; N 71 13'22" W FOR A DISTANCE OF 61.86 FEET; N 32° 52'35" E FOR A DISTANCE OF 10.31 FEET; N 29 44'3 1 " W FOR A DISTANCE OF 33.72 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 840.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14 4740" FORAN ARC DISTANCE OF 216.90 FEET (CHORD BEARS: N 57 29'51 " W - 216.30 FEET) TO THE END OF SAID CURVE; S 85° 29'58" W FOR A DISTANCE OF 35.00 FEET; N 44 24'59" W FOR A DISTANCE OF 60.18 FEET; N 00 51'06" W FOR A DISTANCE OF 33.44 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 840.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36'37'03" FOR ANARC DISTANCE OF 536.84 FEET (CHORD BEARS: N 24 29'32" W-527.75 FEET) TO THE POINT OF BEGINNING CONTAINING 2.99 ACRES OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. SEE PLAT PREPARED AUGUST, 2009, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/W ORK/MAB /09- 472A.MAB BRAD Ke.R4 Dave aaaoerrouea orene.,rr .: q. EXHIBIT A TO RESOLUTION "HARVEY M ITCHELL FM 2818 WIDTH R.O.W. I _mob 5/8 INCH IRON ROD' FOUND 231.75' N 83 E POINT OF BEGINNING LINE DISTANCE BEARING L1 70.97' N 83'49'00" E L2 14.02' N 84'44'20" E L3 21.80' S 01'25' 1 1 " W L4 20.30' N 67' 11'54" E L5 7.85' N 20'41'32" E L6 60.01' S 70'09'53" E L7 8.18' S 20'41'32" W L8 20.43' S 26'10'59" E L9 80.00' S 79'03'42" W L10 35.36' N 55'56'18" W L11 28.48' S 71'08'58" W L12 10.31' S 32'52'35" W L13 61.86' N 71'13'22" W L14 10.31' N 32'52'35" E L15 33.72' N 29'44'31" W L16 35.00' S 85'29'58" W L17 60 18' " N 442459` W L18 33.44' N 00'51'06" W CONCRETE RIGHT -OF -WAY MARKER FOUND L1 \L — n M J SCALE: 1 " = 100' 5/8 INCH IRON ROD FOUND BEARS* i l22 70' N B4'4420 E N/F TLS PROPERTIES, LTD. REM. 134.041 ACRE TRACT 3091/243 6' G J G F` y C) �F ti � o : ; t\ 95L 0 N /F. TLS PROPERTIES, LTD. REM. 134.041 ACRE TRACT 3091/243 eF�,,� G151'FR�{� 00 - OCC600 HPD 0 000065"DD{% PO(+ SHEET ONE OF TWO BRAD KERR icaeD DgazazaaaDar�soa 6ece SURVEY PLAT ��`� :P aso2 "R, U L16 OF A ��y ° s op °D U �J .- ° aura 2.99 ACRE TRACT �� SURN FUTURE STREET RIGHT —OF —WAY CRAWFORD BURNETT LEAGUE, A -7 C OLLEGE STATION, BRAZOS COUNTY, TEXAS SCALE: 1 INCH = 100 FEET I� SURVEY DATE: AUG. 2008 lA (� PLAT DATE: 08 -04 -09 l� JOB NUMBER: 09 -472 CAD NAME: 09 -472A CR5 FILE: TLS (cont); 08 -593 (job) PREPARED BY: KERR SURVEYING, LLC 505 CHURCH AVENUE, P.O. BOX 269 COLLEGE STATION, TEXAS 77841 PHONE (979) 268 -3195 m. z �I x CS BEARING SYSTEM SHOWN HEREON IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION, SEE METES AND BOUNDS PREPARED AUGUST 2009 FOR MORE DESCRIPTIVE INFORMATION. EXHIBIT A TO RESOLUTION ra v u 0 (7 O O ON O C� �0 W 7 O r I n °j n C) M>c Q� um N Cn -IC r,N� � N ' > ,70 O � m Vl "o� =e m oto ,> O m -1 < " ;D ' !l C � C I m P m 2 NZCO� zO w cO r> C > l C� m� z ---I -Ti m fT1 O vom mmmmx ? mom m> N '�oo O rn N O I tD O A I O m 1 '41 4. O O G) —I C/) N << N�VOO� co N�COM m (7D (7 O Nv0 IxZ � 0�0-� CC-r, 0 zml to DD C m J D ra v u 0 (7 O O ON O C� c C N C A C) m ca C w = rm MATCH UNE SHEET ONE 0m�\ cD��r7 X CA C) W.P- Om _pZ�J �m m r I O — I • 0r1 a gggmmm \ y c \ cp p P 1 C7 41 m° ;o Ln 1 ,, o� 1 M ^z n� \\ c ifl `'! 1 \ z° — Lo £Z' lV S ,Z6 � ON�O� OOa NOaI HONE 8I 3 „8p 8p � O 1 1 rn 70 n C) z ) NMI co m0 — \ 1 0 3 mom N011dls 3� 3�nln� Nomm 1 v �� � D m -1 D 1 �z ' 1 �0 W 7 I n °j C> Q� c C N C A C) m ca C w = rm MATCH UNE SHEET ONE 0m�\ cD��r7 X CA C) W.P- Om _pZ�J �m m r I O — I • 0r1 a gggmmm \ y c \ cp p P 1 C7 41 m° ;o Ln 1 ,, o� 1 M ^z n� \\ c ifl `'! 1 \ z° — Lo £Z' lV S ,Z6 � ON�O� OOa NOaI HONE 8I 3 „8p 8p � O 1 1 rn 70 n C) z ) NMI co m0 — \ 1 0 3 mom N011dls 3� 3�nln� Nomm 1 v �� � D m -1 D 1 �z ' 1 EXHIBIT A TO RESOLUTION NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. PUBLIC ACCESS AND LANDSCAPE EASEMENT DATE: GRANTOR: CAPSTONE — CS, LLC, an Alabama limited liability company GRANTOR'S MAILING ADDRESS: 431 Office Park Drive (including County) Jefferson County Birmingham, Alabama 35223 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue Brazos County College Station, Texas 77842 CONSIDERATION: $10.00 and Other Good and Valuable Consideration PROPERTY: Tract One: All that certain tract or parcel of land containing 0.196 of an acre of land, more or less, lying and being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, said tract being a portion of the remainder of a called 134.041 acre tract as described in a deed to TLS Properties, Ltd., recorded in Volume 3091, Page 243, Official Public Records of Brazos County, Texas; said 0.196 acre being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all intents and purposes. Page 1 0: Department FilesTublic Works Wolleman st assessmi 'OMeal Estate trans lcapstoneldrafW3 - Public Access and Landscape Easement 12- 31- 2009.docs EXHIBIT A TO RESOLUTION Tract Two: All that certain tract or parcel of land containing 310.5 square feet of land, more or less, lying and being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, said tract being a portion of the remainder of a called 134.041 acre tract as described in a deed to TLS Properties, Ltd., recorded in Volume 3091, Page 243, Official Public Records of Brazos County, Texas; said 310.5 square feet of land being more particularly described by metes and bounds on Exhibit "B" attached hereto and made a part hereof for all intents and purposes. Tract Three: All that certain tract or parcel of land containing 0.126 of an acre of land, more or less, lying and being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, said tract being a portion of the remainder of a called 134.041 acre tract as described in a deed to TLS Properties, Ltd., recorded in Volume 3091, Page 243, Official Public Records of Brazos County, Texas; said 0.126 acre being more particularly described by metes and bounds on Exhibit "C" attached hereto and made a part hereof for all intents and purposes. Tract Four: All that certain tract or parcel of land containing 0.089 of an acre of land, more or less, lying and being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, said tract being a portion of the remainder of a called 134.041 acre tract as described in a deed to TLS Properties, Ltd., recorded in Volume 3091, Page 243, Official Public Records of Brazos County, Texas; said 0.089 acre being more particularly described by metes and bounds on Exhibit "D" attached hereto and made a part hereof for all intents and purposes. For and in consideration of the benefits accruing to the citizens of GRANTEE and to the general public, GRANTOR herein GIVES and DEDICATES to GRANTEE the easement rights herein specified only as to those portions of the above - described property more particularly described on the attached Exhibits "A ", "B ", "C ", and "D ", collectively referred to as the "Easement Areas," to erect, construct and install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, make improvements to, and remove the following: public accessways including but not limited to pedestrian walkways, sidewalks and bicycle paths; Page 2 O: IDeparlmenl FilesTublic WorksWolleman sl assessml '091 M Estate lranslcapsloneWrafts13 -Public Access and Landscape Easement 12- 31- 2009.docx EXHIBIT A TO RESOLUTION 2. any public improvements or structures as are reasonably necessary for the use of the public accessways, including but not limited to irrigation, benches, kiosks, trash receptacles, signage, emergency call boxes, public art, water features and bicycle racks; and 3. landscaping; upon, over, under and across said Easement Areas as described and any ways, streets, roads, or alleys abutting same; and the right to cut, trim, and control the growth of trees and other vegetation within or along the Easement Areas, which might unreasonably interfere with or threaten the operation and maintenance of any equipment, accessories, or operations as determined by GRANTEE and as may be reasonably necessary to prevent possible interference with the operation and maintenance of said equipment, accessories, or operations or to remove possible hazards thereto. This conveyance is in effect forever so long as GRANTEE gives its construction contractor notice to proceed for the construction of the improvements hereinabove referenced within the Easement Areas on or before June 1, 2010. In the event GRANTEE fails to give its construction contractor notice to proceed for the construction of the improvements hereinabove referenced within the Easement Areas on or before June 1, 2010, all title of GRANTEE in and to the Easement Areas shall revert to GRANTOR without any further action by GRANTOR or GRANTEE, and this instrument and the rights, duties and obligations of GRANTOR and GRANTEE hereunder shall cease, terminate and be of no further force or effect. It is expressly understood and agreed that any and all equipment or structures placed upon the Easement Areas by GRANTEE shall remain the property of GRANTEE. Notwithstanding anything contained in this agreement to the contrary, (1) the use of the Easement Area by Grantee shall be for public purposes only, (2) the easement rights granted herein are non - exclusive and Grantor and Grantor's successors, assigns, lessees, tenants, guests and invitees shall all have the right to make use of the Easement Area, including, without limitation, the right to make use of the Easement Area for purposes of vehicular and pedestrian ingress and egress to Grantor's other real property that is located adjacent to the Easement Area and /or to place signage within the Easement Area so long as such uses do not unreasonably interfere with the rights of Grantee hereunder, and (3) Grantee shall repair, maintain and replace (all as applicable and as necessary) any and all improvements constructed or otherwise placed on, over or under the Easement Area by Grantee. GRANTOR hereby expressly acknowledges that it is the underlying fee owner of the Easement Areas. GRANTOR expressly subordinates all rights of surface use, incident to the mineral estate owned by GRANTOR, to the above - described uses of said surface by GRANTEE. Page 3 0:0epariment FilesTublic WorksWolleman st assessmi '091Real Estate translcopstoneWraftsl3 - Public Access and Landscape Easement 12- 31- 1009.docx EXHIBIT A TO RESOLUTION RESERVATIONS AND EXCEPTIONS: 1. Right -of -Way Easement from T. L. Smith, Jr. to Sinclair Refining Company, dated October 7, 1947, recorded in Volume 132, page 127, Deed Records of Brazos County, Texas and assigned to Arco Pipe Line Company by document recorded in Volume 1559, page 175, Official Records of Brazos County, Texas and subject to the terms and conditions of Partial Release and Modification of Easement Rights dated May 19, 2009, from Explorer Pipeline Investment Co. to T. L. Smith, Jr., et al, recorded in Volume 9122, page 179, Official Records of Brazos County, Texas. 2. Easement dated April 17, 1979, from Travis L. Smith, DI, et al to the City of Bryan, and recorded in Volume 430, Page 46, Deed Records of Brazos County, Texas. Easement dated August 23, 1979, from John Douglas Smith, et al to the City of Bryan, and recorded in Volume 434, Page 435, Deed Records of Brazos County, Texas. 4. Easement as Awarded in Judgment dated June 30, 2003, from the City of College Station to TLS Properties, Ltd., et al, and recorded in Volume 5419, Page 110, Deed Records of Brazos County, Texas. 5. Easement dated January 7, 2004, from TLS Properties, Ltd. to the City of Bryan, dba Bryan Texas Utilities, and recorded in Volume 5812, Page 288, Official Records of Brazos County, Texas. 6. Easement dated July 25, 2005, from TLS Properties, Ltd. to the City of Bryan, dba Bryan Texas Utilities, and recorded in Volume 6849, Page 148, Official Records of Brazos County, Texas. Easement dated June 4, 2008, from TLS Properties, Ltd. to the City of Bryan, dba Bryan Texas Utilities, and recorded in Volume 8633, Page 51, Official Records of Brazos County, Texas. 8. Easement dated January 7, 1972, from Sidney N. Smith, et al to Wellborn Water Supply Corporation, and recorded in Volume 303, Page 354, Deed Records of Brazos County, Texas. 9. Easement dated July 24, 1984, from J.D. Smith, et al to the City of Bryan, and recorded in Volume 709, Page 509, Official Records of Brazos County, Texas. 10. Easement dated April 22, 1987, from John Douglas Smith, et al to Wellborn Water Supply Corporation, and recorded in Volume 1114, Page 347, Official Records of Brazos County, Texas. 11. Easement dated July 15, 1997, from John D. Smith, et al to Ferguson - Burleson Gas Gathering System, and recorded in Volume 2788, Page 175, Official Records of Brazos County, Texas. 12. Easement dated August 11, 2004, from TLS Properties, Ltd. to the City of Bryan, dba Bryan Texas Utilities, and recorded in Volume 6248, Page 78, Official Records of Brazos County, Texas. Page 4 O:lDeparlmem FilesTublic WorksWolleman sl assessor( 'OMeal Eslale lranslcapsloneWrafisl3 - Public Access and Landscape Easemem 12- 31- 2009.docz EXHIBIT A TO RESOLUTION 13. Right of Way Easement dated May 30, 1958, from T. L. Smith, Jr. to The City of Bryan, Texas, recorded in Volume 190, page 23, Deed Records of Brazos County, Texas. 14. Royalty Deed dated April 8, 1946, from T.L. Smith, Jr. to William Bukowski, et al, and recorded in Volume 123, Page 583, Deed Records of Brazos County, Texas. 15. Royalty Deed dated March 30, 1984, from Rosa Bukowski to W.N. Adkins, and recorded in Volume 670, Page 171, Official Records of Brazos County, Texas. 16. Royalty Deed dated June 17, 1985, from Annie Bukowski to H.B. Young, and recorded in Volume 805, Page 67, Official Records of Brazos County, Texas. 17. Mineral Reservation as set out in Special Warranty Deed dated December 15, 2008, from TLS Properties, Ltd. to Capstone - CS, LLC, recorded in Volume 8900, page 148, Official Records of Brazos County, Texas. 18. Mineral Reservation as set out in Special Warranty Deed dated May 14, 2008, from Brazos County, Texas to TLS Properties, Ltd., recorded in Volume 8591, page 273, Official Records of Brazos County, Texas. 19. Oil and Gas Lease dated September 24, 1993, from John Douglas Smith, et al, to Apache Corporation, and recorded in Volume 2019, Page 294, Official Records of Brazos County, Texas, and as amended in Amendment to Oil, Gas and Mineral Lease dated March 31, 1994, from John Douglas Smith, et al to Apache Corporation, recorded in Volume 2103, page 189, Official Records of Brazos County, Texas and Oil and Gas Extension Amendment dated July 27, 1995 from John Douglas Smith, et al to Union Pacific Resources Company, recorded in Volume 2419, page 146, Official Records of Brazos County, Texas and Oil and Gas Second Extension Amendment dated August 30, 1996 from John Douglas Smith, et al to Union Pacific Resources Company, recorded in Volume 2691, page 73, Official Records of Brazos County, Texas and subject to Waiver of Surface Use (Mineral) dated September 5, 2008, executed by Ogden Resources, Ltd. to TLS Properties, Ltd., recorded in Volume 8874, page 198, Official Records of Brazos County, Texas. 20. Memorandum of Oil and Gas Lease dated April 7, 1984, from The County of Brazos, Texas, to Threshold Energy, Inc., recorded in Volume 695, Page 152, Official Records of Brazos County, Texas. TO HAVE AND TO HOLD, the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, forever, and GRANTOR does hereby bind itself, its successors and assigns, to warrant and forever defend, all and singular, these rights and interests unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof, by, through, or under GRANTOR, but not otherwise. Page 5 O:IDepariment FileslPublic WorksWolleman st assessmt 'OMeal Estate trans lcapstoneWrajtsl3 - Public Access and Landscape Easement 12- 31- 2009.docx EXHIBIT A TO RESOLUTION CAPSTONE — CS, LLC, an Alabama limited liability company By: CAPSTONE DEVELOPMENT CORP. Its sole member By:_ Name: Title: CONSENT AND SUBORDINATION BY LIENHOLDER Lienholder, as the holder of liens(s) on the fee simple title to the Easement Areas, consents to the above grant of easements, including the terms and conditions of such grant, and Lienholder subordinates its lien(s) to the rights and interests of the easements, such that a foreclosure of the lien(s) will not extinguish the rights and interests of the easements. TLS PROPERTIES, LTD, aTexas Limited Partnership By: TLS OPERATING COMPANY, LLC, a Texas Limited Liability Company Its General Partner APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SUBMISSION FOR APPROVAL. City Attorney Page 6 Bruce A. Smith, President O: (Department FilesTublic Works Wolleman st assessmi '091Real Estate transicapstoneWraftsl3 -Public Access and Landscape Easement 12- 31- 2009.docx EXHIBIT A TO RESOLUTION THE STATE OF ALABAMA COUNTY OF JEFFERSON ACKNOWLEDGMENT This instrument was acknowledged before me on this day of ' 2010, by , of CAPSTONE DEVELOPMENT CORP., Sole Member of CAPSTONE — CS, LLC, an Alabama limited liability company, on behalf of said CAPSTONE — CS, LLC, an Alabama limited liability company. Notary Public in and for State of Alabama THE STATE OF TEXAS COUNTY OF ACKNOWLEDGMENT This instrument was acknowledged before me on this day of , 2010, by BRUCE A. SMITH, President of TLS OPERATING COMPANY, LLC, a Texas Limited Liability Company, General Partner of TLS PROPERTIES, LTD, a Texas Limited Partnership, on behalf of said TLS PROPERTIES, LTD., a Texas Limited Partnership. Notary Public in and for the State of Texas PREPARED IN THE OFFICE OF: AFTER RECORDING, RETURN TO: City of College Station City of College Station Legal Department Legal Department P.O. Box 9960 P.O. Box 9960 College Station, TX 77842 -9960 College Station, TX 77842 -9960 Page 7 0:0epartment FilesTublic WorksWolleman st assessmi '091Real Estate translcapstoneWrafW3 -Public Access and Landscape Easement 12- 31- 2009.docx EXHIBIT A TO RESOLUTION PUBLIC ACCESS EASEMENT NO. 1 METES AND BOUNDS DESCRIPTION OF A 0.196 ACRE TRACT CRAWFORD BURNETT LEAGUE, A -7 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 134.041 ACRE TRACT AS DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME 3091, PAGE 243 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE SOUTHERLY LINE OF FM 2818 (HARVEY MITCHELL PARKWAY - VARIABLE WIDTH R.O.W.) MARKING THE NORTHWEST CORNER OF SAID REMAINDER OF 134.041 ACRE TRACT AND THE NORTHEAST CORNER OF 2818 PLACE, ACCORDING TO THE PLAT RECORDED IN VOLUME 8721, PAGE 259 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 83'49'00" E ALONG THE SOUTHERLY LINE OF FM 2818 FOR A DISTANCE OF 302.72 FEET TO A CONCRETE RIGHT -OF -WAY MARKER FOUND MARKING AN ANGLE POINT IN SAID LINE; THENCE: N 84'44'20" E CONTINUING ALONG THE SOUTHERLY LINE OF FM 2818 FORA DISTANCE OF 14.02 FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: N 84'44'20" E CONTINUING ALONG THE SOUTHERLY LINE OF FM 2818 FOR A DISTANCE OF 17.00 FEET TO A POINT MARKING THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 738.00 FEET, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE SOUTHERLY LINE OF FM 2818 BEARS: N 84 44'20" E FOR A DISTANCE OF 1105.70 FEET; THENCE: THROUGH SAID REMAINDER OF 134.041 ACRE TRACT FOR THE FOLLOWING CALLS: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04 10'53 " FOR AN ARC DISTANCE OF 53.86 FEET (CHORD BEARS: S 08 E - 53.85 FEET) TO THE END OF SAID CURVE; S 01 25' 11" W FOR A DISTANCE OF 50.53 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 750.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52 50'25" FORAN ARC DISTANCE OF 691.68 FEET (CHORD BEARS: S 40'36'17" E -667.43 FEET) TO THE END OF SAID CURVE; S 67 11'54" W FOR A DISTANCE OF 13.87 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 760.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53 FOR AN ARC DISTANCE OF 712.23 FEET (CHORD BEARS: N 39'26'54" W - 686.45 FEET) TO THE END OF SAID CURVE; N 01 25'1 V E FORA DISTANCE OF 21.80 FEET TO THE BEGINNING OF A CLOCKWISE CURVE EXHIBIT A TO RESOLUTION PUBLIC ACCESS EASEMENT NO. 1 HAVING A RADIUS OF 755.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04 47'44" FOR AN ARC DISTANCE OF 63.19 FEET (CHORD BEARS: N 08 35' 54" W — 63.17 FEET) TO THE POINT OF BEGINNING CONTAINING 0.196 OF AN ACRE (8558 SQUARE FEET) OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. SEE PLAT PREPARED AUGUST, 2009, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORK/MAB /09- 472B.MAB abvcao.c 0 006bb BRAD KERR acacoa nass0000000ea ?: o_ 4502 4 EXHIBIT A TO RESOLUTION "HARVEY MITCHELL PARKWAY" FM 2818 - VARIABLE WIDTH R• SCALE: 1 " = 100' CONCRETE RIGHT -OF -WAY MARKER FOUND 5/8 INCH IRON ROD L1 L2 FOUND BEAKS' 302 72' 5/8 INCH IRON ROD N 83'49' E 70.97' ' FOUND BS'1105.70' I ' t4 84'44 20 E C7 ' 1 R= 840.00' D= 32'35'00" L= 477.70' T= 245.50' \ 1 LC= 471.28' CB =S 22'28'30" E 1 N/F \ CURVE RADIUS DELTA ARC TANGENT BEARING CHORD Cl 738.00 04'10'53" 53.86 26.94 S 08'18'46" E 53.85 C2 750.00 52'50'25" 591.68 372.63 S 40'36'17" E 667.43 C3 760,00 53'41'40" 712.23 384.69 N 39'26'54" W 686.45 C4 755.00 04'47'44" 53.19 31.61 N 08'35'54" W 63.17 C5 840.00 04'02'03" 59.15 29.58 S 40'47'02" E 59.13 C6 845.00 04'24'36" 65,04 32.54 N 40'58'18" W 65.02 TLS PROPERTIES, LTD. REM. 134.041 ACRE TRACT 3091/243 \ LINE DISTANCE L1 14.02' �744'1 L2 17.00' N 84'44'20" E L3 50.53' S 01'25' 11 " W L4 13.87' S 67'11'54" W L5 21.80' N 01'25'11" E L6 7.45' S 00'51'06" E L7 5.00' N 51'14'00' E ti PUBLIC ACCESS EASEMENT N0. 1 0.196 ACRE TRACT (8558 SQ. FT) `r OY°aa000pp00JOm OOSOO��itl BRAD KEFR . 00 °OO41 � m COROOLOCY00i01B , 4502 M" �� rn `�� y /liOa FS5��mCy ° em amee PUBLIC ACCESS �� SURF EASEMENT NO. 2 310.5 SQ. FT. SURVEY PLAT OF 2 PUBLIC ACCESS EASEMENTS CRAWFORD BURNETT LEAGUE, A -7 COLLEGE STATION, BRAZOS COUNTY, TEXAS SCALE: 1 INCH = 100 FEET } SURVEY DATE: AUG. 2008 ) Ih G` PLAT DATE: 08 -04 -09 JOB NUMBER: 09 -472 BEARING SYSTEM SHOWN HEREON IS BASED \� CAD NAME: 09 -472B CR5 FILE: TLS (cont); 08 -593 (job) PREPARED BY: KERR SURVEYING, LLC 505 CHURCH AVENUE, P.O. BOX 269 COLLEGE STATION, TEXAS 77841 PHONE (979) 268 -3195 ON GRID NORTH AS ESTABLISHEO FROM GPS OBSERVATION. SEE METES AND BOUNDS PREPARED AUGUST 2009 FOR MORE DESCRIPTIVE INFORMATION. EXHIBIT A TO RESOLUTION PUBLIC ACCESS EASEMENT NO.2 METES AND BOUNDS DESCRIPTION OF A 310.5 SQUARE FOOT TRACT CRAWFORD BURNETT LEAGUE, A -7 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CRAWFORD BURNETTLEAGUE, ABSTRACTNO.7, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 134.041 ACRE TRACT AS DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME 3091, PAGE 243 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 518 INCH.IRON ROD FOUND ON THE SOUTHERLY LINE OF FM 2818 (HARVEY MITCHELL PARKWAY — VARIABLE WIDTH R.O.W.) MARKING THE NORTHWEST CORNER OF SAID REMAINDER OF 134.041 ACRE TRACT AND THE NORTHEAST CORNER OF 2818 PLACE, ACCORDING TO THE PLAT RECORDED IN VOLUME 8721, PAGE 259 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 83'49'00" E ALONG THE SOUTHERLY LINE OF FM 2818 FOR A DISTANCE OF 231.75 FEET TO A POINT MARKING THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 840.00 FEET, FOR REFERENCE A CONCRETE RIGHT -OF -WAY MARKER FOUND ON THE SOUTHERLY LINE OF FM 2818 MARKING AN ANGLE POINT IN SAID LINE BEARS: N 83° 49'00" EFOR A DISTANCE OF 70.97 FEET; THENCE: THROUGH SAID REMAINDER OF 134.041 ACRE TRACT AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32 35' 00" FOR AN ARC DISTANCE OF 477.70 FEET (CHORD BEARS: S 22'28'3 0" E- 471.28 FEET) TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT, THENCE: CONTINUING THROUGH SAID REMAINDER OF 134.041 ACRE TRACT FOR THE FOLLOWING CALLS: CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04 02'03 " FOR AN ARC DISTANCE OF 59.15 FEET (CHORD BEARS: S 40° 47 1 02 11 E — 59.13 FEET) TO THE END OF SAID CURVE; S 00 51'06" E FOR A DISTANCE OF 7.45 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 845.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04° 24'36" FOR AN ARC DISTANCE OF 65.04 FEET (CHORD BEARS: N 40° 58'18" W— 65.02 FEET) TO THE END OF SAID CURVE; N 51 14'00" W FOR A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING CONTAINING 310.5 SQUARE FEET OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. SEE PLAT PREPARED AUGUST, 2009, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. REGISTERED PROFESSIONAL�� '� C A F � LAND SURVEYOR No. 4502 °aF�• '° w D:1W ORK/MAB /09- 472C.MAB ooino ,eoo°eaooen¢vn GRAD l;ERR .aucsa °o °�au°oc•aao- 4502 1 �I�R ° oao noe °�! EXHIBIT A TO RESOLUTION CONCRETE RIGHT -OF -WAY MARKER FOUND "HARVEY MITCHELL PARKWAY" FM 2818 - VARIABLE WIDTH R• SCALE: 1 " = 100' 5/8 INCH IRON ROD L1 L2 FOUND BEARS' 302.72' 5/8 INCH IRON ROD -�� E 70.97' ' FOUND B E E�S' N 8 1105.70' to I 444'20 C7' .p I _ ` 1 R= 640.00' D= 32'35'00" L= 477.70' T= 245.50' 1 LC= 471.28' CB =S 22'28'30" E N/F CURVE RADIUS DELTA ARC TANGENT BEARING CHORD Cl 738.00 04'10'53" 53.86 26.94 S 08'18'46" E 53.85 C2 750.00 52'50'25" 691.68 372.63 S 40'36'17" E 667.43 C3 760.00 53'41'40" 712.23 384.69 N 39'26'54" W 686.45 C4 1 755.00 04'47'44" 63.19 31.61 N OB'35'54" W 63.17 C5 840.00 04'02'03" 59.15 29.58 40'47'02" E 59.13 C6 845.00 04'24'36" 65.04 32.54 E[ N�40 - 58 - 18 - W 65.02 TLS PROPERTIES, LTD. REM. 134.041 ACRE TRACT 3091/243 \ `� LINE DISTANCE BEARING L1 14.02' --- N -- ;44-4'20" E L2 17.00' N 84'44'20" E L3 50.53' S 01'25'11" W L4 13.87' S 6711'54" W L5 21.80 N 01'25'11" E L6 7.45' S 00'51'06" E L7 5.00' N 51'14'00' E y PUBLIC ACCESS EASEMENT N0. 1 0.196 ACRE TRACT (8558 SQ. FT.) \\ � \ P�ppFp T� G o pZ;l STS �1� ` eY00�ORpp0f OJ0�0Rp2R9�ay p `` r BRAfJ l:FRR C ORp 04 0..OpFN]B :'a 4502 v" • C' � � \ t' or'9 � e�'Cr y O � PUBLIC ACCESS R EASEMENT NO. 2 310.5 SQ. FT. SURVEY PLAT OF 2 PUBLIC ACCESS EASEMENTS CRAWFORD BURNETT LEAGUE, A -7 COLLEGE STATION, BRAZOS COUNTY, TEXAS SCALE: 1 INCH = 100 FEET �g SURVEY DATE: AUG. 2008 flpl C PLAT DATE: 08 -04 -09 JOB NUMBER: 09 -472 BEARING SYSTEM SHOWN HEREON IS BASED f CAD NAME: 09 -4728 ON GRID NORTH AS ESTABLISHED FROM CR5 FILE: TLS (cont); 08 -593 (job) GPS OBSERVATION. PREPARED BY: KERR SURVEYING, LLC 505 CHURCH AVENUE, P.O. BOX 269 SEE METES AND BOUNDS PREPARED AUGUST COLLEGE STATION, TEXAS 77641 2009 FOR MORE DESCRIPTIVE INFORMATION. PHONE (979) 268 -3195 1 EXHIBIT A TO RESOLUTION PUBLIC ACCESS EASEMENT NO.3 METES AND BOUNDS DESCRIPTION OF A 0.126 ACRE TRACT CRAWFORD BURNETT LEAGUE, A -7 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CRAWFORD BURNETTLEAGUE, ABSTRACTNO.7, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 134.041 ACRE TRACT AS DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME 3091, PAGE 243 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5 /81NCH IRON ROD FOUND ON THE EASTERLY LINE OF SAID REMAINDER OF 134.041 ACRE TRACT MARKING THE NORTH CORNER OF A CALLED 4.99 ACRE TRACT AS DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME 8735, PAGE 224 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND THE NORTHWEST CORNER OF THE REMAINDER OF A CALLED 10.7466 ACRE TRACT AS DESCRIBED BY A DEED TO THE CITY OF COLLEGE STATION RECORDED IN VOLUME 6950, PAGE 42 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE EAST LINE OF SAID 4.99 ACRE TRACT BEARS: S 10 56' 18" E FOR A DISTANCE OF 439.12 FEET; THENCE: N 10 56'18" W THROUGH SAID REMAINDER OF 134.041 ACRE TRACT FOR A DISTANCE OF 63.80 FEETTO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: CONTINUING THROUGH SAID REMAINDER OF 134.041 ACRE TRACT FOR THE FOLLOWING CALLS: S 79 03'42" W FOR A DISTANCE OF 199.53 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 760.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26 FOR AN ARC DISTANCE OF 349.87 FEET (CHORD BEARS: N 87 45'01" W — 346.79 FEET) TO THE END OF SAID CURVE; N 15 26'16" E FORA DISTANCE OF 10.00 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE, HAVING A RADIUS OF 750.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26 22'34" FOR AN ARC DISTANCE OF 345.26 FEET (CHORD BEARS: S 87° 45'01" E = 342.22 FEET) TO THE END OF SAID CURVE; N 79 03'42" E FOR A DISTANCE OF 199.53 FEET; S 10 5618" E FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.126 OF AN ACRE (5471 SQUARE FEET) OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. SEE PLAT PREPARED AUGUST, 2009, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:1WORK/MAB /09- 472D.MAB c+t"Jp p! ©SAD KERR c:.csp, euc pnoaepeccec::e ( {c " 4502 t � p Y S n YO +C� 11 11 VTOgE GE SYAYION I C1N OF a ACRE TRACE 1 1 1 O w J Q U SIT A TCJ RESOLUTIC Of 5,,104 3 SZ CODE -466 p,C. m Z4 REM � \ m 00 6g50�42 o m 0 K p0 FOUNO BSS. 3 'a `, r ` r Z {� C; 0 l 1 II I I _II Cj �IIC-) roU II Q (n II c Zwtz w w .3 w w w Z io tD i0 'y ao � o �m I` Illllll O � N III = U a M M a M m t2 O II 11 z ( z z rn w C) L rn 7 / M V ) C o d W O M z o � n ootooq 0 o N o m rn li 0 w Z NN in z z to l 1 II I I _II Cj �IIC-) roU II Q (n II c Zwtz 5/6 W"' 43 8r E S IU56 \' 1 1 �a4 m ew S� U II UW¢U r L CO \ v 'y � o �m I` Illllll O � N III = U a M M a M a M f 111 6- Lo II j UIIU II 11 11 U W p 1-- tz Z �r C) V) C) L rn 7 / M V ) C o d W O M z o 0 0 0 in z z to n o n 6 o ad ad ao 0 Z n n rn rn / U M m N to n a0 m M rn A Q M M to M ao M / V) W N N N N W N N N N ¢z v1 O 0 0 0 vw n n m m Ld 5/6 W"' 43 8r E S IU56 \' 1 1 �a4 m ew S� L CO \ v 'y � o �m I` Illllll O � I � I II I _; II j UIIU II 11 11 U W p 1-- tz Z �r C) V) C) L rn 7 / M V ) C o d W O M �IJrj�li � �a4 m ew u � ^� 0 J U w < w wt d af N o U N a � rn CY) to a"o \ \ \ U J W w w C) M N \J w0 Z �- W V) °w\ o m Qa o s (n w �o z w Wz z N o� zm _ ow y Q . mo w w �¢ ¢o �. 0 09- �L R oo > �WZm woo o]oo (n N V) X � w Q U w w Z o �Nd � L-) � :7 Zxm w Q om' O -0,0 rn �m�O Q �I U ,0 r- n >. n W J N I {— 0 o O °cdom I o v m O w z � = ow w o Y w o1 ' m ZQH� Zvi Qz z — _ }=�'w J F- a�a�o� w() m O Q mN w aoo Lr) N Q w U n Ckf W U J U EXHIBIT A TO RESOLUTION PUBLIC ACCESS EASEMENT NO.4 METES AND BOUNDS DESCRIPTION OF A 0.089 ACRE TRACT CRAWFORD BURNETT LEAGUE, A -7 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO.7, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 134.041 ACRE TRACT AS DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME 3091, PAGE 243 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE.EASTERLY LINE OF SAID REMAINDER OF 134.041 ACRE TRACT MARKING THE NORTH CORNER OF A CALLED 4.99 ACRE TRACT AS DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME 8735, PAGE 224 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND THE NORTHWEST CORNER OF THE REMAINDER OF A CALLED 10.7466 ACRE TRACT AS DESCRIBED BY A DEED TO THE CITY OF COLLEGE STATION RECORDED IN VOLUME 6950, PAGE 42 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE EAST LINE OF SAID 4.99 ACRE TRACT BEARS: S 10° 56' 18" E FOR A DISTANCE OF 439.12 FEET; THENCE: S 65'02'11 " W THROUGH SAID REMAINDER OF 134.041 ACRE TRACT FOR A DISTANCE OF 99.98 FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: CONTINUING THROUGH SAID REMAINDER OF 134.041 ACRE TRACT FORTHE FOLLOWING CALLS: S 79 03'42" W FORA DISTANCE OF 102.53 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 848.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26 22'34" FOR AN ARC DISTANCE OF 390.38 FEET (CHORD BEARS: N 87'45'01 " W — 386.94 FEET) TO THE END OF SAID CURVE; N 15 26' 16" E FOR A DISTANCE OF 8.00 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 840.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26 22'34" FOR AN ARC DISTANCE OF 386.69 FEET (CHORD BEARS: S 87 45' 01" E —383.29 FEET) TO THE END OF SAID CURVE; N 79 03'42" E FOR A DISTANCE OF 94.53 FEET, S 55 56'18" E FOR A DISTANCE OF 11.31 FEET TO THE POINT OF BEGINNING CONTAINING 0.089 OF AN ACRE (3896.5 SQUARE FEET) OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. SEE PLAT PREPARED AUGUST, 2009, FORMORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/ W ORK/MAB /09- 472E.MAB 1 1 1 c�N 1 1 1� FTURE GE STPnO 00 1g ACRE TRACT I • Lil J a U TA m 0 10 �n o� Z\ TCJ RESOLUTICWc OF STATION 2 Z COLLE j 46 6 AC. ? 12 695O/ 42 oo in 190N 90') FOUND BFI 5/a S ;056'18" E 439.12 a/ In X11 Ott 11 X11 N -A of l o r Z11 N 11 0 11 C; l ' II I I _II III to II U) r r ( w w .3 w w w U tD tp N N N a2 Z Z n d n C.9Om Le w 3 3 w ° O o II N t p N 0 p / 1n W,o� 01 1(1 01 In m / , U �` �w n m n In m Z N to z Z to w O Q p C, a, ~ o�"x 'I ao �c m LLj n o Li Q W m N N tb tp tw F o o to o to M U N ro n m to 0�1 .- 0 M M M w Q M n M n z J N J M J J J J N N N N N l ' II I I _II III to II U) r r ( U of C) (:Y U La Q U II rn J (O N_ NE w0 N n CO v 1 N U v N w w M n Z n n n C.9Om Le w 3 3 w ° o o II z II 11 0 0 / -t W,o� UZ ( O L5 Li] U W Ire =WM(6 / , U �` �w m m ro ro m w z z w zz, m°z V) U J O Q p C, a, ~ o�"x 'I ao �c m LLj n o Li Q W m N N tb tp tw F n r n to to U U N ro n m M M M M Q M n M n 0 N N N N N N N N ° 0 0 2 o 0 Q N t co ` c0 00 o w w :3 U U U U U l ' II I I _II III to II U) r r ( J U W < W LLJ 0_ N O U N �Q� a LO rn� Z((�n Fd CO r F-- U of C) (:Y U La Q U II W �O m O ¢� J (O N_ NE w0 tP IL 0 L0 CO v 1 �— 1 \ J11 1 ° v 0 N 3: m� I I Z �y O 11 C.9Om Le � CD W Z d w o II Q' moo woo Q II x r W ~ II 11 I Q 11 / W p tz W,o� UZ ( O Q2Qu) Li] U W Ire =WM(6 / , U �` �w O y O .0 YQQ� m ZQwm C0 Z zz, m°z V) U J O Q p C, a, ~ o�"x 'I ao �c m O Cif F V) J U W < W LLJ 0_ N O U N �Q� a LO rn� Z((�n Fd CO r F-- Z W �O m O ¢� O a' NE w0 tP L T zo Z W = — w to K CO v 1 �— 1 \ J11 1 ° v 0 N 3: m� 11 11 1 1 Z m O 11 C.9Om Le � CD W Z d w o II Q' moo woo Q II x r W ~ II 11 I Q 11 / W p tz W,o� W ( O Q2Qu) Li] U W Ire =WM(6 / , mE 0 O I o v1 po O .0 YQQ� J U W < W LLJ 0_ N O U N �Q� a LO rn� Z((�n Fd CO r F-- Z W �O m O ¢� p J W NE w0 U) < W L T zo Z W = — w to K �— LL) o z� O ° v 0 N 3: m� LL. U) :2a1 Z C.9Om Le � W Z d w o moo woo Q x r W ~ I Q U L Z W,o� W ( O M E-O�w o 1l Li] J co M .1 a 1 °corn O I o v1 po O .0 YQQ� m ZQwm C0 Z zz, m°z V) U J O Q p C, a, ~ o�"x 'I ao �c m O Cif F V) N I ` do u1 0_ Li Q W tc) U U a- N Of W U J O U EXHIBIT A TO RESOLUTION NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. PUBLIC DRAINAGE EASEMENT DATE: 5 2010 GRANTOR: CAPSTONE — CS, LLC, an Alabama limited liability company GRANTOR'S MAILING ADDRESS: (including County) 431 Office Park Drive Jefferson County Birmingham, Alabama 35223 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue Brazos County College Station, Texas 77842 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration. PROPERTY: Tract One: All that certain tract or parcel of land containing 0.109 of an acre of land, more or less, lying and being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, said tract being a portion of the remainder of a called 134.041 acre tract as described in a deed to TLS Properties, Ltd., recorded in Volume 3091, Page 243, of the Official Public Records of Brazos County, Texas; said 0.109 acre being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all intents and purposes. Page 1 O: Department FileslPublic WorksWolleman st assessmt 'Wreal estate translcapstoneWrafts14 - Public Drainage Easement 12- 31- 2009.docx EXHIBIT A TO RESOLUTION Tract Two: All that certain tract or parcel of land containing 0.121 of an acre of land, more or less, lying and being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, said tract being a portion of the remainder of a called 134.041 acre tract as described in a deed to TLS Properties, Ltd., recorded in Volume 3091, Page 243, Official Public Records of Brazos County, Texas; said 0.121 acre being more particularly described by metes and bounds on Exhibit "B" attached hereto and made a part hereof for all intents and purposes. Tract Three: All that certain tract or parcel of land containing 0.098 of an acre of land, more or less, lying and being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, said tract being a portion of the remainder of a called 134.041 acre tract as described in a deed to TLS Properties, Ltd., recorded in Volume 3091, Page 243, Official Public Records of Brazos County, Texas; said 0.098 acre being more particularly described by metes and bounds on Exhibit "C" attached hereto and made a part hereof for all intents and purposes. Tract Four: All that certain tract or parcel of land containing 0.062 of an acre of land, more or less, lying and being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, said tract being a portion of the remainder of a called 134.041 acre tract as described in a deed to TLS Properties, Ltd., recorded in Volume 3091, Page 243, Official Public Records of Brazos County, Texas; said 0.062 acre being more particularly described by metes and bounds on Exhibit "D" attached hereto and made a part hereof for all intents and purposes. For and in consideration of the benefits accruing to the citizens of GRANTEE and to the general public, GRANTOR herein GIVES and DEDICATES to GRANTEE the easement rights herein specified only as to those portions of the above - described PROPERTY more particularly described on the attached Exhibits "A ", 'B ", "C ", and "D" collectively referred to as the "Basement Areas ", to erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify and remove the following: Drainage ditches, drainage pipes and all other drainage structures, including but not limited to surface and subsurface structures such as culverts, inlets, junction boxes, and manholes Page 2 O. (Department FileslPublic WorksWolleman st assessmt 'Wreal estate translcapsioneldraftsl4 - Public Drainage Easement 12- 31- 2009.docx EXHIBIT A TO RESOLUTION upon, over, and across the said Easement Areas as described and any ways, streets, roads, or alleys abutting same; and to cut, trim, and control the growth of trees and other vegetation on and in the Easement Areas, which might unreasonably interfere with or threaten the operation and maintenance of any public utility equipment, accessories, or operations as determined by GRANTEE. It being understood and agreed that any and all equipment and facilities placed upon said Easement Areas shall remain the property of GRANTEE. This conveyance is in effect forever so long as GRANTEE gives its construction contractor notice to proceed for the construction of the improvements hereinabove referenced within the Easement Areas on or before June 1, 2010. In the event GRANTEE fails to give its construction contractor notice to proceed for the construction of the improvements hereinabove referenced within the Easement Areas on or before June 1, 2010, all title of GRANTEE in and to the Easement Areas shall revert to GRANTOR without any further action by GRANTOR or GRANTEE, and this instrument and the rights, duties and obligations of GRANTOR and GRANTEE hereunder shall cease, terminate and be of no further force or effect. GRANTOR hereby expressly acknowledges that it is the underlying fee owner of the Easement Areas. Notwithstanding anything contained in this agreement to the contrary, (1) the use of the Easement Area by Grantee shall be for public purposes only, (2) the easement rights granted herein are non - exclusive and Grantor and Grantor's successors and assigns shall all have the right to make use of the Easement Area for any purposes, including, without limitation, the right to construct, use and maintain roads and driveways over and across the Easement Area and /or to place signage within the Easement Area, so long as such use does not unreasonably interfere with the rights of Grantee hereunder, and (3) Grantee shall repair, maintain and replace (all as applicable and as necessary) any and all improvements constructed or otherwise placed on, over or under the Easement Area by Grantee. GRANTOR expressly subordinates all rights of surface use, incident to the mineral estate owned by GRANTOR, to the above - described uses of said surface by GRANTEE. RESERVATIONS AND RESTRICTIONS: Right -of -Way Easement from T. L. Smith, Jr. to Sinclair Refining Company, dated October 7, 1947, recorded in Volume 132, page 127, Deed Records of Brazos County, Texas and assigned to Arco Pipe Line Company by document recorded in Volume 1559, page 175, Official Records of Brazos County, Texas and subject to the terms and conditions of Partial Release and Modification of Easement Rights dated May 19, 2009, from Explorer Pipeline Investment Co. to T. L. Smith, Jr., et al, recorded in Volume 9122, page 179, Official Records of Brazos County, Texas. 2. Easement dated April 17, 1979, from Travis L. Smith, DI, et al to the City of Bryan, and recorded in Volume 430, Page 46, Deed Records of Brazos County, Texas. Page 3 O: (Department FileslPublic WorksWolleman st assessmt `091real estate translcapstoneldraftsl9 - Public Drainage Easement 11- 31- 1009.docx EXHIBIT A TO RESOLUTION Easement dated August 23, 1979, from John Douglas Smith, et al to the City of Bryan, and recorded in Volume 434, Page 435, Deed Records of Brazos County, Texas. 4. Easement as Awarded in Judgment dated June 30, 2003, from the City of College Station to TLS Properties, Ltd., et al, and recorded in Volume 5419, Page 110, Deed Records of Brazos County, Texas. 5. Easement dated January 7, 2004, from TLS Properties, Ltd. to the City of Bryan, dba Bryan Texas Utilities, and recorded in Volume 5812, Page 288, Official Records of Brazos County, Texas. Easement dated July 25, 2005, from TLS Properties, Ltd. to the City of Bryan, dba Bryan Texas Utilities, and recorded in Volume 6849, Page 148, Official Records of Brazos County, Texas. 7. Easement dated June 4, 2008, from TLS Properties, Ltd. to the City of Bryan, dba Bryan Texas Utilities, and recorded in Volume 8633, Page 51, Official Records of Brazos County, Texas. 8. Easement dated January 7, 1972, from Sidney N. Smith, et al to Wellborn Water Supply Corporation, and recorded in Volume 303, Page 354, Deed Records of Brazos County, Texas. 9. Easement dated July 24, 1984, from J.D. Smith, et al to the City of Bryan, and recorded in Volume 709, Page 509, Official Records of Brazos County, Texas. 10. Easement dated April 22, 1987, from John Douglas Smith, et al to Wellborn Water Supply Corporation, and recorded in Volume 1114, Page 347, Official Records of Brazos County, Texas. 11. Easement dated July 15, 1997, from John D. Smith, et al to Ferguson - Burleson Gas Gathering System, and recorded in Volume 2788, Page 175, Official Records of Brazos County, Texas. 12. Easement dated August 11, 2004, from TLS Properties, Ltd. to the City of Bryan, dba Bryan Texas Utilities, and recorded in Volume 6248, Page 78, Official Records of Brazos County, Texas. 13. Right of Way Easement dated May 30, 1958, from T. L. Smith, Jr. to The City of Bryan, Texas, recorded in Volume 190, page 23, Deed Records of Brazos County, Texas. 14. Royalty Deed dated April 8, 1946, from T.L. Smith, Jr. to William Bukowski, et al, and recorded in Volume 123, Page 583, Deed Records of Brazos County, Texas. 15. Royalty Deed dated March 30, 1984, from Rosa Bukowski to W.N. Adkins, and recorded in Volume 670, Page 171, Official Records of Brazos County, Texas. 16. Royalty Deed dated June 17, 1985, from Annie Bukowski to H.B. Young, and recorded in Volume 805 Page 67, Official Records of Brazos County, Texas. Page 4 O: (Department FilesWublic WorksWolleman st assessmt 'Wrea1 estate translcapstoneWrafts14 -Public Drainage Easement 12- 31- 2009.docx EXHIBIT A TO RESOLUTION 17. Mineral Reservation as set out in Special Warranty Deed dated December 15, 2008, from TLS Properties, Ltd. to Capstone — CS, LLC, recorded in Volume 8900, page 148, Official Records of Brazos County, Texas. 18. Mineral Reservation as set out in Special Warranty Deed dated May 14, 2008, from Brazos County, Texas to TLS Properties, Ltd., recorded in Volume 8591, page 273, Official Records of Brazos County, Texas. 19. Oil and Gas Lease dated September 24, 1993, from John Douglas Smith, et al, to Apache Corporation, and recorded in Volume 2019, Page 294, Official Records of Brazos County, Texas, and as amended in Amendment to Oil, Gas and Mineral Lease dated March 31, 1994, from John Douglas Smith, et al to Apache Corporation, recorded in Volume 2103, page 189, Official Records of Brazos County, Texas and Oil and Gas Extension Amendment dated July 27, 1995 from John Douglas Smith, et al to Union Pacific Resources Company, recorded in Volume 2419, page 146, Official Records of Brazos County, Texas and Oil and Gas Second Extension Amendment dated August 30, 1996 from John Douglas Smith, et al to Union Pacific Resources Company, recorded in Volume 2691, page 73, Official Records of Brazos County, Texas and subject to Waiver of Surface Use (Mineral) dated September 5, 2008, executed by Ogden Resources, Ltd. to TLS Properties, Ltd., recorded in Volume 8874, page 198, Official Records of Brazos County, Texas. 20. Memorandum of Oil and Gas Lease dated April 7, 1984, from The County of Brazos, Texas, to Threshold Energy, Inc., recorded in Volume 695, Page 152, Official Records of Brazos County, Texas. TO HAVE AND TO HOLD, the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, forever, and Grantor does hereby bind itself, its successors and assigns to warrant and forever defend, all and singular, these rights and interests unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof, by, through, or under GRANTOR, but not otherwise. CAPSTONE — CS, LLC, an Alabama limited liability company By: CAPSTONE DEVELOPMENT CORP. Its sole member By: Name: Page 5 Title: O:Oepartment FileslPublic WorksWolleman st assessmt '091real estate translcapstoneldraftsl9 - Public Drainage Easement 12- 31- 2009.doex EXHIBIT A TO RESOLUTION CONSENT AND SUBORDINATION BY LIENHOLDER Lienholder, as the holder of liens(s) on the fee simple title to the Easement Areas, consents to the above grant of easements, including the terms and conditions of such grant, and Lienholder subordinates its lien(s) to the rights and interests of the easements, such that a foreclosure of the lien(s) will not extinguish the rights and interests of the easements. TLS PROPERTIES, LTD, aTexas Limited Partnership By: TLS OPERATING COMPANY, LLC, a Texas Limited Liability Company Its General Partner APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SUBMISSION FOR APPROVAL. City Attorney THE STATE OF ALABAMA COUNTY OF JEFFERSON Bruce A. Smith, President ACKNOWLEDGMENT This instrument was acknowledged before me on this day of , 2010, by of CAPSTONE DEVELOPMENT CORP., Sole Member of CAPSTONE — CS, LLC, an Alabama limited liability company, on behalf of said CAPSTONE — CS, LLC, an Alabama limited liability company. Notary Public in and for the State of Alabama Page 6 D: (Department FilesTublic WorksWolleman st assessmt `091real estate translcapstoneWraftsl4 - Public Drainage Easement 12- 31- 2009.docx EXHIBIT A TO RESOLUTION THE STATE OF TEXAS COUNTY OF ACKNOWLEDGMENT This instrument was acknowledged before me on this day of , 2010, by BRUCE A. SMITH, President of TLS OPERATING COMPANY, LLC, a Texas Limited Liability Company, General Partner of TLS PROPERTIES, LTD, a Texas Limited Partnership, on behalf of said TLS PROPERTIES, LTD., a Texas Limited Partnership. Notary Public in and for the State of Texas PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842 -9960 AFTER RECORDING, RETURN TO: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842 -9960 Page 7 O: (Department FilesIPublic WorkslHolleman st assessmt `091rea1 estate translcapstoneWraftsl4 - Public Drainage Easement 12- 31- 2009.docx EXHIBIT A TO RESOLUTION PUBLIC DRAINAGE EASEMENT NO. I METES AND BOUNDS DESCRIPTION OF A 0.109 ACRE TRACT CRAWFORD BURNETT LEAGUE, A -7 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO.7, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 134.041 ACRE TRACT AS DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME 3091, PAGE 243 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 518 INCH IRON ROD FOUND ON THE SOUTHERLY LINE OF FM 2818 (HARVEY MITCHELL PARKWAY — VARIABLE WIDTH R.O.W.) MARKING THE NORTHWEST CORNER OF SAID REMAINDER OF 134.041 ACRE TRACT AND THE NORTHEAST CORNER OF 2818 PLACE, ACCORDING TO THE PLAT RECORDED IN VOLUME 8721, PAGE 259 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A CONCRETE RIGHT -OF -WAY MARKER FOUND ON THE SOUTHERLY LINE OF FM 2818 BEARS: N 83'49'00" E FORA DISTANCE OF 302.72 FEET; THENCE: S 51'01'59" E THROUGH SAID REMAINDER OF 134.041 ACRE TRACT FOR A DISTANCE OF 397.71 FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT, SAID POINT BEING IN A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 840.00 FEET; THENCE: CONTINUING THROUGH SAID REMAINDER OF 134.041 ACRE TRACT FOR THE FOLLOWING CALLS: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02 52'36" FORAN ARC DISTANCE OF 42.18 FEET (CHORD BEARS: S 27° 14'05" E — 42.17 FEET) TO THE END OF SAID CURVE; S 60° 07'01 " W FOR A DISTANCE OF 48.19 FEET; S 89 16' 31" W FOR A DISTANCE OF 41.19 FEET; N 00 22'41 " E FOR A DISTANCE OF 79.01 FEET; S 74 57'07" E FOR A DISTANCE OF 65.39 FEET TO THE POINT OF BEGINNING CONTAINING 0.109 OF AN ACRE (4767 SQUARE FEET) OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. SEE PLAT PREPARED AUGUST, 2009, FORMORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORK/MAB /09- 472I.MAB •.J 9 GOam Oear,coPJma4f.am�GOC4 BRAD KERR Of ° 4502 0 Lo W J Q U U) EXHIBIT A TO RESOLUTION N / U / / / U / / 3 000inioNM pdtN(0r (DNr�0pnZ II tl II II U m Q �JF- JU Ld m 0 C i O4 00 N o - � N q ,,) co o 't N II II II II II II U m Wn -iJ -JU ( .- N 1r . a n- s Bbd;° 0 z -1 w r. oaQ,. g t' y O 1 m V) 5 0 N 2 l)o Uo k m a) / A �• Z // N ro w O o O N E W O Q Z W Ld N za za— H z c�i O a z W �o r dp coom(i'�o Lil 0 z / z o o �� ?G24 / • jr 1 cr ZZ U `� mza w ° m o O (7 t// N /O^ 0 a CJ / '?/n W m LLJ ,10 3 "lv,2Z.00 N N w . Ld Z o . ' 3 ll'6 90S41 11,6' 8 !• r9 f'g (D o 0Oa �00 zonN E000nW rn Q I WN P o �p rn� I r , Ln ZC; / 9 z Q c3 bp U W N V� C / N / U / / / U / / 3 000inioNM pdtN(0r (DNr�0pnZ II tl II II U m Q �JF- JU Ld m 0 C i O4 00 N o - � N q ,,) co o 't N II II II II II II U m Wn -iJ -JU ( .- N 1r . a n- s Bbd;° 0 z -1 w r. oaQ,. g t' y O 1 m V) 5 0 N 2 l)o Uo k m a) / A �• Z // N ro w O o O N E W O Q Z W Ld N za za— H z c�i O a z W �o r dp coom(i'�o Lil 0 z / z o o �� ?G24 / • jr 1 cr ZZ U `� mza w ° m o O (7 t// N /O^ 0 a CJ / '?/n W m LLJ ,10 3 "lv,2Z.00 N N w . Ld Z o . ' A W V, (D o 0Oa �00 zonN E000nW rn Q W U L >-0 o N l *n I� d' g Ld 0 CD C11 O Q U CD N 11 o..o+^ Ors 0 Z Z m U F �j m lil to, Y j 2, ZQ of �' jQv 2Nv J U D O m } Q o LLJ F- O� w w a 0 lil > m o aoc� J F- U. J Woa NN �' F-� 0 m O F- L.� (n a N w �n LLJ CL 4 Q W / n C) U d W 04 N Ld a U J O FL zF—Ld0 o�-a EXHIBIT A TO RESOLUTION PUBLIC DRAINAGE EASEMENT NO.2 METES AND.BOUNDS DESCRIPTION OF A 0.121 ACRE TRACT CRAWFORD BURNETT LEAGUE, A -7 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO.7, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 134.041 ACRE TRACT AS DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME 3091, PAGE 243 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE SOUTHERLY LINE OF FM 2818 (HARVEY MITCHELL PARKWAY— VARIABLE WIDTH R.O.W.) MARKING THE NORTHWEST CORNER OF SAID REMAINDER OF 134.041 ACRE TRACT AND THE NORTHEAST CORNER OF 2818 PLACE, ACCORDING TO THE PLAT RECORDED IN VOLUME 8721, PAGE 259 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A CONCRETE RIGHT -OF -WAY MARKER FOUND ON THE SOUTHERLY LINE OF FM 2818 BEARS: N 83'49'00" E FORA DISTANCE OF 302.72 FEET; THENCE: S 57'32'45" E THROUGH SAID REMAINDER OF 134.041 ACRE TRACT FOR A DISTANCE OF 476.90 FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT, SAID POINT BEING IN A CLOCKWISE CURVE HAVING A RADIUS OF 760.00 FEET; THENCE: CONTINUING THROUGH SAID REMAINDER OF 134.041 ACRE TRACT FOR THE FOLLOWING CALLS: N 72 46' 17" E FOR A DISTANCE OF 42.73 FEET; N 85 54'01 E FOR A DISTANCE OF 57.97 FEET; S 06 49' 11" E FOR A DISTANCE OF 49.11 FEET; S 28 56'00" W FOR A DISTANCE OF 43.18 FEET; N 44 43'46" W FOR A DISTANCE OF 46.82 FEET; N 81 59'16" W FOR A DISTANCE OF 31.95 FEET TO A POINT IN SAID CLOCKWISE CURVE (RADIUS 760.00 FEET); ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02 48'29" FOR AN ARC DISTANCE OF 37.25 FEET (CHORD BEARS: N 30 39' 15" W — 37.24 FEET) TO THE POINT OF BEGINNING CONTAINING 0.121 OF AN ACRE (5272.5 SQUARE FEET) OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. SEE PLAT PREPARED AUGUST, 2009, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORK/MAB /09- 472J.MAB 0 7C) W J Q U cn EXHIBIT A TO RESOLUTION N / U / O N d O Od C CIRr ror II II II II U m of C) JUJU L V 6 3 6 -V .90 S 41 r — = - --ti 1•oo W \z s / o N / _ l / d ` Z 0 d (. J °u a ° a °o °sue O'yX ' U VJ �y ") o/ V �c / '-���' m N y U w 0 O t CV nj () aood N II II II II II II U m Q'� JUJU off' nP_5 Q°� �� W • / <C/ / �piU>e o a op T 1J/ r / a? / Go Z O F / / O N W O / Ir 1L Z O d Z Ld / / �• / / S Nd Zc O O W O 1 j7 W Q QO K W� 0.4 ZiE mO O Lo _QZ cu 0a wo Z Q m0(9 NN LU w 0 / I d v I � d' I- - -- I / �lb,ZZ.00 w -0 a W 3 N L Z .N w O co W W M} p 0 rl +�1 N 07 lal m n � O 0 O O f� W 117 > ,ry J a N m 1� o �Qgm N wF.c c v O A W ( J � �L , � �j O�� co WZZO (Z � Q U LC } � W l 0 z l Z m m = U F- mW > � O Y .�. ZQ¢ Qr J� }OZZ� mZ1LZ �? U (n D (J m Z O 1;i�j1 m °� j0= \W ?h wQ D U�, J �U�a N 1i F- m O f- to CL O O / Q� O a_ a LL (n Qw u7 w w v U IL Q� N af LcJ a- \ U J z FJ- � o J U 4 EXHIBIT A TO RESOLUTION PUBLIC DRAINAGE EASEMENT NO.3 METES AND BOUNDS DESCRIPTION OF A 0,098 ACRE TRACT CRAWFORD BURNETT LEAGUE, A -7 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CRAWFORD BURNETTLEAGUE, ABSTRACT NO.7, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 134.041 ACRE TRACT AS DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME 3091, PAGE 243 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE EASTERLY LINE OF SAID REMAINDER OF 134.041 ACRE TRACT MARKING THE NORTH CORNER OF A CALLED 4.99 ACRE TRACT AS DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME 8735, PAGE 224 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND THE NORTHWEST CORNER OF THE REMAINDER OF A CALLED 10.7466 ACRE TRACT AS DESCRIBED BY A DEED TO THE CITY OF COLLEGE STATION RECORDED IN VOLUME 6950, PAGE 42 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE EAST LINE OF SAID 4.99 ACRE TRACT BEARS: S 10'56'18" E FOR A DISTANCE OF 439.12 FEET; THENCE: N 86'02'33" W THROUGH SAID REMAINDER OF 134.041 ACRE TRACT FOR A DISTANCE OF 555.85 FEET TO A POINT MARKING THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 760.00 FEET AND THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: CONTINUING THROUGH SAID REMAINDER OF 134.041 ACRE TRACT FOR THE FOLLOWING CALLS: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 ° 30'18" FOR AN ARC DISTANCE OF 19.96 FEET (CHORD BEARS: N 73'48'35" W— 19.96 FEET) TO THE END OF SAID CURVE; N 26° 10'59" W FOR A DISTANCE OF 20.43 FEET; N 20'41'32" E FORA DISTANCE OF 8.18 FEET; N 70'09'53" W FOR A DISTANCE OF 30.01 FEET; N 1'9 56'42" E FOR A DISTANCE OF 60.00 FEET; S 70 03'18" E FOR A DISTANCE OF 58.16 FEET: S 15 26'16" W FOR A DISTANCE OF 81.22 FEET TO THE POINT OF BEGINNING CONTAINING 0.098 OF AN ACRE (4268 SQUARE FEET) OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. SEE PLAT PREPARED AUGUST, 2009, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORK/MAB /09- 472K.MAB EXHIBIT A TO RESOLUTION Cl C2 LINE DISTANCE BEARING R= 760.00' R= 840.00' D= 01'30'18" D= 02'45'24 L1 20.43' N 26 W L= 19.96' L= 40.42' T =9.98' T=20.21' L2 8.18' N 20'41'32" E LC= 19.96' LC= 40.41 L3 30.01' N 70 W CB =N 73'48'35' W CB =S 73'54'09" E SCALE: 1 " = 50' 6' 0 O ry o co PUBLIC DRAINAGE \ �o� EASEMENT NO. 3 / \ \ 0.098 AC. / 3 \ 2 / (4268 SQ. FT.) / / 5/8 INCH IRON ROD FOUND BEARS: C� ` —, S 86 '02'33" _E 555,85' \ \ FUrURfi - \ WAY 58 INCH IRON ROD FOUND BEAR / N 8548' 17" E 567.16' °��° N/F \ ,_.._, _p_ . . TLS PROPERTIES, LTD. o� REM. 134.041 ACRE TRACT 3091/243 �►� OF T� �� \ •..ee Off. ..e ° ..es.q......°....eess BRAD KERR ......e.. e.c...wae. . ;q 4502 Q; ° 0 °Q `O CI ID \/N DI AT -/i/ ^, ;ESS BEARING SYSTEM SHOWN HEREON IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. SEE METES AND BOUNDS PREPARED AUGUST 2009 FOR MORE DESCRIPTIVE INFORMATION. EXHIBIT A TO RESOLUTION PUBLIC DRAINAGE EASEMENT NO.4 METES AND BOUNDS DESCRIPTION OF A 0.062 ACRE TRACT CRAWFORD BURNETT LEAGUE, A -7 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACTNO.7, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 134.041 ACRE TRACT AS DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME 3091, PAGE 243 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE EASTERLY LINE OF SAID REMAINDER OF 134.041 ACRE TRACT MARKING THE NORTH CORNER OF A CALLED 4.99 ACRE TRACT AS DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME 8735, PAGE 224 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND THE NORTHWEST CORNER OF THE REMAINDER OF A CALLED 10.7466 ACRE TRACT AS DESCRIBED BY A DEED TO THE CITY OF COLLEGE STATION RECORDED IN VOLUME 6950, PAGE 42 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE EAST LINE OF SAID 4.99 ACRE TRACT BEARS: S 10° 56' 18" E FOR A DISTANCE OF 439.12 FEET; THENCE: S 85'48'17" W THROUGH SAID REMAINDER OF 134.041 ACRE TRACT FOR A DISTANCE OF 567.16 FEET TO A POINT MARKING THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 840.00 FEET AND THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: CONTINUING THROUGH SAID REMAINDER OF 134.041 ACRE TRACTFOR THE FOLLOWING CALLS: S 25 58'12" E FOR A DISTANCE OF 77.07 FEET; S 64 01'48" W FOR A DISTANCE OF 30.00 FEET; N 25 58' 12" W FOR A DISTANCE OF 104.12 FEET TO A POINT ON SAID COUNTERCLOCKWISE CURVE (RADIUS 840.00 FEET); ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02 45'24" FOR AN ARC DISTANCE OF 40.42 FEET (CHORD BEARS: S 73° 54'09" E -40.41 FEET) TO THE POINT OF BEGINNING CONTAINING 0.062 OF AN 'ACRE (2711 SQUARE FEET) OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. SEE PLAT PREPARED AUGUST, 2009, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 7 F D:/WORIUMAB /09- 472L.MAB Al 0 GO T ER ° 0 0 •ooeoanroorreroas °oenaor BRAD KERR 1s oeroaooe ....ores a6 eu $A 4502 � 0 �ES � 1 Q•'y � 0 � ;4 ° S tI R� /Y� EXHIBIT A TO RESOLUTION Cl C2 LINE DISTANCE BEARING 13= 760.00' R= 840.00' D= 01'30'18" D= 02'45'24" Lt 20.43' N 26'10'59" W L= 19.96' L= 40.42' T =9.98' T=20.21' L2 8.18' N 20'41'32" E LC= 19.96' LC= 40.41 L3 30.01' N 70'09'53" W CB =N 73'48'35" W CB =S 73'54'09" E SCALE: 1 " = 50' o 8 ' 16 ' 0 o ff / \ o -, PUBLIC DRAINAGE / EASEMENT NO. 3 / 0.098 AC. 3 (4268 SQ. FT.) 43 V /_to `� 5/8 INCH IRON ROD FOUND BEARS; I; J S 8 6 . 02'33" E \ wAY L 5 8 INCH IRON ROD FOUND BEARS: -� ` / N 85�48'l7 " E 567.16 CA O _ N S F TLS PROPERTIES, LTD. REM. 134. 3091/243041 ACRE TRACT ° vi T�R� y > 0 O It .. l.fq.lq..1...!•.O.OD! BRAD KERR ..a.un...... e.l..►..°a. 0 4502 \F 9• ���ES S �o�� 0 i_ A_�n a BEARING SYSTEM SHOWN HEREON IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. SEE METES AND BOUNDS PREPARED AUGUST 2009 FOR MORE DESCRIPTIVE INFORMATION. EXHIBIT A TO RESOLUTION NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. PUBLIC UTILITY, PUBLIC ACCESS AND LANDSCAPE EASEMENT DATE: 2010 GRANTOR: CAPSTONE — CS, LLC, an Alabama limited liability company GRANTOR'S MAILING ADDRESS: 431 Office Park Drive (including County) Jefferson County Birmingham, Alabama 35223 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue Brazos County College Station, Texas 77842 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration. PROPERTY: Tract One: All that certain tract or parcel of land containing 1118 square feet of land, more or less, lying and being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, said tract being a portion of the remainder of a called 134.041 acre tract as described in a deed to TLS Properties, Ltd., recorded in Volume 3091, Page 243, Official Public Records of Brazos County, Texas; said 1118 square feet of land being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all intents and purposes. Page 1 0: (Department Files /Public Warks/Hallema» st assessml" 091Real esiale lranslcapstaneWraftsU - Public Utility, Public Access and Landscape Easemenl.dacx /2/28/2009 EXHIBIT A TO RESOLUTION Tract Two: All that certain tract or parcel of land containing 245 square feet of land, more or less, lying and being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, said tract being a portion of the remainder of a called 134.041 acre tract as described in a deed to TLS Properties, Ltd., recorded in Volume 3091, Page 243, Official Public Records of Brazos County, Texas; said 245 square feet of land being more particularly described by metes and bounds on Exhibit "B" attached hereto and made a part hereof for all intents and purposes. Tract Three: All that certain tract or parcel of land containing 407 square feet of land, more or less, lying and being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, said tract being a portion of the remainder of a called 134.041 acre tract as described in a deed to TLS Properties, Ltd., recorded in Volume 3091, Page 243, Official Public Records of Brazos County, Texas; said 407 square feet of land being more particularly described by metes and bounds on Exhibit "C" attached hereto and made a part hereof for all intents and purposes. For and in consideration of the benefits accruing to the citizens of the GRANTEE and to the general public, GRANTOR herein GIVES and DEDICATES to GRANTEE the easement rights herein specified only as to that portion of the above - described property more particularly described on the attached Exhibits "A ", "B ", and "C" collectively referred to as the 'Basement Areas ", and any additional areas outside the Easement Areas necessary to install and attach equipment, guy wires, and anchors necessary and incident to the public use of the Easement Areas for public access and to erect, construct and install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, make improvements to, and remove the following: public accessways including but not limited to pedestrian walkways, sidewalks and bicycle paths; 2. any public improvements or structures as are reasonably necessary for the use of the public accessways, including but not limited to irrigation, benches, kiosks, trash receptacles, signage, emergency call boxes, public art, water features and bicycle racks; landscaping; and Page 2 O: (Department FilesTublic Works/Holleman sl assessml "091Real estate translcapstoneldrajtsU - Public Utility, Public Access and Landscape Easement.docx /1/18/1009 EXHIBIT A TO RESOLUTION 4. electric transmission lines and electric distribution lines and related equipment; water lines and sanitary sewer lines, connecting lines, access facilities and related equipment; storm sewers and collection facilities; television, telephone and communications lines and related equipment; drainage ditches, drainage pipes and all other drainage structures, surface or subsurface and all associated facilities; upon, over, under and across said Easement Areas as described and any ways, streets, roads, or alleys abutting same; provided, however, that notwithstanding anything contained herein to the contrary, all utility lines installed by GRANTEE in accordance herewith shall be installed underground only, and the right to cut, trim, and control the growth of trees and other vegetation within or along the Easement Areas, which might unreasonably interfere with or threaten the operation and maintenance of any equipment, accessories, or operations as determined by GRANTEE and as may be reasonably necessary to prevent possible interference with the operation and maintenance of said equipment, accessories, or operations or to remove possible hazards thereto. This conveyance is in effect forever so long as GRANTEE gives its construction contractor notice to proceed for the construction of the improvements hereinabove referenced within the Easement Areas on or before June 1, 2010. In the event GRANTEE fails to give its construction contractor notice to proceed for the construction of the improvements hereinabove referenced within the Easement Areas on or before June 1, 2010, all title of GRANTEE in and to the Easement Areas shall revert to GRANTOR without any further action by GRANTOR or GRANTEE, and this instrument and the rights, duties and obligations of GRANTOR and GRANTEE hereunder shall cease, terminate and be of no further force or effect. It is expressly understood and agreed that any and all equipment or structures placed upon the Easement Areas by GRANTEE shall remain the property of GRANTEE. Notwithstanding anything contained in this agreement to the contrary, (1) the use of the Easement Area by Grantee shall be for public purposes only, (2) the easement rights granted herein are non - exclusive and Grantor and Grantor's successors, assigns, lessees, tenants, guests and invitees shall all have the right to make use of the Easement Area, including, without limitation, the right to make use of the Easement Area for purposes of vehicular and pedestrian ingress and egress to Grantor's other real property that is located adjacent to the Easement Area and /or to place signage within the Easement Area so long as such uses do not unreasonably interfere with the rights of Grantee hereunder, and (3) Grantee shall repair, maintain and replace (all as applicable and as necessary) any and all improvements constructed or otherwise placed on, over or under the Easement Area by Grantee. GRANTOR hereby expressly acknowledges that it is the underlying fee owner of the Easement Areas. GRANTOR expressly subordinates all rights of surface use, incident to the mineral estate owned by GRANTOR, to the above - described uses of said surface by GRANTEE. Page 3 0: Department Files /Public Works /Holleman st assessmt" 091Real estate translcapstoneWraj�sU - Pnbhc Utility, Public Access and Landscape Easementdocx 12/28/2009 EXHIBIT A TO RESOLUTION RESERVATIONS AND EXCEPTIONS: 1. Right -of -Way Easement from T. L. Smith, Jr. to Sinclair Refining Company, dated October 7, 1947, recorded in Volume 132, page 127, Deed Records of Brazos County, Texas and assigned to Arco Pipe Line Company by document recorded in Volume 1559, page 175, Official Records of Brazos County, Texas and subject to the terms and conditions of Partial Release and Modification of Easement Rights dated May 19, 2009, from Explorer Pipeline Investment Co. to T. L. Smith, Jr., et al, recorded in Volume 9122, page 179, Official Records of Brazos County, Texas. 2. Easement dated April 17, 1979, from Travis L. Smith, DI, et al to the City of Bryan, and recorded in Volume 430, Page 46, Deed Records of Brazos County, Texas. 3. Easement dated August 23, 1979, from John Douglas Smith, et al to the City of Bryan, and recorded in Volume 434, Page 435, Deed Records of Brazos County, Texas. 4. Easement as Awarded in Judgment dated June 30, 2003, from the City of College Station to TLS Properties, Ltd., et al, and recorded in Volume 5419, Page 110, Deed Records of Brazos County, Texas. 5. Easement dated January 7, 2004, from TLS Properties, Ltd. to the City of Bryan, dba Bryan Texas Utilities, and recorded in Volume 5812, Page 288, Official Records of Brazos County, Texas. 6. Easement dated July 25, 2005, from TLS Properties, Ltd. to the City of Bryan, dba Bryan Texas Utilities, and recorded in Volume 6849, Page 148, Official Records of Brazos County, Texas. 7. Easement dated June 4, 2008, from TLS Properties, Ltd. to the City of Bryan, dba Bryan Texas Utilities, and recorded in Volume 8633, Page 51, Official Records of Brazos County, Texas. 8. Easement dated January 7, 1972, from Sidney N. Smith, et al to Wellborn Water Supply Corporation, and recorded in Volume 303, Page 354, Deed Records of Brazos County, Texas. 9. Easement dated July 24, 1984, from J.D. Smith, et al to the City of Bryan, and recorded in Volume 709, Page 509, Official Records of Brazos County, Texas. 10. Easement dated April 22, 1987, from John Douglas Smith, et al to Wellborn Water Supply Corporation, and recorded in Volume 1114, Page 347, Official Records of Brazos County, Texas. 11. Easement dated July 15, 1997, from John D. Smith, et al to Ferguson - Burleson Gas Gathering System, and recorded in Volume 2788, Page 175, Official Records of Brazos County, Texas. 12. Easement dated August 11, 2004, from TLS Properties, Ltd. to the City of Bryan, dba Bryan Texas Utilities, and recorded in Volume 6248, Page 78, Official Records of Brazos County, Texas. Page 4 0:0eparimeni Files /Public Works /Holleman st assessmi "091Real estate translcapsioneldrajtsU - Public Utility, Public Access and Landscape Easement.docx 12/28/2009 EXHIBIT A TO RESOLUTION 13. Right of Way Easement dated May 30, 1958, from T. L. Smith, Jr. to The City of Bryan, Texas, recorded in Volume 190, page 23, Deed Records of Brazos County, Texas. 14. Royalty Deed dated April 8, 1946, from T.L. Smith, Jr. to William Bukowski, et al, and recorded in Volume 123, Page 583, Deed Records of Brazos County, Texas. 15. Royalty Deed dated March 30, 1984, from Rosa Bukowski to W.N. Adkins, and recorded in Volume 670, Page 171, Official Records of Brazos County, Texas. 16. Royalty Deed dated June 17, 1985, from Annie Bukowski to H.B. Young, and recorded in Volume 805, Page 67, Official Records of Brazos County, Texas. 17. Mineral Reservation as set out in Special Warranty Deed dated December 15, 2008, from TLS Properties, Ltd. to Capstone - CS, LLC, recorded in Volume 8900, page 148, Official Records of Brazos County, Texas. 18. Mineral Reservation as set out in Special Warranty Deed dated May 14, 2008, from Brazos County, Texas to TLS Properties, Ltd., recorded in Volume 8591, page 273, Official Records of Brazos County, Texas. 19. Oil and Gas Lease dated September 24, 1993, from John Douglas Smith, et al, to Apache Corporation, and recorded in Volume 2019, Page 294, Official Records of Brazos County, Texas, and as amended in Amendment to Oil, Gas and Mineral Lease dated March 31, 1994, from John Douglas Smith, et al to Apache Corporation, recorded in Volume 2103, page 189, Official Records of Brazos County, Texas and Oil and Gas Extension Amendment dated July 27, 1995 from John Douglas Smith, et al to Union Pacific Resources Company, recorded in Volume 2419, page 146, Official Records of Brazos County, Texas and Oil and Gas Second Extension Amendment dated August 30, 1996 from John Douglas Smith, et al to Union Pacific Resources Company, recorded in Volume 2691, page 73, Official Records of Brazos County, Texas and subject to Waiver of Surface Use (Mineral) dated September 5, 2008, executed by Ogden Resources, Ltd. to TLS Properties, Ltd., recorded in Volume 8874, page 198, Official Records of Brazos County, Texas. 20. Memorandum of Oil and Gas Lease dated April 7, 1984, from The County of Brazos, Texas, to Threshold Energy, Inc., recorded in Volume 695, Page 152, Official Records of Brazos County, Texas. TO HAVE AND TO HOLD, the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, forever, and GRANTOR does hereby bind itself, its successors and assigns, to warrant and forever defend, all and singular, these rights and interests unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof, by, through, or under GRANTOR, but not otherwise. Page 5 O: (Department Files /Public Works /Holleman sl assessor! "091Real eslale lranslcapslon0draflsU - Public Uldity, Public Access and Landscape Easemencdocx 12/28/2009 EXHIBIT A TO RESOLUTION CAPSTONE — CS, LLC, an Alabama limited liability company By: CAPSTONE DEVELOPMENT CORP. Its sole member By:_ Name: Title: CONSENT AND SUBORDINATION BY LIENHOLDER Lienholder, as the holder of liens(s) on the fee simple title to the Easement Areas, consents to the above grant of easements, including the terms and conditions of such grant, and Lienholder subordinates its lien(s) to the rights and interests of the easements, such that a foreclosure of the lien(s) will not extinguish the rights and interests of the easements. TLS PROPERTIES, LTD., aTbL%LinitedPartnership By: TLS OPERATING COMPANY, LLC, a Texas Limited Liability Company Its General Partner M. Bruce A. Smith, President APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SUBMISSION FOR APPROVAL. City Attorney Page 6 0:0eparlmenl Files /Public Works /Holleman s1 assessml "091Real esmie Iranslcaps(oneVraf1sU - Public Utility, Public Access and Landscape EasemenLdocx 1212812009 EXHIBIT A TO RESOLUTION THE STATE OF ALABAMA COUNTY OF JEFFERSON ACKNOWLEDGMENT This instrument was acknowledged before me on this day of ' 2010, by , of CAPSTONE DEVELOPMENT CORP., Sole Member of CAPSTONE — CS, LLC, an Alabama limited liability company, on behalf of said CAPSTONE — CS, LLC, an Alabama limited liability company. Notary Public in and for State of Alabama THE STATE OF TEXAS COUNTY OF ACKNOWLEDGMENT This instrument was acknowledged before me on this day of , 2010, by BRUCE A. SMITH, President of TLS OPERATING COMPANY, LLC, a Texas Limited Liability Company, General Partner of TLS PROPERTIES, LTD, a Texas Limited Partnership, on behalf of said TLS PROPERTIES, LTD., a Texas Limited Partnership. Notary Public in and for the State of Texas PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842 -9960 AFTER RECORDING, RETURN TO: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842 -9960 Page 7 O: (Department Files /Public WorksIHolleman st assessnu "091Real estate translcapstoneVrafisU - Public Utility, Public Access and Landscape Easement.docx !2/28,1009 EXHIBIT A TO RESOLUTION PUBLIC UTILITY & ACCESS EASEMENT NO. 1 METES AND BOUNDS DESCRIPTION OF A 1118 SQUARE FOOT TRACT CRAWFORD BURNETT LEAGUE, A -7 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 134.041 ACRE TRACT AS DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME 3091, PAGE 243 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE SOUTHERLY LINE OF FM 2818 (HARVEY MITCHELL PARKWAY — VARIABLE WIDTH R.O.W.) MARKING THE NORTHWEST CORNER OF SAID REMAINDER OF 134.041 ACRE TRACT AND THE NORTHEAST CORNER OF 2818 PLACE, ACCORDING TO THE PLAT RECORDED IN VOLUME 8721, PAGE 259 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A CONCRETE RIGHT -OF -WAY MARKER FOUND ON THE SOUTHERLY LINE OF FM 2818 BEARS: N 83'49'00" E FOR A DISTANCE OF 302.72 FEET; THENCE: S 44 2725 E THROUGH SAID REMAINDER OF 134.041 ACRE TRACT FORA DISTANCE OF 741.89 FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: CONTINUING THROUGH SAID REMAINDER OF 134.041 ACRE TRACT FOR THE FOLLOWING CALLS: N 85 29'58" E FOR A DISTANCE OF 7.12 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 840.00 FEET, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14 47'40" FOR AN ARC DI STANCE OF 216.90 FEET (CHORD BEARS: S 57'29'51 " E- 216.30 FEET) TO THE END OF SAID CURVE; S 29 44'3 1 " E FOR A DISTANCE OF 8.63 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 845.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15 3 706" FOR AN ARC DISTANCE OF 230.34 FEET (CHORD BEARS: N'37 33' " W 229.63 FEET) TO THE POINT OF BEGINNING CONTAINING 1118 SQUARE FEET OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. SEE PLAT PREPARED AUGUST, 2009, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORK/MAB /09- 472F.MAB F�� 6 Fa0n6w 0 4 v° Cjl ST�Rwe� a oeoosroeaooasawoo6coaoa BRAD KERR eoonooa0000 em000c nouuvao 4502 ' q N /( ° a EXHIBIT A TO RE O�UIIOfi 1 v, L / I & Lo L U Z �7 / � W ��W / Q I N II ��W �r M ZmN z // � °z mM 04 nL� ,ioZ = U W N W a O U m W 1\ V 4 3 CON 1 O O M 3 3 3 3 d' M U m ` r, W iD f0 T m Z � M = O N !n M U N N w 3 3 w 3 w 0 � ° in m M N Z !n !o M !n M M O) Cq n O O M W Z (n Z N VI N Z Z W U Z Z m Z U n O _N o. m .ao�. !2 r -6 N M 0 z J o J J J J J N N N M M J W n -t n M O n M O N O O O O O O O D O o O o O O O in O O 0 ro m ao m U U U U V U U rA /vN < V) L Sew `� U ED m 0. a ?V) LLI V) LLJ o • t ' ;�, .J i b C J ° aom e'n�(� Y\ Q -E ( LJ Q W i LLJ o l Cn W W �UQ �9 I �Q �oQ gas o?'A J6 "J (n,nl �� QQ LI�Nn4e °v " oCo ��� Q IV W y\�'Jt�ryy 0r) �Y6�� ;mBQr`O'O �oUw�m zk t ��rn o �� V) � O w f Z�WM J�Q UI n- Q W Of �• U W � w 3 � 0 W zI aw S N (n Q w Z K w o� z Lem ?moo za mocD � Q� Wo R' L W Z a F a 7 O m � W Z d� 0 o W� rn v) N w w 3 3 3 3 w w 0 m ` O) m iD m in m Z � M In 0 M !n m N - - M co N n n Z (n Z N VI N Z Z W Z M n O _N r n 6 !2 N -6 N M z J J J J J J J J EXHIBIT A TO RESOLUTION PUBLIC UTILITY & ACCESS EASEMENT NO. 2 METES AND BOUNDS DESCRIPTION OF A 245 SQUARE FOOT TRACT CRAWFORD BURNETT LEAGUE, A -7 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 134.041 ACRE TRACT AS DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME 3091, PAGE 243 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD FOUND. ON THE EASTERLY LINE OF SAID REMAINDER OF 134.041 ACRE TRACT MARKING THE NORTH CORNER OF A CALLED 4.99 ACRE TRACT AS DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME 8735, PAGE 224 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND THE NORTHWEST CORNER OF THE REMAINDER OF A CALLED 10.7466 ACRE TRACT AS DESCRIBED BY A DEED TO THE CITY OF COLLEGE STATION RECORDED IN VOLUME 6950, PAGE 42 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE EAST LINE OF SAID 4.99 ACRE TRACT BEARS: S 10 56' 18" E FOR A DISTANCE OF 439.12 FEET; THENCE: N 86'02'20" W THROUGH SAID REMAINDER OF 134.041 ACRE TRACT FOR A DISTANCE OF 555.85 FEET TO A POINT MARKING THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 760.00 FEET AND THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: CONTINUING THROUGH SAID REMAINDER OF I34.041 ACRE TRACTFOR THE FOLLOWING CALLS: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01° 30'18" FORAM ARC DISTANCE OF 19.96 FEET (CHORD BEARS: N 73'48'35" W —19.96 FEET) TO THE END OF SAID CURVE; N 26 10'59" W FOR A DISTANCE OF 13.78 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 750.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02 13'29" FOR AN ARC DISTANCE OF 29.12 FEET (CHORD BEARS: S 73 26'59" E — 29.12 FEET) TO THE END OF SAID CURVE; S'15 26'16" W FORA DISTANCE OF I0.00TEET TO THE POINT OF BEGINNING CONTAINING 245 SQUARE FEET OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. SEE PLAT PREPARED AUGUST, 2009, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. N BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 s opcv D:IW ORKIMAB /09- 472G.MAB vucaecppv cceppcpeeaeeea BRAD KEIi l veaovvccocccu¢ocr i..� 4502 o S O Q' O M I / N n 0 O zo EXHIBIT A TO RE OR N CokullOIt /I o }}. rn � J �� / z zo a I oinW � 1 / / Q(nM M ?UW v U Zm N ° z 1 U —m zoo / / w 6 ?UZ N M Jm W 't m�8N U O \O 00 nW 'n 0070 �p S Q s I ? v w Z) � y /� 3 N U vi N O / p m C) �� M ZI 03 =) g (X N M7 M � i0 N _0 l0 N LL N f7 t- r'7 H1 tn in n n n n z V) Z Z(A Z O Q' O M K) M 3 N n 0 O m m Q1 In m O O O Z_ M M U N N N N M w 3 3 w 3 w N N N O p m oo N (X N M7 M � i0 N M N l0 N LL N f7 t- r'7 H1 tn in n n n n z V) Z Z(A Z V) U N z W m ..�_ m 00. �. 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W o oO Z C7 O En O � 0] � W � a 0 0 wa �o rn fW N w w 3 3 3 3 w w � O O O Z_ M Lo M N O 'n N N N O p m oo N - N -- fz N n Z N Z N N to z Z W U N Q (oo n c6 M a0 N m N s LLj Z EXHIBIT A TO RESOLUTION PUBLIC UTILITY & ACCESS EASEMENT NO.3 METES AND BOUNDS DESCRIPTION OF A 407 SQUARE FOOT TRACT CRAWFORD BURNETT LEAGUE, A -7 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACTNO.7, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 134.041 ACRE TRACT AS DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME 3091, PAGE 243 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE EASTERLY LINE OF SAID REMAINDER OF 134.041 ACRE TRACT MARKING THE NORTH CORNER OF A CALLED 4.99 ACRE TRACT AS DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME 8735, PAGE 224 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND THE NORTHWEST CORNER OF THE REMAINDER OF A CALLED 10.7466 ACRE TRACT AS DESCRIBED BY A DEED TO THE CITY OF COLLEGE STATION RECORDED IN VOLUME 6950, PAGE 42 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE EAST LINE OF SAID 4.99 ACRE TRACT BEARS: S 10'56'18" E FOR A DISTANCE OF 439.12 FEET; THENCE: S 86'09'12" W THROUGH SAID REMAINDER OF 134.041 ACRE TRACT FOR A DISTANCE OF 577.I2 FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: CONTINUING THROUGH SAID REMAINDER OF 134.041 ACRE TRACTFORTHEFOLLOWINGCALLS: S 15'26'16" W FOR A DISTANCE OF 8.00 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 848.00 FEET; ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02 20'09" FOR AN ARC DISTANCE OF 34.57 FEET (CHORD BEARS: N 73 23'39" W — 34.57 FEET) TO THE END OF SAID CURVE; S 71 08'58" W FOR A DISTANCE OF 28.13 FEET; N 32° 52'3 5" E FOR A DISTANCE OF 8.07 FEET; N 71 08'58" E FOR A DISTANCE OF 28.48 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 840.00 FEET; ALONG SAID CURVE THROUGHA CENTRAL ANGLE OF 02 10'23" FOR AN ARC DISTANCE OF 31.86 FEET (CHORD BEARS: S 73 28'32" E — 31.86 FEET) TO THE POINT OF BEGINNING CONTAINING 407 SQUARE FEET OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND. SEE PLAT PREPARED AUGUST, 2009, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. t\ BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 —FYi°V OY BBBOV E8008COe 9P ;,E D: /WORK/MAB /09- 472H.MAB BRAD K ERR os E'rv000aovepp °cs°vrrn� 4502 !o � °FFSS��.•.�G� cq Q A TO RE O�UIOf�I, / 0 (D } V) I � z.. I p F - UZ LL �� 52 N �bi`' Z !K a�0 o I� � � ~ w V) z o U 00 rn / U Z Lc W U / / V i ° rn \o C31 m z C)W V) CL co Z)IZ D O M O 3 U n O m _ (O C o] U N N N M M w 3 3 w 3 w N o O— 6 o, m N Z_ i!0 P M 0 M M m N N N m N to :4- I� N n N U) u) to N n z r- w (1) z z N z U) W ..0.. tl0.. �. W. 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