Loading...
HomeMy WebLinkAbout1992-1964 - Ordinance - 06/25/1992ORDINANCE NO. 19 6 4 AN ORDINANCE RECEIVING CERTAIN TERRITORY ADJOINING THE CITY LIMITS OF THE CITY OF COLLEGE STATION, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: WHEREAS, the City of College Station has decided to extend the boundaries of the City and annex area adjacent to tho City lying within the extraterritorial jur[ediction of the City as described by metes and bounds in Exhibit A attached herein and incorporated by reference; WHEREAS, the City Council as governing body of the City has conducted two public hearings on May 28, 1992, an.d June 5, 1992, respectively, at which persons interested in the annexation were g~ven the opportunity to be heard; WHEREAS, these hearings were conducted on or a~er the 40th day but before the 20th day before the date of the institution of the annexation proceedings; WHEREAS, notice of the hearinge was published in a newspaper of general circulation and in the area proposed for annexation at least once on or after the 20th day but before the 10th day before the date of each hearing; WHEREAS, at the public hearings a "Service Plan" that provides for the extension of full muni~pal services to the area to be annexed, prepared by the City. Planmng Department m accordance with Sec. 43.056 of the Local Government Code, was made available for public inspection and was explained to the inhabitants of the area at the public hearings; and WHEREAS, the Service plan is set out in Exhibit B attached hereto is and incorporated herein as part of this ordinance by reference. NOW, THEREFORE, in accordance with Article Il, Section 7 of the Charter of the City of College Station, Texas, and Sec. 43.021 of the Texas Local Government Cede, the City of College Station City Council by this ordinance receives the aforementioned territory into the incorporated limits of the City of College Station, Texas, as described in Exhibit A. PASSED and APPROVED this 25th day of June, 1992. ATTEST: APPROVED: ~MAYOR The cost of off-site extension of water and wastewater facilities to serve a lot, tract, plat or land development shall be borne by the owner or developer of the lot, tract plat or land. Where such extension is consistent with plans for the developmen, t of the City and its utility system the City may, by decision of the .C. ity Council, participate in the cost of construction so as to provide for additional capacity for the overall development of an area; The City may, fr.o.m time. to time, include the construction of water and wastewater [acihties in its Capital Improvements Programs. Lines and fac. ilities included in such programs shall be determined on a City.-wide .basis. Priorities shall be established by the CIP plans of the City, growth trends and direction and the Council through its development plans and policies. Capital Improvements No capital improvements are necessary to provide "full municipal services" to the area. Improvements will be made to the_existing water system as .necessary. to. bring the operations and .maintenance or .t~.e system to Colle. ge St?ion st.an.~ards. Such improvements may include the additton of fire hydrants, vmves anu omer improveinents which may be determined necessary during the !nstallation of water system improvements. These improvements will be made within the four and one- half year period prescribed by law. Locations of existing facilities to be acquired or maintained are reflected in Figures 2, 3 and 4. Validity and Amendment Upon approval by the City Council of t.h.e City of College Station this plan becomes a contractual obligation. This plan is valid for tenyears from the date of its adoption. Renewal of the service plan is at the discretion of the City of College Station. This service plan may be amended or revised in accordance with Local Government Cede Sec. 43.056(h). Ordinance No. 1964 page 15 ~ o~o the system. Street lights will be installed and maintained in a manner consistent with standards established for other comparable portions of the City. Street signs shall be brought to College Station standords within 60 days of the annexation. Parks, Playgrounds, Swimming Pools. There are no existing parks, playgrounds or swimming peels within the area to be annexed. There are, however, a sufficient number of parks, playgrounds, and swimming pools located in the general vicinity to service the area to be annexed at a standard that meets or exceeds the current Parks and Recreation Department standard for services in other comparable areas of College Station. Additional park development in the area will be addressed through the development standards and procedures of the City as additional residential development occurs. Such park development includes, but is not limited to, dedication of park land and/or money in lieu of land in accordance with the City of College Station subdivision regulations. Publicly Owned Buildings, Services or Facilities. There are no publicly owned buildings in the area to be annexed. Electrical services and facilities operated by the City of Bryan will be acquired by the City of College Station as provided by written agreement between the cities of Bryan and College Station. Water and Wastewater The area to be annexed currently receives water from a private corporation. The City of College Station shall take over water service upon annexation. During this transition period, the assumption of water services by the City of College Station shall be scheduled inasmuch as it is possible so as to prevent the disruption of water services to the annexed properties. In the event the City should make capital improv~nents for wastewater services in any annexed area the City reserves the right to levy an impact fee to the properties annexed upon connection to wastewater facility improvements in accordance with Chapter 395 of the Texas Local Government Cede. Any assessment levied in accordance with Chapter 395 does not preclude the payment of standard tap fees or other fees that are put into effect on a City-wide basis. Water and Wastewater Utility Policy The water and wastewater utility extension policy of the City of College Station, as evidenced through the ordinances and development practices of the City, is as follows: The cost of water and wastewater facilities necessary to serve existing lots or new development within a subdivision plat or land development shall be borne by the lot owner or developer of the plat or land; Ordinance No. 1964 page 14 Police Protection .Police~. rotection and police services will be provided to the annexe.d, properties immediately following the effective date of annexation. Services w~ll include patrolling, responses to calls, investigations and other routine police services. Police protection and services will be provided at the same level as provided to other comparable areas within College Station. Fire Protection Fire protection through suppression and prevention will be provided immedia~ly following the effective date ofthe annexation. Protection through reactive serv,ces will be provided through response to calls. Protection through proactive services will be provided through fire cede enforcement and inspection activities. Construction and development activities undertaken after the effective date of annexation shall comply with all building and fire safety codes of the City of College Station. All structures shall be brought into compliance with the address standards of the College Station Code of Ordinances. Building Permits Required ,Cl~nstructio.n' activities underway prior to annexation may continue pr .evided that construct, on after annexation must comply with City codes and ordlnancee. Building permits must be obtained for construction underway. Permit fees shall be waived for construction underway prior to annexation. Solid Waste Collection Solid ,waste c. ollection, services, presently provided by a.private service, will be previae~ exc,usivaly by the City. In order to secure solid waste collection services, each property owner must est.ablish a utility account with th?. City of College Station. Services will be provided within 10 days after establishing an account. Roads, Streets, including Street Lights Roads and streets in the area annexe, d will be maintained by the City of College Station and will be added to the City s maintenance activities immediately following annexation. Maintenance priorities shall be determined on a City-wide basis taking into consideration such factors as: street width, volume oftraffic, street cond,tions, nature of maintenance needs, and public safety hazards. The improvement and enlargement of cul-de-sac turn arounds within existing ri hr-of-way will be included in future ma, ntenance activ,tles as practical and where needed to facilitate the maneuvering of emergency and sanitation service vehicles. Current .area street lighti _ng will be maintained by the City of College Station as soon as the electr,cal distribution system for the ann,xed area has been acquired by the City of College Station from the City of Bryan. The sufficiency of the area's street lighting will be reviewed after the acquisition of Ordinance No. 1964 page 13 EXHIBIT B SERVICE PLAN Service Plan Foxfire Area Annexation. On June 28, 1992, the City Council of the City of College Station annexed certain properties located within the City's Extra-Territorial Jurisdiction into the City. These properties are illustrated in Figure 1. This plan provides a program under which the City of College Station will provide full municipal services to the annexed area. The timing of ser~..ice provision will vary depending on the service. All services will be provided w~thin 4 1/2years unless changecl conditions or subsequent occurrences make the service plan unworkable or obsolete. In such event, the City shall amend the service plan to conforiii to the changed conditions or subsequent occurrences as providedin Local Government Cede Sec. 43.056(h). However, the following services shall be provided not later than sixty (60) days following the effective date of annexation: 1) 2) 3) 4) 5) 6) ~olice protection; reprotection solidwaste collection maintenance of roads and streets, including road and street lighting; maintenance of parks, playgrounds and swimming pools; and maintenance of any other publicly owned facility, building, or service. For the purpose of this plan, "full municipal services" includes any service funded in full or in part by municipal taxes and provided by the City of College Station within its full-service boundaries. Municipal services to be provided within the ann. exed area may be by any of the methods by which the City provides services to other comparable areas. Municipal services within the annexed area are to be provided at the same level as such services are provided to other comparable areas of the City. Specifically, comparable areas of the City are those portions of the City that have similar characteristics of topography, land use and population density. Ordinance No. 1964 page 11 THENCE N 44° 44' 47" E 198.25 feet along the northwest right-of-way line of Faulkner Drive to an iron rod for the PLACE OF BEGINNING; THENCE N 45° 03' 16" W 219.73 feet to an iron rod for corner; THENCE N 44° 44'47" E 198.25 feet to an iron rod for corner; THENCE S 45°03'16" E 219.73 feet to an iron rod for corner; THENCE S 44o44'47" W 198.25 feet to the PLACE OF BEGINNING, and containing 1.00 acre of land, more or less. ~ that certain tract or parcel of land more commonly known or referred to as the PEARCE TRACT, same parcel being a 1.00 acre tract or oarcel of land lvir~ and being situated in the Thomas Ceruthers League, Abstract N~. 9, Brazos Cot~-t~, Texas, and being part of the J. A. Higgins Estate, and being more particularly described in A Warranty. Deed filed in Volume 424 Page 133 of the Deed Records of Brazos County as follows: BEGINNING at an iron rod in the Southwest boundary line of the above described Higgins tract, same being the most northerly corner of Lot 2 Block 4 Foxfire Addition, Dr. 351/435; THENCE N 44° 44' 47" E, within said Higgins tract, for a distance of 229.3 feet to an iron rod for corner; THENCE S 45° 03'16" E, parallel to Lot 2, for a distance of 190 feet to an iron rod for corner; THENCE S 44° 44' 47" W for a distance of 229.3 feet to an iron rod for corner in the northeast line of said Lot 2; THENCE N 45° 03' 16" W along said Let 2, for a distance of 190 feet to the POINT OF BEGINNING, containing 1.00 acre of land, more or less Ordinance No. 19 6 4 page 10 post fence corner marking the east corner of Freneau Drive (60' right-of-way); THENCE: N 45° 21' 41" W along the northeast line of Freneau Drive for a distance of 60.11 feet to a 1/2" iron rod found at 4" creosote post fence corner; THENCE: N 44° 14' 17" E parallel with and 60.111 feet northwest of the northwest line of the beforementioned Lot 1, Block 5, Foxf'rre - Phase I, for a distance of 51.52 feet to a 1/2" iron rod set; THENCE: N 45° 21' 18" E parallel with and 60.00 feet northwest of the northwest line ef Foxfire Phase IV adjacent to a fence for a distance of 705.96 feet to a 1/2" iron rod found at cross-tie fence corner marking the east corner of the beforementioned 8.40 acre tract; THENCE: N 36° 34' 47" W along the common line between the beforementionod 72.19 acre tract and the 8.40 acre tract, a~acent to a fence, for a distance of 328.74 feet to the PLACE OF BEGINNING, containing 9.38 acres ef land more or less. AREA 8A Being all that certain tract or parcel of land more commonly known o.r referred to as the CHYLINSKI TRACT, which is described on Warranty Deed filed in Volume 475 Page 474 of the Deed Records of Brazes County, and being more particularly described by metes and bounds as follows: BEING a tract or parcel of land lying and being situated in the Thomas Caruthers League, Abstract No. 9, Brazes County, Texas, and being part of the J. M. Higgins Estate and being more particularly described as follows: Tract No. 1 - Beg~nmng .at an iron rod in the southwest boundary line of the above described tract, same being' the most easterly corner of Lot 5, Block 5, Fexf'n'e Addition, DR 351/435; THENCE N 45° 03' 16" W along said Lot 5, for a distance of 219.73 feet to an iron rod for corner; THENCE N 44° 44' 47" E within said Higgins tract for a distance of 198.25 feet to an iron rod for corner; THENCE S 45° 03' 16" E parallel to said Lot 5, for a distance of 219.73 feet to an iron rod for corner; THENCE S 44° 44'47" W for a distance of 198.25 feet to the POINT OF BEGINNING, containing 1.00 are of land more or less. AREA 8B e]~g a tract or parcel of land lying and being situated in the Thomas Caruthers League, Abstract No. 9, Brazes County, Texas, more commonly known or referred to as the CI-IYLINSKI TP,~CT, and being part of the .J.. M. Hi,c-ins Estate which is described on a Warranty Deed and being more part~cularly-~escribed as follows: Tract No. 1 - Commencing at an iron rod in the southwest boundary line of the above described tract, same being the most easterly corner efLot 5, Block 5, Foxfire Addition, DR 351/435; Ordinance No. 1964 page 9 BEGINNING, and containing 5.87 acres of land, more or less. ]t~'~11 that certain tract or parcel of land more co ,mmonly, k,n.o~w~ ,or re~f~6ed to as the WALTMAN TRACT, which is described in a deea recoruea tn oiume Page 357 of the Official Records of Brazos County, and being more particularly' described by metes and bounds as follows: Field notes of a 9.38 acre tract or parcel of land l~ing and being situate, d in the Morgan Rector Survey, A~stra. ct No. 46, Br~zos County, Texas, and being part of the 72.19 acre tract described m the deed from A.L. Salley to McHayden Dillard and wife, Barbara Dillard as recorded in Volume 916, Page 357, of the Official Records of Brazos County, Texas, all of the 1.24 acre tract (home-site) described in the correction deed from A. L. Salley to McHayden Dillard and wife, Barbara Dillerd as recorded in Volume 915 Page 59, of the Official Records of Brazos County, Texas, part of the 1.04 acre tract (60' access) described in the deed from A.L. Sailey to McHayden Dillard and wife, Barbara Dillard as record, ed in Volume 904, Page 421, of the Official Records of Brszos County, Texas and being more particularly described as follows: COMMENCING at the 1/2" iron rod found at 8" cedar post fence comer marking the west corner of the beforementioned 72.19 acre tract, same being the north corner of the C. William Hedderman II 8.40 acre tract described in Volume 704, Page 397 of the Official Records of Brazos County, Texas; THENCE: S 36° 34' 47" E with the southwest line of the 72.19 acre tract for a distance of 394.34 feet to the PLACE OF BEGINNING. THENCE: N 44° 52' 08" E - across the 72.19 acre tract for a distance of 949.61 foet for the northmost corner of this description; THENCE: S 39° 09' 08" E, pass at 251.05 feet the north comer of the 1.24 acre tract, continue on for a total distance of 381.21 feet for the east corner of this description at the east corner of said 1.24 acre tract; THENCE: S 44° 52' 08" W along the southeast line of the beforementioned 1.24 acre tract, at a distance of 966.00 feet pass a 1/2" iron rod found marking the south corner of the said 1.24 acre tract, continue on for a total distance of 969.93 feet to a 1/2" iron rod set at the intersection of the projection of the southeast line of the said 1.24 acre tract with the projection of the nbrtheast line of the Foxfire - Phase IV according to the plat recorded in Volume 717, Page 766, of the Deed Records of Brazos County, Texas; THENCE: S 36° 48' 35" E along the projection ofthe northeast line of the Foxfire - Phase IV for a distance of 5.91 feet to a 1/2" iron rod set at the north corner of said Foxfire - Phase IV; THENCE: S 45° 21' 18" W along the northwest line of the beforementioned Foxfire - Phase IV for a distance of 688.58 feet to a 1/2 iron rod found marking the west corner of Foxfire Phase I according to the plat recorded in Volume 351, Page 435 A, of the Deed Records of Brazos County, Texas; THENCE: S 44° 14' 17" W along the northwest line of Lot 1, Block 5, Foxfire - Phase I for a distance of 56.65 feet (57.55 call) to a 1/2" iron rod found at 4" creosote Ordinance No. 1964 page 8 Thence S 44° 04' 29" W for a distance of 35.67 feet; Thence S 45° 47' 12" E for a distance of 1,331.28 feet; Thence N 44° 04' 29" E for a distance of 38.89 feet to the point of beginning and containing 1.1394 acres of land more or less. AREA6 ~ that certain tract or parce! of land more cemmon, ly known or referred to as the HENRY TRACT, which is described by deed recorded in Volume 754 Page 331 of the Official Records of Brazes County, and being more particularly described as follows: Metes and Bounds description of all that certain 5.87 acre tract or parcel of land, lying and being situated in the THOMAS CARUTHERS LEAGUE, Abstract No. 9, Brazes County, Texas, and being a portion out of that same called 76.47 acre tract conveyed.from Anna Jean Kirk, et vir, to W.C. Lipsey, Trustee, as described by deed recorded In Volume 754, Page 831 of the Official Records of Brazes County, Texas, and said 5.87 acre tract being more particularly described as follows: COMMENCING at a 1/2" iron rod found at the base of a fence post, said iron rod marking the east corner of said 76.47 acre tract, .a. nd being the intersection of the southwest line of Frost Drive and the northwest hne of Bird Pond Road, as currently fenced. THENCE: N 45° 07' 00" W - 819.49 feet with the line of Frost Drive to a 1/2" iron rod set for the PLACE OF BEGINNING. THENCE: S 44° 53' 00" W - 648.15 feet across said called 76.47 acre tract to a 1/2" iron rod set for reference monument. THENCE: S 440 53' 00" W - 50.00 feet to a point for corner in the centerline of a creek; THENCE: N 11° 02' 22" W - 89.13 feet with said creek centerline to a point for angle point. THENCE: with said creek centerline for the following calls: N 00° 03' 05" E - 212.19 feet N 24° 16' 59" W - 220.53 feet N 31° 17' 20" E - 277.57 feet THENCE: N 03° 02' 02" W - 80 84 feet with said centerline to a point for corner. THENCE: N 44° 53' 00" E - 50.00 feet to a 1/2" iron rod set for reference monument. THENCE: N 44° 53' 00" E - 45.32 feet to a 1/2" iron rod set for corner in the southwest right-of-way line of Frost Drive. A 1/2" iron rod set for corner in the north corner of said called 76.47 acre tract beers N 45° 07' 00" W - 322.95 feet. THENCE: S 45° 07' 00" E - 554.78 feet with said line to the PLACE OF Ordinance No. 1964 page 7 rod also being the most westerly corner of this tract; THENCE: N 45° 21' 21" E along said northeast line for a distance of 688.58 feet to an iron rod set for corner; THENCE: S 36° 48' 32" E parallel to and 110.00 feet southwest of the centerline of the Gulf States Utilities Company easement recorded in Volume 130, page 172 of the Deed Records for a distance of 3439.77 feet to an iron rod set for corner; THENCE: along the centerline of a gully for the following calls: S 66° 04' 25" W for a distance of 163.84 feet; S 30° 55' 40" W for a distance of 80.03 feet; S 31° 45' 22" W for a distance of 61.67 feet S 03° 22' 56" W for a distance of 106.13 feet; S 40° 18' 05" W for a distance of 413.65 feet to an iron rod set in the northeast line of a 40' wide roadway described in Volume 188, Page 450 of the Deed Records; THENCE: N 45° 55' 31" W along said roadway for a distance of 1331.28 feet to a 1/2 inch iron rod found at a fence corner for cernor; THENCE: N 45° 20' 12" E along the southeast line of FOXFIRE Phase III as recorded in Volume 477, Page 783 for a distance of 607.21 feet to an iron rod found at a fence corner; THENCE: N 45° 03' 16" W along the northeast line of said FOXFIRE Phase III for a distance of 880.90 feet to an iron rod found for corner, said iron red also being at the most southerly corner of a 1.00 acre Cynthia Ruth Jackson tract as described in Volume 424, Page 133 of the Deed Records; THENCE: N 44° 44' 47" E along the southeast line of said Jackson tract for a distance of 229.30 feet to an iron red for corner; THENCE: N 45° 03' 16" W for a distance of 190.00 feet to an iron rod at the most northerly corner of the said Jackson tract; THENCE: S 44° 44' 47" W along the northwest line of the Jackson tract for a distance of 229.30 feet to the POINT OF BEGINNING and containing 49.099 acres of land, more or less, according to a survey made under the supervision of Michael R. McClure, Registered Public Surveyor No. 2859, in February, 1984, as recorded on a plat filed in Volume 717 Page 765 of the Deed Records of Brazos County. AREA5 ]~']-ng part of a parcel of land more commonly referred to as Frost Drive, and abutting the portion of the right-of-way of the same street, which is included in Foxfire Phase IV subdivision, and more particularly described by metes and bounds as follows: Beginning at the most southerly corner of Lot 5, Block 15, Fox~re Phase IV, located in the Thomas Caruther League A-9, Brazos County, Texas; Thence S 40° 18' 05" W for a distance of 21.11 feet to the point of beginning; Thence N 45° 55' 31" W for a distance of 1,331.28 feet; Ordinance No. 1964 page 6 THENCE N 34° 35' 41" W a distance of 166.14 feet; THENCE N 14° 02' 14" E a distance of 205.03 feet; THENCE S 79° 56' 54" E a distance of 118.09 feet to a point on the southwest right- of-way line of Frost Drive. THENCE N 44° 48' 14" E a distance of 60.00 feet (crossing Frost Drive) to a point on the northeast right-of-way line of Frost Drive. THENCE N 66° 18' 27" E a distance of 109.75 feet; THENCE N 07° 19' 11" E a distance of 218.71 feet; THENCE N 48° 05' 38" E a distance of 161.07 feet to the POINT OF BEGINNING ~rrod .co_.ntaining 22.59 acres of land, .m. ore or less [21.5 acres plus the right-of-way of st orive], taken from a plat filed in Volume 477 Page 783 of the Deed Records of Brazes County. AREA4 ~ that certain tract or parcel of land more commonly known or referred to as FOXFIRE PHASE IV SUBDIVISION, which is described on a plat filed in Volume 717 Page 765 of the Deed Records of Brazes County, and being more particularly described by metes and bounds as follows: Being all that certain tract or parcel of land, lying and being situated in the THOMAS CARUTHERS LEAGUE, in Brazes County, Texas, and being all of that 49.099 acre tract of land conveyed to FOXFIRE Limited #1 by John F. Higa'ins, et al by deed recorded in Volume 580, Page 244 of the Deed Records of Brazes ~-~unty, Texas, and being more particularly described by metes and bounds as follows: BEGINNING: at an iron rod found marking the most northerly corner of Lot 2, Block Four of FOXFIRE Phase I as recorded in Volume 351, Page 435 of the Deed Records, said iron rod also being in the southeast right-of-way line of Faulkner Drive; THENCE: N 45° 03' 16" W across said Faulkner Drive for a distance of 100.00 feet to an iron rod found at the most easterly co. rner of Lot 5, Block Five of said FOXFIRE Phase I, said iron rod also marktng tho most southerly corner of the John Chylinski 1.00 acre tract as recorded in Volume 475, Page 473 of the Deed Records; THENCE: N 44° 44' 47" E along the said Chylinski tract and another 1.00 acre tract conveyed to John Chylinski as recorded in Volume 475, Page 477 for a distance of 396.50 Feet to an iron rod for corner; THENCE: N 45° 03' 16" W for a distance of 219.73 feet to an iron rod at the most northerly corner of the said Chylinski tract (Volume 475, Page 477); THENCE: S 44° 44' 47" W for a distance of 396.50 feet to an iron rod at the most westerly corner of the aforesaid Chylinski tract (Volume 475, Page 473); THENCE: N 45° 03' 16" W along the northeast line of the said FOXFIRE Phase I for a distance of 769.85 feet to an iron rod set at a fence corner for corner, said iron Ordinance No. 19 6 4 page 5 Continuing along a curve to the left with a central angle of 45° 00' 42", a radius of 300.00 feet and a tangent of 124.30 feet; THENCE N 44° 50' 01" E a distance of 567.70 feet to a corner; THENCE S 45° 05' 20" E a distance of 2244.58 feet to a corner; THENCE S 43° 18' 28" W a distance of 1142.54 feet to a corner; THENCE N 45° 00' 14" W a distance of 2274.24 feet to a corner; THENCE S 44° 56' 17" W a distance of 998.94 feet to a corner; THENCE N 44° 58' 08" W a distance of 2413.92 feet to a point within the right-of- way of Sebeeta Road; THENCE N 45° 03' 27" E a distance of 505.56 feet to the POINT OF BEGINNING and containing 94.25 acres, more or less, taken from a plat filed in Volume 358 Page 291 of the Deed Records of Brazes County. AREA3 ~ that certain tract or parcel of land mere commonly known or referred to as FOXFIRE PHASE III SUBDIVISION, which is described on a plat filed in Volume 477 Page 783 of the Deed Records of Brazes County, and being more particularly described by metes and bounds as follows: BEGINNING at a point at the most n.ortheasterly corner of Block 4 Lot 2 Foxflre Phase I, THENCE S 45° 03' 16" E a d,stance of 858.52 feet to a corner; THENCE S 45° 13' 39" W a distance of 582.88 feet to a point on the northeast right- of-way line of Frost Drive; THENCE S 44° 01' 29" W 60.00 feet to a point in the southwest right-of-way line of Frost Drive; THENCE S 45° 58' 31" E 59.23 feet along the southwest right-of-way line of Frost Drive to a corner; THENCE from a point on the southwest right-of-way line of Frost Drive S 43° 18' 28" W a distance of 779.11 feet to a corner; THENCE N 45° 05' 20" W a distance of 644.12 feet to a corner; THENCE N 85° 30' 55" E a distance of 118.13 feet; THENCE N 59° 01' 05" E a distance of 125.87 feet; THENCE N 80° 46' 20" E a distance of 137.20 feet; THENCE N 34° 45' 40" E a distance of 94.60 feet; THENCE N 09° 22' 35" W a distance of 191.05 feet; THENCE N 21° 41' 24" E a distance of 134.54 feet; Ordinance No. 1964 page 4 THENCE S 09° 22' 35" E - 191.05 feet; THENCE S 34° 45' 40" W - 94.60 feet; THENCE S 80° 46' 20" W - 137.20 feet; THENCE S 59° 01' 05" W - 125.87 feet; THENCE S85°30'55~ - 118.13 feet for a comer; THENCE N 45° 05' 20" W - 1600.46 feet to a point in the center of Foxfire Drive; THENCE along the centerline of Foxfire Drive S 44° 50' 01" W for 567.70 feet; THENCE along a curve to the right with a central angle of 45° Off 42", a radius of 300 feet and a tangent of 124.30 feet; THENCE continuing along the centerline of Foxfire Drive S 89° 50' 43" W 252.85 feet; THENCE along a curve to the left with a central angle 45° Off 42", radius 401.17 feet and tangent 166.21 feet; THENCE S 44° 50' 01" W a distance of 85.00 feet; THENCE along a curve to the right with central angle 90° 06' 58" with a radius of 299.96 feet and tangent of 300.57 feet; THENCE continuing along the centerline of Foxfire Drive N 45° 03'. 01" W a distance of 1728.11 feet to the POINT OF BEGINNING and contaimng 108.02 acres, more or less, taken from a plat filed in Volume 351 Page 435 of the Deed Records of Brazos County. AREA2 ~ that certain tract or parcel of land more commonly known or referred to as FOXFIRE PHASE 2 SUBDIVISION, which is described on a plat filed in Volume 358 P. age 291 of the Deed Records of Brazos County, and being more particularly described by metes and bounds as follows: BEGINNING at a point in the intersection of Sebesta Road and Fox/we Drive, THENCE along the centerline of Foxfire Drive S 45° 03' 01" E a distance of 1728.11 feet; Continuing along the centerline of Foxfire Drive along a curve to the left with central an-le of 90° 06' 58" a radius of 299 96 feet and a tangent of 300 57 feet; THENCE N 44° 50' 01" E a distance of 85.00 feet; THENCE along a curve to the right with a central angle of 45° Off 42" with a radius of 401.17 feet and a tangent of 166.21 feet; THENCE N 89° 50' 43" E a distance of 252.85 feet; Ordinance No. 1964 page 3 EXHIBIT A DESCRIPTION OF ANNEXED AREAS AREA 1 Being ali that certain tract or parcel of land more commonly known or referred to as FOXFIRE PHASE I SUBDIVISION, which is described on a plat flied in Volume 351 Page 435 of the Deed Records of Brazes County, and being more particularly described by metes and bounds as follows: BEGINNING at a point in the intersection of Sebeeta Road and Foxf~re Drive, thence along Sebesta Road N 45° Off 52" E for 561.36 feet to a point for corner; THENCE S 44° 38' 35" E for 1643.10 feet to a point for corner; THENCE N 45° 03' 20" E for 1524.22 feet; THENCE S 84° 15' 29" E for 186.15 feet; THENCE N 87° 44' 56" E for 256.51 feet to a point in the center of F~Jire Drive; THENCE N 57° 14' 13" E for 235.83 feet; THENCE N 59° 25' 23" E for 146.11 feet; THENCE S 66° 20' 80" E for 335.07 feet to a point on the northwest right-of-way line of Freneau Drive; THENCE along the north right-of-way line of Freneau N 40° 36' 41" E for a distance of 120.00 feet; THENCE S 45° 14' 33" E for 60.00 feet to a point in the southeast right-of-way line of Freneau Drive; THENCE N 44° 45' 27" E ['or 57.55 feet; THENCE S 45° 03' 16" E for 1301.33 feet to a point for corner; THENCE S 48° 05' 38" W for 161.06 feet; THENCE S 07° 19' 11" W for 218.71 feet; THENCE S 66° 18' 27" W for 109.75 feet to a point on the northeast right-of-way line of Frost Drive; THENCE S 44° 48' 14" W for 60.00 feet across Frost Drive to a point on the southwest right-of-way line of Frost Drive; THENCE N 79° 56' 54" W - 118.09 feet; THENCE S 14° 02' 13" W - 205.03 feet; THENCE S 34° 35' 41" E - 166.14 [bet; THENCE S 21° 41' 24" W - 134.54 feet; Ordinance No. 1964 page 2