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HomeMy WebLinkAbout11-20-2006-13.06 - Resolution - 11/20/2006 RESOLUTION DETERMINING NEED RESOLUTION NO. 11-20-2006-13 .06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, RELATING TO: (1) THE AUTHORITY OF THE CITY TO INITIATE, COMPLETE, AND ACQUIRE, BY PURCHASE OR CONDEMNATION, EXCLUSIVE PERMANENT PUBLIC ACCESS EASEMENTS IN CERTAIN PROPERTY FOR THE COLLEGE MAIN SIDEWALKS PROJECT; (2) A DECLARATION THAT PUBLIC NECESSITY EXISTS FOR THE CITY TO ACQUIRE SUCH EASEMENTS, THROUGH PURCHASE OR CONDEMNATION; AND (3) ESTABLISHING PROCEDURES FOR THE ACQUISITION OF THE EASEMENT INTERESTS IN THE PROPERTY. WHEREAS, the City of College Station, Texas ("City") is a home rule municipality duly incorporated and chartered under the Constitution and laws of Texas; and WHEREAS, the City owns, operates, constructs, repairs and maintains a city roadway system as a public service; and WHEREAS, the City's ownership, operation, construction, repair, and maintenance of the city roadway system is a benefit to the public; and WHEREAS, the City, through a condemnation proceeding, may exercise the power of eminent domain to acquire property in order to carry out the ownership, operation, construction, repair, and maintenance of its street system pursuant to Chapter 251 of the Texas Local Government Code, Chapter 21 of the Texas Property Code, and Article II of the City's Charter; and WHEREAS, the City is engaged in the following project regarding improvements to College Main Street including the construction of sidewalks on the east and west side of College Main between Cross Street and Cherry Street in College Station, Texas (the "Project"); and WHEREAS, the City determines that the best interests and needs of the public, including the health, safety and welfare of the public, require that the City improve College Main through the City's acquisition, by purchase or condemnation proceeding, of those easements for public access, as provided in Exhibits 1 through 8 attached hereto and incorporated herein by reference for all purposes (the "Easements"); now, therefore; BE IT RESOLVED by the City Council of the City of College Station, Texas: P ART I: That the City Council of the City of College Station, Texas, hereby officially determines that there is a public necessity for the Easements, and the public welfare and convenience will be served by the acquisition of the Easements to improve pedestrian safety and mobility in the Northgate area of the City. PART 2: That the City Manager is hereby authorized to contract, on behalf of the City of College Station, with a professional appraiser for the appraisal services, with a professional real estate agent to act as a Land Agent for the City and with attorneys for preparation of title opinions needed by the City from time to time in connection with acquisition of the Easements. ORDINANCE NO. 11-20-2006-13.06 Page 2 PART 3: That the City's Land Agent or other staff appraiser is hereby authorized and directed to examine the independent appraisal reports as they are submitted to the City to determine whether said appraisal reports are supported by sufficient data. Based upon such examination of said appraisal reports, the Land Agent or other staff appraiser shall make a recommendation to the City Manager as to the establishment and approval of the amount of the just compensation for the Easements. PART 4: After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of the Easements. PART 5: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the Easements, the City's Land Agent or other staff appraiser is authorized to communicate a written offer to the property owners for the acquisition of an easement interest at the full amount determined and established to be just compensation therefor and to negotiate with said owners on behalf of the City. PART 6: That the Mayor after approval by City Council, or the City Manager as delegated, is hereby authorized to execute all documents necessary to acquire the said Easements for the Project, on behalf of the City of College Station. PART 7: That, if necessary, and should a property owner fail to accept a bona fide, good faith offer from the City to purchase the required Easement, City representatives shall have the authority to initiate and complete condenmation proceedings against said owner, in order to acquire through condemnation all required property interests and title regarding such property. PART 8: That the City Manager be and is hereby authorized to sell any such surplus improvements, or order the demolition thereof, if any, located on the real property acquired in connection with this Project. PART 9: That this resolution shall take effect immediately from and after its passage. ADOPTED this 20th day of November, A.D. 2006. ~p~ AP~ BEN WHITE, Mayor Pro Tern ATTEST: CONNIE HOOKS, City Secretary APPROVED: 1.,'~~j,i~1 City Attorney ~ ~t ~~ .... ~ ~ ~ li:i ~~ (jU ~~~ "- ....U ... c;:>"':::: " ~-Q~ I:)~~ l ~l~ ~H! Gll, "8 ..;;J~~ , , (MO!I ,or) 3nN3tlY 3Slf107 GO ...------- /- ,'// i!~ ltd ~ ::; ~f~ ------------ Oll' ';s ~ I. '('~'7S[J ~ ~ I~I~ I -'... """~ !:.~ I~ . ~~ ''''... s ~ l!> ~ ~ ~~ lfl :~I ..,~~ I~I 31~~ fi----------- /; i I !:~ \l I I I .~{ h I ~ ~ .W "'g I I ,~ ,---___---1 -- I I U I .. I .~" : ~f~ II ,,~~ 3i~ : I fi------------. : I ! I .a !II I ~ ~ ~t~~ ~ Ji~~~ '" ~ 1 ~I i ~ ~ ~~~~ t. ~ ~I t::: ~ " I~ ~ i s.~ ~ ~ ~ ~ ~ ~ ~ I.l . ~ " ~ ~ f' ~~ ~ ~~. ~ ~ ~ .Q ~ .... ~~~~ ~ .I~ jl ~,~ sll ;: ~~ ~ ~O~ 13 !!! ~ ~~ o~ ~11 . ill; ~ ~ "<: ~o \.i' ~ ~I ~ ~ ~j i i~. ~ i€! W rs ~ iii ~ "~. Iij ~&" ~ ., . iji h~ ~ llJ III I ~~~~ roe 1 8R' ~~ i~UI ~~ (J~:Z:"" Ilj ~~ Page 2 of2 FIELD NOTES 5' WIDE PUBUC ACCESS EASEMENT LOT 10, BLOCK 5 0.0017 ACRES Being all that certain tract or parcel of land lying and being situated in the JOSEPH E. SCOTT SURVEY, Abstract No. 50 in College Station, Brazos County, Texas and being a part of Lot 10, Block 5 of the W.C. BOYETT ESTATE Partition as recorded in Volume 100, Page 440 of the Brazos County Deed Records (B.C.D.R.), said lot also being the same land conveyed to Marjorie N. Pitner recorded in Volume 240, Page 43 (B.C.D.R.) and being more particularly described by metes and bounds as follows: BEGINNING: at a found 1/2-inch iron rod marking the common most northerly comer of Lot 9 and 10, Block 5 of said W.C. BOYETT ESTATE Partition, said iron rod also marking the Point of Curvature of a curve at the intersection of the southwest right-of- way line of College Main (usual width is 50') and the northwest right-of-way line of Louise Avenue (usual width is 40'), from whence a found I/2-inch iron rod marking the common most northerly comer of Lot 8 and 9, Block 5 of said W.C. BOYETT ESTATE Partition bears N 44' 14' 23" W at a distance of 49.95 feet for reference; THENCE: 23.33 feet in a clockwise direction along the arc of said curve having a central angle of 24' 57' 02", a radius of 53.57 feet, a tangent of 11.85 feet and a long chord bearing S 31' 45' 52" E at a distance of23.15 feet to a wood stake set for comer; THENCE: N 44' 14' 23" W through said Lot 10 for a distance of 22.25 feet to a wood stake set for comer in the common line of said Lots 9 and 10, Block 5, W.C, BOYETT ESTATE Partition, from whence the City of College Station Horizontal Control Monument No. 110 bears S 59' 02' 14" W at a distance of 1154.73 feet for reference; THENCE: N 41' 44' 37" E for a distance of 5.01 feet to the POINT OF BEGINNING and containing 0.0017 acres (75.2 square feet) ofland, more or less. I, Kevin R. McClure, Registered Professional Land Surveyor No. 5650 in the State of Texas do certifY that this survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category 1B, Condition II Survey. ~8 Kevin R. McClure, R.P.L.S. #5650 "1: ~" !: ",31 ~~ "';! ~8"' "C"C" ~(;)t ~"'''' . ~ ~~~ ;:: ij c:s((~ "I~ [l IJ~ ~ ~ \ "'J~ ~ ;t ~ ~ ~ ~ . ;...~t :..~ Ai<> ~ \i ------ ~ ""',,~...s - ~~ :; I ~l 'f'- . ~ I' " 1,~ l!' , l-~ <.\ "l~ I I II: of .. ~t~ I : -----~ I' . I ! ~ ~ II , --.H!------~ ~1~ I : ], I - I' ~ , II ------~ I, I' I! II L1 -------- I "~i li~ .,~- ~ ~~~ I , , ~! i ~: i~~ ..jll ~ ~ ~ (MOll ,1>>) 7 3nN3ll't 3Sff1O -' /~ , , / ~~~ / J~~ 1 :,g I ~r I I __' II _--- IT-- I I f I ~ ~~ II !,'~ I I _}~~ 1 -3r~... II 4----- II .~;; : .~ ~ II ..Ii I I ~!~ I 11__-------- :j I .~~ , I i1~ , "i~ II ~i~ : I w --- I 1-- : I ~~~ II !f~ I o_ie ' I "1 ~------T- II : I !ll .a !Ii I ~ ~ ~ 'II I ~ ~ i II ~ ~ . Sli~ ~I~ 'Q ~ ~U Ii" = ~~~ i~~~ l ~ (!)D 81::: ~ {I i!i ~ ~i ~ ~ I ~ i G ~ /l ~oo ~ ' . won ~Q w. ~~i1 ~GG z~ ~~~ i~ 811 !L hl~ !iii iM !~~~ ~~~i~~ tfh~i !Ulzw . ~ " ~ ~ ~ ~ I ~ ~ . ~ '<: ~' ~ :s: ~ ~ ~ ~ ~ ~ ~ ~ ~ III r\l ~~ ~::s I~ ~~ Page 2 of2 FIELD NOTES 5' WIDE PUBLIC ACCESS EASEMENT LOT 4, BLOCK 4 0.0058 ACRES Being all that certain tract or parcel of land lying and being situated in the JOSEPH E. SCOTT SURVEY, Abstract No. 50 in College Station, Brazos County, Texas and being a part of Lot 4, Block 4 of the W.C. BOYETT ESTATE Partition as recorded in Volume 100, Page 440 of the Brazos County Deed Records (B.C.D.R.), said lot also being the same land conveyed to Daniel Westerheim recorded in Volume 4614, Page 179 of the Official Records of Brazos County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows: BEGINNING: at a found 1/2-inch iron rod marking the common most southerly comer of Lots 4 and 5, Block 4 of said W.C. BOYETT ESTATE Partition and being in the northeast right-of-way line of College Main (based on a 50' width), from whence the City of College Station Horizontal Control Monumeut No. 110 bears S 58" 27' 40" W at a distance of 1208.44 feet for reference; THENCE: N 42' 12' 40" E along the common lot line of said lots for a distance of 5.01 feet to a wood stake set for comer; THENCE: S 44' 14' 23" E parallel to and 5 foot northeast of said College Main right-of- way. through said Lot 4 for a distance of 50.11 feet to a wood stake set for comer in the common lot line of Lots 3 and 4, Block 4 of said W.C. BOYETT ESTATE Partition; THENCE: S 42' 12' 22" W along said common lot line for a distance of 5.01 feet to a found 1/2-inch iron rod marking the common comer of said Lots 3 and 4. Block 4 of said W.C. BOYETT ESTATE Partitiou, said iron rod also being in the beforesaid College Main Right-of-way line; THENCE: N 44' 14' 23" W along the said right-of-way line for a distance of 50.11 feet to the POINT OF BEG1NNING and containing 0.0058 acres (250.5 square feet) of land, more or less. I, Kevin R. McClure, Registered Professional Land Surveyor No. 5650 in the State of Texas do certify that this survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category IB, Condition 11 Survey. Kevin R. McClure, R.P.L.S. #5650 I I I I I ~..... I "'Iii ---------r ~ ~ //--- in I i ~ ~ ,/' i~~ \ il~ ,: ~~ ~ 1 ~i~ - \, ____--~ I ~..g! : , ~ " ~~ ;.. ;.. c:s~! ~I --------. \~ "l~ ~ ~ ' <j a;o: ~ ~ i I ib~ .. '<Scs~ J;: J;: , I ~,iI~ :lit~ " ;!: .l~~ '" ~ ~ i I ~~,,~ ~l'tOH/~ I ------- I' "i61J -~~~ IH---------- ..... I ~s "'I ~.r I I ~ " i I : ~ I i I i~~ ir II : I ill __.l t___--JJ II ~I~ T! f1--------- -, I I' ~~ I I, ~~~ ~ I if' ~ I : i I iJ~ II I I , I ---------t: H--------- I! : , i~! Ii! I if! I : i I II u-------I-- _--------LJ II I ' I : I I (MOIl .at) 3nN:JA'I' 3SIf/07 Iri~$' 111, ~.!,. .. ~ ~j" 1 I~ ~ ~ I~ ~ ~ t .t ~~ ~ ;i! !I~~ ~ ~ ~: i~l~ ~ ~ ~~llf~ ~ &~~~ ~ ~! ~ /i ~;;;; ~dd ~ w~ ~8' ~\O~ lIJ~~ Z~ ~:>~ id !Ji hL ~d! . . < ~hi il~1 l~ .~~ !g -- dN~ tiu~1 Ud;w . l:l " ~ !Ii l C:j 1 I ~ " . ~ '" ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ltj :"0 ~~ 8:5 ~~ ~~ Page 2 of2 FIELD NOTES 5' WIDE PUBLIC ACCESS EASEMENT LOT 5, BLOCK 4 0.0058 ACRES Being all that certain tract or parcel of laod lying aod being situated in the JOSEPH E. SCOTT SURVEY, Abstract No. 50 in College Station, Brazos County, Texas aod being a part of Lot 5, Block 4 of the W.C. BOYETT ESTATE Partition as recorded in Volume 100, Page 440 of the Brazos County Deed Records (B.C.D.R.), said lot alao being the same laod conveyed to William Boyett Jr., Trustee of Big Dog Trust recorded in Volume 6152, Page 262 of the Official Records of Brazos County, Texas (O.R.B.C.) aod being more particularly described by metes aod bounds as follows: BEGINNING: at a found 1/2-inch iron rod marking the common most southerly comer of Lots 5 aod 6, Block 4 of said W.C. BOYETT ESTATE Partition aod being ;n the northeast right-of-way line of College Main (based on a 50' width), from whence the City of College Station Horizontal Control Monument No. 11 0 bears S 56' 07' 24" W at a distance of 1198.42 feet for reference; THENCE: N 42' 13' 00" E along the common lot line of said lots for a distance of 5.01 feet to a wood stake set for comer; THENCE: S 44' 14' 23" E parallel to aod 5 foot northeast of said College Main right-of- way, through said Lot 5 for a distaoce of 50.11 feet to a wood stake set for comer in the common lot line of Lots 4 aod 5, Block 4 of said W.C. BOYETT ESTATE Partition; THENCE: S 42' 12' 40" W along said common lot line for a distance of 5.01 feet to a found 1/2" iron rod marking the common corner of said Lots 4 and 5, Block 4 and being in the beforesaid College Main Right-of-way line; THENCE: N 44' 14' 23" W along the said right-of-way line for a distance of 50.11 feet to the POINT OF BEG1NN1NG aod containing 0.0058 acres (250.5 square feet) of laod, more or less. 1, Kevin R. McClure, Registered Professional Laod Surveyor No. 5650 in the State of Texas do certify that this survey substantially complies with the current Texas Society of Professional Surveyors Standards aod Specifications for a Category lB, Condition 11 Survey. Kevin R. McClure, R.P.L.S. #5650 ~l! I I ~ ~ 4--, --- 'i.)~ I ~'> ~ li'i, i~~ e ~ 'II ;I{ u l:l Oi' I _ "l:"l: I.. 'l'l It ' .... .......~ Ie) ":(5 . I:>;:j!lj ~Q: ~ .., ~ ~ :!l .l!~ ~~ III III :io:_ u& I --.I'" ___ .w , " '" it__ J~ i~ !:a h ~ ~~ i~~~ to ~l ,. ~ i \, .. ;Il is ~ r- ., i:;i:;p; ~~ <of \0: I~ iH~ :!l ---\1- ;;.... & ~~z ----- I ~ ~- ~~~~ - ..; ~~ I 110 , ,.(~ I ~o ~ ~ I III ~ I ~u I , .., ~.l!f u '" ~ I . I ~J~ I N it I ;t !:a ~ <ofJ~ ;t :!l ~ , ., , ~ I '" !b.....~ ~~lt . 3b u 'l'll)t:: li'i't ~ !I> e;! u~ "l:"l: I:>u ......~ ---Q I:>~ ~.... h~ SlH~ ilim SSg! !a .a ;1 I ~~ i illi, ~ li~1 ~ ~ :I~i", ~ ! ~~li!~ Q: I;: a~!: I ,1l.<E~ !l ~ ~ . ~ " ~ ~ Ill' ~ c::i 1 ~ ~ ~ " . ~ ~ IS ~ ~ ~ d ,.. ~. i j8 II! ~~~ w I~~ ~ iil ~ .......1 h. ~fi~ ~ · &~ :t ll~ !:i iH ~ - > oe 11!1~~ ! !!l 5~~; ~ ~ f~h~ ~I:! .I~hw ~ Il 8~ '" 00D - - '" ~ 1lUCl"~0'l OIL*l~M."O.K.rtS I ,\::~" .-L-- _ --- '---- E1J" y~ CHER(:o. F<fJfI. /~ i Page 2 00 FIELD NOTES 5' WIDE PUBLIC ACCESS EASEMENT LOT 6, BLOCK 21 0.0110 ACRES Being all that certain tract or parcel of land lying and being situated in the JOSEPH E. SCOTT SURVEY, Abstract No. 50 in College Station, Brazos County, Texas and being a part of Lot 6, Block 21 of the W.C. BOYETT ESTATE Partition as recorded in Volume 100, Page 440 of the Brazos County Deed Records (B.C.D.R.), said lot also being the same land conveyed to Nelson Rentals Inc. recorded in Volume 3527, Page 44 of the Official Records of Brazos County, Texas (O.R.8.C.) and being more particularly described by metes and bounds as follows: BEGINNING: at a found li2-inch iron rod marking the common comer of said Lot 6, Block 21 and Lot 6, Block 5 of said W.C. BOYETT ESTATE Partition and being in the southwest right-of-way line of College Main (based on a 50' width); THENCE: S 41" 44' 37" W along tbe common lot line of said lots for a distance of 5.01 feet to a wood stake set for corner; THENCE: N 44' 14' 23" W parallel to and 5 foot southwest of said College Main right- of-way, through said Lot 6, Block 21 for a distance of 101.89 feet to a wood stake set for comer in the northwest margin of Cherry Street (width varies at this location), from whence the City of College Station Horizontal Control Monument No, 110 bears S 43' 54' 04" Wat a distance of 1124.46 feet for reference; THENCE: 20.24 feet in a clockwise direction along the arc of a curve in said Cherry Street right-of-way, said curve having a central angle of 28' 59' 58", a radius of 39,99 feet, a tangent of 10.34 feet and a long chord bearing S 58' 41' 52" E at a distance of 20.03 feet to a li2-inch iron rod set for the Point of Tangency in the beforementioned southwest line of College Main; THENCE: S 44' 14' 23" E for a distance of 82.15 feet to the POINT OF BEGINNING and containing 0.0110 acres (477.2 square feet) ofland, more or less. I, Kevin R. McClure, Registered Professional Land Surveyor No. 5650 in the State of Texas do certifY that this survey substantially complies with the current Texas Society of Professional Surveyors Standsrds and Specifications for a Category I B, Condition 11 Survey. Kevin R. McClure, R.P.L.S. #5650 Page 3 of3 FIELD NOTES 5' WIDE PUBLIC ACCESS EASEMENT LOTS 6 and 7, BLOCK 5 0.0115 ACRES Being all that certain tract or parcel of land lying and being situated in the JOSEPH E. SCOTT SURVEY, Abstract No. 50 in College Station, Brazos Conoty, Texas and being a part of Lots 6 and 7, Block 5 of the W.C. BOYETT ESTATE Partition as recorded in Volume 100, Page 440 of the Brazos Conoty Deed Records (B.C.D.R.), said lot also being the same land conveyed to Nelson Rentals Inc. recorded in Volume 3527,"Page 42 of the Official Records of Brazos Conoty, Texas (O.R.B.C.) and being more particularly described by metes and bonods as follows: BEGINNING: at a fonod 1/2-inch iron rod marking the common comer of said Lot 6, Block 5 and Lot 6, Block 21 of said W.C. BOYETT ESTATE Partition and being in the southwest right-of-way line of College Main (based on a 50' width); THENCE: S 44' 14' 23" E along said right-of-way line for a distance of 99.89 feet to a found 112.inch iron rod marking the CODUDon most northerly comer of Lots 7 and 8, Block 5 of said W.C. BOYETT ESTATE Partition; THENCE: S 41' 44' 37" W along the common lot line of said lots for a distance of 5.01 feet to a wood stake set for comer; THENCE: N ,44' 14' 23" W parallel to and 5 foot southwest of said College Main right- of-way, through said Lots 6 and 7, Block 5 for a distance of 99.89 feet to a wood stake set for comer in the common line of said Lot 6, Block 5 and Lot 6, Block 21, W.C. BOYETT ESTATE Partition; THENCE: N 41' 44' 37" E for a distance of 5.01 feet to the POINT OF BEGINNING and containing 0.0115 acres (499.5 square feet) ofland, more or less. I, Kevin R. McClure, Registered Professional Land Surveyor No. 5650 in the State of Texas do certify that this survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category 1 B, Condition II Survey. I I I I I I --------~ /--- 'l~ I: / Ii: I I " ';!~ ~5 I 1~' ~~"- I I ,,~~ II : I it"- ---------!.-j h-------- II I I il~ I : I' I ;t~~ .,~~. I ~! . ~<tl1 I : I "'l~ ~ I : II ~I,,-~ ----------H 4-------- II' ! I ~~" I ~i' I I l~~ ~ I: ~~ I ~f! i.,,' I ~ ~ : I ~ "- --.:n------~ H--------- j I I I I ~~, ~ I : iJ~ \ ~ I : I I ~I ~ ~II ,..o",...~"'" : I \~ _----- . . t9~1 . "n~~ U. ------' _ a:. . ,_.ISS 11-- ~ 10 ~ I \~ ..~~ ~ II i I ii~ ~ tfo::- ~ Ill.... --. ,I ,)~ .. ill .. '" ~ ~ I i~ os II ~ f.l ~ ~ ; I ~~"- ~ ~ ; ~ . III I l<) f!l; i I '" '" ~ ~~ i-L------T --------- I llll:l II I ::; ~.~ l3~ I I ' ~~~ff : ~i ~~ i I I ~If~ lS j ~.. ~ ~lJ.. ~~ ~ (p,or) 3nN3AY 3Sff/07 .a ~ I ~ ~. il~! , ~ 1~~1 ~ ~. ~ ~~~ l ~ ~~~: i l!.~ l.ii ~ ~ ~ i G ~ . ~ ~ ~ gr, ~ 1 I ~ " . ~ ~ IS' ~ ~ ~ ~. ~ ~ ~ ~ ~ ~ ~ III f'll .~ ~::s ~\:l ~~ t ~ ~Sl;!~ H "1 >. , , GlD /i i;," .dd ~ ~. ~2~ ~. :" -" ~- -~ .. Z~ ~:i!j i~~ '2",8 in ~G~-i !11~ ~~G'i.E HI .~8. ll~;: ~2~~~~ ~~!zo . h!l~1 ~Ulzw Page 2 of2 FIELD NOTES 5' WIDE PUBLIC ACCESS EASEMENT LOT 8, BLOCK 4 0.0067 ACRES Being all that certain tract or parcel of land lying and being situated in the JOSEPH E. SCOTT SURVEY, Abstract No. 50 in College Station, Brazos C01lllty, Texas and being a part of Lot 8, Block 4 of the W.C. BOYETT ESTATE Partition as recorded in Volnme 100, Page 440 of the Brazos C01lllty Deed Records (B.C.D.R.), said lot also being the same land conveyed to Redekor, LLC recorded in Volnme 7105, Page 130 of the Official Records of Brazos C01lllty, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows: BEGINNING: at a found 1I2-inch iron rod marking the common most southerly corner of Lot I, Block 22 and Lot 8, Block 4 of said W.C. BOYETT ESTATE Partition and being in the northeast right-of-way line of College Main (based on a 50' width); THENCE: N 41' 51' 10" E along the common lot line of said lots for a distance of 5,01 feet to a wood stake set for comer; THENCE: S 44' 14' 23" E parallel to and 5 foot northeast of said College Main right-of- way, through said Lot 8 for a distance of 58,61 feet to a wood stake set for corner in the common lot line of Lots 7 and 8, Block 4 of said W.C, BOYETT ESTATE Partition; THENCE: S 42' 13' 42" W along said common lot line for a distance of 5,01 feet to a found 1/2-inch iron rod for comer marking the common comer of said Lots 7 and 8, Block 4 and being in the beforesaid College Main Right-of-way line, from whence the City of College Station Horizontal Control Monnment No. 110 bears S 51' 20' 58" W at a distance of 1184.50 feet for reference; THENCE: N 44' 14' 23" W along the said right-of-way line for a distance of58.57 feetto the POINT OF BEGINNING and containing 0.0067 acres (293,0 square feet) of land, more or less. 1, Kevin R. McClure, Registered Professional Land Surveyor No. 5650 in the State of Texas do certifY that this survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category lB. Condition II Survey. ~ (? (a- ,o/z4rx- Kevin R. McClure, R,P.L.S. #5650 (,WJiJ .t>>) 3nN3llY 3Sf/I07 ...------- /- , /' -, " i~~ ~.. /1 a~ ~ I H------------- ~ ~ i I ih~ ~ lI! I I ",'il~ ~ (;) ~ I ~I~~ ~~ t II::; '\ <:::::i~'" I ~ c::l-g ~ ------ '{ ---- <:ill: "'- i.l i.l \0: ~ ~ "',,-;::' \~ ~ ~ ~t~ ~<!. ~ ~ id 10 '" '>: ~I ------------ 'Cl,r I ~ .ge~~t - AI ~'i I I -~~ '''.,...". cl:<il I I ~f~ ! I il~ M------------- : I ! I 11: if ~~ "5 ~Q~~ H sJ , , 0" i"" "~~ ~o ow il!;\; ~H m-- ., mZ /~ w ~::.~ .IJ ~ I~ ~ ; i~~1 ~ ;.. EI~~ ~ ~. ~~~~ l~. I~~~ ~.. ~~ ~ ,'! ~ ~ i.. ~ ~. \;j . ~ ~ ~ lIj !li', ~. C:j 1 I ~ :~ .J It ~€! ~os ~j) ]:i '"0 "F ., . i1~ ~~l jlj ll~~i~ ~I~I J~~~LoJ . ~ ~ ~. ~ ~ ~ i ~ ~ ~ ~ ~ ~ III ~'O ~~ ~:s ~l:j ~~ Page 2 of2 FIELD NOTES 5' WIDE PUBUC ACCESS EASEMENT LOT 8, BLOCK 5 0.0057 ACRES Being all that certain tract or parcel of land lying and being situated in the JOSEPH E. SCOTT SURVEY, Abstract No. 50 in College Station, Brazos County, Texas and being a part of Lot 8, Block 5 of the W.C. BOYETT ESTATE Partition as recorded in Volume 100, Page 440 of the Brazos County Deed Records (B.C.D.R.), said lot also being the sarne land conveyed to Radakor LLC recorded in Volume 6444, Page 231 of the Official Records of Brazos County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows: BEGINNlNG: at a fOWld 1/2-inch iron rod marking the common most northerly comer of Lots 7 and 8, Block 5 of sald W.C. BOYETT ESTATE Partition and being in the southwest right-of-way line of College Main (based on a 50' width); THENCE: S 44' 14' 23" E along the said rigbt-of-way iine for a.distance of 49.95 feet to a found 1I2~inch iron rod marking the conunon most northerly comer of Lots 8 and 9, Block 5 of said W.C. BOYETT ESTATE Partition; THENCE: S 41' 44' 37" W along the common lot line of said lots for a distance of 5.01 feet to a wood stake set for comer; THENCE: N 44' 14' 23" W parallel to and 5 foot southwest of said College Main rigbt- of-way, througb said Lot 8 for a distance of 49.95 feet to a wood stake set for comer in the common line of said Lots 7 and 8, Block 5, W.C. BOYETT ESTATE Partition, from whence the City of College Station Horizontal Control Monument No. 110 bears S 54' OT 39" W at a distance of 1135.96 feet for reference; THENCE: N 41' 44' 37" E for a distance of5.01 feet to the POINT OF BEGINNING and containing 0.0057 acres (249.7 square feet) ofland, more or less. I, Kevin R. McClure, Registered Professional Land Surveyor No. 5650 in the State of Texas do certify that this survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category I B, Condition II Survey. ~e (MOIl ,0;) 3nN3ll't 3SlflO7 ~... ~~ 1c,~ lil:l !o~ !!!qj ~~~ "t " t 'fl.\> <:I~"" <:l~ . I:i~! ~ ~ !l! !l! ,...--------- ,/ /' ~i / ~~~ ,~ ;!~ , ~ f ------------- "'f~~~ i 0:0: o;"~~ ~I~~ \l \0: ,,~ ~-- ~l ~~ I I '" " ~ ~ ~ ;t ; ; ~ ~ -------------- I OH tII '~Ll ~~-<it) ~.f I I!) If} ~ -~..60.9('oi~i ~i i I !~: : I ~t II ------- r--;-------.- I I ! I ~~~ I I IJ~ I )~ :1 * rt--------------. : I ! I <5 .. l . ~~i !!isl , , ..., /i .a !II I ~ ~ tl~~ i .f~~~ <'l . 1~~1 ~ ~ ~ ~~ ~ ~ ~ I~s~ i ~ ~g ~ ~ ~ ~ } u ~ G ~i;\; ~~~ ~!~~ H :;::;: .z . ~ " ~ ~ Ill' .~ c:j I ~ ~ ~:i~ . ~ "" ~ ~ :ij ~ ~J ~ hi ~ jB_ !!1 ~.s !!l HI ~ ~.i I~ ~fio ..... F ~!!.I " . 'I! OBi !:I::\:) ~.~ ~oj III !!~l~~ r~ '2~~i ~ ~ ~~i"~ ~::!i m~. ~~ ~~ Page 2 of2 FIELD NOTES 5' WIDE PUBLIC ACCESS EASEMENT LOT 9, BLOCK 5 0.0057 ACRES Being all that certain tract or parcel of land lying and being situated in the JOSEPH E. SCOTT SURVEY, Abstract No. 50 in College Station, Brazos County, Texas and being a part of Lot 9, Block 5 of the W.C. BOYETT ESTATE Partition as recorded in Volume I DO, Page 440 of the Brazos County Deed Records (B.C.D.R.), said lot also being the same land conveyed to Michael J. Opersteny recorded in Volume 2680, Page 222 and Volume 5179, Page 294 of the Official Records of Brazos County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows: BEGINNING: at a found 1/2-inch iron rod marking the common most northerly comer of Lots 8 and 9, Block 5 of said W.e. BOYETT ESTATE Partition and being in the southwest right-of-way line of College Main (based on a 50' width); THENCE: S 44' 14' 23" E along the said right-of-way line for a distance of 49.95 feet to a found 1I2-inch iron rod marking the common most northerly comer of Lots 9 and 10, Block 5 of said W.C. BOYETT ESTATE Partition; THENCE: S 41' 44' 37" W along the common lot line of said lots for a distance of 5.01 feet to a wood stake set for corner; THENCE: N 44' 14' 23" W parallel to and 5 foot southwest of said College Main right- of-way, through said Lot 9 for a distance of 49.95 feet to a wood stake set for comer in the common line of said Lots 8 and 9, Block 5, W.C. BOYETT ESTATE Partition, from whence the City of College Station Horizontal Control Monument No. liD bears S 56' 36' 09" W at a distance of 1144.30 feet for referencej THENCE: N 41' 44' 37" E for a distance of 5.01 feet to the POINT OF BEGINNING and containing 0.0057 acres (249.7 sq. ft.) ofland, more or less. I, Kevin R. McClure, Registered Professional Land Surveyor No. 5650 in the State of Texas do certify that this survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category 1B, Condition II Survey. jig I lIb ~ 1bi ~ ~ " a ~~: ~ ~ 00 ~~ ~ ~ 11! ~ ~i: ~ &ll:~~ ~ ~ ~8 } ~ ~ "5 ;~ i~; -. I , , I I , ----------rj H~ : I: % ..,~:! ~ ~~~ I: :t... ~~ I ~~ _ h ____--~ 10 ~ .:\~ I' l~ t_ I ~<:. "~ I !/! l'.! tn )~~ I ~ t; <.\ ~ ,(j~..... '" "'~;!' II "l: v 'Ii ~It~ I<) "l: . '" I" .....1> lit ....] .......~.... ~~...: ------- ~q:~ (,W>>J ,at) :1nN3tltl 3SIf107 ...---" /"~ /' ~l / tit~ ~ ~., ,'1 i~ H---------. , I I' I ~f~~ J '< : I ~~~~ II ~I~~ I H--------- I I 1 ltl ~ I "- II !j~ : I ~!~ II r-:--------- , 1 II ~~~ : Jf~ II .,i~ * : I fi--------- : I ! I i I ~------T- , ' , I ' I . l:l " ~ ~ { 1 ~ ~ ~ /~ ,jl ",'" ~ ~~. .....ifi ~ ~ ~./:l}~ g ~ ]" ~ .... 0: I ____ iIl",__-'''' ~.. . ~~.... "":l "jl.- .'" "tClS~ ;t " :t ~ .,'" '" '" OJ :s~ ~i;i; ~dd ~ w. U! z. ~~~ , ~ ~ It :t " 'ii.~ ~i / . ~ '<: !II' ~ ~ ~ ~ ~ w ~ ~ l(j ~ ~ III r~ ~~ 8::5 ~~ ~~ --------- I 0 ~ l ,ue .... ,OS."su _ ~ :) ~ ....., I .9S,O<:'.tg S I' I! II ---------~ I Id ~l! sx! .!~!,.: 51,!! i~ii il~1 l~ .B~ ~~~-~" !~ti~~ ~'d"ii d5j~~ ~~~ ~f, iii" '" ~ ~I~ ....(.)~ ~:j- i!i ' "'~~ ~!~ ;;:: i~ ~~ Page 2 of2 FIELD NOTES 5' WIDE PUBLIC ACCESS EASEMENT LOT 6 and 7, BLOCK 4 0.0115 ACRES Being all that certain tract or parcel of land lying and being situated in the JOSEPH E. SCOTI SURVEY, Abstract No. 50 in College Station, Brazos County, Texas and being a part of Lots 6 and 7, Block 4 of the W.C. BOYETI ESTATE Partition as recorded in Volume 100, Page 440 of the Brazos County Deed Records (B.C.D.R.), said lot also being the same land conveyed to Texas A&M Association of Baptist Students recorded in Volume 1146, Page 751 of the Official Records of Brazos County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows: BEGINNING: at a found 1/2-inch iron rod marking the common most southerly comer of Lots 7 and 8, Block 4 of said W.C. BOYETI ESTATE Partition and being in the northeast right-of-way line of College Main (based on a 50' width), from whence the City of College Station Horizontal Control Monument No. 110 bears S 51" 20' 58" W at a distance of 1184.50 feet for reference; THENCE: N 42' 13' 42" E along the common lot line of said lots for a distance of 5.01 feet to a wood stake set for comer; THENCE: S 44'14' 23" E parallel to and 5 foot northeast of said College Main right-of- way, through said Lot 7 and Lot 6, Block 4 for a distance of 100.21 feet to a wood stake set for comer in the common lot line of Lots 5 and 6, Block 4 of said W.C. BOYETI EST ATE Partition; THENCE: S 42. 13' 00" W along said common lot line for a distance of 5.01 feet to a found 1/2" iron rod for corner marking the common most southerly comer of said Lots 5 and 6, Block 4 of said W.C. BOYETI ESTATE Partition, said iron rod also being in the beforesaid College Main Right-of-way line; THENCE: N 44' 14' 23" W along the said right-of-way line for a distance of 100.21 feet to the POINT OF BEGINNING and contalning 0.0115 acres (501.1 square feet) of land, more or less. I, Kevin R. McClure, Registered Professioual Land Surveyor No. 5650 in the State of Texas do certifY that this survey substantially complies with the current Texas Society of Professioual Surveyors Standards and Specifications for a Category 1B, Condition II Survey. Kevin R. McClure, R.P.L.S. #5650