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HomeMy WebLinkAbout7-22-2002-11.11 - Resolution - 07/22/2002 RESOLUTION DETERMINING NEED Sow RESOLUTION NO. 7 -22- 2002 -11.11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE AN EXCLUSIVE PUBLIC UTILITY EASEMENT IN CERTAIN PROPERTY; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE AN EXCLUSIVE PUBLIC UTILITY EASEMENT IN PROPERTY FOR THE WATER TRANSMISSION LINE PHASE II PROJECT; AND ESTABLISHING PROCEDURES FOR THE ACQUISITION OF AN EXCLUSIVE PUBLIC UTILITY EASEMENT IN THE PROPERTY. WHEREAS, it is necessary to establish procedures for determining the establishment and approval of just compensation for each of the parcels in which to acquire an exclusive public utility easement for the Water Transmission Line Phase II Project; and WHEREAS, there may be improvements located on some of the real property in which an exclusive public utility easement is acquired for this Project, and such improvements may be required to be moved or demolished prior to the beginning of the Project; now, therefore, BE IT RESOLVED by the City Council of the City of College Station, Texas: PART 1: That the City Council of the City of College Station, Texas, hereby officially determines that there is a public necessity for the Water Transmission Line Phase II Project, and the public welfare and convenience will be served by the acquisition of an exclusive public utility easement in the property referenced in Exhibit "A" attached hereto and made a part hereof for all purposes as part of the Water Transmission Phase II Project, for the purpose increasing City water production. 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 an exclusive public utility easement in property for the Water Transmission Phase II Project. 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 said 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 appraiser shall make a recommendation to the City Manager as to the establishment and approval of the amount of the just compensation for an exclusive public utility easement in said parcels. PART 4: After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of an exclusive public utility easement interest in the parcels. PART 5: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of an exclusive public utility easement interest, the City's Land Agent is authorized to communicate a written offer to the owners of said parcels for the acquisition of an exclusive public utility easement in said parcels at the Saw RESOLUTION NO. 7 -22- 2002 -11.11 Page 2 full amount determined and established to be just compensation therefore and to Slow negotiate with said owners on behalf of the City. PART 6: That the Mayor after approval by City Council is hereby authorized to execute all documents necessary to acquire an exclusive public utility easement in each of the parcels needed for said Project, on behalf of the City of College Station. PART 7: 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 8: That this resolution shall take effect immediately from and after its passage. ADOPTED this 22 day of July, A.D. 2002. ATTEST: APPROVED: l f *AM.& ..C�z-c CONNIE HOOKS, City Secretary RON S VIA, Mayor APPROVED: fined by Rox° Nemclk City Attorney Exhibit A Being a permanent easement thirty feet (30') in width through the following tracts and a temporary construction easement forty (40') in width generally adjacent to the permanent easement: Tract 1 All that certain 13.2 acre tract or parcel of land lying and being situated in the Zeno Phillips League, Abstract No. 45, in Bryan, Brazos County, Texas, being a portion of a 51.984 acre tract conveyed to the Braver Corporation, Inc. by R.A. Galindo, Trustee as recorded in Volume 436, Page 452 of the Deed Records of Brazos County, Texas, being the same tract conveyed to Jay Don Watson, trustee, by deed recorded in Volume 1346, Page 108 of the Official Public Records of Brazos County, Texas, and being also the same tract conveyed to Whitworth Financial, Inc. by deed recorded in Volume 4370, Page 168 of the Official Public Records of Brazos County, Texas. Easement is generally along frontage of FM 2818. Tract 2 All that certain tract or parcel of land lying and being situated in the Zeno Phillips League, Abstract No. 45, in Bryan, Brazos County, Texas, being a part of that 51.984 acre tract conveyed to the Braver Corporation, Inc. by R.A. Galindo, Trustee as recorded in Volume 436, Page 452 of the Deed Records of Brazos County, Texas, being Lot 2, Block "A" La Brisa, Phase IX according to plat of record in Volume 597, Page 843 of the Deed Records of Brazos County, Texas, and being part of that 3.657 acre tract conveyed to JYKM Union, Inc. by deed recorded in Volume 4347, Page 174 of the Official Public Records of Brazos County, Texas. Easement is generally along frontages of FM 2818 and Villa Maria. Tract 3 All that certain tract or parcel of land lying and being situated in the Zeno Phillips League, Abstract No. 45, in Bryan, Brazos County, Texas, being a part of that 51.984 acre tract conveyed to the Braver Corporation, Inc. by R.A. Galindo, Trustee as recorded in Volume 436, Page 452 of the Deed Records of Brazos County, Texas, being Lot 1 Block "A" of La Brisa Phase IX according to plat of record in Volume 597, Page 843 of the Deed Records of Brazos County, Texas, and being part of that 3.657 acre tract conveyed to JYKM Union, Inc. by deed recorded in Volume 4347, Page 174 of the Official Public Records of Brazos County, Texas. Easement is generally along frontages of FM 2818 and Villa Maria. CS Water Transmission Line Phase II Page 1 of 1 Tract 4 All that certain tract or parcel of land lying and being situated in the Zeno Phillips League, Abstract No. 45, in Bryan, Brazos County, Texas, being a part of that 51.984 acre tract conveyed to the Braver Corporation, Inc. by R.A. Galindo, Trustee as recorded in Volume 436, Page 452 of the Deed Records of Brazos County, Texas, and being part of that 17.359 acre tract conveyed to R. Coke Mills, trustee by deed recorded in Volume 1215, Page 232 of the Official Public Records of Brazos County, Texas. The easement is generally along the eastern boundary, and then diagonally crosses to the northwestern corner. Tract 5 All that certain tract or parcel of land lying and being situated in the Zeno Phillips League, Abstract No. 45, in Bryan, Brazos County, Texas, being a part of the R.R. Knowles 60 acre tract described in Volume 203, Page 543 of the Deed Records of Brazos County, Texas, and being that 13.103 acre tract conveyed to Johnny Lyon by deed recorded in Volume 3134, Page 271 of the Official Public Records of Brazos County, Texas. The easement is generally diagonally across the tract from the northwest corner of Tract 4 to the far western corner of Tract 6. Tract 6 All that certain tract or parcel of land lying and being situated in the Zeno Phillips League, Abstract No. 45, in Bryan, Brazos County, Texas, being a part of that tract conveyed to M.F. Thurmond, et al, by Lee Smith, et ux by deed recorded in Volume 205, Page 306 of the Deed Records of Brazos County, Texas, and being the 11.91 acre tract conveyed to Southwest Premier Properties, LLC by deed recorded in Volume 3192, Page 310 of the Official Public Records of Brazos County, Texas. The easement is generally across the far western corner of the tract. Tract 7 Being Lot 11AR in Block 3 of Carriage Hills Subdivision Phase Two according to Amending Plat recorded in Volume 3593, Page 87 of the Official Public Records of Brazos County, Texas. The easement generally crosses the center of the tract from east to west. CS Water Transmission Line Phase II Page 2 of 2 Tract 8 All that certain tract of parcel of land lying and being situated in the Zeno Phillips League, Abstract No. 45, in Bryan, Brazos County, Texas, being a part of that 27.123 acre tract conveyed to Web /Con, Inc. by deed recorded in Volume 2560, Page 151 of the Official Public Records of Brazos County, Texas, and being all of that tract lying between Rock Hollow Subdivision according to plat of record in Volume 3506, Page 347 of the Official Public Records of Brazos County, Texas, Carriage Hills Subdivision Phase One Parkland Dedication according to plat of record in Volume 2718, Page 168 -A of the Official Public Records of Brazos County, Texas, and Carriage Hills Subdivision Phase Two according to plats of record in Volume 3453, Page 105 and Volume 3593, Page 87 of the Official Public Records of Brazos County, Texas, and Carriage Hills Subdivision Phase Three according to plat of record in Volume 3085, Page 68 of the Official Public Records of Brazos County, Texas. The easement generally crosses the center of the tract from southeast to northwest. Tract 9 All that certain tract or parcel of land lying and being situated in the Zeno Phillips League, Abstract No. 45, in Bryan, Brazos County, Texas, being that 5.7 acre Parkland Dedication tract in Carriage Hills Subdivision Phase One according to plat of record in Volume 2718, Page 168 -A of the Official Public Records of Brazos County, ‘iip# The easement is generally along the northeastern boundary. Tract 10 All that certain tract or parcel of land lying and being situated in the Zeno Phillips League, Abstract No. 45, in Bryan, Brazos County, Texas, being a part of that 94.36 acre tract conveyed to KKJM Investments Limited Partnership, a Texas Limited Partnership by deeds recorded in Volume 3673, Page 105, and Volume 3237, Page 309 of the Official Public Records of Brazos County, Texas. The easement generally crosses the center of the tract from southeast to northwest, and is also along the frontage of Leonard Road. Tract 11 All that certain tract or parcel of land lying and being situated in the Zeno Phillips League, Abstract No. 45, in Bryan, Brazos County, Texas, being the 150 acres out of the W.W. Griffin homestead which was conveyed by Clarence E. Vick to Mrs. Nannie H. Rhodes by deed dated February 14, 1935 and recorded in Volume 88, Page 326 of the Deed Records of Brazos County, Texas, and being a part of that 150 acre tract conveyed to W.A. Stasney by deed recorded in Volume 90, Page 35 of the Deed Records of Brazos County, Texas. CS Water Transmission Line Phase II Page 3 of 3 Easement is generally along frontage of FM 2818. Tract 12 All that certain tract or parcel of land lying and being situated in the Stephen F. Austin League No. 9, Abstract No. 62, in Bryan, Brazos County, Texas, being a part of that 103.54 acre tract described as the third and fourth tracts in deed from Clarence C. Vick to Mrs. Dona Carnes (sheriff's Deed) dated January 2, 1934 and recorded in Volume 85, Page 308 of the Deed Records of Brazos County, Texas, and conveyed to W.A. Stasney by deed recorded in Volume 90, Page 511 of the Deed Records of Brazos County, Texas. Easement is generally along frontage of FM 2818. Tract 13 All that certain tract or parcel of land lying and being situated in the Stephen F. Austin League No. 9, Abstract No. 62, in Bryan, Brazos County, Texas, being all of the 2.00 acre tract conveyed to Peggy Joyce Weatherford to James M. Weatherford by deed recorded in Volume 2971, Page 256 of the Official Public Records of Brazos County Texas, also being part of Lot 6 in Block 5 of Brazos County Industrial Park Phase III according to plat of record in Volume 500, Page 917 of the Deed Records of Brazos County, Texas, and being that tract conveyed to Mustang Cat Rental Store Ltd by deed recorded in Volume 3837, Page 214 of the Official Public Records of Brazos County, Texas. Easement is generally along frontage of FM 2818. Tract 14 All that certain tract or parcel of land lying and being situated in the Stephen F. Austin League No. 9, Abstract No. 62, in Bryan, Brazos County, Texas, being that 6.96 acre tract conveyed to Hyatt Development Ltd by deed recorded in Volume 4104, Page 199 of the Official Public Records of Brazos County, Texas, and being Lot 6A in Block 5 of Brazos County Industrial Park Phase III according to plat of record in Volume 1080, Page 803 of the official Public Records of Brazos County, Texas. Easement is generally along frontage of FM 2818. Tract 15 All that certain tract or parcel of land lying and being situated in the Stephen F. Austin League No. 9, Abstract No. 62, in Bryan, Brazos County, Texas, being a part of Lot 6 in Block 5 of Brazos County Industrial Park Phase III according to plat of record in Volume 500, Page 917 of the Deed Records of Brazos County, Texas, and being all of that 8.967 CS Water Transmission Line Phase II Page 4 of 4 acre tract conveyed to William K. Akins by deed recorded in Volume 3819, Page 17 of the Official Public Records of Brazos County, Texas. Easement is generally along frontage of FM 2818. Tract 16 All that certain tract or parcel of land lying and being situated in the Stephen F. Austin League No. 9, Abstract No. 62, in Bryan, Brazos County, Texas, being that 47.202 acre tract described in deed to Richard W. Vaughan, Trustee, recorded in Volume 321, Page 660 of the Deed Records of Brazos County, Texas. Easement is generally along frontage of FM 2818. Tract 17 All that certain tract or parcel of land lying and being situated in the Stephen F. Austin League No. 9, Abstract No. 62, in Bryan, Brazos County, Texas, being a part of that I.C. Cunningham tract described by deeds recorded in Volume 101, Page 619, Volume 130, Page 562 and Volume 280, Page 284 of the Deed Records of Brazos County, Texas. Easement is generally along frontage of FM 2818. Tract 18 All that certain tract or parcel of land lying and being situated in the Stephen F. Austin League No. 9, Abstract No. 62, in Bryan, Brazos County, Texas, being that 6.767 acre tract described by deed to Transit Mix Concrete & Materials Company recorded in Volume 1986, Page 196 of the Official Public Records of Brazos County, Texas. Easement is generally along frontage of FM 2818. Tract 19 All that certain tract or parcel of land lying and being situated in the Stephen F. Austin League No. 9, Abstract No. 62, in Bryan, Brazos County, Texas, being the Amtex Subdivision Phase I according to plat of record in Volume 495, Page 449 of the Deed Records of Brazos County, Texas. Easement is generally along frontage of FM 2818. Tract 20 All that certain tract or parcel of land lying and being situated in the Stephen F. Austin League No. 9, Abstract No. 62, in Bryan, Brazos County, Texas, being Lot 1 Block 1 CS Water Transmission Line Phase II Page 5 of 5 Nowsco addition according to plat of record in Volume 470, Page 871 of the Deed Records of Brazos County, Texas. Easement is generally along frontage of FM 2818. Tract 21 All that certain tract or parcel of land lying and being situated in the Stephen F. Austin League No. 9, Abstract No. 62, in Bryan, Brazos County, Texas, being a part of that tract conveyed to the Trustees of Sunrise Missionary Baptist Church predecessor of Old Jerusalem Missionary Baptist Church by deed recorded in Volume 97, Page 98 of the Deed Records of Brazos County, Texas. Easement is generally along frontage of FM 2818. Tract 22 All that certain tract or parcel of land lying and being situated in the Stephen F. Austin League No. 9, Abstract No. 62, in Bryan, Brazos County, Texas, being that 0.60 acre tract conveyed to Milton Jones by deed recorded in Volume 217, Page 41 of the Deed Records of Brazos County, Texas. Easement is generally along frontage of FM 2818. lkiar Tract 23 All that certain tract or parcel of land lying and being situated in the Stephen F. Austin League No. 9, Abstract No. 62, in Bryan, Brazos County, Texas, being a part of Lot 1 Block 1 Get -N -Go Subdivision according to plat of record in Volume 3971, Page 175 of the Official Public Records of Brazos County, Texas. Easement is generally along frontage of FM 2818. Tract 24 All that certain tract or parcel of land lying and being situated in the Stephen F. Austin League No. 9, Abstract No. 62, in Bryan, Brazos County, Texas, being part of Lots 2 and 3 of the C.E. Ball Addition to the City of Bryan, Texas, according to plat of record in Volume 166, Page 289 of the Deed Records of Brazos County, Texas, SAVE AND EXCEPT that portion of said lots included within the description of 15.271 acres condemned for FM 2818 right -of -way by Judgement recorded in Volume 331, Page 76 of the Deed Records of Brazos County, Texas. Easement is generally along frontage of FM 2818. CS Water Transmission Line Phase II Page 6 of 6 Tract 25 Slaw All that certain tract or parcel of land lying and being situated in the Stephen F. Austin League No. 9, Abstract No. 62, in Bryan, Brazos County, Texas, being Lot 1 Block 1 of Still Creek Commercial addition according to plat of record in Volume 477, Page 787 of the Deed Records of Brazos County, Texas, and being that tract conveyed to DMC Corporation by deed recorded in Volume 1208, Page 18 of the Official Records of Brazos County, Texas. Easement is generally along frontage of FM 2818. Tract 26 All that certain tract or parcel of land lying and being situated in the Stephen F. Austin League No. 9, Abstract No. 62, in Bryan, Brazos County, Texas, being that 22.8289 acre tract conveyed to Trustees of the Follett Family Trust by deed recorded in Volume 3403, Page 336 of the Official Public Records of Brazos County, Texas. Easement is generally along frontage of FM 2818. Tract 27 All that certain tract or parcel of land lying and being situated in the Stephen F. Austin League No. 9, Abstract No. 62, in Bryan, Brazos County, Texas, being that 19.00 acre tract conveyed to Glen Grote and wife, Patricia Grote by deed recorded in Volume 484, Page 115 of the Deed Records of Brazos County, Texas. Easement is generally along frontage of FM 2818. Tract 28 All that certain tract or parcel of land lying and being situated in the Stephen F. Austin League No. 9, Abstract No. 62, in Bryan, Brazos County, Texas, being part of that 162.719 acre tract conveyed to Cardiology Associates P.A. Pension Plan by C.E. Ball Properties, Inc. by deed recorded in Volume 337, Page 9 of the Deed Records of Brazos County, Texas, and being that 34.031 acre tract conveyed to Rafeek N. Shanaa and Elizabeth A. Shanaa by deed recorded in Volume 2130, Page 304 of the Official Public Records of Brazos County, Texas. Easement is generally along frontage of FM 2818. Slaw CS Water Transmission Line Phase II Page 7 of 7 i RESOLUTION NO. 7 -22- 2002 -11.12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DECLARING THE NECESSITY FOR ACQUIRING BY CONDEMNATION AN EXCLUSIVE PUBLIC UTILITY EASEMENT IN CERTAIN DESCRIBED PROPERTY TO INSTALL AND MAINTAIN THE WATER TRANSMISSION PIPELINE PROJECT AND FOR ALL OTHER UTILITIES, AND ORDERING THE CONDEMNATION OF SAID PROPERTY TO PROCEED. WHEREAS, the City Council of the City of College Station has heretofore determined to acquire the right -of -way necessary for the installation, maintenance, repair, reconstruction, modification, removal, inspection of the water pipeline system and communication lines to service the water system and related equipment and for the installation, maintenance, repair, reconstruction, modification, removal, inspection of all other utilities; and WHEREAS, an independent professional appraisal report of the subject property has been submitted to the City, and the City Manager has accordingly established and approved a certain amount determined to be just compensation for that parcel, pursuant to the authority granted him by Resolution of the City Council on April 26, 2001; and WHEREAS, the City initially sought to acquire a 2.58 acres (more or less) easement from the property owner which has subsequently been reduced in size to 2.10 acres (more or less); and , k WHEREAS, an official written offer based upon the amount determined to be more than the just compensation has been transmitted to the owners of the property described herein for a smaller easement than the easement originally requested, and further negotiations for settlement have been futile and impossible because the owners are unwilling to convey an exclusive public utility easement title to the property free and clear of any liens and encumbrances; and WHEREAS, the City of College Station has complied with all prerequisites of the laws of the State of Texas to acquire an unencumbered exclusive public utility easement, save and except oil, gas and sulfur rights with no rights of exploration, in the property described in the attached Exhibit A; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the official offer by the City of College Station for the exclusive public utility easement in land described in the attached Exhibit A, in the amount of Twenty Five Thousand Five Hundred Forty Two Dollars ($25,542.00), is hereby confirmed. PART 2: That it is hereby determined that the City of College Station has in fact transmitted a bona fide offer to the property, in accord with the laws of the State of Texas, for the property described in the attached Exhibit A. Further negotiations for settlement have been futile and impossible because the owners are unwilling to convey an exclusive public utility easement in the property free and clear of any liens and encumbrances. PART 3: That public necessity requires the acquisition of the unencumbered exclusive public utility easement in the property described in the attached Exhibit A, save and except ` oil, gas, and sulfur rights with no right of exploration, for right -of -way for the u:lresolutions 20021resolution no. 7 -22- 2002- 11.12doc.doc 7/19/02 RESOLUTION NO. 7 -22- 2002 -11.12 Page 2 installation and maintenance of the Parallel Water Transmission Pipeline Project, and all other utilities in Brazos County, Texas; and that public necessity and convenience require the condemnation of this property in order to acquire it for such purpose. PART 4: That the City Attorney is hereby authorized and directed to institute proceedings in eminent domain against TLS Properties, Ltd., a Texas Limited Partnership, owners of the property described herein, and against all other owners, lienholders, and other holders of an interest in the property, in order to acquire an unencumbered exclusive public utility easement, save and except oil, gas, and sulfur rights with no right of exploration, in and to the property lying and being situated in Brazos County, Texas and described in Exhibit A attached hereto and incorporated herewith. PART 5: That the City Attorney is hereby authorized to deposit the Award of the Commissioners from aforesaid proceedings into the registry of the Brazos County Court. PART 6: That this resolution shall take effect immediately from and after its passage. PASSED and APPROVED this 22 day of July, 2002. ATTEST: APPROVED -SeZpA CONNIE HOOKS, City Secretary RON S"ILVIA, Mayor APPROVED: Ig Fay Rti emit City Attorney u: (resolutions 20021resolution no. 7- 22- 2002- 11.12doc.doc 7/19/02 . _ 4 110, Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle EXHIBIT A College Station, TX 77845 (979) 690-3378 Utility Easement TLS Properties, Ltd. Tract Crawford Burnett League College Station, Texas June 11, 2002 All that certain tract or parcel of land lying and being situated in the Crawford Burnett League, Abstract No. 7, in College Station, Brazos County, Texas, being a part of that 134.041 acre tract conveyed to TLS Properties, Ltd. in deed recorded in Volume 3022, 187 of the Official Public Records of Brazos County, Texas, and a part of the abandoned I&GN Railroad right-of-way acquired by condemnation and recorded in Volume 3, Page 529 of the Civil Minutes of Brazos County, Texas, being an easement lying along and adjacent to the south right-of-way line of Harvey Mitchell Parkway (F.M. 2818) and along the southwest right-of-way line of said I&GN right-of-way and being more particularly described as follows: Beginning in the southwest right-of-way line of Harvey Mitchell Parkway in the line between the said TLS Properties, Ltd. tract and that 81-1/2 acre tract conveyed to Harry Gorzycki by deed recorded in Volume 81, Page 186 of the Deed Records of Brazos County, Texas, from which an old 6" cedar fence corner post was found 0.7' SW and a broken 5" fence corner post was found S 41° 44' 04" W 2414.8 feet at the south common corner of the said Gorzycki and TLS`Properties, Ltd. tracts. Thence S 41° 44' 04" W - 44.76 feet along the line between the said TLS Properties, Ltd, tract and the said Gorzycki tract the most westerly comer of this tract; Thence through the said TLS Properties, Ltd. tract parallel to and thirty feet (30') from said right-of-way line as follows; N 83° 49' 10" E 335.44 feet to an angle point; N 84° 57' 15" E 1000.33 feet to an angle point; N 83° 48' 30" E - 224.69 feet to an angle point; S 88° 54' 38" E - 217.76 feet to an angle point; S 47° 13' 34" E - 276,07 feet to an angle point in the old southwest right-of-way line of the abandoned 1&GN Railroad; Thence S 22° 03' 25" E 637.81 feet to a fence in the northwest line of Dowling Road for the most southerly corner of this tract; Utility Easement - TLS Properties Pagc 1 of 2 illtw Thence N 43° 00' 00" E - 49.63 feet along the northwest line of Dowling Road to the most easterly corner of this tract; Thence N 22° 03' 25" W - 663.41 feet approximately along an old fence line on the northeast line of the said TLS Properties, Ltd, tract to the southeast right-of-way line of Harvey Mitchell Parkway; Thence along the south right-of-way line of Harvey Mitchell Parkway as follows: N 75° 47' 23" W - 63.83 feet to a concrete right-of-way marker found at an angle point; N 47° 13' 34" W - 208.45 feet to a concrete right-of-way marker found at an angle point; N 88° 54' 38" W - 231.09 feet to a concrete right-of-way marker found at an angle point; S 83° 48' 30" W - 226.30 feet to an angle point; , S 84° 57' 15" W - 1000.33 feet to a concrete right-of-way marker found at an angle point; S 83° 49' 10" W - 302.52 feet to the Point of Beginning and containing 2.10 acres of land more or less. Bearings are Texas State Plane, Central Zone, NAD-83 datum, as determined by GPS observations using City of College Station 1994 GPS monuments. ,c• . „,, 040.......7. . , F DAVID R. MAYO ) , NI 1■ 40110414M701104 , ■ 1 .-16 0 • ,'/) P:::. SWAN; ^ T.......„)..— ° kW Utility Easement - TLS Properties Page 2 of 2