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HomeMy WebLinkAbout2004-05-11-9:00AM-RegularTHE C( SESSIO OF TH! BRYAN, 1. In 2. C~ Consider 3. Bt 4. Pe 5. Pa 6. Br Br 7. Re Dt 8. Rt BRYAN, TEXAS BRAZOS NOTICE OF MEETING AND AGENDA COUNTY COMMISSIONERS COURT 4MISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR ON 11 MAY 2004 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM BRAZOS COUNTY COURTHOUSE, 300 E. 26TM STREET, SUITE 115, ?EXAS. ~cation and Pledge of Allegiance - Commissioner Caldwell for citizen's input and/or concerns. nd take action on agenda items 3 - 15: [get Amendment 03/04-29.1 thru 03/04-29.2 ;onnel Change of Status. ment of Claims. z. os County Resolution 04-007 providing for the public sale of property acquired by cos County from delinquent taxes. uest by Donald Lampo, Precinct 2 Constable, for approval to appoint Jeffory W. .k as a non-paid deputy for Precinct 2. uests for Tax Refund Applications from the following: a. C&L Tire Service Center #2 f. D. Ralph Lee, Jr. b. Kenneth T. & Laura B. Higbee g. Sidney Manley :. Billy F. & Deborah L. Hodges h. Smoothies Ice Cream & Yogurt :1.Syed Hyder i. Roy W. Steele (4) :. M.S. & Vada Kavanaugh 9. B 10. 11. 12. 13. 14. 15. 16. 17. 18. A 19. Commissioners Court Agenda 11 May 2004 Page 2 mket Purchase Order requests for the following: a. Eagle-- $1,100.00 (Personnel) b. H&M Wholesale -- $2,000.00 (Sheriff) c. C&G Wholesale-- $15,728.50 (Task Force) uest from Bryan Texas Utilities to construct a road bore for electrical facility on Brazos County property parallel to Sandy Point Road (FM 1687). Site is in Precinct 4. :eptance of Green Branch Phase One for Brazos County maintenance, as the road Branch Loop) and drainage structures are in compliance with the County's and development regulations. Site is located in Precinct 2. by Road & Bridge for permission to enter private property owned by Gloria V. located off Rabbit Lane for the purpose of reshaping the drainage channel for more drainage and erosion control for the health, safety and welfare of the general Site is located in Precinct 2. of a Warranty Deed from Gloria V. Williams White for improvements to a of Rabbit Lane located in Precinct 2. of a Warranty Deed from Gloria V. Williams White for improvements to a of Rabbit Lane located in Precinct 2. of a Warranty Deed from Elois Lynell Williams Wooten for improvements to of Rabbit Lane located in Precinct 2. of interest items and possible future agenda topics. for citizen input and/or concems. Board / Committee reports by Court members. The Brazos ~unty Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign 'ices must be made two business days before the meeting. To make arrangements, call (979) 361-4102. Cc b~ of pl COMMISSIONERS' COURT REGULAR MEETING MAY 11, 2004 th Te mo Ca am A regular meeting of the Commissioners' Court of Brazos lnty, Texas was held in the Brazos County Commissioners lrtroom in the Courthouse in Bryan, Brazos County, Texas, inning at 9:00 a.m. on Tuesday, May 11, 2004 with the lowing members of the Court present: Randy Sims, County Judge, Presiding; Eric Caldwell, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and icials that were in attendance. Commissioner Caldwell gave the invocation and led the dge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #03/04-29.1 ough 29.2, which would reallocate funds for the Information hnology Department and the District Clerk's Office. On ion by Commissioner Peters, seconded by Commissioner ley, the Court voted unanimously to approve the budget ndment as submitted, a copy of which is attached. )L PAGE C£ er R~ C¢ a s OF Cc aF Co pr ta La th Pr no ?e un lmissionersCou~meeting Mayll, 2004 2 The Court proceeded to consider the change of status of )loyees as submitted on the attached Personnel Action uests. On motion by Comraissioner Cauley, seconded by missioner Peters, the Court voted unanimously to )rove the changes as submitted. The Court next considered the following Claims as )mitted by the County Treasurer for payment: 20062743 through 20062940 motion by Commissioner Caldwell, seconded by Missioner Peters, the Court voted unanimously to ~rove the Claims as submitted. On motion by the County Judge, seconded by missioner Peters, the Court voted unanimously to adopt olution No. 04-007, providing for the public sale of perry acquired by the county of Brazos from delinquent es. The property is a Mobil Home, Serial #12512029, el #TEX0316440, Wooodville North Mobile Home Park in name of Cecilia Salinas Spilde. The Court next considered a request from Constable cinct 2, Donald Lampo, to appoint Jeffory W. Duck, as -paid Deputy Constable. On motion by Commissioner ers, seconded by Commissioner Cauley, the Court voted nimously to approve the request from Constable Lampo V )L S/-r PAGE Cc t~ ar Cc ap Bi On Co ap Te tmissioners Court meeting May 11,2004 appoint Jeffory W. Duck as non-paid Deputy Constable >ject to appointment being within the allotted number deputies. The next matter for consideration was approval of refund applications from the following individuals /or companies: a. C&L Tire Service Center #2, OP $13.89 b. Kenneth T. & Laura B. Higbee, OP $134.02 c. Billy F. & Deborah L. Hodges, OP $60.47 d. Syed Hyder, OP $742.26 e. M.S. & Vada Kavanaugh, OP $458.84 f. D. Ralph Lee, Jr., OP $359.27 g. Sidney Manley, OP $170.39 h. Smoothies Ice Cream & Yogurt, OP $20.00 i. Roy W. Steele (4), OP $211.14, $211.14, $205.32, $205.32 motion by Commissioner Peters, seconded by missioner Mallard, the Court voted unanimously to .rove the tax refund applications. The Court proceeded to consider the following Personnel $1,100 Sheriff $2,000 Task Force $15,728.50 nket Purchase Orders: The Eagle H&M Wholesale C&G Wholesale motion by Commissioner Cauley, seconded by missioner Peters, the Court voted unanimously to rove the Blanket Purchase Orders as submitted. The Court next considered the request from Bryan as Utilities to construct a road bore for electrical )L Sb' PAGE 7/ Cc t¢ lc a] mc iN of Ma st Su Pr by ac in of De pr VI ~issionersCou~meetingMayll,2004 :ility installations on Brazos County property parallel FH 1687, alse known as Sandy Peint Road.. The site is :ated in Precinct 4. The Ceunty Engineer stated that appeared to be in erder and recemmended appreval. On ien by Cemmissiener Cauley, seconded by Cemmissiener :ers, the Court veted unanimeusly to appreve the uest by Bryan Texas Utilities and authorized the tallatien. A cepy of the request is attached hereto. The next matter before the Ceurt was the acceptance the Green Branch Ridge Phase One for Brazes Ceunty ntenance as the Road (Green Branch Loep) and drainage uctures are in compliance with the Ceunty's divisien and Develepment Regulatiens. The site is in cinct 2. On motien by Commissiener Peters, secended Cemmissiener Cauley, the Ceurt veted unanimously te ept Green Branch Leep Read and the drainage structures Green Branch Ridge Phase One for Ceunty maintenance. The Ceurt next censidered authorizing werk eutside county rights-of-way fer the health, safety and fare ef the general public. The Read and Bridge artment requested permission te enter the private perty of Gleria V. White en bit Lane in Precinct 2 to reshape a drainage channel )L 5¢, PAGE Cc m~ mc Cc Wa eM De mo Ca Co Wa ex De mo Ca' Co' ~missionersCouameetingMayll,2004 more effective drainage and erosion control. On ion by Commissioner Peters, seconded by Commissioner _lard, the Court voted unanimously to authorize the :k. The Court next considered acceptance of a Warranty ~d for right-of-way on Rabbit Lane in Precinct 2. On ~ion by Commissioner Peters, seconded by Commissioner lley, the Court voted unanimously to authorize the .nty Judge to accept on behalf of Brazos County a ranty Deed from Gloria V. Williams White for the .ansion and improvements to Rabbit Lane. The Court next considered acceptance of a Warranty d for right-of-way on Rabbit Lane in Precinct 2. On ion by Commissioner Peters, seconded by Commissioner ley, the Court voted unanimously to authorize the nty Judge to accept on behalf of Brazos County a ranty Deed from Gloria V. Williams White for the ansion and improvements to Rabbit Lane. The Court next considered acceptance of a Warranty d for right-of-way on Rabbit Lane in Precinct 2. On ion by Commissioner Peters, seconded by Commissioner ley, the Court voted unanimously to authorize the nty Judge to accept on behalf of Brazos County a V, )L PAGE C, ~ Court meeting May 11, 2004 6 W Deed from Eloise Lynell Williams Wooten for the ion and improvements to Rabbit Lane. Under announcement of interest items and possible future a, ~nda topics the following spoke: County Judge a) Said that The space needs questionnaire needs to be filled out as soon as possible and turned into Purchasing. The deadline is May 21st. Commissioner Mallard a) Asked Commissioner Caldwell about computer software discussed at his CUC meeting. He then suggested a workshop on the topic. Ernie Laney, Director Technology Department of Information a) Said he had attended the same CUC meeting and informed the Court of plans for use of the software. County Judge b) Asked Mr. Laney for something in writing to inform the Court on the direction the Information Technology Department is taking. He asked if we would be writing our own programs again etc. He wants the Court kept informed at all times about goals and he wants it done in writing. Ernie Laney, Director of Information Technology Department c) Says he recently started the process with a survey on software with PAGE 7¢ CG tk Col anissioners Court meeting May 11, 2004 departments and has gotten a fairly negative response. There was no citizen input and/or concerns. Under Agency/Board/Committee reports by Court members, following spoke: Commissioner Mallard a) He went to Washington D.C. to visit with elected officials on important county issues such as transportation. He stated it was a good meeting. b) He was contacted by people working on former President Bush's 80th birthday and they are doing a scrapbook. County Judge a) He, Commissioners Caldwell and Cauley all went to a CUC meeting in Galveston last week. Among the issues they talked about were IT issues, funding caps, and unfunded mandates. Commissioner Mallard b) The Newman 10 awards will be held on June 9, 2004 at the Hilton Hotel. He asked if the members of the court wanted to reserve a table to sit together. There being no further business to come before the the meeting was adjourned. VI }L PAGE 7..5 T~ Ma t~ Cc Ra Cc Du Co Ca Co~ At' Ka: Cot foregoing minutes of the Commissioners Court meeting held 11, 2004 have been examined and are approved in open Court the z~_~_da Y ~r~_g~_ , 2004, in Bryan, Brazos of [nty, Texas. id[~ju Eric Caldwell Commissioner, Precinct 1 ne Peters missioner, Precinct 2 Commissioner~, Precinct ey Cauley, Jr. missioner, Precinct 4 est: ~n McQueen uty Clerk V( L 5(4, PAGE BRAZO, MEETIN COUNTY COMMISSIONERS COURT ON ,~'~~ /], 200q' AT ~,' Name Organization/Department BRAZO COUNTY COMMISSIONERS MEETINON ~'~k,,~.-- (( Name Organization/Department COURT 200~. AT ~'O0~ VOL 5~?AGF- 7~ O[ members v The followi TH 2004 budge V~ conditions following ~ AD BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2003-2004 BUDGET YEAR NO. 03/04-29.1 thru 03/04-29.2 :his the 1 lth day of May 2004 at a regular meeting of the Commissioners' Court, the following re present: Randy Sims, County Judge,' Presiding Eric Caldwell, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk g proceedings were held: ~T WHEREAS, on 11 May 2004 the Court heard and approved a budget amendment for the 2003- rear for Brazos County, Texas. REAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen aich could not be reasonably included in the original budget adopted 12 September 2003 the. endment(s) to the original are hereby authorized, as described on the attached page(s). 'PTED AND APPROVED this the 11th day of May 2004. Copies: Original: aunty Auditor >unty Treasurer >mmissioners' Court Minutes ounty Clerk's Office and attached to the · iginal budget THEIRS' COURT OF BRAZOS COUNTY, TEXAS. / t BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-29.1 FD t DIV ACCT PROJ DR/CR 5/ll!2;~COUNTNAMEnna Increase Decrease 01 I 140001 I 611100 CR. Conference and Seminar Fees 300.00 al I Jl40OOl 717010 DR. SolidWasteHauling ,, ,, 300.00 iTo~C°mputerrealloc ~i{ ~dNetwOrkds for theServiceSdisposal of comeut ~er equipment classified as salvage. VOL 5{~ PAGE tl BRAZOS COUNTY, TEXAS t BUDGET AMENDMENTS t No. 03/04-29.2 t - 5/11/2004 FD DIV t ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 200001It518200 eR. MeritPay 194.00 01 200001Il531000 aR. Social Security 200001 II 532000 CR. Retirement 15.00 22.00 01 200100 Ill 516100 DR. Hourly Staff 194.00 200100 It 531000 DR. Social Security 15.00 200100 I t532000 DR. Retirement 22.00 District CI~ ~ To reallocatq ~nerit funds from the District Clerk Administration budget to the District -Jury Services Budget. VOL 5~' PAGE PERSONNEL CHANGE OF STATUS C¢ DE PURP¢ COUNTY DATE: May 11, 2004 Personnel Approve Personnel Change of Status EMPLOYEE NAME ACTION REQUESTED WILLIAMS, MARGIE JETT, IRENE RETIREMENT TRANSFER WITHiN DEPT. BAUGHMAN, KAISHA NEW HIRE - TRAINING SERVICES MEDINA, DIANE DISCHARGED ROAD BRIDGE HINTON, KIMBERLYN N. NEW HIRE ^pproved i County Judl (This copy t Court: May 11, 2004 's or Commissioner's Signature: ~ be attached to minutes) VOL% PAGE DEPART DATE OF ITEM: R~ installatio Road. Sib SOURCE REQUIRE 1) N( 2) All easel 2) in 3) If ~ respo 4) Di~ condL the of 5) Cc Devic, State NOTES/E,~ ACTION RI SUBMITTE BY' BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM lENT Road and Bridqe NUMBER 560010 ;OURT MEETING: May 11, 2004 uest from Bryan Texas Utilities to construct a road bore for electrical facility on Brazos County property parallel to FM 1687, also known as Sandy Point is located in Precinct 4. F FUNDS: N/A ENTS: NOrk will be permitted between front slope and/or back slope. ~stallation(s) shall be constructed in designated utility easements, if applicable. If no utility .~nt exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or ~e case of a road bore, perpendicular to the right-of-way line. .~aring of brush, trees and other obstruction is necessary, it shall be the Applicant's ~ibility to do so and to remove all cleared brush, trees etc. from county right-of-way. h line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be ted by an independent geotechnical testing firm; copies of all test results shall be furnished to :e of the Brazos County Engineer. struction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control ; for Streets and Highways, published by the Texas Department of Transportation, and all other id Federal laws goveming utility construction. EPTIONR: :~UESTED OR ALTERNATIVES: _Richard F. ~'~ance, P.E. C~issio~er C~arey Caule~ County Engl~eer Precinct 4 / CC04-051 It ~ This Reque~t_j,%Approved/~Denied 1-1 by Commissioners' Court Date: ~ VOL ,~ PAGE 04/23/04 REQUE TO Formal noti, place a (typl Brazos Cour The location copies of the I understand d agree that: 1. The C, constru actual 2. All da original 3. Brazos any suc or right- 4, Brazos occur tc 5. The accord8 Texas 6. The lin~ than th< "eonsid~ 7. All site,, Construction o~ APPROVED B' COMMISSIONERS' COURT Obi: In_ Randy Sims, C, ~ty'-Judge / 10:37 ~'409 775 0453 BRAZOS CO RD&BR T FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF.WAY IE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 0,2 is hereby given that (applicant) ~'~-/--'/ proposes Z~r' c~' wimin me right~r-wa7 or (road) / ~'~ lescription of the proposed installation is more ~lly shown bY 3 a~ngs a~ched to this no, ce. ~ty Engineer must be notified 72 hours prior to the beginning of :ion in order that he, or his designated inspector, may inspect the ~tallation. :lc to the roadways and rights-of-way will be repaired to their ondition to the satisfaction of the County Engineer, ounty reserves the right to require Applicant to relocate or lower line at no cost to Brazos County. should same become y due to widening or lowering, or other alteration of the roadway F-way. ounty will in no way be responsible for any damage which might lny existing utility lines in the right-of-way. viii be constructed and maintained on the County right-of-way in ce with the Utility Accommodation Policy which was adopted by the 3artrnent of Transportation on May 29, 1989. r lines will be constructed no less than twenty-four inches (24") lower 3west part of the drainage or bar ditch and the drainage is to be d at least two feet (2') below the center of the roadway. ~ill be barricaded dudng the construction pedod, his line will begin on or after the/5'/~day of~, 20~, Investigate Nu STATE OF COUNTY O That Brazos Cc receipt and surf corporation, doit way upon, unde property (the "Pr (Descdb BEING all that ( S F Austin Sur (herein the "Pr( I=IEGINNING at understanding I The width of thi~ The Easement Ar 1. BTU has the remove and remove Utilit, Easement of number transformers, electric ener.c 2. BTU has the underbrush Utility Faciliti( 3. The Grantor place or mair the Easemen purposes set driveways, all 4. BTU has the Easement. TI 5. Grantor ackn( dghts granted 6. Grantor bind., singular, the 7. Grantor cove unqualified dg ~ber: 0310C02780 Map Number: 228-384 RIGHT OF WA Y EASEMENT EXAS} ,BRAZOS} KNOW ALL MEN BY THESE PRESENTS nb/ Commissioners Court, hereinafter called the Grantors, for a good and valuable consideration, the iency of which is hereby acknowledged, do grant unto the City of Bryan, a Texas home rule municipal business as "Bryan Texas Utilities" ("BTU") and to its successors and assigns, an easement and right-of- over, and across property owned by Grantor and located in the County of Brazos, State of Texas, which )er¥) is described as follOws: " only the part of Grantors Property covered by this easement) rtain 22.492 acres, Lot 1, Block 1, Brazos County Complex, Phase 1 on Sandy Point Rd. in the ~, A - 62 in Brazos County, Texas er¥) · n existing pole shown on the attached exhibit "A". Said easement will be granted with the at BTU will pay for any relocation of this underground line in the future if it becomes necessary. easement hereby granted is described as follows:10'. ] granted by this instrument (the "Easement") is subject to the following conditions: ght to install, operate, relocate, construct, reconstruct, add to, maintain, inspect, patrol, enlarge, repair, ;place Utility Facilities upon, over, under, and across the Property included in the Easement and to Facilities from the Property, and the dght of ingress and egress on Grantor's property adjacent to the he same purposes. For purposes of the Easement, the phrase "Utility Facilities" shall include a vadable cables, conductors or wires, insulators, cross arms, protective devices, meters, terminal boxes, ;tructures, poles, props, guys, anchors, conduit, and other necessary and desirable devices relating to and/or communication. ight to trim and/or remove, from the Easement, without payment due to Grantor, all trees, branches, any other obstruction which might endanger or interfere with the operation, safety, or efficiency of the on the Property on which the Easement is located. venants for itself, his or her personal representatives executors, and/or successors and assigns, not to fin any building, structure, or any other obstruction o;~ or within the Easement, or to use the surface of Area for any purpose that would interfere with or prevent the use by BTU of the Easement for the )rth herein. The Grantor shall have the right to use the surface of the Easement for streets, roads, ~s, walks, gardens, lawns, plantings or park areas and any other like uses. ght to assign all or part of the rights granted to it, pursuant to this Agreement it receives under the : Easement will inure to the benefit of BTU and BTU's successors and assigns. fledges and agrees that the location of the Easement is based only on preliminary surveys and that the ' this Easement shall apply to the actual location of Utility Facilities, when constructed. rantor and Grantor's heirs, successors, and assigns to WARRANT and FOREVER DEFEND, all and hts and premises granted to BTU by this instrument. ~. ~nts, represents and warrants that Grantor has good and marketable title to the Property and the : to grant the privileges contained herein. Page 1 of 2 VOL i Investigate Number: 0310C02780 Map Number: 228-384 IN WITNESS WH~REOF, the Grantors execute this instrument this ( I+/~' day of Brazos C"~unty ~i~sioners Coud STATE OF COUN~ Before me, Be un~Bigned authori~, on this day personally appeared ~V ~ whose subscribed to the~regoing ins~ment and acknowledged to me that ' exerted the same for the ~nsidem~ ,h~r~n.;xpres~e~ Give~ under my hand and seal of o~;e~ .J ~ day of ~, AD 20~. "°~W Public/StaJ~ of name purposes is and DEPART DATE OF ITEM: Pc Lane for ! erosion c~ Precinct; SOURCE PRESENt Ar Iai dr~ ALTERN~ BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM IENT Road and Bridge NUMBER 560010 COURT MEETING: May 11,2004 'mission to enter private property owned by Gloria V. White located off Rabbit e purpose of reshaping the drainage channel for more effective drainage and ~trol for the health, safety and welfare of the general public. Site is located in )F FUNDS: ~,TION: N/A fence and water gaps built on the property become the property of the owner and any repairs needed after construction will be the sole onsibility and cost of the land owner. The County will maintain the ~age channel as needed to control drainage and erosion. 'IVES: SUBMITT D BY: County Engineer This Re~ ~,/' (or) Denied ~ Date: ~ Rart~y~s, C~unty Judge APPROVED BY: Commissioner Duane Peters Precinct 2 .by Commissioners' Court Tony Jon Commis~, Kenny Commiss II. III. tl tl g~ n~ G' IV. (Owner Richard County Owner BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sims County Judge Duane Peter net Pet 1 Commissioner Pct 2 lard Carey Cauley, Jr. ncr Pet 3 Commissioner Pct 4 Date April 12. 2004 .AND OWNER AND ADDRESS Gloria V. White 5543 Elm Springs Drive Houston, Texas 77048 .OCATIONOFWORK Rabbit Lane - see attached Field Notes )ESCRIPTION OF WORK TO BE DONE Permission to enter property at area described in the attached Field Notes for the purpose of reshaping channel for drainage and erosion control purposes· Any fence and water s built on pr~ercy become, the property of the l~d uwuer ~d a~y repairs ~ded after~n~£uction will be the sole responsib~lityand cost of the land ~er. 'IAINTENANCE YES x NO YES, ESTIMATED FREQUENCY OF MAINTENANCE as needed 11 be notified prior to maintenance) · Vance, P.E. / - t~ F,.-;gin¢cr Ag,,e,,,bi-ifiiaii/gight of Way~g~nt ~gineer Date, VOL 56, F' G£ Field notes situated in the L. Mc being part of the call{ Gloria V. White, as n Brazos County, Tex~ follows: COMMENCIN~ the center of Rabbit L acre - Tract No. ~ of Records of Brazos C. THENCE alon~ along or near the beforementioned S 46o 1, S 45° ~ THENCE S 44' 24.39 acre tract, at a di post fence come a total distance of 39 creosote post fence. 44° 11' 56" W - 671.9' THENCE throu with and 70' southwe., N 45° 35' N41°21' N 45° 34' THENCE throug follows: S 12° 51' N 77o 08' N 12° 51'. THENCE S 45°: acre tract and along the right-of-way), for a encompassing an area Bearings based on Tru~ Prep.red 04/12/04 ke~34-02. Gloria V. White Wide Drainage Easement (0.06 ac.) Rabbit Lane Expansion L. McLaughlin Survey, A-38 Brazos County, Texas ~a 0 wide drainage easement (0.06 acre), lying and being q~ughlin Survey, Abstract No. 38, Brazos County, Texas, and 24.39 acre - Tract No. 4A described in the Partition Deed to ~orded in Volume 1304, Page 239, of the Official Records of and said easement being more particularly described as ~t the north corner of the beforementioned 24.39 acre tract ir ,,~e, same being the east corner of the Carter - ca led 122.39 ne abovementioned Vo ume 1304, Page 239, of the Official Jnty, Texas; northeast line of the beforementioned 24.39 acre tract, of Rabbit Lane, same being the northeast line of the ihlin Survey, as follows: for a distance of 544.18 feet, for a distance of609.67feet to the east corner of the 24.39 acre tract; 1' 56" W along the southeast line of the beforementioned of 27.28 feet, pass a s/8" iron rod found at a 4" creosote ~orth comer of a lane known as Gopher Lane, continue on, for iron rod set, from which a ~" iron rod found at 6" ~er marking the south comer of the 24.39 acre tract bears S the interior of the beforementioned 24.39 acre tract, parallel the average fenced northeast line of Rabbit Lane, as follows: W for a distance of 24.45 feet to a ~" iron rod set, W for a distance of 52.28 feet to a ½" iron rod set, W for a distance of 429.76 feet to a nail set at the PLACE OF BEGINNING of this description; the interior of the beforementioned 24.39 acre tract, as I" W for a distance of 34.64 feet, ;)" W for a distance of 50.00 feet, I" E for a distance of 65.36 feet to the proposed · southwest right-of-way line of Rabbit Lane; 04" E through the interior of the beforementioned 24.39 ,' line of Rabbit Lane (70' wide of 58.68 feet to the PLACE OF BEGINNING, 0.06 acre, more or less. iorth, as obtained by Solar Observation. Surveyed December 2003 KLING Kling R.P.LS. No. BRYAN, TEXAS Gloria V. White 90' Wide Drainage Easement (0.12 ac.) Rabbit Lane Expansion L. McLaughlin Survey, A-38 Brazos County, Texas Field notes a 30' wide drainage easement (0.12 acre), lying and being situated in the L. IV .aughlin Survey, Abstract No. 38, Brazos County, Texas, and being part of the call~a~124.39 acre - Tract No. 4A described in the Partition Deed to Gloria V. White, as {~corded in Volume 1304, Page 239, of the Official Records of Brazos County, Te,~s, and said easement being more particularly described as follows: jj COMMENClI~ at the north corner of the beforementioned 24.39 acre tract in the center of Rabbit~ne, same being the east corner of the Carter - ca led 122.39 acre -Tract No. 3 olll~e abovementioned Volume 1304, Page 239, of the Official Records of Brazbs (~tunty, Texas; THENCE alo~ the northeast ne of the beforementioned 24.39 acre tract, along or near the c~hter of Rabbit Lane, same being the northeast line of the beforementioned Survey, as follows: S 46° S 450 THENCE S 24.39 acre tract, at al post fence come a total distance of 39 creosote post fence 44o 11' 56" W - 671. THENCE throL with and 70' southwe.~ N 45° 3 N 41°2 THENCE throt follows: S 74° N 88°: N 01° 2~ S 88° THENCE throL the proposed sou follows: 26" E for a distance of 544.18 feet, 26" E for a distance of 609.67 feet to the east corner of the 24.39 acre tract; 11' 56" W along the southeast line of the beforementioned stance of 27.28 feet, pass a ~/8" iron rod found at a 4" creosote lane known as Gopher Lane, continue on, for :) feet to a ½" iron rod set, from which a ~" iron rod found at 6" Ig the south corner of the 24.39 acre tract bears S feet; h the interior of the beforementioned 24.39 acre tract, parallel e fenced northeast line of Rabbit Lane, as follows: 52" W for a distance of 24.45 feet to a ~" iron rod set, 26" W for a distance of 18.32 feet to a nail set at the PLACE OF BEGINNING of this description; Ih the interior of the beforementioned 24.39 acre tract, as 59" W for a distance of 51.36 feet, 26" W for a distance of 46.83 feet, 34" E for a distance of 80.00 feet, 26" E for a distance of 29.55 feet to the proposed southwest right-of-way line of Rabbit Lane; i the interior of the beforementioned 24.39 acre tract and along ~, right-of-way line of Rabbit Lane (70' wide right-of-way), as S 45° E for a distance of 59.45 feet to a ~" iron rod sat S 41° 21 · BEGINNING, encompassing an area of 0.12 acre, more or less. Bearings based on ~s obtained by Solar Observation. ~~.~.?~+_~ Surveyed December 2003 Prepared 04/12/04 ke~04-02a.'Vabb~-wh~e30ltdrgezmt0 ac.w~ j j KLING ENGINEERING AND SURVEYING ~ I