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Home My WebLink AboutEasements THE ELLISON FIRM ATTORNEYS AT LAW 302 HOLLEMAN DRIVE EAST SUITE 76 COLLEGE STATION,TEXAS 77840-7000 CHARLES A.ELLISON MAILING ADDRESS AMY L.CLOUGH* P.O.BOX 10103 *also licensed in Wisconsin COLLEGE STATION,TEXAS 77842-0103 BRADLEY T.SHARPE JEFFREY C.HARRIS** TELEPHONE: (979)696-9889 **Board Certified-Estate Planning and Probate Law FACSIMILE: (979)693-8819 June 7, 2006 Mr. Trey Fletcher Development Services City of College Station 1101 Texas Avenue South College Station, TX 77840 Re: Weingarten Pre-application Conference Dear Trey: Enclosed herewith please find two (2) Releases of Easement which represent the termination of the access that you had questions about during our pre-application meeting. As discussed, that line was a private access easement and by purchasing all the related tracts,the easement merges into the fee and ceases to exist. If this does not answer your question, please feel free to contact me. Very truly yours, k Char es A. Ellison CAE:bg Enclosures cc: Earl Spencer w/o enclosures { s& Return to• Do,: BP Vol Po University Title Company 00921045 145 DR. 7222 1 P.O, Drawer DT College Station,Texas 77841 cF# ScA f THE STATE OF TEXAS § COUNTY OF BRAZOS § RELEASE OF EASEMENT (Documentation of Termination of Easement by Merger) HOLDER(of Easement): WEINGARTEN REALTY INVESTORS,a Texas real estate investment trust 2600 Citadel Plaza Drive, Suite 300 Houston, Texas 77008 PROPERTY (including any improvements): The remaining portion of that certain easement created and described by Warranty Deed dated July 16, 1976, recorded in Volume 590, Page 24 in the Deed Records of Brazos County,Texas,and more particularly described by metes and bounds on Exhibit A attached hereto (the"Easement"). WHEREAS, Weingarten Realty Investors, a Texas real estate investment trust, ("Weingarten") acquired the dominant estate of the Easement by Special Warranty Deed dated February 17, 2006 from David P. Barker and Carla Barker and found in Volume7151 Page, /1 of the Official Records of Brazos County, Texas; WHEREAS, Weingarten has acquired the servient estate of the Easement by Special Warranty Deed of even date herewith from John Thornton, individually and as Independent Executor of the Estate of Ida Mae Lee; WHEREAS,Weingarten has no further need of the Easement,and the Easement terminates under the doctrine of merger due to the unity of ownership of the dominant and servient estates; NOW THEREFORE, Weingarten Realty Investors, a Texas real estate investment trust, hereby documents the termination of the Easement under the doctrine of merger; and further, Weingarten hereby RELEASES and ABANDONS the Easement in all respects. Effective theote day of March, 2006. WEIN "RTEN REALTY INVESTORS, a Texas real es ate in -st ent trust — ENS By: Legal Name: �, tLOIR, ► • Title: PITIlr ,A Page 1 Doc B1. Vol F9 iU0921045 OR 7222 2 THE STATE OF TEXAS § (ACKNOWLEDGMENT) COUNTY OF HARRIStk § This instrument was acknowledged before me on theme day of AIL �t 2006, by -ii:nbe,oloUMr)V;cplitAirrita" of Weingarten Realty Investors, on behalf of said real estate investment trust. Y PGB MARSHA 0.HARRELL�► _ 0* Notary MIK State of Texas � ��-- - - . My Commission Expires , Notary lic, State of :xas .f of MARCH 02 2008 • PREPARED IN THE LAW OFFICE OF: AFTER RECORDING RETURN TO: The Ellison Firm The Ellison Firm 302 Holleman Drive East, Suite 76 302 Holleman Drive East, Suite 76 College Station,Texas 77840 College Station, Texas 77840 Page 2 ' ..;.1& Return to. Da, p,E; i,nl F'g UnrversttyTttle Company 00921046 OR 7222 4 P.O. Drawer DT College Station,Texas 77841 GFS THE STATE OF TEXAS § COUNTY OF BRAZOS § RELEASE OF EASEMENT (Documentation of Termination of Easement by Merger) HOLDER(of Easement): WEINGARTEN REALTY INVESTORS,a Texas real estate investment trust 2600 Citadel Plaza Drive, Suite 300 Houston, Texas 77008 PROPERTY (including any improvements): The remaining portion of that certain access easement created and described by Warranty Deed dated April 21, 1983, recorded in Volume 572, Page 306 in the Deed Records of Brazos County,Texas, and more particularly described by metes and bounds on Exhibit A attached hereto (the "Easement"). WHEREAS, Weingarten Realty Investors, a Texas real estate investment trust, ("Weingarten") acquired the dominant estate of the Easement by Special Warranty Deed dated December 29, 2005 from M.D. Wheeler, Ltd., a Texas Limited Partnership and found in Volume 7097, Page 158 of the Official Records of Brazos County, Texas; WHEREAS, Weingarten has acquired the servient estate of the Easement by Special Warranty Deed of even date herewith from John Thornton, individually and as Independent Executor of the Estate of Ida Mae Lee; WHEREAS,Weingarten has no further need of the Easement,and the Easement terminates under the doctrine of merger due to the unity of ownership of the dominant and servient estates; NOW THEREFORE, Weingarten Realty Investors, a Texas real estate investment trust, hereby documents the termination of the Easement under the doctrine of merger; and further, Weingarten hereby RELEASES and ABANDONS the Easement in all respects. This Release of Easement has been executed by Holder on the date of the taking of its acknowledgment, but the effective date of this Release of Easement shall be deemed to be March 29, 2006, for all purposes and it shall be effective as of that date. WEING RTEN REALTY INV STORS, Legal a Texas real esta inv tme t trust Name: Octet:A b bwevt►Qv'' Title: V ie.e. tha;r mot" Page 1 Doc Btf Vol Ps 0092104E OR 7222 THE STATE OF TEXAS § (ACKNOWLEDGMENT) COUNTY OF HARRIS § This instrument was acknowledged ' before me on theo� day of /1/42.0t-is... 2006, by i A t T1�elO ilsv Ytt4 V}It ee1o14►(goof Weingarten Realty Investors, on behalf of said real estate investment trust. MARSHA O. HARRELLXd&legl-164- 4. f Notary Public,State of Texas % Commission Expires �,,', MARCH 02 2008, Notary Public, State of Texas PREPARED IN THE LAW OFFICE OF: AFTER RECORDING RETURN TO: The Ellison Firm The Ellison Firm 302 Holleman Drive East, Suite 76 302 Holleman Drive East, Suite 76 College Station, Texas 77840 College Station, Texas 77840 Page 2 Fidelity !National Title Insurance Company Premium Amount Rate Rules Property (bunt• I lability at I'vpc ('ode Reissue Rate 1 I ' 4 5 i S 21 i