HomeMy WebLinkAboutApplication Jun 27 06 01:40p 979-FcY '1213 p.2
For Office1 ' Use Only
P&Z Case No. �fl.t it ( u
Date Submitted: �(1
a:
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ABANDONMENT OF PUBLIC
ROW-OF-WAY/EASEMENT APPLICATION
MINIMUM SUBMITTAL REQUIREMENTS
$300.00 Abandonment of Public Right-of-Way (ROW)/Easement application fee.
--/-
-0LH tta h ..I Ab hdcrune 4 of Public U A completed copy of a+c a.�aii:c=..riuu.:.:.,�.::.,.rt. I'r ROWl1=aSSment application.
Er All exhibits processed (except for Exhibit No. 4, which will be processed by staff).
ADDRESS 1°11, (8k5 Avc,s
LEGAL DESCRIPTION Lot 2 of the Wolf Pen Plaza Subdivision
APPLICANT(Primary Contact for the Project):
Name Natalie Ruiz, IPS Group E-Mail Natalie( ipsgroup.us
Street Address 511 University Drive East, Suite 211
City College Station State Texas Zip Code 77840
Phone Number 979-846-9259 Fax Number 979-846-9259
PROPERTY OWNER'S INFORMATION (if different from above):
Name Bill Mather. Corps Venture, LLC E-Mail billmgridre.com
Street Address 13430 Northwest Freeway. Suite 1000
City Houston State Texas Zip Code 77040
Phone Number 713-705-4525 Fax Number 281-966-1582
The applicant has prepared this application and certifies that the facts stated herein and
exhibits attached hereto are true and correct.
/ / ‘. �
Signature of Owner f Date
APPLICATION FOR
THE ABANDONMENT OF A
PUBLIC RIGHT-OF-WAY/EASEMENT
Date: April 18, 2006
Location of Right-of-Way/Easement to be Abandoned: Two 10' public utility easements
dedicated along the rear of Lot 2 of the Wolf Pen Plaza Subdivision. We are proposing
to replace these easements with two new easements that will cover existing utilities.
Property Owner's Name, Address & Phone Number: See page 1 of application.
TO THE MAYOR AND CITY COUNCIL OF THE CITY OF COLLEGE STATION:
The undersigned hereby makes application for the abandonment of that portion of the
above right-of-way particularly described in Exhibit No. 1, attached. In support of this
application, the undersigned represents and warrants the following:
1. The undersigned will hold the City of College Station harmless, and indemnify it
against all suits, costs, expenses, and damages that may arise or grow out of
such abandonment.
2. Attached, marked Exhibit No. 1, are two sealed metes and bounds descriptions
(dividing the area in half) of the area sought to be abandoned, prepared by a
Registered Public Surveyor.
3. Attached, marked Exhibit No. 2, are two copies of a plat or detailed sketch of that
portion of the public right-of-way/easement sought to be abandoned and the
surrounding area to the nearest streets in all directions, showing the abutting lots
and block, and the subdivision in which the above described right-of-
way/easement is situated, together with the record owners of such lots.
4. Attached, marked Exhibit No. 3, is the consent of all public utilities to the
abandonment.
5. Attached, marked Exhibit No. 4, is the consent of the City of College Station staff
to the abandonment.
6. Attached, marked Exhibit No. 5, is the consent of all the abutting property
owners, except the following: (if none, so state)
There are two abutting property owners who have not signed the application.
We have been working with both owners for several months with no success. In
April, both property owners were mailed a copy of the application with a letter
- 2 -
explaining our request to simply dedicate easements to cover existing utilities
and abandon easements where utilities do not exist. The owner of the Wolf Pen
Plaza retail center, Triple Net Properties of Aurora, Colorado, is in the process of
selling the property. They are not willing to sign the abandonment application
and have referred us to the purchaser of the property. However, the purchaser
of the shopping center does not own the property and cannot sign the
application. We have e-mail documentation of our efforts to obtain their
signature and their refusal to do so, if needed. The second abutting property
owner, Israel Martinez, Sr., owns the Jot 59 Cleaners and lives in Laredo, Texas.
We visited with his son, Israel Martinez, Jr. who manages the cleaners. We also
walked the property with him to explain exactly which easements we were
abandoning and dedicating. Mr. Martinez stated that he didn't have a problem
with our request; however, he wanted his attorney to review the application.
Since that time, our telephone calls have not been returned and the cleaners is
currently closed until June 29th
- 3 -
Jun 27 06 01:40p 979-603-1213 p.3
7. Such public right-of-way/easement should be abandoned because:
The existing 10' utility easements are not being utilized and were dedicated by
plat with the original Pooh's Park development. With this application, we are
proposing to eliminate the two existing easements and dedicate two new
easements to adequately cover the utilities that exist on the property. Once the
new easements are dedicated, the blanket easement should also be released
that was originally dedicated with the development of the Wolf Pen Plaza
shopping center.
8. Such public right-of-way/easement has been and is being used as follows:
Both easements are primarily vacant except for a small portion of a pad-mounted
transformer that is included in the newly dedicated easements along the rear of
the property.
I swear that all of the information contained in this application is true and correct to the
best of my knowledge and belief.
Owner's Signature: -r":7
Bill Mather, Corps Venture, LLC
STATE OF TEXAS )
COUNTY OF BRAZOS ) ACKNOWLEDGMENT
-Subscribed and sworn to before me, a Notary Public, this (lday of
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Jun 27 06 01,40p 979-Fc' 213 p.2
For •f,,ca Us. Orily
i PtiZ Case No.'Lt"
Date Sulxnitter MN I_
t;
ABANDONMENT OF PUBLIC
ROW-OF-WAY/EASEMENT APPLICATION
MINIMUM SUBMITTAL REQUIREMENTS
E $300.00 Abandonment of Public Right-of-Way (ROW)iEasement application fee.
A completed copy a the attached Abandonment of Public ROW/Easement application.
Er All exhibits processed (except for Exhibit No.4, which will be processed by staff).
ADDRESS- 1115 mc ik L s .
LEGAL DESCRIPTION Lot 2 of the Wolf Pen Plaza Subdivision
APPLICANT(Primary Contact for ttie Project):
!Jame Natalie Ruiz.IPS Group E-Mail NatalieCTiosoroup.us
Street Address 511 University Drive East Suite 211
City College Station State Texas Zip Code 77840
Phone Number 979446-9259 Fax Number 979-846-9259
PROPERTY OWNER'S INFORMATION(if different from above):
Name Bill Mather. Corps Venture. LLC - E-Mail billmgboridre.com
Street Address 13430 Northwest Freeway.Suite 1000
City Houston State Texas Zip Code 77040
Phone Number 713-705-4525 Fax Number 281-966-1692
The applicant has prepared this application and certifies that the facts stated herein and
exhibits attached hereto are true and correct.
,Z,','" ,fZ j ‘ , 6-/7-Xa d
Signature of Owner Date
APPLICATION FOR
THE ABANDONMENT OF A
PUBLIC RIGHT-OF-WAY/EASEMENT
Date: April 18, 2006
Location of Right-of-Way/Easement to be Abandoned: Two 10' public utility easements
dedicated along the rear of Lot 2 of the Wolf Pen Plaza Subdivision. We are proposing
to replace these easements with two new easements that will cover existing utilities.
Property Owner's Name, Address & Phone Number See page 1 of application.
TO THE MAYOR AND CITY COUNCIL OF THE CITY OF COLLEGE STATION:
The undersigned hereby makes application for the abandonment of that portion of the
above right-of-way particularly described in Exhibit No. 1, attached. In support of this
application, the undersigned represents and warrants the following:
1. The undersigned will hold the City of College Station harmless, and indemnify it
against all suits, costs, expenses, and damages that may arise or grow out of
such abandonment.
2. Attached, marked Exhibit No. 1, are two sealed metes and bounds descriptions
(dividing the area in half) of the area sought to be abandoned, prepared by a
Registered Public Surveyor.
3. Attached, marked Exhibit No. 2, are two copies of a plat or detailed sketch of that
portion of the public right-of-way/easement sought to be abandoned and the
surrounding area to the nearest streets in all directions, showing the abutting lots
and block, and the subdivision in which the above described right-of-
way/easement is situated, together with the record owners of such lots.
4. Attached, marked Exhibit No. 3, is the consent of all public utilities to the
abandonment.
5. Attached, marked Exhibit No. 4, is the consent of the City of College Station staff
to the abandonment.
6. Attached, marked Exhibit No. 5, is the consent of all the abutting property
owners, except the following: (if none, so state)
There are two abutting property owners who have not signed the application.
We have been working with both owners for several months with no success. In
April, both property owners were mailed a copy of the application with a letter
-2 -
explaining our request to simply dedicate easements to cover existing utilities
and abandon easements where utilities do not exist. The owner of the Wolf Pen
Plaza retail center, Triple Net Properties of Aurora, Colorado`is in the process of
selling the property. The are not willin• to si•n the abandonment a• •lication
and have referred us to the purchaser of the property. However, the purchaser
of the shopping center does not own the property and cannot sign the
application. We have e-mail documentation of our efforts to obtain their
signature and their refusal to do so, if needed. The second abutting property
owner, Israel Martinez. Sr., owns the Jot 59 Cleaners and lives in Laredo. Texas.
We visited with his son, Israel Martinez, Jr. who manages the cleaners. We also
walked the property with him to explain exactly which easements we were
abandoning and dedicating. Mr. Martinez stated that he didn't have a problem
with our request; however, he wanted his attorney to review the application.
Since that time, our telephone calls have not been returned and the cleaners is
currently closed until June 29th
- 3-
' Jun 27 06 01:40p 979-6(13-1213 p.3
7. Such public right-of-way/easement should be abandoned because:
The existing 10' utility easements are not being utilized and were dedicated by
Plat with the original Pooh's Park development. With this application, we are
proposing to eliminate the two existing easements and dedicate two new
easements to adequately cover the utilities that exist on the property. Once the
new easements are dedicated, the blanket easement should also be released
that was originally dedicated with the development of the Wolf Pen Plaza
shopping center.
8. Such public right-0i wayleasement has been and is being used as follows:
Both easements are primarily vacant except for a small portion of a pad-mounted
transformer that is included in the newly dedicated easements along the rear of
the property.
I swear that all of the information contained in this application is true and correct to the
best of my knowledge and belief.
Owner's Signature: /.1'.-----, ,.'/#4 ;"°?,(1;r0-7 /7- ____
. Bill Mather, Corps Venture, LLC
STATE OF TEXAS )
} ACKNOWLEDGMENT
COUNTY of BRAZOS )
.. Subscribed and sworn to before me, a Notary Public, this ,, day of
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.-llJlr.^..e! -4111J.' '---1 Nota Public in and or
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_ NOTARY PUFL{c.F- ''..%C'S I
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Application for Abandonment of
a Public Right-of-Way/Easement
Located: Lot 2, Wolf Pen Plaza Subdivision
EXHIBIT NO. 1
Attached are two sealed copies of the metes and bounds description (dividing the area
in half) of the public right-of-way/easement situated in the Wolf Pen Plaza
Addition/Subdivision to the City of College Station, Brazos County, Texas, sought to be
abandoned.
This exhibit is not applicable to this property. The entirety of both utility easements are
contained within this lot. There is no need to abandon half of the easement to an
adjacent property owner.
- 4 -
Application for Abandonment of
a Public Right-of-Way/Easement
Located: Lot 2, Wolf Pen Plaza Subdivision
EXHIBIT NO. 2
Attached are two copies of a plat or detailed sketch of the public right-of-way/easement
sought to be abandoned in the above-mentioned application, showing the surrounding
area to the nearest streets in all directions, abutting lots, the block or blocks in which
the portion of the public right-of-way/easement sought to be vacated is situated, and the
addition or subdivision in which the portion of the public right-of-way/easement sought
to be abandoned is situated. Also, the names of record owners of the abutting lots are
shown.
- 5 -
Joe Orr, Inc.
Surveyors&Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690-3378
Proposed Easement Abandonment
Lot 2—Wolf Pen Plaza
Morgan Rector League
College Station, Texas
17 April 2006
All that certain tract or parcel of land lying and being situated in the Morgan Rector
League, Abstract No. 46, in College Station, Brazos County, Texas, and a part of Lot 2 of
Wolf Pen Plaza addition to the City of College Station, Texas, according to plat of record
in Volume 3588, Page 47 of the Official Public Records of Brazos County, Texas, being
a part of those Utility Easements shown on plats of Pooh's Park recorded in Volume 384,
Page 867 and Volume 419, Page 39 of the Deed Records of Brazos County, Texas, and,
being more particularly described as follows:
Beginning in the northeast line of the said Lot 2 in Wolf Pen Plaza S 48° 25' 19"E—5.45
feet from a magnail found in the asphalt pavement at the most northerly corner of the said
Lot 2.
Thence S 48° 25' 19" E — 20.00 feet along the northeast line of the said Lot 2 to the
southeast line of the 20' wide utility easement shown on plat recorded in Volume 384,
Page 867 of the Deed Records of Brazos County, Texas;
Thence S 41° 31' 31" W — 66.61 feet along the southeast line of said easement to an
angle point;
Thence S 44° 10' 08" W — 112.45 feet continuing through the said Lot 2 and along the
southeast line of the 10' wide utility easement shown on plat recorded in Volume 419,
Page 39 of the Deed Records of Brazos County, Texas, to the southwest line of the said
Lot 2 of Wolf Pen Plaza;
Thence N 48° 28' 29" W— 10.01 feet along the line between the said Lot 2 of Wolf Pen
Plaza and Lot 2 Block 3 of the Resubdivision of Lots 1,2,3 & 4 of Pooh's Park
Subdivision Section One to the northwest line of said 10' wide utility easement;
Thence N 44° 10' 08" E — 112.68 feet through the said Lot 2 of Wolf Pen Plaza and
along the northwest line of said 10' wide utility easement to the line between Lot 4 in
Block 3 and Lot 1 in Block 4 on Resubdivision of Pooh's Park Section One recorded in
Volume 384,Page 867 of the Deed Records of Brazos County, Texas;
Easement Abandonment Lot 2 Wolf Pen Plaza Page 1 of 2
Thence N 49° 41' 16" W— 10.00 feet along an extension of the southwest line of the said
Lot 1 in Block 4 of Pooh's Park Resubdivision to the most westerly corner of said 20'
wide easement;
Thence N 41° 31' 31" E— 66.31 feet through the said Lot 2 of Wolf Pen Plaza and along
the northwest line of the said 20' wide utility easement to the Point of Beginning and
containing 0.056 acres of land more or less.
Bearings are based on the plat of Wolf Pen Plaza recorded in Volume 3588, Page 47 as
fitted to the monuments found on the northwest line of Lot 2.
See survey plat prepared with this written description and dated 14 April 2006.
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Easement Abandonment Lot 2 Wolf Pen Plaza Page 2 of 2
Application for Abandonment of
a Public Right-of-Way/Easement
Located: Lot 2, Wolf Pen Plaza Subdivision
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and
provisions of our respective franchises with the City of College Station, that portion of
the public right-of-way/utility easement sought to be abandoned in the Application for
Abandonment above referred to, do hereby consent to the abandonment of the
described portion thereof.
ATMOS GAS COMPANY
BY: ) Ai(
Title y r.._.Q.fzir
VERIZON TELEPHONE COMPANY
BY:
Title
COX COMMUNICATIONS
BY:
Title
- 6 -
Application for Abandonment of
a Public Right-of-Way/Easement
Located: Lot 2, Wolf Pen Plaza Subdivision
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and
provisions of our respective franchises with the City of College Station, that portion of
the public right-of-way/utility easement sought to be abandoned in the Application for
Abandonment above referred to, do hereby consent to the abandonment of the
described portion thereof.
ATMOS GAS COMPANY
BY:
Title
VERIZON TELEPHONE COMPANY
BY: I
Tftlrr .end✓sem ,j J /2'/< •t ...ee•�
COX COMMUNICATIONS
BY:
Title
- 6 -
Application for Abandonment of
a Public Right-of-Way/Easement
Located: Lot 2, Wolf Pen Plaza Subdivision
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and
provisions of our respective franchises with the City of College Station, that portion of
the public right-of-way/utility easement sought to be abandoned in the Application for
Abandonment above referred to, do hereby consent to the abandonment of the
described portion thereof.
ATMOS GAS COMPANY
BY:
Title
VERIZON TELEPHONE COMPANY
BY:
Title
COX COMMUNICATIONS
BY:
Title ('L►.1 1 /SLA.
-6 -
JUL-03-2006 MON 11 :41 AM FAX NO. P. 01
Application for Abandonment of
a Public Right-of Waylement
Located: r J,(9 1-1aLJNEL___CW- -S
--
EXHIBIT NO. 4
The undersigned, City staff of the City of College Station, certify that they have carefully
considered the Application for Abandonment of the public right-of-way/easement
referred to above from the standpoint of City of College Station ordinances and with
-spect to present and future needs of the City of College Station and see no objection
1 • the requested abandonment from the City's standpoint,
City Engineer Building Official
City of College Station City of College Station
Zoning Official Fire Marshal
City of College Station City of College Station
Electric Department Water Services Department
City of College Station City of College Station
7-
Application for Abandonment of
a Public R' ht-of-Way/ement
Located: q � &kbl . PcikKQ -
S
EXHIBIT NO. 4
The undersigned, City staff of the City of College Station, certify that they have carefully
considered the Application for Abandonment of the public right-of-way/easement
referred to above from the standpoint of City of College Station ordinances and with
respect to present and future needs of the City of College Station and see no objection
to the requested abandonment from the City's standpoint.
1 C__ A,\ .
City Engineer Building Official
City of College Station City of College Station
t--
Zoning Official Fire Marshal
City of College Station City of College Station
r
1� ll .!
ectri•ig epartment , Water Services Department
City of College Station G City of College Station
-7 -
07/05/06 WED 09:13 FAX 979 764 3403 CS FIRE DEPT. Z010
0
Application for Abandonment of
a Public Rrq16
ht-of-Waylr Easement
Located: I '41Li2
EXHIBIT NO. 4
The undersigned, City staff of the City of College Station, certify that they have carefully
considered the Application for Abandonment of the public right-of-way/easement
referred to above from the standpoint of City of College Station ordinances and with
respect to present and future needs of the City of College Station and see no objection
to the requested abandonment from the City's standpoint.
City Engineer Building Official
City of College Station City of College Station
Zoning Official Fire Marshal
City of College Station City of College Station
Electric Department Water Services Department
City of College Station City of College Station
-7-
07/10/2006 13:17 FAX 979 764 3452 COLLEGE STATION PUB.UTL. Z001
NNW
AA alit,�,,' 500
Application for Abandonment of
a Public R rq/
ht-of-Way/ement
Located: D -S
EXHIBIT NO. 4
The undersigned, City staff of the City of College Station, certify that they have carefully
considered the Application for Abandonment of the public right-of-way/easement
referred to above from the standpoint of City of College Station ordinances and with
respect to present and future needs of the City of College Station and see no objection
to the requested abandonment from the City's standpoint.
City Engineer Building Official
City of College Station City of College Station
Zoning Official Fire Marshal
City of College Station City of College Station
Q0 (7 0(:.„-
Electric Department Water Services Department
epartment
City of College Station City of College Station
-7 -
Application for Abandonment of
a Public Right-of-Way/Easement
Located: Lot 2, Wolf Pen Plaza Subdivision
EXHIBIT NO. 5
The undersigned, owners of property abutting upon that portion of the public right-of-
way/easement named and described in the Application for Abandonment of a Public
Right-of-Way/Easement referred to above, do hereby consent to such abandonment.
Consent of the following two abutting property owners was not obtained. See detailed
explanation on page 2, question #6.
Name: Israel & Micaela Martinez
Address: 1810 Lowry Road
Laredo, Texas 78045-7043
Name: NNN Wolf Pen Plaza, LLC Etal
Address: P. O. Box 441069
Aurora, CO 80044-1069
Application for Abandonment of
a Public Right-of-Way/Easement
Located: Lot 2. Wolf Pen Plaza Subdivision
EXHIBIT NO. 1
Attached are two sealed copies of the metes and bounds description (dividing the area
in half) of the public right-of-way/easement situated in the Wolf Pen Plaza
Addition/Subdivision to the City of College Station, Brazos County, Texas, sought to be
abandoned.
This exhibit is not applicable to this property. The entirety of both utility easements am
contained within this lot. There is no need to abandon half of the easement to an
adjacent property owner.
-4 -
Joe Orr, Inc.
Surveyors&Engineers
2167 Post Oak Circle
College Station, TX 77845
(979)690-3378
Proposed Easement Abandonment
Lot 2-Wolf Pen Plaza
Morgan Rector League
College Station,Texas
17 April 2006
All that certain tract or parcel of land lying and being situated in the Morgan Rector
League,Abstract No. 46, in College Station, Brazos County, Texas, and a part of Lot 2 of
Wolf Pen Plaza addition to the City of College Station, Texas,according to plat of record
in Volume 3588, Page 47 of the Official Public Records of Brazos County, Texas, being
a part of those Utility Easements shown on plats of Pooh's Park recorded in Volume 384,
Page 867 and Volume 419, Page 39 of the Deed Records of Brazos County, Texas, and
being more particularly described as follows:
Beginning in the northeast line of the said Lot 2 in Wolf Pen Plaza S 48°25' 19"E--5.45
feet from a magnail found in the asphalt pavement at the most northerly corner of the said
Lot 2.
Thence S 48° 25' 19" E -- 20.00 feet along the northeast line of the said Lot 2 to the
southeast line of the 20' wide utility easement shown on plat recorded in Volume 384,
Page 867 of the Deed Records of Brazos County,Texas;
Thence S 41° 31' 31" W - 66.61 feet along the southeast line of said easement to an
angle point;
Thence S 44° 10' 08" W - 112.45 feet continuing through the said Lot 2 and along the
southeast line of the 10' wide utility easement shown on plat recorded in Volume 419,
Page 39 of the Deed Records of Brazos County, Texas, to the southwest line of the said
Lot 2 of Wolf Pen Plaza;
Thence N 48° 28' 29" W- 10.01 feet along the line between the said Lot 2 of Wolf Pen
Plaza and Lot 2 Block 3 of the Resubdivision of Lots 1,2,3 & 4 of Pooh's Park
Subdivision Section One to the northwest line of said 10' wide utility easement;
Thence N 44° 10' 08" E - 112.68 feet through the said Lot 2 of Wolf Pen Plaza and
along the northwest line of said 10' wide utility easement to the line between Lot 4 in
Block 3 and Lot 1 in Block 4 on Resubdivision of Pooh's Park Section One recorded in
Volume 384, Page 867 of the Deed Records of Brazos County, Texas;
Easement Abandonment Lot 2 wolf Pen Plaza Page I of 2
Thence N 49° 41' 16"W— 10.00 feet along an extension of the southwest line of the said
Lot 1 in BIock 4 of Pooh's Park Resubdivision to the most westerly corner of said 20'
wide easement;
Thence N 41° 31' 31" E —66.31 feet through the said Lot 2 of Wolf Pen Plaza and along
the northwest line of the said 20' wide utility easement to the Point of Beginning and
containing 0.056 acres of land more or less.
Bearings are based on the plat of Wolf Pen Plaza recorded in Volume 3588, Page 47 as
fitted to the monuments found on the northwest line of Lot 2.
See survey plat prepared with this written description and dated 14 April 2006.
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Easement Abandonment Lot 2 Wolf Pen P}aza Page 2 of 2
Application for Abandonment of
a Public Right-of-Way/Easement
Located: Lot 2, Wolf Pen Plaza Subdivision
EXHIBIT NO. 2
Attached are two copies of a plat or detailed sketch of the public right-of-way/easement
sought to be abandoned in the above-mentioned application, showing the surrounding
area to the nearest streets in all directions, abutting lots, the block or blocks in which
the portion of the public right-of-way/easement sought to be vacated is situated, and the
addition or subdivision in which the portion of the public right-of-way/easement sought
to be abandoned is situated. Also, the names of record owners of the abutting lots are
shown.
- 5 -
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Application for Abandonment of
a Public Right-of-Way/Easement
Located: Lot 2, Wolf Pen Plaza Subdivision
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and
provisions of our respective franchises with the City of College Station, that portion of
the public right-of-way/utility easement sought to be abandoned in the Application for
Abandonment above referred to, do hereby consent to the abandonment of the
described portion thereof.
ATMOS GAS COMPANY
BY:
Title --►cy K-.-e .e. r
VERIZON TELEPHONE COMPANY
BY:
Title
COX COMMUNICATIONS
BY:
Title
- 6 -
Application for Abandonment of
a Public Right-of-Way/Easement
Located: Lot 2, Wolf Pen Plaza Subdivision
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and
provisions of our respective franchises with the City of College Station, that portion of
the public right-of-way/utility easement sought to be abandoned in the Application for
Abandonment above referred to, do hereby consent to the abandonment of the
described portion thereof.
ATMOS GAS COMPANY
BY:
Title
VERIZON TELEPHONE COMPANY
BY: ,�
Title y1n✓Jsa"- �lr,Tir�2+YC n .:.aen J
COX COMMUNICATIONS
BY:
Title
-6-
Application for Abandonment of
a Public Right-of-Way/Easement
Located: Lot 2, Wolf Pen Plaza Subdivision
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and
provisions of our respective franchises with the City of College Station, that portion of
the public right-of-way/utility easement sought to be abandoned in the Application for
Abandonment above referred to, do hereby consent to the abandonment of the
described portion thereof.
ATMOS GAS COMPANY
BY:
Title
VERIZON TELEPHONE COMPANY
BY:
Title
COX COMMUNICATIONS
BY:
Title PL.�, �L �-� .rl-pc
-6-
• JUL-03-2006 MON 11 :41 All FAX NO. P. 01
Application for Abandonment of
a Public R' ht-of-Waylrnent
Located: -S
L i
EXHIBIT NO.4
The undersigned, City staff of the City of College Station, certify that they have carefully
considered the Application for Abandonment of the public right-of-way/easement
referred to above from the standpoint of City of College Station ordinances and with
•sped to present and future needs of the City of College Station and see no objection
the requested abandonment from the City's standpoint.
I
City ngineer blinding Official
City of College Statin City of College Station
•
Zoning Official Fire Marshal
City of College Station City of College Station
Electric Department — Water Servs Department
City of College Station City of College Station
-7-
Application for Abandonment of
a Public R' ht-of-Way ement
Located: 610
.S
EXHIBIT NO. 4
The undersigned, City staff of the City of College Station, certify that they have carefully
considered the Application for Abandonment of the public right-of-way/easement
referred to above from the standpoint of City of College Station ordinances and with
respect to present and future needs of the City of College Station and see no objection
to the requested abandonment from the City's standpoint.
I C .Rii. ,
City Engineer Building Official
City of College Station City of College Station
--r----
Zoning
Zoning Official Fire Marshal
City of College Station City of College Station
r
..A ►i 11 ._./
ectri Jr epartment 6 Water Services Department
City of College Station7/I,� Gro City of College Station
-7 -
lit 010
07/05/06 WED 09:13 FAX 979 764 3403
CS FIRE DEPT.
Application for Abandonment of
a Public R' ht-of-WayrlE,aaement
Located: -~S .�
EXHIBIT NO. 4
The undersigned, City staff of the City of College Station,certify that they have carefully
considered the Application for Abandonment of the public right-of-wayleasement
referred to above from the standpoint of City of College Station ordinances and with
respect to present and future needs of the City of College Station and see no objection
to the requested abandonment from the Citys standpoint.
City Engineer Buildingitis
City of College Station City of College Station
Zoning Official Fire arshal
City of College Station City of College Station
Electric Department Dates Services Oepartmenf
City of College Station City of College Station
-7-
07/10/2006 13:17 FAX 979 764 3452 COLLEGE STATION PUB.UTL, 001
/tkOhtJ 50°
Application for Abandonment of
a Public Rpht-of-WajyIE„lasement
Located: ! >��G PA/U2 s
EXHIBIT NO. 4
The undersigned, City staff of the City of College Station, certify that they have carefully
considered the Application for Abandonment of the public right-of-way/easement
referred to above from the standpoint of City of College Station ordinances and with
respect to present and future needs of the City of College Station and see no objection
to the requested abandonment from the City's standpoint.
City Engineer Building Official
City of College Station City of College Station
Zoning Official Fire Marshal
City of College Station City of College Station
i
(Da/C-iDC,.
Electric Department Water Services Department
City of College Station City of College Station
_7_
Application for Abandonment of
a Public Right-of-Way/Easement
Located: Lot 2, Wolf Pen Plaza Subdivision
EXHIBIT NO. 5
The undersigned, owners of property abutting upon that portion of the public right-of-
way/easement named and described in the Application for Abandonment of a Public
Right-of-Way/Easement referred to above, do hereby consent to such abandonment.
Consent of the following two abutting property owners was not obtained. See detailed
explanation on page 2, question #6.
Name: Israel & Micaela Martinez
Address: 1810 Lowry Road
Laredo, Texas 78045-7043
Name: NNN Wolf Pen Plaza, LLC Etal
Address: P. O. Box 441069
Aurora, CO 80044-1069
l ) ; `)
Joe Orr,Inc.
Surveyors&Engineers
2167 Post Oak Circle
College Station,TX 77845
(979) 690-3378
Proposed Easement Abandonment
Lot 2 —Wolf Pen Plaza
Morgan Rector League
College Station,Texas
17 April 2006
All that certain tract or parcel of land lying and being situated in the Morgan Rector
League,Abstract No.46,in College Station,Brazos County, Texas, and a part of Lot 2 of
Wolf Pen Plaza addition to the City of College Station, Texas,according to plat of record
in Volume 3588,Page 47 of the Official Public Records of Brazos County, Texas, being
a part of those Utility Easements shown on plats of Pooh's Park recorded in Volume 384,
Page 867 and Volume 419, Page 39 of the Deed Records of Brazos County, Texas, and
being more particularly described as follows:
Beginning in the northeast line of the said Lot 2 in Wolf Pen Plaza S 48°25' 19"B—5.45
feet from a magnail found in the asphalt pavement at the most northerly corner of the said
Lot 2.
Thence S 48° 25' 19" E — 20.00 feet along the northeast line of the said Lot 2 to the
southeast line of the 20' wide utility easement shown on plat recorded in Volume 384,
Page 867 of the Deed Records of Brazos County, Texas;
Thence S 41' 31' 31" W -- 66.61 feet along the southeast line of said easement to an
angle point;
Thence S 440 10' 08" W— 112.5 feet continuing through the said Lot 2 and along the
southeast line of the 10' wide utility easement shown on plat recorded in Volume 419,
Page 39 of the Deed Records of Brazos County, Texas, to the southwest line of the said
Lot 2 of Wolf Pen Plaza;
Thence N 48° 28' 29" W— 10.01 feet along the line between the said Lot 2 of Wolf Pen
Plaza and Lot 2 Block 3 of the Resubdivision of Lots 1,2,3 & 4 of Pooh's Park
Subdivision Section One to the northwest line of said 10'wide utility easement;
Thence N 44° 10' 08" E — 112,68 feet through the said Lot 2 of Wolf Pen Plaza and
along the northwest line of said 10' wide utility easement to the line between Lot 4 in
Block 3 and Lot I in Block 4 on Resubdivision of Pooh's Park Section One recorded in
Volume 384,Page 867 of the Deed Records of Brazos County,Texas;
EXHIBIT
Easement Abandrnment Lot 2 Wolf Pen Plaza Page 1 of 2
Thence N 490 41' 16"W— 10.00 feet along an extension of the southwest line of the said
Lot 1 in Block 4 of Pooh's Park Resubdivision to the most westerly corner of said 20'
wide easement;
Thence N 41° 31' 31" E—66.31 feet through the said Lot 2 of Wolf Pen Plaza and along
the northwest line of the said 20' wide utility easement to the Point of Beginning and
containing 0.056 acres of land more or less.
•
Bearings are based on the plat of Wolf Pen Plaza recorded in Volume 3588, Page 47 as
fitted to the monuments found on the northwest line of Lot 2.
See survey plat prepared with this written description and dated 14 April 2006.
.-IiN
,,`
Y� '.� bR'�i j1
-0`.„,4 i..1 . • I� `:X
0 I• T � f'
r' 4 va••a , ,;
.S , 475 q..•, „t
14 7
D S
EXHIBIT
Easement Abandonment Lot 2 Wolf Pen Kam A Page 2 of 2
Joe Orr, Inc.
Surveyors&Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690-3378
Proposed Easement Abandonment ,
Lot 2—Wolf Pen Plaza
Morgan Rector League
College Station,Texas
17 April 2006
All that certain tract or parcel of land lying and being situated in the Morgan Rector
League,Abstract No. 46, in College Station, Brazos County, Texas, and a part of Lot 2 of
Wolf Pen Plaza addition to the City of College Station, Texas, according to plat of record
in Volume 3588, Page 47 of the Official Public Records of Brazos County, Texas, being
a part of those Utility Easements shown on plats of Pooh's Park recorded in Volume 384,
Page 867 and Volume 419, Page 39 of the Deed Records of Brazos County, Texas, and
being more particularly described as follows:
Beginning in the northeast line of the said Lot 2 in Wolf Pen Plaza S 48°25' 19"E—5.45
feet from a magnail found in the asphalt pavement at the most northerly corner of the said
Lot 2.
Thence C along the northeast line of the said Lot 2 to the
asement shown on plat recorded in Volume 384,
County, Texas;
\ c L - along the southeast line of said easement to an
, U1A,7_
EI -6-°1' 1 )ntinuing through the said Lot 2 and along the
merit shown on plat recorded in Volume 419,
county, Texas, to the southwest line of the said
,� h-�v-)?kcu4L the line between the said Lot 2 of Wolf Pen
v r�,� vision of Lots 1,2,3 & 4 of Pooh's Park
v _.use of said 10' wide utility easement;
7 _ , 4.4- 10' 08" E — 112.68 feet through the said Lot 2 of Wolf Pen Plaza and
along the northwest line of said 10' wide utility easement to the line between Lot 4 in
Block 3 and Lot 1 in Block 4 on Resubdivision of Pooh's Park Section One recorded in
Volume 384,Page 867 of the Deed Records of Brazos County, Texas;
EXHIBIT
Easement Abandonment Lot 2 Wolf Pen Plaza Page 1 of 2
Thence N 49° 41' 16"W— 10.00 feet along an extension of the southwest line of the said
Lot 1 in Block 4 of Pooh's Park Resubdivision to the most westerly corner of said 20'
wide easement;
Thence N 41° 31' 31" E— 66.31 feet through the said Lot 2 of Wolf Pen Plaza and along
the northwest line of the said 20' wide utility easement to the Point of Beginning and
containing 0.056 acres of land more or less.
Bearings are based on the plat of Wolf Pen Plaza recorded in Volume 3588, Page 47 as
fitted to the monuments found on the northwest line of Lot 2.
See survey plat prepared with this written description and dated 14 April 2006.
• -',. .'
';tom y `° ^' 4
i'7 ,I
,
r
rta,, j If sou,43 to .,/,,Tri)
tos osA O •'}
ctia
1•0r 475 v '7
40.
1,41•411348
s8s"..,'`y
EXHIBIT
Easement Abandonment Lot 2 Wolf Pen Plaza A Page 2 of 2
979-693-1213 p.1
Sep 05 06 11:02a
Fir
a Group
Ptauning Solution4
511 University Drive, Suite 211
College Station,Texas 77845
979.846.9259
www.ipsgroup.us
FACSIMILE
TO: Carol Cotter, Super City Staff Engineer
FAX# 979-764-3496
FROM: Natalie Ruiz
RE: Wolf Pen Plaza Easement Abandonment
DATE:_ September 5, 2006
PAGES INCLUDING COVER SHEET: 11
Ifyou do not receive all pages in good condition,please call(979)846-9259.
MESSAGE:
Carol,
Attached is the deed of trust for lot 2 of Wolf Pen Plaza showing Grid Texas
Holleman,Ltd. as the owner. I'll e-mail you the letter I sent to surrounding property
owners.
Thanks for all of your help. If you have questions or need more information,please
do not hesitate to contact me.
Natalie
natalie@ipsgroup.us
April 30, 2006
Israel Martinez, Jr.
Jot 59 Cleaners
103 Holleman Drive
College Station, Texas 77840
RE: Cleaning up easements on Lot 2 of the Wolf Pen Plaza Subdivision.
Dear Mr. Martinez,
I'm representing Bill Mather, the buyer of a 1/2 acre tract on Holleman Drive within the
Wolf Pen Plaza subdivision that abuts your property. Bill and I are working together to
prepare the lot for future development and to clean up the easements on the tract —
abandon unused easements and dedicate easements over existing utilities.
We've prepared the necessary paperwork and worked with local utility companies to
ensure that easements will be dedicated where needed. As part of the abandonment
process to release the old easements, the City of College Station requests that we contact
abutting property owners to make them aware of our proposal and ask you to sign the
abandonment application. Attached is a copy of an "Abandonment of Easement"
application from the City of College Station that we would like for you sign agreeing to
abandon two existing easements along the rear of the property. In exchange, we are
proposing to dedicate two new easements along the rear and west property lines to cover
existing utilities. Please let me know if you have any questions or need additional
information. Thank you in advance for your help and I look forward to working with
you.
Sincerely,
Natalie Thomas Ruiz, AICP
Principal
Attachments: Abandonment of Easement Application
Cc: Israel Martinez, Sr., Engineering&Maintenance Manager, Sony Magnetecis
Products of America, 5819 Riverside Drive, Suite 100, Laredo, Texas 78041-2584
SCHEDULE A
Effective Date: March 26,2006 at 8:00 a.m GF NO. t itt;#1 1 ti 1
Cometitment issued April 17. 081)0 a.m.
1. The policy or polis to be i .
(a) OWNER POLICY OF Tra4 INSURANCE(Ponta T-1)
(Not applicable for improved one-to-four tangy residential real estate)
Policy Amount: S475,t .))
PROPOSED INS :
corps Venture.LLC
(b) TEXAS RESIDENTIAL a POLICY OF TITLE INSURANCE
-ONE-TO-FOUR R P A .Y RESIDENCES(Fc T-1R)
Policf Atmt: $
PROPOSED IN :
(c) MORTGAGEE POLICY OF TITLE INSURANCE(FORM T-2)
Policy mount: S
PROPOSED INSURED:
Proposed Bores
(d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY(Fonn T-2R)
Policy Amount: S
PROPOSED INSURED:
Proposed Borrower:
(e) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN(Form T-13)
Binder Amount: S
PROPOSED INSURED:
Proposed Borrower:
(f) OTHER:
Policy Amount: S
PROPOSED INSUl :
2. The interest in the land covered by this Commitment is: a' cim pk
3. 41ccord Title to lite lend on the Effective Date appears to be vested in:
University it ersit Tula Company Chic aeo Title 1-nolranee Coaman+-
Terse Caett®ilmmt((Rev.t-1-93)-fie A Vdd Only eachedide$and C eed'Coverare attached
al
SCHEDULE A-continued
(IF No. 0006441( I
4. Lewd description of lend:
Lot Two(2),%VW Pen Plaza,an addition to the CRY(4 College Station,Brazos County,Texas,according,to the
plat recorded in Volume 358.Page 47 of the Official Records of Brazos County.Texas.
� 1
SCIEBDULE B
GF No. 00060 i 011
EXCEPTIONS PROM COVERAGE
Itt addition to the Exclusions and Conditions and Stipulations,your Frey will not closer loss,costs,attorney's fees,and
expenses - :
1. The following reattictive its of mord itemized below (We must either insert specific recording data or
delete this eption):
Volume 2200,Page 110;Volume 3588,Page 47 and Volume 4675,Page 161,Official Records,Brazos County,
Texas,{lilt deleting any covenants, conditions or restrictions indicating a'preference, limitation or discriininatii
based on race, calor,religion, sex,handicap.familial status, or national oriffm Euless and only, to the extent that
said covenant(al is exempt hinder Chapter .?„.S ctioili;it of the United States Code of •1 relates to handicap but
dries not discriminate against handicapped persons.
2. Any discrepancies,conflicts,or shortages in area or boundary lines,or any its or protrusions, or any
overlapping of improvements.
3. Homestead or cmnmunity property or survivorship rights, if any, of any spouse of any insured(Applies to the.
Owner Policy only.)
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations,
governments or other entities
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams,lakes,bays,
gulfs or oceans,or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government,or
c. to filled-in lands,or artificial islands,or
d to statutory water rights,including riparian rights,or
e. to the area extending from the line of mean low tide to the line of wgetation, or the rights of access to that
area or easement along and across that area.
(Applies to the Owner Policy only.)
5. Standby fees, taxes and assessments by any taxing authority far the year 20061, and subsequent years, and
subsequent t taxes and its by any taxingauthority for prior years a to change in land usage or ownership,
but not those taxes or ams for prior.years became of an exemption granted to a previous owner of the
property under Section 11.13,Texas Tar Code.or because of iMprovements not assessed for a previous tax year.(If
Texas Short Perm Rcsidcnt at Mortgagee Policy (T-2 )is ,that poky anbatitute"which become due
and payable to Date of Policy"in lien of*forte year _ and subtequent years.")
6. The terms and conditions of the documents creating your interest in the land.
7. Materials tUrnished or labOr'performed in connection with planned mon bete signingand cell: the
lien documeaet gybed in Schedule A,if# la <is of the l
Title r �tlte<iac( to t1 =11�a�ee
P� _ on i mon L only,and nay be dela d. e d is fC t to
us before a.b m )'
8. Liens and that affect the title to the laud, but that are sum to the lien of the insured
mortgage-WOOS to Mortgagee Policy T=2 only.)
University rsit Title Ompany Chic ago Tile:t g.r nee€fnupany
Texas ccm env( .1-1aj-ScheehdeB '441001y if ModuleAa do and Cover an:attached
SCHEDULEB-conenued
OF No. 001060 to
9. The Ehaegglese fb elm Coverage ands, els It rai a in B of the T art Fenn yR t al
s e I. NOW 1;+ .s#.((,.t 4,-. . to 1T �i Real Mortgagee �� 4R) 1. /�t+e
•-- s'.o t a . Y l 8 of this d i�'u F i t B do not apply to the totes Shod Fcmrt RtPamstda al**WPM Pte'(T-
).
10. The following matters and all terms of the d±'euments creating or offering evidence of the matters( e must insert
matters or delete this eeecrt nn`.:
a. Rights of Parties in Possession. (OWNER POLICY ONLY)
b. 10'utility easement and 15'sanitary sewer easement(partially on property)on the nci;Invest side;Buried
powcrlines,pad-mounted transformer and CATV or phone pedistal on the southwest side:Buried sanitary
sewer on the northwest side:as shown on plat recorded in Volume 3583,Page 47 of the Official Records of
Brazos County,Texas;as shown on survey prepared on January 24,2006,under the supervision of David R,
Mayo.R.P.L.S.#14'5.
a Blanket
From: Sarn Sim Richardson,et,a
(1-elaki2b. htlirgen
Dated: Apt141339
Recorded: Volume 93,Page 214,Deed Records,Brazos County,Texas;as noted on survey prepared on
January?LI,200t5,under the supervision of Da id R.Mayo.R.P.L.S.4147 5.
d. Waiver of surface Use:
By: Dale Family Irrevocable Trust
Dated: Ausust 11,1999
Recorded: Volume 336.,Page 1,Militia Records.Brazos County,Texas Title to said interest has not
been investigated suhsequant to the date of the aforesaid instrument.
e. Easement
From: 23)No.85,Ltd.,a Texas limited partnership
• 1....v., To: CitY of CeneSe Station
Dated: August 30,2000
I Reeled. Volume 3928,Page 200,Official Records,Brazes County,Texas;as noted d on survey prepared
$ on January 24,2006 ander the supervision of Dalid R _'1'i o,zc''.L.S r14-5.
f. Two(2)10'Public Utility Easements on the northwest side per Platt of Pooh's Pat Subdivision Section One:
Recorded: Volume 314,Page 618 and Volume 334,Page `,,peed Recce;Brazos COunty,Texas;as
shown on survey prepared on January 24,2001C,under the supervision of David R.Mayo,R.P.L.S.111475,
g. Mineral Reservation in Deed:
A": Olefils I**l lop t,LTD
To: �� ,,
A �
Rxtled: Ydlutn0Pte$,O 'er,� ,Texas. T to said interest has not
hetet iintestigarett eet to the
h. Re4Imocal East t t and aPeratieh Amt
`i :Teette;
I rded: V e ,page 1: Bmzos,County,Tom`:
� I
SCHEDULEB-combined
OF No.0040101
i. Reciprocal Bateman and = lent:
hoar U No.8S, 'u :a Itteen Oinked poinerakip
Dated: January 274 .i ;:
Recorded: Vie Mt Page Mak 0410111 Records.Brazos County,Texas.
j. Reciprocal Easement and Operation AgatietnOt:
F *Pro. LtaL, limo*Wild patthership
Dated: 44101011PY27, , ..
Recorded: Winne 3Page338,Offbll Records,Brazos County,Texas.
k. Menioptndian ofLeake Age
l een. U' ort,tAitoe TeMte LWOW Partnership,and GFC TX,L P.,a Tennessee Limited
y f`
1 Jtr
Recorded: veliiteolgiit Page 243,Official Records,Brazos County,Texas.
1. Mernoandurn of Least
Lessor: 7 ` To.RS,11744,arTOMS litetted partherablp
Lessee: &ma stone tesoi L P.
Dated: January 14,70
Recorded: Volume 3740,Page 164,Official Records,Brazos County,Texas.
S ,,; .EC
GF No. 00060/01
Your policy will not o kms, 's fees, aad resulting the tot w
a f ar asExceptions in a 'he Pol[c y,unless yi i dome of mat to oor s lush,
before
the tl'#e
Wined:
d:
1. Documents (testing your title or interest must be approved bq us and m be sued, notarized and filed for
record.
2. Satisfactory evidence must'bo provided that:
- no,person.:`b 1 B 1® •11 the land claims any interest in that land against the persons named in perms 3 of
Schedule A,
- aall standby 604 texeS,asSeSsnierds and charges against tliaptoparty havetempaid,
- all ird oVeM is or repairs to the pe¢'.® ,E ace and accepted by the over. and that all
con a -10.4%lam have b fir paid,and that no mechanic's,laborer's
or mat:26 's Ikutirlitne attar to qty,
- there re is legal right of ace=to and'from the land,
- (on a ldortgagee Policy only)restrictions have not been and will not be violated that affect the validity and
priority of the insured mortgage.
3. You must pay the seller or borrower the agreed amount for your property cr interest.
4. Any defect,lien or other matter that may affect title to the land or interest insured,that arises or is filed after the
effective date of this Commitment.
5. Item.No. 2 of Schedule B hereof shall be T? Tided to'reaa 'shortages in area",upon our receipt of an acceptable
survey. (As to Mortgagee Policy Only)
6. Item No. 5 of Schedule B hereof shall be amended to read "standby fees,taxes and assessments by any taxing
authority for the year 2006 and subsequent years;but not those taxes or assessments for prior years because of tul
exemption gamed to a previous owner of the property under Section 11.13. TeAa7s T ae Code,or because of
improvements not assessed for a previous tai year.",,u}on payment of applicable premium. (As to Mortgagee
Police T-2 Only) (If Texas Short Poen Residential Mortgagee Policy(T-2R)is issued,that policy will substitute
"which become due and payable subsequent to Date of Policy" ill lieu of'for the year and subsequent Years.")
7. If requested in lenders closing instructions and ail of our underwriting requirements are satisfied, we will issue the
'1:17 tL T19 Endorsements,upon payment of kin': applicable °
}3it'Lc.Iii. �.. (As to v'3='{'tg3gi"C Policy Only)
8. We will require an Affidavit as to Debts and LHens;be signed and the original provided to us prior to issuance of
MTV title policies.
9. Wu will require a Waver o'.Inspection R;igl't-iZt 3-a)elt;:;;It P'?._,c."ion'f t i.g-'!ed lw the TIIPChrisCi'mid the
original provided to us prior to i Stiff' .e of any title policies.
10. We will require? Tax rt original Certificate be provided_showing all taxes raid ement,prior toissuanceof any
title policies. til this transaction is pot closing in our office,ice,let us know if we meed to order the tax certjf trate.j
U$iver itr'Title Company: Chicago Title incurarier Company
Tcsae Commithkebt(Rev.1-143)-ScheduleC Valid Q r l‘, 13i+i4dCover+aro to
SCHEDULE C-c
GE No. 00060101
11. ARBITRATION:
The Owner Policy of Title Insurance(Form T-i)and the Mortgagee Policy of Title Insurance(Form T-2)contain
an arbitration provision. It allows the Insured or the Company to require arbitration if the amount of insurance is
51,000,000 or less. If the Insured wants to retain the right to sue the Company in case of a dispute over a claim,
the Insured must request deletion of the arbitration provision before the Policy is issued. The Insured may do this
by signing the Deletion of Arbitration Provision form and returning it to the Company at or befnre the closing of
• the real estate transaction or hr writing to the Company.
NOTE 1: If veiii are the lender in the transaction and desire deletion of the;Arbitration Provision ,please inform us
through your loan closing instructions.
NOTE 2: This does not apply to Texas Residential Owner Policy of Title Insurance-One to Four Family
youare the purchasers of idi ,tial property and desire the deletion of the Arbitration
Residences. If �,, ;,�non-residential ..
Provision,,fl form-Will be presented to von at closing for execution.
12. If subject transaction will utilize a prior survey,we will require a full size,legible copy of said survey,with
the surveyor's field notes,if any. U1-on receipt of the existing survey,we reserve the right to determine whether
said survey is acceptable for insuring purposes according to our underwriter guidelines. For a copy of the
underwriting guidelines,please call our of+icy,.
NOTE: While a survey may be acceptable for insuring purposes,all surveys are subieit to final approval by Iender.
13. Record a Partial Release of Deed of Trust and Security A2recr est:
Grantor: ZP No.85,Ltd.,a Texas limited partnership
Trustee: R.Bryan Moore.HT
Beneficiary: SouthTrust Bank,National Association,a national banking association
Amount: .813,6 00,000.00
Dated: January 27.2000
Recorded: Volume 3735,PagTe 143. Official RecordsBrazos Cormiy, ti
Assi:annicnt of Rents and Leases:
Between: 7P No.85,Ltd.,a Texas limited partnership,and SouthTrost Bank,National Association,a
national banking association
Dated: January 27,7000
Recorded: Volume 3735,Page 172, Official Records,Brazes County.T e-xas. (Require partial release of
both instruments)
14. Record a Partial Release of Financing Statement:
Debtor: ZP No.85.Ltd.
Secured Party: SouthTrust Bank,National Association
Dated: February 22,2000
Recorded: Volume 3735,Page 185, Official Records,Brazos County,Texas.
15. Record a Partial Release ofFinurcine Statement:
Debtor ZP No.85.Ltd.
Secuied Party: ,Soullu'1'rai:t Bank,National Association
Dated: February 28,2000
Recorded: filed under Clerk's Fit No. 00-440702 with he Secretary of State:.
16. Prior to closing,furnish a copy of the Limited Partnership Agreement of 2P No.85,Ltd.,a Texas limited
partnership. We will also require proof that 72 No.85,a Limited Partnership,has filed its Articles of Limited
Partnership with the appropriate state authority. Additional rests may be made upon examination.
SCHEDULE 11)
OF No. 00401141
Pursuant to the requirensats of Rule P-21,Basic Manual of Rake,Rates owl Fans for the writing of Tide Insurance in the State
dilates,the Adeedwediagiosutea era amok
1. Disulusureur OACOThU1011$111tANCI$°WPM%a naraini Corperadhtn
a. The Shereholders owning or aMtrolling, directly or tea (1O% or mare of the shares of Chicago Title
Insitince Company: CMCA4210 VILE AUYITIAT COMPANY,an Illinois man
1,. The names of the Directors a(Chiasso Ude Insurance Company:
.A*10*Ronald R.Matidriey,Met Withal&Raymond R.Quirk Burton J.Rain,Ernest D.Smith,
Alen L.Sfirecon.PA&P.WSW and Thomas E Evans
c. The names ofthe Officers of Chicago Tile Insurance Comparry:
aft BOMA Pretlident and Chief Executive Officer: Raymond R.Quirk
EMS**Vise President:Christaidat Abbiname
Yraetimicteat anti Stootory:
Fernando Velez,Jr.
Vioe President andTramiliti. Patrick G.Femme
2. Disclosure of Unh-ersit,v-Title Company,a Texas Corrantion
a. The names of each shareliolders owner.partner or other perms having or contmlling one Meat(1%)or mom of the
ntle ruititkinBe Agart that will receive a potion tribe premium as follow
Celia Goode
William- C.Lipsey
Michael R.Hoelscher
b. Each shareholder,owner,partner,or other person having or controlling 10 pescelt(10%)or more of any entity that has,
owns or controls one percent(1%)or more of the Title Insurance Agent that will'calve a portion of the premium as
follows: not applicable
c. If the agent is a ocaporation, the names of any directors,president, executive cr senior vice president, secretary and
treasurer if any ofthe Title Insurance Ascot are as&Boca
Celia Goode, President and Dfiector
ivfidurel It Hoelscher, Vice President and Director
William C.Lipsey, Secretary/Treasurer and Director
3. You are entitled to receive advance&donne of settlement charges in connection with the proposed transaction to which this
commitment Mates. Upon yaw request,such disclosure will be Made to yap. AdcfrfiOnally,the mime of any pesson,fnm or
corporation receiving any sum from the settlement of this transaction will he djsclo tat the closing or settlemart statement
You are further advised that the estimated title premium*irt
Owners Pohoy $ 2.941.00
MOttgagePoliG7
Endatsematt Charges
Total $ 2,941.110
University't itte Company
Chico Title Insurance Comparn
Taus Comitiiimagd(Rev.1443)-Edict:We D VididOidlifSektibilOA,Biatcoind covet welookaita
SCHEDULED
GF No. 90i4;010
Of this total 8113Atillt S Or I 5.0096 Wiil be paid to the policy issuing Ilde Insurance Compsny: $ or R5.00%will
be retained by the issuing Title Insurance Agent,and the remahuler of the estimated preMiMil-will be paid b other parties as
ibilWS:
To Wham For Services
An
$
S .
*The estimated premium is based upon Worn**lirrnisbed to us as of die dee of this Combine*for Title Insurance.
Final detaining*of the amount athe Prelim will be made at dosing in accoldanoe with the Rules and Regulations adopted by
the State Board ofInsuranee.
niversity itle Co -
ritiessyi Title Imurarice!
Tam Cenunieletertlibra.1-1-93)-FrAr464-D
VaratenlY Mikado A,Et ped C.aid Cover are attached
Joe Orr, Inc.
Surveyors&Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690-3378
Proposed Utility Easement
Lot 2—Wolf Pen Plaza
Morgan Rector League
College Station,Texas
17 April 2006
All that certain tract or parcel of land lying and being situated in the Morgan Rector League,
Abstract No.. 46, in College Station, Brazos County, Texas, and a part of Lot 2 of Wolf Pen
Plaza addition to the City of College Station, Texas, according to plat of record in Volume 3588,
Page 47 of the Official Public Records of Brazos County, Texas, lying along and adjoining the
southwest and northwest side of the said Lot 2 and being more particularly described as follows:
Beginning at the most southerly corner of the said Lot 2 in the northwest line of Holleman Drive
from which a 5/8"iron rod with a plastic cap stamped"KERR RPLS 4002"was found N 65° E—
0.07 feet.
Thence N 48° 28' 29" W — 120.20 feet along the southwest line of the said Lot 2 to an angle
point;
Thence N 48° 28' 34" W— 10.42 feet continuing along said line to a 5/8" iron rod with a plastic
cap stamped"KERR RPLS 4002" found at the most westerly corner of the said Lot 2;
Thence N 41° 34' 41" E — 89.40 feet along the northwest line of the said Lot 2 to the most
northerly corner of this easement;
Thence S 49° 40' 09" E — 15.00 feet into the said Lot 2 to the most easterly corner of this
easement;
Thence S 41° 34' 41"W—77.71 feet through the said Lot 2 to an inside corner of this easement;
Thence S 48° 28' 29" E — 115.61 feet continuing through the said Lot 2, parallel to and twelve
feet (12') from the southwest line of same to the northwest line of Holleman Drive;
Thence S 41° 31' 31" W— 12.00 feet along the northwest line of Holleman Drive to the Point of
Beginning and containing 0.063 acres of land more or less.
Bearings are based on the plat of Wolf Pen Plaza recorded in
Volume 3588, Page 47 as fitted to the monuments found on the ,.; yr S.
northwest line of Lot 2.
See survey plat prepared with this written description and dated 14 ; s'• °�
April 2006. r, D A k1AYo
�!i:0+4. 478 "•
AwUFiv