Loading...
HomeMy WebLinkAboutEasements EASEMENT DEDICATION SHEET To be filled in and submitted with construction plans and specifications for preliminary review (Not to be used where City is purchasing property) THIS SECTION TO BE COMPLETED BY CITY STAFF PROCESSED BY: DEPT. EXT. REQUESTED BY: DEPT. EXT. ACCOUNT NO. PROJECT NO. (For ordering title work, appraisals,etc.) TYPE OF EASEMENT: _X_Public Utilities(PUE) Temporary Blanket PUE Electric Only (prior to building permit) Water Only PURPOSE FOR EASEMENT: To cover utilities that are being constructed as part of the new Fish Daddy's restaurant. We are proposing to relocate an existing public utility easement that was located at the rear of the previous restaurant. This easement is being relocated to the rear of the lot so that the new building will not encroach into the easement. Once this easement is dedicated,the temporary easement should be released. REVIEW AND APPROVAL REQUIRED/GIVEN BY THE FOLLOWING DEPARTMENTS: Approval Required By: Electric Approval Given By: Electric (please initial) Water/WW (please initial) Water/WW Asst. City Engineer Asst. City Engineer Public Works Public Works METES& BOUNDS DESCRIPTION CHECKED FOR CLOSURE BY: (City Staff—Name/Dept.) THIS SECTION TO BE COMPLETED BY APPLICANT PROPERTY OWNER(S): Pacific Ground Leases 1, LLC, a Delaware limited liability company (Names must be exactly as they appear on the deed) 1702 East Highland, Suite 310 PHONE NUMBER: (602)248-8181 Phoenix,AZ 85016 ALL LENDERS(Please furnish copies of all lien documents): There are currently no lien holders on the property. IF OWNER IS A CORPORATION, PARTNERSHIP, OR JOINT VENTURE(also see#5 below): 1. State of Incorporation/Registration Delaware Limited Liability Company 2. Partners' Names(if applicable) N/A 3. Person Authorized to Sign William S. Levine, Sole Member (Name and Title) LEGAL DEPARTMENT MUST BE PROVIDED WITH THE FOLLOWING: (Please check items that are attached) 1. A copy of a recent(within 90 days)deed or title insurance policy showing the names of the grantors/owners;and 2. For unplatted property, a signed, sealed and dated metes and bounds description and a diagram of the property 4showing the location of the easement; or 3. For platted property,a copy of the plat showing the lot,block,subdivision,and recording information. 4. For blanket easements,a signed,sealed and dated metes and bounds description and a diagram of the property. • 5. Corporate or partnership owners must furnish a copy of a corporate resolution or other proof of authority to sign on behalf of the corporation, partnership,or joint venture. 17 6. Name, address and phone number of person who is to receive the easement and be responsible for getting It executed: Natalie Ruiz, IPS Group, Planning Solutions 511 University Drive East, Suite 205 College Station, Texas 77840 Any land acquisition resulting from Capital Improvement Projects requires a meeting with the Legal Department. --; I INCUMBENCY CERTIFICATE This Incumbency Certificate is made as of the o94`day of January,2007, by William S. Levine, duly authorizedGeneral Partner of Levine Investments Limited Partnership,an Arizona limited partnership(the"Partnership"),which is Sole Member of Pacific Ground Leases I,LLC,a Delaware limited liability company(the"Company") The undersigned, William S. Levine, being the duly authorized General Partner of the Partnership, in its capacity as a Member of the Company, hereby certifies that the entity named below is the Sole Member of the Company: Levine Investments Limited Partnership,an Arizona limited partnership 'The undersigned further certifies that the Partnership is the Sole Member of the Company by the Operating Agreement of the Company dated August 17,2004. As Sole Member, the Partnership has full, exclusive and complete power to manage and control the business and affairs of the Company and shall have all of the rights and powers provided to a member of a member-managed limited liability company by law, including the power and authority to execute instruments and documents,to mortgage or dispose of any real property held in the name of the Company, and to take any other actions on behalf of the Company, whether or not such actions are for carrying on the business of the Company in its usual way. IN WITNESS WHEREOF,the undersigned has affixed his name effective as of the tc day of January,2007. PACIFIC GROUND LEASES I,LLC, a Delaware limited liability company By: Levine Investments Limited Partnership Its: Sole Member By: ‘ 7 William S.Levine, le Member C.iDOQJ►6r-P OCALS-nr s. .. r Qat p-25-071 Dor Bk Vol F'9 iti 960269 OR 7925 126 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. TEMPORARY BLANKET UTILITY EASEMENT DATE: ,... , 2007 GRANTOR: PACIFIC GROUND LEASES I, LLC a Delaware limited liability company GRANTOR'S MAILING ADDRESS: 1702 East Highland, Suite 310 (including county) Maricopa County Phoenix, Arizona 85016 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue (including county) Brazos County College Station, Texas 77842 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration PROPERTY: Being all that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas, and being Lot Five-A (5A), Block One (1), THE GATEWAY, PHASE 1, an addition to the City of College Station, according to the replat recorded in Volume 4998, Page 262, Official Records of Brazos County, Texas. ESTATE GRANTED: 1. GRANTOR grants to GRANTEE an undefined or "blanket" easement for various utilities, to be restricted hereafter to the as-built area, and defined by subsequent survey or plat. 2. GRANTOR does hereby grant, bargain, sell and convey unto GRANTEE, its successors and assigns, an undefined easement in and to the above-described parcel of land; GRANTEE to install, maintain, repair, rebuild, operate, inspect and remove all utility facilities, including conduits, duct lines, vaults, fittings, appliances and equipment, under the above-described property. RESERVATIONS AND RESTRICTIONS: 1. This conveyance is only of the right, privilege and easement for the aforesaid purposes. GRANTOR and its successors and assigns shall have the right to use 1 bg,'legal...group(o)/easements/pacific ground leases/temporary blanket utility/easement.doc 03/22.12007 Doi_ Lk Vol P9 00960269 OR 7925 127 and to grant to others the right to use the easement area for any purpose which will not unreasonably interfere with the safe and reasonable maintenance and operation of installations to be made by GRANTEE therein. 2. GRANTEE covenants and agrees to interfere as little as possible with the normal flow of vehicular and pedestrian traffic over and upon the site, and to restore the surface of the site, whenever and wherever disturbed by GRANTEE, to as good a condition as existed at the time of such disturbance. 3. GRANTEE hereby covenants and agrees that in the event the future development or expansion of either the site or adjacent land, or both, requires the relocation of the facilities already constructed and installed in the easement area, GRANTEE will relocate such facilities, at the request and expense of GRANTOR, provided such relocation is sound and feasible from an engineering standpoint as reasonably determined by GRANTEE, and provided further that GRANTOR shall grant to GRANTEE a substitute easement, by instrument in recordable form providing for such relocation. 4. The easement is intended to be temporary, but the rights granted hereunder shall not terminate unless GRANTOR shall deliver a final "As Built" survey or plat, as approved by GRANTEE, showing the location of utility service, equipment, and facilities. The "As Built" survey or plat shall delineate a proposed permanent easement area to enable GRANTEE to maintain, repair, rebuild, and operate the equipment described in paragraph number 2 above, and GRANTEE or its successors shall thereafter execute an instrument in recordable form perfecting the rights existing hereunder in and to the "As Built" area. 5. GRANTOR warrants that the right of GRANTEE shall be superior to those of all persons claiming under or through GRANTOR but not otherwise. 6. GRANTEE shall be liable for all property damage to GRANTOR's property directly attributable to GRANTEE's negligence in the construction, operation or maintenance of the facilities. 7. If GRANTEE finds it necessary to perform excavation activities in or around the Easement Area and GRANTEE disturbs or damages any of the the property or improvements of GRANTOR while performing such excavation, all such property or improvements disturbed or damaged shall be restored as close to original condition as is reasonably possible at the expense of GRANTEE. PACIFIC GROUND LEASES I, LLC A Delaware limited liability company By: LEVINE INVESTMENTS LIMITED PARTNERSHIP, an Arizona Limited Partnership, Its Sole Me ber , By: `` WILLIAM . LEVINE', General Partner 2 bg/legal...group(o)/easements/pacific ground leases/temporary blanket utility/easement.doc 03,/22./2007 • Doc Bk Vol Ps 00960269 OR 7925 128 APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR APPROVAL. Cth 4 City Attorney , THE STATE OF + CNA § § ACKNOWLEDGMENT COUNTY OF 1111-PCOPA § This instrument was acknowledged before me on the ` day ofl , 2007, by WILLIAM S. LEVINE, General Partner of LEVINE INVESTM NTS LIMITED PARTNERSHIP, an Arizona Limited Partnership, Sole Member of PACIFIC GROUND LEASES I, LLC, a Delaware Limited Liability Company, on behalf of said PACIFIC GROUND LEASES I, LLC, a Delaware Limited Liability Company. OFFICIAL SEAL .4-t;—:=1,1, `�^ /�U©PUB CAState ofNES Ariz° s, rnaPtico�+ ,L , , ", 13,2007 a+n d� My Comm.F�itrs Nov. tart'Public and folhe State of a_._/moo k-A PREPARED IN THE OFFICE OF: RETURN ORIGINAL DOCUMENT TO: City of College Station City of College Station Legal Department Legal Department P.O. Box 9960 P.O. Box 9960 College Station, Texas 77842-9960 College Station, Texas 77842-9960 Filed for Record in: BRAZOS COUNTY On: Apr 2Or2007 at 04:03P As a Record Ines Document Number: 100960269 Amount 19.00 Receipt Number - 314112 By? Seth Gallion STATE OF TEXAS COUNTY OF BRAZOS I hereby certify that this instrument was filed on the date and time stamped hereon by me and was duly recorded in the volume and pace of the Official Public records of: 3 BRAZOS COUNTY as stamped hereon by me, bg/legal...group(o)/easements/pacific ground leases/temporary blanket utility/easement.doc 03/22/2007 Apr 201 2007 •!1!vv!vr 11.JL FMA nJDJJ1iJ81 DAAL+Ui VOUS!! ADJl1At.1 SM �AD SCHEDULE D The information contained in this Schedule(D)does not affect title to or the lien upon the land described in Schedule A rieseos, to be insured in any policy(ies)of title insurance to be issued in accordance with this cossraritmen` As to Stewart Title Guaranty Company,the Underwriter herein,the following disclosures are made: A-1.Shareholders owning,controlling ofholrling,either personally or beneficially,10%or more of the shares of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set forth are as follows: Stewart Information Services Corporation-100% A-2. The members of the Board of Directors of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set forth are as follows: Malcolm Morris,Stewart Morris,Jr.,Carioss Morris,Stewart Morris, Max Crisp,C.M.Hudspeth,Nita Hanks,Bruce Belin and Eugene Mohler. A-3. The four designated officers of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set forth are as follows: President Malcolm S.Morris;Executive Vice President Glenn IL Clements; Secretary:Sue M.Pizzitola;Treasurer:Ken Anderson. As to Undersigned Agent herein,the following disclosures are made: B-i.If Agent is a corporation,the shareholders owning or controlling,directly or indirectly, I%or more of the shares of Agent as of the last day of the year preceding the date hereinabove set forth arc as follows: Tom Giesenschlag Diane C.Ganzer B-2.If Undersigned Agent is a corporation,the following is a list of the members of the Board of Directors,as of the last day of the year preceding the date hereinabove set forth: Torn Giesenschlag June Van Etten Diane Ganzer Linda Morgan B-3.If Undersigned Agent is a corporation,the following is a list of its officers as of the last day of the year preceding the date hereinabove set forth: President Tom Ciiesenschlag Vice President June Van Etten Secretary: Diane Ganzer Vice President Linda Morgan C-1.You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request such disclosure will be made to you. Additionally,the n**ne of any person,firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated*title premium is: Owner Policy $ Mortgagee Policy S 4,183.00 Total S Of this total amount, 15.09%will be paid to Stewart Title Guaranty Company,85.00%will be retained by Undersigned issuing agent;and any remainder of the estimated*premium will be paid to other parties as follows: Amount Paid To Service rain ''°The estimated premium is based upon information furnished to us as ofthe date of this commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the State Board of Insurance. U1/VO/U! 11:JL rlu vI fiJllddl BxALUb WUPR1 Aa512{AUT IBO10 p� 1 THE FOLLOWING COMMITMENT FOR TTFLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A,AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. COMMITMENT FORTITLE INSURANCE ISSUED BY •~~a r,ra r—St eWart - 'title guaranty company CM< We,STEWART TITLE GUARANTY COMPANY,will issue our title insurance policy or policies(the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D_ There may be.additional charges such as recording fees,and expedited delivery expenses. This Commitment ends nesety (90) days from the effective date, unless the Poli EASEMENT DEDICATION SHEET To be filled in and submitted with construction plans and specifications for preliminary review (Not to be used where City is purchasing property) FEB 0 5 2007 C- THIS •.ECT)•N TO BE COMPLETED B TY ST \� 7, PROCESSED BY:1- - «..�� \CA�' DEPT. J ;� EXT. Q � I -- REQUESTED BY: Z 1 �IIni r DEPT. _') EXT�..J \%. P'\ ACCOUNT NO )` -7r \ `v;! C) PROJECT NO. (For ordering title work,appraisals,etc.) TYPE OF EASEMENT: Public Utilities (PUE) _X_Temporary Blanket PUE Electric Only (prior to building permit) Water Only PURPOSE FOR EASEMENT: REVIEW AND APPROVAL REQUIRED/GIVEN BY THE FOLLOWING DEPARTMENTS: Approval Required By: Electric Approval Given By: Electric (please initial) WaterNVW (please initial) Water/WW Asst. City Engineer Asst. City Engineer e Public Works /AT ' Public Works METES & BOUNDS DESCRIPTION CHECKED FOR CLOSURE BY: fr* 41. ` . °lcitt,r 1,06seks pim.) (C Staff—Name/Dept.) THIS SECTION TO BE COMPLETED BY APPLICANT PROPERTY OWNER(S): Pacific Ground Leases 1, LLC, a Delaware limited liability company (Names must be exactly as they appear on the deed) 1702 East Highland, Suite 310 PHONE NUMBER: (602)248-8181 _Phoenix, AZ 85016 ALL LENDERS(Please furnish copies of all lien documents): There are currently no lien holders on the property. IF OWNER IS A CORPORATION, PARTNERSHIP, OR JOINT VENTURE(also see#5 below): 1. State of Incorporation/Registration Delaware Limited Liability Company 2. Partners' Names (if applicable) N/A 3. Person Authorized to Sign William S. Levine, Sole Member (Name and Title) LEGAL DEPARTMENT MUST BE PROVIDED WITH THE FOLLOWING: / (Please check items that are attached) ✓ 1. A copy of a recent(within 90 days)deed or title insurance policy showing the names of the grantors/owners;and Isait 2. For unplatted property, a signed, sealed and dated metes and bounds description and a diagram of the property showing the location of the easement;or 6 3. For platted property,a copy of the plat showing the lot,block,subdivision,and recording information. 4. For blanket easements,a signed,sealed and dated metes and bounds description and a diagram of the property. 5. Corporate or partnership owners must furnish a copy of a corporate resolution or other proof of authority to sign on behalf of the corporation,partnership,nr joint venture. V 6. Name,address and phone number of person who is to receive the easement and be responsible for getting it executed: Natalie Ruiz, IPS Group, Planning Solutions 511 University Drive East, Suite 205 College Station, Texas 77840 Any land acquisition resulting from Capital Improvement Projects requires a meeting with the Legal Department. INCUMBENCY CERTIFICATE This Incumbency Certificate is made as of the (.;(1"-day of January, 2007, by William S. Levine, duly authorized General Partner of Levine Investments Limited Partnership, an Arizona limited partnership (the "Partnership"), which is Sole Member of Pacific Ground Leases I, LLC, a Delaware limited liability company (the"Company") The undersigned, William S. Levine, being the duly authorized General Partner of the Partnership, in its capacity as a Member of the Company, hereby certifies that the entity named below is the Sole Member of the Company: Levine Investments Limited Partnership, an Arizona limited partnership The undersigned further certifies that the Partnership is the Sole Member of the Company by the Operating Agreement of the Company dated August 17, 2004. As Sole Member, the Partnership has full, exclusive and complete power to manage and control the business and affairs of the Company and shall have all of the rights and powers provided to a member of a member-managed limited liability company by law, including the power and authority to execute instruments and documents, to mortgage or dispose of any real property held in the name of the Company, and to take any other actions on behalf of the Company, whether or not such actions are for carrying on the business of the Company in its usual way. IN WITNESS WHEREOF, the undersigned has affixed his name effective as of the VII" day of January, 2007. PACIFIC GROUND LEASES I, LLC, a Delaware limited liability company By: Levine Investments Limited Partnership Its: Sole Member B Y• William S. Levine, ole Member C:\D000ME-1\G.IS\LOCALS-1\TempMwtempe9c\ws277.tmp\Incumbency Cert(1-25-07).doc STATE OF ARIZONA ) ) ss. County of Maricopa ) The foregoing instrument was acknowledges before me this ,> day of January, 2007, by William S. Levine, duly authorized General Partner of Levine Investments Limited Partnership, an Arizona limited partnership, which is Sole Member of Pacific Ground Leases I, LLC, a Delaware limited liability company, for the purposes set forth therein. Notary Public UAL My Com 'ss' n Expires: _ °�� ` r ]/Q©9 •, RUTH ELLEN MURI / (7":, ) Notary*obit. to o1 Miiona (/ "fi,COIA Ctt1.2009 My Comm.Erpiiwl.p• C:\DOCUME-1\GJS\LOCALS--1\Temp\mwtempe9c\ws277.tmp\Incumbency Cert(1-25-07).doc