HomeMy WebLinkAboutLetter of Understanding■ CAPROC<
Wellborn Special Utility District
c% Mr. Stephen Cast
General Manager
4118 Greens Prairie Road
Wellborn, TX 77845
Via Email: wsud.sc(Pverizon.net
I 'TEXAS
DEVELOPMENT
January 17, 2012
RE: LETTER OF UNDERSTANDING REGARDING THE ABANDONMENT OF
OLD ARRINGTON ROAD R.O.W. IN COLLEGE STATION, TX.
Dear Stephen:
Based on our conversation last Friday, I propose the following -
Wellborn S.U.D. C'Wellbom") consents to the request by Brazos Texas Land Development, LLC
("Developer") to the City of College Station, Texas, to abandon a portion of the Old Arrington
Road nght-of-way in accordance with and subject to the following conditions, stipulations and
reservations. The consent form and subject area affected by this agreement are shown in
Exhibit A, attached.
1. Wellborn will provide its consent when formally requested by Developer to abandon its 2.5"
and 4" water lines situated within the Old Arrington Road right-of-way to the extent either such
line is located within such right -of way; Wellborn further stipulates that such 2.5" and 4" water
lines are currently abandoned of any use and they will remain in the ground and no longer
preserved for any future use by Wellborn. However, the V line (to be abandoned) does not lie
within the said Old Arrington Road right-of-way but within an easement within private
property along the westerly boundary of the said road right-of-way; Wellborn further
stipulates that it owns and has in place a 12" water transmission line in an easement with the
same private property along the westerly boundary which such 12" line is fully active and an
integral part of the water system taking water to its pump station from the vault at the northerly
end of such line. Such 12" line must remain positioned in the existing water line easement or a
dedicated public utility easement dedicated in such a manner that the 12" inch line shall be fully
within such new public utility easement, if any. Wellborn will not release its easement until it is
able to review and accept the platting, dedication, and approval of all require authorities of
such new public utility easement, which will be done by a separate and later act by Wellborn.
Likewise, Wellborn makes this agreement conditioned upon the above stated requirement and
also on the condition that its 16" water line that provides water to the vault owned by Wellborn
at the northerly end of Old Arrington Road shall always have and, if required, be granted a
separate absolute right -of way and easement for such 16" water transmission line over and
110 Lincoln Avenue, Suite 103 • College Station, TX 77840 • 979.307.0321 • Fax: 979.314.7606 • ww.ncapmckts.com
across any portion of the abandoned road or ways and means for the continued course and
distance required to continue such water without interruption and to be legally enforceable.
Developer shall furnish for approval of Wellborn all drawings, plats, dedications and easements
to achieve all the conditions set forth in this agreement. When submitted by Developer, review
will be made within ten (10) days and approval will not be unreasonably withheld.
2. Wellborn agrees to quit claim all its right, title and interest to the area of the abandoned right-
of-way of Old Arrington Road, being that 'A of such right-of-way area lying adjacent to the
property Wellborn owns, provided and conditioned upon the agreement that such area will be
exclusively used and included within a newly dedicated public utility easement within which
Wellborn shall enjoy uninterrupted use for its water or other utility lines.
3. In exchange for the agreements made by Wellborn and its willingness to participate in the
request for abandonment of the Old Arrington Road right-of-way, Developer agrees to "replace
and case" Wellborn's 12" water transmission line situated in an easement near the Old
Arrington Road right-of-way, at areas where the Developer crosses the line with new paved
drives and streets. The replacement sections shall be of like size and material as the existing
line, but shall be cased per Wellborn's common standards 5' wider than the drives/streets.
Please execute this letter as a confirmation of mutual understanding. I appreciate your assistance, and
look forward to a successful development!
Respectfully,
CRT, LLC dba CapRock Texas
By: Jesse Durden
President, Managing Member
Authorized Development Manager for Brazos Texas Land Development LLC
CC: Schultz Engineering, Joe Schultz
110 Lincoln Avenue, Suite 103 � College Station, TX 77340 , 979.307.0321 a Fax: 979.314.7606 , www.caprocktxxom
AGREED AND ACCEPTED THIS l St DAY OF 77U4�0kt
Signed: 0
By: Stephen Cast, General Manager
110 Lincoln Ave..c, Sui0.. 103 • Collcgc Station, TX 77540 - 979.307.0321 . Paz: 979.314.760E .vw.v.caprockts.com