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HomeMy WebLinkAbout15-16Corpora!ions Section P.O.Box 13697 Austin, Texas 78711-3697 ()fficc of the Secretary of State CERTIFICATE OF FILING OF ESP A Manor LLC File Number: 802090165 Nandita Berry Secretary of Stale The undersigned, as Secretary of State of Texa s, hereby certifies that a Certificate of Formation Cor the above named Domestic Limited Liability Company (LLC) has been rece ived in thi s office and has been found to conform to the applicab le provisions of law . ACCORDINGLY, the undersigned, a.s Secretary of State, and by virtue of the authority vested in the secretary by law, hereby issues this certificate evidencing filin g effective on the date shown below. The issuance of this certificate does not authorize the use of a name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark Jaw, the Assumed Business or Professional Name Act, or the common law. Dated : 10/27/2014 Effective: 10/27/2014 Phone: (5 I 2) 463-5555 Prepared by: Lisa Sarlin Nandita Berry Secretary of State Come Pisil its on 1'1e internet al h11p:1/11•11•11• .. w1.\'..\'/ate. 1.r.11.\·/ Fax: (512) 46.1-5709 Dial: 7-1 -l for Hel<iy Services TID: 10306 Doc11mc111 : 575.151440002 r·-·· -····· ···············-~·· ........ . i I••. jsecretary of State ?.o. Box 13697 Austin, TX 78711-3697 /FAX: 512/463-5709 ~ /Filing Fee: $300 i Certificate of Formation Limited Liability Company : ·· · · · · ·· .... Art1c·1~ .. 1 ·-· E.iitity ·Nanle ai-ld ·Type. Filed in the Office of the Secretary of State of Texas Filing#: 802090165 10/27/2014 Document#: 575351440002 Image Generated Electronically for Web Filing ff tie"fiiing "el1tii"y .. beiri9'"formed·rs ·a··iimited "lia"foiii"y.com pany .. file . naine.oi.ih"e entity .. is":·· ................. . ~ . . .. Articie 2 -Registered Agent and Registered Office ff;;-A: The initial registered agent is an organization (cannot be company named above) by the name of: :Rocket Lawyer corporate ser-Vices · l.Lc OR :°rB. The initial registered agent is an individual resident of the state whose name is set fortll below: :C. The business address of the registered agent and the registered office address is: s"ireei"Acfdre.ss:·· .. ·-······ ··················· ·· · ·' --····················· ···· ······--· ·············· ························· ··· ················-··· ................... ·· ·· .. ········ ············· j17350 State Highway 249 Suite 220 Houston TX 77064 '. i Consent of Registered Agent r-A. A copy of the consent of registered agent is attached· ... OR j)v B. The consent of the registered agent is maintained by the entity. i. · ·······--. -··---.. ·············-·· ··· -· -·· · ·· ··.Artide3 ·= cfoveri11ri9 Auti1c»rity jr A. The limffec(liabiilty .. c.om.pany is to be managed .by-managers. OR . l .iP'a:·i"i1e iiiiiiieci"iiabiiiiy .. company.wi1i iioi-il.ave.maiia9e.rs.:M"a.iia9e;lierii.ot tiie. cornpany.is .reserVed io ihemcmbers". · The names and addresses of the governing persons are set forth below: Managing Member 1: Edi Sanjoto . Jitle: Managing Member . . . .. . .. .. ..... . ~ddress: 2504 Texas Ave South College Station TX, USA 77840 · · · Article 4 -·Purpose · .. . . . . . . . . . . - The purpose for which the company is organized is for the transaction of any and all lawful business for whicl1 limited ~iability companies may be organized under the Texas Business Organizations Code. Su lemental Provisions I Information .. : . -, . · ·. ·: · .. ,. COMMITMENT FOR TITLE INSURANCE T-7 ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE A Effective Date: December 22, 2014, 7:00 am GFNo. 32853 Commitment No. issued December 31, 2014, 11:00 am 1. The policy or policies to be issued are: a. OWNER'S POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one-to-four family residential real estate) Policy Amount: $60,000.00 PROPOSED INSURED: ESPA Manor, LLC b. TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE ONE-TO-FOUR FAMILY RESIDENCES (Form T-lR) Policy Amount: PROPOSED INSURED: c. LOAN POLICY OF TITLE INSURANCE (Form T-2) Policy Amount: $60,000.00 PROPOSED INSURED: CSTX Hotels, LLC Proposed Borrower: ESPA Manor, LLC d. TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T-2R) Policy Amount: PROPOSED INSURED: Proposed Borrower: e. LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) Binder Amount: PROPOSED INSURED: Proposed Borrower: f. OTHER Policy Amount: PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: Fee Simple 3. Record title to the land on the Effective Date appears to be vested in: CSTX Hotels, LLC 4. Legal description of land: All that certain tract or parcel lying and situated in the Crawford Burness League in College Station, Brazos County, Texas, being a part of Lot 2A-1B in Block 1 of a Resubdivision of Lot 2A-1, Southwest Place, according to plat of record in Volume 527, page 583 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: Commencing at a 112' iron rod found at the west corner of Lot 2A-4 in the southeast line of Southwest Parkway, of A Resubdivision of Lots 2A-2 & 2A-3, Southwest Place, according to plat of record in Volume 705, page 625 of the Official Public Records of Brazos County, Texas, which is also the north corner of Block 3 in Southwood Section 19, according to plat of record in Volume 310, page 689 of the Deed Records of Brazos County, Texas from where a 5/8" iron rod with a yellow plastic marked "KERR RPLS 4502" was found S 46° 04' 25" E -837.24 feet, at the east corner of the said Block 3 in Southwood Section 19. Form T-7: Commitment for Title Insurance Page 1 Continuation of Schedule A GFNo. 32853 Thence S 46° 04' 25" E -180.00 feet, along the line between the said Lot 2A-4 and the said Block 3, to where a 1/2" iron rod was found in 1999 at the south corner of Lot 2A-4, which is also the west corner ofsaid Lot 2A-1B; Thence S 46° 04' 25" E -45.00 feet, continuing along the northeast line of said Block 3, being the southwest line of said Lot 2A-1B, to a 112" iron rod with an orange plastic cap marked "H.P. MA YO RPLS 5045" set for the Point of Beginning and west corner of this tract; Thence N 42° 55' 35" E -175.00 feet, through said Lot 2A-1B, parallel and 45.00 feet southeast of the common line of said Lot 2A-1B, and said Lot 2A-4, to another l/2" iron rod with an orange plastic cap marked "H.P. MA YO RPLS 5045" set for the north corner of this tract; Thence S 46° 04' 25" E -241.09 feet, through said Lot 2A-l B, to another 112" iron rod with an orange plastic cap marked "H.P. MAYO RPLS 5045" set for the east corner of this tract in the common line of said Lot 2A-1B and Lot 2B, Block 1 of a Resubdivision of Lot 2 according to plat of record in Volume 498, page 775 of the Deed Records of Brazos County, Texas; Thence S 44° 45' 17" W -175.02 feet, along the line between the said Lot 2A-1B and the said Lot 28, to another l/2" iron rod with an orange plastic cap marked "H.P. MAY RPLS 5045" set for the south corner of Lot 2A-1B and this tract corner; Thence N 46° 04' 25" W -238.55 feet, along the common line of said Lot 2A-1B and said Block 3, to the Point of Beginning and containing 0.964 acres of land more or less. Form T-7: Commitment for Title Insurance Page 2 COMMITMENT FOR TITLE INSURANCE T-7 ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULEB EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and expenses resulting from: l. 'fhe folluwi11g resttictive cove11a11ts-uf recmd ite111ized-betuw-(W"e1TTUSt""eittre1 insert specific recmdi11g data-urdetete-rtri"s exception). 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. Company has approved the current land title survey and upon request, and payment of any promulgated premium, this item will be amended in the policy(ies) to be issued to read: 'shortages in area'. 3. Homestead or community property or survivorship rights, if any of any spouse of any insured. (Applies to the Owner's 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 vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner's Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 2014, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11 .13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short Form Residential Loan Policy of Title Insurance (T-2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the year __ and subsequent years.") 6. The terms and conditions of the documents creating your interest in the land. 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Loan Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Loan Policy (T-2) only.) 9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Loan Policy of Title Insurance (T-2R). (Applies to Texas Short Form Residential Loan Policy of Title Insurance (T-2R) only.) Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Loan Policy of Title Insurance (T-2R). Form T-7: Commitment for Title Insurance Page3 Continuation of Schedule B GFNo. 32853 10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): a. Easements or claims of easements which are not recorded in the public records of Brazos County, Texas. b. Twenty foot (20') public utility easement centered across side lot line adjacent to Lot 2A-3; Twenty foot (20') public utility easement along rear lot line as shown on the Plat recorded in Volume 527, page 583, Deed Records of Brazos County, Texas. c. Fifteen foot (15') building setback line adjacent to Southwood Section 19; Ten foot (10') public utility easement along lot line adjacent to Lot 2A-1B (Diamond Towers IV, LLC); Twenty foot (20') utility easement along lot line adjacent to Southwood Section 19; Seven and a half foot (7.5') building setback line along lot line adjacent to Lot 2B, Block 1 and Ten foot (1 O') waterline easement per survey exhibit supplied by landowner, dated September 12, 2014 and as shown on survey dated December 3, 2014, prepared under the supervision of Henry 0. Mayo, RPLS No. 5045. d. Easement granted to the City of College Station by Wayne Duddlesten, Inc. as set out in instrument dated October 4, 1982, recorded in Volume 571, page 805 of the Deed Records of Brazos County, Texas and as shown on survey dated December 3, 2014, prepared under the supervision of Henry 0. Mayo, RPLS No. 5045. e. Rights of adjoining property owners or the public in general to the use and benefit of access easements and roadways across subject property. f. Mineral Reservation as set out in deed dated January 22, 1982 from James E. Jett, Trustee to Jett Property Management Company, recorded in Volume 507, page 829, Deed Records of Brazos County, Texas. Title to this interest not investigated subsequent to date of said instrument. g. Estate created by oil, gas and mineral lease granted to Central Plains Oil & Gas Corp. by James E. Jett, Trustee by instrument dated December 18, 1991, recorded in Volume 1406, Page 49 of the Official Public Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Title to this lease has not been investigated subsequent to date thereof. h. Form of Memorandum of Lease between CSTX, Hotels, LLC and New Cingular Wireless PCS, LLC, a Delaware limited liability company, dated June 26, 2013, recorded in Volume 11657, page 135 of the Official Public Records of Brazos County, Texas. Corrective Memorandum of Lease, filed of record May 29, 2014, recorded in Volume 12039, page 87 of the Official Public Records of Brazos County, Texas. i. There is expressly excluded from coverage hereunder, and this Company does not insure title to oil, gas and other minerals of every kind and character in, on and under the property herein described. Form T-7: Commitment for Title Insurance Page 4 COMMITMENT FOR TITLE INSURANCE T-7 ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULEC Your Policy will not cover loss, costs, attorneys' fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: a. no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, b. all standby fees, taxes, assessments and charges against the property have been paid, c. all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub- contractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, d. there is legal right of access to and from the land, e. (on a Loan 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 or 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. Vendor's Lien retained in deed dated November 3, 2008 from Soham Enterprises, Incorporated dba Manor House Inn to CSTX Hotels, LLC recorded in Volume 8857, page 236, securing the payment of one note of even date therewith in the principal sum of $2,256,318.00, payable to Quail Creek Bank, N.A., and additionally secured by Deed of Trust of even date therewith executed by CSTX Hotels, LLC to Michael D. Spann, Trustee, said deed of trust filed for record with the County Clerk of Brazos County, Texas on November 3, 2008 and recorded in Volume 8857, Page 243 of the Official Public Records of Brazos County, Texas. 6. Assignment of Rents dated November 3, 2008 by and between CSTX Hotels, LLC (Grantor) and Quail Creek Bank, N.A. (Lender), recorded in Volume 8857, page 251 of the Official Public Records of Brazos County, Texas. 7. Modification of Deed of Trust dated November 3, 2014, by and between CSTX Hotels, LLc and Quail Creek Bank, N.A., recorded in Volume 11716, page 287 of the Official Public Records of Brazos County, Texas. 8. Subordination, Non-Disturbance and Adornment Agreement by and between Quail Creek Bank, N.A., and Diamond Towers IV, LLC, a Delaware limited liability company, dated October 21, 2013, recorded in Volume 11745, page 128 of the Official Public Records of Brazos County, Texas. 9. We Require Certificate of Organization issued by the Secretary of State; Certificate of Good Standing; Copy of and Compliance with Articles of Organization and Regulations and company Resolution indicating authority to convey for CSTX, Hotels, LLC. 10. We reserve the right to search buyer name in the real property records and make additional requirements, if any, in the event that the contract for sale is assigned. Form T-7: Commitment for Title Insurance Page 5 Continuation of Schedule C GFNo. 32853 11. Provide evidence that all Hotel/Motel taxes have been paid. 12. There is a lack of legal access to subject property. FOR INFORMATIONAL PURPOSES ONLY: The following conveyances involving the subject property were recorded within the last 24 months: NONE OF RECORD. Countersigned Aggieland Title Company Form T-7: Commitment for Title Insurance Page6 -" . COMMITMENT FOR TITLE INSURANCE T-7 ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE A Effective Date: December 22, 2014, 7:00 am GFNo. 32717 Commitment No. issued January 5, 2014, 3:30 pm I. The policy or policies to be issued are: a. OWNER'S POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one-to-four family residential real estate) Policy Amount: $50,000.00 PROPOSED INSURED: Jerome M. Skibell b. TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE ONE-TO-FOUR FAMILY RESIDENCES (Form T-lR) Policy Amount: PROPOSED CNSURED: c. LOAN POLICY OF TITLE INSURANCE (Form T-2) Policy Amount: PROPOSED INSURED: Proposed Borrower: d. TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T-2R) Policy Amount: PROPOSED INSURED: Proposed Borrower: e. LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) Binder Amount: PROPOSED INSURED: Proposed Borrower: f. OTHER Policy Amount: PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: Fee Simple 3. Record title to the land on the Effective Date appears to be vested in: CSTX Hotels, LLC 4. Legal description of land: All that certain tract or parcel of land lying and being situated in the Crawford Burnett League in College Station, Brazos County, Texas, being part of Lot 2A-1B in Block 1 in Block 1 of A Resubdivision of Lot 2A-1, Southwest Place, according to plat of record in Volume 527, page 583 of the Deed Records of Brazos County, Texas and being more particularly described as follows: Commencing at a 1/2" iron rod found at the west corner of Lot 2A-4 in the southeast line of Southwest Parkway, of A Resubdivision of Lots 2A-2 & 2A-3, Southwest Place, according to plat of record in Volume 705, page 625 of the Official Public Records of Brazos County, Texas, which is also the north corner of Block 3 in Southwood Section 19 according to plat of record in Volume 310, page 689 of the Deed Records of Brazos County, Texas, from where a 5/8" iron rod with a yellow plastic cap marked "KERR RPLS 4502" was found S 46° 04' 25" E -837.24 feet, at the east corner of the said Block 3 in Southwest Section 19. Thence S 46° 04' 25" E -180.00 feet, along the line between the said Lot 2A-4 and the said Block 3, to the Point of Form T-7: Commitment for Title Insurance Page l Continuation of Schedule A GFNo. 32717 Beginning of this tract where a 1/2" iron rod was found in 1999 at the south corner of Lot 2A-4, which is also the west corner of said Lot 2A-1B and this tract; Thence N 43° 55' 35" E -175.00 feet, the common line of said Lot 2A-1B, to a 1/2" iron rod with an orange plastic cap marked "H.P, MA YO RPLS 5045" set for north corner of this tract; Thence S 46° 04' 25" E -45.00 feet, through said Lot 2A-JB, to another 1/2" iron rod with an orange plastic cap marked "H.P. MA YO RPLS 5045" set for the east corner of this tract; Thence S 43° 55' 35" W -175.00 feet, through said Lot 2A-1B, to another 1/2" iron rod with an orange plastic cap marked "H.P. MAYO RPLS 5045" for the south corner of this tract; Thence N 46° 04' 25" W -45.00 feet, along the common line of said Lot 2A-1B and said Block 3, to the Point of Beginning and containing 0.181 acres more or less. Form T-7: Commitment for Title Insurance Page 2 COMMITMENT FOR TITLE INSURANCE T-7 ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULEB EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and expenses resulting from: 1. 'f'he following testrictive cuvena11tnif-rerord ite111izedirefowiWe-mushmtre1 iJ1se1t specific tecmdhtg data-untetete-rtris exceptio11). 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. Company has approved the current land title survey and upon request, and payment of any promulgated premium, this item will be amended in the policy(ies) to be issued to read: 'shortages in area'. 3. Homestead or community property or survivorship rights, if any of any spouse of any insured. (Applies to the Owner's 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 I ine of mean low tide to the I ine of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner's Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 2014, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short Form Residential Loan Policy of Title Insurance (T-2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the year __ and subsequent years.") 6. The terms and conditions of the documents creating your interest in the land. 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, ifthe land is part of the homestead of the owner. (Applies to the Loan Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Loan Policy (T-2) only.) 9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Loan Policy of Title Insurance (T-2R). (Applies to Texas Short Form Residential Loan Policy of Title Insurance (T-2R) only.) Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Loan Policy of Title Insurance (T-2R). Form T-7: Commitment for Title Insurance Page 3 Continuation of Schedule B GFNo. 32717 10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): a. Seven and a half foot (7.5') building setback line along lot line adjacent to lot 2A-4; Ten foot (10') Waterline easement (Diamond Towers, IV, LLC), per survey exhibit supplied by landowner dated September 12, 2014; Twenty foot (20') public utility easement centered on lot line adjacent to Lot 2A-4; Twenty foot (20') utility easement along lot line adjacent to Southwood Section 19 and a Ten foot (10') utility easement along lot line adjacent to Lot 2A-1B as shown on survey dated December 18, 2014, prepared under the supervision of Henry P/ Mayo, RPLS No. 5045. b. Easements or claims of easements which are not recorded in the public records of Brazos County, Texas. c. Twenty foot (20') public utility easement along rear lot line and a Twenty foot (20') public utility easement centered across side lot line adjacent to Lots 2A-2 and 2A-3 as shown on the Plat recorded in Volume 527, page 583, Deed Records of Brazos County, Texas. d. Easement granted to the City of College Station by Parkway Investment Corporation as set out in instrument dated May 12, 1972, recorded in Volume 304, page 67 of the Deed Records of Brazos County, Texas. e. Easement granted to Ensearch Corporation by James E. Jett, Trustee as set out in instrument dated March 2, 1977, recorded in Volume 371, page 326 of the Deed Records of Brazos County, Texas, as shown on the Plat recorded in Volume 527, page 583, Deed Records of Brazos County, Texas. f. Non-exclusive, perpetual easements for the purpose of ingress and egress, together with agreement for the use and maintenance thereof as set out in Correction Deed from Manor House Inns of America, Inc. to H. L. H. Enterprises, Inc., dated May 20, 1983, recorded in Volume 579, page 124 of the Deed Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Said easements being partially released in instrument recorded in Volume 5096, page 1 of the Official Public Records of Brazos County, Texas. g. Easement granted to the City of College Station by Wayne Duddlesten, Inc. as set out in instrument dated October 4, 1982, recorded in Volume 571, page 805 of the Deed Records of Brazos County, Texas. h. Rights of adjoining property owners or the public in general to the use and benefit of access easements and roadways across subject property. i. Mineral Reservation as set out in deed dated January 22, 1982 from James E. Jett, Trustee to Jett Property Management Company, recorded in Volume 507, page 829, Deed Records of Brazos County, Texas. Title to this interest not investigated subsequent to date of said instrument. j. Estate created by oil, gas and mineral lease granted to Central Plains Oil & Gas Corp. by James E. Jett, Trustee by instrument dated December 18, 1991, recorded in Volume 1406, Page 49 of the Official Public Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Title to this lease has not been investigated subsequent to date thereof. k. Form of Memorandum of Lease between CSTX, Hotels, LLC and New Cingular Wireless PCS, LLC, a Delaware limited liability company, dated June 26, 2013, recorded in Volume 11657, page 135 of the Official Public Records of Brazos County, Texas. Corrective Memorandum of Lease, filed of record May 29, 2014, recorded in Volume 12039, page 87 of the Official Public Records of Brazos County, Texas. I. There is expressly excluded from coverage hereunder, and this Company does not insure title to oil, gas and other minerals of every kind and character in, on and under the property herein described. Form T-7: Commitment for Title Insurance Page 4 '• COMMITMENT FOR TITLE INSURANCE T-7 ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULEC Your Policy will not cover loss, costs, attorneys' fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unJess you dispose of these matters to our satisfaction, before the date the Policy is issued: 1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: a. no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, b. all standby fees, taxes, assessments and charges against the property have been paid, c. all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub- contractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, d. there is legal right of access to and from the land, e. (on a Loan 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 or 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. Vendor's Lien retained in deed dated November 3, 2008 from Soham Enterprises, Incorporated dba Manor House Inn to CSTX Hotels, LLC recorded in Volume 8857, page 236, securing the payment of one note of even date therewith in the principal sum of $2,256,318.00, payable to Quail Creek Bank, N.A., and additionally secured by Deed of Trust of even date therewith executed by CSTX Hotels, LLC to Michael D. Spann, Trustee, said deed of trust filed for record with the County Clerk of Brazos County, Texas on November 3, 2008 and recorded in Volume 8857, Page 243 of the Official Public Records of Brazos County, Texas. 6. Assignment of Rents dated November 3, 2008 by and between CSTX Hotels, LLC (Grantor) and Quail Creek Bank, N.A. (Lender), recorded in Volume 8857, page 251 of the Official Public Records of Brazos County, Texas. 7. Modification of Deed of Trust dated November 3, 2014, by and between CSTX Hotels, LLC and Quail Creek Bank, N.A., recorded in Volume 11716, page 287 of the Official Public Records of Brazos County, Texas. 8. Subordination, Non-Disturbance and Adornment Agreement by and between Quail Creek Bank, N.A., and Diamond Towers IV, LLC, a Delaware limited liability company, dated October 21, 2013, recorded in Volume 11745, page 128 of the Official Public Records of Brazos County, Texas. 9. We Require Certificate of Organization issued by the Secretary of State; Certificate of Good Standing; Copy of and Compliance with Articles of Organization and Regulations and company Resolution indicating authority to convey for CSTX, Hotels, LLC. 10. We reserve the right to search buyer name in the real property records and make additional requirements, if any, in the event that the contract for sale is assigned. Form T-7: Commitment for Title Insurance Page 6 Continuation of Schedule C GFNo. 32717 11. Provide evidence that all Hotel/Motel taxes have been paid. 12. There is a lack of legal access to subject property. FOR INFORMATIONAL PURPOSES ONLY: The following conveyances involving the subject property were recorded within the last 24 months: NONE OF RECORD. Countersigned Aggieland Title Company Form T-7: Commitment for Title Insurance Page 7 I I COMMITMENT FOR TITLE INSURANCE T-7 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY SCHEDULE A Effective Date: December 29, 2014, 7:00 am GFNo. 32628 Commitment No. issued January 7, 2014, 4:30 pm I. The policy or policies to be issued are: a. OWNER'S POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one-to-four family residential real estate) Policy Amount: PROPOSED INSURED: b. TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE ONE-TO-FOUR FAMILY RESIDENCES (Form T-lR) Policy Amount: $5,600,000.00 PROPOSED INSURED: ESP A Manor LLC c. LOAN POLICY OF TITLE INSURANCE (Form T-2) Policy Amount: $4,610,000.00 PROPOSED INSURED: Royal Business Bank Proposed Borrower: ESPA Manor LLC d. TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T-2R) Policy Amount: PROPOSED INSURED: Proposed Borrower: e. LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) Binder Amount: PROPOSED INSURED: Proposed Borrower: f. OTHER Policy Amount: PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: Fee Simple 3. Record title to the land on the Effective Date appears to be vested in: CSTX Hotels, LLC 4. Legal description of land: All that certain tract or parcel of land lying and being situated in the Crawford Burnett League in College Station, Brazos County, Texas, being a part of Lot 2A-J Bin Block 1 of A Resubdivision of Lot 2A-1, Southwest Place, according to plat of record in Volume 527, page 583 of the Deed Records of Brazos County, Texas, and being more particularly described as foIJows: Commencing at a 1/2" iron rod found at the west corner of Lot 2A-4 in the southeast line of Southwest Parkway, of A Resubdivision of Lots 2A-2 & 2A-3, Southwest Place, according to plat of record in Volume 705, page 625 of the Official Public Records of Brazos COunty, Texas, which is also the north corner of Block 3 in Southwood Section 19, according to plat of record in Volume 310, page 689 of the Deed Records of Brazos County, Texas, from where a 5/8" iron rod with a yellow plastic cap marked "KERR RPLS 4502" was found S 46° 04' 25" E-837.24 feet, at the east corner of the said Block 3 in Southwood Section 19. Thence S 46° 04' 25" E -180.00 feet, along the line between the said Lot 2A-4 and the said Block 3 to where a 1/2" Form T-7: Commitment for Title Insurance Page 1 Continuation of Schedule A GFNo. 32628 iron rod was found in 1999 at the south corner of Lot 2A-4, which is also the west corner of said Lot 2A-1B; Thence N 43° SS' 3S" E -17S.OO feet, along the line between the said Lot 2A-4 and the said Lot 2A-1B, to a 112' iron rod with an orange plastic cap marked "H.P. MAYO RPLS S04S" set for the Point of Beginning of this tract; Thence N 43° SS' 3S" E -293.90 feet, continuing along the line between the said 2A-1B and Lot 2A-4, Lot 2A-3, Lot 2A-2, in said resubdivision of Lots 2A-2 & 2A-3, and Lot 1, Block One in Southwest Place according to plat of record in Volume 360, page 97 of the Deed Records of Brazos County, Texas, to a 112" iron rod with an orange plastic cap marked "H.P. MA YO RPLS S04S" set for common corner of the said Lot 2A-1B and Lot 2A-1A, Block 1 in said resubdivision of Lot 2A-1; THENCE S 46° 04' 2S" E -33.00 feet, along a line between said Lot 2A-1A and the said Lot 2A-1B, to a hole drilled in concrete for corner; Thence S 43° SS' 3S" W -6S.OO feet, along another line between said Lot 2A-IA and Lot 2A-1B, to a 112" iron rod with an orange plastic cap marked "H.P. MA YO RPLS S04S" set for corner; Thence S 46° 04' 2S" E -109.00 feet, along another line between said Lot 2A-IA and Lot 2A-1B, to a hole drilled in the top of a concrete curb for corner; Thence N 43° SS' 3S" E -216.36 feet, along another line between said Lot 2A-1A and Lot 2A-IB, to a Magnail set in concrete in the southwest line of Texas Avenue described in deed to the State of Texas recorded in Volume S096, page 12 of the Official Public Records of Brazos County, Texas; Thence S 46° 03' 20" E -1SO.S2 feet, along the said southwest line of Texas Avenue to another Magnail set in concrete in the common line of said Lot 2A-1B and Lot 2B, Block 1 of A Resubdivision of Lot 2 according to plat of record in Volume 498, page 77S of the Deed Records of Brazos County, Texas, from where an iron rod with an aluminum cap marked "TXDOT R.O.W." was found S 46° 03' 20" E -166.64 feet; Thence S 44° 4S' 17" W -44S.26 feet, along the line between the said Lot 2A-1B and the said Lot 2B, to a 112" iron rod with an orange plastic cap marked "H.P. MA YO RPLS S04S" set for corner; Thence N 46° 04' 2S" W -286.09 feet, through the said 2A-IB, to the Point of Beginning and containing 2.301 acres of land more or less. Note: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item No. 2 of Schedule B. Form T-7: Commitment for Title Insurance Page 2 COMMITMENT FOR TITLE INSURANCE T-7 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY SCHEDULEB EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and expenses resulting from: J. 'fbe following 1est1ictive covenants-of tecmd ite111izediretuwi'WelTllJ"Snmire1 i11se1t specific iecmding data-urdetete-rtris exceptim1). 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. Company has approved the current land title survey and upon request, and payment of any promuJgated premium, this item will be amended in the policy(ies) to be issued to read: 'shortages in area'. 3. Homestead or community property or survivorship rights, if any of any spouse of any insured. (Applies to the Owner's 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 vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner's Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 2014, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11 .13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short Form Residential Loan Policy of Title Insurance (T-2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of"for the year __ and subsequent years.") 6. The terms and conditions of the documents creating your interest in the land. 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, ifthe land is part of the homestead of the owner. (Applies to the Loan Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Loan Policy (T-2) only.) 9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Loan Policy of Title Insurance (T-2R). (Applies to Texas Short Form Residential Loan Policy of Title Insurance (T-2R) only.) Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Loan Policy of Title Insurance (T-2R). Form T-7: Commitment for Title Insurance Page 3 Continuation of Schedule B GFNo. 32628 10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): a. Easements or claims of easements which are not recorded in the public records of Brazos County, Texas. b. Twenty-five foot (25') old access easement along front lot line; Ten foot (10') public utility easement along front lot line; Twenty foot (20') public utility easement centered across side lot line adjacent to Lots 2A-2 and 2A-3; Twenty foot (20') public utility easement along rear lot line and a portion of Thirty foot (30') joint access easement along front property corner adjacent to Lots 2-B all and as shown on the Plat recorded in Volume 527, page 583, Deed Records of Brazos County, Texas. c. Twenty-five foot (25') access easement along front lot line; Twenty-five foot (25') front building setback line; Ten foot (10') public utility easement along front lot line; Ten foot (to') public utility easement along rear lot line; Twenty foot (20') public utility easement centered across side lot line adjacent to Lots 2A-2 and 2A-3; Seven and a half foot (7.5') building setback line along interior lot lines and Ten foot (10') waterline easement per survey exhibit supplied by landowner, dated September 12, 2014 and as shown on survey dated December 3, 2014, prepared under the supervision of Henry 0. Mayo, RPLS No. 5045. d. Easement (0.0284 acres) and Access Property Tract (0.0762 acres) as noted in Correction General Warranty Deed from Manor Bouse of America, Inc., a Texas Corporation to H.L.H. Enterprises, Inc., a Texas Corporation (having since changed its name to Kettle Restaurants) as shown on survey dated December 3, 2014, prepared under the supervision of Henry 0. Mayo, RPLS No. 5045. e. Access Easement in Corrective Memorandum of Lease (Diamond Towers IV, LLC), filed of record May 29, 2014, recorded in Volume 12039, page 87 of the Official Public Records of Brazos County, Texas and as shown on survey dated December 3, 2014, prepared under the supervision of Henry 0. Mayo, RPLS No. 5045. f. Easement granted to the City of ColJege Station by Parkway Investment Corporation as set out in instrument dated May 12, 1972, recorded in Volume 304, page 67 of the Deed Records of Brazos County, Texas and as shown on survey dated December 3, 2014, prepared under the supervision of Henry 0. Mayo, RPLS No. 5045. g. Easement granted to Ensearch Corporation by James E. Jett, Trustee as set out in instrument dated March 2, 1977, recorded in Volume 371, page 326 of the Deed Records of Brazos County, Texas, as shown on the Plat recorded in Volume 527, page 583, Deed Records of Brazos County, Texas and as shown on survey dated December 3, 2014, prepared under the supervision of Henry 0. Mayo, RPLS No. 5045. h. Non-exclusive, perpetual easements for the purpose of ingress and egress, together with agreement for the use and maintenance thereof as set out in Correction Deed from Manor House Inns of America, Inc. to H. L. H. Enterprises, Inc., dated May 20, 1983, recorded in Volume 579, page 124 of the Deed Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Said easements being partially released in instrument recorded in Volume 5096, page 1 of the Official Public Records of Brazos County, Texas. i. Easement granted to the City of College Station by Wayne Duddlesten, Inc. as set out in instrument dated October 4, 1982, recorded in Volume 571, page 805 of the Deed Records of Brazos County, Texas and as shown on survey dated December 3, 2014, prepared under the supervision of Henry 0. Mayo, RPLS No. 5045. j. Rights of adjoining property owners or the public in general to the use and benefit of access easements and roadways across subject property. k. Mineral Reservation as set out in deed dated January 22, 1982 from James E. Jett, Trustee to Jett Property Management Company, recorded in Volume 507, page 829, Deed Records of Brazos County, Texas. Title to this interest not investigated subsequent to date of said instrument. Form T-7: Commitment for Title Insurance Page 4 Continuation of Schedule B GFNo. 32628 I. Estate created by oil, gas and mineral lease granted to Central Plains Oil & Gas Corp. by James E. Jett, Trustee by instrument dated December 18, 1991, recorded in Volume 1406, Page 49 of the Official Public Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Title to this lease has not been investigated subsequent to date thereof. m. Form of Memorandum of Lease between CSTX, Hotels, LLC and New Cingular Wireless PCS, LLC, a Delaware ljmited liability company, dated June 26, 2013, recorded in Volume 11657, page 135 of the Official Public Records of Brazos County, Texas. Corrective Memorandum of Lease, filed of record May 29, 2014, recorded in Volume 12039, page 87 of the Official Public Records of Brazos County, Texas. n. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. Form T-7: Commitment for Title Insurance Page 5 COMMITMENT FOR TITLE INSURANCE T-7 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY SCHEDULEC Your Policy will not cover loss, costs, attorneys' fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: l. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: a. no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, b. all standby fees, taxes, assessments and charges against the property have been paid, c. all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub- contractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, d. there is legal right of access to and from the land, e. (on a Loan 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 or 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. Vendor's Lien retained in deed dated November 3, 2008 from Soham Enterprises, lncorporated dba Manor House Inn to CSTX Hotels, LLC recorded in Volume 8857, page 236, securing the payment of one note of even date therewith in the principal sum of $2,256,318.00, payable to Quail Creek Bank, N.A., and additionally secured by Deed of Trust of even date therewith executed by CSTX Hotels, LLC to Michael D. Spann, Trustee, said deed of trust filed for record with the County Clerk of Brazos County, Texas on November 3, 2008 and recorded in Volume 8857, Page 243 of the Official Public Records of Brazos County, Texas. 6. Assignment of Rents dated November 3, 2008 by and between CSTX Hotels, LLC (Grantor) and Quail Creek Bank, N.A. (Lender), recorded in Volume 8857, page 251 of the Official Public Records of Brazos County, Texas. 7. Modification of Deed of Trust dated November 3, 2014, by and between CSTX Hotels, LLc and Quail Creek Bank, N.A., recorded in Volume 11716, page 287 of the Official Public Records of Brazos County, Texas. 8. Subordination, Non-Disturbance and Adornment Agreement by and between Quail Creek Bank, N.A., and Diamond Towers IV, LLC, a Delaware limited liability company, dated October 21, 2013, recorded in Volume ll745, page 128 of the Official Public Records of Brazos County, Texas. 9. We Require Certificate of Organization issued by the Secretary of State; Certificate of Good Standing; Copy of and Compliance with Articles of Organization and Regulations and company Resolution indicating authority to convey for CSTX, Hotels, LLC. JO. We reserve the right to search buyer name in the real property records and make additional requirements, if any, in the event that the contract for sale is assigned. Form T-7: Commitment for Title Insurance Page 6 Continuation of Schedule C GFNo. 32628 11. Provide evidence that all Hotel/Motel taxes have been paid. FOR INFORMATIONAL PURPOSES ONLY: The following conveyances involving the subject property were recorded within the last 24 months: NONE OF RECORD. Countersigned Aggieland Title Company Form T-7: Commitment for Title Insurance Page 7 tz CITY oF crni..EGE STAT10: __________ ................. e~ Home of Texas A&M Univmity• Ci $ , .. -"" MEMORANDUM DATE: February 2, 2015 TO: ESPA Manor LLC, via; espamanor@gmail.com FROM : Rachel Lazo, Planning Technician SUBJECT: SOUTHWEST PLACE LOTS 2A-4A&2A-1 BA, BLK 1 Staff reviewed the above-mentioned final plat as requested . The following page is a list of staff review comments detailing items that need to be addressed. Please submit the following information and address the attached list of staff review comments: One (1) 24"x36" copy of the revised final plat; One (1) Mylar original of the revised final plat; and One (1) copy of the digital file of the final plat on diskette or e-mail to: pdsdigitalsubmittal@cstx.gov. Upon receipt of the required documents, your project will be considered formally filed with the City of College Station. Please note that this application will expire in 90 days from the date of this memo, if the applicant has not provided written response comments and revised documents to the Administrator that seek to address the staff review comments contained herein. Please note that a Mylar original of the revised final plat will be required after Staff approval and prior to the filing of the plat. If you have any questions or need additional information, please call me at (979) 764-3570. Attachments: Staff Review Comments PC: Kerr Surveying LLC, via; louise.barker@suddenlinkmail.com P&DS Project No. 15-00900016 Plan11ing & Development Services P.O. BOX 9960 • 1101 TEXAS AVENUE ·COLLEGE STATION ·TEXAS • 77842 TEL 979.764.3570 ·FAX. 979.764.3496 cstx.gov/devservices STAFF REVIEW COMMENTS NO. 1 Project: Southwest Place Lots 2a-4a&2a-1 ba , Blk 1 (15-00900016) PLANNING 1. Please note that any changes made to the plans , that have not been requested by the City of College Station , must be explained in your next transmittal letter. Any additional changes on these plans that the City has not been made aware of will constitute a completely new review. 2. Please note that you may be required to submit paid tax certificates if they are not current prior to the fil ing of your plat. 3. Please change the title block to say : FINAL PLAT of LOTS 2A-4A & 2A-1 BA, BLOCK 1 SOUTHWEST PLACE BEING AN AMENDING PLAT OF LOT 2A-4, BLOCK 1, SOUTHWEST PLACE AND LOT 2A-1 B, BLOCK 1, SOUTHWEST PLACE Reviewed by: Rachel Lazo Date: February 2, 2015 ENGINEERING COMMENTS NO. 1 1. FYI the survey plat is showing a rear tract of .964 acres. If in the future the plan is to separate it from lot 2A-1 B block 1, the tract will need to take into account for sanitary sewer access. Reviewed by: Kevin Ferrer Date: January 28, 2015 ELECTRICAL COMMENTS REQUIRING IMMEDIATE ATTENTION 1. SITE PLAN/PLAT: Developer will provide CSU with a digital, AutoCAD dwg format, version of plat and I or site plan as soon as it is available. Email to: gmartinez@cstx.gov , sweido@cstx.gov , or wdavis@cstx.gov 2. LOAD DATA: The developer will provide load data to CSU as soon as it is available . This information is critical for CSU to accurately determine the size and number of transformers, and other equipment, required to provide service to the project. Failure to provide load data will result in construction delays and, due to clearance requ irements, could affect the final building footprint. Delivery time for transformers and other equipment not in stock is approximate 26 weeks. 3. EASEMENTS: Developer provides descriptive easements for electric infrastructure as designed by CSU, as shown on plat or site plan. 4. If easements are existing, the developer will be responsible for locating easements on site to insure that electrical infrastructure is installed within easement boundaries. 5. The following easements will be required: • 15' PUE along Texas Avenue please GENERAL ELECTRICAL COMMENTS 1. Developer installs conduit per CSU specs and design. 2. CSU will provide drawings for electrical installation. 3. Developer provides 30' of rigid or IMC conduit for each riser conduit. CSU installs riser. 4. Developer will intercept existing conduit at designated transformers or other existing devices and extend as required. 5. If conduit does not exist at designated transformer or other existing devices, developer will furnish and install conduit as shown on CSU electrical layout. 6. Developer pours electric device pads or footings, i.e. transformers, pull boxes, or other device, per CSU specs and design. 7. Developer installs pull boxes and secondary pedestals per CSU specs and design, Pull boxes and secondary pedestals provided by CSU. 8. Final site plan must show all proposed electrical facilities necessary to provide electrical service, i.e. transformers, pull boxes, or switchgears, all meter locations, and conduit routing as designed by CSU . 9. To discuss any of the above electrical comments please contact Gilbert Martinez at 979.764.6255, Sam Weida at 979 .764.6314, or Weldon Davis at 979.764.5027. Reviewed by: Weldon Davis Date: January 20, 2015 SANITATION 1. Sanitation is ok with this project. Reviewed by: Wally Urrutia Date: January 21 , 2015 ~""11111"" ... ..,._._ _________ ~C:rTY OF C ou.EGE STATIONI -----------------Home of Texas A&M University" =---~ MEMORANDUM DATE: January 16, 2015 TO: ESPA Manor LLC, via; espamanor@gmail.com J FROM : Rachel Lazo, Planning Technician SUBJECT: SOUTHWEST PLACE LOTS 2A-4A&2A-1 BA, BLK 1 Thank you for the submittal of your Final Plat -Minor or Amending application. Kevin Ferrer, Graduate Engineer I, and I have been assigned to review this project. It is anticipated that the review will be completed and any staff comments returned to you on or before Monday, ::brua:.:: :~:.~:::~~:v:i:;u:~t:~::~n~~~:.~:~t~~~~:::~:~:el 7 contact us. P&DS Project No. 15-00900016 Pla11ni11g & Develop1ne11t Services P.O. BOX 9960 · 1101 TEXAS AVENUE • COLLEGE STATlON • TEXAS • 77842 TEL. 979.764.3570 ·FAX. 979.764.3496 csb1.gov/devservices PLANNING & DEVELOPMENT SERVICES 16~/ LP O'.?/ ltpJ/5 Cj ·~O f\Y Crn-OF Coll.EGE Sr...r10N TRANSMITTAL COVER LETTER Please check one of the options below to clearly define the purpose of your submittal. C Documents for a previous incomplete submittal ~Existing Project Submittal / Contact Name: Phone No.: ld0f -3/Cf£" We are transmitting the following for Planning & Development Services to review and comment. (Please check fill that apply). C Comprehensive Plan Amendment ['Rezoning Application D Non-Residential Architectural Standards 0 Irrigation Plan C Master Development Plan C Preliminary Plat ltf"inal Plat C Development Plat CSite Plan C Special District Site Plan I Special District Building I Sign C Landscape Plan INFRASTRUCTURE AND ENGINEERING DOCUMENTS OVariance Request 0 Development Permit D Conditional Use Permit 0 FEMA CLOMA/CLOMR/LOMA/LOMR D Grading Plan O Other -Please specify below All infrastructure documents must be submitted as a complete set The following are included in the complete set: [i TxDOT Driveway Permit r TxDOT Utility Permit C Drainage Letter or Report r. Fire Flow Analysis I Other -Please specify Special Instructions: 29-Aug-OB [j Waterline Construction Documents 0 Sewerline Construction Documents [J Drainage Construction Documents O Street Construction Documents O Easement Application ' .................... j PLANNING & DEVELOPMENT SERVICES Cm · OF Coll.EGE ST.'1:r10N TRANSMITTAL COVER LETTER Please check one of the options below to clearly define the purpose of your submittal. C Documents for a previous incomplete submittal cg_Existing Project Submittal 0 Project Name: '3dvlf-CW~ Contact Name: I fa Jc':;ti~ ~ Phone No.: We are transmitting the following for Planning & Development SeNices to review and comment. (Please check all that apply). C Comprehensive Plan Amendment r Rezoning Application C Master Development Plan L. Preliminary Plat C Final Plat C Development Plat CSite Plan C Special District Site Plan I Special District Building I Sign C Landscape Plan INFRASTRUCTURE AND ENGINEERING DOCUMENTS D Non-Residential Architectural Standards 0 Irrigation Plan OVariance Request [j Development Permit D Conditional Use Permit 0 FEMA CLOMA/CLOMR/LOMA/LOMR O Grading Plan OOther-Please specify below All infrastructure documents must be submitted as a complete set The following are included in the complete set: [J Waterline Construction Documents [i TxDOT Driveway Permit J; TxDOT Utility Permit C Drainage Letter or Report r. Fire Flow Analysis I Other -Please specify Special Instructions: 29-Aug-08 [J Sewerline Construction Documents [J Drainage Construction Documents O Street Construction Documents O Easement Application ................. j -------------------- --- vr PLANNING & DEVELOPMENT SERVICES On-OF Coll.EGE ST...:r10N TRANSMITTAL COVER LETTER Please check one of the options below to clearly define the purpose of your submittal. C Documents for a previous incomplete submittal C Existing Project Submittal We are transmitting the following for Planning & Development SeNices to review and comment. (Please check fill that apply). C Comprehensive Plan Amendment r Rezoning Application D Non-Residential Architectural Standards 0 Irrigation Plan C Master Development Plan C Preliminary Plat EinalPlat C Development Plat CSite Plan C Special District Site Plan I Special District Building I Sign C Landscape Plan INFRASTRUCTURE AND ENGINEERING DOCUMENTS OVariance Request [J Development Permit D Conditional Use Permit 0 FEMA CLOMA/CLOMR/LOMA/LOMR O Grading Plan O Other -Please specify below All infrastructure documents must be submitted as a complete set The following are included in the complete set: C Waterline Construction Documents n TxDOT Driveway Permit J; TxDOT Utility Permit C Drainage Letter or Report r. Fire Flow Analysis I Other -Please specify 0 Sewerline Construction Documents [J Drainage Construction Documents D Street Construction Documents O Easement Application ! ............... j Special Instructions: CITY OF COLLEGE STATION Home o/Texas A&M University' FINAL PLAT APPLICATION FOR OFFICE USE ONLY CASE NO.: \S-0g:p \ \.£? DATE SUBMITTED: 0\)1%G TIME: D ·.20 STAFF: _P'\,_u._.__ ______ _ (Check one) 0 Minor ($700) ~Amending ($700) 0 Final ($932) 0 Vacating ($932) 0Replat ($932) Is this plat in the ET J? O Yes ii' No Is this plat Commercial ~ or Residential D MINIMUM SUBMITTAL REQUIREMENTS: /~700-$932 Final Plat Application Fee (see above). --8 $233 Waiver Request to Subdivision Regulations Fee (if applicable). -B $600 (minimum) Development Permit Application I Public Infrastructure Review and Inspection Fee. Fee is 1 % of acceptable Engineer's Estimate for public infrastructure, $600 minimum (if fee is > $600, the balance is due prior to the issuance of any plans or development permit). /[!f Application completed in full. This application form provided by the City of College Station must be used and may not be adjusted or altered. Please attach pages if additional information is provided. N's ix (6) folded copies of plat. (A signed mylar original must be submitted after approval.) 1.----t;J Two (2) copies of the grading, drainage, and erosion control plans with supporting drainage report. ---fJ Two (2) copies of the Public infrastructure plans and supporting documents (if applicable). -fJ Copy of original deed restrictions/covenants for replats (if applicable). ~Title report for property current within ninety (90) days or accompanied by a Nothing Further Certificate current within ninety (90) days. The report must include applicable information such as ownership, liens, encumbrances, etc. k"Paid tax certificates from City of College Station, Brazos County and College Station l.S.D. ~The attached Final Plat checklist with all items checked off or a brief explanation as to why they are not. NOTE: A mylar of the approved preliminary plan must be on file before a final plat application will be considered complete. If the mylar is submitted with the final plat application, it shall be considered a submittal for the preliminary plan project and processed and reviewed as such. Until the mylar has been confirmed by staff to be correct, the final plat application will be considered incomplete. Date of Optional Preapplication or Stormwater Management Conference NAME oF PROJECT Scxibwesf Fbcc: ADDRESS JSol/-~e)({l,5 Ave.. SPECIFIED LOCATION OF PROPOSED PLAT: APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name E:._SPA Ll.~V\cY LLC... E-mail e..spq !/\/\ vtc:Jv ~ J=Lu._~~ L~ Street Address 2 'SD 4 ~ S Ave ~ City Cs:::>LLEG-6 ~<SN State it' ZipCode 7784-Q Phone Number ('l'Sb) ~ 4 78 -s"9 l ~ Fax Number Revised 4/14 Page 1 of 9 PROPERTY OWNER'S INFORMATION (All owners must be identified. Please attach an additional sheet for multiple owners): ~ fl Name ~A M ~Vlti< L-LC.. E-mail <2-Spct \,V\dVlC!'r ~dlU...C(..UI .__ tCANf Street Address 2...'50\.\ -r~~ A-y-t_. ~'\J~ City C..co( k_~ 'S ~ hCSV) State I °"'f' Zip Code 77 946 Phone Number (q Sb) 4 7 8 -SE L S-Fax Number ARCHITECT OR ENGINEER'S INFORMATION: Name furr ~rll~ LU-- street Address q = .S Alf e E-mail louise. ba.rker@:xxidenlivikM.it. CDrn City f)n{evb State TJ( Zip Code '11i03 Phone Number JB{a ~ -3J<{S" Fax Number tfll -gC(()lf Do any deed restrictions or covenants exist for this property? D Yes 1)21 No Is there a temporary blanket easement on this property? If so, please provide the Volume )} /fl and Page No. I --- Total Acreage Tot a I No. of Lots 2' R-0-W Acreage JL...,...bL-fl.__ ___ _ Existing Use flirmmmlc...R Proposed Use C!ffm~'q_{J Number of Lots By Zoning District q ~ I ~Z~­ Average Acre/A-Of Each Residential Lot By Zoning District: j) I /~- Floodplain Acreage --'-~~~~~------------------------------­ Is there Special Flood Hazard Area (Zone A or Zone AE on FEMA FIRM panels) on the property? I Yes ~No This information is necessary to help staff identify the appropriate standards to review the application and will be used to help determine if the application qualifies for vesting to a previous ordinance. Notwithstanding any assertion made, vesting is limited to that which is provided in Chapter 245 of the Texas Local Government Code or other applicable law. Is this application a continuation of a project that has received prior City platting approval(s) and you are requesting the application be reviewed under previous ordinance as applicable? I Yes ~No If yes, provide information regarding the first approved application and any related subsequent applications (provide additional sheets if necessary): Project Name: City Project Number (if known): Date I Timeframe when submitted: Revised 4/14 Page 2 of 9 PROPERTY OWNER'S lNFORMATION (All ownets mus! be identified. Plea.se attach an additional sheet for multiple c·.vners): • , , N<ime ~..d(~::5j; d-,_¢'. ! I , E-mail Jr-.(<'f(ffl. SiKt be ilfU:!~cju:; .. C:..<"'-'11 StreetAddres;; 1. U!C:adet:l.Grrtc j)C tlle _ ··------------ City J-/a I f4s., State _Tx_ Zip Code ·-z;i; k._2-Q_ Phone Number ~./-"J:.D.d!?J 311. Fax Number _9.2. z/k--1'3 ~ !>" 2-:S" 2..... ARCHITECT OR ENGINEER'S lNFORMA TION. Name E-mail ·-------·---- Street Address City Slate Zip Code ___ _ __ _ Phone Numt>P.r ____ ------Fax Number Oo any deed rcstric'.ions or covenants exist for this property? [l Yes O No Is there a temporary b!;:mket easement on this prcpc,-rty? I! so, please provide the Volume: ____ and Page No. __ _ Total Acre<ige Existing Use ------·· Number of Lots By Zoning District Total No. of Lot.s Proposed Use R-0-W Acreage ------ -----·-· ···-·---------- Average Acreage Of Eact1 Residential lot By Zoning Dist!ict. ·--1 .. ___ { __ ---'---__, __ _ Floodplain Acreage -·---- Is there Special Flood H;mm:J Area {Zone A or Zone AE on FEMA FIRM panels) on the property? I Yes r No !This information IS -necessar/ to help Staff identify the appropriate standards lO review the application and will be US~ to lhelp determine if the applicatiOn qualifies for vesting to a previous ordinance. Notwithstanding any assertion made, 1vestin9 is limi!OO to that which ls provided in Chapter 245 of the Texas LOC?I Government Code or other applicable law. ! 1 11s this applica~oo a continuation of a project lhai has received prior City pla!!ing approval(s} and you are requesbng the applicatio11 be reviewed under previous ordinance as applicable? Ir Yes I No tf yes, provide information regarding the first approved application and ariy related subsequent applications (provide fadditional sheets if neces~ary): I Project Name: City Project Number (if known): -----···········----····· Date t Tfmetrame when submitted: RelilSll<i4!14 A statement addressing any differences between the Final Plat and Preliminary Plan (if applicable): ~~~~~~~~~~~~ Requested waiver to subdivision re ulations and reason for same if applicable : Regarding the waiver request, explain how: 1. There are special circumstances or conditions affecting the land involved such that strict application of the subdivision regulations will deprive the applicant of the reasonable use of his land ~~~~~~~~~~~~~ 2. The waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant. 3. The granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering subdivision regulations. 4. The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of the Unified Development Ordinance. Fee in lieu of sidewalk construction is being requested because of the following condition (if applicable): 1. I An alternative pedestrian way or multi-use path has been or will be provided outside the right-of-way; 2. I The presence of unique or unusual topographic, vegetative, or other natural conditions exist so that strict adherence to the sidewalk requirements of the UDO is not physically feasible or is not in keeping with the purposes and goals of the UDO or the City's comprehensive Plan ; 3. I A capital improvement project is imminent that will include construction of the required sidewalk. Imminent shall mean the project is funded or projected to commence within twelve (12) months, 4. I Existing streets constructed to rural section that are not identified on the Thoroughfare Plan with an estate I rural context; 5. I When a sidewalk is required along a street where a multi-use path is shown on the Bicycle, Pedestrian, and Greenways Master Plan; Revised 4/14 Page 3 of 9 6. I The proposed development is within an older residential subdivision meeting the criteria in Platting and Replatting within Older Residential Subdivisions Section of the UDO; or 7. I The proposed development contains frontage on a Freeway I Expressway as designated by Map 6.6, Thoroughfare Plan -Functional Classification, in the City's Comprehensive Plan. Detailed explanation of condition identified above: NOTE: A waiver to the sidewalk requirements and fee in lieu of sidewalk construction shall not be considered at the same time by the Planning & Zoning Commission. Requested Oversize Participation ________________________________ _ Total Linear Footage of Proposed Public: ___ Streets Sidewalks ___ Sanitary Sewer Lines Water Lines Channels Storm Sewers Bike Lanes I Paths Parkland Dedication due prior to filing the Final Plat: ACREAGE: No. of acres to be dedicated + $ development fee ------- ___ No. of acres in floodplain No. of acres in detention --- ---No. of acres in greenways OR FEE IN LIEU OF LAND: __ No. of SF Dwelling Units X $ = $ --------- (date) Approved by Parks & Recreation Advisory Board ----- NOTE: DIGITAL COPY OF PLAT MUST BE SUBMITTED PRIOR TO FILING. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct, and complete. IF THIS APPL/CATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement from the owner. If there is more than one owner, all owners must sign the application or the power of attorney. If the owner is a company, the application must be accompanied by proof of authority for the company's representative to sign the application on its behalf. LIEN HOLDERS identified in the title report are also considered owners and the appropriate signatures must be provided as described above. Date Revised 4/14 Page 4 of 9 6. I The proposed development is within an older residential subdivision meeting the cmeria in Platting and Replalling within Older Residemlai Subdivisions Section of the UDO; or 7. I The proposod development contains frontage on a Freeway I Expressway as designated by Map 6.6, Thoroughfare Pian -Functional Classification, in the City's Comprehensive Plan. Detailed expl3n.:ition of condruon identified above: NOTE; A waiver to the sidewalk requirements and lee in lieu of sidewalk constructjon shall nol be considered at the same time by the Planning & Zoning Commission. Requested Oversize Participation _________ . Total Linear Footage of Proposed Public: ___ Streets Sidewalks Sanitary Sewer Lmes Waterlines Channels Storm Sewers Bike U3nes ,r Pai11s Parkland Dedication due prior to filing the Final Plat ACREAGE: No. of vcres to be dedicated + $ ____ development fee ___ No. of acres in iloodpl<iin No. of ;;cres io detention --·-··· No. of acres in greenways OR FEE IN LIEU OF LAND: ___ No. of SF Dwelling Units X S___ = S ------(date) Approved by Parks & Recreation Adviscry Board _, ~~----------~------------~ NOTE: DIGITAL COPY OF PLAT MUST BE SUBMITTED PRIOR TO FILING. The applicant has prepared !his app/tcetion and certifies that the facts stated herein and exhibits attached hereto ere truo, corroct, <ind complete. IF THIS APPL/CATION JS Fil.ED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application rrnist be accompanied by a power of <Jftomey scatemefll from !ho owner. If them is morEJ than one owner. all owners mus1 sign lhe applic<Jlion or tho power of attorney. If the owner is a company, the application must be accompanied by proof of authority for the company's ropresentfltive to sign the application on its lmhwf. l IF.N HOLDERS identified ill the title report are also considorcd owners and tho appropriate signatures must ba provided as described above. Date I 1 Page 4 ol fl ................. ---··· .. ·------------- FINAL PLAT MINIMUM REQUIREMENTS (ALL CITY ORDINANCES MUST BE MET) INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (Requirements based on field survey and marked by monuments and markers.) Drawn on 24" x 36" sheet to scale of 100' per inch. ~ Vicinity map which includes enough of surrounding area to show general location of subject property in _/elationship to College Station and its City Lim its. No scale required but include north arrow. M Title Block with the following information: ~ame and address of subdivider, recorded owner, planner, engineer and surveyor. ~Proposed name of subdivision. (Subdivision name & street names will be approved through Brazos County 911 .) ~Date of preparation. ~Engineer's scale in feet. ~ Total area intended to be developed. ~ North Arrow. Ef Subdivision boundary indicated by heavy lines. __Q If more than 1 sheet, an index sheet showing larger. entire subdivision at a scale of 500 feet per inch or ~ All applicable certifications based on the type of final plat. W Ownership and Dedication g--Surveyor and/or Engineer ~ City Engineer (and City Planner, if a minor plat) __g Planning and Zoning Commission (delete if minor plat) [!1-" Brazos County Clerk c._..J;j Brazos County Commissioners Court Approval (ET J Plats only) W-lf submitting a replat where there are existing improvements, submit a survey of the subject property showing the improvements to ensure that no encroachments will be created. ~ If using private septic systems, add a general note on the plat that no private sewage facility may be installed on any lot in this subdivision without the issuance of a license by the Brazos County Health Unit under the provisions of the private facility regulations adopted by the Commissioner's Court of Brazos County, pursuant to the provisions of Section 21.084 of the Texas Water Code. Existing CY- CB-"Location of the 100-Year Floodplain and floodway, if applicable, according to the most recent available data. G1--"" Lot corner markers and survey monuments (by symbol) and clearly tied to basic survey data. g-Matches the approved preliminary plan or qualifies as minor amendments (UDO Section 3.3.E.2). ~ The location and description with accurate dimensions, bearings or deflection angles and radii, area, center angle, degree of curvature, tangent distance and length of all curves for all of the following: (Show existing items that are intersecting or contiguous with the boundary of or forming a boundary with the subdivision, as well as , those within the subdivision). Proposed D Streets. Continuous or end in a cul-de-sac, stubbed out streets must end into a temp turn around unless they are shorter than 100 feet. D D Public and private R.O.W. locations and widths. (All existing and proposed R.O.W.'s sufficient to meet Thoroughfare Plan.) Street offsets and/or intersection angles meet ordinance. Revised 4/14 Page 8 of 9 Existing ~ g-- G}- D Proposed D Alleys. D Easements. D A number or letter to identify each lot or site and each block (numbered sequentially). D Parkland dedication/greenbelt area/park linkages. All proposed dedications must be reviewed by the Parks and Recreation Advisory Board and documentation of their recommendation provided prior to being scheduled for P&Z Commission consideration. ---r-Ej--i Construction documents for all public infrastructure drawn on 24" x 36" sheets and properly sealed by a Licensed Texas Professional Engineer that include the following: D Street, alley and sidewalk plans, profiles and sections. One sheet must show the overall street, alley and/or sidewalk layout of the subdivision. (may be combined with other utilities). D Sewer Design Report. D Sanitary sewer plan and profile showing depth and grades. One sheet must show the overall sewer layout of the subdivision. (Utilities of sufficient size/depth to meet the utility master plan and any future growth areas.) D Water Design Report and/or Fire Flow Report. D Water line plan showing fire hydrants, valves , etc. with plan and profile lines showing depth and grades. One sheet must show the overall water layout of the subdivision. (Utilities of sufficient size/depth to meet the utility master plan and any future growth areas.) D Storm drainage system plan with contours, street profile, inlets, storm sewer and drainage channels, with profiles and sections. Drainage and runoff areas, and runoff based on 5, 10, 25, 50 and 100 year rain intensity. Detailed drainage structure design, channel lining design & detention if used. One sheet must show the overall drainage layout of the subdivision. D Detailed cost estimates for all public infrastructure listed above sealed by Texas P.E. D Letter of completion for public infrastructure or guarantee I surety in accordance with UDO Section 8.6. D Drainage Report with a Technical Design Summary. D Erosion Control Plan (must be included in construction plans). --Q All off-site easements necessary for infrastructure construction must be shown on the final plat with a volume and page listed to indicate where the separate instrument easements were filed. Separate instrument easements must be provided in recordable form to the City prior to being scheduled for P&Z Commission consideration. ~Are there impact fees associated with this development? D Yes Impact fees must be paid prior to building permit. ~Will any construction occur in TxDOT rights-of-way? D Yes ~o NOTE: Revised 4/14 If yes, TxDOT permit must be submitted along with the construction documents. 1. We will be requesting the corrected Final Plat to be submitted in digital form if available prior to filing the plat at the Courthouse. 2. If the construction area is greater than 5 acres, EPA Notice of Intent (NOi) must be submitted prior to issuance of a development permit. Print Form . ] Page 9 of 9