HomeMy WebLinkAboutCORRESPONDENCE me-
November 18, 2003
Bridgette George
COCS - Development Services
, P.O. Box 9960
College Station, TX 77840
6
• e rn Re: Parking & Access Easement
c -0 c c Dear Bridgette,
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dS E Attached please find a copy of the parking and access easement between David
t S o, a Scarmardo and Frank Mihalopoulos. Per our last conversation, once these
g g documents were submitted we could send our contractor to sign all approved
c s > permits. Please notify us when all approved plans have been stamped so that we
CA ' v a E may have the appropriate number of copies made & returned to your office.
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If you have any questions please five us a call.
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Sincerely,
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Dusti M. Regini
E a .0 V t Administrative Assistant
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06/23/2004 07:41 FAX 9792603564 MITCHELL and MORGAN a 001/003
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ITCHELL&A ORGAN, LLP
ENGINEERS & CONSTRUCTORS Ok°9-j
511 UNIVERSITY DRIVE E., SUITE 204
COLLEGE STATION, TEXAS 77840 (S)'
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OFFICE (979) 260-6963 )\SLW‘d10
FAX (979) 260-3564
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FAX NUMpER. TOTAL N. OF PAGES INCLUDING COVER:
PHONE NUMBER: SENDER'S REFERENCE NUMBER:
RE YOUR REFERENCE NUMBER:
13 URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE
NOTES/COMMENTS:
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06/23/2004 07:41 FAX 9792603564 MITCHELL and MORGAN 2002/003
Bridgette,
We are working with David Scarmardo and Chuck Ellison's office to clean up
some volume /page work on the Gateway Subdivision Vacating and Final Plat of
Lot 8, Block 1, etc.... We have the following comments from Ellison's office
and we will be making these minor changes to the plat document. We turned
this document in on Friday to meet the next P &Z deadline. Are these notes
enough for you guys to see what changes we will be making or do we need to
bring you a revised copy?
All of the notes below will be just that, notes on the plat. The only thing
that will be a deletion is the parking easement in the corner triangle. It
looks like they will be doing the land swap by metes & bounds and want the
easement wording taken off because it may be confusing later. on. I would
agree with that comment. We will be happy to bring you new copies with
these comments made if that is preferable. Just let me know.
Thanks
V
Original Message----- -
From: Amy Clough [mailto:amy@ellisonlaw.comj
Sent: Friday, June 18, 2004 3:48 PM
To: 'Veronica Morgan'
Cc: 'stewart @klingeng.com'; 'david @scarmardofoods.com'; Chuck Ellison; Sulan
Alexander
Subject: Gateway Subdivision Plat
Veronica:
The following are our comments to the plat. is noticed a couple of other
items other than those I mentioned while preparing this email.
1. The recording information for the Variable Width Access Easement
should be Vol. 5883, Page 204. Please let me know if you need me to fax you
a copy of that instrument.
2. I think that the reference to the parking easement should be removed
from the plat. When the front and back tracts are swapped (which should
occur before the filing of the plat), the parking easement will be
terminated per the terms of Reciprocal Easement Agreement for Parking
Easement and Access Easement, recorded in Vol. 5779, Page 186. Leaving this
reference on the plat may cause confusion in the future.
3. I think the following phrase should be added to Note 9 after the
phrase "shall be dedicated ": ", in a location to be determined by the
Owner(s) of Lot 1R, ".
4. We would like to include the following note to fix the location of
the blanket utility easement created in the instrument described in the note
below.
The twenty foot (20') public utility easement noted as the "Existing 20'
Public Utility Easement on Lot 1R fixes the location of the blanket utility
easement ( "Blanket Easement ") created by instrument recorded in Volume 3360,
Page 196, Official Records of Brazos County, Texas, as amended by instrument
recorded in Volume 5883, Page 204, Official Records of Brazos County, Texas
(the "Amending Instrument'). Pursuant to the terms of the Amending
06/23/2004 07:42 FAX 9792603564 MITCHELL and MORGAN 2003 /003
Instrument, the parties signing this plat intend for this plat to constitute
the instrument fixing the location of the utility easement, which, after
ratification of this portion of the plat by CNL Net Lease Funding 2001, LP
and College Station Wings, Inc, will automatically terminate the Blanket
Easement.
5. The lienholder on the Brazos Gateway Place Development, Ltd. tract
is Planters & Merchants Bank. On the copy I received of the plat I
received, it did not appear that your client's lender appeared as a
lienholder. Also, it is my understanding from working with Mr.
Mihaiopouios' attorney on the documentation for the swap that the owner of
Lot 8, Block 1 is now P.T. Gateway, Ltd. and that entity should also be
listed as an owner.
Please let me know if you have any questions or concerns regarding these
items or if any problems arise in making these changes to the plat.
Thanks for your. assistance.
Amy
Amy L. Clough
Charles A. Ellison, P.C.
P.O. Box 10103
College Station, TX 77842
(979) 696 -9889
(979) 693- 8819(fax)
amy @ellisonlaw.com
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