HomeMy WebLinkAboutMisc. . ..__.4-1Qpri,14 f )
WAD 7 73
te11/ J7j ¼. (. Jroup
Planning Solutions
July 19, 2007
Bill Mather
Grid Project 100, Ltd.
13127 Kimberley Lane
Houston, TX 77079-6128
RE: The Lofts, Wolf Pen Creek development in College Station,Texas
Hey Bill,
I'm representing Asset Plus, who is developing a new multi-family and retail development at the
corner of Dartmouth and Holleman — sound familiar? Anyway, as part of the development, we
need to abandon two sections of undeveloped right-of-way for Richards and Sterling Streets.
We've prepared the necessary paperwork through the City of College Station and worked with
local utility companies to ensure that abandoning the rights-of-way will not impact adjacent
property owners. The rights-of-way are wholly contained within Asset Plus's property. As part
of the abandonment process to release the right-of-way, the City of College Station requests that
we contact abutting property owners to make them aware of our proposal and ask you to sign the
abandonment application. Attached is a copy of an"Abandonment of Easement/Right-of-Way"
application from the City of College Station that we would like for you to sign agreeing to
release the v rights-of_wa
at,a�w µ,.
If you agree, please sign the application and send the original to me at the address on the
letterhead_ You should also receive a notice from the City of College Station soon inviting you
to a public hearing on this issue. Please let me know if you have any questions or need
additional information. Thank you for your help!
2
Sincer-el ,
i
-- .7 --4
Natae Thomas Ruiz, AICP
Principal
Attachments: Abandonment of Easement/ROW Application
511 University Drive East, Suite 211 College Station, TX 77840 979-846-9259 www.IPSGroup.u:
AL
W.4141...
1111 4/.... li la c C
Y`i tJ
PIIP111111mb,„ Planning Solutions
July 19, 2007
Doug Pederson
Fifty-Three Properties, Ltd.
1507 South College Avenue
Bryan, TX 77801-1214
RE: The Lofts, Wolf Pen Creek development in College Station,Texas
Hey Doug,
I'm representing Asset Plus, who is developing a new multi-family and;retail de
corner of Dartmouth and Holleman — sound familiar? Anyway, as part of -�
need to abandon two sections of undeveloped right-of-way for Richards and
: e :
WAIN
IPS Gr( CITY OF rATI
... PT
IPPAi Planning S o l t v-p AC/CART P ?96 Receipt no: 342494
:resczi_pptian tuantity Amount
'l 588184
FL PLACE JAB MIK
1.88 $391.10
August 2, 2007 Ips
GROUP
AC
CR .1394
1 ROW APPLICATION
Bridgette George, Development Coordinatorat PERM.)
City of College Station, Development Services Total tendered 1394 ;S
P. 0. Box 9960 Total payment 5388.99
College Station, TX 77841 Trans date: 8/03/87 Time: 9:45:93
HAIL. Yl.
RE: Submittal of a Right-of-Way Abandonment Applicat.
Temporary Blanket Easement for The Lofts,Wolf Pen Creek.
Dear Bridgette,
We are officially submitting the following information for your review and approval:
• Right-of-Way Abandonment Application — The attached application requests the
abandonment of two unimproved rights-of-way that were originally dedicated for
Richards and Sterling Streets. As part of the Application, we have also submitted the
Easement Dedication Sheet with all required information.
• Temporary Blanket Easement Dedication — The attached application requests the
dedication of a blanket easement for use during construction of the project.
We are working on an off-site right-of-way dedication for Dartmouth and will submit the
necessary paperwork in the near future. Please let me know if you have any questions or need
additional information. Thank you!
Sincerer,
at ie omas Ruiz, P
Principal
Attachments: Abandonment of Right-of-Way Application w/Easement Dedication Sheet
Easement Dedication Sheet for a Temporary Blanket Easement ��
on-r
511 University Drive East, Suite 211 College Station, TX 77840 979-846-9259 www.IPSGroup.us
September 27, 2007
Regular Agenda Item 2
Richards and Sterling Streets - Right of Way Abandonment
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Public Hearing, presentation, possible action, and discussion regarding
two ordinances vacating and abandoning a portion of the right-of-way of Richards Street
and a portion of the right-of-way of Sterling Street, said portions being part of the Richards
Addition, according to the plat recorded in Volume 137, Page 25, of the Deed Records of
Brazos County, Texas.
Recommendation(s): Staff recommends approval of the ordinance.
Summary: The Richards Right of Way proposed to be abandoned is a 3210 square foot
portion of a fifty (50) foot wide Richards Street Right of Way, said portion lying along Lots
27 & 54, Block 1, of the Richards Addition. There is no existing infrastructure in the subject
Right of Way to be abandoned, nor is there a foreseeable public need for the subject Right
of Way.
The Sterling Right of Way proposed to be abandoned is a 1748 square foot portion of a
twenty-five (25) foot wide Sterling Street Right of Way, said portion lying along Lots 60 &
66, Block 1, Richards Addition. There is no existing infrastructure in the subject Right of
Way to be abandoned, nor is there a foreseeable public need for the subject Right of Way.
Budget & Financial Summary: N/A
Attachments:
1. Vicinity Map J iP 4/40 I MA t_ p, - P C121t-'1fl "19W v
2. Richards Abandonment Location —p�� 7
3. Sterling Abandonment Location
4. Richards Ordinance
5. Richards Legal Description _ r-er LAI—
6. Sterling Ordinance
7. Sterling Legal Description (--- PO , 0M,9
8. Application for Abandonment
- s op ixters FF0s
14
_ — - boT O PWV
1 `V'.
V -t-f A'r 1500.7)-1E
ot.).-s✓ ,
___.._� \ ' \)\ ,___ it rtK 6T/PP) P4e PAT
— Fv�/ (g sy of.ST -M ti OP
s icl * s iTE Pc < u6m1 )
__
M�� P - . eit fd 0(Cro)
234 MI j' N Catj ?? 60
III
X Cera vtg„Afgetitti Co,,,..:j ‘
Regular Item #2 _ ; ic N i 4e.4.6%5 b ft
Richards and Sterling St. 41^') &-ki,A4AAAJL -.o tie
Right of Way Abandonment ,lam
Coves,i 66)✓ r-.setaked w_vY
A j Pii"4-3 dr( &J1 A4
IF.4-z -r44.4 5A- ,... S{1, 2,,3 S
// 1,,,.. VVI 0.4... t.:..4. Alice, J
cf 1-kit4,444,„ .04 NA-0144,1111
..9"
T T +.
c°A-E., �oMOMo on 4. o� `�P,� /
'4
S y />/
1
I
\`1 '"am u CH L�
p.
llikth , Kamal �
° AO?sLi fiaitoCe.. _
4111r- S'
,iefre,-4
. ,' ,.. , ..t. .
iiimommommmom, . ..,. ..
,. 3 V
d3tito';;::.
i;wriii: . 0 l
ii
�2,�'n"IN.i.e.j �a��,i+r-f ---,4,.-t-- env,{ - 5 'tom—..{�Fwv ,:- ---4 :,,.-044 .-4 .^-C c
154'1 8-e/( e,v7,1 e I Pave'""..
X •r-- r r : /
,..
.F.sp i' . '4 `'k. f
I me jahhhi.
/ : �-` w�
4LL,
ON/PiOe 0171 (4 ,* $ 6 t' l
j91* i s f 1��f - it/
1.41'(/`141-'-
-Kt qtred- pa,t,t4.1 A.,-03 iv" 441
ion;iii-- c.,,,,i,
, — 5,AA,_erA,„4-A,, +to s 5/4 44-ct a-re-A
lir tiv-As rep„t-k„, 17x 0____Iizs_____
# 0
UJ i'1/I?�i. .,
'-',/ , xi•-•.is ' -' (4\i ,...,.1—4
•
2
1 -
7, ( Y/ri 61 `� r now . 1Y/5u
miiiiimimiwAmmiiii -mipitivk k. rti...e4-414,11.Asett/
121.__ __ im (I',v)
/
0.4 as ,e, G1:U ren.
o, 1* ==:1, lAr14 5 p k .1. 66,411„,„1- (4 Lktrs-
-[� :r• -- : „t- ' face (tom&/tit
1 — 4.1"104 c,s
, —7- '\.___} — A f • (AA ,T. ,.,-, l'4'11N6001.1111* , r it 2—
r
•.e,-;
r /
or
gr
14 elf ifl it 05 WON SiTaiiceA
, 1111111
EFIR:77
s :'''' til ti ve 59 ha.44,res A,►,.
1 ua life ; 1
'° a 1
0 pririek (4,-hid-t7 Co twbo S
°a ff_
il
ON 5f- �1�l a1 es GnR EN,
r---- 5 r g..( t f- renes no n eeo(
44$t Fowl AA 5 s .i-ti
i ,' Ait- en-kt-4-,-----e s 51-4-s-Lk L-
n l �' 1,-,.- 6.7 hG i id-4/e)
i _ _-.-..- "�"
1 — 1A-1111 X, P.174LZA',
-.C"'L ev'
km* Ye cP.vwcik a �Acere y,
iA 44v.01, rAmkn--1,1
1 vv v i Vv o,U �c���- �5* `' `► 3
j he.(e. '1 lot syr tA N•41‘,14%4 *1- o
.061c (�,wr►v4 , r�aio�: IPS, ,'""k a.
7„
�*- � [Y '”'+{
Ty�'� L
,} �v_ k
2IPS Group
111!7:,:;',..„
k,v
,_„ Planning Solutions
July 19,2007
Bill Mather
Grid Project 100, Ltd.
13127 Kimberley Lane
Houston, TX 77079-6128
RE: The Lofts,Wolf Pen Creek development in College Station,Texas
Hey Bill,
I'm representing Asset Plus, who is developing a new multi-family and retail development at the
corner of Dartmouth and Holleman — sound familiar? Anyway, as part of the development, we
need to abandon two sections of undeveloped right-of-way for Richards and Sterling Streets.
We've prepared the necessary paperwork through the City of College Station and worked with
local utility companies to ensure that abandoning the rights-of-way will not impact adjacent
property owners. The rights-of-way are wholly contained within Asset Plus's property. As part
of the abandonment process to release the right-of-way, the City of College Station requests that
we contact abutting property owners to make them aware of our proposal and ask you to sign the
abandonment application. Attached is a copy of an"Abandonment of Easement/Right-of-Way"
application from the City of College Station that we would like for you to sign agreeing to
release the rights-of-way.
If you agree, please sign the application and send the original to me at the address on the
letterhead. You should also receive a notice from the City of College Station soon inviting you
to a public hearing on this issue. Please let me know if you have any questions or need
additional information. Thank you for your help!
Sincerel ,
T ..: 1
/ O &I_
Natakie Thomas Ruiz, AICP
Principal
Attachments: Abandonment of Easement/ROWApplication
511 University Drive East, Suite 211 College Station, TX 77840 979-846-9259 www.IPSGroup.u;
riiimPU
04- -iiii In
LIIIIIIr 1111
Y . ..y ' ' .
Planning Solutions
July 19, 2007
Doug Pederson
Fifty-Three Properties, Ltd.
1507 South College Avenue
Bryan, TX 77801-1214
RE: The Lofts,Wolf Pen Creek development in College Station,Texas
Hey Doug,
I'm representing Asset Plus, who is developing a new multi-family and retail d ; _4_ ___�,z
corner of Dartmouth and Holleman— sound familiar? Anyway, as part of the- ,k „' _.. ....,
need to abandon two sections of undeveloped right-of-way for Richards andter'Kr. A z.,,ui
We've prepared the necessary paperwork trough the City of College Sta
local utility companies to ensure that abandoning the rights-of-way will :-...c: ..d, °
property owners. The rights-of-way are wholly contained within Asset Plans 7 ) w
of the abandonment process to release the right-of-way,the City of College Slat o... _,..F. ,._5
we contact abutting property owners to make them aware of our proposal and asp F .
abandonment application. Attached is a copy of an "Abandonment of Eas _3.e£_z_'. -_..---
application from the City of College Station that we would like for yod ..
release the rights-of-way.
If you agree, please sign the application and send the original to me .
letterhead. You should also receive a notice from the City of Colleget _.
to a public hearing on this issue. Please let me know if you have 4 .w ri:,,-:,..
additional information. Thank you for your help!
Sincerer!,
Jali omas Ruiz, AICD
Principal
Attachments: Abandonment ofEasement/ROW Applic::ion
•
' UNANIMOUS WRITTE ,,ONSENT BY ALL OF THE DIRECT.: . S OF ASSET PLUS
REALTY CORPORATION
The undersigned, being all the directors of Asset Plus Realty Corporation a Texas
corporation (the "Corporation"), by written action effective July 6, 2007, do hereby adopt the
following:
WHEREAS, the Corporation, as purchaser, and Grid Project 105, Ltd., a Texas limited
partnership, as seller, have entered into that certain Contract of Sale of Unimproved Property
dated as of October 18, 2006(as amended, the"Purchase Agreement") covering 8.684 acres of
real property located in Brazos County,Texas(the"Property").
WHEREAS, the undersigned directors of the Corporation wish to authorize the
Corporation to take all actions necessary or appropriate to cause the Corporation to acquire the
Property;
WHEREAS, the undersigned directors of the Corporation wish to ratify the acts of the
Corporation and its officers in connection with the execution and delivery of the Purchase
Agreement by the Corporation.
NOW,THEREFORE,IT IS HEREBY:
RESOLVED,that the Corporation's acquisition of the Property pursuant to the Purchase
Agreement is hereby authorized and approved;
RESOLVED, that the President or any Vice President of the Corporation is hereby
authorized, on behalf of the Corporation and without joinder of any other person or entity, to
execute such instruments and documents (e.g., deed, title company affidavits) and to take such
other actions as the officer so acting deems necessary or desirable and in the best interest of the
Corporation to effectuate the transactions contemplated by these resolutions;and further
RESOLVED,that the signature of the President or any Vice President of the Corporation
constitutes conclusive evidence of the Partnership's approval of the documents signed and of the
binding effect of such documents and instruments on the Corporation;and further
RESOLVED, that any and all actions taken by any of the officers or representatives of
the Corporation, for and on behalf and in the name of the Corporation, in connection with the
transactions contemplated herein prior to the adoption of these resolutions, including, but not
limited to, the negotiation and execution of the Purchase Agreement, are hereby ratified,
confirmed, and approved in all respects for all purposes.
RESOLVED, that this Written Action may be executed in counterparts, all of which,
when taken together,shall constitute one and the same original.
Stephen S.S 0.
1 :{0.. :�' ilitj111
Mi ' , .McGrath
(being all of the directors of Asset Plus Realty Corporation)
Exhibit"A"
TRACT ONE:
All that certain tract or parcel of land lying and being �n tractrns Morgan
convRecto
tor
Pr,
Abstract
No.46.in College Station, Brazos County,Texas,being
the oject 105,
Ltd. by deed recorded in
tractV8930, Page 221 of the Official Public Records of Bruce County,
to the Davie and Thelma MoGiii Family luted Pam by
Texas, cord id also the96.�►e� of the OHfoial Public Records of Bruce County, Texas,
deed recorded in Volume 41 tltf. Page
being bounded by KFO Addition Phase Iii according to plat of record in Volume 481, Page 65 of the
Deed Records of Brazos County,
Texas,Troy Subdivision according to plat of record in Volume 2182,
Page 36 of the Official Records of Brazos County,Texas,Grid Project 105, Ltd.6.203 acre tract
described in Volume 5979, Page 163 of the Official Public Records of erazos County,Texas,and by
Dartmouth Drive end being more particularly described as follows:
Beginning at a W8'Iron rod with a plastic cap stamped"Brad Kerr RPI.S 4502"found in the southwest
tine of Dartmouth Drive at the most easterly corner of the said Grid Project 105,lid.8.283 acre tract?
Thence S 18'27'22'E-381.20 feet along the southwest Ane of Dartmouth Drive to a 34"Iron rod with
an orange plastic cap
°H.P. Mayo RPLS 5046' set at the most northerly corner of the said
Troy Subdivision,from which a lig°iron rod was found N15'E-0.56 feet;
e said
Thence 842° 03' 10"W -227.45 feet along the his between the said Troy Sub5045" setdivision at theMcGill tract to a 18" iron rod with an orange plastic cap stamped
most easterly corner of the said KFO Addition,from which IV' iron rods were found N81°W-0.49 fest
and 913°E-0.61 feet;
Thence N 466 00iW-336.16 feet
northeast line of the said KFO Addftion to a1/2"iron r
Pith an orange plastic cap Mayo RPLS 5045' set In the southeast line of the said Grid
Project 106, .tcfrom�aconcreteiron rod was found S2rE-0.66 feet and a 4'square
monument S3W-29.31 feet at the most southerly corner of the said Grid Project
105, Ltd.6.283 acre tract; ', #1.81,
Thence N 42'38'33" E-403.78 feet acontaining s;southeast2line
res af the said Grid PrOlecll land more or less.
t6•Ltd.6.263
acre tract to the Point of Beginning and
TRACT TWO:
AB that certain tract or parcel of land hying end being situated in the Morgan Rector League, Abstract
No. 48. in College Station, Brazos County, Texas, being the same land called 6.378 acres and
conveyed to Grid Project 105, Ltd. by deed recorded in Volume 5879, Page 163 of the Official Public
Records of Brazos County,Texas,which is.also the tract conveyed to the Davis and Thelma McGill
Family ly Limited Partnership by deed recorded in Volume 2437,Page 33 of the Official Public Records of
Bruce County,Texas,and being more particularly described as follows:
Beginning at a 518°iron rod with a yellow plastic cap stamped"BRAD KERR RPLS 4502"found in the
southwest line of Dartmouth Drive at the common corner of the said WWI tract described in Volume
2487,Page 38 of the Official Public Records of Brazos County,Texas,and the 2.423 acre tract
conveyed to Davis and Thelma McGill Family Limited Partnership by deed recorded M Volume 4198,
Page 239 of the Official Public Records of Brews County,Texas.
Thence S 42'38'SS"W-433.09 feet along the lire between the McGill tracts to a 4' square concrete
monument found at the most southerly comer of the said Moo011 8.378 acre tract at
the most
and
corner of the Vacating and of Lots 58.59,64, Records of Bra,60 83
recorded hi Volume 448, Page 369 68 of the w tit line of the KFO Addition Phase III deaoribed by plat recorded im Volume 481,
Texas.h the northwest a'it"iron rod was found 29.14 feet
Page 85 d the Deed Records of Brame Cairn,Tatms.from which
northeast at the most northerly corner of the said KPO Addition 0.5 feet southeast of the line between
the said McGill tracts;
Thence N 486 15. 19'W -706.36 feet along the southwest line of the said McGill called 6.378 acre
tract,at 113.00 feet pass the southeast line of Sterling Street as dem by
plat of Richards Addition
recorded in Volume 137, Page 26 of the Deed Records of Brans Canty,Texas,
the southeast line of Richards Street as described by piat of Richard Addition,from which a 14iron rod
was found 1.8 feet northeast and another y5'iron rod was found 0.4 feet southeast,at 406.8 feet pass a
14"from rod found 02 feet southwest, at 406.49 feet Pass the
to � rod with a Y� �
406.6 feet pass a 518" iron rod found 0.4 feet soullwreet. " Drive ll describedtiap
stamped "BRAD KERR RPLS 4602' found in the southeast line ' Official of the Recordsasof Brazos
Street and Utility Easement recorded in Volume 828, Page
County,Texas;
Thence along the aro of a clockwise curve in the southeast line of hoNerran Drive(R.965.00', Delta=
10' 53' 12")the chord of which bears N 72' 57' 10" E- 183.08 feet to a 518" iron rod with a yellow
plastic cap stamped'BRAD KERR RPLS 4602"found at the end of said curve;
Thence N 78'23'46" E-614.76 feet continuing along the southeast line of Holleman Drive to a 5/8"
iron rod found at the beginning of a dodcwise curve(RR26.00 feet);
Thence along the arc of said curve through a ceptral angle of 79'69'00"to a 5/8"iron rod found at the
end of said curve;
Thence S 21' 37' 14' E - 229.72 feet along the southwest line of Dartmouth Ddye.as4rramid by
Street and Utility Easement recorded in Volume 826, Page 751"BRAD Official Reepra of Brazos
f.S 45021foundat County,Texas,to clockwise�icurve(Red yellow
84')ic cap stamped
the beginning
Thence along the arc of said curve through a central angle of 3'08'04'to a 34' iron rod found at the
end of said curve;
Thence S 17'60'26'E-24.76 feet continuing along the southwest line of Dartmouth Drive to the Point
of Beginning end containing 6.377 acres of land more or less.
SAVVAND EXE 'L 1Wo:
Richards Street RlahtroWWav
Benning at the intersection of the southwest fine of the called 6.378 acre tract conveyed to Davis and
Thelma McGill Family Limited Partnership by deed recorded in Volume 2437, Pegs 33 of the Official
recordPublic Records in a 37 Page Brazos 26 of the nty, �R of Brazos County,nty,Texas of
Thence N 48'15' W-49.99 feet along the southwest line of the said McGill tract to the northwest
tine of Richards Street from which a 6/8"iron rod was found 0.4 feet southwest;
Thence N 41'30'23' E-63.81 feet along the northwest line of Richards Street to a 318"iron rod found
at the most northerly corner of Richard Street and the most easterly corner of Lot 27 of the said
Richards Addition;
6`iron
Thence 849'32'Sag' E-50.00 feet along the northeast One of the said Richards AdcItion toaof Lot 54
rod found(bent)at the most easterly corner of.Rictards Street and the most northerly �
of the said Richard Addition;
Thence 8 41. 30' 23' W • 64.74 feet feet southeast line of Richards Street to the Point of
Beginning and containing 8,208 square imore or less.
Sterling Street Rlahtcf PKWY
Beginning at the ireerseodon of the southwest line of the called 6.378 acre tract conveyed to Davis end
Thelma McGill Faint y United Partnership by deed recorded in Volume 2437, Page 33 of the Official
Public Records of Brazos County,Texas,and the southeast line of Sterling Street according to plat of
record in Volume 197,Page 25 of the Deed Records of Brazos County.Texas.
Thence N 48' 15'19°W-24.99 feet along the southwest Ins of the said McGill tract to the northwest
line of Sterling Street
Thence N 41.37'07'E-69.67 feet along the r)ordwrest Ins of Starling Street to a M°iron rod found
at the most northerly corner of Sterling Street which is also the moat easterly corner of Lot 60 of the
said Richards Addition; ' :• '
Thence S 49'32'59'E-25.00 feet along the northeast line of the said Richards Addition
Lot iron�
rod found at the most easterly corner of Stetting Street and the most northerly corner of
said Richards Adation;
Thence S 41'37'07•W-70.24 feet along the southeast Nne cf Sterling Street to the Point of Beginning
and containing 1,749 square feet of land more or less.
4 •
The net area less the tights-of-way of Richards and Starling Streets is 6.26 acres of tend more or less.
. -
•
Note:The Company does not
represent that the acreage or
squire footage calculations are
correct.
Thence S 21° 37' 14" E-229.72 feet along the southwest line of Dartmouth Drive as described
by Street and Utility Easement recorded in Volume 826, Page 751 of the Official Records of
Brazos County, Texas,to a 5/8'iron rod with a yellow plastic cap stamped'BRAD KERR RPLS
4502'found at the beginning of a clockwise curve(R=1099.94');
Thence along the arc of said curve through a central angle of 3°08'04"to a 1/2" iron rod found
at the end of said curve;
Thence S 17' 50' 26" E-24.76 feet continuing along the southwest line of Dartmouth Drive to
the Point of Beginning and containing 6.377 acres of land more or less.
SAVE AND EXCEPT
Richards Street Right-of-Way
Beginning at the intersection of the southwest line of the called 6.378 acre tract conveyed to
Davis and Thelma McGill Family Limited Partnership by deed recorded in Volume 2437, Page
33 of the Official Public Records of Brazos County, Texas, and the southeast line of Richards
Street according to plat of record in Volume 137, Page 25 of the Deed Records of Brazos
County,Texas.
Thence N 48° 15' 19' W-49.99 feet along the southwest line of the said McGill tract to the
northwest line of Richards Street from which a 5/8' iron rod was found 0.4 feet southwest;
Thence N 41' 30' 23' E-63.61 feet along the northwest line of Richards Street to a 3/8' iron
rod found at the most northerly corner of Richard Street and the most easterly corner of Lot 27
of the said Richards Addition;
Thence S 49°32'59' E -50.00 feet along the northeast line of the said Richards Addition to a
3/8'iron rod found (bent) at the most easterly corner of Richards Street and the most northerly
corner of Lot 54 of the said Richard Addition;
Thence S 41°30'23'W-64.74 feet along the southeast line of Richards Street to the Point of
Beginning and containing 3,208 square feet of land more or less.
Sterling Street Right-of-Way
Beginning at the intersection of the southwest line of the caped 6.378 acre tract conveyed to
Davis and Thelma McGill Family Limited Partnership by deed recorded in Volume 2437, Page
33 of the Official Public Records of Brazos County, Texas, and the southeast line of Sterling
Street according to plat of record in Volume 137, Page 25 of the Deed Records of Brazos
County,Texas.
Thence N 48° 15' 19' W- 24.99 feet along the southwest line of the said McGill tract to the
northwest line of Sterling Street;
Thence N 41"37'07' E -69.67 feet along the northwest line of Sterling Street to a 3/8" iron rod
found at the most northerly corner of Sterling Street which is also the most easterly corner of Lot
60 of the said Richards Addition;
PAGentry'Mather Holleman-Dartmouth 181901Documents for Closing1Speaal Warranty Deed vi.doc Page 6 of 7
Thence S 49° 32' 59° E—25.00 feet along the northeast line of the said Richards Addition to a
3/8' iron rod found at the most easterly corner of Sterling Street and the most northerly corner of
Lot 66 of the said Richards Addition;
Thence S 41° 37' 07"W—70.24 feet along the southeast line of Sterling Street to the Point of
Beginning and containing 1,749 square feet of land more or less.
The net area less the rights-of-way of Richards and Sterling Streets is 6.26 acres of land more
or less.
•
P:\GentryWather H 18190\Documents for Glosing\Speciai Warranty Deed vi.doc Page 7 of 7
FILED BY
ALANMO TITLE COMPANY
Notice of confidentiality rights:If you are a natural person, you may remove or strike any
or all 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.
SPECIAL WARRANTY DEED
STATE OF TEXAS §
COUNTY OF BRAZOS §
Effective Date: July 9,2007
Grantor. Grid Project 106,Ltd.,a Texas limited partnership
13430 Northwest Freeway,Suite 1075
Harris County
Houston,Texas 77040
•
Grantee: Asset Plus Realty Corporation,a Texas corporation
5151 San Felipe,Suite 2050
Suite 2050
Harris County
Houston.Texas 77056
Consideration:
TEN and No/100 DOLLARS ($10.00)cash in hand and other good and valuable consideration
paid by Grantee,the receipt and legal sufficiency of which are hereby acknowledged.
Tract I
All that certain tract or parcel of land lying and being situated in the Morgan Rector League,
Abstract No.46,in College Station,Brazos County,Texas,being the same tract conveyed to Grid
Project 105, Ltd., by deed recorded in Volume 5930, Page 221 of the Official Public Records of
Brazos County, Texas, which is also the tract conveyed to the Davis and Thelma McGill Family
Limited Partnership by deed recorded in Volume 4196,Page 239 of the Official Public Records of
Brazos County, Texas, being bounded by KFO Addition Phase ill according to plat of record in
Volume 481,Page 65 of the Deed Records of Brazos County, Texas,Troy Subdivision according
to plat of record In Volume 2182,Page 36 of the Official Public Records of Brazos County,Texas,
Grid Project 105, Ud. 6.263 acre tract described in Volume 5879, Page 163 of the Official Pubic
Records of Brazos County,Texas and by Dartmouth Drive and being more particularly described
in Exhibit"A"which is attached hereto and hereby incorporated for all purposes.
Tract ii
M that certain tract or parcel of land lying and being situated in the Morgan Rector League,
Abstract No. 46, In College Station, Brazos County, Texas, being the same land called 6.378
acres and conveyed to Grid Project 105, Ud.by deed recorded in Volume 5879, Page 163 of the
Official Records of Brazos County, Texas, which is also the tract conveyed to the Davis and
Thelma McGill Family Urnited Partnership by deed recorded in Volume 2437, Page 33 of the
Official Public Records of Brazos County Texas,and being more particularly described in Exhibit
"B"which is attached hereto and hereby incorporated for all purposes.
Reservations from Conveyance and Warranty: Return to:
David Pitsc hmann
NOf1e. Alamo Title Company
5599 San Felipe, Suite 140D
Houston, T xas 77 se,
GF# 0 ''
P:tiGentrywiather 181aowocuments for Closing Special Warranty Deed vel... ' r of r
Exceptions to Conveyance and Warranty:
a. Easements as shown on plat recorded in Volume 481, Page 65 of the Deed Records of
Brazos County, Texas and shown on survey dated December 16, 2004, prepared by David
R.Mayo, Registered Professional Land Surveyor,Texas Registration No. 1475(Tract I)
b. Blanket easement from Sam Richardson,et al to City of Bryan dated April 14, 1937 recorded
in Volume 98,Page 214,Deed Records of Brazos County,Texas(Tract II)
c. Public utility easement from Grid Project 105, Ltd., a Texas limited partnership, to City of
College Station dated July 13, 2004 recorded in Volume 6205, Page 226, Official Records,
Brazos County, Texas and shown on survey dated December 16, 2004, prepared by David
R.Mayo, Registered Professional Land Surveyor,Texas Registration No. 1475(Tract II)
d. Easement from Martin Leissner to City of College Station dated June 22, 1973 recorded in
Volume 317, Page 118, Deed Records of Brazos County,Texas and shown on survey dated
December 16, 2004, prepared by David R. Mayo, Registered Professional Land Surveyor,
Texas Registration No. 1475(Tract I)
e. Easement from Martin Leissner to City of College Station dated June 22, 1973 recorded in
Volume 317,Page 119,Deed Records of Brazos County,Texas(Tract I)
L Easement from Leon W. Stasney to Lone Star Gas Company dated December 20, 1951
recorded in Volume 148, Page 415, Deed Records of Brazos County, Texas: as partially
defined in Volume 69,Page 663, Release Records,Brazos County,Texas(Tract I)
g. Easement from Sypcon Construction Company to City of College Station dated September
18, 1985 recorded in Volume 826, Page 751, Official Records, Brazos County,Texas(Tract
II)
h. 20' Sanitary sewer easement from Jay W. Bonds, et al to City of College Station dated
February 26, 1974 recorded in Volume 335, Page 452, Deed Records,Brazos County,Texas
and shown on survey dated December 16, 2004, prepared by David R. Mayo, Registered
Professional Land Surveyor,Texas Registration No. 1475(Tract II)
i. Mineral deed executed by Metro Properties, Inc. to The Seaford Group, Inc.dated December
6, 1990 recorded in Volume 1226, Page 346, Official Records, Brazos County, Texas(Tract
II)
j. Mineral reservation in Deed by Metro Properties, Inc., a Texas Corporation formerly Oakdell
International, Inc., to Sypcon Construction Corp., a Texas corporation dated September 28,
1979 recorded in Volume 435,Page 692, Deed Records,Brazos County,Texas(Tract II)
k. Oil and Gas Lease by Metro Properties, Inc. to William M. Carrot, President to WSW
Minerals,dated October 8, 1984 recorded in Volume 744, Page 244,Official Records,Brazos
County,Texas(Tract II)
I. Oil and Gas Lease by The Seaford Group, Inc.to Inco Oil Corporation, dated February 18,
1992 recorded M Volume 1506, Page 95,Official Records,Brazos County,Texas(Tract II)
m. The following matters shown on survey dated December 16, 2004, prepared by David R.
Mayo, Registered Professional Land Surveyor,Texas Registration No. 1475(Tract I)
i. Aerial CATV & powertine along that portion of the Southeast property line of
Tract I;and
ii. 15'V.C.T.sanitary sewer-recently taken out of service across both tracts
P:\GantryWather HoNeman-Dartmouth 181901Doa.enents for Closing1Spec iai Warranty Deed vi.doc Page 2 of 7
Grantor, for the consideration and subject to the Reservations and Exceptions to Conveyance
and Warranty, does hereby GRANT, SELL and CONVEY to Grantee the Property, together with, all and
singular, the rights and appurtenances thereto in any wise belonging, to have and hold to Grantee,
Grantee's successors or assigns forever. Grantor hereby binds Grantor and Grantor's successors and
assigns to WARRANT and FOREVER DEFEND,ail and singular,the Property to Grantee and Grantee's
successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any
part thereof when the claim Is by, through or under Grantor, but not otherwise, subject, however, to the
Reservations and Exceptions to Conveyance and Warranty.
As a material part of the Consideration for this deed, Grantor and Grantee agree that Grantee is
taking the Property'AS IS` with any and all latent and patent defects and that there is no warranty by
Grantor that the Property has a particular financial value or is ft for a particular purpose. Grantee
acknowledges and stipulates that Grantee is not relying on any representation, statement, or other
assertion with respect to the Property condition except as expressly set forth in the Contract of Sale of
Unimproved Property dated October 18, 2006 pursuant to which this deed is being delivered (the
' "),•but is relying on Grantee's examination of the Property. Grantee takes the Property with the
express understanding and stipulation that there are no express or implied warranties except for limited
warranties of title set forth in this deed and the warranties set forth in the Contract.
Standby fees,taxes and assessments by any taxing authority for the year 2007 for the Property,
which Grantee assumes and agrees to pay,shall be prorated as of the Closing Date.
When the context requires,singular nouns and pronouns Include the plural.
Executed on the date set forth In the acknowledgment line below, to be effective for all purposes
as of the Effective Date.
EXECUTED to be effective for all purposes as of the day of ✓ / ,2007.
GRANTOR:
Grid Project 105, Ltd., a Texas limited
partnership, by Corps Ventures, LLC, a
Texas limited liability Company, Its Sole
General Partner
By. , //117.�
Name' , w" s �/
Tree: ' _ _ _ s/LL e,
goir
STATE OF TEXAS
COUNTY OF 101 0,J1,4 0
. This instrument was acknowledged before me on this day of Tul'4 ,2007,by—
Mdiri1tr ,of Corps Ventures,LLC,a Texas limited liability
company,the sole general partner of Grid • oject 105, td.,a Texas limited partnership.
; .1,.-; PAMELLA ANN CHAVEZ ■/ ,
Alf �, iy pat,ho dins
• =ry Public, r: pp
w•n• pn ticker 3-014011
PAGentryiMather Holme 18190 Documents for CbtinglSpeciai Warranty Deed vt.doc Page 3 of 7
EXHIBIT"A"
Tract One:
All that certain tract or parcel of land lying and being situated In the Morgan Rector League,
Abstract No. 46, in College Station, Brazos County, Texas, being the same tract conveyed to
Grid Project 105, Ltd. by deed recorded in Volume 5930, Page 221 of the Official Public
Records of Brazos County, Texas, which is also the tract conveyed to the Davis and Thelma
McGill Family Limited Partnership by deed recorded in Volume 4196, Page 239 of the Official
Public Records of Brazos County, Texas, being bounded by KFO Addition Phase III according
to plat of record in Volume 481,Page 65 of the Deed Records of Brazos County, Texas, Troy
Subdivision according to plat of record in Volume 2182, Page 36 of the Official Public Records
of Brazos County, Texas, Grid Project 105, Ltd. 6.263 acre tract described in Volume 5879,
Page 163 of the Official Public Records of Brazos County, Texas, and by Dartmouth Drive and
being more particularly described as follows:
Beginning at a'5/8" iron rod with a plastic cap stamped 'Brad Kerr RPLS 4502" found in the
southwest line of Dartmouth Drive at the most easterly corner of the said Grid Project 105, Ltd.
6.263 acre tract.
Thence S 18° 27'23' E—381.20 feet along the southwest line of Dartmouth Drive to a 1/2"iron
rod with an orange plastic cap stamped'H.P. Mayo RPLS 5045'set at the most northerly corner
of the said Troy Subdivision,from which a 1/2'iron rod was found N 15° E—0.56 feet;
Thence S 42° 03' 10'W—227.45 feet along the line between the said Troy Subdivision and the
said McGill tract to a 12" iron rod with an orange plastic cap stamped °H.P. Mayo RPLS 5045"
set at the most easterly corner of the said KFO Addition, from which 1/2".iron rods were found N
81°W-0.49 feet and S 13° E-0.51 feet;
Thence N 46'00'42"W—336.16 feet along the northeast line of the said KFO Addition to a 12"
iron rod with an orange plastic cap stamped'H.P.Mayo RPLS 5045"set in the southeast line of
the said Grid Project 105, Ltd. tract, from which a 1/2" iron rod was found S 29° E—0.56 feet
and a 4" square concrete monument was found S 42° 38' 33' W — 29.31 feet at the most
southerty corner of the said Grid Project 105, Ltd.6.263 acre tract;
Thence N 420 38' 33" E—403.78 feet along the southeast line of the said Grid Project 105, Ltd.
6.263 acre tract to the Point of Beginning and containing 2.424 acres of land more or less.
P:1Gerriryg ather Holleman-Dartmouth 181901Doarments for Closing\Spedal Warranty Deed vl.doc Page 4 of 7
EXHIBIT"B"
Tract Two:
M that certain tract or parcel of land lying and being situated in the Morgan Rector League,
Abstract No. 46, in College Station, Brazos County, Texas, being the same land called 6.378
acres and conveyed to Grid Project 105, Ltd. by deed recorded in Volume 5879, Page 163 of
the Official Public Records of Brazos County, Texas, which is also the tract conveyed to the
Davis and Thelma McGill Family Limited Partnership by deed recorded in Volume 2437, Page
33 of the Official Public Records of Brazos County, Texas, and being more particularly
described as follows:
Beginning at a 5/8'iron rod with a yellow plastic cap stamped"BRAD KERR RPLS 4502"found
in the southwest line of Dartmouth Drive at the common corner of the said McGill tract described
in Volume 2437,Page 33 of the Official Public Records of Brazos County,Texas, and the 2.423
acre tract conveyed to Davis and Thelma McGill Family Limited Partnership by deed recorded in
Volume 4196,Page 239 of the Official Public Records of Brazos County,Texas.
Thence S 42° 38'33'W—433.09 feet along the Une between the McGill tracts to a 4' square
concrete monument found at the most southerly corner of the said McGill 6.378 acre tract at the
most easterly corner of the Vacating and Resubdivision of Lots 53, 59, 64, 65 and Portions of
Lots 54, 58, 60, 63 and 66 of the Richards Addition recorded in Volume 448, Page 363 of the
Deed Records of Brazos County, Texas, in the northwest line of the KFO Addition Phase III
described by plat recorded in Volume 481, Page 65 of the Deed Records of Brazos County,
Texas,from which a 1/2'iron rod was found 29.14 feet northeast at the most northerly corner of
the said KFO Addition 0.5 feet southeast of the fine between the said McGill tracts;
Thence N 48° 15' 19'W—706.35 feet along the southwest line of the said McGill called 6.378
acre tract, at 113.09 feet pass the southeast line of Sterling Street as described by plat of
Richards Addition recorded in Volume 137, Page 25 of the Deed Records of Brazos County,
Texas, at 356.50 feet pass the southeast line of Richards Street as described by plat of Richard
Addition,from which a 1/2"iron rod was found 1.8 feet northeast and another 1/2' iron rod was
found 0.4 feet southeast, at 405.8 feet pass a 112' iron rod found 0.2 feet southwest, at 406.49
feet pass the northwest line of Richards Street and at 406.6 feet pass a 5/8' iron rod found 0.4
feet southwest, to a 5/8' iron rod with a yellow plastic cap stamped 'BRAD KERR RPLS 4502"
found in the southeast line of Holleman Drive as described by Street and Utility Easement
recorded in Volume 826, Page 751 of the Official Records of Brazos County,Texas.
Thence along the arc of a clockwise curve in the southeast line of Holleman Drive (R--965.00',
Delta=10°53' 12')the chord of which bears N 72°57' 10° E—183.08 feet to a 5/8'iron rod with
a yellow plastic cap stamped'BRAD KERR RPLS 4502'found at the end of said curve;
Thence N 78'23'46'E—514.76 feet continuing along the southeast line of Holleman Drive to a
5/8'iron rod found at the beginning of a clockwise curve(R=25.00 feet);
Thence along the arc of said curve through a central angle of 79°59'00"to a 5/8"iron rod found
at the end of said curve;
P:\\GentryWather Holman-Dartmouth 181901Doaxnents for Closing1Spedal Warranty Deed vl.doc Page 5 of 7
wi of.-t4 .
i
twi i 1 P ,
re.u 10
.40„, Planning Solutions
July 19,2007
Bill Mather
Grid Project 100, Ltd.
13127 Kimberley Lane
Houston, TX 77079-6128
RE: The Lofts,Wolf Pen Creek development in College Station,Texas
Hey Bill,
I'm representing Asset Plus, who is developing a new multi-family and retail development at the
corner of Dartmouth and Holleman — sound familiar? Anyway, as part of the development, we
need to abandon two sections of undeveloped right-of-way for Richards and Sterling Streets.
We've prepared the necessary paperwork through the City of College Station and worked with
local utility companies to ensure that abandoning the rights-of-way will not impact adjacent
property owners. The rights-of-way are wholly contained within Asset Plus's property. As part
of the abandonment process to release the right-of-way, the City of College Station requests that
we contact abutting property owners to make them aware of our proposal and ask you to sign the
abandonment application. Attached is a copy of an"Abandonment of Easement/Right-of-Way"
application from the City of College Station that we would like for you to sign agreeing to
release the rights-of-way.
If you agree, please sign the application and send the original to me at the address on the
letterhead. You should also receive a notice from the City of College Station soon inviting you
to a public hearing on this issue. Please let me know if you have any questions or need
additional information. Thank you for your help!
,
Sincerel ,
e____,
Nata ie Thomas Ruiz,AICP
Principal
Attachments: Abandonment of Easement/ROW Application
511 University Drive East, Suite 211 College Station, TX 77840 979-846-9259 www.IPSGroup.u;
A.
WITIIIF:41
i
..�► IPS Grou
PIP411111bia„,_ Planning Solutions
July 19,2007
Doug Pederson
Fifty-Three Properties, Ltd.
1507 South College Avenue
Bryan, TX 77801-1214
RE: The Lofts, Wolf Pen Creek development in College Station,Texas
Hey Doug,
I'm representing Asset Plus, who is developing a new multi-family and retailer
corner of Dartmouth and Holleman— sound familiar? Anyway, as part of the derelopnem -Joe
need to abandon two sections of undeveloped right-of-way for Richards and Std Stittons-
We've prepared the necessary paperwork through the City of College Static ,
local utility companies to ensure that abandoning the rights-of-way will not:impaa
property owners. The rights-of-way are wholly contained within Asset Plus sy Attloititt
of the abandonment process to release the right-of-way,the City of College rt ct
we contact abuttingproperty pr perry owners to make them aware of our proposal and
abandonment application. Attached is a copy of an "Abandonment of Bir .
application from the City of College Station that we would like for you t ��
release the rights-of-way.
If you agree, please sign the application and send the original to me ati
letterhead. You should also receive a notice from the City of College Station.
to a public hearing on this issue. Please let me know if you have any t
additional information. Thank you for your help!
c. Sincerely,
!r c e
atali: kmas Ruiz, AICP
Principal
Attachments: Abandonment ofEasement/ OW Application do
Aug79-693-1213 p.1
ug 08 07 08:53a
FAIIPS Group (§k�,�
F1 :1Ilt7lJ7� Solutions n�
511 University Drive, Suite 211 /�
College Station, Texas 77845 Lb , 0
979.846.9259 (J
www.ipsgroup.us \iy.)
FACSIMILE
TO: Carol Cotter
OF: City of College Station
FAX# 979-764-3496
FROM: Natalie Ruiz
RE: The Lofts,WPC right-of-way abandonment request
DATE: August 8, 2007
PAGES: 2 including cover sheet
Ifyou do not receive all pages in good condition,please call(979)846-9259.
MESSAGE:
Good morning Carol,
Attached is Bill Mather's approval of our request to abandon Sterling& Richard's
unimproved rights-of-way. I haven't heard back from Doug Pederson;but, I hope to
before the City Council meeting. Have you had a chance to review our application?
We're anxious to get before Council.
Thanks Carol!
Nat