HomeMy WebLinkAboutApplication (08-288) For Office Use
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P&Z Case No. f"
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Date Submitted' V OCC
CITY Ol O1 1.1{GI.STATION 1... •
Pit,)))/IT r Urvrlopm,'If ctrvu rr / 4
ABANDONMENT OF PUBLIC
ROW-OF-WAY/EASEMENT APPLICATION
MINIMUM SUBMITTAL REQUIREMENTS
" w-$300 Abandonment of Public Right-of-Way(ROW)I Easement application fee.
x 1 completed copy of the attached Abandonment of Public ROW/Easement application.
x 1•All exhibits processed (except for Exhibit No. 4, which will be processed by staff).
x 1,a,copy of a recent(within 90 days)deed or title insurance policy showing the names of
the owners, or, an older deed or title with a Nothing Further Certificate.
n/a cr unplatted property, a signed, sealed and dated metes and bounds description and a
diagram of the property showing the location of the abandonment.
x mor platted property, a copy of the plat showing the lot, block, subdivision, and recording
information.
Sorporate or partnership owners must furnish a copy of a corporate resolution or other
proof of authority to sign on behalf of the corporation, partnership, or joint venture.
•
ADDRESS
LEGAL DESCRIPTION Valley Park Center, Lot 3&4
APPLICANT(Primary Contact for the Project):
Name Steve E.Duncan,P.E. E-Mail sduncan@jonescarter.com
Street Address 700 University Dr.E.,Suite 110C
City College Station State Texas Zip Code 77840
Phone Number 9794314000 Fax Number 979-846-2893
PROPERTY OWNER'S INFORMATION(if different from above):
Name Titan Valley Park,Limited Partnership E-Mail BFS@argusdci.com
Street Address 6300 Riverside Plaza Lane
City Albuquerque State New Mexico Zip Code 87120
Phone Number 505489-3061 Fax Number 711'3554275
The applicant has prepared this application and certifies that the facts stated herein and exhibits
attached hereto are true and correct.
Signature of Owner Date
23-Aug-07 Page 1 of 8
APPLICATION FOR
THE ABANDONMENT OF A
PUBLIC RIGHT-OF-WAY/EASEMENT
September 29,2008
Date:
Location of Right-of-Way/Easement to be Abandoned: 20' PUE, paralleling property line
between Lot 3 &4(10'wide on each lot)of the Valley Park Center.
Property Owner's Name & Address: Titan Valley Park, Limited Partnership
6300 Riverside Plaza Lane,Albuquerque, NM 87120
Property Owner's Phone Number: 505-889-3061
TO THE MAYOR AND CITY COUNCIL OF THE CITY OF COLLEGE STATION:
The undersigned hereby makes application for the abandonment of that portion of the
above right-of-way particularly described in Exhibit No. 1, attached. In support of this
application, the undersigned represents and warrants the following:
1. The undersigned will hold the City of College Station harmless, and indemnify it
against all suits, costs, expenses, and damages that may arise or grow out of
such abandonment.
2. Attached, marked Exhibit No. 1, are two sealed metes and bounds descriptions
(dividing the area in half) of the area sought to be abandoned, prepared by a
Registered Public Surveyor.
3. Attached, marked Exhibit No. 2, are two copies of a plat or detailed sketch of that
portion of the public right-of-way/easement sought to be abandoned and the
surrounding area to the nearest streets in all directions, showing the abutting lots
and block, and the subdivision in which the above described right-of-
way/easement is situated, together with the record owners of such lots.
4. Attached, marked Exhibit No. 3, is the consent of all public utilities to the aban-
donment.
5. Attached, marked Exhibit No. 4, is the consent of the City of College Station staff
to the abandonment.
6. Attached, marked Exhibit No. 5, is the consent of all the abutting property
owners, except the following: (if none, so state)
None.
23-Aug-07 Page 2 of 8
7. Such public right-of-way/easement should be abandoned because:
A building is proposed to be built over the easement.
8. Such public right-of-way/easement has been and is being used as follows:
An 8"sanitary sewer and underground electrical line are in the easement,
but will be relocated.
I swear that all of the information contained in this application is true and correct to the
best of my knowledge and belief.
Owner's Signature: i -
Owner's Name: Titan Valley Park, Limited Partnership
Owner's Address: 6300 Riverside Plaza Lane
Albuquerque, New Mexico, 87120
Owner's Phone Number: 505-$$9-3061
) ; 'mew
STATE OF TEXAS )
ACKNOWLEDGMENT
COUNTY,OFBRAZOS )
Subscribed and sworn to before me, a Notary Public, this day of
, 200s° , by ". n r
OFFICIAL SEAL
irv,-)1 Jacqueline L. Myers ( 'tary ubliab
c in and for G
NOTARY PUBLIC the State of Texas j? Y-Y'2)1;e*
o. al' STATE OF NEW MEXICO
My Commission Expires: / /ZD/o
23-Aug-07 Page 3 of 8
Application for Abandonment of
a Public Right-of-Way/Easement
Located: Along property line between Lot 3 &4 of Valley Park Center.
EXHIBIT NO. 1
Attached are two sealed copies of the metes and bounds description (dividing the area
in half) of the public right-of-way/easement situated in Valley Park Center
Addition/Subdivision to the City of College Station, Brazos County, Texas, sought to be
abandoned.
23-Aug-07 Page 4 of 8
JONES & C A R T E R, I N C. 700 University Dr.East,Suite 110C TEL 979 731 8000
ENGINEERS• PLANNERS SURVEYORS College Station,Texas 77840-1848 FAX 979 846 2893
AUSTIN DALLAS
HOUSTON BRENHAM
SAN ANTONIO ROSENBERG
COLLEGE STATION THE WOODLANDS
Valley Park Joseph Scott League
P.U.E. Abandonment Abstract No. 50
0.1301 Acre September 24, 2008
Rev May 14, 2009
STATE OF TEXAS §
COUNTY OF BRAZOS §
A METES AND BOUNDS description of a 0.1301 acre tract of land, being a portion of an
existing 20-foot wide Public Utility Easement to be abandoned, being out of Lot 3 and Lot
4 of "Valley Park Center", a plat of said subdivision being recorded in Volume 7675,
Page 282, of the Official Public Records of Brazos County (O.P.R.B.C.), in the Joseph
Scott League, Abstract 50, College Station, Brazos County, Texas said 0.1301-acre
being more particularly described as follows (all bearings being based on the plat of said
"Valley Park Center"):
COMMENCING a 5/8-inch iron rod with "Jones & Carter, Inc." cap found in the
southwesterly right-of-way line of F.M. Highway 2818 at the most southerly corner of Lot
4 of said "Valley Park Center", said corner also being a northeasterly corner of a called
18.481-acre tract described in a deed to the City of College Station, Texas, recorded in
Volume 7488, Page 273, of the O.P.R.B.C.;
THENCE, North 10°44'12"W, 255.39 feet, along the southwesterly right-of-way line of F.M.
Highway 2818 and the northeasterly line of Lot 3, to a 5/8-inch iron rod with "Jones &
Carter, Inc." cap found next to a concrete monument for an angle point in said right-of-way;
THENCE, North 28°21'37" W, 423.55 feet, continuing along the southwesterly right-of-way
line of said F.M. Highway 2818 and the northeasterly line of Lot 3, to the common north
corner of said Lot 3 and Lot 4
THENCE, South 79°10'58"W, 20.98 feet, leaving the southwesterly right-of-way line of F.M.
Highway 2818, along the common lot line between Lot 3 and Lot 4, to the POINT OF
BEGINNING of the herein described tract in the northeasterly line of a 20-foot wide
public utility easement (P.U.E.) dedicated by the plat said "Valley Park Center", said
P.U.E being parallel to and 20 feet southwesterly of the southwesterly right-of-way line
of said F.M. Highway 2818;
THENCE, South 28°21'37" East, 10.49 feet, along said 20-foot P.U.E. to a point for corner, said
point also being in the southeasterly line of a 20-foot wide P.U.E. also dedicated by the plat of
"Valley Park Center", said P.U.E. being centered and 10 feet on either side of the
common lot line between said Lot 3 and Lot 4;
THENCE, South 79°10'58" West, 279.55 feet, along the southeasterly line of said P.U.E.
centered on the lot line between Lot 3 and Lot 4, to a point for corner in the northeasterly line of
another 20-foot wide P.U.E. dedicated by the plat of said "Valley Park Center", said P.U.E.
S:\O-JOB\C0009 Southcorp Realty\C0009-011 CS Valley Park Phase 2\Survey\Docs\M&B PUE Abandonment.doc Page 1 of 2
Smart Engineering.Smart Solutions."" www.jonescarter.com
r J O N E S & C A R T ER,INC.
. ENGINEERS•PLANNERS•SURVEYORS
lying 20 feet northeasterly of and parallel to the southwesterly line of said "Valley Park Center"
common with the southwesterly lines of Lot 3 and Lot 4;
THENCE, North 45°29'00"West, along the northeasterly line of said P.U.E., at 12.16 feet, pass
the lot line common to said Lot 3 and Lot 4, and continue in all 24.32 feet, to a point for corner in
the northwesterly line of said 20-foot P.U.E. centered on the common lot line between Lot 3 and
Lot 4;
THENCE, North 79°10'58" East, 287.06 feet, along the northwesterly line of said P.U.E. to a
point for corner in the southwesterly line of the aforementioned 20-foot PU.E. that is parallel to
the southwesterly right-of-way line of said F.M. Highway 2818;
THENCE, South 28°21'37" East, 10.49 feet, along the southwesterly line of said 20-foot P.U.E.,
to the POINT OF BEGINNING, containing 0.1301 acre (5,666 square feet) of land in
College Station, Brazos County, Texas.
OF
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«°QG 90.7(P
'4 LARRY P.DELANGE
°;04578, 4-q"
\ tOSURv i
Larry P. DeLange, R' °Th0
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Texas Registered Professional
Land Surveyor No. 4578
S:10-JOB\C0009 Southcorp Realty\C0009-011 CS Valley Park Phase 2\Survey\Docs\M&B PUE Abandonment.doc Page 2 of 2
Application for Abandonment of
a Public Right-of-Way/Easement
Located: Along property line between Lot 3 &4 of Valley Park Center.
EXHIBIT NO. 2
Attached are two copies of a plat or detailed sketch of the public right-of-way/easement
sought to be abandoned in the above-mentioned application, showing the surrounding
area to the nearest streets in all directions, abutting lots, the block or blocks in which the
portion of the public right-of-way/easement sought to be vacated is situated, and the
addition or subdivision in which the portion of the public right-of-way/easement sought
to be abandoned is situated. Also, the names of record owners of the abutting lots are
shown.
23-Aug-07 Page 5 of 8
OCT. 2. 230E „ 35AY A'VOS
Application for Abandonment of
a Public Right-of-Way/Easement
Located:
Along property line between Lot 3&4 of Valley Park Center.
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and
provisions of our respective franchises with the City of College Station, that portion of
the public right-of-way/utility easement sought to be abandoned in the Application for
Abandonment above referred to, do hereby consent to the abandonment of the
described portion thereof.
ATMOS ENERGY
•
BO.(} . oc
Title tk -, Q
VERIZON TELEPHONE COMPANY
BY:
Title
SUDDENLINK COMMUNICATIONS
BY:
Title
BRYAN TEXAS UTILITIES
BY:
Title
23-Aug-07 Page 6 of 8
Application for Abandonment of
a Public Right-of-Way/Easement
Located:Along property line between Lot 3&4 of Valley Park Center.
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and
provisions of our respective franchises with the City of College Station, that portion of
the public right-of-way/utility easement sought to be abandoned in the Application for
Abandonment above referred to, do hereby consent to the abandonment of the
described portion thereof.
ATMOS ENERGY
BY:
Title
VERIZON TELEPHONE COMPANY
BY: !41111 'Ii01 • ciydaL
Title _ _ON4
r
/ !r
SUDDENLINK COMMUNICATIONS
BY:
Title
BRYAN TEXAS UTILITIES
BY:
Title
23-Aug-07 Page 6 of 8
OCT-14-08 10:08 AM CoxlCommunicat ions 19792680139 P.01
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Application for Abandonment of
a Public Right-of-Way/Easement
Located:Along property line between Lot 31 4 of Valley Park Center.
EXHIBIT NO.3
The undersigned public utility companies, using or entitled to use, under the terms and
provisions of our respective franchises with the City of College Station, that portion of
the public right-of-way/utility easement sought to be abandoned In the Application for
Abandonment above referred to, do hereby consent to the abandonment of the
described portion thereof.
ATMOS ENERGY
BY:
Title
VERIZON TELEPHONE COMPANY
BY:
Title
SUDDENLINK COMMUNICATIONS
BY: /D-7'y4e>
Title P/a.,t MA.t,er
BRYAN TEXAS UTILITIES
BY: •
Title
23-Au9-07 91966&8
Oct 02 2008 8: 45AM BTU 9798215931 p. 1
Application for Abandonment of
a Public Right-of-Way/Easement
Located:Gong property line between Lot 3 8 4 of Valley Parte Center.
EXHIBIT NO.
The undersigned public utility companies, using or entitled to use, under the terms and
provisions of our respective franchises with the City of College Station, that portion of
the public right-of-way/utility easement sought to be abandoned In the Application for
Abandonment above referred to, do hereby consent to the abandonment of the
described portion thereof.
ATMOS ENERGY
BY:
Title
VERIZON TELEPHONE COMPANY
BY:
Title
SUDDENLINK COMMUNICATIONS
BY:
Title
BRYA EXAS Tl#
BY: � JINIF
Title WNW AA. ,L - -...t-N4 PANNE"1(t
23.Aug-07 Page 6 of 9
Application for Abandonment of
a Public Right-of-Way/Easement
Located: Along property line between Lot 3 &4 of Valley Park Center.
EXHIBIT NO. 4
The undersigned, City staff of the City of College Station, certify that they have carefully
considered the Application for Abandonment of the public right-of-way/easement
referred to above from the standpoint of City of College Station ordinances and with
respect to present and future needs of the City of College Station and see no objection
to the requested abandonment from the City's standpoint.
C A q.
ty Engin rBuilding Official
ity of Col ege Station City of College Station
A r
oning •fficial Fire Marshal
City of College Station City of College Station
Electric Department Water Services Department
City of College Station City of College Station
23-Aug-07 Page 7 of 8
08/19/2010 14:33 FAX 9797643403 COLLEGE-STATION-FD 0 001/001
A:►plication for Abandonment of
a Public Right-of-Way/Easement
�.�:rated:Along property line between Lot 3&4 of Valley Perk Center.
EXHIBIT NO.4
11 le undersigned, City staff of the City of College Station, certify that they have carefully
c 'nsidered the Application for Abandonment of the public right-of-way/easement
reerred to above from the standpoint of City of College Station ordinances and with
re; to present and future needs of the City of College Station and see no objection
to the requested abandonment from the City's standpoint
tyngin r building ' I
ty of Col Station City of College Station
/
".'34112&—
nim r" sal me
C ty of Station City of College Station
l plc Department Water Services Department
C ty of College Station City of College Station
23 Aug-07 Page 7 of
08.20/2010 09:27 FAX 979 764 3452 COLLEGE STATION PUB.UTL. al 001
Application for Abandonment of
a Public Right-of-Way/Easement
Located:
Along property line between Lot 3&4 of Palley Park Center.
EXHIBIT NO. 4
The undersigned, City staff of the City of College Station, certify that they have carefully
considered the Application for Abandonment of the public right-of-way/easement
referred to above from the standpoint of City of College Station ordinances and with
respect to present and future needs of the City of College Station and see no objection
to the requested abandonment from the City's standpoint.
CW4.
ty Engin r Building official
ity of Col ege Station City of College Station
oning • cial Fire Marshal
City of College Station City of College Station
yi/A jtat.94,,
Electric artment
Water Services Department
City of College Station City of College Station
Postai?Fax Note 7671 �a1e S.i10.-1#,pa s
!
To 'ill l0`, From To"
vi
co./Dept Co.
Flume* Pnone#
Fax ii Fax
23-Aug-07 Page 7 of 8
09/09/2010 05:58 FAX 979 764 3452 COLLEGE STATION PUB.UTL. a 001
Application for Abandonment of
a Public Right-of-Way/Easement
Location: V la la4_ ,4 (04 5 34-41
—
EXHIBIT NO.4
The undersigned, City staff of the City of College Station,certify that they have carefully considered the Application for
Abandonment of the public right-of-way/easement referred to above from the standpoint of City of College Station
ordinances and with respect to present and future needs of the City of College Station and see no objection to the
requested abandonment from the City's standpoint
City Engineer Buiding Official
City of College Station City of College Station
Zoning Official rre Marshal 1 --
City of College Station City of C'oBegel Station
i�ecttic Department ter Services Department Q 0
City of College Station City of College Station
101D9 Page 7 of 8
Application for Abandonment of
a Public Right-of-Way/Easement
Located; Along property line between Lot 3&4 of Valley Park Center.
EXHIBIT NO. 5
The undersigned, owners of property abutting upon that portion of the public right-of-
way/easement named and described in the Application for Abandonment of a Public
Right-of-Way/Easement referred to above, do hereby consent to such abandonment.
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
23-Aug-07 Page 8 of 8
GF No. 147433
CERTIFICATE
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
BRAZOS COUNTY ABSTRACT COMPANY does hereby certify that we have examined the
records in the office of the Clerk of the County Court of Brazos County, Texas, affecting the title to
the said property described below from September 21, 2005;
Being all those certain lots, tracts or parcels of land lying and being situated in
Brazos County,Texas and being Lots Two(2),Three(3)and Four(4),VALLEY PARK
CENTER,an addition to the City of College Station,Texas,according to plat recorded
in Volume 7675, page 282, Official Records of Brazos County, Texas.
We find the following actions or conveyances affecting the title to said land (specifically
excluding any conveyances respecting mineral estate)through September25,2008 @ 8:00 A.M.:
Special Warranty Deed with Vendor's Lien from Por Nada Joint Venture to Titan
Valley Park,Limited Partnership,dated September 21,2005,recorded in Volume 6976,
page 226, Official Records of Brazos County, Texas.
First Amendment to Declaration of Covenants and Restrictions executed by Titan
Valley Park, Limited Partnership, dated March 29, 2006, recorded in Volume 7230,
page 120, Official Records of Brazos County, Texas and corrected in Volume 7253,
page 161, Official Records of Brazos County, Texas.
Construction Closing Certificate and New Construction Affidavit executed by Titan
Valley Park, Limited Partnership,dated May 19,2006,recorded in Volume 7397,page
167, Official Records of Brazos County, Texas.
Deed of Trust, Security Agreement and Financing Statement dated May 19, 2006,
executed by Titan Valley Park, Limited Partnership to Robert J. Hymel, Jr., Trustee,
securing one note of even date payable to Inter National Bank, in the principal
amount of $1,952,281.60, recorded in Volume 7397, page 171, Official Records of
Brazos County,Texas and as extended by instrument recorded in Volume 8714,page
275, Official Records of Brazos County, Texas.
Plat of Valley Park Center, filed November 6, 2006, recorded in Volume 7675, page
282, Official Records of Brazos County, Texas.
Easement and Covenant Agreement by and between Titan Valley Park, Limited and
Titan Mac Valley Park 1, L.P.,dated July 13,2007, recorded in Volume 8104,page 123,
Official Records of Brazos County, Texas.
We do not certify as to property taxes.
09/30/2008 00:41 FAX 9797318352 BCAC-ABSTRACT DEPT. 10003
This certificate is for Informational purposes only and the Information contained
herein shall not be relied on in the issuance of any title insurance policy. The liability of
Brazos County Abstract Company in this connection is limited to$150.00, being the charge
made for this certificate.
WITNESS OUR HAND at Bryan,Texas, September 30,2008
BRAZOS COUNTY ABSTRACT COMPANY
B .
E VAN ETTEN
I
2
GF No. 142953
CERTIFICATE
THE STATE OF TEXAS §
§
COUNTY OF BRAZOS §
BRAZOS COUNTY ABSTRACT COMPANY does hereby certify that we have examined
the records in the office of the Clerk of the County Court of Brazos County, Texas, affecting
the title to the said property described below from October 13, 2005:
All that certain tract or parcel of land lying and being situated in the J. E. SCOTT
LEAGUE, A-S0, College Station, Brazos County, Texas and being all of the 2.00 acre
tract conveyed from Por Nada Joint Venture to Southcorp Holdings I, L.P., as recorded
in Volume 4818, page 215 of the Official Records of Brazos County, Texas (O.R.B.C.)
and all of the remainder of the 11.635 acre tract conveyed from Interstate Promotional
Printing Company to Por Nada Joint Venture as recorded in Volume 474, page 811 of the
O.R.B.C. and being more particularly described as follows:
BEGINNING at a 518" iron rod set for the most westerly corner of this tract, also being
the west corner of the said Southcorp tract, also being the west corner of the said Por
Nada tract, also being the north corner of the Texas A&M University System 6.89 acre
tract as recorded in Volume 1066, page 602 of the O.R.B.C., also lying in the southeast
line of the Twyla T. Benson 10.15 acre tract as recorded in Volume 4136, pages 217,221,
225,229, 233, 237,241 and 245, of the O.R.B.C.,a 4"x4"concrete monument bears N 62°
26' 06" E - 0.45 feet;
THENCE following a fence along the northwest line of this tract N 44° 49' 58" E 425.44
feet to a 5/8" iron rod set at a fence corner for the most northerly corner of this tract,
also being the north corner of the said Southcorp tract, also being the north corner of
the said Por Nada tract, also being the east corner of the said Benson tract,also lying in
the southwest line of F.M. 2828;
THENCE following a fence along the northeast line of this tract and the southwest line
of F.M. 2818 the following calls:
S 42° 25' 09" E, 187.17 feet to a TxDOT concrete ROW monument;
S 39° 50' 28" E, pass at 20.72 feet the east corner of the said Southcorp tract, a total
distance of 399.77 feet to a TxDOT concrete ROW monument;
S 35° 43' 32" E 401.44 feet to a TxDOT concrete ROW monument;
S 28° 21' 37" E 552.01 feet to a TxDOT concrete ROW monument;
A 10° 44' 12" E 255.39 feet to a 5/8" iron rod set for the most southerly corner of this
tract, also being the south corner of the said Por Nada tract, also being a northeast
corner of the said TAMUS tract, a 1/2" iron rod bears N 10° 00' 53"W, 3.90 feet, an old
fence corner post bears N 20° 27' 53" W, 3.70 feet;
THENCE along the southwest line of this tract N 45° 29' 00"W, pass at 1157 feet an 8"
elm, pass at 1512.37 a 1/2" iron rod found at the south corner of the said Southcorp
tract, a total distance of 1720.11 feet to the PLACE OF BEGINNING, containing 11.635
acres of land, more or less.
We find the following actions or conveyances affecting the title to said land (specifically
excluding any conveyances respecting mineral estate) through effective date of June 15, 2009
@ 8:00 a.m.:
Special Warranty Deed with Vendor's Lien from Por Nada Joint Venture to Titan
Valley Park, Limited Partnership, dated September 21, 2005, recorded in Volume
6976, page 226, Official Records of Brazos County, Texas. (9.635 acres)
Special Warranty Deed from Southcorp Holdings I, L.P. to Titan Valley Park, Limited
Partnership, dated September 28, 2005, recorded in Volume 6976, page 239, Official
Records of Brazos County, Texas. (2.00 acres)
First Amendment to Declaration of Covenants and Restrictions executed by Titan
Valley Park, Limited Partnership, dated March 29, 2006, recorded in Volume 7230,
page 120 and corrected in Volume 7253, page 161, Official Records of Brazos
County, Texas.
Special Warranty Deed with Vendor's Lien from Titan Valley Park, Limited
Partnership to Titan Mac Valley Park 1, LP, dated May 25, 2006, recorded in Volume
7364, page 53, Official Records of Brazos County, Texas. (4.655 acres)
Deed of Trust, Security Agreement and Financing Statement dated May 25, 2006,
executed by Titan Mac Valley Park 1, LP to Paul S. Moxley, Trustee, for the benefit of
Texas State Bank, McAllen, in the principal amount of$3,912,000.00, recorded in
Volume 7364, page 58, Official Records of Brazos County, Texas. (4.655 acres)
Assignment of Rents and Lease from Titan Mac Valley Park 1, LP to Texas State
Bank, dated May 25, 2006, recorded in Volume 7364, page 72, Official Records of
Brazos County, Texas. (4.655 acres)
Construction Closing Certificate and New Construction Affidavit executed by Titan
Valley Park, Limited Partnership, dated May 19, 2006, recorded in Volume 7397, page
167, Official Records of Brazos County, Texas. (6.98 acres)
Deed of Trust, Security Agreement and Financing Statement dated May 19, 2006,
executed by Titan Valley Park, Limited Partnership to Robert J. Hymel, Jr., Trustee,
for the benefit of Inter National Bank, in the principal amount of$1,952,281.60,
recorded in Volume 7397, page 171, Official Records of Brazos County, Texas and as
extended by instrument recorded in Volume 8714, page 275, Official Records of
Brazos County, Texas. (6.98 acres)
Plat of Valley Park Center executed by Titan Valley Park, Limited Partnership, filed
November 6, 2006, recorded in Volume 7675, page 282, Official Records of Brazos
County, Texas. (11.635 acres)
Easement and Covenant Agreement by and between Titan Valley Park, Limited
Partnership and Titan Mac Valley Park 1, L.P., dated July 13, 2007, recorded in
Volume 8104, page 123, Official Records of Brazos County, Texas. (Lots 2-4, Valley
Park Center)
Special Warranty Deed with Vendor's Lien from Titan Mac Valley Park 1, L.P. to
CPFPCS, LLC, dated July 12, 2007, recorded in Volume 8104, page 135 and corrected
in Volume 8155, page 48, Official Records of Brazos County, Texas. (Lot 1, Valley
Park Center)
Deed of Trust, Security Agreement— Financing Statement dated July 12, 2007,
executed by CPFPCS, LLC to Jimmy R. Locke, Trustee, for the benefit of Frost
National Bank, in the principal amount of$4,100,000.00, recorded in Volume 8104,
page 139, Official Records of Brazos County, Texas. (Lot 1, Valley Park Center)
Easement and Right of Way Release Agreement and Memorandum by and between
Titan Valley Park, LP and Explorer Pipeline Company, dated May 14, 2009, recorded
in Volume 9147, page 170, Official Records of Brazos County, Texas.
We do not certify as to property taxes.
This certificate is for informational purposes only and the information contained herein shall
not be relied on in the issuance of any title insurance policy. The liability of Brazos County
Abstract Company in this connection is limited to $00.00, being the charge made for this
certificate.
WITNESS OUR HAND at College Station, Texas, this the 17th day of June, 2009.
BRAZOS COUNTY ABSTRACT COMPANY
BY: Q, 6.e/i-y)
LISA KEMP
EXHIBIT B
SUMMARY OF INITIAL PARTNERS
General Partner Initial Initial
Capital Contribution Partnership Interest
Percentage
Titan Development of Texas, LLC, a
New Mexico limited liability $$5,200.00 1.00%
company
Limited Partners Initial Initial
Capital Contribution Partnership Interest
Percentage
Ben F. Spencer $97,396.00 18.73%
Reid Investment, Inc. $97,396.00 18.73%
David R. Hillman $46, 800.00 9%
Wilbert L. Sisson $213,200.00 41%
Ron W. Mills $30,000.00 5.77%
Kirk Springer $30,000.00 5.77%
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