HomeMy WebLinkAboutTitle ReportBrazos County Abstract Company
"More Than 140 Years of Title Service"
P.O. Box 4704 Phone: (979) 731-1900 3800 Cross Park Drive
Bryan, Texas 77805-4704 Fax:(979 713-8352 Bryan, Texas77802
Title Report Prepared
for
MR. CHUCK ELLISON
THE ELLISON LAW FIRM
Experience Matters
Brazos County Abstract Company
"More than 140 Years of Title Service"
EFFECTIVE DATE: June 19, 2013 @ 8 o'clock A.M.
PROPERTY DESCRIPTION:
Being all that certain 2.75 acre tract or parcel of land, lying and being situated in the ROBERT
STEVENSON SURVEY, Abstract No. 54, College Station, Brazos County, Texas, and being and
being part of the 89.42 acre - Tract One, described in the deed from Timothy J. Crowley to
College Station Market Place, L.P., recorded in Volume 8274, Page 111, of the Official Records
of Brazos County, Texas, and said 2.75 acre tract being more particularly described as follows:
BEGINNING at a1/2" iron rod and cap found marking the south corner of Lot 15 - 0.97 acre,
Block 3, Tower Point Subdivision, Phase 8A, according to the plat recorded in Volume 10042,
Page 214, of the Official Records of Brazos County, Texas, said 2" iron rod and cap also lying in
the northwest right-of-way line of State Highway No, 40, (W. D. Fitch Parkway);
THENCE along the northwest right-of-way line of the beforementioned State Highway No. 40, as
follows:
S 48' 59' 02" W for a distance of 186.12 feet to a 3" brass disc TxDOT concrete right-of-
way monument found,
S 50' 47' 22" W for a distance of 249.24 feet to a t'i" iron rod and cap found marking the
east corner of Lot 18, Block 3, 1.17 acres, Tower Point Subdivision,
Phase 8A;
THENCE N 390 12' 38" W along the northeast line of the beforementioned Lot 18, Block 3, for a
distance of 275.00 feet to an "X" found in concrete, same being in or near the centerline of a 34'
wide concrete street;
THENCE along the centerline of a proposed 40' wide private access and public utility easement,
as follows:
N 50' 47' 22" E for a distance of 86.22 feet to an "X" set in concrete,
N 48' 59' 02" E at a distance of 184.89 feet pass an "X" found in concrete marking the
south corner of Lot 28, Block 3 - 1.68 acres, Tower Point
Subdivision, Phase 3, according to the Replat filed in Volume
10722, Page 220, of the Official Records of Brazos County, Texas,
continue on, for a total distance of 340.40 feet to an "X" found in
concrete marking the west corner of the beforementioned Lot 15,
Block 3;
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Brazos County Abstract Company
"More than 140 Years of Title Service"
THENCE S 41" 00' 58" E along the southwest line of the beforementioned Lot 15, Block 3, for a
distance of 280.00 feet to the PLACE OF BEGINNING, containing 2.75 acres of land, more or
less.
TITLE APPEARS TO BE VESTED IN:
COLLEGE STATION MARKETPLACE, L.P.
By Special Warranty Deed with Vendor's Lien from Timothy J. Crowley dated October 3, 2007,
recorded in Volume 8274, page I 11, Official Records of Brazos County, Texas.
SUBJECT TO:
LIENS: Deed of Trust dated February 4, 2010, but effective February 10, 2010, executed by
College Station Marketplace, L.P. to Timothy Jones, Trustee, securing one note of
even date payable to First Victoria National Bank, in the principal amount of
$7,500,000.00, recorded in Volume 9497, page 122, Official Records of Brazos
County, Texas, and as renewed, extended and modified by instruments recorded in
Volume 10656, page 264 and Volume 10666, page 158, Official Records of Brazos
County, Texas.
Assignment of Leases and Rents from College Station MarketPlace, L.P. to First
Victoria National Bank, dated February 4, 2010, but effective February 10, 2010,
recorded in Volume 9497, page 155, Official Records of Brazos County, Texas.
Supplemental Deed of Trust and Security Agreement dated August 9, 2010,
executed by College Station MarketPlace, L.P. to Timothy Jones, Trustee,
securing one note of even date payable to First Victoria National Bank, in the
principal amount of $1,888,027.00, recorded in Volume 9785, page 50, Official
Records of Brazos County, Texas.
ABSTRACT OF JUDGMENT/FEDERAL AND/OR STATE LIENS:
NONE OF RECORD
3, EASEMENTS:
Right of Way Easement from Ethel Cavitt et al to City of Bryan, dated September
21, 1961, recorded in Volume 215, page 589, Deed Records of Brazos County,
Experience Mutters
Brazos County Abstract Company
"More than 140 Years of Title Service"
Texas.
,F/Pipeline Easement from Timothy J. Crowley to Aquila Southwest Pipeline
Corporation, dated November 3, 1993, recorded in Volume 1977, page 50, Official
Records of Brazos County, Texas.
Right of Way Agreement from Timothy J. Crowley to Seminole Pipeline Company,
/dated February 26, 2002, recorded in Volume 4555, page 294, Official Records of
Brazos County, Texas.
Utility Easement from Timothy J. Crowley to City of College Station, Texas, dated
/ May 7, 2003, recorded in Volume 5282, page 202, Official Records of Brazos
County, Texas.
Right of Way Agreement from Timothy J. Crowley to Devon Gas Services, L.P.,
dated April 12, 2004, recorded in Volume 6096, page 229, Official Records of
Brazos County, Texas; Assigned to ETC Texas Pipeline, Ltd., in Volume 6881,
page 64, Official Records of Brazos County, Texas.
Terms and conditions as set forth in Declaration of Easements executed by College
,/Station MarketPlace, L.P., dated November 9, 2009, recorded in Volume 9392,
page 76, Official Records of Brazos County, Texas.
Temporary Blanket Utility Easement from College Station MarketPlace, L.P. to
City of College Station, Texas, dated January 5, 2010, recorded in Volume 9497,
page 77, Official Records of Brazos County, Texas.
Temporary Blanket Utility Easement from College Station MarketPlace, L.P. to
City of College Station, Texas, dated November 24, 2010, recorded in Volume
9928, page 153, Official Records of Brazos County, Texas.
Public Utility Easement from College Station Marketplace, L.P. to City of College
Station, Texas, dated October 26, 2011, recorded in Volume 10392, page 284,
Official Records of Brazos County, Texas.
4. OUTSTANDING MINERALS AND/OR ROYALTIES:
Mineral reservation in Deed from Edith Cavitt Estate et al to United Four Joint
Venture, dated December 16, 1982, recorded in Volume 564, page 504, Deed
Records of Brazos County, Texas. The surface and all executory leasing rights
conveyed within. Title to this reservation has not been traced subsequent to the date
of the above -cited instrument.
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Brazos County Abstract Company
"More than 140 Years of Title Service"
Royalty reservation in Deed from Robert B. Waltman et ux to Timothy J. Crowley,
dated January 24, 1992, but effective December 31, 1991, recorded in Volume
1415, page 74, Official Records of Brazos County, Texas. Title to this reservation
has not been traced subsequent to the date of the above -cited instrument.
Mineral reservation in Deed from Timothy J. Crowley to College Station
Marketplace, L.P., dated October 3, 2007, recorded in Volume 8274, page I11,
Official Records of Brazos County, Texas. Title to this reservation has not been
traced subsequent to the date of the above -cited instrument.
5. OIL & GAS LEASES:
Estate created by Oil and Gas Lease from Edith Cavitt Estate et al to Cayuga
Exploration, Inc., dated August 15, 1977, recorded in Volume 27, page 530, O&GL
Records of Brazos County, Texas. Title to this lease has not been traced
subsequent to the date of the above -cited instrument.
Estate created by Oil and Gas Lease from Timothy J. Crowley, et al to Union
Pacific Resources Company, dated May 29, 1990, recorded in Volume 1205, page
135, Official Records of Brazos County, Texas; as ratified in instruments recorded
in Volume 1197, page 837 and 839; Volume 1220, pages 311, 313, 315 and 317
and Volume 1667, page 42, Official Records of Brazos County, Texas; and as
amended and extended in instruments recorded in Volume 1835, page 92 and
Volume 1839, page 303, Official Records of Brazos County, Texas; subject to
Partial Release dated October 17, 1995, recorded in Volume 2514, page 332 and
corrected in Volume 9395, page 293, Official Records of Brazos County, Texas;
subject to terms and conditions of Agreement of Lessor regarding Oil and Gas
Leases dated February 9, 2010, recorded in Volume 9497, page 225, dated July 19,
2011, recorded in Volume 10512, page 170 and dated February 15, 2012, recorded
in Volume 10541, page 230, Official Records of Brazos County, Texas. Title to
this lease has not been traced subsequent to the date of the above -cited instrument.
6. RESTRICTIONS: Restrictive covenants recorded in Volume 9497, page 198 and corrected in
Volume 9530, page 98 and Volume 10036, page 24, Volume 10141, page
15, Volume 10512, page 159 and Volume 11153, page I, Official Records
of Brazos County, Texas.
7. TAXES: NO SEARCH MADE
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* Brazos County Abstract Company
"More than 140 Years or Title Service"
8, MISCELLANEOUS:
Terms, conditions and stipulations contained in Declaration of Easements,
Covenants, Conditions and Restrictions by and between HEB Grocery
Company, LP and College Station MarketPlace, L.P., dated February 10,
2010, recorded in Volume 9497, page 198 and corrected in Volume 9530,
page 98, Official Records of Brazos County, Texas.
Terms and conditions of the Memorandum and Agreement Concerning
Exclusivity Provision by and between College Station Marketplace, L.P.,
Santa Paula Townhouses, LLC and JPMorgan Chase Bank, National
Association, dated November 5, 2010, recorded in Volume 9941, page 240,
Official Records of Brazos County, Texas.
Terms and conditions contained in Declaration of Supplemental Easements,
Covenants and Restrictions, executed by College Station Marketplace, L.P.,
dated February 16, 2011, recorded in Volume 10036, page 24, Official
Records of Brazos County, Texas.
Maintenance Charge set forth in Declaration of Supplemental Easements,
Covenants and Restrictions, executed by College Station Marketplace, L.P.,
dated February 16, 2011, recorded in Volume 10036, page 24, Official
Records of Brazos County, Texas.
Terms and conditions contained in Limited Restrictive Covenants
Agreement by and between College Station Marketplace, L,P, and New
Cingular Wireless PCS, LLC d/b/a AT&T Mobility, dated April 16, 2011,
recorded in Volume 10141, page 15, Official Records of Brazos County,
Texas.
Terms and conditions contained in Limited Restrictive Covenants
Agreement by and between College Station MarketPlace, L.P. and Austaco,
Ltd., dated January 27, 2012, recorded in Volume 10512, page 159, Official
Records of Brazos County, Texas.
Terms and conditions contained in Limited Restrictive Covenants
Agreement by and between College Station MarketPlace, L.P. and HG Real
Properties, LLC, dated February 5, 2013, recorded in Volume 11153, page
1, Official Records of Brazos County, Texas.
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 or not. There may
be leases, grants, exceptions or reservations of mineral interests that are not
Gcperience Mutters
Brazos County Abstract Company
"More than 140 Years of Title Service"
listed.
THIS TITLE REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING, EVIDENCED BY
THE ACCEPTANCE OF SAME THAT THE UNDERSIGNED, BRAZOS COUNTY ABSTRACT
COMPANY DOES NOT UNDERTAKE HEREIN TO GIVE OR EXPRESS ANY OPINION AS
TO THE VALIDITY OF THE TITLE TO THE PROPERTY ABOVE DESCRIBED, NOR AS TO
THE VALIDITY OF ANY OF THE INSTRUMENTS REPORTED HEREIN, INCLUDING THE
PURPORTED DEED(S) ESTABLISHING THE RECORD OWNER(S) CITED ABOVE, BUT IS
SIMPLY REPORTING BRIEFLY HEREIN AS TO THE INSTRUMENTS FOUND OF RECORD
PERTAINING TO SAID PROPERTY, AND IT IS EXPRESSLY UNDERSTOOD AND AGREED
THAT THIS TITLE REPORT IS NEITHER A GUARANTY NOR WARRANTY OF THE TITLE.
BY ACCEPTANCE OF THIS TITLE REPORT IT IS UNDERSTOOD THAT THE LIABILITY
OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO THE ACTUAL MONETARY
CONSIDERATION PAID FOR SAID REPORT BY CITY BANK. THIS SEARCH HAS BEEN
LIMITED TO THE ABOVE MATTERS AND THE ABOVE TIME PERIOD; AND WE HAVE
NOT SEARCHED FOR, NOR HAVE REFLECTED HEREIN, ANY EXAMINATION AS TO
TAX SUITS, SPECIAL ASSESSMENTS, CONFLICTS OR OTHER INSTRUMENTS WHICH
MAY AFFECT TITLE TO THE SUBJECT PROPERTY. IF TITLE INSURANCE COVERAGE,
WHICH IS NOT PROVIDED BY THIS REPORT, IS NEEDED, SAID COVERAGE IS
AVAILABLE THROUGH THE APPLICABLE PROMULGATED POLICY(IES), AND AT A
SPECIFIED RATE PREMIUM.
BRAZOS COUNTY ABSTRACT COMPANY
LISA KEMP
Experience Matters