HomeMy WebLinkAboutTitle ReportBrazos County Abstract Company
"More than 130 Years of Title Service"
P.O. Box 4704 Phone: (979) 731-1900 3800 Cross Park Drive
Bryan, TX 77805-4704 Facsimile: (979) 731-8352 Bryan, TX 77802
E-mail: bcac@bcactg.com
BCAC GF NO. 148761
Title Report Prepared December 16, 2011
for
ELLISON LAW FIRM
Attention: MR. CHUCK ELLISON
Brazos County Abstract Company
"More than 130 Years of Title Service"
EFFECTIVE DATE: December 14, 2010 at 8:00 a.m.
GF NO. 148761
PROPERTY DESCRIPTION:
Being the remainder of that certain
and being situated in the ROBERT
54, College Station, Brazos County
two tracts:
TRACT ONE:
122.21 acre tract or parcel of land lying
STEVENSON SURVEY, Abstract No.
Texas, and consisting of the following
Field notes of a 94,99 acre tract or parcel of land, lying and being situated in
the ROBERT STEVENSON SURVEY, Abstract No. 54, College Station,
Brazos County, Texas, and consisting of the following tracts:
All of the called 5,643 acre - Tract One described in the deed from Spring
Creel, CS Development, Ltd, to College Station Marketplace, L.P., as
recorded in Volume 6647, page 207, Official Records of Brazos County,
Texas;
All of the called 84.77 acre (net) - Tract One and all of the called 4.65 acre -
Tract Three described in the deed from Timothy J. Crowley to College
Station Marketplace, L,P., as recorded in Volume 8274, page 111, Official
Records of Brazos County, Texas;
Said 94,99 acre tract being more particularly described as follows:
BEGINNING at the %2" iron rod found marking the southeasterly east
corner of the beforementioned 84.77 acre tract, same being the south corner
of South Park Estates according to the plat recorded in Volume 795, Page
259, of the Official Records of Brazos County, Texas, and being in the
northwest right-of-way line of State Highway No. 40;
THENCE along the northwest right-of-way line of State Highway No. 40,
as follows:
S 48' 59' 02" W for a distance of 858.56 feet to angle point, a concrete
right-of-way marker bears S 480 4T W - 0.25 feet,
S 50' 47' 22" W for a distance of 974.50 feet to a concrete right-of-way
marker found, a 6" creosote post fence corner bears N 200 02' E - Ls feet,
S 53' 41' 54" W for a distance of 177,54 feet to a V? iron rod found
Brazos County Abstract Company
"More than 130 Years of Title Service"
marking the most southerly cast corner of Arrington Road - 80' right-of-way
as shown on the Right-of-way Dedication Arrington Road and 80' Decatur
Drive, according to the plat recorded in Volume 7800, Page 12, of the
Official Records of Brazos County, Texas, said %2" iron rod being the
beginning of a transition curve, concave to the north, having a radius of
30.00 feet;
THENCE along the east and northeast right-of-way line of Arrington Road,
as follows;
Westerly along said curve for an are length of 51.56 feet to a '/2" iron rod
found marking the end of this transition curve, the chord beans N 770 04'
10" W - 45.44 feet,
N 270 50' 14" W for a distance of 449,67 feet to a %2" iron rod found
marking the beginning of a curve, concave to the east, having a radius of
733,54 feet,
Northerly along said curve for an are length of 925.36 feet to a %2" iron rod
found marking the end of this curve, the chord bears N 08' 17' 59" E -
865.21 feet,
N 44° 26' 29" E for a distance of 324.06 feet to a ''/2" iron rod found
marking the beginning of a transition curve, (transitioning around a
turnabout), having a radius of 50.00 feet,
Northeasterly along said curve for an arc length of 55.69 feet to a W, iron
rod found marking the beginning of a compound curve, concave to the
south, having a radius of 300.00 feet, the chord bears N 761 20' 51" E -
52.85 feet,
Easterly along said curve for an arc length of 146.44 feet to a %2' iron rod
found marking the end of this curve, the chord bears S 57' 43' 26" E -
144.99 feet,
S 43' 44' 24" E for a distance of 20.00 feet to a %2" iron rod found,
N 46' 15' 36" E for a distance of 65.00 feet to a %2" iron rod found marking
the most easterly corner of Arrington Road right-of-way,
N 43' 44' 24" W for a distance of 20.90 feet to a %2" iron rod found
marking the beginning of a curve, concave to the southwest having a radius
of 437.00 feet,
Northwesterly along said curve, for an are length of 61.71 feet to a %' iron
rod found marking the beginning of a reverse curve, concave to the
northeast, having a radius of 84.00 feet, the chord bears the chord bears N
470 4748" W - 61.66 feet,
Northwesterly along said curve, for an arc length of 85.90 feet to a %2' iron
rod found marking the beginning of a reverse curve, concave to the
southwest, having a radius of 91.00 feet, the chord bears N 220 32' 52" W -
82.20 feet,
Northwesterly along said curve, for an arc length of 122.76 feet to a''/2" iron
Brazos County Abstract Company
"More than 130 Years of Title Service"
rod found marking the beginning of a reverse curve, concave to the
northeast, having a radius of 384.00 feet, the chord bears N 310 53' 58" W -
113.66 feet,
Northwesterly along said curve for an are length of 179.58 feet to a %2" iron
rod found marking the end of this curve, the chord bears N 57' 08' 55" W -
177.94 feet,
N 43' 45' 05" W for a distance of 522.81 feet to a %' iron rod found,
N 44' 06' 42" W for a distance of 384.52 feet to a %2" iron rod found
marking the begimring of a curve, concave to the northeast, having a radius
of 465.00 feet,
Northwesterly along said curve, for an arc length of 102.91 feet to a %2" iron
rod found marking the end of this curve, the chord bears N 37' 46' 18" W -
102.70 feet,
N 58' 34' 06" E for a distance of 8.72 feet to a %2" iron rod found marking
the beginning of a curve, concave to the northeast, having a radius of
455.00 feet,
Northwesterly along said curve, for an are length of 615.13 feet to a'/2" iron
rod found marking the end of this curve, the chord bears N 06' 24' 44" E -
569.34 feet,
N 45' 08' 31" E for a distance of 615.42 feet to a %2" iron rod set at a
transition curve to State Highway No. 6, concave to the south, having a
radius of 40.00 feet,
Northerly and Easterly along said transition curve for an are length of 61.11
feet to a '/2" iron rod set at the end of this curve in the southwest right-of-
way line of State Highway No. 6, the chord bears N 88' 54' 37" E - 55.34
feet;
THENCE along the southwest right-of-way line of State Highway No. 6
(right-of-way width varies), as follows;
S 47' 19' 17" E for a distance of 203.39 feet to a'/2" iron rod set for angle
point,
S 43' 01' 56" E for a distance of 200.56 feet to angle point from which a
concrete right-of-way marker found bears S 67' 09' 30" E - 0.35 feet;
S 47' 19' 17" E for a distance of 800.00 feet to a %2" iron rod set,
S 38' 33' 26" E for a distance of 1214.18 feet to angle point, from which a
concrete right-of-way marker bears N 19015' E - 0.3 feet,
S 431 30' 26" E for a distance of 103.26 feet to a %2" iron rod set at the
northerly east corner of the beforementioned 84.77 acre tract, same being
the north corner of Lot 1, of the beforementioned South Park Estates, Phase
One;
THENCE along the northwest and southwest lines of the beforementioned
South Park Estates, same being the easterly southeast and northeast lines of
Brazos County Abstract Company
"More than 130 Years of Title Sewice"
the beforementioned 84.77 acre tract, as follows:
S 28' 59' 25" W for a distance of 370.00 feet to the west corner of Lot 2, an
8" creosote post fence corner bears N 22' 40' E - 1.0 feet,
S 601 58' 37" E for a distance of 138.71 feet to the PLACE OF
BEGINNING, containing 94.99 acres of land, more or less.
SAVE AND EXCEPT all that certain 16.29 acres, aka Lots 12, 13A and
13C, Block 3, Tower Point Subdivision, Phase 3, according to plat recorded
in Volume 9497, page 120, Official Records of Brazos County, Texas,
conveyed to HEB Grocery Company, LP, by Special Warranty Deed dated
February 10, 2010, recorded in Volume 9497, page 173, Official Records of
Brazos County, Texas.
FURTHER SAVE AND EXCEPT all that certain 1.28 acres, aka Lot 14,
Block 3, Tower Point Subdivision, Phase 4, according to plat recorded in
Volume 9699, page 156, Official Records of Brazos County, Texas,
conveyed to Santa Paula Townhouses, LLC by Special Warranty Deed
dated September 29, 2010, recorded in Volume 9847, page 200, Official
Records of Brazos County, Texas,
FURTHER SAVE AND EXCEPT all that certain 1.68 acres, aka Lot 28,
block 3, Tower Point Subdivision, Phase 3, according to vacating plat
recorded in Volume 9699, page 155, Official Records of Brazos County,
Texas, conveyed to CSMP Phase 3/Lot 28, LLC by Deed dated December
23, 2010, recorded in Volume 9999, page 184, Official Records of Brazos
County, Texas.
FURTHER SAVE AND EXCEPT all that certain 1.65 acres, aka Lot 8,
Block 3, Tower Point Subdivision, Phase I IA, according to plat recorded in
Volume 10076, page 73, Official Records of Brazos County, Texas,
conveyed to The Bank & Trust of Bryan/College Station by Special
Warranty Deed dated June 16, 2011, recorded in Volume 10211, page 42,
Official Records of Brazos County, Texas.
TRACT TWO:
Field notes of a 9,56 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 all of the called 5,711 Acre - Tract 2 and
all of the called 3.838 acre - Tract 3 described in the deed from Spring
Creek CS Development, Ltd, to College Station Marketplace, L.P. as
recorded in Volume 6647, Page 207, of the Official Records of Brazos
Brazos County Abstract Company
"More than 130 Years of Title Service"
County, Texas, and said 9.56 acre tract being more particularly described as
follows:
BEGINNING at the 1/x" iron rod set at the west corner of the
beforementioned 3.838 acre tract, same being the north corner of the called
1.36 acre tract, described in Volume 8437, Page 03, of the Official Records
of Brazos County, Texas, and being in the southeast line of the K. S. Moss
Capital Corp - called 14.28 acre tract described in Volume 2763, Page 147,
of the Official Records of Brazos County, Texas;
THENCE N 430 45' 31" E along the northwest line of the beforementioned
3.838 acre tract, partially adjacent to a fence, at a distance of 61.7 feet, pass
a 2" metal pipe post fence corner, continue on, at a distance of 223.2 feet,
pass a 2" metal pipe post fence corner, continue on, leaving said fence, at a
distance of 536.50 feet, pass a 5/8" iron rod found at a 2" iron pipe post
fence corner, continue on, for a total distance of 550.07 feet to a''/2' iron rod
set at the north corner of the 3.838 acre tract, same being the east corner of
the 14.28 acre tract in the southwest right-of-way line of State Highway No.
6;
THENCE S 470 19' 17" E along the southwest right-of-way line of State
Highway No. 6, (right-of-way width varies) partially adjacent to a fence, for
a distance of 697.99 feet to a %s" iron rod set at the beginning of a transition
curve to Arrington Road, concave to the west, having a radius of 40.00 feet;
THENCE along the northwest right-of-way line of Arrington Road (80'
wide right-of-way, see Volume 7800, Page 12, of the Official Records of
Brazos County, Texas), as follows:
Southeasterly and Southwesterly along said transition curve, for an are
length of 64.55 feet to a lead plug and tack set in concrete sidewalk at the
end of this curve, the chord bears S O1' 05' 23" E - 57.77 feet,
S 45' 08' 3 1 " W for a distance of 554.71 feet to a lead plug and tack set in
concrete sidewalk at the south corner of the 5.711 acre tract, same being the
east corner of the beforementioned 1.36 acre tract;
THENCE along the southwest line of the beforementioned 5,711 acre and
3.938 acre tracts, same being the northeast line of the beforementioned 1,36
acre tract, as follows:
N 430 04' 06" W for a distance of 422.44 feet to a''/z" iron rod set,
N 43' 40' 05" E for a distance of 8.91 feet to a %2" iron rod set,
N 46' 14' 41" W for a distance of 303.41 feet to the PLACE OF
BEGINNING, containing 9.56 acres of land, more or less.
Brazos County Abstract Company
"More than 130 Years of Title Service"
TITLE APPEARS TO BE VESTED IN:
COLLEGE STATION MARKETPLACE, L.P.
SUBJECT TO:
I. LIENS: A, Deed of Trust dated October 29, 2009, executed by College Station
Marketplace, L.P. to Charles A. Ellison, Trustee, securing one note of even
date payable to Timothy J, Crowley, in the principal amount of
$2,000,000.00, recorded in Volume 9368, page 274, Official Records of
Brazos County, Texas. (5.643 acres out of Tract One)
Collateral Transfer of Note from Timothy J. Crowley to Lynn Goode, dated
October 19, 2009, but effective February 10, 2010, recorded in Volume
9497, page 98, Official Records of Brazos County, Texas,
B. Deed of Trust dated October 29, 2009, executed by College Station
Marketplace, L.P. to Charles A. Ellison, Trustee, securing one note of even
date payable to Timothy J. Crowley, in the principal amount of
$2,000,000,00, recorded in Volume 9368, page 287, Official Records of
Brazos County, Texas. (5.711 acres and 3.838 acres - Tract Tluee)
Collateral Transfer of Note from Timothy J. Crowley to Lynn Goode, dated
October 19, 2009, but effective February 10, 2010, recorded in Volume
9497, page 105, Official Records of Brazos County, Texas,
C. 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, (73.14 acres - Tract
One)
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,
Brazos County Abstract Company
"More than 130 Years of Title Service"
D. Deed of Trust, Security Agreement, Assignment of Rents and UCC
Financing Statement for Fixture Filing dated April 29, 2011, executed by
College Station Marketplace, L.P. to Ivan M. Olson, Trustee, securing one
note of even date payable to The Bank & Trust of Bryan/College Station, in
the principal amount of $2,100,000.00, recorded in Volume 10137, page 90,
Official Records of Brazos County, Texas. (5,44 and 9.56 acres - Tracts
One and Two)
F. Additional Collateral Deed of Trust, Security Agreement and
Assignment of Rents and UCC Financing Statement for Fixture Filing dated
April 29, 2011, executed by College Station Marketplace, L.P. to Ivan M.
Olson, Trustee, for the benefit of The Bank & Trust of Bryan/College
Station, in the principal amount of $2,100,000.00, recorded in Volume
10137, page 130, Official Records of Brazos County, Texas, (Lot 15, Block
3, Tower Point Subdivision, Phase 8A - Tract One)
Assigmnent of Rent, Become and Receipts from College Station
Marketplace, L.P. to The Bank & Trust of Bryan/College Station, dated
April 29, 2011, recorded in Volume 10137, page 143, Official Records of
Brazos County, Texas.
F. Deed of Trust dated April 26, 2011, executed by College Station
MarketPlace, LT, to Charles A. Ellison, Trustee for the benefit of Timothy
J. Crowley, in the principal amount of $914,697.32, recorded in Volume
10139, page 73, Official Records of Brazos County, Texas. (5.57 and 9.56
acres - Tracts One and Two)
G. Deed of Trust, Security Agreement, Assignment of Rents and UCC
Financing Statement for Fixture Filing dated April 29, 2011, executed by
College Station MarketPlace, L.P. to Ivan M, Olson, Trustee, securing one
note of even date payable to The Bank & Trust of Bryan/College Station, in
the principal amount of $1,250,000.00, recorded in Volume 10140, page 26,
Official Records of Brazos County, Texas. (Lot 15, Block 3, Tower Point
Subdivision, Phase 8A - Tract One)
Assignment of Rent, Income and Receipts from College Station
Marketplace, L.P. to The Bryan & Trust of Bryan/College Station, dated
April 29, 2011, recorded in Volume 10140, page 63, Official Records of
Brazos County, Texas.
Assignment of Construction Contract, Agreements, Licenses and Permits
from College Station MarketPlace, L,P. to The Bank & Trust of
Bryan/College Station, dated April 29, 2011, recorded in Volume 10140,
page 69, Official Records of Brazos County, Texas.
Brazos County Abstract Company
"More than 130 Years of Title Service"
H. Deed of Trust, Security Agreement, Assignment of Rents and UCC
Financing Statement for Fixture Filing dated December 8, 2011, executed
by College Station MarketPlace, L.P. to Ivan M, Olson, Trustee, securing
one note of even date payable to The Bank & Trust of Bryan/College
Station, in the principal amount of $1,100,000.00, recorded in Volume
10449, page 193, Official Records of Brazos County, Texas. (0.75 acres
out of Tract One)
Assignment of Rent, Income and Receipts from College Station
MarketPlace, L.P. to The Bryan & Trust of Bryan/College Station, dated
December 8, 2011, recorded in Volume 10449, page 232, Official Records
of Brazos County, Texas.
Assignment of Construction Contract, Agreements, Licenses and Permits
from College Station MarketPlace, L,P. to The Bank & Trust of
Bryan/College Station, December 8, 2011, recorded in Volume 10449, page
239, Official Records of Brazos County, Texas,
2. ABSTRACT OF JUDGMENT/FEDERAL AND/OR STATE LIENS:
NONE OF RECORD
3. EASEMENTS: Easements as shown of record on plat of lower Point Subdivision, Phase
8A, recorded in Volume 10042, page 214, Official Records of Brazos
County, Texas. (2.14 acres out of Tract One)
Easements as shown of record on plat of Tower Point Subdivision, Phase
IIA, recorded in Volume 10076, page 73, Official Records of Brazos
County, Texas. (2.96 acres out of Tract One)
Blanket Right -of -Way Easement from Esther Cavitt to Sinclair Refining
Company, dated March 13, 1947, recorded in Volume 132, page 95, Deed
Records of Brazos County, Texas; Assigmnent from Sinclair Refining
Company to Sinclair Pipe Line Company, dated December 31, 1950,
recorded in Volume 147, page 417, Deed Records of Brazos County, Texas;
Assigtwrent and Assumption Agreement between ARCO Pipe Line
Company and CITGO, dated October 3, 1994, recorded in Volume 2217,
page 231, Official Records of Brazos County, Texas; Amendment to Right
of Way Agreement by and between CITGO Products Pipeline Company
and Timothy J. Crowley, dated February 16, 1999, recorded in Volume
3440, page 40, Official Records of Brazos County, Texas,
Brazos County Abstract Company
"More than 130 Years of Title Seivice"
Right of Way Easement from Icy Barron Dowling et vir to The City of
Bryan, Texas, dated August 11, 1961, page in Volume 213, page 507, Deed
Records of Brazos County, Texas. (3.838 acres - Tract Two)
Right -of -Way Easement from Ethel Cavitt et at to City of Bryan, dated
September 21, 1961, recorded in Volume 215, page 589, Deed Records of
Brazos County, Texas. (Tract One)
Right of Way Easement from Dwayne L. Rliea et ux to The City of Bryan,
Texas, dated February 26, 1981, recorded in Volume 479, page 278, Deed
Records of Brazos County, Texas. (3.838 acres - Tract Two)
Right -of -Way Easement from Ethel Cavitt Estate et al to Wellborn Water
Supply Corporation, dated August 11, 1982, recorded in Volume 531, page
722, Deed Records of Brazos County, Texas.
Right of Way Easement from Ethel Cavitt Estate et al to Producers Gas
Company, dated July 22, 1981, recorded in Volume 534, page 84, Deed
Records of Brazos County, Texas. (Tract Two)
Utility Easement from United Four Joint Venture to City of College Station,
dated July 11, 1983, recorded in Volume 589, page 218, Official Records of
Brazos County, Texas. (Tracts One and Two)
Right -of -Way Easement from United Four Joint Venture to General
Telephone Company of the Southwest, dated February 3, 1984, recorded in
Volume 650, page 69, Official Records of Brazos County, Texas. (Tract
One)
Easement from United Four Joint Venture to City of College Station, dated
August 21, 1984, recorded in Volume 723, page 689, Official Records of
Brazos County, Texas. (Tracts One and Two)
Easement from United Four Joint Venture to Seminole Pipeline Company,
dated August 1, 1985, recorded in Volume 818, page 180, Official Records
of Brazos County, Texas; Partial Release dated December 21, 1987, from
Seminole Pipeline Company, recorded in Volume 1022, page 807, Official
Records of Brazos County, Texas; Encroachment Agreement dated May 9,
2001, recorded in Volume 4152, page 127, Official Records of Brazos
County, Texas; amendment dated April 25, 2003, recorded in Volume 5261,
page 143, Official Records of Brazos County, Texas. (Tract One)
Drainage Channel Easement granted in C/C Judgment styled The State of
Texas to United Four Joint Venture, dated October 24, 1989, recorded in
Volume 1153, page 137, Official Records of Brazos County, Texas, subject
Brazos County Abstract Company
"More than 130 Years of Title Service"
to Partial Release of Easement recorded in Volume 10094, page 1, Official
Records of Brazos County, Texas. (Tract One)
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. (Tract One)
Pipeline Easement from Timothy J. Crowley to Ferguson Burleson County
Gas Gathering System, dated February 24, 1995, recorded in Volume 2491,
page 99, Official Records of Brazos County, Texas; and amended in
Supplemental Right -Of -Way Agreement dated March 10, 2004, recorded in
Volume 6040, page 98, Official Records of Brazos County, Texas.
Easement and Right of Way from Timothy J. Crowley to TXU Gas
Company, dated March 31, 2001, recorded in Volume 4137, page 37,
Official Records of Brazos County, Texas. (Tract One)
Utility Easement from Timothy J. Crowley to City of College Station,
Texas, dated September 17, 2001, recorded in Volume 4328, page 164,
Official Records of Brazos County, Texas, (Tracts One and Two)
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, (Tract One)
Public Access and Utility Easement from Spring Creek CS Development,
Ltd. to City of College Station, Texas, dated March 3, 2003, recorded in
Volume 5247, page 82, Official Records of Brazos County, Texas. (Tracts
One and Two)
Pipeline Valve Easement from Timothy J. Crowley to Seminole Pipeline
Company, dated April 25, 2003, recorded in Volume 5261, page 143,
Official Records of Brazos County, Texas. (Tract One)
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, (Tract One)
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, (Tract
One)
Public Utility Easement from Spring Creek CS Development, Ltd. to City
of College Station, Texas, dated May 16, 2005, recorded in Volume 6693,
Brazos County Abstract Company
"More than 130 Years of Title Service"
page 290, Official Records of Brazos County, Texas. (3.838 acres - Tract
Two)
Designation of Property Participating in Regional Storm Water Detention
Pond, executed by Timothy J. Crowley, dated effective September 30, 2005,
recorded in Volume 7157, page 124, Official Records of Brazos County,
Texas.
Public Utility Easement from College Station Marketplace, L,P., to City of
College Station, Texas, dated May 30, 2007, recorded in Volume 8002,
page 249, Official Records of Brazos County, Texas. (Tract One)
Temporary Construction Easement from Timothy I Crowley to City of
College Station, Texas, dated May 30, 2007, recorded in Volume 8002,
page 258, Official Records of Brazos County, Texas. (Tract One)
Drainage Easement from Timothy J. Crowley to City of College Station,
Texas, dated May 30, 2007, recorded in Volume 8002, page 266, Official
Records of Brazos County, Texas. (Tract One)
Slope Control Easement from Timothy J. Crowley to City of College
Station, Texas, dated May 30, 2007, recorded in Volume 8002, page 273,
Official Records of Brazos County, Texas. (Tract One)
Public Utility Easement from Timothy J. Crowley to City of College
Station, Texas, dated May 30, 2007, recorded in Volume 8002, page 289,
Official Records of Brazos County, Texas. (Tract One)
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, (47.29
acres out of Tract One)
Temporary Blanket Access Easement from College Station MarketPlace,
L.P., to City of College Station, Texas, dated January 5, 2010, recorded in
Volume 9497, page 86, Official Records of Brazos County, Texas. (22,59
acres out of Tract One)
Public Utility Easement from College Station MarketPlace, L.P. to City of
College Station, Texas, dated November 24, 2010, recorded in Volume
9928, page 140, Official Records of Brazos County, Texas, (Tract One)
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,
(Tract One)
4.
Brazos County Abstract Company
"More than 130 Years of Title Service"
Public Utility Easement from College Station MarketPlace, L.P. to City of
College Station, Texas, dated April 26, 2011, recorded in Volume 10157,
page 152, Official Records of Brazos County, Texas, (Tract One)
Easement Agreement for Access from The Bank & Trust of Bryan/College
Station to College Station MarketPlace, L.P., dated June 16, 2011, recorded
in Volume 10211, page 59, Official Records of Brazos County, Texas.
(Tract One)
Public Utility Easement from College Station MarketPlace, L.P, to City of
College Station, Texas, dated June 7, 2011, recorded in Volume 10212,
page 240, Official Records of Brazos County, Texas. (Tract One)
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. (Tract One)
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. Title to this reservation has
not been traced subsequent to the date of the above -cited instrument.
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 Spring Creek CS
Development, Ltd., dated January 24, 2002, recorded in Volume 4712, page
260, Official Records of Brazos County, Texas. Title to this reservation has
not been traced subsequent to the date of the above -cited instrument.
(5.643 and 5.711 acre tracts)
Mineral reservation in Deed from Timothy J. Crowley to College Station
Marketplace, L.P., dated October 3, 2007, recorded in Volume 8274, page
111, Official Records of Brazos County, Texas. Title to this reservation has
not been traced subsequent to the date of the above -cited instrument.
(84.77, 5.96 and 4.65 acre tracts)
Brazos County Abstract Company
"More than 130 Years of Title Service"
5. OIL & GAS LEASES:
Estate created by Oil and Gas Lease from Edith Cavitt Estate et at 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 at to
Utuon 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, Official
Records of Brazos County, Texas, subject to terms and conditions of
Agreement of Lessor regarding Oil and Gas Lease dated February 9, 2010,
recorded in Volume 9497, page 255, Official Records of Brazos Comity,
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 180 (All Tracts),
Volume 9497, page 198 and corrected in Volume 9530, page 98, (Tract
One), Volume 9766, page 149, (Tract One) Volume 10036, page 24 (All
Tracts), Volume 10141, page 15 (Tract One) and Volume 10329, page 215,
(All Tracts) Official Records of Brazos County, Texas.
7. MISCELLANEOUS:
Terms and conditions as set forth in the Declaration of Covenants,
Conditions and Restrictions by and between HEB Grocery Company, LP,
College Station MarketPlace, L.P. and CSMP Phase I/Lot 2, LLC, dated
February 10, 2010, recorded in Volume 9497, page 180, Official Records of
Brazos County, Texas.
Terms and conditions as set forth in the 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. (Tract One)
Brazos County Abstract Company
"More than 130 Years of Title Service"
Terms and conditions as set forth in the Memorandum and Agreement
concerning Exclusivity Provision by and between College Station
MarketPlace, L.P., Santa Paula Townhouses, LLC and JPMorgan Chase
Bank, dated November 5, 2010, recorded in Volume 9941, page 240,
Official Records of Brazos Comity, Texas. (Tract One)
Terms and conditions as set forth in the Declaration of Supplemental
Easement, 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. (Tracts One and Two)
Terms and conditions as set forth in the Limited Restrictive Covenants
Agreement by and between College Station MarketPlace, L.P. and New
Cingular Wireless PCS, LLL, d/b/a AT&T Mobility, dated April 16, 2011,
recorded in Volume 10141, page 15, Official Records of Brazos County,
Texas. (Tract Two)
Terms and conditions as set forth in the Declaration of Covenants and
Restrictions executed by College Station MarketPlace, L,P„ dated
September 2, 2011, recorded in Volume 10329, page 215, Official Records
of Brazos County, Texas. (Tracts One and Two)
Terms and conditions as set forth in the Memorandum of Lease by and
between College Station MarketPlace, L.P. and McDonald's USA, LLC,
dated November 17, 2011, recorded in Volume 10424, page 98, Official
Records of Brazos County, Texas. (Tract One)
Terms and conditions as set forth in the Covenant Not to Compete executed
by College Station MarketPlace, L.P., dated October 19, 2011, recorded in
Volume 10424, page 104, Official Records of Brazos County, Texas,
(Tract One)
Terms and conditions as set forth in the Covenant Not to Compete executed
by The Batik & Trust of Bryan/College Station, dated October 26, 2011,
recorded in Volume 10424, page 114, Official Records of Brazos County,
Texas. (Tract One)
THIS TITLE REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING, EVIDENCED BY
TIIE 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
Brazos County Abstract Company
"More than 130 Years of Title Service"
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 ELLISON LAW FIRM, 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
CERTIFICATE OF AUTHORITY
We, the undersigned, Managers of COLLEGE STATION MARKETPLACE, GP, LLC, a Texas
limited liability company (the "Company'), do hereby certify that (i) the Company is duly organized and
existing under the laws of the State of Texas; that all franchise and other taxes required to maintain its
company existence have been paid when due and that no such taxes are delinquent; that no proceedings
are pending for the forfeiture of its Certificate of Organization or for its dissolution, voluntarily or
involuntarily; that it is fully qualified and in good standing to do business in all jurisdictions in which the
nature of its business requires it to be qualified; that there Is no provision of the Articles of Organization or
Regulations of the Company limiting the power of the Managers to pass the resolutions set forth below:
(it) that the Company is a general partner of COLLEGE STATION MARKETPLACE, L.P. (the
"Partnership") and that the Partnership is a limited partnership duty organized and existing under the laws
of the State of Texas and is authorized to do business in the State of Texas; and (III) that on the 21st day
of January, 2009, at a meeting of the Managers of said company duly and regularly called and held in
accordance with the Regulations of said company and the law, the following resolutions were
unanimously adopted and recorded in the minutes of the books of said company kept by me and are In
accord with and pursuant to the Articles of Organization and Regulations of said company and are now in
full force and effect, to -wit:
WHEREAS, COLLEGE STATION MARKETPLACE, L.P. is the owner of certain real property
located in the R. Stevenson Survey, College Station, Brazos County, Texas, which is commonly
known as Tower Point (the "Property"): and
WHEREAS, COLLEGE STATION MARKETPLACE, GP, LLC and CROWLEY DEVELOPMENT
CORPORATION, as General Partners of COLLEGE STATION MARKETPLACE, L.P. are
developing the Property; and
WHEREAS, the General Partners and the Partnership have agreed to authorize CHARLES A.
ELLISON to execute (i) any and applications and requests related to the development of the
Property and (ii) any and all easement documents necessary or convenient for the development
of the Property.
NOW, THEREFORE, BE IT RESOLVED, that ANDY WEINER and BRADLEY F. SCHLOSSER,
as Managers of the Company and as General Partner of the Partnership, authorize and direct
CHARLES A. ELLISON to execute (1) any and applications and requests related to the
development of the Property and (u) any and all easement documents necessary or convenient
for the development of the Property, on behalf and in the name of the Partnership;
RESOLVED FURTHER, that the Managers of the Company are directed to certify the Minutes of
this meeting and the contents of these resolutions and to deliver such certification in support of
the authority to act on behalf of the Company, as general partner of the Partnership.
RESOLVED FURTHER, that the foregoing powers and authorities shall continue in full force and
effect until written notice or revocation has been given.
We further certify that the following is the duly elected and incumbent managers of the Company
authorized to act on behalf of said Company is as set forth:
PRINT NAME TITLE
ANDY WEINER Manager
BRADLEY F. SCHLOSSER Manager
{oryHI ia5:
IN WITNESS WHEREOF, we have hereunto subscribed by hand by order of the Managers
effective the 9}f day of January, 2009.
SIGNATURES ON THE FOLLOWING PAGES
o`x'ei;' B. DONNA FAULK __ _
"' °"' El ER, Manager of COLLEGE STATION
3?: ^!o;ary Public, State of Texas
�c< NYCommissionExpires ARKETP ACE, GP, LLC, a Texas limited liability
Auquatg1,2010company
THE STATE OF TEXAS § (ACKNOWLEDGMENT)
COUNTY OF HARRIS
This instrument was acknowledged before me on the k day of January, 2009, by ANDY
WEINER, Manager of COLLEGE STATION MARKETPLACE, GP, LLC, Te as limited liability
company, on behalf of said company. i L LAY'—
Notary ub ic, State of Texas
i i.01111091
THE STATE OF TEXAS
BRADLEY F. SCHLOSSER, Manager of COLLEGE
STATION MARKETPLACE, GP, LLC, a Texas limited
liability company
(ACKNOWLEDGMENT)
COUNTY OF TRAVIS §
This instrument was acknowledged before me on the ZJ'day of January, 2009, by BRADLEY
F. SCHLOSSER, Manager of COLLEGE STATION MARKETPLACE, GP, LLC, a Texas limited liability
company, on behalf of said company.
•U N"i-" I""Ud�
Notary Public. State of Texas
LISA ROSE o
ag
\gw?�W."'
x° Notary Public, State of Texas
: My Commission Expires
" p ; March 08, 2009
CERTIFICATE OF AUTHORITY
I, the undersigned, sole Director and President of CROWLEY DEVELOPMENT CORPORATION,
a Texas corporation (the "Corporation"), does hereby certify that (1) the Corporation is duly organized and
existing under the laws of the State of Texas; that all franchise and other taxes required to maintain its
Corporation existence have been paid when due and that no such taxes are delinquent; that no
proceedings are pending for the forfeiture of its Certificate of Incorproation or for its dissolution, voluntarily
or involuntarily; that it is fully qualified and in good standing to do business in all jurisdictions in which the
nature of its business requires it to be qualified; that there is no provision of the Articles of Incorproation
or Bylaws of the Corporation limiting the power of the officers to pass the resolutions set forth below; (5)
that the Corporation is a general partner of COLLEGE STATION MARKETPLACE, L.P. (the
'Partnership") and that the Partnership is a limited partnership duly organized and existing under the laws
of the State of Texas and is authorized to do business in the State'of Texas; and (ill) that on the 21st day
of January, 2009, at a meeting of the Directors of said Corporation duly and regularly called and held in
accordance with the Bylaws of said Corporation and the law, the following resolutions were unanimously
adopted and recorded in the minutes of the books of said Corporation kept by me and are in accord with
and pursuant to the Articles of Incorporation and Bylaws of said Corporation and are now In full force and
effect, to -wit:
WHEREAS, COLLEGE STATION MARKETPLACE, L.P. is the owner of certain real property
located in the R. Stevenson Survey, College Station, Brazos County, Texas, which is commonly
known as Tower Point (the 'Property"); and
WHEREAS, COLLEGE STATION MARKETPLACE, GP, LLC and CROWLEY DEVELOPMENT
CORPORATION, as General Partners of COLLEGE STATION MARKETPLACE, L.P. are
developing the Property; and
WHEREAS, the General Partners and the Partnership have agreed to authorize CHARLES A.
ELLISON to execute (1) any and applications and requests related to the development of the
Property and (11) any and all easement documents necessary or convenient for the development
of the Property.
NOW, THEREFORE, BE IT RESOLVED, that TIMOTHY J. CROWLEY, as sole Director of the
Corporation and as General Partner of the Partnership, authorize and direct CHARLES A.
ELLISON to execute (i) any and applications and requests related to the development of the
Property and (11) any and all easement documents necessary or convenient for the development
of the Property, on behalf and in the name of the Partnership;
RESOLVED FURTHER, that the sole Director of the Corporation is directed to certify the Minutes
of this meeting and the contents of these resolutions and to deliver such certification in support of
the authority to act on behalf of the Corporation, as general partner of the Partnership.
RESOLVED FURTHER, that the foregoing powers and authorities shall continue in full force and
effect until written notice or revocation has been given.
I further certify that the following is the duly elected and incumbent sole Director of the
Corporation and that the true and correct signature of the individual authorized to act on behalf of said
Director is as set forth beside his name:
PRINT NAME TITLE
TIMOTHY J. CROWLEY Director
W ,uo?1
IN WITNESS WHEREOF, I have hereunto
Corporation effective the 21 st day of January, 2009.
a
THE STATE OF TEXAS §
COUNTY OFF+ §
by hand as the Sole Director of the
4"T CAOWLEY, Sole Director of
EY DEVELOPMENT CORPORA'
Corporation
(ACKNOWLEDGMENT)
This instrument was acknowledged before me on the ,;2.ry of January, 2009, by TIMOTHY J.
CROWLEY, sole Director of CROWLEY DEVELOPMENT CORPORATION, a Texas Corporation, on
behalf of said Corporation.
' I�o�"'?oe;�o, MARIA NORA VALERIO
=��;` Notary Public, State of Texas
'c� My Commission Ex Tres
•,,,,,,,, March 03, 2010
Notary Public, State of Texas
i!i00311071
Brazos County Abstract Company
"More than 130 Years of Title Service"
P.O. Box 4704 Phone: (979) 731-1900 3800 Cross Park Drive
Bryan, TX 77805-4704 Facsimile: (979) 731-8352 Bryan, TX 77802
E-mail: bcac@bcactg.com
BCAC GF NO. 148761
Title Report Prepared December 21, 2011
for
ELLISON LAW FIRM
Attention: MR. CHUCK ELLISON
Brazos County Abstract Company
"More than 130 Years of Title Service"
EFFECTIVE DATE: December 20, 2011 at 8:00 a.m.
GF NO, 148761
PROPERTY DESCRIPTION:
Being the remainder of that certain 122.21 acre tract or parcel of land lying
and being situated in the ROBERT STEVENSON SURVEY, Abstract No.
S4, College Station, Brazos County, Texas, and consisting of the following
two tracts:
TRACT ONE:
Field notes of a 94.99 acre tract or parcel of land, lying and being situated in
the ROBERT STEVENSON SURVEY, Abstract No. 54, College Station,
Brazos County, Texas, and consisting of the following tracts:
All of the called S,643 acre - Tract One described in the deed from Spring
Creek CS Development, Ltd. to College Station Marketplace, L.P., as
recorded in Volume 6647, page 207, Official Records of Brazos County,
Texas;
All of the called 84.77 acre (net) - Tract One and all of the called 4,65 acre -
Tract Three described in the deed from Timothy J. Crowley to College
Station Marketplace, L.P., as recorded in Volume 8274, page I11, Official
Records of Brazos County, Texas,
Said 94.99 acre tract being more particularly described as follows:
BEGINNING at the '/2" iron rod found marking the southeasterly east
corner of the beforenrentioned 84.77 acre tract, same being the south corner
of South Park Estates according to the plat recorded in Volume 795, Page
259, of the Official Records of Brazos County, Texas, and being in the
northwest right-of-way line of State Highway No, 40;
THENCE along the northwest right-of-way line of State Highway No. 40,
as follows:
S 48' 59' 02" W for a distance of 858,56 feet to angle point, a concrete
right-of-way marker bears S 480 4T W - 0.25 feet,
S 50' 47' 22" W for a distance of 974.50 feet to a concrete right-of-way
marker found, a 6" creosote post fence corner bears N 200 02' E - L5 feet,
S 53' 41' S4" W for a distance of 177.54 feet to a %2" iron rod found
marking the most southerly east corner of Arrington Road - 80' right-of-way
as shown on the Right-of-way Dedication Arrington Road and 80' Decatur
Brazos County Abstract Company
"More than 130 Years of Title Service"
Drive, according to the plat recorded in Volume 7800, Page 12, of the
Official Records of Brazos County, Texas, said %2" iron rod being the
beginning of a transition curve, concave to the north, having a radius of
30.00 feet;
THENCE along the east and northeast right-of-way line of Arrington Road,
as follows:
Westerly along said curve for an are length of 51.56 feet to a %2" iron rod
found marking the end of this transition curve, the chord bears N 77' 04'
10" W - 45.44 feet,
N 27' 50' 14" W for a distance of 449.67 feet to a Y? iron rod found
marking the beginning of a curve, concave to the east, having a radius of
733.54 feet,
Northerly along said curve for an arc length of 925,36 feet to a %2" iron rod
found marking the end of this curve, the chord bears N 08' 17' 59" E -
865.21 feet,
N 44' 26' 29" E for a distance of 324.06 feet to a %x" iron rod found
marking the beginning of a transition curve, (transitioning around a
turnabout), having a radius of 50.00 feet,
Northeasterly along said curve for an are length of 55.69 feet to a ''/2" iron
rod found marking the beginning of a compound curve, concave to the
south, having a radius of 300.00 feet, the chord beans N 76° 20' 5 1 " E -
52.85 feet,
Easterly along said curve for an arc length of 146.44 feet to a %2" iron rod
found marking the end of this curve, the chord beats S 57' 43' 26" E -
144.99 feet,
S 43' 44' 24" E for a distance of 20.00 feet to a''/2" iron rod found,
N 46' 15' 36" E for a distance of 65.00 feet to a %2" iron rod found marking
the most easterly corner of Arrington Road right-of-way,
N 43' 44' 24" W for a distance of 20.90 feet to a '/2" ton rod found
marking the beginning of a curve, concave to the southwest having a radius
of 437.00 feet,
Northwesterly along said curve, for an are length of 61.71 feet to a '/2" iron
rod found marking the beginning of a reverse curve, concave to the
northeast, having a radius of 84.00 feet, the chord bears the chord bears N
470 4748" W - 61.66 feet,
Northwesterly along said curve, for an are length of 85.90 feet to a %2' iron
rod found marking the beginning of a reverse curve, concave to the
southwest, having a radius of 91.00 feet, the chord bears N 22' 32' 52" W -
82.20 feet,
Northwesterly along said curve, for an are length of 122.76 feet to a %2" iron
rod found marking the beginning of a reverse curve, concave to the
northeast, having a radius of 384.00 feet, the chord bears N 31' 53' 58" W -
113.66 feet,
Northwesterly along said curve for an are length of 179,58 feet to a %2" iron
Brazos County Abstract Company
"More than 130 Years of Title Service"
rod found marking the end of this curve, the chord bears N 57' 08' 55" W -
177.94 feet,
N 43' 45' 05" W for a distance of 522,81 feet to a Y2" iron rod found,
N 44' 06' 42" W for a distance of 384.52 feet to a '/2" iron rod found
marking the beginning of a curve, concave to the northeast, having a radius
of 465.00 feet,
Northwesterly along said curve, for an are length of 102.91 feet to a Y2" iron
nod found marking the end of this curve, the chord bears N 37' 46' 18" W -
102.70 feet,
N 58' 34' 06" E for a distance of 8.72 feet to a '/�" iron nod found marking
the beginning of a curve, concave to the northeast, having a radius of
455.00 feet,
Northwesterly along said curve, for an arc length of 615.13 feet to a '/2" iron
rod found marking the end of this curve, the chord bears N 06' 24' 44" E -
569.34 feet,
N 45' 08' 31" E for a distance of 615.42 feet to a V2" iron rod set at a
transition curve to State Highway No. 6, concave to the south, having a
radius of 40.00 feet,
Northerly and Easterly along said transition curve for an are length of 61.11
feet to a Y2" iron rod set at the end of this curve in the southwest right-of-
way line of State Highway No. 6, the chord bears N 88' 54' 37" E - 55.34
feet;
THENCE along the southwest right-of-way line of State Highway No. 6
(right-of-way width varies), as follows:
S 47' 19' 17" E for a distance of 203.39 feet to a '/2" iron rod set for angle
point,
S 43' 01' 56" E for a distance of 200.56 feet to angle point from which a
concrete right-of-way marker found bears S 67109' 30" E - 0.35 feet;
S 471 19' 17" E for a distance of 800.00 feet to a Y2" iron rod set,
S 38' 33' 26" E for a distance of 1214.18 feet to angle point, from which a
concrete right-of-way marker bears N 19015' E - 0.3 feet,
S 43' 30' 26" E for a distance of 103.26 feet to a Y2" iron rod set at the
northerly east corner of the beforementioned 84.77 acre tract, same being
the north corner of Lot 1, of the beforementioned South Park Estates, Phase
One;
THENCE along the northwest and southwest lines of the beforementioned
South Park Estates, same being the easterly southeast and northeast lines of
the beforementioned 84,77 acre tract, as follows:
S 28' 59' 25" W for a distance of 370.00 feet to the west corner of Lot 2, an
8" creosote post fence corner bears N 220 40' E - 1.0 feet,
S 60° 58' 37" E for a distance of 138.71 feet to the PLACE OF
BEGINNING, containing 94.99 acres of land, more or less.
Brazos County Abstract Company
"More than 130 Years of Title Service"
SAVE AND EXCEPT all that certain 16.29 acres, aka Lots 12, 13A and
13C, Block 3, Tower Point Subdivision, Phase 3, according to plat recorded
in Volume 9497, page 120, Official Records of Brazos County, Texas,
conveyed to HEB Grocery Company, LP, by Special Warranty Deed dated
February 10, 2010, recorded in Volume 9497, page 173, Official Records of
Brazos County, Texas,
FURTHER SAVE AND EXCEPT all that certain 1.28 acres, aka Lot 14,
Block 3, Tower Point Subdivision, Phase 4, according to plat recorded in
Volume 9699, page 156, Official Records of Brazos County, Texas,
conveyed to Santa Paula Towrihouses, LLC by Special Warranty Deed
dated September 29, 2010, recorded in Volume 9847, page 200, Official
Records of Brazos County, Texas.
FURTHER SAVE AND EXCEPT all that certain 1,68 acres, aka Lot 28,
Block 3, Tower Point Subdivision, Phase 3, according to vacating plat
recorded in Volume 9699, page 155, Official Records of Brazos County,
Texas, conveyed to CSMP Phase 3/Lot 28, LLC by Deed dated December
23, 2010, recorded in Volume 9999, page 184, Official Records of Brazos
County, Texas.
FURTHER SAVE AND EXCEPT all that certain 2.14 acres, aka Lots 15
and 18, Block 3, Tower Point Subdivision, Phase 8A, according to the plat
recorded in Volume 10042, page 214, Official Records of Brazos County,
Texas.
FURTHER SAVE AND EXCEPT all that certain 2.96 acres, aka Lots 7
and 8, Block 3, Tower Point Subdivision, Please IIA, according to plat
recorded in Volume 10076, page 73, Official Records of Brazos County,
Texas,
FURTHER SAVE AND EXCEPT all that certain 7.36 acres, aka Lots 9,
10 and 11, Block 3, Tower Point Subdivision, Phase I IB, according to the
plat recorded in Volume 10212, page 226, Official Records of Brazos
County, Texas,
TRACT TWO;
Field notes of a 9.56 acre tract or parcel of land, lying and being situated in
the ROBERT STEVENSON SURVEY, Abstract No, 54, College Station,
Brazos Comity, Texas, and being all of the called 5.711 Acre - Tract 2 and
all of the called 3.838 acre - Tract 3 described in the deed from Spring
Creek CS Development, Ltd. to College Station Marketplace, L.P. as
recorded in Volume 6647, Page 207, of the Official Records of Brazos
County, Texas, and said 9.56 acre tract being more particularly described as
Brazos County Abstract Company
"More than 130 Years of Title Service"
follows:
BEGINNING at the ''/2" iron rod set at the west corner of the
beforementioned 3.838 acre tract, same being the north corner of the called
1.36 acre tract, described in Volume 8437, Page 03, of the Official Records
of Brazos County, Texas, and being in the southeast line of the K. S. Moss
Capital Corp - called 14,28 acre tract described in Volume 2763, Page 147,
of the Official Records of Brazos County, Texas;
THENCE N 430 45' 3 1 " E along the northwest line of the beforementioned
3.838 acre tract, partially adjacent to a fence, at a distance of 61.7 feet, pass
a 2" metal pipe post fence corner, continue on, at a distance of 223.2 feet,
pass a 2" metal pipe post fence corner, continue on, leaving said fence, at a
distance of 536.50 feet, pass a 5/8" iron rod found at a 2" iron pipe post
fence corner, continue on, for a total distance of 550.07 feet to a %2" iron rod
set at the north corner of the 3.838 acre tract, same being the east corner of
the 14.28 acre tract in the southwest right-of-way line of State Highway No.
6;
THENCE S 47' 19' 17" E along the southwest right-of-way line of State
Highway No. 6, (right-of-way width varies) partially adjacent to a fence, for
a distance of 697.99 feet to a'/2" iron rod set at the beginning of a transition
curve to Arrington Road, concave to the west, having a radius of 40.00 feet;
THENCE along the northwest right-of-way line of Arrington Road (80'
wide right-of-way, see Volume 7800, Page 12, of tine Official Records of
Brazos County, Texas), as follows:
Southeasterly and Southwesterly along said transition curve, for an arc
length of 64.55 feet to a lead plug and tack set in concrete sidewalk at the
end of this curve, the chord bears S O10 05' 23" E - 57.77 feet,
S 450 08' 3 1 " W for a distance of 554.71 feet to a lead plug and tack set in
concrete sidewalk at the south corner of the 5.711 acre tract, same being the
east corner of the beforementioned 1,36 acre tract;
THENCE along the southwest line of the beforementioned 5.711 acre and
3.838 acre tracts, same being the northeast line of the beforementioned 1.36
acre tract, as follows:
N 43' 04' 06" W for a distance of 422.44 feet to a %2" iron rod set,
N 43' 40' 05" E for a distance of 8,91 feet to a'/2" iron rod set,
N 46' 14' 41" W for a distance of 303.41 feet to the PLACE OF
BEGINNING, containing 9.56 acres of land, more or less.
Brazos County Abstract Company
"More than 130 Years of Title Service"
TITLE APPEARS TO BE VESTED IN:
COLLEGE STATION MARKETPLACE, L.P.
SUBJECT TO:
LIENS: A. Deed of Trust dated October 29, 2009, executed by College Station
MarketPlace, L.P. to Charles A, Ellison, Trustee, securing one note of even
date payable to Timothy J. Crowley, in the principal amount of
$2,000,000.00, recorded in Volume 9368, page 274, Official Records of
Brazos County, Texas. (5.643 acres out of Tract One)
Collateral Transfer of Note from Timothy J. Crowley to Lynn Goode, dated
October 19, 2009, but effective February 10, 2010, recorded in Volume
9497, page 98, Official Records of Brazos County, Texas.
B. Deed of Trust dated October 29, 2009, executed by College Station
MarketPlace, L.P. to Charles A. Ellison, Trustee, securing one note of even
date payable to Timothy J, Crowley, in the principal amount of
$2,000,000.00, recorded in Volume 9368, page 287, Official Records of
Brazos County, Texas. (5,711 acres and 3.838 acres - Tract Three)
Collateral Transfer of Note from Timothy J, Crowley to Lymi Goode, dated
October 19, 2009, but effective February 10, 2010, recorded in Volume
9497, page 105, Official Records of Brazos County, Texas.
C. 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. (73.14 acres - Tract
One)
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 Batik, in
the principal amount of $1,888,027.00, recorded in Volume 9785, page 50,
Official Records of Brazos County, Texas,
D. Deed of Trust, Security Agreement, Assignment of Rents and UCC
Financing Statement for Fixture Filing dated April 29, 2011, executed by
Brazos County Abstract Company
"More than 130 Years of Title Service"
College Station Marketplace, LY, to Ivan M. Olson, Trustee, securing one
note of even date payable to The Batik & Trust of Bryan/College Station, in
the principal amount of $2,100,000.00, recorded in Volume 10137, page 90,
Official Records of Brazos County, Texas. (5.44 and 9.56 acres — Tracts
One and Two)
E. Deed of Trust dated April 26, 2011, executed by College Station
Marketplace, L.P. to Charles A. Ellison, Trustee for the benefit of Timothy
J. Crowley, in the principal amount of $914,697.32, recorded in Volume
10139, page 73, Official Records of Brazos County, Texas. (5,57 and 9.56
acres — Tracts One and Two)
F. Deed of Trust, Security Agreement, Assignment of Rents and UCC
Financing Statement for Fixture Filing dated December 8, 2011, executed
by College Station Marketplace, L,P. to Ivan M. Olson, Trustee, securing
one note of even date payable to The Bank & Trust of Bryan/College
Station, in the principal amount of $1,100,000,00, recorded in Volume
10449, page 193, Official Records of Brazos County, Texas, (0.75 acres
out of Tract One)
Assignment of Rent, Income and Receipts from College Station
Marketplace, L.P. to The Bryan & Trust of Bryan/College Station, dated
December 8, 2011, recorded in Volume 10449, page 232, Official Records
of Brazos County, Texas.
Assigrnnent of Construction Contract, Agreements, Licenses and Permits
from College Station MarketPlace, L.P. to The Bank & Trust of
Bryan/College Station, December 8, 2011, recorded in Volume 10449, page
239, Official Records of Brazos County, Texas.
2. ABSTRACT OF JUDGMENT/FEDERAL AND/OR STATE LIENS:
NONE OF RECORD
3. EASEMENTS: Right -of -Way Easement from Ethel Cavitt et at to City of Bryan, dated
September 21, 1961, recorded in Volume 215, page 589, Deed Records of
Brazos County, Texas. (Tract One)
Right -of -Way Easement from Etlrel Cavitt Estate et ,It to Wellborn Water
Supply Corporation, dated August 11, 1982, recorded in Volume 531, page
722, Deed Records of Brazos County, Texas.
Right of Way Easement from Ethel Cavitt Estate et at to Producers Gas
Brazos County Abstract Company
"More than 130 Years of Title Service"
Company, dated July 22, 1981, recorded in Volume 534, page 84, Deed
Records of Brazos County, Texas. (Tract Two)
Utility Easement from United Four Joint Venture to City of College Station,
dated July 11, 1983, recorded in Volume 589, page 218, Official Records of
Brazos Comity, Texas. (Tracts One and Two)
Easement from United Four Joint Venture to City of College Station, dated
August 21, 1984, recorded in Volume 723, page 689, Official Records of
Brazos County, Texas. (Tracts One and Two)
Drainage Channel Easement granted in C/C Judgment styled The State of
Texas to United Four Joint Venture, dated October 24, 1989, recorded in
Volume 1153, page 137, Official Records of Brazos County, Texas, subject
to Partial Release of Easement recorded in Volume 10094, page 1, Official
Records of Brazos County, Texas. (Tract One)
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. (Tract One)
Pipeline Easement from Timothy J. Crowley to Ferguson Burleson County
Gas Gathering System, dated February 24, 1995, recorded in Volume 2491,
page 99, Official Records of Brazos County, Texas; and amended in
Supplemental Right -Of -Way Agreement dated March 10, 2004, recorded in
Volume 6040, page 98, Official Records of Brazos County, Texas,
Utility Easement from Timothy J. Crowley to City of College Station,
Texas, dated September 17, 2001, recorded in Volume 4328, page 164,
Official Records of Brazos County, Texas. (Tracts One and Two)
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. (Tract One)
Public Access and Utility Easement from Spring Creek CS Development,
Ltd. to City of College Station, Texas, dated March 3, 2003, recorded in
Volume 5247, page 82, Official Records of Brazos County, Texas. (Tracts
One and Two)
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, (Tract One)
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
Brazos County Abstract Company
"More than 130 Years of Title Service"
Volume 6881, page 64, Official Records of Brazos County, Texas. (Tract
One)
Designation of Property Participating in Regional Storm Water Detention
Pond, executed by Timothy J. Crowley, dated effective September 30, 2005,
recorded in Volume 7157, page 124, Official Records of Brazos County,
Texas.
Public Utility Easement from College Station Marketplace, L.P., to City of
College Station, Texas, dated May 30, 2007, recorded in Volume 8002,
page 249, Official Records of Brazos County, Texas. (Tract One)
Temporary Construction Easement from Timothy J. Crowley to City of
College Station, Texas, dated May 30, 2007, recorded in Volume 8002,
page 258, Official Records of Brazos County, Texas. (Tract One)
Drainage Easement from Timothy J. Crowley to City of College Station,
Texas, dated May 30, 2007, recorded in Volume 8002, page 266, Official
Records of Brazos County, Texas. (Tract One)
Slope Control Easement from Timothy J. Crowley to City of College
Station, Texas, dated May 30, 2007, recorded in Volume 8002, page 273,
Official Records of Brazos County, Texas. (Tract One)
Public Utility Easement from Timothy J. Crowley to City of College
Station, Texas, dated May 30, 2007, recorded in Volume 8002, page 289,
Official Records of Brazos County, Texas. (Tract One)
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. (47.29
acres out of Tract One)
Temporary Blanket Access Easement from College Station MarketPlace,
L.P., to City of College Station, Texas, dated January 5, 2010, recorded in
Volume 9497, page 86, Official Records of Brazos County, Texas. (22,59
acres out of Tract One)
Public Utility Easement from College Station MarketPlace, L.P. to City of
College Station, Texas, dated November 24, 2010, recorded in Volume
9928, page 140, Official Records of Brazos County, Texas. (Tract One)
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.
(Tract One)
Brazos County Abstract Company
"More than 130 Years of Title Service"
Public Utility Easement from College Station MarketPlace, L.P. to City of
College Station, Texas, dated April 26, 2011, recorded in Volume 10157,
page 152, Official Records of Brazos County, Texas. (Tract One)
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. (Tract One)
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. Title to this reservation has
not been traced subsequent to the date of the above -cited instrument.
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 Spring Creek CS
Development, Ltd., dated January 24, 2002, recorded in Volume 4712, page
260, Official Records of Brazos County, Texas. Title to this reservation has
not been traced subsequent to the date of the above -cited instrument.
(5.643 and 5.711 acre tracts)
Mineral reservation in Deed from Timothy J. Crowley to College Station
Marketplace, L.P., dated October 3, 2007, recorded in Volume 8274, page
111, Official Records of Brazos County, Texas. Title to this reservation has
not been traced subsequent to the date of the above -cited instrument,
(84.77, 5.96 and 4.65 acre tracts)
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
Brazos County Abstract Company
"More than 130 Years of Title Service"
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, Official
Records of Brazos County, Texas; subject to terms and conditions of
Agreement of Lessor regarding Oil and Gas Lease dated February 9, 2010,
recorded in Volume 9497, page 255, 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 180 (All Tracts),
Volume 9497, page 198 and corrected in Volume 9530, page 98, (Tract
One), Volume 9766, page 149, (Tract One) Volume 10036, page 24 (All
Tracts), Volume 10141, page 15 (Tract One) and Volume 10329, page 215,
(All Tracts) Official Records of Brazos County, Texas.
7. MISCELLANEOUS:
Terms and conditions as set forth in the Declaration of Covenants,
Conditions and Restrictions by and between HEB Grocery Company, LP,
College Station MarketPlace, L.P. and CSMP Phase 1/Lot 2, LLC, dated
February 10, 2010, recorded in Volume 9497, page 180, Official Records of
Brazos County, Texas.
Terms and conditions as set forth in the 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. (Tract One)
Terms and conditions as set forth in the Memorandum and Agreement
concerning Exclusivity Provision by and between College Station
MarketPlace, L.P„ Santa Paula Townhouses, LLC and JPMorgan Chase
Bank, dated November 5, 2010, recorded in Volume 9941, page 240,
Official Records of Brazos County, Texas. (Tract One)
Terms and conditions as set forth in the Declaration of Supplemental
Easement, 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. (Tracts One and Two)
Terms and conditions as set forth in the Limited Restrictive Covenants
Agreement by and between College Station MarketPlace, LY, and New
Brazos County Abstract Company
"More than 130 Years of Title Service"
Cingular Wireless PCS, LLL, d/b/a AT&T Mobility, dated April 16, 2011,
recorded in Volume 10141, page 15, Official Records of Brazos County,
Texas. (Tract Two)
Terms and conditions as set forth in the Declaration of Covenants and
Restrictions executed by College Station MarketPlace, L.P., dated
September 2, 2011, recorded in Volume 10329, page 215, Official Records
of Brazos County, Texas. (Tracts One and Two)
Terms and conditions as set forth in the Covenant Not to Compete executed
by College Station MarketPlace, L.P., dated October 19, 2011, recorded in
Volume 10424, page 104, Official Records of Brazos County, Texas.
(Tract One)
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 TIIE 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 ELLISON LAW FIRM. 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
..
BY: E-6EY27 t0
LISA KEMP