HomeMy WebLinkAboutTitle Reporti
`r Brazos Comity 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) 731-1381 Bryan, Texas 77802
BCAC GF NO. BC1300945
Title Report Prepared 8/26/2013
for
Ellison Law Firm
Barbara Giesenschlag
P. O. Box 10103
College Station, Texas 77842
"Experience Matters"
razos UountyAbstract Company
"More Than 140 Yews of Title Service "
TITLE REPORT
Effective Date: August 22, 2013 at 8:00 am
GF NO: EC1300945
LEGAL DESCRIPTION:
TRACT ONE:
Field notes of a 1.92 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 part of
Lot 4 - 2.00 Acres, Block 3, Tower Point Subdivision, Phase 10A, according to the plat
recorded in Volume 10533, Page 45, of the Official Records of Brazos County, Texas, and
said 1.92 acre tract being more particularly described as follows:
BEGINNING at a %2" iron rod and cap found marking the common corner between the
beforementioned Lot 4, and Lot 5 - 0.75 acre, Block 3, Tower Point Subdivision, Phase I OA,
said %2" iron rod and cap lying in the southwest right-of-way line of State Highway No. 6;
THENCE S 420 40' 43" W for a distance of 248.50 feet and comer on a sanitary sewer
manhole lid, same being the common comer between Lot 4 and Lot 5 and in the northeast line
of a proposed Lot 3 - 2.08 acres, Block 3;
THENCE N 470 19' 17" W along a southwest line of the beforementioned Lot 4, for a
distance of 32.50 feet to an "X" found in concrete marking an ell comer of the said Lot 4;
THENCE S 420 40' 43" W along a southeast line of the beforementioned Lot 4, for a distance
of 68.50 feet to a %i ' iron rod and cap set for comer;
THENCE N 180 38' 23" W for a distance of 66.80 feet to a %2" iron rod and cap set;
THENCE N 220 34' 45" W for a distance of 177.30 feet to a Y2" iron rod and cap set;
THENCE N 150 46' 35" W for a distance of 25.15 feet to a %2" iron rod and cap found
marking the beginning of a curve, concave to the east, having a radius of 200.00 feet;
THENCE along the northwest and northeast lines of the beforementioned Lot 4, as follows:
Northerly along said curve, for an arc distance of 204.05 feet to a %z" iron rod and cap found
marking the end of this curve, the chord bears N 13127' 04" E - 195.31 feet,
N 42° 40' 43" E for a distance of 12.13 feet to a %2" iron rod and cap found in the southwest
line of a 15' wide City of College Station Public Utility Easement, Exhibit "A", recorded in
Volume 589, Page 218, of the Deed Records of Brazos County, Texas,
S 470 19' 17" E along the southwest line of the beforementioned 15' wide public utility
easement, for a distance of 32.42 feet to a %2" iron rod and cap found,
N 42' 40' 43" E crossing the beforementioned 15' wide public utility easement, for a distance
of 15.00 feet to a %2" iron rod and cap found marking a north comer of the said Lot 4, and 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 the beforementioned State
Highway No. 6, for a distance of 336.52 feet to the PLACE OF BEGINNING, containing
1.92 acres of land, more or less.
Field notes of a 28.76 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 I11, of the Official
Records of Brazos County, Texas, and said 28.76 acre tract being more particularly described
as follows:
BEGINNING at an "X" found in concrete marking the west corner of Lot 11, 3.919 acres,
Block 3, Tower Point Subdivision, Phase IIB, according to the plat recorded in Volume
10212, Page 226, of the Official Records of Brazos County, Texas, said "X" also lying in the
northeast right-of-way line of Arrington Road, according to the plat recorded in Volume 7800,
Page 12, of the Official Records of Brazos County, Texas, same being a curve, concave to the
southwest, along a turnabout, having a radius of 91.00 feet;
THENCE along the northeast and southeast right-of-way line of the beforementioned
Arrington Road, as follows:
Northwesterly along said curve, for an arc distance of 48.46 feet to an "X" set in concrete
marking the beginning of a reverse curve, concave to the northeast, having a radius of 384.00
feet, the chord bears N 55° 17' 23" W - 47.89 feet,
Northwesterly along said curve for an arc distance 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 Y2" iron rod found,
N 44° 06' 42" W for a distance of 384.52 feet to a'I/? 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 arc distance 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 arc distance 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' 3 1 " E for a distance of 56.92 feet to a %' iron rod found marking the common
comer between the beforementioned 89.42 acre tract, and Lot 1, 2.27 acres, Block 2, Tower
Point Subdivision, Phase 12, according to the plat recorded in Volume 10533, Page 46, of the
Official Records of Brazos County, Texas;
THENCE along the southwest and southeast lines of the beforementioned Tower Point
Subdivision, Phase 12, as follows:
S 40° 20' 30" E for a distance of 229.36 feet to a %2" iron rod and cap found marking the
beginning of a curve, concave to the north, having a radius of 110.00 feet,
Easterly along said curve, for an arc distance of 164.78 feet to a'/2" iron rod and cap found
marking the end of this curve, the chord bears S 83' 15' 23" E - 149.80 feet,
N 53' 49' 45" E for a distance of 130.87 feet to a %2" iron rod and cap found,
N 58° 11' 30" E for a distance of 119.40 feet to a'/2" iron rod and cap found,
N 61' 30' 38" E for a distance of 140.18 feet to a %2" iron rod and cap found,
N 60° 13' 43" E for a distance of 52.08 feet to a'/2" iron rod and cap found,
N 35° 35' 30" E for a distance of 62.95 feet to a %2" iron rod and cap found,
N 04' 05' 52" W for a distance of 43.63 feet to a %2" iron rod and cap found,
N 33' 37' 50" W for a distance of 37.05 feet to a %2" iron rod and cap found in the southwest
right-of-way line of State Highway No. 6 and at an east comer of Lot 4, 0.83 acre, Block 2,
Tower Point Subdivision, Phase 12;
THENCE along the southwest right-of-way line of State Highway No. 6, as follows:
S 43' 01' 56" E for a distance of 75.98 feet from which a concrete right-of-way marker found
bears S 670 09' E - 0.35 feet,
S 47' 19' 17" E for a distance of 244.80 feet to a %2" iron rod and cap found marking a north
corner of Lot 4, 2.00 acres, Block 3, Tower Point Subdivision, Phase IOA, according to the
plat recorded in Volume 10533, Page 45, of the Official Records of Brazos County, Texas;
THENCE along the northeast and northwest lines of the beforementioned Lot 4, Block 3,
Tower Point Subdivision, Phase 10A, as follows:
S 42' 40' 43" W for a distance of 15.00 feet to a %2" iron rod and cap found ,
N 471 19' 17" W for a distance of 32.42 feet to a''/2" iron rod and cap found marking the north
comer of Lot 4, Block 3,
S 42° 40' 43" W for a distance of 12.13 feet to a %2" iron rod and cap found marking the
beginning of a curve, concave to the east, having a radius of 200.00 feet,
Southerly along said curve, for an arc distance of 204.05 feet to a''/2" iron rod and cap found
marking the end of this curve, the chord bears S 13' 27' 04" W - 195.31 feet;
THENCE S 150 46' 35" E for a distance of 25,15 feet to a %2" iron rod and cap set;
THENCE S 220 34' 45" E for a distance of 177.30 feet to a'12" iron rod and cap set;
THENCE S 180 38' 23" E for a distance of 66.80 feet to a'l2" iron rod and cap set at a north
corner of proposed Lot 3, 2.08 acres, Block 3;
THENCE N 420 40' 43" E for a distance of 68.50 feet to an "X" found in concrete marking an
ell corner of the beforementioned Lot 4, Block 3;
THENCE along the southwest line of the beforementioned Tower Point Subdivision, Phase
10A, same being the centerline of a 40' wide private access easement, and public utility
easement, as follows:
S 47' 19' 17" E for a distance of 178.60 feet to an "X" found in concrete,
S 40' 14' 58" E for a distance of 242.36 feet to an "X" found in concrete, marking the
beginning of a curve, concave to the southeast, having a radius of 326.00 feet, same being the
south comer of Lot 6, 1.46 acres, Block 3, of the beforementioned Tower Point Subdivision
Phase 10A, and in the northwest line of Lot 7, 1.31 acres, Block 3, according to the plat of
Tower Point Subdivision, Phase l IA, recorded in Volume 10076, Page 73, of the Official
Records of Brazos County, Texas;
THENCE Southwesterly along said curve, for an are distance of 64.32 feet to an "X" found in
concrete marking the common comer between the beforementioned Lot 7, Block 3, and Lot 9,
1.787 acres, Block 3, according to the beforementioned Tower Point Subdivision, Phase 11B,
same being the beginning of a curve, concave to the northwest, having a radius of 825.00 feet,
the chord bears S 21 ° 28' 37" W - 64.22 feet;
THENCE along the northwest line of the beforementioned Tower Point Subdivision, Phase
I IB, same being the centerline of a 40' wide private access and public utility easement, as
follows:
Southwesterly along said curve, for an are distance of 421.96 feet to an "X" found in concrete,
marking the end of this curve, the chord bears S 300 28' 36" W - 417.37 feet,
S 45' 07' 45" W for a distance of 196.12 feet to an "X" found in concrete, marking the
beginning of a curve, concave to the southeast, having a radius of 215.00 feet,
Southwesterly along said curve, for an arc distance of 80.89 feet to an "X" found in concrete
marking the beginning of a reverse curve, concave to the northwest, having a radius of 255.00
feet, the chord bears S 340 21' 02" W - 80.41 feet,
Southwesterly along said curve, for an arc distance of 117.47 feet to an "X" found in concrete,
the chord bears S 36146' 09" W - 116.43 feet,
S 49' 57' 58" W for a distance of 2.22 feet to the PLACE OF BEGINNING, containing
28.76 acres of land, more or less.
NOTE: The Company is prohibited from insuring the area or quantity of the land described
herein. Any statement in the above legal description of the area or quantity of land is not a
representation that such area or quantity is correct, but is made only for informational and/or
identification purposes.
TITLE APPEARS TO BE VESTED IN:
COLLEGE STATION MARKETPLACE, L.P.
by Deed from Timothy J. Crowley dated October 3, 2007, recorded in Volume 8274, page
I 11, Official Records of Brazos County, Texas.
SUBJECT TO:
®70 &T
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. (73.14 acres)
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,
ABSTRACTS OF JUDGMENTS/FEDERAL AND/OR STATE LIENS:
None of Record
EASEMENTS:
Easements, or claims of easements, which are not recorded in the public records,
Easements as shown of record on plat of Tower Point Subdivision, Phase 10A, recorded in
,7 Volume 10533, page 45, Official Records of Brazos County, Texas.
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.
Utility Easement from United Four Joint Venture to City of College Station, dated July 11, 1983,
recorded in Volume 589, page 218, Deed Records, Brazos County, Texas.
Easement from United Four Joint Venture to City of College Station, dated August 21, 1984,
recorded in Volume 723, page 689, Official Records, Brazos County, Texas.
Easement granted in CIC 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.
/Utility Easement from Timothy J. Crowley to City of College Station, Texas, dated September 17,
2001, recorded in Volume 4328, page 164, Official Records, Brazos County, Texas.
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.
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.
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.
/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.
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.
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 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.
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, corrected in Volume 9530,
page 98, Official Records of Brazos County, Texas.
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, Brazos County,
Texas.
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, Brazos County,
Texas.
Public Utility Easement from College Station MarketPlace, L.P. to City of College Station, Texas,
dated January 19, 2011, recorded in Volume 10505, page 37, Official Records, Brazos County,
Texas.
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 College Station MarketPlace, L.P.,
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.
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 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 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.
RESTRICTIONS OF RECORD:
Restrictive covenants recorded in Volume 9497, page 198 and corrected in Volume 9530, page 98,
Volume 10036, page 24, Volume 10424, page 104 and Volume 11153, page 1, Official Records of
Brazos County, Texas.
TAXES/ASSESSMENTS:
NONE REQUESTED
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 198, Official Records of Brazos
County, Texas.
Terms, conditions and stipulations contained in Declaration of Supplemental Easements, Covenants
and Restrictions executed by College Station MarketPlace, LP, dated February 16, 2011, recorded in
Volume 10036, page 24, Official Records of Brazos County, Texas.
Maintenance charge as set forth in the Declaration of Supplemental Easements, Covenants and
Restrictions executed by College Station Marketplace, LP, dated February 16, 2011, recorded in
Volume 10036, page 24, Official Records of Brazos County, Texas.
Terms and conditions contained in Covenant Not to Compete executed by College Station
MarketPlace, L.P. and McDonald's USA, LLC, dated October 19, 2011, recorded in Volume 10424,
page 104, Official Records of Brazos County, Texas.
Terms and conditions contained in Detention Agreement by and between College Station MarketPlace,
L.P. and P&S Hospitality, LLC, dated January 16, 2013, recorded in Volume 11108, page 121,
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 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 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
I•,aa _�►,t�o
BY:
CERTIFICATE OF AUTHORITY
I, the undersigned, sole Director and President of CROWLEY DEVELOPMENT CORPORATION,
a Texas corporation (the "Corporation"), does hereby certify that (i) 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 dellnquent; 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; (ii)
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 (if!) that on the 21 st 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 (i) any and applications and requests related to the development of the
Property and (ff) 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 (if) 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
s
IN WITNESS WHEREOF, I have hereunto
Corporation effective the 21 st day of January, 2009,
a
THE STATE OF TEXAS §
by hand as the Sole Director of the
kPT. CROWLEY, Sole Director of
EY DEVELOPMENT CORPORA
Corporation
(ACKNOWLEDGMENT)
COUNTYOF%igig-.� §
This instrument was acknowledged before me on the,---,)d y of January, 2009, by TIMOTHY J.
CROWLEY, sole Director of CROWLEY DEVELOPMENT CORPORATION, a Texas Corporation, on
behalf of said Corporation.
efn; MARIA NORA VALERIO
Notary Public, State of Texas
My Commission Expires
h;;lll+ March 03, 2010
Notary Public, State of Texas
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;
(if) that the Company 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 (41) 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 (if) 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 (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, 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
B. DONNA FAULK _
?� w,e''• ^lo:ary Public, State of Texas EI ER, Manager of COLLEGE STATION
a; My Commission Expires ARKETP ACE, GP, LLC, a Texas limited liability
AU Ulf � company
THE STATE OF TEXAS § (ACKNOWLEDGMENT)
COUNTY OF HARRIS §
This instrument was acknowledged before me on the _4- day of January, 2009, by ANDY
WEINER, Manager of COLLEGE STATION MARKETPLACE, GP, LLC, Te as limited liability
company, on behalf of said company.
Notary Pubfic, State of Texas
1.01111051
THE STATE OF TEXAS
BRADLEY F. SCHLOSSER, N
STATION MARKETPLACE, GP,
liability company
(ACKNOWLEDGMENT)
r of COLLEGE
a Texas limited
COUNTY OF TRAVIS §
This instrument was acknowledged before me on the L3.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.
Notary Public, State of Texas
,'151r'W"'' LISA ROSE
Notary Public, State of Texas
- tl,.` My Commission Expires
°' ii�t March 08, 2009
u,a,•