The URL can be used to link to this page

Home My WebLink About00073038Morris & Associates Engineers, Inc. 9520 Telge Road Houston, TX 77095 281/855 -6433 FAX 281/858 -4304 February 11, 2002 Development Services City of College Station TX Re: Lot 1, Block Two of L.O. Ball Memorial Subdivision, Phase II Proposed Eckerd Development The enclosed site plan has been designed based upon a plat vacation and final plat request that is in process with the city. Within the plat vacation is the permanent movement of the 30 public access easement that currently exists along the southeasterly side of the proposed Eckerd development. Our plat request has been placed on the 2/21/02 P &Z agenda with staff support for the movement of easement. While I realize that staff cannot formally approve the site plan until after the P &Z approval of the plat, I am requesting review and comments on the site plan prior to the 2/21/02 meeting inan effort to have final building and site plan submissions to the city on 2/25/02. Please feel free to contact me at 281 - 855 -6433 if you have additional questions. If possible, I would like to receive site plan comments from the city by February 18, 2002 Sincerely, Karen Buck Project Manager P:\Eckerd\3147 College Station (3956) \Letters\3147 site submission.doc 12/19/01 10:03 %Y979 764 3496 DEVELOPMENT SVCS 10001 * ACTIVITY REPORT TRANSMISSION OK TX /RX NO. 0506 CONNECTION TEL 3489 CONNECTION ID START TIME 12/19 10:02 USAGE TIME 00'46 PAGES 2 RESULT OK Jennifer Re - Eckerds Du Location _ Page 1 From: Jennifer Reeves To: Bridgette George Date: 12/20/01 4:01 PM Subject: Eckerds Dumpster Location Bridgette I faxed Pete the dumpster locations for Eckerds and Pete said he is going to need more room for his trucks to get to these dumpster pad sites. I called Karen Buck, the project manager and left a detailed message about Pete's concern. I left her our phone number and Pete's phone number so she can try and get this worked out. Thanks Jennifer CC: Pete Caler m i Morris & Associates Engineers, Inc 9520 Telge Road Houston, Texas 77095 281/855-6433 Fax: 281/858-4304 ()9- I)b LETTER OF TRANSMITTAL TO: Spencer Thompson City of College Station 1101 Texas Avenue College Station TX 77840 PHONE: 979- 7 -3570 WE ARE SENDING YOU THE FOLLOWING ITEMS: ® Prints ❑ Reproducibles ❑ Copies ❑ Letter ❑ Proposal ❑ ❑ Meeting Notes DATE: 4/5/02 M &A #: 3147A RE: 2- 500025 Eckerd 3956 — Longmire (cD_ Rock Prairie Utility revision ❑ Estimates ❑ Specifications ❑ Shop Drawings ❑ VIA: ❑ Mail ❑ Messenger ❑ Facsimile ❑ Federal Express ® Personal Delivery _ Pages To Follow Revised C0.1 (demolition plan) and C2.1 (utility plan) ® For Your Information & Comments ❑ As Per Your Request ❑ For Coordination Purpose ❑ For Your Files ❑ For Your Approval or Correction ❑ For Your Review ❑ For Field Use ❑ Submit Copies For Distribution ❑ Return Corrected Prints We have determined that the location of the existing 18" storm sewer located on the southwest corner of the site, must be rerouted. Location of the existing line is too close to building foundation footings. No inlet redesign is proposed. We will be draining into the existing inlet. Please call if you have any questions. Copies To: P: \Eckerd\3147 College Station (3956) \Letters\3147 City Transmittal Sheet 4- 5- 02.doc Signed: 1 B",ck TRANSMITTAL Date: 03/27/2002 Project: ECKERD 3956 - COLLEGE STATION, TEXAS From: Karen Buck MORRIS ASSOCIATES 9520 TELGE ROAD HOUSTON, TX 77095 281 - 855 -6433 To: Bridgette George City of College Station 1101 Texas Avenue College Station, TX 77842 979 - 764 -3744 Included: L1 -1, L2 -2, Remarks: Included are the following for site plan release: -- 1 complete set drawings for approval stamp. -- 1 additional copy L1.2 and L2.2 (landscape dwg) -- 4 additiona copies A8.2 (architectural plan) T'RA Date: 03/27/2002 Project: ECKERD 3956 - COLLEGE STATION, TEXAS From: Karen Buck MORRIS ASSOCIATES 9520 TELGE ROAD HOUSTON, TX 77095 281 - 855 -6433 To: Bridgette George City of College Station 1101 Texas Avenue College Station, TX 77842 979 - 764 -3744 Included: A -8 -2, Remarks: Included are the following for site plan release: -- 1 complete set drawings for approval stamp. -- 1 additional copy L1.2 and L2.2 (landscape dwg) -- 4 additiona copies A8.2 (architectural plan) TRANSMITTAL Date: 03/27/2002 Project: ECKERD 3956 - COLLEGE STATION, TEXAS From: Karen Buck MORRIS ASSOCIATES 9520 TELGE ROAD HOUSTON, TX 77095 281 - 855 -6433 To: Bridgette George City of College Station 1101 Texas Avenue College Station, TX 77842 979 - 764 -3744 Included: COVER, CVR- 2 ,CO- 1,C0- 2,C1- 1,C2- 1,C2- 2,C3 -1, C4- 1,C5- 1,C6- 1,SHEET 1 OF 1,L1- 1,L2- 2,F1 -0, A- 1- 1, A- 1- 2 ,A- 2- 1,A- 2- 2,A- 3- 2,A- 4- 1,A -4 -2, A- 4- 3, A- 4- 4 ,A- 4- 5,A- 4- 6,A- 5- 1,A- 6- 1,A -6 -2, A- 7- 1, A- 8- 1,A- 8- 2,A- 9- 1,A- 10- 1,A -11 -1, A- 12- 1, A- 13- 1,S- 1,S- 2,S- 3,S- 4,S- 4A,S- 5,S -6, S- 6A, S- 7, S- 7A, S- 8,S- 9,M- 1,M- 2,M- 3,P- 1,P- 2,P -3, E- 1- 0, E- 1- 1 ,E- 1- 2,E- 2- 0,E- 3- 2,E- 4- 0,E -5 -1, E- 5- 2, E- 5- 4 ,E- 5- 5,E- 5- 6,E- 6- 0,E- 7- 0,E -7 -1, E- 8- O,FP1 -0, Remarks: Included are the following for site plan release: -- 1 complete set drawings for approval stamp. -- 1 additional copy L1.2 and L2.2 (landscape dwg) -- 4 additiona copies A8.2 (architectural plan) (;5 - 7PrH Morris & Associates Engineers, Inc. 3 I b /OZ Ph 9520 Telge Road l Houston, TX 77095 281/855-6433 FAX 281/858-4304 March 8, 2002 Development Services 1101 Texas Ave. South College Station, TX 77842 Re: Eckerd #3956 @ Longmire— Site Plan review comments 2- 500025 Planning 1. No portion of the subject site is located within the 100 year special flood hazard area according to the most recent official insurance rate map, dated 02 -09 -2000, map number 48041CO205 D, zone "X", promulgated by the administrator of the Department of Housing and Urban Development of the United States. This note is shown on C3.1, Site Grading Plan 2. The existing 30' -0" Public Access Easement along the Southeast edge of the site will be used for a fire lane. A 24' -0" path through the parking lot will also be fire lane to allow access to the r& located fire hydrant. This is shown on C 1. 1, Site Plan. 6" concrete paving (as required for fire lanes) is used for all new pavement in proposed parking area. The reinforcing has been changed from #3 to #4 to meet City of College Station requirements. See paving detail C5.1.1. 3. & 4. We will record as separate documents additional Public Utility Easements as required. Proposed easements are shown on all site plans— C1.1, C2.1 & C3.1. RPZ and fire department connection are located on East side of the building near the South comer. It is 81' -6" from the fire department connection to the nearest existing fire hydrant. Temporary blanket utility easement included. 5. Dumpster enclosure detail 13 on A8.2, Standard Details has been corrected to show 8' -0" CMU wall. The 8' -0" height is also noted on C1.1, Site Plan. 6. Landscape issues are addressed by Wong & Associates, Inc., landscape architect. A revised landscape plan with more clear labels and legend is provided which includes requirements and calculations. Planting calculations included on L1.1. 7. Tree Protection Fences and detail are shown on CO. 1, Existing conditions, E/S Control and Demolition Plan. 8. The Live Oak trees have been moved to 35' o.c. This separation is now called out on LL 1. 9. The existing trees were planted as part of this development and intendedto be used to reach the landscape requirements for the shopping center. Trees located outside of the property line along Rock Prairie will be relocated, as necessary, to within the property lines. 10. Signs will be permitted separately. Engineering 1. We will record as separate documents additional Public Utility Easements as required. Proposed easements are shown on all site plans— C1.1, C2.1 & C3.1. Temporary blanket easement included. 2. Water Meter has been moved to be located within the existing Public Utility Easement. The irrigation meter will be located within an existing PUE. The irrigation meter is now shown on C2.1, Site Utility Plan. 3. Plan and profile sheet is provided for new water line at relocated fire hydrant and new water line for fire sprinklers. See new sheet C2.2, Plan/Profile Proposed 6" F.H. Lead 6" W.L. Line. 4. Water and sewer demands are 3.16 EDU. Irrigation meter and backflow device are shown on C2.1, Site Utility Plan. 5. Note 9 on C2.1, Site Utility Plan, has been corrected. 6. The new storm sewer inlet now shows note 10 (connect to existing storm sewer) on C2.1, Site Utility Plan. Also, flow lines for the two new inlets in this area have been corrected. P:\Eckerd\3147 College Station (3956)\Letters\3147 respond to city commments.doc 7. The contour intervals are 0.5' so that contour should be at elevation 305.5. This has been corrected on C3.1, Site Grading Plan. Electrical 1. All comments cleared informally with Ronnie Bolin. Developer will install conduit as required. 2. Developer will install conduit for riser poles as required. 3. Existing transformer will be used. 4. Developer will install pull boxes if they are required. 5. New plat and site plan have been sent to Ronnie Bolin via email. 6. Facility designed for 277/480 volt service. 7. Temporary blanket easement included. 8. Developer will provide electrical easements as required. Easements will be recorded as separate documents. Miscellaneous 1. Landscape issues (including irrigation) are addressed by Wong & Associates, Inc., Landscape Architects. Irrigation system will be installed per city ordinance. 2. This note has been added as #17 on C2.1, Site Utility Plan. Other Changes: CO.1 One 2" elm along Longmire Drive may have to be relocated a few feet west because it is too close the proposed curb. C0.2 Overall site development plan shows parking spaces relocated as a result of the drive modification. C.1.1 The left turn lane going from the parking area to Rock Prairie Drive has been removed. There is a raised median on that street, so no left turn is possible. C4.1. Detail 4.1.7, Wheel Stop has been removed because it is not required. Detail 4.1.11, striping for 90° parking, no longer shows wheel stops. C5.1 The no right turn sign has been removed form detail C5.1.5 because it is not required on this site. C6.1 Trench and bedding detail has been changed. Sand will be allowed for bedding, and the unused detail for concrete pipes has been removed. Sincerely, CatherineiGilliland, E.I.T. P:\Eckerd`3147 College Station (3956) \Letters\3147 respond to city commments.doc EASEMENT DEDICATION SHEET (To be filled in and submitted with construction plans and specifications for preliminary review) REQUESTING DEPARTMENT INFORMATION REQUESTED BY: L 1 �(� rl C_Gt_� I \Dr1n e - R6 I t I') EXT. (City Department and Name of Person to Contact) ACCOUNT NO. PROJECT NO. Q — 5_60 2 (For ordering title work, appraisals, etc.) TYPE OF EASEMENT: Public utilities(PUE) Temporary Blanket PUE (error to building permig SPECIAL INSTRUCTIONS: REVIEW AND APPROVAL REQUIRED /GIVEN BY THE FOLLOWING DEPARTMENTS: Approval Required By: Electric Approval Given By: Electric Water/WW (please initial) Water/WW Asst. City Engineer. Asst. City Engineer METES & BOUNDS DESCRIPTION CHECKED FOR CLOSURE BY: APPLICANT INFORMATION PROPERTY OWNER(S): I rus, +_ 1 . 1 ADDRESS: - 8g D I B SI IQ i rt B 1 Vd • PHONE NUMBER: 7 (3 --to6 44l +TO U- =+Un M 17 o a � ALL LENDERS: (Names and esses IF OWNER IS A CORPORATION, PARTNERSHIP, OR JOINT VENTURE: 1. State of Incorporation/Registration �a� 2. Partners' Names (if applicable) 3. Person Authorized to Sign Mun t I/- F ame anct Tiue7 LEGAL DEPARTMENT MUST BE PROVIDED WITH THE FOLLOWING: 1. A copy of a recent (within 90 days) deed or title insurance policy showing the names of the grantors/owners 2. For unplatted property, a signed, sealed and dated metes and bounds description and a diagram of the property showing the location of the easement. 2. For platted property, a copy of the plat showing the lot, block, subdivision, and recording information. 3. For blanket easements, a signed, sealed and dated metes and bounds description and a diagram of the property. 5. Corporate or partnership owners must furnish a copy of a corporate resolution or other proof of authority to sign on behalf of the corporation, partnership, or joint venture. E. Name, address and phone number of person who is to receive the easement and be responsible for getting it executed. Any land acquisition resulting from Capital Improvement Projects requires a meeting wrth the Legal Department bglp:lgrouptlegalleasement infolesmtinfosheet. doc 8101/00 ",9R -06 -02 WED 09 :37 AM CA EXEC /REDEV FAX N0. 3 + ++ P. 03 COMMITMENT SCHEDULE A EFFECTIVE DATE: December 5, 2001, 08.00 A.M. Commitment # :01 182704 GF NO,: 01- 182704 Z jbd- 08:00 A.M. 1. The policy or policies to be Issued are! (a) OWNER POLICY OF TITLE INSURANCE (Form T -1) (Not epplicWs for improved one -to- -four family residential m&I estate) Policy Amount; $0.00 PROPOSED INSURED_ (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE ONE-TO-FOUR FAMILY RESIDENCES (Form T -1R) Policy Amount: 40.00 PROPOSED INSURED: (c) MORTGAGEE POLICY OF TITLE IN$URANCE (Form T4) Policy Amount: 50.00 PROPOSED INSURED: Proposed Borrower: (d) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T -13) ` Binder Amount: $0.00 PROPOSED INSURED: Proposed Borrower: (e) OTI4FR Policy Amount: 00.00 PROPOSED INSURED: 2. The interest; in the land covered by this Commitment is: Fee Simple (As to Tract 1) Easement (Am to Tract 11) 3. Record title to the land on the Effective Date appears to be vested In: CenterAmerica Property Trust, L.P., a Delaware limited partnership 12 1 4. Legal Description of tend: 44-4 IX'a rc -4 -4 See Exhibit "A" attached heroto and made a part hereof. [ Vo l , 1q;-0 / ri m osw*r —%4- Tw" k—w ( — 7ro71 :21A • .4 ncbncggP t z o1 69 00 996 031111 ' 1 1dN All 4� 20 : b 1 8002 90 8UW MAR -06 -02 WED 09 :37 AM CA EXEC /REDEV FAX N0. 3 + ++ P. 04 ,�, ..... , K_ bGIC r rQ-- k " 4 M 7 E1BTT A TACT 1: Mutes and bounds desmipdon of all that =fain 12.55 a= teat[ or p mW of land, hriag and bang siumu d m ibe Robert S tevenson League, Abstract No. 54, College S udo& Brazos County, Texas, amd being a pardon out of that same 2750 acre Uaet conveyed from Fizat Amezi= Bank, SSB, st al, so Debmar Invemcns; ne , as desca'bod by deed recorded in VOLUhM 3146, PAGE 186 of the Official Rscozds of Brazos Canty, Texas, said 1255 ace tract being more puticuhrly de= as follow: r UQU.eM at a chiseled "e mark is Concrete, found ymmiem g the north corner of said 27.50 am liner and lying in the sourhrsst H& -o"V line ofRock Prairie RQad. Q S 32 12' 28" E - 326.70 fee to a %7 iron rod fowl naffing the south comer of Lot 1, Block One, L. 0. Ball MamoeW Subdivision, as depi wd by plat recorded in VOUD E 2aS5, PAGE Sl3 of said Official It=WL _ THENCE W 57 47' 34" B - 200.00 foci with The southeast line of said Lot 1 to aW" iron rod found for comer and in the xotuhwest sight-0f w $y line of Sacas StancigIMar No. 6. 3=CE S 32 12' E «455.41 fca with said rigs - o f - -wale line to s TerDOT standard eonerew right cf -vm moaum= found for akde poinL - "N S 42C 59' 35" E - 229.53 feet with said right -of way sine to z %i rod found for coma, Sad being the intemection with the sorrhwtst xi of wav line of Birmingham Drive_ ,moo S 56' 19' 13" W - 749.16 fus~t with said right- of -way lime to a'�" hoa rod set for beginning of a curve to the right. TH q CE in a aco�hwmaly dimcdon 47.13 fee= along the arc of said curve ( Curve dau: canal angle w 90 "00 ", radius - 30.00 felt, Wgemi - 30.00 fact, the chord bears N73- 40 W - 42A3 feet ) , to a %" ima rod set for end of said curve t and lying in the proposed northeast right -of- way line of Longmire Drive, v K-33 40'49" W- 86.62 feet with said proposed rift of-N$y line to a t" iron rod sec for beginning of a curve to the right • v JU, in a tsa*westaly direcdon 344,84 fcei along the arc of said con'r (Curve daze; ecumd angle - 28° 37` 47". radius - 490.00 feet, tangorst - 125,03 feet, the cbord beats N 19"A" 1' 56" W-243.31 feet ) . to a K" iron rod set for end of said curve. Pact r et E0' d OSPOSSS0 T Z 01 6501' 986 eaII I 1 ' l ' lum 1,1 i °l3a 1 d bj 20 o b T zoez 5.0 NUW MAR -06 -02 WED 09;37 AM CA EXEC /REDEV FAX N0. 3 + ++ P. 05 TIMNZ N 0S' 03' 00" W #317.0 feet with sdd proposed ri#a-of -vsf rwc m a'!" h m sod �Ta is a >vaatb•�j► datrsion ?.65.44 fact along tbs an of said ax" (Coevc dam; - awl m 0 c s 2r w 28", ! S60Ad fcM "m - 135.76 fad to cbwd beats 11118' 37 46" W -2am fm* to a t' b m tod ses fay end of said slave_ a 1sf 33' IT 28" W — 43.06 fact with said proposed A&-of-w" Fm w a 't" i= tad s+at fw begiamim: of a cw" m the 34k. is a wnbmsmdv dbtcd 4 47.13 fawn slong the =c of aid t rove (Cwft done: cc= aq& - 90' 00' DO . dos w 3 C Ar4 Ua,peat 30.00 feel, the cbmd tm:7 N 12' 4T 31 "E —4243 W , w t :6" fim red= fir cad of said mvc, and 1 ."� in the ta9b- of- Iw *McL- Prakie Rand. THENQ N S 4r 3" r E-- 316.48 feawins said 4&-of war Hu w the PI. IM QF I and a dating ims s: oriaad. Bads of Haastar. Tht mood =drwcstEm ofL.O. Ball Mc =wz 1 Svbd>rvWcm. called � " IT 2r Was depiced on the pla I!swA d m VOLU26M 2455, PAGE 313. . . i� fJ �r� been �v� reoll b 7 �P ►xii�al ��eri�`��'c -G�'�o n t a OR ��D qAA �a� � aoa Hof a, � � r � T*Sc&a with the ri=, tMe wad eD&= xo* �--�c, Lie.., in =a w fu sbxeci .A== AV=m=rw=dcd st Vejae 2553, Pw 294 Pw 293 =d Pap 303 t f Ihc Offid »prq=vx,cmib of Brim c=ry, TC= . r.p l.r2 NOTE; TM COWAM I O E CAI.Ct1t.A710N5ARL C IUOVZ A�C.E OR SQQA= b0' d 0.rV0S;9SS I Z 01 6S0V 936 631111 ' I.1dN AI I I3Q I d bA 60 o b 1 8002 S0 ZIbw MAR -06 -02 WED 09:37 AM CA EXEC /REDEV FAX N0. 3 + ++ P. 06 GF No. 01.182704 SCMEDULE g EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Poky Will not cover 1062, costs, aMrney's fees, and expenses resulfto from: 7. The following restrlcdve covenants of record Itamized below (We must sither Insert specific recording data or delete tfiis exception): deleted I'tern 2. r shortages in area , (_VLA ck �Tra - Z) 3. Homestead or community property or survivorship rights, if any, of any spou -e of any Insured. (Applies to the Owners Poky only.) 4. Any titles or rights assorted by anyone, including, but not limited to, persons, the public, Corporations governments or other entities, a, to tidelands, or lands comprising the shores or beds of navigable or perennIal rivers and streams, lakes, bays, gulfs or oceans, or b, to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, Or C. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e, to the area extending from the line of mean low tide to the line vegetation, or the right of access to that area or easement along and across the area. (Applies to Owner policy only.) 6. 7. , Standby fees, taxes and assessments by any taxing authority for the year 2001, and subsequent years, and subsequent taxes a0d assessments by any taxing authority for prior years due to change in land usege or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Sootion 11. 13, Texas Tax Code, or because of improvements not assessed for a previous tax year. r- i The terms and conditions of the d ments creating your interest in the lend. " 4.. %V ---1. prm' C.vnmWY1 nA b. TWO W~w l'�v 71*71 4 S0' d oSVO99901 Z 01 6S8b 986 QaII I I '1, Al I - 14G i A iA;l 60 : V T 2008 90 ;lUW KAR -06 -02 WED 09 :38 AM CA EXEC /REDEV FAX N0. 3 + ++ P. 07 Schedule B, Item 9 Exceptions ^ Rock Prairie GF No. 182704 a. Easements as shown on plat recorded In Volume 368x, Page 295 of MO Official Records of Brazos County, Texas. b. Easements and building []nos es shown on plat recorded In Volume 2555, Page 313 of the Official Records of Brazos County, Texas. c, Shared Access Easement executed by and between First National Bank of Bryan, Fast American Bank, Bryan, Texas, George Richard, Centred Bank of Garland land United Bankers Service Corp. dated June 9, 1995 and recorded M Volume 2653, Page 284, 43 and 302 of the Official Records of Brazos County, Texas. d. Easement from CenterAmerica Property Trust, L.P., a Delaware limited partnership to City of College Station dated August 3, 2000, recorded in Volume 3909, Page 159 of the official Records of Brazos County, Texas. (Tract 0 a, Basement from CenterAmeries Property Trust, L.P., a Delaware limited psrtnerahip to Gty of CoNege Station dated August 3, 2000, filed in Volume 3909, Page 164 of the Official Reoords of Bmzoe County, Texas. (Tract 1) f, Easement from CenterAmerics Property Trust, L.P., a Delaware limited p&drWattl0 to City of College Station dated August 3, 2000, filed In Volume 8909, Pepe 468 of the Official Records of Brazos County, Texas. (r1ract 1) g. This item is Intentionally deleted. h. Easement from Roy W. Kelly, of ux to City of Bryan dated September 25, 1908, filed in Volume 273, Page 97 of the Deed Records of Brazos County. Texas. (Tract II) i, Easement from First National Bank of Bryan to City of College Station dour May 9, 1997, tiled in Volume 2861. Page 83 of the Olfldal Records of Brazos County, Texas. (Tract 11) j. Easement from First National Bank of Bryan to City of College Station dated May 9, 1997, Ned In Volume 2861, Page 60 of the Official Records of Brazos County, Texas. (7ract II) k. Mineral Deed executed by Area Progress Corp. to W.D. Fitch, Trustee dated January 1, 1979, filed In Volume 437, Page 335 of the Deed Reoorde of Br=8 County, Texas. Title to sold Interest not checked subsequent to execution date. I. Mineral Reed executed by Area Progress Corp. to W.D. Fitch, Tmistee dated January 1, 1979. riled in Volume 437, Page 339 of the Deed Reoords of Brazos Courtly, Texas_ Title to said Interest not checked subsequent to execution date. m. Mineral Quitclaim Deed Executed by Central Bank to W.D_ Fitch, Trustee dated December 6,1994, filed In Volume 2257. Page 194 of the Official Records of Brazos County, - raxas. Tlda to said Interest not chocked subsequent to oxAaudon date. n. Minaret Quitdalm Deed Executed by Fedorel Deposit Insurance Corp. to W.D. Fitch, Trustee dated November 10, 1994, (Ned in Vok me 2243, Page 80 of the Official Records of Brazos County, Texas- Title to said interest not checked subsequent to execution date. 4 9o' d OSbOS996I L of 690V 986 63 ' 7 s 1tiN Jul I - 13Q 13 8=1 C0 : V i 2002 S0 8UW MAR -06 -02 WED 09:38 AM CA EXEC /REDEV FAX N0. 3 + ++ P. 08 Schedule 5. item 9 Exceptions - Rock Prairie GF N0. 182704 o. Mineral Quitclaim Deed executed by First American Bank to W.D. Fitch, Trustee dated September 4 1994, filed In Volume 2204, Page 71 of the Official Records of Brazos County, Texas_ Tide to said interest not checked subsequent to e:xecudon dote. P. Royalty Reservation in Peed from PA t_ongrnir% et ux to Roy w. Kelly. et ux, daied May 25, 1961, recorded in Volume 211, Page 615 of the Deed Records of Brazos County, Texas. Tide to said interest not checked subsequent to execution date. q. Waiver of surface Use executed from W.D. Fitch. Trustee to the Public dated August 27, 1985, fled In Volume 821, Page 212 of the Official Records of Brazos Cow*, Texas. (Tract 1) r. &urfaoe wahws recorded in Volume 3146, Page 158,162, 166, 170, 174, 178 and 182 of the Official Records of Brazos County. Texas. a. Waiver of Surface Use from W.D. Fitch, Trustee. to J. Curtis Beard, Trustee dated Fdxuairy 10, 1004. reGaded in Volume 650, Page 153 of the Official Rexords of Brazos County. Texas. ('tract II) L Lease agreement with Kroger Company filed in Volume 3532, Pagge 238 of the Official Records of Brazos County, Texas', as amended In Subordination and Attomment Agreement recorded in Volume 3588, Page 87 of the Official P.mcords, Brazos County, Texas. U4 lease agrownent with Jack In the Box, Inc,, tiled in Volume 3812, Page 207 of the Oftlai Records of Brazos County, Texas. V. leasehold Deed of Trust dated July 24, 2000, filed for record in Volumes 3886, Page 115 of the Official Records of Brazos County, Texas, executed by Yves Duguay and Kathy Yves to Jay don Watson, Trustee, securing the payment of a Note in the principal sum of 5120.000.00. and other indebtedness as provided therein, payable to the order of First Federal Savings Bank. (fact I) w. ' Becurlty Interest granted to First Ameried Bank, S.S.g., Secured party, by Kimberly Montelongo, Debtor, as shown by Leassho(d Financing Statement (UCC -1) dolad zos October 18 , 2001, filed n Volume 4350, Page 206 of the Official Records Of Bra N, This Item is iMentlonaliy deleted. Y- This item is intentionally deleted, z. This Item Is intentionally deleted. OIL FUght4 of tangnts desulbod in the attached Exhibit - W (Rent Rolls) as tenants *ply under any recorded or unrecorded leeaes. bb. Right of entry or right or power of termination of the fec simple estate mfernsd to In Schedule A upon breach of the restrictive covenants and conditions contained in the instrument(3) and document($) described In Item 9u of schedule B. Company insures the Insured against toss, if any, sustained by the insured under this Polley by reason of the enforoement of said rights as to the land. Company agrees to provide defense to the Insured in accordance with the terms of the Policy if suit is brought to enforce said rights as to the land. 5 Z0' d 0Sb0S99614 01 6SBb 996 E3I1 I I ' '1,1VN Al I 3313 I J NJ 00: b i 200Z S0 bd14 MAR -06 -02 WED 09:38 AM CA EXEC /REDEV FAX N0. 3 + ++ P. 09 Schedule B, Item 9 Exceptions -- RocK Prairie Ct° No_ 182704 M Flights, if any, to purchase the property which could have been a terdeed at Date of Policy in connection With this transaction by any tenant in possession or optionee described in the attached Exhibit A ("Rent Roll) pursuant to an option to purchase ttlsht of first refusal as set forth in said tenant's written lease agreement. Company insures the Insured against loss, if any, sustained by the Insured under this Policy by reason of the enformmant of said rights as to the land. Company earees to provide defense to the insured In accordance with the terns of the Policy If salt Is brought to enforce said rights as to the land dd. Rights In and to the land which create or cause loss or damage insured against under the tarns of the Policy which arise out of any matter known to the [if the insured is the Property Owner and the purchaser acquires 100% of the partnership In the Property Owner - Insured or arty of its direct or indirect owrtm] [if the property Is located In Texas and the purchaser Is oNy buying an interest in the Property owner -- Insured [Insured bang both the Property Owner and late purchasing entity, as their Interests may appear] or any of its dared or indirect owners. Including without limitation, (List all remaining and WON partners of Property Owner) ]prior to Date of Policy. Company insures the insured against leas, If arty, sustained by the Insured under this Policy by reason of the enbrcements of sold rights as to the land. Company agrees to provide defense to the Insured In accordance with the terms of this Policy if suit Is brought to onforca said rights as to the land. 00. Rights, If any, of any holder of an oil and gas or rhiraral Interest In the land insured herein to exercise any right to use the surface estate by physi*91Y damaging, partially or totally, permanent buildings on the land In order to explore or develop said oil and gas or mineral interests. Company insures the Insured against loss, If any, sustained by the insured under the terms of this Policy by reason of the enforcement of said rights as to the land. Company agrees to provide defense to the insured in accordance with the terms of this Policy If suit is brought against the Insured to enforce said rights as to the land. fl. Vendor's lien retained In instrument described in Item B 9 p of Schedule B. Fxzeptlon No. 9_ff is hereby deleted. Company provides insurance as to said lien in accordance with the terms of this Policy_ gg. Encroachment of building into utility e96MOAt granted to the City of College Station ¢ascribed In Item gd of Schedule B, as stxmn on that survey prepared by Preje&A & Company, Inc, dated January 9, 2002. Company Insures the insured against loss, If any, sustained by the insured under the terms of this Policy by reason of a final, non - appealable judgment of a court of competent jurisdiction that orders the removal of the building because It encroaches into said eas ement, Company agrees to provide defense to the Insured in accordanoe with the terms of this Policy if suit is brought against the insured to require the removal of this improvement because it encroaches as herein stated. sold 0Sh0S99C i L of 6S0t 996 C71 ' l , iUN Al I l3Q I J 2Id E0 : v 1 zeez S0 NUW MAR -06 -02 WED 09:39 AM CA EXEC /REDEV FAX N0. 3 + ++ P. 10 GF No. 01- 182704 SCHEDULE C Your policy will not cover loss, costs, attorney's fees, and expenses resulting from the following tequitements that wig appear as Exceptions in Schedule B of the Policy, unlasrt you dispose of these matters to our satisfaction, before the date the Policy is issued: T, Documents creating your title or Interest must be approVed by us, and must be signed, notarized and filed for record, 2 Satisfactory evidence must be provided that! no person occupying the land claims any interest In that land against the persons named in paragraph 3 of Schedule A, IL all standby fees, texas, assessments and charges against the property have bean paid, all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, subcontractors, laborers and suppliers have been Why paid, and that no mechanic's, laborer's or matadalmen's liens have attached to the properly, - there is legal right of access to and from the land. - (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3. You must pay the sailer or borrower the agreed amount for your property or interest. 4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed alter the effective date of this Commitment. 51 Deed of Trust dated August 12, 1999, filed for record in Volume 3584, Page 278 of the Official Records of Brazos County, Texas, executed by CenterAmed" Property Trust, L.P., a Delaware limited partnership to Robert K. Nordhaus, Trustee, securing the payment of a Note in the principal sum of $28,000,000.00, and o"r indebtedness as provided therein, payable to the order of First American Bank Texas, SSB, Pam' C& n 1wwwt for Title kwA4ws MY 7/!71 Said Note being additionally secured by Assignment of Leases and Rents dated August 12, 199, and filed for record in Volume 3584, Page 313 of the OfW81 Records of Brazos County, Texas. 81 Lien Claims July 1 7, 2000, by Austin Crone and Rigging, LLC clai irhg a lien on subject property against Krp r, or materials furnishodhabor performed for Im rov subject pro a amount of $42,998.65, filed for r my 17, 2000 in Volume 3873, Page 66 of a ffieial f Records of ounty Texas. �) . %x �►c�+�1+� bn en p� 6 6Q' d 0Sb0S990 T 4 O1 690b See C3 11 I 1 ' - 1 .1VN AI I I�RQ I S aA b0 : b 1 2002 S0 ?'UW MAR -06 -02 WED 09:39 AM CA EXEC /REDEV FAX N0. 3 + ++ P. 11 GP No. 01- 182704 7. Company requires verification from the office of the Secretary of State of TOXas that the Certificate of Untited Partnership for CenterAmeriica Property Trust, LP., a Delaware limited partnership Is properly filed, 8. Company requires a copy of the CanterAmerica Property Trust, L.P., a Delaware limited partnership partnership agreement to detarmine who has authority to act on behalf of the partnership (Additional requirements may be made upon review of same.) 70, Note to all Buyars, Sailers, Bor(owers, Lenders and all parties having a vested interest in the transaction covered by this Commitment. The following constitutes a MAJOR CHANGE In the procedures and regvirements for disbursement of funds by the Title Agent pursuant to this transaction: Effective August 1, 1988, tho State Board of Insuranoo has adopted Procedural Rule P -27 which will require that "Good Funds" be received and deposited before a Title Agent may disburse from its Trust Fund account. "Good Funds" is defined as; (1) Cash or Wire Transfers; (2) Certified funds, including certified checks and Cashiers checks; (3) Unoartifiad furids in amounts less than 01,500.00, Including cheeks, travelers checks, money orders and negotiable orders of withdrawal; provided multiple items shall not be used to avoid the $1,500,00 limitation; and (4) Uncertified funds in amounts of $1,500.00 or more, drafts, and any other item when col(acted by the Financial Institution. For the benefit of all parties, The Company has adopted a policy that uncertified funds, in the anwate, may not exceed the sum of 4500.00. Fidelity NvdowSl Title I Company J� ~ crazed Cbuntorsignature) C ountersigned Texas fmm' Cmaln7u" br'rk%Invamm Mov71171 7 0 'd 0Sb0999C 1 z 01 69017 956 631111 ' I / lUN !,l I'13Q I d ;1J b0 : b I 2002 S0 HUW