HomeMy WebLinkAbout10-00500049- 00074965rZl
Brazos County Abstract Company
"More than 130 Yeaa•s 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 February 23, 2010
for
FLLISON LAW FIRM
Attention: MR. CHUCK LLLISON
Brazos County Abstract Company
"More than 130 Years of Title Service"
EFFECTIVE DATE: February 18, 2010 at 8:00 a.m.
GF NO. 148761
PROPERTY DESCRIPTION:
Being the remainder of that certain 128.17 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
three 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 5.643 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 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
noilliwest 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 48° 43' 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 20° 02' E - 1.5 feet,
S 53° 41' 54" W for a distance of 177.54 feet to a '/2" iron rod found
Brazos County Abstract Company
"More than 130 Years of Title Set-vice"
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
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 beats N 77° 04'
10" W - 45.44 feet,
N 27° 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 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 ''/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 `/2" iron
rod found marking the beginning of a compound cove, concave to the
south, having a radius of 300.00 feet, the chord bears N 76° 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'/z" 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 t/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 arc 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
47° 47'48" 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 22° 32' 52" W -
82.20 feet,
Northwesterly along said cove, for an are 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 31° 53' 58" W -
113.66 feet,
Northwesterly along said curve for an arc length of 179.58 feet to a'/z" 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 %2" 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'/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 length of 615.13 feet to a '/z" 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 arc length of 61.11
feet to a '/2" iron rod set at the end of this curve in the southwest fight-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 beans N 19° 15'E - 0.3 feet,
S 43° 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 Service"
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 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.
SAVE AND EXCEPT all that certain 16.29 acres 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.
TRACT TWO:
Field notes of a 5.96 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 the 734.96 acre tract described in
the deed from Robert B. Waltman and wife, Linda C. Waltman to Timothy
J. Crowley, recorded in Volume 1415, Page 74, of the Official Records of
Brazos County, Texas, and said 5.96 acre tract being more particularly
described as follows:
COMMENCING at a'/z" iron rod found at the ell corner of Arrington Road
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 also
being the east corner of a State of Texas Conservation Easement - 38.064
acres, as described in Volume 3926, Page 104, of the Official Records of
Brazos County, Texas;
THENCE S 39° 40' 41" W along the northwest right-of-way line of
Arrington Road for a distance of 448.23 feet to a ''/z" iron rod found marking
a 10.09' offset in Arrington Road right-of-way and the PLACE OF
BEGINNING of this description;
THENCE along the west right-of-way line of Arrington Road - 80' right-of-
way, as follows:
S 48° 47' 19" E for a distance of 10.09 feet to a '/2" iron rod found
marking the beginning of a curve, concave to the east, having a radius of
813.54 feet,
Southerly along said curve for an are distance of 980.45 feet to a '/2" iron
rod found marking the end of this curve, the chord bears S 06° 41' 10" W -
922.18 feet,
Brazos County Abstract Company
"More than 130 Years of Title Service"
S 27° 50' 14" E for a distance of 463.58 feet to a '/2" iron rod found
marking the beginning of a transition curve, concave to the west, having a
radius of 30.00 feet,
Southerly along said transition curve, for arc distance of 45.28 feet to a %2"
iron rod found marking the end of this curve in the northwest right-of-way
line of State Highway No. 40, the chord bears S 15° 24' 07" W - 41.10 feet;
THENCE along the northwest right-of-way line of State Highway No. 40,
as follows:
S 58° 38' 28" W for a distance of 156.67 feet to a `/2" iron rod set,
S 63° 50' 14" W for a distance of 37.85 feet to a '/z" iron rod found
marking the southerly eastern corner of the beforementioned State of Texas
Conservation Easement;
THENCE along the east line of the beforementioned State of Texas
Conservation Easement, as follows:
N 41° 12' 31" W for a distance of 342.93 feet to a %2" iron rod found,
N 08° 21' 19" E for a distance of 333.74 feet to a'/2" iron rod found,
N 03° 46' 16" E for a distance of 334.39 feet to a ''/2" iron rod found,
N 13° 30'32" E for a distance of 82.48 feet to a `/2" iron rod found,
N 15° 34'58" W for a distance of 309.86 feet to a''/2" iron rod found,
N 60° 10' 05" W for a distance of 73.68 feet to a'/2" iron rod found,
N 06° 09' 38" E for a distance of 170.13 feet to a'/2" iron rod found,
N 49° 48' 39" E for a distance of 184.83 feet to a `/2" iron rod found,
S 50° 07' 30" E for a distance of 242.17 feet to (lie PLACE OF
BEGINNING, containing 5.96 acres of land, more or less.
SAVE AND EXCEPT that certain 1.52 acre tract (nka Lot 1, Block 4,
Tower Point Subdivision, Phase IA) conveyed to First Victoria National
Bank, by Special Warranty Deed dated April, 2009, recorded in Volume
9069, page 190, Official Records of Brazos Count),, Texas.
ALSO SAVE AND EXCEPT that certain 2.14 acre tract (nka Lot 2, Block
4, Tower Point Subdivision, Phase 113) conveyed to CSMP Phase 1/Lot 2,
LLC, by Special Warranty Deed dated October 14, 2009, but effective
October 19, 2009, recorded in Volume 9356, page 130, Official Records of
Brazos County, Texas.
TRACT THREE:
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 Abstract Company
"More than 130 Years of Title Service"
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
County, Texas, and said 9.56 acre tract being more particularly described as
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 43° 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 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 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 01° 05'23" E - 57.77 feet,
S 45° 08' 31" 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:
F- 'R
Brazos County Abstract Company
"More than 130 Years of Title Service"
N 43° 04'06" W for a distance of 422.44 feet to a'/s" 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.
TITLE APPEARS TO BE VESTED IN:
COLLEGE STATION MARKETPLACE, L.P.
SUBJECT TO:
LIENS: A. Deed of Trust dated April 8, 2005, executed by College Station
Marketplace, L.P. to Charles E. Ellison, Trustee, securing one note of even
date payable to Spring Creek CS Development, Ltd., in the principal
amount of $2,100,000.00, recorded in Volume 6647, page 214, Official
Records of Brazos County, Texas and as modified and extended by
instrument recorded in Volume 8274, page 163, Official Records of Brazos
County, Texas. (5.643, 5.711 and 3.838 acres out of Tracts One and Three)
Correction Transfer of Note and Lien from Spring Creek CS Development,
Ltd., to Timothy J. Crowley, dated May 30, 2006, recorded in Volume
7722, page 14, Official Records of Brazos County, Texas.
Collateral Assignment from Timothy J. Crowley to Citibank Texas, N.A.,
dated August 19, 2005, recorded in Volume 7134, page 279, Official
Records of Brazos County, Texas.
Collateral Assignment from Timothy J. Crowley to Citibank Texas, N.A.,
dated May 24, 2006, recorded in Volume 7512, page 68, Official Records
of Brazos County, Texas.
Collateral Assignment from Timothy J. Crowley to Citibank Texas, N.A.,
dated August 2, 2006, recorded in Volume 7512, page 79, Official Records
of Brazos County, Texas.
Cross-Collateral izat ion and Cross-Default Agreement by and between
Timothy J. Crowley et at to Citibank N.A., dated December 31, 2008,
recorded iii Volume 8921, page 72, Official Records of Brazos County,
Texas.
Collateral Assignment of Note and Lien from Timothy J. Crowley to
Citibank, N.A., dated December 31, 2008, recorded in Volume 9021, page
232, Official Records of Brazos County, Texas.
B. Deed of Trust with Security Agreement and Assigmnents dated
Brazos County Abstract Company
"More than 130 Years of Title Sewice"
October 3, 2007, executed by College Station Marketplace, L.P. to Mark A.
Mesec, Trustee, securing one note of even date payable to Citibank, N.A.,
in the principal amount of $8,050,000.00, recorded in Volume 8274, page
126, Official Records of Brazos County, Texas. (84.77, 5.96 and 4.65 acres
out of Tracts One and Two)
Partial Release of Lot 1, Block 4, Tower Point Subdivision, Phase IA,
recorded in Volume 9069, page 183, official Records of Brazos County,
Texas.
C. Deed of Trust dated October 3, 2007, 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 8274, page 147, Official Records of
Brazos County, Texas, and as modified and extended by instrument
recorded in Volume 9368, page 259, Official Records of Brazos County,
Texas. (84.77, 5.96 and 4.65 acres out of Tracts One and Two)
Partial Release of Lot 1, Block 4, Tower Point Subdivision, Phase IA,
recorded in Volume 9069, page 188, Official Records of Brazos County,
Texas.
Collateral Transfer of Note and Lien (Security Agreement) from Timothy J.
Crowley to Lynn Goode Crowley, dated January 2, 2009, but effective
October 1, 2008, recorded in Volume 8958, page 159, Official Records of
Brazos County, Texas.
Partial Release of Lot 1, Block 4, Tower Point Subdivision, Phase IA,
recorded in Volume 9069, page 181, Official Records of Brazos County,
Texas.
Partial Release of Lot 2, Block 4, Tower Point Subdivision, Phase I B,
recorded in Volume 9152, page 80, Official Records of Brazos County,
Texas.
Partial Release of Lien from Timothy J. Crowley to College Station
MarketPlace, L.P., dated October 29, 2009, recorded in Volume 9497, page
73, Official Records of Brazos County, Texas.
Partial Release from Lynn Goode to Timothy J. Crowley, dated January 15,
2010, recorded in Volume 9497, page 75, Official Records of Brazos
County, Texas.
D. Deed of Trust dated October 29, 2009, executed by College Station
MarketPlace, L.P. to Charles A. Ellison, Trustee, securing one note of even
r
Brazos County Abstract Company
"More than 130 Years of Title Service"
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.
E. 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 Lynn Goode, dated
October 19, 2009, but effective February 10, 2010, recorded in Volume
9497, page 105, Official Records of Brazos County, Texas.
2. ABSTRACT OF JUDGMENT/FEDERAL AND/OR STATE LIENS:
NONE OF RECORD
EASEMENTS: Easements as shown of record on plat of Tower Point Subdivision, Phase 2,
recorded in Volume 9368, page 78, Official Records of Brazos County,
Texas. (2.30 acres out of Tract Two)
Easements as shown of record on plat of Tower Point Subdivision, Phase 3,
recorded in Volume 9497, page 120, Official Records of Brazos County,
Texas. (1.60 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; Assignment 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;
Assigrnlient 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.
ANN&
Brazos County Abstract Company
"More than 130 Years of Title Service"
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 Three)
Right-of-Way Easement from Ethel Cavitt et al to City of Bryan, dated
September 21, 1961, recorded in Volume 215, page 589, Deed Records of
Brazos County, Texas. (Tracts One and Two)
Right of Way Easement from Dwayne L. Rhea 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 Three)
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 Volune 534, page 84, Deed
Records of Brazos County, Texas. (Tract Three)
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 Three)
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 Three)
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. (Tract
-99L
Brazos County Abstract Company
"More than 130 Years of Title Sen ice"
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 Three)
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. (Tracts One and Two)
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 Three)
Pipeline Valve Easement from Timothy J. Crowley to Seminole Pipeline
Co►npany, 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. (Tracts One and Two)
Utility Easement from Timothy J. Crowley to City of College Station,
Texas, dated December 18, 2003, recorded in Volume 5781, page 128,
Official Records of Brazos County, Texas, and Temporary Construction
Easement dated December 18, 2003, recorded in Volume 5781, page 133,
Official Records of Brazos County, Texas. (Tract Two)
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
N
Brazos County Abstract Company
"More than 130 Years of Title Service"
Volume 6881, page 64, Official Records of Brazos County, Texas. (Tracts
One and Two)
Public Utility Easement from Spring Creek CS Development, Ltd. to City
of College Station, Texas, dated May 16, 2005, recorded in Volume 6693,
page 290, Official Records of Brazos County, Texas. (3.838 acres - Tract
Three)
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. (Tracts One and Two)
Declaration of Easements executed by College Station MarketPlace, L.P.,
dated November 9, 2009, recorded in Volume 9392, page 76, Official
Records of Brazos County, Texas. (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)
F-1
Brazos County Abstract Company
"More than 130 Years of Title Service"
4. OUTSTANDING MINERALS AND/OR ROYALTIES:
Mineral reservation in Deed from Edith Cavitt Estate et al to United Four
Joint Venture, dated December 16, 1982, recorded in Volume 564, page
504, Deed Records of Brazos County, Texas. 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
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,
Brazos County Abstract Company
"More than 130 Years of Title Seiwice"
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 instnunlent.
b. RESTRICTIONS; Restrictive covenants recorded in Volume 9069, page 197, (Tract Two)
(Tract One) Volume 9497, page 180 (All Tracts) Volume 9497, page 198
and Volume 9375, page 122, (Tract One) Official Records of Brazos
County, Texas.
7. MISCELLANEOUS; Terms and conditions set forth in the Agreement Regarding Restrictive
Covenants by and between College Station Marketplace, L.P. and First
Victoria National Bank, dated April 23, 2009, recorded in Volume 9069,
page 197, Official Records of Brazos County, Texas. (Tract Two)
Terms and conditions as set forth in the Declaration of Covenants,
Conditions and Restrictions by College Station MarketPlace, L.P. dated
October 29, 2009, recorded in Volume 9375, page 122, Official Records of
Brazos County, Texas; subject to Collateral Assignment of Declarant Rights
dated October 30, 2009, recorded in Volume 9375, page 191, Official
Records of Brazos County, Texas. (Tract One)
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 IILot 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, 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 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.
0 0
Brazos County Abstract Company
"More than 130 Years of Title Sen ice"
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 LA II' 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: v c,
LISA KEMP