HomeMy WebLinkAboutTitle ReportBrazos County Abstract Company
"More than 125 Years of Title Service"
P.O. Box 4704 Phone: (979) 260-9728
Bryan, TX 77805-4704 Facsimile: (979) 779-7979
E-mail: bcac@bcactg.com
Title Report Prepared
for
ELLISON LAW FIRM
418 Tarrow
College Station, TX 77840-1822
Attention: MR. CHUCK ELLISON
Brazos County Abstract Company
"More than 125 Years of Title Service"
EFFECTIVE DATE: November 2, 2009 @ 8:00 o'clock A.M.
PROPERTY DESCRIPTION:
All that certain 17.66 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
a 17.83 acre tract described in the deed from Spring Creek CS Development, Ltd. to College Station
Marketplace, L.P, recorded in Volume 7188, Page 210, of the Official Records of Brazos County,
Texas, and said 17.66 acre tract being more particularly described as follows:
BEGINNING at the ''/2" iron rod set in the conunon line between the beforementioned 17.83 acre tract
and a 38.064 acre State of Texas Conservation easement described in Volume 3926, Page 104, of the
Official Records of Brazos County, Texas, the east corner of the said 17.83 acre tract bears N 42° 31'
10" E - 11.3 feet, the P. I. intersection of the said conservation easement, bears S 42° 31' 10" W -
0.84 feet, said iron rod also being in the southwest right-of-way line of Arrington Road according
to the Right-of-way Dedication of Arrington Road & 80' Wide Decatur Drive plat recorded in
Volume 7800, Page 12, of the Official Records of Brazos County, Texas;
THENCE along the conunon line between the beforementioned 17.83 acre tract and the 38.064 acre
tract, as follows:
S 42° 31' 10" W for a distance of 146.85 feet to a'/z" iron rod set,
S 32° 28' 32" W for a distance of 226.62 feet to a'/z" iron rod set,
S 23° 47'06" W for a distance of 156.94 feet to a'/z" iron rod set,
S 78° 18' 50" W for a distance of 208.00 feet to a ``/2" iron rod set,
S 45° 33'29" W for a distance of 419.89 feet to a iron rod set,
N 71 ° 16' 30" W for a distance of 60.31 feet to a ``/a" iron rod set,
N 59° 10' 53" W for a distance of 353.17 feet to a 1/2" iron rod set at the common corner between the
said 38.064 acre tract and a 22.089 acre - Tract Two described in the Deed to the City of College
Station, recorded in Volume 6974, page 241, Official Records of Brazos County, Texas;
THENCE along the cornmon line between the beforementioned 17.83 acre tract and the 22.089 acre
tract as follows:
N 17° 20'05" W for a distance of 24.61 feet to a 1/2" iron rod set,
S 89° 47' 23" W for a distance of 146.97 feet to a 5/8" iron rod found marking the conunon corner
between the said 17.83 acre tract and the south corner of Block 2, Spring Creek Gardens Subdivision
- Phase 3, according to the plat recorded in Volume 8547, page 273, Official Records of Brazos
County, Texas, said 5/8" iron rod also being in the northwest line of a 20' wide City of College
Station Sanitary Sewer Easement, recorded in Volume 4328, page 164, Official Records of Brazos
County, Texas;
Brazos County Abstract Company
"More than 125 Years of Title Service"
THENCE along the common line between the beforementioned 17.83 acre tract and Block 2, Spring
Creek Gardens, as follows:
N 54° 08' 06" E for a distance of 285.32 feet to a 5/8" iron rod found,
N 481 06' 48" E for a distance of 31.09 feet to a 5/8" iron rod found marking the east corner of Lot
24, Block 2,
N 371 39'23" W for a distance of 23.05 feet to a 5/8" iron rod found marking the south corner of Lot
1, Block 3, Spring Creek Gardens Subdivision - Phase 3;
THENCE along the common line between the beforementioned 17.83 acre tract and Block 3, Spring
Creek Gardens, as follows:
N 40° 56'26" E for a distance of 188.74 feet to a 1/2" iron rod set at the east corner of Lot 1, Block 3,
a chain link fence corner bears N 39° 25' 16" E - 13.3 feet,
N 47° 46' 03" W for a distance of 322.45 feet to a 1/2" iron rod set,
N 03° 46' 24" E for a distance of 71.89 feet (71.87 feet plat call) to a 1/2" iron rod set in a curve,
concave to the north, having a radius of 615.00 feet, same being the south right of way line of
Decatur Drive - 80' right of way, according to the beforementioned Right of Way Dedication of
Arrington Road & 80' wide Decatur Drive;
THENCE along the south right of way line of Decatur Drive - 80' right of way, as follows:
Easterly along said curve, for an arc distance of 315.39 feet to a 1/2" iron rod found marking the end
of this curve, the chord bears N 80° 15'03" E - 311.95 feet,
N 65° 33' 33" E for a distance of 554.18 feet to a 1/2" iron rod found marking the beginning of a
transition curve from Decatur Drive to Arrington Road, having a radius of 30.00 feet,
Easterly along said transition curve for an arc distance of 43.46 feet to a 1/2" iron rod set in a curve,
concave to the northeast, having a radius of 545.00 feet, the chard bears S 72° 56' 11" E - 39.76 feet,
Southeasterly along Arrington Road for an arc distance of 120.61 feet to a 1/2" iron rod found
marking the end of this curve, the chord bears S 37° 46' 18" E - 120.37 feet,
S 44° 06'42" E for a distance of 357.40 feet to the PLACE OF BEGINNING, containing 17.66 acres
of land, more or less.
TITLE APPEARS TO BE VESTED IN:
SSF INVESTMENTS, LLC
by Deed from College Station MarketPlace, L.P., dated October 30, 2009, recorded in Volume
9375, Page 138, Official Records of Brazos County, Texas.
Brazos County Abstract Company
"More than 125 Years of Title Service"
SUBJECT TO:
1. LIENS: A. Deed of Trust (with Security Agreement, Assignment of Rents and
Leases and Financing Statement) dated October 30, 2009, executed by SSF
Investments, Inc. to Mike D. McBerty, Trustee, securing one note of even
date payable to Commerce National Bank, a branch of Lubbock National
Bank, in the principal amount of $1,174,390.00, recorded in Volume 9375,
page 146, Official Records of Brazos County, Texas.
B. Deed of Trust dated October 30, 2009, executed by SSF Investments,
Inc. to Chuck Ellison, Trustee, securing one note of even date payable to
College Station MarketPlace, L.P., in the principal amount of $271,013.99,
recorded in Volume 9375, page 182, Official Records of Brazos County,
Texas.
Collateral Assignment of Note and Lien from College Station MarketPlace,
L.P. to Citibank, N.A., dated October 30, 2009, recorded in Volume 9375,
page 200, Official Records of Brazos County, Texas.
2. ABSTRACT OF JUDGMENT/FEDERAL AND/OR STATE LIENS:
NONE OF RECORD.
3. EASEMENTS:
Right-of-Way Easement from Ethel Cavitt et al to City of Bryan, dated September 21, 1961,
recorded in Volume 215, page 589, Deed Records of Brazos County, Texas.
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.
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.
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.
Public Utility Easement from Spring Creek CS Development, Ltd. to City of College Station,
Texas, dated May 30, 2007, recorded in Volume 8002, page 282, Official Records of Brazos
County, Texas.
Brazos County Abstract Company
"More than 125 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;
subject to terms and conditions of surface conveyance/waiver contained therein. 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, 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 June 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. OIL & GAS LEASES:
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 ill Volume 2514, page 332, Official Records of Brazos County,
Texas. Title to this lease has not been traced subsequent to the date of the above-cited instrument.
6. RESTRICTIONS:
Restrictive Covenants recorded in Volume 9375, page 122, Official Records of Brazos County,
Texas.
7. MISCELLANEOUS:
Collateral Assignment of Declarant Rights from College Station MarketPlace, L.P. to Citibank,
N.A., dated October 30, 2009, recorded in Volume 9375, page 191, Official Records of Brazos
County, Texas.
THIS TITLE REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING, EVIDENCED BY
Brazos County Abstract Company
"More than 125 Years of Title Service"
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 BRAZOS COUNTY ABSTRACT
COMPANY. 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
E VAN ETTEN