HomeMy WebLinkAbout10-00500208- 00075538Brazos County Abstract Company
"More than 125 Years of Title Service"
P.O. Box 4704 Phone: (979) 260-9728 418 Tarrow
Bryan, TX 77805-4704 Facsimile: (979) 779-7979 College Station, TX 77840-1822
E-mail: bcac@bcactg.com
Title Report Prepared
for
MR. CHUCK ELLISON
THE ELLISON LAW FIRM
302 HOLLEMAN DRIVE EAST, SUITE 76
COLLEGE STATION, TEXAS 77840
Brazos County Abstract Company
"More than 125 Years of Title Service"
EFFECTIVE DATE: September 13, 2010 at 8 o'clock a.m.
PROPERTY DESCRIPTION:
Being all that certain 1.17 acre and 0.94 acre tracts or parcels of land lying and
being situated in the ROBERT STEVENSON SURVEY, Abstract No. 54,
College Station, Brazos County, Texas, and being part of the 89.42 acre Tract
One, described in the Deed from Timothy J. Crowley to College Station
MarketPlace, L.P., recorded in Volume 8274, page 111, Official Records of
Brazos County, Texas.
TITLE APPEARS TO BE VESTED IN:
COLLEGE STATION MARKETPLACE, L.P.
By Special Warranty Deed with Vendor's Lien from Timothy J. Crowley dated October 3, 2007,
recorded in Volume 8274, page 111, Official Records of Brazos County, Texas.
SUBJECT TO:
LIENS: 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.
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 $8,888,027.00,
recorded in Volume 9785, page 50, Official Records of Brazos County, Texas.
2. ABSTRACT OF JUDGMENT/FEDERAL AND/OR STATE LIENS:
NONE OF RECORD
EASEMENTS:
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.
Brazos County Abstract Company
"More than 125 Years of Title Service"
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.
Right-of-Way Agreement from Timothy J. Crowley to Devon Gas Services, L.P., dated
April 12, 2004, recorded in Volume 6096, page 229, Official Records of Brazos County,
Texas; assigned to ETC Texas Pipeline, Ltd., in Volume 6881, page 64, Official Records
of Brazos County, Texas.
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 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.
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.
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. The surface and all executory leasing rights conveyed within. 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., 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.
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
Brazos County Abstract Company
"More than 125 Years of Title Service"
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. Title to this lease has not been traced subsequent to
the date of the above-cited instillment.
6. RESTRICTIONS; Restrictive covenants recorded in Volume 9375, page 122, Volume 9497, page
198 and Volume 9530, page 98, Official Records of Brazos County, Texas.
7. TAXES: NO SEARCH MADE
8. MISCELLANEOUS; 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. 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 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
Brazos County Abstract Company
"More than 125 Years of Title Service"
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:
LISA KEMP