HomeMy WebLinkAbout10-00500242- 00075545Brazos 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
THE ELLISON LAW FIRM
Brazos County Abstract Company
"More than 125 Years of Title Service"
EFFECTIVE DATE: October 13, 2010 at 8 o'clock a.m.
PROPERTY DESCRIPTION:
Field notes of a 2.96 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 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 111, of the Official Records of Brazos County, Texas,
and said 2.96 acre tract being more particularly described as follows:
BEGINNING at an "X" set in concrete at the north corner of Lot 12, Block 3, Tower Point
Subdivision, Phase 3, according to the plat recorded in Volume 9497, Page 120, of the Official
Records of Brazos County, Texas, said "X" also lying in the southwest right -of -way line of State
Highway No. 6;
THENCE along the northwest line of the beforementioned Lot 12, Block 3, same being the
southeast line of a 40' wide private access and public utility easement as follows:
S 51' 26' 34" W for a distance of 182.22 feet to a %2" iron rod set at the beginning of a curve,
concave to the northwest, having a radius of 514.00 feet,
Southwesterly along said curve, for an arc distance of 93.91 feet to an "X" set in concrete at the
end of this curve, the chord bears S 56° 40' 37" W - 93.78 feet;
THENCE along the centerline of a proposed 28' wide private access and public utility easement,
as follows:
N 38° 42' 10" W for a distance of 331.22 feet to an "X" set in concrete at the beginning of a curve,
concave to the southwest, having a radius of 100.00 feet,
Northwesterly along said curve, for an are distance of 61.82 feet to an "X" set in concrete at the
end of this curve, the chord bears N 56° 24'50" W - 60.84 feet,
N 74° 07' 29" W for a distance of 16.84 feet to an "X" set in concrete in the centerline of a
proposed 40' wide private access and public utility easement, same being a curve, concave to the
southeast, having a radius of 326.00 feet;
THENCE along the centerline of a proposed 40' wide private and public utility easement, as
follows:
Northeasterly along said curve, for an arc distance of 204.48 feet to an "X" set in concrete at the
end of this curve, the chord bears N 33° 50'38" E - 201.14 feet,
N 5V 48' 46" E for a distance of 113.17 feet to a'' /z" iron rod set in the southwest right -of -way line
of the beforementioned State Highway No. 6;
Brazos County Abstract Company
"More than 125 Years of Title Service"
THENCE S 38 33' 26" E along the southwest right -of -way line of the beforementioned State
Highway No. 6, for a distance of 471.47 feet to (lie PLACE OF BEGINNING, containing 2.96
acres of land, more or less.
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 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. (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 $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
3. EASEMENTS:
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, Official Records of
Brazos County Abstract Company
"More than 125 Years of Title Service"
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 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.
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 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.
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 Le
Union Pacific Resources Compar
Volume 1205, page 135, Official
ratified in instruments recorded i
Volume 1220, pages 311, 313, 31
Official Records of Brazos County,
ise from Timothy J. Crowley, et al to
y, dated May 29, 1990, recorded in
Records of Brazos County, Texas; as
n Volume 1197, page 837 and 839;
i and 317 and Volume 1667, page 42,
Texas; and as arnended and extended in
Brazos County Abstract Company
"More than 125 Years of Title Service"
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,
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.
b. RESTRICTIONS: Restrictive covenants recorded in Volume 9497, page 198 and Volume
9530, page 98, Official Records of Brazos County, Texas.
TAXES: NO SEARCH MADE
8. MISCELLANEOUS:
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 and corrected in Volume 9530,
page 98, Official Records of Brazos County, Texas.
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 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
"More than 125 Years of Title Service"
BRAZOS COUNTY ABSTRACT COMPANY
BY; Ck(0,CJ
LISA KEMP