HomeMy WebLinkAbout11-00500076- 00076703Brazos County Abstract Company
Mote 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
Mote than 125 Years of Title Service
EFFECTIVE DATE: April 18, 2010 at 8 a.m.
PROPERTY DESCRIPTION:
All that certain 7.36 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 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
7.36 acre tract being more particularly described as follows:
BEGINNING at an "X" set in concrete at the south corner of Lot 8 - 1.65 acres, Block 3, Tower
Point Subdivision, Phase 1 IA, according to the plat recorded in 10076, Page 73, of the Official
Records of Brazos County, Texas, said "X" also being in the northwest line of Lot 12 - 12.42
acres, 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 being in a curve,
concave to the northwest, having a radius of 514.00 feet;
THENCE along the northwest and west lines of the beforementioned Lot 12 - 12.42 acres, Block
3, and Lot 13C - 2.85 acres, 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, as follows:
Southwesterly along said curve, for an arc distance of 70.14 feet to a %2 iron rod found marking
the beginning of a reverse curve, concave to the southeast, having a radius of 443.00 feet, the
chord bears S 65° 49' 14" W - 70.09 feet,
Southwesterly along said reverse curve, for an arc distance of 683.18 feet to a %Z" iron rod found
marking the beginning of a reverse curve, concave to the west, having a radius of 414.00 feet, the
chord bears S 25 33'02" W - 617.46 feet,
Southerly along said reverse curve, for an arc distance of 165.25 feet, to a ''/2 iron rod found
marking the end of this curve, the chord bears S 07° 11'39" E - 164.16 feet,
S 04° 14'27" W for a distance of 53.00 feet to an "X" set in concrete at the southwest corner of the
said Lot 13C - 2.85 acres, said "X" also being in the north line of Lot 28 - 1.68 acres, Tower Point
Subdivision, Phase 3, according to the Replat filed in Volume 9699, Page 155, of the Official
Records of Brazos County, Texas;
THENCE along the north and northwest lines of the beforementioned Lot 28 - 1.68 acres, as
follows:
N 85° 45' 33" W for a distance of 79.05 feet to an "X" set in concrete at the beginning of a curve,
concave to the north, having a radius of 150.00 feet,
Brazos County Abstract Company
More than 125 Years of Title Service
Westerly along said curve, for an arc distance of 32.91 feet to an "X" set in concrete at the end of
this curve, the chord bears N 79 28'23" W - 32.85 feet,
S 45° 00' 48" W for a distance of 1 7.80 feet to an "X" set in concrete;
THENCE N 44 59' 12" W for a distance of 304.57 feet to an "X" set ill concrete in the southeast
terminus of Arington Road - 80' wide right -of -way according to the plat recorded in Volume
7800, Page 12, of the Official Records of Brazos County, Texas;
THENCE along the common line between the beforementioned Arrington Road - 80' wide right -
of -way, and the beforementioned 89.42 acre tract, as follows:
N 46° 15'36" E for a distance of 32.50 feet to a %" iron rod set,
N 43° 44' 24" W for a distance of 20.90 feet to a %2" iron rod set at the beginning of a curve,
concave to the southwest, having a radius of 437.00 feet,
Northwesterly along said curve, for an arc distance of 61.71 feet to a V" iron rod set at the
beginning of a reverse curve, concave to the northeast, having a radius of 84.00 feet, the chord
bears N 47° 47' 48" W - 61.66 feet,
Northwesterly along said curve, for an are distance of 85.90 feet to a %s" iron rod set at 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,
Northerly along said curve, for an arc distance of 74.30 feet to an "X" set in concrete in the
centerline of a proposed 40' wide private access easement and public utility easement, the chord
bears N 16° 38'36" W - 72.25 feet;
THENCE along the centerline of the proposed 40' wide access easement and public utility
easement as follows:
N 49° 57' 58" E for a distance of 2.22 feet to an "X" set in concrete, at the beginning of a curve,
concave to the northwest, having a radius of 255.00 feet,
Northeasterly along said curve, for all arc distance of 1 17.47 feet to an "X" set in concrete at the
beginning of a reverse curve, concave to the southeast, having a radius of 215.00 feet, the chord
bears N 36° 46' 09" E - 116.43 feet,
Northeasterly along said curve, for an arc distance of 80.89 feet, to an "X" set in concrete at the
end of this curve, the chord bears N 34° 21' 02" E - 80.41 feet,
N 45° 07'45" E for a distance of 161.75 feet to an "X" set in concrete at the beginning of a curve,
concave to the northwest, having a radius of 833.49 feet,
Brazos County Abstract Company
"More than 125 Years of Title Service
Northeasterly along said curve, for an arc distance of 456.69 feet to an "X" found in concrete
marking the end of this curve, and the west corner of Lot 7 - 1.31 acres, Block 3, Tower Point
Subdivision, Phase i IA, according to the plat recorded in Volume 10076, Page 73, of the Official
Records of Brazos County, Texas, the chord bears N 31° 34' 19" E - 451.00 feet;
THENCE along the centerline of a proposed 28' wide private access easement and public utility
easement, same being the southwest line of the beforementioned Block 3, Tower Point
Subdivision, Phase I IA, as follows:
S 74° 0729" E for a distance of 16.84 feet to an "X" found in concrete marking the beginning of a
curve, concave to the southwest, having a radius of 100.00 feet,
Southeasterly along said curve, for an are distance of 61.82 feet to an "X" found in concrete
marking the end of this curve, the chord bears S 56° 24' 50" E - 60.84 feet,
S 38° 42' 10" E for a distance of 331.22 feet to the PLACE OF BEGINNING, containing 7.36
acres of land, more or less.
TITLE APPEARS TO BE VESTED IN:
COLLEGE STATION MARKETPLACE, L.P., a Texas limited partnership
by Deed from Timothy J. Crowley dated October 3, 2007, recorded in Volume 8274, page I l 1,
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 $1,888,027.00, recorded in Volume 9785, page 50,
Official Records of Brazos County, Texas.
Brazos County Abstract Company
More than 125 Years of Title Service
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. App- qp \ita,� t t�&+ijc, I ri2
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. Wao v 1pora ed i n jv R1147 b aw
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.
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.
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.
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.
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.
Public Utility Easement from College Station MarketPlace, L.P. to City of
College Station, Texas, dated November 24, 2010, recorded in Volume
9928, page 140, 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
Brazos County Abstract Company
"More than 125 Years of Title Service"
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.
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,
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.
6. RESTRICTIONS: Restrictive covenants recorded in Volume 9497, page 198 and corrected in
Volume 9530, page 98 and Volume 10036, page 24, Official Records of
Brazos County, Texas.
7. TAXES: NO SEARCH MADE
1401
Brazos County Abstract Company
"More than 125 Years of Title Service"
8. MISCELLANEOUS: Terms and conditions as set forth in the Declaration of Easements,
Covenants, Conditions and Restrictions by and between HBB 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 and Volume 10036, page 24, 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
BY:
LISA KEMP