HomeMy WebLinkAboutAffidavit Claiming Mechanic's and Materlalman's Lien 0
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01071932 OR 9823 240
NOTICE: THIS IS NOT A LIEN. THIS IS ONLY AN AFFIDAVIT CLAIMING A LIEN.
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Affidavit Claiming Mechanic's and Materialman's Lien
Affrant, Ricky Palasota, on oath swears that the following statements are true and are within the
personal knowledge of Affant:
My name is Ricky Palasota. 1 am a partner of Brazos Valley Services and an individual.
(°Claimant" }. This affidavit is made to perfect a mechanic's and materialman's lien against the real
property described below:
1. Claimant has an unpaid claim in the amount of $795,960.02 ( "Claim Amount") for labor
and materials furnished on the construction of improvements generally known as the Wal -Mart
Supercenter Expansion, Store #1150 construction project The Claim Amount is, within my personal
knowledge, just and true, the same is due and unpaid, and all Just and lawful offsets, payments, and
credits have been allowed. The Claim Amount Is for labor and materials furnished and described below,
on which a systematic record has been kept.
2. The name and last known address of the owners or reputed owners ( "Owners") of the real .
property and improvements on which this claim is made are:
WaI -Mart Real Estate Business Trust
Attn: WaI -Mart Property Tax Dept
PO BOX 8050
Bentonville, AR, 72712 -8055
Wai -Mart TRS LLC
2001 SE 10 Street
Bentonville, AR 72716 -0550
Wal -Mart TRS LLC
350 N. St Paul St, Ste. 2900
Dallas, TX 75201 -4234 USA
Wal -Mart TRS LLC
702 SW 8th Street
Bentonville, AR 72716 -0215 USA
Wal -Mart Stores, Inc.
702 SW 8 Street, Dept 8687 #0555
Bentonville, AR, 72716 -0555
Wal -Mart Stores, Inc.
C/O CT Corporation System
360 North St. Paul St., Suite 2900
01071 OR 9523 241
Dallas, Texas, 75201
Wal -Mart College Station *1150
1815 Brothers Blvd.
College Station, Texas, 77845
•
Wal -Mart Stores Texas, LLC
Wal-Mart Property Tax Dept_
P, O, Box 8050
Bentonville, AR, 72712 -8055
3. The Claim Amount represents the unpaid contract price due Claimant, or, in the
alternative, is the reasonable value of the unpaid portion of Claimants labor and materials famished,
which are described below. •
4. Claimants labor and materials furnished for construction of improvements on the real
property described below are generally described as all dirtwork and water & waste utility work. Payment
of the Claim Amount is requested for work performed or materials furnished during each of the following
months: August 2009, September 2009, October 2009, November 2009, December 2009, January 2010,
February 2010, March 2010, Aprit 2010, May 2010, June 2010, and July 2010.
5. Claimant furnished the above- described labor and materials under a subcontract with
Emerson Construction Company, Inc., whose last known address Is:
Emerson Construction Company, Inc.
P.O. Box 1888
Temple, Texas 76503
Emerson Construction Company, Inc.
4502 Twin City Blvd. •
Temple, Texas 76502
6. The name and last known address of the original contractor on the above- referenced
project is:
Emerson Construction Company, Inc.
P.O. Box 1888
Temple, Texas 76503 •
Attn: Chuck Emerson, President
Emerson Construction Company, Inc.
4502 Twin City Blvd.
Temple, Texas 76502
Attn: Chuck Emerson, President
Attn: Chrisha L. Potter, Registered Agent
7. The legal descriptions of the real property improved by Claimants above - described labor
and materials are:
SOUTHWOOD PLAZA PH 2, BLOCK 15, LOT 4K, an addition located in the City of College Station,
Brazos County, Texas, more commonly known as BROTHERS BLVD, College Station, Texas, 77845.
SOUTHWOOD PLAZA PH 2, BLOCK •15, LOT 4D an addition located in the City of College Station,
Brazos County, Texas, more commonly known as LONGMIRE DR, College Station, Texas, 77845.
•
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•
SOUTHWOOD PLAZA PH 2, BLOCK 15, LOT 4E an addition located in the City of College Station,
Brazos County, Texas, more commonly known as LONGMIRE DR, College Station, Texas, 77845.
SOUTHWOOD PLAZA PH 2, BLOCK 15, LOT 4A an addition located in the City of College Station,
Brazos County, Texas, more commonly known as 2205 LONGMIRE DR, College Station, Texas, 77845.
SOUTHWOOD PLAZA PH 1, BLOCK 15, LOT 3, an addition located in the City of College Station, Brazos
County, Texas, more commonly known as 1815 BROTHERS BLVD, College Station, Texas, 77845.
SOUTHWOOD PLAZA PH 2, BLOCK 15, LOT 4J, an addition located in the City of College Station,
Brazos County, Texas, more commonly known as LONGMIRE DR, College Station, Texas, 77845.
That real property and improvements on it are sought to be charged with Claimant's lien.
8. Claimant claims a mechanic's and materiaiman's lien on the above - described real
property and improvements thereon to secure payment of its Claim Arnount In accordance with the Texas
Property Code_
9. Claimant's physical address is 6988 Raymond Stotzer Parkway, College Station, Texas,
77845. Claimant's mailing address Is P.O. Box 985, Bryan, Texas, 77806.
10. Claimant's notice of mechanic's Ilen was sent to Owner by United States certified mail,
return receipt requested, on the following date:
a September 14, 2010.
11. In compliance with the Texas Property Code, Claimant is sending one copy of this
affidavit to Owner at its last known address and also one copy to the above- referenced original contractor
at its last known address.
7 .... / 1 rif Nr ,
- icky Pa - •Y i •ividuaily, and as a partner in Brazos
VaNey Servi J
SUBSCRIBED AND SWORN TO before me on Mi►r 1 u , 2010, by Ricky Patasota,
individu =I , t • = : _ •.,, iu - ', = r-_ - Services. 1
� e K RISMIE L. GIESENSCHL
4 , • Notary Public, State d Texas -
My Commiftlon F.aptras - a . .....4 _. .s , , i
' � ��' Amory Or, 2012 Notary Public, State of Texas
PREPARED IN THE OFFICE OF:
Murphy & Brown, LLP
4030 State Hwy. 6 South, Suite 250
College Station, TX 77845
Tel: (979) 690 -0800
Fax: (979) 690 -0808
AFTER RECORDING RETURN TO: •
Murphy & Brown, LLP
4030 State Hwy. 6 South, Suite 250
College Station, TX 77845
Tel: (979) 690 -0800
Fax: (979) 690 -0808
I
. I
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010 71932 OR 9823 243
•
Filed for Record ins
BRAZOS COUNTY
On: Sea 14 :2010 at 11:35A
As a
Recardinss
Document Huebert 01071932
Amount 28.00
Receint Number - 39B193
891
Winstonia Davensort
STATE OF TEXAS COUNTY OF BRAZOS
trhe ete °Cettits that this instrument was
•:: , .-'fiiedran the'date apd time stared hereon b9 me
1 : ' , and Was duly recorded tn•thc volume and case
��
of the•, ficial Public records of:
t.:...,� ... �.......
BRAZOS
as stamped hereon bs me.
Sea 1412010
HONORABLE KAREN OCO1 ENr COUNTY CLERK
BRAZOS COUNTY
01071933 OR 9823 244
NOTICE: THIS IS NOT A LIEN. THIS IS ONLY AN AFFIDAVIT CLAIMING A LIEN.
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE
IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Affidavit Claiming Mechanic's and Materialman's Lien
Affiant, Ricky Palasota, on oath swears that the following statements are true and are within the
personal knowledge of Affiant:
My name is Ricky Palasota. 1 am a partner of R&R Resources and an individual. ( "Claimanr). This
affidavit is made to perfect a mechanic's and materialman's lien against the real property descrbed below:
1. Claimant has an unpaid claim in the amount of 581,720.41 ("Claim Amount ") for labor and
materials furnished on the construction of improvements generally known as the Wal -Mart Supercenter
Expansion, Store #1150 construction project. The Claim Amount is, within my personal knowledge, just and
true, the same is due and unpaid, and all Just and lawful offsets, payments, and credits have been allowed.
The Claim Amount is for labor and materials furnished and described below, on which a systematic record has
been kept.
2, The name and last known address of the owners or reputed owners ( "Owners") of the real
property and improvements on which this claim is made are:
Wal -Mart Real Estate Business Trust
Attn: Wal -Mart Property Tax Dept
PO BOX 8050
Bentonville, AR, 72712 -8055
Wal -Mart TRS LLC j
2001 SE 10 Street
Bentonville, AR 72716 -0550
Wal -Mart TRS LLC
350 N. St. Paul SL, Ste. 2900
Dallas, TX 75201 -4234 USA
Wal -Mart TRS LLC
702 SW 5th Street
Bentonville, AR 72716 -0215 USA
Wal -Mart Stores, Inc.
702 SW 8 Street, Dept 8687 #0555
Bentonville, AR, 72716-0555
Wal -Mart Stores, Inc.
CIO CT Corporation System
350 North St. Paul St., Suite 2900
Dallas, Texas, 75201
•
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Wal -Mart College Station #1150 01071933 OR 9823 245
1815 Brothers Blvd.
College Station, Texas, 77845
Wal -Mart Stores Texas, LLC
Wal -Mart Property Tax Dept_
P.O. Box 8050
Bentonville, AR, 72712 -8055 •
3. The Claim Amount represents the unpaid contract price due Claimant, or, In the alternative, is
the reasonable value of the unpaid portion of Claimant's labor and materials furnished, which are described
below,
4, Claimant's labor and materials furnished for construction of improvements an the real property
described below are generally described as materials, supplies, equipment, dirtwork, and dirt services as per
the agreement with Emerson Construction Company, Inc. Payment of the Claim Amount is requested for work
performed or materials furnished during each of the following months: October 2009, December 2009,
January 2010, February 2010, March 2010, April 2010, May 2010, June 2010, and July 2010.
5. Claimant furnished the above - described tabor and materials under a subcontract with
Emerson Construction Company, Inc., whose last known addresses are:
Emerson Construction Company, Inc.
P.O. Box 1888
Temple, Texas 76503
Emerson Construction Company, Inc.
4502 Twin City Blvd.
Temple, Texas 76502
6. The name and last known addresses of the original contractor on the above - referenced
project are:
Emerson Construction Company, Inc.
P.O. Box 1888
Temple, Texas 76503
Attn: Chuck Emerson, President
Emerson Construction Company, Inc.
4502 Twin City Blvd.
Temple, Texas 76502
Attn: Chuck Emerson, President
Attn: Chrisha L. Potter, Registered Agent
7. The legal descriptions of the real property improved by Claimant's above - described labor and
materials are:
SOUTHWOOD PLAZA PH 2, BLOCK 15, LOT 4K, an addition located in the City of College Station, Brazos
County, Texas, more commonly known as BROTHERS BLVD, College Station, Texas, 77845.
SOUTHWOOD PLAZA PH 2, BLOCK 15, LOT 4D an addition located in the City of College Station, Brazos
County, Texas, more commonly known as LONGMIRE DR, College Station, Texas, 77845.
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01071933 OR 9823 246
SOUTHWOOD PLAZA PH 2, BLOCK 15, LOT 4E an addition located In the City of College Station, Brazos
County, Texas, more commonly known as LONGMIRE DR, College Station, Texas, 77845.
SOUTHWOOD PLAZA PH 2, BLOCK 15, LOT 4A an addition located in the City of College Station, Brazos
County, Texas, more commonly known as 2205 LONGMIRE DR, College Station, Texas, 77845.
SOUTHWOOD PLAZA PH 1, BLOCK 15, LOT 3, an addition located in the City of College Station, Brazos
County, Texas, more commonly known as 1815 BROTHERS BLVD, College Station, Texas, 77845.
SOUTHWOOD PLAZA PH 2, BLOCK 15, LOT 4J, an addition located in the City of College Station, Brazos
County, Texas, more commonly known as LONGMIRE OR, College Station, Texas, 77845.
That real property and improvements on it are sought to be charged with Claimant's Tien.
8. Claimant claims a mechanic's and materialman's lien on the above - described real property
and Improvements thereon to secure payment of its Claim Amount In accordance with the Texas Property
Code.
9, Claimant's physical address is 6988 Raymond Stotzer Parkway, College Station, Texas,
77845. Claimants mailing address is P.O. Box 985, Bryan, Texas, 77806.
10. Claimant's notice of mechanic's hen was sent to Owner by United States certified mail, return
receipt requested, on the following date:
a. September 14, 2010.
11. In compliance with the Texas Property Code, Claimant is sending one copy of this affidavit to
Owner at its last known address and also one copy to the above - referenced original contractor at its last
known address.
Ricky alasota, rvidually and as a partner in R &R
Resources SUBSCRIBED AND SWORN TO before me on 9./4 , 2010, by Ricky Palasota, individually and
as a partner in R&R Resources.
61) /e-a li CQ—,
N tart' Public, State of Texas
PREPARED IN THE OFFICE OF:
Murphy & Brown, LLP
4030 State Hwy. 8 South, Suite 250 R sbeCCSAnn� Rico
College Station, TX 77845 . ; wN canm iseton Explots
Tel: (979) 690 -0800 # 12104/2ot2
Fax: (979) 690 -0808
AFTER RECORDING RETURN TO:
Murphy & Brown, LLP
4030 State Hwy. 6 South, Suite 250
College Station, TX 77845
TeL (979) 690 -0800
Fax. (979) 690.0808
Doc Bk Vol Ps
01071933 OR 4823 247
Films Record in
COUNTY
On' Sep 14i20tO at 11 :35A
As a
RCS
Docueent Number: 01071933
Amount 28.00
Receipt Number - 398193
By1
Yiastoeie Davenport
• STATE OF TEXAS COUNTY OF BRAZOS
I herds certify that this instrument was
• filed on the date and time stomped hereon bs me
and the Official duly e recorded in the volume
of:
and vase
BRAZOS COUNTY
as stamped hereon by me.
Seo 1412010
HONORABLE KAREN C0 EEN1 COUNTY CLERK