HomeMy WebLinkAboutAbstractor's Information Letter No. 2010 -01993
REIS
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9675 Camp Bowie West Fort Worth, Texas 76116 817 -335 -5082 817 - 334 -9687 fax
ABSTRACTOR'S INFORMATION LETTER
Brenda A. Lazenby
Haynes & Boone, LLP
2323 Victory Ave. Suite 700
Dallas, TX 75219 -7673
In compliance with your request for an update of Prior Policy No. 02019001281A -1,
with reference to the following described property, our search Commencing November 24,
2008, reflects:
LEGAL DESCRIPTION:
Tract One:
Being Lot 4, Block 15, SOUTHWOOD PLAZA, PHASE 11, an Addition to the City of College
Station, Brazos County, Texas, according to the Revised Plat of Lot 4, Block 15,
SOUTHWOOD PLAZA, PHASE 11, recorded in 1203, Page 143, Official Records of Brazos
County, Texas.
Tract Two:
Being Lot 40 and Lot 4E, Block 15, SOUTHWOOD PLAZA, PHASE 11, an Addition to the City
of College Station, Brazos County, Texas, according to the Revised Plat of Lot 4, Block 15,
SOUTHWOOD PLAZA, PHASE 11, recorded in 1203, Page 143, Official Records of Brazos
County, Texas.
Tract Three:
Being Lot 4J and Lot 4K, Block 15, SOUTHWOOD PLAZA, PHASE 11, an Addition to the City
of College Station, Brazos County, Texas, according to the Revised Plat of Lot 4B, Block 15,
SOUTHWOOD PLAZA, PHASE 11, recorded in 2153, Page 93, Official Records of Brazos
County, Texas.
Tract Four:
Being Lot 3, Block 15, SOUTHWOOD PLAZA, PHASE!, an Addition to the City of College
Station, Brazos County, Texas, according to the Correction Plat recorded in 1048, Page 591,
Official Records of Brazos County, Texas.
Tract Five:
No. 2010 -01993
Together with non - exclusive easement for ingress & egress pursuant to that Agreement of
Easements with Covenants and Restrictions Affecting Land ( "ECR ") between WaI -Mart
Properties, Inc. and Southwood Valley, Inc. dated June 26, 1 987, recorded in Volume 981,
Page 204; amended in instruments recorded in Volume 1204, Page 471 and 485, all of the
Official Records of Brazos County, Texas. As affected by Second Amendment to Easements
with Covenants and Restrictions Affecting Land Dated November 18, 2008, recorded under
Clerk's File No. 01015018, Official Records of Brazos County, Texas and as affected by
Agreement regarding release of Second Amendment to ECR dated July 7, 2008, recorded
under Clerk's File No. 01015020, Official Records of Brazos County, Texas.
Tract Six:
Together with non - exclusive easement for ingress & egress pursuant to the Dedication of
Access Easement dated December 7, 1987, recorded in Volume 1015 , Page 717 and
corrected in istrument recorded in Volume 1016, Page 441; amended in instrument recorded
in Volume 1027, Page 107, Official Records of Brazos County, Texas and shown on plat
recorded in Volume 1006, Page 603, Official Records of Brazos County, Texas.
Tract Seven :
Together with non - exclusive easement for ingress & egress to that Mutual ingress & Egress by
and between Southwood Valley, Inc. and Circle K Conveinance Stores, Inc. dated June 15,
1987, recorded in Volume 1027, Page 200 Official Records of Brazos County, Texas.
DOCUMENT LISTING:
AGREEMENT REGARDING RELEASE OF SECOND AMENDMENT TO ECR: By and
Between WaI -Mart Real Estate Business Trust, Kallstrom Commercial, Inc, Profit Sharing
Plan, Kathleen Crabtree, successor Trustee of the David H. Kallstrom Revocable Trust and
Agelina Assets, LLC. Dated 09 -23 -2008, filed 11 -24 -2008. Recorded in Volume 8878, Page
201, Deed Records, Brazos County, Texas.
PARKING RATIO COVENANT: Wal -Mart Real Estate Business Trust to The Public. Dated
11 -14 -2008, filed 12 -05 -2008. Recorded in Volume 8890, Page 184, Deed Records, Brazos
County, Texas.
WARRANTY DEED: WaI -Mart Real Estate Business Trust to WaI -Mart TRS, LLC. Dated
11-17 -2008, filed 12 -05 -2008. Recorded in Volume 8890, Page 193, Deed Records, Brazos
County, Texas.
RELOCATION EASEMENT AND RESTRICTIVE COVENANTS: By and Between P. G.
Longmire and wife, Ruth G, Longmire, in favor of Lone Star Gas Company and Wal -Mart Real
Estate Business Trust. Dated 12 -19 -2008, filed 04 -27 -2009. Recorded in Volume 9061, Page
1, Deed Records, Brazos County, Texas.
PAYMENT BOND: By and Between Warwick Construction, Inc., Fidelity and Deposit Company
of Maryland, Colonial American Casualty and Surety Company and Wal -Mart Stores, Inc.
Dated 04 -16 -2009, filed 06 -17 -2009. Recorded in Volume 9156, Page 6, Deed Records,
No. 2010 -01993
Brazos County, Texas.
TEMPORARY UTILITY EASEMENT: Wal -Mart Real Estate Business Trust and WaI -Mart
TRS, LLC to City of College Station, Texas. Dated 04 -07 -2009, filed 06 -17 -2009. Recorded
in Volume 9156, Page 92, Deed Records, Brazos County, Texas.
PAYMENT BOND: By and Between Warwick Construction, Inc., Fidelity and Deposit Company
of Maryland, Colonial American Casualty and Surety Company and WaI -Mart Stores, Inc.
Dated 07 -22 -2009, filed 07 -31 -2009. Recorded in Volume 9172, Page 5, Deed Records,
Brazos County, Texas.
PERFORMANCE BOND: By and Between Emerson Construction Company, Inc., Continental
Casualty Company and Surety Company and WaI -Mart Stores, Inc. Dated 07 -15 -2009, filed
07 -31 -2009. Recorded in Volume 9241, Page 128, Deed Records, Brazos County, Texas.
CONTRACTOR'S AFFIDAVIT OF PROPERTY CODE LIEN: ACT Pipe & Supply to Wal -Mart
Super Stores of Texas, LLC, WaI -Mart Stores, Inc. and WaI -Mart Real Estate Business Trust.
Dated 05 -14 -2010, filed 05 -14 -2010. Recorded in Volume 9623, Page 277, Deed Records,
Brazos County, Texas.
RELEASE OF CONTRACTOR'S AFFIDAVIT OF PROPERTY CODE LIEN: ACT Pipe &
Supply to WaI -Mart Super Stores of Texas, LLC, WaI -Mart Stores, Inc. and WaI -Mart Real
Estate Business Trust. Dated 06 -02 -2010, filed 06 -07 -2010. Recorded in Volume 9664, Page
292, Deed Records, Brazos County, Texas.
PUBLIC UTILITY EASEMENT: Wal -Mart Real Estate Business Trust and WaI -Mart TRS, LLC
to City of College Station, Texas. Dated 06 -11 -2010, filed 06-11 -2010. Recorded in Volume
9676, Page 140, Deed Records, Brazos County, Texas.
AFFIDAVIT FOR MECHANIC'S AND MATERIALMAN'S LIEN: Emerson Construction to
WaI -Mart Super Stores of Texas, LLC, Wal -Mart Stores, Inc. and Wal -Mart Real Estate
Business Trust. Dated 08 -17 -2010, filed 08 -18 -2010. Recorded in Volume 9778, Page 36,
Deed Records, Brazos County, Texas.
LIEN AFFIDAVIT: Sisco Ceramic Tile, LLC to Wal -Mart Real Estate Business Trust. Dated
08 -17 -2010, filed 08 -18 -2010. Recorded in Volume 9783, Page 247, Deed Records, Brazos
County, Texas.
AFFIDAVIT CLAIMING MECHANIC'S AND MATERIALMAN'S LIEN: Brazos Valley Services to
WaI -Mart TRS, LLC, LLC, WaI -Mart Stores, Inc. and WaI -Mart Real Estate Business Trust.
Dated 09 -14 -2010, filed 09 -14 -2010. Recorded in Volume 9823, Page 240, Deed Records,
Brazos County, Texas.
AFFIDAVIT CLAIMING MECHANIC'S AND MATERIALMAN'S LIEN: R &R Resources to
Wal -Mart TRS, LLC, LLC, WaI -Mart Stores, Inc. and Wal -Mart Real Estate Business Trust.
Dated 09 -14 -2010, filed 09 -14 -2010. Recorded in Volume 9823, Page 244, Deed Records,
Brazos County, Texas.
LIEN AFFIDAVIT AND CLAIM: Emerson Construction to Wal -Mart TRS, LLC, LLC, WaI -Mart
Stores, Inc. and WaI -Mart Real Estate Business Trust. Dated 09 -14 -2010, filed 09 -15 -2010.
Recorded in Volume 9825, Page 230, Deed Records, Brazos County, Texas.
No. 2010 -01993
SATISFACTION OF TEXAS LIEN AFFIDAVIT: Sisco Ceramic Tile, LLC to Wal -Mart Real
Estate Business Trust. Dated 09 -13 -2010, filed 09 -22 -2010. Recorded in Volume 9837, Page
231, Deed Records, Brazos County, Texas.
FINAL WAIVER AND RELEASE OF CLAIMS AND LIEN RIGHTS: Emerson Construction
Company, Inc. to Wal -Mart Real Estate Business Trust. Dated 09 -13 -2010, filed 09 -20 -2010.
Recorded in Volume 9833, Page 1, Deed Records, Brazos County, Texas.
ABSTRACTS OF JUDGMENTS, STATE TAX LIENS AND FEDERAL TAX LIENS FOR
WHICH WE FIND NO RELEASE OR ATTEMPTED RELEASE OF RECORD:
(Search is limited to WaI -mart Real Estate Business Trust only.)
WE FIND NONE.
EXCEPTIONS AND REMARKS:
This letter does not include any of the following matters:
(1) Bankruptcies which, from date of adjudication of the most recent bankruptcy, antedate this Letter by
more than fourteen (14) years.
(2) Suits and judgments, which from date of entry, antedate this letter by more than ten (10) years, or until
the governing statutes of limitation has expired, whichever is the longer period.
(3) Unpaid State and Federal Tax Liens (other than ad valorem tax liens) which, from date of filing,
antedate this letter by more than ten (10) years.
(4) Any unpaid ad valorem property taxes, real or personal, affecting the above described real property.
(5) Easements and Restrictions have not been searched. Such a search would require additional fees.
(6) No Oil, Gas or Mineral were searched.
This above search was made from the records of the Brazos County Clerk's Office, Brazos County,
Texas. Rattikin Title Company and Real Estate Information Services do not certify to the accuracy of said records.
IT IS EXPRESSLY UNDERSTOOD THAT THE UNDERSIGNED CORPORATION AND /OR ITS OFFICERS OR
EMPLOYEES NEITHER ACCEPT NOR ASSUME ANY LIABILITY, FINANCIALLY OR OTHERWISE, IN AN
AMOUNT IN EXCESS OF THE AMOUNT PAID FOR THE INFORMATION CONTAINED HEREIN.
DATED at Fort Worth, Texas this September 27, 2010.
The above title information certified thru September 20, 2010.
By �i ►�
MAR -21 -2011 14:17 P.002
No. 2011 -00561
REIS
ls•r:Vri INFORMATION SERVICES
9675 Camp Bowie West Fort Worth, Texas 76116 817 - 335 -5082 817 -334 -9687 fax
ABSTRACTOR'S INFORMATION LETTER
David L. Bailiff
Rattikin Title
3707 Camp Bowie Blvd., Ste. 120
Fort Worth, TX 76107
In compliance with your request for an update of Prior REIS No.2010 -01993 , with
reference to the following described property, our search Commencing September 20, 2010,
reflects:
LEGAL DESCRIPTION:
Tract One:
Being Lot 4, Block 15, SOUTHWOOD PLAZA, PHASE II, an Addition to the City of College
Station, Brazos County, Texas, according to the Revised Plat of Lot 4, Block 15,
SOUTHWOOD PLAZA, PHASE II, recorded in 1203, Page 143, Official Records of Brazos
County, Texas.
Tract Two:
Being Lot 4D and Lot 4E, Block 15, SOUTHWOOD PLAZA, PHASE II, an Addition to the City
of College Station, Brazos County, Texas, according to the Revised Plat of Lot 4, Block 15,
SOUTHWOOD PLAZA, PHASE 11, recorded in 1203, Page 143, Official Records of Brazos
County, Texas.
Tract Three:
Being Lot 4J and Lot 4K, Block 15, SOUTHWOOD PLAZA, PHASE II, an Addition to the City
of College Station, Brazos County, Texas, according to the Revised Plat of Lot 4B, Block 15,
SOUTHWOOD PLAZA, PHASE 11, recorded in 2153, Page 93, Official Records of Brazos
County, Texas.
Tract Four:
Being Lot 3, Block 15, SOUTHWOOD PLAZA, PHASE I, an Addition to the City of College
Station, Brazos County, Texas, according to the Correction Plat recorded in 1048, Page 591,
Official Records of Brazos County, Texas.
Tract Five:
MAR -21 -2011 14:17 P.003
' . No. 2011 -00561
Together with non- exclusive easement for ingress & egress pursuant to that Agreement of
Easements with Covenants and Restrictions Affecting Land ("ECR ") between Wal -Mart
Properties, Inc. and Southwood Valley, Inc. dated June 26, 1987, recorded in Volume 981,
Page 204; amended in instruments recorded in Volume 1204, Page 471 and 485, all of the
Official Records of Brazos County, Texas, As affected by Second Amendment to Easements
with Covenants and Restrictions Affecting Land Dated November 18, 2008, recorded under
Clerk's File No. 01015018, Official Records of Brazos County, Texas and as affected by
Agreement regarding release of Second Amendment to ECR dated July 7, 2008, recorded
under Clerk's File No. 01015020, Official Records of Brazos County, Texas.
Tract Six:
Together with non - exclusive easement for ingress & egress pursuant to the Dedication of
Access Easement dated December 7, 1987, recorded in Volume 1015 , Page 717 and
corrected in istrument recorded in Volume 1016, Page 441; amended in instrument recorded
in Volume 1027, Page 107, Official Records of Brazos County, Texas and shown on plat
recorded in Volume 1006, Page 603, Official Records of Brazos County, Texas.
Tract Seven :
Together with non - exclusive easement for ingress & egress to that Mutual Ingress & Egress by
and between Southwood Valley, Inc. and Circle K Conveinance Stores, Inc. dated June 15,
1987, recorded in Volume 1027, Page 200 Official Records of Brazos County, Texas.
DOCUMENT LISTING:
AFFIDAVIT CLAIMING LIEN: CMC Constructive Services to Wal -Mart Real Estate Business
Trust. Dated 11 -11 -2010, filed 11 -12 -2010. Recorded in Volume 9905, Page 216, Deed
Records, Brazos County, Texas.
FULL AND FINAL RELEASE OF CLAIMS AND WAIVER OF LIEN: Johnson Roofing, Inc. to
Wal -Mart Real Estate Business Trust. Dated 12 -13 -2010, filed 12 -21 -2010. Recorded in
Volume 9961, Page 28, Deed Records, Brazos County, Texas.
ORIGINAL CONTRACTOR'S RELEASE OF RECORDED MECHANIC'S LIEN AFFIDAVIT:
Johnson Roofing, Inc. to Wal -Mart Real Estate Business Trust. Dated 21 -10 -2010, filed
12 -21 -2010. Recorded in Volume 9961, Page 30, Deed Records, Brazos County, Texas.
RELEASE OF TEMPORARY UTILITY EASEMENT: City of College Station, Texas to
Wal -Mart Real Estate Business Trust. Dated 12 -15 -2010, filed 12 -21 -2010. Recorded in
Volume 9962, Page 81, Deed Records, Brazos County, Texas.
PUBLIC UTILITY EASEMENT: Wal -Mart Real Estate Business Trust to City of College
Station, Texas. Dated 11 -15 -2010, filed 12 -21 -2010. Recorded in Volume 9962, Page 83,
Deed Records, Brazos County, Texas.
ABSTRACTS OF JUDGMENTS, STATE TAX LIENS AND FEDERAL TAX LIENS FOR
WHICH WE FIND NO RELEASE OR ATTEMPTED RELEASE OF RECORD:
MAR -21 -2011 14:17 P.004
No. 2011-00561
(Search is limited to WaI -Mart Real Estate Business Trust, only.)
WE FIND NO CHANGE.
EXCEPTIONS AND REMARK:
This letter does not include any of the following matters:
(1) Bankruptcies which, from date of adjudication of the most recent bankruptcy, antedate this letter by
more than fourteen (14) years.
(2) Suits and judgments, which from date of entry, antedate this letter by more than ten (10) years, or until
the governing statutes of limitation has expired, whichever is the longer period.
(3) Unpaid State and Federal Tax Liens (other than ad valorem tax liens) which, from date of filing,
antedate this letter by more than ten (10) years.
(4) Any unpaid ad valorem property taxes, real or personal, affecting the above described real property.
(5) Easements and Restrictions have not been searched. Such a search would require additional fees.
(6) No Oil, Gas or Mineral were searched.
It is understood by Rattikin Title (Benefited Party) that the above information was secured by REIS, Inc. through
the use of the real estate title records of the county where the property is located and /or from various title
evidence providers. REIS, Inc. does not and will not assume any IiabiIty, financially or otherwise, to Benefited
Party, or any other party, in a total amount in excess of the amount paid for the information contained herein.
The above Abstractor's Information Letter is issued for the use of, and shall inure to the benefit of the Benefited
Party, and is issued in consideration of $75.00 paid by the Benefited Party, and to whom said sum shall be
returned as liquidated damages in the event the Information Letter contains an error or errors that cause Benefited
Party Toss or damage due to such errors. Such sum shall constitute the full measure of damages against REIS,
Inc., its officers, employee;, and staff, as well as any other title evidence provider used in the research process.
The information set out in this Information Letter is not an opinion of title, guarantee of title, or a title insurance
product of any kind, and any use or reliance on the information reported herein, for any purpose whatsoever, is
taken at the sole risk and responsibility of the Benefited Party.
DATED at Fort Worth, Texas this March 21, 2011.
The above title information certified thru March 16, 2011.
By /07