The URL can be used to link to this page

Home My WebLink AboutTitle ReportP.O. Box 4704 Bryan, TX 77805 -4704 Brazos County Abstract Company "More than 125 Years of Title Service" Phone: (979) 260 -9728 Facsimile: (979) 779 -7979 E -mail: bcac @bcactg.com Title Report Prepared for Mr. Chuck Ellison Ellison Law Firm 418 Tarrow College Station, TX 77840 -1822 Brazos County Abstract Company "More than 125 Years of Title Service" EFFECTIVE DATE: November 18, 2011 at 8 o'clock A.M. PROPERTY DESCRIPTION: Field notes of a 4.21 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 4.21 acre tract being more particularly described as follows: BEGINNING at a %2" iron rod found in a triangular shaped traffic island at the north corner of Lot 7, Block 3 - 1.31 acres, Tower Point Subdivision, Phase 11A, according to the plat recorded in Volume 10076, Page 73, of the Official Records of Brazos County, Texas, said %2" iron rod also lying in the southwest right-of-way line of State Highway No, 6; THENCE along the northwest line of the beforementioned Lot 7, Block 3, as follows: S 51° 48' 46" W for a distance of 113.17 feet to an "X" found in concrete at the beginning of a curve, concave to the southeast, having a radius of 326.00 feet, Southwesterly along said curve, for an are distance of 140.44 feet to an "X" found in concrete at the end of this curve, the chord bears S 39° 28' 16" W - 139.36 feet; THENCE N 40° 14' 58" W for a distance of 242.36 feet to '/2" iron rod set; THENCE N 47° 19' 17" W for a distance of 178.60 feet to a %2" iron rod set; THENCE S 42° 40' 43" W for a distance of 97.06 feet to a %2" iron rod set in the east line of a proposed detention area; THENCE along the east line of a proposed detention area, as follows: N 15° 46' 35" W for a distance of 282.87 feet to a ' /2" iron rod set at the beginning of a curve, concave to the east, having a radius of 200.00 feet, Northerly along said curve, for an arc distance of 204.05 feet to a %2" iron rod set at the end of this curve, the chord bears N 13° 27' 04" E - 195.31 feet, N 42° 40' 43" E for a distance of 12.13 feet to a'' /2" iron rod set in the southwest line of a 15 foot wide City of College Station Public Utility Easement, Exhibit A, as described in Volume 589, Page 218, of the Deed Records of Brazos County, Texas, S 47° 19' 17" E along the beforementioned 15 foot wide City of College Station Public Utility Brazos County Abstract Company Easement for a distance of 32,42 feet to a'' h" iron rod set, N 42° 40' 43" E for a distance of 15.00 feet to a %2" iron rod set in the southwest right -of -way line of the beforementioned State Highway No. 6; THENCE along the southwest right -of -way line of the beforementioned State Highway No. 6, as follows: S 47° 19' 17" E for a distance of 555.20 feet to a ' /2" iron rod found, S 38° 33' 26" E for a distance of 180.21 feet to the PLACE OF BEGINNING, containing 4.21 acres of land, more or less. TITLE APPEARS TO 13E VESTED IN: SUBJECT TO: "More than 125 Years of Title Service" 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. 1. LIENS: A. 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. ,Affidavit for Mechanic's and Materialman's Lien from Action Gypsum Supply, LP to College Station MarketPlace, LLC, in the amount of $16,151.54, dated November 11, 2011, recorded in Volume 10415, page 271, 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 Estate et al to Wellborn Water Supply Corporation, dated August 11, 1982, recorded in Volume 531, page 722, Deed Records of Brazos County, Texas. Easement from United Four Joint Venture to City of College Station, dated July 11, 1983, recorded in Volume 589, page 218, Deed Records of Brazos County, Texas. Easement from United Four Joint Venture to the City of College Station, dated August 21, 1984, recorded in Volume 723, page 689, 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 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: Brazos County Abstract Company 7. TAXES: NO SEARCH MADE "More than 125 Years of Title Service" 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 terns 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. 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 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 Brazos County Abstract Company "More than 125 Years of Title Service" 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 Doc - 1165600 B1.OR V1.10415 Pg.271 Electronically Filed Document Brazos County, TX Karen McQueen County Clerk Parties: Receipt Number: 425090 Processed By: Cathy Barcelona llnr,�l : ±�,re9 hu!J /.I Document Number: 2011 - 1106600 Recorded As : ERX- RECORDINGS Recorded On: November 11, 2011 Recorded At: 02:19:57 pm Number of Pages: 6 Book- VIIPg: Bk -OR VI -10415 Pg -271 Recording Fee: 536.00 Direct- ACTION GYPSUM SUPPLY LP Indirect- COLLEGE STATION MARKETPLACE LP THIS PAGE IS PART OF THE INSTRUMENT "6" ******* My provision herein which restricts the Safe, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. hereby certify that this instrument was filed on the date and time stamped hereon by me and was duly recorded in the volume and page of the Official Public records of BRAZOS COUNTY, TEXAS Honorable Karen McQueen, County Clerk, Brazos County Doc- 1103600 Bk.OR VI -10415 Pg•272 AFFIDAVIT FOR MECHANIC'S AND MATTRIALMAN'S LIEN THE STATE OF TEXAS COUNTY OF BRAZOS § BEFORE M);, the undersigned authority, personally appeared VANESSA ORTIZ who, under oath, stated the following: 1, "1 sun the Credit Manager of Supply Management, LLC, general partner of Action Gypsum Supply, LP ( "Claimant ). I have personal knowledge of the facts set forth bolow and I am competent and authorized to make this affidavit on behalf of Claimant. Unrn17;t9f'JUn %l 2, Claimant's address is 9636 West Little York, Houston, Texas 77040. 3. The real property and improvements thereon sought to be ohargod with a lien by Claimant is tho real property and improvements known as Tower Point College Station, located at Highway 6 & Highway 40, also known as the William D, Fitch Parkway, College Station, Brazos County, Texas and being more particularly described in Exhibit A attached hereto and incorporated horein by roferenco. 4. Pursuant to a contract between Claimant and Southeast Drywall, Inc., whose Inet known address is 7686 Dillon Street, lloueton, Texas 77061, Claimant ilnniehed materials, including, but not limited to, drywall, etude, metal framo and acoustical file and grid materials and supplies necessary for the remodeling and /or repair and/or completion of Tower Point College Station, locatod at Highway 6 & Highway 40, also known as tho William D. Fitch Parkway, College Station, Brazos County, Texas. 6, Claimant furnishod tho materials for which payment is requested in the months of June, July and August, 2011. Claimant sent notice of its claim to the owner(s) or reputed owner(s), College Station Marketplace, LLC, on October 14, 2011 and to Collage Station Markotplaco, L.P., on Novombor 16, 2011 and to tho original contractor or reputed original contractor, TRS Construction, Inc., on Septombor 16, 2011 and October 14, 2011, ail by certified mail, return receipt roquoated. 6. The owner(e) or reputed owner(s) of the abovo•described roil property and improvements located thereon is College Station Marketplace, L,P., whose last known address is 620 Post Oak Boulevard, Suite 860, Houston, Texas. 7. 'I'RS Constriction, Ino., whose last known addross is 600 Kendrick Drive, Suite D14, Houston, Texan 77060.3696, is the original contractor for the improvements for which a lien is claimed. 4300.1 2098.1? Doc - 1105600 Bk-OR V1.10415 Pg.273 8, Afton allowing all just orodite Weals, and pnysnonte, Cho nmoun of $10,151,54 romains unpaid and is dito and owing to Claimant. Claimant claims a lion on thu nbovo•dosoribod proporty, improvements mid routovnblos undo[ tho provisions of Ulto TnXAS PItOI'iflti'Y COna § 53.001 et seq. to sougru payment of said amount. Demand Is horoby mode undo[ Sootious 53.063 and 53.083 of tho TLXA8 PROPERTY CODE for payment of t:ho anloullt sot forth ubovo.' [THIS SECTION INTENTIONALLY LEFT BLANK] d96462.1 2408.19 ooc•1105600 Bk-OR Vl.1•15 Pg -2r4 ACTION GYPSUM SUPPLY, LP By: SUPPLY MANAGEMENT, LLC, ITS GENE r."• PARTNER B mess 0 /41B4 STATE OP TEXAS § § COUNTY OF HARRIS § BEFORE ME tho undoreignod authority on the 1 day of November, 2011 personally appeared Vanessa Ortiz, Credit Manager of Supply Management, LLC as general partner of Action Gypsum Supply, LP, who stated that she is an authorized representative of Supply Management, I,LO as general partner of Action Gypsum Supply, LP and that the information contained heroin Is within her knowledgo and is true and correct, r_•.� .r N STATE OF TEXAS COUNTY OF HARRIS § § OTARY PUBLIC, STATE OP TEXAS STAIN ESPJHO8A MYCe►OASSSONEXAM 8oplartof 4,103 This instrument wa SUBSCRIBED AND SWORN TO before nne on � f _ � 2011, by Vanessa Ortiz, Credit Manager of Supply Management, LLC as general partner of Action Gypetun Supply, LP, a Texas limited partnership, on behalf of said limited partnership, to certify which witness my hand and seal of office, NO'PA1,Y PUBLIC, STATE OF TEXAS w.�w unnl.�,xwavm.ra�ra�oer►► sr,LNMM°4 3A NYCOMAUC6tONWIRER ��!! 8epbrtdkt4,2410 •130009,1 2008,17 Doc - 1105600 Bk-OR VI.10415 Pg.275 EXHIBIT A Phuso 1 IA, Lots 7 & 8, Block 3, 2.96 Acres old ofRobort Slevonton Survey, Longuo, A- 54 Block 3 Lo(s 9'Thru 11, 7.36 Acres Ott! o1' Robert Swenson, Survey, A -54 TOWRit POINT Pl-I 3, BLOCK 3,1.0'T 28 A005401, R S (BVBNSON (ICL), TRACT 2.19, 18.15 ACRLS, 445 �Jtir Il�'s rxl Irny 1 Dac•1105600 Bk -OR V•10415 Pg•218 After Recording Return To: W. jaoon Walif11'cj Diwt.. 1 11JhLA1 ANDREWS MYERS,P.C. 3000 Essex Lane, Suite 800 Houston, Taxao 77027 43600.1 8608.17