HomeMy WebLinkAboutTitle ReportP.O. Box 4704
Bryan, TX 77805 -4704
Brazos County Abstract Company
"More than 140 Years of Title Service"
Phone: (979) 731 -1900
Facsimile: (979) 731 -8352
E -mail: bcac @bcactg.com
Title Report Prepared November 23, 2011
For
ELLISON LAW FIRM
Attention: Mr. Chuck Ellison
3800 Cross Park Drive
Bryan, TX 77802
EFFECTIVE DATE: November 18, 2011 at 8 o'clock a.nl.
PROPERTY DESCRIPTION:
Brazos County Abstract Company
"More than 140 Years of Title Service"
Field notes of a 5.44 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 5.643 acre - Tract 1, described in the deed from Spring Creek CS Development, Ltd., to
College Station Market Place, L.F., according to the deed recorded in Volume 6647, Page 207, of
the Official Records of Brazos County, Texas, and said 5.44 acre tract being more particularly
described as follows:
BEGINNING at a 1/2" iron rod found marking the intersection of the southwest line of the
beforementioned 5.643 acre tract with the southeast right -of -way line of Arrington Road - 80' wide
right -of -way, according to the plat recorded in Volume 7800, Page 12, of the Official Records of
Brazos County, Texas, the west corner of the said 5.643 acre tract bears N 40° 20' 30" W - 10.00
feet;
THENCE N 45° 08' 31" E along the southeast right-of-way line of the beforementioned Arrington
Road - 80' wide right -of -way, for a distance of 558.50 feet to a '/2" iron rod found marking the
transition curve from Arrington Road to State Highway No. 6, said curve being concave to the
south, having a radius of 40.00 feet;
THENCE Easterly along the beforementioned transition curve, for an arc length of 61.11 feet to a
1/2" iron rod found marking the end of this transition curve, in the southwest right -of -way line of
State Highway No. 6, the chord bears N 88° 54' 37" E - 55.34 feet;
THENCE along the southwest right -of -way line of State Highway No. 6, as follows:
S 47° 19' 17" E for a distance of 203.39 feet to a 1/2" iron rod found,
S 43° 01' 56" E for a distance of 124.58 feet to a'' /2" iron rod set;
THENCE S 33° 37' 50"
THENCE S 04° 05' 52"
THENCE S 35° 35' 30"
THENCE S 60° 13' 43"
THENCE S 61° 30' 38"
THENCE S 58° 11' 30"
E for a distance of 37.05 feet to a 1/2" iron rod set;
E for a distance of 43.63 feet to a 1/2" iron rod set;
W for a distance of 62.95 feet to a '/2" iron rod set;
W for a distance of 52.08 feet to a '/2" iron rod set;
W for a distance of 140.18 feet to a 1/2" iron rod set;
W for a distance of 119.40 feet to a '/2" iron rod set;
Brazos County Abstract Company
"More than 140 Years of Title Service"
THENCE S 53° 49' 45" W for a distance of 130.87 feet to a ''V2" iron rod set at the beginning of a
curve, concave to the north, having a radius of 110.00 feet;
THENCE Westerly along said curve, for an are length of 164.78 feet to a ' /2" iron rod found
marking the original end of the curve for the beforementioned 5.643 acre tract, the chord bears N
83° 15' 23" W - 149.80 feet;
THENCE N 40° 20' 30" W along the southwest line of the beforementioned 5.643 acre tract, for a
distance of 229.36 feet to the PLACE OF BEGINNING, containing 5.44 acres of land, more or
less.
TITLE APPEARS TO BE VESTED 1N:
COLLEGE STATION MARKETPLACE, L.P.
by Special Warranty Deed with Vendor's Lien from Spring Creek CS Development, Ltd., dated
April 8, 2005, recorded in Volume 6647, page 207, Official Records of Brazos County, Texas.
SUBJECT TO:
1, LIENS:
A. Deed of Trust dated October 29, 2009, executed by College Station
MarketPlace, L.P. to Charles A. Ellison, Trustee, securing one note of even
date payable to Timothy J. Crowley, in the principal amount of
$2,000,000,00, recorded in Volume 9368, page 274, Official Records of
Brazos County, Texas,
Collateral Transfer of Note from Timothy J. Crowley to Lynn Goode, dated
October 19, 2009, but effective February 10, 2010, recorded in Volume
9497, page 98, Official Records of Brazos County, Texas,
B. Deed of Trust, Security Agreement, Assignment of Rents and UCC
Financing Statement for Fixture Filing dated April 29, 2011, executed by
College Station MarketPlace, L.P. to Ivan M. Olson, Trustee, securing one
note of even date payable to The Bank & Trust of Bryan/College Station, in
the principal amount of $2,100,000.00, recorded in Volume 10137, page 90,
Official Records of Brazos County, Texas. (With Other Property)
Assignment of Rent, Income, and Receipts from College Station
MarketPlace, L.P. to the Bank & Trust of Bryan/college Station, dated April
29, 2011, recorded in Volume 10137, page 143, Official Records of Brazos
County, Texas.
C. Deed of Trust dated April 29, 2011, executed by College Station
3. EASEMENTS:
Brazos County Abstract Company
"More than 140 Years of Title Service"
MarketPlace, L.P. to Charles A. Ellison, Trustee, securing one note of even
date payable to Timothy J. Crowley, in the principal amount of
$914,697.32, recorded in Volume 10139, page 73, Official Records of
Brazos County, Texas.
D. Affidavit for Mechanic's and Materialman's Lien dated November
11, 2011, executed by Action Gypsum Supply, LP to Southeast Drywall,
Inc., College Station Marketplace, LLC and TRS Construction, Inc., in the
principal amount of 16,151.54, recorded in Volume 10415, page 271,
Official Records of Brazos County, Texas.
2. ABSTRACT OF JUDGMENT/FEDERAL AND /OR STATE LIENS:
NONE OF RECORD
Blanket Right -of -Way Easement from Esther Cavitt to Sinclair Refining
Company, dated March 13, 1947, recorded in Volume 132, page 95, Deed
Records of Brazos County, Texas; Assignment from Sinclair Refining
Company to Sinclair Pipe Line Company, dated December 31, 1950,
recorded in Volume 147, page 417, Deed Records of Brazos County, Texas;
Assignment and Assumption Agreement between ARCO Pipe Line
Company and CITGO, dated October 3, 1994, recorded in Volume 2217,
page 231, Official Records of Brazos County, Texas; Amendment to Right
of Way Agreement by and between CITGO Products Pipeline Company
and Timothy J. Crowley, dated February 16, 1999, recorded in Volume
3440, page 40, Official Records of Brazos County, Texas.
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, 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.
Easement and Right of Way from Timothy J. Crowley to TXU Gas
Company, dated March 31, 2001, recorded in Volume 4137, page 37,
Official Records of Brazos County, Texas.
5. OIL & GAS LEASES:
rk
"More than 140 Years of Title Service"
Brazos County Abstract Company
Utility Easement from Timothy J. Crowley to City of College Station,
Texas, dated September 17, 2001, recorded in Volume 4328, page 164,
Official Records of Brazos County, Texas.
Public Access and Utility Easement from Spring Creek CS Development,
Ltd. to City of College Station, Texas, dated March 3, 2003, recorded in
Volume 5247, page 82, 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.
Public Utility Easement from College Station Marketplace, L.P., to City of
College Station, Texas, dated May 30, 2007, recorded in Volume 8002,
page 249, 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.
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 13. 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 Spring Creek CS
Development, Ltd., dated January 24, 2002, recorded in Volume 4712, page
260, Official Records of Brazos County, Texas. Title to this reservation has
not been traced subsequent to the date of the above -cited instrument.
Estate created by Oil and Gas Lease from Edith Cavitt Estate et al to
Brazos County Abstract Company
"More than 140 Years of Title Service"
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 instniments 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 180 and Volume
10036, page 24, Official Records of Brazos County, Texas.
7. TAXES: NO SEARCH MADE
8. MISCELLANEOUS: Terms and conditions as set forth in the Declaration of Covenants,
Conditions and Restrictions by and between HEB Grocery Company, LP,
College Station MarketPlace, L.P. and CSMP Phase 1 /Lot 2, LLC, dated
February 10, 2010, recorded in Volume 9497, page 180, Official Records of
Brazos County, Texas.
Terms, conditions and stipulations contained in Supplemental Easements of
Covenants, Conditions and Restrictions executed by College Station
MarketPlace, LP, dated February 16, 2011, recorded in Volume 10036,
page 24, Official Records of Brazos County, Texas.
Maintenance Charge as set forth in Supplemental Easements of Covenants,
Conditions and Restrictions executed by College Station MarketPlace, LP,
dated February 16, 2011, recorded in Volume 10036, page 24, Official
Records of Brazos County, Texas.
THIS TITLE REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING, EVIDENCED BY
c
Brazos County Abstract Company
"More than 140 Years of Title Service"
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:j
LISA KEMP