Loading...
HomeMy WebLinkAboutEasement Dedication SheetTYPE OF EASEMENT: Partnership 979/696 -9889 EASEMENT DEDICATION SHEET To be filled in and submitted with construction plans and specifications for preliminary review iNot to be used where City is purchasing property) THIS SECTION TO SE COMPLETED BY CITY STAFF PROCESSED BY: DEPT. EXT REQUESTED BY: DEPT. EXT. ACCOUNT NO. PROJECT NO (For ordering tide work, appraisals, etc.) 1 _ Public UtiSies (PUE) Temporary Blanket PUE Electric Only (lam to building permit) Water Only PURPOSE FOR EASEMENT: REVIEW AND APPROVAL REQUIRED /GIVEN BY THE FOLLOWING DEPARTMENTS: Approval Required By Electric Approval Given By Electric (please initial) Water/WW (please initlat) Water/WW Asst. City Engineer Asst. City Engineer Public Works Public Works METES & BOUNDS DESCRIPTION CHECKED FOR CLOSURE BY: THIS SECTION TO BE COMPLETED BY APPLICANT . ROPERTY OWNER(S): College Station Marketplace, L.P. iNames must be exactly as they appear on the deed) ADDRESS: 520 Post Oak Blvd., Ste 850 PHONE NUMBER: 713/623 -0188 1k uston, TX 77027 LENDERS (Please furnish copies of all hen documents): Citibank, N.A., 2717 S. Texas Avenue, College (Names and Addresses) Station, TX 77840; Timothy J. Crowley, P. 0. Box 1514, Marfa, TX 79843 IF OWNER IS A CORPORATION, PARTNERSHIP, OR JOINT VENTURE (also see #5 below): 1. State of Incorporation/Registration Texas 2. Partners' Names (if applicable) Andy Weiner, Brad Schlosser and Crowley Family Limited 3. Person Authorized to Sign Charles A. EI iscn (Name and Title) City Staff - NameiDept LEGAL DEPARTMENT�IIE PROVIDED M Tk THE FOLLOWING: ( Plea items that are attached) 1. A copy of a recent (within 90 days) deed or title Insurance poltq the names of the grantors /owners: and 2. For urtptalted property, a signed, aedad and dated mates and b oun description and a diagram of the property the ktcatlan of the easement; or 4. For played property, a al the plat showing the td, block, scedfviSion, and recording information. 3. For easements, a la gnnad, ended and dated metes and bounds description and a diagram of the property. 5. Corporate or partnership owners must furnish a copy of a corporate resolution or other proof of authority to sign on behalf of the s orpora s partnership, or joint Ventura. 6. Name, address and phone number of person who is to receive the easement and be responsible for getting tt executed Charles A. Ellison, P. 0. Box 10103, College Station, TX 77842 -0103 . 9:. land acquav mprovemerrt 'rojects requires a meetrrg Tower Point Subdivision - Phase 3 Lot 12, 13A and 13C - 16.29 Acre Tract Robert Stevenson Survey, A -54 College Station, Brazos County, Texas Field notes of an 16.29 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 16.29 acre tract being more particularly described as follows: BEGINNING at the common comer between the beforementioned 89.42 acre tract and Lot 2, South Park Estates, Phase One, according to the plat recorded in Volume 795, Page 259, of the Official Records of Brazos County, Texas, from which an 8" creosote post bears N 22° 40' E - 1.0 feet; THENCE S 60° 58' 37" E along the common line between the beforementioned 89.42 acre tract and South Park Estates, for a distance of 138.71 feet to a 1/2" iron rod set in the northwest right -of -way line of State Highway No. 40 (W. D. Fitch Parkway); THENCE S 48° 59' 02" W along the northwest right -of -way line of the beforementioned State Highway No. 40, for a distance of 285.73 feet to a 1/2 iron rod set; THENCE along the centerline of a proposed 40' wide private access easement and public utility easement, as follows: N41 °00'58 "W Westerly along N85 °45' "W for a distance of 45.94 feet to a' /2" iron rod set at the beginning of a curve, concave to the south, having a radius of 150.00 feet. said curve, for an arc distance of 117.14 feet to a %" iron rod set at the end of this curve, the chord bears N 63° 23' 16" W - 114.18 feet, for a distance of 551.82 feet to a 1/4" iron rod set in the east line of a proposed 28' wide private access and public utility easement; THENCE along the east and southeast lines of a proposed variable width private access easement and public utility easement, as follows: N 04° 14' 27" E for a distance of 53.00 feet to a 1/2" iron rod set at the beginning of a curve, concave to the west, having a radius of 414.00 feet, Northerly along said curve, for an arc distance of 165.25 feet to a 1/2" iron rod set at the beginning of a reverse curve, concave to the east, having a radius of 443,00 feet, the chord bears N 07° 11' 39" W - 164.16 feet. Northerly along said curve, for an arc distance of 683.18 feet to a 1/2" iron rod set at the beginning of a reverse curve. concave to the northwest, having a radius of 514.00 feet, the chord bears N 25° 33' 02" E - 617.46 feet. Northeasterly along said curve, for an arc distance of 164.06 feet to a YZ" iron rod set at the end of this curve, the chord bears N 60° 35' 11" E - 163.36 feet. N 51' 26' 34" E for a distance of 182.22 feet to a i'2" iron rod set in the southwest right -of -way line of State Highway No. 6; KUNG ENGINEERING AND SURVEY /NG $RYAN. TEXAS Tower Point Subdivision - Phase 3 Lot 12, 13A and 13C - 1629 Acre Tract Robert Stevenson Survey, A -54 College Station, Brazos County, Texas Continued - Page 2 THENCE along the southwest right -of -way line of the beforementioned State Highway No. 6, as follows: S 38° 33' 26" E S 43° 30' 26" E THENCE S 28° 59' 25" W along the common line between the beforementioned 89.42 acre tract and South Park Estates, for a distance of 370.00 feet to the PLACE OF BEGINNING, containing 16.29 acres of land, more or less. Prepared 11/20/09 1,as09- dvdLLower pant ph. 3 - 1629ac.wpd for a distance of 562.50 feet, a concrete right -of- way marker found bears N 19° 15' E - 0.27 feet, for a distance of 103.26 feet to a W iron rod found marking the common corner between Lot 1, South Park Estates, and the beforementioned 89.42 acre tract; KLING ENGNEERING AND SURVEYING BRYAN. TEXAS Surveyed November 2009 M. Kling R.P.L.S. No. 2003 CERTIFICATE OF AUTHORITY 1, the undersigned, sole Director and President of CROWLEY DEVELOPMENT CORPORATION, a Texas corporation (the "Corporation';, does hereby certify that (i) the Corporation is duly organized and existing under the laws of the State of Texas; that all franchise and other taxes required to maintain its Corporation existence have been paid when due and that no such taxes are delinquent; that no proceedings are pending for the forfeiture of its Certificate of lncorproation or for its dissolution, voluntarily or involuntarily; that it is fully qualified and in good standing to do business in all iurisdictions in which the nature of its business requires it to be qualified; that there is no provision of the Articles of Incorproation or Bylaws of the Corporation limiting the power of the officers to pass the resolutions set forth below; (ii) that the Corporation is a general partner of COLLEGE STATION MARKETPLACE, L.P. (the "Partnership") and that the Partnership is a limited partnership duly organized and existing under the laws of the State of Texas and is authorized to do business in the State of Texas; and (iii) that on the 21st day of January, 2009, at a meeting of the Directors of said Corporation duly and regularly called and held in accordance with the Bylaws of said Corporation and the law, the following resolutions were unanimously adopted and recorded in the minutes of the books of said Corporation kept by me and are in accord with and pursuant to the Articles of Incorporation and Bylaws of said Corporation and are now in full force and effect, to -wit: WHEREAS, COLLEGE STATION MARKETPLACE, L.P. is the owner of certain real property located in the R. Stevenson Survey, College Station, Brazos County, Texas, which is commonly known as Tower Point (the ''Property); and WHEREAS, COLLEGE STATION MARKETPLACE, GP, LLC and CROWLEY DEVELOPMENT CORPORATION, as General Partners of COLLEGE STATION MARKETPLACE, L.P. are developing the Property: and WHEREAS, the Genera! Partners and the Partnership have agreed to authorize CHARLES A_ ELLISON to execute (i) any and applications and requests related to the development of the Property and (ii) any and all easement documents necessary or convenient for the development of the Property. NOW THEREFORE, BE IT RESOLVED, that TIMOTHY J. CROWLEY. as sole Director of the Corporation and as General Partner of the Partnership, authorize and direct CHARLES A. ELLISON to execute (i) any and applications and requests related to the developrent of the Property and (ii) any and all easement documents necessary or convenient for the development of the Property, on behalf and in the name of the Partnership: RESOLVED FURTHER, :hat the sole Director of the Cor= ora< certify ,.) !oi'' iS {+ - .. "G iCd L ;. y .hC - v,i. ;i,; ; - S of this meeting and the contents of these resolutions and to deliver such belt fication in support of the authority to act on behalf of the Corporation, as general partner of the Partnersnip. RESOLVED FURTHER. that the foregoing powers and authorities shall continue ;n f, force and affect until written notice or revocation has been given. further certify that the following is the duty elected and .ncurrbent sole Director of the Corporation and that the true and correct signature of the individual authorized to act on ;,ehaif of said Director :s as set forth beside his name: PRtNT NAME TITLE TIMOTHY J. CROWLEY C hector "L' IN WITNESS WHEREOF, i have hereunto subscribed by Corporation effective the 21st day of January. 2009. COUNTY OF i(.aa --.-+ MARfA NORA VALERtO Notary Public, State of Texas My o:. mission Expires March 03, 2010 and as the Sole Director of the TI CROWLEY, Sole Director of CR LEY DEVELOPMENT CORPORAT a Texas Corporation THE STATE OF TEXAS § (ACKNOWLEDGMENT) This instrument was acknowledged before me on the,3 d y of January, 2009, by TIMOTHY J. CROWLEY, sole Director of CROWLEY DEVELOPMENT CORPORATION, a Texas Corporation, on behalf of said Corporation. Notary Public, State of Texas CERTIFICATE OF AUTHORITY We, the undersigned, Managers of COLLEGE STATION MARKETPLACE, GP, LLC, a Texas limited :lability company (the "Company " ), do hereby certify that ri) the Company is duty organized and existing under tie laws of the State of Texas: that ail franchise and other taxes required to maintain its company existence have been paid when due and that no such taxes are delinquent; that no proceedings are pending for the forfeiture of its Certificate of Organization or for its dissolution, voluntarily Or involuntarily; that it is fully qualified and in good standing to do business in all jurisdictions in which the nature of its business requires it to be qualified; that there is no provision of the Articles of Organization or Regulations of the Company limiting the power of the Managers to pass the resolutions set forth below: (ii) that the Company is a general partner of COLLEGE STATION MARKETPLACE, L.P. (the "Partnership') and that the Partnership is a limited partnership duly organized and existing under the laws of the State of Texas and is authorized to do business in the State of Texas; and (iii) that on the 21st day of January, 2009, at a meeting of the Managers of said company duly and regularly called and held in accordance with the Regulations of said company and the law, the following resolutions were unanimously adopted and recorded in the minutes of the books of said company kept by me and are in accord with and pursuant to the Articles of Organization and Regulations of said company and are now in full force and effect. to -wit: WHEREAS. COLLEGE STATION MARKETPLACE, L.P. is the owner of certain real property located in the R. Stevenson Survey, College Station, Brazos County. Texas, which is commonly known as Tower Point (the "Property'): and WHEREAS, COLLEGE STATION MARKETPLACE, GP. LLC and CROWLEY DEVELOPMENT CORPORATION. as General Partners of COLLEGE STATION MARKETPLACE, L.P. are developing the Property; and WHEREAS, tie General Partners and the Partnership have agreed to authorize CHARLES k ELLISON to execute (ij any and applications and requests related to the development of the Property and (ii) any and all easement documents necessary or convenient for the development of the Property. NOW, THEREFORE, BE IT RESOLVED, tear ANDY WEINER and BRADLEY F. SCHLOSSER, as Managers of the Company and as General Partner of the Partnership, authorize and direct CHARLES A. ELLISON to execute (i) any and applications and requests related to the development of the Property and (ii) any and all easement documents necessary or convenient for the development of the Property, on behalf and in the name of the Partnership; RESOLVED FURTHER, that the Managers of the Company are directed to certify the Minutes of this meeting and :he contents of these resolutions and to deliver such certification in support of ;r:e authority to act on behalf of the Company, as genera: partner of the Partnership. RESOLVED FURTHER, that the foregoing powers and authorities shall continue in full force and effect until written notice or revocation has been given. We further certify that the followings the duly elected and incumbent managers of the Company authonzed to act on behalf of said Company is as set Forth: PRINT NAM E TITLE ANDY WEINER Manager BRADLEY F. SCHLOSSER hfarager N WITNESS WHEREOF, we have hereunto subscribed by hand by order of the Managers effective the day of January. 2009. SIGNATURES ON THE FOLLOWING PAGES .. DONNA FAU K s P Texas F:NPreS August 31. 2010 THE STATE OF TEXAS § COUNTY OF HARRIS § El ER, Manager of COLLEGE STATION MARKETP.ACE, GP, LLC, a Texas limited liability company (ACKNOWLEDGMENT) This instrument was acknowledged before me on the 94i day of January, 2009. by ANDY WEINER, Manager of COLLEGE STATION MA KETPt ACE, GP, LLC,,, Texas limited liability company, on behalf of said company. Notary pub ;c. State of Texas COUNTY OF TRAVIS § USA ROSE Netary Public, State of Texas My Commission Expires March 08, 2009 /1 BRADLEY F. SCHLOSSER, Manager of COLLEGE STATION MARKETPLACE, GP, LLC, a Texas limited liability company THE STATE OF TEXAS § (ACKNOWLEDGMENT) This instrument was acknowledged before me on the day of January, 2009, by BRADLEY F. SCHLOSSER, Manager of COLLEGE STATION MARKETPLACE, GP, LLC. a Texas limited liability cornpany, on behalf of said company. Notary Public, State of Texas P.O. Box 4704 Bryan, TX 77805 -4704 Brazos County Abstract Company "More than I25 Years of Title Service" Phone: (979) 260-9728 Facsimile: (979) 779 -7979 E -mail: bcac @bcactg.com BCAC GF NO. 148353 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: December 21, 2009 @ 8 o'clock A.M. GF NO. 148353 PROPERTY DESCRIPTION: Being all that certain 16.29 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 16.29 acre tract being more particularly described as follows: BEGINNING at the common corner between the beforementioned 89.42 acre tract and Lot 2, South Park Estates, Phase One, according to the plat recorded in Volume 795, page 259, of the Official Records of Brazos County, Texas, from which an 8" creosote post bears N 22° 40' E - 1.0 feet; THENCE S 60° 58' 37" E along the common line between the beforementioned 89.42 acre tract and South Park Estates, for a distance of 138.71 feet to a %" iron rod set in the northwest right -of -way line of State Highway No. 40 (W. D. Fitch Parkway); THENCE S 48° 59' 02" W along the northwest right -of -way line of the beforementioned State Highway No. 40, for a distance of 285,73 feet to a %z iron rod set; THENCE along the centerline of a proposed 40' wide private access casement and public utility easement, as follows: N 41° 00' 58" W for a distance of 45.94 feet to a %z" iron rod set at the beginning of a curve, concave to the south, having a radius of 150.00 feet, Westerly along said curve, for an arc distance of 117.14 feet to a '/z" iron rod set at the end of this curve, the chord hears N 63° 23' 16" W - 114.18 feet, N 85° 45' 33" W for a distance of 551.82 feet to a 1:" iron rod set in the east line of a proposed 28' wide private access and public utility easement; THENCE along the east and southeast lines of a proposed variable width private access easement and public utility easement, as follows: N 04° 14' 27" E for a distance of 53.00 feet to a /z" iron rod set at the beginning of a curve, concave to the west, having a radius of 414.00 feet, Northerly along said curve, for an arc distance of 165.25 feet to a' /z" iron rod set at Brazos County Abstract Company TITLE APPEARS TO BE VESTED IN: "More than 125 Years of Title Service" the beginning of a reverse curve, concave to the east, having a radius of 443.00 feet, the chord bears N 07° 11' 39" W - 164.16 feet, Northerly along said curve, for an are distance of 683.18 feet to a 1/4" iron rod set at the beginning of a reverse curve, concave to the northwest, having a radius of 514.00 feet, the chord bears N 25° 33' 02" E - 617.46 feet, Northeasterly along said curve, for an arc distance of 164.06 feet to a 1/4" iron rod set at the end of this curve, the chord bears N 60° 35' 11" E - 163.36 feet, N 51° 26' 34" E for a distance of 182.22 feet to a `h" iron rod set in the southwest right -of -way line of State Highway No. 6; THENCE along the southwest right -of -way line of the beforementioned State Highway No. 6, as follows: S 38° 33' 26" E for a distance of 562.50 feet, a concrete right -of -way marker found bears N 19° 15' E - 0.27 feet, S 43° 30' 26" E for a distance of 103.26 feet to a 1/2" iron rod found marking the common corner between Lot 1, South Park Estates, and the beforementioned 89.42 acre tract; THENCE S 28° 59' 25" W along the common line between the beforementioned 89.42 acre tract and South Park Estates, for a distance of 370.00 feet to the PLACE OF BEGINNING, containing 16.29 acres of land, more or less. COLLEGE STATION MARKETPLACE, L.P. by Special Warranty Deed with Vendor's Lien from Timothy J. Crowley dated October 3, 2007, recorded in Volume 8271, page 111, Official Records of 13razos County, Texas. SUBJECT TO: 1. LIENS: A. Deed of Trust with Security Agreement and Assignments dated October 3, 2007, executed by College Station Marketplace, LP to Mark A. Mesec, Trustee, securing one note of even date payable to Citibank, N.A., in the principal amount of $8,050,000.00, recorded in Volume 8274, page 126, Official Records of Brazos County, Texas. (with other property) B. Deed of Trust dated October 3, 2007, 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 8274, page 147, Official Records of Brazos County Abstract Company "More than 125 Years of Title Service" Brazos County, Texas, and as modified and extended by instrument recorded in Volume 9368, page 259, Official Records of Brazos County, Texas. (with other property) Collateral Assignment of Collateral Transfer of Note from Timothy J. Crowley to Lynn Goode Crowley, dated January 2, 2009, but is to be effective October 1, 2008, recorded in Volume 8958, page 159, Official Records of Brazos County, Texas. 2. ABSTRACT OF JUDGMENT/FEDERAL AND /OR STATE LIENS: 3. EASEMENTS: NONE OF RECORD Easement from United Four Joint Venture to the City of College Station, dated July 11, 1983, recorded in Volume 589, page 218, Deed Records of Brazos County, Texas. Right -of -Way Easement from United Four Joint Venture to General Telephone Company of the Southwest, dated February 3, 1984, recorded in Volume 650, page 69, Official 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. Easement from United Four Joint Venture to Seminole Pipeline Company, dated August 1, 1985, recorded in Volume 818, page 180, Official Records of Brazos County, Texas; Partial Release dated December 21, 1987, from Seminole Pipeline Company, recorded in Volume 1022, page 807, Official Records of Brazos County, Texas; Encroachment Agreement dated May 9, 2001, recorded in Volume 4152, page 127, Official Records of Brazos County, Texas; amendment dated April 25, 2003, recorded in Volume 5261, page 143, 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. Right -of -Way Agreement from Timothy J. Crowley to Seminole Pipeline Company, dated February 26, 2002, recorded in Volume 4555, page 294, Official Records of Brazos County, Texas. Pipeline Valve Easement from Timothy J. Crowley to Seminole Pipeline Company, dated April 25, 2003, recorded in Volume 5261, page 143, 5. OIL & GAS LEASES: Brazos County Abstract Company "More than 125 Years of Title Service" Official Records of Brazos County, Texas. Utility Easement from Timothy J. Crowley to City of College Station, Texas, dated May 7, 2003, recorded in Volume 5282, page 202, Official Records of Brazos County, Texas. Right Of Way Agreement from Timothy J. Crowley to Devon Gas Services, L.P., dated April 12, 2004, recorded in Volume 6096, page 229, Official Records of Brazos County, Texas; assigned to ETC Texas Pipeline, Ltd. in Volume 6881, page 64, Official Records of Brazos County, Texas. Terms and conditions as set forth in Declaration of Easements executed by College Station MarketPlace, L.P., dated November 9, 2009, recorded in Volume 9392, page 76, 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; subject to terms and conditions of surface conveyance/waiver contained therein. 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, 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 .1. 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. 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 Brazos County Abstract Company 6. RESTRICTIONS: NONE OF RECORD 7. TAXES: NOT SEARCHED 8. MISCELLANEOUS: "More than 125 Years of Title Service" dated October 17, 1995, recorded in Volume 2514, page 332 and corrected in Volume 9395, page 293, Official Records of Brazos County, Texas. Title to this lease has not been traced subsequent to the date of the above - cited instrument. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records, whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interests that are not listed. 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 TIIE PROPERTY ABOVE DESCRIBED, NOR AS TO TIIE VALIDITY OF ANY OF THE INSTRUMENTS REPORTED HEREIN, INCLUDING THE PURPORTED DEED(S) ESTABLISHING THE RECORD OWNERS) 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 TIIE 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