HomeMy WebLinkAboutTitle Report • • •
Brazos County Abstract Company
"More Than 140 Years of Title Service"
P.O. Box 4704 Phone: (979) 731 -1900 3800 Cross Park Drive
Bryan, Texas 77805 -4704 Fax: (979 713 -8352 Bryan, Texas 77802
Title Report Prepared
for
THE ELLISON FIRM
P. O. BOX 10103
COLLEGE STATION, TEXAS 77842
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Brazos County Abstract Company
"More than 140 Years of Title Service"
EFFECTIVE DATE: November 7, 2012 at 8 o'clock A.M.
PROPERTY DESCRIPTION:
Being all that certain 1.98 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 5,711 acre - Tract Two, described in the deed from Spring Creek CS Development, Ltd, to
College Station Marketplace, LP, recorded in Volume 6647, Page 207, of the Official Records of
Brazos County, Texas, and said 1.98 acre tract being more particularly described as follows:
BEGINNING at a lead plug and tack set in a sidewalk at the common corner between the
beforementioned 5.711 acre tract and a 1.36 acre tract described in the deed to College Station
Marketplace, LP, recorded in Volume 8437, Page 3, of the Official Records of Brazos County,
Texas, said lead plug and tack also lying in the northwest right -of -way line of Arrington Road -
80' wide right -of -way, as described in Volume 7800, Page 12, of the Official Records of Brazos
County, Texas;
THENCE N 43° 04' 06" W along the common line between the beforementioned 5.711 acre tract
and the 1.36 acre tract for a distance of 278.25 feet to a 1/2" iron rod and cap set;
THENCE N 45° 08' 31" E for a distance of 293.78 feet to a 1/2" iron rod and cap set in the
centerline of a proposed 40' wide private access and public utility easement;
THENCE S 44° 59' 13" E along the centerline of the beforementioned proposed 40' wide private
access and public utility easement, for a distance of 265.11 feet to a 1/2" iron rod and cap set in
the proposed northwest right -of -way line of the beforementioned Arrington Road right -of -way
Dedication;
THENCE along the proposed northwest right -of -way line of the Arrington Road right -of -way
Dedication, as follows:
N 45° 08' 31" E for a distance of 208.49 feet to a 1/2" iron rod and cap set,
N 56° 29' 11" E for a distance of 56.43 feet to a 1/2" iron rod and cap set in the transition curve
between State Highway No. 6 and the beforementioned Arrington Road - 80' wide right -of -way,
having a radius of 40.00 feet;
THENCE along the northwest right -of -way line of the beforementioned Arrington Road - 80' wide
right -of -way, as follows:
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B razos County Abstract Company
"More than 140 Years of Title Service"
Southwesterly along said transition curve, for an arc distance of 12.38 feet to a 1/2" iron rod and
cap set,
S 45° 08' 31" W at a distance of 251.61 feet pass a 1 /2" iron rod and cap set at the east corner of
the proposed Lot 1, Block 1 - 1.91 acres, continue on, for a total distance of 554.71 feet to the
PLACE OF BEGINNING, containing 1.98 acres of land, more or less.
TITLE APPEARS TO BE VESTED IN:
COLLEGE STATION MARKETPLACE L.P.
By Warranty Deed 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 287, Official Records of
Brazos County, Texas.
Collateral Transfer of Note from Timothy J. Crowley to Lynn Goode, dated
October 19, 2009, but is to be effective February 10, 2010, recorded in
Volume 9497, page 105, Official Records of Brazos County, Texas.
B. Deed of Trust, Security Agreement, Assigmnent 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.
C. Deed of Trust dated April 26, 2011, 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
$914,697.32, recorded in Volume 10139, page 73, Official Records of
Brazos County, Texas.
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4 Brazos County Abstract Company
"More than 140 Years of Title Service"
2. ABSTRACT OF JUDGMENT/FEDERAL AND /OR STATE LIENS:
NONE OF RECORD
3. EASEMENTS: Right -of -Way Easement from Dwayne L. Rhea et ux to The City of Bryan,
Texas, dated February 26, 1981, recorded in Volume 479, page 278, Deed
Records of Brazos County, Texas.
Joint Utility Easement from Dwayne L. Rhea et ux to City of College
Station, dated September 1, 1983, recorded in Volume 600, page 60,
Official Records of Brazos County, Texas.
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.
4, OUTSTANDING MINERALS AND /OR ROYALTIES:
Interest in and to all coal, lignite, oil, gas and other minerals, and all rights
incident thereto, contained 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. Reference to which
instrument is here made for particulars. No further search of title has bee
made as to the interest(s) evidenced by this instrument, and the Company
makes no representation as to the ownership or holder of such interest(s).
Interest in and to all coal, lignite, oil, gas and other minerals, and all rights
incident thereto, contained 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. Reference to which instrument is here made for particulars.
No further search of title has bee made as to the interest(s) evidenced by
this instrument, and the Company makes no representation as to the
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Brazos County Abstract Company
"More than 140 Years of Title Service"
ownership or holder of such interest(s).
Interest in and to all coal, lignite, oil, gas and other minerals, and all rights
incident thereto, contained 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. Reference to
which instrument is here made for particulars. No further search of title has
bee made as to the interest(s) evidenced by this instrument, and the
Company makes no representation as to the ownership or holder of such
interest(s).
5. OIL & GAS LEASES:
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 Dwayne L. Rhea et ux to Clayton
W. Williams, Jr., dated May 6, 1981, recorded in Volume 39, page 303,
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 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: Volume 9497, page 180, Volume 10036, page 24 and Volume 10329, page
215, Official Records of Brazos County, Texas.
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Brazos County Abstract Company
"More thau 140 Years of Title Service"
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 Declaration of
Supplemental Easements, Covenants and Restrictions executed by College
Station MarketPlace, LP, dated February 16, 2011, recorded in Volume
10036, page 24 and Volume 10329, page 215, Official Records of Brazos
County, Texas.
Maintenance charge as set forth in the Declaration of Supplemental
Easements, 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.
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 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 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 CITY BANK. 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
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4* Brazos County Abstract Company
"More than 140 Years of Title Service"
AVAILABLE THROUGH THE APPLICABLE PROMULGATED POLICY{IES), AND AT A
SPECIFIED RATE PREMIUM.
BRAZOS COUNTY ABSTRACT COMPANY
BY: / i V C : 1 , . )_ o ' ) )
LISA KEMP
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