HomeMy WebLinkAboutFPCM2015-900082FOR OFFICE USE ONLY
CASE NO.: ., 5 -~z,
DATE SUBMITTED : 03 / ljf) 5
TIME : I\". 00 Cn'Y OF COLLEGE STATION
Homt DfTtxm A6-M UniPmity' STAFF: ..... A ..... J~------
FINAL PLAT APPLICATION
(Check one) 0 Minor
($700)
D Amending
($700)
~Final
($932)
0 Vacating
($932)
0Replat
($932)
Is this plat In the ETJ? O Yes (81 No Is this plat Commercial ~ or Residential D
MINIMUM SUBMITTAL REQUIREMENTS:
~ $700-$932 Final Plat Application Fee (see above).
D $233 Waiver Request to Subdivision Regulations Fee (if applicab le).
1 $600 (minimum) Development Permit Application I Public Infrastructure Rev iew and Inspection Fee. Fee is
1 % of acceptable Engineer's Estimate for public infrastructure , $600 minimum (if fee is > $600, the balance is
due prior to the issuance of any plans or development permit).
!XI Application completed In full. This application form provided by the City of College Station must be used and
may not be adjusted or altered . Please attach pages if additional information is provided .
!XI Six (6) folded copies of plat. (A signed mylar original must be submitted after approval.)
0 Two (2) copies of the grading, drainage, and erosion control plans with supporting drainage report.
D Two (2) copies of the Public infrastructure plans and supporting documents (if applicable).
0 Copy of original deed restr ictions/covenants for replats (if applicable).
~ Title report for property current within ninety (90) days or accompanied by a Nothing Further Cert ificate
current within ninety (90) days. The report must include applicable information such as ownership, liens,
encumbrances , etc.
~ Paid tax certificates from City of College Station, Brazos County and College Station l.S.D.
~ The attached Final Plat checklist with all items checked off or a brief explanation as to why they are not.
NOTE: A mylar of the approved preliminary plan must be on file before a final plat application w ill be considered
complete. If the mylar is submitted with the final plat application, it shall be considered a submittal for the
preliminary plan project and processed and rev iewed as such . Until the mylar has been confirmed by staff
to be correct, the final plat application will be considered incomplete.
Date of Optional Preapplication or Stormwater Management Conference
NAME OF PROJECT SecurCare Self Storage
ADDRESS 4074 Texas 6 Frontage Road, College Station, Tx 77845
SPECIFIED LOCATION OF PROPOSED PLAT:
Along southbound Highway 6 frontage road between Bridle Gate Dn've and Eagle Avenue
APPLICANT/PROJECT MANAGER'S INFORMATION (P rimary contact for the project):
Name David Schultz E-mail davidschultz6@gmail.com ------------------
Street Address 9226 Teddy Lane
City Lone Tree State CO
--------~
Zip Code _8_01_2_4 ___ _
Phone Number 303-807-2399 Fax Number
~---~----------~
Revised 4/14 Page 1 of9
PROPERTY O~l)IER'~ INFORMAT.ION (All owners {11JJ$t b~ identified . Please attach an add itiona l sheet for multiple
owners): /'Y?2.~d;p~-G ~-f-C/Q ri;)L ,-/T¥-~//c1-/-e5
Name /-112. k 0_ /Vt.'R.c/hayE /~ E~mai l A~.rcto151e o@.s-ec ;t1/"c4 /'e~ ,1Je.f-
street Address .!"J .2 O D DIG fh.t l::, u.;<J:!f; ,::SH , t f.... .2 OC:.)
City Gre.cn w c r-d.. j/,//a re-. State Co Zip Code /jt )l /J
Phone Number 'Zc)C -u~3C> ·-s_) &.·J .3 Fax Number 7dC ~ h.3D --,.;/ ft.-.c:;(c.,
ARCHITECT OR ENGINEER'S INFORMATION :
Name McClure & Browne Engineering E-mail jeffr@mcclurebrowne .com
Street Address 1008 Woodcreek Drive
City Cof/ege Station State Tx --------Zip Code _7_78_4_5 ___ _
Phone Number 979-693-3838 Fax Number -----------------
Do any deed restrictions or covenan ts exist for this property? 0 Yes ~ No
Is there a temporary blanket easement on this property? If so , please provide the Volume ____ and Page No. __ _
Total No . of Lots 2 ------R-0-W Acreage _O ______ _ Total Acreage _5_.7_8_8 _______ _
Existing Use _s_e_lf_S_to_,.,_ag_e _________ _ Proposed Use _S_e_lf_S_to_,-,_ag=-e ___________ _
Number of Lots By Zoning District 2 I GC I
Average Acreage Of Each Residentia l Lot By Zoning District:
___ / __ _
F~od~a i nAcreage _o _________________________________ ~
Is there Special Flood Hazard Area (Zone A or Zone AE on FEMA FIRM panels) on the property? Q Yes IX No
This information is necessary to help staff Identify the appropriate standards to review the application and will be used to
help determine if the app lication qualifies for vesting to a previous ordinance . Notwithstanding any assertion made,
vesting is limited to that wh ich is provided in Chapter 245 of the Texas Local Government Code or other applicable law.
Is this application a continuation of a project that has received prior City platting approval(s) and you are requesting the
application be reviewed under previous ordinance as applicable?
[J Yes
igj No
If yes , provide information regarding the first approved application and any related subsequent applications (provide
additional sheets if necessary):
Project Name :
City Project Number (if known):
Date I Timeframe when submitted:
Revised 4/14 Page 2 of9
A statement addressing any differences between the Final Plat and Preliminary Plan (if applicable):
Requested waiver to subdivision regulations and reason for same (if aoolicable):
Regarding the waiver request, explain how:
1 . There are special circumstances or condit ions affecting the land involved such that strict application of the
subdivision regulations will deprive the applicant of the reasonable use of his land .
2. The waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant.
3. The granting of the waiver will not be detrimental to the public health , safety , o r welfare. or injurious to other
property in the area , or to the City in adm inistering subdivision regulations .
4 . The granting of the wa iver will not have the effect of preventing the orderly subd ivision of other land in the area in
accordance with the provisions of the Unified Development Ordinance.
Fee in lieu of sidewalk construction is being requested because of the following condition (If applicable):
1. O An a lternative pedestrian way or multi-use path has been or will be provided outside the right-of-way ;
2 . [J The presence of un ique or unusual topographic, vegetative , or other natural conditions exist so that strict
adherence to the sidewalk requirements of the UDO is not physically feasible or is not in keeping with the
purposes and goals of the UDO or the City's comprehensive Plan;
3. C A cap ital improvement project is imminent that will include construction of the required sidewalk . Imm inent shall
mean the project is funded or projected to commence within twelve (12) months;
4 . O Existing streets constructed to rural section that are not identified on the Thoroughfare Plan with an estate I
rural context ;
5. O When a sidewalk is required along a street where a multi-use path is shown on the Bicycle, Pedestrian, and
Greenways Master Plan;
Re vised 4/14 Pag e 3 of9
6. 0 The proposed development is within an older residential subdivision meeting the criteria in Platting and
Replatting within Older Residential Subdivisions Section of the UDO; or
7. fgj The proposed deve lopment contains frontage on a Freeway I Expressway as designated by Map 6.6,
Thoroughfare Plan -Functional Classification, in the City's Comprehensive Plan.
Detailed explanation of condition identified above:
NOTE: A waiver to the sidewalk requirements and fee in lieu of sidewalk construction shall not be cons idered at the
same time by the Planning & Zoning Commiss ion .
Requested Oversize Participation
Total Linear Footage of
Proposed Public:
__ O_streets
0 Sidewalks
0 Sanitary Sewer Lines
0 Water Lines
0 Channels
0 Storm Sewers
0 Bike Lanes I Paths
Parkland Dedication due prior to filing the Final Plat:
ACREAGE :
___ No . of acres to be dedicated+$ ____ development fee
___ No. of acres in floodplain
___ No . of acres in detention
___ No. of acres in greenways
OR
FEE IN LIEU OF LAND:
__ No. of SF Dwelling Units X $ = $ ---------
____ (date) Approved by Parks & Recreation Advisory Board
NOTE: DIGITAL COPY OF PLAT MUST BE SUBMITTED PRIOR TO FILING.
The applicant flas prepared this application and certifies that the facts stated herein and exhibits attached hereto are
true, correct, and complete. IF THIS APPL/CATION IS FILED BY ANYONE OlHER THAN THE OWNER OF THE
PROPERTY, this appflcation must be accompanied by a power of attorney statement from the owner. ff there is more
than one owner, all owners must sign the application or the power of attorney. If the owner is a company, the applicaUon
must be accompanied by proof of authority for the company's representative to sign the application on its behalf. LIEN
HOLDERS identified in the title report are also considered owners and the appropriate signatures must be provided as
described above.
Date
Revised 4/14 Page 4 of9
CERTIFICATIONS REQUIRED FOR ALL DEVELOPMENT
Owner Certification:
1. No work of any ki nd may start until a permit is issued.
2. The perm it may be revoked if any false statements are made here in .
3 . If revoked, all work must cease until permit is re-issued .
4 . Development sha ll not be used or occupied until a Certificate of Occupancy is issued .
5 . The permit will expire if no significant work is progress ing with in 24 months of issuance .
6 . Other permits may be required to fulfill local, state , and federal requirements . Owner will obta in or show
compliance with all necessary State and Federa l Permits prior to construction including NOi and SWPPP .
7 . If required, Elevation Certificates will be provided w ith elevations certified during construction (forms at slab pre-
pour) and post construction.
8 . Owner hereby gives consent to City representatives to make reasonable inspections requ ired to verify
compliance .
9 . If. stormwater mitigation is required, including detention ponds proposed as part of this project, it shall be
des igned and constructed first in the construction sequence of the project.
1 O. In accordance with Chapter 13 of the Code of Ordinances of the City of College Stat ion , measures shall be taken
to insure that all debris from construction, erosion, and sedimentation shall not be deposited in city st reets , or
existing drainage facilities. A ll development shall be in accordance w ith the plans and specffications submltted to
and approved by the City Engineer for the above named project. All of the applicable codes and ordinances of the
City of College Station shall apply .
11 . The information and conclusions contained in the attached plans and supporting documents wi ll comply w ith the
current requirements of the City of College Station , Texas City Code, Chapter 13 and associated BCS Unified
12 .
13.
Design Guidelines Technical Specifications, and Standard Deta il s. All development has been designed in
accordance with all applicable codes and ordinances of the City of College Station and State and Federal
Regulations . ·
Release of plans to (name or firm) is authorized fo r bidding purposes
only . I understand that final approval and release of plans and development for co nstruction is contingent on
contractor signature on approved Development Permit.
I, THE OWNER, AGREE TO AND CERT IFY THAT ALL STATEMENTS HEREIN , AND IN A TTAC HMENTS FOR
THE EVELOPM ENT PERMIT APPLJCATION , AR E, TO THE BES T OF MY KNOWLEDGE , TRUE , AND
AC U TE ZJ.-
Date
Engineer Certification:
1. The project has been designed to ensure that stormwater mitigation , including detention ponds, proposed as part
of the project will be constructed first in the construction sequence .
2. I will obtain or can show compl iance with all necessary Local, State and Federa l Permits prior t o construction
includ ing NOi and SWPPP. Design will not p reclude compliance with TPDES : i.e ., projects over 10 acres may
requ ire a sed imentation basin .
3 . The information and conclus ions conta ined in the attached plans and supporting documen ts comply with the
current requirements of the City of College Station, Texas City Code, Chapter 13 and assoc iated BCS Unified
Design Guidelines . All development has been designed in accordance with all applicable codes and ordinances
of the City of College Station and State and Federal Regulations .
4 . I, THE ENGINEER, AGREE TO AND CERTIFY THAT ALL STATEMENTS HEREIN, AND IN ATTACHMENTS
FOR THE DEVELOPMENT PERMIT APPLICATION, ARE, TO T HE BEST OF MY KNOWLEDGE, TRUE, AND
ACC RATE .
1-l.3-1£
Date
Revi sed 4/14 Pa ge 5 of 9
The following CERTIFICATIONS apply to devel opment in Special Flood Hazard Areas.
Required for Site Plans, Final Pl ats, Construction Plans, Fill/ Grading Pennits, and Clearing Only
Permits:*
A. I, r )O'ff't.'1\ L · hbt'fl.i~,tJ certify, as demonstrated in the attached dra inage study, that the
~or development covered by this permit, shall not:
(i) increase the Base Flood elevation;
(ii) create additional areas of Special Flood Hazard Area;
(iii) decrease the conveyance capacity to that part of the Special Flood Hazard Area that is not in the floodway
and where the velocity of flow in the Base Flood event is greater than one foot per second. This area can
also be approximated to be either areas within 100 feet of the boundary of the regulatory floodway or
areas where the depth of from the BFE to natural ground is 18 inches or greater;
{iv) reduce the Base Flood water storage volume to the part of the Special Flood Hazard Area that is beyond
the floodway and conveyance area where the velocity of flow in the Base Flood is equal to and less than
one foot per second without acceptab le compensation as set forth in the City of College Station Code of
Ordi nances, Chapter 13 concern in g encroachment into the Special Flood Hazard Area ; nor
(v) increase Base Flood velocities .
In itial
D * If a platting-status exemption to this requ irement is asserted, provide written justification under separate
letter in lieu of certification .
Required for Site Plans, Final Plats, Construction Plans, and Fill/ Grading Permits:
B. I, , certify to the following :
(i) that any nonresidential or multi-family structure on or proposed to be on this site as part of this application is
designed to prevent damage to the structure or its contents as a result of flooding from the 100-year storm.
Engineer Date
Additional certification for Floodway Encroachments:
C . I, ----------------· certify that the construction, improvement. or fill covered by this
permit shall not increase the base flood elevation . I will apply for a variance to the Zoning Board of Adjustments .
Enginee r Date
Revised 4/14 Page 6 of 9
Required for all projects proposing structures in Special Flood Hazard Area (Elevation Certificate
required).
Residential Structures :
D . I, , certify that all new construction or any substantial improvement
of any residential structure shall have the lowest floor, including all utilities, ductwork and any basement, at an
elevation at least one foot above the Base Flood Elevation. Required Elevation Certificates will be provided with
elevations certified during construction (forms at slab pre -pour) and post construction .
Engineer I Surveyor Date
Commercial Structures:
E. I, ---------------- , certify that all new construction or any substantial improvement
of any commercial, industrial, or other non-residential structure are designed to have the lowest floor, including all
utilities, ductwork and basements, elevated at least one foot above the Base Flood Elevation
Engineer I Surveyor Date
OR
I, , certify that the structure w ith its attendant utility, ductwork,
basement and sanitary facilities is designed to be flood-proofed so that the structure and utilfties , ductwork,
basement and sanitary facilities are designed to be watertight and i mpermeable to the intrusion of water in all
areas below the Base F lood Elevation, and shall resist the structural loads and buoyancy effects from the
hydrostatic and hydrodynamic conditions .
Required Elevation Certificates will be provided with elevations certified during construction (forms at slab pre-
pour) and post construction .
Engineer I Surveyor Date
Conditions or comments as part of approval :
Revised 4/14 Pag e 7 of 9
Existing
[R]
FINAL PLAT MINIMUM REQUIREMENTS
(ALL CITY ORDINANCES MUST BE MET)
INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
(Requirements based on field survey and marked by monuments and markers.)
[R] Drawn on 24" x 36" sheet to scale of 100' per inch .
[8] Vicinity map which includes enough of surrounding area to show general location of subj ect property in
relationsh ip to College Station and its City Limits . No scale required but include north arrow .
[8] Title Block with the followi ng information:
[8] Name and address of subdivider, recorded owner, planner, engineer and surveyor.
[R] Proposed name of subdivision. (Subdivision name & street names will be approved through Brazos
County 911.)
[R] Date of preparation .
[8] Engineer's scale in feet.
[R] Total area intended to be deve loped.
[R] North Arrow.
[8] Subdivision boundary indicated by heavy lines .
[8] If more than 1 sheet, an index sheet showing entire subdivision at a scale of 500 feet per inch or
larger.
[R] All appl icable certifications based on the type of final plat.
~ Ownership and Dedication
[R] Surveyor and/or Engineer
0 C ity Engineer (and City Planner, if a minor plat)
[gj Plann ing and Zoning Commission (delete if minor plat)
[R] Brazos County Clerk
0 Brazos County Commissioners Court Approval (ET J Plats only)
0 If submitting a replat where there are existing improvements, submit a survey of the subject property
showing the improvements to ensure that no encroachments will be created .
0 If using private septic systems, add a general note on the plat that no private sewage facility may be
installed on any lot in this subdivision without the issuance of a license by the Brazos County
Health Un it under the provisions of the private facility regulations adopted by the Commissione r's
Court of Brazos County, pursuant to the provisions of Section 21 .084 of the Texas Wate r Code .
0 Location of the 100-Year Floodplain and floo dway , if applicable, accord ing to the most recent available
data .
[8] Lot corner markers and survey monuments (by symbol) and clearly tied to basic survey data .
~ Matches the approved preliminary plan or qual ifies as minor amendments (UDO Section 3 .3.E.2).
[R] The location and description with accurate d imensions , bearings or deflection angles and rad ii, area, center
angle, deg ree of curvature, tangent distance and length of all curves for all of the
following : (Show existing items that are intersecting or contiguous with the boundary of or forming a
boundary with the subdivision, as well as , those within the subdivision).
Proposed
D
D
D
Streets . Continuous or end in a cul -de-sac, stubbed out streets must end into a temp
turn around unless they are shorter than 100 fee t.
Public and private R .O .W . locations and w idths. (All existing and proposed R.O .W.'s
sufficient to meet Thoroughfare Plan .)
Street offsets and/or intersection angles meet ordi nance.
Revi se d 4/14 Page 8 of9
Existing Proposed
0
~
~
[g]
Alleys .
Easements .
A number or letter to identify each lot or site and each block (numbered sequentially).
Parkland dedication/greenbelt area/park linkages . All proposed dedications must be
rev iewed by the Parks and Recreation Advisory Board and documentation of their
recommendation provided prior to being scheduled for P&Z Commission consideration.
0 Construction documents for all public infrastructu re drawn on 24" x 36" sheets and properly
sealed by a Licensed Texas Professional Eng ineer that include the following:
D
D
0
D
D
D
Street, alley and sidewalk plans , profiles and sections. One sheet must show the overall
street, alley and/or sidewalk layout of the subdivision . (may be combined with other
utilities).
Sewer Design Report.
San itary sewer plan and profile showing depth and grades.
overall sewer layout of the subdivision . (Utilities of sufficient
master plan and any future growth areas .)
Water Design Report and/or Fire Flow Report.
One sheet must show the
size/depth to meet the utility
Water line plan showing fire hydrants , valves, etc . with plan and profile lines showing
depth and grades . One sheet must show the overall water layout of the subdivision.
(Utilities of sufficient size/depth to meet the utility master plan and any future growth
areas .)
Storm drainage system plan with contours, street profile , inlets, storm sewer and
drainage channe ls , with profiles and sections. Drainage and runoff areas, and runoff
based on 5, 10, 25 , 50 and 100 year rain intensity . Detai led drainage structure design,
channel lining design & detention if used . One sheet must show the overall drainage
layout of the subdivision .
D Detailed cost estimates tor all pub lic infrastructure li sted above sealed by Texas P .E .
D Letter of completion for public infrastructure or guarantee I surety in accordance with UDO
Section 8.6 .
D Drainage Report with a Technical Design Summary .
D Erosion Contro l Plan (must be included in construction plans).
lg) All off-site easements necessary for infrastructure construction must be shown on the final plat with a
volume and page listed to indicate where the separate instrument easements were filed .
Separate instrument easements must be provided in recordable form to the City prior to being scheduled
for P&Z Commission consideration .
[g] A re there impact fees associated with this development? D Yes [gj No
Impact fees must be paid prior to building permit.
lg) Will any construction occur in TxDOT rights-of-way? D Yes [gj No
If yes, TxDOT permit must be submitted along with the construction documents .
NOTE: 1. We will be requesting the corrected Final Plat to be submitted in digital form if available prior to filing
Revised 4114
the plat at the Courthouse .
2. If the construction area is greater than 5 acres, EPA Notice of Intent (NOi) must be submitted prior to
issuance of a development permit.
I, Print Porrp · · 1
Paga 9 of 9
Executi on Version
AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT
OF
NATIONAL STORAGE AFFILIATES HOLDINGS, LLC
Dated as of June 20, 2013
The limite d li ability company interests in Natio nal Storage Affi liates Holdings, LLC are subject to the
re stricti ons on transfe r and other terms an d cond iti o ns set fort h in this li mited li abi li ty co mp any
agreement. Such interests have been ac quire d for investment and have not been reg istered under any state
sec uri ties laws or under the United States Securities Act of 1933 , as ame nd ed (the "Securiti es Act").
Neither the interests, nor any part thereof, may be offered for sale, pl edged , hy poth ecated, so ld , assigned
or tran sferre d at any time except in co mpli an ce with the terms a nd conditions of this agreement and , to
th e extent the Interests co nstitute "sec uriti es" under the Sec uri ties Act, (1) pursuant to an exempt ion from ,
or in a transact io n not s ubj ect to , the registration requirements under the Sec uriti es Act or (2) pursuant to
an effective re gistrat io n statement under the Securiti es Act, in each case in accordance with any
applicable sec ur ities laws of any state of the United States .
AMR-409736 -v7B 80-4 054627 5
TABLE OF CONTENTS
ARTICLE 1 DEFINITIONS ..................................................................................................................... 1
l . l Definitions ................................................................................................................................ l
1.2 Terms Genera ll y ........................................................................................................................ 5
ARTICLE 2 THE COMP ANY AND ITS BUSINESS ............................................................................ 5
2.1 Formation of the Company ....................................................................................................... 5
2.2 Comp any Name ........................................................................................................................ 5
2.3 Members ................................................................................................................................... 6
2 .4 Term .......................................................................................................................................... 6
2.5 F ilin g of Certificate and Amendme nt s ...................................................................................... 6
2.6 Business: Scope of Members' A uth or ity .................................................................................. 6
2.7 Principal Office; Regi stered Agent. .......................................................................................... 6
2.8 Names and Addresses of t he Members ..................................................................................... 7
2.9 Representations and Covenants by the Members ..................................................................... 7
ARTICLE 3 MANAGEMENT OF COMP ANY BUSINESS; THE BOARD; CHIEF
EXECUTIVE OFFICER AND OTHER OFFICERS ................................................................ 9
3 .1 Management by Chief Exec utive Officer. ................................................................................ 9
3.2 No Assignme nt of Rights .......................................................................................................... 9
3 .3 Board Composition ................................................................................................................... 9
3 .5 Board Meetin gs; Quorum ; Notice of Meeti n gs; Writte n Consents. .. ................................... 10
3.7 Company Acts ......................................................................................................................... 11
3 .8 Compensation ......................................................................................................................... 11
3 .9 Officers ................................................................................................................................... 11
3 .10 Exculpation ; Indemnification .................................................................................................. 11
ARTICLE 4 RIGHT S AND DUTIES OF MEMBERS ......................................................................... 13
4.1 Compensatio n of Members and T he ir Affi li ates ..................................................................... 13
4.2 Use of Co mp any Assets .......................................................................................................... 13
4.3 L imited L iability of Me mb ers ................................................................................................. 13
4.4 Waiver of F idu c iary Duties ..................................................................................................... 13
ARTICLE 5 REPORTS; BOOKS AND RECORDS ............................................................................ 13
5.1 Tax Year. ................................................................................................................................ 13
5 .2 Banking ................................................................................................................................... 13
5 .3 Books of Acco unt. .................................................................................................................. 13
5.4 Tax Elect ion s .......................................................................................................................... 13
5.5 Tax Matters Partner ................................................................................................................. 14
ARTICLE 6 CAPITAL CONTRIBUTIONS, LOANS AND LIABILITIES ...................................... 14
AM R-409736-v7B -1 -80-40546275
.. , .
Exhibit A
Instrument of Accession
The undersigned , , as a condition precedent to
becoming the owner or holder of record of an Interes t of ational Storage Affi li ates Holdings, LLC, a
Delaware limited liability company (the "Company"), hereby agrees to become a Member under, party to
and bound by that certain Limited Liabi li ty Company Agreement dated as of
------------, as amended from time to time (the "Agreement") by and among the
Company, the Members of the Com pany and the other signatories thereto. This Instrument of Accession
s hall take effect and shall become an integral part of the said Agreement immediately upon execution and
delivery to the Company of this Instrument.
IN WITNESS WHEREOF , the und ers ig ned has caused thi s INSTRUMENT OF
ACCESSION to be signed as of the date below written.
Signature: ________________ _
Address: ________________ _
Date : __________________ _
Accepted:
By: _______________ _
Date: __________________ _
AM R-409736-v7B 80-40546275
GF No.: 150155
Examiner: Angela Bankston
Effective D ate: December 21, 2014
STATE OF TEXAS
COUNTY OF BRAZOS
NOTHING FURTHER CERTIJ?ICATE
THIS IS TO CERTIFY : That we have examined the records of th e Co unty Clerk of Brazos
County, Texas as they are reflected in the geographically in dexed title plant of Univ ersi ty Title
Company as to the following property, to-w it:
Tract One:
All that certain Lot tract or parcel of land being 5.79 acres situated in the ROBERT
STEVENSON LEAGUE, Abstract No. 54, B razos County, Texas, and being out of an d a
part of the remainder of a called 21.00 acre tract of land being the remainder of a called
21.96 acre tract of land conveyed to the J. K. Development, L.L.P, by Deed filed for record
in Volume 2539, Page 71 of the Official Records of Brazos County, Texas, (O.R.B .C.T.);
said 5.79 acre tract of land being the front 665 fee t average, more or less, abutting State
Highway No. 6 of said called 21.00 acre tract of land and said called 21.96 acre tract of lan d
and being more particularly descri bed b y metes and bounds as follows:
BEGINNING at a fence corner found for Southeast corner at the Southeasterly corner, as
occupied, of said remainder of the called 21.00 acre tract of land and said remainder of the
called 21.96 acre tract of land, same being th e Northeast corner, as occupied, of the Peyton
Waller called 22.8 acre tract as descri be d in V olume 327, Page 90 of the Deed Records of
Brazos County, Texas (D.R.B.C.T .), same being a point in the Southwesterly right-of-way
line of State Highway No. 6 (Texas Avenu e);
THENCE : S 51° 21' 00" W, generally along an exis t ing fence with the Southerly line of said
called 21.00 acre and said called 22 .8 acre Pey ton Walter t ract of land, as occupied, a t
402.30 feet pass ing a Fnd. 1/2" iron rod, in all a distance of 673.32 et to a 1/2" iron rod set
for the Southwest corner;
THENCE: N 34° 28' 43" W, leaving said Southerly line of the called 21.00 acre and said
called 21.96 acre tracts of land and said Northerly line of th e called 22.8 acre Peyton Waller
tract of land, and with a line acro ss and through the interi or of said called 21.00 acre and
said called 21.96 acre tracts of land, a dista nce of 406 .16 feet to a 112" iron rod set for
Northwest corner in a fen ce line being t he most Easterly No rth line of said called 21.00 acre
and said called 21.96 acre tracts of land, a s occupied, and t he Southerly line of a called
11.965 acre tract of land conveyed to Bob Griffin b y Deed of r ec ord in Volume 240, Page 77
(D.R.B.C.T.);
THENCE: N 55° 19' 17" E, leaving said lin e though the int,erior of the called 21.00 acre
and said called 21.96 acre tracts of land, and with said most Easterly North line of the
called 21.00 acre and said called 21.96 acre t r act of land a nd said Southerly line of the
called 11.965 acre Bob Griffin tract of land, as occupied, generally along a fence line, at
271.26 feet passing a Fnd. 112" iron rod, in a ll a distance of654.10 feet to a fence corner
found for Northeast corner at the Nort heast erly corner of said remainder of the called
21.00 acre and said remainder of the called 21.96 acre t ract of land, same being the
Southeasterly corner of said called 11.965 acre Bob Griffin tract of land, same also being a
point in the aforesaid Southwesterly r ight-of-way line of State Highway No. 6 (Texas
Avenue); and
THENCE: along said Southwesterly right-of-way line, as occupied, of State Highway No. 6
(Texas Avenue), and the Easterly line of said remainder of the called 21.00 acr e and said
remainder of the called 21.96 acre tract of land, generally along a fence line, S 31 ° 21' 22"
E 103.50 feet to a 1/2" iron rod found for angle point and S 39° 37' 47" E -247.18 feet to a
fenc e corner found for the POINT OF BEGINNING a nd containing an area of 5.79 acres of
land, more or less.
SA VE AND EXCEPT:
Being all that cert ain tract or parcel of land lying and being situated in the ROBERT
STEVENSON SURVEY, Abstract No. 54 in C ollege Station , Brazos County, Texas and
being part of the called 5.79 acre t ract described in the Deed from Kenneth L. Neatherlin
and James R. Jackson to SecurCare Prop erties X, Ltd. reco rded in Volume 3397, Page 248
of the Official Records of Brazos County, Tex as (O .R.B.C .) and being more particularly
described by metes and bounds as follows:
BEGINNING: at a fence corner post marking the most Easterly corner of the called 5.79
acre tract, the East corner of this tract, th e North corner of the called 22.8 acre Peyton
Waller tract described in Volume 327 , Page 9 0 of the Braz os County Deed Records
(B.C.D.R.) and being in the Southwest margin of the v ariable width State Highway No. 6
right -of-way commonly known a s Earl Rudder Freeway);
THENCE: S 44° 05' 11" W along the Southeast line of the called 5.79 acre tract, said line
also being the Northwest line of the said 22 .8 acre Peyt on Waller tract and approximately
along a wire fence line for a distance of 673.32 feet (called S 51 ° 21' 00" W -673.32 feet) to
a set 1/2-inch iron rod near a fence corner post for th e most Southerly corner of this tract
from whence an 8-inch fence corner post marking the We t corner of the called 21.00 acre
J.K. Development LLP tract bears S 44° 05' 11" W at a d is tance of 748.90 feet for
reference;
THENCE: N 41 ° 3' 31" W along the Northw est line of the called 5.79 acre tract, said line
being approximately along a chain link fence line fo r a di stance of 407.00 feet (called N 34 °
28' 45" W -406.16 feet) to a 1/2-inch iron rod set for corn er, said iron rod being in the
Southeast line of the Oakwood Custom Homes Group Ltd. r emainder tract described in
Volume 4475 , Page 82, (0.R.B.C.);
THENCE: N 48 ° 11' 00" E along the said Southeast line of the Oakwood Custom Homes
Group Ltd. remainder tract, at 66.66 feet pass a found 112-inch iron rod marking the South
corner of Lot 5, Block One, Bridle Gat e Estates, Phase O n e Subdivision as recorded in
Volume 3744, Page 49 (O.R.B.C.), continue along sa id line for a total distance of 271.02 feet
to a set 112-inch iron rod for corner;
THENC E : S 41 ° 30' 38" E into the interior of the called 5.79 acre tract for a distance of
211.34 feet to a set 112-inch iron rod for corner;
THENCE: N 47 ° 51' 19" E for a distance of 387.42 feet t o a set 112-inch iron rod for corner,
said iron rod also being in the beforementioned Southwest margin of State Highway No. 6;
and
THENCE: S 46 ° 45' 11" E (called S 39° 37' 4 7" E) al ong said State Highway No. 6 line for
a distance of 150.33 feet to the POINT OF B E GINNIN G a n d containing 3.946 acres of land,
more or less.
Tract Two:
Being all that certain tract or parcel o f land lying and b eing situated in the ROBERT
STEVENSON SURVEY, Abstract No. 54 in College Station , Brazos County, Texas and
being part of the called 5.79 acre tract de cribed in the D eed from Kenneth L. Neatherlin
and James R. Jackson to Secu r Care P r operti es X, Ltd. recorded in Volume 3397 , Page 248
of the Official Records of Brazos Co un ty, Tex as (O.R.B.C .) a n d being more particul arly
described by metes and bounds as follows :
BEGINNING: at a fence corner post marking the most Easterly corner of the called 5.79
acre tract, the East corner of this tract, the N orth co rner of the called 22.8 acre Peyton
Waller tract described in Volume 327 , Page 9 0 of t he Brazo s County Deed Records
(B.C.D .R.) and being in the Southwest margin of the v aria ble width State Highway No. 6
right -of-way commonly known a s Earl Rudder Freeway);
THE NCE : S 44 ° 05 ' 11" W along the S outhea st line of the called 5.79 acre tract, said line
also being the Northwest line of the said 22.8 acre P eyton W aller tract and approximately
along a wire fence line for a distance of 673.32 fee t (called S 51° 21' 00" W -673.32 feet) to
a set 112-inch iron rod near a fence corner post for th e m o t Southerly corner of this tract
from whence an 8-inch fence corner post marking the West corner of the called 21.00 acr e
J.K. Development LLP tract bears S 44 ° 05 ' 1 1 " W at a d istance of 748.90 fee t for
reference;
THENCE: N 41 ° 3' 31" W along t he Northwest line of the called 5.79 acre tract, said line
being approximately along a chain link fence line for a d is tance of 407.00 feet (called N 34°
28' 4 5" W -406.16 feet) to a 112 -inch iron rod set fo ir corner, said iron rod being in the
Southeast line of the Oakwood Custom Homes Group Ltd. remainder tract described in
Volume 4475 , Page 82, (0.R.B.C.);
THENCE: N 48° 11' 00" E along the said Southeast line of the Oakwood Custom Homes
Group Ltd. remainder tract, at 66.66 feet pass a found 1/2-inch iron rod marking the South
corner of Lot 5, Block One, Bridle Gat e Estates, Phase O n e Subdivision as recorded in
Volume 3744 , Page 49 (O .R.B.C.), continue a long sa id line for a total distance of 271.02 fee t
to a set 112-inch iron rod for corner;
THE NCE : S 41 ° 30' 38" E into the interior of the called 5.79 acre tract for a distance of
211.34 feet to a set 1/2-inch iron rod for corner ;
THE NCE: N 47 ° 51' 19" E for a distance of 387.42 fe et t o a set 1/2-inch iron rod for corner,
said iron rod also being in the beforementioned Southwest margin of State Highway No. 6;
and
THE NCE: S 46 ° 45' 11" E (called S 3 9° 3 7 ' 4 7" E) along s a id State Highway No . 6 line for
a di s tance of 150.33 feet to the POINT OF BE GINNI NG and containing 3.946 acres of la nd,
more or less.
NOT E: The Company is prohibited from ins urin g t h e area or quantity of land described
herein. Any statement in the above le g al description of th e area or quantity of land is not a
representation that such area or quant ity is correct, but is made only for informational
and/or identification purposes.
And th at our reco rds refl ect th at the fo ll owing is a tru e an d co rrec t li st of documents affec tin g
titl e to the re a l pro perty describ ed supra b etween th e dates of N ovember 14, 2013 and Decembe r
21, 2014:
Special Warranty Deed:
Grantor: SecurCare Properties III, L L C
Grantee: SecureCare Properties I , LLC
Dated: April 1, 2014
Reco rded: Volume 11931 , Page 226, Offici a l Records , Brazos County, T exas. (Tract One
and S &E Tracts)
Release of Lien:
From: Mortgage Electronic Registration Sy stems, Inc., ("M ERS")
To: SecurCare Properties I , LLC
Dated: April 16, 2014
Recorded: Volume 11962, Page 279 , Offici a l Recor ds , Brazos County, T exas. (Releases
Deed of Trust recorded in Volum e 8288 , Page 112 , Offici al Re cords, Brazos County, Texas
and Assignment of Rents & Leases recorded in Vo lume 8288, Page 147, Official Records,
Brazos Coun ty, Texas.) (Tract Two)
This certificate is issued wi th the express understanding, evidenced by the acceptance of same
th at the undersigned does not undertake to give or ex press an y opinion as to the validi ty of th e
title to the property above, but is simp ly reporting briefly herein as to the instruments li sted
abo ve found of record pertaining to said prop erty, and it is expressly understood and agreed that
this Certificate is neither a guaranty nor warranty of the title . By acceptance of th is Certificate it
is understood that the li abi li ty of the issuer hereof is expressly li mi ted to the actua l monetary
consideration pai d for same. We have not made any examination as to property taxes, tax sui ts ,
special assessments or conflicts .
U ni ve rsity Title Compan y
By:~~
":;:.(__. I ~: 0 -_::,
,•'~~·~"· I Fust American Title
Owner's Policy of Title Insurance T-1
ISSUED BY
First American Title Insurance Company
POUCY NUMBER
Owner's Policy NCS-642600TX4 0
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to
the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS , FIRS T AMERICAN TITLE INSURANCE COMPANY , a California corporation (the "Company") insures , as of Date of Policy and , to
the extent stated in Covered Risks 9 and 10, after Dat e of Policy, against lo ss or damage , not exceeding th e Amount of In surance, sus tained or
incurred by the Insured by rea son of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbran ce on the Title . This Covered Risk include s but is not limited to in surance against lo ss from :
(a) A defect in the Titl e ca used by :
(i) forgery , fraud, undue infiuence , dures s, incompet ency , in capacity or impersonatio n;
(ii) fail ur e of any person or Entity to hav e authorized a trans fer or conveyan ce;
(iii) a document affecting Title not proper ly crea ted, executed, wit nessed , sealed , acknowledged , notariz ed or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a docum ent exec uted und er a falsified , expired or otherwise invalid power of att orn ey ;
(vi) a document not properly filed, recorded or indexed in the Public Records including fai lur e to perform thos e acts by el ectronic
means authoriz ed by law; or
(vii) a defec tive judicia l or administrative proceeding.
(b) The lie n of real esta te taxes or assessments imposed on the Title by a governm enta l authority du e or payable , but unpaid.
(c) Any encro achment, encumbr ance , violation, variation , or adverse circumstance affecting the Title that would be disclos ed by an
accura te and comp lete land sL1Vey of the Land . The term "encroachment" includes encroachments of existi ng imp rovements located
on the Land onto adjoin ing land . and encroachments onto the Land of exi sting improvements located on adjoining land .
(d) Any statutory or constitutional mechanic 's, contractor's , or materialman's lien for labor or materials having its inception on or before
Date of Policy .
3. Lack of good and indefeasibl e Title .
4. No right of access to an d fro m the Land.
(Covered Risks Continued on Page 2
In Wttness Wh ereo f, First Ameri can Title In surance Co mpany ha s ca used its corporate name to be here unto affixe d by tts auth orize d office rs as of Date of Policy shown in Sc hedule A.
First American Title Insurance Company
Pr/d~
De nnis J. Gilmo re
Pres ident
~~
Timothy Kemp
Secre tary
(This Policy is vafid only when Sch edules A and 8 are attached)
Form 50 25548 ( 1-3-14) Page 1 of13
Thi s _?cket wa s cre ated e\ectronM:ally and constitutes an original doc ume nt
TX T-1 Ow ner's Policy of Title Insurance (Rev. 1-3 -14 )
Texas
x
COVERED RISKS (Continued)
5. The violation or enforcement of any law, ordinance, permit. or gove rnmental regu lation (including those re latin g to building and zoning)
restricting , regulating, prohibiting or relating to :
(a) the occ upancy, use or enjoyment of the Land ;
(b) the character , dimen sions or location of any improvement erected on the Land ;
(c) subdiv ision of land ; or
(d) environmental protection
if a notice, describing any part of the Land , is recorded in the Public Records setting forth th e violation or intention to enforce, but only to
the extent of the violation or enforcement referred to in that notice .
6. An enforcement act ion ba sed on the exercise of a governmental police pow er not covered by Covered Risk 5 if a notice of the enforcement
action, describing any part of th e Land , is recor ded in the Public Records , but only to the extent of the enforcement referred to in that
notic e.
7. The exe rcise of the rig hts of eminent domain if a notice of the exercise, describ ing any part of the Land, is recorded in the Public Records .
8. Any taki ng by a governmental body that has occurred and is binding on the rights of a purcha ser for value without Knowledge.
9. Title being vested othe r than as stated in Schedule A or being defective :
(a) as a re sul t of the avoidance in whole or in part, or from a court orde r providirg an alternative remedy, of a transfer of all or any part of
the title to or any in tere st in the Land occurring prior to the transaction vesting ntle as shown in Schedule A because that prior transfer
constituted a fra udul ent or preferenti al tran sfer under federal bankruptcy , state insolvency or similar creditors ' right s laws ; or
(b) becaus e the instrument of transfer vesting Title as shown in Schedule A constit utes a prefere ntia l transfer under federal bankruptcy ,
state insolven cy or simila r creditors' rights laws by rea son of the failure of tts recording in the Public Records :
[r) to be timely , or
(i i) to impart notice of its existenc e to a purchas er for value or a judgment or lien creditor.
10 . Any defe ct in or li en or encu mbrance on the Titl e or other matter incl uded in Covered Risks 1 through 9 that has been created or attached
or has been filed or recorded in the Public Records subse quent to Date of Policy and prior to the recording of the deed or other instr um ent
of transfer in the Public Record s that vests Title a~ shown in Schedule A.
The Company will also pay the cos ts, attorneys' fees and expenses incurred in defense of any matter insu red against by thi s Policy , but only to the
extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The followi ng matters are ex pressly exc luded from th e coverage of and not disclosed in wri ting to the Com pany by the Insur ed
this policy and th e Company will not pay loss or damage, costs , Clai man t prior to the date the Insured Claimant became an
attorneys' fees or expenses that arise by reason of: Insured und er this po licy;
1. (a) Any law, ordinance , pennit, or governmental regulation (c) resulting in no loss or damage to the Insured Cla imant ;
(including those relat ing to building and zoning) restrict in g, (d) attaching or created subsequent to Date of Pol icy (howev er,
regulating, prohibiting or relating to : this does not mod ify or limit the coverag e provided unde r
(i) the occupancy , use , or enjoyment of the Land ; Covered Risk 9 and 10); or
(ii) the character , dimen sions or location of any (e) resulting in los s or dam age that would not hav e been
improv ement erected on the Land ; sustained if the Insure d Claimant had paid value for the
(iii) subdivision of land; or Title .
(iv) environmenta l protection ; 4. Any claim, by reaso n of the operation of fed eral bankruptcy ,
or the effe ct of any violati on of these laws , ordinances or state insolvency, or similar creditors' rights laws, that the
governme nta l regulat ions . This Exclusion 1 (a) does not modify transaction vesting th e Title as shown in Schedule A, is:
or limit th e cove ra ge prov ided under Covered Risk 5. (a) a fraud ulent conveyance or fraudul ent transfer; or
(b) Any governmental police power. This Exclusion 1 (b) does (b ) a prefe rential transfer for any rea son not stated in Covered
not modify or limit the coverage provided under Cover ed Risk 9 of this po licy.
Risk 6. 5. Any lien on the Title for real estate taxes or assessments
2. Rights of em inent domain. This Exclusion does not modify or imposed by governmental authority and created or attaching
limit the coverage provided under Covere d Ri sk 7 or 8. betwee n Date of Policy an d the dat e of recording of the deed or
3. Defects , liens, encumbrances, adverse claims or other matters : other instrument of transfer in the Public Records that vests
(a) created , suffered , assumed or agreed to by the Insur ed Title as shown in Schedule A.
Claimant; 6. The refu sal of any person to pur chase, leas e or lend mon ey on
(b) not Know n to the Com pany, not recorded in the Public the estate or intere st covered he reby in the land described in
Records at Date of Policy, but Known to the Insur ed Schedule A because of Un marketable Title .
Claim ant
Form 5025548 (1-3-14 ) Page 2 of 13 TX T -1 Owner's Policy of Title Insurance (Rev . 1-3-14)
Texas
CONDITIONS
1. DEFINITION OF TERMS .
The following terms when used in this policy mean:
(a) "Amount of In surance·: the amount stated in Schedule A, as
may be increased or decreased by endorseme nt to this
policy, incre ased by Section B(b), or decreased by Sections
10 and 11 of these Condit ions .
(b) "Date of Policy": The date designated as 'Date of Poli cy" in
Schedule A.
(c) "Entity": A mporation, partnership, trust limited liabilit y
company or oth er similar legal entity .
(d) "Insured": the Insur ed named in Schedul e A.
(i) Th e term "Insured " also includes :
(A) succ essor s to the Title of the Insured by operation
of law as distinguished from purchase , including
heirs, devisees, survivors , personal representativ es
or next of kin;
(B) successors to an Insured by dissolution, merger,
consolidation , distribution or reorganization;
(C) successors to an Insured by its conversion to
another kind of Entity;
(D) a grant ee of an Insured under a deed deliver ed
without payment of actual valuable consideration
conveying the Title;
(1) If the stock , shar es, memberships. or other
equity interests of the grante e are wholly·
owned by the nam ed Insured ,
(2) If the grantee wholly owns the nam ed
Insured,
(3) If the grantee is wholly-owned by an
affiliated Entity of the named Insured ,
provided the affiliat ed Entity and the nam ed
Insured are both wholly-owned by the same
person or Entity, or
(4) If the grantee is a trustee or beneficiary of a
trust created by a written instrument
esta blished by the Insured named in
Schedule A for estate planning purpos es.
(ii) With regard to (A), (B), (C) and (D) reserving, however ,
all rights and defens es as to any successor that the
Compa ny would have had against any predecessor
Insured .
(e) "Insured Claimant ": an Insured claiming loss or damag e.
(0 "K nowledge " or "Known": actual knowledge , not
constructive knowledg e or notice that may be imputed to an
Insured by rea son of the Public Reco.rds or any other
records that impart cons tru ct ive notic e of matters affecting
the Title .
(g) "Land ": the land desc ribed in Schedule A, and affixed
improvements that by law constitute real property . Th e term
"Land " does not include any prop erty beyond the lines of th e
area described in Schedule A. nor any right , titl e, inter est.
estate or ease ment in abutting streets , road s, avenues ,
alleys , lanes, ways or waterways , but this does not modify
or limit the extent that a right of acc ess to and from th e Land
is insured by th is policy .
(h ) "Mortgage": mortgag e, deed of trust , trust de ed, or other
security instrum ent , including one ev id enced by elect roni c
means authorized by law .
Form 5025548 (1-3-14) Page 3of13
(i) "Public Records ": rec ords established und er state statu tes
at Date of Poli cy for the purpose of imparting constructiv e
notice of matt ers relating to rea l property to purchasers for
value and without Knowledge . With respect to Covered
Risk S(d), "Public Records" shall also include environmental
protection li ens fil ed in th e recor ds or the clerk of th e Unit ed
States District Court for th e district where the Land is
locate d.
Gl "Title": the estate or interest described in Schedule A
(k) "Un marketab le Title": Title affected by an alleged or
appa rent matt er that would permit a prospective pur cha ser
or lessee of the Title or lender on th e Title to be released
fro m the obligation to purcha se, lease or lend if there is a
contractual cond ition requiring the delivery of marketable
title.
2. CONTINUATION OF INSURANCE.
The coverage of this policy shall cont inu e in force as of Dat e of
Policy in favor of an Insured, but only so long as the Insured
retai ns an estate or interest in the Land , or hold s an obligatio n
se cured by a purchase money Mortgage given by a purchaser
from the Insured, or on ly so long as the Insured shall have
liability by reason of warranties in any transfer or conveyance of
the Title. This policy shall not continue in force in fav or of any
purch aser from the Insured of either (i) an estate or interest in
the Land , or (ii) an obligation secured by a pur chas e money
Mortgage given to the In sur ed.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT .
The Insured shall notify the Company promptly in writing (i) in
case of any litigation as set forth in Section S(a) below , or (ii) in
case Knowledge shall come to an Ins ured hereunder of any
claim of ti tle or interest that is adverse to the Title, as insur ed,
and that might caus e loss or damage for which th e Company
may be liable by virtu e of this policy . If the Company is
prejudic ed by th e failure of the Insured Claimant to provide
prompt notic e, the Co mpany's liability to the Ins ure d Claimant
under the policy shall be reduced to the extent of the prejudice .
Wh en, after the Dat e of the Pol icy, th e In sured notifies th e
Company as requi red here in of a lien , encumbranc e, advers e
claim or other defect in Title insur ed by this poli cy that is not
excluded or excepted from the coverage of this policy , the
Compa ny shall prompt ly investigate the charge to determine
whether the lien , enc umbrance , adverse claim or defect or
oth er matter is valid and not barr ed by law or statute . Th e
Co mp any shall notify th e In sure d in writing , within a reasonabl e
time, of its determination as to the validity or invalidity of th e
lnsured 's claim or charge under the policy . If the Company
concludes that the lien , encu mbrance , adverse claim or defect
is not covered by this policy, er was otherwise addressed in the
clo sing of the transaction in connection with which this policy
was issued, the Company shall sp ec ifi ca lly advise th e Insur ed
of the reaso ns for its determination. If the Co mpany concludes
that the lien, encumbrance , adverse claim or defect is val id , the
Company shall take one of th e following actions : (i) inst itut e th e
necessary proce edings to clear th e lien , encu mbranc e, adver se
cla im or defect from the Title as ins ure d; 0i) ind emnify the
Insured as provid ed in this policy ; (iii) upon payment of
appropriate premium and char ges therefor , is sue to the Insur ed
TX T-1 Owner's Policy of Title Insurance (Rev. 1-3-14)
Texa s
CONDITIONS (Continued)
Claimant or to a subsequent owner, mortgagee or holder of the aid (i) in securing evidenc e, obtaining witness es,
estate or interest in the Land insured by this poli cy, a policy of pros ecuting or defending the ac tion or proceeding , or
title insurance without exceptio n for the lien , encumbrance, effecting settlement , and (ii) in any other lawful act th at in
adverse claim or defect said poli cy to be in an amount equal to the opinion of the Company may be necessary or des irable
the current value of the Land or , if a loan policy , the amount of to esta blish the Title or any other matter as insured . If the
the loan; (iv) indemnify another title insurance company in Company is prejudiced by the failure of the Insur ed to
connection with its issuance of a policy(ies) of title ins urance furnish tfle re quired co operation , the Company's ob ligations
without excepti on for the lien , encumbra nce, adverse claim or to the Insured under th e policy shall terminate, including
defect ; (v) secure a release or other document discharging the any liability or obligation to defend , prosecute, or continue
lien , encumbrance, adverse claim or defect; or (vO undertake a any litigation , with regard to the matter or matters requiring
combination of (i) through (v) he rein . such cooperation .
4. PROOF OF LOSS. (b) The Company may reasonably require the Insur ed
In the event the Company is una bl e to determine the amount of Claima nt to submit to examination under oath by any
loss or damage, the Company may, at its option, require as a authorize d representative of the Company and to produce
condition of payment that the Insured Claimant furnish a signed for examination , inspection and copying. at such
proof of loss. Th e proof of loss must describe th e defect, lien , reasonable times and plac es as may be designated by the
encumbrance or other matter insu red against by this policy th at authorized representative of the Company, all records . in
constitutes the ba sis of loss or damage and shall state , to the whatever medium mainta ined . including books , ledgers.
extent possible, the basis of calculating the amoun t of th e loss checks, memoranda , correspondence, reports, e-mails ,
or damage . disks , tapes , and vide os whether bearing a date before or
5. DEFENSE AND PROSECUTION OF ACTIONS. after Date of Policy , that reasonab ly pertain to the loss or
(a) Upon writte n request by the In sured, and subject to the damage . Further , if requested by any aut hor ized
options contained in Sections 3 and 7 of these Conditions . representative of the Com pa ny. the Insured Claimant shall
the Compa ny , at its ow n cos t and wi thout unreasonable grart its permissio n, in writing , for any authorized
delay, shall provid e for the defense of an Insured in litigation representative of the Company to examine , inspect and
in whic h any third party asserts a claim covered by this copy all of thes e recor ds in th e custody or control of a third
policy adve rse to the Insured. This obligation is limited to party that reasonably pertain to the loss or damage . All
only those stated causes of action alleging matters insured information designated as confidentia l by the Insured
against by this policy . The Company shall have the right to Claiman t provid ed to the Comp any pursuant to this Section
select counsel of its choic e (subject to the right of the shall not be disclo sed to others unless , in the reasonab le
Ins ured to object for reasonable cause) to represent th e judgment of the Company , it is necessary in the
Ins ured as to tho se stated causes of action. It shall not be administration of the claim . Failu re of the Insured Claimant
liable for and will not pay the fe es of any other counsel. The to subm it for exami nation under oath , produce an y
Company will not pay any fe es, costs or expenses incurred re aso nably requested information or grant permission to
by the Insured in the defense of those cau ses of action that secure reason ably necessary information from third parties
allege matters not insured against by this policy . as requi red in this subsection , unless prohibited by law or
(b) The Compa ny shall have the right , m addi tion to the options governmental regu lation , shall terminate an y liabi lity of the
contained in Sections 3 and 7, at tts own cost, to institute Com pany under fhis policy as to that claim .
and prosecute any acti on or proceed ing or to do any other 7. OPTIONS TO PAY OR OTHERWISE SITTLE CLAIMS;
act that in its opinion may be necessary or desirable to TERMINATION OF LIABILITY.
establis h the Title , as insured , or to prevent or reduce loss In case of a claim under this policy . the Compan y shall have the
or damage to the Insured. The Company may tak e any following additional options :
appropriate action under the terms of this policy . whether or (a) To Pay or Tender Payment of the Amount of Insura nce .
not it shall be liable to the Insur ed . Th e exercise of these To pay or tender payment of the Amoun t of In sura nce
righ ts shall not be an adm ission of liability or waiver of any under this policy together with any costs. attorneys ' fees
provision of this pol icy. If the Company exer cises its rights and expenses incurred by the Insured Claimant that were
under this subsection , it must do so diligently. au thorized by the Com pany up to the time of payment or
(c) Whenever the Company brings an action or asserts a tender of payment and that the Com pany is obligated to
defense as required or permitted by this policy , th e pay .
Company may pursue the litigation to a final determination Upon the exer ci se by the Company of this op tion, all l)abi lity
by a court of competent jurisd iction and it expressly and obligations of the Co mpan y to the Insured under this
reserves th e right, in its sole dis cretion, to appeal from any po licy, other than to make the payment required in this
adverse judgment or order . subsec tion, shall terminate , includ ing any liability or
6. DUTY OF INSURED CLAIMANT TO COOPERATE . obligati on to defend , prosecute , or continue any litigation .
(a) In all cases whe re this policy permits or requires the (b) To Pay or Othe rw ise Settle With Parti es Other than the
Company to pros ecu te or provide for the defense of any Insured or With the Insured Claimant.
action or proceeding and any app ea ls, the Insur ed shall (i) To pay or otherwise settle with other parties for or ·1n th e
secure to th e Company th e right to so prosecute or provid e name of an Insured Claimant any claim insured against
defense in the actmn or proceeding, including the right to under this policy . In addition , the Company will pay any
use , at its option , the name of th e Insur ed for this purpos e. costs, attorn eys ' fees and expenses incurred by the
Whenever requested by th e Company, the Insured , at the Insured Claiman t that were au thorized by the Company
Company's expense , shall give the Company all reas onabl e up to the time of payment and that th e Company is
Form 50 25548 (1 -3-14 ) Page 4 of13 n< T-1 Owner's Po licy of Title Insurance (Rev . 1-3 -14 )
Texas
CONDITIONS (Continued)
obliga ted to pay ; or
(ii) to pay or otherwise sett le with the Insured Claimant the
loss or damage provided for under this policy, togeth er
with any costs, attorneys' fees and expenses incurred
by the In sured Claimant tha t were authorized by the
Company up to th e time of payment and that the
Company is obligated to pay . Upon the exercise by the
Company of either of the options provided for in
subsections (b}[l) or (ii), the Company's obligations to
the Insured under this poli cy for the claimed lo ss or
damage, oth er than the payments required to be made ,
shall terminate, including any liability or obligation to
defend, pros ecu te or continue any litigation .
8. DETERMINATION AND EXTENT OF LIABILITY.
This policy is a contract of indemnity against actual monetary
loss or damage sustained or in curred by the In sured Claimant
who has suffe red loss or damage by rea so n of matt ers in su red
agains t by this poli cy.
(a) The exte nt of li ability of th e Company fo r loss or damage
und er this policy shall not exceed the lesse r of:
(i) the Amount of Insurance; or
[ii) the differenc e betwe en the valu e of the Title as insur ed
and the value of th e Title subject to the ris k insured
against by th is policy .
(b) If the Company pursues its right s under Section 3 or 5 and
is unsuccessful in esta blishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10 %,
and ·
(ii ) the Insured Claimant sha ll have the righ t to have the
loss or damage determined either as of th e date the
claim was ma de by the Insur ed Claimant or as of the
da te it is settled and paid .
(c) In additio n to th e extent of liability under (a ) and (b), the
Company will also pay those costs , attorneys ' fees and
expenses incurre d in acc ordance with Secti ons 5 and 7 of
th ese Conditions.
9. LIMITATION OF LIABILITY .
(a) If the Company establishes the Title , or removes the alleged
defect, lien or encumbrance, or cures the lack of a right of
access to or fro m the Land, all as insured , or takes action in
acco rdance with Section 3 or 7, in a reasonably di ligent
man ner by any me thod , including litigation and the
compl etio n of any appeals, it shall have fully performed its
obligations with respect to that matter and shall not be liable
for any loss or damage caused to the Insured .
(b) In the event of any li tigation , including litigation by the
Co mpany or wit h the Company 's co nse nt , the Company
shall have no liab ility for loss or damage until ther e has
been a final dete rmin at ion by a court of compete nt
jurisdict ion, and di sposition of all app ea ls , adverse to the
Title , as insured .
(c) The Com pany shall not be liable for los s or damage to th e
In sured for liability voluntarily assumed by the Insured in
settling any clai m or suit without th e prior writt en consent of
th e Com pany .
10 . REDUCTION OF INSURANCE; REDUCTION OR
TERMINATION OF LIABILITY.
All paym ents under thi s policy, except payments made for cos ts ,
attorneys' fe es and expenses , sha ll reduc e the Amount of In su ran ce
Form 5025548 (1 -3-14) Page 5of13
by the amo unt of th e payment.
11. LIABILITY NONCUMULATIVE.
The Amount of Insuranc e shall be re du ced by any amount the
Company pays under any policy insuring a Mortgage to which
exception is tak en in Schedule B or to which the In sur ed has
agreed , assumed , or taken subject or whi ch is exe cuted by an
In sur ed after Date of Policy and which is a charge or li en on the
Title , and the amoun t so paid shall be deemed a payment to the
In sured under this policy.
12. PAYMENT OF LOSS.
When liab ility and the exte nt of loss or damage hav e bee n
definitely fixed in accordance wi th these Conditions , the
payme nt sha ll be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR
SETTLEMENT .
(a) Whenever th e Company shall have settled and paid a cla im
under this po licy, it shall be subrogated and entitled to the
rights of th e Insu red Claimant in the Title and all other righ ts
and remedie s in respect to the claim tha t the In sured
Claima nt ha s against any perso n or prop erty , to the exten t
of the amount of any loss, costs , attorneys ' fees and
expenses pai d by the Company. If re qu es ted by the
Compa ny, the Insured Claim ant sha ll execute documen ts to
evide nce the transfer to the Company of these rights and
remedies. Th e Insured Claimant shall permit the Company
to sue, comprom ise or settle in the name of th e Insur ed
Clai mant and to use the name of the In sured Claimant in
any transaction or li tigation involving these rights and
remedies.
If a payment on account of a claim does not fully cover the
loss of the Insured Claiman t the Company shall defer the
exerc ise of its right to recover until after th e Insur ed
Clai mant shall have recov ered its lo ss.
(b) The Company's ri ght of subrogation includes the rights of
the Insured to ind emnit ie s, guaranties , ot her polic ies of
insura nce or bonds, notwithstanding any terms or
conditions con tained in those instruments that address
su brogation rig hts .
14. ARBITRATION.
Either the Company or the Insured may dema nd tha t the cl aim or
controversy shall be submitted to arbitra ti on pu rs uant to the ntle
In surance Arbitration Rules of the American Land Title
Association ("Rules"). Exce pt as provided in the Rules, there shall
be no joinder or conso lidation with claims or con trov ersies of
oth er pe rsons. Arbi tra ble matters may include, but are not limit ed
to, any controver sy or cla im betwee n the Company and the
Insu red arisi ng out of or relating to this policy , any service in
conne ctio n with its issuance or the breach of a policy provision , or
to any other controversy or claim arising out of the transa ction
giv ing rise to this policy . All arbitrable matters when the Amount
of In sura nce is $2 ,000 ,000 or le ss shall be arbitrated at the option
of either th e Com pany or the In sured, unless the Insured is an
individual person (as dis tinguished from an Entity). All arbitrable
matt ers whe n th e Amount of In su ra nce is in excess of $2,000 ,000
shall be arbitrated on ly whe n agreed to by both th e Company and
th e Insu red . Arbitrat ion pursuant to thi s policy and unde r the
Ru les sha ll be binding upon the parties . Ju dg ment upon th e
award rendered by the Arbitrator(s) may be entered in any court
of co mp etent jurisd ic tion.
TX T -1 Ow ner's Policy of Title Insurance (Rev . 1-3-14)
Texas
CONDITIONS (Continued)
15. LIABILITY LIMITED TO THIS POLICY ; POLICY ENTIRE 16. SEVERABILITY .
CONTRACT. In the eve nt any provision of thi s policy, in whole or in part , is
(a) This policy together wit h all endorsements, if any, attached held invalid or un enforceable und er appli cable law, the policy
to it by the Compa ny is the entire policy and contract shall be deemed not to include that provision or such part held
between the Insur ed and the Company . In interpreting any to be invalid and all other prov isio ns shall remain in full force
provis ion of this policy, this policy sha ll be construed as a and effect.
whole . 17. CHOICE OF LAW; FORUM.
{b) Any claim of lo ss or damage that arises out of th e stat us of (a) Choice of Law : The Insured acknowledges the Co mpany
th e Title or by any action asserting such claim, shall be has underwritten the risks covered by this policy and
restricted to thi s policy . determined the premium charged therefor in reliance upon
(c) Any amend ment of or endor sement to this poli cy must be in the law affecting interests in real property and appli cable to
writing and authenticated by an authorized person, or the interpretatio n, rights , remedies or enforcement of
expressly incorpo rated by Schedule A of this policy . policies of title insurance of the jurisdiction where the Land
(d) Each endorsement to this poli cy issued at any time is made is lo cated .
a pa rt of thi s poli cy and is subj ect to all of its terms and Therefore, the court or an arbitrator shall ap ply the law of
pro visions. Except as the endorsement ex pr ess ly states, it the jurisdiction where the La nd is located to determine the
does not (i) modify any of the terms and provis ions of the validity of claims agains t the Title that are adverse to the
policy , (ii) modify any prior endorsement, (iii) extend the Insured, and in inter pre ti ng and enfor cing the terms of this
Date of Policy or (iv) increase the Amount of In sura nce. policy . In neith er case shall th e cotJt or arbitrator apply tts
Each Com mitment , endo rse ment or other form , or prov ision conflic ts of la ws principles to determine the applica ble law .
in the Schedules to this policy that refers to a term defin ed {b) Choice of Forum : Any litigation or other proceeding brought
in Section 1 of th e Co ndttion s shall be deemed to re fer to by the Insur ed against the Company must be filed only in a
the term regardless of whether the ter m is ca pitalized in the state or federa l court wi th in the United States of America or
Commrtment. endorsement or other form, or Schedu le . its territories having appropriate juris dic tion .
Each Com mitm ent, endo rse ment or other form , or provi sion 18 . NOTICES, WHERE SENT.
in the Schedules that refers to the . Conditions and Any not ic e of claim and any other notice or statement in writing
Stipulations shall be deemed to refer to the Conditions of required to be given to the Company under this Policy must be
this policy. given to the Company at First American Title Insurance
Company, Attn: Claims National Intake Center, 1 First
American Way, Santa Ana, California 92707 . Phone: 888 -
632-1642 .
Form 5025548 (1-3 -14) Page 6of13
First American Title
TX T-1 Owner's Policy oflitle Insurance (Rev . 1-3-14)
Texas
~ FirstAmerican
"""
ISSUED BY
Owner Policy of Title Insurance (T-1)
Schedule A POLICY NUMBER
First American Title Insurance Company
NCS-642600TX4 0
Name and Address of Title Insurance Company:
First American Title Insurance Company, 1 First American Way, Santa Ana, CA 92707.
File No.: ncs-642600TX4
Date of Policy: April 3, 2014 at 9:59 A.M.
Address for Reference only: 4074 State Hwy 6 South, College Station, Brazos, TX
Amoun t of Insurance: $1,375,000.00 Premium: $
1. Name of Insured:
SecurCare Properties I, LLC, a Delaware limited liability company
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is insured as vested in:
SecurCare Properties I, LLC, a Delaware limited liability company
4. The land referred to in this policy is described as follows :
All that certain lot, tract or parcel of land being 5.79 acres situated in the Robert Stevenson League,
Abstract No. 54, Brazos County, Texas, and being out of and a part of the remainder of a called 21.00
acre tract of land being the remainder of a called 21. 96 acre tract of land conveyed to the J. K.
Development, L.L.P, by Deed filed for record in Volume 2539, Page 71 of the Officia l Records of Brazos
County, Texas, (0.R.B.C.T.); said 5.79 acre tract of land being the front 665 feet average, more or less,
abutting State Highway No . 6 of said called 21.00 acre tract of land and said called 21. 96 acre tract of
land and being more particularly described by metes and bounds as follows :
Beginning at a fence corner found for southeast corner at the southeasterly corner, as occupied, of said
remainder cif the called 21.00 acre tract of land and said rema inder of the ca ll ed 21.96 acre tract of land,
same being the northeast corner, as occupied, of the Peyton Waller called 22.8 acre tract as described in
Volume 327, Page 90 of the Deed Records of Brazos County, Texas (D.R.B.C.T.), same being a point in
the southwesterly right-of-way line of State Highway No. 6 (Texas Avenue);
Thence: S 51° 21' 00" W, general ly along an existing fence with the southe rly line of sa id cal led 21.00
acre and said called 22.8 acre Peyton Walter tract of land, as occupied, at 402.30 feet passing a Fnd.
1/2" iron rod, in all a distance of 673 .32 feet to a 1/2" iron rod set for the southwest corner;
Thence : N 34° 28 ' 45" W, leaving said southerly line of the called 21.00 acre and said called 21. 96 acre
tracts of land and said northerly line of the called 22.8 acre Peyton Waller tract of land, and w ith a line
across and through the interior of said called 21.00 acre and said called 21. 96 acre tracts of land, a
distance of 406.16 feet to a 1/2" iron rod set for northwest corner in a fence line being the most easterly
north line of said called 21.00 acre and said called 21.96 acre tracts of land , as occupied, and the
southerly line of a called 11. 965 acre tract of land conveyed to Bob ·Griffin by Deed of record in Volume
240, Page 77 (D.R.B.C.T.);
Fonn 5025 548 (1-3-14) Page 7 of 13 TX T-1 Ow ner's Policy ofTitl e Insurance (Rev . 1-3 -14 )
Texas
Thence: N 55° 19' 17" E, leaving said line though the interio r of the called 21.00 acre and said called
21. 96 acre tracts of land, and with said most easterly north line of the called 21.00 acre and said called
21. 96 acre tract of land and said southerly line of the called 11. 965 acre Bob Griffin tract of land, as
occupied, generally along a fence line, at 271.26 f eet passing a Fnd. 1/2" iron rod, in all a distance of
654.10 feet to a fence corner found for northeast corner at the northeasterly corner of said remainder of
the called 21.00 acre and said rema inder of the called 21. 96 acre tract of land , same being the
southeasterly comer of said called 11. 965 acre Bob Griffin tra ct of land, sam e also being a point in the
aforesaid southwesterly right-of-way line of State Highway No . 6 (Texas Avenue); and
Thence: along said southwesterly right-of-way line, as occupied, of State Highway No. 6 (Te xas Avenue),
and the easterly line of said remainder of the called 21.00 acre and said remainder of the called 21.96
acre tracts of land, generally along a fence line, S 31° 21 ' 22" E 103.50 feet to a 1/2" iron rod found for
angle point and S 39° 37' 47" E -257.18 feet to a fence corner found for the Point of Beginning and
containing an area of 5.79 acres of land, more or less .
Note: The Company is prohibited from insuring the area or quantity of land described here in . Any
statement in the above legal description of the area or quantity of la nd is not a representation that such
area or quant ity is correct, but is made only for informational and/or iden ti fica ti on purposes and does not
override Item 2 of Schedule B hereof.
Form 502554 8 (1-3-14 ) Pag e 8 of1 3 TX T-1 Ow ner's Policy of Ti tl e Insuran ce (Rev. 1-3 -14 )
T ex as
ston, Te xas
,
~-'
BY: _
AUTHORIZED S~GNATORY
I
I
\
\
Form 5025548 (1-3-14 ) Page 9 of 13 TX T -1 Own er's Po li cy of Title I nsurance (Rev. 1-3-14)
Texas
~ First American
Schedule B
File No . ncs -642600TX4
Owner Policy of Title Insurance (T-1)
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
NCS-642600TX4 0
This po licy does not insu re again st lo ss or damage (and the Company will not pay costs, attorney's fees or
expenses) that arise by reaso n of the terms and conditions of the leases and easements, if any, shown in
Schedule A and the followin g matters:
1. The fo ll owing restrictive covenants of record itemized below:
(the Compa ny must either insert specific re cording data or delete this exception )
Item No . 1 has been intentionally deleted.
2. Any discrepancies, conflicts, or shortag es in area or boundary li nes , or any encroachm ents or protrusions,
or any ov erlapping of improvements .
3 . Homestead or comm uni ty property or surv ivo rship rights, if any, of any spouse of any Insured.
4. Any titles or r ights asserted by anyone, including but not limited to, person s, t he public , corpora ti ons,
governm ents or other entities,
a . to tidelands, or lan ds comprising the shores or beds of navi gabl e or perennial rivers and stream s,
la kes, bays, gulfs or oce ans , or
b. to la nds beyond the line of the harbor or bulkhead lines as established or cha nged by any
government, or
c. to filled -i n lands , or artificial is land s, or
d. to st atutory water rights, including ripar ian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the right of
access to that area or easement along and across that area.
5. Standby fees , taxes and assessments by any ta xing authority for t he year 2014 , and sub seq uen t years;
and subs equen t ta xes and assessments by any ta xing authority for prior years due to change in land
us age or ownership, but not those ta xes or ass essments for prior ye ars because of an exemption granted
to a previous owner of the property un der Secti on 11.13, Texas Tax Code, or because of improvements
no t asses sed fo r a prev ious ta x year.
6. The follo wing matters and all terms of the documents cre ating or offering ev idence of the matters:
(the Company must in sert matters or delete th is ex ception)
a. Rights of Parties in Possess ion .
b. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals,
together with all rights, privileges, an d immun ities re lating thereto , appearing in the
Public Records whether listed in Schedu le B or not. There may be leases, grants,
exceptio ns or reservations of mine ral interest tha t are not list ed .
c. Any encroachment, encumbrance, violation , variation, or adve rse circumstance affecting
title that would be disclosed by an acc urate and comp lete land survey of the land.
Form 5025 548 ( 1-3-14) Page 10 of 13 TX T-1 Ow ner's Policy of Ti tl e Ins urance (Rev. 1-3-14 )
T ex as
d. Rights of tenants in possession, as tenants onl y, under current storage building leases.
e. Easement:
From: JK Development, LL.P.
To: City of College Station
Dated: October 21, 1996
Recorded: Volume 2710, Page 260, Officia l Records, Brazos County, Texas .
f. Easement:
From: JK Development, L.L.P.
To: City of College Station
Dated: October 21, 1996
Recorded: Volume 2710, Page 263 , Officia l Records, Brazos County, Texas .
g. Blanket Electrical Easement:
From: Mrs. J. W . (Sarah) Higgin s
To: City Of Bryan
Dated: May 7, 1937
Recorded: Volume 98, Page 73, Deed Records, Brazos County, Texas.
h. 10' Telephone Easement:
From: Joseph S. Osoba
To: General Telephone Company
Dated: Octobe r 13, 1978
Recorded: Volume 413, Page 793, Deed Records, Brazos County, Texas.
i. 20' Electric Easement:
From: Joseph S. Osoba
To: City of Bryan
Dated: June 22, 1981
Recorded: Volume 489, Page 406, Deed Records , Brazos County, Texas .
j. 20' Public Utility Easement:
From: Joseph S. Osoba and wife, Mildred Osoba
To: City of College Station
Dated: June 16, 1983
Recorded : Volume 584, Page 536, Deed Records, Brazos County, Texas.
k. 20' Electric Easement:
From: Brazosland Properties, Inc.
To: City of College Station
Dated: December 20, 1983
Reco rded: Volume 633, Page 598, Official Records, Brazos County, Texas.
I. 20' Telephone Easem ent:
From: Brazosland Properties, Inc.
To: Genera l Telephone Company
Dated: March 20, 1983
Recorded: Volume 666, Pag e 317, Officia l Records, Brazos County, Texas.
m . 10' Gas Line Easement:
Form 50 25548 (1-3-14 )
From: Brazosland Prop erties, Inc.
To: Ense rch Corporation
Dated: February 9, 1984
Recorded: Volume 670, Pag e 383, Officia l Reco rds, Brazos County, Texas.
Page 11 of 13 TX T-1 Owner's Policy of Title Insurance (Rev . 1-3-14)
Texas
n. Easement:
From: Securcare Properties X, Ltd.
To: JK Development, L.L.P .
Dated: February 12, 1999
Recorded: Volume 3564, Page 311, Official Records, Brazos County, Texas.
o. Mineral Reservation in Deed:
By : Joseph S. Osoba and wife, Mildred S. Osoba
To : Brazosland Properties, Inc.
Dated: October 11, 1983
Recorded: Volume 615, Page 287, Official Records, Brazos County, Texas. Title to said
interest has not been investigated subsequent to t he date of the aforesaid instrument.
p. Mineral Reservation in Deed:
By : First American Bank
To: Kenneth L. Neathe rlin and James R. Jackson
Dated: August 16, 1993
Recorded: Volume 1895, Page 75, Official Reco rds, Brazos County, Texas . Title to said
interest has not been investigated subsequent to the date of the aforesaid instrument.
q. Oil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor: First American Bank
Lessee: Sage Energy Corporation
Dated : October 1, 1992
Recorded: Volume 1641, Page 91, Official Records , Brazos County, Texas. Title to said
interest has not been investigated subsequent to t he date of the aforesaid instrument.
r. Oil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor: Joseph S. Osoba
Lessee: Sage Energy Corporation
Da ted: October 6, 1992
Recorded: Volume 1641, Page 147, Official Records, Brazos County, Texas . Title to said
interest has not been investigated subsequent to t he date of the aforesaid instr ument.
s. Any and all matters as disdosed by ALTA/ACSM Land Title survey prepared by JRH
Consulting Group, dated July 12, 2007 .
Form 5025 548 (1-3-14) Pag e 12 of 13 D< T -1 Ow ner's Policy of Titl e Insurance (Rev . 1-3-14)
Texas
' .
:@ First American
Important Notice
ISSUED BY
First American Title Insurance Company
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call First American Title Insurance Company 's
toll-free telephone number for information or to make a
compla int at:
1-888-632-1642
You may also write to First American Title Insurance
Company at:
1 First American Way
Santa Ana, Californ ia 92707
You may contact the Texas Department of Insurance to
obtain information on compan i es, coverages, rights or
complain ts at:
1-800-252-3439
You may write the Texas Department of Insurance :
P.O. Box 149104
Austin, TX 78714-9104
Fax: {512) 475-1771
Web : http ://www. tdi.state .tx. us
E-mail: ConsumerProtection @tdi.state .tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or
about a claim you should conta ct First American Title
Insu ran ce Company first. If th e dispute is not resolved, you
may contact the Texas Department of Insurance .
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a
part or co ndition of the attached document.
Form 50-TXNOTI CE (11-1-0 9) I Page 1 of 1
Fonn 5025548 ( 1-3-14) Page 13 of 13
A VISO IMPORTANTE
Para obtener informa cion o para someter una queja :
Usted puede lla ma r al numero de telefono gratis de First
American Title Insuran ce Company's para informacion o
para someter una queja al:
1-888-632-1642
Usted tambie n puede escribir a First American Title
In surance Company:
1 First American Way
Santa Ana, California 92707
Pu ede comunicarse con el Departame nto de Seguros de
Texas para obte n er informacion acerca de companias,
cobe rturas , derechos o quejas al:
1-800-252-3439
Puede escribir al Departamento de Seguros de Texas :
P.O. Box 149104
Austin , TX 78714-9104
Fa x : (512) 475-1771
Web : http ://www.tdi.state.tx .us
E-mail: ConsumerProtection@tdi. state .tx. us
DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
Si tiene una disputa conce miente a su prima o a un
reclamo , debe comunicarse co n el First American Ti tle
Insurance Company primero. Si nose resue/ve la disputa ,
puede entonces comunicarse con el departamento {TOI).
UNA ESTE AV/SO A SU POLIZA :
Este aviso es so lo para proposito de informacion y no se
convierte en parte o con dicion de/ documento adjunto .
Mandatory Complai nt Notice (11-1 -09)
Te xas
TX T -1 Owner's Po licy of Title Insurance (Rev . 1-3 -14 )
Texas
_ Thr.ough Tax Year
2014 TAX CERTIFICATE Certificate #
44137
Issued By:
KRISTEEN ROE , CTA PH# (979) 361-4470
BRAZOS COUNTY TAX ASSESSOR COLLECTOR
300 E. WM . J BRYAN PKWY
BRYAN , TX 77803
Owner ID: 521284 100 .00%
SECURCARE PROPERTIES I LLC
5200 OTC PKWY
STE 200
GREENWOOD VILLAGE, CO 80111-2715
Property Information
Property ID : 300604 Geo ID : 005401 -0005-0011
Legal Acres : 1.8440
Legal Desc: A005401 , R STEVENSON (ICL), TRACT 5.11 , 1.844
ACRES
Situs: 4074 SH-6 S ,
OBA: SECURCARE STORAGE(SH-6 S)
Exemptions:
For Entities
BRAZOS COUNTY
CITY OF COLL. STAT.
COLLEGE STATION ISO
Value Information
Improvement HS :
Improvement NHS :
Land HS :
Land NHS :
Productivity Marke t:
Productivity Use :
Assessed Value
0
97,400
0
574 ,320
0
0
671 ,720
Current/Delinquent Taxes
This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes , penalties , interes
and any known costs and expenses as provided by Tax Code §33.48 , are due on the described property for the following
taxing unit(s):
Year Entity
Totals:
Effective Date: 03/10/2015
Tax Certificate Issued for:
CITY OF COLL. STAT.
BRAZOS COUNTY
COLLEGE STATION ISO
Taxable
Taxes Paid in 2014
3,039 .54
3,257 .84
9,269 .74
Tax Due
0 .00
Disc./P&I
0.00
Attorney Fee
0 .00
Total Due if paid by: 03/31/2015
This certificate is is ued on real
estate only. It does not includ e
minerals and/or personal p roperty .
Total Due
0.00
0 .00
If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become
due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described
under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31.0S(b)).
Pursuant to Tax Code Section 31 .08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no
delinquent taxes , penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an
appraisal roll , the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for
delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the
ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest.
A tax certificate issued through fraud or collusion is void .
This certificate does not clear abuse of granted exemptions as defined in Section 11.43 Paragraph(1) of the Texas Property Tax Code.
May Be Subject to Court Costs if Suit is Pending
Sig~~t;ogOffire
Date of Issue :
Requested By :
Fee Amount:
Reference #:
03/10/2015
MCCLURE & BROWNE ENGINEER
10.00
Page : 1
True AUlomatlon, Inc .
Through Tax Year
2014 TAX CERTIFICATE Certificate #
44138
Issued By:
KRISTEEN ROE , CTA PH# (979) 361-4470
BRAZOS COUNTY TAX ASSESSOR COLLECTOR
300 E. WM . J BRYAN PKWY
BRYAN , TX 77803
Owner ID: 492289 100 .00%
SECURCARE PROPERTIES Ill LLC
9226 TEDDY LN
STE 100
LONE TREE , CO 80124-6726
Property Information
Property ID : 104352 Geo ID : 005401-0005-0010
Legal Acres: 3 .9460
Legal Desc: A005401 , R STEVENSON (ICL ), TRACT 5.1, 3.946
ACRES
Situs: 4070 SH-6 S ,
OBA: SECURCARE STORAGE(SH-6 S)
Exemptions :
For Entities
BRAZOS COUNTY
CITY OF COLL. STAT.
COLLEGE STATION ISO
Z REFUND ENTITY
Value Information
Improvement HS :
Improvement NHS :
Land HS :
Land NHS:
Productivity Market:
Productivity Use :
Assessed Value
0
68 ,200
0
893 ,820
0
0
962 ,020
Current/Delinquent Taxes
This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties , interes
and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following
taxing unit(s):
Year Entity
Totals :
Effective Date: 03/10/2015
Tax Certificate Issued for:
CITY OF COLL. STAT.
BRAZOS COUNTY
COLLEGE STATION ISO
Taxable Tax Due
0.00
Disc.IP&!
0.00
Attorney Fee
0.00
Total Due if paid by: 03/31/2015
This certificate is issued on real
estate only. It do c s not include
minerals and/or personal property.
Taxes Paid in 2014
4 ,353 .14
4,665 .80
13,275.88
Total Due
0.00
0 .00
If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become
due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described
under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31.0S(b)].
Pursuant to Tax Code Section 31.08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no
delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an
appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for
delinquent taxes , penalties or interest on the property or for taxes based on omitted property . The person who was liable for the tax for the
ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest.
A tax certificate issued through fraud or collusion is void.
This certificate does not clear abuse of granted exemptions as defined in Section 11 .43 Paragraph(1) of the Texas Property Tax Code.
Date of Issue :
Requested By :
Fee Amount:
Reference #:
03/10/2015
MCCLURE & BROWNE ENGINEER
10.00
Page : 1
True Autom1tion , Inc.
C rTY OF C oILEGE STATIONN ______________ ,.... .. 11#11_,,_
-~--.::::~---------~H.ome ofTexas A&M Uni versity • .....
MEMORANDUM
DATE : March 13, 2015
TO : Dav id Schultz , via; davidschultz6@gmail.com
FROM : Jason Schubert , AICP Principal Planner
SUBJECT: SECURCARE SELF STORAGE (FP)
I reviewed the above-mentioned Final Plat -Commercial application and determined it to be
incomplete. The following is the preliminary list of items needed to complete the submittal.
Please submit the following information so this application can be forwarded for review :
The title report states that the area of the proposed Lot 1 is owned by
SecurCare Properties I, LLC and the area of proposed Lot 2 is owned by
SecurCare Properties Ill , LLC . Provide proof of authority documents for the
individual(s) signing the application to sign on behalf of these corpo rations ;
The Preliminary Plan application is to be approved by the Planning & Zoning
Commission prior to the Final Plat application being forwarded for review.
Please note that the discretion to allow applications to be reviewed
concurrently has been limited to projects where a preliminary plan has been
previously approved by the Commission and minor revisions are being made
that necessitate a new one ; and
If public infrastructure is identified as being needed through the review of the
Preliminary Plan , submit the $600 Development Permit fee along with two
copies of the civil construction documents and associated reports .
Please be aware that if this application is not completed before Monday , June 8 , 2015 , it will
expire and a new application and fees will be necessary to continue the platting process .
If you have any questions or need add itional information , please ca ll me at 979 .764 .3570 .
PC : Arlen Nordhagen , National Storage Affil iates , via ; anordhagen@secucare .net
Jeff Robertson , McClure and Browne Engineering , via ; jeffr@mcclurebrowne .com
P&DS Proj ect No. 15-00900082
Planning & Development Se1'vices
P.O. BOX 9960 • 110 1 "11'.XAS AVENUE · COLLEGE STATION · TEXAS · 77842
TEL. 979.764.35 7 0 ·FAX. 979.764.3496
cstx.gov/devservices
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Scale = 1: 181 (Feet)
1 S 38 ° 28' 46 " E 102 .87
2 S 46 ° 45' 11 " E 257 .15
3 s 44 ° 05' 11 " w 673 .32
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