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HomeMy WebLinkAboutTitle Insurance 11/06/2006 04:30 9798468252 PAGE 02/09 UNIVERSITY TITLE .ir' vv� 1,0/1,3/2006 08:60 FAX 979 288 ', • TEXAS C00413%01'FOil TITLE INSURANCE SCHEDULE A Effective Date: August 20,2006 at 8:00 a.m. COP No.00063484 Commitment issued October 13,2006,8:00 a.m. 1. The policy or policies to be issued are: (a) OWNER POLICY OF TITLE INSURANCE(Form T-1) (Not applicable for improved one-to-ibur family residential real estate) Policy Amount S PROPOSED INSURED; (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE ONE-TO-POUR FAMILY RESIDENCES(Form T•1R) Polley Amount STO EE DETERMINED PROPOSED INSURED: TO OE DETERMINED (c) MORTGAGEE POLICY OF TITLE INSURANCE(FORM T-2) Policy Amount: STO BE DETERMINED PROPOSED INSURED: Commerce National Bank Proposed Borrower. TO EE DETERMINED (d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY(i orm T-2R) Policy Amount: S PROPOSED INSURED: Proposed Borrower; (c) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN(Form T•13) Binder Amount: S PROPOSED INSURED: Proposed narrower: (f) OTHER: Policy Amount: $ PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: Pee Simple 3. Record Title to the land on the Effeativn Date appears to be vested im Brsaos Gateway Place Development,Ltd. University Title Company Tint American Title L ueurauce Company Toms Commitment'i'-7(Rev.I-1-93)•Schedule A Wild Only if9cbedule B,co Lind Coverare waded 11/06/2006 04:30 9798468952 PAGE 03/09 10/15/2006 08:50 FAX 9?9 26S ,82E UNIVERSITY TITLE 1 ,ING 1002 SCHEDULE B OF No.00963484 EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations,your Policy will not cover loss,costs,attorney's fees,and expenses resulting from: 1. The following restrictive covenants of record Itemized below (We must either insert specific recording data or delete this exception): Item No.1,Schedule 13,is hereby deleted. 2. Any discrepancies, conflicts, or shortages in area or boundary lines,or any encroachments or protrusions,or arty overlapping Of improvements. 3. Homestead or community property or survivorship rights, if'any, of any spouse of any Insured. (Applies to the Owner Policy only,) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands,or lands comprising the shores or beds of navigable or perennial rivers and streams,lakes,bays, gulfs ar oceans,or b. to lands beyond the line of the harbor or bulkhead Iines es established or changed by any government,or c, to filled-in lands,or artificial Islands,or d. to statutory water rights,including riparian rights,or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area Or easement along and across that area. (Applies to the Owner Policy only.) 5, Standby fees, taxes end assessments by any taxing authority for the year 2006, and subsequent years, and subsequent taxes end assessments by any taxing authority for prior years due to change In land usage or°wncrship, but not those taxes or assessments for prior years because of an exemption granted tc s previous owner of the property under Section 11.13, roes Tax Coda,or because of Improvements not M eased for a previous tax year.(If Texas Short Form Residential Mortgagee Policy (T-2R) is issued,that policy will substitute "which become due end payable subsequent to Date of Policy"in lieu of"for the year and subsequent years,") 6. The terms and conditions of the documents creating your interest in the land, 7. Materials furnished yr labor performed in connection with planned construction before signing and delivering the lion document described in Schedule A,If the land is part of the homestead of the owner.(Applies to the Mortgagee Witte Policy Binder on Interim Construction Loan only,and may be deleted if satisfactory evidence is furnished to us before a binder is issued_) 8. Liens and leases that affect the title to the land, but that ere subordinate to the lien of the insured mortgage.(Applics to Mortgagee Policy T-2 only.) 9. The Exceptions from Coverage and Express Insurance in Schedule B of the 'faxes Short Form Residential Mortgagee Policy (T-2R). (Applies to Texas Short Form Residential Mortgagee P011oy (T-2R) only. Separate University Title Company First American Title Insurance Company Texas Commitmenl7-7(Rev.2-1.93)-S of edule 13 Valid Only If Schedule A,CO)and Com Ra atlachad 11/06/2006 04:30 9798468252 PAGE 06/09 10/13/2006 08:50 FAX 979 268 04 UNIVERSITY TITLE KLING L 005 Exhibit A TRACT ONE: FEE SIMPLE METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE RIC1iAIW CARTER SURVEY,ABSTRACT NO.B,COLLEGE STATION,BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF A CALLED 25.566 ACRE TRACT AS DESCRIBED BY A DEED TO STANLEY D.ROSENBERG RECORDED IN VOLUME 3360,PAGE 196 OF TAE OFFICIAL Punic RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 3/8 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF A CALLED 50 ACRE TRACT AS DESCRIBED BY A X)EED TO THE CITY OF BRYAN RECORDED IN VOLUME 133,PAGE 607 OF THE DEED RECORDS OF BRAZOS COUNTY,TEXAS,MARKING THE WEST CORNER OF SAID 25.566 ACRE TRACT AND A NORTHEAST CORNER OP BLOCK"N",UNIVERSITY PARK II SUBDIVISION,ACCORDING TO THE PLAT RECORDED IN VOLUME 817,PAGE 384 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY,TEXAS; THENCE:N 41°28' 19"B ALONG THE COMMON LINE OF SAW 25346 ACRE TRACT AND SAID 50 ACRE TRACT FOR A DISTANCE OF 1500.06 FEET TO A VA INCH IRON ROD FOUND MARKING THE NORTH CORNER OF SAID 29.566 ACRE TRACT AND THE MOST NORTHERLY WEST CORNER OF LOT 1,BLOCK 1,THE GATEWAY, ACCORDING TO THE PLAT RECORDED IN VOLUME 3663,PAGE 313 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS(THIS LINE WAS USED FOR BEARING ORIENTATION HONORING THE DEED CALL BEARING OF SAID 25.566 TRACT,3360/I96); THENCE:S 33°39'51"E ALONG THE COMMON LINE OF SAID 25.566 ACRE TRACT AND THE GATEWAY FOR A DISTANCE OF 678.87 FEET TO A''A INCH IRON ROD FOUND MARKING AN EAST CORNER OF SAID 25.566 ACRE TRACT AND AN INTERIOR CORNER OF SAID LOT I,BLOCK 1,THE GATEWAY; THENCE:5 48°32'14"W CONTINUING ALONG THE COMMON LINE OF SAID 25.566 ACRE TRACT AND THE GATEWAY FOR A DISTANCE OE 707.15 FEET TO A Y&INCH IRON ROD POUND MARKING AN ANGLE POINT IN SAID LINE; THENCE:S 41°37'01"W CONTINUING ALONG THE COMMON LINE OP SAID 25.566 ACRE TRACT AND THE GATEWAY FOR A DISTANCE OF 175.03 FEET TO A INCH IRON ROD FOUND MARKING AN INTERIOR EAST CORNER OF SAID 25.566 ACRE TRACT AND THE MOST WESTERLY CORNER OF SAID LOT 1,BLOCK 1,THE GATEWAY; THENCE:S 41°40'27"W THROUGH SAID 25.566 ACRE TRACT FOR A DISTANCE OF 213.94 FEET TO A 6 INCH IRON ROD FOUND MARKING AN ANGLE POINT IN THE SOUTH LINE OF THIS HEREIN DESCRIBED TRACT; THENCE:S 04°47'16"W CONTINUING THROUGH SAID 25.666 ACRE TRACT FOR A DISTANCE OF 294.72 FEET TO A'INCH IRON ROD FOUND ON THE COMMON LINE OF SAID 25.566 ACRE TRACT AND UNIVERSITY PARK II SUBDIVISION MARKING THE SOUTH CORNER OF THIS HEREIN DESCRIBED TRACT; THENCE:N 48°26' 10"W ALONG THE COMMON LINE OF SAID 25.566 TRACT AND UNIVERSITY PARK II SUBDIVISION FOR A DISTANCE OF 744.04 FEET TO THE OLBGIN_1NG CONTAINING 19.81 ACRES OF LAND,MORE OR LESS. 11/06/2006 04:30 9798468"52 PAGE 07/09 10/13/2006 08:50 FAX 979 288 04 UNIVERSITY TITLE KLING LA 006 SAVE AND EXCEPT; That portion comprising Lot One(1),Block One(i),The Gateway phase Two,Brazos County,Texas,according to plat thereof recorded in Volume 5809,Page 70 of the Official Records of Brazos County,Texas. TRACT TWO: EASEMENT Field notes of a variable width private access easement,lying and being situated In the Richard Carter Survey,Abstract No, 9,College Stetien,Brazos County,Testas,and being part of the 5.69 acre tract described In the deed from Stanley D. Rosenberg to Jamil Eonkarbn recorded in Volume 4844,Page 27,of the Offlelal Records of Brazos County,Texas,and part of the 14.33 acre tract described In the deed from Frank 3.Manaus,Jr.,et al to Delmar Baronhead 1,Ltd,recorded in Volume 3046,Page 100,of the Official Records of Brazos County,Texas,the applicable portion of the 14.33 acre tract being platted as Lot 1A-16.997 acres,Block 1,according to the Raplat and Subdivision Plat establishing Lots IA,5A,9,10 and 11, Block 1,of Gateway Phase 1,according to the plat recorded in Volume 4998,Page 262,of the Official Records of Brazos County,Texas,and being more particularly described as follows; BEGINNING at a 1/2"iron rod set in the northwest right-Of-Way line of University Drive East also known as Farm to Market Road No.60 located 3 78°17'13"W-$1,11 feet from a 1/2"iron rod found marking the common corner between the beforementloned 5.69 acres tract and Lot 1A-16.997 acres,Block It THENCE along the northwest eight-of-way line of University Drive East,as follows: $78°17'13"W for a distance of 19.52 feet; 9 69°45, 13"W for a distance of 50.67 feet to a 60d nail set; THENCE N 19'40'46"W for n distance of 1.44.27 feet to a 60d nail set at the beginning Oa curve,concave to the southwest, having a radius of 144.00 feet; THENCE Northwesterly along said curve for an arc length of 71.32 feet to a 60d nail set at the end of this curve,the chord hears N 33°52' 04"W-70.59 feet; THENCE N 48'03'22"W for a distance of 20.94 feet to a 60d nail set; THENCE N 48°24'59"E for a distance of 1.90 feet to a 60d non set at the beginning of a curve,concave to the northeast, bowing a radius of 421.00 feet; THENCE Northwesterly along said curve for an arc length of 154.15 feet to a 60d nail set at the point of compound curve, concave to the southwest,having a radius of 230.00 feet,the chord bears N 30°51'18"W-153.29 feel THENCE Northwesterly along said curve for an are length of 114.62 feet to a 60d nail set at the end Otitis curve,the chord bears N 34°38'33"W-113.44 feet; THENCE N 48°55' 11"W fora distance of 29.05 feet to a 60d nail set at the beginning of a curve,concave to the northeast, having a radius of 317.00 feet; THENCE Northwesterly along said curve for an arc length of 181,39 feet to a 60d nail set in the common line between the befarementioned 19.81 acre tract end Lot IA-16.997 acres,Bloch 1,the west corner of Lot 1A-16.997 acres,Block 1,bears S 41°56' 11"W•66.36 feet,the chord bears N 35°14'13"W-149.95 feet; THENCE N 41°56'11" E along the common line between the befbrementioned I9.81 acre tract and loot IA-16.997 acres, Block 1,for x distance of 47.86 feet to a 7/2"iron rod set is a curve,concave to the northeast,having a radius of 275.00 feet,a 11/06/2006 04:30 979846R952 PAGE 08/09 10/13/2006 08:50 FAX 979 2B8 34 UNIVERSITY TITLE KLING L1uu7 1/2"iron rod found marking a common angle point between the beforementioned 19.81 acre tract and Lot 1A,Block 1 bears N 41°48'00"G-60,77 feet; THENCE Southeasterly along said curve fbr an arc length of 152.714 feet to a 1/2"Iron rod set at the end of this curve,the chord bears S 33°00'39"E 150.76 feet; THENCE S 48°55'11"E for a distance of 53.57 feet to a 1 t2"iron rod set at the beginning of a curve,concave to the southwest,having a radius of 225.00 feet; THENCE Southeasterly along said curve for an arc length of 112.48 fret to a 1/2"iron rod Set at the point of compound curve,concave to the northeast,having a radius Pr 373.00,the chord bears S 34°35152"E-111.32 feet; THENCE Southeasterly along said curve for an arc length,of 161.38 feet to a 112"iron rod set at the end of this curve,in the northwest line of Si 30'private access and public utility easement as shown on the beforementioned Replant and Subdivision Flat,said 30'private access and public utility easement shown more specifically on the Final Plat of The Gateway Phase 1, recorded In Volume 3663,Page 313,of the Official Records of Brazos County,Texas,the chord bears S 32'40'13"E-160.12 feet; THENCE S 41.56'38"W along the northwest line Oldie beforementioned 30'private access and public utility easement far a distance of 2.51 feet to a 60d nail set,the common line between the beforeanentioned 5.69 acres tract and Lot 1A-16.997 acres,Block I bears S 41°56'3W'W-5.00 feet; THENCE 8 48°03'22"E for a distance of 91.38 feet to a 1/2"iron rod set; THENCE 619'40'46"E at n distance of 10.52 feet pass the common line between the beforementioned 5.69 acres tract and Lot 1A-16.997 acres,Block 1,continue on for a total distance of 147.98 feel to the PLACE OF BEGINNING,containing 0.82 acre of Land,more or less, TRACT THREE: EASEMENT Field notes of a 0,04 acre tract or parcel of Land,lying and being situated in the Richard Carter Survey,Abstract No.8, College Station,Brazos County Texas,and being part of Lot 1,Block 1-6.207 Acres,Phase 3,A Replat and Final Plat of Lot I AR,Lot B and Lot 12,Block 1 aad Lot 1,Block I,Phase 3,Final Plat of Gateway Subdivision,according to the pint recorded in Volume 6872,Page 139,or the Official Records of Brazos County,Texas,and being more particularly described as follows: COMMENCING at a 1/2"iron rod found marking the common earner between the beforementioned Lot 1,Block 1-6.207 acre tract and Lot 11AR 1.11.78 acres according to the Replat of Lot 1AR-12.741 acres and Lot 12-1.661 acres,Block 1, Gateway Subdivision,Phase 1,recorded in Volume 6693,Page 211,of the Official Records o[BraZos County,Texas; THENCE: S 41°48'51"W along the common line between the beforementlonad Lot 1,Block 1-6.207 acres and Lot 1, Block l-12.27 acres,The Gateway,Phase Two according to the plat recorded in Volume 5809,Page 70 or the Official Records or Brazos County,Texas,for a distance of 47.86 feet to a 1/2"iron rod set in the southwest line of a variable width Private Access Easement described in Volume 5779,Page 241,of the Official Records of Brazos County,Texas,Same being a curve,concave to the northwest,having a radius of 317,00 feet and the PLACE OF BEGINNING of this description; THENCE Southerly along the southwest line of the beforementioued variable width Private Access Easement for au ate distance of 49.56 feet to a 60d nail set,the chord bears S 26°90'29"E-49.51 ret; THENCE S 79°40'49"W for a distance of 74.79 feet and corner in the projection of the southwest line of a 45'Private Access Easement as shown on the beforemcntioned plot of Lot 1,Block 1-12.27 acres,Gateway,base Two; 11/06/2006 04:30 9798468252 PAGE 09/09 101131200E 08:31 FAX 979 268 J4 UNIVERSITY TITLE KLING 14008 THENCE along the common tine between the beforementioned Lot 1,Stock] -6.207 acres and Lot 1,Block 1 ,12.27 acres, as follows: N 4P 54'52"E fora distance of 112$feet, N 41°48151"E for distance of 66.36£set to the PLACE OP BEGINNING,containing 0.04 acre of land more or less, TRACT FOUR EASEMENT That portion shown as an Easement for Access of Lot One(1),Block One(1),The Gateway Phase Two,City Of College Station,according to plat thereof recorded in Volume 5809,Page 70 of the Dulcin!Records of Brazos County,Texas. NOTE:The Company is prohibited from insuring the area or quantity of the land described herein.Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct,but is made only fir informational and/or Identiliication purposes and does not override Item 2 of Schedule B hereof.