HomeMy WebLinkAboutMisc Application for Abandonment of
a Public Right-of-Way Easement
Located: 1725 N. Harvey Mitchell Pkwy., College Station, TX 77840
Tr f7e
NF
TITLE INSURANCE POLICY
WITH A NOTHING FURTHER CERTIFICATE
SEP. 1. 2007 4: 0 AM University . e 0r zany NO. 2255 P. 2
GF Number: 00073879
Effective Date: August 21,2007
NOTHING FURTHER CERTIFICATE
STATE OF TEXAS
COUNTY OF BRAZOS
THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County,Texas as they
are reflected in the geographically indexed title plant of University Title Company as to the following property,to
wit:
TRACT ONE: FEE SIMPLE
All of Lot One (1), The Woodlands of College Station, City of College Station, according to plat
thereof recorded in Volume 7420,Page 255 of the Official Records of Brazos County,Texas.
TRACT TWO: EASEMENT
Access easement rights under the terms and conditions and stipulations as created in the
Declaration of Covenants, Restrictions and Easements dated August 4, 2006 and recorded in
Volume 7498,Page 255,Official 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 for informational and/or identification
purposes and does not override Item 2 of Schedule B hereof.
and that our records reflect that the following is a true and correct list of documents affecting title to the real property
described supra between the dates ofFebruary 2,2007 and August 21,2007:
Warranty Deed:
Grantor: Woodlands of College Station Phase 1,LP
Grantee: Woodlands of College Station,LP
Dated: July 24,2007
Recorded: Volume 8139,Page 267,Official Records,Brazos County,Texas.
Warranty Deed:
Grantor: Woodlands of College Station Phase 3,LP
Grantee: Woodlands of College Station,LP
Dated: July 24,2007
Recorded: Volume 8139,Page 274,Official Records,Brazos County,Texas.
Warranty Deed:
Grantor: Woodlands of College Station Phase 4,LP
Grantee: Woodlands of College Station,LP
Dated: July 24,2007
Recorded: Volume 8139,Page 279,Official Records,Brazos County,Texas_
SEP. 1. 2007 4: 10AM University T t ' e Company \0, 2255 P. 3
Warranty Deed:
Grantor: Woodlands of College Station Phase 2,LP
Grantee: Woodlands of College Station,LP
Dated: July 24,2007
Recorded: Volume 8139,Page 284,Official Records,Brazos County,Texas.
Restrictions:
Grantor: Woodlands of College Station,LP
Grantee: The Public
Dated: July 30,2007
Recorded: Volume 8145,Page 143,Official Records,Brazos County,Texas.
This certificate is issued with the express understanding,evidenced by the acceptance of same that the undersigned
does not undertake to give or express any opinion as to the validity of the title to the property above,but is imply
reporting briefly herein as to the instruments listed above found of record pertaining to said property,and it is
expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of
this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taxes,tax suits,special assessments
or conflicts.
University Title Company
By: &
TEXAS MORTGAGEE POLICY OF TITLE INSURANCE
SCHEDULE A
Policy No. 2710143-73204217
GF No.: 00070349 Amount of Insurance $9,601,258.00
Date of Policy February 2,2007 at 3:13 P.M. Premium $39,866.00
I. Name of Insured:
ABF&T,and each successor in ownership of the indebtedness secured by the insured mortgage,except a successor
who is an obligor under the provisions of Section 12{c) of the Conditions and Stipulations.
2. The estate or interest in the land that is insured as encumbered by the insured mortgage is:
Tract One: Fee Simple
Tract Two: Easement
3. "Title to the estate or interest in the land is insured as vested in:
Woodlands of College Station, L.P., a Texas limited partnership
4. The insured mortgage and the assignments thereof, if any, are described as follows:
Deed of Trust to secure a Note:
Grantor: Woodlands of College Station, LP,a Texas limited partnership
Trustee: Brad Sharpe
Beneficiary: AFB&T
Amount: $9,601,258.00
Dated: January 29,2007
Recorded: February 2,2007,Volume 7803, Page 34, Official Records, Brazos County, Texas.
FOR INFORMATIONAL PURPOSES ONLY:
Financing Statement:
Debtor: Woodlands of College Station, LP
Secured Party: AFB&T, a Georgia State Bank
Recorded: February 9,2007,under File No. 07-0004682835,with the Texas Secretary of State.
5. The land referred to in this policy is described as follows:
See Exhibit A attached hereto and made a part hereof.
University Title Company Fidelity National Title Insurance Company
Texas Mortgagee Policy T2(Rev. I-1-93)-Schedule A Valid Only if Schedule 13 and Cover are attached
•
SCHEDULE B
OF No.: 00070349 Policy No.: 2710143-73204217
This policy does not insure against loss or damage(and the Company will not pay costs, attorney's fees or expenses)that
arise by reason of the terms and conditions of the leases or easements insured, if any, shown in Schedule A and the
following matters:
I. The following restrictive covenants of record itemized below, but the Company insures that any such restrictive
covenants have not been violated so as to affect, and that a future violation thereof will not affect, the validity or
priority of the mortgage hereby insured (insert specific recording data or delete this exception):
Volume 7420, Page 255 (on plat) and Volume 7498, Page 255, Official Records, Brazos County, Texas, but
deleting any covenants, conditions or restrictions indicating a preference, limitation or discrimination based on race,
color, religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant(a) is
exempt under Chapter 42, Section3607 of the United States Code or(b)relates to handicap but does not discriminate
against handicapped persons.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any
overlapping of improvements.
3. Standby fees, taxes and assessments by any taxing authority for the year 2006, and subsequent years, and subsequent
taxes and assessments by any taxing authority for prior years due to change in land usage or ownership,but not those
taxes or assessments for prior years because of an exemption granted to a previous owner of the property under
Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year.
4. Liens and leases that affect the title to the estate or interest, but that are subordinate to the lien of the insured
mortgage.
S. (INSERT HERE ALL OTHER SPECIFIC EXCEPTIONS AS TO SUPERIOR LIENS, EASEMENTS,
OUTSTANDING MINERAL AND ROYALTY INTERESTS, ETC.)
a. Easements as shown on plat recorded in Volume7420, Page 255 of the Official Records of Brazos County,
Texas. (TRACT ONE)
b. Easements as shown on plat recorded in Volume542, Page 131 of the Deed Records of Brazos County, Texas.
(TRACT TWO)
c. Easements as set out in restrictions recorded in Volume 7498, Page 255 of the Official Records of Brazos
County, Texas. (TRACT ONE)
d. Easement reserved in Ordinance#2586 abandoning a portion of former Christine Lake recorded in Volume
7474, Page 228,Official Records of Brazos County, Texas.
e. Easement:
From: Edsel Jones and O. D. Butler
To: City of College Station,Texas
Dated: February 12, 1992
Recorded: Volume 1427, Page 289, Official Records, Brazos County, Texas. (TRACT ONE)
f. Easement:
From: O. D. Butler Family Partnership, LTD.
To: City of College Station
Dated: February 22, 1999
Recorded: Volume 3482, Page 230, Official Records, Brazos County, Texas. (TRACT ONE)
University Title Company Fidelity National Title Insurance Company
I Mortgagee Policy T-2(Rev. I-1-93)-Schedule B Valid Only if Schedule A and Cover are attached
SCHEDULE B -continued
GF No.: 00070349 Policy No.: 73204217
g. Easement:
From: O. D. Butler Family Partnership, LTD.
To: City of College Station
Dated: July 16, 1998
Recorded: Volume 3209, Page 84, Official Records, Brazos County,Texas. (TRACT ONE)
h. Easement:
From: Woodlands of College Station, L.P.,et al
To: City of College Station
Dated: June 27,2006
Recorded: Volume 7440, Page 1, Official Records, Brazos County, Texas. (TRACT ONE)
i. Blanket Easement:
From: Mrs.J.J.Jones
To: City of Bryan
Dated: April 20, 1937
Recorded: Volume 98, Page 91, Deed Records, Brazos County, Texas. (TRACT ONE)
j. Blanket Easement:
From: Waldo Walker,et ux
To: City of Bryan
Dated: April 21, 1937
Recorded: Volume 98, Page 92, Deed Records, Brazos County, Texas. (TRACT TWO)
k. Easement:
From: E. Kelly Parker,Trustee
To: City of College Station
Dated: June 26, 1974
Recorded: Volume 335, Page 459, Deed Records, Brazos County, Texas. (TRACT TWO)
1. Easement:
From: Kenneth W. Schick,Trustee
To: City of College Station
Dated: March 12, 1985
Recorded: Volume 776, Page 141, Official Records, Brazos County, Texas. (TRACT TWO)
m. Any and all liens arising by reason of unpaid bills or claims for work performed or materials furnished in
connection with improvements placed,or to be placed, upon the subject land. However, the Company does
insure the Insured against loss, if any, sustained by the Insured under this Policy if such liens have been filed
with the County Clerk of Brazos County, Texas, prior to the date hereof.
n. Pending disbursement of the full proceeds of the loan secured by the lien instrument set forth under Schedule A
hereof,this Policy insures only to the extent of the amount actually disbursed, but increases as each
disbursement is made in good faith and without knowledge of any defects in, or objections to,the title up to the
face amount of the Policy. Nothing contained in this paragraph shall be construed as limiting any exception
under Schedule B,or any printed provision of this Policy.
o. Section 13 of the Conditions and Stipulations of this policy is hereby deleted.
SCHEDULE B-continued
GE'No.: 00070349 Policy No.: 73204217
University Title Company
By:
Authorized Countersignature (ljw)
Exhibit A
TRACT ONE: FEE SIMPLE
All of Lot One (1), The Woodlands of College Station, City of College Station, according to plat thereof recorded in Volume
7420, Page 255 of the Official Records of Brazos County, Texas; SAVE AND EXCEPT FROM SAID LOT ONE, THE
FOLLOWING FOUR(4) PARCELS:
PARCEL ONE:
Being a tract of land situated in the Crawford Burnett League, Abstract Number 7, College Station, Brazos County, Texas,
and being part of a called 73.496 acre tract of land described in a deed to Woodlands of College Station, L.P. recorded in
Volume 7051, Page 158, Deed Records, Brazos County,Texas and being more particularly described as follows:
COMMENCING at the most westerly southwest corner of said Woodlands of College Station, L.P. tract in the northeast
Right-Of-Way line of Harvey Mitchell Parkway (F.M. 2818,a variable width R.O.W.);
THENCE North 45" 23' 19" East continuing with the northwest line of said Woodlands of College Station, L.P. a distance of
558.80 feet to the POINT OF BEGINNING;
THENCE North 45° 23' 19" East continuing with the northwest line of said Woodlands of College Station, L.P. a distance of
188.26 feet to a point for corner;
THENCE departing the northwest line of said Woodlands of College Station, L.P. the following calls:
South 64°34' 45" East a distanceof 181.00 feet to a point for corner;
North 20°40' 12" East a distance of 109.27 feet to a point for corner;
South 44° 48' 19" East a distance of 240.99 feet to a point for corner;
North 45°26' 09" East a distance of 340.16 feet to a point for corner;
South 44°33' 51" East a distance of 319.12 feet to a point for corner;
South 56" 47' 00" West a distance of 306.22 feet to a point for corner;
South 33° 13' 00" East a distance of 108.46 feet to a point for corner;
South 40° 14' 23" West a distance of 11.49 feet to a point for corner;
South 15°00' 38" East a distance of 56.40 feet to a point for corner;
South 28"23' 15" West a distance of 83.14 feet to a point for corner;
South 03"37' 09" East a distance of 63.26 feet to a point for corner;
South 45° 47' 27" West a distance of 71.86 feet to a point for corner;
South 14" 48' 37" West a distance of 52.04 feet to a point for corner;
South 73°58' 02" West a distance of 54.42 feet to a point for corner;
North 60°09' 17" West a distance of 159.44 feet to a point for corner;
North 11°26' 39" West a distance of 123.01 feet to a point for corner;
North 37°33' 32" East a distance of 151.53 feet to a point for corner;
North 67°58' 10" West a distance of 73.17 feet to a point for corner;
South 55°04' 28" West a distance of 132.50 feet to a point for corner;
South 83° 51' 40" West a distance of 23.36 feet to a point for corner;
North 63"26' 12" West a distance of 41.85 feet to a point for corner;
North 06°06' 15" East a distance of 51.28 feet to a point for corner;
North 32"32' 27" West a distance of 169.03 feet to a point for corner;
North 780 08' 39" West a distance of 99.74 feet to a point for corner;
North 50"26' 12" West a distance of 82.34 feet to a point for corner;
South 77°33' 32" West a distance of 49.01 feet to a point for corner;
North 40° 39' 52" West a distance of 43.06 feet to the POINT OF BEGINNING and containing 7.3057 acres of land;
more or less.
FURTHER SAVE AND EXCEPT FROM SAID LOT ONE (1):
PARCEL TWO:
Being a tract of land situated in the Crawford Burnett League, Abstract Number 7, College Station, Brazos County, Texas
and being part of a called 73.496 acre tract of land described in a Deed to Woodlands of College Station, L.P., recorded in
Volume 7051, Page 158, Deed Records, Brazos County,Texas,and being more particularly described as follows:
COMMENCING at the most westerly southwest corner of said Woodlands of College Station, L.P., tract in the northeast
Right-of-Way line of Harvey Mitchell Parkway (F.M. 2818,a variable width R.O.W.);
THENCE North 45° 23' 14" East with the northwest line of said Woodlands of College Station, L.P., a distance of 747.05 feet
to a point;
THENCE departing the northwest line of said Woodlands of College Station, L.P. the following calls:
South 64"34' 45" East a distance of 181.00 feet to a point;
North 20°40' 12" East a distance of 109.27 feet to a point;
South 44° 48' 19" East a distance of 66.73 feet to the POINT OF BEGINNING;
THENCE North 45°26' 09" East a distance of 992.86 feet to a point for corner;
THENCE South 00°21' 36" West a distance of 209.06 feet to a point for corner;
THENCE. South 45°26' 09" West a distance of 418.59 feet to a point for corner;
THENCE South 44"33' 51" East a distance of 26.23 feet to a point for corner;
THENCE South 45°26' 09" West a distance of 425.91 feet to a point for corner;
THENCE North 44° 48' 19" West a distance of 174.25 feet to the POINT OF BEGINNING and containing 147,168 square feet
or 3.3785 acres of land.
FURTHER SAVE AND EXCEPT FROM SAID LOT ONE (1):
PARCEL THREE:
Being a tract of land situated in the Crawford Burnett League, Abstract Number 7, College Station, Brazos County, Texas,
and being part of a called 73.496 acre tract of land described in a deed to Woodlands of College Station, L.P. recorded in
Volume 7051, Page 158, Deed Records, Brazos County,Texas and being more particularly described as follows:
COMMENCING at the most westerly southwest corner of said Woodlands of College Station, L.P. tract in the northeast
Right-of-Way line of Harvey Mitchell Parkway (F.M. 2818,a variable width R.O.W.);
THENCE North 45"23' 14" East with the northwest line of said Woodlands of College Station, L.P. a distance of 747.05 feet to
a point;
THENCE departing the northwest line of said Woodlands of College Station, L.P.,the following calls:
South 64"34' 45" East a distance of 181.00 feet to a point;
North 20° 40' 12" East a distance of 109.27 feet to a point;
South 44°48' 19" East a distance of 240.99 feet to a point;
North 45" 26' 09" East a distance of 340.16 feet to the POINT OF BEGINNING;
THENCE North 45°26' 09" East a distance of 85.75 feet to a point for corner;
THENCE North 44°33' 51" West a distance of 26.23 feet to a point for corner;
THENCE North 45°26' 09" East a distance of 418.59 feet to a point for corner;
THENCE South 44" 48' 06" East a distance of 576.93 feet to a point for corner;
THENCE South 45° 11' 54" West a distance of 306.66 feet to a point for corner;
TIiENCE North 85° 14' 08" West a distance of 307.00 feet to a point for corner;
'I'IiENCE North 44°33' 51" West a distance of 319.12 feet to the POINT OF BEGINNING and containing 266,564 square feet
or 6.1195 acres of land.
FURTHER SAVE AND EXCEPT FROM SAID LOT ONE (1):
PARCEL FOUR:
Being a tract of land situated in the Crawford Burnett League, Abstract Number 7, College Station, Brazos County, Texas,
and being part of a called 73.496 acre tract of land described in a Deed to Woodlands of College Station, L.P. recorded in
Volume 7051, Page 158, Deed Records, Brazos County,Texas and being more particularly described as follows:
COMMENCING at the most westerly southwest corner of said Woodlands of College Station, L.P. tract in the northeast
Right-Of-Way line of Harvey Mitchell Parkway(F.M. 2818,a variable width R.O.W.);
THENCE North 45°23' 19" East with the northwest line of said Woodlands of College Station, L.P. a distance of 747.05 feet to
the POINT OF BEGINNING:
THENCE with the northwest and northeast line of said Woodlands of College Station, L.P. the following calls:
THENCE North 45"26' 19" East a distance of 1331.84 feet to a point for corner;
"THENCE South 45°45' 46" East a distance of 192.17 feet to a point for corner;
THENCE departing northeast line of said Woodlands of College Station, L.P. the following calls:
South 45°26' 09" West a distance of 1174.41 feet to a point for corner;
North 44°48' 19" West a distance of 66.73 feet to a point for corner;
South 20°40' 12" West a distance of 109.27 feet to a point for corner;
North 64° 34' 45" West a distance of 181.00 feet to the POINT OF BEGINNING and containing 244,609 square feet
or 5.6154 acres of land.
TRACT TWO: EASEMENT
Access easement rights under the terms and conditions and stipulations as created in the Declaration of Covenants,
Restrictions and Easements dated August 4,2006 and recorded in Volume 7498, Page 255, Official 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 for informational and/or identification purposes and does not override Item 2 of Schedule B hereof.
Application for Abandonment of
a Public Right-of-Way Easement
Located: 1725 N. Harvey Mitchell Pkwy., College Station, TX 77840
EXHIBIT 7
PLAT, SHOWING RECORDING
INFORMATION AND CLEAN COPY
Application for Abandonm,
a Public Right-of-Way Eas
Located: 1725 N. Harvey
ri )- — .11iiI/L ij
EXHIBIT 8
PROOF OF AUTHORITY TO
SIGN ON BEHALF OF PARTNERSHIP
I
Corporations Section 21 of . Roger
gSecretary William
oStates
P.O.Box 13697 �t;�•
Austin,Texas 78711-3697 = ''� -_tt
i iii' 3 '
Office of the Secretary of State
CERTIFICATE OF FILING
OF
Woodlands of College Station,L.P.
Filing Number.800532965
The undersigned, as Secretary of State of Texas,hereby certifies that a certificate of limited partnership
for the above named limited partnership has been received in this office and filed as provided by law on
the date shown below.
Accordingly,the undersigned as Secretary of State hereby issues this certificate evidencing the filing in
this office.
Dated:08/17/2005
Effective:08/17/2005
(arV
P".
Roger Williams
Secretary of State
Come visit us on the interact at httpJ/www.sos.state.tx.usl
Phone:(512)463-5555 Fax:(512)463-5709 TTY:7-1-1
Prepared by:Don Gooding Document: 100832880002
CERTIFICATE OF LIMITED PARTNERSHIP
OF
WOODLANDS OF COLLEGE STATION, L.P.
This Certificate of Limited Partnership is filed pursuant to the Texas Revised
Limited Partnership Act. The undersigned General Partner, who desires to form a
limited partnership,certifies that:
1. The name of the partnership is Woodlands of College Station, L.P.
2. The name of the partnership's registered agent for service of process is
CHARLES A. ELUSON, P.C. The address of the partnership's registered
office and the partnership's registered agent is 302 Holleman Drive East,
Suite 76,College Station,Texas 77840-7000.
3. The address of the principal office where records that are required to be
kept will be kept or made available is 126 Briarcliff Road. Suite 9. Athens.
Georgia 30606.
4. The name and address of the business or residence of each general
partner are as follows:
Name Address
WOODLANDS OF 126 Briarcliff Road, Suite 9
COLLEGE STATION GP,LLC, Athens,Georgia 30606
a Texas limited liability company
5. This certificate of limited partnership shall be effective on the date of filing
with the Secretary of State.
I affirm, under penalty of perjury, that this certificate is executed on August 3,
2005, and,to the best of my knowledge and belief,the facts stated in this certificate are
true.
General Partner:
WOODLANDS OF ' L - STATION GP, LLC
a Texas limit:, Ii ..mpany
I
By: 11111,1k,
Thomas W. •tt, -mber
By: ..
•'vid R.Mulkey, Mem•
Corporations Section Roger Williams
P.O.Box 13697 (
/ 'fit'! �F Secretary of State
`� . `=��,
Austin,Texas 78711-3697 z•
i1
Office of the Secretary of State
CERTIFICATE OF ORGANIZATION
OF
WOODLANDS OF COLLEGE STATION GP, LLC
Filing Number: 800526553
The undersigned, as Secretary of State of Texas, hereby certifies that Articles of Organization for the
above named company have been received in this office and have been found to conform to law.
ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the
Secretary by law,hereby issues this Certificate of Organization.
Issuance of this Certificate of Organization does not authorize the use of a name in this state in violation
of the rights of another under the federal Trademark Act of 1946,the Texas trademark law,the Assumed
Business or Professional Name Act,or the common law.
Dated: 08/02/2005
Effective: 08/02/2005
Cep
LAI -)Or
,„,q44.440,4;wp
—446% Roger Williams
Secretary of State
Come visit us on the internet at http://www.sos.state.tx.us/
Phone:(512)463-5555 Fax:(512)463-5709 TTY:7-1-1
Prepared by:Debi Mojica Document:99266650002
979 693 8819 THE ELLISON FIRM 09:11:06 a m. 08-02.-2005 8/9
FILED
in the Office of the
Secretar' f Texas:
ARTICLES OF ORGANIZATION
AUG t 2 Z005
OF
Corporations Section
WOODLANDS OF COLLEGE STATION GP, LL
I,the undersigned natural person of the age of eighteen(18)years or more,acting as the
organizer of a limited liability company(the"Company")under the Texas Limited Liability Company
Act, as amended,do hereby adopt the following Articles of Organization for such Company:
ARTICLE I
The name of the Company is WOODLANDS OF COLLEGE STATION GP, LLC.
ARTICLE II
The period of duration of the Company is perpetual.
ARTICLE III
The purpose for which the Company is organized is to transact any or all lawful business
for which limited liability companies may be organized under the Texas Limited Liability Company
Act.
ARTICLE IV
The address of the Company's principal place of business is as follows:
126 Briarcliff Road, suite 9
Athens, Georgia 30606
ARTICLE V
The name and address of the Company's initial registered agent and registered office is as
follows:
Charles A. Ellison, P.C.
302 Holleman Drive East, Suite 76
College Station,Texas 77840-7000
ARTICLE VI
The Company will not have managers and the management of the Company will be
conducted by its members. The names and addresses of the initial members of the Company are
as follows: •
Articles of Organization Pagel
979 693 8819 THE ELLISON FIRM 091 1:15 a . 08-02-2005 919
Name Address
Thomas W. Scott P.O. Box 1983
Athens, Georgia 30603
David R. Mulkey 126 Briarcliff Road, Suite 9
Athens, Georgia 30606
ARTICLE VII
The name and address of the organizer of the Company is as follows:
Bradley T. Sharpe
Charles A. Ellison, P.C.
302 Holleman Drive East, Suite 76
College Station,Texas 77840-7000
ARTICLE VIII
No member of the Company shall be liable to the Company or Its members for monetary
damages for an act or omission in the member's capacity as a member, except for liability of a
member for(i)a breach of such member's duty of loyalty to the Company or its members,(ii)an
act or omission not in good faith that constitutes a breach of duty of such member to the Company,
(iii)an act or omission of such member which involves intentional misconduct or a knowing violation
of the law,(iv)a transaction from which such member received an improper benefit,whether or not
the benefit resulted from an action taken within the scope of the member's position,or(v)an act or
omission for which the liability of such member Is expressly provided for by an applicable statute.
If the Texas Limited Liability Company Act, the Texas Business Corporation Act, the Texas
Miscellaneous Corporation Laws Act,or other applicable law is amended to authorize action further
eliminating or limiting the liability of members,then the liability of a member of the Company shalt
be eliminated or limited to the fullest extent permitted by the Texas Limited Liability Company Act,
the Texas Business Corporation Act, the Texas Miscellaneous Corporation Laws Act, or other
applicable law, as so amended. Any repeal or modification of the foregoing provisions by the
members shall not adversely affect any right or protection of a member existing at the time of such
repeal or modification.
IN WITNESS WHEREOF, the undersigned organizer has signed these Articles of
Organization on the 2nd day of August, 2005.
04, Lg.,/
Bradley T. /rpe, Organizer
Articles of Organization Page2
7de°S.7:15.
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Scale= 1: 165(Feet)
1 N 87°56'09"E 32.12 6 S71°43'27"W 340.11
2 S 73°55'28"E 293.67 7 N 73°55'28"W 367.36
3 N 71°43'27"E 272.16 8 S 89°03' 17"E 38.31
4 N 88°40'02"E 34.31
5 S 89° 12'53"E 30.62