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HomeMy WebLinkAboutTitle Report Brazos County Abstract Company "More Than 140 Years of Title Service" P.O. Box 4704 Phone: (979) 731-1900 3800 Cross Park Drive Bryan, Texas 77805-4704 Fax: (979)731-1381 Bryan,Texas 77802 BCAC GF NO. BC1503583 Title Report Prepared 2/27/2015 for Heath Phillips Investments, LLC P.O.Box 262 Wellborn,TX 77881 "Experience Matters" Brazos County Abstract Company "More Than 140 Years of Title Service" TITLE REPORT Effective Date:February 25,2015 at 8:00 am GF NO: BC1503583 LEGAL DESCRIPTION: TRACT ONE: Being all that certain tract or parcel of land lying and being situated in the CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, College Station,Texas. Said tract being a portion of the remainder of a called 108.88 acre tract as described by a deed to Heath Phillips Investments, LLC recorded in Volume 9627, page 73, Official Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found on the southwest line of Old Wellborn Road (variable width R.O.W.) marking the east corner of said remainder of 108.88 acre tract and the north corner of a called 12.40 acre tract as described by a deed to Osage, LTD. recorded in Volume 1130,page 570,Official Records of Brazos County,Texas; THENCE: S 41° 12' 34" W along the common line of said remainder of 108.88 acre tract and said 12.40 acre tract for a distance of 494.87 feet to the south corner of this herein described tract; THENCE: through said remainder of 108.88 acre tract for the following calls: N 47° 45' 43" W for a distance of 410.17 feet to the beginning of a clockwise curve having a radius of 25.00 feet; Along said curve through a central angle of 90°00'00"for an arc distance of 39.27 feet(chord bears:N 02°45'43" W-35.36 feet)to the end of said curve; N 42° 14' 17" E for a distance of 449.62 feet to the beginning of a clockwise curve having a radius of 25.00 feet; Along said curve through a central angle of 90°41'26" for an arc distance of 39.57 feet(chord bears: N 87° 35' 00" E - 35.57 feet) to the end of said curve on the southwest line of Old Wellborn Road; THENCE: S 47°04' 17"E along the southwest line of Old Wellborn Road for a distance of 401.01 feet to the POINT OF BEGINNING containing 4.911 acres of land,more or less. TRACT TWO: Being all that certain tract of land lying and being situated in THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, College Station, Texas. Said tract being a portion of the remainder of a called 108.88 acre tract as described by a deed to Heath Phillips Investments, LLC, recorded in Volume 9627, page 73, Official Records of Brazos County, Texas, and a portion of a called 29.869 acre tract as described by a deed to Heath Phillips Investments,LLC recorded in Volume 11623, page 227,Official Records of Brazos County,Texas. Said tract being more particularly described by metes and bounds as follows: BEGINNING at a %2 inch iron rod found on the southwest line of Old Wellborn Road marking the north corner of said 29.869 acre tract and the east corner of a called 4.525 acre tract as described by a deed to BCS Wellborn Storage, LP recorded in Volume 12111, page 57, Official Records of Brazos County,Texas; THENCE: S 47° 04' 17" E along the southwest line of Old Wellborn Road, at 395.75 feet pass the common corner of said 29.869 acre tract and said remainder of 108.88 acre tract, continue on for a total distance of 771.78 feet to a point marking the beginning of a clockwise curve having a radius of 25.00 feet; THENCE: through said remainder of 108.88 acre tract for the following calls: Along said curve through a central angle of 89° 18'34"for an arc distance of 38.97 feet(chord bears: S 02°25'00" S-35.14 feet)to the end of said curve; S 42° 14' 17" W for a distance of 40.54 feet to the beginning of a counterclockwise curve having a radius of 617.50 feet; Along said curve through a central angle of 07°01' 10" for an arc distance of 75.65 feet(chord bears: S 38°43'42" W-75.61 feet)to the end of said curve; S 35° 13' 07" W for a distance of 260.61 feet to the beginning of a clockwise curve having a radius of 532.50 feet; Along said curve through a central angle of 07°01' 10"for an arc distance of 65.24 feet(chord bears: S 38°43'42" S-65.20 feet)to the end of said curve; S 42° 14' 17" W for a distance of 162.04 feet to the beginning of a clockwise curve having a radius of 25.00 feet; Along said curve through a central angle of 90°00'00" for an arc distance of 39.27 feet(chord bears:S 87° 14' 17" W-35.36 feet)to the end of said curve; S 42° 14' 17" W for a distance of 67.00 feet to the northeast line of Lot 1, block 28, The Barracks 11 Subdivision, Phase 300, according to the plat recorded in Volume 11209, page 184,Official Records of Brazos County,Texas; THENCE: N 47°45'43" W along the common line of said remainder of 108.88 acre tract and said Phase 300 for a distance of 416.17 feet to the common line of said 108.88 acre tract and said 29.869 acre tract; THENCE: through said 29.869 acre tract for the following calls: N 47° 45'43" W along the extension of the northeast line of said Phase 300 for a distance of 252.86 feet to the beginning of a clockwise curve having a radius of 463.50 feet; Along said curve through a central angle of 17° 37' 19" for an arc distance of 142.55 feet (chord bears:N 38°57'03" W- 141.99 feet)to the end of said curve; N 30° 08'24" W for a distance of 1.41 feet to the common line of said 29.869 acre tract and Lot 1, German Acres, according to the plat recorded in Volume 2393, page 91, Official Records of Brazos County, Texas, for reference a 1/2 inch iron rod found on said common line bears: S 42°08'32"S for a distance of 399.12 feet; THENCE: N 42°08'32"E along the common line of said 29.869 acre tract and said Lot 1,at 78.31 feet pass a 1/2 inch iron rod found marking the common corner of said Lot 1 and the aforementioned 4.525 acre tract,continue on along the common line of said 29.869 acre tract and said 4.525 acre tract for a total distance of 705.91 feet to the POINT OF BEGINNING containing 13.565 acres of land,more or less. TRACT THREE: Being all that certain tract of land lying and being situated in the CRAWFORD BURNETT LEAGUE,ABSTRACT NO. 7, College Station,Texas. Said tract being a portion of a called 29.869 acre tract as described by a deed to Heath Phillips Investments, LLC recorded in Volume 11623,page 227,Official Records of Brazos County,Texas. Said tract being more particularly described by metes and bounds as follows: BEGINNING at a 'A inch iron rod found on the northeast line of Holleman Drive marking the northwest corner of said 29.869 acre tract and the south corner of a called 1.969 acre tract as described by a deed to Billy W. Sparkman and Nellie Sparkman recorded in Volume 3381, page 255,Official Records of Brazos County,Texas; THENCE: N 42° 08' 32" E along the common line of said 29.869 acre tract and said 1.969 acre tract, at 703.04 feet pass a 1/2 inch iron rod found marking the south corner of German Acres, according to the plat recorded in Volume 2393, page 91, Official Records of Brazos County,Texas,continue on for a total distance of 1226.20 feet to the northeast corner of this herein described tract, for reference a 1/2 inch iron rod found on the common line of said 29.869 acre tract and German Acres bears:N 42°08'32" E for a distance of 1411.45 feet; THENCE: through said 29.869 acre tract for the following calls: S 47°45'43" E for a distance of 104.88 feet; N 42° 14' 17"E for a distance of 120.00 feet; S 47°45' 43" E for a distance of 287.49 feet to the common line of said 29.869 acre tract and The Barracks II Subdivision, Phase 100, according to the plat recorded in Volume 10570, page 293,Official Records of Brazos County,Texas; THENCE: S 42° 14' 15" W along the common line of said 29.869 acre tract and said Phase 100 for a distance of 1534.19 feet to a 1/2 inch iron rod found on the northeast line of Holleman Drive marking the south corner of this herein described tract; THENCE: N 22° 02' 42" W along the northeast line of Holleman Drive for a distance of 43324 feet to the POINT OF BEGINNING containing 12.650 acres of land,more or less. TRACT FOUR: Being all that certain tract of land lying and being situated in the CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, College Station, Texas. Said tract being a portion of the remainder of a called 108.88 acre tract as described by a deed to Heath Phillips Investments, LLC,recorded in volume 9627,page 73,Official Records of Brazos County,Texas; Said tract being more particularly described by metes and bounds as follows: BEGINNING at a %s inch iron rod found on the southwest line of The Barracks 11 Subdivision, Phase 101, according to the plat recorded in Volume 11191, page 123, Official Records of Brazos County, Texas, marking an easterly corner of said remainder of 108.88 acre tract and the north corner of a called 22.97 acre tract as described by a deed to Charles J. Turner and Mary E. Turner recorded in Volume 3331, page 61, Official Records of Brazos County, Texas; THENCE: S 41°21' 39" W along the common line of said remainder of 108.88 acre tract and said 22.97 acre tract for a distance of 801.60 feet to a %2 inch iron rod found on the northwest line of a called 23.00 acre tract as described by a deed to Henry P. Mayo and wife, Sandra K. Mayo, recorded in Volume 1253, page 878, Official Records of Brazos County, Texas, marking the south corner of said remainder of 108.88 acre tract and the east corner of a called remainder of 27.02 acre tract as described by a deed to College Station I.S.D. recorded in Volume 9626,page 76,Official Records of Brazos County,Texas; THENCE:N 47° 43' 18" W along the common line of said remainder of 108.88 acre tract and said remainder of 27.02 acre tract for a distance of 281.64 feet; THENCE: N 42° 14' 17" E through said remainder of 108.88 acre tract for a distance of 635.37 feet; THENCE: continuing through said remainder of 108.88 acre tract for the following calls: N 47°45' 43" W along the extension of the southwest line of Papa Bear Drive for a distance of 83.00 feet; N 42° 14' 17" E across the right-of-way of Papa Bear Drive for a distance of 50.00 feet to the beginning of a clockwise curve having a radius of 25.00 feet; Along said curve through a central angle of 90°00'00" for an arc distance of 39.27 feet(chord bears:N 02°45'43" W-35.36 feet)to the end of said curve; N 42° 14' 17" E along the extension of the southeast line of Hayes Lane for a distance of 90,92 feet to the west corner of block 14,The Barracks 11 Subdivision, Phase 101; THENCE: S 47°45'43"E along the common line of said remainder of 108.88 acre tract and said Phase 101 for a distance of 377.37 feet to the POINT OF BEGINNING containing 5.448 acres of land,more or less. 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. TITLE APPEARS TO BE VESTED IN: Heath Philips Investments, LLC by Deed from Arrenia E. Ellis,Florence H.King,Lewis M.Haupt,III and Luella H.Trotter, recorded in Volume 9627,page 73,Official Records of Brazos County,Texas.(Tracts 1,4 and part of Tract 2) and by Deed from The Mabel M.Barger Trust,recorded in Volume 11623,page227,Official Records of Brazos County,Texas.(Tract 3 and part of Tract 2) SUBJECT TO: LIENS: Deed of Trust, Security Agreement, Fixtures, Financing Statement and Assignment of Rents and Leases dated October 4, 2011,executed by Heath Phillips Investments,LLC to Tom Giesenschlag, Trustee, securing one note of even date payable to Greens Prairie Investors, Ltd., in the principal amount of$2,600,000.00, recorded in Volume 10364,page 96,Official Records of Brazos County, Texas, and being modified, rearranged and/or extended in Volume 12360, page 268, Official Records of Brazos County,Texas. (Tracts 1,4 and part of Tract 2) ABSTRACTS OF JUDGMENTS/FEDERAL AND/OR STATE LIENS: None of Record. EASEMENTS: Right-of-Way Easement from J. W. Mochas to Sinclair Refining Company, dated September 6, 1947,recorded in Volume 132,page 68,Deed Records of Brazos County,Texas. Right-of-Way Easement from P. J. Mochas, et al to Sinclair Refining Company, dated March 1, 1947, recorded in Volume 132, page 134, Deed Records of Brazos County, Texas. (Tract 3 and part of Tract 2) Right-of-Way Easement from P.D.Gandy,et ux to City of Bryan,dated December 22, 1949, recorded in Volume 141,page 392,Deed Records of Brazos County,Texas.(Tracts 1,4 and part of Tract 2) Right-of-Way Easement from Arrenia Haupt Ellis et al to Wellborn Special Utility District, dated May 12, 1999, recorded in Volume 3645, page 298, Official Records of Brazos County, Texas. (Tracts 1,4 and part of Tract 2) Public Utility Easement from Mabel McQueen Barger to the City of College Station,Texas,dated March 23,2006,recorded in Volume 7220,page 67,Official Records of Brazos County,Texas. (Part of Tract 2) Public Utility Easement from Arrenia Haupt Ellis,et al to City of College Station,Texas,dated May 24,2006,recorded in Volume 7233,page 93,Official Records of Brazos County,Texas. (Tract 1 and part of Tract 2) Temporary Construction Easement from Arrenia H.Ellis et al to City of College Station,Texas, dated May 24,2006,recorded in Volume 7233,page 103,Official Records of Brazos County, Texas. (Tract 1) Right-of-Way Easement from Mable M.Barger Trust to Wellborn Special Utility District dated August 20,2010,recorded in Volume 10086,page 217,Official Records of Brazos County,Texas. (Tract 3 and part of Tract 2) Temporary Blanket Utility Easement from Heath Phillips Investments,LLC to City of College Station,Texas,dated November 1,2011,recorded in Volume 10420,page 239,Official Records of Brazos County,Texas.(Tract 1 and part of Tract 2) Explorer Gas Pipeline as depicted on survey plat prepared by Brad Kerr,Registered Professional Land Surveyor, State of Texas,No.4502,dated September 10,2013.(Tract 3) OUTSTANDING MINERALS AND/OR ROYALTIES: Royalty reservation in Deed from S.F. Machos,et al to P. D.Gandy,dated October 3, 1949, recorded in Volume 140,page 614, Deed Records of Brazos County,Texas.Title to this reservation has not been traced subsequent to the date of the above-cited instrument.(Tracts 1,4 and part of Tract 2) Mineral reservation in Deed from S.F. Machos,et al to J.Wheeler Barger,dated January, 1956, recorded in Volume 171,page 567,Deed Records of Brazos County,Texas. Title to this reservation has not been traced subsequent to the date of the above-cited instrument.(Tract 3 and part of Tract 2) Mineral and groundwater reservation in Deed from Arrenia H. Ellis,et al to Heath Phillips Investments,LLC,dated May 13,2010,recorded in Volume 9627,page 73,Official Records of Brazos County,Texas.Title to this reservation has not been traced subsequent to the date of the above-cited instrument. (Tracts 1,4 and part of Tract 2) Mineral and water reservations in Deed from John Wheeler Barger,Trustee of the Mabel M. Barger Trust to Heath Phillips Investments,LLC dated September 23,2013,recorded in Vol 11623,page 227,Official Records of Brazos County,Texas. Title to this reservation has not been traced subsequent to the date of the above-cited instrument. (Tract 3 and part of Tract 2) Terms,conditions and stipulations contained in Bill of Sale for Water rights from Haupt Family Partnership to the Haupt Water Partnership,dated December 7,2000,recorded in Volume 4012, page 288,Official Records of Brazos County,Texas. (Tracts 1,4 and part of Tract 2) OIL&GAS LEASES: Estate created by Oil and Gas Leases from Florence Haupt King,et al to Baker Exploration Company,dated December, 1993,recorded in Volume 2020,pages 93, 113, 122 and 140,Official Records of Brazos County,Texas. Title to this lease has not been traced subsequent to the date of the above-cited instrument. (Tracts 1,4 and part of Tract 2) Estate created by Oil and Gas Lease from Lewis M.Haupt to Baker Exploration Company,dated January 5, 1994,recorded in Volume 2020,page 146,Official Records of Brazos County,Texas. Title to this lease has not been traced subsequent to the date of the above-cited instrument. (Tracts 1,4 and part of Tract 2) Estate created by Memorandum of Oil and Gas Lease(s)from Luella H.Trotter,et al to BRW Land Services,dated December 27,2012,recorded in Volume 11145,pages 9, 14 and 16,Official Records of Brazos County,Texas. Title to said lease(s)has not been traced subsequent to the date of the above-cited instrument. (Tracts 1,4 and part of Tract 2) Estate created by Oil and Gas Lease(s)from Mabel M.Barger Trust to BRW Land Services,dated January 11,2013,recorded in Volume 11145,page 20,Official Records of Brazos County,Texas. Title to said lease(s)has not been traced subsequent to the date of the above-cited instrument. (Tract 3 and part of Tract 2) RESTRICTIONS OF RECORD: Restrictive covenants recorded in Volume 8986,page 115 and Volume 10671,page 145,Official Records of Brazos County,Texas. (Tract 4) TAXES/ASSESSMENTS: NONE REQUESTED MISCELLANEOUS: All leases,grants,exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights,privileges and immunities relating thereto,appearing in the Public Records,whether listed or not.There may be leases,grants,exceptions or reservations of mineral interests that are not listed. THIS TITLE REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING,EVIDENCED BY THE ACCEPTANCE OF SAME THAT THE UNDERSIGNED, Brazos County Abstract Company DOES NOT UNDERTAKE HEREIN TO GIVE OR EXPRESS ANY OPINION AS TO THE VALIDITY OF THE TITLE TO THE PROPERTY ABOVE DESCRIBED,NOR AS TO THE VALIDITY OF ANY OF THE INSTRUMENTS REPORTED HEREIN,INCLUDING THE PURPORTED DEED(S)ESTABLISHING THE RECORD OWNER(S)CITED ABOVE,BUT IS SIMPLY REPORTING BRIEFLY HEREIN AS TO THE INSTRUMENTS FOUND OF RECORD PERTAINING TO SAID PROPERTY,AND IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THIS TITLE REPORT IS NEITHER A GUARANTY NOR WARRANTY OF THE TITLE.BY ACCEPTANCE OF THIS TITLE REPORT IT IS UNDERSTOOD THAT THE LIABILITY OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO THE ACTUAL MONETARY CONSIDERATION PAID FOR SAID REPORT BY Heath Phillips Investments, LLC.THIS SEARCH HAS BEEN LIMITED TO THE ABOVE MATTERS AND THE ABOVE TIME PERIOD;AND WE HAVE NOT SEARCHED FOR,NOR HAVE REFLECTED HEREIN,ANY EXAMINATION AS TO TAX SUITS,SPECIAL ASSESSMENTS,CONFLICTS OR OTHER INSTRUMENTS WHICH MAY AFFECT TITLE TO THE SUBJECT PROPERTY. IF TITLE INSURANCE COVERAGE,WHICH IS NOT PROVIDED BY THIS REPORT,IS NEEDED,SAID COVERAGE IS AVAILABLE THROUGH THE APPLICABLE PROMULGATED POLICY(IES),AND AT A SPECIFIED RATE PREMIUM. Brazos County Abstract Company BY: