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Home My WebLink AboutExaminers Report • GF#33100 EXAMINER'S REPORT RECORD TITLE AT THE EFFECTIVE DATE HEREOF APPEARS TO BE VESTED IN DWS Development,Inc.,a Texas Corporation THE LAND REFFERRED TO IN THIS REPORT IS DESCRIBED AS ROLLOWS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, COLLEGE STATION,BRAZOS COUNTY,TEXAS. SAID TRACT BEING ALL OF A CALLED 12.573 ACRE TRACT AS DESCRIBED BY A DEED TO DWS DEVELOPMENT,INC.RECORDED IN VOLUME 12198 PAGE 194 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS,AND A PORTION OF A CALLED 9.269 ACRE TRACT AS DESCRIBED BY A DEED TO DWS DEVELOPMENT, INC. RECORDED IN VOLUME 12198,PAGE 169 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 1/2 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF ROCK PRAIRIE ROAD MARKING THE SOUTH CORNER OF SAID 9.269 ACRE TRACT AND THE EAST CORNER 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 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY,TEXAS; THENCE: N 47° 44' 50" W ALONG THE COMMON LINE OF SAID 9.269 ACRE TRACT AND SAID 23.00 ACRE TRACT FOR A DISTANCE OF 871.91 FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED TRACT; THENCE: N 47° 44' 50" W CONTINUING ALONG THE COMMON LINE OF SAID 9.269 ACRE TRACT, SAID 12.573 ACRE TRACT AND SAID 23.00 ACRE TRACT, AT 720.98 FEET PASS A 1/2 INCH IRON ROD FOUND, CONTINUE ON FOR A TOTAL DISTANCE OF 721.50 FEET TO THE SOUTHEAST LINE 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 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A 1/2 INCH IRON ROD FOUND MARKING THE SOUTH CORNER OF SAID REMAINDER OF 108.88 ACRE TRACT BEARS: S 41° 21' 39" W FOR A DISTANCE OF 60.12 FEET; THENCE: N 41° 21' 39" E ALONG THE COMMON LINE OF SAID 12.573 ACRE TRACT AND SAID REMAINDER OF 108.88 ACRE TRACT FOR A DISTANCE OF 741.33 FEET TO THE SOUTHWEST LINE OF THE BARRACKS II SUBDMSION, PHASE 101, ACCORDING TO THE GF#33100 PLAT RECORDED IN VOLUME 11191, PAGE 123 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A 1/2 INCH IRON ROD FOUND BEARS: N 38° 03'26"E FOR A DISTANCE OF 0.13 FEET; THENCE: S 49° 58' 35" E ALONG THE ALONG THE COMMON LINE OF SAID 12.573 ACRE TRACT AND SAID PHASE 101 FOR A DISTANCE OF 562.09 FEET TO THE NORTHWEST LINE OF BUENA VIDA SUBDIVISION,ACCORDING TO THE PLAT RECORDED IN VOLUME 10140, PAGE 169 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A 1/2 INCH IRON ROD FOUND BEARS: N 00° 39' 03" W FOR A DISTANCE OF 0.26 FEET; THENCE: S 41° 27 23" W ALONG THE COMMON LINE OF SAID 12.573 ACRE TRACT AND BUENA VIDA SUBDIVISION FOR A DISTANCE OF 206.39 FEET TO A 1/2 INCH IRON ROD FOUND MARKING THE MOST WESTERLY CORNER OF BUENA VIDA SUBDIVISION; THENCE: S 47° 49' 48" E CONTINUING ALONG THE COMMON LINE OF SAID 12.573 ACRE TRACT AND BUENA VIDA SUBDIVISION FOR A DISTANCE OF 260.09 feet; THENCE: ALONG THE COMMON LINE OF SAID 12.573 ACRE TRACT AND SAID 9.269 ACRE TRACT FOR THE FOLLOWING CALLS: S 42° 15' 10"W FOR A DISTANCE OF 115.61 FEET; N 47°44'50"W FOR A DISTANCE OF 29.16 FEET; S 42° 10' 12" W 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: S 02°44'50" E-35.36 FEET)TO THE END OF SAID CURVE; S 42° 15' 10" W FOR A DISTANCE OF 176.50 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° 15'09"W-3536 FEET)TO THE END OF SAID CURVE; N 47°44'50"W FOR A DISTANCE OF 12.02 FEET; S 42° 13'46"W FOR A DISTANCE OF 50.00 FEET; N 47°44'50"W FOR A DISTANCE OF 50.50 FEET; • THENCE: S 42° 15' 10"W THROUGH SAID 9.269 ACRE TRACT FORA DISTANCE OF 115.00 . FEET TO THE POINT OF BEGINNING CONTAINING 12.619 ACRES OF LAND,MORE OF LESS. 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 AGGIELAND TITLE COMPANY Page 2 GF#33100 whether listed in Schedule B or not. There may be leases,grants,exceptions or reservations of mineral interest that are not listed. AGGIELAND TITLE COMPANY Page 3 GF#33100 SCHEDULE B EXCEPTIONS RESTRICTIVE COVENANTS: • •a. Property is fenced and cross-fenced;however the perimeter fencing is not exactly on the property lines in some places,as shown on survey dated February 3,2014 prepared under the supervision of Brad Kerr,RPLS No.4502. b. This policy does not insure the title to,nor encumbrances against,the mobile homes or manufactured housing units which are situated on the herein described land. c. Easement granted to the City of Bryan,Texas by W.E.Gandy,et ux as set out in instrument dated April 7, 1937,recorded in Volume 98,page 95 of the Deed Records of Brazos County,Texas,and as noted on survey dated February 3,2014 prepared under the supervision of Brad Kerr,RPLS No.4502. d. Easement granted to the City of Bryan,Texas by Patsy Graham d/b/a Palomino Enterprises as set out in instrument dated June 2, 1983,recorded in Volume 589,page 635 of the Deed Records of Brazos County,Texas,and as noted on survey dated February 3,2014 prepared under the supervision of Brad Kerr,RPLS No.4502. e. Affidavit giving notice of on-site wastewater treatment system,executed by Charles Ivan Turner,dated October 31,2003 recorded in Volume 5699,page 171 of the Official Public Records of Brazos County,Texas. f. Mineral Reservation as set out in deed dated May 13, 1983 from John C. Schmidt and wife,Suzanne Schmidt,formerly Suzanne Wheeless to Patsy Graham d/b/a Palomino Enterprises,recorded in Volume 580,page 138,Deed Records of Brazos County, Texas.Title to this interest not investigated subsequent to date of said instrument. g. Mineral Reservation as set out in deed dated November 30, 1998 from Patsy Graham nka Patsy Williamson to Charles I.Turner and Mary E.Turner,recorded in Volume 3331,page 61,Official Public Records of Brazos County,Texas.Title to this interest not investigated subsequent to date of said instrument. h. Affidavit of Non-Production executed by Charles L.Turner and Mary E.Turner dated March 3,2014 and recorded in Volume 11920,page 9, Official Public Records of Brazos County,Texas. i. Sixteen foot(16)utility easement along Gandy Road(nka Rock Prairie Road)as shown on Final Plat of Gandy Road recorded in Volume 352,page 555,Official Public Records of Brazos County,Texas,and as shown on survey dated February 3,2014 prepared under the supervision of Brad Kerr,RPLS No.4502. j. Aerial electric lines run from the south corner northwest along the property line,then branches out to the various buildings,as shown on survey dated February 3,2014 prepared under the supervision of Brad Kerr,RPLS No.4502. AGGIELAND TITLE COMPANY Page 4 GF#33100 k. Temporary Blanket Utility Easement from DWS Development,Inc.,to City of College Station,Texas,dated August 26,2014,recorded in Volume 12241,page 69 of the Official Public Records of Brazos County,Texas. 1. Temporary Access Easement from DWS Development,Inc.,to City of College Station, Texas,dated September 11,2014,recorded in Volume 12280,page 65 of the Official Public Records of Brazos County,Texas. m. Easement Agreement for Sanitary Sewer.and Storm Sewer from Heath Phillips • Investments,LLC to DWS Development,Inc.,dated October 6,2014,recorded in Volume 12311,page 246 of the Official Public Records of Brazos County,Texas. n. Rights of parties in possession. AGGIELAND TITLE COMPANY Page 5 GF#33100 CURATIVE MATTERS a. Vendor's Lien retained in deed dated August 7,2014 from Charles I.Turner and Mary E.Turner to DWS Development,Inc.,recorded in Volume 12198,page 169,securing the payment of one note of even date therewith in the principal sum of$1,575,000.00, payable to Prosperity Bank,and additionally secured by Deed of Trust of even date therewith executed by DWS Development Inc.,to David Zalman,Trustee,said deed of trust filed for record with the County Clerk of Brazos County,Texas on August 8,2014 and recorded in Volume 12198,Page 173 of the Official Public Records of Brazos County,Texas. b. Collateral Assignment of Leases dated August 7,2014 from DWS Development,Inc.,a Texas Corporation, "Assignor"to Prosperity Bank,"Assignee",recorded in Volume 12198,page 186,of the Official Public Records of Brazos County,Texas. c. Vendor's Lien retained in deed dated August 7,2014 from Charles L Turner and Mary E.Turner to DWS Development,Inc.,recorded in Volume 12198,page 194,securing the payment of one note of even date therewith in the principal sum of$467,644.45, payable to Prosperity Bank,and additionally secured by Deed of Trust of even date therewith executed by DWS Development Inc.,to David 7511mAn,Trustee,said deed of trust filed for record with the County Clerk of Brazos County,Texas on August 8,2014 and recorded in Volume 12198,Page 198 of the Official Public Records of Brazos County,Texas. d. Collateral Assignment of Leases dated August 7,2014 from DWS Development,Inc.,a Texas Corporation,"Assignor"to Prosperity Bank,"Assignee",recorded in Volume 12198,page 210,of the Official Public Records of Brazos County,Texas. e. This report does not cover matters of survey,including,but not limited to discrepancies, conflicts or shortages in area or boundary lines or any encroachments or protrusions or any overlapping improvement. Standby fees,taxes and assessments have not been investigated. This report is prepared and delivered with the express understanding and agreement,evidenced by the acceptance hereof,that the undersigned is not rendering an opinion as to the title to the land under investigation herein,and while believing its construction of the records as hereinabove set out to be true and correct,still will incur no liability beyond the fee paid for this report by reason of such construction, nor will it be liable for any error or omission of any kind whatsoever. This report is prepared for informational purposes only,exclusively for the party paying the fee. iP4Arkee4, 3iAlkik42) EXAMINER'S SI ATURE AGGIELAND TITLE COMPANY Page 6 GF#33100 Preparation Date: February 25,2015 Effective Date: February 16,2015 Effective Time: 7:00 AGGIELAND TITLE COMPANY Page 7 • A • •A r GF#33100 • • • ;A► b .• �1d<3. 1 • 2/25/2015 Scale: 1 Inch= 177 feet (File: Tract 1:12.6193 Aaee,closure•.n00.0000a 0.00 ft.(1/713064),P.Ameter■31691t. 01 n47.4450w 721.5 11 Rt,ro25.00,deltan090.0000,ara39.27,chord=a87.1509w 35.38 02 n41.2139a 741.33 12 n47.4450w 12.02 03 s49.5835a 562.09 13 s42.1346w 50.00 04 541.2723w 206.3914 n47.4450w 50.5 05 s474948e 260.09 15842.1510w 115 06 542.1510w 115.61 07 n47.4450w 29.16 08 s42.1012w 50 09 Rt,r=25.00,delta=90.0000,ara3927,chord=402.4450e 35.36 10 s42.1510w 176.5