HomeMy WebLinkAboutTitle Repport Brazos County AbstractCompany
"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. BC1503533
Title Report Prepared 2/17/2015
for
Joe Schultz
Schultz Engineering, LLC
2730 Longmire, Suite A
College Station, Texas 77845
"Experience Matters"
, Brazos County Abstract Company
"More Than 140 Years of Title Service"
TITLE REPORT
Effective Date: February 16,2015 at 8:00 am
GF NO: BC1503533
LEGAL DESCRIPTION:
All that certain tract or parcel of land lying and being situated in the ROBERT STEVENSON
LEAGUE, Abstract No. 54, College Station, Brazos County, Texas. Said tract being a portion
of the remainder of a called 202.655 acre tract as described by a deed to Dos Dorado
Development, LLC recorded in Volume 9656, page 213 of the Official Public Records of
Brazos County, Texas.
Said tract being more particularly described by metes and bounds as follows:
COMMENCING at a '/2 inch iron rod found on the southeast line of a called 18.80 acre tract
described as tract 7 by a Deed to Chester Brown recorded in Volume 3413, page 228 of the
Official Public Records of Brazos County, Texas, marking the west corner of said remainder
of 202.66 acre tract and the north corner of the remainder of a called 101.322 acre tract
described as exhibit "B" by a deed to Ester Jane Grant McDougal recorded in Volume 4027,
page 29 of the Official Public Records of Brazos County, Texas, for reference a 1/2 inch iron
rod found marking the original north corner of said 202.66 acre tract bears: N 41° 56' 44" E
for a distance of 2106.35 feet;
THENCE: S 48° 03'24" E along the common line of said remainder of 202.655 acre tract and
said remainder of 101.322 acre tract for a distance of 291.10 feet to the POINT OF
BEGINNING of this herein described tract;
THENCE: through said 202.655 acre tract for the following calls:
N 41° 56' 44" E for a distance of 637.19 feet to a future southwest line of Etonbury Avenue;
S 48° 03' 31" E along said future right-of-way of Etonbury Avenue for a distance of 95.55 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' 16" for an arc distance of 39.27 feet (chord
bears: S 03° 03' 23" E - 35.36 feet) to the end of said curve;
S 48° 03' 47" E across the extension of the right-of-way of Hailes Lane (50' r.o.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 89° 59' 44" for an arc distance of 39.27 feet (chord
bears: N 86° 56' 37" E - 35.35 feet) to the end of said curve;
S 48° 03' 31" E along said future right-of-way of Etonbury Avenue for a distance of 191.10
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' 16" for an arc distance of 39.27 feet (chord
bears: S 03° 03'23" E - 35.36 feet) to the end of said curve;
S 48° 03' 47" E across the extension of the right-of-way of Kinnersley Lane (50' r.o.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 89° 59' 44" for an arc distance of 39.27 feet (chord
bears: N 86° 56' 37" E - 35.35 feet) to the end of said curve;
S 48° 03' 31" E along said future right-of-way of Etonbury Avenue for a distance of 95.55 feet
to a 1/2 inch iron rod found marking the north corner of Castlegate II Subdivision, Section
104, according to the plat recorded in Volume 12411, page 125 of the Official Public Records
of Brazos County, Texas;
THENCE: S 41° 56' 44" W along the common line of said remainder of 202.655 acre tract
and said Section 104 for a distance of 637.22 feet to a 1/2 inch iron rod found on the northeast
line of said remainder of 101.322 acre tract marking the west corner of said Section 104;
THENCE: N 48° 03' 24" W along the common line of said remainder of 202.655 acre tract
and said remainder of 101.322 acre tract for a distance of 582.20 feet to the POINT OF
BEGINNING containing 8.447 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 and does not override item 2 of Schedule B hereof
TITLE APPEARS TO BE VESTED IN:
Dos Dorado Development, LLC d/b/a 3-D Development
SUBJECT TO:
LIENS:
Deed of Trust dated June 1, 2010, executed by Dos Dorado Development, LLC d/b/a 3-D
Development to J. Davis Watson,Trustee, securing one note of even date payable to Diebel
Family Partners, Ltd.,in the principal amount of$5,327,272.00,recorded in Volume 9656,page
220, Official Records of Brazos County, Texas. (covers 202.655 acres)
ABSTRACTS OF JUDGMENTS/FEDERAL AND/OR STATE LIENS:
NONE OF RECORD.
EASEMENTS:
Easement from W. I. McCulloch to City of Bryan, Texas, dated May 12, 1937, recorded in
Volume 98, page 179, Deed Records of Brazos County, Texas.
Easement from Mrs. Esther McCulloch Dansby to City of Bryan, Texas, dated March 16, 1983,
recorded in Volume 566, page 489, Deed Records of Brazos County, Texas.
Temporary Blanket Utility Easement from Dos Dorado Development, LLC d/b/a 3-D
Development to City of College Station, Texas, dated October 19, 2011, recorded in Volume
10392, page 276, Official Records of Brazos County, Texas.
OUTSTANDING MINERALS AND/OR ROYALTIES:
Mineral reservation in Deed from Esther Jane Grant McDougal to Pauline Grant Diebel, dated
September 30, 1993, recorded in Volume 1934, page 157, Official Records of Brazos County,
Texas. Title to this reservation has not been traced subsequent to the date of the above-cited
instrument.
Mineral reservation in Deed from Esther Jane Grant McDougal to Diebel Family Partners, Ltd.,
dated April 17, 2000, recorded in Volume 4027, page 29, Official Records of Brazos County,
Texas. Title to this reservation has not been traced subsequent to the date of the above-cited
instrument.
Mineral reservation in Deed from Diebel Family Partners, Ltd. to Dos Dorado Development, LLC
dba 3-D Development, dated June 1, 2010, recorded in Volume 9656, page 213 and corrected in
Volume 9735, page 105, Official Records of Brazos County, Texas. Title to this reservation has
not been traced subsequent to the date of the above-cited instrument.
OIL & GAS LEASES:
Estate created by Memorandum of Oil and Gas Lease from Esther Jane Grant McDougal, et al to
The Williams Partnership, dated November 13, 1990,recorded in Volume 1231,page 532, Official
Records of Brazos County, Texas. Title to this lease has not been traced subsequent to the date of
the above-cited instrument.
Estate created by Memorandum of Oil and Gas Lease(s) from Diebel Family Partners, Ltd., et al to
EOG Resources, Inc., dated December 21, 2012, recorded in Volume 11175, pages 141 and 143,
Official Records of Brazos County, Texas. Title to said lease(s) has not been traced subsequent to
the date of the above-cited instrument.
RESTRICTIONS OF RECORD:
NONE OF RECORD.
TAXES/ASSESSMENTS:
NONE REQUESTED
MISCELLANEOUS:
Terms and conditions contained in Waiver of Use of Surface Rights executed by Pauline Grant Diebel,
recorded in Volume 2106,page 99, Official Records of Brazos County, Texas.
Terms and conditions contained in Waiver of Surface Rights executed by Diebel Family Partners, Ltd.,
et al, recorded in Volume 9656, pages 203 and 208, Official Records of Brazos County, Texas.
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 Joe Schultz.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
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BY: