HomeMy WebLinkAboutTitle Report TITLE REPORT
GF No.: 140440
Certification Date: October 29,2014
Examiner: CJM
Property Description:
Tract One:
Field notes of a 186.08 acre tract or parcel of land,lying and being situated in the B.McGregor Survey,
Abstract No.170,Brazos County,Texas,and being part of the called 188.04 acre-Tract described in the
Deed from Thousand Oaks Development Company Joint Venture,to Smiling Mallard Development,Ltd.,
as recorded in Volume 4011,Page 142,of the Official Records of Brazos County,Texas,and said 186.08
acre tract being more particularly described as follows:
BEGINNING at the East corner of the beforementioned 188.04 acre tract in the Southwest right-of-way
line of the Union Pacific Railroad(formerly Southern Pacific Railroad-100'right-of-way);
THENCE S 45°00'00"W along the Southeast line of the beforementioned 188.04 acre tract,same being
the West line of the Lena Fachorn-called 459.02 acre-1st Tract described in Volume 1549,Page 80,of
the Official Records of Brazos County,Texas,at a distance of 2.28 feet,pass a 2"iron pipe found at a
crosstie fence corner,continue on,adjacent to a fence,for a total distance of 2268.22 feet to a 1/2"iron
rod found marking the East corner of a 1.97 acre tract described in the Deed to Millican Royalty and Land
Trust,recorded in Volume 4012,Page 1,of the Official Records of Brazos County,Texas;
THENCE along the Northeast,Northwest and Southwest lines of the beforementioned 1.97 acre tract,as
follows:
N 53°34'25"W for a distance of 333.73 feet to a 1/2"iron rod found,
S 45°00'00"W for a distance of 220.03 feet to a 1/2"iron rod found,
S 39°48'20"E for a distance of 331.36 feet to a 1/2"iron rod found marking the South corner of the said
1.97 acre tract in the common line between the said 188.04 acre tract and the Lena Fachorn-459.02 acre
-1st Tract;
THENCE S 45°00'00"W along the common line between the beforementioned 188.04 acre tract and the
Lena Fachorn-459.02 acre-1st Tract,adjacent to a fence,for a distance of 661.98 feet to a 1/2"iron rod
found at a 6"creosote post fence corner marking the occupied South corner of the 188.04 acre tract,
same being a West corner of the 459.02 acre tract and same being in the most Easterly Northeast line of
the Wade-called 503.39 acre-1st Tract described in Volume 159,Page 201,of the Deed Records of
Brazos County,Texas;
THENCE N 44°57'07"W along the Southwest line of the beforementioned 188.04 acre tract,same being
the most Easterly Northeast line of the beforementioned 503.39 acre tract,adjacent to a fence for a
distance of 2765.88 feet to a 1/2"iron rod found at a crosstie fence corner marking the West corner of the
188.04 acre tract,same being the interior ell corner of the 503.39 acre tract;
THENCE N 44°01'36"E along the Northwest line of the beforementioned 188.04 acre tract,same being a
Southeast line of the beforementioned 503.39 acre tract,adjacent to and Northwest of a fence line,at a
distance of 1859.1 feet,a 12"post oak tree fence corner at the West end of a fenced enclosure
surrounding the production pad for the Millican-Havens#1 well(now plugged&abandoned)bears
Southeast-1.0 feet,at a distance of 2375.0 feet,a 6"Elm tree fence corner at the North end of said
fenced enclosure bears Southeast-1.0 foot,continue on,at a distance of 2751.0 feet,pass a crosstie
fence corner in the Southeast right-of-way line of the beforementioned Union Pacific Railroad(this crosstie
marks the beginning of a 200'wide right-of-way portion of said railroad and said 200'wide right-of-way
extends Northwesterly from this crosstie fence corner),continue on for a total distance of 2796.16 feet to a
1/2 iron rod set at the North corner of the 188.04 acre tract in the Southeast right-of-way line of said
Railroad(100'wide right-of-way)from which a 6"creosote post fence corner bears N 44°61'36";
THENCE S 53°43'41"E along the Southeast right-of-way line of the beforementioned Union Pacific
Railroad(100'right-of-way),adjacent to a fence,at a distance of 1094.1 feet,pass a 6"creosote post
fence corner,continue on for a total distance of 1105.65 feet to a 1/2"iron rod set at the North corner of
the E.Jordon,Jr.-called 5.00 acre tract described in Volume 344,Page 293,of the Deed Records of
Brazos County,Texas,said 1/2"iron rod set being in the Northwest edge of an 8'wide gravel lane which
crosses said railroad and provides access to F.M.No.2154,and a 1/2"iron rod found bears S 50°02'58"
E-30.21 feet;
THENCE along the common lines of the beforementioned 188.04 acre and 5.00 acre tracts as follows:
S 44°34'22"W at a distance of 131 feet,cross the center of said gravel lane,continue on,adjacent to the
fenced Southeast line of said lane,for a total distance of 453.28 feet to 1/2"iron rod found at the West
corner of the 5.00 acre tract and an interior ell corner of the 188.04 acre tract,from which a crosstie fence
corner bears N 23°47'57"W-4.0 feet,and a 1/2"iron rod found bears S 45°25'38"E-30.51 feet,
S 45°25'38"E adjacent to a fence,for a distance of 449.84 feet to a 1/2"iron rod found marking the
South corner of the 5.00 acre tract and an interior ell corner of the 188.04 acre tract,from which a 4"
creosote post fence corner bears N 00°06'45"W-1.7 feet,
N 44°34'22"E adjacent to a fence,at a distance of 516.54 feet,pass a 1/2"iron rod found at a creosote
post fence corner,continue on for a total distance of 516.91 feet to the Southeast right-of-way line of the
beforementioned Union Pacific Railroad;
THENCE S 53°43'41"E along the Southeast right-of-way line of the beforementioned Union Pacific
Railroad adjacent to a fence,for a distance of 1286.09 feet to the PLACE OF BEGINNING,containing
186.08 acres of land,more or less.
Tract Two:
Field notes of a 1.97 acre tract or parcel of land,lying and being situated in the B.McGregor Survey,
Abstract No.170,Brazos County,Texas,and being part of the called 186.335 acre-Tract 4 described In
the Deed from Brazos Coal Limited to Thousand Oaks Development Company Joint Venture,as recorded
in Volume 1454,Page 187,of the Official Records of Brazos County,Texas and said 1.97 acre tract being
more particularly described as follows:
COMMENCING at the East corner of the beforementioned 186,335 acre tract in the Southwest right-of-
way line of the Union Pacific Railroad(formerly Southern Pacific Railroad-100'right-of-way);
THENCE S 45°00'00"W along the Southeast line of the beforementioned 186.335 acre tract,same
being the West line of the Lena Fachorn-called 459.02 acre-1st Tract described in Volume 1549, Page
80,of the Official Records of Brazos County,Texas,at a distance of 2.28 feet,pass a 2"iron pipe found at
a crosstie fence corner,continue on,adjacent to a fence,for a total distance of 2268.22 feet to a 1/2"iron
rod set for the PLACE OF BEGINNING of this description;
THENCE S 45°00'00"W continue along the common line between the beforementioned 188.335 acre
tract and the 459.02 acre tract for a distance of 299.79 feet to a 1/2"iron rod set,a 1/2"iron rod found at
8"creosote post fence corner found marking the occupied South corner of the said 186.335 we tract bears
S 45°00'W-961.76 feet;
THENCE N 39°48'20"W 331.36 feet to a 1/2"Iron rod found in the proposed Southeast right-of-way line
of Flyaway Drive(70'right-of-way);
THENCE 45°00'00"E along the southeast right-of-way line of Flyaway Drive for a distance of 220.03 feet
to a 1/2"iron rod set;
THENCE 5 53°34'25"E 333.73 feet to the PLACE OF BEGINNING,containing 1.97 acres of land,more
or less.
SAVE AND EXCEPT: Tract One
Being all that certain tract or parcel of land lying and being situated in the B.M.McGREGOR SURVEY,
Abstract No.170 in Brazos County,Texas and being part of the 188.04 acre tract described in the Deed
from Thousand Oaks Development Co.,Joint Venture to Smiling Mallard Development,Ltd.as recorded
in Volume 4011,Page 142 of the Official Records of Brazos County,Texas(0.R.B.C.)and being more
particularly described by metes and bounds as follows:
BEGINNING:at a found 1/2-inch iron rod marking the North corner of said 188.04 acre tract,the
Northeast corner of the J.C.and Eugene Wade 1st tract described in Volume 159,Page 201 of the Brazos
County Deed Records(B.C.D.R.),being in the Southwest right of way line of Union Pacific Railroad
(based on a 100'width),and said iron rod also being in or near the Northwest line of said B.M.
McGREGOR SURVEY;
THENCE:S 53°43'41"E along the common line of said 188.04 acre tract and the Union Pacific right-of-
way line for a distance of 302.67 feet to a 1/2-inch iron rod set for corner,from whence a found 1/2-inch
iron rod marking the North corner of Drake Drive(based on a 90'width at this location recorded in Volume
4858,Page 144(0.R.B.C.)bears S 53°43'41"Eat a distance of 217.46 feet for reference;
THENCE:S 36° 07'50"W into the interior of the said 188.04 acre tract for a distance of 197.02 feet to a
1/2-inch iron rod set for corner;
THENCE:S 52°32'00"E continuing through the interior of the said 188.04 acre tract for a distance of
224.93 feet to a 1/2-inch iron rod set for corner,said iron rod being in the West right-of-way line of said
Drake Drive(80'width at this location);
THENCE:72.09 feet in a counter-clockwise direction along the arc of a curve in the beforesaid Drake
Drive right-of-way,said curve having a central angle of 09°23'17",a radius of 440.00 feet,a tangent of
36.13 feet and a long chord bearing S 24°58'45"W at a distance of 72.01 feet to a 1/2-inch iron rod set
for corner;
THENCE:N 52°32'00"W for a distance of 239.78 feet to a 1/2-inch iron rod set for corner;
THENCE:S 36°05'39"W for a distance of 82.94 feet to a 1/2-inch iron rod set for corner;
THENCE:N 53°43'41"W for a distance of 350.37 feet to a 1/2-inch iron rod set for corner,said iron rod
being in the East line of the beforesaid 503.39 acre Wade 1st tract,and the Northwest line of the said
188.04 acre tract;
THENCE N 44°01'36"E for a distance of 353.50 feet to the POINT OF BEGINNING and containing
3.000 acres of land,more or less.
FURTHER SAVE&EXCEPT:
Tract Two: Duck Haven Subdivision,Phase 1 -containing 52.19 acres.
Tract Three: Duck Haven Subdivision,Phase 2-containing 32.83 acres.
Tract Four: Duck Haven Subdivision,Phase 3-containing 22.13 acres.
Tract Five: Duck Haven Subdivision,Phase 4-containing 15.24 acres.
Tract Six: Duck Haven Subdivision,Phase 5-containing 19.96 acres.
Leaving 42.70 acres,more or less,carried as 43.08 acres and 10.00 acres under Brazos County Tax
Account#15731 and#354270.
NOTE: The Company is prohibited from insuring the area or quantity of 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 Vested In:
Duck Haven,Ltd.
Vesting Deed to owners shown herein was dated August 15,2006 and recorded in Volume 7538,Page
15,Official Records,Brazos County,Texas.
Vesting Deed to owners shown herein was dated September 11,2002 and recorded in Volume 4844,
Page 214,Official Records,Brazos County,Texas.
Subject to:
Abstractor's Note: Remaining acreage of the original Duck Haven,Ltd., 186.08 acre tract,described in
Volume 4844,Page 214,Official Records,Brazos County,Texas,is a combination to two Brazos County
Appraisal District Tracts,#15731 and#354270.We are unable to determine the exact acreage of each
tract.
Restrictions:
Volume 5883,Page 224;Volume 7538,Page 21 and Volume 9693,Page 255,Official Records,Brazos
County,Texas.
Exceptions:
Easements and Building Lines as set out in restrictions recorded in Volume 5883,Page 224,Official
Records,Brazos County,Texas.
Maintenance Charges and the Lien securing the payment of same,as set out in restrictions recorded in
•
Volume 5883,Page 224 of the Official Records of Brazos County,Texas.
Blanket Easement:
From: Martin L.Schehin
To: City of Bryan
Dated:December 8,1975
Recorded: Volume 346,Page 370,Deed Records,Brazos County,Texas.
Easement:
From: Duck Haven,Ltd.
To: Duck Haven Homeowner's Association
Dated:May 20,2008
Recorded: Volume 8604,Page 243,Official Records,Brazos County,Texas. (as to BCAD Tract#15731)
Easement:
From: Duck Haven,Ltd.
To: Duck Haven Homeowners Association
Dated:August 8,2007
Recorded: Volume 8229,Page 281,Official Records,Brazos County,Texas. (as to BCAD Tract
#354270)
Easement:
From: Duck Haven,Ltd.
To: Duck Haven Homeowners Association
Dated:September 12,2007
Recorded: Volume 8268,Page 107,Official Records,Brazos County,Texas. (as to BCAD Tract
#354270)
Mineral Reservation in Deed
By: Lawrence Grocery Company
To: P.P.Prescott.
Dated: February 22,1949
Recorded: Volume 138,Page 146,Deed Records,Brazos County,Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Mineral Reservation in Deed
By: Thousand Oaks Development Company Joint Venture
To: Smiling Mallard Development,Ltd.
Dated: December 19,2000
Recorded: Volume 4011,Page 142,Official Records,Brazos County,Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Waiver of Surface Use
From: Millican Land&Royalty Trust
To: Smiling Mallard Development,Ltd.
Dated: December 19,2000
Recorded: Volume 4011,Page 341,Official Records,Brazos County,Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Memorandum of Oil and Gas Lease,and all terms,conditions and stipulations therein:
Lessor: Millican Land&Royalty Trust
Lessee: EOG Resources,Inc.
Dated: October 11,2012
Recorded:Volume 11070,Page 253,Official Records,Brazos County,Texas. Title to said interest has
not been investigated subsequent to the date of the aforesaid instrument.
Upon examination of the public records Brazos County,Texas,we find no exception to title of the
subject property other than those shown above. This Title Report is issued with the express
understanding,evidenced by acceptance of same,that the liability of the undersigned is limited to
the actual monetary consideration paid for same.
University Title Company