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HomeMy WebLinkAboutTitle Report TITLE REPORT for UNIVERSITY TITLE COMPANY 1021 University Dr.East,College Station,Texas 77840 G.F.No.: 00083763 Certification Date: August 28,2008 Examiner: NBD Property Description: Being all that certain tract of land lying and being situated in the Andrew McMahon Survey,Abstract No. 167, Brazos County,Texas. Said tract being the remainder of a called 22.9 acre tract as described by a Distribution Deed to Billie June Reece,Kathleen Dudley and Carolyn Matheson recorded in Volume 6889, Pages 190 and 193 of the Official Records of Brazos County,Texas. Said remainder of 22.9 acre tract being the remainder of a called 11.984 acre tract described in Volume 305, Page 187 of the Deed Records of Brazos County,Texas,and the remainder of a called 15.98 acre tract described in Volume 281,Page 231,of the Deed 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 northwest line of Greens Prairie Road (a county maintained public road)marking the south corner of said remainder of 22.9 acre tract and the southeast corner of Lot 3A,Benjamin Graham Subdivision,according to the plat recorded in Volume 2463,Page 329 of the Official Records of Brazos County,Texas; THENCE: along the common line of said remainder of 22.9 acre tract and said Lot 3A for the following calls: N 03°27'00"W for a distance of 725.85 feet to a 1/2 inch iron rod found; S 88°03'03"E for a distance of 16.92 feet to a 1/2 inch iron rod found; N 03°34'22"W for a distance of 119.54 feet to a 1/2 inch iron rod found marking the northeast corner of said Lot 3A and the southeast corner of a called 3.42 acre tract owned by Donald and Martha Royder according to the Brazos County Appraisal District; THENCE: N 03°35' 56" W along the common line of said remainder of 22.9 acre tract for a distance of 329.01 feet to a 5/8 inch iron pipe found marking the south corner of a called 11.18 acre tract as described by a Deed to Walter W. Ruoff,Jr. and wife,Lynn M.Ruoff, recorded in Volume 1694,Page 111,of the Official Records of Brazos County,Texas; THENCE:N 43°06'08" E along the common line of said remainder of 22.9 acre tract and said 11.18 acre tract for a distance of 300.73 feet to a 1/2 inch iron rod found marking the common corner of said 11.984 acre tract and said 15.98 acre tract; THENCE:N 42°39'06" E continuing along the common line of said remainder of 22.9 acre tract and said 11.18 acre tract for a distance of 496.70 feet to a 5/8 inch iron rod found marking the west corner of Block 1, Turnberry Place Subdivision, according to the plat recorded in Volume 4168, Page 77 of the Official Records of Brazos County,Texas; THENCE: along the common line of said remainder of 22.9 acre tract and Lots 1 -4,Block 1,Turnberry Place,for the following calls: S 47°40'04"E for a distance of 182.99 feet to a 5/8 inch iron rod found marking the common corner of said Lot 4 and Lot 3; S 47°46'42"E for a distance of 256.81 feet to a 5/8 inch iron rod found marking the common corner of said Lot 3 and Lot 2; S 47°48'00"E for a distance of 200.06 feet to a 5/8 inch iron rod found marking the common corner of said Lot 2 and Lot 1; S 47°43'59"E for a distance of 191.71 feet to a 5/8 inch iron rod found marking the south corner of said Lot 1; THENCE:S 48°54'07"E along the northeast line of said remainder of 22.9 acre tract for a distance of 8.13 feet to a 6 inch fence corner post found on the northwest line of Greens Prairie Road marking the east corner of said remainder of 22.9 acre tract; THENCE:S 42°55'42"W along the northwest line of Greens Prairie Road for a distance of 617.80 feet to a 5/8 inch iron rod set marking the east corner of the remainder of a called 0.861 acre tract as described by a Deed to Augustine E.Palmisano and Donna L.Palmisano recorded in Volume 7479,Page 230 of the Official Records of Brazos County,Texas; THENCE:N 48°02'56"W along the common line of said remainder of 22.9 acre tract and said remainder of 0.861 acre tract for a distance of 143.42 feet to a 1/2 inch iron rod found marking the north corner of said remainder of 0.861 acre tract; THENCE:S 41°57'04"W continuing along the common line of said remainder of 22.9 acre tract and said remainder of 0.861 acre tract for a distance of 300.21 feet to a 1/2 inch iron rod found marking the west corner of the remainder of a called tract of land as described by a Deed to Lone Star Gas Company recorded in Volume 148,Page 226 of the Deed Records of Brazos County,Texas; THENCE:S 48°02'56"E along the common line of said remainder of 22.9 acre tract and said remainder of Lone Star Gas tract for a distance of 138.29 feet to a 5/8 inch iron rod set on the northwest line of Green Prairie Road; THENCE:S 42°55'42"W along the northwest line of Green Prairie Road for a distance of 709.96 feet to the POINT OF BEGINNING containing 22.418 acres of land,more or less. SAVE AND EXCEPT: Metes and bounds description of all that certain tract of land lying and being situated in the Andrew McMahon Survey,Abstract No. 167,Brazos County,Texas.Said tract being a portion of a called 22.418 acre tract as described by a deed to Creek Meadows Partners,L.P.recorded in Volume 7633,Page 239 of the Official Public 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 northwest line of Greens Prairie Road (a county maintained public road)marking the southwest corner of said 22.418 acre tract and the southeast corner of Lot 3A,Benjamin Graham Subdivision,according to the plat recorded in Volume 2463, Page 329 of the Official Public Records of Brazos County,Texas; THENCE:Along the common line of said 22.418 acre tract and said Lot 3A for the following calls: N 03°27'00"W for a distance of 725.85 feet to a 1/2 inch iron rod found; S 88°03'03"E for a distance of 16.92 feet to a 1/2 inch iron rod found; N 03°34'22" W for a distance of 26.58 feet to a 5/8 inch iron rod set marking the north corner of this herein described tract,for reference a 1/2 inch iron rod found marking the northeast corner of said Lot 3A bears: N 03°34'22"W for a distance of 92.96 feet; THENCE:Through said 22.418 acre tract for the following calls: S 42°39'53"E for a distance of 368.04 feet to a 5/8 inch iron rod set; S 42°55'42"W for a distance of 144.63 feet to a 5/8 inch iron rod set; S 03°27'00"E for a distance of 227.93 feet to a 5/8 inch iron rod set on the northwest line of Greens Prairie Road marking the southeast corner of the herein described tract; THENCE:S 42°55'42"W along the northwest line of Greens Prairie Road for a distance of 200.00 feet to the POINT OF BEGINNING containing 2.30 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 Vested In: Creek Meadows Partners,L.P. Vesting Deed to owners shown herein was dated October 5,2006 and recorded in Volume 7633,Page 239, Official Records,Brazos County,Texas. Subiect To: Deed of Trust to secure a Note: Grantor: Creek Meadows Partners,L.P. Trustee: Timothy C.Jones Beneficiary: First Victoria National Bank Amount: $1,214,487.00 Dated: December 21,2007 Recorded: Volume 8398,Page 70,Official Records,Brazos County,Texas. Restrictions: None of Record Exceptions: 10'Telephone Easement: From: John W.Holick,et ux To: General Telephone Company of the Southwest Dated: September 7,1984 Recorded: Volume 735,Page 202,Official Records,Brazos County,Texas. 10'Easement: From: John W.Holick,et ux To: GTE Southwest,Incorporated Dated: March 5,1990 Recorded: Volume 1188,Page 185,Official Records,Brazos County,Texas. Easement: From: John W.Holick,et ux To: County of Brazos Dated: August 1,1990 Recorded: Volume 1201,Page 336,Official Records,Brazos County,Texas. Blanket Easement: From: Johnnie W.Holick,et ux To: Wellborn Special Utility District Dated: September 8,1999 Recorded: Volume 3645,Page 274,Official Records,Brazos County,Texas. Blanket Easement: From: J.W.McCulloch,et al To: Lone Star Gas Company Dated: December 19,1952 Recorded: Volume 148,Page 478,Deed Records,Brazos County,Texas. Blanket Easement: From: J.W.McCulloch,et al To: Lone Star Gas Company Dated: May 25,1959 Recorded: Volume 198,Page 59,Deed Records,Brazos County,Texas. Blanket Easement: From: John W.Holick,et ux To: City of Bryan Dated: October 5,1972 Recorded: Volume 310,Page 314,Deed Records,Brazos County,Texas. Blanket Easement: From: John W.Holick,et ux To: City of Bryan Dated: June 9,1977 Recorded: Volume 378,Page 194,Deed Records,Brazos County,Texas. Easement: From: Creek Meadows Partners,L.P. To: City of College Station Dated: December 11,2007 Recorded: Volume 8400,Page 209,Official Records,Brazos County,Texas. C Easement: From: Creek Meadows Partners,L.P. To: City of College Station Dated: July 16,2007 Recorded: Volume 8127,Page 260,Official Records,Brazos County,Texas. Terms,Conditions,and Stipulations in the Pre-Development and Easement Agreement by and between: Parties: Creek Meadows Partners,L.P.and E.Hubbard Kennady Family Limited Partnership Dated: April 30,2007 Recorded: Volume 7944,Page 208,Official Records,Brazos County,Texas. Minerals and/or Royalties: Mineral Reservation in Deed with Waiver of Surface Rights: By: Billie June Reece,et al To: Creek Meadows Partners,L.P. Dated: October 5,2006 Recorded: Volume 7633,Page 239,Official Records,Brazos County,Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. Oil and Gas Lease,and all terms,conditions and stipulations therein: Lessor: John W.Holick,et ux Lessee: Getty Oil Company Dated: August 23,1978 Recorded: Volume 33,Page 354,Oil&Gas Lease 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 of Brazos County,Texas,we fmd 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 (RDF) TITLE REPORT for UNIVERSITY TITLE COMPANY 1021 University Dr.East,College Station,Texas 77840 G.F.No.: 00083764 Certification Date: August 28,2008 Examiner: NBD Property Description: Being all that tract of land in Brazos County,Texas,out of the Samuel Davidson League,A-13 Survey and a part of the Jesse Bledsoe Survey,A-71,and being part of that First Tract of 200 acres described in a Deed to B.F.Vance recorded in Volume 142,Page 273 of the Deed Records of Brazos County,Texas,and being further described as follows: BEGINNING at a 5/8"steel rod found at the intersection of the Southeast line of said 200 acres with the Northeast line of Royder Road; THENCE along Royder Road as follows: North 49 degrees 54 minutes 12 seconds West,162.76 feet to a 5/8 inch steel rod found; North 53 degrees 19 minutes 39 seconds West,231.81 feet to a 5/8 inch steel rod found; North 54 degrees 27 minutes 00 seconds West,149.54 feet to a 5/8 inch steel rod found; North 51 degrees 59 minutes 03 seconds West,261.75 feet to a 5/8 inch steel rod found; THENCE Northwesterly,57.64 feet along a curve to the right in a transition to the Easterly right of way of Greens Prairie Trail (100' R.O.W.) having a radius of 35.00 feet and a central angle of 94 degrees 21 minutes 05 seconds(Chord bears North 04 degrees 48 minutes 31 seconds West,51.34 feet)to a 5/8 inch steel rod found at the point of tangency; THENCE along Greens Prairie Trail as follows: North 42 degrees 22 minutes 02 seconds East,182.80 feet to a 5/8 inch steel rod found at a point of curve; Northeasterly,825.92 feet along a curve to the left having a radius of 1004.93 feet and a central angle of 47 degrees 05 minutes 23 seconds(Chord bears North 18 degrees 49 minutes 20 seconds East,802.87 feet)to a 5/8 inch steel rod found at the point of tangency; North 04 degrees 43 minutes 21 seconds West,1452.01 feet to a 5/8 inch steel rod at a point of curve; Northeasterly,739.93 feet along a curve to the right having a radius of 910.00 feet and a central angle of 46 degrees 35 minutes 15 seconds(Chord bears North 18 degrees 34 minutes 16 seconds East,719.71 feet)to a point on the Northeast line of said 200 acres, being also on the Southwest line of Lot 10, Woodlake Subdivision,Section 1 recorded in Volume 410,Page 417 of the Deed Records of Brazos County,Texas,a 1/2 inch steel rod found bearing South 48 degrees 47 minutes 53 seconds East,1.44 feet for witness; THENCE South 48 degrees 47 minutes 53 seconds East,339.63 feet to a 1/2 inch pipe found at the South corner of said Lot 10; THENCE South 48 degrees 28 minutes 25 seconds East,411.75 feet to a 1/2 inch steel rod found at the South corner of Lot 14 of said Woodlake Subdivision; THENCE South 49 degrees 07 minutes 32 seconds East, 430.31 feet to a 1/2 inch steel rod found at the South corner of Lot 15 of said Woodlake Subdivision; THENCE South 49 degrees 00 minutes 25 seconds East,554.20 feet to a 1/2 inch pipe found at the South corner of Lot 32 of said Woodlake Subdivision; THENCE South 48 degrees 41 minutes 19 seconds East,621.03 feet to a 1/2 inch steel rod found at the South corner of Lot 35A of said Woodlake Subdivision; THENCE South 48 degrees 03 minutes 04 seconds East,159.58 feet to a 5/8 inch steel rod found for the East corner of said 200 acres; THENCE South 42 degrees 23 minutes 18 seconds West (Bearing Basis), 2583.86 feet to the Point of Beginning,containing 96.002 acres of land. i ' 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 Vested ln: Creek Meadows Partners,L.P. Vesting Deed to owners shown herein was dated December 15,2005 and recorded in Volume 7068,Page 220, Official Records,Brazos County,Texas. Subject To:, Deed of Trust to secure a Note: Grantor: Creek Meadows Partners,L.P. Trustee: Timothy C.Jones Beneficiary: First Victoria National Bank Amount: $1,214,487.00 Dated: December 21,2007 Recorded: Volume 8398,Page 70,Official Records,Brazos County,Texas. Deed of Trust to secure a Note: Grantor: Creek Meadows Partners,L.P. Trustee: Timothy C.Jones Beneficiary: First Victoria National Bank Amount: $4,835,000.00 Dated: January 23,2007 Recorded: Volume 7796,Page 110,Official Records,Brazos County,Texas. Deed of Trust to secure a Note: Grantor: Creek Meadows Partners,L.P. Trustee: Timothy C.Jones Beneficiary: First Victoria National Bank Amount: $2,975,000.00 Dated: December 15,2005 Recorded: Volume 7068,Page 227,Official Records,Brazos County,Texas. Terms,Conditions,and Stipulations in the Modification,Rearrangement and/or Extension Agreement by and between: Parties: Creek Meadows Partners,L.P.and First Victoria National Bank Dated: December 15,2007 Recorded: Volume 8398,Page 109,Official Records,Brazos County,Texas;being corrected and refiled February 8,2008,Volume 8438,Page 186,Official Records,Brazos County,Texas. Deed of Trust to secure a Note: Grantor: Creek Meadows Partners,L.P. Trustee: Timothy C.Jones Beneficiary: First Victoria National Bank Amount: $636,250.00 Dated: January 23,2007 Recorded: Volume 7796,Page 94,Official Records,Brazos County,Texas. Terms,Conditions,and Stipulations in the Modification,Rearrangement and/or Extension Agreement by and between: Parties: Creek Meadows Partners,L.P.and First Victoria National Bank Dated: December 15,2007 Recorded: Volume 8398,Page 97,Official Records,Brazos County,Texas;being corrected and refiled February 8,2008,Volume 8438,Page 175,Official Records,Brazos County,Texas. Financing Statement: Debtor: Creek Meadows Partners,L.P. Secured Party: First Victoria National Bank Recorded: January 31,2007,under File No.,07-0003565844 with the Texas Secretary of State. Restrictions: Volume 8325,Page 198,Official Records,Brazos County,Texas. Exceptions: Easements and Building Lines as set out in restrictions recorded in Volume 8325,Page 198 of the Official Records of Brazos County,Texas. Maintenance Charges and the Lien securing the payment of the same,as set out in restrictions recorded in Volume 8325,Page 198 of the Official Records of Brazos County,Texas. Pipeline Easement Granted: Parties: Producers Gas Company vs.Vonnie Ray Vance Cause#: 4-CC Dated: December 5,1978 Recorded: Volume 7,Page 79,Condemnation Records,Brazos County,Texas. Easement and Relocation Agreement: From: VRV Partners and County of Brazos To: Seminole Pipeline Company Dated: August 26,1996 Recorded: Volume 2690,Page 165,Official Public Records,Brazos County,Texas. Supplemented in Agreement: Dated: January 6,1997 Recorded: Volume 2751,Page 179,Official Public Records,Brazos County,Texas. Easement: From: A&M Consolidated Independent School District To: Lone Star Gas Company Dated: January 8,1951 Recorded: Volume 148,Page 479,Deed Records,Brazos County,Texas. (as to that portion out of the 2.7 acre tract,recorded in Volume 262,Page 107,Deed Records,Brazos County,Texas.) Easement: From: B.F.Vance To: City of Bryan Dated: April 23,1956 Recorded: Volume 174,Page 167,Deed Records,Brazos County,Texas. (as to that portion out of the 102 acre parent tract) Easement: From: Mrs.Vonnie Ray Vance To: Wellborn Water Supply Corporation Dated: September 30,1968 Recorded: Volume 273,Page 180,Deed Records,Brazos County,Texas. Easement: From: Creek Meadows Partners,L.P. To: City of College Station Dated: March 13,2007 Recorded: Volume 7863,Page 79,Official Records,Brazos County,Texas. Easement: From: Creek Meadows Partners,L.P. To: City of College Station Dated: March 13,2007 Recorded: Volume 7863,Page 85,Official Records,Brazos County,Texas. Easement: From: Mrs.Vonnie Ray Vance To: Wellborn Water Supply Corporation Dated: July 30,1971 Recorded: Volume 303,Page 371,Deed Records,Brazos County,Texas. Easement: From: Mrs.Vonnie Ray Vance To: Seminole Pipeline Company Dated: December 27,1981 Recorded: Volume 508,Page 709,Deed Records,Brazos County,Texas. Easement: From: VRV Partners To: Wellborn Special Utility District Dated: October 8,1999 Recorded: Volume 3645,Page 276,Official Public Records,Brazos County,Texas. Easement: From: VRV Partners To: Wellborn Special Utility District Dated: March 3,1999 Recorded: Volume 3645,Page 284,Official Public Records,Brazos County,Texas. Easement: From: VRV Partners To: Wellborn Special Utility District Dated: March 19,1999 Recorded: Volume 3645,Page 286,Official Public Records,Brazos County,Texas. Easement: From: Tobe Rooks To: City of Bryan Dated: March 4,1944 Recorded: Volume 2484,Page 316,Official Records,Brazos County,Texas. Minerals and/or Royalties: Mineral Deed: By: Vonnie Ray Vance To: Betty V.Goss,B.J.Vance,Jr.and William R.Vance Dated: August 1,1979 Recorded: Volume 430,Page 385,Deed Records,Brazos County,Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. Mineral Deed: By: Vonnie Ray Vance To: Betty V.Goss,B.J.Vance,Jr.and William R.Vance Dated: January 31,1980 Recorded: Volume 445,Page 12,Deed Records,Brazos County,Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. Mineral Deed: By: Vonnie Ray Vance To: Betty V.Goss,B.J.Vance,Jr.and William R.Vance Dated: March 12,1981 Recorded: Volume 476,Page 43,Deed Records,Brazos County,Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. Mineral Deed: By: VRV Partners To: Betty V.Goss,et al Dated: December 15„2005 Recorded: Volume 7190,Page 1,Official 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: VRV Partners To: Creek Meadows Partners,L.P. Dated: December 15,2005 Recorded: Volume 7068,Page 220,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: Betty Vance Goss,et al To: The Public Dated: August 31,2000 Recorded: Volume 3927,Page 85,Official Records,Brazos County,Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. (as to that portion out of 102 acres) Oil and Gas Lease,and all terms,conditions and stipulations therein: Lessor: VRV Partners,a Texas General Partnership,owner of the Surface Estate and B.F.Vance, Jr.,William R.Vance and Betty Vance Goss,each Individually and as a Partner Lessee: WSC Oil&Gas Corporation Dated: January 22,1992 Recorded: Volume 1427,Page 184,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 of Brazos County,Texas,we fmd 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 (RDF)