The URL can be used to link to this page

Home My WebLink AboutTitle Report PIN TITLE REPORT GF No.: 142426 Certification Date: December 29,2014 Examiner: LBJ Property Description: Tract One: Fee Simple Metes and bounds description of all that certain tract or parcel of land lying and being situated in THE J. M.BARRERA SURVEY,Abstract No.69,Brazos County,Texas.Said tract being the same tract of land called 16.67 acres as described by a Deed to Donald E.Feltz recorded in Volume 1190,Page 303 of the Official Records of Brazos County,Texas,and being further described in Volume 292, Page 18 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 West line of a called 18.21 acre tract as described by a Deed to Herbert Winfred Flanagan,Jr.,recorded in Volume 1245,Page 532 of the Official Public Records of Brazos County,Texas,said iron rod found marking the Northeast corner of said 16.67 acre Feltz tract and the Southeast corner of a called 16.68 acre tract as described by a Deed to Joe Restivo recorded in Volume 3993,Page 58 of the Official Public Records of Brazos County,Texas,said Restivo tract being further described in Volume 292,Page 15 of the Deed Records of Brazos County,Texas; THENCE:S 04° 17'25"E along the common line of said 16.67 acre Feltz tract and said 18.21 acre tract, same being the West line of a 30.00 foot wide road easement as described in Volume 292,Page 18 and Volume 342,Page 800 of the Deed Records of Brazos County,Texas,for a distance of 713.78 feet to a 1/2 inch iron rod found marking the Southeast corner of said 16.67 acre Feltz tract and the Northeast corner of a called 18.307 acre tract as described by a Deed to Lubradford Properties,Ltd.,recorded in Volume 3442,Page 39 of the Official Public Records of Brazos County,Texas; THENCE:S 87°34'56"W along the common line of said 16.67 acre Feltz tract and said 18.307 acre tract for a distance of 1037.51 feet to a 1/2 inch iron rod found on the East line of a called 1037.24 acre tract described as Tract Two by a Deed to Smiling Mallard Development,Ltd.,recorded in Volume 4247,Page 51 of the Official Public Records of Brazos County,Texas,said iron rod found marking the Southwest corner of said 16.67 acre Feltz tract and the Northwest corner of a called 17.417 acre tract as described by a Deed to Robert Allen Hall recorded in Volume 4673,Page 259 of the Official Public Records of Brazos County,Texas,said 17.417 acre tract being further described in Volume 498,Page 840 of the Deed Records of Brazos County,Texas; THENCE:N 01°03'16"W along the common line of said 16.67 acre Feltz tract and said 1037.24 acre tract for a distance of 713.70 feet to a 5/8 inch iron rod set marking the Northwest corner of this herein described tract and the Southwest corner of said 16.68 acre Restivo tract; THENCE:N 87°35'17"E along the common line of said 16.67 acre Feltz tract and said 16.68 acre Restivo tract for a distance of 997.20 feet to the POINT OF BEGINNING containing 16.66 acres of land, more or less. Tract Two: Easement Being an easement thirty feet(30')in width through that 24.108 acre tract in the J.M.BARRERA SURVEY,Abstract No.69,Brazos County,Texas,described by Contract of Sale to Anthony L. Restivo recorded in Volume 249,Page 305,Deed Records of Brazos County,Texas,and that 126.45 acre tract conveyed to Charles A.Ernst,et al,by Deed recorded in Volume 273,Page 846,Deed Records of Brazos County,Texas,and lying along and fifteen(15')either side of the following described centerline: BEGINNING in the Southeast line of Deer Park Drive,S 81°48'W 15.0 ft.from an iron rod at the most Northerly corner of the said Restivo 24.108 acre tract in the Sterrett D.Smith Survey,A-210 in Brazos County,Texas; THENCE S 8°12'E 1229.7 ft parallel to and 15'from Restivo's Northeast line to a point 15'inside the said Ernst 126.45 acre tract; THENCE S 88°54'E 245.6 ft.parallel to and 15'from Ernst North line; THENCE S 1°51'W 740.0 ft.parallel to and 15'from the East line of the said Ernst 126.45 acre tract; THENCE N 88°43'W 1024.3 ft.; 0 0 THENCE S 1° 17'W 28.5 ft.; THENCE S 0°33'E 713.7 ft.to the end of this easement. 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: Smiling Mallard Development,Ltd. Vesting Deed to owners shown herein was dated June 3,2008 and recorded in Volume 8765,Page 176, Official Records,Brazos County,Texas. Subject to: Deed of Trust to secure a Note: Grantor. Smiling Mallard Development,Ltd. Trustee: David Zalman Beneficiary: Prosperity Bank Amount: $500,000.00 Dated: January 23,2013 Recorded: Volume 11148,Page 115,Official Records,Brazos County,Texas. (Multiple properties on Lien) Restrictions: None of Record Exceptions: Easement: From: A.L.Restivo To: C.A.Ernst,et al Dated:August 6, 1970 Recorded: Volume 292,Page 26, Deed Records,Brazos County,Texas. Mineral Reservation in Deed: By: Donald E.Feltz To: Smiling Mallard Development,Ltd. Dated: April 28,2004 Recorded: Volume 6011,Page 116,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: M.H.Jones To: J.W.Batts Dated: June 27, 1945 Recorded: Volume 119,Page 565,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: J.W.Batts,Jr. To: Glenn E.Edling Dated: March 31,1952 Recorded: Volume 153,Page 350,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: Frances C.Janus,et al To: Earl Newman Dated: January 3, 1969 Recorded: Volume 275,Page 247,Deed 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: Doanid E.Feltz,et ux Lessee: Lometa Petroleum Corporation Dated: September 22,1992 Recorded:Volume 1605,Page 173,Official Records,Brazos County,Texas. Amendment: Dated: July 25,2003 Recorded: Volume 5797,Page 173,Official Records,Brazos County,Texas. Modified: Dated: April 28,2004 Recorded: Volume 6011,page 135,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 TITLE REPORT GF No.: 142425 Certification Date: December 28,2014 Examiner: ARB Property Description: TRACT ONE: FEE SIMPLE METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN THE JOSE MARIA BARRERA SURVEY,ABSTRACT NO.69,BRAZOS COUNTY,TEXAS. SAID TRACT BEING THE SAME TRACT OF LAND CALLED 16.68 ACRES AS DESCRIBED BY A DEED TO JOE RESTIVO RECORDED 3993,PAGE 54 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS,SAID 16.68 ACRE TRACT BEING FURTHER DESCRIBED IN VOLUME 292,PAGE 15 Of THE DEED RECORDS 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 SOUTH LINE OF DEER PARK SUBDIVISION ACCORDING TO THE PLAT RECORDED IN VOLUME 221,PAGE 295 OF THE DEED RECORDS OF BRAZOS COUNTY,TEXAS,SAID IRON ROD FOUND MARKING THE NORTHWEST CORNER OF SAID 16.68 ACRE TRACT AND THE NORTHEAST CORNER OF A CALLED 1037.24 ACRE TRACT DESCRIBED AS TRACT TWO BY A DEED TO SMILING MALLARD DEVELOPMENT,LTD.RECORDED IN VOLUME 4247,PAGE 51 OF THE OFFICIAL PUBLIC RECORDS Of BRAZOS COUNTY,TEXAS; THENCE:N 87°00'06"E ALONG THE COMMON LINE OF SAID 16,68 ACRE TRACT AND DEER PARK SUBDIVISION,SAME BEING THE COMMON LINE OF THE JOSE MARIA BARRERRA SURVEY, A-69,AND THE STERRETT D.SMITH SURVEY,ABSTRACT NO.210,FOR A DISTANCE OF 868.08 FEET TO A 1/2 INCH IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID 16.68 ACRE TRACT AND THE SOUTHWEST CORNER OF A CALLED 24.108 ACRE TRACT AS DESCRIBED BY A DEED TO ANTHONY L. RESTIVO RECORDED IN VOLUME 249,PAGE 305 OF THE DEED RECORDS OF BRAZOS COUNTY,TEXAS; THENCE:S 12°00'40"E ALONG THE EAST LINE OF SAID 16.68 ACRE TRACT FOR A DISTANCE OF 80.06 FEET TO A 1/2 INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF A CALLED 16.67 ACRE TRACT AS DESCRIBED BY A DEED TO A DONALD GENE ANDERSON RECORDED IN VOLUME 342,PAGE 800 OF THE DEED RECORDS OF BRAZOS COUNTY,TEXAS; THENCE:S 12°03'05"E ALONG THE COMMON LINE OF SAID 16.68 ACRE TRACT AND SAID 16.67 ACRE TRACT FOR A DISTANCE OF 669.26 FEET TO A 1/2 INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF A CALLED 18.21 ACRE TRACT AS DESCRIBED BY A DEED TO HERBERT WINFRED FLANAGAN,JR.,RECORDED IN VOLUME 1245,PAGE 532 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS; THENCE:S 02°14°18"E ALONG THE COMMON LINE OF SAID 16.68 ACRE TRACT AND SAID 18.21 ACRE TRACT FOR A DISTANCE OF 43.61 FEET TO A 1/2 INCH IRON ROD FOUND MARKING THE NORTHEAST CORNER OF A CALLED 16.66 ACRE TRACT AS DESCRIBED BY A DEED TO SMILING MALLARD DEVELOPMENT,LTD.RECORDED IN VOLUME 6011,PAGE 116 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS; THENCE:S 87°35'17"W ALONG THE COMMON LINE OF SAID 16.68 ACRE TRACT AND SAID 16.66 ACRE TRACT FOR A DISTANCE OF 997.20 FEET TO A 5/8 INCH IRON ROD FOUND ON THE EAST LINE OF SAID 1037.24 ACRE TRACT MARKING THE COMMON CORNER OF SAID 16.68 ACRE TRACT AND SAID 16.66 ACRE TRACT; THENCE:N 02°07'26"W ALONG THE COMMON LINE OF SAID 16.68 ACRE TRACT AND SAID 1037.24 ACRE TRACT FOR A DISTANCE OF 773.49 FEET TO THE POINT OF BEGINNING CONTAINING 16.725 ACRES OF LAND AS SURVEYED ON THE GROUND JANUARY 2006.SEE PLAT PREPARED JANUARY 2006,FOR MORE DESCRIPTIVE INFORMATION.BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FORM CPS OBSERVATION. TRACT TWO: ACCESS EASEMENT BEING AN EASEMENT THIRTY FEET(30')IN WIDTH THROUGH THAT 24.108 ACRE TRACT IN THE I.M.BARRERA SURVEY,ABSTRACT NO.69,BRAZOS COUNTY,TEXAS,DESCRIBED BY CONTRACT OF SALE TO ANTHONY L.RESTIVO RECORDED IN VOLUME 249, PAGE 305, DEED RECORDS OF BRAZOS COUNTY,TEXAS,AND THAT 126.45 ACRE TRACT CONVEYED TO CHARLES A.ERNST,ET AL,BY DEED RECORDED IN VOLUME 273.PAGE 846,DEED RECORDS OF BRAZOS COUNTY,TEXAS,AND LYING ALONG AND FIFTEEN(15')EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING IN THE SOUTHEAST LINE OF DEER PARK DRIVE,S 81°48'W 15.0 FT.FROM AN IRON ROD AT THE MOST NORTHERLY CORNER OF THE SAID RESTIVO 24.108 ACRE TRACT IN THE STERRETT D.SMITH SURVEY,A-210 IN BRAZOS COUNTY,TEXAS; THENCE S 8° 12'E 1229.7 FT.PARALLEL TO AND 15'FROM RESTIVO'S NORTHEAST LINE TO A POINT 15'INSIDE THE SAID ERNST 126.45 ACRE TRACT; THENCE S 88°54'E 245.6 FT. PARALLEL TO AND 15'FROM ERNST NORTH LINE; THENCE S 1°51'W 740.0 FT.PARALLEL TO AND 15'FROM THE EAST LINE OF THE SAID ERNST 126.45 ACRE TRACT; THENCE N 88°43'1024.3 FT.: THENCE S 1°17'W 28.5 FT: THENCE S 0°33'E 713.7 FT TO THE END OF THIS EASEMENT. 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: Smiling Mallard Development,Ltd.,a Texas Limited Partnership Vesting Deed to owners shown herein was dated June 3,2008 and recorded in Volume 8765,Page 176, Official Records,Brazos County,Texas. Subject to: Deed of Trust to secure a Note: Grantor: Smiling Mallard Development,Ltd.,a Texas limited partnership Trustee: David Zalman Beneficiary: Prosperity Bank Amount: $500,000.00 Dated: January 23,2013 Recorded: Volume 11148,Page 115,Official Records,Brazos County,Texas. (Multiple properties on Lien) Restrictions: None of Record Exceptions: Easement: From: A.L.Restivo To: C.A.Ernst,et al Dated:August 6, 1970 Recorded: Volume 292,Page 26,Deed Records,Brazos County,Texas. (Tract 2) Easement: From: The Veteran's Land Board of the State of Texas To: Aquila Southwest Pipeline Corporation Dated:May 25, 1993 Recorded: Volume 1824,Page 238,Official Records,Brazos County,Texas. Access Easement Granted in Deed: From: Charles Ernest,et al To: The Veteran's Land Board of the State of Texas Dated:September 8, 1970 Recorded: Volume 292,Page 15,Deed Records,Brazos County,Texas. Access Easement Granted in Deed: From: Smiling Mallard Development To: Partners in Habitat Preservation Dated: December 27,2007 Recorded: Volume 8386,Page 181,Official Records,Brazos County,Texas. Access Easement Granted in Deed: From: Partners in Habitat Preservation To: Smiling Mallard Development,Ltd. Dated:June 3,2008 Recorded: Volume 8765, Page 176,Official Records,Brazos County,Texas. Mineral Deed: By: The Veterans Land Board of the State of Texas To: Joe Restive Dated: September 30, 1992 Recorded: Volume 1612,Page 254,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: M.H.Jones To: J.W. Batts Dated: June 27, 1945 Recorded: Volume 119,Page 565,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: J.W.Batts,Jr. To: Glenn E.Edling Dated: March 31,1952 Recorded: Volume 153,Page 350,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: Frances C.James,et al To: Earl Newman Dated: January 3, 1969 Recorded: Volume 275,Page 247,Deed Records,Brazos County,Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. Mineral and Water Reservation in Deed: By: Joe Restive To: Smiling Mallard Development,Ltd. Dated: April 20,2006 Recorded: Volume 7275,Page 182,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: Joe Restive,et ux Lessee: Lometa Petroleum Corporation Dated: September 22, 1992 Recorded:Volume 1605,Page 205,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: Frances James Kimbrough Lessee: Lometa Petroleum Corporation Dated: September 29, 1992 Recorded:Volume 1623,Page 185,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: J.W.James,Jr. Lessee: Lometa Petroleum Corporation Dated: September 29, 1992 Recorded:Volume 1635,Page 142,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: Waller Thomas Burns,II,Trustee Lessee: Lometa Petroleum Corporation Dated: March 4, 1993 Recorded:Volume 1760,Page 72,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: Meredith H.James,Jr. Lessee: Lometa Petroleum Corporation Dated: September 30, 1992 Recorded:Volume 1645,Page 28,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: Harriett Cartwright Lessee: Lometa Petroleum Corporation Dated: January 8, 1993 Recorded:Volume 1698, Page 246,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 lial 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