HomeMy WebLinkAboutTitle Report Brazos County Abstract Company
"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. BC1403106
Title Report Prepared 11/26/2014
for
Schultz Engineering, LLC
Joe Schultz
2730 Longmire, Suite A
College Station, Texas 77845
"Experience Matters"
,
>. AbstractBrazos County Company
"More Than 140 Years of Mk Service"
TITLE REPORT
Effective Date: November 25,2014 at 8:00 am
GF NO: BC 1403106
LEGAL DESCRIPTION:
TRACT ONE:
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED
IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, COLLEGE STATION,
BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOT 1, BLOCK 28, THE
BARRACKS II SUBDIVISION, PHASE 300, ACCORDING TO THE PLAT RECORDED
IN VOLUME 11209, PAGE 184 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS
COUNTY, TEXAS, AND A PORTION OF A CALLED 29.869 ACRE TRACT AS
DESCRIBED BY A DEED TO HEATH PHILLIPS INVESTMENTS, LLC RECORDED IN
VOLUME 11623, PAGE 227 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS
COUNTY,TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING AT A 5/8 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF
DEACON DRIVE WEST (85' R.O.W.) MARKING THE SOUTH CORNER OF SAID LOT
1 AND THE EAST CORNER OF BLOCK 7, THE BARRACKS II SUBDIVISION, PHASE
100, ACCORDING TO THE PLAT RECORDED IN VOLUME 10785, PAGE 163 OF THE
OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS;
THENCE: N 47° 45' 43" W ALONG THE COMMON LINE OF SAID LOT 1 AND SAID
BLOCK 7 FOR A DISTANCE OF 441.17 FEET TO A 1/2 INCH IRON ROD FOUND ON
THE SOUTHEAST LINE OF SAID 29.869 ACRE TRACT MARKING THE WEST
CORNER OF SAID LOT 1;
THENCE: S 42° 14' 17" W ALONG THE COMMON LINE OF SAID 29.869 ACRE
TRACT AND SAID BLOCK 7 FOR A DISTANCE OF 9.98 FEET;
THENCE: THROUGH SAID 29.869 ACRE TRACT FOR THE FOLLOWING CALLS:
N 47° 45'43" W FOR A DISTANCE OF 287.49 FEET;
S 42° 14' 17" W FOR A DISTANCE OF 120.00 FEET;
N 47° 45' 43" W FOR A DISTANCE OF 104.88 FEET TO THE COMMON LINE
OF SAID 29.869 ACRE TRACT AND GERMAN ACRES, ACCORDING TO THE
PLAT RECORDED IN VOLUME 2393, PAGE 91 OF THE OFFICIAL PUBLIC
RECORDS OF BRAZOS COUNTY, TEXAS. MARKING THE WEST CORNER
OF THIS HEREIN DESCRIBED TRACT;
THENCE: N 42° 08' 32" E ALONG THE COMMON LINE OF SAID 29.869 ACRE
TRACT AND GERMAN ACRES FOR A DISTANCE OF 1287.41 FEET TO THE NORTH
CORNER OF THIS HEREIN DESCRIBED TRACT;
THENCE: S 30° 08' 24" E THROUGH SAID 29.869 ACRE TRACT FOR A DISTANCE
OF 1.36 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A
RADIUS OF 463.50 FEET;
THENCE: CONTINUING THROUGH SAID 29.869 ACRE TRACT AND ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 17° 37' 19" FOR AN ARC DISTANCE OF
142.55 FEET (CHORD BEARS: S 38° 57' 03" E - 141.99 FEET) TO THE END OF SAID
CURVE;
THENCE: S 47° 45' 43" E CONTINUING THROUGH SAID 29.869 ACRE TRACT, AT
252.92 FEET PASS THE SOUTHEAST LINE OF SAID 29.869 ACRE TRACT AND THE
NORTH CORNER OF SAID LOT 1, SAME BEING A WESTERLY CORNER 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, CONTINUE ON
ALONG THE COMMON LINE OF SAID LOT 1 AND SAID REMAINDER OF 108.88
ACRE TRACT FOR A TOTAL DISTANCE OF 669.09 FEET TO THE BEGINNING OF A
CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET;
THENCE: CONTINUING ALONG THE COMMON LINE OF SAID LOT 1 AND SAID
REMAINDER OF 108.88 ACRE TRACT AND ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 90° 00' 00" FOR AN ARC DISTANCE OF 39.27 FEET (CHORD
BEARS: S 02° 45' 43" E - 35.36 FEET) TO THE END OF SAID CURVE ON THE
EXTENSION OF THE NORTHWEST LINE OF DEACON DRIVE WEST;
THENCE: S 42° 14' 17" W ALONG THE SOUTHEAST LINE OF SAID LOT 1, SAME
BEING THE NORTHWEST LINE OF DEACON DRIVE WEST AND THE EXTENSION
THEREOF, FOR A DISTANCE OF 1110.25 FEET TO THE POINT OF BEGINNING
CONTAINING 22.154 ACRES OF LAND,MORE OF LESS.
TRACT TWO:
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED
IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, COLLEGE STATION,
BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF A CALLED 29.869
ACRE TRACT AS DESCRIBED BY A DEED TO HEATH PHILLIPS INVESTMENTS,
LLC RECORDED IN VOLUME 11623, PAGE 227 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 EASTERLY LINE OF
HOLLEMAN DRIVE (VAR. R.O.W.) MARKING THE NORTHWEST CORNER OF SAID
29.869 ACRE TRACT AND THE SOUTHWEST CORNER OF A CALLED 0.969 ACRE
TRACT AS DESCRIBED BY A DEED TO BILLY W. SPARKMAN AND NELLIE
SPARKMAN RECORDED IN VOLUME 3381, PAGE 255 OF THE OFFICIAL PUBLIC
RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A 1/2 INCH IRON ROD
FOUND ON THE EASTERLY LINE OF HOLLEMAN DRIVE MARKING THE MOST
SOUTHERLY CORNER OF SAID 29.869 ACRE TRACT BEARS: S 22° 02' 42" E FOR A
DISTANCE OF 433.24 FEET;
THENCE: N42° 08' 32" E ALONG THE COMMON LINE OF SAID 29.869 ACRE
TRACT AND SAID 1.969 ACRE TRACT FOR A DISTANCE OF 568.37 FEET TO A
POINT ON THE COMMON LINE OF SAID 29.869 ACRE TRACT AND A CALLED 1.048
ACRE TRACT AS DESCRIBED BY A DEED TO BILLY W. SPARKMAN AND NELLIE
SPARKMAN RECORDED IN VOLUME 3284, PAGE 216 OF THE OFFICIAL PUBLIC
RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE POINT OF BEGINNING
OF THIS HEREIN DESCRIBED TRACT;
THENCE: N 42° 08' 32" E ALONG THE COMMON LINE OF SAID 29.869 ACRE
TRACT AND SAID 1.048 ACRE TRACT,AT 134.66 FEET PASS A 1/2 I NCH IRON ROD
FOUND AT OR NEAR THE EAST CORNER OFS AID 1.048 ACRE TRACT AND THE
SOUTH CORNER OF GERMAN ACRES, ACCORDING TO THE PLAT RECORDED IN
VOLUME 2393, PAGE 91 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS
COUNTY, TEXAS, CONTINUE ON FOR A TOTAL DISTANCE OF 167.80 FEET TO A
POINT ON THE COMMON LINE OF SAID 29.869 ACRE TRACT AND GERMAN
ACRES MARKING THE NORTH CORNER OF THIS HEREIN DESCRIBED TRACT;
THENCE: THROUGH SAID 29.869 ACRE TRACT FOR THE FOLLOWING CALLS:
S 05° 34' 35" E FOR A DISTANCE OF 32.62 FEET TO THE BEGINNING OF A
COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 463.50 FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27° 29' 52" FOR
AN ARC DISTANCE OF 222.44 FEET (CHORD BEARS: S 19° 19' 31" E - 220.32
FEET) TO THE END OF SAID CURVE AND THE BEGINNING OF A
CLOCKWISE CURVE HAVING A RADIUS OF 25.00 FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25° 43' 08" FOR
AN ARC DISTANCE OF 11.22 FEET (CHORD BEARS: S 20° 12' 52" E - 11.13
FEET) TO THE END OF SAID CURVE;
N 47° 45'43" W FOR A DISTANCE OF 119.21 FEET;
S 42° 14' 17"W FOR A DISTANCE OF 35.84 FEET;
N 47° 45' 43" W FOR A DISTANCE OF 108.29 FEET TO THE POINT OF
BEGINNING CONTAINING 0.368 OF AN ACRE OF LAND,MORE OF 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:
Heath Phillips Investments,LLC
By Deed from Arrenia H. Ellis,Florence H.King,Lewis M.Haupt,III and Luella H.Trotter,
dated May 13,2010,recorded in Volume 9627,page 73,Official Records of Brazos County,
Texas and
By Deed from John Wheeler Barger,Trustee of the Mabel M.Barger Trust,dated September
19,2013,recorded in Volume 11623,page 227, Official Records of Brazos County,Texas.
SUBJECT TO:
LIENS:
Deed of Trust, Security Agreement, Fixtures, Financing Statement and Assignment of Rents and
Leases dated October 4, 2011, executed by Heath Phillips Investments, LLC to Tom Giesenschlag,
Trustee, securing one note of even date payable to Greens Prairie Investors, Ltd., in the principal
amount of$2,600,000.00,recorded in Volume 10364,page 96, Official Records of Brazos County,
Texas and as modified, rearranged and/or extended by instrument recorded in Volume 12360,page
268, Official Records of Brazos County,Texas. (Covers 108.88 acres)
ABSTRACTS OF JUDGMENTS/FEDERAL AND/OR STATE LIENS:
None of Record.
EASEMENTS:
Easements,or claims of easements,which are not recorded in the public records.
Easements and building lines as shown of record on plat of The Barracks II Subdivision, Phase
300,recorded in Volume 11209,page 184,Official Records of Brazos County,Texas.
Right-of-Way Easement from J. W. Mochas to Sinclair Refining Company, dated September 6,
1947,recorded in Volume 132,page 68,Deed Records of Brazos County,Texas.
Right-of-Way Easement from P. J. Mochas et al to Sinclair Refining Company, dated March 1,
1947,recorded in Volume 132,page 134, Deed Records of Brazos County,Texas.
Right-of-Way Easement from P. D. Gandy et ux to City of Bryan, dated December 22, 1949,
recorded in Volume 141,page 392, Deed Records of Brazos County,Texas.
Right-of-Way Easement from Arrenia Haupt Ellis et al to Wellborn Special Utility District, dated
May 12, 1999,recorded in Volume 3645,page 298,Official Records of Brazos County,Texas.
Right-of-Way Easement from Mable M. Barger Trust to Wellborn Special Utility District, dated
August 20,2010,recorded in Volume 10086,page 217, Official Records of Brazos County,Texas.
Temporary Blanket Utility Easement from Heath Phillips Investments, LLC to City of College
Station, Texas, dated November 1, 2011, recorded in Volume 10420, page 239, Official Records
of Brazos County,Texas.
OUTSTANDING MINERALS AND/OR ROYALTIES:
Royalty reservation in Deed from S. F. Machos et al to P. D. Gandy, dated October 3, 1949,
recorded in Volume 140, page 614, Deed 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 S.F. Machos et al to J. Wheeler Barger,dated january, 1956,
recorded in Volume 171,page 567,Deed Records of Brazos County,Texas. Title to this
reservation has not been traced subsequent to the date of the above-cited instrument.
Mineral and groundwater reservation in Deed from Arrenia H.Ellis,et al to Heath Phillips
Investments,LLC,dated May 13,2010,recorded in Volume 9627,page 73,Official Records of
Brazos County,Texas.Title to this reservation has not been traced subsequent to the date of the
above-cited instrument.
Mineral and water reservation in Deed from John Wheeler Barger,Trustee of the Mabel M. Barger
Trust to Heath Phillips Investments,LLC,dated September 23,2013,recorded in Volume 11623,
page 227, Official Records of Brazos County,Texas.
OIL & GAS LEASES:
Estate created by Oil and Gas Leases from Florence Haupt King et al to Baker Exploration
Company, dated December, 1993, recorded in Volume 2020, pages 93, 113, 122 and 140, 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 Oil and Gas Lease from Lewis M. Haupt to Baker Exploration Company, dated
January 5, 1994, recorded in Volume 2020, page 146, 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 Luella H. Trotter et al to BRW Land
Services, dated December 19, 2012, recorded in Volume 11145, pages 9, 14 and 16, Official
Records of Brazos County, Texas. Title to said lease(s)has not been traced subsequent to the date
of the above-cited instrument.
Estate created by Memorandum of Oil and Gas Lease(s) from Mabel M. Barger Trust to BRW
Land Services,dated January 11,2013,recorded in Volume 11145,page 20,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:
Terms, provisions, covenants, conditions, and restrictions, easements, charges, assessments and
liens provided in the Covenants, Conditions and Restrictions recorded in Volume 8986, page 115,
Volume 10671,page 145, Volume 11209,page 184 (on plat), Volume 11674, page 62 and Volume
11843, page 285, Official Records of Brazos County, Texas, but omitting any covenant, condition
or restrictions, if any,based on race, color, religion, sex, handicap, familial status or national origin
unless and only to the extent that the covenant,condition or restrictions(a)is exempt under Title 42
of the United States Code, or(b) related to handicap,but does not discriminate against handicapped
persons.
TAXES/ASSESSMENTS:
NONE REQUESTED
MISCELLANEOUS:
Terms, conditions and stipulations contained in Bill of Sale for Water rights from Haupt Family
Partnership to the Haupt Water Partnership, dated December 7, 2000, recorded in Volume 4012, page
288, Official Records of Brazos County,Texas.
Release of Drainage Easement dated April 23,2014, executed by The Barracks at Rock Prairie Owners
Association,Inc.,recorded in Volume 11972,page 40,Official Records of Brazos County,Texas.
The terms, conditions and stipulations contained in the Declaration of Covenants, Conditions and
Restrictions, executed by Greens Prairie Investors, Ltd., dated March 3, 2009, recorded in Volume
8986, page 115, Volume 10671,page 145, Volume 11674,page 62 and Volume 11843, page 285, and
in management certificate in Volume 9520,page 215, Official Records of Brazos County,Texas.
Maintenance charge as set forth in the Declaration of Covenants, Conditions and Restrictions executed
by Greens Prairie Investors, Ltd., dated March 3, 2009, recorded in Volume 8986, page 115 and
amended in Volume 10671,page 145and Volume 11674,page 62, Official Records of Brazos County,
Texas.
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,whether listed in
Schedule B or not.There may be leases,grants, exceptions or reservations of mineral interests that are
not listed.
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 Schultz Engineering, LLC.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
67\>''''10.+X j6Pnlp
BY:
s •
BILL&RETURN TO: otooko 80 423 Ph
BRAZOS CO N •BSTRACT COMPANY
0 f • ONFIDENTIALITY RIGHTS: IF YOU ARE ANATURAL PERSON,YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATIONFROM ANY INSTRUMENT THAT TRANSFERS AN INTERCST'M`IAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WARRANTY DEED WITH VENDOR'S LIEN
DATE: May 13,2010
GRANTOR: ARRENIA H.ELLIS,FLORENCE FL KING,
LEWIS M.HAUPT,III,and LUELLA H.TROTTER
GRANTOR'S MAILING ADDRESS:
Arrenia H.Ellis Lewis M.Haupt,III
22629 Spanish Oaks P.O.Box 25363
San Antonio,Texas 78266-2697 Houston,Texas 77265-5363
Florence H.King Luella H.Trotter
31 Silent Brook Court 1215 Rock Springs Road
The Woodlands,Texas 77381 Duncanville,Texas 75137-2839
GRANTEE: HEATH PHILLIPS INVESTMENTS,LLC
GRANTEE'S MAILING ADDRESS:
4490 Castlegate Drive
College Station,Texas 77845
CONSIDERATION: TEN AND NO/100 DOLLARS($10.00)and a note of even date that
is in the principal amount of TWO MILLION NINE HUNDRED
NINETY-FOUR THOUSAND TWO HUNDRED AND NO/100
DOLLARS($2,994,200.00)and is executed by Grantee,payable to
the order of AMERICAN MOMENTUM BANK. The note is
secured by a vendor's lien retained in favor of AMERICAN
MOMENTUM BANK in this deed and by a deed of trust of even date
from Grantee to JULIUS C.DUNLAP,Trustee.
PROPERTY(INCLUDING ANY IMPROVEMENTS):
Being all that certain tract or parcel of land lying and being situated in the
CRA WFORD BURNETT LEAGUE,Abstract No.7,College Station,Brazos
County,Texas. Said tract being the remainder of a called 136.063 acre tract
as described by a Deed to L. M. Haupt,Jr. and wife, Stella Gcrcn Haupt
1
1
1l
OtO6Q 6O OR p627 P74
recorded in Volume 171,page 392,Deed Records of Brazos County,Texas,
and the remainder of a called 3.3 acre tract as described by a Deed to Lewis
M.Haupt,Jr.,recorded in Volume 293,page 788,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 rad found on the southwest line of Old
Wellborn Road marking the east corner of said remainder of 136.063 acre
tract and the north corner of a called 12.40 acre tract as described by a Deed
to Osage, Ltd., recorded in Volume 1130, page 570, Official Records of
Brazos County,Texas;
THENCE S 41° 12' 34" W along the common line of said remainder of
136.063 acre tract and said 12.40 acre tract for a distance of 517.37 feet to a
3/8 inch iron rod found marking the west corner of said 12.40 acre tract and
the north comer of the remainder ofa called 8.833 acre tract as described by a
Deed to Greens Prairie Investors':Ltd.,reci!iiii 'in Volume 8413,page 22,
Official Records of Brazos County,Texas;
THENCE S 41° 55'50" W along the common line of said remainder of
136.063 acre tract and said remainder of 8.833 acre tract for a distance of
429.64 feet to a 1/2 inch iron rod found marking the common corner of said
remainder of 8.833 acre tract and the remainder of a called 3.0 acre tract as
described by a Deed to Greens Prairie Investors, Ltd.,recorded in Volume
8513,page 276,Official Records of Brazos County,Texas;
THENCE S 41° 18'46" W along the common line of said remainder of
136.063 acre tract and said remainder of 3.0 acre tract for a distance of
124.14 feet to a 1/2 inch iron rod found marking the north corner of
Williamsgate Subdivision,Phase 1,according to the plat recorded in Volume
7705,page 206,Official Records of Brazos County,Texas;
THENCE S 41° 30' 18" W along the common line of said remainder of
136.063 acre tract and Williamsgate Subdivision,Phase 1 and the remainder
of a called 20.25 acre tract as described by a Deed to Robbie Robinson,Ltd.,
recorded in Volume 6446,page 92, Official Records of Brazos County,
Texas,for a distance of 637.46 feet to a 1/2 inch iron rod found marking an
easterly corner of a called 22.97 acre tract as described by a Deed to Charles
I.Turner and Mary E.Turner recorded in Volume 3331,page 61,Official
Records of Brazos County,Texas;
2
ek
l
01060 60l OR 9627 F75
THENCE N 49° 58'35" W along the common line of said remainder of
136.063 acre tract and said 22.97 acre tract for a distance of 562.09 feet to a
1/2 inch iron rod found marking the north corner of said 22.97 acre tract;
THENCE S 41° 21' 39" W continuing along the common line of said
remainder of 136.063 acre tract and said 22.97 acre tract for a distance of
801.59 feet to a 1/2 inch iron rod found on the northwest line of a called
23.00 acre tract described as Tract 2 by a Deed to Henry P.Mayo and wife,
Sandra K.Mayo,recorded in Volume 1253,page 878,Official Records of
Brazos County,Texas,marking the east corner of a called 27.017 acre tract
divided out of said remainder of 136.063 acre tract,said 27.017 acre tract not
yet filed of record at the time of this description;
THENCE through said remainder of 136,063 acre tract and along the
northeast and northwest lines of said 27.017 acre tract for the following calls:
N 47°43'18"W for a distance of 898.64 feet to a 1/2 inch iron rod found;
S 42°56'01"W fora distance of 803.33 feet to a 1/2 inch iron rod found
marking the beginning of a clockwise curve having a radius of 468.50 feet;
AIong said curve through a central angle of 25°02'43"for an arc distance of
204.79 feet(Chord Bears:S 55°26'04"W-203.17 feet)to a 1/2 inch iron
rod found marking the ending point of said curve;
S 67°52'33"W for a distance of 30.24 feet to a 1/2 inch iron rod found on
the northeast line of Jones Butler road marking the southwest corner of this
herein described tract;
THENCE N 22°02'42"W along the northeast line of Jones Butler Road,
same being the southwest line of said remainder of 3.3 acre tract, for a
distance of 412.84 feet to a 1/2 inch iron rod found marking the common
corner of said remainder of 3,3 acre tract and a called 29,175 acre tract as
described by a Deed to John Wheeler Barger,Trustee,recorded in Volume
7583,page 90,Official Records of Brazos County,Texas;
THENCE N 42° 14'17"E along the common line of said remainder of 3.3
acre tract and said remainder of 136.063 acre tract and said 29.175 acre tract
for a distance of 3402.74 feet to a 6 inch fence corner post found on the
southwest line of OId Wellborn Road marking the north corner of this herein
described tract;
3
0
Doc
k
ol
01060560 OR 9627 P76
THENCE S 47°04'17"E along the southwest line of Old Wellborn Road for
a distance of 1867.58 feet to the POINT OF BEGINNING,containing 108.88
acres of land,more or less.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
(1) Easements,or claims of easements, which are not recorded in the
public records.
(2) Service utilities and appurtenant facilities as depicted on survey plat
prepared by Brad Kerr,Registered Professional Land Surveyor,State
of Texas,No.4502,dated March I I,2010.
(3) Right-of--Way Easement from J. W. Mochas to Sinclair Refining
Company,dated September 6, 1947,recorded in Volume 132,page
68,Deed Records of Brazos County,Texas,and noted as a blanket
easement on survey plat prepared by Brad Kerr, Registered
Professional Land Surveyor,State of Texas,No.4502,dated March
11,2010.
(4) Right-of-Way Easement from P. D.Gandy et ttx to City of Bryan,
dated December 22,1949,recorded in Volume 141,page 392,Deed
Records of Brazos County,Texas,and noted as a blanket easement on
survey plat prepared by Brad Kerr, Registered Professional Land
Surveyor,State of Texas,No.4502,dated March 11,2010.
(5) Right-of-Way Easement from Arrenia Haupt Ellis et al to Wellborn
Special Utility District, dated May 12, 1999,recorded in Volume
3645,page 298,Official Records of Brazos County,Texas,and noted
as a blanket easement on survey plat prepared by Brad Kerr,
Registered Professional Land Surveyor,State of Texas,No.4502,
dated March 1 I,2010.
(6) Public Utility Easement from Arrenia H.Ellis et al to City of College
Station,Texas,dated May 24,2006,recorded in Volume 7233,page
93, Official Records of Brazos County, Texas, and as shown on
survey plat prepared by Brad Kerr, Registered Professional Land
Surveyor,State of Texas,No.4502,dated March 11,2010.
(7) Temporary Construction Easement from Amenia H.Ellis et alto City
of College Station,Texas,dated May 24,2006,recorded in Volume
7233,page 103,Official Records of Brazos County,Texas.
4
Doc Bk Vol Ps
01060560 OR 9627 77
(8) Royalty reservation in Deed from S.F.Machos et al to P.D.Gandy,
dated October 3, 1949, recorded in Volume 140, page 614,Deed
Records of Brazos County,Texas.
(9) Estate created by erii'iiid.d :Lc3SZ'from Florence Haupt King et al
to Baker Exploration Company,dated December,1993,recorded in
Volume 2020, pages 93, 1I3, 122 and 140, Official Records of
Brazos County,Texas.
(10) Estate created by Oil and Gas Lease from Lewis M.Haupt to Baker
Exploration Company,dated January 5, 1994,recorded in Volume
2020,page 146,Official Records of Brazos County,Texas.
(II) Terms,conditions and stipulations contained in Bill of Sale for Water
rights from Haupt Family Partnership to the Haupt Water Partnership,
dated December 7, 2000, recorded in Volume 4012, page 288,
Official Records of Brazos County,Texas.
(12) SAVE AND EXCEPT,and there is hereby reserved unto Grantor,
his/her heirs, successors and assigns, all of the oil, gas and other
minerals,currently owned by Grantor,in and under and that maybe v,.
produced from the herein described property, PROVIDED 'gi
HOWEVER,as to the mineral interest owned by the Grantor except
as may be provided in instruments currently of record,there shall be
no right of ingress or egress to the surface of the premises at any time
for the purpose of mining, drilling, exploring, operating and
developing said lands for oil,gas and other minerals and removing
the same therefrom,or for the purposes of using such property for the
storage or transportation of oil, gas and other minerals. Nothing
herein shall prohibit the Grantor or Grantor's heirs,successors and
assigns from pooling or permitting slant drilling under said premises
to develop and produce the oil,gas and minerals owned by Grantor
and Grantor's heirs,successors and assigns so long as the foregoing is
accomplished without entering upon, penetrating, weakening,
undermining or disturbing the surface of the Property.Each grantor
makes no representation as to any oil,gas and minerals not owned by
such individual Grantor.
(13) SAVE AND EXCEPT,and there is hereby reserved to Grantor all
groundwater,being all underground water,percolating water,artesian
water and other waters from any and all reservoirs,formations,depths
and horizons beneath the surface of the earth in,under or that may be
produced from the Property,but only to the extent such groundwater
5
1
0 0 _..
Doc $k Vol Ps
01060560 OR 9627 73
is Iocated below 1,000 feet in depth;provided Grantor shall have no
right of ingress and egress upon the Property for purposes of
accessing such groundwater.
Grantor, for the consideration and subject to the reservations from and exceptions to
conveyance and warranty,grants,sells,and conveys to Grantee the property,together with all and
singular the rights and appurtenances thereto in any wise belonging,to have and hold it to Grantee,
Grantee's heirs,executors, administrators,successors,or assigns forever. Grantor hereby binds
Grantor and Grantor's heirs,executors,administrators,and successors to warrant and forever defend
all and singular the property to Grantee and Grantee's heirs,executors,administrators,successors,
and assigns,against every person whomsoever IawfuIly claiming or to claim the same or any part
thereof,except as to the reservations from and exceptions to warranty.
The vendor's lien against and superior title to the property are retained until each note
described is fully paid according to its terms,at which time this deed shall become absolute.
AMERICAN MOMENTUM BANK at Grantee's request has paid in cash to Grantor that
portion of the purchase price of the property that is evidenced by the note described. The vendor's
lien and superior title to the property are transferred to that party without recourse on Grantor.
When the context requires,singular nouns and pronouns include the plural.
('r,i4p . AI. E�1lsL
ARRENIA H.ELLIS
. _.../47-14-4",e4-- j61
LORE CE H.KING sk-0
/.4.,,,_
L WIS M. A T,11
L LLA H.TROTTER
THE STATE OF TEXAS §
COUNTY OF BRAZOS § ''22
This instrument was acknowledged before me on the 6 day of May,2010,by ARRENIA H.
ELLIS. I
cz.
8ey v 6VP° Notary Public,State of Teas
Doc 8k Vol Pi
01060560 OR 9627 74
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the /9 day of May,2010,by FLORENCE
�yft' em SCONE
1. C :ttCt:�A3ArA5tON�pri£5
,vN OpcU+�_._ _ l./...11/ CZg .P`
-- Notary Public,State o' exas
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the 13 day of May,2010,by LEWIS M.
HA r is______
ii
s______-___----
i sevEaLEYSTORE
(ie tAvcomtASSiON7tPtAES 1 J k _(4 t 4hrn—C.„,..-
-.1.;,,,,i0lIpgapgr4,_2 �Y_—......----.--_ Notary Public,State of ex as
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the 13 day of May,2010,by LUELLA H.
fmotel sic+tt
i + tAY COkYA1SSgN E%rs ��}} � �� �
.� 3r OCiOCW4,20t2 `�.��;l,L,-1-4.1.4..4 �P .1..(
Notary Public,State of Teb as
PREPARED BY:
TOM GIESENSCHLAG
3800 Cross Park Drive
Bryan,Texas 77802
(TG/sah/148982)
AFTER RECORDING.RETURN TO: G
M 2.pA~ N
6
BRAZOS COUNTY ABSTRACT COMPANY p m
IT
P.O.Box 4704 i EsgG B
Bryan,Texas 77805 P ='
1; r A M
CZ v g �R�n R r (pAI
Ng 7 w g fits a_I it t EA. 4 R?
11 ,y rN,,—2r
n � f')
6� M ;
0
NCO.: POppl
NOC
p
A N$ JO
; x.
a�r§4
m m
511.1.&RETURN TO:
RAZO COUNTY ABSTRACT COMPANY 0117/035 aR 11623 Vol ?2
% 7
OFN
Notice of confidentiality rights:if you are a natural person,you may remove or strike
any or all of the following Information from any Instrument that transfers an interest
in real property before it Is filed for record in the public records:your Social Security
number or your driver's license number.
SPECIAL WARRANTY DEED
Date:September /17 2013
Grantor: JOHN WHEELER BARGER,TRUSTEE OF THE MABEL M.BARGER TRUST
Grantor's Mailing Address:8023 Vantage Drive.Suite 840,San Antonio,Texas 78230
Grantee:HEATH PHILLIPS INVESTMENTS,LLC,a Texas limited liability company
Grantee's Mailing Address:Post Office Box 262,Welibom,Texas 77881
Consideration: Ten Dollars ($10.00)and other good and valuable consideration, the
receipt of which is hereby acknowledged.
Property(including any improvements):kilte,rart h,t nrfp4escriptionofallthatcertain
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 29.175 acre tract
of land as described by a deed to John Wheeler Barger,Trustee of The Mabel M.Barger
Trust recorded in Volume 7583,Page 90,of the Official Public Records of Brazos County,
Texas, and being more particularly described on Exhibit "A" attached hereto and
incorporated herein.
Reservations from Conveyance and Warranty:
Mineral Rights. Grantor hereby reserves unto Grantor, and Grantor's
successors and assigns, all of Grantor's present and reversionary rights,
titles,and interests in and to all of the oil,gas and other minerals in,on and
under or that may be produced from the Property ("Grantor's Retained
Minerals"). Grantor agrees to waive any and all rights to go on or about or
use the surface of the Property for the exploration, production or
development of oil,gas and other minerals without the written consent of the
Grantee or surface owner. This waiver shall not be construed as waiving,
releasing,or relinquishing any of Grantor's right,title or interest in and to the
oil,gas and other minerals that may be produced from the Property or the
right of Grantor to explore, develop or produce such oil, gas, and other
minerals by means which do not include the use of the surface of the
Property,including without limitation,directional wells drilled under any part
of the Property from a site off the Property or by pooling of the Property with
.,....-.._.. _ .� _ _ _ _ .._,._...,,.
oc Bk
N
02171035 OR 11623 228
other lands. Grantor will bind itself that any present and future leases upon
the Property wilt contain a non-drilling agreement,Intending thereby that any
development of the mineral estate be done through off-site drilling,and shall
not disturb the surface of the Property conveyed to Grantee.
Water Rights.Grantor hereby reserves unto Grantor all groundwater,being
all underground water,percolating water, artesian water and other waters
from any and all reservoirs, formations, depths and horizons beneath the
surface of the earth in,under or that may be produced from the Property,but
only to the extent such groundwater is located below 1,000 feet in depth;
provided Grantor shall have no right of ingress and egress upon the Property
for purposes of accessing such groundwater.
Exceptions to Conveyance and Warranty: This conveyance is made and accepted
subject to the following matters;
1. Right-of-Way Easement from J.W. Mochas to Sinclair Refining
Company dated September 6, 1947,recorded in Volume 132,Page
68,Deed Records of Brazos County,Texas.
.B,,,d•.Ak-Fe, 2. Right-of-Way Easement from P.J.Mochas el al to Sinclair Refining
Company dated March 1, 1947,recorded in Volume 132,Page 134,
Deed Records of Brazos County,Texas.
3. Public Utility Easement from Mabel Mcqueen Barger to City of
College Station.Texas,dated March 23,2006,recorded in Volume
7220,Page 67,Official Records,Brazos County,Texas.
4. Right-of-Way Easement from Mabel M. Barger Trust to Wellborn
Special Utility District dated August 20, 2010, recorded in Volume
10086,Page 217,Official Records of Brazos County,Texas.
5. Explorer Gas Pipeline as depicted on survey plat prepared by Brad
Kerr,Registered Professional land Survey.State of Texas,No.4502,
dated September 10,2013,
6. Mineral reservation in Deed from S.F. Machos et al to J. Wheeler
Barger, dated January, 1956, recorded in Volume 171, Page 567,
Deed Records of Brazos County.Texas.
7. Estate created by Oil and Gas Lease(s)from Mabel M.Barger Trust
to BRW Land Services,dated January 11,2013,recorded in Volume
11145,Page 20,Official Records of Brazos County,Texas.
2
Doc Bk Io1 RI
01171035 OR 11623 214
Ad Valorem Taxes: Grantee shall be responsible for all ad valorem taxes due for
calendar year 2013.
AS IS. EXCEPT FOR THE WARRANTY OF TITLE IN THIS SPECIAL WARRANTY
DEED,GRANTEE ACKNOWLEDGES THAT GRANTEE IS AWARE THAT GRANTOR
MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR
IMPLIED, WITH RESPECT TO THE CONDITION OF THE PROPERTY. GRANTEE
FURTHER REPRESENTS AND WARRANTS THAT GRANTEE HAS ALREADY
INDEPENDENTLY INSPECTED OR WILL CAUSE TO BE INSPECTED ON GRANTEE'S
BEHALF THE PROPERTY AND EVERY ASPECT OF THE CONDITION OF THE
PROPERTY AND THAT GRANTEE HAS NOT ENTERED INTO THIS TRANSACTION
BASED UPON ANY REPRESENTATION,WARRANTY,AGREEMENT,STATEMENT OR
EXPRESSION OF OPINION BY GRANTOR OR BY ANY PERSON OR ENTITY ACTING
OR ALLEGEDLYACTING FOR OR ON BEHALF OF GRANTOR AS TO THE PROPERTY
OR THE CONDITION OF THE PROPERTY OR THE LACK OF SAID OPINION.
GRANTEE AGREES THAT THE PROPERTY IS SOLD AND CONVEYED TO AND
ACCEPTED BY GRANTEE IN ITS THEN PRESENT CONDITION, AS IS,WHERE IS,
WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES
WHATSOEVER,EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING,THE SALE OF THE PROPERTY IS WITHOUT ANY EXPRESS OR
IMPLIED WARRANTY. REPRESENTATION, AGREEMENT, STATEMENT OR
EXPRESSION OF OPINION OF OR WITH RESPECT TO:(I)THE CONDITION OF THE
PROPERTY OR ANY ASPECT THEREOF, INCLUDING,WITHOUT LIMITATION,ANY
AND ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES RELATED
TO SUITABILITY FOR HABITATION, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR USE OR PURPOSE; (II) THE SOIL CONDITIONS, DRAINAGE,
TOPOGRAPHICAL FEATURES OR OTHER CONDITIONS OF THE PROPERTY OR
WHICH AFFECT THE PROPERTY; (III) ANY CONDITIONS RELATING FROM OR
ARISING TO ANY ARCHEOLOGICAL OR HISTORIC SITE, CEMETERY, BURIAL
GROUND, ENDANGERED SPECIES OR THEIR HABITAT, OR OTHER SUCH
CONDITION WHICH MAY AFFECT THE PROPERTY (IV) AREA, SIZE, SHAPE,
CONFIGURATION,LOCATION,CAPACITY,QUANTITY,QUALITY,VALUE,CONDITION
OR COMPOSITION OF THE PROPERTY;(V)ANY ENVIRONMENTAL,GEOLOGICAL,
METEOROLOGICAL, STRUCTURAL OR OTHER CONDITION OR HAZARD OR THE
PRESENCE OR ABSENCE THEREOF HERETOFORE, NOW OR HEREAFTER
AFFECTING IN ANY MANNER ANY OF THE PROPERTY; AND (VI) ALL OTHER
EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES BY GRANTOR
, WHATSOEVER.
GRANTEE AGREES WITH AND ACKNOWLEDGES TO THE GRANTOR(1)THAT NO
CONFIDENTIAL OR FIDUCIARY RELATIONSHIP EXISTS BETWEEN GRANTEE AND
THE GRANTOR,(2)THAT IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO
THAT GRANTEE DISCLAIM RELIANCE UPON ANY PURPORTED
REPRESENTATIONS,WARRANTIES,STATEMENTS,OMISSIONS OR COVENANTS
OF ANY KIND,CHARACTER OR NATURE,EXPRESSED OR IMPLIED WITH RESPECT
3
r morose* .:.a.....w.
Doc Ek voi Ps
01171035 OR 11625 230
HERETO OR THE PROPERTY AND TO THEREBY NEGATE ANY ELEMENT OF
RELIANCE BY GRANTEE OR ANY PERCEIVED DUTY BY THE GRANTOR TO MAKE
ANY DISCLOSURES WHATSOEVER, (3) THAT THE PARTIES HERETO ARE •
KNOWLEDGEABLE AND SOPHISTICATED PERSONS,(4)THAT GRANTEE AND THE
PRINCIPALS OF GRANTEE ARE SOPHISTICATED PURCHASERS AND DEVELOPERS
OF REAL ESTATE INCLUDING BUT NOT LIMITED TO THE TRACT ADJOINING THE
PROPERTY,(5)THAT GRANTEE HAS CONDUCTED ITS PWN STUDIES UPON THE
PROPERTY INCLUDING DRAINAGE AND FLOOD PLAIN STUDIES, (6)THAT THE
PARTIES ARE EACH REPRESENTED BY HIGHLY COMPETENT AND ABLE LEGAL
COUNSEL, (7) THAT THE PROVISIONS OF THIS DISCLAIMER HAVE BEEN
SPECIFICALLY NEGOTIATED BY THE PARTIES HERETO WITH ADVICE OF THEIR
RESPECTIVE LEGAL COUNSEL AT ARMS LENGTH,AND(8)THAT THE PROVISIONS
OF THIS DISCLAIMER ARE AN INTEGRAL PORTION OF THIS AGREEMENT AND A
MATERIAL FACTOR IN THE DETERMINATION OF THE PURCHASE PRICE FOR THE
PROPERTY AND THAT GRANTOR WOULD NOT AGREE TO SELL THE PROPERTY
TO THE GRANTEE FOR THE PURCHASE PRICE PRESCRIBED WITHOUT THE
PROVISIONS HEREOF..
Grantor,for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the
Property,together with all and singular the rights and appurtenances thereto in any way
belonging,to have and to hold it to Grantee and Grantee's heirs,successors,and assigns
forever, Subject to the reservation from and exceptions to conveyance and warranty,
Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend
all and singular the Property to Grantee and Grantee's heirs, successors, and assigns
against every person whomsoever lawfully claiming or to claim the same or any part
thereof when the claim Is by,through,or under Grantor but not otherwise,except as to the
Reservations from Conveyance and Warranty and the Exceptions to Conveyance and
Warranty,
When the context requires,singular nouns and pronouns include the plural.
GRANTOR:
THE MABEL M.BARGER TRUST
By:
John Wheele arger,Trustee
4
Doe Bk Vol R$
01171035 OR 11623 231
(Acknowledgment)
STATE^:)l T£irttS §
COUNTY OF §
This instrument was acknowledged before me this PP 'day of September,2013.
by John Wheeler Barger,Trustee of The Mabel M.Barger Trust.
JEFFREY GRATZ
Mj,�; Am' ub c.5iate of Texas
00.-08-20-i 7
G`,OATAwsSSBARGERVdeeei M Barger TrusRSpaela€Warranty Geed.wpd
After Recording Return To:
5
EXHIBIT JQ Doc 8k Vol Ps
Pas r of 2 Pages 111171035 OR 11613 232
!i
METES AND BOUNDS DESCRIPTION
OF A
29.869 ACRE TRACT
CRAWFORD BURNETT LEAGUE,A-7
COLLEGE STATION,BRAZOS COUNTY,TEXAS
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 29.175 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO JOHN
WHEELER BARGER,TRUSTEE OF THE MABEL M.BARGER TRUST RECORDED IN
VOLUME 7583,PAGE 90 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,
TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING AT A fi INCH IRON ROD POUND ON THE NORTHEAST LINE OF
HOLLEMAN DRIVE S. MARKING THE WEST CORNER OF THE REMAINDER OF A
108.88 ACRE TRACT OF LAND 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 ON AT THE INTERSECTION OF THE NORTHEAST LINE OF HOLLEMAN
DRIVE S.AND THE NORTHWEST LINE OF DEACON DRIVE W.BEARS:S 22°02'42"E
FOR A DISTANCE OF 412.84 FEET(DEED CALL AND MEASURED,9627/73)AND THE
CITY OF COLLEGE STATION GPS MONUMENT NO.117 BEARS:5 49°44'44"E FOR A
DISTANCE OF 3034.14 FEET; �,k
THENCE: N 22°02'42"W ALONG THE NORTHEAST LINE OF HOLLEMAN DRIVE S.
FOR A DISTANCE OF 433.24 FEET(DEED CALL:N 18°00'00"W-440.00 FEET,7583/90)
TO A 1/2 INCH IRON ROD SET MARKING THE SOUTH CORNER OF A CALLED 1.969
ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO BILLY W.SPARKMAN AND
NELLIE SPARKMAN RECORDED IN VOLUME 3381, PAGE 255 OF THE OFFICIAL
PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. FOR REFERENCE, A FENCE
CORNER POST FOUND MARKING THE WEST CORNER OF SAID 1.969 ACRE TRACT
BEARS:N 21.58'34"W FOR A DISTANCE OF 220.45 FEET;
THENCE: N 42° 08'32" E, AT 703.04 FEET PASS A 1/2 INCH IRON ROD FOUND
MARKING THE EAST CORNER OF A CALLED 1,048 ACRE TRACT OF LAND AS
DESCRIBED BY A DEED TO BILLY W. SPARKMAN AND NELLIE SPARKMAN
RECORDED IN VOLUME 3284, PAGE 216 OF THE OFFICIAL PUBLIC RECORDS OF
BRAZOS COUNTY,TEXAS AND THE SOUTH CORNER OF LOT 10,GERMAN ACRES
ACCORDING TO THE PLAT RECORDED IN VOLUME 2393, PAGE 91 OF THE
OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS,CONTINUE ON ALONG
THE SOUTHEAST LINE OF SAID GERMAN ACRES,AT 2114.49 FEET PASS A 1/2 INCH
IRON ROD FOUND MARKING THE COMMON CORNER OF LOTS 3 AND 4 OF SAID
1
I
I
EXHIBIT_ r� a . _. — ,-- -
Page_,_2_of a Pages
01171035 OR 11623 233
GERMAN ACRES,AT 2591.93 FEET PASS A 112 INCH IRON ROD FOUND MARKING
THE EAST CORNER OF LOT 1 OF SAID GERMAN ACRES AND THE SOUTH CORNER
OF A CALLED 3.475 ACRE TRACT OF LAND AS DESCRIBED AS TRACT 3 BY A DEED
TO CIRCLE H INVESTMENTS,LLC RECORDED IN VOLUME 11239,PAGE 219 OF THE
OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY,TEXAS,CONTINUE ON ALONG
THE SOUTHEAST LINE OF SAID 3.475 ACRE TRACT FOR A TOTAL DISTANCE OF
3219.51 FEET(DEED CALL:N 45°00'00" E- 322I.00 FEET, 7583/90)TO A U2 INCH
IRON ROD SET ON THE SOUTHWEST LINE OF OLD WELLBORN ROAD MARKING
THE EAST CORNER OF SAID 3.475 ACRE TRACT. FOR REFERENCE, A SANITARY
SEWER CLEAN OUT FOUND BEARS:N 80°13'43"W FOR A DISTANCE OF 0.61 FEET;
THENCE: S 47°04'17"E ALONG THE SOUTHWEST LINE OF OLD WELLBORN ROAD
FOR A DISTANCE OF 395.75 FEET(DEED CALL:S 41°45'00"E-395.00 FEET,7583190)
TO A 6 INCH FENCE CORNER POST FOUND MARKING THE NORTH CORNER OF
SAID REMAINDER OF 108.88 ACRE TRACT.FOR REFERENCE,A 112 INCH IRON ROD
FOUND MARKING THE EAST CORNER OF SAID 108.88 ACRE TRACT BEARS:S 47°04'
17"E FOR A DISTANCE OF 1867.58 FEET(DEED CALL AND MEASURED,9627/73);
THENCE: S 42°14' 17"W ALONG THE NORTHWEST LINE OF SAID REMAINDER OF
108,88 ACRE TRACT AND THE BARRACKS II SUBDIVISION PHASE 100 ACCORDING .
TO THE PLAT RECORDED IN VOLUME 10570,PAGE 293 OF THE OFFICIAL PUBLIC
RECORDS OF BRAZOS COUNTY,TEXAS FOR A DISTANCE OF 3402.74 FEET(DEED
CALL AND MEASURED,9627/73XDEED CALL:S 45°00'00"W-3270.00 FEET,7583/90)
TO THE POINT OF BEGINNING CONTAINING 29.869 ACRES OF LAND, MORE OR ,
LESS, AS SURVEYED ON THE GROUND SEPTEMBER.2013. SEE PLAT PREPARED
SEPTEMBER, 2013 FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM
SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED BY GPS
OBSERVATION.
,� t]FT: '
��t�o�s e �i 1
.• h,h t
BRAD KERR .' r
hh.rM
REGISTERED PROFESSIONAL �:�fe„,,4 j
LAND SURVEYOR No.4502 • °'-O
uii,i-, ,� omE •C/WORK/MAB/,3.647 ; Q,' .
_*
REVISED 09-I8-13 2 E =_;',' 0 4 1 ,
ry 3
Pt
0� _
= -t 69 ppN N O �(4 ,,
O b N C° G
1 111.000 A.
7
d
d Q�y
11 K�N
2„S 5I
,r ,,-,ii;ivr!:J if, ',