HomeMy WebLinkAboutMete & Bounds EXHIBIT "A"
Tract One: Fee Simple
Metes and bounds description of all that certain tract or parcel of land lying and being situated in the J.E.Scott League,
Abstract No.50,College Station,Brazos County,Texas. Said tract being a portion of Block 1,survey for Chas.J.Gorzycki,
according to the plat recorded in Volume 62,Page 164 of the Deed Records of Brazos County,Texas and an unplatted portion
of West Park Addition,according to the plat recorded in Volume 102,Page 198 of the Deed 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 southwest line of Montclair Avenue(50'R.O.W.)marking the north
corner of a called 0.703 acre tract as described by a Deed to Southgate II recorded in Volume 2643,Page 321,of the Official
Public Records of Brazos County,Texas,for reference a 1/2 inch iron rod found marking an interior north corner of said
0.703 acre tract bears: S 40 degrees 28' 50" W for a distance of 158.10 feet;
THENCE:N 47 degrees 51'39" W along the southwest line of Montclair Avenue for a distance of 69.95 feet to a 5/8 inch iron
rod set marking the POINT OF BEGINNING of this herein described tract;
THENCE: S 40 degrees 28'50"W through said Block 1 (62/164)for a distance of 156.86 feet to a 5/8 inch iron rod set
marking an exterior north corner of said 0.703 acre tract;
THENCE: S 43 degrees 20'25"W along the northwest line of said 0.703 acre tract for a distance of 115.01 feet to a 1/2 inch
iron rod found of the Northeast line of a 15.00 foot wide alley marking the west corner of said 0.703 acre tract and the most
southerly corner of this herein described tract,for reference a 1/2 inch iron rod found on the northwest line of Grove Street
(50'R.O.W.)marking the south corner of said 0.703 acre tract same being called the south corner of said Block 1 (62/164),
Bears: S 47 degrees 57' 45" E for a distance of 155.89 feet;
THENCE:N 47 degrees 21'23"W along the northeast line of said alley for a distance of 251.99 feet to a 1/2 inch iron rod
found marking the south corner of a called 0.495 acre tract as described a Deed to Rothco Investors,Ltd.,recorded in Volume
3242,Page 130,of the Official Public Records of Brazos County,Texas;
THENCE: N 41 degrees 36' 51" E along the southeast line of said 0.495 acre tract for a distance of 269.57 feet to a 1/2 iron rod
found on the southwest line of Montclair Avenue marking the east corner of said 0.495 acre tract;
THENCE: S 47 degrees 51'39" E along the southwest line of Montclair Avenue for a distance of 252.32 feet to the POINT OF
BEGINNING,containing 1.58 acres of land,more or less.
Tract Two: Easement
All that certain tract or parcel of land lying and being situated in the J.E.Scott League,Abstract No.50,College Station,
Texas. Said tract being a portion of Block 1,survey for Chas.J.Gorzycki,according to the plat recorded in Volume 62,Page
164 of the Deed Records of Brazos County,Texas,and an unplatted portion of West Park Addition,according to the plat
recorded in Volume 102,Page 198 of the Deed Records of Brazos County,Texas,and being more particularly described as
follows:
COMMENCING at a 1/2 inch iron rod found on the southwest line of Montclair Avenue(50'R.O.W.)marking the north
corner of a called 0.703 acre tract as described by a Deed to Southgate II recorded in Volume 2643,Page 321,of the Official
Public Records of Brazos County,Texas,for reference a 1/2 inch iron rod found marking an interior north corner of said
0.703 acre tract bears: S 40 degrees 28' 50" W for a distance of 158.10 feet;
THENCE: N 47 degrees 51'39"W along the southwest line of Montclair Avenue for a distance of 59.95 feet to a point
marking the point of beginning of this herein described tract;
THENCE: S 40 degrees 28'50"W through said Block 1 for a distance of 75.00 feet to a point marking the south corner of this
herein described tract;
THENCE: N 49 degrees 31' 10"W continuing through said Block 1 for a distance of 20.00 feet to a point marking the west
corner of this herein described tract;
THENCE:N 40 degrees 28'50" E continuing through said Block 1 for a distance of 75.58 feet to a point on the Southwest line
of Montclair Avenue marking the north corner of this herein described tract,for reference a 1/2 inch iron rod found marking
the east corner of a called 0.495 acre tract as described by a Deed to Rothco Investors,Ltd.,recorded in Volume 3242,Page
130,of the Official Public Records of Brazos County,Texas,bears: N 47 degrees 51'39" W for a distance of 242.32 feet;
THENCE: S 47 degrees 51'39"E along the southwest line of Montclair Avenue for a distance of 20.00 feet to the POINT OF
BEGINNING containing 0.035 of an acre(1506 square feet)of land,more or less.
NOTE: The Company is prohibited from insuring the area or quantity of the land described herein.Any statement in the
above legal description of the area or quantity of land is not a representation that such area or quantity is correct,but is made
only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof.
COMMITMENT FOR TITLE INSURANCE
Issued By
Alliant National Title Insurance Company
SCHEDULE B
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorneys' fees, and expenses
resulting from:
1. The following iestictive eoveuanls of-record iteiniced'beluw-Me-rrrust either-ins-eft-specify â–ºecurding data-Or delete-this
exception).
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions,or any overlapping
of improvements.
3. Homestead or community property or survivorship rights, if any,of any spouse of any insured. (Applies to the Owner's Policy
only.)
4. Any titles or rights asserted by anyone, including,but not limited to,persons,the public, corporations, governments or other
entities,
a. to tidelands,or lands comprising the shores or beds of navigable or perennial rivers and streams,lakes,bays,gulfs or
oceans,or
b. to lands beyond the line of harbor or bulkhead lines as established or changed by any government,or
c. to filled-in lands,or artificial islands,or
d. to statutory water rights,including riparian rights,or
e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or
easement along and across that area.
(Applies to the Owner's Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for the year 2013, and subsequent years; and subsequent taxes
and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or
assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas
Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short Form Residential Loan Policy
(T-2R)is issued,that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of"for the
year and subsequent years.")
6. The terms and conditions of the documents creating your interest in the land.
7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien
document described in Schedule A,if the land is part of the homestead of the owner. (Applies to the Loan Title Policy Binder
on Interim Construction Loan only,and may be deleted if satisfactory evidence is furnished to us before a binder is issued.)
8. Liens and leases that affect the title to the land,but that are subordinate to the lien of the insured mortgage. (Applies to Loan
Policy(T-2)only.)
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Loan Policy (T-
2R). (Applies to Texas Short Form Residential Loan Policy(T-2R)only. Separate exceptions 1 through 8 of this Schedule B
FORM T-7: Commitment for Title Insurance
Continuation of Schedule B GF No. 133714
do not apply to the Texas Short Form Residential Loan Policy(T-2R).
10. The following matters and all terms of the documents creating or offering evidence of the matters(We must insert matters or
delete this exception.):
a. Rights of Parties in Possession. (OWNER POLICY ONLY)
b. 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 interest that are not listed.
c. 25' building line on the northeast side; 7.5' building line on the southeast and northwest sides;20' building
line on the southwest side;20'private access easement(10' on property)on the northeast corner;aerial
electric line on the northwest corner; aerial electric line on the northeast side running to the house;as shown
on survey prepared on July 30,2009,under the supervision of Brad Kerr,R.P.L.S.#4502.
d. Any claim or right of adjoining property owner(s)to that strip of land lying between the fence and the
boundary line on the southwest and southeast sides of the property,as shown on survey prepared July 30,
2009,under the supervision of Brad Kerr,R.P.L.S.#4502. (OWNER POLICY ONLY)
e. An existing tin building protrudes onto subject property on the southeast side,as shown on survey prepared
on July 30,2009,under the supervision of Brad Kerr,R.P.L.S.#4502.
f. Rights of third parties to use and benefit of Tract Two access easement,as set out in Deed recorded in Volume
4428,Page 305,Official Records,Brazos County,Texas. (Tract Two)
g. Mineral Deed:
By: John Robert Hunt
To: Kathryne C.Pratt,et al
Dated: December 21,2001
Recorded: Volume 4428,Page 318,Official Records,Brazos County,Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
h. Mineral Reservation in Deed:
By: John Robert Hunt,et al
To: Kathryne C.Pratt,et al
Dated: December 20,2001
Recorded: Volume 4428,Page 305,Official Records,Brazos County,Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
i. Mineral Reservation in Deed:
By: Robin Ellen Brinkley,et al
To: Brinkley Investment,Ltd.
Dated: March 14,2002
Recorded: Volume 4534,Page 139,Official Records,Brazos County,Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
j. Oil and Gas Lease,and all terms,conditions and stipulations therein:
Lessor: Mrs.R.L.Hunt,Sr.
Lessee: Robin Investments,Inc.
Dated: January 31, 1984
Recorded: Volume 649,Page 846,Official Records,Brazos County,Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument.
FORM T-7: Commitment for Title Insurance
GF No.: 144711
Examiner: Dawn Gibbs
Effective Date: November 2, 2014
NOTHING FURTHER CERTIFICATE
STATE OF TEXAS
COUNTY OF BRAZOS
THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos
County,Texas as they are reflected in the geographically indexed title plant of University Title
Company as to the following property, to-wit:
Tract One: Fee Simple
Metes and bounds description of all that certain tract or parcel of land lying and being
situated in the J. E. Scott League,Abstract No. 50, College Station, Brazos County,Texas.
Said tract being a portion of Block 1, survey for Chas.J. Gorzycki, according to the plat
recorded in Volume 62,Page 164 of the Deed Records of Brazos County,Texas and an
unplatted portion of West Park Addition, according to the plat recorded in Volume 102,
Page 198 of the Deed 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 southwest line of Montclair Avenue
(50' R.O.W.)marking the north corner of a called 0.703 acre tract as described by a Deed
to Southgate II recorded in Volume 2643,Page 321,of the Official Public Records of
Brazos County,Texas,for reference a 1/2 inch iron rod found marking an interior north
corner of said 0.703 acre tract bears: S 40 degrees 28' 50" W for a distance of 158.10 feet;
THENCE: N 47 degrees 51'39" W along the southwest line of Montclair Avenue for a
distance of 69.95 feet to a 5/8 inch iron rod set marking the POINT OF BEGINNING of
this herein described tract;
THENCE: S 40 degrees 28' 50" W through said Block 1 (62/164) for a distance of 156.86
feet to a 5/8 inch iron rod set marking an exterior north corner of said 0.703 acre tract;
THENCE: S 43 degrees 20' 25" W along the northwest line of said 0.703 acre tract for a
distance of 115.01 feet to a 1/2 inch iron rod found of the Northeast line of a 15.00 foot wide
alley marking the west corner of said 0.703 acre tract and the most southerly corner of this
herein described tract,for reference a 1/2 inch iron rod found on the northwest line of
Grove Street(50' R.O.W.) marking the south corner of said 0.703 acre tract same being
called the south corner of said Block 1 (62/164), Bears: S 47 degrees 57' 45" E for a
distance of 155.89 feet;
THENCE: N 47 degrees 21' 23" W along the northeast line of said alley for a distance of
251.99 feet to a 1/2 inch iron rod found marking the south corner of a called 0.495 acre
tract as described a Deed to Rothco Investors,Ltd., recorded in Volume 3242,Page 130,of
the Official Public Records of Brazos County, Texas;
THENCE: N 41 degrees 36' 51" E along the southeast line of said 0.495 acre tract for a
distance of 269.57 feet to a 1/2 iron rod found on the southwest line of Montclair Avenue
marking the east corner of said 0.495 acre tract;
THENCE: S 47 degrees 51' 39" E along the southwest line of Montclair Avenue for a
distance of 252.32 feet to the POINT OF BEGINNING,containing 1.58 acres of land, more
or less.
Tract Two: Easement
All that certain tract or parcel of land lying and being situated in the J. E. Scott League,
Abstract No. 50, College Station,Texas. Said tract being a portion of Block 1, survey for
Chas.J. Gorzycki, according to the plat recorded in Volume 62,Page 164 of the Deed
Records of Brazos County,Texas,and an unplatted portion of West Park Addition,
according to the plat recorded in Volume 102,Page 198 of the Deed Records of Brazos
County, Texas, and being more particularly described as follows:
COMMENCING at a 1/2 inch iron rod found on the southwest line of Montclair Avenue
(50' R.O.W.)marking the north corner of a called 0.703 acre tract as described by a Deed
to Southgate II recorded in Volume 2643,Page 321,of the Official Public Records of
Brazos County,Texas,for reference a 1/2 inch iron rod found marking an interior north
corner of said 0.703 acre tract bears: S 40 degrees 28' 50" W for a distance of 158.10 feet;
THENCE: N 47 degrees 51' 39" W along the southwest line of Montclair Avenue for a
distance of 59.95 feet to a point marking the point of beginning of this herein described
tract;
THENCE: S 40 degrees 28' 50" W through said Block 1 for a distance of 75.00 feet to a
point marking the south corner of this herein described tract;
THENCE: N 49 degrees 31' 10" W continuing through said Block 1 for a distance of 20.00
feet to a point marking the west corner of this herein described tract;
THENCE: N 40 degrees 28' 50" E continuing through said Block 1 for a distance of 75.58
feet to a point on the Southwest line of Montclair Avenue marking the north corner of this
herein described tract,for reference a 1/2 inch iron rod found marking the east corner of a
called 0.495 acre tract as described by a Deed to Rothco Investors,Ltd.,recorded in
Volume 3242,Page 130,of the Official Public Records of Brazos County,Texas, bears: N
47 degrees 51' 39" W for a distance of 242.32 feet;
L L
THENCE: S 47 degrees 51'39" E along the southwest line of Montclair Avenue for a
distance of 20.00 feet to the POINT OF BEGINNING containing 0.035 of an acre(1506
square feet) of land,more or less.
NOTE: The Company is prohibited from insuring the area or quantity of the land
described herein.Any statement in the above legal description of the area or quantity of
land is not a representation that such area or quantity is correct,but is made only for
informational and/or identification purposes.
And that our records reflect that the following is a true and correct list of documents affecting
title to the real property described supra between the dates of September 4, 2013 and November
2,2014:
Special Warranty Deed with Vendor's Lien:
Grantor: Richard Lemons, et ux
Grantee: Guseman 2 Group,LLC
Dated: September 3, 2013
Recorded: Volume 11591,Page 250,Official Records,Brazos County,Texas.
Deed of Trust to secure a Note:
Grantor: Guseman 2 Group, LLC
Trustee: O. E. Elmore
Beneficiary: Patricia K. Guseman
Amount: $302,918.83
Dated: September 3,2013
Recorded: Volume 11591,Page 254, Official Records,Brazos County,Texas.
This certificate is issued with the express understanding, evidenced by the acceptance of same
that the undersigned does not undertake to give or express any opinion as to the validity of the
title to the property above,but is simply reporting briefly herein as to the instruments listed
above found of record pertaining to said property,and it is expressly understood and agreed that
this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it
is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taxes, tax suits,
special assessments or conflicts.
University Title Company
By: _