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Home My WebLink AboutTitle Report 4. 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. BC1402937 Title Report Prepared 10/21/2014 for Vicki Hillert "Experience Matters" aP( IA .> 'm 'w*: Brazos County Abstract Company "More Than 140 Years of Title Service" TITLE REPORT Effective Date: October 20, 2014 at 8:00 am GF NO: BC1402937 LEGAL DESCRIPTION: Metes and bounds description of all that certain tract or parcel of land lying and being situated in the ROBERT STEVENSON LEAGUE, ABSTRACT NO. 54, College Station, Brazos County, Texas. Said tract being a portion of the remainder of a called 202.655 acre tract as described by a deed to Dos Dorado Development, LLC recorded in Volume 9656, page 213 of the Official Public Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: BEGINNING at a %2 inch iron rod found on the northeast line of the remainder of a called 101.322 acre tract described as exhibit "b" by a deed to Esther Jane Grant Mcdougal recorded in Volume 4027, page 29 of the Official Public Records of Brazos County,Texas,marking the south corner of Castlegate II Subdivision, Section 205, according to the plat recorded in Volume 12241, page 68 of the Official Public Records of Brazos County, Texas, said iron rod found marking a west corner of said remainder of 202.655 acre tract, for reference a 1/2 inch iron rod found marking the northwest corner of said remainder of 202.655 acre tract and the north corner of said remainder of 101.322 acre tract bears: N 48° 03' 24" W for a distance of 2760.55 feet; THENCE: N 41° 56' 29" E along the common line of said remainder of 202.655 acre tract and said section 205 for a distance of 714.28 feet to the northeast line of Etonbury Avenue (77' R.O.W.); THENCE: through said 202.655 acre tract and along the future northeast line of Etonbury Avenue for the following calls: S 48° 03' 31" E for a distance of 410.50 feet to the beginning of a counterclockwise curve having a radius of 25.00 feet; Along said curve through a central angle of 90° 00' 00" for an arc distance of 39.27 feet (chord bears: N 86° 56' 29" E - 35.36 feet) to the end of said curve; S 48° 03' 31" E for a distance of 50.00 feet to the beginning of a counterclockwise curve having a radius of 25.00 feet; Along said curve through a central angle of 90° 00' 00" for an arc distance of 39.27 feet(chord bears: S 03° 03' 31" E - 35.36 feet) to the end of said curve; S 48° 03' 31" E for a distance of 258.92 feet to the beginning of a counterclockwise curve having a radius of 536.50 feet; Along said curve through a central angle of 04° 58' 12" for an arc distance of 46.54 feet(chord bears: S 50° 32' 37" E - 46.52 feet) to the end of said curve; S 53° 01'43" E for a distance of 480.91 feet; THENCE: N 41° 56' 29" E continuing through said remainder of 202.655 acre tract for a distance of 27.33 feet to the west corner of common area "a", Castlegate II Subdivision, Section 202, according to the plat recorded in Volume 11610, page 134 of the Official Public Records of Brazos County, Texas; THENCE: S 48° 03' 31" E along the common line of said common area "a" and said remainder of 202.655 acre tract for a distance of 111.39 feet to the southeast line of said 202.655 acre tract lying within the apparent right-of-way of Greens Prairie Road (variable width R.O.W.); THENCE: S 41° 55' 52" W along the southeast line of said 202.655 acre tract and through Greens Prairie Road for a distance of 769.65 feet to the south corner of said 202.655 acre tract; THENCE: N 48° 21' 09" W along the southwest line of said 202.655 acre tract, at 39.39 feet pass the southeast corner of Lot 1, Sweetwater Forest, Phase One, according to the plat recorded in Volume 4267, page 254 of the Official Public Records of Brazos County, Texas, continue on for a total distance of 158.04 feet; THENCE: along the common line of said remainder of 202.655 acre tract and Sweetwater Forest, Phase One, for the following calls: N 56° 19' 49" E for a distance of 85.94 feet; N 24° 48' 53" W for a distance of 49.81 feet; N 67° 01'46" W for a distance of 65.96 feet; S 50° 32'25" W for a distance of 60.05 feet; N 52° 33' 01" W for a distance of 90.43 feet; N 31° 31' 00" E for a distance of 78.55feet; N 52° 41' 45" E for a distance of 53.92 feet; N 04° 33'48" W for a distance of 27.74 feet; N 64° 22' 35" W for a distance of 58.62 feet; S 64° 50' 10" W for a distance of 89.41 feet; N 59° 39' 33" W for a distance of 92.34 feet; S 72° 09' 01" W for a distance of 54.75 feet; N 56° 06' 26" W for a distance of 85.10 feet; S 33° 33' 04" W for a distance of 54.03 feet; N 88° 06' 49" W for a distance of 84.93 feet; N 58° 52' 50" W for a distance of 135.41 feet; S 66° 38' 21" W for a distance of 76.07 feet; N 34° 47' 57" W for a distance of 50.12feet; N 23° 42' 35" E for a distance of 24.18 feet; N 81° 57' 29" W for a distance of 125.57 feet; S 10° 37'48" E for a distance of 41.67 feet; S 80° 46'49" W for a distance of 36.76 feet; N 41° 06' 28" W for a distance of 41.21 feet; N 00° 33' 10" E for a distance of 33.24 feet to the south corner of the aforementioned remainder of 101.322 acre tract; THENCE: along the common line of said remainder of 202.655 acre tract and said remainder of 101.322 acre tract for the following calls: N 13° 02' 31" E for a distance of 296.67 feet to a 1/2 inch iron rod found; N 48° 03' 24" W for a distance of 166.28 feet to the POINT OF BEGINNING containing 24.693 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 and does not override item 2 of Schedule B hereof. TITLE APPEARS TO BE VESTED IN: Dos Dorado Development, LLC d/b/a 3-D Development By Deed from Diebel Family Partnes, Ltd., dated June 1, 2010,recorded in Volume 9656, page 213 and corrected in Volume 9735,page 105, Official Records of Brazos County, Texas. SUBJECT TO: LIENS: Deed of Trust dated June 1,2010, executed by Dos Dorado Development, LLC d/b/a 3-D Development to J. Davis Watson, Trustee, securing one note of even date payable to Diebel Family Partners, Ltd., in the principal amount of$5,327,272.00,recorded in Volume 9656,page 220, Official Records of Brazos County, Texas. (affects 202.655 acres) ABSTRACTS OF JUDGMENTS/FEDERAL AND/OR STATE LIENS: None of Record EASEMENTS: Easement from W. I. McCulloch to City of Bryan, Texas, dated May 12, 1937, recorded in Volume 98,page 179, Deed Records of Brazos County, Texas. Easement from Esther Dansby et al to Seminole Pipeline Company, dated December 11, 1981, recorded in Volume 505,page 776,Deed Records of Brazos County,Texas. Easement from Mrs. Esther McCulloch Dansby to City of Bryan, Texas, dated March 16, 1983, recorded in Volume 566,page 489, Deed Records of Brazos County, Texas. Revised Easement & Right of Way Underground Conduit from Esther Jane Grant McDougal et al to General Telephone Company of the Southwest, dated February 27, 1985, recorded in Volume 771,page 12, Official Records of Brazos County, Texas. Right of Way Easement from Esther Jane Grant McDougal et al to City of Bryan, dated January 11, 1993, recorded in Volume 1697, page 170, Official Records of Brazos County, Texas. Temporary Blanket Utility Easement from Dos Dorado Development, LLC d/b/a 3-D Development to City of College Station, Texas, dated October 19, 2011, recorded in Volume 10392,page 276, Official Records of Brazos County, Texas. Public Utility Easement from Dos Dorado, LLC d/b/a 3-D Development to City of College Station, Texas, dated April 4,2014,recorded in Volume 11948,page 276, Official Records of Brazos County, Texas. OUTSTANDING MINERALS AND/OR ROYALTIES: Mineral reservation in Deed from Esther Jane Grant McDougal to Pauline Grant Diebel, dated September 30, 1993, recorded in Volume 1934, page 157, Official 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 Esther Jane Grant McDougal to Diebel Family Partners, Ltd., dated April 17, 2000, recorded in Volume 4027, page 29, Official 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 Diebel Family Partners, Ltd. to Dos Dorado Development, LLC dba 3-D Development,dated June 1, 2010,recorded in Volume 9656,page 213 and corrected in Volume 9735,page 105, Official Records of Brazos County,Texas. Title to this reservation has not been traced subsequent to the date of the above-cited instrument. OIL & GAS LEASES: Estate created by Memorandum of Oil and Gas Lease from Esther Jane Grant McDougal, et al to The Williams Partnership, dated November 13, 1990,recorded in Volume 1231,page 532, 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 Diebel Family Partners, Ltd., et al to EOG Resources, Inc., dated December 21,2012,recorded in Volume 11175,pages 141 and 143, 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: None of Record TAXES/ASSESSMENTS: NONE REQUESTED MISCELLANEOUS: Terms and conditions contained in Waiver of Use of Surface Rights executed by Pauline Grant Diebel, recorded in Volume 2106,page 99, Official Records of Brazos County, Texas. Terms and conditions contained in Waiver of Surface Rights executed by Diebel Family Partners, Ltd., et al, recorded in Volume 9656,pages 203 and 208, 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 Vicki Hiller t.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 6f,ntp BY: