HomeMy WebLinkAboutTitle Insurance OWNER'S POLICY OF TITLE INSURANCE
Issued by
Title Resources Guaranty Company
SCHEDULE A
Name and Address of Title Insurance Company:
TITLE RESOURCES GUARANTY COMPANY
8111 LBJ Freeway,Suite 1200,Dallas,Texas 75251
File No.: 142015 Policy No.: 39-RO-142015
Address for Reference only: 2317 Texas Avenue South A,College Station,TX 77840
Amount of Insurance: $280,000.00 Premium: $1,872.00
Date of Policy: August 1,2014,at 3:09 pm
1. Name of Insured: LZV Properties,LLC
2. The estate or interest in the Land that is insured by this policy is: Tract One and Two: Fee Simple
Tract Three: Private Access Easement
3. Title is insured as vested in: LZV Properties,LLC
4. The Land referred to in this policy is described as follows:
SEE ATTACHED EXHIBIT "A"
per rgai4 F' ?(,{e.rla` P H 3-6-
FORM T-1: Owner's Policy of Title Insurance Page 1
Continuation of Schedule A Policy No. 39-RO-142015
EXHIBIT "A"
Tract One: Fee Simple
All that certain tract or parcel of land lying and being situated in the Morgan Rector League,Abstract No.46,College Station,
Brazos County,Texas.Said tract being the same tract of land called 0.75 acres as described by a Deed to Betty Lou
Thibodeaux recorded in Volume 3469,Page 110 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 a called 3.46 acre tract as described by a Deed to Charles
R.Farrar,Sr.,and Lucy H.Farrar,recorded in Volume 2312,Page 227 of the Official Public Records of Brazos County,
Texas,said iron rod found marking the common corner of Lot 1B and Lot 2,Block 1,Kirkpatrick Subdivision according to the
plat recorded in Volume 729,Page 771 of the Official Records of Brazos County,Texas;
THENCE:N 48°03'47" W along the common line of said Lot 1B and Lot 2 for a distance of 40.00 feet to a 5/8 inch iron rod
found on the Northwest line of a 40 foot wide utility and access easement as described in Volume 488,Page 519 of the Deed
records of Brazos County,Texas,for reference a 3/8 inch iron rod found on the Southeast line of KFO Addition,Phase II,
marking the common corner of said Lot I B and Lot 2 Bears: N 48°03' 57" W for a distance of 194.58 feet;
THENCE:N 41°48' 05"E through said Lot 2 and along the Northwest line of said 40 foot wide easement for a distance of
87.92 feet to a 1/2 inch rod found on the Northeast line of said Lot 2;
THENCE: N 48°01' 19"W along the Northeast line of said Lot 2 for a distance of 194.80 feet to a 1/2 inch iron pipe found on
the Southwest line of said KFO Addition,Phase II,marking the North corner of said Lot 2 and the Northwest corner of said
0.75 acre tract;
THENCE: N 42° 16'06" E along the common line of said 0.75 acre tract and KFO Addition,Phase II,for a distance of 119.48
feet to a 1/2 inch iron rod found marking the North corner of said 0.75 acre tract;
THENCE: S 50°16'31" E along the common line of said 0.75 acre tract and a tract of land now or formerly belonging to Lois
Kirkpatrick for a distance of 235.39 feet to a 1/2 inch iron rod found marking the East corner of said 0.75 acre tract;
THENCE: S 43°00'42" W along the common line of said 0.75 acre tract and a tract of land now or formerly belonging to
Gerald W.Farrar for a distance of 56.51 feet to a 3/8 inch iron rod found marking the North corner of the aforementioned
3.46 acre tract;
THENCE: S 41°52'42" W along the common line of said 0.75 acre tract and said 3.46 acre tract for a distance of 160.13 feet
to the POINT OF BEGINNING containing 0.752 of an acre of land more or less.
Tract Two: Fee Simple
All that certain tract or parcel of land lying and being situated in the Morgan Rector League,Abstract No.46,College Station,
Brazos County,Texas.Said Tract being a portion of Lot 2,Block 1,Kirkpatrick Subdivision,according to the Plat recorded in
Volume 729,Page 771 of the Official Records of Brazos County,Texas,and being the same tract of land called 0.36 acres as
described by a Deed to Betty Lou Thibodeaux recorded in Volume 35469,Page 110 of the Official Public Records of Brazos
County,Texas.
Said Tract being more particularly described by metes and bounds as follows:
BEGINNING: at a 3/8 inch iron rod found on the Southeast line of KFO Addition,Phase II,marking the common corner of
said Lot 2 and Lot 1B,Block 1,Kirkpatrick Subdivision;
THENCE: N 41°39'31"E along the common line of said Lot 2 and KFO Addition,Phase II,for a distance of 88.07 feet to a
1/2 inch iron pipe found marking the North corner of said Lot 2 and the Northwest corner of a called 0.75 acre tract as
described by a Deed to Betty Lou Thibodeaux recorded in Volume 3469,Page 110 of the Official Public Records of Brazos
County,Texas;
Ff1RM T_1• fl ,nar'c Pnliry of Titles Incnranra Paaa 7
Continuation of Schedule A Policy No. 39-RO-142015
THENCE: S 48°01' 19" E along the common line of said Lot 2 and said 0.75 acre tract for a distance of 194.80 feet to a 1/2
inch iron rod found marking an interior West corner of said 0.75 acre tract;
THENCE: S 41°48'05" W through said Lot 2 and along a Northwest line of said 0.75 acre tract for a distance of 87.92 feet to
a 5/8 inch iron rod found on the common line of said Lot 2 and Lot 1B,for reference a 1/2 inch iron rod found marking the
common corner of said Lot 2 and Lot 1B Bears: S 48°E 03' 57"W for a distance of 40.00 feet;
THENCE: N 48°03' 57" W along the common line of said Lot 2 and Lot 1B for a distance of 194.58 feet to the POINT OF
BEGINNING containing 0.393 of an acre of land more or less.
Tract Three: Private Access Easement
24'wide private access easement as shown on the Kirkpatrick Subdivision Plat recorded in Volume 729,Page 771 of the
Official records of Brazos County,Texas
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 and does not override Item 2 of Schedule B hereof.
Ines.,,..T Page 3
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Title Resources Guaranty Company
SCHEDULE B
File No.: 142015 Policy No.: 39-RO-142015
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)that arise by
reason of the terms and conditions of leases and easements,if any,shown in Schedule A,and the following matters:
1.
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.
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 right of access to that area or
easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 2014, 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.
6. The following matters and all terms of the documents creating or offering evidence of the matters(The Company must insert
matters or delete this exception.):
a. Rights of Parties in Possession.
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'setback along the southeast and northwest sides; 7.5' setback along the northeast and southwest sides; 24'
private access easement and a 40'utility and access easement along the portion of the tract southeast of Tract
Two as set out on plat recorded in Volume 729,Page 771,Official Records,Brazos County,Texas as shown
on survey prepared on December 3,2003,under the supervision of Brad Kerr,R.P.L.S.#4502. (Tract One)
d. 25'setback line along the southeast side,7.5'setback along the southwest and northeast sides; 25' setback and
5'electrical easement along the northwest side; aerial electric lines extending from the north corner to the
wood/brick building and metal building and along the southwest side as set out on plat recorded in Volume
729,Page 771,Official Records,Brazos County,Texas as shown on survey prepared on December 3,2003,
under the supervision of Brad Kerr,R.P.L.S.#4502.(Tract Two)
FORM T-1: Owner's Policy of Title Insurance Page 4
Continuation of Schedule B Policy No. 39-RO-142015
e. Encroachment of existing portable wood and metal buildings into the setback on the northwest side(s)of the
property,as shown on survey prepared on December 3,2003,under the supervision of Brad Kerr,R.P.L.S.
#4502. (Tract One)
f. Encroachment of metal building into the setback on the northwest side(s)of the property,as shown on survey
prepared on December 3,2003,under the supervision of Brad Kerr,R.P.L.S.#4502. (Tract Two)
g. Any claim or right of adjoining property owner(s)to that strip of land lying between the fence and the
boundary line on the northeast sides(Tract One),northwest side(Tracts One and Two); southwest side
(Tract Two)of the property,as shown on survey prepared on December 3,2003,under the supervision of
Brad Kerr,R.P.L.S.#4502.
h. Lack of a right of access to and from the land. Covered Risks number 4 is hereby deleted.(Tract 2)
i. Rights of others in and to the use of the private access easement as reflected on Schedule A.(Tract One and
Three)
j. Easements as set out on plat recorded in Volume 729,Page 771,Official Records,Brazos County,Texas.
(Tract Three)
k. Easement:
From: L.J.Kirkpatrick,et ux
To: Gerald Farrar,et al
Dated: July 14, 1981
Recorded: Volume 488,Page 519,Deed Records,Brazos County,Texas as shown and noted on survey
prepared on December 3,2003,under the supervision of Brad Kerr,R.P.L.S.#4502. (Tracts One,Two and
Three)
1. Easement:
From: Joe M.Boriskie,et ux
To: City of Bryan
Dated: April 13, 1937
Recorded: Volume 98,Page 216,Deed Records,Brazos County,Texas as noted on survey prepared on
December 3,2003,under the supervision of Brad Kerr,R.P.L.S.#4502. (Tracts One,Two and Three)
m. Easement:
From: V.J.Boriskie
To: Humble Pipeline Co.
Dated: July 21, 1919
Recorded: Volume 49,Page 33,Deed Records,Brazos County,Texas as noted on survey prepared on
December 3,2003,under the supervision of Brad Kerr,R.P.L.S.#4502.
Modified by Encroachment Agreement:
Dated: February 24, 1982
Recorded: Volume 513,Page 156,Deed Records,Brazos County,Texas. (Tracts One,Two and Three)
n. Easement:
From: J.M.Boriskie
To: Humble PIpeline Co.
Dated: July 19, 1919
Recorded: Volume 49,Page 18,Deed Records,Brazos County,Texas as noted on survey prepared on
December 3,2003,under the supervision of Brad Kerr,R.P.L.S.#4502.
Modified by Encroachment Agreement:
Dated: February 24, 1982
Recorded: Volume 513,Page 156,Deed Records,Brazos County,Texas. (Tracts One,Two and Three)
o. Reciprocal Access and Drainage Agreement:
Between: The First National Bank Of Bryan and H&B Investments,LP
F(lRM T-1. owner's Policy of Title Insurance Page 5
Continuation of Schedule B Policy No. 39-RO-142015
Dated: June 15,2006
Recorded: Volume 7597,Page 233,Official Records,Brazos County,Texas.(Tract Three)
P. Terms,Conditions,and Stipulations in the Agreement by and between:
Parties: Wilburn Lewis Kirkpatrick,Trustee of the Testamentary Trust et al. and H&B Investments,LP
Dated: Ausust 20,2002
Recorded: Volume 4832,Page 230,Official Records,Brazos County,Texas.(Tract Three)
q. Mineral Reservation in Deed:
By: Lewis J.Kirkpatrick,et ux
To: Carrell G.Kirkpatrick,et ux
Dated: October 23, 1984
Recorded: Volume 745,Page 14,Official Records,Brazos County,Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument. (Tract 2)
r. Mineral Reservation in Deed:
By: Carrell Kirkpatrick,et ux
To: Betty Lou Kirkpatrick Thibodeaux
Dated: October 17, 1990
Recorded: Volume 1216,Page 380,Official Records,Brazos County,Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument. (Tract 2)
s. Mineral Reservation in Deed:
By: Lewis Kirkpatrick Sr.et ux
To: Ronald Cuse,Trustee
Dated: November 30, 1984
Recorded: Volume 745,Page 20,Official Records,Brazos County,Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument.(Tract Three)
t. Mineral Reservation in Deed:
By: Ronald Cruse,Trustee
To: Group Five Joint Venture
Dated: May 31, 1985
Recorded: Volume 794,Page 697,Official Records,Brazos County,Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument.(Tract Three)
u. Oil and Gas Lease,and all terms,conditions and stipulations therein:
Lessor: Carrell Kirkpatrick
Lessee: Inco Oil Company,Inc.
Dated: February 7, 1992
Recorded: Volume 1480,Page 208,Official Records,Brazos County,Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument. (Tracts One and Two)
v. Oil and Gas Lease, and all terms,conditions and stipulations therein:
Lessor: Carrell Kirkpatrick,et ux
Lessee: Inco Oil Company,Inc.
Dated: February 10, 1992
Recorded:Volume 1480,Page 213,Official Records,Brazos County,Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument.(Tracts One and Two)
w. Oil and Gas Lease,and all terms,conditions and stipulations therein:
Lessor: Estate of Lois Kirkpatrick
Lessee: Inco Oil Company,Inc.
Dated: March 27, 1992
Recorded: Volume 1488,Page 199,Official Records,Brazos County,Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument. (Tracts One,Two and Three)
FORM T-1. Owner's Policy of Title Insurance Page 6
Continuation of Schedule B Policy No. 39-RO-142015
Countersigned
Universi Title Company
By I, Uavrm-J
Authorized Counter Signature
r^.,.,, r ,- ^-_ 11_12__._sT!4.1..7...... Page 7