HomeMy WebLinkAboutTitle Report Brazos aunty Abstract ompany
"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. BC1402094
Title Report Prepared 5/15/2014
for
Schultz Engineering, LLC
Joe Schultz, P.E.
2730 Longmire, Suite A
College Station, Texas 77845
"Experience Mailers"
razos County Abstract Company
"More Than 140 Years of Title Service"
TITLE REPORT
Effective Date: May 14, 2014 at 8:00 am
GF NO: BC 1402094
LEGAL DESCRIPTION:
TRACT ONE
All that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas,
situated in the THOMAS CARUTHERS SURVEY, Abstract No. 9, containing 38.906 acres,
more or less, and being all of a called 39.44 acre tract described as Tract One in a Deed to Joe
&Janet Johnson Land &Investments, LP, dated February 1,2007,recorded in Volume 7803,
page 244, Official Records of Brazos County,Texas, SAVE& EXCEPT 0.318 acre described
as Tract One in a Deed to City of College Station, Texas, dated January 14, 2014, recorded in
Volume 11804,page 1, Official Records of Brazos County, Texas, FURTHER SAVE &
EXCEPT 0.216 acre described in Deed to James Todd Carll, dated October 18, 2007,
recorded in Volume 8317,page 66, Official Records of Brazos County, Texas, said tracts
being more particularly described by metes and bounds as follows:
All that certain 39.44 acre lot, tract or parcel of land lying and being situated in the THOMAS
CARUTHERS SURVEY, Abstract No. 9, College Station, Brazos County, Texas, and being
part of the 50 acre tract described in the deed from Lily Caroline Watson and her husband L.
J. Watson to James Todd Carll, recorded in Volume 252,page 439, Deed Records of Brazos
County, Texas, said 39.44 acres being more particularly described as follows:
BEGINNING at a 1/2" iron rod set in the common line between the beforementioned 50 acre
tract and the 75 acre tract described in the deed to James T. Carll, recorded in Volume 252,
page 434, Deed Records of Brazos County, Texas, said 1/2" iron rod being in the northeast
line of Rock Prairie Road, approximately 35 feet from the centerline of same;
THENCE along the northeast line of Rock Prairie Road, as follows:
N 66° 42' 24" W for a distance of 4.84 feet to a 1/2" iron rod set;
N 66° 45' 11" W for a distance of 706.65 feet to a 1/2" iron rod set in the southeast line of a 10
acre tract described in the deed to James T. Carll, recorded in Volume 2348,page 325,
Official Records of Brazos County, Texas, a 4" creosote post fence corner bears S 46° 07' W.
- 5.1 feet;
THENCE along the southeast and northeast lines of the beforementioned 10 acre tract,
adjacent to a fence, as follows:
N 41° 18' 58" E for a distance of 1261.15 feet to a 1/2" iron rod set;
N 66°28' 02" W for a distance of 335.08 feet to a 1/2" iron rod set in the common line
between the beforementioned Carll - 50 acre tract and the 50 acre tract described in the deed
to Lily Caroline Watson,recorded in Volume 252,page 275, Deed Records of Brazos County,
Texas, a 6" cedar post fence corner bears N 34° 34'E- 7.8 feet;
THENCE N 41° 18' 58" E along the common line between the beforementioned Carll - 50
acre tract and the Watson- 50 acre tract,adjacent to a fence, for a distance of 959.25 feet to a
6" creosote post fence corner found marking the common corner between the said 50 acre
tracts, and in the southwest line of a 403 acre-Tract One described in the deed to Arthur D.
Olden, recorded in Volume 1616,page 28, Official Records of Brazos County, Texas;
THENCE S 44° 28' 02" E along the common line between the beforementioned Carll - 50 acre
tract and the 403 acre -Tract One, adjacent to a fence, for a distance of 1115.38 feet to a 1/2"
iron rod set at the common corner between the said 50 acre tract and the 403 acre -Tract One,
said 1/2" iron rod also being in the northwest line of the beforementioned Carll - 75 acre tract;
THENCE S 45° 00' 00" W along the common line between the beforementioned 50 acre tract
and the 75 acre tract for a distance of 1819.13 feet to the PLACE OF BEGINNING,
containing 39.44 acres of land, more or less.
SAVE AND EXCEPT
All that certain lot,tract or parcel of land lying and being situated in Brazos County, Texas,
containing 0.318 acre, more or less, situated in the THOMAS CARUTHERS SURVEY,
Abstract No. 9,being a part of that 39.44 acre "Tract One" conveyed to Joe&Janet Johnson
Land&Investments,LP by deed recorded in Volume 7803, page 244, Official Records of
Brazos County, Texas,being a strip of land along the southwest side of the said Johnson tract
and being more particularly described as follows:
BEGINNING at a 1/2" iron rod with a plastic cap stamped "S.M. Kling RPLS 2003" found at
the west corner of the said Johnson 39.44 acre tract, in the southeast line of that 10.00 acre
tract conveyed to James Todd Carll by deed recorded in Volume 2348,page 325, Official
Records of Brazos County, Texas;
THENCE N 38° 07' 55" E- 20.81 feet, along the line between the said Johnson 39.44 acre
tract and the said Carll 10.00 acre tract,to a 1/2" iron rod with an orange plastic cap stamped
"H.P. Mayo RPLS 5045" set at the north corner of this tract;
THENCE S 69° 53' 32" E- 711.00 feet,through the said Johnson 39.44 acre tract, to the east
corner of this tract in the line between the said Johnson 39.44 acre "Tract One" and the 29.29
acre "Tract Two" conveyed to Joe &Janet Johnson Land& Investments, LP by deed recorded
in Volume 7803,page 244, Official Records of Brazos County, Texas, from where a 1/2" iron
rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set in 2007 bears N 42° 30'
26" E - 2.70 feet;
THENCE S 42° 30' 26" W-20.78 feet, along the line between the said Johnson tracts, to the
south common corner of same, from where an old cedar fence corner post in the old northeast
fenceline of Rock Prairie Road bears S 43° W - 5.9 feet, and a 1/2" iron rod stamped "S.M.
Kling RPLS 2003" bears S 69° 22' E -2.05 feet;
THENCE N 69° 52' 22" W- 2.97 feet,along the southwest line of the said 39.44 acre "Tract
One",to a 1/2" iron rod stamped "S.M. Kling RPLS 2003" found at an angle point;
THENCE N 69° 56'20" W - 706.55 feet, continuing along the southwest line of the 39.44 acre
"Tract One", to the POINT OF BEGINNING, and containing 0.318 acre of land, more or less.
FURTHER SAVE AND EXCEPT
All that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas,
containing 0.216 acre, more or less, situated in the THOMAS CARUTHERS SURVEY,
Abstract No. 9, being part of a 39.44 acre Tract One described in the deed from James T. Carll
and wife, Mary Carll to Joe and Janet Johnson Land and Investments, LP, recorded in Volume
7803,page 244, Official Records of Brazos County, Texas, said 0.216 acre more particularly
described as follows:
BEGINNING at a 1/2" iron rod found marking the west corner of the beforementioned 39.44
acre Tract One, same being the north corner of a 10.00 acre tract described in the deed to
James T. Carll recorded in Volume 2348, page 325, Official Records of Brazos County,
Texas;
THENCE N 41° 18' 58" E along the common line between the beforementioned 39.44 acre
Tract One and the 49.44 acre tract described in the deed to Dolly C. Olden recorded in
Volume 8276,page 158, Official Records of Brazos County, Texas, adjacent to a fence, for a
distance of 72.00 feet to a 1/2" iron rod set;
THENCE S 54° 06' 52" E for a distance of 170.18 feet to a 1/2" iron rod set;
THENCE S 05° 44' 33" E for a distance of 36.86 feet to a 1/2" iron rod set in the common line
between the beforementioned 39.44 acre Tract One and the 10.00 acre tract;
THENCE N 66°28' 02" W along the common line between the beforementioned 39.44 acre
Tract One and the 10.00 acre tract for a distance of 206.26 feet to the PLACE OF
BEGINNING, containing 0.216 acre of land,more or less.
TRACT TWO
All that certain lot,tract or parcel of land lying and being situated Brazos County, Texas,
situated in the THOMAS CARUTHERS SURVEY,Abstract No. 9, containing 29.18 acres of
land, more or less, and being all of that certain 29.29 acre Tract Two described in Deed from
James T. Carll,also known as James Todd Carll,and wife, Mary Carll to Joe&Janet Johnson
Land& Investments, LP,recorded in Volume 7803,page 244, Official Records of Brazos
County,Texas, SAVE&EXCEPT all that certain 3369 square feet and 1441 square feet of
land described as Tract Two in a Deed from Joe&Janet Johnson Land and Investments, LP to
City of College Station, Texas recorded in Volume 11804,page 1, Official Records of Brazos
County, Texas, said tracts being more particularly described as follows:
All that certain 29.29 acre tract or parcel of land lying and being situated in the THOMAS
CARUTHERS SURVEY,Abstract No. 9,College Station, Brazos County, Texas, and being
part of the 75 acre tract described in the deed from Mrs. Edna Carll and Lily Carll Watson and
her husband L.J. Watson to James T. Carll,recorded in Volume 252,page 434, Deed Records
of Brazos County, Texas, and said 29.29 acre tract being more particularly described as
follows:
BEGINNING at a 1/2" iron rod set in the common line between the beforementioned 75 acre
tract and the 35.37 acre tract described in the deed to Hartzell Elkins, recorded in Volume
1920,page 323, Official Records of Brazos County,Texas, said 1/2" iron rod being in the
northeast line of Rock Prairie Road, approximately 35 feet from the centerline of same, said
1/2" iron rod also being the south corner of a 70 foot wide right-of-way strip - Tract 2
described in the deed to Robert M. Stanley,recorded in Volume 3348,page 122, Official
Records of Brazos County,Texas;
THENCE N 66°42'24" W along the northeast line of the beforementioned Rock Prairie
Road, for a distance of 75.67 feet to a 1/2" iron rod set at the south corner of a 1.583 acre tract
described in the deed to Harold D. Campbell,recorded in Volume 1947,page 134, Official
Records of Brazos County, Texas;
THENCE N 44° 57'05" E along the southeast line of the following two tracts: the
beforementioned Harold Campbell - 1.583 acre tract, and the 1.917 acre-Tract 1 described in
the deed to Robert M. Stanley, recorded in Volume 3348,page 122, Official Records of
Brazos County, Texas, for a distance of 375.76 feet to a 1/2" iron rod set at the east corner of
the beforementioned 1.917 acre tract;
THENCE N 45° 02' 55" W along the northeast line of the beforementioned 1.917 acre-Tract
1 for a distance of 392.18 feet to a 1/2" iron rod found at the base of a 12" creosote post fence
corner;
THENCE along the northwest lines of the beforementioned 1.917 acre- Tract 1 and the 1.583
acre tract,adjacent to a fence,as follows:
S 45° 06'48" W for a distance of 291.69 feet to a 12" creosote post fence corner,
S 44° 53' 08" E for a distance of 127.55 feet,
S 45° 06' 48" W for a distance of 189.33 feet to a 1/2" iron rod set in the northeast line of the
beforementioned Rock Prairie Road, a 1/'2" iron rod found bears S 45° 06'48" W- 5.6 feet;
THENCE N 66°42'24" W along the northeast line of Rock Prairie Road for a distance of
172.75 feet to a 1/2" iron rod set in the common line between the beforementioned 75 acre
tract and the 50 acre tract described in the deed to Mrs. Lily Cooper Carll, recorded in Volume
252,page 439,Deed Records of Brazos County, Texas, a 6" creosote post fence corner ears S
01° 50' E- 5.1 feet;
THENCE N 45°00'00" E along the common line between the beforementioned 75 acre tract
and the following two tracts: the beforementioned Carll - 50 acre tract, and the called 403
acre-Tract One described in the deed to Arthur D. Olden, recorded in Volume 1616, page 28,
Official Records of Brazos County,Texas, at a distance of 1819.13 feet pass the common
corner between the said 50 acre tract and then 403 acre tract,continue on, for a total distance
of 3148.72 feet to a 1/2" iron rod set;
THENCE S 15° 44'36" E for a distance of 290.83 feet to a 1/2" iron rod set;
THENCE S 00° 14' 35" E for a distance of 257.08 feet to a 1/2" iron rod set;
THENCE S 45° 08'00" E for a distance of 54.30 feet to a 1/2" iron rod set in the common line
between the beforementioned 75 acre tract and the 35.37 acre tract;
THENCE S 44° 52' 00" W along the common line between the beforementioned 75 acre tract
and the 35.37 acre tract, adjacent to a fence, for a distance 2627.98 feet to the PLACE OF
BEGINNING, containing 29.29 acres of land,more or less.
SAVE AND EXCEPT
All the certain lots, tracts or parcels of land lying and being situated in the THOMAS
CARUTHERS SURVEY, Abstract No. 9, College Station,Brazos County, Texas, being parts
of that 29.29 acre "Tract Two" conveyed to Joe&Janet Johnson Land&Investments, L.P. by
deed recorded in Volume 7803,page 244, Official Records of Brazos County, Texas, being
two strips of land along the southwest side of the said Johnson tract and being more
particularly described as follows:
West Parcel
BEGINNING at the south common corner of the said Johnson 29.29 acre "Tract Two" and
that Johnson 39.44 acre "Tract One" described in Volume 7803, page 244, Official Records of
Brazos County,Texas, from where 1/2" iron rods with plastic caps stamped "S.M. Kling
RPLS 2003" were found S 69°22'E-2.05 feet and N 69° 52' W 2.97 feet, and an old cedar
fence corner post found in the old northeast fenceline of Rock Prairie Road bears S 43° W -
5.9 feet;
THENCE S 69° 52'22" E - 175.17 feet,along the southwest line of the said 29.29 acre "Tract
Two" to the south corner of this tract in the northwest line of that 1.583 acre tract conveyed to
Robert M. Stanley and wife, Jean S. Stanley by deed recorded in Volume 1947, page 122,
Official Records of Brazos County, Texas, from where a 1/2" iron rod with a plastic cap
stamped "S.M. Kling RPLS 2003" was found N 69° 52'W - 0.46 feet, and a 1/2" iron rod
found (bent)at the southwest corner of the said Stanley tract bears S 42° W- 5.8 feet;
THENCE N 41° 50' 39" E -20.75 feet, along a line between the said "Tract Two" and the said
Stanley tract,to the east corner of this tract from where a 1/2" iron rod with an orange plastic
cap stamped "H.P. Mayo RPLS 5045" set in 2007 bears N 41° 50'39" E -2.69 feet;
THENCE N 69° 53' 32" W- 174.93 feet,through the said Johnson "Tract Two", to the north
corner of this tract in the line between the said Johnson tracts, from where a 1/2" iron rod with
an orange plastic cap stamped "H.P. Mayo RPLS 5045" set in 2007 bears N 42° 30' 26" E -
2.70 feet;
THENCE S 42° 30' 26" W-20.78 feet, along the said common line,to the POINT OF
BEGINNING and containing 3369 square feet of land, more or less.
East Parcel
BEGINNING at the west corner of this tract, in the line between the said Johnson 29.29 acre
"Tract Two" and the southeast line of that 1.583 acre tract conveyed to Robert M. Stanley and
wife, Jean S. Stanley by deed recorded in Volume 1947,page 122, Official Records of Brazos
County, Texas, from where a 1/2" iron rod with a plastic cap stamped "S.M. Kling RPLS
2003" was found N 69° 50' W- 0.44 feet, and a 1/2" iron rod found at the south corner of the
said Stanley tract bears S 41°40' 56" W- 6.01 feet;
THENCE S 69° 50'27" E- 75.25 feet,along the southwest line of that portion of the said
Johnson "Tract Two" known as "Carll Lane",to a 1/2" iron rod with a plastic cap stamped
"S.M. Kling RPLS 3003" found at the south corner of this tract, in the northwest line of that
35.37 acre tract conveyed to Hartzell Elkins by deed recorded in Volume 1920,page 323,
Official Records of Brazos County, Texas, from where a 3/4" iron rod found in the northwest
line of the said Elkins tract, in the northeast fenceline of Rock Prairie Road,bears S 41° 40'
56" W- 5.94 feet;
THENCE N 41° 40' 56" E -20.62 feet, along the line between the said Johnson "Tract Two"
and the Elkins tract, to the east corner of this tract from where a 1/2" iron with an orange
plastic cap stamped "H.P. Mayo RPLS 5045" set in 2007 bears N 41° 40' 56" E -2.69 feet;
THENCE N 69° 53' 32" W- 75.27 feet,through the said "Tract Two" and "Carll Lane", to the
north corner of this tract from where a 1/2" iron with an orange plastic cap stamped "H.P.
Mayo RPLS 5045" set in 2007 bears N 41° 40' 56" E-2.69 feet;
THENCE S 41° 40' 56" W- 20.55 feet, along a line between the said Johnson "Tract Two"
and the said Stanley tract, to the POINT OF BEGINNING and containing 1441 square feet of
land more or less.
NOTE - This Company does not represent that the above acreage or square footage
calculations are correct.
TITLE APPEARS TO BE VESTED IN:
Joe&Janet Johnson Land& Investments, LP
By Warranty Deed from James T. Carll, also known as James Todd Carll, and wife, Mary
Carll,dated February 1, 2007, recorded in Volume 7803, page 244, Official Records of Brazos
County, Texas.
SUBJECT TO:
LIENS:
NONE OF RECORD
ABSTRACTS OF JUDGMENTS/FEDERAL AND/OR STATE LIENS:
NONE OF RECORD
EASEMENTS:
Right-of-Way Easement from Mrs. C.C. Cooper to The City of Bryan, Texas dated April 15, 1937,
recorded in Volume 98, page 82, Deed Records of Brazos County, Texas.
Non-exclusive Access Easement granted in Deed from James T. Carll to Gordon W. Knight, et ux,
dated July 22, 1994,recorded in Volume 2170,page 226, Official Records of Brazos County,
Texas. (Tract Two)
Right-of-Way Agreement from James T. Carll to Ferguson Burleson County Gas Gathering
System dated March 21, 1994, recorded in Volume 2209,page 297, Official Records of Brazos
County, Texas.
Non-exclusive Access Easement from First American Bank to Robert M. Stanley, et ux, dated
November 6, 1998,recorded in Volume 3307,page 107, and corrected in Volume 3348, page 122,
Official Records of Brazos County, Texas. (Tract Two)
Memorandum of PCS Site Agreement and 25'wide access/utility easement by and between James
T. Carll and SprintCom, Inc. dated October 12,2000, recorded in Volume 4033, page 324, Official
Records of Brazos County, Texas; assigned to STC Two LLC in Volume 6983, page 133, Official
Records of Brazos County, Texas; assigned to Global Signal Acquisitions LLC in Volume 6983,
page 1, Official Records of Brazos County, Texas. (Tract One)
Right-of-Way Easement from J. T. Carll to City of Bryan, a municipal corporation, doing business
as "Bryan Texas Utilities", dated August 21, 2002, recorded in Volume 4808,page 5, Official
Records of Brazos County, Texas. (Tract Two)
Easement from James Todd Carll to Global Signal Acquisitions LLC, dated October 13, 2005,
recorded in Volume 6982, page 280, Official Records of Brazos County, Texas. (Tract One)
Public Utility Easement and Emergency Road Easement from James T. Carll, et ux to Joe and
Janet Johnson Land and Investments, LP, dated February 1, 2007, recorded in Volume 7803, page
256, Official Records of Brazos County, Texas.
Right-of-Way Easement from James Carll to City of Bryan, a Texas home rule municipal
corporation,doing business as "Bryan Texas Utilities" ("BTU"), dated June 25, 2007, recorded in
Volume 8272,page 255, Official Records of Brazos County,Texas. (Tract One)
Public Utility Easement from Joe &Janet Johnson Land and Investments, LP to City of College
Station, Texas, dated January 14, 2014,recorded in Volume 11804, page 11, Official Records of
Brazos County, Texas.
OUTSTANDING MINERALS AND/OR ROYALTIES:
Mineral reservation and water rights retained in Deed from James T. Carll, et ux to Joe &Janet
Johnson Land&Investments, LP, dated February 1, 2007, recorded in Volume 7803,page 244,
Official Records of Brazos County, Texas. Title to this reservation has not been traced subsequent
to the date of the above-cited instrument.
Terms and conditions pertaining to Waiver of Surface Use contained in Deed executed by James
T. Carll, et ux, dated February 1, 2007, recorded in Volume 7803, page 244, Official Records of
Brazos County, Texas.
OIL & GAS LEASES:
Estate created by Oil and Gas Lease from James T. Car11, et ux to Union Pacific Resources Co.,
dated August 7, 1990,recorded in Volume 1209,page 225, Official Records of Brazos County,
Texas; amended in Volume 1251, page 52, Official Records of Brazos County, Texas. Title to
said lease has not been traced subsequent to the date of the above-cited instrument.
Terms and conditions contained in Partial Surface Waiver executed by Enervest Energy
Institutional Fund X-A, L.P., et al, dated June 6, 2013, recorded in volume 11391, page 1, Official
Records of Brazos County, Texas.
Estate created by Memorandum of Oil, Gas and Mineral Lease from Mary Frances Carll, et al to
Charleston Energy Inc., dated effective November 6, 2013,recorded April 21, 2014 in Volume
11964,page 71, Official Records of Brazos County, Texas. Title to said lease has not been traced
subsequent to the date of the above-cited instrument.
RESTRICTIONS OF RECORD:
NONE OF RECORD
TAXES/ASSESSMENTS:
NONE REQUESTED
MISCELLANEOUS:
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
OWNERS) 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 Scultz 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
4"UidifC2(11
BY:
Please direct inquiries to: Lisa Kemp