HomeMy WebLinkAboutTitle Report *t* Brazos County Abstract Company
"More Than 140 Years of Title Ser ice"
P.O. Box 4704 Phone: (979) 731-1900 3800 Cross Park Drive
Bryan, Texas 77805-4704 Fax: (979) 731-1381 Bryan, Texas 77802
BCAC CF NO. BC1402926
Title Report Prepared 10/20/2014
for
Schultz Engineering, LLC
ATTN: Joe Schultz, P.E.
2730 Longmire, Suite A
College Station, TX 77845
"E perience Matters"
Brazos County Abstract Company
"More Than 140 Years of Title Service''
TITLE REPORT
Effective Date: October 17,2014 at 8:00 am
GIS NO: BC1402926
LEGAL DESCRIPTION:
MI that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas, in
the Crawford Burnett League, Abstract No. 7, College Station, Texas. Said tract being a
portion of the remainder of a called 108.88 acre tract as described by a Deed to Meath Phillips
investments. LLC. recorded in Volume 9627, page 73 Official Records of Brazos County,
Texas.
Said tract being more particularly described by metes and bounds as follows:
COMMENCING at a V: inch iron rod found on the southwest line of Old Wellborn Road
marking the east corner of said remainder of 108.88 acre tract:
THENCE: N 470 04' 17" W along the southwest line of Old Wellborn Road for a distance of
917.35 feet to the POINT OF BEGINNING of this herein described tract;
THENCE: through said remainder of 108.88 acre tract for the following calls:
S 420 14' 17" W for a distance of 644.85 feet to the extension of the northeast line of
General Parkway(67' R.O.W.):
N 47' 45' 43" W along the northeast line of General Parkway for a distance of 95.00 feet
to the beginning of clockwise curve having a radius of 25.00 feet;
Along said curse through a central angle of 90° 00' 00" for an arc distance of 39.27 feet
(chord bears: N 020 45'43" W -35.36 feet)to the end of said curve;
N 42" 14' 17" E fora distance of 16.51 feet;
N 47°45'43" W for a distance of 50.00 feet;
S 42° 14' 17" W for a distance of 16.51 feet to the beginning ()la clockwise curve having
a radius(4'25.00 feet;
Along said curve through a central angle of 90° 00' 00" for an arc distance of 39.27 feet
(chord bears: S 87° 14' 17" W - 35.36 feet) to the end of said curve on the northeast line
of'General Parkway;
N 47° 45' 43" W along the northeast line of General Parkway for a distance of 65.00 feet
to the beginning of a clockwise curve having a radius ol'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 02°45'43" W - 35.36 feet) to the end of said curve:
N 47° 45' 43" 'N across the end of a 24' public alley for a distance of 24.00 feet to the
beginning ofa clockwise 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 87° 14' 17" W - 35.36 feet) to the end of said curve on the northeast line
o f General Parkway:
N 47° 45' 43" W along the northeast line of General Parkway for a distance of 65.00 feet
to the beginning of a clockwise 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 02° 45' 43" W - 35.36 feet) to the end of said curve on the extension of
the southeast line of Deacon Drive West;
N 42° 14' 17" E for a distance of 21.50 feet;
N 47°45'35" W across Deacon !)rive West for a distance of 85.00 feet;
THENCE: continuing through said remainder of 108.88 acre tract and along the extension of
the northwest line of Deacon Drive West for the following calls:
N 42° 14' 17" F for a distance of 140.54 feet to the beginning ofa counterclockwise curve
having a radius of 532.50 feet:
Along said curve through a central angle of'07° Ol' 10" for an arc distance of 65.24 feet
(chord bears; N 38°43'42" E -65.20 feet) to the end of said curve;
N 35° 13'07" F for a distance of 260.61 feet to the beginning of clockwise curve having
a radius of 617.50 feet;
Along said curve through a central angle of 07° 01' 10" for an arc distance of 75.65 feet
(chord bears: N 38°43'42" F -75.61 l'cet) to the end of said curve;
N 42° 14' 17" E for a distance of 40.54 feet to the beginning of a counterclockwise curve
having a radius of 25.00 feet;
Along said curve through a central angle of 89° 18' 34" for an arc distance of 38.97 feet
(chord bears: N 02° 25'00" W - 35.14 feet)to the end of said curve on the southwest line
of Old Wellborn Road marking the north corner of this herein described tract;
THENCE: S 47° 04' 17" E along the southwest line of old wellborn road for a distance of
574.21 feet to the POINT OF BEGINNING containing 7.654 acres of land,more or less.
NO`li This Company does not represent that the above acreage or square footage
calculations are correct.
TITLE APPEARS TO BE VESTED IN:
Heath Phillips Investments, LLC
by Warranty Deed with Vendor's Lien from Arrenia H. Ellis, Florence 1-1. King, Lewis M.
llaupt, Ill and Luella H.Trotter.dated May 13,2010,recorded in Volume 9627, page 73,
Official Records of Brazos County, Texas.
SUBJECT TO:
LIENS:
Deed of Trust. Security Agreement. Fixtures. Financing Statement and Assignment of Rents and
Leases dated May 13. 2010. executed by Heath Phillips Investments, LLC to Julius C. Dunlap,
Trustee, securing one note of even date payable to American Momentum Bank, in the principal
amount of$2,994.200.00, recorded in Volume 9627, page 80, Official Records of Brazos County.
Texas, and as modified rearranged and/or extended by instruments recorded in Volume 10220.
page 151 and Volume 10470, page 133, Official Records of Brazos County, Texas. (covers
108.88 acres)
Deed of Trust, Security Agreement, Fixtures, Financing Statement and Assignment of Rents and
Leases dated October 4.2011.executed by I leath Phillips Investments, LLC to Tom Gicsenschlag,
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. (covers 108.88 acres)
AI3STRACTS OF JUDGMENTS/FEDERAL AND/OR STATE LIENS:
NONE OF RECORD
EASEMENTS:
Right-of=Way Easement from J. W. Mochas to Sinclair Relining Company. dated September 6,
1947. recorded in Volume 132, page 68. Deed Records of Brazos County,Texas.
Right-of-Way Easement from P. 1D. Gandy et ux to City of Bryan, dated December 22, 1949,
recorded in Volume 14 I, page 392, Deed Records of Brazos County,Texas.
Right-of-Way Easement from Arrenia I laupt Ellis et al to Wellborn Special Utility District, dated
May 12, 1999. recorded in Volume 3645, page 298. Official Records of Brazos County. Texas.
Public Utility Easement from Arrenia 1 I. 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.
Temporary Blanket Utility Easement from Heath Phillips Investments, LLC to City of College
Station. Texas, dated November I, 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 and groundwater reservation in Deed from Arrenia H. Ellis. et al to heath Phillips
Investments. EEC. dated May 13. 2010. recorded in Volume 9637. 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.
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.
Tide to this lease has not been traced subsequent to the date oldie above-cited instrument.
Estate created by Memorandums of Oil and Gas Leas(*) from Luella l I. Trotter, et al to BRW
Land Services.dated December 19. 2012. recorded in Volume 1 1 145, 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,
RESTRICTIONS OF RECORD:
Restrictive covenants recorded in Volume 8986, page 115 and Volume 10671,page 145, Official
Records of Brazos County,Texas.
TAXES/ASSESSMENTS:
NONE REQUESTED
MISCELLANEOUS:
Perms,conditions and stipulations contained in 13111 of Sale for Water rights from Haupt Family
Partnership to the I laupt Water Partnership,dated December 7, 2000, recorded in Volume 4012,page
288.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 and amended in Volume 10671, page 145 and management certificate in Volume
9520. page 215, Official Records ol'I3razos County, Texas.
Maintenance charge as set forth in the Declaration ol'Covcnants, 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 145, Official Records of Brazos County, Texas.
All leases. ,.rants. 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 or
not. There may be leases.grants.exceptions or reservations of mineral interests that arc not listed.
THIS TITLE REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING, EVIDENCED
BY THE ACCEPTANCE OF SAME THAT THE UNDERSIGNED, BrazosConnty
Abstract Company DOES NOT UNDERTAKE HEREIN TO GIVE OR EXPRESS ANY
OPINION AS TO THE VALIDITY OF THE TITLE TO TITE 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 ANI)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 SEARCI[ HAS BEEN LIMITED
TO THE ABOVE MATTERS ANI)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 Comps
BY: doeldiarp•
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