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Home My WebLink AboutTitle Report 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. BC1402379 Title Report Prepared 7/8/2014 for Schultz Engineering, LLC ATTN: Joe Schultz 2730 Longmire Drive, Suite A College Station, TX 77845 "Experience Matters" 4. , B razos County Abstract Company "More Than 140 Years of Title Service" TITLE REPORT Effective Date: July 7, 2014 at 8:00 am GF NO: BC 1402379 LEGAL DESCRIPTION: Being all that certain lot, tract or parcel of land lying and being situated in the CRAWFORD BURNETT LEAGUE, Abstract No. 7, College Station, Brazos County, Texas. Said tract being a portion of the remainder of a called 108.88 acre tract as described by a deed to Heath 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: BEGINNING at a 1/2 inch iron rod found on the southwest line of Old Wellborn Road marking the east corner of said remainder of 108.88 acre tract and the north corner of a called 12.40 acre tract as described by a deed to Osage, Ltd recorded in Volume 1130, page 570, Official Records of Brazos County, Texas; THENCE: S 41° 12' 34" W along the common line of said remainder of 108.88 acre tract and said 12.40 acre tract for a distance of 494.87 feet to the south corner of this herein described tract, for reference a 3/8 inch iron rod found marking the west corner of said 12.40 acre tract bears: S 41° 12' 34" W for a distance of 22.50 feet; THENCE: N 47° 45' 43" W along the common line of said remainder of 108.88 acre tract and an existing 24' wide alley as depicted on the plat of The Barracks II Subdivision, Phase 102, recorded in Volume 11646, page 167, Official Records of Brazos County, Texas, and along the extension of said line, for a distance of 410.17 feet to the beginning of a clockwise curve having a radius of 25.00 feet; THENCE: through said remainder of 108.88 acre tract for the following calls: 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 42° 14' 17" E for a distance of 449.62 feet to the beginning of a clockwise curve having a radius of 25.00 feet; Along said curve through a central angle of 90° 41' 26" for an arc distance of 39.57 feet (chord bears: N 87° 35' 00" E - 35.57 feet) to the end of said curve on the southwest line of Old Wellborn Road; THENCE: S 47° 04' 17" E along the southwest line of Old Wellborn Road for a distance of 401.01 feet to the POINT OF BEGINNING containing 4.911 acres 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: Heath Phillips Investments, LLC by Deed from Arrenia H. Ellis, Florence H. King, Lewis M. Haupt, III 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. (affects 108.88 acres) Deed of Trust, Security Agreement, Fixtures,Financing Statement and Assignment of Rents and Leases dated October 4,2011, executed by Heath Phillips Investments, LLC to Tom Giesenschlag, 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. (affects 108.88 acres) ABSTRACTS OF JUDGMENTS/FEDERAL AND/OR STATE LIENS: NONE OF RECORD EASEMENTS: Right-of-Way Easement from J. W. Mochas to Sinclair Refining Company, dated September 6, 1947, recorded in Volume 132, page 68, Deed Records of Brazos County, Texas. Right-of-Way Easement from P. D. Gandy, et ux to City of Bryan, dated December 22, 1949, recorded in Volume 141,page 392, Deed Records of Brazos County, Texas. Right-of-Way Easement from Arrenia Haupt Ellis, et al to Wellborn Special Utility District dated May 12, 1999,recorded in Volume 3645,page 298, Official Records of Brazos County,Texas. (Blanket) Public Utility Easement from Arrenia H. 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 1, 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, LLC, 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. 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 Luella H. Trotter et al to BRW Land Services, dated December 19, 2012,recorded in Volume 11145,pages 9, 14 and 16, Official Records of 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: Terms, conditions and stipulations contained in Bill of Sale for Water rights from Haupt Family Partnership to the Haupt 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 of Brazos County, Texas. Maintenance charge as set forth 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, 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 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 Schultz 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 l '°'eaVI°14TQ‘2t BY: Please direct inquiries to: Lisa Kemp