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HomeMy WebLinkAboutTitle 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. BC1402560 Title Report Prepared 8/12/2014 for Schultz Engineering, LLC Joe Schultz 2730 Longmire Drive, Suite A College Station, Texas 77845 "Experience Matters" IBrazos County A.bstractCompany "More Than 140 Years of Title Service" TITLE REPORT Effective Date: August 11,2014 at 8:00 am GF NO: BC1402560 LEGAL DESCRIPTION: Metes and bounds description of all that certain tract 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 of the Official Public Records of Brazos County, Texas, all of a called 29.869 acre tract as described by a deed to Heath Phillips Investments, LLC recorded in Volume 11623, page 227 of the Official Public Records of Brazos County, Texas, and all of The Barracks II Subdivision, Phase 300, according to the plat recorded in Volume 11209, page 184 of the Official Public Records of Brazos County,Texas, said Phase 300 being a portion of said 108.88 acre tract. Said tract being more particularly described by metes and bounds as follows: Beginning at a Y2 inch iron rod found on the east line of Holleman Drive (var. R.O.W.) marking the northwest corner of said 29.869 acre tract and the south corner of a called 1.969 acre tract as described by a deed to Billy W. Sparkman and Nellie Sparkman recorded in Volume 3381,page 255 of the Official Public Records of Brazos County,Texas; THENCE: N 42° 08' 32" E along the common line of said 29.869 acre tract and said 1.969 acre tract, at 703.04 feet pass a 1/2 inch iron rod found marking the east corner of a called 1.048 acre tract as described by a deed to Billy W. Sparkman and Nellie Sparkman recorded in Volume 3284, page 216 of the Official Public Records of Brazos County, Texas, and the south corner of Lot 10, German Acres,according to the plat recorded in volume 2393,page 91 of the Official Public Records of Brazos County, Texas, continue on along the common line of said 29.869 acre tract and German Acres, at 2114.49 feet pass a 1/2 inch iron rod found marking the common corner of Lots 3 and 4, German Acres, at 2591.93 feet pass a 1/2 inch iron rod found marking the east corner of Lot 1, German Acres, and the south corner of a called 3.475 acre tract as described by a deed to Circle H Investments, LLC recorded in Volume 11239, page 219 of the continue on along the common line of said 29.869 acre tract and said 3. Official Public Records of Brazos County, Texas, continue on along the common line of said 29.869 acre tract and said 3.475 acre tract for a total distance of 3219.51 feet to 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 395.75 feet to a 6 inch fence corner post found marking the southeast corner of said 29.869 acre tract and the north corner of the remainder of said 108.88 acre tract; THENCE: S 47° 04' 14" E continuing along the southwest line of Old Wellborn Road for a distance of 376.03 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 89° 18' 34" for an arc distance of 38.97 feet(chord bears: S 02° 25'00" E- 35.14 feet)to the end of said curve; S 42° 14' 17" W for a distance of 40.54 feet to the beginning of a counterclockwise 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: S 38° 43'42"W-75.61 feet)to the end of said curve; S 35° 13' 07" W for a distance of 260.61 feet to the beginning of a clockwise curve having a radius of 532.50 feet; Along said curve through a central angle of 07° 01' 10" for an arc distance of 65.24 feet(chord bears: S 38°43'42" W-65.20 feet)to the end of said curve; S 42° 14' 17" W for a distance of 162.04 feet to the beginning of a clockwise curve having a radius of 25.00 feet; Along said curve through a central angle of 90° 02' 14" for an arc distance of 39.29 feet(chord bears: S 87° 15'24" W- 35.37 feet)to the end of said curve; S 42° 14' 17" W for a distance of 67.00 feet to the beginning of a clockwise curve having a radius of 25.00 feet at the easterly corner of said phase 300; THENCE: along said curve through a central angle of 89° 59' 55" for an arc distance of 39.27 feet(chord bears: S 02° 45'43" E - 35.36 feet) to the end of said curve on the extension of the northwest line of Deacon Drive West(85'R.O.W.); THENCE: S 42° 14' 17" W along the northwest line of Deacon Drive West and the extension thereof for a distance of 1110.24 feet to a 1/2 inch iron rod found marking the south corner of said Phase 300 and the east corner of Block 7, The Barracks II Subdivision, Phase 100, according to the plat recorded in Volume 10785, page 163 of the Official Public Records of Brazos County, Texas; THENCE: N 47° 45' 43" W along the common line of said Phase 300 and said Block 7 for a distance of 441.17 feet to a 1/2 inch iron rod found on the southeast line of said 29.869 acre tract marking the common corner of said Phase 300 and said Block 7; THENCE: S 42° 14' 17" W along the common line of said 29.869 acre tract and said Block 7, and The Barracks II Subdivision, Phase 100, according to the plat recorded in Volume 10570, page 293 of the Official Public Records of Brazos County, Texas, for a distance of 1544.19 feet to a 1/2 inch iron rod found on the east line of Holleman Drive marking the south corner of said 29.869 acre tract; THENCE: N 22° 02'42" W along the east line of Holleman Drive for a distance of 433.24 feet to the POINT OF BEGINNING containing 48.369 acres of land,more or less. TITLE APPEARS TO BE VESTED IN: Heath Phillips Investments,LLC by Warranty 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. and The Barracks at Rock Prairie Owners Association,Inc. by Special Warranty Deed from Heath Phillips Investments,LLC,dated July 19,2013, recorded in Volume 11659,page 15, 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. 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. ABSTRACTS OF JUDGMENTS/FEDERAL AND/OR STATE LIENS: None of Record. EASEMENTS: Easements and building lines as shown on record on plat of The Barracks II Subdivision,Phase 300,recorded in Volume 11209,page 184,Official Records of Brazos County,Texas. Subject to Release of Drainage Easement dated April 23,2014,recorded in Volume 11972,page 40, Official Records of Brazos County,Texas. 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. J. Mochas et al to Sinclair Refining Company, dated March 1, 1947,recorded in Volume 132,page 134, 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. Public Utility Easement from Mabel McQueen Barger to City of College Station, Texas, dated March 23, 2006,recorded in Volume 7220,page 67, Official Records of Brazos County,Texas. 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 Construction Easement from Arrenia H. Ellis et al to City of College Station, Texas, dated May 24, 2006, recorded in Volume 7233, page 103, Official Records of Brazos County, Texas. Right-of-Way Easement from Mable M. Barger Trust to Wellborn Special Utility District dated August 20, 2010, recorded in Volume 10086,page 217, 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. Public Utility Easement from Heath Phillips Investments,LLC to City of College Station,dated January 24,2014,recorded in Volume 11814,page 267,Official Records of Brazos County, Texas. Declaration of Easement for Drainage by The Barracks at Rock Prairie Owners Association,Inc., dated April 23,2014,recorded in Volume 11972,page 43, 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 reservation in Deed from S. F. Machos et al to J. Wheeler Barger, dated January, 1956, recorded in Volume 171, page 567, 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. Mineral and groundwater reservation in Deed from The Mable M. Barger Trust to Heath Phillips Investments,LLC,dated September 23,2013,recorded in Volume 11623,page 227,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 Oil and Gas Lease from Mabel M. Barger Trust to BRW Land Services,dated January 11, 2013,recorded in Volume 11145,page 20, Official Records of Brazos County,Texas. RESTRICTIONS OF RECORD: Terms,provisions,covenants,conditions,and restrictions,easements,charges,assessments and liens provided in the Covenants,Conditions and Restrictions recorded in Volume 8986,page 115, Volume 10671,page 145 and Volume 11674,page 62,Official Records of Brazos County,Texas, but omitting any covenant,condition or restrictions, if any,based on race,color,religion, sex, handicap, familial status or national origin unless and only to the extent that the covenant,condition or restrictions(a) is exempt under Title 42 of the United States Code,or(b)related to handicap,but does not discriminate against handicapped persons. 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. Terms and conditions contained in Lease by and between The Barracks at Rock Prairie Owners Association, Inc., and HMH Acquatic Enterprises, LLC, dated August 1, 2013, recorded in Volume 11747,page 180, Official Records of Brazos County, Texas and as amended by instrument recorded in Volume 11802,page 82, 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 Volume 11674, page 62, 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 and Volume 11674,page 62,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 C2`c" ":0.0.. Ylit"f) BY: