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HomeMy WebLinkAboutNothing Further CertificateGF No.: U124753 Examiner: Angela Bankston Effective Date: October 14, 2012 NOTHING FURTHER CERTIFICATE STATE OF TEXAS COUNTY OF BRAZOS THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they are reflected in the geographically indexed title plant of University Title Company as to the following property, to -wit: Field notes of a 92.517 acre tract or parcel of land, lying and being situated in the Andrew Miller, A-165, the Clement Rainey Survey, A-201, and the H.G. Hudson Survey, A-140, Brazos County, Texas, and being part of the 80.31 acres tract described in the Deed recorded in Volume 856, Page 629,of the Official Records of Brazos County, Texas, and all of the 16.71 acres tract described in the Deed recorded in Volume 959, Page 262, of the Official Records of Brazos County, Texas, said 92.517 acres tract being more particularly described as follows: BEGINNING at the 1/2 -inch iron rod found for corner marking the lower northwest corner of the 80.31 acres tract, said iron rod marking the northeast corner of the Edward Valenta 83.8045 acres tract, the southeast corner of the Jon N. Acklam 42.842 acres tract and the southwest corner of the Debbie Stormer 25.51 acres tract; THENCE N 860 06' 04" E along the northwest line of the 80.31 acres tract for a distance of 491.52 feet to a POINT for corner marking a northeast corner of the 80.31 acres tract and the northwest corner of the 16.71 acres tract, a 1/2 -inch iron rod found bears S 880 51' 54" E a distance of 3.27 feet; THENCE S 890 10' 33" E along the northeast line of the 16.71 acres tract for a distance of 999.70 feet to a 1/2 -inch iron rod found for corner marking the northeast corner of the 16.71 acres tract and a northwest corner of the 80.31 acres tract; THENCE along the northerly lines of the 80.31 acres tract for the following calls: S 890 08' 41" E for a distance of 59.98 feet to a POINT for angle point; S 89° 23' 34" E for a distance of 579.03 feet to a 3/8 -inch iron rod found for corner marking an interior ell corner of the 80.31 acres tract and the southeast corner of the Scott Medlin 16.68 acres tract (3836/54); THENCE N 020 56' 04" E along the fence found marking the upper west line of the 80.31 acres tract, same being the easterly line of the Medlin 16.68 acres tract, for a distance of 795.80 feet to a TxDOT Concrete Monument found for corner, said monument marking the southwest corner of a 2.46 acres tract (5533/197) out of the 80.31 acres tract and conveyed for right-of-way of State highway No. 6; THENCE along the southwest lines of the 2.46 acres tract, same being the southwest right- of-way of the proposed State Highway No. 6, for the following calls: S 380 53' 23" E for a distance of 1,524.59 feet to a TxDOT Concrete Monument found for angle point; S 20° 27' 17" E for a distance of 103.75 feet to a TxDOT Concrete Monument found for angle point; S 38° 53' 26" E for a distance of 143.85 feet to a POINT for corner in the centerline of Peach Creek, same being the southerly line of the 80.31 acre tract, a 5/8 -inch iron rod found for reference bears S 38°53' 26" E a distance of 65.62 feet; THENCE along the southerly lines of the 80.31 acres tract, same being along the centerline of Peach Creek, for the following calls: N 750 27' 21" W 103.15 feet; S 720 24'25" W 115.98 feet; S 760 09'47" W 380.03 feet; S 420 52' S6" W 136.76 feet; S 670 3112811 W 205.55 feet; S 400 55' 23" W 59.48 feet; N 850 0513011 W 61.35 feet; N 170 5612511 W 41.24 feet; N 180 04' 31" E 149.37 feet; N 580 5414711 W 36.19 feet; N 800 32' 56" W 80.06 feet; N 650 3113611 W 86.06 feet; S 850 07' 09" W 82.20 feet; S 230 50' 33" W 103.44 feet; S 050 4611911 W 85.42 feet; S 600 46' 03" W 150.16 feet; S 170 31' 02" W 68.27 feet; S 390 51'3611 E 65.26 feet; S 130 53' 02" E 131.42 feet; S 550 53' 14" W 51.74 feet; N 410 15' S4" W 95.07 feet; S 800 30'51" W 122.45 feet; S 490 43'30" W 198.57 feet to a point for corner in or near the common line of the Miller Survey and the Rainey Survey; THENCE continuing along the centerline of Peach Creek and the south line of the 80.31 acres tract for the following calls: N 580 37'29" W 45.88 feet; N 630 16'50" W 38.95 feet; N 520 40'53" W 164.60 feet; N 710 24102" W 87.32 feet; S 260 52' 08" W 107.65 feet; S 630 54' 01" W 57.99 feet; S 690 3811611 W 243.49 feet; N 390 10126" W 174.79 feet; N 760 02' 32" W 154.91 feet; N 890 5814911 W 124.93 feet; S 630 1614811 W 113.52 feet; S 200 10'4211 W 109.52 feet; S 280 28' 09" E 85.93 feet; S 850 45' 23" E 125.97 feet; S 600 37' 29" E 69.42 feet; S 020 53127" W 31.46 feet; S 720 0613611 W 148.54 feet; S 020 47' 08" W 175.98 feet; S 480 50' 22" W 75.27 feet; S 190 11' 06" W 111.05 feet; S 320 20' 17" E 104.51 feet; S 090 02' 54" W 72.65 feet; S 540 07' 48" W 45.50 feet; S 150 35' 20" E 91.37 feet; N 780 18' 19" E 73.38 feet; S 420 23118" E 105.41 feet; S 000 20' 03" E 48.98 feet; S 400 59' 10" W 157.46 feet; S 540 51' 07" W 130.22 feet; S 200 2114811 W 109.10 feet; N 870 56' 28" W 154.22 feet; N 780 2811211 W 183.55 feet to a point for corner, said point marking the southwest corner of the 80.31 acres tract, a 1/2 -inch iron rod found for reference bears N 000 24' 26" E a distance of 84.66 feet; THENCE N 000 24' 26" E along the lower west line of the 80.31 acres tract, same being the east line of the Valenta 83.8045 acres tract, for a distance of 2,452.64 feet to the PLACE OF BEGINNING containing 92.517 ACRES OF LAND, more or less. NOTE: The Company is prohibited from insuring the area or quantity of the 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 that our records reflect that the following is a true and correct list of documents affecting title to the real property described supra between the dates of October 24, 2010 and October 14, 2012: Release of Lien: From: Compass Bank To: Peach Creek Partners, Ltd. Dated: August 21, 2012 Recorded: Volume 10866, Page 58, Official Records, Brazos County, Texas. (Releases Deed of Trust recorded in Volume 9422, Page 207) This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, GF Number: 00104049 Effective Date: October 24, 2010 Examiner: LBJ NOTHING FURTHER CERTIFICATE STATE OF TEXAS COUNTY OF BRAZOS THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they are reflected in the geographically indexed title plant of University Title Company as to the following property, to - wit: Field notes of a 92.517 acre tract or parcel of land, lying and being situated in the Andrew Miller, A-165, the Clement Rainey Survey, A-201, and the H.G. Hudson Survey, A-140, Brazos County, Texas, and being part of the 80.31 acres tract described in the Deed recorded in Volume 856, Page 629,of the Official Records of Brazos County, Texas, and all of the 16.71 acres tract described in the Deed recorded in Volume 959, Page 262, of the Official Records of Brazos County, Texas, said 92.517 acres tract being more particularly described as follows: BEGINNING at the 1/2 -inch iron rod found for corner marking the lower northwest corner of the 80.31 acres tract, said iron rod marling the northeast corner of the Edward Valenta 83.8045 acres tract, the southeast corner of the Jon N. Acklam 42.842 acres tract and the southwest corner of the Debbie Stormer 25.51 acres tract; THENCE N 86° 06' 04" E along the northwest line of the 80.31 acres tract for a distance of 491.52 feet to a POINT for corner marking a northeast corner of the 80.31 acres tract and the northwest corner of the 16.71 acres tract, a 1/2 -inch iron rod found bears S 88° 51' 54" E a distance of 3.27 feet; THENCE S 89° 10' 33" E along the northeast line of the 16.71 acres tract for a distance of 999.70 feet to a 1/2 -inch iron rod found for corner marking the northeast corner of the 16.71 acres tract and a northwest corner of the 80.31 acres tract; THENCE along the northerly lines of the 80.31 acres tract for the following calls: S 89° 08' 41" E for a distance of 59.98 feet to a POINT for angle point; S 89° 23' 34" E for a distance of 579.03 feet to a 3/8 -inch iron rod found for corner marking an interior ell corner of the 80.31 acres tract and the southeast corner of the Scott Medlin 16.68 acres tract (3836/54); THENCE N 02° 56' 04" E along the fence found marking the upper west line of the 80.31 acres tract, same being the easterly line of the Medlin 16.68 acres tract, for a distance of 795.80 feet to a TxDOT Concrete Monument found for corner, said monument marking the southwest corner of a 2.46 acres tract (5533/197) out of the 80.31 acres tract and conveyed for right-of-way of State highway No. 6; THENCE along the southwest lines of the 2.46 acres tract, same being the southwest right-of-way of the proposed State Highway No. 6, for the following calls: S 38° 53' 23" E for a distance of 1,524.59 feet to a TxDOT Concrete Monument found for angle point; S 20° 27' 17" E for a distance of 103.75 feet to a TxDOT Concrete Monument found for angle point; S 38° 53' 26" E for a distance of 143.85 feet to a POINT for corner in the centerline of Peach Creek, same being the southerly line of the 80.31 acre tract, a 5/8 -inch iron rod found for reference bears S 38'5312611 E a distance of 65.62 feet; THENCE along the southerly lines of the 80.31 acres tract, same being along the centerline of Peach Creek, for the following calls: N 75° 27' 21" W 103.15 feet; S 72° 24' 25" W 115.98 feet; S 76° 09' 47" W 380.03 feet; S 42° 52' 56" W 136.76 feet; S 67° 31' 28" W 205.55 feet; S 40° 55' 23" W 59.48 feet; N 85° 05' 30" W 61.35 feet; N 17° 56'2511 W 41.24 feet; N 18° 04' 31" E 149.37 feet; N 80° 32' 56" W 80.06 feet; N 65'3113611 W 86.06 feet; S 85° 07'09" W 82.20 feet; S 23'50'33" W 103.44 feet; S 05'46'19" W 85.42 feet; S 60° 46103" W 150.16 feet; S 17 31' 02" W 68.27 feet; S 39° 51'36" E 65.26 feet; S 13° 53' 02" E 131.42 feet; S 55'5311411 W 51.74 feet; N 41° 15' 54" W 95.07 feet; S 80° 30' S1" W 122.45 feet; S 49° 43' 30" W 198.57 feet to a point for corner in or near the common line of the Miller Survey and the Rainey Survey; THENCE continuing along the centerline of Peach Creek and the south line of the 80.31" acres tract for the following calls: N 58° 37' 29" W 45.88 feet; N63' 16'50" W 38.95 feet; N 52° 40' S3" W 164.60 feet; N 71° 24' 02" W 87.32 feet; S 26° 52' 08" W 107.65 feet; S 631 54' Ol" W 57.99 feet; S 69° 38' 16" W 243.49 feet; N 39° 10'2611 W 174.79 feet; N 76° 02132" W 154.91 feet; N 89° 58' 49" W 124.93 feet; S 63° 16148" W 113.52 feet; S 20'1014211 W 109.52 feet; S 28° 28109" E 85.93 feet; S 85° 4512311 E 125.97 feet; S 60'37129" E 69.42 feet; S 02° 53127" W 31.46 feet; S 72'0613611 W 148.54 feet; S 02'47'08" W 175.98 feet; S 48° 50' 22" W 75.27 feet; S 19° 11' 06" W 111.05 feet; S 32° 20' 17" E 104.51 feet; S 09'02154" W 72.65 feet; S 54'0714811 W 45.50 feet; S 151 35120 11 E 91.37 feet; N 78° 18' 19" E 73.38 feet; S 42° 23' 18" E 105.41 feet; S 00° 20'03" E 48.98 feet; S 40° 59' 10" W 157.46 feet; S 54° 51' 07" W 130.22 feet; S 20'2114811 W 109.10 feet; N 87° 5612811 W 154.22 feet; N 78° 28' 12" W 183.55 feet to a point for corner, said point marking the southwest corner of the 80.31 acres tract, a 1/2 -inch iron rod found for reference bears N 00° 24' 26" E a distance of 84.66 feet; THENCE N 00° 24' 26" E along the lower west line of the 80.31 acres tract, same being the east line of the Valenta 83.8045 acres tract, for a distance of 2,452.64 feet to the PLACE OF BEGINNING containing 92.517 ACRES OF LAND, more or less. NOTE: The Company is prohibited from insuring the area or quantity of the 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 that our records reflect that the following is a true and correct list of documents affecting title to the real property described supra between the dates of November 1, 2009 and October 24, 2010: Partial Release of Lien: From: Lawrence G. Fraser and Barbara Rae Fraser To: Peach Creek Partners, Ltd. Dated: December 7, 2009 Recorded: Volume 9422, Page 153, Official Records, Brazos County, Texas. (Partially releases Deed of Trust recorded in Volume 6905, Page 104 and Assignment of Rents and Leases in Volume 6905, Page 128, Official Records, Brazos County, Texas.) Easement: From: Peach Creek Partners, Ltd. To: Erin M. McFarlane and Joe E. McFarlane, Jr. Dated: December 3, 2009 Recorded: Volume 9422, Page 156, Official Records, Brazos County, Texas. Special Warranty Deed: Grantor: Peach Creek Partners, Ltd. Grantee: John E. McFarlane, Jr. Dated: December 3, 2009 Recorded: Volume 9422, Page 180, Official Records, Brazos County, Texas. (10.00 acres) Deed of Trust to secure a Note: Grantor: Peach Creek Partners, Ltd. Trustee: Ben Hayes Riggs Beneficiary: Compass Bank Amount: $350,000.00 Dated: December 7, 2009 Recorded: Volume 9422, Page 207, Official Records, Brazos County, Texas. (82.45 acres) Partial Release of Lien: From: Lawrence G. Fraser and Barbara Rae Fraser To: Peach Creels Partners, Ltd. Dated: December 7, 2009 Recorded: Volume 9422, Page 203, Official Records, Brazos County, Texas. (Partially releases Deed of Trust recorded in Volume 6905, Pages Page 104 and Assignment of Rents and Leases in Volume 6905, Page 128, Official Records, Brazos County, Texas.) This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. University Title Company Byf/y (rdf) IN