HomeMy WebLinkAboutEasementEASl::MENT DEDICATION SHEET
To be filled in and submitted with construction plans and specifications for preliminary review
(Not to bEi used where City is purchasing property)
THIS SECTION TO BE COMPLETED BY CITY STAFF
PROCESSED BY: _____________ _ DEPT. ______ _ EXT. ___ _
REQUESTED BY:·-------~-----DEPT. ______ _ EXT. ___ _
ACCOUNTNO.-,,,,----.--,--,,.,,,----.-----,---.----,--.---(For ordering title work, appraisals, etc.)
PROJECT NO. _______ _
TYPE OF EASEMENT:
__! _ Public Utilities (PUE) __ Temporary Blanket PUE
(prior to building permit)
__ Electric Only
___ Water Only
PURPOSE FOR EASEMENT: Providing a Variable Width PUE encumbering 0.812 acres located on a 98.202
acre tract (7541/214) & a 31.978 acre tract (7675/179).
REVIEW AND APPROVAL REQUIRED/GIVEN BY THE FOLLOWING DEPARTMENTS:
Approval Required By:
{please initial)
___ Electric
___ WaterMrw
___ Asst. City Engineer
___ Public Works
Approval Given By:
(please initial)
Electric
Water/WW
___ Asst. City Engineer
___ Public Works
METES & BOUNDS DESCRIPTION CHECKED FOR CLOSURE BY: ------=-,---,,,_...,.,........,..,---=-----
(City Staff -Name/Dept.)
THIS"SECTIC N TO BE COMPLETED BY APPLICANT
PROPERTY OWNER(S): The Summit Crossing, LLC
(Names must be exactly as they appear on the deed)
ADDRESS:4002 Aspen Dr. ________ PHONE NUMBER: (979) 777-2846 ________ _
Brvan, TX 77801
ALL LENDERS (Please furnish copies of all lien facuments): Brenham National Bank (c/o Dave Stevens)
Ph: (979) 693-9851 : 2470 Earl Rudder Fwy :>= . ..._. C=-o=l=le""'g=e-=S=ta=t=io"'""'n.._. TX_,_,,_,__,_77"""'8=-4,,,,0:,.._ __ ~----------
(Names and Addresses)
IF OWNER IS A CORPORATION, PARTNEHSHIP, OR JOINT VENTURE (also see #5 below):
1. State of Incorporation/Registration T~a=x~l.D~-~N~o=-~2=0-~5~3~0~15~6=5~---------------
2. Partners' Names (if applicable) Jim1~n ..... v~E=a=st=e=rl..._y.._. M~a=na""'g""'in~g"-'-"M=e=m=b=e'"'-r _____________ _
3. Person Authorized to Sign Jimmy E=a=s=te'"'"rl"'"y.._. =M=a"""na=g""'i"""ng~M=e=m=b=e=r,,..,... __ ~,,..,..,.----------(Name and Title)
x 1. x 2.
3. x 4. X---5.
!._6.
LEGAL DEPARTMEN-r MUST BE PROVIDED WITH THE FOLLOWING:
(Please check items that are attached)
A copy of a recent (within 90 days) deed or title insurance policy showing the names of the granters/owners; and
For unplatted property, a signed, sealed and dated metes and bounds description and a diagram of the property
showing the location of the easement; or
For platted property, a copy of the plat sl1owing the lot, block, subdivision, and recording information.
For blanket easements, a signed, sealed and dated metes and bounds description and a diagram of the property.
Corporate or partnership owners must fu mish a copy of a corporate resolution or other proof of authority to sign on behalf
of the corporation, partnership, or joint venture. .
Name, address and phone number of per.;on who is to receive the easement and be responsible for getting 1t executed:
RME Consultfng_Engineers. c/o Rabon Metcalf P.O. Box 9253. College Statk=>n"'", """fX~7=794~2"""-"'"c,..97...,9=1-=s=90,....-0=3""'2=9,...----------------
Any land acquisition resulting from Capital Improvement Projects requires a meeting with the Legal Department..
The Summit Crossing, LLC COMPANY RESOLUTION
ST.~TE OF TEXAS:
COUNTY OF BRAZOS:
I, the undersigned, being the Assistant Secretary of The Summit Crossing, LLC, a
Te)(as Limited Liability Company herein after referred to as Summit Crossing, do hereby certify
that by unanimous consent of the Mana1~ing Members of said Company, on the 22nc1 day of May
2007, the following resolutions were unc1nimously adopted and are recorded in the Minute Book
of said company kept by the Secretary c1f the company, and are in accord with and pursuant to
the Regulations of The Summit Crossinn. LLC and are now in full force and effect
RESOLVED, that the company, acting by and through its duly authorized managing
member-Jimmy Easterly, Managing Member, is hereby authorized and empowered tc• sign all
doc:uments required to zone and plat in logical phases the 25+ acre tract for townhouses
(inc:luding duplexes per College Station UDO definition with each unit on a separate lot) on a
25+ acre tract of land along State Highway 30 (Harvey Road) in College Station, Brazos
County Texas plus such additional land .as required for parkland as shown in attached
addlendum "A" which is made a part hemof ..
RESOLVED, FURTHER, that the said Jimmy Easterly is authorized and directed to
takc:t such other action to execute and doliver any and all instruments in the name of and on
behalf of this company as may be necessary to effectuate said zoning and plat, or otherwise to
do all such further acts and things that the said Managing Member of this company shall deem
necessary and proper in order to effecthrely perform all of the obligations and agreemEmts
expressed to be kept and performed by 1rhis company pursuant to the provisions of said
instruments evidencing the plat and zoning on the properties referred to above.
IN WITNESS WHEREOF, I have hereunto subscribed my name and by order of the
Managing Members of The Summit Crru;sing, LLC to be effective as of the ~ of Ma1r 2007. da-ntke! ,_J-~~,<--
Sandra Fisher, Assistant Secnatary
The Summit Crossing, LLC
1 /2 INCH IRON
ROD FOUND
R~<b di ._IC>·
"' ,o S) ~<v o~6 ~"?°' r:t ...,."-~~ \ ~-
q)
THIS LINE USED FOn
BEARING ORIENTATIO'l
HONORING THE DEEi>
CAl..l PER 7675/17!!
LOT 3, BLOCK 3
FINAL PLAT OF
LOT 2A, BLOCK 2
LOTS 2 & 3, BLOCK 3
CRESCENT POINTE PHASE 4
8343/181
SHEET 1 OF 2
SURVEY PLAT
OF A 0.812 ACRE
SANITARY SEWER EASEMENT
J.W. scon SURVEY, A-49
COLLEGE STATION, BRAZOS COUNTY, TEXP.S
SCALE:. 1 INCH = 100 FEET ~ it k'.;.._ SURVEY DATE: 04-1 6-08 Al\ 1A • 2>c PLAT DATE: 04-18-08
JOB NUMBER: 08-167
1-----'----' CAD NAME: 08-167M
CRS FILE: SUMMIT (cont); 08-167 /T {job)
PREPARED BY: KERR SURVEYING, LLC
505 CHURCH AVENUE, P.O. BOX 269
COLLEGE STATION, TEXAS 77841
PHONE (979) 268-3195
POINT OF
BEGINNING
SCALE: 1" = 100'
N/F
THE SUMMIT CROSSING
98.202 ACRE TRACT
7541/214
LLC
'----s 42"56'40" w
20.00'
SCALE: 1" = 100'
R=15.00'
D=90"00'00"
ARC=23.56'
T=15.00'
CHORD=21.21'
BRG=N 01"59'56" W
SHEET 2 OF 2
SURVEY PLAT
OF A 0.812 ACRE
SANITARY SEWER EASEMENT
J.W. SCOTT SURVEY, A-49
COLLEGE STATION, BRAZOS COUNTY, TEXt.S
Ks SCALE:. 1 INCH = 100 FEET 1-f P?. SURVEY DATE: 04-16-08 All IA c PLAT DATE: 04-18-08
JOB NUMBER: 08-167 >--~--~ CAD NAME: 08-167M
CR5 FlLE: SUMMIT (cont); 08-167 fr Qob)
PREPARED BY: KERR SURVEYING, LLC
505 CHURCH AVENUE, P.O. BOX 269
COLLEGE STATION, TEXAS 77841
PHONE (979) 268-3195
N/F
THE SUMMIT CROSSING, LLC
31 .978 ACRE TRACT
7675/179
MATCHLINE SHEET 2
SHEET 1
THIS LINE USED FOR
BEARING ORIENTATION
HONORING THE DEED
CALL PER 7675/179
..
MEn:s AND BOUNDS DESCRIPTION
OFA
0.812ACRE
SANITARY SEWER EASEMENT
J.W. SCOTT SURVEY, A-49
COLLEGE STAT.ON, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING
AND BEING SITUATED IN THE J.W. SCOTT SURVEY, ABSTRACT NO. 49, COLLEGE STATION, BRAZOS
COUNTY, TEXAS. SAID TRACT BEING A PORTION OF A 98.202 ACRE TRACT OF LAND DESCRIBED
BY A DEED TO THE SUMMIT CROSSING LLC RECORDED IN VOLUME 7541, PAGE 214 OF THE
OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS AND A PORTION OF A 31.978 ACRE
TRACT OF LAND DESCRIBED BY A DEED TO THE SUMMIT CROSSING LLC RECORDED IN VOLUME
7675, PAGE 179 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE P ARTICUlARL Y DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A Yz INCH IRON ROD FOUND MARKING THE SOUTH CORNER OF SAID 98.202
ACRE TRACT;
THENCE: N 47° 03' 20" W ALONG THE SOUTHWEST LINE OF SAID 98.202 ACRE TRACT FOR A
DISTANCE OF 705.92 FEET TO A POINT MARKING THE POINT OF BEGINNING OF THIS HEREIN
DESCRIBED TRACT. FOR REFERENCE, A Yz INCH IRON ROD FOUND MARKING THE EAST CORNER
OF LOT 3, BLOCK 3, FINAL PLAT OF lOT 2A, BLOCK 2 AND LOTS 2 & 3, BLOCK 3, CRESCENT POINTE
PHASE 4 ACCORDING TO THE PLAT RECORDED IN VOLUME 8343, PAGE 181 OF THE OFFICIAL
PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS BEARS: N 37° 23' 37" W FOR A DISTANCE OF 0.97
FEET;
THENCE: N 47° 03' 20" W ALONG THE COMMON LINE OF SAID 98.202 ACRE TRACT AND SAID LOT 3
FOR A DISTANCE OF 339.00 FEET TO A POINT;
THENCE: N 42° 56' 40" E THROUGH SAID 98.202 ACRE TRACT FOR A DISTANCE OF 105.00 FEET TO A
POINT;
THENCE: N 47° 03' 20" w FOR A DIS;~ANCE OF 303.93 FEET TO A POINT ON THE COMMON LINE OF
SAID 98.202 ACRE TRACT AND SAID 31.978 ACRE TRACT. FOR REFERENCE, A Yz INCH IRON ROD
FOUND MARKING THE COMMON WEST CORNER OF SAID 98.202 ACRE TRACT AND SAID 31.978
ACRE TRACT BEARS: S 41° 39' 43" WE)RADISTANCE OF 105.03 FEET;
THENCE: THROUGH SAID 31.978 ACF:E TRACT FOR THE FOLLOWING CALLS;
N 47° 03' 20" W FORA DISTANCE OF 404.89 FEET TO A POINT;
N 43° 00' 04" E FOR A DISTANCE OF 226.17 FEET TO A POINT MARKING THE BEGINNING OF A
COUNTER-CLOCKWISE CURV~ HAVING A RADIUS OF 15.00 FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00" FOR AN ARC DISTANCE
OF 23.56 FEET (CHORD BEAR·~: N 01° 59' 56" W -21.21 FEET) TO THE END POINT OF SAID
CURVE;
N 46° 59' 56" W FOR A DISTANCE OF 206.47 FEET TO A POINT;
N 43° 36' 31" E FOR A DISTANCE OF 25.00 FEET TO A POINT MARKING THE NORTH CORNER
OF THIS HEREIN DESCRIBEI:O TRACT. FOR REFERENCE, A 5/8 INCH IRON ROD FOUND
C-• \. L
MARKING AN INTERIOR CORNER OF SAID 31 .978 ACRE TRACT BEARS: N 43° 36' 31" E FOR A
DISTANCE OF 337 .86 FEET TO A POINT;
S 46° 59' 56" E FOR A DISTANCE OF 246.21 FEET TO A POINT;
S 43° 00' 04" W FOR A DISTAl\.CE OF 241.14 FEET TO A POINT;
S 47° 03' 20" E FORA DISTANCE OF 379.30 FEET TO A POINT ON THE COMMON LINE OF SAID
98.202 ACRE TRACT AND SAID 31.978 ACRE TRACT. FOR REFERENCE, A Y2 INCH IRON ROD
FOUND MARKING THE EAST CORNER OF SAID 31.978 ACRE TRACT BEARS: N 41° 39' 43" E
FOR A DISTANCE OF lOlti.58 FEET (THIS LINE USED FOR BEARING ORIENTATION
HONORING THE DEED CALL PER 7675/179);
THENCE: S 41° 39' 43" W ALONG THE COMMON LINE OF SAID 98.202 ACRE TRACT AND SAID 31.978
ACRE TRACT FOR A DISTANCE OF lC.00 FEET TO A POINT;
THENCE: THROUGH SAID 98.202 ACRE TRACT FOR THE FOLLOWING CALLS:
S 47° 03' 20" E FOR A DISTANCE OF 327 .27 FEET TO A POINT;
S 42° 56' 40" W FOR A DISTAN>'.~E OF I 00.00 FEET TO A POINT;
S 47° 03' 20" E FOR A DISTANCE OF 316.00 FEET TO A POINT;
THENCE: S 42° 56' 40" W FOR A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING
CONTAINING 0.812 OF AN ACRE OF LAND (35367 SQ. FT.) AS SURVEYED ON THE GROUND APRIL,
2008. FOR MORE DESCRIPTIVE INFORMATION SEE PLAT PREPARED APRIL, 2008.
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502
C:\ WORK\MAB\08-l 67M.MAB
--Premium: $4,183.00 1201
STEWART TITLE GUARANTY COMPANY
SCHEDULE A
P-L
File No.: 143866A Policy No.: 0-5841-257881
Issued With: M-5842-879485
POLICY AMOUNT: $700,000.00
POLICY DATE: August 22, 2006 at 03:44 =>M
1. NAME OF INSURED:
THE SUMMIT CROSSING, LLC
2. WE INSURE YOUR INTEREST IN THE LAND COVERED BY THIS POLICY IS:
FEE SIMPLE
3. TITLE TO THE ESTATE OR INTEF~EST IN THE LAND IS VESTED IN:
THE SUMMIT CROSSING, LLC
4. LEGAL DESCRIPTION OF THE LAl~D:
All that certain tract or parcel of land, lying and being situated in the J. W. SCOTT LEAGUE, ABSTRACT
NO. 49, College Station, Brazos County, Texas. Said tract being a portion of the remainder of a called
113.67 acre tract as described by c deed to Carrara Partnership recorded in Volume 586, page 488 of
the Deed Records of Brazos County, Texas, all of a called 2.00 acre tract as described by a deed to
Edward H. Harte or Houston H. Harte or Joanne Bennett recorded in Volume 507, page 563 of the deed
records of Brazos County, Texas, c:1rd all of a called 2.00 acre tract as described by a deed to Edward
H. Harte or Houston H. Harte or Joanne Bennett recorded in Volume 507, page 568 of the Deed Records
of Brazos County, Texas.
said tract being more particularly d~:;cribed by metes and bounds as follows:
BEGINNING: at a% inch iron rod foJnd on the northwest line of State Highway No. 30 (120' R.O.W.)
marking the south comer of said remainder of 113.67 acre tract and the east comer of a called 192.64
acre tract described as exhibit "A" b'./ ·3 deed to College Main Apartments, Ltd., recorded in Volume 3687,
page 258 of the Official Public Records of Brazos County, Texas;
THENCE: N 47° 03' 20" W along the common line of said remainder of 113.67 acre tract and said
192.64 acre tract for a distance of 1 346 .50 feet to a % inch iron rod found marking the most westerly
corner of said remainder of 113.67 acre tract and the south corner of a called 46.19 acre tract as
described by a deed to Diane Peters, E. Duane Peters and Patricia Kay Peters recorded in Volume 223,
page 111 of the Deed Records of Brazos County, Texas;
BRAZOS COUNTY ABSTRACT COMPANY
.a!l_
Authorized Signature
File No.: i43866A
STEWART TITLE GUARANTY COMPANY
SCHEDULE A
(Continued) Policy No.: 0-5841-257881
THENCE: N 41° 39' 43" E along the common line of said remainder of 113.67 acre tract and said 46.19
acre tract for a distance of 1146.61 feet to a Y2 inch iron rod found marking the east comer of said 46.19
acre tract and an interior west comm of said remainder of 113.67 acre tract;
THENCE: N 45° 47' 51" W continu rig along the common line of said remainder of 113.67 acre tract and
said 46.19 acre tract for a distance· of 593.53 feet to a Y2 inch iron rod found marking the south comer
of a called 35.91 acre tract as desc:ribed by a deed to Robert Henry Conaway, Jr., recorded in Volume
2864, page 51 of the Official Public: Records of Brazos County, Texas, said iron rod found marking the
west comer of said second 2.00 acre! tract (507/568), same being the original most northerly west comer
of said 113.67 acre t_ract;
THENCE: N 42° 09' 39" E along tfE! common line of said 2.00 acre tracts (507/568 and 507/563), said
remainder of 113.67 acre tract and !iaid 35.91 acre tract for a distance of 1282.80 feet to a Y2 inch iron
rod found marking the north comer of said remainder of 113.67 acre tract and the west comer of the
remainder of a called 15.379 acre trcict as described by a deed to Joyce Peters Bell recorded in Volume
297, page 252 of the Deed Records of Brazos County, Texas;
THENCE: S 46° 1 O' 45" E along the common line of said remainder of 113.67 acre tract and said
remainder of 15.379 acre tract for a distance of 1172.52 feet to a 5/8 inch iron rod found marking an
interior north comer of said remainder of 113.67 acre tract and the south comer of the remainder of a
called 11 .424 acre tract as describe.j by a deed to Joyce A. Devaney, Trustee, recorded in Volume 2584,
page 225 of the Official Public Reccrds of Brazos County, Texas;
THENCE: N 41° 57' 03" E along the common line of said remainder of 113.67 acre tract and said
remainder of 11.424 acre tract for cl ::Hstance of 602.23 feet to a Y2 inch iron rod found marking an east
corner of said remainder of 11.424 <1cre tract;
THENCE: N 72° 47' 26" W continuing along the common line of said remainder of 113.67 acre tract and
said remainder of 11.424 acre tract for a distance of 220.45 feet to a Y2 inch iron rod found marking an
interior east corner of said remainder of 11.424 acre tract;
THENCE: N 30° 07' 18" E continuin~i along the common line of said remainder of 113.67 acre tract and
said remainder of 11.424 acre tract "for a distance of 27 4.69 feet to a brass right-of-way marker found
on the existing south line of FM 158 rnarking the northeast comer of said remainder of 11.424 acre tract;
THENCE: S 78° 58' 02" E along the south line of FM 158 for a distance of 180.05 feet to a brass right-of-
way marker found marking an angl 3 point in said line;
THENCE: S 73° 52' 00" E continuirl;;i along the south line of FM 158 for a distance of 204.62 feet to a
5/8 inch iron rod set marking the mm;t northerly east comer of this herein described tract, for reference
a bras right-of-way marker found b1~ars: S 73° 52' 00" E for a distance of 111.16 feet;
THENCE: through said remainder of 113.67 acre tract for the following calls:
S 41° 46' 43" W for a distance of 2!3'1.94 feet to a 5/8 inch iron rod set;
S 89° 47' 28" W for a distance of 8!5 .00 feet to a 5/8 inch iron rod set;
S 41° 57' 03" W for a distance of 61 ;~.10 feet to a 5/8 inch iron rod set;
File No.: -143866A
STEWART TITLE GUARANTY COMPANY
SCHEDULE A
(Continued)
S 46° 1 O' 45" E for a distance of 3~;6.59 feet to a 5/8 inch iron rod set;
N 78° 17' 11" E for a distance of 3~if.88 feet to a 5/8 inch iron rod set;
Policy No.: 0-5841-257881
S 48° 48' 29" E for a distance of 26 3.84 feet to a 5/8 inch iron rod set on the northwest line of State
Highway No. 30 marking the most southerly east corner of this herein described tract, for reference a
Y2 inch iron rod found marking an ec:1st comer of said remainder of 113.67 acre tract and the south comer
of a called 1.88 acre tract described as tract 2 by a deed to Brazos Super Trac, Inc. recorded in Volume
3644, page 256 of the Official Public Records of Brazos County, Texas, bears: N 45° 18' 20" E for a
distance of 333.00 feet;
THENCE: S 45° 18' 20" W along t'1•3 northwest line of State Highway No. 30 for a distance of 738.60
feet to a Yi inch iron rod found marking the beginning of a curve to the left having a radius of 5789.58
feet;
THENCE: along said curve throu~1h a central angle of 02° 58' 11" for an arc distance of 300.07 feet
(chord bears: S 43° 49' 15" W -300.1)4 feet) to a Yi inch iron rod found marking the ending point of said
curve;
THENCE: S 42° 20' 10" W continuing along the northwest line of State Highway No. 30 for a distance
of 1681 .59 feet to the POINT OF BEGINNING containing 98.202 acres of land, more or less.
File No.: ·143866A
STEW AFT TITLE GUARANTY COMPANY
SCHEDULE B
EXCEPTIONS FROM COVERAGE
Policy No.: 0-5841-257881
THIS POLICY DOES NOT INSURE AGAll\ST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY
COSTS, ATTORNEYS' FEES OR EXPENSES) THAT ARISE BY REASON OF THE TERMS AND
CONDITIONS OF THE LEASES OR EASEl\/1ENTS, IF ANY, SHOWN IN SCHEDULE A AND THE FOLLOWING
MATTERS:
1. THE FOLLOWING RESTRICTIVE COVENANTS OF RECORD ITEMIZED BELOW (THE COMPANY
MUST EITHER INSERT SPECIFIC RECORDING DATA OR DELETE THIS EXCEPTION):
Item No. 1 is hereby deleted in its entirety.
2. ANY DISCREPANCIES, CONFLICTS, OR SHORTAGES IN AREA OR BOUNDARY LINES, OR ANY
ENCROACHMENTS OR PROTRL SIONS, OR ANY OVERLAPPING OF IMPROVEMENTS.
3. HOMESTEAD OR COMMUNITY PHOPERTY OR SURVIVORSHIP RIGHTS, IF ANY, OF ANY SPOUSE
OF ANY INSURED.
4. ANY TITLES OR RIGHTS ASSERTED BY ANYONE, INCLUDING, BUT NOT LIMITED TO, PERSONS,
THE PUBLIC, CORPORATIONS, GOVERNMENTS OR OTHER ENTITIES.
A. TO TIDELANDS, OR LANDS COMPRISING THE SHORES OR BEDS OF NAVIGABLE OR
PERENNIAL RIVERS AND ST~EAMS, LAKES, BAYS, GULFS OR OCEANS, OR
B. TO LANDS BEYOND THE LINE 8F THE HARBOR OR BULKHEAD LINES AS ESTABLISHED OR
CHANGED BY ANY GOVERNMENT, OR
C. TO FILLED-IN LANDS, OR ARTIFICIAL ISLANDS, OR
D. TO STATUTORY WATER RIGHTS, INCLUDING RIPARIAN RIGHTS, OR
E. TO THE AREA EXTENDING FROM THE LINE OF MEAN LOW TIDE TO THE LINE OF
VEGETATION, OR T HE RIGHTS OF ACCESS TO THAT AREA OR EASEMENT ALONG AND
ACROSS THAT AREA.
5. STANDBY FEES, TAXES AND ASSESSMENTS BY ANY TAXING AUTHORITY FOR THE YEAR 2006,
AND SUBSEQUENT YEARS; AND SUBSEQUENT TAXES AND ASSESSMENTS BY ANY TAXING
AUTHORITY FOR PRIOR YEARS DUE TO CHANGE IN LAND USAGE OR OWNERSHIP, BUT NOT
THOSE TAXES OR ASSESSMENTS FOR PRIOR YEARS BECAUSE OF AN EXEMPTION GRANTED
TO A PREVIOUS OWNER OF THE PROPERTY UNDER SECTION 11 .13, TEXAS TAX CODE, OR
BECAUSE OF IMPROVEMENTS N•)T ASSESSED FOR A PREVIOUS TAX YEAR.
6. THE FOLLOWING MATTERS AND ALL TERMS OF THE DOCUMENT CREATING OR OFFERING
EVIDENCE OF THE MATTERS ('JllE MUST INSERT MATTERS OR DELETE THIS EXCEPTION.):
a. Vendor's Lien retained in Deed dated August 17, 2006, executed by Jimmy Easterly to The Summit
Crossing, LLC, securing the pafment of one note of even date therewith in the principal amount of
$1,000,000.00, payable to The Brenham National Bank, and said note being additionally secured
by deed of trust of even date therewith to Michael R. Rudloff, Trustee, said Deed of Trust filed for
record in the Office of the County Clerk of Brazos County, Texas, on August 24, 2006, under Clerk's
File No. 938466 and recorded in Volume 7545, page 1, Official Records of Brazos County, Texas,
and being subject to all of the te:rms, conditions and stipulations contained in said note and deed of
trust.
b. Rights of Parties in Possession.
c. Easements, or claims of easememts, which are not recorded in the public records.
Fiie No.: .143866A
STEW AFC TITLE GUARANTY COMPANY
SCHEDULE B
(Continued) Policy No.: 0-5841-257881
d. Service Utilities and appurtenant facilities as depicted on survey plat prepared by Brad Kerr,
Registered Professional Land Surveyor, State of Texas, No. 4502, dated August 9, 2006.
e. Right-of-Way Easement from E. U. Peters, et ux to The City of Bryan, acknowledged May 1, 1937,
recorded in Volume 98, page ~!Ct, Deed Records of Brazos County, Texas and noted as a blanket
easement on survey plat prepared by Brad Kerr, Registered Professional Land Surveyor, State of
Texas, No. 4502, dated August 9, 2006.
f. Right-of-Way Easement from :hester A. Jones, et ux to The City of Bryan, dated April 2, 1937,
recorded in Volume 98, page 184, Deed Records of Brazos County, Texas and noted as a blanket
easement on survey plat prepared by Brad Kerr, Registered Professional Land Surveyor, State of
Texas, No. 4502, dated September 9, 2006.
g. Easement from E. U. Peters, e:t ux to Magnolia Pipe Line Company, dated October 30, 1946,
recorded in Volume 127, page t:.11, Deed Records of Brazos County, Texas; as defined in Partial
Release Agreement dated July ·11, 1980, recorded in Volume 108, page 175, Release Records of
Brazos County, Texas and depicted as a 60' Pipeline Easement running through the southwest
portion of the tract and as shown on survey plat prepared by Brad Kerr, Registered Professional
Land Surveyor, State of Texas, No. 4502, dated August 9, 2006.
h. Right-of-Way Easement from 0 . C. Cooper to Wixon Water Supply Corporation, dated September
25, 1971, recorded in Volume ~;(19, page 670, Deed Records of Brazos County, Texas and noted as
a blanket easement on survey plat prepared by Brad Kerr, Registered Professional Land Surveyor,
State of Texas, No. 4502, dated August 9, 2006.
i. Easement and Right-of-Way from Lieven J. Van Riet, Trustee, etal to Texas Municipal Power
Agency, dated October 26, 1 f 17'9, recorded in Volume 439, page 301, Deed Records of Brazos·
County, Texas and depicted a8 3 70' Electrical Easement running through the southwest portion of
the tract and as shown on sJrvey plat prepared by Brad Kerr, Registered Professional Land
Surveyor, State of Texas, No. 4502, dated August 9, 2006.
j. Easement from David Hart, Trustee to The City of College Station, dated September 8, 1981,
recorded in Volume 494, page 11, Deed Records of Brazos County, Texas and as noted on survey
plat prepared by Brad Kerr, Renistered Professional Land Surveyor, State of Texas, No. 4502, dated
August 9, 2006.
k. Utility Easement from Carrara Partnership to The City of College Station, dated March 7, 1984,
recorded in Volume 660, page 606, Official Records of Brazos County, Texas and depicted as a 20'
Utility Easement running along E.tate Highway No. 30 and as shown on survey plat prepared by Brad
Kerr, Registered Professional Land Surveyor, State of Texas, No. 4502, dated August 9, 2006.
I. Utility Easement from Carrara :;,artnership to The City of College Station, dated June 26, 1984,
recorded in Volume 698, page E61, Official Records of Brazos County, Texas and depicted as a 20'
Utility Easement running along F.M. 158 and as shown on survey plat prepared by Brad Kerr,
Registered Professional Land Surveyor, State of Texas, No. 4502, dated August 9, 2006.
m. Utility Easement from Carrara Partnership to The City of College Station, dated September 15, 1988,
recorded in Volume 1075, page: 197, Official Records of Brazos County, Texas and depicted as a
20' Utility Easement running a ong F.M. 158 and as shown on survey plat prepared by Brad Kerr,
Registered Professional Land ~iurveyor, State of Texas, No. 4502, dated August 9, 2006.
Fiie No.: 143866A
STEWART TITLE GUARANTY COMPANY
SCHEDULE B
(Continued) Policy No.: 0-5841-257881
n. Public Utility Easement from Carrara Partnership to City of College Station, Texas, dated March 13,
2002, recorded in Volume 471 !5, page 104, Official Records of Brazos County, Texas and depicted
as a 20' Utility Easement runn r g along F.M. 158 and as shown on survey plat prepared by Brad
Kerr, Registered Professional _;3nd Surveyor, State of Texas, No. 4502, dated August 9, 2006.
o. Mineral reservation in Deed frcn Lieven J. Van Riet, Trustee to L&N Land Corp., dated March 20.
1981, recorded in Volume 4 76 . page 764, and corrected in Volume 488, page 584, Deed Records
of Brazos County, Texas; subject to the terms and conditions of surface waiver contained therein.
Title to this reservation has noi: been traced subsequent to the date of the above-cited instrument.
p. Mineral reservation in Deed from Robert Van Riet, et ux to L&N Land Corp., dated March 20 , 1981 ,
recorded in Volume 476, page i'i'O, Deed Records of Brazos County, Texas; subject to the terms and
conditions of surface waiver contained therein. Title to this reservation has not been traced
subsequent to the date of the above-cited instrument.
q. Est~te created by Oil and Gas Leases from Carrara Corp., et al to SS&H Oil Company, dated July
31, 1981 and August 19, 1981, rgcorded in Volume 42, pages 48 and 51, O&GL Records of Brazos
County, Texas. Title to these IE!c:1ses has not been traced subsequent to the date of the above-cited
instrument.
r. Estate created by Oil and Gas L1~ase from Lieven J. Van Riet, et al to Baker Exploration Company,
dated May 10, 1986, recorded in Volume 889, page 593, Official Records of Brazos County, Texas.
Title to this lease has not been traced subsequent to the date of the above-cited instrument.
s. Estate created by Oil and Gas Lease from Lieven J. Van Riet, et al to The Great Texas Petroleum
Co., Inc., dated February 22, 1 BB1 , recorded in Volume 1239, page 769, Official Records of Brazos
County, Texas. Title to this lem;e has not been traced subsequent to the date of the above-cited
instrument.
t. Estate created by Memorandum of Oil and Gas Leases from Isabel Harte Trust No. 1, et al to Baker
Exploration Company, dated August6, 1991 , recorded in Volume 1323, pages 217, 219 and 221,
Official Records of Brazos Coun-ty, Texas. Title to these leases has not been traced subsequent to
the date of the above-cited ins·mment.
u. All oil, gas and other minerals in and under the herein described property, together with any rights
of ingress and egress, mining or drilling privileges heretofore reserved or conveyed by predecessors
in title. There is expressly excluded from coverage hereunder, and this Company does not insure,
title to oil, gas and other mineral::; of every kind and character, in, on and under the property herein
described.
v. The Tax Certificate furnished 'J'.f the taxing authorities is issued on real estate only. It does not
include minerals and/or personal property, therefore, no liability is assumed herein for the payment
of said mineral and/or personal property tax.
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-) ' OWNER1S POLICY OF TITLE INSURANCE ISSUED BY
c§!!!'!'!~
SUBJECT TO THE EXCLUSIONS FROM COVEF:AGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company,
insures, as of Date of Policy shown in Schedule A, anainst loss or damage, not exceeding the Amount of Insurance stated in Schedule A,
sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Sched Jli~ A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title
3. Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or material having its inception on or before
Date of Policy;
4. lack of a right of access to and from the land.
5. lack of good and indefeasible title.
The Company also will pay the costs, attorneys' fens and expenses incurred in defense of the title, as insured, but only to the extent
provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, Stewart Title Guarancy Company has caused this policy to be signed and sealed by its duly authorized
officers as of the date of Policy shown in Schedule A.
OS COUNIY ABSTRACT COMP.ANY
mpany
Coll ege Station, Texas
City, state
EXCLUSIONS FROM COVERAGE
' The following matters are expressly excluded from the coveraiw cf this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which
arise by reason of:
1. (a) Arty law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting or relating to (ij the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected
on the land; (iii) a separation in ownership or a change in lhe dimensions or area of the land or ·any parcel of which the land is or was a part; or (iv)
environmental protectiOn, or the effect of any \~olation of thesu hws, ordinances or governmental regulations, except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien or encumbrance resulting f 'Om a violation or alleged violation affecting the land has been recorded in the public records at Date_
of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affoding the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise there,f has been recorded in the public records at Date of Policy, but not excluding from coverage any
taking that has occurred prior to Date of Policy which would be linding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other mattf'l's:
(a} created, suffered, assumed or agreed to by the insured oaimant;
(b} not known to the Company, not recorded in the publ ic records at Date of Policy, but known to the insured claimant and not disclosed in writing to the
Company by the insured claimant prior to the date the insured claimant became an insured.under this policy;
(c} resulting in no loss or damage to the insured claimant;
( d} attaching or created subsequent to Date of Policy;
(e) resulting in loss or damage which would not have been !.ustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of
unmarketability of the ti~e.
5. Any claim, which arises out of the transaction vesting in the pe -son named in paragraph 3 of Schedule A the estate or interest insured by this policy, by reason of
,he operation of federal bankruptcy, state insolvency, or other stat~ of federal creditors' rights laws, that is based on either (i) the transaction creating the estate or
interest Insured by this Policy being deemed a fraudulent conv11yance or fraudulent transfer or a voidable distribution or voidable dividend, (ii) the subordination
or rechorocterization of the estate or interest insured by this Policy as o result of the application of the doctrine of equitable subcoordinotion, or (iii) the transaction
creating the estate or interest insured by this Policy being detm1ed a preferential transfer except where the preferential transfer results from the failure of the
Company or its issuing agent to timely file for record the instrumont of tronsfer to the insured ofter delivery or the failure of such recordotion to import notice ta o
. urchoser for value or o judgment or lien creditor.
---------~:i/~1 01 --.n~_Jh~O~Ai-1~-~./~~.~-~. ~. -~~IJ-ll-1!---ll~-11-1-fllPJJlfl~~
The following terms when used in this policy mean:
(o) "insured": the insured named in Schedule fl., and, subject ID any rights or
defenses the Company would have had against the named insure l, those who
succeed to the interest of the named insured by operation of law os distinguished
from purchase including, but not limited to, heirs, distributees, devis11es, survivors,
personal representatives, next of kin, or corporate, portnershijl or fiduciary
successors. and specifically, without limitations, the following:
• . . Ii) the ~uccesso!s in interest to o corporation, limited tiabifity co npony or limited
hobrhty portnershrp resulting from merger or consolidation or conversion or t i1 distribution of
the ~ssets of the coryorati~n or limited liobifity company or limited liobifity ic rtnership upon portrol or complete hquidotron;
(ii) the successors in interest to a general or limited partnership or lrnited liability company or limited liability partnership which dissolves but does nit terminate;
(iii) the successors in interest to o general or limited portm!f::hip resulting
from the distribution of the assets of the general or limited partnership upon partial
or complete liquidation;
(iv) the successors in interest to o joint venture resulting from the
distribution of the assets of the joint venture upon f artiol or complete iquidation;
(v) the successor or substitute trustee(s ol a trustee noml!d in o written
trust instrument; or
(vi) the successors in interest to a trustee or trust resu ting from the
distribution of all or part of the assets of the trust to the beneficiaries thereof.
lb) "insured claimant": an insured claiming loss or damage.
c) "knowledge" or "known": actual knowledge, not constructive ~ nowledge or
notice that may be imputed to an insured by reason of the public records as defined
in this policy or any other records which impart constructive norw of matters
affecting the land.
(d) "land": the land described ar referred ta in Schedule A, and inprovements
affixed thereto that by law constitute real property. The term "land" d >es not include
any property beyond the lines af the area described or referred to in Schedule A, nor
any right, title, interest, estate or easement in abutting streets, mads, avenues,
alleys, lanes, ways or waterways, but nothing herein shall modify or lirr it the extent
to which a right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or o!her security
instrument.
(0 "public records": records established under state statutes at !l.ite of Policy
for the purpose of importing constructive notice of matters relating to ml property to
purchasers for value and without knowledge. With respect to Section 1 ~a)(iv) of the
Exclusions From Coverage, "public records" also shall include er vironmental
protection liens filed in the records of the clerk of the Unitad States district court for
the district in which the land is located.
(g) "access" : legal right of access lo the land and not the physinl condition of
access. The cover.age provided as to access does not assure the adequacy of access for
the use intended.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in favor of
on insured only so long as the insured retains an estate or interest in the land, or
holds an indebtedness secured by o purchase money mortgage given hy o purchaser
from the insured, or only so long as the insured shall have liabilil} t y reason of
covenants of warranty made by the insured in any transfer or came1ance of the
estate or interest. This policy shall not continue in force in favor of ary purchaser
from the insured of either (i) an estate or interest in the land, or (ii) arr i 1debtedness
secured by a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Campany promftly in writing (i) in case of any
litigation as set forth in Section 4(a) below or, (ii in rose knowledge sl1all come to
an insured hereunder of any claim of title or interest that is adverse to th~ title to the
estate or interest, as insured, and that might cause loss or damage for which the
Company may be liable by virtue of this policy. If f romp! notice shall rot be given to
lhe Com pony, then as to the insured all liability a the Company shall . erminate with
regard to the matter or matters for which prompt notice is requhec; provided,
however, that failure to notify the Company shall in no case prejudim the rights of
any insured under this policy unless the Company shall be prejudiced br the failure
ond then only to the exlent of the prejudice.
When, after the Date for the Policy, the insured notifies the Company as
required herein of a lien, encumbrance, adverse claim or other defect in title to the
estate or interest in the land insured by this policy that is not exclud1!d or excepted
from the coverage of this policy, the Company shall promptly investignte the charge
to determine whether the lien, encumbrance, adverse claim or defect is vulid and not
barred by law or stat~te. The Company shall notify the insured in writing, within a
reasonable lime, ol ifs deterr11i11olio11 os lo tlie volidily or invalidity oi tl1e insured's
claim or charge· under Jhe policy. If the Company concludes thal the lien,
encumbrance, adverse claim or defect is not covered by this policy, or Nos otherwise
nrlrlrnm!rl in thl! rln(inn nf thl! trnntnrlinn in rnnnPrtiM 111ith whirh thic nnlirv wnc
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the necessary proceedings to clear the lien, encumbrance, adverse claim or defect
from the title to the estate as insured; (ii) indemnify the insured os provided in this
policy; (iii) upon payment of appropriate premium and charges therefor, issue to the
insured claimant or to a subsequent owner, mortgagee or holder af the estate or
interest in the land insured by this policy, a policy of title insurance without exception
for the lien, encumbrance, adverse claim or defect, said policy to be in on amount
equal to the current value of the property or, if a mortgagee policy, the amount of
the loan; (iv) indemnify another title insurance company in connection with ifs
issuance of a policy(ies) of title insurance without exception for the lien,
encumbrance, adverse claim or defect; (v) secure a release or other document
discharging the lien, encumbrance, adverse claim or defect; or (vi) undertake a
combination of (i) through (v) herein.
4 DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO
COOPERATE.
(a) Upon written request by the insured and subject to the options contained in
Section 6 of these Conditions and Stipulations, the Company, ot ifs own cost and
without unreasonable delay, shall provide for the defense of an insured in litigation
in which any third party asserts a claim adverse to the title or interest as insured, but
only as to those stated causes of action alleging o defect, lien or encumbrance or
other matter insured against by this policy. The Company shall have the right to
select counsel of its choice (subject to the right of the insured lo object for reasonable
cause) to represent the insured as to those stated causes of action and shall not be
liable for and will not pay the fees of any other counsel. The Company will not pay
any fees, casts or expenses incurred by the insured in the defense of those causes of
action that allege matters not insured against by this policy.
(b) The Company shall hove the right, at its own cost, to institute and prosecute
any action or proceeding or to do any other act that in ifs opinion may be necessary
or desirable to establish the title to the estate or interest, os insured, or to prevent or
reduce loss or damage to the insured. The Company may take any appropriate
action under the terms of this policy, whether or not it shall be liable hereunder, and
shall not thereby concede liability or waive ony provision of this policy. If the
Company shall exercise it rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought on action or interposed a
defense as required or permitted by the provisions of this policy, the Company may
pursue any litigation to final determination by a court of competent jurisdiction and
expressly reserves the right, in its sole discretion, to appeal from any adverse
judgment or order.
(d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the insured shall secure to the
Company the right to so prosecute or provide defense in the action or proceeding,
and all appeals therein, and permit the Company to use, at its option, the name of
the insured for this purpose. Whenever requested by the Company, the insured, at
the Company's expense, shall give the Company all reasonable aid (i) in ony action
or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the
action or proceeding, or effecting settlement, and (ii) in any other lawful act that in
the opinion of the Company may be necessary or desirable to establish the title to the
estate or interest as insured. If the Company is prejudiced by the failure of the
insured to furnish the required cooperation, the Company's obligations to the insured
under the policy shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, with regard to the matter ar matters requiring
such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Conditions
and Stipulations hove been provided the Company, a proof of loss or damage signed
and sworn to by the insured claimant shall be furnished to the Company within 91
days after the insured claimant shall ascertain the facts giving rise to the loss or
damage. The proof of loss or damage shall describe the defect in, or lien or
encumbrance on the title, or other matter insured against by this policy that
constitutes the basis of loss or damage and shall stole, to the extent possible, the
basis of calculating the amount of the loss or damage. If the Company is pre,·udiced
by the failure of the insured claimant la provide the required proof of oss or
damage, the Company's obligations lo the insured under the policy shall terminate,
including any liability or obligation lo defend, prosecute, or continue any litigation,
with regard to the matter or matters requiring such proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company ond shall
produce for examination, inspection and copying, of such reasonable times and
places as may be designated by any authorized representative of the Company, all
records, books, ledgers, checks, correspondence and memoranda, whether bearing a
date before or after Dale of Policy, which reasonably pertain to the loss or damage.
Further, i( requested by any authorized represer,falive of the Company, the insured
claimant shall grant its permission, in writing, for any authorized representative of
tho r nmnnnu tn avnmina inC"nort nn..I "'"" nll .. o.rnr,a,. "°'""l,r 1,,.,1,.,.;,., ,J.l'U'Lr
Unless prohibited by opplicable low or unless this orbitmtion section is deleted
by specific provision ill Srhedul~ B oJ this poli9', either the Company or the insured
may demand arbftnilion' purs6tmno the Title Insurance Arbitration Rules of the
American Arbitration Associolion. Arbitroble molters may include, but are not
limited to, any controversy or claim between the Company and the Insured arising
out of or relating to this folicy, any service of the Company in connection with its
issuance or the breach o a policy provision or other obligation. All arbitroble
matters when the Amount of Insurance is $1,000,000 or less SHALL BE arbitrated at
the request of either the Company or the insured, unless the insured is an individual
person {as distinguished from a corporation, trust, partnership, association or other
legal entity). All orbitroble matters when the Amount of Insurance is in excess of
$1 ,000,000 shall be arbitrated only when agreed to by both the Company and the
Insured. Arbitration pursuant to this policy and under the Rules in effect on the date
the demand for arbitration is mode or, at the option of the insured, the Rules in
effect al Date of Policy shall be binding upon the parties. The award may include
attorney's fees only if the laws of the state in which the land is located permit a court
to award attorneys fees to a prevailing party. Judgment upon the award rendered
by the Arbitralor{sl may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to on arbitration under the Tiiie
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by the
.. . . ' ~-*= . -"'c r ~.,
' . • •
_ .... ,..-... , ·-···--·····-r-.... 1 -··-._._ ......... , .,, ...... vv11 '"""' "'"'"'"'" wnu '"" '-""'t"'"f• u1 interpreting nny provision of this policy, this policy shall be construed as a whole.
(b) Ary claim of loss or damage, whethe~ or_ no!.kos!!d on negligence, and
which oris1:S nut of the status of the title to the estate or interest covered hereby or By
any odion as;erling such claim, shall be reslrided lo this policy.· •
(c) llo amendment of or endorsement to this policy can be made except by a
writing emlo1 semen! hereon or attached hereto signed by either the President, a Vice
President, th~ Secretory, an Assistant Secretary, or validating officer or authorized
signatory of the Company.
16. SEVER ~E I LITY.
In th1i E·vent any provision of the policy is held invalid or unenforceable under
applicable la1v, the policy shall be deemed not to include that provision and all other
provisions :;hnll remain in full force and effect.
17. NOTIC:S. WHERE SENT.
All n llices required to be given the Company and any statement in writing
required tc te furnished the Company shall include the number of this policy and
shall be ad foissed to the Company at P.O. Box 2029, Houston, Texas 77252-2029.
COMl'L\INT NOTICE.
Should any dispute arise about your premium or about a claim that you have
filed, conla·:t .. he agent or write to the Company that issued thefolicy. If the problem
is not resolved, you also moy write the Texas Deportment o Insurance, P.O. Box
149091, Aust n, TX 78714-9091, Fax No. {512) 475-1771. This notice of complaint
procedure is :or information only and does not become a part or condition of this
policy.
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by the insured cloimo11t ~rovided to the Company pursuant lo this Se :tion shall not
be disclosed lo lllhers unlliss, ~n the reasonable judgment of the (om pony, it is
necessary in the administration of the claim. Failure of the insurEd claimant to
submit for examination under oath, produce other reasonably request11d information
or grant permission to secure reasonably necessary information from tiird parties as
required in this paragraph shall terminate any liability of the Comp11nr under this
policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SIDLE CLAIMS; TERMIMATION OF
LIABILITY.
In case of a claim under this policy, the Company shall have tt e following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the omount of insurance und ?( this policy,
together with any costs, attorneys' fees and expenses incurred bf the insured
claimant, which were outhorized by the Company, up to the lime of payment or
tender of payment and which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and ahligalians to
the insured under this policy, other than lo make the payment required, shall
lerminale, including any liability or obligation to defend, prosecute, o continue any
litigation, and the policy shall be surrendered to the Company for canwll111ion.
· (b) To Pay or Otherwise Settle With Parties Other than the lusued or With
the Insured Claimant.
(i) lo pay or otherwise settle with other parties for or ii I he name of
an insured claimant any claim insured against uncler this policy, togult er with any
costs, attorneys' fees and expenses incurred by the insured claimant which were
authorized by the Company up to the time of payment and which the Company is
obligated to pay; or
(ii) to pay or otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any casts, attornt ys' fees and
expenses incurred by the insured claimant, which were authorized by the Company
up to the time of payment and which the Company is obligoled to pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs (bl(i) or (ii), the Company's obligations to the insured und11r this policy
for !he claimed loss or damage, other then the payments required to he made, shall
terminate, including any liability or obligation to defend, prosecute a· 1ontinue any
litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against acluol monetary los:; or damoge
sustained or incurred by the insured claimant who has suffered loss or damage by
reason of matters insured against by this policy and only to the eKlent herein
described.
of:
(a) The liability of the Company under this policy shall not ei:rned the least
(i) the Amount of Insurance slated in Schedule A;
{iii the difference between the value of the insured eslafii 1ir interest as
insured and the value of the insured estate or interest subject to the d ~feet, lien or
encumbrance insured against by this policy at the dale the insumd claimant is
required to furnish to Company a proof of loss or damage in occordon :e with Section
5 of these Conditions and Stipulations.
(b) In the event the Amount of Insurance stated in Schedule A at the Dote of
Policy is less !hon 80 percent of the value of the insured estate or interns! or the full
consideration paid for the land, whichever is _ less, or if subsequent :o the Date of
Policy and improvement is erected on the land which increases th1! value of the
insured estate or interest by al least 20 percent aver the Amount of Insurance stated
in Schedule A, then this Policy is subject to the following:
(il where no subsequent improvement has been ma fo, as to any
partial loss, the Company shall only pay the loss pro rota in the prop J1tion that the
amount of insurance at Date of Policy bears lo the total value of the in;ured estate or
interest at Date of Policy; or
{ii) where o subsequent improvement has been made, a! .. o any partial
loss, the Company shall only poy the loss pro ralo in the proportion tho t 120 percent
of the Amount of Insurance stated in Schedule A bears to the sum of ~1e Amount of
Insurance stoled in Schedule A and the amount expended for the impruremenl.
The provisions of this paragraph shall not apply lo costs, attorney's fees and
expenses for which the Company is liable under this policy, and shol only apply ta
that portion of any loss which exceeds, in the aggregate, 10 percent of t 1e Amount of
Insurance stated in Schedule A.
(cl The Company will pay only those costs, attorney's fees 11nd expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule· A cansistrnf two or rilof'e porer.ls that are not
used as a single site, and a loss is established affecting one or mare of the parcels
but not all, the loss shall be computed and settled an a pro rota basis as if the
amount of insurance under this policy was divided pro rota as to the value an Dote of
Policy al each separate parcel to the whole, exclusive of any improvements made
subsequent ta Date of Policy, unless a liability or value has otherwise been agreed
upon as ta each parcel by the Campany and the insured at the time of the issuance of
this policy and shown by an express statement or by an endorsement attached to this
policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect, lien or
encumbrance, or cures the lack of a right of access to or from the land, all as insured,
or lakes action in accordance with Section 3 or Section 6, in a reasonably diligent
manner by any method, including litigation and the completion of any appeals
therefrom, it shall have fully performed its obligations with respect ta that matter
and shall not be liable for any lass or damage <aused thereby.
{b) In the event of any litigation, including litigation by the Company or with
the Company's consent, the Company shall have no liability for loss or damage until
there has been a final determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title as insured.
{c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without the
prior written consent of the Campany.
10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' fees
and expenses, shall reduce the amount of insurance pro tanta.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of iJJsurance under this policy shall
be reduced by any amount the Campany may pay under any policy insuring a
mortgage ta which exception is taken in Schedule B or to which the insured has
agreed, assumed or taken subject, or which is hereafter executed by an insured and
which is a charge or lien on the estate or interest described or referred to in Schedule
A, and the amount so paid shall be deemed a payment under this policy to the
insured owner.
12. PAYMENT OF LOSS.
(a) Na payment shall be made without producing this policy for endorsement
of the payment unless the policy has been lost or destroyed, in which case proof of
loss or destruction shall be furnished to the satisfaclian of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed
in accordance with these Conditions and Stipulations, the loss or damage shall be
payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR smLEMENT.
(al The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this policy,
all right of subrogaHan shall vest in the Camponr unaffected by any act of the
insured claimant.
The Company shall be subrogaled lo and be entitled to all rights and remedies
that the insured claimant would have had against any person or property in respect
to the claim had this policy nor been issued. If requested by the Company, the
insured claimant shall transfer ta the Campany all rights and remedies against any
person or property necessary. in order to perfect this right of subrogation. The
insured claimant shall permit the Company lo sue, compromise or settle in the name
of the insured claimant and to use the name of the insured claimant in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the insured
claimant, the Campany shall be subrogated to these rights and remedies in the
proportion which the Company's payment bears to the whole amount of the loss.
If loss should result from any act of the insured claimant, as stated above, that
act shall not void this policy, but the Company, in that event, shall be required to pay
only that part of any losses insured against by this policy that shall exceed the
amount, if any, last lo the Company by reason of the impairment by the insured
claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligars shall exist
and shall include, without limitation, the rights of the insured ta indemnities,
guarantws, other policies of insurance or bonds, notwithstanding any terms or
conditions contained in those instruments that provide for subrogation rights by
reason of this policy.
Premium: $2,085.00 1201
COMMONWEAL TH LAND TITLE INSURANCE COMPANY
SCHEDULE A
P-L
File No.: 144897A Policy No.: 175-0027570
Issued With: 535-1085319
POLICY AMOUNT: $320,000.00
POLICY DATE: November 6, 2006 at 03:28 PM
1. NAME OF INSURED:
THE SUMMIT CROSSING, LLC
2. WE INSURE YOUR INTEREST IN --HE LAND COVERED BY THIS POLICY IS:
FEE SIMPLE
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
THE SUMMIT CROSSING, LLC
4. LEGAL DESCRIPTION OF THE LA \JD:
All that certain tract or parcel of land lying and being situated in the J. W. SCOTT SURVEY, Abstract No.
49, College Station, Brazos County, Texas. Said tract being a portion of a called 46.19 acre tract as
described by a Deed to Diane Peters, 1:::. Duane Peters and Patricia Kay Peters, recorded in Volume 223,
page 111, Deed 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 southeast line of FM 60 (120' R.O.W.) marking the west
comer of said 46.19 acre tract and the: North comer of Crescent Pointe, Tract One, according to the plat
recorded in Volume 5708, page 76, Official Records of Brazos County, Texas;
THENCE N 42° 1 O' 23" E along the southeast line of FM 60 for a distance of 619.42 feet to a point
marking the most northerly comer of ·:his herein described tract, for reference a 1/2 inch iron rod found
marking the north comer of said 46. 19 acre tract bears: N 42° 1 O' 23" E for a distance of 571 .95 feet;
THENCE S 52° 14' 42" E through sciid 46.19 acre tract for a distance of 1067 .16 feet to a point;
BRAZOS COUNTY ABSTRACT COMPANY
File No.: 144897A
COMMONWEAL TH LAND TITLE INSURANCE COMPANY
SCHEDULE A
(Continued) Policy No.: 175-0027570
THENCE N 43° 36' 31" E continuing through said 46.19 acre tract for a distance of 450.16 feet to a 1 /2
inch iron rod found marking the soL th comer of a called 35.91 acre tract as described by a Deed to
Robert Henry Conaway, Jr., recordml in Volume 2864, page 51, Official Records of Brazos County,
Texas and the west comer of a called 2.00 acre tract as descried by a Deed to Edward H. Harte or
Houston H. Harte or Joann Bennett mc:orded in Volume 507, page 568, Deed Records of Brazos County,
Texas;
THENCE S 45° 47' 51" E along the common line of said 46.19 acre tract and said 2.00 acre tract for a
distance of 593.53 feet to a 1/2 incf-iron rod found on the northwest line of the remainder of a called
113.67 acre tract as described by a Deed to Carrabba Partnership recorded in Volume 586, page 488,
Deed Records of Brazos County, Texas;
THENCE S 41° 39' 43" W along the common line of said 46.19 acre tract and said remainder of 113.67
acre tract for a distance of 1146.61 foet to a 1/2 inch iron rod found on the northeast line of a called
192.64 acre tract described as Exhibit "A" by a deed to College Main Apartments, Ltd., recorded in
Volume 3687, page 258, Official Re:ords of Brazos County, Texas;
THENCE N 46° 34' 47" W along the Gommon line of said 46.19 acre tract and said 192.64 acre tract and
Crescent Pointe, Tract One, for a dis1ance of 1269.44 feet to a 24 inch Oak Tree found marking an angle
point in said line;
THENCE N 45° 21' 30" W continuinn along the common line of said 46.19 acre tract and Crescent
Pointe, tract One, for a distance of 128.28 feet to a 24 inch Oak Tree found marking an angle point in
said line;
THENCE N 48° 12' 21" W continuinn along the common line of said 46.19 acre tract and Crescent
Pointe, Tract One, for a distance of I 132.98 feet to a 30 inch Oak Tree found marking an angle point in
said line;
THENCE N 55° 35' 26" W continuin!] along the common line of said 46.19 acre tract and Crescent
Pointe, Tract One, for a distance of 119.47 feet to the POINT OF BEGINNING, containing 31 .978 acres
of land, more or less.
COMMONWEAL TH LAND TITLE INSURANCE COMPANY
SCHEDULE B
File No.: 144897 A Policy No.: 175-0027570
EXCEPTIONS FROM COVERAGE
THIS POLICY DOES NOT INSURE AGAlf\ ST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY
COSTS, ATTORNEYS' FEES OR EXPEl\ISES) THAT ARISE BY REASON OF THE TERMS AND
CONDITIONS OF THE LEASES OR EASEMENTS, IF ANY, SHOWN IN SCHEDULE A AND THE FOLLOWING
MATTERS:
1. THE FOLLOWING RESTRICTIVE COVENANTS OF RECORD ITEMIZED BELOW (THE COMPANY
MUST EITHER INSERT SPECIFIC HECORDING DATA OR DELETE THIS EXCEPTION):
Item No. 1 is hereby deleted in its en1irety.
2. ANY DISCREPANCIES, CONFLICTS, OR SHORTAGES IN AREA OR BOUNDARY LINES, OR ANY
ENCROACHMENTS OR PROTRU810NS, OR ANY OVERLAPPING OF IMPROVEMENTS.
3. HOMESTEAD OR COMMUNITY PROPERTY OR SURVIVORSHIP RIGHTS, IF ANY, OF ANY SPOUSE
OF ANY INSURED.
4. ANY TITLES OR RIGHTS ASSERTED BY ANYONE, INCLUDING, BUT NOT LIMITED TO, PERSONS,
THE PUBLIC, CORPORATIONS, GOVERNMENTS OR OTHER ENTITIES.
A. TO TIDELANDS, OR LANDS COMPRISING THE SHORES OR BEDS OF NAVIGABLE OR
PERENNIAL RIVERS AND STREAMS, LAKES, BAYS, GULFS OR OCEANS, OR
B. TO LANDS BEYOND THE LINE OF THE HARBOR OR BULKHEAD LINES AS ESTABLISHED OR
CHANGED BY ANY GOVERN ME NT, OR
C. TO FILLED-IN LANDS, OR ARTIFICIAL ISLANDS, OR
D. TO STATUTORY WATER RIGHTS, INCLUDING RIPARIAN RIGHTS, OR
E. TO THE AREA EXTENDING FROM THE LINE OF MEAN LOW TIDE TO THE LINE OF
VEGETATION, OR THE RIGHTS OF ACCESS TO THAT AREA OR EASEMENT ALONG AND
ACROSS THAT AREA.
5. STANDBY FEES, TAXES AND ASSE8SMENTS BY ANY TAXING AUTHORITY FOR THE YEAR 2007,
AND SUBSEQUENT YEARS; AND SUBSEQUENT TAXES AND ASSESSMENTS BY ANY TAXING
AUTHORITY FOR PRIOR YEARS DUE TO CHANGE IN LAND USAGE OR OWNERSHIP, BUT NOT
THOSE TAXES OR ASSESSMENTS FOR PRIOR YEARS BECAUSE OF AN EXEMPTION GRANTED
TO A PREVIOUS OWNER OF THE PROPERTY UNDER SECTION 11 .13, TEXAS TAX CODE, OR
BECAUSE OF IMPROVEMENTS NQT ASSESSED FOR A PREVIOUS TAX YEAR.
6. THE FOLLOWING MATTERS AND ALL TERMS OF THE DOCUMENT CREATING OR OFFERING
EVIDENCE OF THE MATTERS (WE MUST INSERT MATTERS OR DELETE THIS EXCEPTION.):
a. Vendor's Lien retained in Deed d.3ted November 1, 2006, executed by Michael K. Davis to The
Summit Crossing, LLC, securinn 1he payment of one note of even date therewith in the principal
amount of $400,000.00, payable· ti) The Brenham National Bank, and said note being additionally
secured by deed of trust, security cigreement, fixtures, financing statement and assignment of rents
of even date therewith to Michael R.. Rudloff, Trustee, said Deed of Trust filed for record in the Office
of the County Clerk of Brazos County, Texas, on November 6, 2006, under Clerk's File No. 94557 4
and recorded in Volume 7675, pc:1ge 183, Official Records of Brazos County, Texas, and being
subject to all of the terms, condi1ions and stipulations contained in said note and deed of trust.
b. Rights of Parties in Possession.
c. Easements, or claims of easemHn ts, which are not recorded in the public records.
File No.: 144897A
COMMONWEAL TH LAND TITLE INSURANCE COMPANY
SCHEDULE B
(Continued) Policy No.: 175-0027570
d. Right-of-Way Easement from E. U. Peters et ux to City of Bryan, dated May 1, 1937, recorded in
Volume 98, page 90, Deed Recor:ls of Brazos County, Texas; and noted as a "blankef' easement
on survey plat prepared by Brad Kerr, Registered Professional Land Surveyor, State of Texas, No.
4502, dated October 26, 2006.
e. Easement from E. U. Peters el '.JX to Magnolia Pipe Line Company, dated October 30, 1946,
recorded in Volume 127, page 411, Deed Records of Brazos County, Texas and as amended by
instrument recorded in Volume 7!5i'3, page 51, Official Records of Brazos County, Texas; and shown
as a 50' pipeline easement on survey plat prepared by Brad Kerr, Registered Professional Land
Surveyor, State of Texas, No. 4fi02, dated October 26, 2006.
f. Electrical Easement and Right of Way Agreement from Diane Peters et at to Texas Municipal Power
Agency, dated May 29, 1985, reco1·ded in Volume 797, page 279, Official Records of Brazos County,
Texas; and as shown on survey pli3t prepared by Brad Kerr, Registered Professional Land Surveyor,
State of Texas, No. 4502, dated October 26, 2006.
g. Mineral reservation as set out in Easement and Right of Way Agreement from Diane Peters et al to
Texas Municipal Power Agency, elated May 29, 1985, recorded in Volume 797, page 279, Official
Records of Brazos County, Texas. Title to this reservation has not been traced subsequent to the
date of the above-cited instrument.
h. Mineral reservation in Deed from Diane Peters etat to Michael K. Davis, dated October 30, 2006 but
effective November 1, 2006, receircled in Volume 7674, page 142, Official Records of Brazos County,
Texas, subject to terms and co:iclitions of Waiver of Surface Use contained therein. Title to this
reservation has not been traced subsequent to the date of the above-cited instrument.
i. All oil, gas and other minerals in c nd under the herein described property, together with any rights
of ingress and egress, mining or d1illing privileges heretofore reserved or conveyed by predecessors
in title. There is expressly excluded from coverage hereunder, and this Company does not insure,
title to oil, gas and other minerals of every kind and character, in, on and under the property herein
described.
j. The Tax Certificate furnished by< the taxing authorities is issued on real estate only. It does not
include minerals and/or personal property, therefore, no liability is assumed herein for the payment
of said mineral and/or personal property tax.
~~?("'"
Commonweal h
Commomi·eufth Land Title Insurance Company is a member of the
LandAme1ica family of title insurance underwriters.
1
POLICY NUMBER
5-UGi:l. 10.
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND
STIPULATIONS, Commonwealth Land Title Insurance Comp<int. a Pennsylvania corpo1ation'. herein called the Company, insures, as of Date of Policy shown in
Schedule A, against loss or damage, not exceeding the Amourt of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A bein!1 1 ested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Any statutory or constitutional mechanic's, contractor's, or 1lilterialman's lien for tabor or material having its inception on or before Date of Policy;
4. Lack of a right of access to and from the land;
5. Lack of good and indefeasible title.
The Company also will pay the costs, ar.omeys' fees and e> penses incurred in defense of the title, as insured, but only to the extent provided in the Conditions
and Stipulations.
IN WITNESS WHEREOF, COMMONWEALTH LAND rlTLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto
affixed by its duly authorized officers, the Policy to beccinie valid when countersigned by an authorized officer or agent of the Company.
COMMONWEAL TH LAND TITLE INSURANCE COMPANY
By:
Secretary President
E>:CLUSIONS FROM COVERAGE
The following matters are expressly excluded from the c01·e1age of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses
which arise by reason of:
1 . (a) Any law, ordinance or governmental regulation (inc'u<ling but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or enjoym~nt of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected
on the land; (iii) a separation in ownership or a change in U ie dimensions or area of the land or any parcel or which the land is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws, ordi ia nces or governmental regulations, except to the extent that a notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resulting from a victa :ion or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (<•) above, except to the extent lhat a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation al feeling the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise th ~nof has been recorded in the public records at Date of Policy, but not excluding from coverage any
taking that has occurred prior to Date of Policy which wouhl lie binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other ma ters:
(a) created, suffered, assumed or agreed to by the insurej d aimant;
(bl not known to the Company, not recorded in the putlic records at Date of Policy, but known to the insured claimant and not disclosed in writing to the
Company by the insured claimant pr'or to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy;
(e) resulting in loss or damage that would not have been ;;ustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. The refusal of any person to purchase, lease or lend rncney on the estate or interest covered hereby in the land described in Schedule A because of
unmarketability or the title.
5. Any claim which arises out of the transaction vesting in the ~erson named in paragraph 3 of Schedule A the estate or interest insured by this policy, by reason of
the operation or federal bankruptcy, state insolvency, or o _h,ir state or federal creditors' rights laws that is based on either {i) the transaction creating the estate
or interest Insured by this Policy being deemed a fral dulent conveyance or fraudulent transfer or a voidable distribution or voidable dividend, (ii) the
subordination or recharacterization of the estate or intere:•t nsured by this Policy as a result of the application of the doctrine of equitable subordination or (iii)
the transaction creating the estate or interest insured by t ii:: Policy being deemed a preferential transfer except where the preferential transfer results from the
failure of the Company or its issuing agent to timely file lor record the instrument of transfer to the insured after delivery or the failure of such recordation to
impart notice to a purchaser for value or a judgment or lien creditor.
T<>Y:><: ()wn<>r Pnlir.v T-1 (RAV 4/4/0?\
CONDITIONS AN D STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured ": the insured named in Schedule A, and, subject to any r gt ts or defenses
the Company would have had against lhe named insured, those who succeec• I<• the interest of
lhe named insured by operation of law as distinguished from purchase includi, 1g. but not limited
to, heirs, distributees, devisees, survivors, personal represenlatives, next of kiri, or corporale,
partnership or fiduciary successors, and specifically, withoul limitalion, the follC1wing:
(i) the successors in inleresl to a corporation. limited llabillty ccmpany or limited
liabilily partnership resulting from merger or consolidalion c r conversion or the di:;tribulion of lhe
assets or the corporalion or limited liability company or limited liability partne·stiip upon partial
or complete liquidation;
(ii) the successors in inlerest to a general or limited partnership or limited liability
company or limited liability partnership which dissolves but does not terminate
(iii) lhe successors in interest to a general or limiled partnership re~ulling from the
dislribulion of the assels or lhe general or limited partnership upon pa1i<il or complele
liquidation:
(iv) the successors in interest to a joint venlure resulting from the ji!lribution of the
assets or the joint venture upon partial or complete liquidation;
(V) the successor or substitute trustee(s) of a lrustee named in a written trust
inslrument: or
(vi) the successors in interest to a trustee or trust resulling from th• distribution of au
or part or the assets of the trusl to the beneficiaries thereof.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge. not eor.structive knowle·lg l or notice that
may be impuled to an insured by reason of lhe public records as defined in lh s policy or any
olher records which impart constructive notice of matters affecting the land.
(d) "land": the land described or referred to in Schedule A. and improvemenls aff1Xed
thereto that by law conslilute real property. The term "land" does not indJd~ any property
beyond the lines of the area described or referred to in Sche.jule A, nor any r gt l, tille, interest,
estate or easement in abulling slreels, roads, avenues, alleys, lanes, ways ur .vaterways, but
nothing herein shall modify or limil the exlent to which a righl of access to an j 1rom the land is
insured by this policy.
(e) "mortgage": mortgage, deed or trusl, lrust deed, or other security inshiment.
(f) "public records": records established under stal!l stalutes at Date a.· Policy for the
purpose or imparting conslructive notice or mallers relaling to real property lo purchasers ror
value and without knowledge. With respect to Section 1 (a) (iv) of the El:clusions From
Coverage, "public records" also shall include environmental protection liens file• f in the records
of lhe clerk or the United States district court for the district in which the land is localed.
(g) "access": legal righl of access lo the land and nol the physical cond lion of access.
The coverage provided as to access does nol assure the adequacy of acCE ss for the use
inlended.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as or Date or Poli ;;y in favor of an
insured only so long as the insured relains an estate or interest in the l m:l, or holds an
indebtedness secured by a purchase money mortgage given by a purchaser from lhe insured.
or only so long as the insured shall have liability by reason or covenants of 11arranly made by
the insured in any transfer or conveyance or lhe estate or interest. This policy sh all not continue
in force in favor of any purchaser from the insured of either (i) an estate or in :e1 est in the land,
or (ii) an indebtedness secured by a purchase money mortgage given lo the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall nolify the company promplly in writing (i) in case of ar y liligalion as set
forth in Section 4(a) below, or (ii) in case knowledge shall come to an insured hi!reunder of any
claim of tille or interesl thal is adverse to the title to the estate or inlerest, as Insured, and that
might cause loss or damage for which lhe Company may be liable by virtue el this policy. If
prompt nolice shall not be given to the Company, then as to the insured al liability of the
Company shall terminate with regard to the matter or matters for which p1 ompl nolice is
required; provided, however, that failure to notify the Comp3ny shall in no C3se prejudice the
rig his of any insured under this policy unless the Company shall be prejudil:e j by the failure
and then only to the extenl of the prejudice.
When, after lhe dale of the policy, the insured notifies the Company as re~t ired herein of a
lien, encumbrance, adverse claim or other defect in lille lo the estate or ln.erest in lhe land
insured by this policy thal is not excluded or excepled from the coverage llf lhis policy, the
Company shall promptly investigate the charge lo delermine whether the lien, encumbrance,
adverse daim or defect Is valid and not barred by law or slatute. The Compa 1~ shall notify the
insured in wriling, within a reasonable time, of its determination as to the valic it;r or invalidity of
the insured's daim or charge under the policy. If the Company conduce:; that the lien,
encumbrance, adverse claim or defect is not covered by lhis policy, er was olherwise
addressed in the closing of the transaction in connection with which this policf NBS issued, the
Company shall specifically advise the insured or the reasons for its detenrinalion. If the
Company concludes that lhe lien, encumbrance, adverse claim or defect is v< lit!, the Company
shall take one of the following actions: (i) institute the necessary proceeding! t-> clear the lien,
encumbrance, adverse claim or defect from the lille to the estale as insured; (i ) indemnify the
insured as provided in this policy; (iii) upon payment of appropriate prem uin and charges
therefor. issue to the insured claimant or to a subsequent owner, mortgageu •>r holder of the
estate or interest in the land insured by this policy, a policy of title insurance Nithout exception
for the lien, encumbrance, adverse claim or defect, said policy to be in an arroimt equal to the
current value of the property or, if a mortgagee policy. the amounl of the lo 3r ; (iv) indemnify
anolher title insurance company in connection with its issuance of a policy(ies: c r title insurance
without exception for the lien, encumbrance, adverse claim or defect; (v) se :L re a release or
other document discharging lhe lien, encumbrance, adverse claim or defect; er ·vi) undertake a
combination or (i) through (v) herein.
4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSUREC 1;LAIMANT TO
COOPERATE.
(a) Upon written requesl by the insured and subject to the oplions cont< ired in Section 6
of these Conditions and Slipulations, the Company, at ils own cost and with )lrt unreasonable
delay, shall provide for the defense of an insured in liligation in which any third party asserts a
daim adverse lo the liUe or interest as insured, but only as to those slated causes of action
alleging a defect. lien or encumbrance or other mailer insured against by this policy. The
Company shall have lhe right lo select counsel or its choice (subject to the right of the insured
to object for reasonable cause) to represent the insured as to those stated causes of action and
shall not be liable for and will not pay the fees or any olher counsel. The Company will not pay
any fees, costs or expenses incurred by the insured in the defense of those causes of action
that allege matters not insured against by this policy.
(b) The Company shall have the righl, at ils own cost, to institute and prosecute any
action or proceeding or lo do any other act that in Its opinion may be necessary or desirable to
establish the title to the estate or interest, as insured, or to prevenl or reduce loss or damage to
the insured. The Company may take any appropriate action under the terms or this policy,
whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any
provision of lhis policy. If the Company shall exercise ils rights under this paragraph, it shall do
so diligenlly.
(c) Whenever the Company shall have brought an action or interposed a defense as
required or permitted by the provisions of this policy, the Company may pursue any litigation to
final determination by a court or competent jurisdiction and expressly reserves the right, in its
sole discrelion, to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company lo prosecute or provide
for the defense of any action or proceeding. the insured shall secure to the Company the right
to so prosecute or provide defense in the action or proceeding, and all appeals therein, and
permit the Company lo use, at ils option, the name or the insured for this purpose. Whenever
requested by lhe Company. the Insured, al the Company's expense, shall give the Company all
reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses,
proseculing or defending the action or proceeding, or effecting settlement, and (ii) any other
lawful act that in the opinion or the Company may be necessary or desirable to establish the
tille to lhe estate or inleresl as insured. If the Company is prejudiced by the failure of the
insured to furnish the required cooperation, the Company's obligalions to the insured under the
policy shall terminale, including any liability or obligation to defend, prosecute, or conlinue any
litigation, wilh regard to the matter or mallers requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after lhe notices required under Section 3 of these Conditions and
Stipulations have been provided the Company, a proof of loss or damage signed and sworn to
by the insured claimant shall be furnished to the Company within 91 days after the insured
ctaimanl shall ascertain the facts giving rise to the loss or damage. The proof of loss or
damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured
against by this policy thal constilules the basis of loss or damage and shall state, to lhe extent
possible, the basis of calculaling the amount of the loss or damage. If the Company is
prejudiced by lhe failure of the insured claimant to provide the required proof of loss or
damage, the Company's obligalions to the insured under the policy shall terminate, induding
any liability or obligation to defend. prosecute, or conlinue any litigation, with regard to the
malt.er or matters requiring such proof of loss or damage.
Jn addition, the insured Claimant may reasonably be required lo submit to examinalion
under oalh by any authorized representalive of lhe Company and shall produce for
examination, inspection and copying, at such reasonable times and places as may be
designated by any aulhorized representative or lhe Company, all records, books, ledgers,
checks, correspondence and memoranda, whether bearing a dale before or after Dale of
Policy, which reasonably pertain to the loss or damage. Further, if requesled by any authorized
representative of the Company, the insured daimant shall grant its permission, in writing, for
·any authorized represenlative or the Company to examine, inspect and copy all records, books,
ledgers, checks, correspondence and memoranda in the custody or control of a third party,
which reasonably pertain to lhe loss or damage. All information designated as confidenlial by
the insured claimant provided to the Company pursuant to this Section shall nol be disdosed lo
others unless. in the reasonable judgment of the Company, it is necessary in the administration
of the claim. Failure of the insured claimant to submit for examinalion under oath, produce
other reasonably requesled information or grant permission to secure reasonably necessary
inforrnalion from third parties as required in this paragraph shall terminate any liability of the
Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the following addltional
options:
(a) To Pay or Tender Payment or the Amount of Insurance.
To pay or tender payment of lhe amount or insurance under lhis policy, together with any
costs, attorneys' fees and expenses incurred by the insured claimanl, which were authorized by
the Company, up to the time of paymenl or tender of payment and which the Company is
obligaled to pay.
Upon the exercise by the Company of this option, all liability and obfigalions lo the Insured
under lhis policy, other than to make lhe payment required, shall terminate, including any
liability or obligalion lo defend, prosecute, or continue any litigalion, and lhe policy shall be
surrendered to the Company for cancellalion.
(b) To Pay or Olherwise Settle Wilh Parties Other than the Insured or With the Insured
Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an insured
Claimant any claim insured against under lhis policy, togelher wilh any costs, attorneys' fees
and expenses incurred by the insured claimant which were aulhorlzed by the Company up to
the time or payment and which the Company is obligated to pay; or
(ii) to pay or olherwise settle with the insured daimant lhe loss or damage provided
for under this policy. togelher wilh any cosls, allorneys' fees and expenses Incurred by the
insured claimant which were authorized by the company up to the time of payment and which
the Company is obligated to pay.
Upon the exercise by the Company or either or the options provided for in paragraphs (b)(i)
or (ii), the Company's obligations to the insured under this policy for the claimed loss or
damage, olher than the payments required to be made, shall terminate, including any liability or
obligation to defend. prosecute, or conlinue any litigation.
_Form B 1178-2
TEXAS OWNER POLICY
OF TITLE INSURANCE
(Revised 04/04/02)
Issued by
Commonwealth Land
Title Insurance Company
BRAZOS COUNTY
ABSTRACT COMPANY
3800 CROSS PARK DRIVE -BRYAN, TX 77802
P.O. BOX 4704 -BRYAN, TX 77805
(979) 731-1900
Commonwealth Land Title Insurance Company
Is a member of the LandAmerica family of title Insurance
underwriters.
..._.,LandAmerica
.. Commonwealth
LandAmerica Financial Group, Inc.
101 Gateway Centre Parkway
Richmond, Virginia 23235-5153
www.landam.com
THANK YOU.
Title insurance provides for the protection of youi
real estate investment. We suggest you keep thi!
policy in a safe place where it can be readil)
available for future reference.
If you have questions about title insurance or the
coverage provided by this policy, contact the
office that issued. this policy, or you may call o
write:
Commonwealth land Title Insurance Company
"---··---AU-:._ \.IUlli:)UlllCI l"'\11011~
7557 Rambler Road, Suite 1200
Dallas, Texas 75231
telephone, toll free: 800 925-0965
, We thank you for choosing to do business witl
Commonwealth land Title Insurance Compan)
and look forward to meeting your future titl•
insurance needs.
Commonwealth Land Title Insurance Company
Is. a member of the LandAmerica family of title insuranc
underwriters .
~ ~ LandAmerica ml Commonwealth
• 1.I i.Jc1 cn1v111-.1-4o.11v1-., Cl\ 1c1-.1 vr L.1M.c1a...11 ' MJ-.u vv11-...:>unM1-. .... c:..
This policy is a contract l:if indemnity against actual monetar)I !)SS or damage
sustained or incurred by the insured claimant who has suffered lo~.s or damage by
reason of matters insured against by this policy and only to the extent herein
described.
(a) The liability of the Company under this policy shall not exo~t:d the least of:
ii) the Amount of Insurance stated in Schedule k,
(ii) The difference between the value ol the insured estate or interest as
insured and the value of the insured esfate or interest subject to the· defect, lien or
encumbrance insured against by this policy at the date the insured Cl< i1nant is required
to furnish to Company a proof of loss or damage in accordance with ~;ection 5 of these
Conditions and Stipulations.
(b) In the event the Amount of Insurance stated in Schedule J, at the Date of
Policy is less than 80 percent of the value of the insured estate or i 11~rest or the full
consideration paid for the land, whichever is less, or ii subsequent to th>~ Date of Policy
an improvement is erected on the land which increases the value ot l'w insured estate
or interest by at least 20 percent over the Amount of Insurance stated in Schedule A,
then this Policy is subject to the following:
(i) where no subsequent improvement has been made, <.s to any partial
loss, the Company shall only pay the loss pro rata in the proportion It.at the amount of
insurance at Date of Policy bears to the total value of the insured es· a le or interest at
Date of Policy; or (i~ where a subsequent improvement has been made, as to any partial
loss, the Company shall only pay the toss pro rata in the proportion tha· 120 percent of
the Amount of Insurance stated in Schedule A bears to the sum Clf the Amount of
Insurance stated in Schedule A and the amount expended for the imp101ement.
The provisions of this paragraph shall not apply to costs, attorneys'
fees and expenses for which the Company is liable under this policy, and shall only
apply to 'that portion of any loss which exceeds, in the aggregate, • c percent of the
Amouht of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulaticns.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more pa ·eels that are not
used as a single site, and a loss is established affecting one or more •)f the parcels but
not all, the loss shall be computed and settled on a pro rata basis aE ii the amount of
insurance under this policy was divided pro rata as iO the value on Jate of Policy of
each separate parcel to the whole, exclusive of any improvements nmde subsequent
to Date of Policy, unless a liability or value has otherwise been agreec upon as to each
parcel by the Company and the insured at the time of the issuance )I this policy and
shown by an express statement or by an endorsement attached to thiE policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleg~J defect, lien or
encumbrance, or cures the lack of a right of access to or from the tar d, all as insured,
or takes action in accordance with Section 3 or Section 6, in a re:i:;onably diligent
manner by any method, including litigation and the completion eof any appeals
therefrom, it shall have fully performed its obligations with respect tc :hat matter and
shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Cor1pany or with the
Company's consent, the Company shall have no liability for toss or dmnage until there
has been a final determination by a court of competent jurisdiction, <rd disposition of
all appeals therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or damage tc any insured for
liability voluntarily assumed by the insured in settling any claim or suit without the prior
written consent of the Company.
10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF
LIABILITY.
All payments under this policy, except payments made for cost;, attorneys' fees
and expenses, shall reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under tri:: policy shall be
reduced by any amount the Company may pay under any policy insurin ~ a mortgage to
which exception is taken in Schedule B or to which the insured has agreed, assumed,
or taken subject, or which is hereafter executed by an insured and wh ch is a charge or
lien on the estate or interest described or referred to in Schedule A, a1Kl the amount so
paid shall be deemed a payment under this policy to I e insured owne «
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy to· endorsement of
the payment unless the policy has been lost or destroyed, in which case proof of loss
or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been cefinitely fixed in
accordance with these Conditions and Stipulations, the loss or ccmage shall be
payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim un<lur this policy, all
right of subrogation shall vest in the Company unalfected by any a:: of the insured
claimant. The Company shall be subrogated to and be entitled to all rights and remedies
that the insured claimant would have had against any person or prop~rty in respect to
the claim had this policy not been issued. If requested by the Comp<iny, the insured
claimant shall transfer to the Company all rights and remedies agair Et any person or
property necessary in order to perfect this right of subrogation. The i 1sured claimant
shall permit the Company to sue, compromise or settle in the narn of the insured
claimant and to use the name of the insured claimant in any transaction or litigation
involving these rights or remedies.
If a payment on account of a claim does not fully cover the lo:;.; of the insured
claimant, the Company shall be subrogated to these rights and r ~medies in the
proportion that the Company's payment bears to .the whole amount of I 1e loss.
II loss should result from any act of the insured claimant, as Sl1ted above, that
act shall not void this policy, but the Company, in that event, shall b1? required to pay
T ovoe f"'huno.r Dnlil"u T-1 /Qou OAlnAJn?\
u111y llldl J.Jdll VI dllY 1v::;,;:,c::;, ll~UICU aya111:;,1 uy Ull:> JJUlll •• y llldl :>lldll t:A~t::t:U lilt: dlllUUlll,
if any, lost to the Company by reason of !he impairment by the insured clain'lan! of the
Company's right of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall exist and
shall include, without limitation, the rights of the insured to indemnities, guaranties,
other policies of insurance or bonds, notwithstanding any terms or conditions contained
in those instruments that provide tor subrogation rights by reason of this policy.
14. ARBITRATION.
Unless prohibited by applicable law or unless this arbitration section is deleted by
specific provision in Schedule B of this policy, either the Company of the Insured may
demand arbitration pursuant to the Title Insurance Arbitration Rules or the American
Arbitration Association. Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the Insured arising out of or relating to
this Policy, and service of the Company in connection with its issuance or the breach of
a policy provision or other obligation. All arbitrable matters when the Amount of
Insurance is $1 ,000,000 or less SHALL BE arbitrated at the request of either the
Company or the Insured, unless the insured is an individual person (as distinguished
from a corporation, trust, partnership, association or other legal entity). All arbitrable
matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated
only when agreed lo by both the Company and the Insured. Arbitration pursuant to this
Policy and under the Rules in effect on the date the demand for arbitration is made or,
at the option of the Insured, the Rules in effect at the Date of Policy shall be binding
upon the parties. The award may include attorneys' fees only if the Jaws of the state in
which the land is located permit a court to award attorneys' fees to a prevailing party.
Judgment upon the award rendered by the Arbitrator(s) may be entered in any court
having jurisdiction thereof.
The Law of the situs of the land shall apply to any arbitration under the Tille
Insurance Arbitration Rules.
A Copy of the Rules may be obtained trom the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by the
Company is the entire policy and contract between the Insured and the Company. In
interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the title to the estate or interest covered hereby or by
any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by a
writing endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company.
16. SEVERABILITY.
Jn the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision and all other
provisions shall remain in full force and effect.
17. NOTICES WHERE SENT.
All notices required lo be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy and shall
be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond. Virginia
23261-7567
·COMPLAINT NOTICE.
Should any dispute arise about your premium or about a claim that
you have filed, contact the agent or write to the Company that issued
the policy. If the problem is not resolved, you also may write the
Texas Department of Insurance, P.O. Box 149091, Austin, TX 78714-
9091, Fax No. (512) 475-1771 . This notice of complaint procedure is for
information only and does not become a part or condition of this
policy.
FOR INFORMATION, OR
TO MAKE A COMPLAINT, CALL:
1-800-925-0965
PARA INFORMATION, 0
PARA HACER UNA QUEJA, HABLE
1 -800-925-0965
GF No. 143866A
THE STATE OF TEXAS §
§
COUNTY OF BRAZOS §
CERTIFICATE
BRAZOS COUNTY ABSTHACT COMPANY does hereby certify that we have
examined the records in the officH of the Clerk of the County Court of Brazos County,
Texas, affecting the title to the said property described below from January 15, 2008;
All that certain tract or par1::el of land, lying and being situated in the J. W. SCOTI
LEAGUE, ABSTRACT NO. 4·9, College Station, Brazos County, Texas. Said tract being
a portion of the remainder of a called 113.67 acre tract as described by a deed to
Carrara Partnership recordod in Volume 586, page 488 of the Deed Records of Brazos
County, Texas, all of a called 2.00 acre tract as described by a deed to Edward H.
Harte or Houston H. Harte or Joanne Bennett recorded in Volume 507, page 563 of the
deed records of Brazos Co1.:1nty, Texas, and all of a called 2.00 acre tract as described
by a deed to Edward H. Ha rte or Houston H. Harte or Joanne Bennett recorded in
Volume 507, page 568 of tbe Deed Records of Brazos County, Texas.
said tract being more partic:ularly described by metes and bounds as follows:
BEGINNING: at a Yz inch iron rod found on the northwest line of State Highway No. 30
(120' R.O.W.) marking the south corner of said remainder of 113.67 acre tract and the
east corner of a called 192.E4 acre tract described as exhibit "A" by a deed to College
Main Apartments, Ltd., recorded in Volume 3687, page 258 of the Official Public
Records of Brazos County, Texas;
THENCE: N 47° 03' 20" W along the common line of said remainder of 113.67 acre
tract and said 192.64 acre tract for a distance of 1346.50 feet to a Yz inch iron rod
found marking the most we~~terly corner of said remainder of 113.67 acre tract and the
south corner of a called 46.19 acre tract as described by a deed to Diane Peters, E.
Duane Peters and Patricia ~:ay Peters recorded in Volume 223, page 111 of the Deed
Records of Brazos County, Texas;
THENCE: N 41° 39' 43" E along the common line of said remainder of 113.67 acre
tract and said 46.19 acre traict for a distance of 1146.61 feet to a Yz inch iron rod found
marking the east corner of said 46.19 acre tract and an interior west corner of said
remainder of 113.67 acre tmct;
THENCE: N 45° 47' 51" W ·continuing along the common line of said remainder of
113.67 acre tract and said 4fi.19 acre tract for a distance of 593.53 feet to a Yz inch iron
rod found marking the south corner of a called 35.91 acre tract as described by a deed
to Robert Henry Conaway, Jr., recorded in Volume 2864, page 51 of the Official Public
Records of Brazos County, Texas, said iron rod found marking the west corner of said
second 2.00 acre tract (507/.568), same being the original most northerly west corner
of said 113.67 acre tract;
THENCE: N 42° 09' 39" E altlng the common line of said 2.00 acre tracts (507/568 and
507/563), said remainder of 113.67 acre tract and said 35.91 acre tract for a distance of
1282.80 feet to a 1h inch iron rod found marking the north corner of said remainder of
113.67 acre tract and the WEist corner of the remainder of a called 15.379 acre tract as
described by a deed to Jo11ce Peters Bell recorded in Volume 297, page 252 of the
Deed Records of Brazos County, Texas;
THENCE: S 46° 1 O' 45" E along the common line of said remainder of 113.67 acre tract
and said remainder of 15.379 acre tract for a distance of 1172.52 feet to a 5/8 inch iron
rod found marking an interior north corner of said remainder of 113.67 acre tract and
the south corner of the remainder of a called 11.424 acre tract as described by a deed
to Joyce A. Devaney, Trustee, recorded in Volume 2584, page 225 of the Official Public
Records of Brazos County, Texas;
THENCE: N 41° 57' 03" E along the common line of said remainder of 113.67 acre
tract and said remainder of 11.424 acre tract for a distance of 602.23 feet to a 1h inch
iron rod found marking an c~ast corner of said remainder of 11.424 acre tract;
THENCE: N 72° 47' 26" W continuing along the common line of said remainder of
113.67 acre tract and said mmainder of 11.424 acre tract for a distance of 220.45 feet
to a 1h inch iron rod found marking an interior east corner of said remainder of 11.424
acre tract;
THENCE: N 30° 07' 18" E 1::ontinuing along the common line of said remainder of
113.67 acre tract and said mmainder of 11.424 acre tract for a distance of 27 4.69 feet
to a brass right-of-way mar•:er found on the existing south line of FM 158 marking the
northeast corner of said remainder of 11.424 acre tract;
THENCE: S 78° 58' 02" E along the south line of FM 158 for a distance of 180.05 feet to
a brass right-of-way marke1· found marking an angle point in said line;
THENCE: S 73° 52' 00" E continuing along the south line of FM 158 for a distance of
204.62 feet to a 5/8 inch iron rod set marking the most northerly east corner of this
herein described tract, for rc:.ference a bras right-of-way marker found bears: S 73° 52'
00" E for a distance of 111:I6 feet;
THENCE: through said remainder of 113.67 acre tract for the following calls:
S 41° 46' 43" W for a distance of 291.94 feet to a 5/8 inch iron rod set;
S 89° 47' 28" W for a distance of 85.00 feet to a 5/8 inch iron rod set;
S 41° 57' 03" W for a distance of 612.10 feet to a 5/8 inch iron rod set;
S 46° 1 O' 45" E for a distan<:e of 336.59 feet to a 5/8 inch iron rod set;
N 78° 17' 11" E for a distanc:e of 358.88 feet to a 5/8 inch iron rod set;
. .
S 48° 48' 29" E for a distance of 263.84 feet to a 518 inch iron rod set on the northwest
line of State Highway No. ~;O marking the most southerly east corner of this herein
described tract, for referem:e a 1h inch iron rod found marking an east corner of said
remainder of 113.67 acre tract and the south corner of a called 1.88 acre tract
described as tract 2 by a d13ed to Brazos Super Trac, Inc. recorded in Volume 3644,
page 256 of the Official Public Records of Brazos County, Texas, bears: N 45°18' 20"
E for a distance of 333.00 foet;
THENCE: S 45° 18' 20" W along the northwest line of State Highway No. 30 for a
distance of 738.60 feet to a % inch iron rod found marking the beginning of a curve to
the left having a radius of 5789.58 feet;
THENCE: along said curve through a central angle of 02° 58' 11" for an arc distance
of 300.07 feet (chord bears : S 43° 49' 15" W -300.04 feet) to a 1h inch iron rod found
marking the ending point of said curve;
THENCE: S 42° 20' 1 O" W continuing along the northwest line of State Highway No. 30
for a distance of 1681.59 feE,t to the POINT OF BEGINNING containing 98.202 acres of
land, more or less.
We find the following actiom; or conveyances affecting the title to said land (specifically
excluding any conveyances respecting mineral estate) through June 30, 2008 @ 8:00 A.M.:
Temporary Blanket Utility Easement from The Summit Crossing, LLC to City of
College Station, Texas, dat13d February 19, 2008, recorded in Volume 8460, page
24, Official Records of Bra2:os County, Texas.
We do not certify as to property taxes.
This certificate is for informational purposes only and the information contained herein
shall not be relied on in the issuance of any title insurance policy. The liability of Brazos
County Abstract Company in this connection is limited to $00.00, being the charge
made for this certificate.
WITNESS OUR HAND at College Station, Texas, this the 1st day of July, 2008.
BRAZOS COUNTY ABSTRACT COMPANY
JUNE VAN ETTEN
GF No. 144897A
THE STATE OF TEXAS §
§
COUNTY OF BRAZOS §
CERTIFICATE
BRAZOS COUNTY ABSTl~CT COMPANY does hereby certify that we have
examined the records in the office~ of the Clerk of the County Court of Brazos County,
Texas, affecting the title to the said property described below from November 1, 2006;
All that certain tract or parcel of land lying and being situated in the J. W.
SCOTT SURVEY, Abstra1:t No. 49, College Station, Brazos County, Texas.
Said tract being a portion of a called 46.19 acre tract as described by a
Deed to Diane Peters, E. Duane Peters and Patricia Kay Peters, recorded in
Volume 223, page 111, Deed 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 southeast line of FM 60 (120'
R.O.W.) marking the west corner of said 46.19 acre tract and the North
corner of Crescent Pointe, Tract One, according to the plat recorded in
Volume 5708, page 76, Official Records of Brazos County, Texas;
THENCE N 42° 1 O' 23" E ;:tlong the southeast line of FM 60 for a distance of
619.42 feet to a point ma1rking the most northerly corner of this herein
described tract, for refemnce a 1/2 inch iron rod found marking the north
corner of said 46.19 acre tract bears: N 42° 1 O' 23" E for a distance of
571.95 feet;
THENCE S 52° 14' 42" E through said 46.19 acre tract for a distance of
1067 .16 feet to a point;
THENCE N 43° 36' 31" E 1::ontinuing through said 46.19 acre tract for a
distance of 450.16 feet tc• a 1/2 inch iron rod found marking the south
corner of a called 35.91 c:i1cre tract as described by a Deed to Robert Henry
Conaway, Jr., recorded in Volume 2864, page 51, Official Records of
Brazos County, Texas and the west corner of a called 2.00 acre tract as
descried by a Deed to Edward H. Harte or Houston H. Harte or Joann
Bennett recorded in Volume 507, page 568, Deed Records of Brazos
County, Texas;
THENCE S 45° 47' 51" E along the common line of said 46.19 acre tract and
~::aili ? nn ::ar.rf:!I tr::ar.t fnr 2 rti~t::anr.~ nf f\Q~ f\~ f~~· tn 2 1 /? inr.h irnn rnli fnunli
on the northwest line of the remainder of a called 113.67 acre tract as
described by a Deed to C:arrabba Partnership recorded in Volume 586, page
488, Deed Records of Brazos County, Texas;
THENCE S 41° 39' 43" W along the common line of said 46.19 acre tract and
said remainder of 113.67 acre tract for a distance of 1146.61 feet to a 1/2
inch iron rod found on the northeast line of a called 192.64 acre tract
described as Exhibit "A" by a deed to College Main Apartments, Ltd.,
recorded in Volume 368i', page 258, Official Records of Brazos County,
Texas;
THENCE N 46° 34' 47" W along the common line of said 46.19 acre tract
and said 192.64 acre tra<:t and Crescent Pointe, Tract One, for a distance of
1269.44 feet to a 24 inch Oak Tree found marking an angle point in said
line;
THENCE N 45° 21' 30" W continuing along the common line of said 46.19
acre tract and Crescent Pointe, tract One, for a distance of 128.28 feet to a
24 inch Oak Tree found marking an angle point in said line;
THENCE N 48° 12' 21" W continuing along the common line of said 46.19
acre tract and Crescent Pointe, Tract One, for a distance of 162.98 feet to a
30 inch Oak Tree found marking an angle point in said line;
THENCE N 55° 35' 26" W continuing along the common line of said 46.19
acre tract and Crescent Pointe, Tract One, for a distance of 119.47 feet to
the POINT OF BEGINNING, containing 31.978 acres of land, more or less.
We find the following actions or conveyances affecting the title to said land
(specifically excluding any conveyances respecting mineral estate) through effective
date of June 30, 2008 @ 8:00 a.rn.:
Warranty Deed with Vendor's Lien from Michael K. Davis to The Summit
Crossing, LLC, dated November 1, 2006, recorded in Volume 7675, page
179, Official Records of Brazos County, Texas.
Deed of Trust, Security )!~greement, Fixtures, Financing Statement and
Assignment of Rents dated November 1, 2006, executed by The Summit
Crossing, LLC to Michael R. Rudloff, Trustee, for the benefit of The
Brenham National Bank, in the amount of $400,000.00, recorded in Volume
7675, page 183, Official Hecords of Brazos County, Texas.
We do not certify as to property taxes.
This certificate is for informational purposes only and the information contained herein
shall not be relied on in the issua1ce of any title insurance policy. The liability of Brazos
County Abstract Company in this connection is limited to $00.00, being the charge
made for this certificate.
WITNESS OUR HAND at College Station, Texas, this the 1st day of July, 2008.
BRAZOS COUNTY ABSTRACT COMPANY
BY: ----------JUNE VAN ETTEN