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HomeMy WebLinkAboutTitle PolicyPremium-1 Y,),r "0" 1200 SCHEDULE A Name and Address of Title Insurance Company: Stewart Ttle Guaranty Company P.O. Box 2029 Houston, TX 77252-2029 File No.: 146203A Policy No.: O-5941-01045 Issued With: M-5942-06245 Address for Reference Only: Sebesta Road College Station, TX, 77845 POLICY DATE: October21, 2008 at 04:D9 PM 1. NAME OF INSURED: EMERALD RIDGE ESTATES, LTD. 2. WE INSURE YOUR INTEREST IN THE LAND COVERED BY THIS POLICY IS; FEE SIMPLE 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: EMERALD RIDGE ESTATES, LTD. 4. LEGAL DESCRIPTION OF THE LAND: P-L Field notes of a 26.12 acre tract or parcel of land, lying and being situated in the MORGAN RECTOP. SURVEY, ABSTRACT N). 46, College Station, Brazos County, Texas, and being the remainder of a 45.224 acre tract described in the deed from Jett -Schultz Joint Venture to Leroy S- Fletcher and wine, Nancy M. Fletcher recorded in Volume 1208, Page 782, of the official Records of Brazos Country, Tex -as, and all of the "Wolters to Fletcher" tract (Exhibit A) described in the Exchange Deed between Leroy S. Fletcher and wife, Nancy M. Fletcher and Freddie A. Wolters and wife, Mary Wolters, recorded in Volume 4212, Page 230, of the Offidal Records of Brazos County, Texas, and said 26.12 acre tract beino more particularly described as follows: BEGINNING at a''Y2" iron rod found at a amssYie fence comer marking the common comer between the beforementioned 45.224 acre tract and Lot 18 (2.48 acres), Sandstone Addition according to the plat recorded in Volume 389, Page 179,of the Deed'Records of'$razos'County; Texas; said'/" romrod found also lying in the southeast line of a 30'vode strip -1.866 acres described in the deed from Tom Sebesta io Freddie A. Wolters recorded in Volume 146, Page 614, of the Deed Records of Brazos County, Texas, same being the beforementioned "Wolters to Fletcher" tract; BR470S COUNTY ABSTRAC-f COMPAN`r' File No.: 146203A STEWART TITLE GUARANTY COMPANY SCHEDULE A (Continued) Policy No.: 0-5941-01045 THENCE S 450 35' 27" W along the common line between the beforementioned 1.866 acre trac and Lot 18, Sandstone Addition fora distance of 352.16 feet to a %" iron rod set in the northeast right-of-way line of Sandstone Drive - 6D' right-of-way; THENCE N 440 54' 31" W alono a projection of the northeast right-of-way line of Sandstone Drive, across the beforementioned 1.866 acre tract for a distance of 3D.DD feet to a %' iron rod set in the common line between the said 1.866 acre tract and the 89 acre tract described in the deed to Frank Dobrovolny recorded.in Volume 114, Page 498, of the Deed Records of Brazos County, Texas, (for a complete description see Volume "0", Page 144, of the Civil Minutes of District Court), the northwest right-of-way line of Sebesta Road bears northwest - 19.4 feet; THENCE.along the common line between the beforementioned 1.866 acre tract (lying to the southeast) and the 8B acre tract and the 75 acre tract described in the deed to F rank Dobrovolny recorded it Volume 81, Page 14B, of the Deed Records of Brazos County, Texas, (lying to the northwest), as follows: N 450 35' 27" E at a distance of 223 feet; pass the common comer be"W9en the said 89 acre tract and the 75 acre tract, continue on for a totai distance of 352.06 feet, N 440 12' 58" E for a distance of 1284.55 feet to a h" iron rod set in a projection or" the southwest line of a 2D.30 acre tract described as the "Fletcher to Wolters" tract (Exhibit B) in the beforementioned Exchange Deed between Fletcher and Wolters, a %" iron rod found marking the east corner of Emerald Forest Phase 7, same being the east end of Emerald Parkway- 8D' right-ofway, bear N 76° 08' 39" W - 14.94 feet, THENCE S 760 D8' 39" E along the southwest line of the beforementioned 20.31) acre tract, adjacent to a fence, for a distance of 934.51 feet to a l" iron rod set at the south comer of the said 20.30 acre tract and in the northwest line of a 64.1 acre tract described in the deed to J. Garland Watson, recorded in Volume 3005, Page 335, of the Official Records of Brazos County, Texas; THENCE S 44023' 12" W along the common line between the beforementioned 45.224 acre tract and the 64.1 acre tract, adjacent to a fence, for a distance of 1 B1. 72 feet to a %" iron rod set T from a 6" creosote post fence corner marking the common comer between the said 64.1 acre tract and the 18.45 acre tract shown as Sandy P,idge according to the plat recorded in Volume 5D1, Page 473, of the Deed Records of Brazos County, Texas; ---- THENCE--S 44°-1 D'-DD"-W-along ihe.common.1ine.between the-beforementione.d.45..224 acre tract anal_ Sandy Ridge Subdivision, adjacent to a fence, for a distance of 1191.12 feet to the common corner between the said 45224 acre tract and the Sandy Ridge Subdivision, and in the northeast line of the beforementioned Sandstone Addition, a 3/B" iron rod found at 6" creosote posi fence comer bears N 540 DB' E - D.7 feet; THENCE along the common line between the beforementioned 45.224 acre tract and the Sandstone Addition, adjacent to a fence, as follows: N 860 24' 43" VV for a distance of 391.95 feet to a'h" iron rod set N 770 53' D3" VV for a distance of 97.41 feet to a 20" snag. I'i 56123 5 VN fCr dlsie of 2�9c12 z_iC tf: c. D: Lr.E _Oniali iln� %b. li a-Crr� of Ian", a. STEWART TITLE G UAP.AN T Y COM PA NY SCHEDULE B File No.: 146203A Policy No.: 0-5941-01045 EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) THATARISE BY REASON OF THE TERMSAND CONDITIONS OF THE LEASES OR EASEMENTS, IF ANY, SHOWN IN SCHEDULE A AND THE FOLLOWING MATTERS: 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 PROTRUSIONS, OR ANY OVERLAPPING OF IMPROVEMENTS. 3. HOMESTEAD OR COMMUNITY PROPERTY OR SURVIVORS HIP RIGHTS, IFANY, OFANYSPOUSE OF ANY INSURED. 4. ANYTITLES OR RIGHTSASSERTED BYANYONE, INCLUDING, BUTNOT 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 GOVERNMENT, OR C. TO FILLED -IN LANDS, ORAP.TIFICIAL ISLANDS, OR Q. 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, DR THE RIGHTS OF ACCESS TO THAT AREA, OR EASEMENT ALONG AND ACROSS THAT AREA. 5. STANDBYFEES, TAXES AND ASSESSMENTS BYANYTAXINGAUTHORITY FORTHIEYEAR2009, 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 TA: CODE, OR BECAUSE OF IMPROVEMENTS NOT ASSESSED FOR A PREVIOUS TAX YEAR. 6. THE FOLLOWING MATTERS AND ALL TERMS OF THE DOCUMENT CREATING OR OFFERING _....._.EVIDENQE_OF 7HE_1�H i—j.I_ERS_(1VE MUS I INSERT Mf TTEF�S OP. DELETE THIS EXCEPTION.)_ a. Vendor's Lien retained in Deed dated October 2D, 20D8, executed by Leroy S. Fletcher and wife, NancyM. Fletcher to Emerald Ridge Estates, Ltd., a Texas limited partnership securing the payment of one note of even date 1herev✓ith in the principal amount of $490,DOD.00, payable to Compass Bank, and said note being additionally secured by deed of trust of even date therewith to Ben Hayes Riggs, Trustee, said Deed of Trust and Security Agreement filed for record in the Office of the County Clerk of Brazos County, Texas, on October 21, 2D08, under Clerk's File No. 101278A and recorded in Volume 8843, page 117, Official Records of Brazos County, Texas, and being subject to all of the terms, conditions and stipulations contained in said note and deed of trust. b. KIOnI_� of Ponies. in Possession. r.—asemeims or claim-c of easement", which arc not ,ccorde_. in the publi: rs r;orc. d. Fin ay Easemeni rrom Mar." s2✓esia el a11- r illrrjoie pip= in= r Lilpany: Baled lUl':_. STEWART TITLE GUARANTY COMPANY SCHEDULE B File No.: 146203A (Continued) Policy No.: 0-5941-01 D45 recorded in Volume 49, page 23, Deed Records of Brazos County, Texas and as amended by instrument recorded in Volume 387, page 946, Deed Records of Brazos County, Texas. e. Easement from Tom Sebesta at ux to Gulf States Utilities Company, dated MIay7, 1947, recorded in Volume 130, page 147, Deed Records of Brazos County, Texas. f. Easement from Freddie A. Wolters to Veterans Land Board State of Texas, dated December 28, 1961, recorded in Volume 217, page 342, Deed Records of Brazos County, Texas. g. Easement from Freddie A. Wolters at ux to Federal Land Bank Houston, dated December 7, 1964, recorded in Volume 242, page 242, Deed Records of Brazos County, Texas. h. Easement from James E. Jett, Trustee at al to City of College Station, dated April 23, 1962, recorded in Volume 518, page 231, Deed Records of Brazos County, Texas - I. Utility_Easement from Freddie A. Wolters to City of College Station, dated April 26, 19B2, recorded in Volume 518, page 246, Deed Records of Brazos County, Texas. j. Easements from James E. Jett, Trustee at al to City of College Station, dated April 23, 1985, recorded in Voiume 785, pages 419 and 423, Deed Records of Brazos County, Texas. k. 15' Access Easement located along the north boundary line of the present 26.66 acre tract under Cause No. 48,414-85, District Clerk, Brazos County, Texas. 1. Royalty reservation in Dead from Tom Sebesta et uxto Claud J. Burgin at ux dated August 12,1952, recorded in Volume 155, page 2136, Deed Records of Brazos County, Texas. Title to this reservation has not been traced subsequent to the date of the above -cited instrument. m. Royalty Deed from Freddie A. Wolters at ux to Pamela Ann Wolters Boyd at al, dated November 9, 1981, recorded in Volume 500, page 758, Deed Records of Brazos County, Texas. Title to -this royalty interest has not been traced subsequent to the date of the above -cited instrument. n. Mineral reservation in Deed from Jett -Schultz Joint Venture No. 101, Ltd. to Leroy S. Fletcher at ux, dated September 5, 1990, recorded in Volume 1208, page 782, Of�icial Records of Brazos County, Texas, subjeci to 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. -- - - --' - .--Estate created'by-Oil-and-Gas-Lease-from-FreddieH-Wolters et-crr,to inexco-Oil-Company,-dat-d-- May 8, 19B5, recorded in Volume 797, page 397, Df6cial Records of Brazos County, Texas. Title to this, lease has not been traced subsequent to the date of the above -cited instrument. p. Estate created by Oil and Gas Lease from Jett -Schultz Venture No. 1 D1, Ltd. to Central Plains Oil and Gas Corp., dated August 26, 1991, recorded in Volume 1333, page 132, and corrected in Volume 1566, page 257, Official Records of Brazos County, Texas; and as amended by instrument recorded in Volume 1524, page 253, Official Records of Brazos County, Texas and as refilled by instruments recorded in Volume 1597, pages 112, 113,114 and 115, Official Records of Brazos County, Texas. Title to this lease has not been traced subsequent to the date of the above -cited instrument. C I h= i aY C0nfi tie furnished by the taxing authunties is i s'J2� on read ee`a,e. oni'J. I: does nDi include rninerals and/or personal prDpen'y', therefore, nG Ii2bilny i- assurne' riereir iDr file pati'I?l@;ii Di sid mineral andtc)r persona: prop_,, t li you wan� iniorm=_i,on about tour x need assistance to resolve mripleinis, please call ourioll. dumber: 1-800-729-19,92. It you make a claim infer ycur poll cp, youmus iur ish',wru an nr;��- _-..ordence b✓fh Section 3 of the Cond'dions and Stipulations. Visit ou,WorldVdide YVab site at. rfip /A',w% id9wBr'.cem OWNER'S POLICY OF TITLE INSURANCE ISSUED BY title guaranty company Any notice of claim and any other notice or Policy mu€t be given to the Company at th; SUBJECTTOTHE EXCLUSIONS FROM C( AND THE CONDITIONS, STEWARTTITLE of Policy and, to the `went slated in Cover` Amount of Insurance, sustained or incu4ec 1. Title being vested other than as state* n SphE 2 Any defect in or lien or encumbrance on=-il'�:i from: ': (a) A defect in the Title caused by: (1) forgery, fraud, undue influence, durees (ii) failure of any person or Entity to have (iii) a document ariecting Title not,,pro.pe delivered; (iv) failure to per,'orm those acts rrcessar (v) a document executed under rslsi ie°[ (vi) a document not properly filed; Tacorde by electronic means aurthorized by9 m".!'Pt (vii) a detective judicial or administr'autie;$ (b) The lien of real estate taxes or assessnEr unpaid. (c) Any encroachment, encumbrance, vip'Iatic disclosed by an accurate and complete laridra. existing improvements located on the Land, Improvements located on adjoining land (d) Any statutory or constitutional mechanic.'s.c on or before Date of Policy. S. Lack of good and indefeasible Title. 4. No right of access to and from the Land. i Covered Risks continued on next page. IN WITNESS WHEREOF, Stewart Title Guaran authorized officers as of Date of Policy shown in Sc Countersigned by Authorized Signature ernenL in v\rritln t reeuired to be'pren the Corrpariy un r this dress shown IrrSection 1oof the Gonditlons. ,'OVERED RISKS THE EXCEPT] O(VS FROM COVERAGE CONTAINED IN SCHEDULE B l':;.COIVPAIVI';°':Texas corporation (the "Company") insures, as of Date and:10 agar]&e o; PGlicy,:against loss or damage, not exceeding the but is not limited to insurance against loss each, or impersonation; orconveyance; I, witnessed, sealed, acknowledged, notarized or a do66m ntlbly electronic means authorized by law; or othenuis invalid power of attorney; edwi#h�PubJicFEcords including failure to perform those acts oovernmental authority due or payable, but cumstance affecting the Title that would be "encroachment` includes encroachments of encroachments onto the Land of existing lien for labor or materials having its inception .y Company lies^caused this policy to be signed and sealed by its duly LZdla vuaranty company / � Senior Chairman of the Board ..__ Potty serial Nc.