HomeMy WebLinkAboutResolutionRESOLUTION OF SADDLE CREEK PARTNERS, LTD.
RESOLVED, that M. L. SCHEHIN, MANAGING MEMBER OF SADDLE CREEK
PARTNERS, LTD., A TEXAS LIMITED PARTNERSHIP, is authorized and directed to execute and
deliver any documents necessary for the platting of property owned by SADDLE CREEK PARTNERS,
LTD.,
RESOLVED FURTHER, that M. L. SCHEHIN, MANAGING MEMBER OF SADDLE
CREEK PARTNERS, LTD., A TEXAS LIMITED PARTNERSHIP, is authorized to execute and
accept all documents and instruments necessary to carry said transaction.
SADDLE CREEK PARTNERS, LTD., A
TEXAS LIMITED PARTNERSHIP
BY: TUSTLAND DEVELOPMENT, LLC,
A TEXAS LIMITED LIABILITY
CORPORATION, ITS GENERAL
PARTNER
BY:
M. L. SCHEHIN, MANAGING MEMBER
MICHAEL TODD, MANAGING MEMBER
LIMITED PARTNERS:
M. L. SCHEHIN
MICHAEL TODD
C:\MO\RE\FORMS\REEOWTK)NS\SROOLE CREEK TO SCHULR CORPORATE RESOLUMN
.ggieland Title Comycny
GF# 30651
EXAMINER'S REPORT
RECORD TITLE AT THE EFFECTIVE DATE HEREOF APPEARS TO BE VESTED IN
John A. Malley and Jennifer B. Todd, as to 20.383 acres
Alan R. Morgan and wife, Sandra Morgan, as to 3.647 acres (Lot 149R)
Steven C. Schulze and spouse, Kelley J. Schulze, as to 1.30 acres (Lot 129)
THE LAND REFFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS
Metes and bounds description of all that certain tract or parcel of land lying and being situated in the
JAMES C. STUTEVILLE LEAGUE, ABSTRACT No. 216, Brazos County, Texas. Said tract being a
portion of the remainder of a called 359.07 acre tract as described by a Deed to John A. Malley and
Jennifer B. Todd recorded in Volume 7427, page 198 of the Official Public Records of Brazos County,
Texas, all of Lot 149R, Block 6, Saddle Creek Subdivision, Phase 7B, according to the plat recorded in
Volume 10508, page 28 of the Official Public Records of Brazos County, Texas, and all of a called 1.30
acre tract as described by a Deed to Steven C. Schulze and spouse, Kelley J. Schulze, recorded in
Volume 10248, page 193 of the Official Public 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 Northeast line of Saddle Creek Drive (70' R.O.W.)
marking the West corner of said lot 149R and the South corner of Lot 148, Block 6, Saddle Creek
Subdivision, Phase 5, according to the plat recorded in Volume 9311, page 252 of the Official Public
Records of Brazos County, Texas;
THENCE: N 43' 04' 41" E along the common line of said Lot 149R and said Lot 148 for a distance of
367.11 feet to a 1/2 inch iron rod found on the Southwest fine of said 1.30 acre tract marking the North
corner of said Lot 149R;
THENCE: N 64' 52' 02" W along the common line of said 1.30 acre tract and said Lot 148 for a
distance of 10.21 feet to a 1/2 inch iron rod found marking the South corner of Lot 128, Block 6, Saddle
Creek Subdivision, Phase 3, according to said plat recorded in Volume 9311, page 252;
THENCE: N 13' 23' 29" E along the common line of said 1.30 acre tract and said Lot 128 for a distance
of 328.93 feet to a 1/2 inch iron rod found on the Southwest line of Vintage Oaks Court (70' R.O.W.)
marking the East corner of said Lot 128 and the North corner of said 1.30 acre tract;
THENCE: S 76' 36' 3 1 " E along the Southwest line of Vintage Oaks Court for a distance of 161.67 feet
to a 1/2 inch iron rod found marking the East corner of said 1.30 acre tract;
3740 Copperfield Drive, Suite 101 • Bryan, Texas 77802
Phone (979) 731-8400 • FAX (979) 731-8408
GF# 30651
THENCE: N 13' 23' 29" E across the platted end of Vintage Oaks Court for a distance of 70,00 feet to a
point on the Southwest line of Lot 24, Block 6, Saddle Creek Subdivision, Phase 3;
THENCE: S 76' 36' 31" E along the common line of said remainder of 359.07 acre tract and said Lot 24
for a distance of 2.54 feet to a 1/2 inch iron rod found marking the South corner of said Lot 24;
THENCE: N 13' 23' 29" E continuing along the common line of said remainder of 359.07 acre tract and
said _Lot 24 for a distance of 305.00 feet to a 1/2 inch iron rod found marking the East corner of said Lot
24;
THENCE: Along the common line of said remainder of 359.07 acre tract and the remainder of called
559.39 acre tract as described by a Deed to Minnie Louise Wade and Annie Belle Wade recorded in
Volume 7402, page 51 of the Official Public Records of Brazos County, Texas, for the following calls:
S 76' 36' 31" E for a distance of 300.00 feet to a 1/2 inch iron rod found;
N 43' 4745" E for a distance of 689.44 feet to a 1/2 inch iron rod found;
S 55' 48' 08" E for a distance of 661.83 feet to a 1/2 inch iron rod found on the Northwest line of
the remainder of a called 188.04 acre tract as described by a Deed to Smiling Mallard
Development, Ltd. recorded in Volume 4011, page 142 of the Official Public Records of Brazos
County, Texas;
THENCE: S 41° 55' 14" W along the common line of said remainder of 359.07 acre tract and said
remainder of 188.04 acre tract for a distance of 795.56 feet to the Northeast corner of Lot 155, Block 6,
Saddle Creek Subdivision, Phase 8, according to the plat recorded in Volume 11059, page 149 of the
Official Public Records of Brazos County, Texas;
THENCE: Along the common line of said remainder of 359.07 acre tract and Saddle Creek Subdivision,
Phase 8, for the following calls:
N 34' 26' 02" W for a distance of 108.96 feet to a 1/2 inch iron rod found;
S 64' 28' 11" W for a distance of 110.61 feet to a 1/2 inch iron rod found;
S 72' 04' 01" W for a distance of 489.83 feet to a 1/2 inch iron rod found;
S 39' 56' 29" W for a distance of 297.02 feet to a 1/2 inch iron rod found;
S 04' 36' 40" W for a distance of 152.31 feet to a 1/2 inch iron rod found marking the common
corner of said Lot 149R and Lots 151 and 152, Block 6, Saddle Creek Subdivision, Phase 8;
THENCE: S 26' 36' 17" W along the common line of said Lot 149R and said Lot 151 fora distance of
288.41 feet to a 1/2 inch iron rod found on the Northeast line of Saddle Creek Drive marking the South
corner of said Lot 149R;
THENCE: N 470 03' 30" W along the Northeast line of Saddle Creek Drive for a distance of 532,21 feet
to the POINT OF BEGINNING containing 25,546 acres of land, more or less.
AGGIELAND TITLE COMPANY Page 2
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RESTRICTIVE COVENANTS:
Volume 10233, page 187, Official Public Records, Brazos County, Texas as to the 3.647 acres (Lot
149R)
SCHEDULE B EXCEPTIONS
a. Any encroachment, encumbrance, violation, variation, or adverse circumstance
affecting the title that would be disclosed by an accurate and complete land survey of
the land.
b. Memorandum of Ground Lease dated June 20, 2006, by and between John A. Malley
and Jennifer B. Todd, as Lessors and Saddle Creek Partners, LTD, as Lessee, recorded
in Volume 7427, page 277 of the Official Public Records of Brazos County, Texas.
C. Drainage Easement granted to Saddle Creek homeowners Association, et al by John A.
Malley and Jennifer B. Todd as set out in instrument dated May 28, 2009, recorded in
Volume 9136, page 140 of the Official Public Records of Brazos County, Texas.
d. Blanket Right -of -Way Easement granted to Wellborn Water Supply Corporation by J.
C. Wade as set out in instrument dated August 17, 1971, recorded in Volume 303, page
385 of the Deed Records of Brazos County, Texas.
e. Pipeline Easement granted to Aquila Southwest Pipeline Corporation by Louise Wade
and J. E. Wade as set out in instrument dated October 1, 1992, recorded in Volume
1842, page 337 of the Official Public Records of Brazos County, Texas.
f. Mineral Reservation as set out in deed dated June 30, 2006 from Minnie Louise Wade
aka Louise S. Wade and Annie Belle Wade to John A. Malley and Jennifer B. Todd,
recorded in Volume 7427, page 198, Official Public Records of Brazos County, Texas.
Title to this interest not investigated subsequent to date of said instrument.
g. Royalty Deed executed by Louise Wade et al to Kenneth M. Robison, dated July 1,
1983 and recorded in 601, page 417, Official Public Records of Brazos County, Texas.
Title to said interest has not been investigated subsequent to the aforesaid instrument.
h. Estate created by oil, gas and mineral lease granted to Peter Paul Petroleum Company
by Louise Wade et al by instrument dated July 1, 1983, recorded in Volume 604, page
437 of the Official Public Records of Brazos County, Texas, and all terms, conditions
and stipulations contained therein. Title to this lease has not been investigated
subsequent to date thereof.
AGGIELAND TITLE COMPANY Page 3
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i. Estate created by oil, gas and mineral lease granted to Union Pacific Resources
Company by Louise S. Wade et al by instrument dated July 31, 1990, recorded in
Volume 1209, page 244 of the Official Public Records of Brazos County, Texas, and all
terms, conditions and stipulations contained therein. Said lease having been ratified by
instrument dated December 1, 1993 and recorded in Volume 1978, page 143 of the
Official Public Records of Brazos County, Texas. Title to this lease has not been
investigated subsequent to date thereof.
j. Memorandum of Oil, Gas and Mineral Lease Agreement made and entered into on
February 16, 2001 by and between Louise S. Wade et al as Lessors, and Lometa
Petroleum Corporation as Lessee, said Memorandum of Lease recorded in Volume
4313, page 311 of the Official Public Records of Brazos County, Texas. Said lease
having been ratified by instrument dated September 7, 2001 and recorded in Volume
4313, page 314 of the Official Public Records of Brazos County, Texas. Title to this
interest not investigated subsequent to date of said instrument.
k. Rights of parties in possession.
AGGIELAND TITLE COMPANY Page 4
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CURATIVE MATTERS
a. Vendor's Lien retained in deed dated June 30, 2006 from Minnie Louise Wade aka
Louise S. Wade and Annie Belle Wade to John A. Malley and Jennifer B. Todd
recorded in Volume 7427, page 198, securing the payment of one note of even date
therewith in the principal sum of $970,000.00, payable to Capital Farm Credit, FLCA,
and additionally secured by Deed of Trust of even effective date therewith executed by
Jennifer B. Todd and John A. Malley to Ben R. Novosad, Trustee, said deed of trust
filed for record with the County Clerk of Brazos County, Texas on July 5, 2006 and
recorded in Volume 7427, page 215 of the Official Public Records of Brazos County,
Texas. (Remainder Tract One)
b. Deed of Trust dated March 21, 2013 from Alan R. Morgan and Sandra K. Morgan to
Matt H. Laird, Trustee, securing the payment of one note of even date therewith in the
principal sum of $417,000.00, and any other amounts payable under the terms thereof,
payable to Cornerstone Home Lending, Inc., with Mortgage Electronic Registration
Systems, Inc. (MERS) acting solely as nominee for Lender and Lender's successors and
assigns, filed for record with the County Clerk of Brazos County, Texas, on March 27,
2013, recorded in Volume 11236, page 105 of the Official Public Records of Brazos
County, Texas. (as to the 3.647 acres)
C. Vendor's Lien retained in deed dated July 11, 2011 from Saddle Creek Partners, Ltd., a
Texas limited partnership to Steven C. Schulze and spouse, Kelley J. Schulze recorded
in Volume 10248, page 193, securing the payment of one note of even date therewith in
the principal sum of $24,000.00, payable to Capital Farm Credit, FLCA, and
additionally secured by Deed of Trust of even date therewith executed by Steven C.
Schulze and spouse Kelley J. Schulze to Ben R. Novosad, Trustee, said deed of trust
filed for record with the County Clerk of Brazos County, Texas on July 11, 2011 and
recorded in Volume 10248, page 196 of the Official Public Records of Brazos County,
Texas.
d. Alan R. Morgan and wife, Sandra Morgan; Steven C. Schulze and spouse, Kelley J.
Schulze; Capital Farm Credit, FLCA and Cornerstone Home Lending, Inc., should
ratify or sign Final Plat of Saddle Creek Subdivision Phase 6.
e. This report does not cover matters of survey, including, but not limited to
discrepancies, conflicts or shortages in area or boundary lines or any encroachments or
protrusions or any overlapping improvement.
f. Standby fees, taxes and assessments have not been investigated.
AGGIELAND TITLE COMPANY Page 5
GF# 30651
This report is prepared and delivered with the express understanding and agreement, evidenced by the
acceptance hereof, that the undersigned is not rendering an opinion as to the title to the land under
investigation herein, and while believing its construction of the records as hereinabove set out to be true
and correct, still will incur no liability beyond the fee paid for this report by reason of such construction,
nor will it be liable for any error or omission of any kind whatsoever. This report is prepared for
informational purposes only, exclusively for the party paying the fee.
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EXAMINER'S $IGNATURE
Preparation Date:
Effective Date:
Effective Time:
June 25, 2013
June 17, 2013
7:00 a.m.
AGGIELAND TITLE COMPANY Page 6