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HomeMy WebLinkAboutTitle Report*",Brazos County Abstract Company "More Than 140 Years of Title Service" P.O. Box 4704 Phone: (979) 731-1900 3800 Cross Park Drive Bryan, Texas 77805-4704 Fax: (979) 731-1381 Bryan, Texas 77802 BCAC GF NO. BC1300597 Title Report Prepared 6/28/2013 for Vicki Hillert Vicki Hillert 4490 Castlegate Drive College Station, Texas 77845 "Experience Matters" *r,- Brazos County Abstract Company "More Than 140 Years of Title Service" TITLE REPORT Effective Date: June 27, 2013 at 8:00 am GF NO: BC1300597 LEGAL DESCRIPTION: Being all that certain 5.309 acre tract or parcel of land lying and being situated in the ROBERT STEVENSON SURVEY, A-54, Brazos County, Texas, also being the remainder of the called 62.18 acres tract of land owned by Spring Creek CS Development, Ltd. as recorded in Volume 4712, page 260, Official Records of Brazos County, Texas. The 5.309 acres tract being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found for an east corner of this tract, also being the north corner of Lot Twelve (12), Block Five (5), Spring Creek Townhomes Subdivision, Phase 2, a subdivision in the City of College Station, Brazos County, Texas, according to the plat thereof, as recorded in Volume 9446, page 200, Official Records of Brazos County, Texas, from which City of College Station GPS Monument Number 138 bears N 93' 29' 22" W, a distance of 3,305.55 feet; THENCE along the common line between this tract and the said Spring Creek Townhomes, Phase 2, the following calls and distances; S 41 ° 34' 53" W, a distance of 179.08 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found for an east corner of this tract; S 48' 25' 07" E, a distance of 75.08 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found for an east corner of this tract S 63' 27' 57" W, a distance of 73.03 feet to a 5/8" iron rod with orange plastic cap marked "Carlomagno RPLS 1562" found for a point of curvature of this tract; Around a curve to the right having a delta angle of 03' 56' 47", an arc distance of 25.14 feet, a radius of 365.00 feet, and a chord of S 65' 2620" W, a distance of 25.14 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found for an east corner of this tract; S 22' 35' 16" E, a distance of 50.00 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found for an east corner of this tract; Around a curve to the right having a delta angle of 86' 08' 55", an arc distance of 37.59 feet, a radius of 25.00 feet, and a chord of S 69' 30' 49" E, a distance of 34.15 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1561 " found for a point of tangency of this tract; S 26' 26' 21" E, a distance of 70.07 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found for a point of curvature of this tract; Around a curve to the right having a delta angel of 93' 18' 41", an arc distance of 40.71 feet, a radius of 25.00 feet, and a chord of S 20' 12' 59" W, a distance of 36.36 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found for a point of compound curvature of this tract, also being a west corner of the said Spring Creek Townhomes, Phase 2, also being a point along the north right of way line of Decatur Drive, as public right of way as recorded in Volume 7800, page 12, Official Records of Brazos County, Texas; THENCE along the said north right of way of Decatur Drive the following calls and distances; Around a curve to the right having a delta angle of 65' 05' 49", an arc distance of 607.84 feet, a radius of 535.00 feet and a chord of N 80' 34' 46" W, a distance of 575.67 feet to a 1 /2" iron rod found for a point of tangency of this tract; N 47' 10' 55" W, a distance of 5.56 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" set for a west corner of this tract, also being a point along the said right of way of Decatur Drive, also being a point along the southeast boundary line of Spring Creek Gardens Subdivision, Phase 1, a subdivision in the said City of College Station, Brazos County, Texas, according to the plat thereof, as recorded in Volume 6663, page 31, Official Records of Brazos County, Texas; THENCE along the common line between this tract and the said Spring Creek Gardens, Phase 1, N 41 ° 35' 21 " E, a distance of 687.25 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found for a north corner of this tract, also being a point along the said southeast boundary line of Spring Creek Gardens, Phase 1, also being a west corner of the said Spring Creek Townhomes, Phase 2; THENCE along the common line between this tract and the said Spring Creek Townhomes, Phase 2, the following calls and distances; S 48' 25' 07" E, a distance of 103.02 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found for an east corner of this tract; S 41 ° 34' S3" W, a distance of 62.74 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found for an east corner of this tract; S 48' 25' 07" E, a distance of 50.00 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found for a north corner of this tract; Around a curve to the right having a delta angle of 92' 17' 33", an arc distance of 40.27 feet, a radius of 25.00 feet and a chord of N 87' 43' 39" E, a distance of 36.06 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found for a point of tangency of this tract; S 46' 07' 35" E, a distance of 94.08 feet to the PLACE OF BEGINNING, containing 5.309 acres of land, more or less. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes. TITLE APPEARS TO BE VESTED IN: SPRING CREEK CS DEVELOPMENT, LTD. by Warranty Deed from Timothy J. Crowley, dated June 24, 2002, recorded in Volume 4712, page 260, Official Records of Brazos County, Texas. SUBJECT TO: LIENS: I►0►_ • __KQ:s ABSTRACTS OF JUDGMENTS/FEDERAL AND/OR STATE LIENS: NONE OF RECORD EASEMENTS: Easements, or claims of easements, which are not recorded in the public records. Easement from The Estate of Ethel Cavitt Estate, deceased to Producer's Gas Company, dated July 22, 1981, recorded in Volume 534, page 84, Deed Records of Brazos County, Texas. Public Utility Easement from Spring Creek CS Development, Ltd. to City of College Station, Texas, dated May 30, 2007, recorded in Volume 8002, page 282, Official Records of Brazos County, Texas. OUTSTANDING MINERALS AND/OR ROYALTIES: Mineral reservation in Deed from Edith Cavitt Estate et al to United Four Joint Venture, dated December 16, 1982, recorded in Volume 564, page 504, Deed Records of Brazos County, Texas. Title to this reservation has not been traced subsequent to the date of the above -cited instrument. Royalty reservation in Deed from Robert B. Waltman et ux to Timothy J. Crowley, dated January 24, 1992, recorded in Volume 1415, page 74, Official Records of Brazos County, Texas. Title to this reservation has not been traced subsequent to the date of the above -cited instrument. Mineral reservation in Deed from Timothy J. Crowley to Spring Creek CS Development, Ltd., dated June 24, 2002, recorded in Volume 4712, page 260, Official Records of Brazos County, Texas. Title to this reservation has not been traced subsequent to the date of the above -cited instrument. OIL & GAS LEASES: Estate created by Oil and Gas Lease from Edith Cavitt Estate et al to Cayuga Exploration, Inc., dated August 15, 1977, recorded in Volume 27, page 530, O&GL Records of Brazos County, Texas. Title to this lease has not been traced subsequent to the date of the above -cited instrument. Estate created by Oil and Gas Lease from Timothy J. Crowley, et al to Union Pacific Resources Company, dated May 29, 1990, recorded in Volume 1205, page 135, Official Records of Brazos County, Texas; as ratified in instruments recorded in Volume 1197, page 837 and 839; Volume 1220, pages 311, 313, 315 and 317 and Volume 1667, page 42, Official Records of Brazos County, Texas; and as amended and extended in instruments recorded in Volume 1835, page 92 and Volume 1839, page 303, Official Records of Brazos County, Texas; subject to Partial Release dated October 17, 1995, recorded in Volume 2514, page 332, Official Records of Brazos County, Texas; subject to terms and conditions of Agreement of Lessor regarding Oil and Gas Lease dated February 9, 2010, recorded in Volume 9497, page 255, Official Records of Brazos County, Texas. Title to this lease has not been traced subsequent to the date of the above -cited instrument. RESTRICTIONS OF RECORD: NONE OF RECORD TAXES/ASSESSMENTS: NONE REQUESTED MISCELLANEOUS: All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records, whether listed or not. There may be leases, grants, exceptions or reservations of mineral interests that are not listed. THIS TITLE REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING, EVIDENCED BY THE ACCEPTANCE OF SAME THAT THE UNDERSIGNED, Brazos County Abstract Company DOES NOT UNDERTAKE HEREIN TO GIVE OR EXPRESS ANY OPINION AS TO THE VALIDITY OF THE TITLE TO THE PROPERTY ABOVE DESCRIBED, NOR AS TO THE VALIDITY OF ANY OF THE INSTRUMENTS REPORTED HEREIN, INCLUDING THE PURPORTED DEED(S) ESTABLISHING THE RECORD OWNER(S) CITED ABOVE, BUT IS SIMPLY REPORTING BRIEFLY HEREIN AS TO THE INSTRUMENTS FOUND OF RECORD PERTAINING TO SAID PROPERTY, AND IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THIS TITLE REPORT IS NEITHER A GUARANTY NOR WARRANTY OF THE TITLE. BY ACCEPTANCE OF THIS TITLE REPORT IT IS UNDERSTOOD THAT THE LIABILITY OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO THE ACTUAL MONETARY CONSIDERATION PAID FOR SAID REPORT BY Vicki Hillert. THIS SEARCH HAS BEEN LIMITED TO THE ABOVE MATTERS AND THE ABOVE TIME PERIOD; AND WE HAVE NOT SEARCHED FOR, NOR HAVE REFLECTED HEREIN, ANY EXAMINATION AS TO TAX SUITS, SPECIAL ASSESSMENTS, CONFLICTS OR OTHER INSTRUMENTS WHICH MAY AFFECT TITLE TO THE SUBJECT PROPERTY. IF TITLE INSURANCE COVERAGE, WHICH IS NOT PROVIDED BY THIS REPORT, IS NEEDED, SAID COVERAGE IS AVAILABLE THROUGH THE APPLICABLE PROMULGATED POLICY(IES), AND AT A SPECIFIED RATE PREMIUM. Brazos County Abstract Company 1 Please direct inquiries to: Lisa Kemp