HomeMy WebLinkAboutTitle ReportBrazos County Abstract Company
"More than 125 Years of Title Seavice"
P.O. Box 4704 Phone: (979) 260-9728 418 Tarrow
Bryan, TX 77805-4704 Facsimile: (979) 779.7979 College Station, TX 77840-1822
E-mail: bcac@bcactg,com
Title Report Prepared
for
VICKI HILLERT
Brazos County Abstract Company
"More than 125 Years of Title Service"
EFFECTIVE DATE: December 27, 2011 at 8 o'clock A.M.
PROPERTY DESCRIPTION:
Being all that certain 202.655 acre tract or parcel of land lying and being
situated in the ROBERT STEVENSON SURVEY, Abstract No. 54,
College Station, Brazos County, Texas. Said tract being the remainder of a
called 303.97 acre tract as described in a Partition Deed to Diebel Family
Partners, Ltd., recorded in Volume 4027, page 29, Official Records of
Brazos County, Texas,
Said tract being more particularly described by metes and bounds as
follows:
BEGINNING at a % inch iron rod found on the southwest line of a called
75.07 acre tract as described by a Deed to BCS Development co„ recorded
in Volume 6985, page 42, Official Records of Brazos County, Texas,
marking the north corner of said remainder of 303.97 acre tract and the east
corner of a called 29,405 acre tract as described by a Deed to The Agnes C.
Baker Revocable Living Trust recorded in Volume 2488, page 64, Official
Records of Brazos County, Texas;
THENCE S 48' 03' 31" E along the common line of said remainder of
303.97 acre tract and said 75.07 acre tract, at 642.02 feet pass a % inch iron
rod found marking the west corner of Castlegate Subdivision, Section 9,
according to the plat recorded in Volume 4820, page 94, Official Records of
Brazos County, Texas, continue on along the common line of said
remainder of 303.97 acre tract and Castlegate Subdivision, Section 9,
Castlegate Subdivision, Section 7, Phase 1, according to the plat recorded in
Volume 7812, page 265, Official Records of Brazos county, Texas,
Castlegate Subdivision, Section 7, Phase 2, according to the plat recorded in
Volume 8369, page 131, Official Records of Brazos County, Texas, and
Castlegate Subdivision, Section 6, according to the plat recorded in Volume
7213, page 40, Official Records of Brazos County, Texas, at 4152.50 feet
pass a 3/8 inch iron rod found on the northeast line of said remainder of
303.97 acre tract, continue on for a total distance of 4166.54 feet to a point
within the paved right of way of Greens Prairie Road (variable width
R.O.W.) marking the east corner of this herein described tract;
THENCE S 410 5S' 52" W through the apparent right of way of Greens
Prairie Road and along the southeast line of said remainder of 303,97 acre
Brazos County Abstract Company
"More than 125 Years of Title Service"
tract for a distance of 2090,81 feet to the south corner of this herein
described tract;
THENCE N 48' 21' 09" W continuing through the apparent right of way of
Greens Prairie Road, at 39.39 feet a % inch iron rod found near the east
corner of Sweetwater Forest, Phase One, according to the plat recorded in
Volume 4267, page 254, Official Records of Brazos County, Texas, Bears:
N 28' 55' 32" E for a distance of 0.13 feet, continue along the common line
of said remainder of 303.97 acre tract and Sweetwater Forest, Phase one, for
a total distance of 158.04 feet to a point;
THENCE along the common line of said remainder of 303.97 acre tract and
Sweetwater Forest, Phase One, for the following calls:
N 560 19' 49" E for a distance of 85.94 feet;
N 24' 48' 53" W for a distance of 49,81 feet;
N 67' 0 V 46" W for a distance of 65.96 feet;
S 50° 32' 25" W for a distance of 60.05 feet;
N 52' 33' 01" W for a distance of 90.43 feet;
N 31' 31' 00" E for a distance of 78,55 feet;
N 52' 41' 45" E for a distance of 53.92 feet;
N 04" 33' 48" W for a distance of 27.74 feet;
N 640 22' 35" W for a distance of 58.62 feet;
S 64' 50' 10" W for a distance of 89.41 feet;
N 59' 39' 33" W for a distance of 92.34 feet;
S 72' 09' 0 1 " W for a distance of 54.75 feet;
N 560 06' 26" W for a distance of 85.10 feet;
S 33' 33' 04" W for a distance of 54.03 feet;
N 880 06' 49" W for a distance of 84.93 feet;
N 58' 52' 50" W for a distance of 135.41 feet;
S 66' 38' 21" W for a distance of 76.07 feet;
N 34' 47' 57" W for a distance of 50.12 feet;
N 230 42' 35" E for a distance of 24.18 feet,
N 81 ° 57' 29" W for a distance of 125,57 feet;
S 10' 37' 48" E for a distance of 41.67.fe6;
S 80' 46' 49" W for a distance of 36.76 feet;
N 41 ° 06' 28" W for a distance o£41.21 feet;
N 00' 33' 10" E for a distance of 33.24 feet to the South corner of the
remainder of a called 101.322 acre tract as described by said Partition Deed
to Esther Jane Grant McDougal (4027/29);
THENCE N 130 02' 3 1 " E along the common line of said remainder of
303.97 acre tract and said remainder of 101,322 acre tract, at 69.86 feet pass
a '/2 inch iron rod found, continue on for a total distance of 296.67 feet to a
Brazos County Abstract Company
"More than 125 Years of Title Service"
%2 inch iron rod found;
THENCE N 48° 03' 24" W continuing along the common line of said
remainder of 303.97 acre tract and said remainder of 101,322 acre tract for a
distance of 2926.83 feet to a %: inch iron rod found on the southeast line of a
called 18.80 acre tract described as Tract 7 by a Partition Deed to Chester
Brown recorded in Volume 3413, page 228, Official Records of Brazos
County, Texas;
THENCE N 410 56' 44" E along the common tine of said remainder of
303,97 acre tract and said 18.80 acre tract and the aforementioned 29.405
acre tract (2488/64) for a distance of 2106.35 feet to the POINT OF
BEGINNING, containing 202.655 acres of land, more or less,
SAVE AND EXCEPT all that certain property lying within the boundary of
CASTLEGATE If SUBDIVISION, SECTION 200, according to plat
recorded in Volume 10392, page 260, Official Records of Brazos County,
Texas,
TITLE APPEARS TO BE VESTED IN:
DOS DORADO DEVELOPMENT, LLC, d/b/a 3-D DEVELOPMENT
by Deed from Diebel Family Partners, Ltd., dated June 1, 2010, recorded in Volume 9656, page
213 and corrected in Volume 9735, page 105, Official Records of Brazos County, Texas,
SUBJECT TO:
i. LIENS: Deed of Trust dated June 1, 2010, executed by Dos Dorado Development,
LLC d/b/a 3-1) Development to J. Davis Watson, Trustee, for the benefit of
Diebel Family Partners, Ltd,, in the principal amount of $5,327,272.00,
recorded in Volume 9656, page 220, Official Records of Brazos County,
Texas.
2. ABSTRACT OF JUDGMENT/FEDERAL AND/OR STATE LIENS:
NONE OF RECORD
3. EASEMENTS: Easement from W, I. McCulloch to The City of Bryan, Texas, dated May
12, 1937, recorded in Volume 98, page 179, Deed Records of Brazos
Brazos County Abstract Company
"More than 125 Years of Title Service"
County, Texas.
Easement executed by Mrs. Mit Dansby et vir to Sinclair Refining
Company, dated March 10, 1947, recorded in Volume 132, page 29, Deed
Records of Brazos county, Texas; Assignment executed by Arco Pipe Line
Company (successor to Sinclair) to CITGO Products Pipeline Company,
dated September 30, 1994, recorded in Volume 2217, page 231, Official
Records of Brazos County, Texas; Assignment executed by CITGO
Products Pipeline Company to Explorer Pipeline Company, dated October
31, 2007 and also subsequent document executed on June 23, 2009,
recorded in Volume 8326, page 91 and in Volume 9192, page 101, Official
Records of Brazos County, Texas, and amended in instrument dated April
2, 2010, recorded in Volume 9565, page 135, Official Records of Brazos
County, Texas.
Easement from Esther Dansby et at to Seminole Pipeline Company, dated
December 14, 1981, recorded in Volume 505, page 776, Deed Records of
Brazos County, Texas.
Easement from Esther M. Dansby to Producer's Gas Company, dated
September 24, 1981, recorded in Volume 534, page 86, Deed Records of
Brazos County, Texas, Assignment instrument recorded in Volume 1076,
page 304, Official Records of Brazos County, Texas, Assignment
instrument recorded in Volume 1135, page 473, Official Records of Brazos
County, Texas, and amended in instrument recorded in Volume 9592, page
240, Official Records of Brazos County, Texas.
Easement from Mrs, Esther M. Dansby to Producer's Gas Company,
recorded January 14, 1983, recorded in Volume 556, page 345, Deed
Records of Brazos County, Texas; amended in instrument recorded hr
Volume 9592, page 240, Official Records of Brazos County, Texas.
Easement from Mrs. Esther McCulloch Dansby to The City of Bryan,
Texas, dated March 16, 1983, recorded in Volume 566, page 489, Deed
Records of Brazos County, Texas.
Revised Easement and Right of Way executed by Esther Jane Grant
McDougal et at to General Telephone Company of the Southwest, dated
February 27, 1985, recorded in Volume 771, page 12, Official Records of
Brazos County, Texas.
Easement from Esther Jane Grant McDougal et at to City of Bryan, dated
January 11, 1993, recorded in Volume 1697, page 170, Official Records of
Brazos County, Texas,
Brazos County Abstract Company
"More than 125 Years of Title Service"
Easement from Esther Jane McDougal to Aquila Southwest Pipeline
Corporation, dated July 8, 1994, recorded in Volume 2168, page 28,
Official Records of Brazos County, Texas.
Easement from Pauline Bruce Diebel to Aquila Southwest Pipeline
Corporation, dated July 11, 1994, recorded in Volume 2168, page 34,
Official Records of Brazos County, Texas.
Easement and Right of Way from Esther Jane Grant McDougal et al to
William Communication, Inc., d/b/a Vyvx, Inc., dated March 21, 2000,
recorded in Volume 3766, page 234, Official Records of Brazos County,
Texas.
Temporary Blanket Utility Easement from Dos Dorado Development, LLC
d/b/a 3-1) Development to City of College Station, Texas, dated October 19,
2011, recorded in Volume 10392, page 276, Official Records of Brazos
County, Texas.
4. OUTSTANDING MINERALS AND/OR ROYALTIES:
Mineral reservation in Deed from Esther Jane Grant McDougal to Pauline
Grant Diebel, dated September 30, 1993, recorded in Volume 1934, page
157, 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 fiom Esther Jane Grant McDougal to Diebel
Family Partners, Ltd„ dated April 7, 2000, recorded in Volume 4027, page
29, 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 Diebel Family Partners, Ltd, to Dos
Dorado Development, LLC dba 3-D Development, dated June 1, 2010,
recorded in Volume 9656, page 213 and corrected in Volume 9735, page
105, Official Records of Brazos County, Texas. Title to this reservation has
not been traced subsequent to the date of the above -cited instrument.
Terms and conditions contained in Waiver of Use of Surface Rights
executed by Pauline Grant Diebel, recorded in Volume 2106, page 99,
Official Records of Brazos County, Texas.
Terms and conditions contained in Waiver of Surface Rights executed by
Diebet Family Partners, Ltd., et al, recorded in Volume 9656, pages 203 and
208, Official Records of Brazos County, Texas.
5.
0
Brazos County Abstract Company
"More than 125 Years of Title Service"
OIL & GAS LEASES: NONE OF RECORD
RESTRICTIONS: NONE OF RECORD
TAXES: NO SEARCH MADE
MISCELLANEOUS:
All leases, grants, exceptions or reservations of coal, lignite, oil, gas and
other minerals, together with all rights, privileges and inummities 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 I-iEREIN 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 BRAZOS COUNTY ABSTRACT
COMPANY. 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 TIM, 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 PRE, MIUM.
BRAZOS COUNTY ABSTRACT COMPANY
BY: 6=zo
LISA KEMP