HomeMy WebLinkAboutNothing Further CertificateOF Number: 00104511
Effective Date: November 30, 2010
Examiner: ARB
NOTHING FURTHER CERTIFICATE
STATE OF TEXAS
COUNTY OF BRAZOS
THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they
are reflected in the geographically indexed title plant of University Title Company as to the following property, to -
wit:
METES AND BOUNDS DESCRIPTION OF AN ALL /HAT CERTAIN TRACT OR PARCEL OF
LAND LYING AND BEING SITUATED IN THE CRAWFORD BURNETT SURVEY,
ABSTRACT NO. 7, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING
THE REMAINDER OF A CALLED 134.041 ACRE TRACT AS DESCRIBED BY A DEED TO
TLS PROPERTIES, LTD. RECORDED IN VOLUME 3091, PAGE 243 OF THE OFFICIAL
PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND ALL OF A CALLED 4.99 ACRE
TRACT AS DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME
8735, PAGE 224 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS,
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A 5/8 INCH DION ROD FOUND ON THE NORTHWEST LINE OF DOWLING
ROAD (A COUNTY MAINTAINED PUBLIC ROAD — VARIABLE WIDTH PLO W) MARRING THE
SOUTH CORNER OF SAID REMAINDER OF 134.041 ACRE TRACT AND AN ANGLE POINT IN
THE NORTHWEST LINE OF DOWLING ROAD;
THENCE: N 480 14' 40" W ALONG THE SOUTHWEST LINE OF SAID REMAINDER OF
134.041 ACRE TRACT, SAME BEING THE NORTHEAST LINE OF THE WOODLANDS,
ACCORDING TO THE PLAT RECORDED IN VOLUME 393, PAGE 521 OF THIN DEED RECORDS
OF BRAZOS COUNTY, TEXAS, AND THE EXTENSION OF SAID NORTHEAST LINE, FOR A
DISTANCE OF 1243.67 FEET TO A CONCRETE MONUMENT FOUND MARKING THE NORTH
CORNER OF THE WOODLANDS AND THE EAST CORNER OF A CALLED TRACT OF LAND
OWNED BY THE TEXAS A&M UNIVERSITY SYSTEM;
THENCE: N 480 24' 12" W ALONG THE COMMON LINE OF SAID REMAINDER OF 134.041
ACRE TRACT AND SAID TEXAS A&M TRACT FOR A DISTANCE OF 496.23 FEET TO THE
REMAINS OF AN OLD FENCE POST FOUND MARKING THE SOUTH CORNER OF A
CALLED 43.633 ACRE TRACT AS DESCRIBED BY A DEED TO BVP 2818 PLACE, LP,
RECORDED IN VOLUME 7943, PAGE 180 OF THE OFFICIAL PUBLIC RECORDS OF
BRAZOS COUNTY, TEXAS, SAID 43.633 ACRE TRACT NOW KNOWN AS 2818 PLACE
ACCORDING TO TUB PLAT RECORDED IN VOLUME 8721, PAGE 259 OF THE OFFICIAL
PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: N 410 44' 04" E ALONG THIN COMMON LINE OF SAID REMAINDER OF 134.041
ACRE TRACT AND SAID 2818 PLACE FOR A DISTANCE OF 2114.76 FEET TO A 518 INCH IRON
ROD FOUND ON THE SOUTH LINE OF FM 2818 (HARVEY MITCHHELL PARKWAY —
VARIABLE WIDTH R.O.W.) MARKING THIN NORTHWEST CORNER OF SAID REMAINDER
OF 134.041 ACRE TRACT AND THE EAST CORNER OF SAID 2818 PLACE;
THENCE: ALONG THE SOUTH LINE OF FM 2818 FOR THE FOLLOWING CALLS:
N 830 49' 00" E FOR A DISTANCE OF 302.72 FEET TO A CONCRETE RIGHT-OF-WAY
MARKER FOUND;
N 840 44' 20" E FOR A DISTANCE OF 1136.72 FEET TO A 518 INCH IRON ROD FOUND
MARKING THE NORTHEAST CORNER OF THIS HEREIN DESCRIBED TRACT AND THE
NORTHWEST CORNER OF A CALLED 4.365 ACRE TRACT AS DESCRIBED BY A DEED TO
THE CITY OF COLLEGE STATION RECORDED IN VOLUME 8735, PAGE 231 OF THE
OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A
CONCRETE RIGHT-OF-WAY MARKER FOUND BEARS: N 840 44' 20" E FOR A DISTANCE
OF 89.87 FEET;
THENCE: ALONG THE COMMON LINE OF SAID REMAINDER OF 134.041 ACRE TRACT
AND SAID 4365 ACRE TRACT FOR TIRE FOLLOWING CALLS:
S 110 48' 11" E FOR A DISTANCE, OF 502.09 FEET TO A 5/8INCH IRON ROD FOUND;
S 78011' 49" W FOR A DISTANCE OF 17.00 FEET TO A. 518 INCH IRON ROD FOUND;
S IT- 48' 11" E FOR A DISTANCE OF 155.74 FEET TO A 518 INCH IRON ROD FOUND ON THE
COMMON LINE OF SAID 134.041 ACRE TRACT AND THE REMAINDER OF A CALLED
10.7466 ACRE TRACT AS DESCRIBED BY A DEED TO THE CITY OF COLLEGE STATION
RECORDED IN VOLUME 6950, PAGE 42 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS
COUNTY, TEXAS;
THENCE: S 420 32' 57" W ALONG THE COMMON LINE OF SAID REMAINDER OF 134.041 ACRE
TRACT AND REMAINDER OF 10.7466 ACRE TRACT FOR ADISTANCE OF 196.78 FEET TO A 5/8
INCH IRON ROD FOUND MARKING THE NORTH CORNER OF SAID 4.99 ACRE TRACT;
THENCE: S 100 56' 18" E ALONG THE COMMON LINE OF SAID 4.99 ACRE TRACT AND
SAID REMAINDER OF 10.7466 ACRE TRACT FOR A DISTANCE OF 439.12 FEET TO A 5/8
INCH IRON ROD FOUND ON THE COMMON LINE OF SAID 4.99 ACRE TRACT AND THE
REMAINDER OF A CALLED 5.000 ACRE TRACT AS DESCRIBED BY A DEED TO THE CITY
OF COLLEGE STATION RECORDED IN VOLUME 8222, PAGE 226 OF THE OFFICIAL
PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, SAID IRON ROD FOUND MARKING TEE
BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 575.00 FEET;
THENCE: ALONG THE COMMON LINE OF SAID 4.99 ACRE TRACT AND SAID
REMAINDER OF 5.000 ACRE TRACT AND ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 320 27' 42" FOR AN ARC DISTANCE OF 325.77 FEET (CHORD BEARS: S 05017' 33"
W - 321.43 FEET) TO A 518 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF
DOWLING ROAD MARKING THE ENDING POINT OF SAID CURVE;
THENCE: S 430 011 08" W ALONG THE NORTHWEST LINE OF DOWLING ROAD FOR A
DISTANCE OF 94.15 FEET TO A 5/8 INCH. IRON ROD FOUND MARKING THE SOUTH
CORNER OF SAID 4.99 ACRE TRACT;
THENCE: S 430 01' 19" W CONTINUING ALONG THE NORTHWEST LINE OF DOWLING
ROAD FOR A DISTANCE OF 1262.08 FEET TO A V. INCH IRON ROD FOUND MARKING AN
ANGLE POINT IN SAID LINE;
THENCE: S 620 44' 18" W CONTINUING ALONG THE NORTHWEST LINE OF DOWLING ROAD
FOR A. DISTANCE OF 736.81 FEET TO THE POINT OF BEGINNING CONTAINING 120.76 ACRES
OF LAND, MORE OR LESS.
SAVEANDEXCEPT:
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACP OR PARCEL OF LAND LYING
AND BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, COLLEGE
STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A
CALLED 134.041 ACRE TRACT AS DESCRIBED BYADEEDTO TLS PROPERTIES, LTD. RECORDED IN
VOLUME3091, PAGE 243 OF THE OFFIC W, PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBEDBY METES AND BOUNDS AS FOLLOWS:
BECENI'0NG AT A 95INCI IRON ROD FOUND MARKING A COMMON CORNER OF SAID REMAINDER
OF 134.041 ACRE TRACT AND A CAI LIM 439 ACRE TRACT AS DESCRIBED BY A DEED TO THE CITY
OF COLLEGE STATION RECORDED IN VOLUME 8735, PAGE 231 OF THE OFFICIAL PUBLIC
RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A 5B INCH IRON ROD FOUND
MARKING ANOTHER COMMON CORNER OF SAID REMAINDER OF 134.041 ACRE TRACT AND
SAID4365ACRETRACTBEAR4: N 780 31' 49" E FORADLSTANCE 01717.00 FEET;
THENCE S IV 48' 11" E ALONG THE COMMON LINE OF SAID REMAINDER OF 134.041 ACRE
TRACT ANDSAID4365 ACRETRACTFORADISTANCEOF15i74FEETTOASBINCHIRONRODFOUND
ON THE NORTHWEST LINE OF THE REMAINDER OF A CALLED 10.7466 ACRE TRACT AS
DESCRIBEDBY ADM) TO THECIl'YOFCOLLEGESTATIONRECORDED INVOLUME 6950,PAGE42
OFTHEOFFICIALPUBLIC RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: S 420 3V 57" W ALONG THE COMMON LINE OF SAID REMAINDER OF 134.041 ACRE
TRACT AND SAID REMAINDER OF 10.7466 ACRE TRACT, AT 196.78 FEET PASS A SB INCH IRON ROD
FOUNDMARIONGTBENORTHCORNEROFACALIED499ACRETRACTASDESCRIBEDBYADM)
TO TIS PROPERTIES, LTD. RECORDED IN VOLUME 8735, PAGE 224 OF THE OFFICIAL PUBLIC
RECORDS OFBRAZOS COUNTY, TEXAS, CONTINUE ONFORATOTALDISTANCE OF 199.27FEET
TO THE MOST SOUTHERLY CORNER OF THIS HEREBN DESCRIBED TRACT, FOR REMtENCE A M
INCHIIONRODFOUNDBEARS: S 42032' S7" W FORADLSTANCEOF210.00FEET;
THENCE: N 100 56' 18" THROUGH SAID REMAINDER OF 134,041 ACRE TRACT FOR A DISTANCE
OF271.91 FEET TO THE NORTHWEST CORNEROFTHIS HEREIN DESCRIBED TRACT,'
THENCE: N78011' 49" E CONTINUING THROUGH SAID REMAINDER OF IM.041 ACRE, TRACT FORA
DISTANCE OF 157.83 FEET TO THE POINTOFBEGSVNINGCONTAINBNG 0.78 OF AN ACRE OF LAND,
MOREOFLESS.
FURTHER SAVE AND EXCEPT:
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND
LYING AND BEING SITUATED IN THE CRAWFORD BURNETT LEAGUE ABSTRACT NO. 7,
COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF TBE
REMAINDER OF A CALLED 134.041 ACRE TRACT AS DESCRIBED BY A DEED TO TTS
PROPERTIES, LTD. RECORDED IN VOLUME 3091, PAGE 243 OF TILE OFFKLAL PUBLIC
RECORDS OF BRAZOS COUNTY, TEXAS, AND A PORTION OF A CALLED 4.99 ACRE TRACT AS
DESCRIBED BY DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME 8735, PAGE 224 OF
THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT A 518 INCH IRON ROD FOUND ON TEE SOUTHERLY LINE OF FM 2818
(HARVEY MITCHELL PARKWAY - VARIABLE WIDTH R.O.W.) MARKING THE NORTHWEST
CORNER OF SAID REMAINDER OF 134.041 ACRE TRACT AND THE NORTHEAST CORNER OF
2818 PLACE, ACCORDING TO THE PLAT RECORDED IN VOLUME 8721, PAGE 259 OF TEE
OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: N 830 49' 00" E ALONG THE SOUTHERLY LINE OF FM 2818 FOR A DISTANCE OF
231.75 FEET TO THE POINT OFBEGIlVNING OFTHIS HEREINDFSCRIBEDTRACT;
THENCE: N 830 49' 00" E CONTINUING ALONG THE SOUTHERLY LINE OF FM 2818 FOR A
DISTANCE OF 70.97 FEET TO A CONCRETE RIGHT-OF-WAY MARKER FOUND MAULING AN
ANGLE POINT IN SAID LINE;
THENCE: N 84044' 20" E CONTINUING ALONG THE SOUTHERLY LINE OF FM 2818 FOR A
DISTANCE OF 14.02 FEET TO A POINT MARKING THE BEGINNING OF A
COUNTERCLOCKWISE CURVE HAVING A RADWS OF 755.00 FEET, FOR REFERENCE A 58
INCH IRON ROD FOUND ON THE SOUTHERLY LINE OF FM 2818 BEARS: N 840 44' 20" E FOR A
DISTANCE OF 1122.70 FEET;
THENCE: THROUGH SAID REMAINDER OF 134.041 ACRE TRACT FOR THE FOLLOWING
CALLS:
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 040 47' 44" FOR AN ARC DISTANCE OF
63.19 FEET (CHORD BEARS: S 080 35' 54" E-6317 FEET) TO THE END OF SAID CURVE;
S 010 25' 11" W FOR A DISTANCE OF 21.80 FEET TO THE BEGINNING OF A
COUNTERCLOCKWISE CURVEHAVING A RADIUS OF 760.00 FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 530 41' 40" FOR AN ARC DISTANCE OF
712.23 FEET (CHORD BEARS: S 390 26' 54" E - 686A5 FEET) TO THE END OF SAID CURVE;
N 67011' 54" E FOR A DISTANCE OF 20.30 FEET;
N 200 41' 32" E FOR A DISTANCE OF 7.85 FEET;
S 700 09' 53" E FOR ADISTANCE OF 60.01 FEET;
S 200 41' 32" W FOR A DISTANCE OF 8.18 FEET;
S 26010' 59" E FOR ADISTANCE OF20.43 FEET TO THE BEGINNING OF COUNTERCLOCKWISE
CURVE HAVING A RADIUS OF 760.00 FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 270 52' 52" FOR AN ARC DISTANCE OF
369.83 FEET (CHORD BEARS: S 860 59' 52" E - 366.19 FEET) TO THE END OF SAID CURVE;
N 790 03' 42" E FOR A DISTANCE OF 199.53 FEET;
S 100 56' 18" E, AT 63.77 FEET PASS A 5/8 INCH IRON ROD FOUND MARKING THE NORTH
CORNER OF SAID 4.99 ACRE TRACT, SAID IRON ROD FOUND BEING ONTHE WEsTIMLYLINE
OF THE REMAINDER OFA CALLED 10.7466 ACRE TRACT AS DESCRIBED BY A DEED TO THE
CITY OF COLLEGE STATION RECORDED IN VOLUME 6950, PAGE 42 OF THE OFFICIAL
PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, CONTINUE ON FOR A TOTAL DISTANCE OF
105.00 FEET, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE EAST LINE OF SAID 4.99
ACRE TRACT BEARS: S 10056' 18" E FOR ADISTANCE OF397.92 FEET;
THENCE: S 790 03' 42" W THROUGH SAID 4.99 ACRE TRACT FOR A DISTANCE OF 80.00 FEET
TO A POINT WITHIN SAID REMAINDER OF 134.041 ACRE TRACT;
THENCE: THROUGH SAID REMAINDER OF 134.041 ACRE TRACT FOR THE FOLLOWING
CALLS:
N 550 56' 18" W FOR A DISTANCE OF 35.36 FEET;
S 790 03' 42" W FOR A DISTANCE OF 94.53 FEET TO THE BEGINNING OF A CLOCKWISE CURVE
HAVING ARADIUS OF 840.00 FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 280 32' S7" FORAM ARC DISTANCE OF
41855FEE'I' (CHORD BEARS: N 860 39' 50" W-414.24 FEET) TO THE END OF SAID CURVE;
S 710 08' S8" W FORA DISTANCE OF 28AB FEET;
SSr 52' 35" W FOR A DISTANCE OF 1031 FEET;
N 71013' 22" W FOR A DISTANCE OF 61.86 FEET;
N 320 52' 35" E FOR A DISTANCE OF 1031 FEET;
N 290 44' 31" W FORA DISTANCE OF 33.72 FEET TO THE BEGINNING OF A CLOCKWISE CURVE
HAVING ARADIUS OF 840.00 FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 140 47'40" FOR AN ARC DISTANCE OF
216.90 FEET (CHORD BEARS: N 570 29' 51" W - 21630 FEET) TO THE END OF SAID CURVE;
S 850 29' S8" W FOR A DISTANCE OF 35.00 FEET;
N 440 24' S9" W FOR ADISTANCE OF 60.18 FEET;
N 000 51' 06" W FORA DISTANCE OF 33.44 FEET TO THE BEGINNING OF A CLOCKWISE CURVE
HAVING A RADIUS OF 840.00 FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 360 37' 03" FOR AN ARC DISTANCE OF
536.84 FEET (CHORD BEARS: N 240 29' 32" W - 527.75 FEET) TO THE POINT OF BEGINNING
CONTAINING 2.99 ACRES OR LAND, MORE ORLESS.
NOTE: The Company is prohibited from insuring the area or quantity of the land described here!".
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.
and that our records reflect that the following is a true and correct list of documents affecting title to the real property
described supra between the dates of December 17, 2008 and November 30, 2010:
Warranty Deed with Vendor's Lien
Grantor: TLS Properties, Ltd.
Grantee: Capstone — CS, LLC
Dated: December 15, 2010
Recorded: Volume 8900, Page 148, Official Records, Brazos County, Texas.
Deed of Tmst to secure a Note:
Grantor.
Capstone — CS, LLC
Trustee:
J. William Earle
Beneficiary:
TLS Properties, Ltd.
Amount:
$6,394,000.00
Dated:
December 15, 2008
Recorded:
Volume 8900, Page 156, Official Records, Brazos County, Texas.
Said Note and Deed of Trust modified by Agreement:
Dated: November 15, 2009
Recorded: Volume 9391, Page 7, Official Records, Brazos County, Texas.
Said Note and Deed of Trust modified by Agreement:
Dated: January 15, 2010
Recorded; Volume 9515, Page 74, Official Records, Brazos County, Texas.
Partial Release and Modification of Easement Rights
From: Sinclair Refining Company
To: Capstone — CS, LLC
Dated: May 19, 2009
Recorded: Volume 9122, Page 179, Official Records, Brazos County, Texas. (Partially releases easement
recorded in Volume 132, Page 127, Deed Records, Brazos County, Texas.)
Special Warranty Deed
Grantor: Capstone — CS, LLC
Grantee: City of College Station
Dated: February 10, 2010
Recorded: Volume 9503, Page 277, Official Records, Brazos County, Texas.
Right of Way Dedication Deed
Grantor. Capstone — CS, LLC
Grantee: City of College Station
Dated: February 10, 2010
Recorded: Volume 9503, Page 288, Official Records, Brazos County, Texas.
Lien for paving, by the City of College Station:
Against: TLS Properties, Ltd.
Amount: SNone Given
Dated: January 14, 2010
Recorded: Volume 9468, Page 156, Official Records, Brazos County, Texas.
Easement:
From:
Capstone — CS, LLC
To:
City of College Station
Dated:
February 10, 2010
Recorded:
Volume 9504, Page 10, Official Records, Brazos County, Texas.
Easement:
From:
Capstone — CS, LLC
To:
City of College Station
Dated:
February 10, 2010
Recorded:
Volume 9504, Page 18, Official Records, Brazos County, Texas.
Easement:
From:
Capstone—CS,LLC
To:
City of College Station
Dated:
February 10, 2010
Recorded:
Volume 9504, Page 27, Official Records, Brazos County, Texas.
Easement:
From:
Capstone — CS, LLC
To:
City of College Station
Dated:
February 10, 2010
Recorded:
Volume 9504, Page 41, Official Records, Brazos County, Texas.
Easement:
From:
Capstone — CS, LLC
To:
City of College Station
Dated:
February 10, 2010
Recorded:
Volume 9504, Page 58, Official Records, Brazos County, Texas.
Partial Release of Lien:
From: TLS Properties, Ltd.
To: Capstone — CS, LLC
Dated: January 7, 2010
Recorded: Volume 9503, Page 285, Official Records, Brazos County, Texas.
Partial Release of Lien:
From:
TLS Properties, Ltd.
To:
Capstone—CS,LLC
Dated:
January 7, 2010
Recorded:
Volume 9504, Page 1, Official Records, Brazos County, Texas.
This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned
does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply
reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is
expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of
this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments
or conflicts.
University Title Company
By: l a
(rat)
a