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R 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: (979 713-8352 Bryan, Texas 77802
BCAC GF NO. 152473
Title Report Prepared July 5, 2012
for
PHILLIPS ENGINEERING
Attention: M. KENT M. LAZA
4490 CASTLEGATE DRIVE
COLLEGE STATION, TEXAS 77845
Experience Matters
„i Brazos Tw Brazos County Abstract Company
"More than 140 Years of Title Service”
EFFECTIVE DATE:
GF NO.
July 3, 2012 at 8:00 a.m.
PROPERTY DESCRIPTION:
152473
Being 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 the remainder of a called 136.063
acre tract as described by a Deed to L. M. Haupt, Jr. and wife, Stella Geren
Haupt recorded in Volume 171, page 392, Deed Records of Brazos County,
Texas, and the remainder of a called 3.3 acre tract as described by a Deed to
Lewis M. Haupt, Jr., recorded in Volume 293, page 788, Deed 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 southwest line of Old
Wellborn Road marking the east corner of said remainder of 136.063 acre
tract and the north corner of a called 12.40 acre tract as described by a Deed
to Osage, Ltd., recorded in Volume 1130, page 570, Official Records of
Brazos County, Texas;
THENCE S 41° 12' 34" W along the common line of said remainder of
136.063 acre tract and said 12.40 acre tract for a distance of 517.37 feet to a
3/8 inch iron rod found marking the west corner of said 12,40 acre tract and
the north corner of the remainder of a called 8,833 acre tract as described by
a Deed to Greens Prairie Investors, Ltd., recorded in Volume 8413, page 22,
Official Records of Brazos County, Texas;
THENCE S 410 55' 50" W along the common line of said remainder of
136,063 acre tract and said remainder of 8.833 acre tract for a distance of
429.64 feet to a 1/2 inch iron rod found marking the common corner of said
remainder of 8.833 acre tract and the remainder of a called 3.0 acre tract as
described by a Deed to Greens Prairie Investors, Ltd., recorded in Volume
8513, page 276, Official Records of Brazos County, Texas;
THENCE S 410 18' 46" W along the common line of said remainder of
136.063 acre tract and said remainder of 3.0 acre tract for a distance of
124.14 feet to a 1/2 inch iron rod found marking the north corner of
Williamsgate Subdivision, Phase 1, according to the plat recorded in
Brazos County Abstract Company
"More than 140 Years of Title Service"
Volume 7705, page 206, Official Records of Brazos County, Texas;
THENCE S 41 ° 30' 18" W along the common line of said remainder of
136.063 acre tract and Willianrsgate Subdivision, Phase 1 and the remainder
of a called 20.25 acre tract as described by a Deed to Robbie Robinson,
Ltd., recorded in Volume 6446, page 92, Official Records of Brazos
County, Texas, for a distance of 637.46 feet to a 1/2 inch iron rod found
marking an easterly corner of a called 22.97 acre tract as described by a
Deed to Charles I. Turner and Mary E. Turner recorded in Volume 3331,
page 61, Official Records of Brazos County, Texas,
THENCE N 490 58' 35" W along the common line of said remainder of
136.063 acre tract and said 22.97 acre tract for a distance of 562,09 feet to a
1/2 inch iron rod found marking the north corner of said 22.97 acre tract;
THENCE S 410 21' 39" W continuing along the common line of said
remainder of 136.063 acre tract and said 22.97 acre tract for a distance of
801.59 feet to a 112 inch iron rod found on the northwest line of a called
23.00 acre tract described as Tract 2 by a Deed to Henry P. Mayo and wife,
Sandra K. Mayo, recorded in Volume 1253, page 878, Official Records of
Brazos County, Texas, marking the east corner of a called 27.017 acre tract
divided out of said remainder of 136.063 acre tract, said 27.017 acre tract
not yet filed of record at the time of this description;
THENCE through said remainder of 136,063 acre tract and along the
northeast and northwest lines of said 27.017 acre tract for the following
calls:
N 470 431181, W for a distance of 898.64 feet to a 1/2 inch iron rod found;
S 420 56' 0 1 " W for a distance of 803.33 feet to a 1/2 inch iron rod found
marking the beginning of a clockwise curve having a radius of 468.50 feet;
Along said curve through a central angle of 25' 02' 43" for an arc distance
of 204.79 feet (Chord Bears: S 55' 2604" W - 203.17 feet) to a 1/2 inch
iron rod found marking the ending point of said curve;
S 670 52' 33" W for a distance of 30.24 feet to a 1/2 inch iron rod found on
the northeast line of Jones Butler road marking the southwest corner of this
herein described tract;
THENCE N 22' 02' 42" W along the northeast line of Jones Butler Road,
same being the southwest lane of said remainder of 3.3 acre tract, for a
Brazos County Abstract Company
"More than 140 Years of Title Service"
distance of 412.84 feet to a 1/2 inch iron rod found marking the common
corner of said remainder of 3.3 acre tract and a called 29,175 acre tract as
described by a Deed to John Wheeler Barger, Trustee, recorded in Volume
7583, page 90, Official Records of Brazos County, Texas;
THENCE N 420 14' 17" E along the common line of said remainder of 3.3
acre tract and said remainder of 136.063 acre tract and said 29.175 acre tract
for a distance of 3402.74 feet to a 6 inch fence corner post found on the
southwest line of Old Wellborn Road marking the north corner of this
herein described tract;
THENCE S 470 04' 17" E along the
for a distance of 1867,58 feet to the
108.88 acres of land, more or less.
southwest line of Old Wellborn Road
POINT OF BEGINNING, containing
SAVE AND EXCEPT all that property lying within the boundary lines of
The Barracks II Subdivision, Phase 100, according to plat recorded in
Volume 10570, page 293, Official Records of Brazos County, Texas.
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
and does not override item 2 of Schedule B hereof.
TITLE APPEARS TO BE VESTED IN:
HEATH PHILLIPS INVESTMENTS, LLC
by Warranty Deed with Vendor's Lien from Arrenia H. Ellis, Florence H. King, Lewis M. Haupt,
III and Luella H. Trotter, dated May 13, 2012, recorded in Volume 9627, page 73, Official
Records of Brazos County, Texas.
SUBJECT TO:
LIENS: Deed of Trust, Security Agreement, Fixtures, Financing Statement and
Assigunent of Rents and Leases dated May 13, 2010, executed by Heath
Phillips Investments, LLC to Julius C. Dunlap, Trustee, securing one note
of even date payable to American Momentum Bank, in the principal amount
of $2,994,200,00,recorded in Volume 9627, page 80, Official Records of
Brazos County, Texas, and as modified rearranged and/or extended by
instruments recorded in Volume 10220, page IS and Volume 10470, page
*-ok Brazos County Abstract Company
"More than 140 Years of Title Service"
133, Official Records of Brazos County, Texas.
Deed of Trust, Security Agreement, Fixtures, Financing Statement and
Assignment of Rents and Leases dated October 4, 2011, executed by Heath
Phillips Investments, LLC to Ton Giesenschlag, Trustee, securing one note
of even date payable to Greens Prairie Investors, Ltd„ in the principal
amount of $2,600,000.00, recorded in Volume 10364, page 96, Official
Records of Brazos County, Texas.
2. ABSTRACT OF JUDGMENT/FEDERAL AND/OR STATE LIENS:
NONE OF RECORD
3. EASEMENTS: Right -of -Way Easement from J. W. Mochas to Sinclair Refining Company,
dated September 6, 1947, recorded in Volume 132, page 68, Deed Records
of Brazos County, Texas.
Right -of -Way Easement from P, D. Gandy et ux to City of Bryan, dated
December 22, 1949, recorded in Volume 141, page 392, Deed Records of
Brazos County, Texas.
Right -of -Way Easement from Arrenia Haupt Ellis et at to Wellborn Special
Utility District, dated May 12, 1999, recorded in Volume 3645, page 298,
Official Records of Brazos County, Texas.
Public Utility Easement from Arrenia H. Ellis et at to City of College
Station, Texas, dated May 24, 2006, recorded in Volume 7233, page 93,
Official Records of Brazos County, Texas.
Temporary Construction Easement from Arrenia H. Ellis et al to City of
College Station, Texas, dated May 24, 2006, recorded in Volume 7233,
page 103, Official Records of Brazos County, Texas,
Temporary Blanket Utility Easement from Heath Phillips Investments, LLC
to City of College Station, Texas, dated November 1, 2011, recorded in
Volume 10420, page 239, Official Records of Brazos County, Texas.
H
5.
6.
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]Brazos County Abstract Company
"More than 140 Years of Title Service"
OUTSTANDING MINERALS AND/OR ROYALTIES:
Royalty reservation in Deed from S. F. Machos et al to P. D. Gandy, dated
October 3, 1949, recorded in Volume 140, page 614, Deed Records of
Brazos County, Texas. Title to this reservation has not been traced
subsequent to the date of the above -cited instrument.
Mineral and groundwater reservation in Deed from Arrenia H. Ellis, et al to
Heath Phillips Investments, LLC, dated May 13, 2010, recorded in Volume
9637, page 73, 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 Leases from Florence Haupt Ring et al to
Baker Exploration Company, dated December, 1993, recorded in Volume
2020, pages 93, 113, 122 and 140, Official 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 Lewis M. Haupt to Baker
Exploration Company, dated January 5, 1994, recorded in Volume 2020,
page 146, Official Records of Brazos County, Texas, Title to this lease has
not been traced subsequent to the date of the above -cited instrument.
RESTRICTIONS: Restrictive covenants recorded in Volume 8986, page 115 and Volume
10671, page 145, Official Records of Brazos County, Texas.
TAXES: NO SEARCH MADE
8. MISCELLANEOUS: Terms, conditions and stipulations contained in Bill of Sale for Water rights
from Haupt Family Partnership to the Haupt Water Partnership, dated
December 7, 2000, recorded in Volume 4012, page 288, Official Records of
Brazos County, Texas.
The terms, conditions and stipulations contained in the Declaration of
Covenants, Conditions and Restrictions, executed by Greens Prairie
Investors, Ltd., dated March 3, 2009, recorded in Volume 8986, page 115
and amended in Volume 10671, page 145 and management certificate in
Volume 9520, page 215, Official Records of Brazos County, Texas.
Brazos County Abstract Company
"More than 140 Years of Title Service"
Maintenance charge as set forth in the Declaration of Covenants, Conditions
and Restrictions executed by Greens Prairie Investors, Ltd., dated March 3,
2009, recorded in Volume 8986, page 115 and amended in Volume 10671,
page 145, Official Records of Brazos County, Texas.
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 PHILLIPS ENGINEERING. 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 TIIE 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
` J
BY.
LISA KEMP