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HomeMy WebLinkAboutTitle ReportTITLE REPORT foir UNIVERSITY TITLE COMPANY 1021 University Dr. East, College Station, Texas 77840 G.F. No.: 00112523 Certification Date: January 6, 2013 Examiner: JMP Property Description: Tract One: Field Notes of a 360.00 .acre tract or parcel of land, lying and being situated in the J. M. Barrera Survey, Abstract No, 69, Brazos County, Texas, and being that certain 360.00 acre tract which is described as the SAVE AND EXCEPT tract in the Deed front Brazos Coal, Ltd., to Thousand Oaks Development Company Joint Venture as recorded in Volume 1454, Page 187, of the Official Records of Brazos County, Texas, and is further described in the Correction Partition Warranty Deed recorded in Volume 1569, Page 119, of the Official Records of Brazos County, Texas, and is part of the called 547.1 acre tract and part of the called 409.2 acre tract and part of the called 281.6 acre tract described in the deed from J. W. McFarlane, Trustee, to Brazos Coal, Limited, as recorded in Volume 543, Page 769, of the Deed Records of Brazos County, Texas, and said 360.00 acre tract being more particularly described as follows: COMMENCING at: the %" iron rod found marking an angle point corner in the north line of the 152.93 acre Tract 5, described in the Deed to Thousand Oaks Development Company Joint Venture as recorded in Volume 1454, Page 187, of the Official Records of Brazos County, Texas, same being the Southeast corner of the called 107.349 acre (net) Tract 7, described in the above mentioned Volume 1454, Page 187, of the Official Records of Brazos County, Texas, and same being the Southwest corner of the South end of Cherokee Drive (60' wide right-of-way) according to the plat of Indian Oaks Subdivision recorded in Volume 361, Page 593, of the Deed Records of Brazos County, Texas, from which a crosstie fence corner bears S 63" 17' 52" W -1.3 feet; THENCE S 51Q 22' 23" W across the before mentioned 152.93 acre tract for a distance of 3590.36 feet to a 3/8" iron rod found at a 6" cedar post fence corner marking the Southwest corner of the 152.93 acre tract; THENCE along the North line of the following McFarlane Tracts: 1213,537 acre - 2nd Tract, Volume 315, Page 243; 235.123 acre tract, Volume 1817, Page 154; and the 1215.830 acre - 1st Tract, Volume 315, Page 243, same being the occupied south line of the 547.1 acre - Tract 1 (consisting of a 326.6 acre tract and a 220.5 acre tract, Volume 382, Page 37), and the 409.2 acre - Tract 2, described in the above mentioned Volume 1454, Page 187, of the Official Records of Brazos County, Texas), (consisting of a 157.7 acre tract and a 251.5 acre tract, \blume 382, Page 31), adjacent to a crooked fence, as follows: S 460 56' 57" W for a distance of 173.90 feet to a 3/8" iron rod found marking the Northwest corner of the 1213.537 acre tract, same being the Northeast corner of the 235.123 acre tract, S 47' 5731" W for a distance of 269.65 feet to a 12" water oak tree fence angle point; S 59' 49' 55" W for a distance of 113.55 feet to a 16" post oak tree fence angle point, S 87' 36' 13" W for a distance of 1364.03 feet to a 4" creosote post fence corner at the West end of a cattle guard entrance at or near the common corner of the 235.123 acre tract and the 1215.830 acre tract, N 890 09' 06" W for a distance of 247.35 feet to a ''%" iron rod set at the Southeast corner of the 360.00 acre tract, for the PLACE OF BEGINNING of this description; THENCE N 890 09' 06" W continuing along the North line of the before mentioned 1215.830 acre tract and the South line of the before mentioned 251.5 acre tract, adjacent to a fence, for a distance of 1690.69 feet to a 3/8" iron rod found (bent) marking the Northwest corner of the 1215.830 acre tract, same being the occupied Southwest corner of the 251.5 acre tract in the reconstructed cast line of the Frank B. McGregor - called 320 acre tract, Volume "P", Page 387, of the Deed Records of Brazos County, Texas, from which a 6" cedar post fence angle point bears N 73" 53' 38" E - 27.4 feet and an 8" creosote post fence corner bears S 00' 05' 16" W - 15.9 feet; THENCE along the reconstructed (no fence) common line between the before mentioned 251.5 acre tract and the before mentioned McGregor - 320 acre tract, as follows: N 00015' 38" W for a distance of 735.05 feet to a 1/2" iron rod set at the interior ell corner of the 251.5 acre tract, same being the most Easterly and Southerly Northeast corner of the 320 acre tract, S 890 44' 22" W at a distance of 762 feet, cross the existing occupation fence between the 251.5 acre and 320 acre tracts, continue on for a total distance of 1596.20 feet to a'h" iron rod set at the Southwest !3-U5 3•Zb•13 120 corner of the 251..5 acre tract, same being an interior ell corner of the 320 acre tract, N 000 15'38" W at a distance of 833.33 feet, pass a crosstie fence corner marking a Northeast corner of the 320 acre tract, same being the Southeast corner of the before mentioned 157.7 acre tract, continue on along the common line between the 157.7 acre tract and the 251.5 acre tract, the before mentioned 281.6 acre tract and the before mentioned 326.6 acre tract, for a distance of 4384.94 feet to a %z" iron rod set; THENCE along the lines of the 360.00 acre tract and through the interior of the before mentioned 281.6 acre and 220.5 acre tracts, as follows: N 89' "' 22" E for a distance of 3286.58 feet to a %" iron rod set, from which a 1/2" iron rod found in concrete marking the occupied interior ell corner of the 281.6 acre tract bears N 33' 01' 16" W — 390.21 feet; S 00' 15' 38" E for a distance of 5152.71 feet to the PLACE OF BEGINNING, containing 360.00 acres of land, more or less. Bearings based on True North, as obtained by Solar Observation. Tract Two: Field notes of a 1037.24 acre tract or parcel of land, lying and being situated in the H. G. Hudson Survey, Abstract No. 141, in the J. W. Stewart Survey, Abstract No. 213 and in the J. M. Barrera Survey, Abstract No. 69, Brazos County, Texas, and being part of the called 547.1 acre Tract 1 (consisting of a 326.6 acre tract and a 220.5 acre tract, Volume 382, Page 37), part of the called 409.2 acre - Tract 2 (consisting of a 157.7 acre tract and a 251.5 acre tract, Volume 382, Page 31), all of the called 152.93 acre Tract 5 and part of the called 281.6 acre Tract 6 described in the Deed from Brazos Coal, Ltd., to Thousand Oaks Development Company Joint Venture as recorded in Volume 1454, Page 187, of the Official Records of Brazos County, Texas, and said :1037.24 acre tract being more particularly described as follows: BEGINNING at the ''%" iron rod found marking an angle point corner in the North line of the before mentioned 152.93 acre tract, same being the Southeast corner of the called 107.349 acre (net) Tract 7, described in the above mentioned Volume 1454, Page 187, of the Official Records of Brazos County, Texas, and same being the Southwest corner of the South end of Cherokee Drive (60' wide right-of- way) according to the plat of Indian Oaks Subdivision recorded in Volume 361, Page 593, of the Deed Records of Brazos County, Texas, from which, a crosstie fence corner bears S 630 17' 52" W - 1.3 feet; THENCE along the North line of the before mentioned 152.93 acre tract, same being the South line of the before mentioned Indian Oaks Subdivision, adjacent to a fence, as follows: N 78' 06' 44" E for a distance of 60.31 feet to a :3/8" iron rod found marking the Southeast corner of said Cherokee Drive, same being the Southwest corner of Lot 16, Indian Oaks Subdivision; N 76' 43' 21" E for a distance of 376.15 feet to a 16" black jack oak tree fence corner at the most Southerly Southeast corner of said Lot 16; THENCE S 410 OF 33" E continuing along the north line of the before mentioned 152.93 acre tract, for a distance of 18.39 feet to an 18" tree stump fence corner; THENCE S 000 42' 13" E along the East line of the before mentioned 152.93 acre tract, same being the West line of the Valenta - called 167.609 acre tract, Volume 3160, Page 182, of the Official Records of Brazos County, Texas, adjacent to a fence, for a distance of 2075.08 feet to a 3/8" iron rod found at a 16" pecan tree (dead) fence corner marking the Southeast corner of the 152.93 acre tract, same being the Northeast corner of the McFarlane - called 141.460 acre tract, Volume 341, Page 125, of the Deed Records of Brazos County, Texas THENCE S 880 58' 40" W along the common line between the before mentioned 152.93 acre tract and the before mentioned 141.460 arse tract, adjacent to, North of and South of a crooked fence line, for a distance of 2494.09 feet to a %z1" iron rod set at the Northwest corner of the 141.460 acre tract, same being an angle point corner of the 152.93 acre tract, from which a crosstie fence angle point bears N 69' 44' 21" E - 59 feet; THENCE along the common line between the before mentioned 152.93 acre tract and the McFarlane - 1213.537 acre tract (315/243), also known as a remainder 630 acre tract, Volume 1155, Page 786, of the Official Records of Brazos County, Texas, adjacent to a fence, as follows: S 61' 40' 46" W for a distance of 642.37 feet to a crosstie fence angle point; N 64' 49' 17" W for a distance of 230.26 feet to a 3/8" iron rod found at a 6" cedar post fence corner marking the Southwest corner of the 152.93 acre tract in the East line of the before mentioned 547.1 acre Tract 1; THENCE along the Northerly lines of the following McFarlane Tracts: 1213.537 acre - 2nd Tract, Volume 315, Page 243; 235.123 acre tract, Volume 1817, Page 154; and the 1215.830 acre - 1st Tract, Volume 315, Page 243, same being the occupied South line of the before mentioned 220.5 acre tract and the before mentioned 2511.5 acre tract, adjacent to a crooked fence, as follows: S 460 56' 57" W for a distance of 173.90 feet to a 3/8" iron rod found marking the Northwest corner of the 1213.537 acre tract, same being the Northeast corner of the 235.123 acre tract; S 47" 5T 31" W for a distance of 269.65 feet to a 12" water oak tree fence angle point; S 590 49' 55" W for a distance of 113.55 feet to a 16" post oak tree fence angle point; S 87' 36' 13" W for a distance of 1364.03 feet to a 4" creosote post fence corner at the west end of a cattle guard entrance at or near the common corner of the 235.123 acre tract and the 215.830 acre tract; N 890 09' 06" W for a distance of 247.35 feet to a ''/2" iron rod set at the Southeast corner of the 360.00 acre tract described in Volume 1569, Page 118, of the Official Records of Brazos County, Texas, from which a 3/8" iron rod found (bent) marking the Northwest corner of the 1215.830 acre tract bears N 89' 09' 06" W 1681.38 feet; THENCE along the reconstructed lines of the before mentioned 360.00 acre tract, through the interior of the before mentioned 220.5 acre tract and The before mentioned 281.6 acre - Tract 6, as follows: N 00' IF 38" W for a distance of 5152.71 feet to a 'h" iron rod set at the Northeast corner of the 360.00 acre tract, from which a''/2" iron rod found in concrete marking the occupied interior ell corner of the 281.6 acre tract bears N 330 01' 16" W - 390.21 feet; S 89' 44' 22" W for a distance of 3286.58 feet to a'/2" iron rod set at the Northwest corner of the 360.00 acre tract; S 00' 15' 38" E for a distance of 3551.61 feet to a crosstie fence corner marking the occupied Southeast corner of the before mentioned 157.7 acre tract, same being a Northeast corner of the called 320 acre - Frank B. McGregor tract described in Volume "P", Page 387, of the Deed Records of Brazos County, Texas, from which the Southwest corner of the 215.5 acre tract, same being the Southwest corner of the 360.00 acre tract bears S 00' 15' 38" E -- 833.33 feet; THENCE along the Southerly lines of the before mentioned 157.7 acre tract, same being the Northerly lines of the before mentioned McGregor - 320 acre tract, adjacent to a fence, as follows: S 89' 44' 22" W for a distance of 1.854.96 feet to a 4" creosote post fence corner; N 02' 09' 26" W for a distance of 556.07 feet to a crosstie fence corner; S 89' 32' 06" W for a distance of 622.21 feet to a 10" creosote post fence corner marking the Southwest corner of the 157.7 acre, tract, same being the Southeast corner of the Smith - called 468.48 acre tract, Volume 2533, Page 315, of the Official Records of Brazos County, Texas; THENCE along the West line of the before mentioned 157.7 acre tract and the before mentioned 326.6 acre tract, same being the East line of the before mentioned 468.48 acre tract, adjacent to a fence, as follows; N 00' 29" 32" W for a distance of 1296.07 feet to a 10" creosote post fence angle point; N 00' 26' 28" W for a distance of 2924.95 feet to an 8" creosote post fence corner; N 00' 29' 53" E at a distance of 1598 feet, cross the center of an existing gravel well access road, with cattle guard entrance (this entrance being at the Southeast end of Arrington Road (County Road)), continue on at a distance of 1620.7 feet, pass a crosstie fence corner at the North end of cattle guard entrance marking the Northeast corner of the 468.48 acre tract, continue on for a total distance of 1625.53 feet to a '/2" iron rod set for the Northwest corner of the 326.E acre tract in the South line of the 76.252 acre tract described in Volume 2259, Page 19, of the Official Records of Brazos County, Texas; THENCE N 890 04' 25" E along the North Mine of the before mentioned 326.6 acre tract, same being the South line of the before mentioned 76.252 acre tract and same being along the common line between the before mentioned Barrera Survey, A-69 and the S. D. Smith Survey, A-210, adjacent to a fence, at a distance of 1620.67 feet, pass a 'h" iron rod found at a 6" creosote post fence corner marking the Southwest corner of Deer Park Subdivision according to the plat recorded in Volume 221, Page 295, of the Deed Records of Brazos County, Texas, continue on for a total distance of 5611.55 feet to a 3/8" iron rod found in concrete at a 6" creosote post fence corner marking the occupied Northeast corner of the 326.6 acre tract, same being the Northwest corner of the Restino - 16.68 acre Tract, Volume 1612, Page 254, of the Official Records of Brazos County, Texas;. THENCE along the occupied East line of the before mentioned 326.6 acre tract and the before mentioned 281.6 acre tract, same being the 'West line of the before mentioned 16.68 acre tract, the Feltz - 16.67 acre tract, Volume 1190, Page 303, of the Official Records of Brazos County, Texas, and the Hall - 17.417 acre tract, Volume 498, Page 830, of the Deed Records of Brazos County, Texas, adjacent to a fence, as follows: S 00` 30' 04" W for a distance of 1487.15 feet to a '/z" iron rod found (bent) in concrete marking the common corner between the 16.67 acre and 17.41.7 acre tracts; S O10 10' 19" W for a distance of 1098.69 feet to a %z" iron rod found in concrete marking the occupied interior ell corner of the 281.6 acre tract, same being the Southwest corner of the 17,417 acre tract; THENCE along the occupied North lines of the before mentioned 281.6 acre tract, same being the South line of the before mentioned 17.417 acre tract, the Fleming - called 18,307 acre tract Volume 296, Page 236, of the Deed Records of Brazos County, Texas, the Flanagan - called 18.071 acre tract, Volume 1201, Page 754, of the Official Records of Brazos County, Texas, the Restino - called 18.163 acre tract, Volume 297, Page 753, of the Deed Records of Brazos County, Texas, and the Crystal Chen Wiseman - called 102.504 acre tract, Volume 1228, Page 792, of the Official Records of Brazos County, Texas, adjacent to a fence, as follows: S 88' 33' 59" E at a distance of 698.15 feet, pass a zh" iron rod found at the common corner between the 17.417 acre and 18,307 acre tracts, continue on for a total distance of 2141.13 feet to a'/z" iron rod found at a Northeast corner of the 281.6 acre tract and the Southeast corner of the 18.071 acre tract; S 00' 16' 24" E for a distance of 54.78 feet to a 5/8" iron rod found at a 2" cedar post fence corner marking an interior ell corner of the 281.6 acre tract, same being the Southwest corner of the 18.163 acre tract, from which a''/z" iron rod found in concrete bears N 83° 43' 52" E - 0.92 feet; S 88' 07' 50" E for a distance of 401.80 feet to a 3/8" iron rod found at a 2" cedar post fence corner marking the Southeast corner of the 18.163 acre tract, same being the most Westerly Southwest corner of the 1102.504 acre tract; N 89" 17' 54" E for a distance of 723.67 feet to a %z" iron rod found in concrete at a 4" creosote post fence corner marking an interior ell corner of the 102.504 acre tract and the occupied Northeast corner of the 281.6 acre tract; THENCE S 000 42' 44" E along the East line of the before mentioned 281.6 acre tract and the before mentioned 547.1 acre tract, same being the Southwesterly line of the before mentioned 102.504 acre tract, adjacent to a fence, for a distance of 2756.30 feet to a '/2" iron rod found in concrete at a crosstie fence corner marking the most Northerly Southeast corner of the 547.1 acre tract in the North line of the before mentioned 152.93 acre tract, from which a''/z" iron rod found at a 6" creosote post fence corner marking the Northwest corner of the 152.93 acre tract bears S 890 36' 28" W - 1055.24 feet; THENCE along the North line of the before mentioned 152.93 acre tract, adjacent to a fence, as follows: S 89' 23' 33" E along the South line of the before mentioned 102.504 acre tract for a distance of 610.85 feet to a '/a" iron rod found in concrete marking the common corner between the 102.504 acre tract and the before mentioned 107.349 acre tract, from which a %z" iron rod found bears S 81' 50' 53" E - 3.17 feet, and a crosstie fence corner bears N 030 00' 20" E - 0.9 feet; N 87' 43' 28" E for a distance of 1166.54 feet to the PLACE OF BEGINNING, containing 1037.24 acres of land, more or less. Bearings based on True North, as obtained by Solar Observation. SAVE AND EXCEPT: from Tracts One & Two Indian Lakes Subdivision Phases 1-11 and Phase 13 LEAVING A TRACT CALLED 391.78 acres on Brazos County Tax Account R14678. 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 Vested In: Smiting Mallard Development, Ltd., a Texas Limited Partnership Vesting Deed to owners shown herein was dated July 26, 2001 and recorded in Volume 4247, Page 51, Official Records, Brazos County, Texas. Subject To: Deed of Trust to secure a Note Grantor: Smiling Mallard Development, Ltd. Trustee: Timothy N. Bryan Beneficiary: The First National Bank of Bryan Amount: $4,000,000.00 Dated: August 29, 2002 Recorded: Volume 4824, Page 36, Official Records, Brazos County, Texas. Said Note being additionally secured by Assignment of Agreements Affecting Real Estate Dated: August 29, 2002 Recorded: Volume: 4824, Page 75, Official Records, Brazos County, Texas. Said lien being assigned to Prosperity Bank by Assignment: Dated: April 21, 2009 Recorded: Volume 9061, Page 262, Official Records, Brazos County, Texas. Correction Deed of Trust to secure a Note: Grantor: Smiling Mallard Development, Ltd. Trustee: Timothy N. Bryan Beneficiary: The First National Bank of Bryan Amount: $1,725,000.00 Dated: February 19, 2004 Recorded: Volume 7226, Page 123, Official Records, Brazos County, Texas. Said Note being additionally secured by Assignment of Agreements Affecting Real Estate: Dated: February 19, 2004 Recorded: Volume 6586, Page 247, Official Records, Brazos County, Texas. Said lien being assigned to Prosperity Bank by Assignment: Dated: April 21, 2009 Recorded: Volume 9061, Page 27, Official Records, Brazos County, Texas. Restrictions: Volume 5375, Page 33, Official Records, Brazos County, Texas Exceptions: Right of Way Easement From: G. M. Arnold, et at To: Sinclair Refining; Company Dated: February 26, 1947 Recorded: Volume 132, Page 48, Deed Records, Brazos County, Texas; and Dated: September 11, 1947 Recorded: Volume 132, Page 133, Deed Records, Brazos County, Texas. Assignment of Right of Way Easements: From: Sinclair Refining Company To: Sinclair Pipe Line Company Dated: December 31, 1950 Recorded: Volume 147, Page 417, Deed Records, Brazos County, Texas. Assignment of Right of Way Easements: To: ARCO Pipe Line Company Dated: March 1, 1992 Recorded: Volume 1559, Page 175, Official Records, Brazos County, Texas. Assignment and Assumption Agreement by and between: Parties: ARCO Pipe Line Company and CITGO Products Pipeline Company Dated: September 30, 1994 Recorded: Volume 2217, Page 231, Official Records, Brazos County, Texas. Amended in Instrument by and between: Parties: Thousand Oaks Development Company Joint Venture and Citgo Products Pipeline Company Dated: January 25, 2001 Recorded: Volume 4050, Page 98, Official Records, Brazos County, Texas. 60' Wide Right of Way Easement From: R. C. Dunn To: City of Bryan Dated: August 25,1961 Recorded: Volume 213, Page 503, Deed atecords, Brazos County, Texas. 30' Wide Pipeline Easement From: Thousand Oaks Development Company Joint Venture To: Aquila Southwest Pipeline Corporation Dated: January 22, 1993 Recorded: Volume 1714, Page 216, Official Records, Brazos County, Texas. 30' Wide Pipeline Easement as Depicted Adjacent and Parallel to North Boundary Line of Tract Two: From: Thousand Oaks Developuent Company Joint Venture To: Aquila Southwest Pipeline Corporation Dated: April 13, 1993 Recorded: Volume 1843, Page 1, Official[ Records, Brazos County, Texas. 30' Wide Pipeline Easement Granted in Right of Way Agreement From: Thousand Oaks Development Company Joint Venture To: Ferguson Burleson County Gas Gathering System Dated: November 18, 1993 Recorded: Volume 2065, Page 38, Official Records, Brazos County, Texas. 15' Wide Pipeline Easement: From: Thousand Oaks Development Company Joint Venture To: Ferguson Burleson County Gas Gathering System Dated: January 22, 1993 Recorded: Volume 2065, Page 41, Official Records, Brazos County, Texas. 10' Wide Communication Easement Granted in Basement and Right of Way Agreement by and between: From: Thousand Oaks Development Company Joint Venture and Williams Communications, Inc. d/b/a Vyvx, Inc. Dated: September 27, 1999 Recorded: Volume 3622, Page 73, Official Records, Brazos County, Texas. 30' Wide Road Easement along Portion of Tract Two Adjacent to Lot 16 of Indian Oaks Subdivision: From: Thousand Oaks Development Company Joint Venture To: Eart[ne D. Tison, et at Dated: June 1, 1998 Recorded: Volume 3160, Page 176, Official Records, Brazos County, Texas. Easement From: Smiling Mallard Development, Ltd. To: City of Bryan Dated: November 9, 2005 Recorded: Volume 7773, Page 183, Official Records, Brazos County, Texas. Easement From: Smiling Mallard Development, Ltd. To: Wellborn Special Utility District Dated: July 14, 2009 Recorded: Volume 9335, Page 227, Official Records, Brazos County, Texas. Terms, Conditions, and Stipulations in the Ground Lease Agreement by and between: Parties: Thousand Oaks Development Company Joint Venture and Southwestern Gas Pipeline, Inc. Dated: April 20, 1993 Recorded: Volume 2065, Page 55, Official Records, Brazos County, Texas. Terms, Conditions, and, Stipulations in the Boundary Line Agreement by and between: Parties: Smiling Mallard Development, Ltd. and Peach Creek Partners Dated: June 25, 2012 Recorded: Volume 10873, Page 42, Official Records, Brazos County, Texas. Minerals and/or Realties: Mineral Deed: By: J. Walter Smith, et al To: Pure Royalty Company Dated: March 27, 1927 Recorded: Volume 71, Page 61, Deed Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. Mineral Deed By: J. Walter Smith, et ux To: John D. Rogers Dated: April 9, 1938 Recorded: Volume 96, Page 94, Deed Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. Mineral Deed By: R. W. Ivy, et ux To: G. M. Arnold, et ux Dated: December 4, 1953 Recorded: Volume 161, Page 497, Deed Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. Mineral Reservation in Deed By: Thousand Oaks Development Company Joint Venture To: Smiling Mallard Development, Ltd. Dated: July 26, 2001 Recorded: Volume 4247, Page 51, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. Mineral Partition Deed: Parties: Brazos Coal, Limited; Global Natural Resources Corporation of Nevada and Isidore Miller Dated: January 1, 1992 Recorded: Volume 1454, Page 179, Official Records, Brazos County, Texas. Correction Mineral Partition Deed: Recorded: Volume 1569, Page IIS, Official Records, Brazos County, Texas. As Modified by Surface Waiver: Recorded: Volume 4251, Page 1 and Volume 5505, Page 222, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. Partition Warranty Deed Parties: Thousand Oaks Development Company Joint Venture; Global Natural Resources Corporation of Nevada and Isidore Miller Dated: July 7, 1994 Recorded: Volume 2174, Page 222, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. Surface Waiver & Drillsite Designation From: Thousand Oaks Development Company Joint Venture To: Public Dated: July 26, 2001 Recorded: Volume 4247, Page 83, Official Records, Brazos County, Texas. Amended: Recorded: Volume 5146, Page 125, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the a:oresaid instrument. Royalty Deed By: W. L. Williams To: M. P. Walker Dated: May 7, 1938 Recorded: Volume 96, Page 232, Deed Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. Estate Created by Oil and Gas Lease, and all terms, conditions and stipulations therein: Lessor: George M. Arnold, et ux, et al Lessee: Union Pacific Resources Company Dated: February 2,1993 Recorded: Volume 1746, Pages 138 and 141, Official Records, Brazos County, Texas. Ratified: Recorded: Volume 2031, Page 213, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. Estate Created by Oil and Gas Lease, and all terms, conditions and stipulations therein Lessor: Prescott Ranch .Joint Venture, et al Lessee: Ogden Resources Corporation Dated: March 27, 1990 Recorded: Volume 1175, Page 690, Official Records, Brazos County, Texas. Ratified and Amended in Instruments: Recorded: Volume 1179, Page 36; Volume 1180, Page 625; Volume 1216, Page 17 and Volume 1713, Page 325, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument Estate, Created by Oil and Gas Lease, and all terms, conditions and stipulations therein: Lessor: Brazos Coal, Limited, et al Lessee: Union Pacific Resources Company Dated: May 2, 1990 Recorded: Volume 1302, Page 275, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. Upon examination of the public records of Brazos County, Texas, we find no exception to title of the subject property other than those shown above. This Title Report is issued with the express understanding, evidenced by acceptance of same, that the liability of the undersigned is limited to the actual monetary consideration paid for same. Company } G V u6- (LBJ)