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HomeMy WebLinkAboutCertificateGF No. 143866A CERTIFICATE THE STATE OF TEXAS § COUNTY OF BRAZOS § BRAZOS COUNTY ABSTRACT COMPANY does hereby certify that we have examined the records in the office of the Clerk of the County Court of Brazos County, Texas, affecting the title to the said property described below from January 15, 2008, All that certain tract or parcel of land, lying and being situated in the J. W. SCOTT LEAGUE, ABSTRACT NO.49, College Station, Brazos County, Texas. Said tract being a portion of the remainder of a called 113.67 acre tract as described by a deed to Carrara Partnership recorded in Volume 586, page 488 of the Deed Records of Brazos County, Texas, all of a called 2.00 acre tract as described by a deed to Edward H. Harte or Houston H. Harte or Joanne Bennett recorded in Volume 507, page 563 of the deed records of Brazos County, Texas, and all of a called 2.00 acre tract as described by a deed to Edward H. Harte or Houston H. Harte or Joanne Bennett recorded in Volume 507, page 568 of the Deed 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 northwest line of State Highway No. 30 (120' R.O.W.) marking the south corner of said remainder of 113.67 acre tract and the east corner of a called 192.64 acre tract described as exhibit "A" by a deed to College Main Apartments, Ltd., recorded in Volume 3687, page 258 of the Official Public Records of Brazos County, Texas; THENCE: N 470 03' 20" W along the common line of said remainder of 113.67 acre tract and said 192.64 acre tract for a distance of 1346.50 feet to a % inch iron rod found marking the most westerly comer of said remainder of 113.67 acre tract and the south corner of a called 46.19 acre tract as described by a deed to Diane Peters, E. Duane Peters and Patricia Kay Peters recorded in Volume 223, page 111 of the Deed Records of Brazos County, Texas; THENCE: N 419 39' 43" E along the common line of said remainder of 113.67 acre tract and said 46.19 acre tract for a distance of 1146.61 feet to a % Inch Iron rod found marking the east corner of said 46.19 acre tract and an interior west corner of said remainder of 113.67 acre tract; THENCE: N 45° 47' 51" W continuing along the common line of said remainder of 113.67 acre tract and said 46.19 acre tract fora distance of 593.53 feet to a % inch Iron rod found marking the south comer of a called 35.91 acre tract as described by a deed to Robert Henry Conaway, Jr., recorded In Volume 2864, page 51 of the Official Public Records of Brazos County, Texas, said iron rod found marking the west corner of said second 2.00 acre tract (5071568), same being the original most northerly west corner of said 113.67 acre tract; THENCE: N 42° 09' 39" E along the common line of said 2.00 acre tracts (507/568 and 507/563), said remainder of 113.67 acre tract and said 35.91 acre tract for a distance of 1282.80 feet to a % Inch iron rod found marking the north corner of said remainder of 113.67 acre tract and the west corner of the remainder of a called 15.379 acre tract as described by a deed to Joyce Peters Bell recorded In Volume 297, page 252 of the Deed Records of Brazos County, Texas; THENCE: S 46° 10' 45" E along the common line of said remainder of 113.67 acre tract and said remainder of 15.379 acre tract for a distance of 1172.52 feet to a 518 inch iron rod found marking an interior north corner of said remainder of 113.67 acre tract and the south corner of the remainder of a called 11.424 acre tract as described by a deed to Joyce A. Devaney, Trustee, recorded in Volume 2584, page 225 of the Official Public Records of Brazos County, Texas; THENCE: N 41° 57' 03" E along the common line of said remainder of 113.67 acre tract and said remainder of 11.424 acre tract for a distance of 602.23 feet to a % Inch iron rod found marking an east corner of said remainder of 11.424 acre tract; THENCE: N 72' 47' 26" W continuing along the common line of said remainder of 113.67 acre tract and said remainder of 11.424 acre tract for a distance of 220.45 feet to a % inch iron rod found marking an interior east corner of said remainder of 11.424 acre tract; THENCE: N 30° 07' 18" E continuing along the common line of said remainder of 113.67 acre tract and said remainder of 11.424 acre tract for a distance of 274.69 feet to a brass right-of-way marker found on the existing south line of FM 158 marking the northeast corner of said remainder of 11.424 acre tract; THENCE: S 78° 58' 02" E along the south line of FM 158 for a distance of 180.05 feet to a brass right-of-way marker found marking an angle point in said line; THENCE: S 73° 52' 00" E continuing along the south line of FM 158 for a distance of 204.62 feet to a 5/8 inch iron rod set marking the most northerly east corner of this herein described tract, for reference a bras right-of-way marker found bears: S 730 52' 00" E for a distance of 111.16 feet; THENCE: through said remainder of 113.67 acre tract for the following calls: S 41' 46' 43" W for a distance of 291.94 feet to a 5/8 inch iron rod set; S 89' 47' 28" W for a distance of 85.00 feet to a 5/8 inch iron rod set; S 410 57' 03" W for a distance of 612.10 feet to a 5/8 inch iron rod set; S 46° 10' 45" E for a distance of 336.59 feet to a 518 inch iron rod set; N 780 17' 11" E for a distance of 358.88 feet to a 518 inch iron rod set; S 48° 48' 29" E for a distance of 263.84 feet to a 518 inch iron rod set on the northwest line of State Highway No. 30 marking the most southerly east corner of this herein described tract, for reference a % inch iron rod found marking an east corner of said remainder of 113.67 acre tract and the south corner of a called 1.88 acre tract described as tract 2 by a deed to Brazos Super Trac, Inc. recorded in Volume 3644, page 256 of the Official Public Records of Brazos County, Texas, bears: N 45° 18' 20" E for a distance of 333.00 feet; THENCE: S 45' 18' 20" W along the northwest line of State Highway No. 30 for a distance of 738.60 feet to a % inch iron rod found marking the beginning of a curve to the left having a radius of 5789.58 feet; THENCE: along said curve through a central angle of 02° 58' 11" for an arc distance of 300.07 feet (chord bears: S 43° 49' 15" W - 300.04 feet) to a % inch iron rod found marking the ending point of said curve; THENCE: S 420 20' 10" W continuing along the northwest line of State Highway No. 30 for a distance of 1681.59 feet to the POINT OF BEGINNING containing 98,202 acres of land, more or less. We find the following actions or conveyances affecting the title to said land (specifically excluding any conveyances respecting mineral estate) through June 30, 2008 @ 8:00 A.M.: Temporary Blanket Utility Easement from The Summit Crossing, LLC to City of College Station, Texas, dated February 19, 2008, recorded in Volume 8460, page 24, Official Records of Brazos County, Texas. We do not certify as to property taxes. This certificate is for informational purposes only and the information contained herein shall not be relied on in the issuance of any title insurance policy. The liability of Brazos County Abstract Company in this connection is limited to $00.00, being the charge made for this certificate. WITNESS OUR HAND at College Station, Texas, this the 1st day of July, 2008. BRAZOS COUNTY ABSTRACT COMPANY `�.NE VAN ETTEN Premium: $1,761.00 3250, 0710 P.L ,i File No.: 143866A STEWART TITLE GUARANTY COMPANY SCHEDULE A AMOUNT OF INSURANCE: $1,000,000.00 DATE OF POLICY: August 22, 2006 at 03:44 AM NAME OF INSURED: Policy No.: M-5842-879485 Issued With: 0-5841-257881 THE BRENHAM NATIONAL BANK, and each successor in ownership of the indebtedness secured by the insured mortgage, except a successor who is an obligor under the provisions of Section 12(c) of the Conditions and Stipulations. 2. THE ESTATE OR INTEREST IN THE LAND THAT IS INSURED AS ENCUMBERED BY THE INSURED MORTGAGE IS: FEE SIMPLE 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS INSURED AS VESTED IN: THE SUMMIT CROSSING, LLC 4. THE INSURED MORTGAGE AND ASSIGNMENTS THEREOF, IF ANY, ARE DESCRIBED AS FOLLOWS: Vendor's Lien retained in Deed dated August 17, 2006, executed by Jimmy Easterly to The Summit Crossing, LLC, securing the payment of one note of even date therewith in the principal amount of $1,000,000.00, payable to The Brenham National Bank, and said note being additionally secured by deed of trust, security agreement, fixtures, financing statement, and assignment of rents of even date therewith to Michael R. Rudloff, Trustee, said Deed of Trust filed for record in the Office of the County Clerk of Brazos County, Texas, on August 24, 2006, under Clerk's File No. 938466 and recorded In Volume 7545, page 1, Official Records of Brazos County, Texas, and being subject to all of the terms, conditions and stipulations contained in said note and deed of trust. 5. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: All that certain tract or parcel of land, lying and being situated in the J. W. SCOTT LEAGUE, ABSTRACT NO.49, College Station, Brazos County, Texas. Said tract being a portion of the remainder of a called 113.67 acre tract as described by a deed to Carrara Partnership recorded in Volume 586, page 488 of the Deed Records of Brazos County, Texas,. all of a called 2.00 acre tract as described by a deed to Edward H. Harte or Houston H, Harte or Joanne Bennett recorded in Volume 507, page 563 of the deed records of Brazos County, Texas, and all of a called 2,00 acre tract as described by a deed to Edward H. Harte or Houston H. Harte or Joanne Bennett recorded in Volume 507, page 568 of the Deed Records of Brazos County, Texas, BRAZOS COUNTY ABSTRACT COMPANY uthorized Signature STEWART TITLE GUARANTY COMPANY SCHEDULE A File No.: 143866A (Continued) Policy No.: M-5842-879485 said tract being more particularly described by metes and bounds as follows: BEGINNING: at a''Y2 inch iron rod found on the northwest line of State Highway No. 30 (120, R.O.W.) marking the south corner of said remainder of 113.67 acre tract and the east corner of a called 192.64 acre tract described as exhibit "A" by a deed to College Main Apartments, Ltd., recorded in Volume 3687, page 258 of the Official Public Records of Brazos County, Texas; THENCE: N 470 03' 20" W along the common line of said remainder of 113.67 acre tract and said 192.64 acre tract for a distance of 1346.50 feet to a'Y2 inch iron rod found marking the most westerly corner of said remainder of 113.67 acre tract and the south corner of a called 46.19 acre tract as described by a deed to Diane Peters, E. Duane Peters and Patricia Kay Peters recorded in Volume 223, page 111 of the Deed Records of Brazos County, Texas; THENCE: N 41 ° 39' 43" E along the common line of said remainder of 113.67 acre tract and said 46.19 acre tract for a distance of 1146.61 feet to a Y2 inch iron rod found marking the east corner of said 46.19 acre tract and an interior west corner of said remainder of 113.67 acre tract; THENCE: N 450 47' 51" W continuing along the common line of said remainder of 113.67 acre tract and said 46.19 acre tract for a distance of 593.53 feet to a Y2 inch iron rod found marking the south corner of a called 35.91 acre tract as described by a deed to Robert Henry Conaway, Jr., recorded in Volume 2864, page 51 of the Official Public Records of Brazos County, Texas, said iron rod found marking the west corner of said second 2.00 acre tract (507/568), same being the original most northerly west corner of said 113.67 acre tract; THENCE: N 420 09' 39" E along the common line of said 2.00 acre tracts (5071568 and 507/563), said remainder of 113.67 acre tract and said 35.91 acre tract for a distance of 1282.80 feet to a Y2 inch iron rod found marking the north corner of said remainder of 113.67 acre tract and the west corner of the remainder of a called 15,379 acre tract as described by a deed to Joyce Peters Bell recorded in Volume 297, page 252 of the Deed Records of Brazos County, Texas; THENCE: S 46° 10' 45" E along the common line of said remainder of 113.67 acre tract and said remainder of 15.379 acre tract for a distance of 1172.52 feet to a 5/8 Inch iron rod found marking an interior north corner of said remainder of 113.67 acre tract and the south corner of the remainder of a called 11.424 acre tract as described by a deed to Joyce A. Devaney, Trustee, recorded in Volume 2584, page 225 of the Official Public Records of Brazos County, Texas; THENCE: N 41° 57' 03" E along the common line of said remainder of 113.67 acre tract and said remainder of 11.424 acre tract for a distance of 602.23 feet to a''Y2 inch iron rod found marking an east corner of said remainder of 11.424 acre tract; THENCE: N 72° 47' 26" W continuing along the common line of said remainder of 113.67 acre tract and said remainder of 11.424 acre tract for a distance of 220.45 feet to a Y2 inch iron rod found marking an interior east corner of said remainder of 11.424 acre tract; THENCE: N 30° 07' 18" E continuing along the common line of said remainder of 113.67 acre tract and STEWART TITLE GUARANTY COMPANY SCHEDULE A File No.: 143866A (Continued) Policy No.: M-5842-879485 said remainder of 11.424 acre tract for a distance of 274.69 feet to a brass right-of-way marker found on the existing south line of FM 158 marking the northeast corner of said remainder of 11.424 acre tract; THENCE: S 78° 58' 02" E along the south line of FM 158 for a distance of 180.05 feet to a brass right-of- way marker found marking an angle point in said line; THENCE: S 73° 52' 00" E continuing along the south line of FM 158 for a distance of 204,62 feet to a 518 inch iron rod set marking the most northerly east corner of this herein described tract, for reference a bras tight -of -way marker found bears: S 730 52' 00" E for a distance of 111.16 feet; THENCE: through said remainder of 113.67 acre tract for the following calls: S 41 ° 46' 43" W for a distance of 291.94 feet to a 5/8 inch iron rod set; S 89' 47' 28" W for a distance of 85.00 feet to a 5/8 inch iron rod set; S 41' 57' 03" W for a distance of 612.10 feet to a 5/8 inch iron rod set; S 460 10' 45" E for a distance of 336.59 feet to a 5/8 inch Iron rod set; N 78' 17' 11" E for a distance of 358.88 feet to a 5/8 inch iron rod set; S 48' 48' 29" E for a distance of 263.84 feet to a 5/8 inch iron rod set on the northwest line of State Highway No. 30 marking the most southerly east corner of this herein described tract, for reference a Y2 inch iron rod found marking an east comer of said remainder of 113.67 acre tract and the south corner of a caned 1.88 acre tract described as tract 2 by a deed to Brazos Super Trac, Inc. recorded in Volume 3644, page 256 of the Official Public Records of Brazos County, Texas, bears: N 45' 18' 20" E for a distance of 333.00 feet; THENCE: S 45° 18' 20" W along the northwest line of State Highway No. 30 for a distance of 738.60 feet to a''/z Inch iron rod found marking the beginning of a curve to the left having a radius of 5789.58 feet; THENCE: along said curve through a central angle of 02° 58' 11" for an arc distance of 300.07 feet (chord bears: S 43° 49' 15" W - 300.04 feet) to a %:Inch iron rod found marking the ending point of said curve; THENCE: S 42° 20' 10" W continuing along the northwest line of State Highway No. 30 for a distance of 1681.59 feet to the POINT OF BEGINNING containing 98.202 acres of land, more or less. STEWART TITLE GUARANTY COMPANY SCHEDULE B File No,: 143866A Policy No.: M-5842-879485 EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) THAT ARISE BY REASON OF THE TERMS AND CONDITIONS OF THE LEASES AN EASEMENTS, IF ANY, SHOWN IN SCHEDULE A, AND THE FOLLOWING MATTERS: THE FOLLOWING RESTRICTIVE COVENANTS OF RECORD ITEMIZED BELOW, BUT THE COMPANY INSURES THAT ANY RESTRICTIVE COVENANTS HAVE NOT BEEN VIOLATED SO AS TO AFFECT, AND THAT FUTURE SUCH VIOLATION THEREOF WILL NOT AFFECT, THE VALIDITY OR PRIORITY OF THE MORTGAGE HEREBY INSURED (INSERT SPECIFIC RECORDING DATA OR DELETE THIS EXCEPTION): Item No. 1 is hereby deleted in its entirety. 2. ANY SHORTAGES IN AREA. 3. STANDBY FEES, TAXES AND ASSESSMENTS BY ANY TAXING AUTHORITY FOR THE YEAR 2006 AND SUBSEQUENT YEARS; AND SUBSEQUENT TAXES AND ASSESSMENTS BY ANY TAXING AUTHORITY FOR PRIOR YEARS DUE TO CHANGE IN LAND USAGE OR OWNERSHIP, BUT NOT THOSE TAXES OR ASSESSMENTS FOR PRIOR YEARS BECAUSE OF AN EXEMPTION GRANTED TO A PREVIOUS OWNER OF THE PROPERTY UNDER SECTION 11.13, TEXAS TAX CODE, OR BECAUSE OF IMPROVEMENTS NOT ASSESSED FOR A PREVIOUS TAX YEAR. COMPANY INSURES THAT STANDBY FEES, TAXES AND ASSESSMENTS BY ANY TAXING AUTHORITY FOR THE YEAR 2006 ARE NOT YET DUE AND PAYABLE. 4. LIENS AND LEASES THAT AFFECT THE TITLE TO THE ESTATE OR INTEREST, BUT THAT ARE SUBORDINATE TO THE LIEN OF THE INSURED MORTGAGE. 5. (INSERT HERE ALL OTHER SPECIFIC EXCEPTIONS AS TO SUPERIOR LIENS, EASEMENTS, OUTSTANDING MINERAL AND ROYALTY INTERESTS, ETC.): a. Service Utilities and appurtenant facilities as depicted on survey plat prepared by Brad Kerr, Registered Professional Land Surveyor, State of Texas, No. 4502, dated August 9, 2006. b. Right -of -Way Easement from E. U. Peters, at ux to The City of Bryan, acknowledged May 1, 1937, recorded in Volume 98, page 90, Deed Records of Brazos County, Texas and noted as a blanket easement on survey plat prepared by Brad Kerr, Registered Professional Land Surveyor, State of Texas, No. 4502, dated August 9, 2006. C. Right -of -Way Easement from Chester A. Jones, at ux to The City of Bryan, dated April 2, 1937, recorded in Volume 98, page 184, Deed Records of Brazos County, Texas and noted as a blanket easement on survey plat prepared by Brad Kerr, Registered Professional Land Surveyor, State of Texas, No. 4502, dated September 9, 2006. d, Easement from E. U. Peters, at ux to Magnolia Pipe Line Company, dated October 30, 1946, recorded in Volume 127, page 411, Deed Records of Brazos County, Texas; as defined in Partial Release Agreement dated July 11, 1980, recorded in Volume 108, page 175, Release Records of Brazos County, Texas and depicted as a 60' Pipeline Easement running through the southwest portion of the tract and as shown on survey plat prepared by Brad Kerr, Registered Professional Land Surveyor, State of Texas, No. 4502, dated August 9, 2006. STEWART TITLE GUARANTY COMPANY SCHEDULE B File No.: 143866A (Continued) Policy No.: M-5842-879485 e. Right -of -Way Easement from O. C. Cooper to Wixon Water Supply Corporation, dated September 25, 1971, recorded in Volume 309, page 670, Deed Records of Brazos County, Texas and noted as a blanket easement on survey plat prepared by Brad Kerr, Registered Professional Land Surveyor, State of Texas, No. 4502, dated August 9, 2006. f. Easement and Right -of -Way from Lieven J. Van Riet, Trustee, et al to Texas Municipal Power Agency, dated October 26, 1979, recorded in Volume 439, page 301, Deed Records of Brazos County, Texas and depicted as a 70' Electrical Easement running through the southwest portion of the tract and as shown on survey plat prepared by Brad Kerr, Registered Professional Land Surveyor, State of Texas, No. 4502, dated August 9, 2006. g. Easement from David Hart, Trustee to The City of College Station, dated September 8, 1981, recorded in Volume 494, page 11, Deed Records of Brazos County, Texas and as noted on survey plat prepared by Brad Kerr, Registered Professional Land Surveyor, State of Texas, No. 4502, dated August 9, 2006. h. Utility Easement from Carrara Partnership to The City of College Station, dated March 7, 1984, recorded in Volume 660, page 606, Official Records of Brazos County, Texas and depicted as a 20' Utility Easement running along State Highway No. 30 and as shown on survey plat prepared by Brad Kerr, Registered Professional Land Surveyor, State of Texas, No. 4502, dated August 9, 2006, L Utility Easement from Carrara Partnership to The City of College Station, dated June 26, 1984, recorded in Volume 698, page 561, Official Records of Brazos County, Texas and depicted as a 20' Utility Easement running along F.M. 158 and as shown on survey plat prepared by Brad Kerr, Registered Professional Land Surveyor, State of Texas, No, 4502, dated August 9, 2006. j. Utility Easement from Carrara Partnership to The City of College Station, dated September 15, 1988, recorded in Volume 1075, page 197, Official Records of Brazos County, Texas and depicted as a 20' Utility Easement running along F.M. 158 and as shown on survey plat prepared by Brad Kerr, Registered Professional Land Surveyor, State of Texas, No, 4502, dated August 9, 2006. k. Public Utility Easement from Carrara Partnership to City of College Station, Texas, dated March 13, 2002, recorded in Volume 4715, page 104, Official Records of Brazos County, Texas and depicted as a 20' Utility Easement running along F.M. 158 and as shown on survey plat prepared by Brad Kerr, Registered Professional Land Surveyor, State of Texas, No. 4502, dated August 9, 2006. 1. Mineral reservation in Deed from Lieven J. Van Riet, Trustee to L&N Land Corp., dated March 20. 1981, recorded in Volume 476, page 764, and corrected in Volume 488, page 584, Deed Records of Brazos County, Texas; subject to the terms and conditions of surface waiver contained therein. Title to this reservation has not been traced subsequent to the date of the above -cited instrument. m. Mineral reservation in Deed from Robert Van Riet, et ux to L&N Land Corp., dated March 20, 1981, recorded in Volume 476, page 770, Deed Records of Brazos County, Texas; subject to the terms and conditions of surface waiver contained therein. Title to this reservation has not been traced subsequent to the date of the above -cited instrument. n. Mineral reservation in Deed from Jimmy Easterly to The Summit Crossing, LLC dated August 17, 2006, recorded in Volume 7541, page 214, Official Records of Brazos County, Texas. Title to this reservation has not been traced subsequent to the date of the above -cited instrument. STEWART TITLE GUARANTY COMPANY SCHEDULE B File No.: 143866A (Continued) Policy No.: M-5842-879485 o. Estate created by Oil and Gas Leases from Carrara Corp., et at to SS&H Oil Company, dated July 31,1981 and August 19, 1981, recorded in Volume 42, pages 48 and 51, O&GL Records of Brazos County, Texas. Title to these leases has not been traced subsequent to the date of the above -cited instrument. p. Estate created by Oil and Gas Lease from Lieven J. Van Rlet, et at to Baker Exploration Company, dated May 10, 1986, recorded in Volume 889, page 593, Official Records of Brazos County, Texas. Title to this lease has not been traced subsequent to the date of the above -cited instrument. q. Estate created by Oil and Gas Lease from Lieven J. Van Riet, et al to The Great Texas Petroleum Co., Inc., dated February 22, 1991, recorded in Volume 1239, page 769, Official Records of Brazos County, Texas. Title to this lease has not been traced subsequent to the date of the above -cited instrument. r. Estate created by Memorandum of Oil and Gas Leases from Isabel Harts Trust No. 1, et alto Baker Exploration Company, dated August 6, 1991, recorded in Volume 1323, pages 217, 219 and 221, Official Records of Brazos County, Texas. Title to these leases has not been traced subsequent to the date of the above -cited Instrument. s. Section 13 of the Conditions and Stipulations of this policy is hereby deleted. I. All oil, gas and other minerals in and under the herein described property, together with any rights of ingress and egress, mining or drilling privileges heretofore reserved or conveyed by predecessors in title. There is expressly excluded from coverage hereunder, and this Company does not insure, title to oil, gas and other minerals of every kind and character, in, on and under the property herein described. U. The Tax Certificate furnished by the taxing authorities is issued on real estate only. It does not include minerals and/or personal property, therefore, no liability is assumed herein for the payment of said mineral and/or personal property tax.