HomeMy WebLinkAboutTitle Reportrazor ounty 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) 731-1381 Bryan, Texas 77802
13CAC GF NO. BC1300219
Title Report Prepared 4/23/2013
fo r
GOODWIN-LASITER, INC.
MICHAEL CUZZO
4077 CROSS PARK DR., SUITE 100
BRYAN, TEXAS 77802
"Experience Matters"
Bra zos onnty histract oxnpany
"More, Than 140 Years of Title S'erviee"
TITLE REPORT
Effective Date: April 19, 2013 at 8:00 am
GP NO: BC1300219
LEGAL DESCRIPTION:
Being all that certain tract or parcel of land lying and being situated in the CRAWFORD
BURNE17 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. Flaupt, Jr.
and wife, Stella Gcren 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, pare 788, Deed Records of Brazos County, Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at a 112 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 410 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 318 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 it Deed to Greens Prairic Investors, Ltd., recorded in
Volume 8513, page 276, Official Records of Brazos County, Texas;
THENCE S 410 18' 46" W along the common line ofsaid remainder off 36.063 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 Volume 7705, page 206, Official Records of Brazos County, Texas;
THENCE S 410 30' 18" W along the common line of said remainder of 136.063 acre tract and
Williamsgate Subdivision, Phase I 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 1. 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 1/2 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 47' 43' 18" W for a distance of 898.64 feet to a 1/2 inch iron rod found;
S 42' 56' 01" 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 251 02' 43" for an arc distance of 204.79 feet
(Chord Bears: S 551 26'04" W - 203.17 feet) to a 1/2 inch iron rod found marking the ending
point of said curve;
S 67° 52' 33" W for a distance of 30.24 feet to a I/2 inch iron rod found on the northeast line
of Jones Butler road marking the southwest corner of this herein described tract;
THENCE N 220 02' 42" W along the northeast line of Jones Butler Road, same being the
southwest line of said remainder of 3.3 acre tract, for a distance of 412.84 feet to a 1/2 inch
iron rod found marking the common comer 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 comer post found on the southwest line of Old Wellborn Road marking the north
comer of this herein described tract;
THENCE S 470 04' 17" E along the southwest line of Old Wellborn Road for a distance of
1867.58 feet to the POINT OF BEGINNING, containing 108.88 acres of land, more or less.
SAVE AND EXCEPT all that property lying within the boundary lines of The Barracks H
Subdivision, Phase 100, according to plat recorded in Volume 10570, page 293, Official
Records of Brazos County, Texas.
FURTHER SAVE AND EXCEPT all that property lying within the boundary lines of The
Barracks II Subdivision, Phase 101, according to plat recorded in Volume 11191, page 123,
Official Records of Brazos County, Texas.
FURTHER SAVE AND EXCEPT all that property lying within the boundary line of The
Barracks II Subdivision, Phase 300, according to plat recorded in Volume 11209, page 184,
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, 2010, recorded in Volume 9627, page 73,
Official Records of Brazos County, Texas,
SUBJECT TO:
LIENS:
A. Deed of Trust, Security Agreement, Fixtures, Financing Statement and Assignment 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 151 and Volume 10470, page 133, Official Records of Brazos County, Texas.
B. 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 Tom
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.
ABSTRACTS OF JUDGMENTS/FEDERAL AND/OR STATE LIENS:
NONE OF RECORD
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 al 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 al 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.
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 King 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 OF RECORD:
Restrictive covenants recorded in Volume 8986, page 115 and Volume 10671, page 145, Official
Records of Brazos County, Texas.
TAXES/ASSESSMENTS:
NONE REQUESTED
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, apge 215, Official Records of Brazos County, Texas.
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, B,RAZOS 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 TIIE
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. I3Y ACCEPTANCE OF TIIIS 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 GOODWIN-LASITER, INC. THIS SEARCH HAS BEEN LIMITED TO
THE ABOVE MATTERS AND TIIE A13OVE 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 THE 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
t /
BY:_,j /1