HomeMy WebLinkAboutTitle Reporty "` Brazos County Abstract Company
"More Than 140 fears of 71de Service"
P.O. Box 4704 Phone: (979) 731-1900 3800 Cross Park Drive
Bryan, Texas 77805-4704 Fax: (979) 731-1381 Bryan, Texas 77802
BCAC GF NO. BC1300855
Title Report Prepared 7/31/2013
for
Vicki Hillert
Dos Dorado Development LLC
4490 Castlegate "Drive
College Station, Tx 77845
"Experience Matters"
*"'Brazos County Abstract Company
".Mare Than 140 Years of Ride Service»
TITLE REPORT
Effective Date: July 29, 2013 at 8:00 am
GF NO: BC1300855
LEGAL DESCRIPTION:
All that certain tract or parcel of land lying and being situated in the ROBERT STEVENSON
LEAGUE, Abstract No. 54, College Station, Brazos County, Texas. Said tract being a portion
of the remainder of a called 202.655 acre tract as described by a deed to Dos Dorado
Development, LLC recorded in Volume 9656, page 213 of the Official Public Records of
Brazos County, Texas.
Said tract being more particularly described by metes and bounds as follows:
COMMENCING at all/2 inch iron rod found marking the south corner of Lot 1, Block 12,
Castlegate II Subdivision, Section 201, according to the plat recorded in Volume 10906, page
268 of the Official Public Records of Brazos County, Texas, said iron rod found marking an
easterly corner of said remainder of 202.655 acre tract;
THENCE: N 48' 03' 31" E along the common line of said remainder of 202.655 acre tract
and said Lot 1, Block 12, for a distance of 60.63 feet to the POINT OF BEGINNING of this
herein described tract;
THENCE: through said 202.655 acre tract for the following calls:
S 41' 56' 29" W across the future right-of-way of Etonbury Avenue for a distance of
77.00 feet to the beginning of a counterclockwise curve having a radius of 25.00 feet;
Along said curve through a central angle of 90' 00' 00" for an arc distance of 39.27
feet (chord bears: S 86' 56' 29" W - 35.36 feet) to the end of said curve;
N 48' 03' 31" W across the extension of the right-of-way of Odell Lane (50' R.O.W.)
for a distance of 50.00 feet to the beginning of a counterclockwise curve having a
radius of 25.00 feet;
Along said curve through a central angle of 90' 00' 00" for an arc distance of 39.27
feet (chord bears: N 03' 03' 31" W - 35.36 feet) to the end of said curve;
N 48' 03' 31" W along the future southwest line of Etonbury Avenue for a distance
of 103.36 feet;
S 41' 57' 15" W for a distance of 637.26 feet to the common line of said remainder
of 202.655 acre tract and the remainder of a called 101.322 acre tract described as
exhibit b by a deed to Ester Jane Grant McDougal recorded in Volume 4027, page 29
of the Official Public Records of Brazos County, Texas;
THENCE: N 48' 03' 24" W along the common line of said remainder of 202.655 acre tract
and said remainder of 101.322 acre tract for a distance of 614.05 feet to the west comer of this
herein described tract;
THENCE: through said remainder of 202.655 acre tract for the following calls:
N 410 56' 44" E for a distance of 612.24 feet to the beginning of a clockwise curve
having a radius of 25.00 feet;
Along said curve through a central angle of 89' 59' 44" for an arc distance of 39.27
feet (chord bears: N 86' 56' 37" E - 35.35 feet) to the end of said curve;
N 41' 56' 29" E across the future right-of-way of Etonbury Avenue for a distance of
77.00 feet to the common line of said remainder of 202.655 acre tract and Block 13,
Castlegate II Subdivision, Section 201 (plat 10906/268);
THENCE: along the common line of said remainder of 202.655 acre tract and Castlegate II
Subdivision, Section 201, for the following calls:
S 48' 03' 3 1 " E for a distance of 692.50 feet to the beginning of a counterclockwise
curve having a radius of 25.00 feet;
Along said curve through a central angle of 90' 00' 00" for an are distance of 39.27
feet (chord bears: N 86' 56' 29" E - 35.36 feet) to the northwest line of Odell Lane;
S 48' 03' 31" E across the end of Odell Lane for a distance of 50.00 feet to the
beginning of a counterclockwise curve having a radius of 25.00 feet;
Along said curve through a central angle of 90' 00' 00" for an arc distance of 39.27 feet (chord
bears: S 03' 03' 31" E - 35.36 feet) to the POINT OF BEGINNING containing 10.451 acres
of land, more or less.
TITLE APPEARS TO BE VESTED IN:
DOS DORADO DEVELOPMENT, LLC d/b/a 3-D DEVELOPMENT
By Deed from Diebel Family Partners, Ltd., dated June 1, 2010, recorded in Volume 9656,
page 213 and corrected in Volume 9735, page 105, Official Records of Brazos County, Texas.
SUBJECT TO:
LIENS:
Deed of Trust dated June 1, 2010, executed by Dos Dorado Development, LLC dba 3-D
Development to J. Davis Watson, Trustee, securing one note of even date payable to Diebel
Family Partners, Ltd., in the principal amount of $5,327,272.00, recorded in Volume 9656, page
220, Official Records of Brazos County, Texas. (covers 202.655 acres)
ABSTRACTS OF JUDGMENTS/FEDERAL AND/OR STATE LIENS:
NONE OF RECORD
EASEMENTS:
Easement from W. I. McCulloch to City of Bryan, Texas, dated May 12, 1937, recorded in
Volume 98, page 179, Deed Records, Brazos County, Texas.
Easement from Mrs. Esther McCulloch Dansby to City of Bryan, Texas, dated March 16, 1983,
recorded in Volume 566, page 489, Deed Records, Brazos County, Texas.
Easement from Dos Dorado Development, LLC dba 3-D Development to City of College Station,
Texas, dated October 19, 2011, recorded in Volume 10392, page 276, Official Records, Brazos
County, Texas.
OUTSTANDING MINERALS AND/OR ROYALTIES:
Mineral reservation in Deed from Esther Jane Grant McDougal to Pauline Grant Diebel, dated
September 30, 1993, recorded in Volume 1934, page 157, Official Records of Brazos County,
Texas. Title to this reservation has not been traced subsequent to the date of the above -cited
instrument.
Mineral reservation in Deed from Esther Jane Grant McDougal to Diebel Family Partners, Ltd.,
dated April 7, 2000, recorded in Volume 4027, page 29, Official Records of Brazos County,
Texas. Title to this reservation has not been traced subsequent to the date of the above -cited
instrument.
Mineral reservation in Deed from Diebel Family Partners, Ltd. to Dos Dorado Development, LLC
dba 3-D Development, dated June 1, 2010, recorded in Volume 9656, page 213 and corrected in
Volume 9735, page 105, 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 Lease(s) from Esther Jane Grant McDougal et al to The Williams
Partnership, dated November 13, 1990, recorded in Volume 1231, page 532, Official Records of
Brazos County, Texas. Title to said lease(s) has not been traced subsequent to the date of the
above -cited instrument.
RESTRICTIONS OF RECORD:
NONE OF RECORD
TAXES/ASSESSMENTS:
NONE REQUESTED
MISCELLANEOUS:
Terms and conditions contained in Waivers of Surface Rights executed by Diebel Family Partnership,
Ltd., dated June 1, 2010, recorded in Volume 9656, pages 203 and 208, 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 Vicki Hillert
Dos Dorado Development L,L,C. 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 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
Please direct inquiries to: Lisa Kemp
MANAGER'S CERTIFICATE
I, the undersigned, President/Manager/Member of DOS DORADO DEVELOPMENT,
LLC, a Texas limited liability company (the "Company"), d/b/a 3-D DEVELOPMENT do
hereby certify that: (i) that the Company is duly organized and existing under the laws of the
State of Texas and is authorized to do business in the State of Texas; that all franchise and other
taxes regiured to maintain its company existence have been paid when due and that no such taxes
are delinquent; that no proceedings are pending for the forfeiture of its Certificate of
Organization or for its dissolution, voluntarily or involuntarily, that it is filly qualified and in
good standing to do business in all jurisdictions in which the nature of its business requires it to
be qualified; that there is no provision of the Articles of Organization or Regulations of the
Company limiting the power of the ;�1t�'/tembers to pass the Resolutions set forth below; and (ii),
that on the day of Novembar 2011, by written consent of the
President/Manager/Member of the Company, the following resolutions were unanimously
adopted and recorded in the minutes of the books of said Company kept by the Company and are
in accord with and pursuant to the Articles of Organization and Limited Liability Company
Agreement of the Company and are now in fill force and effect, to -wit
RESOLVED, that WALLACE PHILLIPS, IV, CANDACE PHILLIPS, WALLACE
PHILLIPS, HI and VICKI HILLERT, acting individually, be, and are hereby
authorized, empowered, and directed to execute, acknowledge, and deliver on behalf of
the Company, such contracts, assignments, affidavits, deeds, deeds of trust, financing
statements, security agreements, and other instruments, containing any terms and
conditions that they may, in their sole discretion, • deem necessary or desirable in
connection with all property now owned or hereafter acquired by the Company, located in
Brazos County, Texas; and the attestation by the Secretary of the Company and die
affixation of the seal of the Company shall not be necessary;
RESOLVED FURTHER, that the President/Manager/Member of the Company is
directed to certify the Minutes of this meeting and the contents of these resolutions and to
deliver such certification in support of the authority of the above agent to act on behalf of
the Company.
I farther certify that the following are the duly elected and incumbent manager, officers
and agents of the Company and that the true and correct signatures of the individuals authorized
to act on behalf of the Company are as set forth beside his or her name:
PRINT NAME TITLE SIGNATURE
WALLACE PHILLIPS, IV President/Manager nS
CANDACE PHILLIPS Agent % ( V
WALLACE PHILLIPS, III Agent
VICKI HILLERT Agent &QcxS/X.-t
scribed my hand on this the 3A "-day of
CE PHILLIPS, IV, President/
Ylember of DOS DORADO
IPMENT, LLC, a Texas limited liability
d/b/a 3-D DEVELOPMENT
an tliis the 3 A"Aday of `?0-,U.&t,
/Manager/Member of DOS DORADO
mpany, d/b/a 3-D DEVELOPMENT, on
Notary Public, State o exas