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HomeMy WebLinkAboutTitle Report*-" Brazos CountyAbstraCt 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 BCAC GF NO. BC1300910 Title Report Prepared 8/20/2013 for SCHULTZ ENGINEERING, LLC JOESCHULTZ 2730 LONGMIRE, SUITE A COLLEGE STATION, TEXAS 77845 JOESCHULTZ SCHULTZ ENGINEERING, LLC "Experience Matters" N 480 03' 41" W across the future right-of-way of Victoria 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' 16" for an arc distance of 39.27 feet (chord bears: N 030 03' 23" 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 70.55 feet to the beginning of a counterclockwise 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: S 86' 56' 37" W - 35.35 feet) to the end of said curve; N 48' 03' 47" W across the end of the extension of Kimbolton Drive 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' 16" for an are distance of 39.27 feet (chord bears: N 03' 03' 23" W - 35.36 feet) to the end of said curve; N 48' 03' 3 1 " W along the future southwest line of Etonbury Avenue for a distance of 19 1. 10 feet to the beginning of a counterclockwise 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: S 86' 56' 37" W - 35.35 feet) to the end of said curve; N 48' 03' 47" W across the end of the extension of Warkworth 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' 16" for an arc distance of 39.27 feet (chord bears: N 03' 03' 23" 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 95.55 feet; N 41 ° 56' 44" E for a distance of 634.55 feet to the southeast line of Castlegate II Subdivision, Section 100, according to the plat recorded in Volume 11456, page 161, Official Records of Brazos County, Texas; THENCE S 480 03' 16" E along the common line of said remainder of 202.66 acre tract and said Section 100 for a distance of 411.65 feet to the northwest line of Kimbolton Drive (50' R.O. W.); THENCE S 410 56' 44" W along the northwest line of Kimbolton Drive for a distance of 40.00 feet; THENCE S 480 03' 16" E across the platted end of Kimbolton Drive for a distance of 50.00 feet to the beginning of a clockwise curve having a radius of 25.00 feet; THENCE along said curve through a central angle of 90' 00' 00" for an arc distance of 39.27 feet (chord bears: N 86' 56' 44" E - 35.36 feet) to the end of said curve on the southwest line of Wigmore Place (50' R.O.W.); THENCE S 480 03' 16" E along the southwest line of Wigmore Place for a distance of 70.55 feet to the beginning of a clockwise curve having a radius of 25.00 feet; THENCE along said curve through a central angle of 90' 00' 00" for an arc distance of 39.27 feet (chord bears: S 03' 03' 16" E - 35.36 feet) to the end of said curve at Victoria Avenue; THENCE S 480 03' 22" E across the platted end of Victoria Avenue for a distance of 77.00 feet to the POINT OF BEGINNING containing 9.605 acres of land, more or less. NOTE - This Company does not represent that the above acreage or square footage calculations are correct. TITLE APPEARS TO BE VESTED IN: DOS DORADO DEVELOPMENT, LLC d/b/a 3-D DEVELOPMENT By Special Warranty 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, d/b/a 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: Easements, or claims of easements, which are not recorded in the public records. Easement from W. I. McCulloch to The City of Bryan, Texas, dated May 12, 1937, recorded inVolume 98, page 179, Deed Records of Brazos County, Texas. Easement from Mrs. Esther McCulloch Dansby to The City of Bryan, Texas, dated March 16, 1983, recorded in Volume 566, page 489, Deed Records of Brazos County, Texas. Temporary Blanket Utility Easement from Dos Dorado Development, LLC d/b/a 3-D Development to City of College Station, Texas, dated October 19, 2011, recorded in Volume 10392, page 276, Official Records of 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. Terms and conditions contained in Waiver of Use of Surface Rights executed by Pauline Grant Diebel, recorded in Volume 2106, page 99, Official Records of Brazos County, Texas. Terms and conditions contained in Waiver of Surface Rights executed by Diebel Family Partners, Ltd., et al, recorded in Volume 9656, pages 203 and 208, Official Records of Brazos County, Texas. OIL & GAS LEASES: Estate created by Memorandum of Oil and Gas Lease 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 this lease has not been traced subsequent to the date of the above -cited instrument. RESTRICTIONS OF RECORD: 1►163NWe] aRI KOIN NONE REQUESTED MISCELLANEOUS: 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 Schultz Engineering, LLC. 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. 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 SAIDREPORTBY SCHULTZ ENGINEERING, LLC JOE SCHULTZ 2730 LONGMIRE, SUITE A COLLEGE STATION, TEXAS 77845. 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: June Van Etten