HomeMy WebLinkAboutTitle ReportBrazos County Abstract Company
"More Than 140 Years of7Ftle 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. BC1300842
Title Report Prepared 7/23/2013
for
Greens Prairie Investors, Ltd.
Vicki Mllert
4490 Castlegate Drive
College Station, TX 77845
"Experience Matters"
e- is74
1-a4-13
94-o
razos UountyAbstract ompany
"More Than 140 Years of Title Service "
TITLE REPORT
Effective. Date: July 22, 2013 at 8:00 am
GR NO: BC1300842
LEGAL DESCRIPTION:
TRACT ONE:
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 all of
Lots l and 2, Block 11, and the adjacent Common Area, Castlegate II Subdivision, Section
202, according to the plat recorded in Volume 11061, page 31 of the Official Records of
Brazos County; Texas; and a portion of the remainder of a called 202,66 acre tract as
described by a deed to Dos Dorado Development, LLC recorded in Volume 9656, page 213 of
the Official Records of Brazos County, Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2inch iron rod found on the southeast line of Tonbridge Drive (50'
r.o.w.) marking the west corner of said Lot 2;
THENCE: N 41° 56' 29" E along the southeast line of Tonbridge Drive for a distance of
128.50 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' 29" E - 35.36 feet) to the end of said curve on the southwest
line of Dalton Lane (50' r.o.w. at this point);
THENCE: along the southwest line of Dalton Lane for the following calls:
S 48° 03' 31" E for a distance of 100.52 feet;
S 37" 45' 00" E for a distance of 55.88 feet;
S 48° 03' 31" E for a distance of 13.01 feet to the beginning of a clockwise curve
having a radius of 25.00 feet;
Along said curve through a central angle of 90" 00' 46" for an are distance of 39.28
feet (chord bears: S 031 03' 08" E - 35.36 feet) to the end of said curve on the
northwest line of Greens Prairie Road (variable width no.w.);
THENCE: S 41 ° 56' 54" W along the northwest line of Greens Prairie Road for a distance of
118.49 feet;
THENCE: S 48' 03' 31" E through said remainder of 202.66 acre tract and through the
apparent existing right-of-way of Greens Prairie Road for a distance of 37.33 feet to the
southeast line of said remainder of 202.66 acre tract;
THENCE: S 41° 55' 52" W through the apparent right-of-way of Greens Prairie Road and
along the southwest line of said remainder of 202.66 acre tract for a distance of 370.49 feet;
THENCE: N 48" 03' 31" W through said remainder of 202.66 acre tract and through the
apparent right-of-way of Greens Prairie Road for a distance of 111.39 feet to the most
westerly comer of this herein described tract;
THENCE: N 41' 56' 29" E continuing through said remainder of 202.66 acre tract for a
distance of 370.49 feet to the southwest line of said common area;
THENCE: N 480 03' 31" W along the common line of said remainder of 202.66 acre tract,
said common area and said lot 2 for a distance of 144.50 feet to the POINT OF
BEGINNING containing 1.696 acres of land, more or less.
TRACT TWO:
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 202.66 acre tract as described by a deed to Dos Dorado
Development, LLC recorded in Volume 9656, page 213, Official Records of Brazos County,
Texas.
Said tract being more particularly described by metes and bounds as follows:
COMMENCING at a 1/2 inch iron rod found on the southeast line of Tonbridge Drive (50'
r.o.w.) marking the west comer of Lot 2, Block 11, Castlegate U Subdivision, Section 202,
according to the plat recorded in Volume 11061, page 31, Official Records of Brazos County,
Texas;
THENCE: N 41° 56' 29" E along the southeast line of Tonbridge Drive for a distance of
128.50 feet to the beginning of a clockwise curve having a radius of 25.00 feet;
THENCE: along said curve through a central angle of 900 00' 00" for an arc distance of
39.27 feet (chord bears: N 860 5612911 E - 35.36 feet) to the end of said curve on the southwest
line of Dalton Lane (50' r.o.w. at this point);
THENCE: N 41 ° 56' 29" E across the right-of-way of dalton drive for a distance of 50.00 feet
to the northeast line of Dalton Drive and the POINT OF BEGINNING of this herein
described tract;
THENCE: through said remainder of 202.66 acre tract for the following calls:
N 41° 56' 29" E for a distance of 2.50 feet;
S 48° 03' 3 1 " E, 2.50 from and parallel to the northeast line of Dalton Drive, for a
distance of 86.42 feet;
S 58° 21' 35" E for a distance of 33.62 feet;
N 410 56' 29" E for a distance of 562.60 feet to the most northerly corner of this
herein described tract;
S 48° 03' 3 1 " E for a distance of 111.18 feet to the southeast line of said remainder of
202.66 acre tract being within the apparent right-of-way of Greens Prairie Road
(variable width r.o.w.);
THENCE: S 41' 55' 52" W along the southeast line said remainder of 202.66 acre tract and
through the apparent right-of-way of Greens Prairie Road for a distance of 536.10 feet to the
easterly corner of a dedicated right-of-way as depicted on said plat of Castlegate II
Subdivision, Section 202;
THENCE: N 480 05' 08" W through said apparent right-of-way of Greens Prairie Road and
along the northeast line of said dedication for a distance of 37.25 feet to the beginning of a
clockwise curve having a radius of 25.00 feet;
THENCE: along said curve through a central angle of 89° 59' 14" for an arc distance of 39.26
feet (chord bears: S 86° 56' 52" W - 35.35 feet) to the end of said curve on the northeast line
of Dalton Drive;
Thence: along the northeast line of Dalton Drive for the following calls:
N 48° 03' 3 1 " W for a distance of 12.89 feet;
N 58' 21' 35" W for a distance of 55.92 feet;
N 48° 03' 3 1 " W for a distance of 100.62 feet to the POINT OF BEGINNING containing
1.419 acres of land, more or less.
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 APPEARS TO BE VESTED IN:
DOS DORADO DEVELOPMENT, LLC, d/b/a 3-1) 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 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.
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 of Brazos County, Texas.
Easement from Esther Dansby et al to Seminole Pipeline Company, dated December 14, 1981,
recorded in Volume 505, page 776, 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 of Brazos County, Texas.
Easement and Right of Way from Esther Jane Grant McDougal et al to General Telephone
Company of the Southwest, dated February 27, 1985, recorded in Volume 771, page 12, Official
Records, Brazos County, Texas.
Easement from Esther Jane Grant McDougal et al to City of Bryan, dated January 11, 1993,
recorded in Volume 1697, page 170, Official Records, Brazos County, Texas.
Temporary Blanket Utility Easement from Dos Dorado Development, LLC d/b/a 3-1)
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.
OIL & GAS LEASES:
Estate created by Memorandum of Oil and Gas Lease from Esther Jane Grant McDougal, et at 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.
OF RECORD:
Volume 11479, page 181, Official Records of Brazos County, Texas
TAXES/ASSESSMENTS:
NONE REQUESTED
MISCELLANEOUS:
Terns 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.
Terms, conditions and stipulations contained in the Declaration of Covenants, Conditions and
Restrictions executed by Dos Dorados Development, L.L.C., dba 3-D Development, dated November
4, 2011, recorded in Volume 11479, page 181, Official Records of Brazos County, Texas,
Maintenance Charge as set forth in the Declaration of Covenants, Conditions and Restrictions
executed by Dos Dorados Development, L.L.C., dba 3-D Development, dated November 4, 2011,
recorded in Volume 11479, page 181, 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 in
Schedule B 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 Greens Praft ie Investors, Ltd.. 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
i ��
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 required 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 I4 embers to pass the Resolutions set forth below; and (ii),
that on the day of November , 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 Rill force and effect, to -wit
RESOLVED, that WALLACE PHILLIPS, IV, CANDACE PHILLIPS, WALLACE
PHILLIPS, III 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 the
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 further 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
WALLACE PHILLIPS, IV
CANDACE PHILLIPS
WALLACE PHILLIPS, III
VICKI HILLERT
President/Manager
Agent
Agent
Agent
S�IIG/�NA'I'iJ/R..E
(Wt_ l Cum twi n
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�y IN WITNESS WHEREOF, I have hereunto subscribed my hand on this the 3µ.day of
l u-U-41M Cyan/ 2011.
ISM TylvtS .
WALLACE PHILiLIPS, IV, President/
Manager/Member of DOS DORADO
DEVELOPMENT, LLC, a Texas limited liability
company. d/b/a 3-D DEVELOPMENT
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on this the 5A-44daY of, rxue,n(,pY,f
2011, by WALLACE PHILLIPS, IV, President/Manager/Member of DOS DORADO
DEVELOPMENT, LLC, a Texas limited liability company, d/b/a 3-D DEVELOPMENT, on
behalf of said company.
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