HomeMy WebLinkAboutTitle ReportT UE REPORT
GP No.: 134058
Certification Date: August 27, 2013
Examiner: JNT
Properly Description:
Tract One:
Field Notes of a 360.00 acre tract or parcel of land, lying and being situated in the J. M. Barrera Survey,
Abstract No. 69, Brazos County, Texas, and being that certain 360.00 acre tract which is described as the
SAVE AND EXCEPT tract in the Deed from Brazos Coal, Ltd., to Thousand Oaks Development Company
Joint Venture as recorded in Volume 1454, Page 187, of the Official Records of Brazos County, Texas,
and is further described in the Correction Partition Warranty Deed recorded in Volume 1569, Page 119, of
the Official Records of Brazos County, Texas, and is part of the called 547.1 acre tract and part of the
called 409.2 acre tract and part of the called 2816 acre tract described in the deed from J. W. McFarlane,
Trustee, to Brazos Coal, Limited, as recorded in Volume 543, Page 769, of the Deed Records of Brazos
County, Texas, and said 360.00 acre tract being more particularly described as follows:
COMMENCING at the'':" iron rod found marking an angle point comer in the north line of the 152.93 acre
Tract 5, described in the Deed to Thousand Oaks Development Company Joint Venture as recorded in
Volume 1454, Page 187, of the Official Records of Brazos County, Texas, same being the Southeast
comer of the called 107.349 acre (net) Tract 7, described in the above mentioned Volume 1454, Page
187, of the Official Records of Brazos County, Texas, and same being the Southwest comer of the South
end of Cherokee Drive (60' wide right-of-way) according to the plat of Indian Oaks Subdivision recorded in
Volume 361. Page 593, of the Deed Records of Brazos County, Texas, from which a crosstie fence comer
bears S 63° 17' 52" W -1.3 feet;
THENCE S 51' 22' 23" W across the before mentioned 152.93 acre tract for a distance of 3590.36 feet to
a 318" iron rod found at a 6" cedar post fence comer marking the Southwest comer of the 152.93 acre
tract;
THENCE along the North line of the following McFarlane Tracts: 1213.537 acre - 2nd Tract, Volume 315,
Page 243; 235.123 acre tract, Volume 1817, Page 154: and the 1215.830 acre -1st Treat, Volume 315,
Page 243, same being the occupied south line of the 547.1 acre - Tract 1 (consisting of a 326.6 acre tract
and a 220.5 acre tract, Volume 382, Page 37), and the 409.2 acre -Tract 2, described in the above
mentioned Volume 1454, Page 167, of the Official Records of Brazos County, Texas), (consisting of a
157.7 acre tract and a 251.5 acre tract, Volume 382, Page 31), adjacent to a crooked fence, as follows:
S 46` 56' 57" W for a distance of 173.90 feet to a 3/8" iron rod found marking the Northwest comer of the
1213.537 acre tract, same being the Northeast corner of the 235.123 acre tract,
S 47° 57' 31" W for a distance of 269.65 feet to a 12" water oak tree fence angle point;
S 59' 49' 55" W for a distance of 113.55 feet to a 16" post oak tree fence angle point,
S 87° 36' 13" W for a distance of 1364.03 feet to a 4" creosote post fence comer at the West end of a
cattle guard entrance at or near the common comer of the 235.123 acre tract and the 1215.830 acre tract,
N 89° 09' 06" W for a distance of 247.35 feet to a''':" iron rod set at the Southeast comer of the 360.00
acre tract, for the PLACE OF BEGINNING of this description;
THENCE N 89° 09' 06" W continuing along the North line of the before mentioned 1215.830 acre tract and
the South line of the before mentioned 251.5 acre tract, adjacent to a fence, for a distance of 1690.69 feet
to a 3/8" iron rod found (bent) marking the Northwest comer of the 1215.830 acre tract same being the
occupied Southwest comer of the 251.5 acre tract in the reconstructed cast line of the Frank B. McGregor
- called 320 acre tract, Volume "P", Page 387, of the Deed Records of Brazos County, Texas, from which
a 6" cedar post fence angle point bears N 73° 53' 38' E - 27.4 feet and an 8" creosote post fence comer
bears S 00° 05' 16" W - 15.9 feet;
THENCE along the reconstructed (no fence) common line between the before mentioned 251.5 acre tract
and the before mentioned McGregor- 320 acre tract, as follows:
N 00' 15' 38" W for a distance of 735.05 feet to a 1/2" iron rod set at the interior ell comer of the 251.5
acre tract, same being the most Easterly and Southerly Northeast comer of the 320 acre tract,
S W 44' 22" W at a distance of 762 fee; cross the existing occupation fence between the 251.5 acre and
320 acre tracts, continue on for a total distance of 1596.20 feet to a %" iron rod set at the Southwest
corner of the 251.5 acre tract, same being an interior ell comer of the 320 acre tract
N 00' 15' 38" W at a distance of 833.33 feet, pass a crosstie fence corner marking a Northeast comer of
the 320 acre tract, same being the Southeast comer of the before mentioned 157.7 acre tract, continue on
along the common line between the 157.7 acre tract and the 251.5 acre tract, the before mentioned 281.6
acre tract and the before mentioned 326.6 acre tract, for a distance of 4384,94 feet to a 1W iron rod set:
THENCE along the lines of the 360.00 acre tract and through the interior of the before mentioned 281.6
acre and 220.5 acre tracts, as follows:
N 89° 44' 22" E for a distance of 3256.58 feet to a'R' iron rod set, from which a 1/2" iron rod found in
concrete marking the occupied interior ell comer of the 281.6 acre tract bears N 330 01' 16" W - 39021
feet;
S 00° 15' 38" E for a distance of 5152.71 feet to the PLACE OF BEGINNING, containing 360.00 acres of
land, more or less.
Bearings based on True North, as obtained by Solar Observation.
Tract Two:
Field notes of a 1037.24 acre tract or parcel of land, lying and being situated in the H. G. Hudson Survey,
Abstract No. 141, in the J. W. Stewart Survey, Abstract No. 213 and in the J. M. Barrens Survey, Abstract
No. 69, Brazos County, Texas, and being part of the called 547.1 acre Tract 1 (consisting of a 326.6 acre
tract and a 220.5 acre tract, Volume 382, Page 37), part of the called 409.2 acre - Tract 2 (consisting of a
157.7 acre tract and a 251.5 acre tract, Volume 382, Page 31), all of the called 152.93 acre Tract 5 and
part of the called 281.6 acre Tract 6 described in the Deed from Brazos Coal, Ltd., to Thousand Oaks
Development Company Joint Venture as recorded in Volume 1454, Page 187, of the Official Records of
Brazos County, Texas, and said 1037.24 acre tract being more particularly described as follows:
BEGINNING at the %" iron rod found marking an angle point comer in the North line of the before
mentioned 152.93 acre tract, same being the Southeast comer of the called 107.349 acre (net) Tract 7,
described in the above mentioned Volume 1454, Page 187, of the Official Records of Brazos County,
Texas, and same being the Southwest corner of the South end of Cherokee Drive (60' wide right -of --way)
according to the plat of Indian Oaks Subdivision recorded in Volume 361, Page 593, of the Deed Records
of Brazos County, Texas, from which a crosstie fence comer bears S 63` 17' 52" W -1.3 feet,
THENCE along the North line of the before mentioned 152.93 acre tract, same being the South line of the
before mentioned Indian Oaks Subdivision, adjacent to a fence, as follows:
N 78° 06' 44' E for a distance of 60.31 feet to a 318" iron rod found marking the Southeast comer of said
Cherokee Drive, same being the Southwest comer of Lot 16, Indian Oaks Subdivision;
N 76' 43' 21" E for a distance of 376.15 feet to a 16" black jack oak tree fence comer at the most
Southerly Southeast comer of said Lot 16;
THENCE S 41' 01' 33" E continuing along the north line of the before mentioned 152.93 acre tract, for a
distance of 18.39 feet to an 18" tree stump fence comer,
THENCE S 00° 42' 13" E along the East line of the before mentioned 152.93 acre tract, same being the
West line of the Valenta- called 167.609 acre tract, Volume 3160, Page 182, of the Official Records of
Brazos County, Texas, adjacent to a fence, for a distance of 2075.08 feet to a 3/8" iron rod found at a 16"
pecan tree (dead) fence comer marking the Southeast comer of the 152.93 acre tract, same being the
Northeast comer of the McFarlane - called 141 A60 acre tract, Volume 341, Page 125, of the Deed
Records of Brazos County, Texas;
THENCE S 88' 58' 40" W along the common line between the before mentioned 152.93 acre tract and the
before mentioned 141.460 acre tract, adjacent to, North of and South of a crooked fence line, for a
distance of 2494.09 feet to a W iron rod set at the Northwest corner of the 141.460 acre tract, same being
an angle point corner of the 152.93 acre tract, from which a crosstie fence angle point bears N 690 44'21"
E - 59 feet;
THENCE along the common line between the before mentioned 152.93 acre tract and the McFarlane -
1213537 acre tract (315/243), also known as a remainder 630 acre tract, Volume 1155, Page 786, of the
Official Records of Brazos County, Texas, adjacent to a fence, as follows:
S 61 ° 40' 46" W for a distance of 642.37 feet to a crosstie fence angle point;
N 64° 49' 17" W for a distance of 230.26 feet to a 3/8" iron rod found at a 6" cedar post fence comer
marking the Southwest comer of the 152.93 acre tract in the East line of the before mentioned 547.1 acre
Tract 1;
THENCE along the Northerly lines of the following McFarlane Tracts: 1213.537 acre -2nd Tract, Volume
315, Page 243; 235.123 acre tract, Volume 1817, Page 154; and the 1215.830 acre- 1st Tract, Volume
315, Page 243, same being the occupied South line of the before mentioned 220.5 acre tract and the
before mentioned 251.5 acre tract, adjacent to a crooked fence, as follows:
S 46' 56' S7" W for a distance of 173.90 feegto a 3/8" iron rod found marking the Northwest comer of the
1213.537 acre tract, same being the Northeast comer of the 235.123 acre tract;
S 47° 5T 31" W for a distance of 269.65 feet to a 12" water oak tree fence angle point;
S 59" 49' S5" W for a distance of 113.55 feet to a 16" post oak tree fence angle point;
S 87° 35' 13" W for a distance of 1364.03 feet to a 4" creosote post fence comer at the west end of a
cattle guard entrance at or near the common corner of the 235.123 acre tact and the 1215.830 acre tact;
N 89' 09' 06" W for a distance of 247.35 feet to a %' iron rod set at the Southeast comer of the 360.00
acre tract described in Volume 1569, Page 118, of the Official Records of Brazos County, Texas, from
which a 3/8" iron rod found (bent) marking the Northwest corner of the 1215.830 acre tract bears N 89° 09,
06"W 1681.38 feet;
THENCE along the reconstructed lines of the before mentioned 360.00 acre tract, through the interior of
the before mentioned 220.5 acre tract and the before mentioned 2B1.6 acre - Tract 6, as follows:
N 00015' 38" W for a distance of 5152.71 feet to a 14" iron rod set at the Northeast comer of the 360,00
acre tract, from which a W iron rod found in concrete marking the occupied interior ell comer of the 281.6
acre tract bears N 33° 01' 16" W - 39021 feet;
S 89° 44' 22" W for a distance of 3286.58 feet to a W- iron rod set at the Northwest comer of the 360.00
acre tract;
S 000 15'38" E for a distance of 3551.61 feet to a cressoe fence comer marking the occupied Southeast
comer of the before mentioned 157.7 acre tract, same being a Northeast comer of the called 320 acre -
Frank B. McGregor tract described in Volume "P", Page 387, of the Deed Records of Brazos County,
Texas, from which the Southwest comer of the 215.5 acre tract, same being the Southwest corner of the
360.00 acre tract bears S 00° 15' 38" E - 833.33 feet;
THENCE along the Southerly lines of the before mentioned 157.7 acre tract, same being the Northerly
lines of the before mentioned McGregor- 320 acre tract, adjacent to a fence, as follows:
S 89° 44' 22" W for a distance of 1354.96 feet to a 4" creosote post fence comer,
N 02° 09' 26" W far a distance of 556.07 feet to a crosstie fence comer;
S 89° 32' 06" W fora distance of 622.21 feet to a 10" creosote post fence comer marking the Southwest
comer of the 157.7 acre tract, same being the Southeast comer of the Smith - called 468.48 acre tract,
Volume 2533, Page 315, of the Official Records of Brazos County, Texas;
THENCE along the West line of the before mentioned 157.7 acre tract and the before mentioned $26.6
acre tract, same being the East line of the before mentioned 468.48 acre tract, adjacent to a fence, as
follows;
N 00' 29" 32" W for a distance of 1296.07 feet to a 10" creosote post fence angle point;
N 00° 26' 28" W for a rLstance of 2924.95 feet to an 8" creosote post fence comer;
N 00' 29' 53" E at a distance of 1598 feet, cross the center of an existing gravel well access road, with
cattle guard entrance (this entrance being at the Southeast end of Arrington Road (County Road)),
continue on at a distance of 1620.7 feet pass a cross5e fence comer at the North end of cattle guard
entrance marking the Northeast corner of the 488.48 acre tract, continue on for a total distance of 1625.53
feet to a YF iron rod set for the Northwest comer of the 326.6 acre tract in the South line of the 76.252
acre tract described in Volume 2259, Page 19, of the Official Records of Brazos County, Texas;
THENCE N 89° 04' 25" E along the North line of the before mentioned 326.6 acre tract, same being the
South line of the before mentioned 76.252 acre tract and same being along the common line between the
before mentioned Barren Survey, A-69 and the S. D. Smith Survey, A-210, adjacent to a fence, at a
distance of 1620.67 feet, pass a IN' iron rod found at a 5" creosote post fence comer marking the
Southwest comer of Deer Park Subdivision according to the plat recorded in Volume 221, Page 295, of
the Deed Records of Brazos County, Texas, continue on for a total distance of 5611.55 feet to a 3/8" iron
rod found in concrete at a 6" creosote post fence comer marking the occupied Northeast comer of the
326.6 acre tract, same being the Northwest comer of the Restino - 16.68 acre Tract, Volume 1612, Page
254, of the Official Records of Brazos County, Texas;
THENCE along the occupied East line of the before mentioned 326.6 acre tract and the before mentioned
281.6 acre tract, same being the West line of the before mentioned 16.68 acre tract, the Feltz -16.67 acre
tract, Volume 1190, Page 303, of the Official Records of Brazos County, Texas, and the Hall-17.417 acre
tract, Volume 498, Page 830, of the Deed Records of Brazos County, Texas, adjacent to a fence, as
follows:
S 00° 30' 04" W for a distance of 1487.15 feet to a I%" iron rod found (bent) in concrete marking the
common comer between the 16.67 acre and 17.417 acre tracts;
S 01' 10' 19" W for a distance of 1098.69 feet to a %" iron rod found in concrete marking the occupied
interior ell comer of the 281.6 acre tract, same being the Southwest comer of the 17A17 acre tract;
THENCE along the occupied North lines of the before mentioned 281.6 acre tract, same being the South
line of the before mentioned 17.417 acre tract, the Fleming - called 18.307 acre tract Volume 296, Page
236, of the Deed Records of Brazos County, Texas, the Flanagan- called 18A71 acre tract, Volume 1201,
Page 754, of the Official Records of Brazos County, Texas, the Restino - called 18.163 acre tact Volume
297, Page 753, of the Deed Records of Brazos County, Texas, and the Crystal Chen Wiseman - called
102.504 acre tract, Volume 1228, Page 792, of the Official Records of Brazos County, Texas, adjacent to
a fence, as follows:
S 88' 33' 59" E at a distance of 698.15 feet, pass a lot' iron rod found at the common comer between the
17.417 acre and 1&307 acre tracts, continue on for a total distance of 2141,13 feet to a %-, iron rod found
at a Northeast comer of the 281.6 acre tract and the Southeast comer of the 18.071 acre tract;
S 00016' 24" E for a distance of 54.78 feet to a 5/8" iron rod found at a 2" cedar post fence comer marking
an interior ell comer of the 281.6 acre tract, same being the Southwest corner of the 18.163 acre tract,
from which a''/:" iron rod found in concrete bears N $30 43' 52" E - 0.92 feet;
S 88° 07' 50" E for a distance of 401.80 feet to a 3/8" iron rod found at a 2" cedar post fence comer
marking the Southeast comer of the 18.163 acre tact, same being the most Westerly Southwest comer of
the 102.504 acre tract;
N 89' 1 T 54" E for a distance of 723.67 feet to a N," iron rod found in concrete at a 4" creosote post fence
comer marking an interior ell comer of the 102.504 acre tact and the occupied Northeast comer "a
281.6 acre tact;
THENCE S 00° 42' 44" E along the East line of the before mentioned 281.6 acre bad and the before
mentioned 547.1 acre tract, same being the Southwesterly line of the before mentioned 102.504 acre
tact, adjacent to a fence, for a distance of 2756.30 feet to a %` iron rod found in concrete at a crosstie
fence comer marking the most Northerly Southeast comer of the 547.1 acre tact in the North line of the
before mentioned 152.93 acre tact, from which a W' iron rod found at a 6" creosote post fence comer
marking the Northwest corner of the 152.93 acre tact bears S 89° 36' 28" W-1055.24 feet;
THENCE along the North line of the before mentioned 15293 acre tract, adjacent to a fence, as follows:
S 89° 23' 33" E along the South line of the before mentioned 102.504 acre tact for a distance of 610,85
feet to a'h" iron rod found in concrete marking the common comer between the 102.504 acre tract and
the before mentioned 107.349 acre tract, from which a W' iron rod found bears S 81 ° 50' 53" E - 3.17 feet,
and a crossfie fence comer bears N 03° 00' 20" E - 0.9 feet;
N 87° 43' 28" E fora distance of 116&54 feet to the PLACE OF BEGINNING, containing 1037.24 acres of
land, more or less.
Bearings based on True North, as obtained by Solar Observation.
SAVE AN D EXCEPT: from Tracts One & Two
Indian Lakes Subdivision Phases 1 -14
LEAVING TWO (2) TRACTS CALLED 407.31 acres on Brazos County Tax Account R14678 and 78.23
acres on Brazos County Tax Account R350168.
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 Vested In:
Smiling Mallard Development, Ltd., a Texas Limited Partnership
Vesting Deed to owners shown herein was dated July 26, 2001 and recorded in Volume 4247, Page 51,
Official Records, Brazos County, Texas.
Subiect to:
Deed of Trust to secure a Note:
From: Thousand Oaks Development Company Joint Venture
To: Ferguson Burleson County Gas Gathering System
Dated: January 22, 1993
Recorded: Volume 2065, Page 41, Official Records, Brazos County, Texas.
10' Wide Communication Easement Granted in Easement and Right of Way Agreement by and between:
From: Thousand Oaks Development Company Joint Venture and Williams Communications, Inc, di
Vyvx, Inc.
Dated: September 27, 1999
Recorded: Volume 3622, Page 73, Official Records, Brazos County, Texas.
30' Wide Road Easement along Portion of Tract Two Adjacent to Lot 16 of Indian Oaks Subdivision:
From: Thousand Oaks Development Company Joint Venture
To: Earline D. Tison, et al
Dated: June 1, 1998
Recorded: Volume 3160, Page 176, Official Records, Brazos County, Texas.
Easement:
From: Smiling Mallard Development, Ltd.
To: City of Bryan
Dated: November9,2005
Recorded: Volume 7773, Page 183, Official Records, Brazos County, Texas,
Easement
From: Smiling Mallard Development, Ltd.
To: Wellborn Special Utility District
Dated: July 14, 2009
Recorded: Volume 9335, Page 227, Official Records, Brazos County, Texas.
Easement
From: Smiling Mallard Development, Ltd.
To: City of Bryan, at at
Dated: July 3, 2013
Recorded: Volume 11561, Page 61, Official Records, Brazos County, Texas.
Terms, Conditions, and Stipulations in the Ground Lease Agreement by and between:
Parties: Thousand Oaks Development Company Joint Venture and Southwestern Gas Pipeline, Inc.
Dated: April 20, 1993
Recorded: Volume 2065. Page 55, Official Records, Brazos County, Texas.
Terns, Conditions, and Stipulations in the Boundary Line Agreement by and between:
Parties: Smiling Mallard Development, Ltd. and Peach Creek Partners
Dated: June 25, 2012
Recorded: Volume 10873, Page 42, Official Records, Brazos County, Texas.
Mineral Deed:
By: J. Walter Smith, at al
To: Pure Royalty Company
Dated: March 27, 1927
Recorded: Volume 71, Page 61, Deed Records, Brazos County, Texas. Tire to said interest has not
been investigated subsequent to the date of the aforesaid instrument
Mineral Deed:
By: J. Walter Smith, et ux
To: John D. Rogers
Dated: April 9, 1938
Recorded, Volume 96, Page 94, Deed Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument
Mineral Deed:
By: R. W. Ivy, at ux
To: G. M, Arnold, et ux
Dated: December4, 1953
Recorded: Volume 161, Page 497, Deed Records, Brazos County, Texas. Tire to said interest has not
been investigated subsequent to the date of the aforesaid instrument
Mineral Reservation in Deed:
By: Thousand Oaks Development Company Joint Venture
To: Smiling Mallard Development, Ltd.
Dated: July 26, 2001
Recorded: Volume 4247, Page 51, Official Records, Brazos County, Texas. Tire to said interest has not
been Investigated subsequent to the date of the aforesaid instrument
Mineral Partition Deed:
Pages: Brazos Coal, Limited; Global Natural Resources Corporation of Nevada and Isidore Miller
Grantor: Smiling Mallard Development, Ltd.
Trustee: David Zalman
Beneficiary: Prosperity Bank
Amount: $500,000.00
Dated: January 23,2013
Recorded: Volume 11148, Page 115, Official Records, Brazos County, Texas,
Restrictions•
Volume 5375, Page 33, Official Records, Brazos County, Texas.
Exceptions•
Right of Way Easement:
From: G. M. Arnold, at al
To: Sinclair Refining Company
Dated: February26, 1947
Recorded: Volume 132, Page 48, Deed Records, Brazos County, Texas; and
Dated: September 11, 1947
Recorded: Volume 132, Page 133, Deed Records, Brazos County, Texas.
Assignment of Right of Way Easements:
From: Sinclair Refining Company
To: Sinclair Pipe Line Company
Dated: December 31, 1950
Recorded: Volume 147, Page 417, Deed Records, Brazos County, Texas.
Assignment of Right of Way Easements:
To: ARCO Pipe Line Company
Dated: March 1, 1992
Recorded: Volume 1559, Page 175, Official Records, Brazos County, Texas.
Assignment and Assumption Agreement by and between:
Parties: ARCO Pipe Line Company and CITGO Products Pipeline Company
Dated: September 30, 1994
Recorded: Volume 2217, Page 231, Official Records, Brazos County, Texas.
Amended in Instrument by and between:
Parties: Thousand Oaks Development Company Joint Venture and Citgo Products Pipeline Company
Dated: January 25, 2001
Recorded: Volume 4050, Page 98, Official Records, Bmms County, Texas.
60' Wide Right of Way Easement
From: R. C. Dunn
To: City of Bryan
Dated: August25,1961
Recorded: Volume 213, Page 503, Deed Records, Brazos County, Texas.
30' Wide Pipeline Easement
From: Thousand Oaks Development Company Joint Venture
To: Aquila Southwest Pipeline Corporation
Dated: January 22,1993
Recorded: Volume 1714, Page 216, Official Records, Brazos County, Texas.
30' Wide Pipeline Easement as Depicted Adjacent and Parallel to North Boundary Line of Tract Two:
From: Thousand Oaks Development Company Joint Venture
To: Aquila Southwest Pipeline Corporation
Dated: April 13,1993
Recorded: Volume 1843, Page 1, Official Records, Brazos County, Texas.
30' Wide Pipeline Easement Granted in Right of Way Agreement:
From: Thousand Oaks Development Company Joint Venture
To: Ferguson Burleson County Gas Gathering System
Dated: November 18,1993
Recorded: Volume 2065, Page 38, Official Records, Brazos County, Texas.
15' Wide Pipeline Easement
Dated: January 1, 1992
Recorded: Volume 1454, Page 179, Official Records, Brazos County, Texas.
Correction Mineral Partition Deed:
Recorded: Volume 1569, Page 118, Official Records, Brazos County, Texas.
As Modified by Surface Waiver.
Recorded: Volume 4251, Page 1 and Volume 5505, Page 222, Official Records, Brazos County, Texas.
Title to said interest has not been investigated subsequentto the date ofthe aforesaid instrument
Partition Warranty Deed:
Parties: Thousand Oaks Development Company Joint Venture; Global Natural Resources Corporation of
Nevada and Isidore Miller
Dated: July 7, 1994
Recorded: Volume 2174, Page 222, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Surface Waiver 8 Drilisite Designation:
From: Thousand Oaks Development Company Joint Venture
To: Public
Dated: July 26, 2001
Recorded: Volume 4247, Page 83, Official Records, Brazos County, Texas.
Amended:
Recorded: Volume 5146, Page 125, Official Records, Brazos County, Texas. Title to said interest has
not been investigated subsequent to the date of the aforesaid instrument
Royalty Deed:
By: W. L. Williams
To: M. P. Walker
Dated: May 7, 1938
Recorded: Volume 96, Page 232, Deed Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument
Estate Created by Oil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor: George M. Arnold, at ux, at al
Lessee: Union Pacific Resources Company
Dated: Febmary2,1993
Recorded: Volume 1746, Pages 138 and 141, Official Records, Brazos County, Texas.
Ratified:
Recorded: Volume 2031, Page 213, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument
Estate Created by Oil and Gas Lease, and all terns, conditions and stipulations therein:
Lessor: Prescott Ranch Joint Venture, at al
Lessee: Ogden Resources Corporation
Dated: March 27, 1990
Recorded: Volume 1175, Page 690, Official Records, Brazos County, Texas.
Ratified and Amended in Instruments:
Recorded: Volume 1179, Page 36; Volume 1180, Page 625; Volume 1216, Page 17 and Volume 1713,
Page 325, Official Records, Brazos County, Texas. Title to said interest has not been investigated
subsequent to the date of the aforesaid instrument.
Upon examination of the public records Brazos County, Texas, we find no exception to tine of the
subject property other than those shown above. This Title Report is issued with the express
understanding, evidenced by acceptance of same, that the liability of the undersigned is limited to
the actual monetary consideration paid for same.
University Title Company
TITLE REPORT
GF No.: 132348
Certification Date: May 5, 2013
Examiner: JMP
Property Description:
Tract One:
Field Notes of a 360.00 acre tract or parcel of land, lying and being situated in the J. M. Barrera Survey,
Abstract No. 69, Brazas County, Texas, and being that certain 360.00 acre tract which is described as the
SAVE AND EXCEPT tract in the Deed from Brazos Coal, Ltd., to Thousand Oaks Development Company
Joint Venture as recorded in Volume 1454, Page 187, of the Official Records of Brazos County, Texas,
and is further described in the Correction Partition Warranty Deed recorded in Volume 1569, Page 119, of
the Official Records of. Brazos County, Texas, and is part of the called 547.1 acre tract and part of the
called 409.2 acre tracband part of the called 281.6 acre tract described in the deed from J. W. McFarlane,
Trustee, to Brazos Coal, Limited, as recorded in Volume 643, Page 769, of the Deed Records of Brazos
County, Texas, and said 360.00 acre tract being more particularly described as follows:
COMMENCING at the %" iron rod found marking an angle point corner in the north line of the 152.93 acre
Tract 5, described in the Deed to Thousand Oaks Development Company Joint Venture as recorded in
Volume 1454, Page 187, of the Official Records of Brazos County, Texas, same being the Southeast
corner of the called 107.349 acre (net) Tract 7, described in the above mentioned Volume 1454, Page
187, of the Official Records of Brazos County, Texas, and same being the Southwest corner of the South
end of Cherokee Drive (60' wide right-of-way) according to the plat of Indian Oaks Subdivision recorded in
Volume 361, Page 593, of the Deed Records of Brazos County, Texas, from which a crosstie fence corner
bears S 631 17' 52" W - 1.3 feet;
THENCE S 510 22' 23" W across the before mentioned 152.93 acre tract for a distance of 3590.36 feet to
a 3/8" iron rod found at a 6" cedar post fence corner marking the Southwest corner of the 152.93 acre
tract;
THENCE along the North line of the following McFarlane Tracts: 1213.537 acre - 2nd Tract, Volume 315,
Page 243; 235.123 acre tract, Volume 1817, Page 154; and the 1215.830 acre -1st Tract, Volume 315,
Page 243, same being the occupied south line of the 547.1 acre - Tract 1 (consisting of a 326.6 acre tract
and a 220.5 acre tract, Volume 382, Page 37), and the 409.2 acre -Tract 2, described in the above
mentioned Volume 1454, Page 187, of the Official Records of Brazos County, Texas), (consisting of a
157.7 acre tract and a 251.5 acre tract, Volume 382, Page 31), adjacent to a crooked fence, as follows:
S 46" 56` 5T' W for a distance of 173,90 feet to a 3/8" iron rod found marking the Northwest corner of the
1213,537 acre tract, same being the Northeast corner of the 235.123 acre tract,
S 47" 57' 31" W for a distance of 269.65 feet to a 12" water oak tree fence angle point;
S 59" 49' 55" W for a distance of 113.55 feet to a 16" post oak tree fence angle point,
S 870 36' 13" W for a distance of 1364.03 feet to a 4" creosote post fence comer at the West end of a
cattle guard entrance at or near the common corner of the 235.123 acre tract and the 1215.830 acre tract,
N 89" 09' 06" W for a distance of 247.35 feet to a Y" iron rod set at the Southeast corner of the 360.00
acre tract, for the PLACE OF BEGINNING of this description;
THENCE N 890 09' 06" W continuing along the North line of the before mentioned 1215.830 acre tract and
the South line of the before mentioned 251.5 acre tract, adjacent to a fence, for a distance of 1690.69 feet
to a 3/8" iron rod found (bent) marking the Northwest corner of the 1215.830 acre tract, same being the
occupied Southwest corner of the 251.5 acre tract in the reconstructed cast line of the Frank B. McGregor
- called 320 acre tracts Volume "P", Page 387, of the Deed Records of Brazos County, Texas, from which
a 6" cedar post fence angle point bears N 730 53' 38" E - 27.4 feet and an 8" creosote post fence corner
bears S 000 05' 16" W -15.9 feet;
THENCE along the reconstructed (no fence) common line between the before mentioned 251.5 acre tract
and the before mentioned McGregor - 320 acre tract, as follows:
N 000 15' 38" W for a distance of 735.05 feet to a 112" iron rod set at the interior ell corner of the 251.5
acre tract, same being the most Easterly and Southerly Northeast comer of the 320 acre tract,
S 890 44' 22" W at a distance of 762 feet, cross the existing occupation fence between the 251.5 acre and
320 acre tracts, continue on for a total distance of 1596.20 feet to a''/" iron rod set at the Southwest
4Ao
corner of the 251.5 acre tract, same being an interior ell corner of the 320 acre tract,
N 00' '15' 38" W at a distance of 833.33 feet, pass a crosstie fence corner marking a Northeast corner of
the 320 acre tract, same being the Southeast corner of the before mentioned 157.7 acre tract, continue on
along the common line between the 157.7 acre tract and the 251.5 acre tract, the before mentioned 281.6
acre tract and the before mentioned 326.E acre tract, for a distance of 4384.94 feet to a'/2" iron rod set;
THENCE along the lines of the 360.00 acre tract and through the interior of the before mentioned 281.6
acre and 220.5 acre tracts, as follows:
N 89' 44' 22" E for a distance of 3286.58 feet to a'/" iron rod set, from which a 1/2" iron rod found in
concrete marking the occupied interior ell corner of the 281.6 acre tract bears N 330 01' 16" W - 390.21
feet;
S 000 15' 38" E for a distance of 5152.71 feet to the PLACE OF BEGINNING, containing 360.00 acres of
land, more or less.
Bearings based on True North, as obtained by Solar Observation.
Tract Two:
Field notes of a 1037.24 acre tract or parcel of land, lying and being situated in the H. G. Hudson Survey,
Abstract No. 141, in the J. W. Stewart Survey, Abstract No. 213 and in the J. M. Barrera Survey, Abstract
No. 69, Brazos County, Texas, and being part of the called 547.1 acre Tract 1 (consisting of a 326.6 acre
tract and a 220.5 acre tract, Volume 382, Page 37), part of the called 409.2 acre - Tract 2 (consisting of a
157.7 acre tract and a 251.5 acre tract, Volume 382, Page 31), all of the called 152.93 acre Tract 5 and
part of the called 281.6 acre Tract 6 described in the Deed from Brazos Coal, Ltd., to Thousand Oaks
Development Company Joint Venture as recorded in Volume 1454, Page 187, of the Official Records of
Brazos County, Texas; and said 1037.24 acre tract being more particularly described as follows:
BEGINNING at the'/2" iron rod found marking an angle point corner in the North line of the before
mentioned 152.93 acre tract, same being the Southeast corner of the called 107.349 acre (net) Tract 7,
described in the above mentioned Volume 1454, Page 187, of the Official Records of Brazos County,
Texas, and same being the Southwest corner of the South end of Cherokee Drive (60' wide right-of-way)
according to the plat of Indian Oaks Subdivision recorded in Volume 361, Page 593, of the Deed Records
of Brazos County, Texas, from which a crosstie fence corner bears S 63' 17' 52" W -1.3 feet;
THENCE along the North line of the before mentioned 152.93 acre tract, same being the South line of the
before mentioned Indian Oaks Subdivision, adjacent to a fence, as follows:
N 780 06' 44" E for a distance of 60.31 feet to a 3/8" iron rod found marking the Southeast corner of said
Cherokee Drive, same being the Southwest corner of Lot 16, Indian Oaks Subdivision;
N 760 43' 21" E for a distance of 376.15 feet to a 16" black jack oak tree fence corner at the most
Southerly Southeast corner of said Lot 16;
THENCE S 41 ° 01' 33" E continuing along the north line of the before mentioned 152.93 acre tract, for a
distance of 18.39 feet to an 18" tree stump fence corner;
THENCE S 000 42' 13" E along the East line of the before mentioned 152.93 acre tract, same being the
West line of the Valenta - called 167.609 acre tract, Volume 3160, Page 182, of the Official Records of
Brazos County, Texas, adjacent to a fence, for a distance of 2075.08 feet to a 3/8" iron rod found at a 16"
pecan tree (dead) fence corner marking the Southeast corner of the 152.93 acre tract, same being the
Northeast corner of the McFarlane - called 141.460 acre tract, Volume 341, Page 125, of the Deed
Records of Brazos County, Texas;
THENCE S 880 58' 40" W along the common line between the before mentioned 152.93 acre tract and the
before mentioned 141.460 acre tract, adjacent to, North of and South of a crooked fence line, for a
distance of 2494.09 feet to a''/2" iron rod set at the Northwest corner of the 141.460 acre tract, same being
an angle point corner of the 152.93 acre tract, from which a crosstie fence angle point bears N 690 44' 21"
E - 59 feet;
THENCE along the common line between the before mentioned 152.93 acre tract and the McFarlane -
1213.537 acre tract (315/243), also known as a remainder 630 acre tract, Volume 1155, Page 786, of the
Official Records of Brazos County, Texas, adjacent to a fence, as follows:
S 610 40' 46" W for a distance of 642,37 feet to a crosstie fence angle point;
N 64' 49' 17" W for a distance of 230.26 feet to a 3/8" iron rod found at a 6" cedar post fence corner
marking the Southwest corner of the 152.93 acre tract in the East line of the before mentioned 547.1 acre
Tract 1;
THENCE along the Northerly lines of the following McFarlane Tracts: 1213.537 acre - 2nd Tract, Volume
315, Page 243; 235.123 acre tract, Volume 1817, Page 154; and the 1215.830 acre - 1st Tract, Volume
315, Page 243, same being the occupied South line of the before mentioned 220.5 acre tract and the
before mentioned 251.5 acre tract, adjacent to a crooked fence, as follows:
S 46' 56' 57" W for a distance of 173.90 feet to a 318" iron rod found marking the Northwest corner of the
1213.537 acre tract, same being the Northeast corner of the 235.123 acre tract;
S 47' 57' 31" W for a distance of 269.65 feet to a 12" water oak tree fence angle point;
S 59' 49' 55" W for a distance of 113.55 feet to a 16" post oak tree fence angle point;
S 870 36' 13" W for a distance of 1364.03 feet to a 4" creosote post fence corner at the west end of a
cattle guard entrance at or near the common corner of the 235.123 acre tract and the 1215.830 acre tract;
N 89' 09' 06" W for a distance of 247.35 feet to a''/2" iron rod set at the Southeast corner of the 360.00
acre tract described in Volume 1569, Page 118, of the Official Records of Brazos County, Texas, from
which a 3/8" iron rod found (bent) marking the Northwest corner of the 1215.830 acre tract bears N 890 09'
06" W 1681.38 feet;
THENCE along the reconstructed lines of the before mentioned 360.00 acre tract, through the interior of
the before mentioned 220.5 acre tract and the before mentioned 281.6 acre - Tract 6, as follows:
N 00' 15' 38" W for a distance of 5152.71 feet to a %:" iron rod set at the Northeast corner of the 360.00
acre tract, from which a %" iron rod found in concrete marking the occupied interior ell corner of the 281.6
acre tract bears N 33' 01' 16" W - 390.21 feet;
S 89' 44' 22" W for a distance of 3286.58 feet to a'/" iron rod set at the Northwest corner of the 360.00
acre tract;
S 000 15' 38" E for a distance of 3551.61 feet to a crosstie fence corner marking the occupied Southeast
corner of the before mentioned 157.7 acre tract, same being a Northeast corner of the called 320 acre -
Frank B. McGregor tract described in Volume "P", Page 387, of the Deed Records of Brazos County,
Texas, from which the Southwest corner of the 215.5 acre tract, same being the Southwest corner of the
360.00 acre tract bears S 000 15' 38" E - 833.33 feet;
THENCE along the Southerly lines of the before mentioned 157.7 acre tract, same being the Northerly
lines of the before mentioned McGregor - 320 acre tract, adjacent to a fence, as follows:
S 890 44' 22" W for a distance of 1854.96 feet to a 4" creosote post fence corner;
N 02' 09' 26" W for a distance of 556.07 feet to a crosstie fence corner;
S 890 32' 06" W for a distance of 622.21 feet to a 10" creosote post fence corner marking the Southwest
corner of the 157.7 acre tract, same being the Southeast corner of the Smith - called 468.48 acre tract,
Volume 2533, Page 315, of the Official Records of Brazos County, Texas;
THENCE along the West line of the before mentioned 157.7 acre tract and the before mentioned 326.6
acre tract, same being the East line of the before mentioned 468.48 acre tract, adjacent to a fence, as
follows;
N 00' 29" 32" W for a distance of 1296.07 feet to a 10" creosote post fence angle point;
N 000 26' 28" W for a distance of 2924.95 feet to an 8" creosote post fence corner;
N 000 29' 53" E at a distance of 1598 feet, cross the center of an existing gravel well access road, with
cattle guard entrance (this entrance being at the Southeast end of Arrington Road (County Road)),
continue on at a distance of 1620.7 feet, pass a crosstie fence corner at the North end of cattle guard
entrance marking the Northeast corner of the 468.48 acre tract, continue on for a total distance of 1625.53
feet to a''/2" iron rod set for the Northwest corner of the 326.6 acre tract in the South line of the 76.252
acre tract described in Volume 2259, Page 19, of the Official Records of Brazos County, Texas;
THENCE N 89' 04' 25" E along the North lone of the before mentioned 326.6 acre tract, same being the
South line of the before mentioned 76.252 acre tract and same being along the common line between the
before mentioned Barrera Survey, A-69 and the S. D. Smith Survey, A-210, adjacent to a fence, at a
distance of 1620.67 feet, pass a 1/2" iron rod found at a 6" creosote post fence corner marking the
Southwest corner of Deer Park Subdivision according to the plat recorded in Volume 221, Page 295, of
the Deed Records of Brazos County, Texas, continue on for a total distance of 5611.55 feet to a 3/8" iron
rod found in concrete at a 6" creosote post fence corner marking the occupied Northeast corner of the
326.6 acre tract, same being the Northwest corner of the Restino - 16.68 acre Tract, Volume 1612, Page
254, of the Official Records of Brazos County, Texas;
THENCE along the occupied East line of the before mentioned 326.6 acre tract and the before mentioned
281.6 acre tract, same being the West line of the before mentioned 16.68 acre tract, the Feltz - 16.67 acre
tract, Volume 1190, Page 303, of the Official Records of Brazos County, Texas, and the Hall - 17,417 acre
tract, Volume 498, Page 830, of the Deed Records of Brazos County, Texas, adjacent to a fence, as
follows:
S 000 30' 04" W for a distance of 1487.15 feet to a'/" iron rod found (bent) in concrete marking the
common corner between the 16.67 acre and 17.417 acre tracts;
S 01' 10' 19" W for a distance of 1098.69 feet to a''/2" iron rod found in concrete marking the occupied
interior ell corner of the 281.6 acre tract, same being the Southwest corner of the 17.417 acre tract;
THENCE along the occupied North lines of the before mentioned 281.6 acre tract, same being the South
line of the before mentioned 17.417 acre tract, the Fleming - called 18.307 acre tract Volume 296, Page
236, of the Deed Records of Brazos County, Texas, the Flanagan - called 18.071 acre tract, Volume 1201,
Page 754, of the Official Records of Brazos County, Texas, the Restino - called 18.163 acre tract, Volume
297, Page 753, of the Deed Records of Brazos County, Texas, and the Crystal Chen Wiseman - called
102.504 acre tract, Volume 1228, Page 792, of the Official Records of Brazos County, Texas, adjacent to
a fence, as follows:
S 88' 33' 59" E at a distance of 698.15 feet, pass a''/2" iron rod found at the common corner between the
17.417 acre and 18.307 acre tracts, continue on for a total distance of 2141.13 feet to a''/z' iron rod found
at a Northeast corner of the 281.6 acre tract and the Southeast corner of the 18,071 acre tract;
S 001 16' 24" E for a distance of 54.78 feet to a 5/8" iron rod found at a 2" cedar post fence corner marking
an interior ell corner of the 281.6 acre tract, same being the Southwest corner of the 18.163 acre tract,
from which a''/2" iron rod found in concrete bears N 830 43' 52" E - 0.92 feet;
S 880 07' 50" E for a distance of 401.80 feet to a 3/8" iron rod found at a 2" cedar post fence corner
marking the Southeast corner of the 18.163 acre tract, same being the most Westerly Southwest corner of
the 102.504 acre tract;
N 890 17' 54" E for a distance of 723.67 feet to a''/I" iron rod found in concrete at a 4" creosote post fence
corner marking an interior ell corner of the 102.504 acre tract and the occupied Northeast corner of the
281.6 acre tract;
THENCE S 000 42' 44' E along the East line of the before mentioned 281.6 acre tract and the before
mentioned 547.1 acre tract, same being the Southwesterly line of the before mentioned 102.504 acre
tract, adjacent to a fence, for a distance of 2756.30 feet to a Y" iron rod found in concrete at a crosstie
fence corner marking the most Northerly Southeast corner of the 547.1 acre tract in the North line of the
before mentioned 152:93 acre tract, from which a''/2" iron rod found at a 6" creosote post fence corner
marking the Northwest corner of the 152.93 acre tract bears S 89° 36' 28" W - 1055.24 feet;
THENCE along the North line of the before mentioned 152.93 acre tract, adjacent to a fence, as follows:
S 890 23' 33" E along the South line of the before mentioned 102.504 acre tract for a distance of 610.85
feet to a''/2" iron rod found in concrete marking the common corner between the 102.504 acre tract and
the before mentioned 107.349 acre tract, from which a''/2" iron rod found bears S 810 50' 53" E - 3.17 feet,
and a crosstie fence corner bears N 030 00' 20" E - 0.9 feet;
N 870 43' 28" E for a distance of 1166.54 feet to the PLACE OF BEGINNING, containing 1037.24 acres of
land, more or less.
Bearings based on True North, as obtained by Solar Observation.
SAVE AND EXCEPT: from Tracts One & Two
Indian Lakes Subdivision Phases 1 - 11 and Phase 13
LEAVING TWO (2) TRACTS CALLED 422.078 acres on Brazos County Tax Account R14678 and 84.11
acres on Brazos County Tax Account R350168.
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 onlyfor informational and/or identification purposes.
Title Vested In:
Smiling Mallard Development, Ltd., a Texas Limited Partnership
Vesting Deed to owners shown herein was dated July 26, 2001 and recorded in Volume 4247, Page 51,
Official Records, Brazos County, Texas.
Subject to:
Deed of Trust to secure a Note:
Grantor: Smiling Mallard Development, Ltd.
Trustee: Timothy N. Bryan
Beneficiary: The First National Bank of Bryan
Amount: $4,000,000.00
Dated: August 29, 2002
Recorded: Volume 4824, Page 36, Official Records, Brazos County, Texas.
Said Note being additionally secured by Assignment of Agreements Affecting Real Estate:
Dated: August 29, 2002
Recorded: Volume 4824, Page 75, Official Records, Brazos County, Texas.
Said lien being assigned to Prosperity Bank by Assignment:
Dated: April 21, 2009
Recorded: Volume 9061, Page 262, Official Records, Brazos County, Texas.
Correction Deed of Trust to secure a Note:
Grantor: Smiling Mallard Development, Ltd.
Trustee: TimothyN. Bryan
Beneficiary: The First National Bank of Bryan
Amount: $1,725,000.00
Dated: February 19, 2004
Recorded: Volume 7226, Page 123, Official Records, Brazos County, Texas.
Said Note being additionally secured by Assignment of Agreements Affecting Real Estate:
Dated: February 19, 2004
Recorded: Volume 6586, Page 247, Official Records, Brazos County, Texas.
Said lien being assigned to Prosperity Bank by Assignment:
Dated: April 21, 2009
Recorded: Volume 9061, Page 27, Official Records, Brazos County, Texas.
Deed of Trust to secure a Note:
Grantor: Smiling Mallard Development, Ltd.
Trustee: David Zalman
Beneficiary: Prosperity Bank
Amount: $500,000.00
Dated: January23, 2013
Recorded: Volume 11148, Page 115, Official Records, Brazos County, Texas.
Restrictions:
Volume 5375, Page 33, Official Records, Brazos County, Texas.
Exceptions:
Right of Way Easement:
From: G. M. Arnold, et al
To: Sinclair Refining Company
Dated: February 26, 1947
Recorded: Volume 132, Page 48, Deed Records, Brazos County, Texas; and
Dated: September 11, 1947
Recorded: Volume 132, Page 133, Deed Records, Brazos County, Texas.
Assignment of Right of Way Easements:
From: Sinclair Refining Company
To: Sinclair Pipe Line. Company
Dated: December 31, 1950
Recorded: Volume 147, Page 417, Deed Records, Brazos County, Texas.
Assignment of Right of Way Easements:
To: ARCO Pipe Line Company
Dated: March 1, 1992
Recorded: Volume 1559, Page 175, Official Records, Brazos County, Texas.
Assignment and Assumption Agreement by and between:
Parties: ARCO Pipe Line Company and CITGO Products Pipeline Company
Dated: September 30, 1994
Recorded: Volume 2217, Page 231, Official Records, Brazos County, Texas.
Amended in Instrument by and between:
Parties: Thousand Oaks Development Company Joint Venture and Citgo Products Pipeline Company
Dated: January 25, 2001
Recorded: Volume 4050, Page 98, Official Records, Brazos County, Texas.
60' Wide Right of Way Easement:
From: R. C. Dunn
To: City of Bryan
Dated: August 25, 1961
Recorded: Volume 213, Page 503, Deed Records, Brazos County, Texas.
30' Wide Pipeline Easement:
From: Thousand Oaks Development Company Joint Venture
To: Aquila Southwest Pipeline Corporation
Dated: January 22, 1993
Recorded: Volume 1714, Page 216, Official Records, Brazos County, Texas.
30' Wide Pipeline Easement as Depicted Adjacent and Parallel to North Boundary Line of Tract Two:
From: Thousand Oaks Development Company Joint Venture
To: Aquila Southwest Pipeline Corporation
Dated: April 13, 1993
Recorded: Volume 1843, Page 'I, Official Records, Brazos County, Texas.
30' Wide Pipeline Easement Granted in Right of Way Agreement:
From: Thousand Oaks Development Company Joint Venture
To: Ferguson Burleson County Gas Gathering System
Dated: November 18, 1993
Recorded: Volume 2065, Page 38, Official Records, Brazos County, Texas.
15' Wide Pipeline Easement:
From: Thousand Oaks Development Company Joint Venture
To: Ferguson Burleson County Gas Gathering System
Dated: January 22, 1993
Recorded: Volume 2065, Page 41, Official Records, Brazos County, Texas.
10' Wide Communication Easement Granted in Easement and Right of Way Agreement by and between:
From: Thousand Oaks Development Company Joint Venture and Williams Communications, Inc. d/b/a
Vyvx,Inc.
Dated: September 27, 1999
Recorded: Volume 3622, Page 73, Official Records, Brazos County, Texas.
30' Wide Road Easement along Portion of Tract Two Adjacent to Lot 16 of Indian Oaks Subdivision:
From: Thousand Oaks Development Company Joint Venture
To: Earline D. Tison, et al
Dated: June 1, 1998
Recorded: Volume 3160, Page 176, Official Records, Brazos County, Texas.
Easement:
From: Smiling Mallard Development, Ltd.
To: City of Bryan
Dated: November 9, 2005
Recorded: Volume 7773, Page 183, Official Records, Brazos County, Texas.
Easement:
From: Smiling Mallard Development, Ltd.
To: Wellborn Special Utility District
Dated: July 14, 2009
Recorded: Volume 9335, Page 227, Official Records, Brazos County, Texas.
Terms, Conditions, and Stipulations in the Ground Lease Agreement by and between:
Parties: Thousand Oaks Development Company Joint Venture and Southwestern Gas Pipeline, Inc.
Dated: April 20, 1993
Recorded: Volume 2065, Page 55, Official Records, Brazos County, Texas.
Terms, Conditions, and Stipulations in the Boundary Line Agreement by and between:
Parties: Smiling Mallard Development, Ltd. and Peach Creek Partners
Dated: June 25, 2012
Recorded: Volume 10873, Page 42, Official Records, Brazos County, Texas.
Mineral Deed:
By: J. Walter Smith, et al
To: Pure Royalty Company
Dated: March 27, 1927
Recorded: Volume 71„ Page 61, Deed Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Mineral Deed:
By: J. Walter Smith, et ux
To: John D. Rogers
Dated: April 9, 1938
Recorded: Volume 96, Page 94, Deed Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Mineral Deed:
By: R. W. Ivy, et ux
To: G. M. Arnold, et ux
Dated: December 4, 1953
Recorded: Volume 161, Page 497, Deed Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Mineral Reservation in Deed:
By: Thousand Oaks Development Company Joint Venture
To: Smiling Mallard Development, Ltd.
Dated: July 26, 2001
Recorded: Volume 4247, Page 51, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Mineral Partition Deed:
Parties: Brazos Coal, Limited; Global Natural Resources Corporation of Nevada and Isidore Miller
Dated: January 1, 1992
Recorded: Volume 1454, Page 179, Official Records, Brazos County, Texas.
Correction Mineral Partition Deed:
Recorded: Volume 1569, Page 118, Official Records, Brazos County, Texas.
As Modified by Surface Waiver:
Recorded: Volume 4251, Page 1 and Volume 5505, Page 222, Official Records, Brazos County, Texas.
Title to said interest has not been investigated subsequent to the date of the aforesaid instrument.
Partition Warranty Deed:
Parties: Thousand Oaks Development Company Joint Venture; Global Natural Resources Corporation of
Nevada and Isidore Miller
Dated: July 7, 1994
Recorded: Volume 2174, Page 222, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Surface Waiver & Drillsite Designation:
From: Thousand Oaks Development Company Joint Venture
To: Public
Dated: July 26, 2001
Recorded: Volume 4247, Page 83, Official Records, Brazos County, Texas.
Amended:
Recorded: Volume 5146, Page 125, Official Records, Brazos County, Texas. Title to said interest has
not been investigated subsequent to the date of the aforesaid instrument.
Royalty Deed:
By: W. L. Williams
To: M. P. Walker
Dated: May 7, 1938
Recorded: Volume 96, Page 232, Deed Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Estate Created by Oil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor: George M. Arnold, et ux, et al
Lessee: Union Pacific Resources Company
Dated: February 2, 1993
Recorded: Volume 1746, Pages 138 and 141, Official Records, Brazos County, Texas.
Ratified:
Recorded: Volume 2031, Page 213, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Estate Created by Oil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor: Prescott Ranch Joint Venture, et al
Lessee: Ogden Resources Corporation
Dated: March 27, 1990
Recorded: Volume 1175, Page 690, Official Records, Brazos County, Texas.
Ratified and Amended in Instruments:
Recorded: Volume 1179, Page 36; Volume 1180, Page 625; Volume 1216, Page 17 and Volume 1713,
Page 325, Official Records, Brazos County, Texas. Title to said interest has not been investigated
subsequent to the date of the aforesaid instrument.
Upon examination of the public records Brazos County, Texas, we find no exception to title of the
subject property other than those shown above. This Title Report is issued with the express
understanding, evidenced by acceptance of same, that the liability of the undersigned is limited to
the actual monetary consideration paid for same.
University Title Company