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Brazos CountyAbstract Company
"More Than 140 Years of Tztle Service"
P.O. Box 4704 Phone: (979) 731-1900 3800 Cross Park Drive
Bryan, Texas 778054704 Fax: (979) 731-1381 Bryan, Texas 77802
BCAC GFNO. BC1300989
Title Report Prepared 9/4/2013
for
Schultz Engineering, LLC
Joe Schultz
2730 Longmire, Suite A
College Station, Texas 77845
"Experience Matters"
*4-,
Brazos CountyAbstract Company
"More Than 140 Years of 77de Service"
TITLE REPORT
Effective Date: September 3, 2013 at 8:00 am
GF NO: BC1300989
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 PublicRecords of
Brazos County, Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at a %n inch iron rod found marking the south corner of Lot _11, Block 6,
Castlegate ll Subdivision, Section 200, according to the plat recorded in Volume 10392, page
260 of the Official Public Records of Brazos County, Texas, and the east corner of Lot 22,
Block 6, Castlegate U Subdivision, Section`202, according to the plat recorded in Volume
11061, page 31 of the Official Public Records of Brazos County, Texas, said iron rod found
being on the northwest line of Uphor Drive (50' r.o.w.)
THENCE: along the common line of said remainder of 202.655 acre tract and said Section
200 for the following calls:
N 41 56' 29" E along the extension of the northwest line of Uphor Drive for
distance of 105.00 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' 3 1 " W 35.36 feet) to the end of said curve;
N 41° 56' 29" E across the right-of-way of Hadleigh 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 900 00' 00" for an arc distance of 39.27
feet (chord bears: N 860 56' 29" E - 35.36 feet) to the end of said curve;
N 41° 56' 29" E along the extension of the northwest line of Uphor Drive for a
distance of 210.00 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 41°_ 56' 29" E across the right-of-way of Toddington Lane (50' ro.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 900 001 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;
N 41° 56 29" E along the extension of the northwest line of Uphor Drive for
distance of 81.17 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 030 03' 3 V W 35.36 feet) to the end of said curve;
N 48' 03' 31 W along the extension of the southwest line of W. S. Phillips Parkway
(101' ro.w.) for a distance of 910.33 feet to the platted end of W. S. Phillips
Parkway;
THENCE: N 41* 56 29" E across the end of W. S. Phillips Parkway, at 101.00 feet pass the
northeast line of W. S. Phillips Parkway, continue on for a total distance of IS1.00 feet to the
°southwest line of Castlegate Subdivision, Section 7, Phase 2, according to the plat recorded in
Volume 8369, page 131 of the Official Public Records of Brazos County, Texas;
THENCE: S 48° 03' 31" E along the common line of said remainder of 202.655 acre tract and
Castlegate Subdivision, Section 7, Phase 2, and Castlegate Subdivision, Section 6, according
to the plat recorded in Volume 7213, page 40 of the Official Public Records of Brazos
County, Texas, for a distance of 1905.98 feet to the most easterly corner of said remainder of
202.655 acre tract lying within the apparent right-of-way of greens prairie road (variable width
r.o.w.);
THENCE: S 41' 55' 52" W through said apparent right-of-way and along the southeast line
of said remainder of 202.655 acre tract for a distance of 176.05 feet
THENCE: N 480 03' 31" W continuing through said apparent right-of-way and along the
northeast line of common area "B' , according to a replat of Castlegate II Subdivision, Section
202, for a distance of 111.18 feet to the north corner of said common area;
THENCE: S 41° 56' 29" W along the common line of said remainder of 202.655 acre tract
and said common area for a distance of 562.60 feet to the northeast line of Dalton Lane
(variable width r.o.w.);
THENCE: along the northeast line of Dalton Lane for the following calls:
N 58° 21' 35" W for a distance of 33.62 feet;
N 48° 03' 31 W for a distance of 86.42 feet; ;
S 41' 56 29" W for a distance of 2.50 feet; to the beginning of a counterclockwise
curve having a radius of 25.00 feet
Along said curve through a central angle of 900 W 00" for an arc distance of 39.27
feet (chord bears: N 03° 03' 31" W - 35.36 feet) to the southeast line of Tonbridge
Drive (50' r.o.w.)
THENCE: N 48" 03' 31" W across the end of Tunbridge Drive for a distance of 50.00 feet to
the northwest line of Tonbridge Drive;
THENCE: S 41° 56 29" W along the northwest line of Tonbridge Drive for a distance of
50.00 feet to the east corner of Lot 16, Block 5, Castlegate 11 Subdivision, Section 202 (plat
11061/31);
THENCE; N 48° 03' 31" W along the common dine of said remainder of 202.655 acre tract
and Castlegate H Subdivision, Section 202, for a distance of 665.00to the POINT OF
BEGINNING containing 18.848 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 and does not override item 2 of Schedule B hereof.
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 d/b/a 3-D
Development to J. Davis Watson, Trustee, for the benefit of 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 The 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 of Brazos County, Texas.
Easement from Mrs. Esther M. Dansby to Producer's Gas Company, recorded January 14, 1983,
recorded in Volume 556 page 345, Deed Records of Brazos County,Texas; amended in
instrument recorded in Volume 9592, page 240, Official 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.
Revised Easement and Right of Way executed by Esther Jane Grant McDougal et at to General
Telephone Company of the Southwest, dated February 27, 1985, recorded in Volume 771, page
12, Official Records of 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 of Brazos County, Texas.
Easement from Esther Jane McDougal to Aquila Southwest Pipeline Corporation, dated July 8,
1994, recorded in Volume 2168, page 28, Official Records of Brazos County, Texas.
Easement from Pauline Bruce Diebel to Aquila Southwest Pipeline' Corporation, dated July 11,
1994, recorded in Volume 2168, page 34, Official 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.Tide 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 Chant 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:
NONE OF RECORD
TAXES/ASSESSMENTS:
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 LUMTED TO THE ACTUAL MONETARY CONSIDERATION PAID FOR
SAID REPORT BY Schultz Engineering, LLC. THIS SEARCH HAS BEEN LII4IITED
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 Companyboj,aa 4n?4f..,
BY:
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 frilly 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 11�embers to pass the Resolutions set forth below; and (ii),
that on the � day of /� Z o e m l cr , 2011, by written consent of tine
President/Manager/Member of the Company, the following resolutions were unanimously
adopted and recorded hi 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 full 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, assigrmnents, 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
detected 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 SIGNATURE
WALLACE PHILLIPS, IV President/Manager (Jaj6 yr�L /11?� tvt K
CANDACE PHILLIPS Agent % i
WALLACE PHILLIPS, III Agent��/���`—�
I
VICKI HILLERT Agent(�c��Ct?,r
IN WITNESS WHEREOF, I have hereunto subscribed my hand on this the 0��daY of
W &�& jag�� T h,vt
WALLACE PHILLIPS, I`V, 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 3 adaY of �
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.
,VEt�LEY STONE -
M1ttISS10NEXPIFES Notary Public, State ofTexas
2012
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