HomeMy WebLinkAboutLegal Documentsi F ll_
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AL E *ate of ' Texas
EtxEtaq of �tatE
Ur c e 219 1999
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J. �:RC-u oAYLISS
410 S^UTH '[EAAS AVE.9 STE 111)
C13LLEGE STATIONvTX 77840
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UNIVERSITY HEIGHTSs LLC 'V"
FILING NUrMBER. 07060243 -22 V _� �
IT H AS BEFN OUR PLEASURE TO APPRUVE AND PLACE ON RECORD THE ARTICLES
IJC gRGANIZATInN THAT CREATED YOUR COMPANY. WE EXTEND OUR BEST
WISHEt CUR SUCCESS IN YOUR NEN VLNTUKF.
AS A UNITED LIABILITY COMPANY, YOU ARE SUBJECT TO STATE TAX LAWS.
THE COMPTRULLER OF PUBLIC ACCOUNTS WILL 8E CONTACTING YOUR REGISTERED
AGENT REGARDING PAYMENT OF FRANCHISE TAXES.
IF OE CAN 6F OF FUkTHER SERVICE AT ANY TIME, PLEASE LET US KNOW,
VERY TRULY YOURS9
Elton Bomer, Secretary of State
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The "State of Texas
,*ECXPtarg of ,State
CERTIFICATE nF iIRGANIZ4TION
OF
UNIVERSITY HEIGHTS, LLC
FILING NUMBER 07060243
THE UNDERSIGNED9 AS SECRETARY OF STATE OF THE STATE OF TEXAS9
HEREBY CEQTIFIES THAT THE ATTACHED ARTICLES OF ORGANIZATION FOR THE
ABOVE NAMED COMPANY HAVE BEEN RECEIVED IN THIS OFFICE ANC HAVE BEEN
FOUNO TC CGNFORP TO LAW.
ACCUROINGLY9 THE UNDERSIGNED, AS SECRETARY OF STATES AND BY VIRTUE
OF THE AUTHOkITY VESTED IN THE SECRETARY BY LAWS HEREBY ISSUES THIS
CERTIFICATL- OF CRGANIZATIUN.
ISSUANCE OF THIS CEkTIFICATE OF ORGANIZATION DOES NOT AUTHORIZE
THE USc OF A COMPANY NAME IN THIS STATE IN VIOLATION OF THE kIGHTS OF
ANOThc "R -NTITY UNDER THE FEDERAL TRADEMARK ACT OF .19469 THE TEXAS TRADEMARK
LAM• THE ASSUMEC BUSINESS OR PROFESSIONAL NAME ACT OR THE COMMON LAW.
DAT=O DEC. 209 1999
EFFECTIVE UFC. 209 1999
Elton Bomer, Secretary of State
0
ARTICLES OF ORGANIZATI
OF
UNIVERSITY HEIGHTS, LL
FILED
N In the Office of the
SecrPt?ry cf State of Texas
DEC 2 0 1999
I
E
Corporp —Nne sooilon
The undersigned, acting as the sole organizer of a limited liability`company un er the exas
Limited Liability Company Act (the "Act "), does hereby adopt the following Articles of
Organization for UNIVERSITY HEIGHTS, LLC (the "Company ");
ARTICLE ONE
The name of the Company is UNIVERSITY HEIGHTS, LLC,
ARTICLE TWO
The period of duration of the Company is until the close of Company business on
June 7, 2029, or until the earlier dissolution of the Company in accordance with the
provisions of its regulations.
ARTICLE THREE
The purpose for which the Company is organized is the transaction of any or all
lawful business for which limited liability companies may be organized under the
Act.
ARTICLE FOUR
The principle place of business of the Company in the State of Texas is Brazos
County, Texas.
ARTICLE FIVE
The name of the initial registered agent of the Company in the State of Texas is J.
Fred Bayliss, and the address of such initial agent is 410 South Texas Avenue, Suite
110, College Station, Texas, 77840.
ARTICLE SIX
The Company is to be managed by one or more managers. The Number of initial
managers, who shall serve as managers until the first annual meeting of members of
C: /My Docs /Corps /UNIVERSITY HEIGHTS LLC /A00 /SN
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the Company or until their successors are duly elected shall be two. The name and
address of such initial manager shall be as follows:
Charles H. Szabuniewicz 3801 Fifth St.
Bryan, Texas 77801
Karen Irwin
ARTICLE SEVEN
726 Edgewood Drive
Bryan, Texas 77802
Any action required by the Act or the Texas Business Corporation Act to be taken at
any annual or special meeting of members, or any action which may be taken at any
annual or special meeting of members, may be taken without a meeting, without
prior notice, and without a vote, if a consent or consents in writing, setting forth the
action is so taken, shall be signed by the holder or holders of membership interests
having not less than the minimum number of votes that would be necessary to take
such action at a meeting at which the holders of all membership interests having not
less than the minimum number of votes that would be necessary to take such action
at a meeting at which the holders of all membership interests entitled to vote on the
action were present and voted. Prompt notice of the taking of any action by the
members without a meeting by less than unanimous written consent shall be given
to those members who did not consent in writing to the action.
ARTICLE EIGHT
A manager of the Company shall not be liable to the Company or its members for
monetary damages for an act or omission in the manager's capacity as a manager,
except that this Article Eight does not eliminate or limit the liability of a manager to
the extent the manager is found liable for (i) a breach of the manager's duty of
loyalty to the Company or its members; (ii) an act or omission not in good faith that
constitutes a breach of duty of the manager to the Company or an act or omission
that involves intentional misconduct or a knowing violation of the law; (iii) a
transaction from which the manager received an improper benefit, whether or not
the benefit resulted from an action taken within the scope of the manager's office; or
(iv) an act or omission for which the liability of a manager is expressly provided by
an applicable statute. Any repeal or amendment of this Article Ten by the members
of the Company shall be prospective only and shall not adversely affect any
limitation on the liability of a manager of the Company existing at the time of such
repeal or amendment. In addition to the circumstances in which the manager of the
Company is not liable as set forth in the preceding sentences, the manager shall not
be liable to the fullest extent permitted by any provision of the statutes of Texas
hereafter enacted that further limits the liability of a manager or of a director of a
corporation.
C:/My Docs /Corps/UNIVERSITY HEIGHTS LLC /A00 /SN
IN WITNESS WHEREOF, these Articles of Organization have been executed on June 7,
1999 by the undersigned.
SOLE ORGANIZER
red Bayliss
C: /My Docs/Corps/UNIVERSITY HEIGHTS LLC/A00 /SN
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IN WITNESS WHEREOF, these Articles of Organization have been executed on June 7,
1999 by the undersigned.
SOLE ORGANIZER
red Bayliss
C: /My Docs/Corps/UNIVERSITY HEIGHTS LLC/A00 /SN
.r
UNIVEMITY
TITLE COMPANY
October 22, 1999
Mr. Charles H. Szabuniewicz
3801 Fifth Street
Bryan, TX 77801
Re: UTC #:993069
Property Address: 1.514 acres, C. Burnett #7, Welsh & Nevada, College Station, TX
Dear Mr. Szabuniewicz:
In connection with the above referenced property, we are enclosing a copy of the title
commitment, copies of the restrictions and title exceptions, and a Buyer Information Sheet.
If you have any questions or concerns, please let us know.
Sincerely,
0 Q'_C'w �'
Lee Ann Wilson
Pre - closing Dept.
/law
Enclosure
Celia Goode- Haddock, President
1021 University Drive East Post Office Drawer DT College Station, Texas 77841 -5079
Telephone: (409) 260 -9818 Fax: (409) 268 -3080
www.utitle.com titleinfo @utitle.com
in
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vo�.2L ..PAGE 41 4
STATE OF TEXAS I
COUNT Y OF BRAZOS X
Hot k
Know all men by these presents, that 1, ; 1 t III r Y• ��
of the County of r. •n5 State of Toxpg for tand in consideration of
the sum of one ($ 1.00) dollar to me cash in hand paid by the City of College Station, Texas,
a municipal corporation in Brazos County, Texas, duly incorporated under the general
laws of the State of Texas, the receipt of which is hereby acknowledged, have granted, sold,
and conveyed, and by these presents do grant, sell and convey unto the said City of College
Station, Texas, certain rights aad Interests in th form of an EASE; II on and through
the following described property for a ton foot utility easement.
1 at an iron rod markin7 the East right- of -Mav line of the
i•rorncri •nlrh Pvenne Extension, nt its intersection with the South right -of-
w.� l int+ of 11ol Ir -nn !'rive, avid iron rori further described ag being the most
;�r�lerl: corner of the '•'c^.u'loch ..,..!.;.iuu.
Thenro Selo 20' 4n' E distance of 1344.9 feet to in Point for a corner,
said ,Hint also being th ^easterly corner of the afore mentioned VcCulloch
Addition,
.sz" E n dtstance of 10 feet to n Point for a corner,
34 49" t/ a distance of 1344.Q feet to a point for a corner,
71en 3.1`- 32" ;V a distance of 10 feet to a point, said point also
hetn•; the Alice of be!7tnninr;.
To have and to hold the rights and interests herein before described unto the
said City of College Station, Texas, and its successors and assigns forever and I do hereby
bind myself, my heirs, executors and administrators, to warrant and forever defend, all
and singular these rights and Interests unto the said City of CollPVP station, TPxac, and its
successors and assigns, against every person whomsoever lawfully claiming, or to claim
the same, or any part thereof.
WITNESS my hand this 7 day of
Ls 19
�Gto r r � - /44a 00
SINGLE r- :7MIEMMT
THE STATE OF TEXAS I
X
COUNTY OF br „SOS
the undersigned, a A-tary public in and for said County and
State, on this day personally appeared Alphonse L. Holik, Jr.
;mown to me to be the person whose name is subscribed to the
foregoin instrW..ent, and acknowledged to me that he executed the same
for the purposes a.:: consideration therein expressed.
COPY
DO NO
DUPLI
fnpYF
1
SOUTr
MICR(
OF T!
INC.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 7 th osy of
May A. D. }=.1970.
I r�L
'j.'•. Notary Public in and for Brazo County, Texas
t
M % % % % % % % M % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % %
SINGLE ACK WWLEDGMENT
THE STATE OF TEXAS X
4
COUNTY OF BRAZOS
BEFORE M, the undersigned, a Notary rublic in and for said County and
State, on this day personally appeared t•Irs. Gladys E. Ho Divin
known to ac to be the person whose name is subscribed'to the
roregbing`instrument, and acknowledged to me that she executed the same
► ;.4'or he purposes and consi dPrntA nn +hnrni
, •:, �:-
GIVEN' UNDER MY HAND AND SEAL OF OFFICE this the 7 * day of
Mey A. D. INS.
J6 ' (L. S. ) 'aL o'
Notary Public in and for Brazos County, Texas
- TF.lLE,D,a „
,0'cl -11-x"
SINGLE ACKNOWLEDGMENT tffiY 2 91
THE STATF Or TEXAS X 5 3 7 Z FRANK BORISKIE
COUNTY OF BRAZOS
BEFORE l-•, the undersigned, a Plotary,Ppb4c in and for said County ano
State, on this day personally appeared 1 1n r)» 5 f' k. A/A // 'S
known to me to be the person whose name? IS subscribed to the
f instrument, and acknowledged to me that he executed the same
.6r.the purposes and consideration therein expressed.
r�
n _ N UNDER '& HAND AND SEAL OF OFFICE this the %Z 7/Lfi i day cf
A. D. 12M 1970. /1
yjr (L• •) r
iotary Public in and for Brazos unty, Texas
41 .5
0 Ti
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Resources
Guaranty
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
We, Title Resources Guaranty Company, will issue our title insurance policy or policies (the Policy) to You (the
proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in
Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance atthe date
of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy
and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and
expedited delivery expenses.
This Commitment ends in ninety (90) days from the effective date, unless the Policy is issued sooner, orfailure to issue
the Policy is our fault Our liability and obligations to you are under the express terms of this Commitment and end
when this Commitment expires.
TUk Resources Guaranty Company
Authorized lignatory
Rv A/, —5- ae:r-�
THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY
AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED
BELOW.
Form T-7: Commitrnent for Title Insurance Effective 10 -1 -97
SCHEDULE A
Effective Date: October 6, 1999 at 04:00 PM GF No. 993069
Commitment No. TRGC , issued October 19, 1999, 01:03 PM
1. The policy or policies to be issued are:
(a) OWNER POLICY OF TITLE INSURANCE (Form T -1)
(Not applicable for improved one -to -four family residential real estate)
Policy Amount: $
PROPOSED INSURED:
(b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
- ONE -TO -FOUR FAMILY RESIDENCES (Form T -1R)
Policy Amount: $88,500.00
PROPOSED INSURED: Charles H. Szabuniewicz
(c) MORTGAGEE POLICY OF TITLE INSURANCE (FORM T -2)
Policy Amount: $
PROPOSED INSURED:
(d) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T -13)
Binder Amount: $
PROPOSED INSURED:
Proposed Borrower:
(e) OTHER:
Policy Amount: $
PROPOSED INSURED:
2. The interest in the land covered by this Commitment is: Fee Simple
3. Record title to the land on the Effective Date appears to be vested in:
Michael William Divin
4. Legal description of land:
A 1.514 acre tract or parcel of land, lying and being situated in the Crawford
Burnett League, Abstract 7, College Station, Brazos County, Texas, and being a
portion of the Alphonse Holik tract as described by deed recorded in Volume 90,
Page 512 of the Deed Records of Brazos County, Texas, and being more particularly
described by metes and bounds as follows:
BEGINNING at the point of intersection of the southeast right -of -way line of
Holleman Drive with the southwest right -of -way line of Welch Street, said point
also being the north corner of the McCulloch Addition to the City of College
Station, Texas;
THENCE S 34 31 E along the common line between the herein described tract and
SEE ATTACHED CONTINUATION OF LEGAL DESCRIPTION
Texas Commitment (Rev. 1 -1 -93) Valid Only If Schedule B And C,
Page 2 - Schedule A ORIGINAL And Cover Page Are Attached.
UNIVERSITY TITLE COMPANY Title Resources Guaranty Compar-
SCHEDULE A
Commitment No. TRGC
GF No. 993069
(Continuation of Legal Description)
the aforementioned McCulloch Addition for a distance of 809.96 feet to the POINT OF
BEGINNING;
THENCE continuing S 34 31 E along the aforesaid common line for a distance of
535.55 feet to a point for corner;
THENCE N 45 41 E for a distance of 127.61 feet to a point for corner, said corner
also lying in the southwest right of way line of Welch Street;
THENCE N 33 59 W along the southwest right -of -way line of Welch Street for a
distance of 13.74 feet to a point for angle point;
THENCE N 34 34 W continuing along the southwest right -of -way line of Welch Street
for a distance of 500.33 feet to a point for corner;
THENCE S 55 25 W for a distance of 125.41 feet to the POINT OF BEGINNING and
containing 1.514 acres of land, more or less.
SAVE AND EXCEPT a rectangular tract or parcel of land described as follows:
A 5,100 square feet tract or parcel of land, lying and being situated in the Crawford
Burnett League, College Station, Brazos County, Texas, and being a portion of the
Alphonse Holick tract, as described by deed recorded in Volume 90, Page 512 of the Deed
Records of Brazos County, Texas, and being more particularly described by metes and
bounds as follows:
BEGINNING at the point of intersection of the southeast right -of -way line of Holleman
Drive with the southwest right -of -way line of Welch Street, said point also being the
north corner of the McCulloch Addition to the City of College Station, Texas;
THENCE S 34 31 E along the common line between the herein described tract and the
aforementioned McCulloch Addition for a distance of 809.96 feet;
THENCE continuing S 34 31 E along the aforesaid common line for a distance of
535.55 feet to the POINT OF BEGINNING;
THENCE N 45 41 E for a distance of 127.61 feet to a point for corner, said corner
also lying in the southwest right -of -way line of Welch Street;
THENCE N 34 34 W for a distance of 40 feet to a point for corner, said point being
the intersection of the Welch Street southeastern right -of -way line and the northeastern
right -of -way line of Nevada Street;
THENCE S 45 W along said right -of -way line of Nevada Street approximately 127.61 feet
to a point for corner in the north line of McCulloch Addition;
THENCE S 34 31 E for a distance of 40 feet to the PLACE OF BEGINNING and containing
5,100 square feet or 0.12 acre, more or less.
The Company does not represent that the above acreage or square footage calculations are
Texas Commitment (Rev. 1 -1 -93) Valid Only If Schedule B And C,
Page 2 - Schedule A ORIGINAL And Cover Page Are Attached.
UNIVERSITY TITLE COMPANY Title Resources Guaranty Compan
SCHEDULE A
Commitment No. TRGC GF No. 993069
(Continuation of Legal Description)
correct.
Texas Commitment (Rev. 1 -1 -93) Valid Only If Schedule B And C,
Page 2 - Schedule A ORIGINAL And Cover Page Are Attached.
UNIVERSITY TITLE COMPANY Title Resources Guaranty Compax
SCHEDULE B
Commitment No. TRGC
GF No. 993069
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will not
cover loss, costs, attorney's fees, and expenses resulting from:
1. The following restrictive covenants of record itemized below (We must either insert
specific recording data or delete this exception).
Deleted
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments or protrusions, or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of
any insured. (Applies to the Owner Policy only.)
4. Any titles or rights asserted by anyone, including, but not limited to, persons,
the public, corporations, governments or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial
rivers and streams, lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or
changed by any government, or
C. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation,
or the rights of access to that area or easement along and across that area.
(Applies to the Owner Policy only.)
S. Standby fees, taxes and assessments by any taxing authority for the year 99,
and subsequent years, and subsequent taxes and assessments by any taxing authority
for prior years due to change in land usage or ownership.
6. The terms and conditions of the documents creating your interest in the land.
7. Materials furnished or labor performed in connection with planned construction
before signing and delivering the lien document described in Schedule A, if the
land is part of the homestead of the owner. (Applies to the Mortgagee Title Policy
Binder on Interim Construction Loan only, and may be deleted if satisfactory
evidence is furnished to us before a binder is issued.)
8. Liens and leases that affect the title to the land, but that are subordinate to
the lien of the insured mortgage. (Applies to Mortgagee Policy only.)
9. The following matters and all terms of the documents creating or offering
evidence of the matters (We must insert matters or delete this exception):
a. Rights of Parties in Possession. (Owner Policy Only)
b. Easement dated May 7, 1970, executed by Alphonse Holick, Jr., et al to City of
College Station, and recorded in Volume 286, Page 414 of the Deed Records of Brazos
County, Texas.
SEE ATTACHED CONTINUATION OF EXCEPTIONS
Texas Commitment (Rev. 1 -1 -93) Valid Only If Cover Page And Schedule A
Page 3 - Schedule B ORIGINAL And C Are Attached.
UNIVERSITY TITLE COMPANY Title Resources Guaranty ComparY
SCHEDULE B
Commitment No. TRGC
(CONTINUATION OF EXCEPTIONS)
GF No. 993069
C. Partition of "Surface Estate Only" in Deed dated April 3, 1985, between James A.
Divin, et al and Michael William Divin, recorded in Volume 778, Page 173 of the Official
Records of Brazos County, Texas.
d. Oil & Gas Lease dated February 29, 1984, executed by Lynell D. Walker, guardian of
Gladys H. Divin to Heart of Texas Minerals, recorded in Volume 707 Page 698 of the
Official Records of Brazos County, Texas.
Texas Commitment (Rev. 1 -1 -93)
Page 3 - Schedule B
UNIVERSITY TITLE COMPANY
ORIGINAL
Valid Only If Cover Page And Schedule A
And C Are Attached.
Title Resources Guaranty Compa
SCHEDULE C
Commitment No. TRGC
GF No. 993069
Your Policy will not cover loss, costs, attorney's fees, and expenses resulting from
the following requirements that will appear as Exceptions in Schedule B of the Policy,
unless you dispose of these matters to our satisfaction, before the date the Policy is
issued:
1. Documents creating your title or interest must be approved by us and must be signed,
notarized and filed for record.
2. Satisfactory evidence must be provided that:
- no person occupying the land claims any interest in that land against the persons
named in paragraph 3 of Schedule A,
- all standby fees, taxes, assessments and charges against the property have been
paid,
- all improvements or repairs to the property are completed and accepted by the
owner, and that all contractors, sub - contractors, laborers and suppliers have been
fully paid, and that no mechanic's, laborer's or materialmen's liens have attached
to the property,
- there is legal right of access to and from the land,
- (on a Mortgagee Policy only) restrictions have not been and will not be violated
that affect the validity and priority of the insured mortgage.
3. You must pay the seller or borrower the agreed amount for your property or interest.
4. Any defect, lien or other matter that may affect title to the land or interest
insured, that arises or is filed after the effective date of this Commitment.
5. Item No. 2 on Schedule B of the Mortgagee's Title Policy shall be amended to read
"shortages in area" upon our request of an acceptable survey.
6. Item No. 3 on Schedule B of the Mortgagee's Title Policy shall be amended to read
"standby fees, taxes and assessments by any taxing authority for the year 1994 and
subsequent years ", upon payment of applicable premium.
7. We will require an Affidavit as to Debts and Liens be signed and the original
provided to us prior to issuance of any title policies.
B. We will require a Waiver of Inspection (Rights of Parties in Possesion) be signed by
the Purchaser and the original provided to us prior to issuance of any title policies.
9. We will require an original Tax Certificate be provided, showing all taxes paid
current, prior to issuance of any title policies. (If this transaction is not closing in
our office, let us know if we need to order the tax certificate.)
10. If this transaction is not closing in our office, please contact us prior to closing
for confirmation of any closing fees.
11. "The title insurance policy being issued to you contains as Arbitration Provision.
It allows you or the Company to require arbitration if the amount of Insurance is
$1,000,000 or less. If you want to retain your right to sue the Company in case of a
SEE ATTACHED CONTINUATION OF REQUIREMENTS
Texas Commitment (Rev. 1 -1 -93) Valid Only If Schedule A and 6,
Page 4 - Schedule C ORIGINAL And Cover Page Are Attached.
UNIVERSITY TITLE COMPANY Title Resources Guaranty Compar
SCHEDULE C
Commitment No. TRGC
GF No. 993069
(Continuation of Requirements)
dispute over a claim, you must request deletion of the Arbitration Provision before the
policy is issued. If you are the purchaser in the transaction and elect deletion of the
Arbitration Provision, a form will be presented to you at closing for execution. If you
are the lender in the transaction and desire deletion of the Arbitration Provision,
please inform us through your loan Closing Instructions."
12. City Cleanup Lien dated October 28, 1982, styled City of College Station vs. Lot
Owner, in the principal sum of $54.20, recorded in Volume 544, Page 331 of the Deed
Records of Brazos County, Texas.
13. Determine marital status of seller(s) and require joinder of spouse(s) in the
execution of the Warranty Deed to purchaser, if indicated.
UNIVERSITY TITLE CO MPAN Y
t utk
la w uthorized Countersignature
Texas Commitment (Rev. 1 -1 -93)
Page 4 - Schedule C
UNIVERSITY TITLE COMPANY
Valid Only If Schedule A and 8,
ORIGINAL And Cover Page Are Attached.
Title Resources Guaranty Compa�
SCHEDULE D
Commitment No. TRGC GF No. 993069
You are entitled to receive advance disclosure of settlement charges in connection with
the proposed transaction to which this commitment relates. Upon your request, such
disclosure will be made to you. Additionally, the name of any person, firm or corporation
receiving any sum from the settlement of this transaction will be disclosed on the
closing or settlement statement.
You are further advised that the estimated title premium * is:
Owners Policy $
Mortgagee Policy $
Endorsement Charges $
Total $
Of this total amount $ or 17.75% (complete only one) will be paid to the policy
issuing Title Insurance Company; $ or % (complete only one) will be
retained by the issuing Title Insurance Agent; and the remainder of the estimated premium
will be paid to other parties as follows:
Amount To Whom For Services
$ or % (complete
only
one)
$ or % (complete
only
one)
$ or % (complete
only
one)
* The estimated premium is based upon information furnished to us as of the date of
this Commitment for Title Insurance. Final determination of the amount of the premium
will be made at closing in accordance with the Rules and Regulations adopted by the State
Board of Insurance.
The issuing Title Insurance Agent, University Title Company, is a Texas Corporation
(corporation, partnership, sole proprietor, or other) whose shareholders owning or
controlling, directly or indirectly, 10% of said corporation, directors, and officers are
listed below:
Celia Goode, President and Director
Michael R Hoelscher, Vic President and Director
William C. Lipsey, Secretary /Treasurer and Director
The issuing Title Insurance Company, Title Resources Guaranty Company, is a corporation
whose shareholders owning or controlling, directly or indirectly, 10% of said
corporation, directors and officers are listed below:
Shareholders: Security Title Agency
Directors: Henry N. Fajkowski; Dorothy Hopkins; LeRoy J. Schneider; Kathy A. Schneider;
Philip J. Wise; Carlos Rainwater
Officers: President - A. F. Jackson; Exec. Vice President /Secretary - Paul
McNutt, Jr.; CFO /Treasurer - Raymond Reece
Texas Commitment (Rev. 10- 30 -92)
Page 5 - Schedule D
UNIVERSITY TITLE COMPANY
ORIGINAL
Title Resources Guaranty Compa4
COUNTY OF
7
PAH'rI1'TON DIJA,
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7
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KNUii A-t. MEN HY THESE PPESFNIS that this instrument of
writing made •end entered into by and hvtween JAMES ALPHONSE DIVIN,
'MICHAEL WILLIAM DIVIN and LYNELL ANN DIVIN WALKER, wher,..n each
party is actin; individually and LYNI:LI. A`d'd DIVIN WALKER is also
;i acting as ln.iependent Administrat.rtr t(,t r.hv Estate of Gladys,
• Holik Divin, Causr No. 6678 in the r• v t at ;.i irotas
` "�
County, Texas; and,
i
WHEttr:Ati, the parties her• ievisees of Gladys,
l
Holik Divin ur.yer her Last Will i Ina,
WHEREAS, the parties ,r.• , r >L completing the
(partition of some of the property liolik Divin and to
'
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7 �
`effect a partition and a division of sand of the lands which
�i are curfently held in common; and,
, r
y
,I;s
WHEREAS, the parties desire and agree to jointly retain
f all of the mineral interests connected with the properties
inherited from Gladys Holik Divin and to partition only the
surface interests among themselves:
NOW, THEREFORE, IT IS HEREBY COVENANTED, GRANTED,
CONCLUDED and AGREE'r by and between said parties, end each of them
CUVENANTS, GRANT':, CoNCLUMS and AGREES, for himself, herself,
themselves, his, her and their heirs that
and assigns, a partition
of said lands be made as follows, to -wit:
7
II FIRST . The sa ±d ,JAMES ALPHONSE DMA shall from hence-
forth have, hold,
•
possess and enjoy, in severalty by himself and
to him ani his heirs and assigns for his part, share, interest and
proportion of the said lands and premises, the following described'
'portion thereof:
7
A 1.319 acre trt.ct or parcel of land, lving and being situated in
the Crawtorl 1W net:. League, College Station, Texas, anti being a
�•I)rtio ri (,t t!'e Alptn_.ise Holik tract v, Div >criLed by dood r
512 , t the Deed !cot -1t , nt firat• Carom y,
I
7
is I (l
as tOl i ,.
u: :c ; INN t:.!:
.. .ror, :ell:
f,. .'.c•
southoast
Y ut
it
right- ot._. +.1',
l.r)1. 1t111 .! 'r1
....,•
THENCE. S 4
44 . Awn . 1
;"La Y r '
Street _ -r d
•I
i:: ; f ante nt 1 r17 , l W ?et
t,) _ae i&): N :
j,
THENCE LocL inu l L 441 51 44
or tilt_ nor�•.f
•.f.: .. 1 , '.)t
Welch 6trel't
Wr a distancy 4
;2.3'4 :ect
beginnin<; ,,;
-urve Lo the IctC;
THENCE: around
saki curve for a" ,.frc
distant' w
end of sail: curves
icurve da'a: aelius
=46u.r?,
S 51° Ub' 2d"
t a distance f) tu
feet'
THENCE b 57°
2i' t" ,. cont:in(iir..,
line of 'Ne Wn
,f
SLreeL Wr a dISL,.ff)C•
�?
Lii ?!-
be inninf
m:n,t at
curve to the r1
THENCE; aroun,1 said curve to: In .rr, r.t f
point on said nurve tar corner (Qurv•.' 41 - r. teet,
the sub -morel !;cars S 52 45' u7" E a di ;
J '
j THENCE: N 45 02' 34" E for 4 distance of tnu ,,oint
ut beginning .-rt a curve to the riont;
THENCE around saici curve to the right tar fr CG or 44.37
feet to a Pvint for corner (curve data: feet, Li)r
chord bears N 46 54' 21" E for a distance ,t 44. if; : f••]
i{ THENCE: N 37° 26' 54" W for a distance of 142.91 tees c;, the poin!
11 of beginning; of a curve to the iett;
THENCE; around said curve to the Ott for an arc distance of 61.46'
teet,to a point tar end at said curve (curve data: radius = 475.00
Meet,, 'the chord bears N C1° 09' 19" W a distance of 61.42 tent):
THENCE N W 51' 44" W for a distance of 45.75 Lett to a ,)pint :or'
corner;
THENCE S 45 04' 12" W for a distance of 255.50 feet Lo the P01Nr�
UY BEGINNING and containing 1.319 acres of land, more or less;
f and the other. parties hereto ;c ;CANT, RELEASE: "nc W&%E•_RM
the said JAMES ALPHONSE UIVIN the premises above . descrioed;
; TU HAVE AND TO HJ§Q the above described promises, with!
r
all and singular the rights, hereditament:; and ,fppurLenancesi
! thereto in anywise belonging, unto tho• said JAMES ALPHuNtiE. DIVIPi,'
h
his heirs and .�ssiyns, corever. i
SECJVii "the said MICHAEL WILLIAM 01VIN ;n;r11 fr .)m'
nen,:l?foc•Ln have, hold, Possess and enjoy, in severalty ny himsolt,
and to him anti his heirs and assigns, for his part. snare,'
Interest ana praportion Of We sai(' 1an :nC • ::nl ;e':',
. ae•
L( .:e ?�..:- .:._.. d C`, ot.
i
77 1 7-1
i'x'. 6
e
i .
C
i
',� Y
A 1.SI4 .wt l
tr•1ct
or parcel ',: I,r;•.1, y ,, ;; ,..,
r,,1Lvr� in
the Crawl
1
t Ie::.l :r, ;.r f• I. ,,
. t It_.2d i
�In _
I• I.-fed
a port t.,n ipt
1 • .hc .�!r,f„n^
I< rr'.1Ct as
llescr1U..,1 !,
of 40 fret to
reC <,r,l
Pecor 1d u1
i1r' f i5
County, vX:1r;, ,anJ ,.,,.� ..,7t
- ,. ;:art irularIy
UesCClih�!cl !,
point
W Street;
df,d toUrt, ws;
i '!'HENCE N 45'
t. or
41' 23" E for
a disian,'r�
>t 127.61 legit to a
t
corner, said ccrnor also 1 Ln, in
y 3
line of Welch Street;
the southwest
point,
right -of -way
"THENCE N 34'
34' :b" t; for
a distance
of 40 fret to
a for
'
vurner, said
Southeastern
Ipc,ini b
right-
the inter,ecti:,n
of tilt,
point
W Street;
;I line of Nevada
ut -way
Sircet;
line and the
nor he,, tern
rirj[ ;t. - - I
BEG INN! N-,I ,1L '!,- ,,oint of lntur:it: r.t n U[ ri j[lt -ol- I
way line : , t 1 1; t i ieman UriVe wiU; t ! , . , s ' : t h w r ' ' - r 1 . ; 1 • ' . -
• f y l i n e nt
t titr t fl ,point alp ;o :rl !;: nr,rc.!, rn• r ! the
;1cCult,t:tt A n to) the City .p' C'. t,,t,.,• 1.�,
i
i
I 'if ''NCI: 5 la` 3i' 14" 1: a10 r
n; t.hr• , ,r•..ctn t tle herein
.lescrlt,ekl tract "Id the atorement 1., •.•c7 MCCui l ,ch All; r I()n for a
:ist,ut�r• ,tf n•ir.'lr., tuet to the
i
1'Ht:NCF: c,>nr Ir,1,in s 34 3!' 14"
rrr;,f 1cl , .'mmun line,
ter a d1st.:n,,u .,t 53 feet tct
j 'THENCE N 4` -,° al 23" E for a
ref >
;.' ter corner, ::,1 : corner also a point
1, • �,, w ,.
line of tdr•I :?ir•_rrt; 't r1 ;ht -0t-way,
THENCE N 33° ')9' ',y" W along r ;I,t - of -way line of
trelCh - Lrfrut , •r ,f �l1:it.,tlCe ,r•
f
point; point for angle!
'
i
rHENCE N 34' 34' 2b" W continuin; right -of -way
line Of Welch Street for a dist,ut: -• t•r. to ,, point for
ii turner; t-t.
I i
!I THENCE S 55' 25' 34" W for a dt:iL.,;t..: a l ieec L., r_he PUiN'r
OF BEGINNING and containing 1 .51 a .t r • r :;,n,l, mr)rr} or less.
� SAVE AND EXCEPT a rectangular tract or parcel of land closcribed as
tollows:
A 5,100 square teet tract or, parcel of land, lying and ;ring situ `
ated` :in ,the Crawford Burnett League, College Station, Hrazos `
County, Texas, and being a portion of the Alphonse tiolik tract as
described by deed recorded in Volume 90, Page 512 <7[: the Dri
Records of lirazov County, Texas, and being rtore p _
described by meiec; and hounds as tollc:ws:
BEGINNING at th. point of interEactiun of the Southeast- ry ',
way line of Hol_rman Urive with the southwest right— tw,,y
Welch street, said point also being the north corner of thei
McCulloch Addition to the City Of Co11e,;e Station, Texas;
THENCE S 34' 31' 14" E along the common line between the herein 1
described tract and the aforementioned McCulloch Addition for a
distance of 809.96 teet;
THENCE continuing S 34' mil' 14" E aium the aforesaid common lino !'
for a distance of �i35.55 Eoet to the POINT OF HEGINN1Nc;; 1
774 ' 17�
L . 4 0 i, c re
less; 6 j, -I no , inc, C*-- r
, 'ink' tile AIN
UnLo
tile eiil-LIAM DIVIN the
. above de::rtred;
i tlAVt, ANI) ro
a I , a no u the tj t. he re7it.vnt "r
jpp u r L
r.,; 1 N N N
4
t-t 1 n 1 r-..; j 0
ijj r
,)t 40
r, (� t , me te
1 LAC'..
;o•s
L . 4 0 i, c re
less; 6 j, -I no , inc, C*-- r
, 'ink' tile AIN
UnLo
tile eiil-LIAM DIVIN the
. above de::rtred;
i tlAVt, ANI) ro
a I , a no u the tj t. he re7it.vnt "r
jpp u r L
t fie re tc, !)elongin(j, UnLO the
nis forever.
Th e S a a L Y N EL i
he n ce r o r L- 1. v.! , her!- i f
anki E0 iier an- tier he=irs and snare, inter -! I
t.
e3L and i)c of the said lands the t011owing!
fI
i! described portiL)jj thereof:
A 0.45 1'xk:C,,- tract or i)arcej (-)L land and ( situated in.
Brazos Co 'Texas,
and being hart of. a 4 1-acre tract in the
C RAWFURD 1JURNETT SURVEY; said 41
acres, being the same tract of,
land Conveyed by Anton Zak et al to Alphonse L. Holik by 13cedi
dated
1: january 4, 1936, recorded i Vol go, 512, Deed
Records,
U
Brazos County,
County, Texas; said 0.45 acre being more parLicu-1
larly described
by metes and bounds as follows:
BEGINNING at a. iron rod for the MOSL westerly corner of tho AalJ
41 acre
tract;
THENCE N. 45 E. along the SE line Of a county road, a distance of
529.9 feet to the Beginning Point
It
of this 0.45 acre tract;
THENCE S. 45 E. a distance of 150 fee to a stake for corner;
rHENCE N. 45 E . a distance of 130 ; LO 6 stake foe corner;
11 THENCE N. 45 W. a distance of 150 feet t 0 a Stake in the SE I i
Of
said county road; ne!
THENCE S. 45 W. along the SK line of Said
"tV
county road, .1 distance
Of 130 t0eL to the POINT Ok' BEGINNIN(. and containing 0.45
land,
more or less; acres of
and the other j)airtLCS hereto GRANT, RELFASE and CONFI,im unto the
said LYNELL 4, DIVIN WALKER the premises anove describ..!d,
TU HAVE AND TO HOLD tr.j. above described prc.ili es, with'
all and simular zne rights, hereo' tanients and
30purtenances
tnereto in anywise De long ing, lint; c rn,_1 said
A:.. L;IVIN
7" � - 171)
0
5.r.1 LYN:....
and to h ,n..: hat r,etrs dna as�i *. :n._ ,
t•.)r t; r
�r �.,r .,':wry, inter-
: est and pro_),)rti,>n of the s.ai:! lands
1.1A i)refr;i
described (r,,rt loin rr rent:
i
A 4. i33 acre• tr 1ct r )arcal of lan :
l ,
1 '
,•iny an.. �etn; sttuaCed i[t
.rte Crawtor,f Uur!wtt League, Col le;..,
5ta _ion, Texas, inr: being a'
„tortion of the Alph,nse Holik tract as a, scrtbe,f :)y :sec: recorded
'
1-1 volume 91), 1)'1 j 512 .)f the L.•
f'vCOC,: )r t;Ca1.,S Cr)Unty,
Te.:as, and boln,) more particularly :escrih,
:, mt!t, -s ,1nJ bounds,
as follows:
w
BEGINNING at an iron rod located at t!
[ ,)f t_t..• - �.,u) -t
east rtyht -ut -way line of Holleman Ur :.
)rthcA A. right-
of - way lino• of i+vich 'Arent;
VW - 410E N 45 04' 12" E alony the
t�3ht -ot -way line
i of Holleman Drive tr;r a distant.'
_t to an angle]
point;
i
THENCE % 45 49' 02" F: continuin,d
�utheast right -
of - way line of Holleman Drive for
�;.St teet to the
�I PUINT UN BEGINNING:
THENCE contrnuinq N 45 49' 02" E a:..
southeast right-
ot -way line of Ho t iuman Drive for a :
r 195.59 feet to a
point for c�)rner;
j� THENCE 5 44° 48' UU" E for a distan,•,•
150.00; feet to a point
for corner;
ThtNCE S 45 12' OU" W for a distance
Corner;
of 10.00 feet to a point for
k THENCE S 31 56' 26" E for a distance
of 653.21 feet to a
s
for corner;
point
THENCE S 550 25' 34" W for distance
a
for
of 305.22 feet to a point
corner, said corner also lyiny Ill
line
ttte northeast right - of - way
of Welch street;
! THENCE N 34° 34' 26" 1. along the said
of Welch
northeast right -ot -way line s,
street for a distance of 176.03 feet to the point of be-
ginning of a curve to the left;
THENCE around said curve to the left for an arc distance of 128.21
feet to a point on crtrve for corner (curve data: radius = 541.03
feet, the sub -chord bears N 41 21' 45" W for a distance of 127.91
feet)=
II THENCE N 45 02' 34" E. for a distar.c.• of 154.97 feet to the point
f of beginning of a curve to the rtyht;
THENCE around said curve to the right for an arc distance of 44.37;;
feet to a point for corner (curve slat radius= 530.0() feat, the
chord b N 46° 54' 71" E tar d distance of 44.36 feet):
f
THENCE N 37° 26' 54" W for a distance of 142.91 feet r the point:
11 of beginning of a curve to the left;
r
f
ij'THENCE around said curve to the left :-)r an are distance of 61.46'
teet to a point l ancf ut said cur:,, :curvy c:ata: radius =3' ,UI)
:v 1)r .
� iiii:Nt' •i" 7.' may' n
U: t E( ANN 7 v,
HAV,- 1VG :�. �D:.v'_ escr .: _...:.
�I all aM: n1G3u1aL C::u r' ;Ii:.. r :CeC3c
i 1Cd:,':2:.-
the re CO ... sny' -w i 'untC
WALKirc, r,er ceics inc corever. �•--
I corrrion, along with ALPnv,\Sy LJ ✓``:<_' _ :a n
1 !
ry t
:c c_
lOcatv.: tn� CRAWwoki)
iCxas,
i sale ,�ro,,�: c.e�n;, :• -
Or HO11Qmar- and Welsh StrevC :J1lC
saia prope-: ty is once -t,a_,
(I12) interest ;�t
tiGi.., n , 1R.
and one - s.xth (1 /0) eaer, `n ;AYFs
ALPHGNa:; :�:..:.. CHA6 AM :
t
DIVIN and LYNEL:. ANN DIVIN 4AL<r;R.
I
The parties ack. i0vriecge that grey cc tc wr.,
as
tenants in =
COrl1(rtOrr, 3 11 trI111Cta1 interests COfneCC @G vita the;
ertios
rop above artitioned. All ;-
. p parties 'agree t .at all minaral� A;
leases or at 2ega1 instruments irr tonnact:on with the mirreral�
r
I R
interests 4ill be cxecut;d by al. the par "
A : MES ALYNUNSE DIl IN �� ' ~�� _�j ••
MICHAtL ILLIAM DIVIN t
F
'' I
LYNB L ANN DIVIN WALKER,
Individually LYNELL,ANN DIVIN trALKER,� '
Independent Administratrix
of the Estate of Gladys
Holik Divin, r)ecea sed
THE STATE OF TEXAS I ;:
CpUC1NTY OF BRAZOS
PUQ�
t T / rhis instrument was a cnowleoger oefora me on tai
�
Ac.): ?< L WILLIAM
�y " %IfL A,)ril, 1985, by JAMES ALPHONSE DIV IN, MICHAE'
str_» �} " i:individually, and LYNELL AN .DJ -VIN WALKER, Indi vidual: f and
�'AP, tr � 6, ;jendcnc Administratrix of t e Estate of Glad +..
• : �asad. !s : olik %vin,.
Printed Name:
:n C •t n, ti..1
7 7� COmission L x
S 1 -_
i
5(