HomeMy WebLinkAbout14-42FOR OFFICE USE ~NLYQ.
CASENO. ~ ~ ,
CITY OF C Oi 1..EGE S'f1\T IO
Hnnu ofTtxoJ A&M Uniumity•
DATE SUBMLTTED: = l . 1q
TIME: 3. (D
STAFF; g
FINAL PLAT APPLICATION
(Check one) : ·I Minor
($700)
·Amending
($700)
~Final
($932)
. Vacating
($932)
: JReplat
($932)
Is this plat in the ETJ? O Yes f8J No Is this plat Commercial 0 or Residential [g]
MINIMUM SUBMITTAL REQUIREMENTS: M $700-$932 Final Plat Application Fee (see above).
D $233 Waiver Request to Subdivision Regulations Fee (if applicable) .
.J'f8] $600 (minimum) Development Permit Application I Public Infrastructure Review and Inspection Fee. Fee is
1 % of acceptable Engineer's Estimate for public infrastructure, $600 minimum (if fee is > $600, the balance is
L due prior to the issuance of any plans or development permit).
Vl?SJ Application completed in full. This application form provided by the City of College Station must be used and
may not be adjusted or altered. Please attach pages if additional information is provided. l Fourteen (14) folded copies of plat. (A signed mylar original must be submitted after approval.)
Two (2) copies of the grading, drainage, and erosion control plans with supporting drainage report.
Two (2) copies of the Public infrastructure plans and supporting documents (if applicable).
j] Copy of original deed restrictions/covenants for replats (if applicable). v'f8l Title report for property current within ninety (90) days or accompanied by a Nothing Further Certificate
current within ninety (90) days. The report must include applicable information such as ownership, liens,
/ encumbrances, etc. V!)9 Paid tax certificates from City of College Station, Brazos County and College Station LS.D.
ylgj The attached Final Plat checklist with all items checked off or a brief explanation as to why they are not.
NOTE: A mylar of the approved preliminary plan must be on file before a final plat application will be considered
complete. If the mylar is submitted with the final plat application, it shall be considered a submittal for the
preliminary plan project and processed and reviewed as such. Until the mylar has been confirmed by staff
to be correct, the final plat application will be considered incomplete.
Date of Optional Preapplication or Stormwater Management Conference
NAME OF PROJECT Creek Meadows -Section 2, Phase Two
ADDRESS
SPECIFIED LOCATION OF PROPOSED PLAT:
Creek Meadows Master Planned Subdivision
APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project):
Name RME Consulting Engineers E-mail rabon@rmengineer.com
Street Address PO Box 9253
~~~--~-~--~~-~--------------------~
City College Station Zip Code 77842 ------
Phone Number (979) 764-0704 Fax Number (979) 764-0704
--------~--~---~
1111 Page 1of9
PROPERTY OWNER'S INFORMATION (All owners must be identified. Please attach an additional sheet for multiple
owners):
Name Creek Meadow Partners, LP (c/o Randy Lowry) E-mail Chris@oldhamgoodwin.com
Street Address 2800 South Texas Avenue, Suite 401
City Bryan State TX Zip Code _7_78_0_2 ___ _
Phone Number (979) 268-2000 Fax Number (979) 846-7020
----------------~
ARCHITECT OR ENGINEER'S INFORMATION:
Name Same As Applicant E-mail
Street Address
City Zip Code
Phone Number Fax Number
Do any deed restrictions or covenants exist for this property? [8J Yes D No
Is there a temporary blanket easement on this property? If so, please provide the Volume 7863 and Page No. _0_7_2_
Total No. of Lots 37 Total Acreage 7.809 ----------------R-0-W Acreage 1. 704 -------
Existing Use Vacant
--------------~
Proposed Use Single-Family Residential
Number of Lots By Zoning District 37 PDD I
Average Acreage Of Each Residential Lot By Zoning District:·
0.165 I PDD I __ _
Floodplain Acreage _o_.o __________________________________ _
Is there Special Flood Hazard Area (Zone A or Zone AE on FEMA FIRM panels) on the property? Yes IZ No
This information is necessary to help staff identify the appropriate standards to review the application and will be used to
help determine if the application qualifies for vesting to a previous ordinance. Notwithstanding any assertion made,
vesting is limited to that which is provided in Chapter 245 of the Texas Local Government Code or other applicable law.
Is this application a continuation of a project that has received prior City platting approval(s) and you are requesting the
application be reviewed under previous ordinance as applicable?
IR Yes
No
If yes, provide information regarding the first approved application and any related subsequent appUcations (provide
additional sheets if necessary):
Project Name: Creek Meadows -Master Planned Subdivision
City Project Number (if known):
Date I Timeframe when submitted: October 2006
1/11 Page2of9
A statement addressing any differences between the Final Plat and Preliminary Plan (if applicable): Lot AppUcable
Requested waiver to subdivision reQulations and reason for same (if applicable):
Not Applicable
Regarding the waiver request, explain how:
1. There are special circumstances or conditions affecting the land involved such that strict application of the
subdivision regulations will deprive the applicant of the reasonable use of his land.
Not App/1cable
2. The waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant.
[' AppHcable
3. The granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other
property in the area, or to the City in administering subdivision regulations.
4. The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in
accordance with the provisions of the Unified Development Ordinance. [°' Appl•cab/e
Fee in lieu of sidewalk construction is being requested because of the following condition (if applicable):
1. . An alternative pedestrian way or multi-use path has been or will be provided outside the right-of-way;
2. _ The presence of unique or unusual topographic, vegetative, or other natural conditions exist so that strict
adherence to the sidewalk requirements of the UDO is not physically feasible or is not in keeping with the
purposes and goals of the UDO or the City's comprehensive Plan;
3. · A capital improvement project is imminent that will include construction of the required sidewalk. Imminent shall
mean the project is funded or projected to commence within twelve (12) months;
4. . Existing streets constructed to rural section that are not identified on the Thoroughfare Plan with an estate I
rural context;
5. When a sidewalk is required along a street where a multi-use path is shown on the Bicycle, Pedestrian, and
Greenways Master Plan;
1/11 Page 3 of 9
6. The proposed development is within an older residential subdivision meeting the criteria in Platting and
Replatting within Older Residential Subdivisions Section of the UDO: or
7. The proposed development contains frontage on a Freeway I Expressway as designated by Map 6.6,
Thoroughfare Plan -Functional Classification, in the City's Comprehensive Plan.
Detailed explanation of condition identified above:
'---------------------------------------·-----'
NOTE: A waiver to the sidewalk requirements and fee in lieu of sidewalk construction shall not be considered at the
same time by the Planning & Zoning Commission.
Requested Oversize ParticipationNot Applicable -------------------------------
Total Linear Footage of
Proposed Public:
1482 Streets
2204 Sidewalks
362 Sanitary Sewer Lines
1159 Water Lines
Channels
~Storm Sewers
Bike Lanes I Paths
Parkland Dedication due prior to filing the Final Plat:
ACREAGE:
___ No. of acres to be dedicated + $ ____ development fee
___ No. of acres in floodplain
___ No. of acres in detention
---No. of acres in greenways
OR
FEE IN LIEU OF LAND:
__ No. of SF Dwelling Units X $ = $ ---------
____ (date) Approved by Parks & Recreation Advisory Board
NOTE: DIGITAL COPY OF PLAT MUST BE SUBMITIED PRIOR TO FILING.
The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are
true, correct, and complete. IF THIS APPL/CAT/ON IS FILED BY ANYONE OTHER THAN THE OWNER OF THE
PROPERTY, this application must be accompanied by a power of attorney statement from the owner. If there is more
than one owner, all owners must sign the application or the power of attorney. If the owner is a company, the application
must be accompanied by proof of authority for the company's representative to sign the application on its behalf. LIEN
HOLDERS identified in the title report are also considered owners and the appropriate signatures must be provided as
described above.
Date
1/11 Page 4 of 9
CERTIFICATIONS REQUIRED FOR ALL DEVELOPMENT
Owner Certification:
1. No work of any kind may start until a permit is issued.
2. The permit may be revoked if any false statements are made herein.
3. If revoked, all work must cease until permit is re-issued.
4. Development shall not be used or occupied until a Certificate of Occupancy is issued.
5. The permit will expire if no significant work is progressing within 24 months of issuance.
6. Other permits may be required to fulfill local, state, and federal requirements. Owner will obtain or show
compliance with all necessary State and Federal Permits prior to construction including NOi and SWPPP.
7. If required. Elevation Certificates will be provided with elevations certified during construction (forms at slab pre-
pour) and post construction.
8. Owner hereby gives consent to City representatives to make reasonable inspections required to verify
compliance.
9. If, stormwater mitigation is required, including detention ponds proposed as part of this project, it shall be
designed and constructed first in the construction sequence of the project.
1 O. In accordance with Chapter 13 of the Code of Ordinances of the City of College Station, measures shall be taken
to insure that all debris from construction, erosion, and sedimentation shall not be deposited in city streets, or
existing drainage facilities. All development shall be in accordance with the plans and specifications submitted to
and approved by the City Engineer for the above named project. All of the applicable codes and ordinances of the
City of College Station shall apply.
11. The information and conclusions contained in the attached plans and supporting documents will comply with the
current requirements of the City of College Station, Texas City Code, Chapter 13 and associated BCS Unified
Design Guidelines Technical Specifications, and Standard Details. All development has been designed in
accordance with all applicable codes and ordinances of the City of College Station and State and Federal
Regulations.
12. Release of plans to (name or firm) is authorized for bidding purposes
only. I understand that final approval and release of plans and development for construction Is contingent on
contractor signature on approved Development Permit.
13. I, THE OWNER, AGREE TO AND CERTIFY THAT ALL STATEMENTS HEREIN, AND IN ATTACHMENTS FOR
THE DEVELOPMENT MIT APP ATION, ARE, TO THE BEST OF MY KNOWLEDGE, TRUE, AND
ACCURA ~-1-·1
I 7
Date
Engineer Certification:
1/11
1. The project has been designed to ensure that stormwater mitigation, including detention ponds, proposed as part
of the project will be constructed first in the construction sequence.
2. I will obtain or can show compliance with all necessary Local. State and Federal Permits prior to construction
including NOi and SWPPP. Design will not preclude compliance with TPDES: i.e., projects over 10 acres may
require a sedimentation basin.
3. The information and conclusions contained in the attached plans and supporting documents comply with the
current requirements of the City of College Station, Texas City Code, Chapter 13 and associated BCS Unified
Design Guidelines. All development has been designed in accordance with all applicable codes and ordinances
of the City of College Station and State and Federal Regulations.
4. I, THE ENGINEER, AGREE TO AND CERTIFY THAT ALL STATEMENTS HEREIN, AND IN ATTACHMENTS
FOR THE DEVELOPM NT PERMIT APPLICATION, ARE, TO THE BEST OF MY KNOWLEDGE, TRUE, AND
c
Engineer Date
Page 5 of9
The following CERTIFICATIONS apply to development in Special Flood Hazard Areas.
Required for Site Plans, Final Plats, Construction Plans, Fill / Grading Permits, and Clearing Only
Permits:*
A. I, Not Applicable certify, as demonstrated in the attached drainage study, that the
alterations or development covered by this permit, shall not:
(i) increase the Base Flood elevation;
(ii) create additional areas of Special Flood Hazard Area;
(iii) decrease the conveyance capacity to that part of the Special Flood Hazard Area that is not in the floodway
and where the velocity of flow in the Base Flood event is greater than one foot per second. This area can
also be approximated to be either areas within 100 feet of the boundary of the regulatory floodway or
areas where the depth of from the BFE to natural ground is 18 inches or greater;
(iv) reduce the Base Flood water storage volume to the part of the Special Flood Hazard Area that is beyond
the floodway and conveyance area where the velocity of flow in the Base Flood is equal to and less than
one foot per second without acceptable compensation as set forth in the City of College Station Code of
Ordinances, Chapter 13 concerning encroachment into the Special Flood Hazard Area; nor
(v) increase Base Flood velocities.
beyond those areas exempted by ordinance in Section 5.11.3a of Chapter 13 Code of Ordinances.
Engineer Date
Initial
D * If a platting-status exemption to this requirement is asserted, provide written justification under separate
letter in lieu of certification.
Required for Site Plans, Final Plats, Construction Plans, and Fiii /Grading Permits:
B. I, Not Applicable , certify to the following:
(i} that any nonresidential or multi-family structure on or proposed to be on this site as part of this application is
designed to prevent damage to the structure or its contents as a result of flooding from the 100-year storm.
Engineer Date
Additional certification for Floodway Encroachments:
C. I, Not Applicable , certify that the construction, improvement, or fill covered by this
permit shall not increase the base flood elevation. I will apply for a variance to the Zoning Board of Adjustments.
Engineer Date
1/11 Page 6 of 9
Required for all projects proposing structures in Special Flood Hazard Area (Elevation Certificate
required).
Residential Structures:
D. I, Not Applicable , certify that all new construction or any substantial improvement
of any residential structure shall have the lowest floor, including all utilities, ductwork and any basement, at an
elevation at least one foot above the Base Flood Elevation. Required Elevation Certificates will be provided with
elevations certified during construction (forms at slab pre-pour) and post construction.
Engineer I Surveyor Date
Commercial Structures:
E. I, Not Applicable , certify that all new construction or any substantial improvement
of any commercial, industrial, or other non-residential structure are designed to have the lowest floor, including all
utilities, ductwork and basements, elevated at least one foot above the Base Flood Elevation
Engineer I Surveyor Date
OR
I, Not Applicable , certify that the structure with its attendant utility, ductwork,
basement and sanitary facilities is designed to be flood-proofed so that the structure and utilities, ductwork,
basement and sanitary facilities are designed to be watertight and impermeable to the intrusion of water in all
areas below the Base Flood Elevation, and shall resist the structural loads and buoyancy effects from the
hydrostatic and hydrodynamic conditions.
Required Elevation Certificates will be provided with elevations certified during construction (forms at slab pre-
pour) and post construction.
Engineer I Surveyor Date
Conditions or comments as part of approval:
1/11 Page 7 of 9
' .
Existing
[R]
1/11
FINAL PLAT MINIMUM REQUIREMENTS
(ALL CITY ORDINANCES MUST BE MET)
INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
(Requirements based on field survey and marked by monuments and markers.)
[?$] Drawn on 24" x 36" sheet to scale of 100' per inch.
[?$] Vicinity map which includes enough of surrounding area to show general location of subject property in
relationship to College Station and its City Limits. No scale required but include north arrow.
[R] Title Block with the following information:
[?$] Name and address of subdivider, recorded owner, planner, engineer and surveyor.
[?$] Proposed name of subdivision. (Subdivision name & street names will be approved through Brazos
County 911.)
[R] Date of preparation.
[R] Engineer's scale in feet.
[?$] Total area intended to be developed.
[?$] North Arrow.
[8] Subdivision boundary indicated by heavy lines.
0 If more than 1 sheet, an index sheet showing entire subdivision at a scale of 500 feet per inch or
larger.
[8] All applicable certifications based on the type of final plat.
!8J Ownership and Dedication
[8J Surveyor and/or Engineer
[R] City Engineer (and City Planner, if a minor plat)
[R] Planning and Zoning Commission (delete if minor plat)
[R] Brazos County Clerk
O Brazos County Commissioners Court Approval (ET J Plats only)
0 If submitting a replat where there are existing improvements, submit a survey of the subject property
showing the improvements to ensure that no encroachments will be created.
0 If using private septic systems, add a general note on the plat that no private sewage facility may be
installed on any lot in this subdivision without the issuance of a license by the Brazos County
Health Unit under the provisions of the private facility regulations adopted by the Commissioner's
Court of Brazos County, pursuant to the provisions of Section 21.084 of the Texas Water Code.
IR! Location of the 100-Year Floodplain and floodway, if applicable, according to the most recent available
data.
[?$] Lot corner markers and survey monuments (by symbol) and clearly tied to basic survey data.
[R] Matches the approved preliminary plan or qualifies as minor amendments (UDO Section 3.3.E2).
!8J The location and description with accurate dimensions, bearings or deflection angles and radii, area, center
angle, degree of curvature, tangent distance and length of all curves for all of the
following: (Show existing items that are intersecting or contiguous with the boundary of or forming a
boundary with the subdivision, as well as, those within the subdivision).
Proposed
IR! Streets. Continuous or end in a cul-de-sac, stubbed out streets must end into a temp
turn around unless they are shorter than 100 feet.
Public and private R.O.W. locations and widths. (All existing and proposed R.0.W.'s
sufficient to meet Thoroughfare Plan.)
Street offsets and/or intersection angles meet ordinance.
Page 8 of9
> l
Existing
0
(g]
(g]
D
Proposed
0
(g]
(g]
D
Alleys.
Easements.
A number or letter to identify each lot or site and each block (numbered sequentially).
Parkland dedication/greenbelt area/park linkages. All proposed dedications must be
reviewed by the Parks and Recreation Advisory Board and documentation of their
recommendation provided prior to being scheduled for P&Z Commission consideration.
[8J Construction documents for all public infrastructure drawn on 24" x 36" sheets and properly
sealed by a Licensed Texas Professional Engineer that include the following:
[gj Street, alley and sidewalk plans, profiles and sections. One sheet must show the overall
street, alley and/or sidewalk layout of the subdivision. (may be combined with other
utilities).
Sewer Design Report.
Sanitary sewer plan and profile showing depth and grades. One sheet must show the
overall sewer layout of the subdivision. (Utilities of sufficient size/depth to meet the utility
master plan and any future growth areas.)
Water Design Report and/or Fire Flow Report.
Water line plan showing fire hydrants, valves, etc. with plan and profile lines showing
depth and grades. One sheet must show the overall water layout of the subdivision.
(Utilities of sufficient size/depth to meet the utility master plan and any future growth
areas.)
Storm drainage system plan with contours, street profile, inlets, storm sewer and
drainage channels, with profiles and sections. Drainage and runoff areas, and runoff
based on 5, 10, 25, 50 and 100 year rain intensity. Detailed drainage structure design,
channel lining design & detention if used. One sheet must show the overall drainage
layout of the subdivision.
[gj Detailed cost estimates for all public infrastructure listed above sealed by Texas P.E.
O Letter of completion for public infrastructure or guarantee I surety in accordance with UDO
Section 8.6.
[8J Drainage Report with a Technical Design Summary.
[8J Erosion Control Plan (must be included in construction plans).
0 All off-site easements necessary for infrastructure construction must be shown on the final plat with a
volume and page listed to indicate where the separate instrument easements were filed.
Separate instrument easements must be provided in recordable form to the City prior to being scheduled
for P&Z Commission consideration.
(8J Are there impact fees associated with this development? D Yes !:8J No
Impact fees must be paid prior to building permit.
(8J Will any construction occur in TxDOT rights-of-way? D Yes [gj No
If yes, TxDOT permit must be submitted along with the construction documents.
NOTE: 1. We will be requesting the corrected Final Plat to be submitted in digital form if available prior to filing
1111
the plat at the Courthouse.
2. If the construction area is greater than 5 acres, EPA Notice of Intent (NOi) must be submitted prior to
issuance of a development pennit.
Page 9 or 9
TAX CERTIFICATE I Certificate # I
40560
Issued By:
KRISTEEN ROE, CTA PH# (979) 361-4470
BRAZOS COUNTY TAX ASSESSOR COLLECTOR
300 E. WM. J BRYAN PKWY
BRYAN , TX 77803
Owner ID: 244042 100.00%
CREEK MEADOWS PARTNERS LP
15109B SILVER SPRINGS CT
COLLEGE STATION, TX 77845-7334
Property Information
Property ID: 364131 Geo ID: 001301 -0064-0083
Legal Acres: 7.8240
Legal Desc: A001301, SAMUEL DAVIDSON (ICL), TRACT 64.83,
7.824ACRES
Situs: CREEK MEADOW BLVD N ,
OBA:
Exem tions:
For Entities
BRAZOS COUNTY
CITY OF COLL. STAT.
COLLEGE STATION ISO
Value Information
Improvement HS: 0
0
0
Improvement NHS:
Land HS:
Land NHS :
Productivity Market:
Productivity Use:
Assessed Value
148 ,660
0
0
148,660
Current/Delinquent Taxes
This is to certify that, after a careful check of the tax records of this office, the following delinquent taxes, penalties, interes
and any known costs and expenses as provided by Tax Code §33.48, are due on the described property for the following
taxing unit(s):
Year Entity
Totals:
Effective Date: 09/17/2014
Tax Certificate Issued for:
CITY OF COLL. STAT.
BRAZOS COUNTY
COLLEGE STATION ISO
Taxable
Taxes Paid in 2013
633.23
724.71
1,962.31
Tax Due
0.00
Disc./P&I
0.00
Attorney Fee
0.00
Total Due if paid by: 09/30/2014
· · ued on real This certificate is iss .
l It does not include estate on Y· 1 'rtv minerals and/or persona prorc ..
Total Due
0.00
0.00
If applicable, the above-described property has/is receiving special appraisal based on its use, and additional rollback taxes may become
due based on the provisions of the special appraisal (Comptroller Rule 9.3040) or property omitted from the appraisal roll as described
under Tax Code Section 25.21 is not included in this certificate [Tax Code Section 31.0S(b)].
Pursuant to Tax Code Section 31.08, if a person transfers property accompanied by a tax certificate that erroneously indicates that no
delinquent taxes, penalties or interest are due a taxing unit on the property or that fails to include property because of its omission from an
appraisal roll, the unit's tax lien on the property is extinguished and the purchaser of the property is absolved of liability to the unit for
delinquent taxes, penalties or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the
ear the tax was im osed or the ro e was omitted remains ersonall liable for the tax and for an enalties or interest.
A tax certificate issued through fraud or collusion is void.
This certificate does not clear abuse of granted exemptions as defined in Section 11.43 Paragraph(1) of the Texas Property Tax Code.
Date of Issue:
Requested By:
Fee Amount:
Reference #:
Signature of Authorized Officer of Collecting Office
09/17/2014
OLDHAM GOODWIN GROUP
10.00
Page: 1OF1
TrueAIAomalion.lne.
FEE RECEIPT ~~~~~~~~~~~~ 2/18/2014 4:15:49PM
Tax Office
KRISTEEN ROE, CTA PH# (979) 361-4470
BRAZOS COUNTY TAX ASSESSOR COLLECTOR
300 E. \Mi/i . J BRYAN PKWY
BRYAN, TX 77803
Payer Name and Address
RME CONSUL TING ENGINEERS
METCALF RABON
PO BOX 9353
COLLEGE STATION, TX 77842
Fee ID
40463 Tax Certificate
Operator Batch ID
lklintworth 10951
Tender Type
Check
Fee Description
Batch Description
02182014LDK
Details
1715C
Receipt Number I 2404891
Fee Date Year Amount Due Amount Paid
2/18/2014 2014 10.00 10.00
Date Paid Payment Type Total Paid
2/18/2014 p 10.00
Description Amount
10.00
Receipt Issued in Accordance with Section 31 .075 of the Texas Property Tax Code
True Automation Inc.
-•
\
AGREEMENT OF LIMITED PARTNERSHIP
OF
CREEK MEADOWS P ARTNE::lS, L.P.
fl THIS AGREEMENT OF LIMITED PARTNERSHIP is made and entered into on
~eeM/ru.a A, . 2005. It is between BAKER & CARNES MANAGEMENT,
L.L.C., a Texas limited liability company, referred to in thiE agreement as the "General Partner",
RADR DEVELOPMENT, LTD, a Texas limited partnersbp, Limited Partner and BAKER &
CARNES INVESTMENTS, L.L.C., Limited Partner, together with any additional or substituted
limited partners admitted to the Pmtnership in accordance with the terms of this agreement, all of
whom are referred to in this agreement as "Limited Partners."
ARTICLE I
DEFINITIONS
The following terms have 1:he following meanings when used in this agreement:
"Act" means the Texas Revised Limited Partnership Act.
"Affiliate" means any persJn or entity that controls or is controlled by the General Partner,
or is controlled by the same perso~. or entity that controls the General Partner. In this definition, the
term "control" includes the ownership of more than 50 percent of the beneficial interest in the person
or entity.
"Agreement" or "partnership agreement" means this agreement of limited partnership,
including any amendments that m:i.y be made.
''Bankruptcy" means, as to any Partner, the Partner's ti.king, or acquiescing in the taking, of
any action seeking relief under, or advantage of: any applicable debtor relief, liquidation,
receivership, conservatorship, bankruptcy, moratorium, rearrangement, insolvency, reorganization
or similar law affecting the rights or remedies of creditors generally, as in effect from time to time.
For the purpose of this definition, the term "acquiescing" ~.hall include, without limitation, the
failure to file, within 10 days after its entry, a petition, answer, or motion to vacate or to discharge
any order, judgment, or decree pr:>Viding for any relief under any such law.
"Capital contribution( s )" neans the contribution( s) made to the capital of the Partnership
from time to time by a Partner in c:ash or property.
"Certificate" means the ceitificate of limited partnership to be filed by the General Partner
with the Secretary of State of Texas in accordance with this agreement.
"Code" means the Internal Revenue Code of 1986, as amended and in effect from time to
time.
"Contribution Loan" shall mean the ~flJ)..oJ loan from RADR Development, Ltd. to
Baker & Carnes Management, L.L.C. to fund ir(part the capital contribution of Baker & Carnes
Management, L.L.C. as limited partner.
"Involuntary Transfer Event" shall mean a Partner bmkruptcy, a Partner's dissolution or
death, the termination of a Partne:~'s marital relationship, or any other event causing a Partner to
Agreement of Limited Partnersh ip Page l
of 25
involuntary dispose of his interest in the Partnership.
"Partnership" shall mean CREEK :MEADOWS P AR1NERS, L.P. a Texas limited
partnership.
''Percentage interest" meani; the interest of a Partner in the capital and profits and losses of
the partnership as initially set forth in Section 10.2 of this agreement.
''Person" means an indh idual or a corporation, partnership, trust, unincorporated
organization, association, or other entity. "His" or "he" shall also mean and refer, as appropriate, to
the feminine and neuter pronouns.
"Required Interest" means :me or more of the Limited Partners having among them more
than 70% of the Percentage Interest of all Limited Partners in their capacity as such.
"Transfer" means the mortgage, pledge, hypothecatio:1, transfer, sale, assignment, or other
disposition of any part or all of an :interest in the Partnership by any Partner, whether voluntarily, by
operation of law or otherwise.
Formation
ARTICLE II
GENERAL
2.01. By this agreement, the General Partner and the Limited Partners form and establish the
Partnership pursuant to the Act. Prior to ~nducting any business in any jurisdiction, the General
Partner shall promptly file the Certificate as required by the Act and comply with all other legal
requirements for the formation and :>peration of the Partnership. Except as expressly provided in this
agreement, the Act shall govern th•:: rights and liabilities of the Partners.
Name
2.02. The name of the Pannership shall be CREEK MEADOWS PAR1NERS, L.P. The
General Partner may change the name of the Partnership or adopt such trade or fictitious names as
it may determine appropriate.
Investment
2.03. Each of the Limited P.utners represents that it is a::quiring an interest in the Partnership
for investment for its own account, and not with a view to any sale or distribution of that interest.
Merger or Conversion
2.04. The Partnership may merge with or convert into another limited partnership or other
business entity, or enter into an agreement to do so, only with the consent of the General Partner and
a Required Interest of Limited Parners.
ARTICLE ill
COMMENCE:VfENf DATE; TERM OF P AR1NERSHIP
The Partnership shall commence and be effective on th~ date the Certificate is filed with the
Agr eement: of Limi t:ed Part:nersh:[p Page 2
of 2 5
-·
ARTICLE IV
PURPOSES
The purposes of the Partnenhip shall be the purchase, development, sale, service, lease and
management of real properties desc1ibed generally as a 266.86:2 acre, more or less, tract on Green's
Prairie Trail in Brazos County, Texas, also !mown as the Vance/Goss Tract ("The Property"), and
to engage in any or all other lawful acts.
ARTICLEV
GENERAL PARTNER AND PLACE CF BUSINESS
The General Partner of the Partnership is BAKER & CARNES MANAGEMENT, L.L.C.,
with offices at 230 Southwest Parkway, College Station, Tex~ 77840. The address of the General
Partner is the principal place of business of the Partnership. The General Partner may maintain other
offices for the Partnership as it may determine to be necessary •)r advisable from time to time. Any
requests for information concerning the Partnership shall be directed to the General Partner at the
principal place of business of the Partnership.
Cully Lipsey shall serve as the registered agent of the Partnership. The address of the
registered agent of the Partnership shall be 1021 University Drive E., Suite #102, College Station,
Texas 77840. The address and the nane of the registered agent of the Partnership may be changed as
the General Partner may designate by written notice to the Limited Partners and by filing an amended
Certificate with the Secretary of State.
. General Partner's Contribution
ARTICLE VI
CAPITAL CONTRIBUTIONS
6.01. At the time of execution of this Agreement, the General Partner contributed the amounts
and property shown on Exhibit A, att1ched hereto and made a pc.rt hereof
Limited Partrier's Contributions
6.02. At the time of execution ofthis Agreement, the Lirni1ed Partners contributed the amounts
and property shown on Exhibit A, attached hereto and made a part hereof The initial Limited Partners
will have the Percentage Interests in the Partnership set forth in paragraph 10.02 of this agreement. In
addition, Baker & Carnes Investments, L.L.C. shall cause its rights under a purchase and sale
agreement with Betty V. Goss, B.F. V.mce, Jr., and William R. Vance for the purchase of the Property
to be assigned to the Partnership.
The amount shown in Exhibit A reflects the amount of cash to be contributed, or the agreed
value of a contribution in a form other than cash.
Limited Liability for Limited Partners
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6.03. The liability of the Limited Partners to the Partner~hip is limited to the amount of their
respective capital contributions. Accordingly, the contributions called for in paragraph 6.02 are the
only property the Limited Partners are required to furnish to the Partnership, whether by way of
contribution, loan, or otherwise. However, the Limited Partners are entitled to a return of their
respective capital contribution(s) only as provided in this partnership agreement.
Assessment of Additional Contributions
6.04. In addition to the con:ributions described in pa~agraph 6.02, the Partners may be
required to make additional capital contributions. The Partnership may assess additional contributions
for expenses of the Partnership, including without limitation, paynent of ad valorem taxes and interest
on the purchase money loan for the Property, professional fees, ordinary expenses of conducting the
business ofthe·partnership, and reasonable and necessary overhead costs, by election of the General
Partner. If such additional contributior.s are duly assessed, and if one or more Partners is in default on
an obligation to make such a contribution for a period of 30 dc:.ys or more, the General Partner or
Partners may assess each non-defaulti:1g Partner to compensate for the deficiency. Each Partner shall
be required to contribute the amount of the aggregate assessment multiplied by its then current
percentage of interest in the Partnership.
6.05. In the event a Partner fail:; to make the required contJibution hereunder on a timely basis,
such Partner shall be deemed a Delinquent Partner and the General Partner may exercise any one or
more of the following rights or remedies:
(i) Take such action (including, without limitation, the filing of a lawsuit) as the
General Partner deems appropriate to obtain payment by the Delinquent Partner of that portion
of the additional capital which is in default, together Vii.th interest thereon at the Default
Interest Rate from the date that such contribution was clue, at the cost and expense of the
Delinquent Partner;
(ii) Permit lhe non-Delinquent Partners to advance pro rata (or in such other
percentages ~ they may agree) that portion of the additional Capital
Contribution tl:.at is in default, with the foJowing result:
(A) the sums thus advanced shill be deemed to be loans from the
non-Delinquent Partners making such payments ("Lending Partners")
to the Delinquent Partner and a contribution of such sum to the
Partner.;hip by the Delinquent Partner pursuant to this Agreement,
(B) the principal balance of s·1ch loans and all accrued unpaid
interest thereon shall be due and payable in whole within 10 days after
written demand therefor has been siven to the Delinquent Partner by
the Lending Partners,
Agreement of Limited Partnership Page 4
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(C) the loans shall bear interes·: at the lesser of (i)eighteen percent
(18%) per annum and (ii) the maximum rate permitted by applicable
law (the ''Default Interest Rate") from the date that the loan was made
until the date that such loan, together with all interest accrued thereon,·
is repaid to the Lending Partners,
(D) all distributions from the Partnership that would otherwise be
made to the Delinquent Partner (w:1ether before or after dissolution of
the Partnership) shall, instead, be p.:iid to the Lending Partners until the
loans and all interest accrued thereon have been repaid in full to the
Lending Partners (with all suchpa)ments being applied first to interest
earned md unpaid and then to principal), and
(E) 1he repayment of the loans rnd all interest accrued thereon shall
be seemed by a security interest in ·:he Delinquent Partner's Interest, as
more fully set forth in Section 2 .1 ·: c) below;
(iii) Permit the non-Delinquent Partners to make additional Capital
Contributions to the Partnership prorata (er in such other percentages as they
may agree), of that portion of the additional Capital Contribution of the
Delinquent Partner that is in default with the result that the Percentage Interests
shall be adjuste-d in proportion to the agg~egate Capital Contributions of all
Partners after such additional Capital Contributions have been made;
(iv) Exercise the rights of a secured pa.Jty under the Uniform Commercial
Code as in effect in the State of Texas;
(v) Exercise any other rights and remedies available at law or in equity; or
(vi) Abandon the proposed activities, ::eturn all payments tendered with
respect to such additional Capital Contribution and sell or otherwise dispose of
or act with respect to the activity or investment for which the additional Capital
Contribution was called.
6.06. Each Partner grants to the Partnership, and to each I.ending Partner with respect to any
loans made by the Lending Partner to that Partner as a Delinquent Partner pursuant to paragraph 6.05
above, as security, equally and ratably, for the payment of all Capital Contributions that Partner bas
agreed to make and the payment of all loans and interest accrued on them made by Lending Partners
to that Partner as a Delinquent Partner pursuant to paragraph 6.05, a security interest in and a general
lien on its Interest and the proceeds thereof, all under the Uniform Commercial Code of the State of
Texas. On any default in the paymem of a Capital Contribution or in the payment of such a loan or
interest accrued on it, the Partnership or the Lending Partner, as ai:plicable, is entitled to all the rights
and remedies of a secured party under the Uniform Commercia. Code of the State of Texas with
Agreement of Linii ted Partnership Page 5 of
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respect to the security interest granted in this paragraph 6.06. Each Partner shall execute and deliver
to the Partnership and the other Partners all :financing statements and other instruments that the General
Partner or the Lending Partner, as applicable, may request to efiectuate and carry out the preceding
provisions of this paragraph 6.06. At the option of the Genera. Partner or a Lending Partner, this
Agreement or a carbon, photographic, or other copy hereof may serve as a financing statement.
Interest of Each Partner
ARTICLE VII
PROFITS AND LOSSES
7.01. The amount of net profits an~ net losses of the Pannership to be allocated to and to be
charged against each Partner will be d1!termined by multiplying the amount of net profits or net losses
by the Partner's then current percentage of interest in the Partnership.
Definition of Profits and Losses
7.02. For purposes of paragraph 7.01, the term "profits," means income or gain of any kind
actually received or deemed to be received by the Partnership according to generally accepted
accounting procedures. The term "losses, "means any deducticn, expenditure, or charge actually
incurred or deemed to be incurred b/ the Partnership according to generally accepted accounting
procedures.
Establishment of Capital Accounts
7.03. Separate capital accow1ts shall be established and maintained for each Partner in
accordance with Section 1. 704-1 (b )(2)(iv) of the Treasury Regulations, as amended from time to time.
Credits and Debits
7.04. All Capital Contributioru; of a Partner, its allocable share of Partnership income and loss,
and cash or property distributions made to such Partner shall be credited or charged to such Partner's
individual capital account as the ca:;e may be. To the extent an allocation or adjustment is not
specifically described by this provisicn of the agreement, that item shall be reflected in the Partners'
capital accounts in accordance with Section l.704-l(b)(2)(iv) ofth1! Treasury Regulations, as amended
from time to time.
The capital accounts of limitei partners shall not bear interest.
Accounting For Partner's Loans
7.05. Loans made by a Partner to the Partnership shall not be considered capital contributions.
Return of Capital
7. 06. No Partner has the right 1o demand the return of its capital contribution other than in cash
and except as provided in this agreement.
Agreement of Limited Partnership Page 6 of
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Liquidation
7.07. When the Partnership i> liquidated, each Partner with a deficit in its capital account
(whether by virtue of failure to make an initial contribution, loans, distribution, or any other reason)
will be obligated to contribute to the capital of the Partnership an amount of cash equal to the deficit
in the capital account balance. The cash must be paid within 90 clays after the date of the liquidation,
and the amounts so contributed may be paid to the creditors of-:he Partnership or distributed to the
other Partners in the ratio of the then positive balances in their respective capital accounts.
Partition
7.08. All interests in the property owned by the Partner!ihip shall be deemed owned by the
Partnership as an entity. Partner, individually, shall have any ownership of such property or interest
except as a Partner in the Partnership. Each of the Partners irrevo1;ably waives, during the term of the
Partnership and during any period of its liquidation following any dissolution, any right that it may
have to maintain any action for partit.on with respect to any of the assets of the Partnership.
Distribµtions to Partners
7.09. (a) The General Partner does not guarantee the return of the Limited Partners'
contributions or the making of a pro:Jt from the operations of the Partnership, except as provided
below.
(b) Subject to paragraph 8.03, the General Partner may return capital contributions or
distribute net profits to the Partners without regard to the current profits or losses of the Partnership
from operations. These distributions shall be calculated in the same manner that profits and losses are
calculated, as descnoed above.
, However, the General Partner may never make any distributiorn; that will impair the ability of the
, Partnership to pay its just debts as they mature. Furthermore, the General Partner may never make any
distribution that would violate limitations set forth in Section 6.0'T(a) Article 6132a-l of the Revised
Civil Statutes of Texas.
{c) A Partner who receives a distribution in violation of this Agreement shall be
personally liable to return that distribution, regardless of whether the Partner lmew that distribution
was prohibited.
Role of General Partner
ARTICLE VIII
CONIROL AND MANAGEME1'1T
8.01. (a) The General Partner bas full, exclusive, and complete discretion in the management
and control of the Partnership for any the purposes set forth in Article IV of this agreement, unless
specifically stated otherwise in this agreement.
(b) The General Partner agrees to conduct the operations contemplated under this agreement
Agreement of Limited Partnership Page 7 of
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in a careful and prudent manner, and :n accordance with good mdustry practice.
(c) The General Partner (or an.y successor to the General Partner) agrees to serve as general
partner of the Partnership until the Parmership is terminated withc·ut reconstitution as provided below.
General Partner's Authority
8.02. Subject to any limitatior.s expressly set forth in thi:; agreement, the General Partner is
expressly authorized to perform any cf the following acts on bel:.alf of the Partnership:
(a) Any and all acts necessaiy or appropriate to the acquisition and management of the
Partnership and interests in the Partnership.
(b) Maintenance of all necessary Partnership books and r~cords.
( c) Commencement of litigation or defense of litigation, including settlement of any litigation,
involving the Partnership.
( d) Establishment of bank accounts in which all Partnership funds shall be deposited and from
which payments shall be made.
(e) Procuring and maintaining insurance with responsible companies as may be available in
such amounts and covering such risks as are deemed appropriate by the General Partner.
(f) Taking and holding all real, personal, and mixed prop·~rty of the Partnership in the name
of the Partnership.
(g) Executing and delivering, on behalf of and in the m.me of the Partnership, contracts,
agreements, and other documents.
(h) Coordinating all accounting and clerical functions of the Partnership and employing
'accountants, lawyers, engineers and other management or service personnel as may from time to time
be required to carry on the business of the Partnership.
(i) Filing tax returns and making elections on behalf of the Partnership as provided under the
Code.
Limitations
8.03. Notwithstanding the generality of the General Partn~r's authority, the General Partner
is not empowered, without the conseni: of a Required Interest of limited Partners, to:
(a) Do any act in contraventior. of this Partnership Agreement.
(b) Do any act that would m:i.ke it impossible to carry out the ordinary business of the
Partnership, except as specifically pennitted by the terms of this agreement.
(c) Confess a judgment against the Partnership.
( d) Possess Partnership propert:r or assign any rights in specific Partnership property for other
Agreement of Limited Partnership Page 8 of
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than a Partnership purpose.
( e) Require any Partner to make any contribution to the capital of the Partnership not provided
for in this agreement.
(f) Amend this partnership agreement
(g) So long as the Contribution Loan remains unpaid, sell, lease for a period to exceed one (1)
calendar year, exchange, mortgage, encumber or otherwise dispose of the Property or any portion
thereof or enter into or make any one or series of contracts, agreements, or other undertakings having
an aggregate value exceeding $50,001) without the consent ofLinited Partners holding not less than
a Required Interest;
(h) Sell, pledge, mortgage, encumber, or otherwise transfer or dispose of all or substantially
all of the Partnership assets without fie unanimous consent of al of the Limited Partners;
(i) Cause or pennit the Partnership to merge into or consolidate with any other entity without
the unanimous consent of all of the Limited Partners;
(j) Make any calls for additional Capital Contributiom. from the Limited Partners of the
Partnership without the unanimous consent of all of the Limited Partners;
(k) Cause or permit the Partnership to make distributions of cash or assets of the Partnership
to its Partners without the unanimou:; consent of all of the Limi·:ed Partners; and
(1) Enter into any contract with General Partner or any Affiliate of General Partner without the
unanimous consent of all of the Limited Partners; and
(m) Cause or pennit the Partnership to change its purpm;e.
· Other and Competing Activities
8.04. Any Partner may engage in or possess an interest in other business ventures of any nature
or description, independently or with others, similar to, or competitive with the business conducted
by the Partnerlihip. Neither the Partnership nor any Partner shall have any rights in or to such
independent ventures or the income or profits derived from these other activities.
Liability of General Partner
8.05. The General Partner is not liable, responsible, or accountable in damages or otherwise
to the Limited Partners or the Partnen;hip for any act performed by the General Partner in good faith
and within the scope ofthis Agreement. The General Partner is lic.ble to the Limited Partners only for
conduct that involves gross negligence, bad faith, or fraud.
Indemnification of General Partner
8.06. The Partnership shall indemnify and hold harmless i:he General Partner and its officers,
directors, agents, and representatives from and against any loss, damage, liability, cost or expense
Agreement of Limi t:ed Partnership · Page 9 of
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(including reasonable attorneys' fees) arising out of any act or failure to act by the General Partner,
specifically including its sole, partial, •Jr concurrent negligence, to the greatest extent permitted under
the Act.
Contracts with Affiliates
8.07. Notwithstanding anything in this agreement to the contrary, it is understood and agreed
that the Partnership may employ any Partner and any person a:Jiliated with any Partner to render
services on behalf of the Partnership and may compensate the person rendering the services on
customary terms and at competitive ra1es. Neither the Partnership :J.or the other Partners shall have any
rights in or to any profits derived from any fees paid by the Partnership for such services.
Tax Matters Partner
8.08. The General Partner is authorized and required to rei:resent the Partnership in connection
with all examinations of the Partn.ershi:? affairs by tax authorities, including administrative and judicial
proceedings, and to expend Partn.ersh.p funds for professional services and costs in connection with
such examinations. The General Partner is be the "Tax Matters Partner" for federal tax purposes and
has authority, in its sole and absolute discretion, to represent the Partnership and the Partners in this
regard. The Limited Partners agree to cooperate and to do or ref~ain from doing any and all things
reasonably required by the Tax Matters Partner to conduct these sorts of proceedings.
ARTICLE IX
RIGHTS AND OBLIGATIONS OF LIMITED PARTNERS
Limited Liability
. 9.01. The Limited Partners have no personal liability wha:soever, whether to the Partnership,
the General Partner, or any creditor of the Partnership, for any of the debts or losses of the Partnership
beyond their respective Capital Contributions to the Partnership.
Return of Distributions
9.02. To the extent that the Partnership's liabilities to its :reditors are not diScharged by the
Partnership or by the General Partner, the Limited Partners will 1: e liable to return to the Partnership
the proportionate amount of any distr:.bution made to the Limited Partners to the extent required by
the Act.
No Management Rights
9.03. The Limited Partners may not take part in the manag·~ment of the Partnership or transact
any business for or on behalf of the Partnership. All management responsibility is vested in the
General Partner, subject to the approval of the Limited Partners in those specific instances described
in this agreement.
Agreement of Linli ted Partnership Page .IO of
25
No Authority to Bind Partnership
9.04. The Limited Partners have no power or authority tc sign for or to bind the Partnership.
All authority to act on behalf of the P mnership is vested in the General Partner.
Rights Specified in the Act
9.05. A Limited Partner shall .Je entitled to all rights of limited partners contained in the
Act to the extent that those rights have not been superseded, or nay not lawfully be superseded, by
the provisions of this agreement.
ARTICLEX
PERCENTAGE INTERESTS; ALLOCATION~> AND DISTRIBUTIONS
Accounting Principles
10.01. The net income and net loss of the Partnership (and each item of income, gain, loss,
deduction, or credit entering into the c.omputation of net income and net loss) shall be determined on
an annual basis in accordance with the accounting methods followed by the Partnership for federal
income tax purposes and otherwise in accordance with generally accepted accounting principles and
procedures.
Percentage Interests.
10.02. (a) The phrase "percer.tage interest" of each Part1er means that particular Partner's
' interest in the capital, net income, net loss, and distributions of the Partnership as set forth in this
paragraph of this agreement.
(b) The initial Percentage Interest of each Partner shall be as set forth below:
Type of Partner Patner Name Percentage Interest
General Partner B.!\KER & CARNES 1 %
MANAGEMENT, L.L.C.
Limited Partner Rt\DR DEVELOPMENT, LTD. 33.333%
Limited Partner BAKER & CARNES 65.667%
INVESTMENTS, L.L.C.
( c) The percentage interest of 1!ach Partner may be adjusted from time to time by the methods
and for the reasons described elsewhere in this Agreement.
Agreement: of Limited Partnership Page .ll of
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Allocations
10.03. All net income, net loss::s, and credits and items of gain or loss of the Partnership shall
be allocated to each Partner in accord:mce with each Partner's percentage interest
Distributions
10.04. All cash flow available for distribution to the Partners, subject to the establishment of
reserves in the General Partner's reru;onable determination, shall be distributed to the Partners in
accordance with their respective percentage interests.
Compliance with Treasury Regulations
10.05. It is intended that the allocation and distribution provisions set forth in this Article X
apply in a manner consistent with tl:.e provisions of Sections '704 and 706 of the Code, and the
Treasury Regulations promulgated for those Sections. The GeLeral Partner shall have reasonable
discretion to apply the allocation and cistribution ·provisions set brth in this Article X in any manner
consistent with Sections 704 and 706 of the Code and the Treasury Regulations.
ARTICLE XI
LOANS TOP ARTNERSHIP
Pursuant to a written agreement approved by the General Partner, any Partner may lend funds
to the Partnership for Partnership business. The amount of any loan or advance by the Partner shall
bear interest at any rate mutually agre1::able between the Partner and the General Partner, provided it
is equal to or less than the maximum i:ermissible interest rate allowable under applicable usury laws.
Loans made under this provision of thi:; agreement shall be deemed an obligation of indebtedness from
the Partnership to the Partner, payable: prior to any distributions 10 the Partners.
ARTICLE XII
TRANSFERS OF PARTNERSHIP INTERESTS
Restriction on.Transfers by Limited Partners
12.01. The Partners may not transfer any or all of their respective interest in the Partnership
except as expressly provided for herein. Notwithstanding the foregoing, a Limited Partner may transfer
all or any part of its interest in the Partnership to an Affiliate of such Limited Partner without
complying with paragraph 12.05 hereof
Transfer Requirements
12.02. No permitted assignee er transferee of all or part of the interest of the Limited Partners
in the Partnership shall have the right to become a substitute limitei partner unless all of the following
occur:
(a) The transfening Limited Partner has stated the intentior. that the assignee become a limited
partner in his or her own right in the instrument of assignment.
Agreement of Limited Partnership Page 12 of
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(b) Tue assignee has executed an instrument reasonably satisfactory to the General Partner,
accepting and adopting the terms and provisions of this agreement.
(c) The assignor or assignee pays any reasonable expens~s in connection with the admission
of the assignee as a Limited Partner.
( d) The General Partner consents to the assignee becoming a substitute limited partner. The
General Partner may withhold its consent, even arbitrarily, in th•! sole and absolute discretion of the
General Partner.
General Partner as Limited Partner
12.03 . If the General Partner should acquire an interest as a Limited Partner, the General
Partner shall, with respect to such inte::est, enjoy all the rights and be subject to all the obligations and
duties of a Limited Partner to the extent of such interest.
Transfer by General Partner
12.04. The General Partner may not transfer any or all of its interest in the Partnership without
the prior written consent of a Required Interest of Limited Partners. If a transfer is approved, the
transferee assumes all of the obligations of the General Partner and the General Partner shall be
relieved of all further obligations and responsibilities. If a trans.fer of the General Partner's interest
is approved, the transfer will not cam.e the dissolution of the Pa:itnership, which may continue with
the transferee as the General Partner the same as if the transferee :1ad been the initial General Partner.
The restrictions on the transfer of the General Partner's interest in the partnership do not apply
to a transfer by the General Partner tc an Affiliate of the General Partner.
Transfer by Limited Partner
12.05. Each Limited Partner may transfer all or any portion of its Interest in the Partnership
provided the conditions set forth in paragraph 12.06 are satisfied. The General Partner may transfer
all or any portion of its Interest in the .Partnership as a General Paitner to an Affiliate or to any Person
who is approv¢ by the Limited Partners, provided the conditions set forth in paragraph 12.06 are
satisfied. Any Transfer not satisfying the foregoing provisions shall be null and void. If the
Partnership is required to recognize a Tra:JJsfer that does not satisf:r the foregoing provisions (or, if the
Partnership, in its sole discretion, elects to recognize a Tra:JJsfer t:lat is not so permitted), the Interest
transferred shall be strictly limited to the tra:JJSferor's rights to allocations a:JJd distributions as provided
in this Agreement with respect to the Transferred Interest, but the t:ansferee thereof shall not otherwise
be a Partner or admitted as a Partner :n the Partnership.
12.06. ATransfer shall not be effective uitless and until th·'! following conditions are satisfied:
(a) The transferor and transferee shall execute and deliver to the Partnership such
documents and instruments of conveyance as may be necessary or appropriate in the opinion of
counsel to the Partnership to effect su;h Transfer and to confirm be agreement of the transferee to be
'Agreement of Limited Partnership Page 13 of
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bound by the provisions of this Article XII. In all cases, the Partnership shall be reimbursed by the
transferor or transferee for all costs and expenses that it reasona·,1y incurs in connection with such
Transfer. Such documents furnished to the Partnership and the Gmeral Partner, unless waived by the
General Partner, shall include the following:
(i) A confumation that the Transfer will not cause the Partnership to
terminate for federal income tax purposes :>r adversely effect the Partnership,
Partnership property, or the General Partr.er and Limited Partners under the
Code and the transferor shall furnish to the Partnership an opinion of counsel
to such effect. ~.uch counsel and opinion st.all be reasonably satisfactory to the
General Partner, and the General Partner shall provide to such counsel any
information available to the General Partn::r relevant to such opinion.
(ii) The transferee's taxpayer identification number, sufficient information
to determine the transferee's initial tax ba5is in the Interests transferred, and
any other information reasonably.necessary to permit the Partnership to file all
required federa2. and state tax returns and other legally required information
statements or returns. Without limiting the generality of the foregoing, the
Partnership shaJ not be required to make my distribution otherwise provided
for in this Agr1~ement with respect to ariy transferred Interests until it has
received such information.
(iii) A confirmation that either (a) such Interests are registered under the
Securities Act of 1933, as amended, and any applicable state securities laws,
or (b) such Transfer is exempt from all applicable registration requirements and
will not violate any applicable laws regulat:ng the Transfer of securities. Such
confirmation shall be accompanied by an opinion of counsel to such effect,
which opinion and counsel shall be reasonably satisfactory to the General
Partner.
.. (iv) A statement that the transferee agre:es to be bound by the terms of this
Agreement upon the effectuation of such Transfer.
(b) Except in the case of ar. Involuntary Transfer Even1, a selling Partner shall give written
notice to the Partnership and the Gem:ral Partner that he desires to sell his Interest ("Voluntary Sale
Notice"). The Voluntary Sale Notice shall contain a summary :>f the written bona fide offer of a
prospective purchaser to buy the Interi~st. Such summary shall be complete in all details of purchase
price and terms of payment, and the P :utner shall certify that the coffer is genuine and the summary is
complete and accurate. For thirty (30) days from receipt by the Partnership of the Voluntary Sale
Notice, the Partnership shall have the option to purchase the selling Partner's Interest upon the same
terms and conditions contained in the Voluntary Sale Notice ("Partn.ership Option"). If the Partnership
does not exercise the Partnership Option, the remaining Partners shall each have an option to purchase
the selling Partner's Interest upon the same terms and conditions for a period of thirty (30) days
Agreement: of Linli t:ed Part:nership Page 14 of
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following the expiration or tenninatio~L of the Partnership Option ("Partner Option"). The place, date
and time of a sale following the exercise of a Partnership or Parner Option shall be selected by the
purchaser, but shall not be more than :;ixty (60) days after the exercise of such option. The purchase
price of such interest shall be paid on the same terms as set fortl. in the Voluntary Sale Notice, or if
the purchaser so elects, in cash at closing. In the event more than one purchaser elects to exercise the
Partner Option, the available Interest will be divided among such purchasers on a pro rata basis, unless
otherwise mutually agreed, and all such purchases and sales shaJ be conducted contemporaneously
at such date and time determined by mutual agreement of the purchasers within the bounds set forth
above. In the event no remaining Partr.er elects to exercise the Partner Option, the selling Partner shall
be free to sell his Interest to the prospe::tive purchaser named in tl:e Voluntary Sale Notice at the price
and on the terms contained therein.
(c) In the case of an Involuntary Transfer Event, a Partner may sell his Interest, or any
portion thereof, only after he has com?lied \vith the following specific requirements, as applicable:
.·
(iii) If any Partner becomes a Bankrup1 Partner, the Partnership shall have
the option at a:iy time prior to the 180tb day after receipt of notice of the
occurrence of the event causing it to become a Bankrupt Partner, to buy, and
on exercise of that option the Bankrupt Partner or its representative shall sell,
the Bankrupt Partner's Interest. If the Partnership does not exercise such
option, the indi·ridual Partners shall have the option to purchase the remaining
portion of the Bankrupt Partner's Interests on a pro rata basis, unless otherwise
agreed, within ninety (90) days of the expiration or termination of the
Partnership's option hereunder. The payment to be made to the Bankrupt
Partner or its representative pursuant to thi:; Section is in complete liquidation
and satisfactior of all the rights and interest of the Bankrupt Partner and its
representative (and of all Persons claiming by, through, or under the Bankrupt
Partner and its :~epresentative) in and in re:;pect of the Partnership, including,
without limitati•Jn, any Interest, any rights in specific Partnership property, and
any rights agair1st the Partnership and (insofar as the affairs of the Partnership
are concerned) :i.gainst the Partners, and constitutes a compromise to which all
Partners have agreed.
(iv) In the event a Partner that is not a natural person (I) dissolves, disposes
of all or substantially all of its assets except to an Affiliate, merges into another
entity other than an Affiliate or otherwise engages in a transaction in which the
Partnership would be considered to have temlln.ated within the meaning of
Section 708 of the Code, or (II) ceases to be controlled by substantially the
same Persons who control it as of the date Jf its admission to the Partnership,
the Partnership shall have the option at any time prior to the 30th day after
receipt of notice of the occurrence of such e·vent, to buy, and on exercise of that
option such Partner shall sell, such Partner's Interest. If the Partnership does
not exercise st.ch option, the individual Partners shall have the option to
Agreement of Limited Partnership Page 1.5 of
25
.·
purchase the remaining portion of such F artner' s Interest on a pro rata basis,
unless otherwise agreed, within sixty (60) days of the expiration or termination
of the Partnership's option hereunder.
(v) If the marital relationship of a Partner is terminated by death or divorce,
and such Partner does not succeed to the separate or community interest of such
Partner's spome in the Interest (either as •Jutright owner of such interest or as
a trustee of a trust holding such interest, whether or not the Partner is a
beneficiary of i;uch trust), then such Partr.er shall have the option to purchase
all interest in such Interests, and such spouse, or the deceased spouse's
successor in in·:erest, shall be obligated tc sell all such interest, within ninety
(90) days of the award of the Interest to such spouse. If such Partner does not
purchase such :nterest within the time period set forth above, the Partnership
shall have the option at any time prior to ·:he l 80th day after receipt of notice
of the award Jf said· Interests to such spouse, or the deceased spouse's
successor in interest, to buy, and on exerc:.se of that option, the spouse, or the
deceased sporu;e's successor in interest, :;hall sell his or her Interests to the
Partnership. If the Partnership does not exercise such option, the individual
Partners shall have the option to purchase the remaining portion of such
Interests on a pro rata basis, unless otherwise agreed, within ninety (90) days
of the expiraticn or termination of the Partnership's option hereunder.
(vi) In the event of an Involuntary Trans.fer Event, the purchase price of the
Interest sold as a result thereof shall be determined as follows:
(I) for the period ending one ( 1) year from the date of the execution
of this Agreement (the "Nonvariable Period"), the purchase price shall be equal
to the Partner'~ Total Capital Contributions as described in Exhibit A hereto;
(II) for the year beginning at the conclusion of the Nonvariable
Period {the "Variable Period"), and annually thereafter at the annual meeting
of the Partners, the purchase price shall be equal to the value of the selling
Partner's Total Percentage Interest in the P:rrtnership as described in Exhibit A
hereto after a determination by the Partne1s of the value of the Partnership as
a going concern using a formula or method of calculation that reasonably
values the Part1ership and is utilized com:istently on a annual basis.
If there is any reasonable disagreement regarding the value of a Partner's Interest, such person, at their
sole expense, may require the determination of fair market value to be made by a qualified independent
appraiser by providing notice to the :?artnership of his or her in:ent to seek such valuation. If the
Partnership objects to the findings of such appraiser, and the party seeking such valuation and
Partnership then fail to agree o~ an independent appraiser, eitl:.er may petition the United States
District Judge for the Southern District of Texas (Houston Division) then senior in service to designate
Agreement of Limited Partnership Page 1.6 of
25
an independent appraiser. The determination of the independer.t appraiser, however designated, is
final and binding on all parties.
(vii) The place, date and time of a sale made pursuant to and Involuntary
Transfer Event shall be selected by the pucbaser, but shall not be more than
sixty (60) days after the exercise of the applicable option. The purchase price
of such interest shall be paid in full or, at ·:he option of the purchaser, in sixty
(60) equal monthly installments of principal, with the first installment to
become due and payable on the date of c=osing and subsequent installments
being due and payable on the monthly aim:. versary dates of the closing, and no
interest shall accrue thereon. In the event more than one Partner elects to
purchase an Interest hereunder, the available Interest will be divided among
such purchasers on a pro rata basis, unless otheiwise mutually agreed, and all
such purchases and sales shall be conducted contemporaneously at such date
and time detemined by mutual agreement of the purchasers within the bounds
set forth above:
( d) Upon compliance with the foregoing requirements, the transferee shall be admitted to
the Partnership as a substituted Partner. It is the intention of the parties hereto that the terms of this
Section 10.2 shall be legally binding upon the Partnership, all of the Partners of the Partnership and
their-spouses, .if any, and their respec1ive successors in interest. By executing this Agreement, all
parties indicate their consent to be bo-md solely by the terms of this Agreement and represent and
warrant that they are fully aware of, ur.derstand, and fully consent and agree to the provisions of this
Section 10.2 and its binding effect upon any community or separat1! property interest now or thereafter
owned in the Partnership.
12.07. If any Interest is sold, as;igned, or Transferred duriI:.g any fiscal year of the Partnership
·in compliance with the provisions oftlris Article XII, profits, losses, each item thereof, and all other
items attnlmtable to the Transferred Interest for such fiscal year shall be divided and allocated between
the transferor and the transferee by taking into account their varyi:J.g Interests during such fiscal year
in accordance with Code Section 706( cl), using any conventions permitted by law and selected by the
General Partner. All distributions on or before the date of su·~h Transfer shall be made to the
transferor, and all distributions thereafter shall be made to the transferee.
Events of Dissolution
ARTICLE XIII
DISSOLUTION AND TERMINATION
13.01. The Partnership shall be dissolved and its business wound up on the earliest occurrence
of any one of the following events:
(a) The expiration of the term of the Partnership as set forth in Article ill.
Agreement of Limited Partnership Page 17 of
25
(b) Tue General Partner's detemrination, with the Limited Partners' prior written consent, that
the Partnership should be dissolved.
(c) The dissolution, withdrawal, or bankruptcy of the General Partner, unless the Partnership
is reconstituted in the manner prescribed in paragraph 13.02 of this agreement. The dissolution,
withdrawal, or bankruptcy of the General Partner will not result :n the dissolution of the Partnership
so long as the successor to the General Partner's interest in the Partnership, in accordance with
paragraph 13.02, assumes all of the General Partner's obligations under this agreement.
Election of New General Partner
13.02. At the time of the withdrawal, dissolution, or bankruptcy of the General Partner, the
business of the Partnership shall be 1:ontinued on the terms and subject to the conditions of this
agreement if, within 90 days after such event, the Limited Partners unanimously elect that the business
of the Partnership should be continued and, in such election, designate one or more persons to be
substituted as general partner. New Ge:neral Partner(s) elected by this procedure will succeed to all of
the powers, privileges, and obligations of the then-existing Gi~neral Partner. The interest in the
Partnership of the General Partner whc is succeeded by new Gene:~al Partner(s) will become a Lin).ited
Partner's interest in the Partnership. In the event of the dissolution, withdrawal, or bankruptcy of the
General Partner and the failure of the Limited Partners to ele::t to continue the business of the
Partnership, the Partnership shall be terminated forthwith.
No Release From Liabilities
13.03. It is understood and agreed that no dissolution of the: Partnership releases or relieves any
of the parties to this agreement of their contractual obligations under this agreement.
Distributions in Liquidation
13.04. If the business of the Pa::tnership is not continued, the General Partner shall, if possible,
act as liquidator. If the General Partner has itself dissolved, withdrawn from the Partnership, or
declared or suffered a bankruptcy, and if the Partnership is not reconstituted with a new General
Partner as provided in this agreement, a Limited Partner shall ac: as liquidator. The liquidator shall
liquidate the assets of the Partnership, make appropriate adjustmmts made to the capital accounts of
the Partners, and distribute the proceec.s in the following order of priorities, so far as the proceeds will
go:
(a) To the payment of debts of the Partnership (other than :.oans made from the Partners to the
Partnership), including the expenses of liquidation.
(b) To the repayment of any loans that have been made by the Partners to the Partnership, but
if the amount available for such repayment is insufficient, then pro rata up to the amounts available.
( c) To all Partners pro rata ace :>rding to their respective percentage interests in the partnership.
Agreement of Limited Partnershi p Page 18 of
25
Distributions In Kind
13.05. In the event any or all of the assets of the Partnership cannot be liquidated, those assets
are to be distributed in kind accordin.g to the priorities set forth in paragraph 13 .04. Assets of the
Partnership distributed to the Partners shall be held and owned by the Partners as tenants in common.
In the event of the distribution of Partnership properties in kind, the fair market value of such assets
shall be determined by agreement of the Partners. The amount of gain or loss which would have been
realized by the Partnership for federal income tax purposes if the assets had been sold at such fair
market value rather than distributed in kind shall be treated as gain or loss from a disposition of the
assets of the Partnership, and allocated among the Partners in accordance with Article X, such
allocations then being reflected in the Partners' respective capital accounts.
Fiscal Year
ARTICLE XIV
ACCOUNTING
14.01. The fiscal year of the Pninership shall be the cale:1dar year.
Books and Records
14.02. The General Partner shall keep, or cause to be kept, full and accurate records of all
transactions of the Partnership in accordance with principles and Factices generally accepted for the
cash or accrual method of accounting.
Inspection of Records
14.03. Any Partner may, for any proper purpose during regular business hours, inspect and
. copy any of the Partnership books and records at the principal pla:e of business of the Partnership as
. provided in Article V, or make otl:.er reasonable inquiries ~: to Partnership affairs. Costs of
reproducing or copying Partnership books and records shall be at the expense of the Partnership.
Tax Returns
. 14.04. Within 90 days after the end of each fiscal year, the General Partner shall prepare, or
cause to be prepared, state and federal income tax returns for the Partnership and, in connection with
those tax returns, make any available or necessary elections. Copies of all income tax returns of the
Partnership proposed to be filed for any year shall be furnished to each Partner at least fifteen (15) days
prior to the date for filing the returns (including any extensions applicable to such returns). The returns
shall be filed by the General Partner on or before the due date (induding extensions).
Agreement: of Limi t:ed Part:nership Page 19 of
25
ARTICLE XV
REPORTS AND STATEMENTS
Within 90 days after the end of each fiscal year of the Partnership, the General Partner will
deliver to the Limited Partners, at the Partnership's expense, financial statements setting forth, as of
the end of and for that fiscal year, the following:
(a) A profit and loss statement and a balance sheet of the Partnership.
(b) The balance in the capital account of each Partner.
(c) Any other information that, in the judgment of the General Partner, is be reasonably
necessary for the Limited Partner to be advised of the results of operations of the Partnership.
ARTICLE XVI
BANK ACCOUNTS
The General Partner shall open and maintain a special bank account or accounts in which all
funds of the Partnership shall be depo~ited. Withdrawals from this such account or these accounts may
be made on the signature or signatures of those persons designated by the General Partner.
The General Partner may not :ommingle the assets of the Partnership with the assets of any
other entity or person. However, the revenues and other receipts ·Jf the Partnership may be deposited
in a central account in the name of the General Partner or an affiliate of the General Partner, so long
as separate entries are made on the books and records of the Partnership and on the books and records
of the affiliate reflecting deposits in the bank account of the affiliate with respect to amounts received
from the Partnership and withdrawals from the bank accounts mado:: for the purpose of disbursing funds
. to the Partnership or for the purpose of paying liabilities of the Partnership.
ARTICLE XVII
NOTICES
Whenever any notice is required or permitted to be given under this agreement, the notice must
be in writing and signed by or on behGlf of the person giving the notice. The notice will be deemed to
have been given when delivered by personal delivery or deposited in the United States mail, postage
prepaid, certified mail, return receipt :~equested, properly addressed to the persons who must receive
notice at the addresses listed in this agreement or as changed by written notice given according to this
provision of this agreement.
ARTICLE XVIII
FOWER OF ATTORNEY
The Limited Partners irrevocably appoint the General Pa:itner, its successors and assigns, as
their respective true and lawful attom::y-in-fact, with full power and authority, on their behalf and in
their respective names, to execute, acknowledge, swear to, deliver and, if appropriate, file in such
Agreement: of L imi t:ed Part:nershi p Page 20 of
25
offices and places as may be required l::y law (i) any amendment to this agreement that may be required
by a change in the name of the Partnership, change in.registered agent, or similar matter, and (ii) any
amendment to this agreement made in compliance with Article XIX. The power of attorney granted
by the Limited Partners to the General Partner is a special power coupled with an interest and is
irrevocable, and may be exercised by any party who, at the time of exercise, is a General Partner of
the Partnership. The power of attorney shall survive any tran5fer or abandonment of a Limited
Partner's Partnership interest, or the Limited Partner's withdrawal from the Partnership.
ARTICLE XIX
AMENDMENT
This agreement may be amended or modified by written instrument executed by both the
General Partner and a Required Interest of the Limited Partners.
ARTICLE XX
RELIANCE ON AlJTHOR.IT{
Any person dealing with the General Partner as the repres:::ntative of the Partnership may rely
on the authority of the General Partne;:. Persons dealing with the General Partner have no obligation
to ascertain the General Partner's compliance with the terms of this agreement. Every contract,
agreement, deed, mortgage, note, or other document or instrument executed by the General Partner
with respect to any property of the Parnership shall be conclusive evidence in favor of any and every
person-relying on the signature of the General Partner that (i) at the time of the execution or delivery
of the document this Agreement was in full force and effect, (ii) tl:.e instrument or document was duly
executed in accordance with the terms and provisions of this agreement and is binding on the
Partnership and all Partners, and (iii) the General Partner was c.uly authorized and empowered to
, execute and deliver any and every such instrument or document on behalf of the Partnership.
Applicable La.ws
ARTICLE XX.I
MISCELLANEOUS
21. 01. This partnership agreement, and its application or interpretation, shall be governed
exclusively by its terms and construed in accordance with the substantive federal laws of the United
States and by the laws of the State of Texas, including the Texas conflicts oflaws rules.
Cumulative Remedies
21.02. Each party to this partnership agreement is entitld to all remedies provided by this
agreement or in law or equity. All rem~dies in this agreement and in law or equity are cumulative, and
the use of one right or remedy by any party does not preclude or waive the right to use any or all other
remedies.
Counterparts
Agreement of Limited Partnership Page 21 of
25
21.03. This partnership agreement may be executed in any nwnber of counterparts with the
same effect as if all parties had all signed the same document All counterparts shall be construed
together and shall constitute one agreement.
Successors and Assigns
21.04. The terms, provisions, ;md agreements contained in this agreement are binding on and
inure to the benefit of the parties anj, to the extent permitted by this agreement, their respective
successors and assigns.
Entire Agreement
21.05. This partnership agreement shall constitute the entire contract between the parties. There
are no other or-further agreements outstanding not specifically mentioned in this agreement. However,
the parties may amend and supplement this agreement, in writing, from time to time, in a manner and
to the extent provided by the terms of this agreement, including but not limited to the terms set out in
Article XIX.
Personal Property
21.06. The interests owned by ·the Partners in this Partnership are personal property.
Invalidity of.Provisions
21. 07. In case any one or mon: of the provisions contained in this agreement are subsequently
determined to be invalid, illegal, or uuenforceable in any respec1, that invalidity or unenforceability
does not destroy the basis of the bargain among the Partners as expressed in this agreement. The
validity, legality, and enforceability of the remaining provisions contained in this agreement shall not
be affected or impaired in any way by the determination that scme portion or portions are invalid,
' illegal, or unenforceable.
Signature Pages
21.08. Each Partner authorizes the General Partner to attach an executed signature page to this
partnership agreement.
Attorneys Fees
21.09. If any litigation is iniiiated by any Partner against another Partner relating to this
agreement or its subject matter, the Partner prevailing in such litigation shall be entitled to recover,
in addition to all damages allowed by law and other relief, all cc·urt costs and reasonable attorney's
fees incurred in connection with the litigation.
Agreement of Limited Partnership Page 22 of
25
EXECUTED AND DATED as follows:
GENERAL PARTNER:
BAK.ER & CARNES MANAGE1vfENT, L.L.C.
By: -____,UJU::J_'/L£.~~=:::::::=-
Pat B er, Managing Member
230 Southwest Parkway
College Station, Texas 77840
a('A•_J_ ·-Date signed: NO~ 7 , 2005
d Carnes, Managing Member
230 Southwest Parkway
College Station, Texas 77840
Date signed: -~ft.= 7 , 2005
LIMITED PARTNERS:
RADRDEVELOPMENT, LTD.
Limited Partner
By: Union Ga5 Corpora· n, its Gene:~al Partner
~·
Date signed:~r 7 , 2005
f}rrct:_,,hrfl
Agreement of Li mi ted Partnershi p Page 23 of
25
BAKER & CARNES INVESTMEN: S, L.L.C.
Limited Partner
By:~~~l-H~LP-~.f.C:::=====
Pat Baker, M a g Member
230 Southwest Parkway
College Station, Texas 77840
Date signed: JZt:aj;;b~ ] '200:;
By~L--/
Todd Carn.es, Managing Member
230 Southwest Parkway
· College Station, Texas 77840
Date signed: h.:;,'ir 7 '2005
Agreement of Limited Partnership Page 24 of
25
GENERAL PARJNER
BAKER & CARNES
MANAGEMENT, L.L.C.
LIMITED PARTNERS
RADR DEVELOPMENT, LTD.
Limited Partner
BAKER & CARNES
INVESTMENTS, L.L.C.
Limited Partner
EXHIBIT A
Mailin~ Address
2~ 0 Southwest Parkway
College Station, Texas 77840
Mailing Address
14511 Falling Creek, Suite 200
Houston, Texas 77014
230 Southwest Parkway
College Station, Texas 77840
(A) BAKER & CARNES MANAGEMENT, L.L.C. has made a cash contribution of
$ _______ , which purchase~: 10 units, at the rate of$ _____ per unit.
(B) RADR DEVELOPMENT, L1D. has made a cash contribution of$ all of
which has a value of$ , and has obligated itself as a guarantor of the Note, which
guaranty has a value of$ , all of which purchases 330 units, at the rate of
$ per unit and has obligated itself as a guarantor of the Note.
(C) BAKER & CARNES INVESTMENTS, L.L.C. has made a contribution of the contract to
acquire the Property, and has arranged for financing for acquisitio::i of the Property, and has obligated
itself as a guarantor of the Note, all of which has a value of$__ which purchases 660 units,
at the rate of$ per unit.
Agreement of Limited Partnership Page 25 of
25
CERTIFICATE OF AMENDMENT
TO THE
CERTIFICATE OF LIMITED PARTNERSHIP
OF
CREEK :\1EADOWS PARTNERS, L.P.
Pursuant to the pnl\'isions or Section 3.051 of the T1.:xas Business Organizations Cock.
CRITK 1EADOWS P/\RTNl'.RS. L.P .. a Texas limited partnership (the "Limited Partnership").
files the follo,,ing Certilicate or Amendment to its Cenilicate or Limited Partnership.
ARTICLE I.
The name of the Limited Partnership is CREEK \11::\DOWS P/\RT>lERS. L.P . The lik
number issued to the.· Limited Partnership by the Secretary or State is 0800583397. The Certilical\.'
of Limited Partnl..'.rship for the Limited Pa11nership \\'as filed on December 13. 2005 . The existing
rcgish:recl agent or the LimiteJ Pm1nership is Pat l3aker. The existing registered o!lice of thl..'.
Limited Partnership is 3988 Green Prairie Road West. Colkgc Station. Texas 77845.
ARTICLE II.
The registered agent or the Limited Partnership has been changed to R. K. Lowry. Jr. The
registered onice or the Limited Panncrship has been changed to 14505 T<.JJTcy Chas\.'. Blvd .. Suite
205. I lnuston. ·1 cxas 77014.
ARTICLE Ill.
Bexcu Operating. Inc.. a Colmadn 1:orporatinn. has resigned as gl..'.neral partner or the
Limited Partnership and as a result thereof Union Gas Corporation. a Texas cnrporation, is the so k
general partner or the Limite<l Partnership. The name and business address of the sole general
partner of the Limitc<l Partnership is as follows:
l.'nion Gas Corporation
14505 Torrey Chase Blnl. Suite ~05
l I ouston. TX 7701-l
ARTICLE IV.
The undersigned is the sole general partner of the Partnership and has the authority to tile this
Amendmem.
AKJ'ICLF. V.
This document will become effective when the document IS liled by the Secretary or
State.
f
On this 2 L~ c.Jay of January. 2011. the undersigned sign this document subject tu the
penalties imposed by law for the submission of a materially false or fraudulent instrument.
l 1 ~10N GAS COl{PORATION,
(iencral Partner of Creek Mcadc)\\·s Partners. L.P.
MEMORANDUM
March 10, 2014
TO: RME Consulting Engineers, via : rabon@rmengineer.com Ill"
FROM: Morgan Hester, Staff Planner
SUBJECT: CREEK MEADOWS SEC 5 PH 2 (FP)
Staff reviewed the above-mentioned final plat as requested. The following page is a list of staff
review comments detailing items that need to be addressed. If all comments have been
addressed, your project will be placed on the next available Planning and Zoning Commission
meeting held in the City Hall Council Chambers, 1101 Texas Avenue.
One (1) 24"x36" copy of the revised final plat;
One (1) 24"x36" grading and erosion control plan;
Thirteen (13) 11 "x17 " copies of the revised final plat;
One (1) Mylar original of the revised final plat (required after P&Z approval); and
One ( 1) copy of the digital file of the final plat on diskette or e-mail to :
pdsdigitalsubmittal@cstx.gov.
Upon receipt of the required documents for the Planning & Zoning meeting, your project will be
considered formally filed with the City of College Station. Please note that this application will
expire in 90 days from the date of this memo, if the applicant has not provided written response
comments and revised documents to the Administrator that seek to address the staff review
comments contained herein. If all comments have not been addressed your project will not be
scheduled for a Planning & Zoning Commission meeting. Your project may be placed on a
future agenda once all the revisions have been made and the appropriate fees paid . Once your
item has been scheduled for the P&Z meeting, the agenda and staff report can be accessed at
the following web site on Monday the week of the P&Z meeting.
http://www.cstx.gov/pz
Please note that a Mylar original of the revised final plat will be required after P&Z approval and
prior to the filing of the plat. If you have any questions or need additional information, please call
me at 979.764.3570.
Attachments: Creek Meadow Partners, LP c/o Randy Lowry, via: chris@oldhamgoodwin.com
Staff Review Comments
Planning & Development Services
P.O. BOX 'J960 • 1101 T EXAS AVENUE · COLLEGE STATION · TEXA.S • 77842
TEL 979.7G4.3570 ·FAX. 979.7G4.34%
cstx.gov/devservices
STAFF REVIEW COMMENTS NO. 1
Project: Creek Meadows Sec 2 Ph 2 (FP) (14-00900042)
PLANNING
1. Please note that any changes made to the plans that have not been requested by the City
of College Station must be explained in your next transmittal letter and "bubbled" on your
plans. Any additional changes on these plans that the City has not been made aware of will
constitute a completely new review.
2. Please note that you may be required to submit paid tax certificates if they are not current
prior to the filing of your plat.
Reviewed by : Morgan Hester Date: March 3, 2014
ENGINEERING COMMENTS NO. 1
1. Please provide a Letter of Acknowledgment and include all standard details in the set of
plans.
2. Provide a BTU electrical layout & service agreement letter.
3. GN-01 -Please coordinate with Robin Krause to verify that block numbers are accurate.
4. GN-01 -Where will the common mail box be located?
5. GP-01 -Please show and label the drainage easements. Verify that the private storm line
between Lots 14 and 15 is within the easement.
6. W-01 -Please verify that there is an existing water service for Lot 4, Block 5.
7. S-01 -Label the service flowlines at the manholes and verify that drops are not needed.
8. Drainage Report -It looks like a 15-ft opening is being provided for Inlet B3, but the runoff
looks like a smaller inlet would be needed. Please verify the runoff values in Curb Inlet
Summary-Table #2.
9. FYI. .. The public infrastructure must be built or bonded prior to the final plat being forwarded
to P&Z for approval.
10. FYI ... Based on the current cost estimate, the DP fee balance is $4,691.11.
Reviewed by: Erika Bridges Date: March 7, 2014
ELECTRICAL COMMENTS REQUIRING IMMEDIATE ATTENTION
1. This project location is outside of CSU certification area. CSU will not provide electric
service to this project location.
GENERAL ELECTRICAL COMMENTS
1. To discuss any of the above electrical comments please contact Gilbert Martinez at
979.764.6255.
Reviewed by: Gilbert Martinez Date: February 25 , 2014
C ITY OF C OLLEGE STATION
Home of Texas A&M University"
MEMORANDUM
February 24, 2014 /
TO: RME Consulting Engineers, via: rabon@rmengineer.com V
FROM : Morgan Hester, Staff Planner
SUBJECT: CREEK MEADOWS SEC 2 PH 2 (FP)
Thank you for the submittal of your FINAL PLAT -RESIDENTIAL application. Erika Bridges,
Graduate Civil Engineer, and I have been assigned to review this project. It is anticipated that
the review will be completed and any staff comments returned to you on or before Friday, March
7, 2014. If you have questions in the meantime, please feel free to contact us .
PC : Creek Meadows Partners, LP c/o Randy Lowry, via: chris@oldhamgoodwin.com ~
P&DS Project No . 14-00900042
Planning & Development Services
P.O. BOX 9%0 • l 101 TEXAS .A.V ENUE · COll .F.CE ~"IATTON • ·rT.XAS • 77842
CITY OF Coll.EGE STAT JON
Hom;: ofTtxJZJ A&M University"
FOR OFFICE~ r
CASE NO.: I CA. I
DATE SUBMITIED: y= L . 19
TIME: H·'~I
STAFF: ?K
PLANNING & DEVELOPMENT SERVICES
TRANSMITTAL LETTER
Please check one of the options below to clearly define the purpose of your submittal.
0 New Project Submittal
O Incomplete Project Submittal -documents needed to complete an application. Case No.:
D Existing Project Submittal. Case No.:
We are transmitting the following for Planning & Development Services to review and comment (check all that apply):
O Comprehensive Plan Amendment
O Rezoning Application
D
D
D
D
D
D
D
D
Conditional Use Permit
Preliminary Plan
Final Plat
Development Plat
Site Plan
Special District Site Plan
Special District Building I Sign
Landscape Plan
INFRASTRUCTURE AND ENGINEERING DOCUMENTS
D
D
D
D
D
D
D
~
Non-Residential Architectural Standards
Irrigation Plan
Variance Request
Development Permit
Development Exaction Appeal
FEMA CLOMA/CLOMR/LOMA/LOMR
Grading Plan
Other -Please specify below
~ cer+, EAif i11tef 5 Bfr"m::ff
All infrastructure documents must be submitted as a complete set.
The following are included in the complete set:
D Comprehensive Plan Amendment D Waterline Construction Documents
D TxDOT Driveway Permit D Sewerline Construction Documents
D TxDOT Utility Permit D Street Construction Documents
D Drainage Letter or Report D Easement Application
D Fire Flow Analysis D Other -Please specify
Special Instructions:
10/10
Engineer 's Cost Estimate
CREEK MEADOWS -SECTION 2, PHASE TWO
PAVING IMPROVEMENTS
1 Mobilization, Construction Staking, All Required 1 LS $3,500.00 100% $0.00 Testing by Contractor & Trench Safety
2 SWPP Measures (Rock Rip-Rap, Seeding, Silt Fencing, 1 LS $8,000.00 38% $5,000.00 Construction Entrance, Inlet Protection)
3 Clearing & Grubbing (ROW & All Easements) 1 LS $1 ,500.00 100% $0.00
4 In-Place Earthwork Excavation (Roadway, Alleys, 1,250 CY $4.00 100% $0.00 Drainage Channels, Sitework, etc ... )
5 In-Pace Earthwork Embankment (Roadway, Alleys, 300 CY $4.50 100% $0.00 Sitework, etc .. ) (Excavated On-Site)
6 In-Place Earthwork Embankment Finishing (Topsoil, Landscape 1,000 CY $3.00 0% $3,000.00 Berms & Miscellaneous) (Excavated On-Site)
7 4" Thick Reinforced Concrete Sidewalk (Includes 10, 101 SF $4.25 0% $42,929.25 H/C Ramps)
8 6"Raised Concrete Curb & Gutter 525 LF $11 .25 0% $5,906.25
9 24" Laydown Concrete Gutter 2,360 LF $11 .25 0% $26,550.00
10 6" Compacted Lime Stabilized Subgrade 5,834 SY $4.75 0% $27,711 .50
11 6" Compacted Limestone Base (Residential Street) 4,490 SY $11 .00 0% $49,390.00
12 2" Compacted Hot-mix Asphaltic Concrete 4,490 SY $13.00 0% $58,370.00 (Residential Street)
SUB-TOTAL= $218,857.00
DRAINAGE IMPROVEMENTS
1 Mobilization, Construction Staking, All Required Testing 1 LS $7,000.00 100% $0.00 (Including TV) by Contractor & Trench Safety
2 Recessed Curb Inlet (5' Opening) 3 EA $4,200.00 100% $0.00
3 Recessed Curb Inlet (10' Opening) 4 EA $4,700.00 100% $0.00
4 Storm Sewer Junction Box 1 EA $2,500.00 100% $0.00
5 Tie into Existing Storm Sewer Pipe or Curb Inlet 2 LS $750.00 100% $0.00
6 18" RCP (CL 4) Storm Sewer w/Structural Backfill 74 LF $95.00 100% $0.00
7 24" RCP (CL 4) Storm Sewer w/Structural Backfill 549 LF $125.00 100% $0.00
CD1 -260-0504-E03.xlsx 1 of 3
Engineer's Cost Estimate
8 24" ADS (N-12) Storm Sewer w/Cement Stabilized 45 LF $85.00 100% $0.00 Sand Bedding & Non-Structural Backfill
9 30" RCP (CL 3) Storm Sewer w/Structural Backfill 31 LF $130.00 100% $0.00
SUB-TOTAL= $0.00
WATER IMPROVEMENTS
1 Mobilization, Staking, All Required Testing by 1 LS $4,000.00 100% $0.00 Contractor & Trench Safety (Water Line)
2 8" PVC Water Line (C900, DR14) -Non Structural 911 LF $19.00 100% $0.00 Backfill
3 8" PVC Water Line (C900, DR14) -Structural 127 LF $31 .00 100% $0.00 Backfill
4 4" PVC Water Line (C900, DR14) -Non Structural 151 LF $16.00 100% $0.00 Backfill
5 Structural Bedding (Cement Stabilized Sand) 40 LF $23.00 100% $0.00
6 Tie into Existing Water Line 3 EA $750.00 100% $0.00
7 Standard Fire Hydrant Assembly 1 EA $3,500.00 100% $0.00
8 8" (MJ) Gate Valve & Box 3 EA $1,100.00 100% $0.00
9 6" (MJ) Gate Valve & Box 1 EA $800.00 100% $0.00
10 4" (MJ) Gate Valve & Box 1 EA $650.00 100% $0.00
11 8" x 8" (MJ) Tee 1 EA $900.00 100% $0.00
12 8" x 6" (MJ) Tee 1 EA $550.00 100% $0.00
13 8" x 4" (MJ) Tee 1 EA $425.00 100% $0.00
14 8" (MJ) 45 deg Bend 2 EA $650.00 100% $0.00
15 8" (MJ) 11.25 deg Bend 1 EA $500.00 100% $0.00
16 Dual Water Service (Long Side) 10 EA $1,900.00 100% $0.00
17 Dual Water Service (Short Side) 2 EA $950.00 100% $0.00
18 Single Water Service Long Side) 6 EA $1 ,400.00 100% $0.00
19 Single Water Service (Short Side) 5 EA $600.00 100% $0.00
SUB-TOTAL= $0.00
CD1-260-0504-E03.xlsx 2 of 3
..
Engineer's Cost Estimate
SANITARY SEWER IMPROVEMENTS
1
2
3
Mobilization, Staking, Trench Safety & lV Inspection
(Sewer Line)
6" PVC Sanitary Sewer (SDR-26, 03034) -Non
Structural Backfill
6" PVC Sanitary Sewer (SDR-26, D3034) -
Structural Backfill
4 4' Diameter Standard Manhole w/32" Opening (Ring
& Cover)
5 Tie into Existing Sanitary Sewer Line
6 Structural Bedding (Cement Stabilized Sand)
7 Dual Sanitary Sewer Service (Long Side)
8 Dual Sanitary Sewer Service (Short Side)
9 Single Sanitary Sewer Service (Long Side)
10 Single Sanitary Sewer Service (Short Side) _ .... ,, ......
----;( OF IE-;''' (
1 LS $4,000.00
313 LF $25.00
50 LF $42.00
2 EA $3,200.00
2 EA $1,000.00
20 LF $23.00
6 EA $1 ,750.00
9 EA $650.00
2 EA $750.00
4 EA $650.00
SUB-TOTAL=
-c.,\\" • • • • • • • ·' '1 '\' '•t I h .:.·· ··.~ . .;fl~ ESTIMATED CONSTRUCTION COST=
~ R · N A. 1ETC. ~
100% $0.00
100% $0.00
100% $0.00
100% $0.00
100% $0.00
100% $0.00
100% $0.00
100% $0.00
100% $0.00
100% $0.00
$0.00
$218,857.00
$21,885.70 !..*./.... . .......... :· ~r~--)-10% CONTINGENCY=
I.·.. . . . . . . . . . . . . . . -ii ~ ~··~ · .: f GRAND TOTAL= $240,742.70 n ··.~IC,:-Nss'0 •• ·~ K '.•"~s,~~0~-;~·s0~.:r -1/c.. ..J "'"''''-vi ;11r {
l '
RME Consulting Engineers
TEXAS FIRM REGISTRATION No. F-4695
POST OFFICE BOX 9253
COLLEGE ST A TION, TEXAS 77842
OFF/FAX: (979) 764-0704
E-mail: civil@rrnengineer.com
Estimates and projections prepared by RME Consulting Engineers relating to construction costs and schedules, operation and
maintenance costs, equipment characteristics and perfom1ance, and operating results are based on this office's experience,
qualifications and judgment as a design professional. Since RME has no control over weather, cost and availability of labor, material
and equipment, labor productivity, construction contractor's procedures and methods, unavoidable delays, construction contractor's
methods of determining prices, economic conditions, competitive bidding or market conditions and other factors affecting such
estimates or projections, this office does not guarantee that actual rates, costs, perfonnance, schedules, etc., will not vary from
estimates and projections prepared by the Engineer ofrecord.
CD1-260-0504-E03.xlsx 3 of 3
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5
6
7
Engineer's Cost Estimate
CREEK MEADOWS -SECTION 2, PHASE TWO
PAVING, DRAINAGE, & UTILITY IMPROVEMENTS
COLLEGE STATION, BRAZOS COUNTY, TEXAS
PAVING IMPROVEMENTS
Mobilization, Construction Staking, All Required 1 LS $3,500.00 Testing by Contractor & Trench Safety
SWPP Measures (Rock Rip-Rap, Seeding, Silt Fencing, 1 LS $8,000.00 Construction Entrance, Inlet Protection)
Clearing & Grubbing (ROW & All Easements) 1 LS $1,500.00
In-Place Earthwork Excavation (Roadway, Alleys, 1,250 CY $4.00 Drainage Channels, Sitework, etc ... )
In-Pace Earthwork Embankment (Roadway, Alleys, 300 CY $4.50 Sitework, etc .. ) (Excavated On-Site)
In-Place Earthwork Embankment Finishing (Topsoil, Landscape 1,000 CY $3.00 Berms & Miscellaneous) (Excavated On-Site)
4" Thick Reinforced Concrete Sidewalk (Includes 10,101 SF $4.25 H/C Ramps)
6"Raised Concrete Curb & Gutter 525 LF $11 .25
24" Laydown Concrete Gutter 2,360 LF $11.25
6" Compacted Lime Stabilized Subgrade 5,834 SY $4.75
6" Compacted Limestone Base (Residential Street) 4,490 SY $11.00
2" Compacted Hot-mix Asphaltic Concrete 4,490 SY $13.00 (Residential Street)
SUB-TOTAL=
DRAINAGE IMPROVEMENTS
Mobilization, Construction Staking, All Required Testing 1 LS $7,000.00 (Including TV) by Contractor & Trench Safety
Recessed Curb Inlet (5' Opening) 3 EA $4,200.00
Recessed Curb Inlet (10' Opening) 4 EA $4,700.00
Storm Sewer Junction Box 1 EA $2,500.00
Tie into Existing Storm Sewer Pipe or Curb Inlet 2 LS $750.00
18" RCP (CL 4) Storm Sewer w/Structural Backfill 74 LF $95.00
24" RCP (Cl 4) Storm Sewer w/Structural Backfill 549 LF $125.00
CD1-260-0504-E05.xlsx
100% $0.00
66% $2,727.20
100% $0.00
100% $0.00
100% $0.00
100% $0.00
100% $0.00
100% $0.00
100% $0.00
100% $0.00
100% $0.00
100% $0.00
$2,727.20
100% $0.00
100% $0.00
100% $0.00
100% $0.00
100% $0.00
100% $0.00
100% $0.00
1of3
Engineer's Cost Estimate
8 24" ADS (N-12) Storm Sewer w/Cement Stabilized 45 LF $85.00 100% $0.00 Sand Bedding & Non-Structural Backfill
9 30" RCP (CL 3) Storm Sewer w/Structural Backfill 31 LF $130.00 100% $0.00
SUB-TOTAL= $0.00
WATER IMPROVEMENTS
1 Mobilization, Staking, All Required Testing by 1 LS $4,000.00 100% $0.00 Contractor & Trench Safety (Water Line)
2 8" PVC Water Line (C900, DR14) -Non Structural 911 LF $19.00 100% $0.00 Backfill
3 8" PVC Water Line (C900, DR14) -Structural 127 LF $31.00 100% $0.00 Backfill
4 4" PVC Water Line (C900, DR14) -Non Structural 151 LF $16.00 100% $0.00 Backfill
5 Structural Bedding (Cement Stabilized Sand) 40 LF $23.00 100% $0.00
6 Tie into Existing Water Line 3 EA $750.00 100% $0.00
7 Standard Fire Hydrant Assembly 1 EA $3,500.00 100% $0.00
8 8" (MJ) Gate Valve & Box 3 EA $1,100.00 100% $0.00
9 6" (MJ) Gate Valve & Box 1 EA $800.00 100% $0.00
10 4" (MJ) Gate Valve & Box 1 EA $650.00 100% $0.00
11 8" x 8" (MJ) Tee 1 EA $900.00 100% $0.00
12 8" x 6" (MJ) Tee 1 EA $550.00 100% $0.00
13 8" x 4" (MJ) Tee 1 EA $425.00 100% $0.00
14 8" (MJ) 45 deg Bend 2 EA $650.00 100% $0.00
15 8" (MJ) 11 .25 deg Bend 1 EA $500.00 100% $0.00
16 Dual Water Service (Long Side) 10 EA $1 ,900.00 100% $0.00
17 Dual Water Service (Short Side) 2 EA $950.00 100% $0.00
18 Single Water Service Long Side) 6 EA $1,400.00 100% $0.00
19 Single Water Service (Short Side) 5 EA $600.00 100% $0.00
SUB-TOTAL= $0.00
CD1-260-0504-E05. xlsx 2 of 3
1
2
3
4
5
6
7
8
9
10
I
Engineer's Cost Estimate
SANITARY SEWER IMPROVEMENTS
Mobilization, Staking, Trench Safety & TV Inspection 1 LS $4,000.00 (Sewer Line)
6" PVC Sanitary Sewer (SDR-26, D3034) -Non 313 LF $25.00 Structural Backfill
6" PVC Sanitary Sewer (SDR-26, D3034)-50 LF $42.00 Structural Backfill
4' Diameter Standard Manhole w/32" Opening (Ring 2 EA $3,200.00 & Cover)
Tie into Existing Sanitary Sewer Line 2 EA $1,000.00
Structural Bedding (Cement Stabilized Sand) 20 LF $23.00
Dual Sanitary Sewer Service (Long Side) 6 EA $1,750.00
Dual Sanitary Sewer Service (Short Side) 9 EA $650.00
Single Sanitary Sewer Service (Long Side) 2 EA $750.00
Single Sanitary Sewer Service (Short Side) 4 EA $650.00 -.... -.. , = --SUB TOTAL
---;,;.STIMATED CONSTRUCTION COST=
10% CONTINGENCY=
GRAND TOTAL=
RME Consulting Engineers
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
$3,000
TEXAS FIRM REGISTRATION No. F-4695
POST OFFICE BOX 9253
----
COLLEGE STATION, TEXAS 77842
OFF/FAX: (979) 764-0704
E-mail: civil@rmengineer.com
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$2,727.20
$272.72
Estimates and projections prepared by RME Consulting Engineers relating to construction costs and schedules, operation and
maintenance costs, equipment characteristics and performance, and operating results are based on this office's experience,
qualifications and judgment as a design professional. Since RME has no control over weather, cost and availability of labor, material
and equipment, labor productivity, construction contractor's procedures and methods, unavoidable delays, construction contractor's
metl1ods of detennining prices, economic conditions, competitive bidding or market conditions and other factors affecting such
estimates or projections, this office does not guarantee that actual rates, costs, perfonnance, schedules, etc., will not vary from
estimates and projections prepared by the Engineer ofrecord.
CD1-260-0504-E05.xlsx 3 of 3
Erika Bridges
Planning & Development Services
1101 Texas Avenue
College Station, TX 77842
ebridges@cstx.gov
September 23, 2014
VIA ELECTRONIC MAIL
Re: Creek Meadows -Section 2, Phase 2 Letter of Credit
Ms. Bridges:
The Letter of Credit submitted to your office this afternoon is for remaining infrastructure
development related to Creek Meadows Section 2, Phase 2 including street, water, sanitary sewer, and
storm sewer infrastructure. Per the attached Engineer's Cost Estimate, the value of outstanding
construction is estimated to be $240,742.70. The work is anticipated to be complete by October 31,
2014.
Your consideration in this matter is greatly appreciated.
Sincerely,
Chris Rhodes
Vice President
Oldham Goodwin Development, LLC
Bryan/College Station
2800 Soulh Texas Avenue, Suite 401
Bryon, Texas I 77802
Phone; 979.268.2000 I Fox1 979.846.7020
Houston
25222 Northwest Freeway, Suite 1-1 85
Cypress, Texas I 77 429
Phone: 281.256.2300 I Fox1281.213.2095
N,
/ / (
--
Zoning Districts
R
E
RS
GS
R -1 B
D
T
Rural
Estate
Restricted Sub urban
General Suburban
Single Family Residential
Duplex
Townhouse
R-4
R-6
MHP
0
SC
GC
Cl
BP
DEVELOPMENT REVIEW
-
Multi-F amli\f BPI Business Park Industrial
High Density Multi-Family NAP Natural Areas Protected
Manufactured Ho me Park C-3 Light Commercial
Office M-1 Light Industrial
Suburban Commercial M-2 Heavy Industrial
Gen er al Commercial C -U College and University
C ommercia~ Industrial R&D Research and Development
8 us in ess Park P-MUD Planned Mixed-Use Development
CREEK MEADOWS, PH 2, SEC 2
15490 BAKER MEADOW LOOP
Case:
14-042
POD
WPC
NG -1
NG -2
NG -3 ov
ROD
KO
Pia nned Development District
Wolf Pen Creek Dev. Corridor
Core Northgate
Transitional Northgate
Residential N orthgate
Corridor Overlay
Redevelopment District
Krenek Tap Overlay
FINAL
PLAT
DEVELOPMENT REVIEW
CREEK MEADOWS, PH 2, SEC 2
15490 BAKER MEADOW LOOP
Case:
14-042
FINAL
PLAT
N
·(· · ,, Scale: 1 Inch= 200 Feet
Area: 7.808 Acres (340,132.30 Square Feet)
14-042
FINAL PLAT
CREEK MEADOWS SEC 2 PH 2
BLK2,3,4,5,&8 LTS 1-6, 1-6, 1-5, 1-4, 1-16
ACRES 7.809
Area: 7.808 Acres (340,132.30 Square Feet)
Perimeter: 2636.525 Feet
Gap= 0.035 (South 56° 22' 19" East)
I. N25°43'47"W Ch302.49' Radll 3axJ()Q'L5°58' l 7"E 21.21'
2. NJ0°20'16"E Ch34.58' Rad25.00' .RO. N51°34'19"E 27.18'
3. N54°05'50"E 2.34' 11. N04°01'43"W 28.28'
4. N38°34'50"W 50.05' 12. N40°58'17"E 160.00'
5. N82°08'36"W Ch34.58' Rad25 .00'IR. S49°01 '43"E 170.00'
6. N43°42'23"W Ch209.64' Radll30IOO'S40°58'17"W 18.51'
7. N49°0J '43"W 78.24' 15. S48°48'38"E 285.00'
8. N40°58'17"E 161.14' 16. S48°01'29"E 45.18'
17. S45°14'16"E 44.99' 25. S22°11'3I"E 44.99' 33 .
18. S42°2 l '26"E 44.99' 26. SJ9°18'40"E 44.99'
19. S39°28'35"E 44.99' 27. SJ 6°25'49"E 21.69'
20. S36°35'44"E 44.99' 28. S73°31'04"W 119.72'
21. S33°42'54"E 44 .99' 29. Nl 7°38'53"W Ch3 I .53' Rad775.00'.
22. S30°50'03"E 44.99' 30. S71 °ll'll"W 174.28'
23. S27°57'12"E 44.99' 31. N20°57'4l"W 21.62'
24. S25°04'22"E 44.99' 32. S69°02'19"W 147.40'
• :-OWNER POLICY OF TITLEINSURANCE
. . . Issued by . .
. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Policy Number TO 11 8 2 613
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B ANO THE CONDITIONS ANO STIPULATIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY,
a Minnesota corporation, herein called the Company, insures. as of Date of Policy shown in Schedule A, against
loss or damage, not exceeding the Amount of Insurance stated in Schedule A. sustained or incurred by the insured
by reason of:
1. Tille to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or material having its inception on or before Date of Policy;
4. Lack of a right to access to and from the land;
5. Lack of good and indefeasible title.
The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only lo the extent provided in the Conditions
and Stipulations.
IN WITNESS HEREOF, the OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has caused this policy to be executed by its President under the seal of
the Company, but this policy is to be valid only when it bears an authorized countersignature, as of the date set forth in Schedule A.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this poHcy and the Company will nol pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use. or enjoyment of the land; (iQ the character, dimensions or location ol any improvement
now or hereafter erected on the land; QiQ a separation in ownership or a change in the dimensions or area of the land or any parcel of which the
land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws. ordinances or governmental regulations, except to
the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date of Policy.
(b) Arrj governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking that has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy;
(e) resulting in loss or damage that would not have been sustained if the insured claimant had paid value for the estate or interest insured by this
policy.
4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of
unmarketability of the title.
5. Any claim which arises out of the transaction vesting in the person named in paragraph 3 of Schedule A the estate or interest insured by this policy, by
reason of the operation of federal bankruptcy, state insolvency, or other state or federal creditors' rights laws that is based on either (ij the transaction
creating the estate or interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent transfer or a voidable distribution or voidable
dividend, 00 the subordination or recharacterization of the estate or interest insured by this Policy as a result of the application or the doctrine or
equitable subordination or OiO the transaction creating the estate or interest insured by this Policy being deemed a preferential transfer except where the
preferential transfer results from the failure of the Company or its issuing agent to timely file for record the instrument of transfer to the insured after
delivery or the failure of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
Issued through the Office ol"
AGGIELAND TITLE COMPANY
3740 Copperfield Dr~ Suite 101/Bryan, Texas 77802
P.O. Box 4233/Bryan, Texas 77805
Phone: (979) 731-8400 •Fax: (979) 731-8408 ...
: %_ ·: OLD REPUBLIC TITLE . . . . .
~~u~~
FORM T· 1: OWNER POLICY (EffECTIVE 4!02)
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
(612)371-1111 •
.. ·.~ · ...
By President
A/lest Seetetary
CONDITIONS AND STIPULATIONS
.. 1. , Definition of Terms.
The following terms when used in this policy mean:
~a) "insured": the insured named in Schedule A, and, subject to
?ny rights or defenses the Company would have had againsl the named
insure~. those who s~c~eed_ to the interest of the named insured by
~p~rat1on of l?W a~ d1?tmguished from purchase including, but not
limited to, heirs, d1stnbu\ees. devisees, survivors, personal
representatives, next of_ km, or ~orpor~te~ p~rtnership or fiduciary
successors! and spec1f1cally, "."lt_hout hm1tation, the following: (1~ . the ?u~c:essors m m\erest to _a corporation, limited liability
company or hm1ted_ha~1hf¥ partnership resulting from merger or consolidation or
conversion or the d1stnbut1on of the assets of lhe corporation or limited liability
company or _l!mited liability partne~sh!P upon partial or complete liquidation;
. (11) ~h~ suc~es~~rs m interest to a general or limited
parpiers_h1p or limited liab11ity company or limited liability partnership
which dissolves but does not terminate·
(iii) the successors in interest to a general or limited
~a~nership resul~ing from lhe distribution of the assets of the general or
limited part_nersh1p upon partial or complete liquidation;
. . . (1v) the successor~ i~ interest to a joint venture resulting from the
d1str1but1on of the assets of the 1omt venture upon partial or complete liquidation;
(v) the successor or substitute trustee(s) of a trustee named
in a written trust instrument; or
. . . (vi) the successors in interest to a trustee or trust resulting from the
d1stnbut1on of all or part of the assets of the trust to the beneficiaries thereof.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive
knowledge or notice that may be imputed to an insured by reason of the
public records as defined in this policy or any other records which impart
constructive notice of matters affecting the land.
(d) "land": the land described or referred to in Schedule A. and
improvements affixed thereto that by law constitute real property. The term
"land" does not include any property beyond the lines of the area described
or referred to in Schedule A. nor any right, title, interest, estate or easement
in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but
nothing herein shall modify or limit the extent to which a right of access to
and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security
instrument
(0 "public records": records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of matters relating to
real property to purchasers for value and without knowledge. With respect to
Section 1(a) (iv) of the Exclusions From Coverage, "public records" also shall
include environmental protection liens filed in the records of the clerk of the
United States district court for the district in which the land is located.
(g) "access": legal right of access to the land and not the physical
condition of acc.ess. The coverage provided as to access does not assure the
adequacy of access for the use intended.
2. Continuation of Insurance After Conveyance of Tide.
The coverage of this policy shall continue in force as of Date of Policy
in favor of an insured only so long as the insured retains an estate or
interest in the land, or holds an indebtedness secured by a purchase money
mortgage given by a purchaser from the insured, or only so long as the
insured shall have liability by reason of covenants of warranty made by the
insured in any transfer or conveyance of the estate or interest. This policy
shall not continue in force in favor of any purchaser from the insured of
either (Q an estate or interest in the land, or (ii) an indebtedness secured by
a purchase money mortgage given to the insured.
3. Notice of Claim to be Given by Insured Claimant.
The insured shall notify the Company promptly in writing (i) in case of
any litigation as set forth in Section 4(a) below, or (ii) in case knowledge
shall ~omc to an insured hereunder of any claim of title or interest that is
adverse to the tille to the estate or interest, as insured. and that might cause
loss or damage for which the Company may be liable by virtue of this policy.
n prompt notice shall not be given to the Company, then as to the insured
all liability of the Company shall terminate with regard to the matter or
matters for which prompt notice is required; provided, however, that failure to
notily the Company shall in no case prejudice the rights of any insured under
this policy unless the Company shall be prejudiced by the failure and then
only to the extent of the prejudice.
. When, ~er the _date of the policy, the insured notifies the Company as
required herein of a hen, encumbrance, adverse claim or other defect in title
to the estate or interest in the land insured by this policy that is not excluded
~r ex~epted from the coverage of this policy, the Company shall promptly
1nves1tgate the charge to determine whether the lien, encumbrance adverse
clai_m or d_elect is _valid. and n~t ~arred by law or statute. The Co~pany shall
notify the insured m wntmg, within a reasonable time, of its determination as
to the validity or invalidity of the insured's claim or charge under the policy.
If the Company concludes that the lien, encumbrance, adverse claim or
defect is not covered by this policy, or was otherwise addressed in the
closing of the transaction in connection with which this policy was issued,
the Company shall specifically advise the insured of the reasons for its
determination. tt the Company concludes that the lien, encumbrance, adverse
~~m ~r defect is valid, the Company shall take one of the following actions:
(1) !nstitute the necessary proceedings to clear the lien, encumbrance, adverse
~laim or defect _from. the .title I? the _estate as insured; (iij indemnify the
insured as provided in this policy; Q1Q upon payment of appropriate premium
and charges therefor, issue to the insured claimant or to a subsequent
o"'.'ner, _mortgage~ or h~lder_ of the estate or interest in the land insured by
this policy, a policy of title insurance without exception for the lien,
encumbrance, adverse claim or defect, said policy to be in an amount equal
to the current value of the property or, if a mortgagee policy, the amount of
the loan; (iv) indemnify another title insurance company in connection with its
issuance of a policy(ies) of title insurance without exception for the lien,
encumbrance, adverse claim or delect; (v) secure a release or other document
dischar~ing. the lien, encumbrance, adverse claim or defect; or (vQ undertake
a combination of (Q through (v) herein.
4. Defense and Prosecution of Actions: Duty of Insured
Claimant to Cooperate.
~a) ~pan w:itten request by the insured and subject to the options
~ontamed m Sectio~ 6 of these Conditions and Stipulations. the Company, at
its own. cost and without unreasonable delay, shall provide for the defense of
an insured in litigation in which any third party asserts a claim adverse to the
title or interest as insured, but only as to those stated causes of action
alle_ging a defect, lien or encumbrance or other matter in.sured against by this
policy. The Company shall have the right to select counsel of its choice
(subject to the right of the insured to object for reasonable cause) to
represent the insured as to those stated causes of action and shall not be
liable for and will not pay the fees of any other counsel. The Company will
not pay any fees, costs or expenses incurred by the insured in the defense
of those causes of action that allege matters not insured against by this policy.
(b) The Comp~ny shall have the right, at its own cost. to institute and
prosecute any action or proceeding or to do any other act that in its opinion
may be necessary or desirable to establish the title to the estate or interest
as insured, or to prevent or reduce loss or damage to !tie insured. The '
Company may take any appropriate action under the terms of this policy,
whether or not it shall be liable hereunder, and shall not thereby concede
liability or waive any provision of this policy. n the Company shall exercise its
rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed
a defense as required or permitted by the provisions of this policy, the
Company may pursue any litigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in its sole discretion,
to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding, the insured
shall secure to the Company the right to so prosecute or provide defense in
the acti?n or proceeding, and all a~peals therein, and permit the Company to
use, at its option. the name of the insured for this purpose. Whenever
r~uested by the Company, the insured. at th~ Company's expense, shall
give the Com~a~y all _reasonable aid (Q in any action or proceeding, securing
evidence. obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement. and (ii) in any other lawful acl that in the
opinion of the Company may be necessary or disirable to establish the title
to the estate or interest as insured. H the Company is prejudiced by the
failure of the insured to furnish the required cooperation, the Company's
obligations to the insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any litigation. with
regard to the matter or matters requiring such cooperation.
(Continued on inside back covel)
.5. Proof of Loss or Damage.
In ~d~ition to and after the notices required under Section 3 of these
Conditions and Stipulations have been provided the Company, a proof of loss
• or itlmage signed and sworn to by the insured claimant shall be furnished to
lhe Company within 91 days after the insured claimant shall ascertain the
facts giving rise to the loss or damage. The proof of loss or damage shall
describe the defect in, or lien or encumbrance on the title, or other matter
insured against by this policy that constitutes the basis of loss or damage
and shall stale, lo lhe extent possible, the basis of calculating the amount of
the loss or damage. tt the Company is prejudiced by the failu·e of the
insured claimant to provide the required proof of loss or damage, the
Company's obligations to the insured under the policy shall terminate,
including any liability or obligation to defend. prosecute, or continue any
litigation, with regard to the matter or matters requiring such proof of loss or
damage.
In addition, the insured claimant may reasonably be required to submit
to examination under oath by any authorized representative of the Company
and shall produce for examination. inspection and copying, al such
reasonable limes and places as may be designated by any authorized
representative of the Company, all records, books, ledgers, checks,
correspondence and memoranda, whether bearing a date before or after Date
of Policy, which reasonably pertain to the loss or damage. Further. if
requested by any authorized representative of the Company, the insured
claimant shall grant its permission, in writing, for any authorized
representative of the Company to examine, inspect and copy all records,
books, ledgers, checks, correspondence and memoranda in the custody or
control of a third party, which reasonably pertain to the loss or damage. All
information designated as confidential by the insured claimant provided to the
Company pursuant to this Section shall not be disclosed to others unless, in
the reasonable judgment of the Company, it is necessary in the
administration of the claim. Failure of the insured claimant to submit for
examination under oath, produce other reasonably requested information or
grant permission to secure reasonably necessary information from third
parties as required in this paragraph shall terminate any liability of the
Company under this policy as to that claim.
6. Op/ions to Pay or Otherwise Settle Claims: Termination of
liability.
In case of a claim under this policy. the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under this policy,
together with any costs. attorneys' fees and expenses incurred by the insured
claimant which were authorized by the Company, up to the time of payment
or tender of payment and which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations to the insured under this policy. other than to make the payment
required, shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, and the policy shall be surrendered to
the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of
an insured claimant any claim insured against under this policy, together with
any costs, attorneys' fees and expenses incurred by the insured claimant.
which were authorized by the Company up to the time of payment and which
the Company is obligated to pay; or
Oi) to pay or otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs. attorneys'
fees and expenses incurred by the insured claimant, which were authorized
by the Company up to the time of payment and which the Company is
obligated to pay.
Upon the exercise by the Company of either of the options provided for
in paragraphs (b) (i) or (ii), the Company's obligations to the insured under
this policy for the claimed loss or damage, other than the payments required
to be made, shall terminate, including any liability or obligation to defend,
prosecute or continue any litigation.
7. Determination, Extent of liability and Coinsurance.
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered loss
or damage by reason of matters insured against by this policy and only to
the extent herein described.
(a) "Pie liability of the Company under this policy shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A; or
Oi) the difference between the value of the insured estate or interest
as insured and the value of the insured estate or interest subject to lhe
defect, lien ·or encumbrance insured against by this policy at the date the
insured claimant is required to furnish to Company a proof of loss or
damage in accordance with Section 5 of these Conditions and Stipulations.
(b) In the event the Amount of Insurance stated in Schedule A at the
Date of Policy is less than 80 percent of the value of the insured estate or
interest or the full consideration paid for the land, whichever is less, or if
subsequent to the Date of Policy an improvement is erected on the land
which increases the value of the insured estate or interest by at least 20
percent over the Amount of Insurance stated in Schedule A. then this Policy
is subject to the following:
0) where no subsequent improvement has been made, as to any
partial loss. the Company shall only pay the loss pro rata in lhe proportion
that the amount of insurance at Date of Policy bears to the total value of the
insured estate or· interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as to any
partial loss. the Company shall only pay the loss pro rata in the proportion
that 120 percent of the Amount of Insurance stated in Schedule A bears to
the sum of the Amount of Insurance stated in Schedule A and the amount
expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees
and expenses for which the Company is liable under lhis policy, and shall
only apply to that portion of any loss which exceeds, in the aggregate. 10
percent of the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, atlorneys' fees and
expenses incurred in accordance with Section 4 of these Conditions and
Stipulations.
8. Apportionment.
If the land described in Schedule A consists of two or more parcels that
are not used as a single site, and a loss is established affecting one or more
of the ·parcels but not all, the loss shall be computed and settled on a pro
rata basis as if the amount of insurance under this policy was divided pro
rata as to the value on Date of Policy of each separate parcel to the whole,
exclusive of any improvements made subsequent to Date of Policy, unless a
liability or value has otherwise been agreed upon as to each parcel by the
Company and the insured at the time of the issuance of this policy and
shown by an express statement or by an endorsement attached to this
policy.
9. Limitation of liability.
(a) If the Company establishes the title, or removes the alleged defect,
lien or encumbrance, or cures the lack of a right of access to or from the
land, all as insured, or takes action in accordance with Section 3 or Section
6, in a reasonably diligent manner by any method, including litigation and the
completion of any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss or
damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or
with the Company's consent. the Company shall have no liability for loss or
damage until there has been a ii11di d;;termination by a court of competent
jurisdiction, and disposition of all appeals therefrom, adverse to the title as
insured.
(c) The Company shall not be liable for loss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim or suit
without the prior written consent of the Compariy.
10. Reduction of Insurance: Reduction or Termination of liability.
All payments under this policy, except payments made for costs. attorneys'
fees and expenses, shall reduce the amount of the insurance pro tanto.
11. Liability Noncumulative.
II is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy
insuring a mortgage to which exception is taken in Sclledule B or to which
the insured has agreed, assumed, or taken subject CM' which is hereafter
executed by an insured and which is a charge or lien on the estate or
interest described or referred to in Schedule A, and the amount so paid shall
be deemed a payment under this ~licy to the insured owner.
(Continued on back cover)
..... l-.·-· -~f"' ••
12. Payment of Loss.
(a) No payment shall be made without producing this policy for
endorsement of the payment unless the policy has been lost or destroyed, in
which case proof of loss or destruction shall be furnished to the satisfaction
of the Company.
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or
damage shall be payable within 30 days thereafter.
13. Subrogation Upon Payment or Settlement.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by any
act of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies that the insured claimant would have had against any person or
property in respect to the claim had this policy not been issued. If requested
by the Company, the insured claimant shall transfer to the Company all rights
and remedies against any person or property necessary in order to perfect
this right of subrogation. The insured claimant shall permit the Company to
sue, compromise or settle in the name of the insured claimant and to use
the name of the insured claimant in any transaction or litigation involving
these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and
remedies in the proportion that the Company's payment bears to the whole
amount of the loss.
II loss should result from any act of the insured claimant. as stated
above, that act shall not void this policy, but the Company, in that event,
shall be required to pay only that part of any losses insured against by this
policy that shall exceed the amount, H any, lost to the Company by reason of
the impairment by the insured claimant of the Company's right of ·
subrogation.
(b) The Company's Rights Against Non-Insured Obligors.
The Company's right of subrogation against non-insured obligors shall
exist and shall include. without limitation, the rights of the insured to
indemnities, guaranties, other policies of insurance or bonds, notwithstanding
any terms or conditions contained in those instruments that provide for
subrogation rights by reason of this policy.
14. Arbilration.
Unless prohibited by applicable law or unless this arbitration section is
deleted by specific provision in Schedule B of this policy, either the Company
or the insured may demand arbitration pursuant to the Tille Arbitration Rules
or the American Arbitration Association. Arbitrable matters may include. but
are not limited to, any controversy or claim between the Company and the
Insured arising out of or relating to this policy, any service of the Company
in connection with its issuance or the breach of a policy provision or other
obligation. All arbitrable matters when the Amount of Insurance is $1,000,000
or less SHALL BE arbitrated at the request of either the Company or the
Insured, unless the insured is an individual person (as distinguished from a
corporation. trust. partnership, association or other legal entity). All arbitrable
matters when the Amount of Insurance is in excess of $1,000,000 shalt be
arbitrated only when agreed to by both the Company and the Insured.
Arbitration pursuant to this policy and under the Rules in effect on the date
the demand for arbitration is made or, at the option of the insured, the Rules
in effect at Date of Policy shall be binding upon the parties. The award may
incfude attorneys' fees only if the laws of the slate in which the land is
located permit a court to award attorneys' fees to a prevailing party.
Judgment upon the award rendered by the Arbitralo~s) may be entered in
any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. Liability Limited to This Policy: Policy Entire Contract.
(a) This policy together with all endorsements, if any, attached hereto
by the Company is the entire policy and contract between the insured and
the Company. In interpreting any provision of this policy, this policy shall be
construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence,
and which arises out of the status of the title to the estate or interest
covered hereby or by any action asserting such claim, shall be restricted to
this policy.
(c) No amendment of or endorsement lo this policy can be made
except by a writing endorsed hereon or attached hereto signed by either the
President. a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
16. Severability.
In the event any provision of the policy is held invalid or unenforceable
under applicable law. the policy shall be deemed not to include that
provision, and all other provisions shall remain in full force and effect.
17. Notices, Where Sent.
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall include the number of
this policy and shall be addressed to the Company at: Home OHice:
400 Second Avenue South, Minneapolis, Minnesota 55401.
COMPLAINT NOTICE. Should any dispute arise about your premium or
about a claim that you have filed, contact the agent or write to the Company
that issued the policy. If the problem is not resolved, you also may write the
Texas Department of Insurance, P.O. Box 149104, Austin, TX 78714-9104,
Fax No. (512) 305-7426 or call toll-free at 1-800-252-3439. This notice of
complaint procedure is for information only and does not become a part or
condition of this policy. OLD REPUBLIC NATIONAL TITLE INSURANCE
COMPANY may be contacted toll-free at 1-888-678-1700 for information
concerning this policy or to submit a policyholder complaint.
FOR INFORMATION, OR TO MAKE A COMPLAINT, CALL: 1-888-678-1700
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OWNER POLICY OF TITLE INSURANCE
SCHEDULE A
G.F. No. 21282
Policy No. TO 1182613
Amount of Insurance: $3,403,842.00
Premium: $16,728.00
Date of Policy: December 19, 2005, 10:22 am
1. Name of Insured: Creek Meadows Partners, L.P.
2. The estate or interest in the land that is covered by this policy is: Fee Simple
3. Title to the estate or interest in the land is insured as vested in: Creek Meadows Partners, L.P.
4. The land referred to in this policy is descnbed as follows:
Tract One:
All that certain tract or parcel of land, lying and being situated in the SAMUEL DAVIDSON LEAGUE, Abstract
No. 13 in Brazos County, Texas, and being a portion of a called 262.55 acre tract described as seven-tracts by an
Estate Deed from Betty V. Goss, B. F. Vance, Jr. and William R. Vance to VRV partners, recorded in Volume 1175,
page 653 of the Official Records of Brazos County, Texas (O.R.B.C.); all of a called 1 acre tract described by a
Quitclaim Deed from L. G. Jones to Vonnie Ray Vance recorded in Volume 509, page 786 of the Deed Records of
Brazos County, Texas, (B.C.D.R.); a portion of a called 102.00 acre tract described by a Gift Deed from Vonnie Ray
Vance to Betty V. Goss, B. F. Vance, Jr. and William R. Vance, Trustees of the VRV Trust, recorded in Volume
1020, page 325 (O.R.B.C.); a portion of a called 1 acre tract described by a Deed from Gus Roy and wife, Hattie Roy
to B. F. Vance, recorded in Volume 163, page 69 (B.C.D.R.); and all of a called 2-3/5 acre tract described by a Deed
from William H. Phelps and Rela May Rayon and husband Chester Rayon, to B. F. Vance, recorded in Volume 177,
page 309 (B.C.D.R.) and being more particularly described by metes and bounds as follows:
BEGINNING at a 3/8-inch iron rod found bent marking the wet corner of Lot 8, Wellborn Oaks, according to the
plat recorded in Volume 345, Page 635 (B.C.D.R.), said iron rod being in the northeast line of said 1 acre tract
(163/69) and in the southeast right-of-way line of Greens Prairie Road (a county maintained road);
THENCE along the common line of Wellborn Oaks and said 1 acre tract (163/69) and said 262.55 acre tract for the
following five (5) calls:
1) S 49° 13' 20" E for a distance of 411.68 feet to a 3/8-inch iron rod found marking the west corner of Lot 9,
Wellborn Oaks,
2) S 49° 02' 18" E for a distance of 392.33 feet to a 3/8-inch iron rod found marking the west corner of Lot 10,
Wellborn Oaks,
3) S 48° 48' 30" E for a distance of983.70 feet to a 3/8-inch iron rod found marking the west corner of Lot 12,
Wellborn Oaks,
4) S 48° 30' 49" E for a distance of 488.99 feet to a 3/8-inch iron rod found marking the west corner of Lot 13,
Wellborn Oaks and
5) S 48° 09' 51" E for a distance of 388.51 feet to a 5/8-inch iron rod found for corner in the west right of way
line of Greens Prairie Trail (based on a 100-foot width);
THENCE through the said 262.55 acre tract and said 102.00 acre tract and along the west line of Greens Prairie
Trail for the following five (5) calls:
Old Republic National Title Insurance Company Pagel
Continuation of Schedule A Policy No. TO 1182613
1) 819.86 feet in a counter-clockwise direction along the arc of a curve having a central angle of 46° 30' 34", a
radius of 1010.00 feet, a tangent of 434.03 feet and a long chord bearing S 18° 31' 56" Wat a distance of797.54 feet
to a 1/2-incb iron rod set for the Point of Tangency,
2) S 04° 43' 21" E for a distance of 1452.01 feet to a 1/2-inch iron rod set for the Point of Curvature of a curve
to the right,
3) 743.74 feet along the arc of said curve having a central angle of 47° 05' 23", a radius of 904.93 feet, a tangent
of 394.32 feet and a long chord bearing S 18° 49' 20" W at a distance of 722.98 feet to a 1/2-inch iron rod set for the
Point of Tangency,
4) S 42° 22' 02" W for a distance of 194.62 feet to a 1/2-inch iron rod set for the POint of Curvature of a curve
to the right and
5) 1.40 feet along the arc of said curve having a central angle of 2° 17' 25", a radius of 35.00 feet, a tangent of
0.70 feet and a long chord bearing S 43° 30' 45" Wat a distance of 1.40 feet to a fence corner marking the
intersection of the fenced northeast margin ofRoyder Road (a varying width prescriptive right-of-way)
THENCE along the fenced northeast margin of Royder Road for the foIJowing thirteen (13) calls:
1) N 67° 00' 21" W for a distance of 118.80 feet,
2) N 46° 37' 47" W for a distance of 49.98 feet,
3) N 38° 43' 42" W for a distance of374.45 feet,
4) N 39° 09' 45" W for a distance of 66. 70 feet,
5) N 41° 19' 26" W for a distance of 185.58 feet,
6) N 26° 07' 30" W for a distance of24.96 feet,
7) N 73° 21' 29" W for a distance of 18.67 feet,
8) N 75° 19' 02" W for a distance of 19.44 feet to a 36" Post Oak,
9) N 47° 29' 47" W for a distance of 611.80 feet,
10) N 47° 58' 01" W for a distance of385.49 feet,
11) N 49° 00' 00" W for a distance of97.04 feet to a 24" Post Oak,
12) N 47° 23' 35'' W for a distance of 655.50 feet and
13) N 39° 13' 11" W for a distance of 10.56 feet to a set 1/2-inch iron rod in the common line of the said 262.55
acre trace and the called 2-3/5 acre tract described as tract two in a release of lien to Johnny Wilborn and wife, Viola
Wilborn, recorded in Volume 74, page 95 of the Release Records of Brazos County, Texas.
THENCE N 42° 26' 14" E along an interior northwest line of said 262.55 acre tract for a distance of 407.75 feet to a
5/8-inch iron rod set for the east corner of a called 1 acre tract described by a deed to Johnny Wilborn and wife,
Viola Wilborn, recorded in Volume 113, page 361 (B.C.D.R.), and the south corner of the beforementioned Vance 2-
3/5 acre tract;
THENCE N 47° 33' 46" W along the southwest line of said Vance 2-3/5 acre tract for a distance of 555.00 feet to a
5/8-inch iron rod set for the north corner of a called 1-3/5 acre tract described by a deed to A. D. Tolbert, recorded in
Volume 1012, page 621 (B.C.D.R.) and the south corner of a called 9 acre tract as described by a deed to Edsel G.
Jones, recorded in Volume 203, Page 155 (B.C.D.R.);
THENCE N 42° 26' 14" E along the southeast line of said 9 acre tract for a distance of 630.00 feet to a rock found
marking the east corner of said 9 acre tract and an interior west corner of said 262.55 acre tract;
THENCE N 47° 33' 46" W along the common line of said 9 acre tract and said 262.55 acre tract for a distance of
630.00 feet to a 5/8-inch iron rod in the southeast line of the beforementioned Vance 1 acre tract marking the north
corner of said 9 acre tract;
THENCE S 42° 26' 14" W along the northwest line of said 9 acre tract for a distance of117.33 feet to a 5/8-inch iron
rod set for the south corner of a called 1 acre tract as described by a deed to Tommie Townsend and wife, Lessiebell
Townsend, recorded in Volume 94, page 404 (B.C.D.R.);
Old Republic National Title Insurance Company Page2
Continuation of Schedule A Policy No. TO 1182613
THENCE N 47° 33' 46" W along the common line of said Townsend and Vance 1 acre tracts for a distance of 209.00
feet to a 5/8-inch iron rod set for the east corner of a called 1 acre tract described by a deed to Tommie Townsend
recorded in Volume 120, page 217 (B.C.D.R.) and a southwest corner of a called remainder of a 1 acre tract as
described by a deed to Walter Hudlin, Will Hudlin and wife, Mary E. Hudlin, recorded in Volume 221, page 153
(B.C.D.R.);
THENCE N 42°26'14" E along the common line of said Vance 1 acre tract and said Hudlin tract for a distance of
22.17 feet to a 5/8-inch iron rod set for the east corner of a called 0.622 acre tract as described by a deed to Andrew
Chambers and wife, Tommie Dell Chambers, recorded in Volume 562, page 476 (B.C.D.R.), for reference a 112-inch
iron rod found marking the west corner of said 0.622 acre tract bears N 49° 10' 54 W at a distance of 49.64 feet;
THENCE along the common line of said 0.622 acre tract and said Vance 1 acre tract for the following two (2) calls:
1) S 49° 10' 54" E for a distance of 51.62 feet to a 1/2-inch iron rod found and
2) N 40° 58' 56" E for a distance of 262.73 feet to a 1/2-inch iron rod found bent;
THENCE N 41° 42' 31" W for a distance of 100.00 feet to a point in the centerline of a private road;
THENCE along said private road for the following two (2) calls:
1) N 37° 25' 18" W for a distance of 97.02 feet to a point and
2) N 44° 10' 49" W for a distance of 213.79 feet to a 5/8-inch iron rod set in the southeast line of said Greens
Prairie Road (a County maintained Public Road);
THENCE N 43° 08' 29" E along the southeast line of said Greens Prairie Road for a distance of 1233.11 feet to the
POINT OF BEGINNING and containing 171.043 acres of land, more or less.
Tract Two:
All that certain tract of land lying and being situated in the JESSE BLEDSOE SURVEY, Abstract No. 71, and the
SAMUEL DAVIDSON LEAGUE, Abstract No. 13, Brazos County, Texas. Said tract being a portion of a called
262.55 acre tract described as Tract Seven by a Deed to VRV Partners recorded in Volume 1175, page 653 of the
Official Records of Brazos County, Texas, and a portion or a called 102 acre tract as described by a deed to Betty V.
Goss, B. F. Vance, Jr. and William R Vance, Trustees of the VRV Trust, recorded in Volume 1020, page 325 of the
Official Records of Brazos county, Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod found on the southwest line of Woodlake Subdivision, Section One, according to
the Plat recorded in Volume 410, page 415 of the Deed Records of Brazos County, Texas, said iron rod found
marking the east corner of said 262.55 acre tract and the north corner of a called 50 acre tract as described by a deed
to Mary Turner and Wanda Goss, recorded in Volume 2327, page 107 of the Official Public Records of Brazos
County, Texas;
THENCE S 42° 23' 18" W along the common line of said 262.55 acre tract and said 50 acre tract for a distance of
2583.88 feet to a 5/8 inch iron rod found on the fenced northeast line of Royder Road;
THENCE along the fenced northeast line of Royder Road for the following calls:
N 49° 54' 12" W for a distance of 162. 76 feet to a point;
N 53° 19' 39" W for a distance of 231.81 feet to a point;
Old Republic National Title Insurance Company Page3
Continuation of Schedule A Policy No. TO 1182613
N 54° 27' 00" W for a distance of 149.54 feet to a point;
N 51° 59' 03" W for a distance of 261.98 feet to a 5/8 Inch iron rod set on the easterly line of Greens Prairie
Trail, marking the beginning of a clockwise curve having a Radius of 35.00 feet;
THENCE Along the easterly line of Greens Prairie Trail for the following calls:
Along said curve through a central angle of 93° 58' 27" for an arc distance of 57.41 feet (Chord bears: N 04°
37' 12" W -51.18 feet) to a 5/8 inch iron rod set marking the ending point of said curve.
N 42° 22' 02" E for a distance of 182.81 feet to a 5/8 inch iron rod set marking the beginning of a
counterclockwise curve having a Radius of 1004.93 feet;
Along said curve through a central angle of 47° 05' 23" for an arc distance of 825.92 feet (Chord Bears: N
18° 49' 20" E -802.87 feet) to a 5/8 inch iron rod set marking the ending point of said curve;
N 04° 43' 21" W for a distance of 1452.01 feet to a 5/8 inch iron rod set marking the beginning of a clockwise
curve having a Radius of910.00 feet;
Along said curve through a Central Angle of 46° 35' 16" for an arc distance of 739.93 feet (Chord Bears: N
18°34'17" E-719.71 feet) to a point on the southwest line of Woodlake Subdivision, Section One, marking the north
corner of this herein described tract:
THENCE Along the common line of said 262.55 acre tract and Woodlake Subdivision, Section One, for the following
calls:
S 48° 47' 53" E for a distance of339.63 feet to a 3/8 inch iron pipe found;
S 48° 28' 25" E for a distance of 411.75 feet to a 1/2 inch iron rod found;
S 49° 07' 32" E for a distance of 430.31 feet to a 1/2 inch iron rod found;
S 49° 00' 25" E for a distance of 554.20 feet to a 3/8 inch iron pipe found;
S 48° 41' 19" E for a distance of 621.03 feet to a 1/2 inch iron rod found;
S 48" 03' 04" E for a distance of 159.58 feet to the POINT OF BEGINNING, containing 96.00 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 No. 2 of
ScbeduleB.
Old Republic National Title Insurance Company Page 4
OWNER POLICY OF TITLE INSURANCE
SCHEDULEB
G.F. No. 21282
Policy No. TO 1182613
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by
reason of the terms and conditions of the leases or easements insured, if any, shown in Schedule A and the following matters:
1. \. ~d Afhe fellewmg restrieti-1,•e ceYerumts ef reeerd itemiced belew (We m.l:lSt either iBsert specific reeerdiBg data er delete this a eJrneptieB):
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.
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 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.
5. Standby fees, taxes and assessments by any taxing authority for the year 2006, and subsequent years; and subsequent years;
and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but
not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under
Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters CW e must insert matters or
delete this exception.):
a. Vendor's lien retained in deed dated December 15, 2005, recorded in Volume 7068, page 220, of the Official
Records of Brazos County, Texas from VRV Partners, a Texas partnership to Creek Meadows Partners, L.P.
for the benefit of First Victoria National Bank as therein provided and all of the terms, provisions and
conditions of said instrument.
b. Deed of Trust/Security Agreement-Financing Statement dated December 15, 2005, recorded in Volume 7068,
page 227, of the Official Records of Brazos County, Texas executed by Creek Meadows Partners, L.P. to
Timothy C. Jones, Trustee, for the benefit of First Victoria National Bank as therein provided, and all of the
terms, provisions and conditions of said instrument.
c. Mineral Reservation as set out in deed dated December 15, 2005 from VRV Partners, a Texas partnership to
Old Republic National Title Insurance Company ·Page 1
Continuation of Schedule B Policy No. TO 1182613
Creek Meadows Partners, L.P., recorded in Volume 7068, page 220, Official Records of Brazos County,
Texas. Title to this interest not investigated subsequent to date of said instrument.
d. Easements or claims of easements which are not recorded in the public records of Brazos County, Texas.
e. Any portion of subject property lying within the boundaries of a public or private roadway whether
dedicated or not.
f. The policy will not cover and no liability is assumed for any portion of subject property which lies outside the
perimeter fence of said property.
g. Easement granted to Lone Star Gas Company by A. & M. Consolidated Independent School District as set
out in instrument dated January 8, 1951, recorded in Volume 148, page 479 of the Deed Records of Brazos
County, Texas. (as to that portion out of the 2.7 acre tract, 262/107)
h. Easement granted to Lone Star Gas Company by B. F. Vance as set out in instrument dated March 20, 1951,
recorded in Volume 148, page 491 of the Deed Records of Brazos County, Texas.
i. Easement granted to the City of Bryan by B. F. Vance as set out in instrument dated April 23, 1956, recorded
in Volume 174, page 167 of the Deed Records of Brazos County, Texas. (as to that portion out of the 102 acre
parent tract)
j. Easement granted to Wellborn Water Supply Corporation by Mrs. Vonnie Ray Vance as set out in
instrument dated September 30, 1968, recorded in Volume 273, page 180 of the Deed Records of Brazos
County, Texas.
k. Easement granted to Wellborn Water Supply Corporation by Mrs. Vonnie Ray Vance as set out in
instrument dated July 30, 1971, recorded in Volume 303, page 371 of the Deed Records of Brazos County,
Texas.
I. Easement granted to Seminole Pipeline Company by Vonnie Ray Vance as set out in instrument dated
December 27, 1981, recorded in Volume 508, page 709 oftbe Deed Records of Brazos County, Texas.
m. Easement together with a Relocation Agreement granted to Seminole Pipeline Company by VRV Partners
and the County of Brazos as set out in instrument dated August 26, 1996, recorded in Volume 2690, page 165,
and supplemented in Agreement dated January 6, 1997, recorded in Volume 2751, page 179 of the Official
Public Records of Brazos County, Texas.
n. Easement granted to Wellborn Special Utility District by VRV Partners as set out in instrument dated
October 8, 1999, recorded in Volume 3645, page 276 of the Official Public Records of Brazos County, Texas.
o. Easement granted to Wellborn Special Utility District by VRV Partners as set out in instrument dated March
3, 1999, recorded in Volume 3645, page 284 of the Official Public Records of Brazos County, Texas. (as to
that portion lying within the 102 acre parent tract)
p. Easement granted to Wellborn Special Utility District by VRV Partners as set out in instrument dated March
19, 1999, recorded in Volume 3645, page 286 of the Official Public Records of Brazos County, Texas.
q. Conveyance of mineral & royalty interest from Vonnie Ray Vance to Betty V. Goss, B. J. Vance, Jr. and
William R. Vance as set forth in instrument dated August 1, 1979 , recorded in Volume 430, page 385 of the
Deed Records of Brazos County, Texas. Title to said interest has not been investigated subsequent to date
thereof.
r. Conveyance of mineral interest from Vonnie Ray Vance to Betty V. Goss, B. F. Vance, Jr. and William R.
Old Republic National Title Insurance Company Page2
Continuation of Schedule B Policy No. TO 1182613
Vance as set forth in instrument dated January 31, 1980, recorded in Volume 445, page 12 of the Deed
Records of Brazos County, Texas. Title to said interest has not been investigated subsequent to date thereof.
s. Conveyance of mineral interest from Vonnie Ray Vance to Betty V. Goss, B. F. Vance, Jr. and William R.
Vance as set forth in instrument dated March 12, 1981 , recorded in Volume 476, page 43 of the Deed Records
of Brazos County, Texas. Title to said interest has not been investigated subsequent to date thereof.
t. Memorandum of Oil, Gas and Hydrocarbon Lease dated January 22, 1992, between VRV Partners, a Texas
General Partnership, owner of the surface estate and B. F. Vance, Jr., William R. Vance and Betty Vance
Goss, each individually and as a partner, and WSC Oil & Gas Corporation, recorded in Volume 1427, page
184 of the Official Public Records of Brazos County, Texas. Title to said interest has not been investigated
subsequent to date thereof.
u. There is expressly excluded from coverage hereunder, and this Company does not insure title to oil, gas and
other minerals of every kind and character in, on and under the property herein described.
v. Rights of parties in possession.
Countersigned
Aggieland Title Company
Old Republic National Title Insurance Company Page 3
OJd Republic National Title Insurance Comp
Owner Policy Number: TO 1182613
Premium Amount
I
$16,728.00
Rate Rules
2
1200
3210
0700
0710
Property
Type
3
County
Code
4
41
Liability
5
$3,403 ,842.00
G.F. No. 21282
any
Date
6 7 8
12119/2005
GF Number: 00090644
Effective Date: January 27, 2009
STA TE OF TEXAS
COUNTY OF BRAZOS
NOTHING FURTHER CERTIFICATE
THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos CoUtty, Texas as they
are reflected in the geographically indexed title plant of University Title Company as to the following property, ta
wit:
Being an that tract of land in Brazos County, Texas, out of the Samuel Davidson League, A-13
Survey and a part of the Jesse Bledsoe Survey, A-71, consisting of the following tracts recorded in
the Deed Records of Brazos County, Texas:
Part of that called First Tract of200 acres described in a Deed to B. F. Vance recorded in Volume
142, Page 273, all of that called Second Tract of 50.6 acres described in said Volume 142, Page 273,
all of that called 2.6 acres described in Volume 177, Page 309, all of that called 6 acres described in
Volume 152, Page 234, that 1 acre described in Volume 210, Page 148, that 1.25 acres described in
Volume 187, Page 522, that 1 acre described in Volume 282, Page 601, part of that 1 acre described
in Volume 509, Page 786, that 2.7 acres described in Volume 262, Page 107, all of that tract
described in Volume 163, Page 69, part of that 102.0 acres described in a Deed to Betty V. Goss, B.
F. Vance, Jr. and William R. Vance, Trustees of the VRV Trust recorded in Volume 1020, Page 325
of the Deed Records of Brazos County, Texas, and being further described as follows:
BEGINNING at a 5/8" steel rod found in Royder Road, being the West corner of said 200 acres;
THENCE North 42 degrees 26 minutes 14 seconds East, 420.00 feet to a 5/8 inch steel rod found for
corner;
THENCE North 47 degrees 33 minutes 18 seconds West, 555.34 feet to a 5/8 inch steel rod found
for corner;
THENCE North 42 degrees 30 minutes 52 seconds East, 629.86 feet to a rock found for corner;
THENCE North 47 degrees 33 minutes 26 seconds West, 630.51 feet to a 5/8 inch steel rod found
for corner;
THENCE South 42 degrees 26 minutes 14 seconds West, 117.33 feet to a 5/8 inch steel rod found
for corner;
THENCE North 47 degrees 33 minutes 46 seconds West, 209.00 feet to a 5/8 inch steel rod found
for corner;
THENCE North 42 degrees 26 minutes 14 seconds East, 22.17 feet to a 5/8 inch steel rod found for
corner;
THENCE South 49 degrees 10 minutes 54 seconds East, 51.62 feet to a 5/8 inch steel rod found for
corner;
THENCE North 40 degrees 58 minutes 56 seconds East, 262.73 feet to a 112 inch steel rod (bent)
found for corner;
THENCE North 41 degrees 42 minutes 31 seconds West, 100.00 feet to a 5/8 inch steel rod found
for corner;
THENCE North 37 degrees 25 minutes 18 seconds West, 97.02 feet to a 5/8 inch steel rod found for
corner'
THENCE North 44 degrees 09 minutes 00 seconds West, 213.79 feet to a cotton spindle found for
corner on the Southeast line of Greens Prairie Road West;
THENCE North 43 degrees 08 minutes 28 seconds East, 1233.00 feet along Greens Prairie Road
West to a 3/8 inch steel road (bent) found for corner;
THENCE South 49 degrees 13 minutes 20 seconds East, 411.68 feet to a 3/8 inch steel rod found at
the South corner of Lot 8, Wellborn Oaks recorded in Volume 345, Page 635 of the Deed Records
of Brazos County, Texas;
THENCE South 49 degrees 02 minutes 18 seconds East, 392.33 feet to a 3/8 inch steel rod found at
the South corner of Lot 9, Wellborn Oaks;
THENCE South 48 degrees 48 minutes 30 seconds East, 983. 70 feet to a 3/8 inch steel rod found at
the South corner of Lot 11, Wellborn Oaks;
THENCE South 48 degrees 30 minutes 49 seconds East, 488.99 feet to a 3/8 inch steel rod found at
the South corner of Lot 12, Wellborn Oaks;
THENCE South 48 degrees 09 minutes 51 seconds East, 388.37 feet to a 1/2 inch steel rod set on the
West line of Greens Prairie Trail (100' R.O.W.);
THENCE Southwesterly, 820.18 feet along a nontangent curve to the left in Greens Prairie Trail
having a radius of 1010.00 feet and a central angle of 46 degrees 31 minutes 40 seconds (Chord
bears South 18 degrees 32 minutes 29 seconds West, 797.83 feet) to a 5/8 inch steel rod found at the
point of tangency;
TEHNCE South 04 degrees 43 minutes 21 seconds East, 1452.01feettoa5/8 inch steel rod found at
a point of curve;
THENCE Southwesterly, 743.74 feet along a curve to the right of Greens Prairie Trail having a
radius of 904.93 feet and a central angle of 47 degrees 05 minutes 23 seconds (Chord bears South
18 degrees 49 minutes 20 seconds West, 722.98 feet) to a 5/8 inch steel rod found at the point of
tangency;
THENCE South 42 degrees 22 minutes 02 seconds West, 194.62 feet to a 5/8 inch steel rod found at
a point of curve;
THENCE Southwesterly, 52.55 feet along a curve to the right having a radius of 35.00 feet and a
central angle of 86 degrees 01 minutes 33 seconds (Chord bears South 85 degrees 22 minutes 48
seconds West, 47.75 feet) to a 5/8 inch steel rod found for corner;
THENCE South 44 degrees 52 minutes 55 seconds West, 24.00 feet to a point near the center of
Royder Road (gravel);
THENCE generally with the center ofRoyder Road as follows:
North 45 degrees 56 minutes 20 seconds West, 94.15 feet to point;
North 41 degrees 08 minutes 28 seconds West, 181.52 feet to a point;
North 38 degrees 13 minutes 13 seconds West, 287.27 feetto a point;
North 40 degrees 13 minutes 39 seconds West, 121.73 feet to a point;
North 47 degrees 29 minutes 30 seconds West, 112.50 feet to a point;
North 47 degrees 33 minutes 46 seconds West, 1775.11 feet to the Point of Beginning, containing
171.851 acres ofland.
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.
and that our records reflect that the following is a true and correct list of documents affecting title tothe real property
described supra between the dates of December 15, 2005 and January 27, 2009:
Vendor's Lien retained in Deed:
Grantor: VRV Partners, a Texas partnership
Grantee: Creek Meadows Partners, L.P.
Dated: December 15, 2005
Recorded: Volume 7068, Page 220, Official Records, Brazos County, Texas.
Additionally secured by Deed of Trust:
Grantor: Creek Meadows partners, L.P.
Trustee: Timothy C. Jones
Amount: $2,975,000.00
Beneficiary: First Victoria National Bank
Dated: December IS, 2005
Recorded: Volume 7068, Page 277, Official Records, Brazos County, Texas.
Extension:
Dated: December 15, 2007
Recorded: Volume 8438, Page 186, Official Records, Brazos County, Texas.
Deed of Trust to secure a Note:
Gran tor:
Trustee:
Beneficiary:
Amount:
Dated:
Recorded:
Extension:
Dated:
Recorded:
Creek Meadows Partners, L.P.
Timothy C. Jones
First Victoria National Bank
$636,250.00
January 23, 2007
Volume 7796, Page 94, Official Records, Brazos County, Texas.
December 15, 2007
Volume 8438, Page 175, Official Records, Brazos County, Texas.
Deed of Trust to secure a Note:
Grantor: Creek Meadows Partners, L.P.
Trustee: Timothy C. Jones
Beneficiary: First Victoria National Bank
Amount: $4,835,000.00
Dated: January 27, 2007
Recorded: Volume 7796, Page UO, Official Records, Brazos County, Texas.
Financing Statement:
Debtor: Creek Meadows Partners, L.P.
Secured Party: First Victoria National Bank
Dated: January 31, 2007
Recorded: Under File No. 07-0003565844 with the Texas Secretary of State.
Affidavit of Commencement
From:
To:
Dated:
Recorded:
Easement:
From:
To:
Dated:
Recorded:
Plat:
Creek Meadows Partners, L.P.
The Public
February 2, 2007
Volume 7832, Page 278, Official Records, Brazos County, Texas.
Creek Meadows Partners, L.P.
City of College Station
March 13, 2007
Volume 7863, Page 72, Official Records, Brazos County, Texas.
From: Creek Meadows Partners, L.P.
To: The Public
Dated: April 5, 2007
Recorded: Volume 8028, Page 248, Official Records, Brazos County, Texas. (COVERS A PORTION OF
SUBJECT PROPERTY)
Deed of Trust to secure a Note:
Grantor: Creek Meadows Partners, L.P.
Trustee: Timothy C. Jones
Beneficiary: First Victoria National Bank
Amount: $227,000.00
Dated: April 5, 2007
Recorded: Volume 7932, Page 77, Official Records, Brazos County, Texas. (COVERS A PORTION OF
SUBJECT PROPERTY)
Extension:
Dated: December 15, 2007
Recorded: Volume 8398, Page 88, Official Records, Brazos County, Texas.
Vendor's Lien retained in Deed:
Grantor: Creek Meadows Partners, L.P.
Grantee: Creek Meadows Properties, L.P.
Dated: April 25, 2007
Recorded: Volume 7952, Page 237, Official Records, Brazos County, Texas. (COVERS A PORTION OF
SUBJECT PROPERTY)
Additionally secured by Deed of Trust:
Grantor: Creek Meadows Properties, L.P.
Trustee: Nigel J. Harrison
Amount $3,931,116.00
Beneficiary: First Community Bank The Woodlands
Dated: April 25, 2007
Recorded: Volume 7952, Page 247, Official Records, Brazos County, Texas. (COVERS A PORTION OF
SUBJECT PROPERTY)
Restrictions:
From:
To:
Dated:
Recorded:
Creek Meadows Partners, L.P.
The Public
November 13, 2007
Volume 8325, Page 198, Official Records, Brazos County, Texas.
Deed of Trust to secure a Note:
Grantor: Creek Meadows Partners, L.P.
Trustee: Timothy C. Jones
Beneficiary: First Victoria National Bank
Amount: $600,000.00
Dated: December 21, 2007
Recorded: Volume 8398, Page 48, Official Records, Brazos County, Texas. (COVERS A PORTION OF
SUBJECT PROPERTY)
Deed of Trust to secure a Note:
Grantor: Creek Meadows Partners, L.P.
Trustee: Timothy C. Jones
Beneficiary: First Victoria National Bank
Amount: $1,214,487.00
Dated: December 21, 2007
Recorded: Volume 8398, Page 70, Official Records, Brazos County, Texas. (COVERS A PORTION OF
SUBJECT PROPER TY)
Deed of Trust to secure a Note:
Grantor: Creek Meadow Properties, L.P.
Trustee: Nigel J. Harrison
Beneficiary: First Community Bank The Woodlands
Amount: $140,000.00
Dated: January 24, 2008
Recorded: Volume 8459, Page 78, Official Records, Brazos County, Texas. (COVERS A PORTION OF
SUBJECT PROPERTY)
Restrictions:
From:
To:
Dated:
Recorded:
Creek Meadows Partners, L.P.
The Public
November 13, 2008
Volume 8869, Page 262, Official Records, Brazos County, Texas.
NOT REFLECTED HEREIN ARE NUMEROUS DOCUMENTS PERTAINING TO VARIOUS LOTS NOW
PART OF PLA TIED SUBDIVISIONS.
This certificate is issued with the express understanding, evidenced by the acceptanceof same that the undersigned
does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply
reporting briefly herein as to the instruments listed above found of record pertaining to said property, am it is
expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of
this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments
or conflicts.
University Title Company
GF Number: 00090644
Effective Date: April 27, 2009
STATE OF TEXAS
COUNTY OF BRAZOS
NOTHING FURTHER CERTIFICATE
THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos Coun¥, Texas as they
are reflected in the geographically indexed title plant of University Title Company as to the following property, te
wit:
Being all that tract of land in Brazos County, Texas, out of the Samuel Davidson League, A-13
Survey and a part of the Jesse Bledsoe Survey, A-71, consisting of the following tracts recorded in
the Deed Records of Brazos County, Texas:
Part of that called First Tract of 200 acres described In a Deed to B. F. Vance recorded In Volume
142, Page 273, all of that called Second Tract of S0.6 acres described in said Volume 142, Page 273,
all of that called 2.6 acres described in Volume 177, Page 309, all of that called 6 acres described in
Volume 152, Page 234, that 1 acre described in Volume 210, Page 148, that 1.25 acres described in
Volume 187, Page 522, that 1 acre described in Volume 282, Page 601, part of that 1 acre described
in Volume 509, Page 786, that 2.7 acres described in Volume 262, Page 107, all of that tract
described in Volume 163, Page 69, part of that 102.0 acres described in a Deed to Betty V. Goss, B.
F. Vance, Jr. and William R. Vance, Trustees of the VRV Trust recorded in Volume 1020, Page 325
of the Deed Records of Brazos County, Texas, and being further described as follows:
BEGINNING at a 5/8" steel rod found in Royder Road, being the West corner of said 200 acres;
THENCE North 42 degrees 26 minutes 14 seconds East, 420.00 feet to a 5/8 inch steel rod found for
corner;
THENCE North 47 degrees 33 minutes 18 seconds West, 555.34 feet to a 5/8 inch steel rod found
for corner;
THENCE North 42 degrees 30 minutes 52 seconds East, 629.86 feet to a rock found for corner;
THENCE North 47 degrees 33 minutes 26 seconds West, 630.51 feet to a 5/8 inch steel rod found
for corner;
THENCE South 42 degrees 26 minutes 14 seconds West, 117.33 feet to a 5/8 inch steel rod found
for corner;
THENCE North 47 degrees 33 minutes 46 seconds West, 209.00 feet to a 5/8 inch steel rod found
for corner;
THENCE North 42 degrees 26 minutes 14 seconds East, 22.17 feet to a 5/8 inch steel rod found for
corner;
THENCE South 49 degrees 10 minutes 54 seconds East, 51.62 feet to a 5/8 inch steel rod found for
corner;
THENCE North 40 degrees 58 minutes 56 seconds East, 262.73 feet to a 112 Inch steel rod (bent)
found for corner;
THENCE North 41 degrees 42 minutes 31 seconds West, 100.00 feet to a 518 inch steel rod found
for comer;.
THENCE North 37 degrees 25 minutes 18 seconds West, 97.02 feet to a 5/8 inch steel rod found for
corner'
THENCE North 44 degrees 09 minutes 00 seconds West, 213.79 feet to a cotton spindle found for
corner on the Southeast line of Greens Prairie Road West;
THENCE North 43 degrees 08 minutes 28 seconds East, 1233.00 feet along Greens Prairie Road
West to a 3/8 inch steel road (bent) found for corner;
THENCE South 49 degrees 13 minutes 20 seconds East, 411.68 feet to a 3/8 inch steel rod found at
the South comer of Lot 8, Wellborn Oaks recorded in Volume 345, Page 635 of the Deed Records
of Brazos County, Texas;
THENCE South 49 degrees 02 minutes 18 seconds East, 392.33 feet to a 3/8 inch steel rod found at
the South corner of Lot 9, Wellborn Oaks;
THENCE South 48 degrees 48 minutes 30 seconds East, 983.70 feet to a 3/8 inch steel rod found at
the South corner of Lot 11, Wellborn Oaks;
THENCE South 48 degrees 30 minutes 49 seconds East, 488.99 feet to a 3/8 inch steel rod found at
the South corner of Lot 12, Wellborn Oaks;
THENCE South 48 degrees 09 minutes 51 seconds East, 388.37 feet to a Ill inch steel rod set on the
West line of Greens Prairie Trail (100' R.O.W.);
THENCE Southwesterly, 820.18 feet along a nontangent curve to the left in Greens Prairie Trail
having a radius of 1010.00 feet and a central angle of 46 degrees 31 minutes 40 seconds (Chord
bears South 18 degrees 32 minutes 29 seconds West, 797.83 feet) to a 518 inch steel rod found at the
point of tangency;
TEHNCE South 04 degrees 43 minutes 21 seconds East, 1452.01 feet to a 5/8 inch steel rod found at
a point of curve;
THENCE Southwesterly, 743.74 feet along a curve to the right of Greens Prairie Trail having a
radius of 904.93 feet and a central angle of 47 degrees OS minutes 23 seconds (Chord bears South
18 degrees 49 minutes 20 seconds West, 722.98 feet) to a 518 inch steel rod found at the point of
tangency;
THENCE South 42 degrees 22 minutes 02 seconds West, 194.62 feet to a 5/8 inch steel rod found at
a point of curve;
THENCE Southwesterly, 52.55 feet along a curve to the right having a radius of 35.00 feet and a
central angle of 86 degrees 01 minutes 33 seconds (Chord bears South 85 degrees 22 minutes 48
seconds West, 47. 75 feet) to a 5/8 inch steel rod found for corner;
THENCE South 44 degrees 52 minutes 55 seconds West, 24.00 feet to a point near the center of
Royder Road (gravel);
TIIENCE generally with the center of Royder Road as follows:
North 45 degrees 56 minutes 20 seconds West, 94.15 feet to point;
North 41 degrees 08 minutes 28 seconds West, 181.52 feet to a point;
North 38 degrees 13 minutes 13 seconds West, 287.27 feet to a point;
North 40 degrees 13 minutes 39 seconds West, 121.73 feet to a point;
North 47 degrees 29 minutes 30 seconds West, 112.50 feet to a point;
North 47 degrees 33 minutes 46 seconds West, 1775.11 feet to the Point of Beginning, containing
171.851 acres of land.
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.
and that our records reflect that the following is a true and correct list of documents affecting title to the real property
described supra between the dates of January 27, 2009 and April 27, 2009:
Plat:
From: Creek Meadows Partners, L.P.
To: The Public
Recording Date: February 4, 2009
Recorded: Volume 8950, Page 98, Official Records, Brazos County, Texas. (COVERS A PORTION OF
SUBJECT PROPERTY)
Extension:
From:
To:
Dated:
Recorded:
Plat:
Creek Meadows Partners, L.P.
First Victoria National Bank
January 23,2009
Volume 8972, Page 192, Official Records, Brazos County, Texas.
From: Creek Meadows Partners, L. P.
To: The Public
Recording Date: March 6, 2009
Recorded: Volume 8989, Page 39, Official Records, Brazos County, Texas. (COVERS A PORTION OF
SUBJECT PROPER1Y)
This certificate is issued with the express understanding, evidenced by the acceptance of samethat the undersigned
does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply
reporting briefly herein as to the instruments listed above fowtd of record pertaining to said property, and it is
expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of
this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments
or conflicts.
GF Number: 00090644
Effective Date: July 23, 2009
STA TE OF TEXAS
COUNTY OF BRAZOS
NOTHING FURTHER CERTIFICATE
THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos Coun~. Texas as they
are reflected in the geographically indexed title plant of University Title Company as to the following property, ta
wit:
Being all that tract of land in Brazos County, Texas, out of the Samuel Davidson League, A-13
Survey and a part of the Jesse Bledsoe Survey, A-71, consisting of the following tracts recorded in
the Deed Records of Brazos County, Texas:
Part of that called First Tract of 200 acres described in a Deed to B. F. Vance recorded in Volume
142, Page 273, all of that called Second Tract of50.6 acres described in said Volume 142, Page 273,
all of that called 2.6 acres described in Volume 177, Page 309, all of that called 6 acres described in
Volume 152, Page 234, that l acre described in Volume 210, Page 148, that 1.25 acres described in
Volume 187, Page 522, that 1 acre described in Volume 282, Page 601, part of that 1 acre described
in Volume 509, Page 786, that 2.7 acres described in Volume 262, Page 107, all of that tract
described in Volume 163, Page 69, part of that 102.0 acres described in a Deed to Betty V. Goss, B.
F. Vance, Jr. and WiUiam R. Vance, Trustees of the VRV Trust recorded in Volume 1020, Page 325
of the Deed Records of Brazos County, Texas, and being further described as follows:
BEGINNING at a 5/8" steel rod found in Royder Road, being the West corner of said 200 acres;
THENCE North 42 degrees 26minutes14 seconds East, 420.00 feet to a 5/8 inch steel rod found for
corner;
THENCE North 47 degrees 33 minutes 18 seconds West, 555.34 feet to a 5/8 inch steel rod found
for corner;
THENCE North 42 degrees 30 minutes 52 seconds East, 629.86 feet to a rock found for corner;
THENCE North 47 degrees 33 minutes 26 seconds West, 630.51 feet to a 5/8 inch steel rod found
for comer;
THENCE South 42 degrees 26 minutes 14 seconds West, 117.33 feet to a 5/8 inch steel rod found
for corner;
THENCE North 47 degrees 33 minutes 46 seconds West, 209.00 feet to a 5/8 inch steel rod found
for corner;
THENCE North 42 degrees 26 minutes 14 seconds East, 22.17 feet to a 5/8 inch steel rod found for
corner;
THENCE South 49 degrees 10 minutes 54 seconds East, 51.62 feet to a 5/8 inch steel rod found for
corner;
THENCE North 40 degrees 58 minutes 56 seconds East, 262.73 feet to a 112 inch steel rod (bent)
found for corner;
THENCE North 41 degrees 42 minutes 31 seconds West, 100.00 feet to a 5/8 inch steel rod found
for corner;
THENCE North 37 degrees 25 minutes 18 seconds West, 97.02 feet to a 5/8 inch steel rod found for
corner'
THENCE North 44 degrees 09 minutes 00 seconds West, 213.79 feet to a cotton spindle found for
corner on the Southeast line of Greens Prairie Road West;
THENCE North 43 degrees 08 minutes 28 seconds East, 1233.00 feet along Greens Prairie Road
West to a 3/8 inch steel road (bent) found for corner;
THENCE South 49 degrees 13 minutes 20 seconds East, 411.68 feet to a 3/8 inch steel rod found at
the South corner of Lot 8, Wellborn Oaks recorded in Volume 345, Page 635 of the Deed Records
of Brazos County, Texas;
THENCE South 49 degrees 02 minutes 18 seconds East, 392.33 feet to a 3/8 inch steel rod found at
the South corner of Lot 9, Wellborn Oaks;
THENCE South 48 degrees 48 minutes 30 seconds East, 983.70 feet to a 3/8 inch steel rod found at
the South corner of Lot 11, Wellborn Oaks;
THENCE South 48 degrees 30 minutes 49 seconds East, 488.99 feet to a 3/8 inch steel rod found at
the South corner of Lot 12, Wellborn Oaks;
THENCE South 48 degrees 09 minutes 51 seconds East, 388.37 feet to a l!l inch steel rod set on the
West line of Greens Prairie Trail (100' R.O.W.);
THENCE Southwesterly, 820.18 feet along a nontangent curve to the left in Greens Prairie Trail
having a radius of 1010.00 feet and a central angle of 46 degrees 31 minutes 40 seconds (Chord
bears South 18 degrees 32 minutes 29 seconds West, 797.83 feet) to a 5/8 inch steel rod found at the
point of tangency;
TEHNCE South 04 degrees 43 minutes 21 seconds East, 1452.01 feet to a 5/8 inch steel rod found at
a point of curve;
THENCE Southwesterly, 743.74 feet along a curve to the right of Greens Prairie Trail having a
radius of 904.93 feet and a central angle of 47 degrees OS minutes 23 seconds (Chord bears South
18 degrees 49 minutes 20 seconds West, 722.98 feet) to a 518 inch steel rod found at the point of
tangency;
THENCE South 42 degrees 22 ininutes 02 seconds West, 194.62 feet to a 5/8 inch steel rod found at
a point of curve;
THENCE Southwesterly, 52.55 feet along a curve to the right having a radius of 35.00 feet and a
central angle of 86 degrees 01 minutes 33 seconds (Chord bears South 85 degrees 22 minutes 48
seconds West, 47.75 feet) to a 518 inch steel rod found for comer;
THENCE South 44 degrees 52 minutes 55 seconds West, 24.00 feet to a point near the center of
Royder Road (gravel);
THENCE generally with the center of Royder Road as follows:
North 45 degrees 56 minutes 20 seconds West, 94.15 feet to point;
North 41 degrees 08 minutes 28 seconds West, 181.52 feet to a point;
North 38 degrees 13 minutes 13 seconds West, 287.27 feet to a point;
North 40degrees13 minutes 39 seconds West, 121.73 feet to a point;
North 47 degrees 29 minutes 30 seconds West, 112.50 feet to a point;
North 47 degrees 33 minutes 46 seconds West, 1775.11 feet to the Point of Beginning, containing
171.851 acres of land.
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.
and that our records reflect that the following is a true and correct list of documents affecting title to the real property
described supra between the dates of April 27, 2009 and July 23, 2009:
Deed of Trust to secure a Note:
Grantor: Creek Meadows Partners, L.P.
Trustee: Timothy C. Jones
Beneficiary: First Victoria National Bank
Amount: $372,250.00
Dated: May 1, 2009
Recorded: Volume 9083, Page 134, Official Records, Brazos County, Texas. (COVERS A PORTION OF
SUBJECT PROPERTY)
Plat:
From: Creek Meadows Partners, L.P.
To: The Public
Dated: March 12, 20089
Recorded: Volume 9202, Page 117, Official Records, Brazos County, Texas. (COVERS A PORTION OF
SUBJECT PROPERTY)
This certificate is issued with the express understanding, evidenced by the acceptance of samethat the undersigned
does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply
reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is
expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of
this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments
or conflicts.
OF Number: 00090644
Effective Date: October 11, 2009
Examiner: LBJ
STATE OF TEXAS
COUNTY OF BRAZOS
NOTIDNG FURTHER CERTIF1CATE
TIIIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they
are reflected in the geographically indexed title plant ofUniversity Title Company as to the following property, to-
wit:
Being all that tract of land in Brazos County, Texas, out of the Samuel Davidson League, A-13
Survey and a part of the Jesse Bledsoe Survey, A-71, consisting of the following tracts recorded in
the Deed Records of Brazos County, Texas:
Part of that called First Tract of 200 acres described in a Deed to B. F. Vance recorded In Volume
142, Page 273, all of that called Second Tract of 50.6 acres described In said Volume 142, Page 273,
all of that called 2.6 acres described in Volume 177, Page 309, all of that called 6 acres described in
Volume 152, Page 234, that 1 acre described In Volume 210, Page 148, that 1.25 acres described in
Volume 187, Page 522, that 1 acre described in Volume 282, Page 601, part of that 1 acre described
in Volume 509, Page 786, that 2.7 acres described in Volume 262, Page 107, all of that tract
described in Volume 163, Page 69, part of that 102.0 acres described In a Deed to Betty V. Goss, B.
F. Vance, Jr. and William R. Vance, Trnstees of the VRV Trost recorded in Volume 1020, Page325
of the Deed Records of Brazos County, Texas, and being further described as follows:
BEGINNING at a 518" steel rod found in Royder Road, being the West corner of said 200 acres;
THENCE North 42 degrees 26 minutes 14 seconds East, 420.00 feet to a 518 inch steel rod found for
corner;
THENCE North 47 degrees 33 minutes 18 seconds West, 555.34 feet to a 518 inch steel rod found
for corner;
THENCE North 42 degrees 30 minutes 52 seconds East, 629.86 feet to a rock found for corner;
THENCE North 47 degrees 33 minutes 26 seconds West, 630.51 feet to a 518 inch steel rod found
for corner;
THENCE South 42 degrees 26 minutes 14 seconds West, 117.33 feet to a 518 inch steel rod found
for corner;
THENCE North 47 degrees 33 minutes 46 seconds West, 209.00 feet to a 518 inch steel rod found
for corner;
THENCE North 42 degrees 26 minutes 14 seconds East, 22.17 feet to a 518 inch steel rod found for
corner;
THENCE South 49 degrees 10 minutes 54 seconds East, 51.62 feet to a 518 inch steel rod found for
corner;
THENCE North 40 degrees 58 minutes 56 seconds East, 262.73 feet to a 112 inch steel rod (bent)
found for corner;
THENCE North 41 degrees 42 minutes 31 seconds West, 100.00 feet to a 518 inch steel rod found
for corner;
THENCE North 37 degrees 25 minutes 18 seconds West, 97.02 feet to a 518 inch steel rod found for
corner'
THENCE North 44 degrees 09 minutes 00 seconds West, 213.79 feet to a cotton spindle found for
corner on the Southeast line or Greens Prairie Road West;
THENCE North 43 degrees 08 minutes 28 seconds East, 1233.00 feet along Greens Prairie Road
West to a 318 inch steel road (bent) found for corner;
THENCE South 49 degrees 13 minutes 20 seconds East, 411.68 feet to a 318 loch steel rod found at
the South corner of Lot 8, Wellborn Oaks recorded in Volume 345, Page 635 of the Deed Records
of Brazos County, Texas;
THENCE South 49 degrees 02 minutes 18 seconds East, 392.33 feet to a 318 inch steel rod found at
the South comer of Lot 9, Wellborn Oaks;
THENCE South 48 degrees 48 minutes 30 seconds East, 983. 70 feet to a 318 inch steel rod found at
the Sooth corner of Lot 11, Wellborn Oaks;
THENCE South 48 degrees 30 minutes 49 seconds East, 488.99 feet to a 3/8 inch steel rod found at
the South corner of Lot 12, Wellborn Oaks;
THENCE South 48 degrees 09 minutes Sl seconds East, 388.37 feet to a 1/2 inch steel rod set on the
West line of Greens Prairie Trail (100' R.O.W.);
THENCE Southwesterly, 820.18 feet along a nontangent curve to the left in Greens Prairie Trail
having a radius of 1010.00 feet and a central angle of 46 degrees 31 minutes 40 seconds (Chord
bears South 18 dee:rees 32 minutes 29 seconds West, 797.83 feet) to a 5/8 inch steel rod fonnd at the
point of tangency;
TEHNCE South 04 degrees 43 minutes 21 seconds East, 14S2.0l feet to a S/8 inch steel rod found at
a point of curve;
THENCE Southwesterly, 743.74 feet along a curve to the right of Greens Prairie Trail having a
radius of 904.93 feet and a central angle of 47 degrees OS minutes 23 seconds (Chord bears South
18 degrees 49 minutes 20 seconds West, 722.98 feet) to a S/8 inch steel rod found at the point of
tangency;
THENCE South 42 degrees 22 minutes 02 seconds West, 194.62 feet to a S/8 inch steel rod found at
a point of curve;
THENCE Southwesterly, S2.SS feet along a curve to the right having a radios of 3S.OO feet and a
central angle of 86 degrees 01 minutes 33 seconds (Chord bears South 85 degrees 22 minutes 48
seconds West, 47.7S feet) to a S/8 inch steel rod found for corner;
THENCE South 44 degrees S2 minutes SS seconds West, 24.00 feet to a point near the center of
Royder Road (gravel);
THENCE generally with the center ofRoyder Road as follows:
North 4S degrees 56 minutes 20 seconds West, 94.lS feet to point;
North 41 degrees 08 minutes 28 seconds West, 181.S2 feet to a point;
North 38 degrees 13 minutes 13 seconds West, 287 .27 feet to a point;
North 40 degrees 13 minutes 39 seconds West, 121.73 feet to a point;
North 47 degrees 29 minutes 30 seconds West, 112.50 feet to a point;
North 47 degrees 33 minutes 46 seconds West, l 77S.11 feet to the Point of Beginning, containing
l 71.8Sl acres of land.
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.
and that our records reflect that the following is a true and correct list of document.s affecting title to the real property
described supra between the dates of July 23, 2009 and October 11, 2009:
Easement:
From:
To:
Dated:
Recorded:
Creek Meadows Partners, L.P.
City of Bryan d/b/a Bryan Texas Utilities
June 11, 2009
Volume 92Sl, Page 109, Official Records, Brazos County, Texas.
This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned
does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply
reporting briefly herein as to the instrument.s listed above found of record pertaining to said property, and it is
expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of
this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessment.s
or conflicts.
GFNumber. 00090644
Effective Date: April 3, 2011
Examiner. LBJ
STATE OF TEXAS
COUNTY OF BRAZOS
NOTIDNGFURTBERCERTIFICATE
THIS IS TO CERTIFY: That we have examined the records of the County Clerk offiraz.os County, Texas as they
are reflected in the geographically indexed title plant of University Title Company as to the following property, te
wit:
Being all that tract or land In Brazos County, Texas, out or the Samuel Davidson League, A-13
Survey and a part or the Jesse Bledsoe Survey, A-71, consisting of the following tracts recorded In
the Deed Records of Brazos Connty, Texas:
Part of that called First Tract of 200 acres described in a Deed to B. F. Vance recorded in Volume
142, Page 273, all of that called Second Tract of 50.6 acres described in said Volume 142, Page 273,
all of that called 2.6 acres described in Volume 177, Page 309, all of that called 6 acres described In
Volume 152, Page 234, that 1 acre described In Volume 210, Page 148, that 1.25 acres described In
Volume 187, Page 522, that 1 acre described In Volnme 282, Page 601, part of that 1 acre described
In Volume 509, Page 786, that 2.7 acres described in Volume 262, Page 107, all of that tract
described in Volume 163, Page 69, part of that 102.0 acres described in a Deed to Betty V. Goss, B.
F. Vance, Jr. and William R. Vance, Trustees of the VRV Trust recorded in Volume 1020, Page 325
of the Deed Records of Br87.0S County, Texas, and being further descn'bed as follows:
BEGINNING at a 518" steel rod found in Royder Road, being the West corner of said 200 acres;
THENCE North 42 degrees 26 minutes 14 seconds East, 420.00 feet to a 5/8 inch steel rod found for
corner;
THENCE North 47 degrees 33 minutes 18 seconds West, 555.34 feet to a 518 inch steel rod found
for corner;
THENCE North 42 degrees 30 minutes 52 seconds East, 629.86 feet to a rock found for corner;
THENCE North 47 degrees 33 minutes 26 seconds West, 630.51 feet to a 5/8 inch steel rod found
for comer;
THENCE South 42 degrees 26 minutes 14 seconds West, 117.33 feet to a 518 inch steel rod found
for corner;
THENCE North 47 degrees 33 minutes 46 secm1ds West, 209.00 feet to a 5/8 Inch steel rod found
for corner;
THENCE North 42 degrees 26 minutes 14 seconds East, 22.17 feet to a 518 Inch steel rod found for
corner;
THENCE South 49 degrees 10 minutes 54 seconds East, 51.62 feet to a 518 Inch steel rod found for
corner;
THENCE North 40 degrees 58 minutes 56 seconds East, 262.73 feet to a 112 inch steel rod (bent)
found for corner;
THENCE North 41 degrees 42 minutes 31 seconds West, 100.00 feet to a 5/8 inch steel rod found
for corner;
THENCE North 37 degrees 25 minutes 18 seconds West, 97.02 feet to a 5/8 inch steel rod found for
corner'
THENCE North 44 degrees 09 minutes 00 seconds West, 213.79 feet to a cotton spindle found for
corner on the Southeast line or Greens Prairie Road West;
THENCE North 43 degrees 08 minutes 28 seconds East, 1233.00 feet along Greens Prairie Road
West to a 3/8 inch steel road (bent) found for corner;
THENCE South 49 degrees 13 minntes 20 seconds East, 411.68 feet to a 3/8 inch steel rod found at
the South corner or Lot 8, Wellborn Oaks recorded in Volume 345, Page 635 or the Deed Records
of Brazos County, Texas;
THENCE South 49 degrees 02 minutes 18 seconds East, 392.33 feet to a 3/8 inch steel rod found at
the South comer of Lot 9, WeUbom Oaks;
THENCE South 48 degrees 48 miuutes 30 seconds East, 983.70 feet to a 3/8 inch steel rod found at
the South comer of Lot 11, Wellborn Oaks;
THENCE South 48 degrees 30 minutes 49 seconds East, 488.99 feet to a 3/8 Inch steel rod found at
the South corner or Lot 12, Wellborn Oaks;
THENCE South 48 degrees 09 minutes 51 seconds East, 388.37 feet to a 112 Inch steel rod set on the
West line of Greens Prairie Trail (100' R.O.W.);
THENCE Southwesterly, 820.18 feet along a nontangent curve to the left in Greens Prairie TraU
having a radius of 1010.00 feet and a central angle of 46 degrees 31 minutes 40 seconds (Chord
bears South 18 degrees 32 minutes 29 seconds West, 797.83 feet) to a 5/8 inch steel rod found at the
point of tangency;
TEHNCE South 04 degrees 43 minutes 21 seconds East, 1452.01 feet to a 5/8 Inch steel rod found at
a point or curve;
THENCE Southwesterly, 743.74 feet along a curve to the right of Greens Prairie Trail having a
radius of 904.93 feet and a central angle of 47 degrees 05 minutes 23 seconds (Chord bears South
18 degrees 49 minutes 20 seconds West, 722.98 feet) to a 5/8 Inch steel rod found at the point or
tangency;
THENCE South 42 degrees 22 minutes 02 seconds West, 194.62 feet to a 518 inch steel rod found at
a point of curve;
THENCE Southwesterly, 52.55 feet along a curve to the right having a radius of 35.00 feet and a
central angle of 86 degrees 01 minutes 33 seconds (Chord bears South 85 degrees 22 minutes 48
seconds West, 47.75 feet) to a 518 inch steel rod found for corner;
THENCE South 44 degrees 52 minutes 55 seconds West, 24.00 feet to a point near the center of
Royder Road (gravel);
THENCE generally with the center ofRoyder Road as foUows:
North 45 degrees 56 minutes 20 seconds West, 94.15 feet to point;
North 41 degrees 08 minutes 28 seconds West, 181.52 feet to a point;
North 38 degrees 13 minutes 13 seconds West, 287.27 feet to a point;
North 40 degrees 13 minutes 39 seconds West, 121.73 feet to a point;
North 47 degrees 29 minutes 30 seconds West, 112.SO feet to a point;
North 47 degrees 33 minutes 46 seconds West, 1775.11 feet to the Point of Beginning, containing
171.851 acres of land.
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.
and that our records reflect that the following is a true and correct list of documents affecfug title to the real property
described supra between the dates of October 11, 2009 and April 3, 2011:
Deed of Trust to secure a Note:
Grantor: Creek Meadows Partners, L.P.
Trustee: Timothy C. Jones
Beneficiary: First Victoria National Bank
Amount: $1,761,000.00
Dated: October 27, 2009
Recorded: Volume 9377, Page 14, Official Records, Brazos County, Texas. (Covers a Portion of Subject
Property)
Financing Statement:
Debtor: Creek Meadows Partners, L.P.
Secured Party: First Victoria National Bank
Dated: October 27, 2009
Recorded: Volume 9377, Page 37, Official Records, Brazos County, Texas. (Covers a Portion of Subject
Property)
Public Utility Easement
From: Creek Meadows Partners, L.P.
To: City of College Station
Dated: November 19, 2009
Recorded: Volume 9404, Page 77, Official Records, Bra7.0s County, Texas. (Covers a Portion of Subject
Property)
Temporary Access Easement
From: Creek Meadows Partners, L.P.
To: City of CoUege Station
Dated: November 19, 2009
Recorded: Volume 9464, Page 89, Official Records, Braros County, Texas. (Covers a Portion or Subject
Property)
Terms, Conditions, and Stipulations in the Encroachment Agreement by and between:
Parties: Seminole Pipeline Company and Creek Meadows Partners, L.P.
Dated: November 19, 2009
Recorded: Volume 9408, Page 74, Official Records, Bra7.0s County, Texas. (Covers a Portion or Subject
Property)
Release of Lien:
From: First Community Bank, N.A. formerly First Community Bank The Woodlands, N.A.
To: Creek Meadows Properties, L.P.
Dated: January 14, 2010
Recorded: Volume 9504, Page 173, Official Records, Brazos County, Texas. (Releases Deed of Trust
recorded in Volume 8459, Page 78, Official Records, Brazos County, Texas.) (Covers a Portion of Subject
Property)
Release of Lien:
From: First Community Bank, N.A. formerly Fint Community Bank The Woodlands, N.A.
To: Creek Meadows Properties, L.P.
Oated: January 1", 2010
Recorded: Volume 9504, Page 185, Official Records, Brazos County, Texas. (Releases Deed of Trust
recorded in Volume 7952, Page 247, Official Records, Brazos Connty, Texas.) (Covers a Portion of Subject
Property)
Extension:
Dated: January 15, 2010
Recorded: Volume 9479, Page 235, Official Records, Brazos County, Texas. (Modifies and Extends Deed
of Trust recorded in Volume 7068, Page 21.7, Official Records, Brazos County, Texas.) (Covers a Portion of
Subject Property)
Extension:
Dated: January 15, 2010
Recorded: Volume 9480, Page 124, Official Records, Brazos County, Texas. (Modifies and Extends Deed
of Trust recorded in Volume 7932, Page 77, Official Records, Brazos County, Texas.) (Covers a Portion or
Subject Property)
Extension:
Dated: January 15, 2010
Recorded: Volume 9480, Page 134, Official Records, Bru.os County, Texas.-(Modif"ies and Extends Deed
of Trust recorded in Volume 7796, Page 110, Officlal Records, Brazos County, Texas.) (Covers a Portion of
Subject Property)
Extension:
Dated: January 15, 2010
Recorded: Volume 9480, Page 145, OfTicial Records, Bra7.0S County, Texas. (Modifies and Extends Deed
of Trust recorded in Volume 8398, Page 70, Official Records, Brazos County, Texas.) (Covers a Portion of
Subject Property)
Extension:
Dated: January 15, 2010
Recorded: Volume 9480, Page 157, Official Records, Brazos County, Texas. (Modifies and Extends Deed
of Trust recorded in Volume 8398, Page 48, Official Records, Brazos County, Texas.) (Covers a Portion of
Subject Property)
Plat
From:
To:
Dated:
Recorded:
Property)
Creek Meadows Partners, L.P.
The Public
January 11, 2010
Volume 9583, Page 148, Official Records, Bra7.0S County, Texas. (Covers a Portion of Subject
Second Amended and Restated Declaration of Protective Covenants for Creek Meadows
From: Creek Meadows Partnen, L.P.
To: The Public
Dated: July 1, 2010
Recorded: Volume 9721, Page 201, Official Records, Brazos County, Texas. (Covers a Portion of Subject
Property}
Extension:
Dated: July 15, 2010
Recorded: Volume 9873, Page 47, Official Records, Bru.os County, Texas. (Modifies and Extends Deed
of Trust recorded lo Volume 8398, Page 48, Official Records, Brazos County, Tens.} (Covers a Portion of
Subject Property}
Extension:
Dated: September 30, 2010
Recorded: Volume 9879, Page 51, Official Records, Brazos County, Texas. (Renews and Extends Deed of
Trust recorded In Volume 8839, Page 70, Official Records, Brazos County, Texas.} (Covers a Portion of
Subject Property}
Plat
From:
To:
Dated:
Recorded:
Property}
Creek Meadows Partnen, L.P.
The Public
November 10, 2010
Volume9903, Page 166, Official Records, Brazos Cowty, Texas. (Covers a Portion of Subject
This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned
does not undertake to give or express any opinion as to the validity of the title to the property ab<Ye, but is simply
reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is
expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of
this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments
or conflicts.
GF Number: 00090644
Effective Date: July 28, 2011
STATE OF TEXAS
COUNTY OF BRAZOS
NOTHING FURTHER CERTIFICATE
TIIIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they
are reflected in the geographically indexed title plant of University Title Company as to the following property, to-
wit:
Being all that tract of land in Brazos County, Texas, out of the Samuel Davidson League, A-13
Survey and a part of the Jesse Bledsoe Survey, A-71, consisting of the following tracts recorded in
the Deed Records of Brazos County, Texas:
Part of that called First Tract of 200 acres described in a Deed to B. F. Vance recorded in Volume
142, Page 273, all of that called Second Tract of 50.6 acres described in said Volume 142, Page 273,
all of that called 2.6 acres described in Volume 177, Page 309, all of that called 6 acres described in
Volume 152, Page 234, that 1 acre described in Volume 210, Page 148, that 1.25 acres described in
Volume 187, Page 522, that 1 acre described in Volume 282, Page 601, part of that 1 acre described
in Volume 509, Page 786, that 2.7 acres described in Volume 262, Page 107, all of that tract
described in Volume 163, Page 69, part of that 102.0 acres described in a Deed to Betty V. Goss, B.
F. Vance, Jr. and William R. Vance, Trustees of the VRV Trust recorded In Volume 1020, Page 325
of the Deed Records of Brazos County, Texas, and being further described as follows:
BEGINNJNG at a 5/8" steel rod found in Royder Road, being the West corner of said 200 acres;
THENCE North 42 degrees 26 minutes 14 seconds East, 420.00 feet to a 5/8 inch steel rod found for
corner;
THENCE North 47 degrees 33 minutes 18 seconds West, 555.34 feet to a 5/8 inch steel rod found
for corner;
THENCE North 42 degrees 30 minutes 52 seconds East, 629.86 feet to a rock found for corner;
THENCE North 47 degrees 33 minutes 26 seconds West, 630.51 feet to a 5/8 inch steel rod found
for corner;
THENCE South 42 degrees 26 minutes 14 seconds West, 117.33 feet to a 5/8 inch steel rod found
for corner;
THENCE North 47 degrees 33 minutes 46 seconds West, 209.00 feet to a 5/8 inch steel rod found
for corner;
THENCE North 42 degrees 26 minutes 14 seconds East, 22. 17 feet to a 5/8 inch steel rod found for
corner;
THENCE South 49 degrees 10 minutes 54 seconds East, Sl.62 feet to a 5/8 inch steel rod found for
corner;
THENCE North 40 degrees 58 minutes S6 seconds East, 262. 73 feet to a 1/2 inch steel rod (bent)
found for corner;
THENCE North 41 degrees 42 minutes 31 seconds West, 100.00 feet to a 5/8 inch steel rod found
for corner;
THENCE North 37 degrees 25 minutes 18 seconds West, 97.02 feet to a S/8 Inch steel rod found for
corner'
THENCE North 44 degrees 09 minutes 00 seconds West, 213.79 feet to a cotton spindle found for
corner on the Southeast line of Greens Prairie Road West;
THENCE North 43 degrees 08 minutes 28 seconds East, 1233.00 feet along Greens Prairie Road
West to a 3/8 inch steel road (bent) found for corner;
THENCE South 49 degrees 13 minutes 20 seconds East, 411.68 feet to a 3/8 Inch steel rod found at
the South corner of Lot 8, Wellborn Oaks recorded in Volume 345, Page 635 of the Deed Records
of Brazos County, Texas;
THENCE South 49 degrees 02 minutes 18 seconds East, 392.33 feet to a 3/8 inch steel rod found at
the South corner of Lot 9, Wellborn Oaks;
THENCE South 48 degrees 48 minutes 30 seconds East, 983. 70 feet to a 3/8 inch steel rod round at
the South corner of Lot 11, Wellborn Oaks;
THENCE South 48 degrees 30 minutes 49 seconds East, 488.99 feet to a 3/8 inch steel rod found at
the South corner of Lot 12, Wellborn Oaks;
THENCE South 48 degrees 09 minutes 51 seconds East, 388.37 feet to a 1/2 inch steel rod set on the
West line of Greens Prairie Trail (100' R.O.W.);
THENCE Southwesterly, 820.18 feet along a nontangent curve to the left in Greens Prairie Trail
having a radius of 1010.00 feet and a central angle of 46 degrees 31 minutes 40 seconds (Chord
bears South 18 degrees 32 minutes 29 seconds West, 797.83 feet) to a 5/8 inch steel rod found at the
point of tangency;
TEHNCE South 04 degrees 43 minutes 21 seconds East, 1452.01 feet to a 5/8 inch steel rod found at
a point of curve;
THENCE Southwesterly, 743.74 feet along a curve to the right of Greens Prairie Trail having a
radius of 904.93 feet and a central angle of 47 degrees 05 minutes 23 seconds (Chord hears South
18 degrees 49 minutes 20 seconds West, 722.98 feet) to a 5/8 inch steel rod found at the point of
tangency;
THENCE South 42 degrees 22 minutes 02 seconds West, 194.62 feet to a 5/8 Inch steel rod found at
a point of curve;
THENCE Southwesterly, 52.55 feet along a curve to the right having a radius of 35.00 feet and a
central angle of 86 degrees 01 minutes 33 seconds (Chord bears South 85 degrees 22 minutes 48
seconds West, 47.75 feet) to a 5/8 inch steel rod found for corner;
THENCE South 44 degrees 52 minutes 55 seconds West, 24.00 feet to a point near the center of
Royder Road (gravel);
THENCE generally with the center of Royder Road as follows:
North 45 degrees 56 minutes 20 seconds West, 94.15 feet to point;
North 41degrees08 minutes 28 seconds West, 181.52 feet to a point;
North 38 degrees 13 minutes 13 seconds West, 287.27 feet to a point;
North 40 degrees 13 minutes 39 seconds West, 121.73 feet to a point;
North 47 degrees 29 minutes 30 seconds West, 112.50 feet to a point;
North 47 degrees 33 minutes 46 seconds West, 1775.11 feet to the Point of Beginning, containing
171.851 acres ofland.
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.
and that our records reflect that the following is a true and correct list of documents affecting title to the real property
described supra between the dates of April 3, 2011 and Joly 28, 2011:
Easement:
From:
To:
Dated:
Recorded:
Extension:
Dated:
Recorded:
Extension:
Dated:
Recorded:
Creek Meadows Partners, L.P.
City of College Station
April 25, 2011
Volume 10125, Page 102, Official Records, Brazos County, Texas.
January 15, 2011
Volume 10190, Page 205, Official Records, Brazos County, Texas. (Modifies and Extends Deed
of Trust in Volume 7796, Page I JO, Official Records of Brazos County, Texas)
April 27, 2011
Volume 10190, Page 213, Official Records, Brazos County, Texas. (Modifies and Extends Deed
of Trust in Volume 9377, Page 14, Official Records of Brazos County, Texas)
This certificate is issued with the eltpress understanding, evidenced by the acceptance of same that the undersigned
does not undertake to give or Cllpress any opinion as to the validity of the title to the property above, but is simply
reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is
expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of
this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taices, tax suits, special assessments
or conflicts.
University Title Company
GF Number: 00090644
Effective Date: November 20, 2011
Examiner: ARB
STATE OF TEXAS
COUNTY OF BRAZOS
NOTlllNG FURTHER CERTIFICATE
THIS TS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they
are reflected in the geographically indexed title plant of University Title Company as to the following property, to-
wit:
Being all that tract of land in Braws County, Texas, out or the Samuel Davidson League, A-13
Survey and a part of the Jesse Bledsoe Survey, A-71, consisting of tbe following tracts recorded in
the Deed Records of Braws County, Texas:
Part of that called First Tract of 200 acres described in a Deed to B. F. Vance recorded in Volume
142, Page 273, all of that called Second Tract of 50.6 acres described in said Volume 142, Page 273,
all of that called 2.6 acres described in Volume 177, Page 309, all of that called 6 acres described in
Volume 152, Page 234, that 1 acre described in Volume 210, Page 148, that 1.25 acres described in
Volume 187, Page 522, that 1 acre described in Volume 282, Page 601, part of that J acre described
in Volume 509, Page 786, that 2.7 acres described in Volume 262, Page 107, all of that tract
described in Volume 163, Page 69, part of that 102.0 acres described in a Deed to Betty V. Goss, B.
F. Vance, Jr. and William R. Vance, Trustees of the VRV Trust recorded in Volume 1020, Page 325
of the Deed Records of Braws County, Te.xas, and being further described as follows:
BEGINNING at a 5/8" steel rod found in Royder Road, being the West corner of said 200 acres;
THENCE North 42 degrees 26 minutes 14 seconds East, 420.00 feet to a S/8 inch steel rod found for
corner;
THENCE North 47 degrees 33 minutes 18 seconds We.~t, 555.34 feet to a 518 inch steel rod found
for corner;
THENCE North 42 degrees 30 minutes 52 seconds East, 629.86 feet to a rock found for corner;
THENCE North 47 degrees 33 minutes 26 seconds West, 630.51 feet to a 5/8 inch steel rod found
for corner;
THENCE South 42 degrees 26 minutes 14 seconds West, 117.33 feet to a 5/8 inch steel rod found
for corner;
THENCE North 47 degrees 33 minutes 46 seconds West, 209.00 feet to a 5/8 inch steel rod found
for corner;
THENCE North 42 degrees 26 minutes 14 seconds East, 22.17 feet to a 5/8 inch steel rod found for
corner;
THENCE South 49 degrees 10 minutes 54 seconds East, 51.62 feet to a 5/8 Inch steel rod found for
corner;
THENCE North 40 degrees 58 minutes 56 seconds East, 262. 73 feet to a 112 inch steel rod (bent)
found for corner;
THENCE North 41 degrees 42 minutes 31 seconds West, 100.00 feet to a 5/8 inch steel rod found
for corner;
THENCE North 37 degrees 2:5 minutes 18 seconds West, 97.02 feet to a 5/8 inch steel rod found for
corner'
THENCE North 44 degrees 09 minutes 00 seconds West, 213.79 feet to a cotton spindle found for
corner on the Southeast line of Greens Prairie Road West;
THENCE North 43 degrees 08 minutes 28 seconds East, 1233.00 feet along Greens Prairie Road
West to a 3/8 inch steel road (bent) found for corner;
THENCE South 49 degrees 13 minutes 20 seconds East, 411.68 feet to a 3/8 inch steel rod found at
the South corner of Lot 8, Wellborn Oaks recorded in Volume 345, Page 635 of the Deed Records
of Brazos County, Texas;
THENCE South 49 degrees 02 minutes 18 seconds East, 392.33 feel to a 3/8 inch steel rod found at
the South corner of Lot 9, Wellborn Oaks;
THENCE South 48 degrees 48 minutes 30 seconds East, 983. 70 feet to a 3/8 inch steel rod found at
the South corner of Lot 11, Wellborn Oaks;
THENCE South 48 degrees 30 minutes 49 seconds East, 488.99 feet to a 3/8 inch steel rod found at
the South corner of Lot 12, Wellborn Oaks;
THENCE South 48 degrees 09 minutes 51 seconds East, 388.37 feet to a 112 inch steel rod set on the
West line of Greens Prairie Trail (JOO' R.O.W.);
THENCE Southwesterly, 820.18 feet along a nootangent curve to the left in Greens Prairie Trail
having a radius of 1010.00 feet and a central angle of 46 degrees 31 minutes 40 seconds (Chord
bears South 18 degrees 32 minutes 29 seconds West, 797.83 feet) to a 5/8 inch steel rod found at the
point of tangency;
TEHNCE South 04 degrees 43 minutes 21 seconds East, 1452.01 feet to a 5/8 inch steel rod found at
a point of curve;
THENCE Southwesterly, 743.74 feet along a curve to the right of Greens Prairie Trail having a
radius of 904.93 feet and a central angle of 47 degrees 05 minutes 23 seconds (Chord bears South
18 degrees 49 minutes 20 seconds West, 722.98 feet) to a 5/8 inch steel rod found at the point of
tangency;
THENCE South 42 degrees 22 minutes 02 seconds W,est, 194.62 feet to a 5/8 inch steel rod found at
a point of curve;
THENCE Southwesterly, 52.55 feet along a curve to the right having a radius of 35.00 feet and a
central angle of 86 degrees 01 minutes 33 seconds (Chord bears South 85 degrees 22 minutes 48
seconds West, 47.75 feet) to a 5/8 inch steel rod found for corner;
THENCE South 44 degrees 52 minutes 55 seconds West, 24.00 feet to a point near the center of
Royder Road (gravel);
THENCE generally with the center or Royder Road as follows:
North 45 degrees 56 minutes 20 seconds West, 94.J 5 feet to point;
North 41degrees08 minutes 28 seconds West, 181.52 feet to a point;
North 38 degrees 13 minutes 13 seconds West, 287.27 feet to a point;
North 40 degrees 13 minutes 39 seconds West, 121.73 feet to a point;
North 47 degrees 29 minutes 30 seconds West, 112.50 feet to a point;
North 47 degrees 33 minutes 46 seconds West, 1775.11 feet to the Point of Beginning, containing
171.851 acres of land.
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 that our records reflect that the following is a true and correct list of docwnents affecting title to the real property
described supra between the dates of July 28, 2011 and November 20, 2011:
Extension:
Dated: July 15, 2011
Recorded: Volwne 10330, Page 88, Official Records, Brazos County, Texas. (Modifies and Extends Deed
of Trust recorded In Volume 8398, Page 70, Official Records, Brazos County, Texas.)
This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned
does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply
reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is
expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of
this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments
or conflicts.
University Title Company
B~~/ 7 (rdf)
GF Number: 00090644
Effective Date: August 2, 2012
STA TE OF TEXAS
COUNTY OF BRAZOS
NOTHING FURTHER CERTIFICATE
TffiS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they
are reflected in the geographically indexed title plant of University Title Company as to the following property, to-
wit:
Being all that tract of land in Brazos County, Texas, out of the Samuel Davidson League, A-13
Survey and a part of the Jesse Bledsoe Survey, A-71, consisting of the following tracts recorded In
the Deed Records of Brazos County, Texas:
Part of that called First Tract of 200 acres described in a Deed to B. F. Vance recorded in Volume
142, Page 273, all of that called Second Tract of S0.6 acres described In said Volume 142, Page 273,
all of that called 2.6 acres described in Volume 177, Page 309, all of that called 6 acres described in
Volume 152, Page 234, that 1 acre described in Volume 210, Page 148, that 1.25 acres described in
Volume 187, Page 522, that 1 acre described in Volume 282, Page 601, part of that 1 acre described
in Volume 509, Page 786, that 2.7 acres described in Volume 262, Page 107, all of that tract
described in Volume 163, Page 69, part of that 102.0 acres described in a Deed to Betty V. Goss, B.
F. Vance, Jr. and William R Vance, Trustees of the VRV Trust recorded In Volume 1020, Page 325
of the Deed Records of Brazos County, Texas, and being further described as follows:
BEGINNING at a 518" steel rod found in Royder Road, being the West corner of said 200 acres;
THENCE North 42 degrees 26 minutes 14 seconds East, 420.00 feet to a 518 inch steel rod found for
corner;
THENCE North 47 degrees 33 minutes 18 seconds West, SSS.34 feet to a 518 inch steel rod found
for corner;
THENCE North 42 degrees 30 minutes 52 seconds East, 629.86 feet to a rock found for corner;
THENCE North 47 degrees 33 minutes 26 seconds West, 630.51 feet to a SIS inch steel rod found
for corner;
THENCE South 42 degrees 26 minutes 14 seconds West, 117.33 feet to a 518 Inch steel rod found
for corner;
THENCE North 47 degrees 33 minutes 46 seconds West, 209.00 feet to a 518 inch steel rod found
for corner;
THENCE North 42 degrees 26 minutes 14 seconds East, 22.17 feet to a 518 inch steel rod found for
comer;
THENCE South 49 degrees 10 minutes 54 seconds East, 51.62 feet to a 518 inch steel rod found for
corner;
THENCE North 40 degrees 58 minutes 56 seconds East, 262. 73 feet to a 112 inch steel rod (bent)
found for corner;
THENCE North 41 degrees 42 minutes 31 seconds West, 100.00 feet to a 518 inch steel rod found
for corner;
THENCE North 37 degrees 25 minutes 18 seconds West, 97.02 feet to a 518 inch steel rod found for
corner'
THENCE North 44 degrees 09 minutes 00 seconds West, 213.79 feet to a cotton spindle found for
corner on the Southeast line of Greens Prairie Road West;
THENCE North 43 degrees 08 minutes 28 seconds East, 1233.00 feet along Greens Prairie Road
West to a 318 inch steel road (bent) found for corner;
THENCE South 49 degrees 13 minutes 20 seconds East, 411.68 feet to a 318 inch steel rod found at
the South corner of Lot 8, Wellborn Oaks recorded in Volume 345, Page 635 of the Deed Records
of Brazos County, Texas;
THENCE South 49 degrees 02 minutes 18 seconds East, 392.33 feet to a 318 Inch steel rod found at
the South corner of Lot 9, Wellborn Oaks;
THENCE South 48 degrees 48 minutes 30 seconds East, 983.70 feet to a 3/8 inch steel rod found at
the South corner of Lot 11, WeUhorn Oaks;
THENCE South 48 degrees 30 minutes 49 seconds East, 488.99 feet to a 3/8 inch steel rod found at
the South corner of Lot 12, WeUborn Oaks;
THENCE South 48 degrees 09 minutes 51 seconds East, 388.37 feet to a 1/2 Inch steel rod set on the
West line of Greens Prairie Trail (100' R.O.W.);
THENCE Southwesterly, 820.18 feet along a nontangent curve to the left in Greens Prairie Trail
having a radius of 1010.00 feet and a central angle of 46 degrees 31 minutes 40 seconds (Chord
bears South 18 degrees 32 minutes 29 seconds West, 797.83 feet) to a 5/8 inch steel rod found at the
point of tangency;
TEHNCE South 04 degrees 43 minutes 21 seconds East, 1452.01 feet to a 5/8 inch steel rod found at
a point of curve;
THENCE Southwesterly, 743.74 feet along a curve to the right of Greens Prairie Trail having a
radius of 904.93 feet and a central angle of 47 degrees OS minutes 23 seconds (Chord bears South
18 degrees 49 minutes 20 seconds West, 722.98 feet) to a 5/8 inch steel rod found at the point of
tangency;
THENCE South 42 degrees 22 minutes 02 seconds West, 194.62 feet to a 5/8 inch steel rod found at
a point of curve;
THENCE Southwesterly, 52.55 feet along a curve to the right having a radius of 35.00 feet and a
central angle of 86 degrees 01 minutes 33 seconds (Chord bears South 85 degrees 22 minutes 48
seconds West, 47. 75 feet) to a 5/8 inch steel rod found for corner;
THENCE South 44 degrees 52 minutes 55 seconds West, 24.00 feet to a point near the center of
Royder Road (gravel);
THENCE generally with the center of Royder Road as follows:
North 45 degrees 56 minutes 20 seconds West, 94.15 feet to point;
North 41degrees08 minutes 28 seconds West, 181.52 feet to a point;
North 38 degrees 13 minutes 13 seconds West, 287.27 feet to a point;
North 40degrees13 minutes 39 seconds West, 121.73 feet to a point;
North 47 degrees 29 minutes 30 seconds West, 112.50 feet to a point;
North 47 degrees 33 minutes 46 seconds West, 1775.11 feet to the Point of Beginning, containing
171.851 acres of land.
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 that our records reflect that the following is a true and correct list of documents affecting title to the real property
descnbed supra between the dates of November 20, 2011 and August 2, 2012:
Easement:
From: Creek Meadows Partners, LP
To: City of College Station
Dated: October 26, 2011
Recorded: Volume 10420, Page 253, Official Records, Brazos County, Texas.
Extension:
Dated: March 30, 2012
Recorded: Volume 10731, Page 164, Official Records, Brazos County, Texas. (Modifies and Extends Deed
of Trust in Volume 8398, Page 70, Official Records, Brazos County, Texas)
Plat:
From:
To:
Creek Meadows Partners, LP
The Public
Dated: June 7, 2012
Recorded: Volume 10785, Page 162, Official Records, Brazos County, Texas. (Affects a portion of the
property shown above)
This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned
does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply
reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is
expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of
this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments
or conflicts.
GFNo.: 134157
Examiner: Angela Bankston
Effective Date: September 8, 2013
STATE OF TEXAS
COUNTY OF BRAZOS
NOTHING FURTHER CERTIFICATE
THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos
County, Texas as they are reflected in the geographically indexed title plant of University Title
Company as to the following property, to-wit:
Being all that tract ofland in Brazos County, Texas, out of the Samuel Davidson League,
A-13 Survey and a part of the Jesse Bledsoe Survey, A-71, consisting of the following tracts
recorded in the Deed Records of Brazos County, Texas:
Part of that called First Tract of 200 acres described in a Deed to B. F. Vance recorded in
Volume 142, Page 273, all of that called Second Tract of 50.6 acres described in said
Volume 142, Page 273, all of that called 2.6 acres described in Volume 177, Page 309, all of
that called 6 acres described in Volume 152, Page 234, that 1 acre described in Volume 210,
Page 148, that 1.25 acres described in Volume 187, Page 522, that 1 acre described in
Volume 282, Page 601, part of that 1 acre described in Volume 509, Page 786, that 2.7 acres
described in Volume 262, Page 107, all of that tract described in Volume 163, Page 69, part
of that 102.0 acres described in a Deed to Betty V. Goss, B. F. Vance, Jr. and William R.
Vance, Trustees of the VRV Trust recorded in Volume 1020, Page 325 of the Deed Records
of Brazos County, Texas, and being further described as follows:
BEGINNING at a 5/8" steel rod found in Royder Road, being the West corner of said 200
acres;
THENCE North 42 degrees 26 minutes 14 seconds East, 420.00 feet to a 5/8 inch steel rod
found for corner;
THENCE North 47 degrees 33 minutes 18 seconds West, 555.34 feet to a 5/8 inch steel rod
found for corner;
THENCE North 42 degrees 30 minutes 52 seconds East, 629.86 feet to a rock found for
corner;
THENCE North 47 degrees 33 minutes 26 seconds West, 630.51 feet to a 5/8 inch steel rod
found for corner;
THENCE South 42 degrees 26 minutes 14 seconds West, 117.33 feet to a 5/8 inch steel rod
found for corner;
THENCE North 47 degrees 33 minutes 46 seconds West, 209.00 feet to a 5/8 inch steel rod
found for corner;
THENCE North 42 degrees 26 minutes 14 seconds East, 22.17 feet to a 5/8 inch steel rod
found for corner;
THENCE South 49 degrees 10 minutes 54 seconds East, 51.62 feet to a 5/8 inch steel rod
found for corner;
THENCE North 40 degrees 58 minutes 56 seconds East, 262.73 feet to a 1/2 inch steel rod
(bent) found for corner;
THENCE North 41degrees42 minutes 31 seconds West, 100.00 feet to a 5/8 inch steel rod
found for corner;
THENCE North 37 degrees 25 minutes 18 seconds West, 97.02 feet to a 5/8 inch steel rod
found for corner'
THENCE North 44 degrees 09 minutes 00 seconds West, 213.79 feet to a cotton spindle
found for corner on the Southeast line of Greens Prairie Road West;
THENCE North 43 degrees 08 minutes 28 seconds East, 1233.00 feet along Greens Prairie
Road West to a 3/8 inch steel road (bent) found for corner;
IBENCE South 49 degrees 13 minutes 20 seconds East, 411.68 feet to a 3/8 inch steel rod
found at the South corner of Lot 8, Wellborn Oaks recorded in Volume 345, Page 635 of
the Deed Records of Brazos County, Texas;
THENCE South 49 degrees 02 minutes 18 seconds East, 392.33 feet to a 3/8 inch steel rod
found at the South corner of Lot 9, Wellborn Oaks;
THENCE South 48 degrees 48 minutes 30 seconds East, 983. 70 feet to a 3/8 inch steel rod
found at the South corner of Lot 11, Wellborn Oaks;
THENCE South 48 degrees 30 minutes 49 seconds East, 488.99 feet to a 3/8 inch steel rod
found at the South corner of Lot 12, Wellborn Oaks;
THENCE South 48 degrees 09 minutes 51 seconds East, 388.37 feet to a 1/2 inch steel rod
set on the West line of Greens Prairie Trail (100' R.O.W.);
THENCE Southwesterly, 820.18 feet along a nontangent curve to the left in Greens Prairie
Trail having a radius of 1010.00 feet and a central angle of 46 degrees 31 minutes 40
seconds (Chord bears South 18 degrees 32 minutes 29 seconds West, 797.83 feet) to a 5/8
inch steel rod found at the point of tangency;
TEHNCE South 04 degrees 43 minutes 21 seconds East, 1452.01 feet to a 5/8 inch steel rod
found at a point of curve;
THENCE Southwesterly, 743. 74 feet along a curve to the right of Greens Prairie Trail
having a radius of 904.93 feet and a central angle of 47 degrees 05 minutes 23 seconds
(Chord bears South 18 degrees 49 minutes 20 seconds West, 722.98 feet) to a 5/8 inch steel
rod found at the point of tangency;
THENCE South 42 degrees 22 minutes 02 seconds West, 194.62 feet to a 5/8 inch steel rod
found at a point of curve;
THENCE Southwesterly, 52.55 feet along a curve to the right having a radius of 35.00 feet
and a central angle of 86 degrees 01 minutes 33 seconds (Chord bears South 85 degrees 22
minutes 48 seconds West, 47.75 feet) to a 5/8 inch steel rod found for corner;
THENCE South 44 degrees 52 minutes 55 seconds West, 24.00 feet to a point near the
center of Royder Road (gravel);
THENCE generally with the center ofRoyder Road as follows:
North 45 degrees 56 minutes 20 seconds West, 94.15 feet to point;
North 41degrees08 minutes 28 seconds West, 181.52 feet to a point;
North 38 degrees 13 minutes 13 seconds West, 287.27 feet to a point;
North 40 degrees 13 minutes 39 seconds West, 121.73 feet to a point;
North 47 degrees 29 minutes 30 seconds West, 112.50 feet to a point;
North 47 degrees 33 minutes 46 seconds West, 1775.11 feet to the Point of Beginning,
containing 171.851 acres of land.
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 that our records reflect that the following is a true and correct list of docwnents affecting
title to the real property descnbed supra between the dates of August 2, 2012 and September8,
2013:
Extension:
Dated: October 15, 2012
Recorded: Volume 11121, Page 204, Official Records, Brazos County, Texas. (Modifies
and Extends Deed of Trust recorded in Volume 7796, Page 110, Official Records, Brazos
County, Texas.)
This certificate is issued with the express understanding, evidenced by the acceptance of same
that the undersigned does not undertake to give or express any opinion as to the validity of the
title to the property above, but is simply reporting briefly herein as to the instruments listed
above found of record pertaining to said property, and it is expressly understood and agreed that
this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it
is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taxes, tax suits,
special assessments or conflicts.
University Title Company
7
By: -__ ..... __ a:r:=,..,· ==·=~·=-:-,... __ -,...;; ,.., ... _-::_.;,.,.:>_>--_,,.,. _____ _
GFNo.: 140437
Examiner: Angela Bankston
Effective Date: January 20, 2014
STATE OF TEXAS
COUNTY OF BRAZOS
NOTIDNG FURTHER CERTIFICATE
THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos
County, Texas as they are reflected in the geographically indexed title plant of University Title
Company as to the following property, to-wit:
Being all that tract ofland in Brazos County, Texas, out of the Samuel Davidson League,
A-13 Survey and a part of the Jesse Bledsoe Survey, A-71, consisting of the following tracts
recorded in the Deed Records of Brazos County, Texas:
Part of that called First Tract of 200 acres described in a Deed to B. F. Vance recorded in
Volume 142, Page 273, all of that called Second Tract of50.6 acres described in said
Volume 142, Page 273, all of that called 2.6 acres described in Volume 177, Page 309, all of
that called 6 acres described in Volume 152, Page 234, that 1 acre described in Volume 210,
Page 148, that 1.25 acres described in Volume 187, Page 522, that 1 acre described in
Volume 282, Page 601, part of that 1 acre described in Volume 509, Page 786, that 2.7 acres
described in Volume 262, Page 107, all of that tract described in Volume 163, Page 69, part
of that 102.0 acres described in a Deed to Betty V. Goss, B. F. Vance, Jr. and William R.
Vance, Trustees of the VRV Trust recorded in Volume 1020, Page 325 of the Deed Records
of Brazos County, Texas, and being further described as follows:
BEGINNING at a 5/8" steel rod found in Royder Road, being the West corner of said 200
acres;
THENCE North 42 degrees 26 minutes 14 seconds East, 420.00 feet to a 5/8 inch steel rod
found for corner;
THENCE North 47 degrees 33 minutes 18 seconds West, 555.34 feet to a 5/8 inch steel rod
found for corner;
THENCE North 42 degrees 30 minutes 52 seconds East, 629.86 feet to a rock found for
corner;
THENCE North 47 degrees 33 minutes 26 seconds West, 630.51 feet to a 5/8 inch steel rod
found for corner;
THENCE South 42 degrees 26 minutes 14 seconds West, 117.33 feet to a 5/8 inch steel rod
found for corner;
THENCE North 47 degrees 33 minutes 46 seconds West, 209.00 feet to a 5/8 inch steel rod
found for corner;
THENCE North 42 degrees 26 minutes 14 seconds East, 22.17 feet to a 5/8 inch steel rod
found for corner;
THENCE South 49 degrees 10 minutes 54 seconds East, 51.62 feet to a 5/8 inch steel rod
found for corner;
THENCE North 40 degrees 58 minutes 56 seconds East, 262.73 feet to a 1/2 inch steel rod
(bent) found for corner;
THENCE North 41degrees42 minutes 31 seconds West, 100.00 feet to a 5/8 inch steel rod
found for corner;
THENCE North 37 degrees 25 minutes 18 seconds West, 97.02 feet to a 5/8 inch steel rod
found for corner'
THENCE North 44 degrees 09 minutes 00 seconds West, 213.79 feet to a cotton spindle
found for corner on the Southeast line of Greens Prairie Road West;
THENCE North 43 degrees 08 minutes 28 seconds East, 1233.00 feet along Greens Prairie
Road West to a 3/8 inch steel road (bent) found for corner;
THENCE South 49 degrees 13 minutes 20 seconds East, 411.68 feet to a 3/8 inch steel rod
found at the South corner of Lot 8, Wellborn Oaks recorded in Volume 345, Page 635 of
the Deed Records of Brazos County, Texas;
THENCE South 49 degrees 02 minutes 18 seconds East, 392.33 feet to a 3/8 inch steel rod
found at the South corner of Lot 9, Wellborn Oaks;
THENCE South 48 degrees 48 minutes 30 seconds East, 983.70 feet to a 3/8 inch steel rod
found at the South corner of Lot 11, Wellborn Oaks;
THENCE South 48 degrees 30 minutes 49 seconds East, 488.99 feet to a 3/8 inch steel rod
found at the South corner of Lot 12, Wellborn Oaks;
THENCE South 48 degrees 09 minutes 51 seconds East, 388.37 feet to a 1/2 inch steel rod
set on the West line of Greens Prairie Trail (100' R.O.W.);
THENCE Southwesterly, 820.18 feet along a nontangent curve to the left in Greens Prairie
Trail having a radius of 1010.00 feet and a central angle of 46 degrees 31 minutes 40
seconds (Chord bears South 18 degrees 32 minutes 29 seconds West, 797.83 feet) to a 5/8
inch steel rod found at the point of tangency;
TEHNCE South 04 degrees 43 minutes 21 seconds East, 1452.01 feet to a 5/8 inch steel rod
found at a point of curve;
THENCE Southwesterly, 743. 74 feet along a curve to the right of Greens Prairie Trail
having a radius of 904.93 feet and a central angle of 47 degrees 05 minutes 23 seconds
(Chord bears South 18 degrees 49 minutes 20 seconds West, 722.98 feet) to a 5/8 inch steel
rod found at the point of tangency;
THENCE South 42 degrees 22 minutes 02 seconds West, 194.62 feet to a 5/8 inch steel rod
found at a point of curve;
THENCE Southwesterly, 52.55 feet along a curve to the right having a radius of 35.00 feet
and a central angle of 86 degrees 01 minutes 33 seconds (Chord bears South 85 degrees 22
minutes 48 seconds West, 47.75 feet) to a 5/8 inch steel rod found for corner;
THENCE South 44 degrees 52 minutes 55 seconds West, 24.00 feet to a point near the
center of Royder Road (gravel);
THENCE generally with the center of Royder Road as follows:
North 45 degrees 56 minutes 20 seconds West, 94.15 feet to point;
North 41degrees08 minutes 28 seconds West, 181.52 feet to a point;
North 38 degrees 13 minutes 13 seconds West, 287.27 feet to a point;
North 40 degrees 13 minutes 39 seconds West, 121.73 feet to a point;
North 47 degrees 29 minutes 30 seconds West, 112.50 feet to a point;
North 47 degrees 33 minutes 46 seconds West, 1775.11 feet to the Point of Beginning,
containing 171.851 acres of land.
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 that our records reflect that the following is a true and correct list of documents affecting
title to the real property described supra between the dates of September 8, 2013 and January
20, 2014:
Deed of Trust to secure a Note:
Grantor: Creek Meadows Partners, L.P.
Trustee: Timothy C. Jones
Beneficiary: First Victoria National Bank
Amount: $227,000.00
Dated: September 25, 2013
Recorded: Volume 11637, Page 207, Official Records, Brazos County, Texas.
Extension:
Dated: July 15, 2013
Recorded: Volume 11643, Page 45, Official Records, Brazos County, Texas. (Modification,
Rearrangement and/or Extension Agreement of Deed of Trust recorded in Volume 8398,
Page 70, Official Records, Brazos County, Texas)
Extension:
Dated: July 15, 2013
Recorded: Volume 11645, Page 1, Official Records, Brazos County, Texas. (Modification,
Rearrangement and/or Extension Agreement of Deed of Trust recorded in Volume 7068,
Page 227, Official Records, Brazos County, Texas)
This certificate is issued with the express understanding, evidenced by the acceptance of same
that the undersigned does not undertake to give or express any opinion as to the validity of the
title to the property above, but is simply reporting briefly herein as to the instruments listed
above found of record pertaining to said property, and it is expressly understood and agreed that
this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it
is understood that the liability of the issuer hereof is expressly limited to the actual monetary
consideration paid for same. We have not made any examination as to property taxes, tax suits,
special assessments or conflicts.
University Title Company
By:---~=---~_"·---~-:-_-_-. __ ;._-_-·-_···------