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Home My WebLink Aboutnothing furtherGF Number: 00090628 Effective Date: January 27, 2009 Examiner: SNV NOTHING FURTHER CERTIFICATE STATE OF TEXAS COUNTY OFBRAZOS 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: Metes and bounds description of all that certain tract of land lying and being situated in the Robert Stevenson League, Abstract No. 54, the John Childress Survey, Abstract No. 92, and the Andrew McMahan Survey, Abstract No. 167, Brazos County, Texas. Said tract being the same tract of land called 45.200 acres as described by a Deed to Clifford E. Hoelscher and Alice B. Hoelscher recorded in Volume 1036, Page 29 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 west line of a 100.00 foot railroad right-of-way marking an east corner of said 45.200 acre tract and the northeast corner of a called 20.0 acre tract as described by a Deed to Penelope Sue Thomas recorded in Volume 637, Page 346 of the Official Records of Brazos County, Texas; THENCE: S 89' 16' 04" W along the common line of said 45.200 acre tract and said 20.0 acre tract for a distance of 832.61 feet to a 5/8 inch iron rod found marking the northwest corner of said 20.0 acre tract, for reference a I inch iron pipe found on the east line of a 30.00 foot wide road easement bears: N 88' 17' 03" E for a distance of 14.86 feet; THENCE: S 00' 38' 55" E continuing along the common line of said 45.200 acre tract and said 20.0 acre tract, same being called the centerline of said 30.00 foot wide road easement, for a distance of 1086.29 feet to a 5/8 inch iron rod set on a west line of the Shiloh Subdivision, according to the plat recorded in Volume 289, Page 219 of the Deed Records of Brazos County, Texas, said iron rod set marking the most southerly east corner of said 45.200 acre tract and the northeast corner of a called 7.496 acre tract as described by a Deed to Larry Maxwell McGee, Sr. recorded in Volume 450, Page 549 of the Deed Records of Brazos County, Texas, for reference a 5/8 inch iron rod found on the east line of said 30.00 foot wide road easement bears: N 89' 22' 13" E for a distance of 15.00 feet; THENCE: S 89' 21' 19" W along the common line of said 45.200 acre tract and said 7.496 acre tract for a distance of 934.23 feet to a 5/8 inch iron rod found marking the northwest corner of a called 7.50 acre tract as described by a Deed to Daniel R. Buck and wife, Patricia Ann Buck, recorded in Volume 365, Page 782 of the Deed Records of Brazos County, Texas, and an east corner of a called 18.7118 acre tract as described by a Deed to Scientific Inquiry, Inc. recorded in Volume 1201, Page 405 of the Official Records of Brazos County, Texas; THENCE: Along the common line of said 45.200 acre tract and said 18.7118 acre tract for the following calls: S 89' 46' 16" W for a distance of 34.61 feet to a 5/8 inch iron rod found; N 00' 38' 27" W for a distance of 685.58 feet to a 5/8 inch iron rod found; S 89' 32' 27" W for a distance of 82.66 feet to a 5/8 inch iron rod set near a fence corner post; N 00'31'33" W, at 290.33 feet pass a 1/2 inch iron rod found on the southerly line of a called 50.00 foot wide road easement, continue on for a total distance of 320.65 feet to a point on the southeast line of a called 40.00 acre tract as described by a Deed to Don L. Ivey and wife, Cynthia P Stagg Ivey, recorded in Volume 1065, Page 418 of the Official Records of Brazos County, Texas; THENCE: N 55' 01' 25" E along the common line of said 45.200 acre tract and said 40.00 acre tract, same being called the centerline of said 50.00 foot wide road easement, for a distance of 819.42 feet to a 5/8 inch iron rod found on the southeast line of Capstone Drive (80' R.O.W. - formerly known as "Barron Road") marking the east corner of said 40.00 acre tract; THENCE: Along the southeast tine of Capstone Drive for the following calls: N 72' 41' 12" E for a distance of 55.66 feet to a 5/8 inch iron rod found marking the beginning of a counterclockwise curve having a radius of 840.00 feet; Along said curve through a central angle of 09' 57' 04" for an are distance of 145.89 feet (chord bears: N 67° 42' 40" E - 145.71 feet) to the ending point of said curve, for reference a 518 inch iron rod found bears: N 23° 25' 24" E for a distance of 0.21 feet; N 62° 44' 08" E for a distance of 668.95 feet to a point marking the beginning of a clockwise curve having a radius of 881.21 feet, for reference a 5/8 inch iron rod found bears: S 81° 24' 09" E for a distance of 0.Z3 feet; Along said curve through a central angle of 26° 39' 29" for an are distance of 410.00 feet (chord bears: N 76° 03' 52" E - 406.31 feet) to a 5/8 inch iron rod found marking the ending point of said curve and the beginning of anotber clockwise curve having a radius of 25.00 feet; Along said curve through a central angle of 90° 00' 00" for an are distance of 39.27 feet (chord bears: S 45° 36' 23" E - 35.36 feet) to a 5/8 inch iron rod found on the west line of said railroad right-of-way marking the ending point of said curve; THENCE: S 00° 36' 23" E along the common line of said 45.200 acre tract and said railroad right- of-way for a distance of 819.16 feet to the POINT OF BEGINNING, containing 45.193 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 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 July 1, 2008 and January 27, 2009: Warranty Deed: Grantor: Kyleview Estates, Ltd. Trustee: LAWCO Resources, LLC Dated: July 21, 2008 Recorded: Volume 8719, Page 26, Official Records, Brazos County, Texas. Terms, Conditions, and Stipulations in the Memorandum of Ground Lease Agreement by and between: Parties: LAWCO Resources, LLC and Breckenridge Group Kyleview, LP Dated: July 23, 2008 Recorded: Volume 8721, Page 190, Official Records, Brazos County, Texas. Deed of Trust to secure a Note: Grantor: Breckenridge Group Kyleview, LP Trustee: James Fisher Beneficiary: Arvest Bank Amount: $4,500,000.00 Dated: July 23, 2008 Recorded: Volume 8726, Page 27, Official Records, Brazos County, Texas. Terms, Conditions, and Stipulations in the Assignment of Ground Lease Agreement: To: Arvest Bank Dated: July 23, 2008 Recorded: Volume 8726, Page 61, Official Records, Brazos County, Texas. Plat: By: LAWCO Resources, LLC Dated: September 8, 2008 Recorded: Volume 8815, Page 236, Official Records, Brazos County, Texas. Easement: From: LAWCO Resources, LLC To: City of Bryan d/b/a Bryan Texas Utilities Dated: August 11, 2008 Recorded: Volume 8888, Page 151, Official Records, Brazos County, Texas. Correction Deed of Trust: Grantor: Breckenridge Group Kyleview, LP Trustee: James Fisher Beneficiary: Arvest Bank Amount: $4,500,000.00 Dated: July 23, 2008 Recorded: Volume 8885, Page 89, Official Records, Brazos County, Texas. 0 0 Deed of Trust to secure a Note: Grantor: Breckenridge Group Kyleview, LP Trustee: James Fisher Beneficiary: Arvest Bank Amount: $22,000,000.00 Dated: November 25, 2008 Recorded: Volume 8885, Page 122, Official Records, Brazos County, Texas. Terms, Conditions, and Stipulations in the Ground Lease Agreement by and between: Parties: Breckenridge Group Kyleview, LP, Arvest Bank and LAWCO Resources, LLC Dated: November 25, 2008 Recorded: Volume 8885, Page 152, 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 ByG% {rdo