HomeMy WebLinkAbouttitleTEXAS OWNER'S POLICY OF TITLE INSURANCE
COVER SHEET
TP typed: febroary 9. 2009
POLICY NUMBER: 2722143 - 76368817
GF NO. 00081555
COUNTY CODE: 041 POLICY DATE: July 23, 2008
PROPERTY CODE: C LIABILITY AMOUNT: $1,725,(M.00
TOTAL PREMIUM: $11,140.00
POLICY CODE(S):
1000
$
8.832.00
0884
$
883.20
0890
$
100.00
0500
$
1,324.80
TOTAL $
$ 11140.00
l uifersiry Title Company fidelity Narinuul l isle Insurance Company
TI - Texas Owner's Policy of Title Insurance
OWNER'S POLICY OF TITLE INSURANCE (T-1)
Issued by
Fielelitj; Aational Title litsuratice Company
Any notice of claim and any other notice or statement in writing required to be given the Company under this
Policy must be given to the Company at the address shown in Section 18 of the Conditions.
SCHEDULE A
Name and Address of Title Insurance Company:
Fidelity National Title Insurance Company
1945 Walnut Hill Lane
Irving, TX 75038
File No. 00081555 Policy No.: 2722143 - 75368817
Address Reference: 3455 C'apstonc, f':ollege Starinn, T% '7R45
Amount of Insurance: 51,72 ,000.00 Premium: $11,140.00
Date of Policy:.lnly 23, 2008 at 2:43 P.M.
1. Name of Insured:
Lawro Resources, LLC, an Arkansas limited liability company
2. The estate or interest in the Land that is encumbered by the Insured Mortgage is: Fee Simple
3. Title is insured as vested in:
1.2wco Resources. Lik. an Arkansas limited 1inbility company
4. The Land referred to in this policy is described as follows:
See Exhibit A attached hereto and made a part hereof.
Vniversily Title Company Fidelity National Title insurance. Company
T1 -Texas Owner's Policy of Title Insurance
SCHEDULE B
PileNo.: 00482555 Policy No: 2722143 - ?636881"
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 and easements, if any, shown in
Schedule A, and the following matters:
1. The following restrictive covenants of record itemized below (the Company must either insert
specific recording data or delete this exception):
Item No. 1, Schedule B, is hereby deleted.
2. Shortages in area.
3. Homestead or community property or survivorship rights, if any, of any spoulse 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 the harbor or bulkhead lines as established or changed by any
government, or
c. to filled-in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the right
of access to that area or easement along and across that area.
5. Standby fees, races and assessments by any taxing authority for the year 2008, 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
(The Company must insert matters or delete this exception):
a. Easements as shown on plat of Barron Road right-of-way recorded in Volume 785, Page 183
of the Official Records of Brazos Counly, Texas-
b. 'Chat portion that lies within the right-of-way of Old Highway 6; as shown on survey prepared
on October 18, 2006, under the supervision of Brad Kerr, R.P.L.S. 1,4502.
c. Any Claim or right of adjoining property owner(s) to that strip of land lying between the
fence and the boundary line on the northwest and northeast sides ofthe property-, as shown on
survey prepared on October 18, 2006, under the supervision of Brad Kerr, R.P.L.S. 94502.
d. Fence lies outside the property on the southeast side ofthe property, as shown on survey
prepared on October 18, 2006, under the supervision of Brad Kerr, R.P.L.S. #4501
e. 20' Electrical Easement (partially on property) on the southeast side:
Prom: Clifford Hoelscher
To: City of Bryan
Dated: November 14, 1994
Recorded: Volume 2258, Page 246. Official Records. Brazos County, Texas; as shown on
survey prepared on October 18, 2006, under the supervision of Brad Kerr, R.P.L.S. 94502.
University Title Company Fidelity 'stational Title Insurance Compan)°
TI -Texas Owner's Policy of Title Insurance -
50' Wide Access Easement (partially on property) on the northwest side:
From:
Cofer & Dillon, Trustees
To:
D. R. Cain Construction Co.
Dated:
December 28, 1966
Recorded:
Volume 259, Page 543, Deed Records, Brazos County, Texas.
Amended by Amended Judgment:
Recorded: Volume 4336, Page 216, Official Records, Brazos County, Texas; as shown on
survey prepared on October 18, 2006, under the supervision of Brad Kerr, R.P.L.S. #4502.
30' Wide Access Easement partially along southeast side of property continuing across
property to the north side:
From: Boswell Porter
To: Veterans Land Board State of Texas
Dated: July 30,1968
Recorded: Volume 27.1, Page 781, Deed Records, Brazos County, Texas;
Amended by Amended Judgment:
Recorded: Volume 4336, Page 216, Official Records, Brazos County. Texas; as shown on
survey prepared on October 18, 2006, under the supervision of Brad Kerr, R.P.L.S. 44502.
h. Easement:
From: 1. H. Lloyd
To: Wellborn Water Supply Corp.
Dated: October 6, 1965
Recorded: Volume 254, Page 323, Deed Records, Brazos County, Texas; as noted on
survey prepared on October 18, 20D6, under the supervision of Brad Kerr, R.P.L.S. 414502.
i. Easement:
From: Kyleview Estates, L.P.
To: Wellborn Special Utility District
Dated: December 13, 2007
Recorded: Volume 8364, Page 132, Official Records, Brazos County, Texas.
j. Easement:
From:
Kyle View Estates, L.P.
To:
Penelope Sue Thomas a/ltla Penny Sue Thomas
Dated:
May 22, 2008
Recorded:
Volume 8606, Page 264, Official Records, Brazos County, Texas.
k. Mineral Deed:
By: William D. Fitch
To: W. D. Fitch, Trustee
Dated: March 12,1981
Recorded: Volume 476, Page 54, Deed Records, Brazos County, Texas. Title to said
interest has not been investigated subsequent to the date of the aforesaid instrument.
1. Mineral Deed:
By: Area Progress Corp.
To: W. D. Fitch, Trustee
Dated: March 12, 1981
Recorded: Volume 476. Page 56. Deed Records, Brazos County, Texas. Title to said
interest has not been investigated subsequent to the date of the aforesaid instrument.
University Title Company Fidelity -National Title Insurance Company
TI - Texas Owner's Policy of Title Insurance -
m. Mineral Deed:
By: William D. Fitch
To: W. D. Fitch, Trustee
Dated: January 24, 1981
Recorded: Volume 476, Page 58, Deed Records, Brazos County, Texas. Title to said
interest has not been investigated subsequent to the date of the aforesaid instrument.
Mineral Deed:
By: William D. Fitch, Trustee
To: Laura P. Fitch Normand , Todd Dudley Fitch, and Austin Ilarris Fitch
Dated: June 30,1981
Recorded: Volume 486, Page 334, Deed Records, Brazos County, Texas. Title to said
interest has not been investigated subsequent to the date of the aforesaid instrument.
o. Mineral Reservation in Deed:
By: Todd D. Fitch
To: Clifford E. Hoelscher and Alice B. Hoelscher
Dated: March 25,1988
Recorded: Volume 1036, Page 29, Official Records, Brazos County, Texas. Tide to said
interest has not been investigated subsequent to the date of the aforesaid instrument.
University Title Company
By:
Authorized Countersignature
Unh ersilt `T'itle Compann Fidelity National Titir. Insurance C'outpany
TI - Texas Owner's Policy of Title Insurance -
Exhibit A
Metes and bounds description of all that certain tract of land lying and being situated in the Robert Stevenson League.
Abstract No. 54. the,lohn Childress Survey, Abstract No. 92, and the Andrew Mc':6lahan Surrey, Abstract No. 167, Brazos
County. Texas. Said tract being the saint tract of land called 45.208 acres as described b)° a Deed to Clifford K Hoelscher
and Alice B. lloclscher recorded in Volume 1036, Page 29 of the Official Records of` Brazos Coantg. Texas.
Said tract icing mnr•e particularly described b4° metes and bounds its follows:
BEG ANNING at it 5?8 inch iron rod found nn the Nest line of a 100.00 foot railroad right-of-war marking an cast corner of
said 45.200 acre tract and tine northeast corner of a called NO acre tract as described b a Creed to Penelope Sue 'I bomns
recorded in Volume 637, Page 3461 of the Official Records of Brazos C'ormty, Texas;
THENCE; S 89° Iti' 04" t.' along the common line of aid 45.200 acre tract and said 20.8 acre tract for a distance of
832.6€ feet to a 5/8 inch iron rod found marking the northwest corner of said 20.0 acre tract, for reference it I inch iron
pipe found on the east line of a 30.00 foot wide road easement bears: N 88" IT 03" E for a distance o€14.86 feet;
THENCE: S 88° 38' 55" E continuing along the common tine of said 45.200 acre tract and said 28.0 acre tract, same being
called the centerline of said 30.00 foot wide rued easement, for a distance of 1086.29 feet to a 5/8 inch iron rod set on a
west line of the Shiloli :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 cast corner of said 45.2011 acre tract and the northeast corner
of a called 7.496 acre tract as described by a Heed to Larry Maxwell McGee, Sr. recorded fit Volume 450. Page 549 of the
Deed Records of Brazos County, 'Texas, for reference it 5/8 inch iron rod found on the east line of said 30.00 foot wide road
casement bear's: N 89° 22' 13" E fora distance of 15.00 feet;
THENCE : S 89" 211 19" W along the common line of said 45.200 acre tract and said 7.496 acre tract for it 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. Bock and wife, Pata•icia Ann Buck, recorded in Volume 365, Page 782 of the Reed Records of Brazos County,
Texas, and an cast corner of a called 18.7118 acre tract as described by it Deed to Scientific Ingnfry, Inc. recorded in
Volume 1201, Pane 405 of the Official Records of Brazos County. Texas;
TilENCE: Along the common line of said 45.200 acre tract and said 18.7118 acre tract for the following calls:
S 89" 46' 16" 1V fora distance of 34,62 feet to a 518 inch iron rod found;
4 08° 38' VV for it distance of 685.58 feet to a --v8 inch iron rod found:
S 89° 32'2"" }@ for a distance of 82.66 feet to a 5'8 inch iron rod set near a fence corner post;
A 00"31133" 4i', at 290.33 feel pass a fit 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 it point on the, southeast line: of it called 40.00 acre tract as
described by a Deed to Don L. Ivev and wife, Ctuthia P Stagg lvey. recorded in Volume 1065, Page 418 of the Official
Records of Brazos County, Texas:
TlifSNCF: N 55° 01' 25" f•;. along the common line of said 45.200 acre tract and said 40.00 acre tract, same being called the
centerlfnc of said 50.00 toot 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 line of Capstone Drive for the following calls:
a 72" 41' 12" E for a distance of 51.66 feet to a 5/8 inch iron rod found marking the beginniug 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" F: -
145'1 feet) to the ending_ poial of said carve, i'or reference a 5/8 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 it radius of
881.21 feet, for reference a 5i8 inch iron rod found bears: S 81" 24' 09" E: for a distance of 0.23 feet:
Along said carve through a central angle of 26" 39' 29" for an are distance of 410.00 feet (chord bears: N 76" 03' SZ" E -
406.31 reel) to a 518 inch iron rod found marking the ending point of said curve and the beginning of another clockwise
rune hating it radius of 25.00 feel;
Along said curve through a central angle: of 90" 00' W' for an arc distance of 39.2? feet (chord bears: S 45` 36' 23" E -
3:5.36 feet) to a 5/8 inch iron rod found on the west line of said railroad right-of-wa} marking the ending point of said
curve:
HENCE: S OW' 36' 23" E alongthe common line ofsnid 45.200 acre tract and said railroad right-of-wal, for a distance of'
819.16 feet to the. POINT OF RE;G INNING. containing 45.193 acres of land, more or less.
NOTE: The C'omparly is prohibited from insuring file area or quantity of the land described herein. Art% statement in the
above legal description of the area or quantity of land is not a Iepresealation that such area or quantity is correct, but is
inade only= for informational and/or identification purposes and dots not override Item 2 of Schedule 11 hereof.
University Title Company Fidelity National Title Insurance Company
TI - Texas Owner's Policy of Title Insurance -
RESTRICTIONS, ENCROACHMENTS, MINERALS
ENDORSEMENT- OWNER POLICY (T-19.1)
ISSUED BY
Fidelity National Title
Insurance Company
HEREIN CALLED COMPANY
File No.: 00081555
Attached to and made a part of FIDELITY NATIONAL TITLE INSURANCE COMPANY Owner
Policy No.: 2722143-76368817, this 23rd day of July, 2008.
The Company insures the insured against loss or damage sustained by reason of.
1. The existence at Date of Policy of any of the following unless expressly excepted in Schedule B:
(a) Present violations on the land of any enforceable covenants, conditions or restrictions, or any
existing improvements on the land which violate any building setback lines shown on a plat
of subdivision recorded or filed in the public records.
(b) Any instrument referred to in Schedule B as containing covenants, conditions or restrictions
on the land which, in addition (i) establish an easement on the land; (ii) provides for an
option to purchase, a right of first refusal or the prior approval of a future purchaser or
occupant; or provides for a right of reentry, possibility of reverter or right of forfeiture
because of violation on the land of any enforceable covenants, conditions or restrictions.
(c) Any encroachment of existing improvements located on the land onto adjoining land, or any
encroachment onto the land of any existing improvements located on adjoining land.
(d) Any encroachment of existing improvements located on the land onto that portion of the land
subject to any easement excepted in Schedule B.
(e) Any notices of violation of covenants, conditions and restrictions relating to environmental
protection recorded or filed in the public records.
2. Damage to existing buildings:
(a) Which are located on or encroach upon that portion of the land subject to any
easement excepted in Schedule B, which damage results from the exercise of the right to
maintain the easement for the purpose for which it was granted or reserved;
(b) Resulting from the future exercise of any right existing at Date of Policy to
use the surface of the land for the extraction or development of minerals excepted from the
description of the land or excepted in Schedule B.
3. Any final court order or judgment requiring the removal from any land adjoining the land of any
encroachment, other than fences, landscaping or driveways, excepted in Schedule B.
Any final court order or judgment denying the right to maintain any existing building on the land
because of any violation of covenants, conditions or restrictions or building setback lines shown
on a plat of subdivision recorded or filed in the public records.
Restrictions, Encroachments, Minerals Endorsement- Owner Policy (T-19.1)- Page 2
Whenever in this endorsement the words "covenants, conditions or restrictions" appear, they shall not be
deemed to refer to or include the terms, covenants, conditions or limitations contained in an instrument
creating a lease.
As used in paragraph 1(a)(1) and (4), the words "covenants, conditions or restrictions" shall not be deemed
to refer to or include any covenants, conditions or restrictions relating to environmental protection.
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and
of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the
terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the
policy and any prior endorsements, not does it increase the face amount thereof.
FIDELITYNATIONAL TITLE
INSURANCE COMPANY
t:nii'CiNiiy Title Comnanv
Agent
By
Authorized Countersignature
ACCESS ENDORSEMENT T-23
Attached to Policy No. 2722143-76368817
ISSUED BY
Fidelity National Title
Insurance Company
HEREIN CALLED COMPANY
The Company insures against loss or damage sustained by the insured if, at Date of Policy: (i) the land does
not abut and have both actual vehicular and pedestrian access to and from Capstone Drive (the "Street'), or
(ii) the street is not physically open.
This endorsement is made a part ofthe policy. Except as it expressly states, it does not (i) modify any of
the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy,
or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement
is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this
endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements.
UNIVERSITY TITLE COMPANY
Agent