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HomeMy WebLinkAbout10-00500193- 00075023Brazos County Abstract Company "More than 130 Years of Title Service" P.O. Box 4704 Phone: (979) 731-1900 3800 Cross Park Drive Bryan, TX 77805-4704 Facsimile: (979) 731-8352 Bryan, TX 77802 BCAC GF NO. 149849 Title Report Prepared August 31, 2010 for GREENS PRAIRIE INVESTORS, LTD. ~ -:3 A Brazos County Abstract Company "More than 130 Years of Title Service" EFFECTIVE DATE: August 27, 2010 at 8:00 a.m. GF NO. 149849 PROPERTY DESCRIPTION: Being all those certain lots, tracts or parcels of land lying and being situated in Brazos County, Texas and being Lots Eighteen (18) and Nineteen (19), Block One (1), CASTLEGATE SUBDIVISION, SECTION 8, an addition to the City of College Station, Texas, according to plat recorded in Volume 5002, page 152, Official Records of Brazos County, Texas. TITLE APPEARS TO BE VESTED IN: GREENS PRAIRIE INVESTORS, LTD. by Warranty Deed with Vendor's Lien from Timothy J. Crowley, dated August 17, 2000, recorded in Volume 3905, page 55, Official Records of Brazos County, Texas. SUBJECT TO: LIENS: NONE OF RECORD. 2. ABSTRACT OF JUDGMENT/FEDERAL AND/OR STATE LIENS: NONE OF RECORD. 3. EASEMENTS: Easements as shown of record on plat of Castlegate Subdivision, Section 8, recorded in Volume 5002, page 152, Official Records of Brazos County, Texas. Eascnnent from Greens Prairie Investors, Ltd. to City of College Station, Texas, dated December 4, 2000, recorded in Volume 4004, page 176, Official Records of Brazos County, Texas. (Blanket) 4. OUTSTANDING MINERALS AND/OR ROYALTIES: Mineral reservation in Deed from Edith Cavitt Estate, et al to United Four Joint Venture, dated December 16, 1982, recorded in Volume 564, page 504, Deed Records of Brazos County, Texas. Title to this reservation has not been traced subsequent to the date of the above-cited instrument. Royalty reservation in Deed from Robert B. Waltman, et ux to Timothy J. Crowley, dated January 24, 1992, effective December 31, 1991, recorded in Brazos County Abstract Company "More than 130 Years of Title Service" Volume 1415, page 74, Official Records of Brazos County, Texas. Title to this reservation has not been traced subsequent to the date of the above- cited instrument. Mineral reservation in Deed from Timothy J. Crowley to Greens Prairie Investors, Ltd., dated August 17, 2000, recorded in Volume 3905, page 55, Official Records of Brazos County, Texas; subject to terms and conditions of Waiver of Surface Use contained therein. Title to this reservation has not been traced subsequent to the date of the above-cited instrument. 5. OIL & GAS LEASES: Estate created by Oil and Gas Lease from Edith Cavitt Estate, et al to Cayuga Exploration, Inc., dated August 15, 1977, recorded in Volume 27, page 530, O&GL Records of Brazos County, Texas. Title to this lease has not been traced subsequent to the date of the above-cited instrument. Estate created by Oil and Gas Lease from Timothy J. Crowley, et al to Union Pacific Resources Company, dated May 29, 1990, recorded in Volume 1205, page 135, Official Records of Brazos County, Texas; as ratified in instruments recorded in Volume 1197, pages 837 and 839; Volume 1220, pages 311, 313, 315 and 317, and Volume 1667, page 42, Official Records of Brazos County, Texas; as amended and extended in instruments recorded in Volume 1673, page 276; Volume 1835, page 92 and Volume 1839, page 303, Official Records of Brazos County, Texas; subject to Partial Release dated October 17, 1995, recorded in Volume 2514, page 332, Official Records of Brazos County, Texas. Title to this lease has not been traced subsequent to the dates of the above-cited instruments. 6. RESTRICTIONS: Restrictive covenants recorded in Volume 4090, page 88, Volume 4358, page 24, Volume 4414, page 188, Volume 4839, pages 238 and 241, Volume 5014, page 133, Volume 5213, page 227, Volume 5355, page 183, Volume 5820, page 117, Volume 6259, page 239, Volume 6622, page 204, Volume 6866, page 240, Volume 7006, page 119, Volume 7218, page 140, Volume 7354, page 137 and Volume 7882, page 188, Official Records of Brazos County, Texas. 7. TAXES: NO SEARCH MADE 8. MISCELLANEOUS: The terms, conditions and stipulations contained in the Declaration of Covenants, Conditions and Restrictions, executed by Greens Prairie Investors, Ltd., dated March 12, 2001, recorded in Volume 4090, page 88, Volume 4358, page 24 and amended and supplemented in Volume 4414, page 188, Volume 4839, pages 238 and 241, Volume 5014, page 133, Volume 5213, page 227, Volume 5355, page 183, Volume 5820, page 117, Volume 6259, page 239, Volume 6622, page 204, Volume 6866, page 240, Brazos County Abstract Company "More than 130 Years of Title Service" Volume 7006, page 119, Volume 7218, page 140, Volume 7354, page 137, Volume 7882, page 188 and Volume 9520, page 211, Official Records of Brazos County, Texas. Maintenance charge as set forth in the Declaration of Covenants, Conditions and Restrictions executed by Greens Prairie Investors, Inc., dated March 12, 2001, recorded in Volume 4090, page 88, Volume 5014, page 133, Volume 6622, page 204, Volume 6866, page 240, Volume 7006, page 119, Volume 7218, page 140, Volume 7354, page 137 and Volume 7882, page 188, Official Records of Brazos County, Texas. THIS TITLE REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING, EVIDENCED BY THE ACCEPTANCE OF SAME THAT THE UNDERSIGNED, BRAZOS COUNTY ABSTRACT COMPANY DOES NOT UNDERTAKE HEREIN TO GIVE OR EXPRESS ANY OPINION AS TO THE VALIDITY OF THE TITLE TO THE PROPERTY ABOVE DESCRIBED, NOR AS TO THE VALIDITY OF ANY OF THE INSTRUMENTS REPORTED HEREIN, INCLUDING THE PURPORTED DEED(S) ESTABLISHING THE RECORD OWNER(S) CITED ABOVE, BUT IS SIMPLY REPORTING BRIEFLY HEREIN AS TO THE INSTRUMENTS FOUND OF RECORD PERTAINING TO SAID PROPERTY, AND IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THIS TITLE REPORT IS NEITHER A GUARANTY NOR WARRANTY OF THE TITLE. BY ACCEPTANCE OF THIS TITLE REPORT IT IS UNDERSTOOD THAT THE LIABILITY OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO THE ACTUAL MONETARY CONSIDERATION PAID FOR SAID REPORT BY GREENS PRAIRIE INVESTORS, LTD.. THIS SEARCH HAS BEEN LIMITED TO THE ABOVE MATTERS AND THE ABOVE TIME PERIOD; AND WE HAVE NOT SEARCHED FOR, NOR HAVE REFLECTED HEREIN, ANY EXAMINATION AS TO TAX SUITS, SPECIAL ASSESSMENTS, CONFLICTS OR OTHER INSTRUMENTS WHICH MAY AFFECT TITLE TO THE SUBJECT PROPERTY. IF TITLE INSURANCE COVERAGE, WHICH IS NOT PROVIDED BY THIS REPORT, IS NEEDED, SAID COVERAGE IS AVAILABLE THROUGH THE APPLICABLE PROMULGATED POLICY(IES), AND AT A SPECIFIED RATE PREMIUM. BRAZOS COUNTY ABSTRACT COMPANY B VAN ETTEN -01~nvnin 4005/006 MANAGER'S CERTIFICATE I the undersigned, Manager of GREENS PRAIRIE ASSOCIATES, LLC, a Texas limited liability company (the "Company") do hereby certify that: (i) the Company is duly organized and existing under the laws of the State of Texas and is authorized to do business in the State of Texas; that all franchise and other taxes required to maintain its company existence have been paid when due and that no such taxes are delinquent; that no proceedings are pending for the forfeiture of its Certificate of Organization or for its dissolution, voluntarily or involuntarily; that it is fully qualified and in good standing to do business in all jurisdictions in which the nature of its business requires it to be qualified; that there is no provision of the Articles of Organization or Regulations of the Company limiting the power of the Members to pass the Resolutions set forth below; (ii) GREENS PRAIRIE ASSOCIATES, LLC, is the sole general partner of GREENS PRAIRIE INVESTORS, LTD. (the "Partnership"), and that GREENS PRAIRIE INVESTORS LTD., is a limited partnership duly organized and existing under the laws of the State of Texas and is authorized to do business in the State of Texas; and (iii) on the I" day of January, 2007, by written consent of the Manager(s) of the Company, the following resolutions were unanimously adopted and recorded in the minutes of the books of said Company kept by the Company and are in accord with and pursuant to the Articles of Organization and Limited Liability Company Agreement of the Company and are now in full force and effect, to-wit RESOLVED, that WALLACE PHILLIPS, DAWN PHILLIPS and VICKI HILLERT, acting individually, be, and are hereby authorized, empowered, and directed to execute, acknowledge, and deliver on behalf of the Company, as the general partner of the Partnership, such contracts, assignments, affidavits, deeds, deeds of trust, financing statements, security agreements, and other instruments, containing any terms and conditions that they may, in their sole discretion, deem necessary or desirable in connection with all property now owned or hereafter acquired by the Partnership, located in Brazos County, Texas; and the attestation by the Secretary of the Company and the affixation of the seal of the Company shall not be necessary; RESOLVED FURTHER, that WALLACE PHILLIPS (being one and the same person as WALLACE S. PHILLIPS, III), the Manager of the Company, is directed to certify the Minutes of this meeting and the contents of these resolutions and to deliver such certification in support of the authority of the above officers to act, individually, on behalf of the Company. I further certify that the following are the duly elected and incumbent manager and officers of the Company and that the true and correct signatures of the individuals authorized to act on behalf of the Company are as set forth beside his or her name: IV.6V rnA VIVOUV1u41 UANTLEUATE IA006/006 A PRINT NAME WALLACE PHILLIPS DAWN PHILLIPS VICKI HILLERT TITLE Manager/President Vice President/Secretary Vice President WALLACE PHILLIPS, Manag of GREENS PRAIRIE ASSOCIATES, LLC, a Texas limited liability company THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on this the -"I day of March, 2010, by WALLACE PHILLIPS, Manager of GREENS PRAIRIE ASSOCIATES, LLC, a Texas limited liability company, on behalf of said company. BEVERLEY STONE MV COMMISSION EXPIRES Notary Public, State of Te as i= OcMer4.20V 0707X1 A T7 Trr