HomeMy WebLinkAbout10-00500053- 00075074Aggieland Title Company
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EXAMINER'S REPORT
RECORD TITLE AT THE EFFECTIVE DATE BEREOF APPEARS TO BE VESTED IN
Kevin Hodge and Heather Hodge - as to 3.37 acres
Barker BCS Group, LLC - as to remaining acreage
THE LAND REFFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS
Field notes of a 13.66 acre tract or parcel of land, lying and being situated in the SAMUEL DAVIDSON
SURVEY, Abstract No. 13, Brazos County, Texas, and being part of the called 20.28 acre (net) - Tract 1
and part of the called 1.11 acre - Tract 2 described in the deed from Blake Neal Dick to Karla Koch Dick
as recorded in Volume 6039, page 01, of the Official Records, Brazos County, Texas, (see also Volume
7647, page 105 of the Official Records, Brazos County, Texas), and said 13.66 acre tract being more
particularly described in Exhibit "A" as attached hereto and made a part hereof.
3740 Copperfield Drive, Suite 101 • Bryan, Texas 77802
P.O. Box 4233 • Bryan, Texas 77805
Phone (979) 731-8400 • FAX (979) 731-8408
Exhibit A
Field notes of a 13.66 acre tract or parcel of land, lying and being situated in the Samuel Davidson Survey, Abstract No. 13,
Brazos County, Texas, and tieing part of the called 20.28 acre (net) -'tract 1 and part of the called 1.11 acre - Tract 2
described in the deed from Blake Neal Dick to Karla Koch Dick as recorded In Volume 6039, Page 01, of the Official
Records, Brazos County, Texas, (see also Volume 7647, page 105 of the Official Records, Brazos County, Texas), and said
13.66 acre tract being more particularly described as follows:
COMMENCING at the 112" iron rod found at a 6" cedar post fence corner in the northwest line of Straub Road (County
Road) marking the south corner of the beforementioned 1.11 acre tract;
THENCE N 29° 1913811 W along the southwest line of the beforementioned 1.11 acre tract, same being along the northeast
line of the remainder of the Beal - called 17.659 acre tract (said 1.11 acre tract being out of this 17.659 acre tract) described
as 2nd Part, recorded in Volume 258, Page 634, of the Deed Records of Brazos County, Texas, adjacent to a fence for a
distance of 497.38 feet to a 12" Iron rod set at a 6" cedar post fence comer for the PLACE OF BEGINNING of this
description;
THENCE N 29° 1913811 W continuing along the southwest line of the beforementioned 1.11 acre tract, at a distance of 471.89
feet, pass the east corner of the Watson - called 6.05 acre tract, described in Volume 7612, Page 265, of the Official Records,
Brazos County, Texas, continue on, for a total distance of 806.63 feet to a 112" iron rod found marling the west comer of the
1.11 acre tract, same being the interior ell comer of the 6.05 acre tract, from which an 8" cedar post fence corner bears S 810
42' 10" E -1.8 feet;
THENCE N 43° 45' 17" E along the southeast line of the beforementioned 6.05 acre tract, adjacent to a fence, for a distance
of 682.49 feet to a 1/2" iron rod set near water meter In the southwest line of Straub Road (County Road), from which a 1/211
iron rod found at the east comer of the 6.05 acre tract in the original northeast line of the beforementioned 20.28 acre tract
bears N 43° 45' 17" E - 26.42 feet;
THENCE S 2902115611 E along the southwest line of Straub Road, adjacent to a fence, at a distance of 4.3 feet, pass a 6"
cedar post, continue on, for a total distance of 1015.57 feet to a 1/211 iron rod set;
THENCE S 61° 34' 42" W across the beforementioned 20.28 acre and 1.11 acre tracts, and along the northwest line of
proposed division 't'ract 1(6.66 acres), adjacent to a fence, for a distance of 653.71 feet to the PLACE OF BEGINNING,
containing 13.66 acres of land, more or less.
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SCHEDULE B EXCEPTIONS
a. Easements or claims of easements which are not recorded in the public records of
Brazos County, Texas.
b. Easement executed by S. S. Battle to The International and Great Northern Railroad
Company, dated August 12, 1901, recorded in Volume 24, page 372, Deed Records of
Brazos County, Texas.
C. Blanket Right-of-Way Easement granted to the City of Bryan, Texas by Dean Beal as
set out in instrument dated September 23, 1980, recorded in Volume 465, Page 174 of
the Deed Records of Brazos County, Texas.
d. Right-of-Way Easement granted to the City of Bryan by Robert Beal and Lois Beal
Long Wagley as set out in instrument dated October 31, 1996, recorded in Volume
2779, Page 206 of the Official Public Records of Brazos County, Texas.
e. Blanket Right-of-Way Easement granted to Wellborn Special Utility District by Blake
and Karla Dick as set out in instrument dated June 7, 1999, recorded in Volume 3645,
Page 251 of the Official Public Records of Brazos County, Texas.
f. Blanket Right-of-Way Easement granted to Wellborn Special Utility District by Blake
N. Dick and wife, Karla Koch Dick as set out in instrument dated July 25, 2001,
recorded in Volume 4322, Page 218 of the Official Public Records of Brazos County,
Texas.
g. Blanket Right-of-Way Easement granted to Wellborn Special Utility District by Karla
Ann Koch Seeton as set out in instrument dated August 24, 2009, recorded in Volume
9312, Page 126 of the Official Public Records of Brazos County, Texas,
h. Affidavit giving notice of on-site wastewater treatment system, executed by Karla Koch
Dick, dated January 4, 2000 recorded in Volume 3705, page 236 of the Official Public
Records of Brazos County, Texas.
i. Agreement executed by R. H. Beal to Phil L. Davant, dated June 5, 1935, recorded in
Volume 89, page 448 of the Deed Records of Brazos County, Texas.
j. Conveyance of mineral interest from R. H. Beal and wife, Lena Beal to J. S. Foster as
set out in instrument dated March 23, 1938, recorded in Volume 96, page 134 of the
Deed Records of Brazos County, Texas. Title to said interest has not been investigated
subsequent to date thereof
k. Conveyance of royalty interest from Richard L. Foster to Fred J. Rosenblath as set out
in instrument dated August 8, 1994, recorded in Volume 2221, page 235 of the Official
Public Records of Brazos County, Texas. Title to said interest has not been investigated
subsequent to date thereof.
1. Mineral Reservation as set out in deed dated November 25, 1998 from Robert L. Beal
and wife, Mary Beal to Ryan Lee Stoker and Christy Stoker Cox, recorded in Volume
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3321, page 32, Official Public Records of Brazos County, Texas. Title to this interest
not investigated subsequent to date of said instrument.
in. Mineral Reservation as set out in deed dated November 25, 1998 from Ryan Lee Stoker
et al to Blake N. Dick and wife, Karla Koch Dick, recorded in Volume 3321, page 36,
Official Public Records of Brazos County, Texas. Title to this interest not investigated
subsequent to date of said instrument.
n. Mineral Reservation as set out in deed dated December 2, 2009 from Barker BCS
Group, LLC to Kevin Hodge and Heather Hodge, recorded in Volume 9414, page 42,
Official Public Records of Brazos County, Texas. Title to this interest not investigated
subsequent to date of said instrument. (only as to 3.37 acres)
o. Estate created by oil, gas and mineral lease granted to Cities Service Company by
Robert L. Beal and wife, Mary Frances Beal by instrument dated January 12, 1977,
recorded in Volume 25, Page 421 of the Oil, Gas and Mineral Lease Records of Brazos
County, Texas, and all terms, conditions and stipulations contained therein. Said lease
having been ratified by instruments recorded in Volume 500, page 462 and Volume
506, page 47, both of the Deed Records of Brazos County, Texas. Title to this lease has
not been investigated subsequent to date thereof.
P. Estate created by oil, gas and mineral leases granted to Cities Service Company by Lois
Beal Wagley and husband, Fred Wagley by instruments dated October 12, 1981,
recorded in Volume 43, Page 1 and Volume 44, page 758, both of the Oil, Gas and
Mineral Lease Records of Brazos County, Texas, and all terms, conditions and
stipulations contained therein. Said lease having been ratified by instruments recorded
in Volume 500, page 498 and Volume 514, page 808, both of the Deed Records of
Brazos County, Texas. Title to this lease has not been investigated subsequent to date
thereof.
q. Estate created by oil, gas and mineral leases granted to Cities Service Company by
Richard L. Foster et al by instruments dated October 23, 1981, recorded in Volume 43,
Page 4 and Volume 44, page 754, both of the Oil, Gas and Mineral Lease Records of
Brazos County, Texas, and all terms, conditions and stipulations contained therein.
Title to this lease has not been investigated subsequent to date thereof.
r. Estate created by oil, gas and mineral leases granted to Cities Service Company by
Frances Bell Foster by instruments dated October 23, 1981, recorded in Volume 43,
Page 6 and Volume 44, page 756, both of the Oil, Gas and Mineral Lease Records of
Brazos County, Texas, and all terms, conditions and stipulations contained therein.
Title to this lease has not been investigated subsequent to date thereof.
S. Estate created by oil, gas and mineral lease granted to Lometa Petroleum Corporation
by France Belle Foster by instrument dated May 28, 1991, recorded in Volume 1271,
Page 175 of the Official Public Records of Brazos County, Texas, and all terms,
conditions and stipulations contained therein. Title to this lease has not been
investigated subsequent to date thereof
t. Estate created by oil, gas and mineral lease granted to Lometa Petroleum Corporation
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by Suzanne Foster Zajicek by instrument dated May 31, 1991, recorded in Volume
1285, Page 288 of the Official Public Records of Brazos County, Texas, and all terms,
conditions and stipulations contained therein. Title to this lease has not been
investigated subsequent to date thereof.
U. Estate created by oil, gas and mineral lease granted to Lometa Petroleum Corporation
by Elizabeth Foster by instrument dated August 5, 1991, recorded in Volume 1319,
Page 127 of the Official Public Records of Brazos County, Texas, and all terms,
conditions and stipulations contained therein. Title to this lease has not been
investigated subsequent to date thereof.
V. Estate created by oil, gas and mineral lease granted to Lometa Petroleum Corporation
by Richard L. Foster by instrument dated July 11, 1991, recorded in Volume 1323,
Page 256 of the Official Public Records of Brazos County, Texas, and all terms,
conditions and stipulations contained therein. Title to this lease has not been
investigated subsequent to date thereof.
W. Estate created by oil, gas and mineral lease granted to Lometa Petroleum Corporation
by James Boanerges by instrument dated November 8, 1991, recorded in Volume 1381,
Page 347 of the Official Public Records of Brazos County, Texas, and all terms,
conditions and stipulations contained therein. Title to this lease has not been
investigated subsequent to date thereof.
X. Estate created by oil, gas and mineral lease granted to Lometa Petroleum Corporation
by Robert L. Beal by instrument dated December 10, 1991, recorded in Volume 2726,
Page 171 of the Official Public Records of Brazos County, Texas, and all terms,
conditions and stipulations contained therein. Title to this lease has not been
investigated subsequent to date thereof.
Y. Estate created by oil, gas and mineral lease granted to Lometa Petroleum Corporation
by Lois Beal Wagley et vir by instrument dated December 10, 1991, recorded in
Volume 2726, Page 174 of the Official Public Records of Brazos County, Texas, and
all terms, conditions and stipulations contained therein. Title to this lease has not been
investigated subsequent to date thereof.
Z. Estate created by oil, gas and mineral lease granted to RME Petroleum Company by
Robert L. Beal by instrument dated May 15, 2001, recorded in Volume 4231, Page 99
of the Official Public Records of Brazos County, Texas, and all terms, conditions and
stipulations contained therein. Title to this lease has not been investigated subsequent to
date thereof.
aa. Estate created by oil, gas and mineral lease granted to RME Petroleum Company by
Ryan Lee Stoker and wife, Lori Stoker by instrument dated June 6, 2001, recorded in
Volume 4297, Page 68 of the Official Public Records of Brazos County, Texas, and all
terms, conditions and stipulations contained therein. Title to this lease has not been
investigated subsequent to date thereof.
bb. Memorandum of Oil, Gas and Mineral Lease Agreement made and entered into on
December 9, 1991 by and between Robert Beal et al as Lessors, and Lometa Petroleum
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Corporation as Lessee, said Memorandum of Lease recorded in Volume 1385, page 328
of the Official Public Records of Brazos County, Texas. Title to this interest not
investigated subsequent to date of said instrument.
CC. Memorandum of Oil, Gas and Mineral Lease Agreement made and entered into on
January 1, 2008 by and between Robert L. Beal as Lessor, and NGS Technologies, Inc.
as Lessee, said Memorandum of Lease recorded in Volume 8434, page 39 of the
Official Public Records of Brazos County, Texas. Title to this interest not investigated
subsequent to date of said instrument.
dd. Memorandum of Oil, Gas and Mineral Lease Agreement made and entered into on
March 1, 2008 by and between Christy Stoker Cox as Lessor, and NGS Technologies,
Inc. as Lessee, said Memorandum of Lease recorded in Volume 8592, page 297 of the
Official Public Records of Brazos County, Texas. Title to this interest not investigated
subsequent to date of said instrument.
ee. Memorandum of Oil, Gas and Mineral Lease Agreement made and entered into on
March 1, 2008 by and between Ryan Lee Stoker as Lessor, and NGS Technologies, Inc.
as Lessee, said Memorandum of Lease recorded in Volume 8593, page 1 of the Official
Public Records of Brazos County, Texas. Title to this interest not investigated
subsequent to date of said instrument.
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CURATIVE MATTERS
a. Vendor's Lien retained in deed dated December 30, 2008 from Karla Ann Seeton f/k/a
Karla Koch Dick and Karla Ann Koch et al to B&B Investments, a Texas partnership
recorded in Volume 8916, page 159, securing the payment of one note of even date
therewith in the principal sum of $163,920.00, payable to First Star Bank, SSB, and
additionally secured by Deed of Trust of even date therewith executed by B&B
Investments, a Texas partnership to Norman E. Koch, Trustee, said deed of trust filed
for record with the County Clerk of Brazos County, Texas on January 2, 2009 and
recorded in Volume 8916, Page 162 of the Official Public Records of Brazos County,
Texas. (3.37 acre tract has been released by instrument recorded in Volume 9426, page
241, Official Public Records of Brazos County, Texas)
Said note and lien assumed by Assumption Warranty Deed dated November 4, 2009 by
Barker BCS Group, LLC, recorded in Volume 9377, page 188, and being additionally
secured by Deed of Trust to Secure Assumption dated October 2, 2009, executed by
Corey Barker and Thomas R. Barker, Managing Members, Barker BCS Group, LLC,
and recorded in Volume 9343, page 63 of the Official Public Records of Brazos
County, Texas. (3.37 acre tract has been released by instrument recorded in Volume
9426, page 241, Official Public Records of Brazos County, Texas)
b. Property described is listed as additional collateral for Deed of Trust dated October 2,
2009, executed by Corey Barker and Thomas R. Barker, Managing Members, Barker
BCS Group, LLC to Norman E. Koch, Trustee, said deed of trust filed for record with
the County Clerk of Brazos County, Texas on October 8, 2009 and recorded in Volume
9343, Page 53 of the Official Public Records of Brazos County, Texas. (3.37 acre tract
has been released by instrument recorded in Volume 9426, page 243, Official Public
Records of Brazos County, Texas)
C. Vendor's Lien retained in deed dated December 2, 2009 from Barker BCS Group, LLC
to Kevin Hodge and Heather Hodge recorded in Volume 9414, page 42, securing the
payment of one note of even date therewith in the principal sum of $125,300.00,
payable to Brazos Valley Bank, NA, and additionally secured by Deed of Trust of even
date therewith executed by Kevin Hodge and wife, Heather Hodge to Steven D. Harper,
Trustee, said deed of trust filed for record with the County Clerk of Brazos County,
Texas on December 3, 2009 and recorded in Volume 9414, Page 48 of the Official
Public Records of Brazos County, Texas. (as to 3.37 acres)
d. Assignment of Rents, Leases, and Other Benefits dated December 2, 2009 by and
between Kevin Hodge and wife, Heather Hodge (Assignors) and Brazos Valley Bank,
NA (Assignee), recorded in Volume 9414, page 54 of the Official Public Records of
Brazos County, Texas. (as to 3.37 acres)
e. This report does not cover matters of survey, including, but not limited to
discrepancies, conflicts or shortages in area of boundary lines or any encroachments or
protrusions or any overlapping improvement.
f. Standby fees, taxes and assessments have not been investigated.
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This report is prepared and delivered with the express understanding and agreement, evidenced by the
acceptance hereof, that the undersigned is not rendering an opinion as to the title to the land under
investigation herein, and while believing its construction of the records as hereinabove set out to be true
and correct, still will incur no liability beyond the fee paid for this report by reason of such construction,
nor will it be liable for any error or omission of any kind whatsoever. This report is prepared for
informational purposes only, exclusively for the party paying the fee.
U~l Yl/
Dana Gonzales, Title h aminer
Preparation Date: February4, 2010
Effective Date: January 25, 2010
Effective Time: 07:00 am
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