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HomeMy WebLinkAbout10-00500017- 00075330 Brazos 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. 149052 Title Report Prepared February 9, 2010 for GREENS PRAIRIE INVESTORS, LTD. Attention: MS. VICKI HILLERT Brazos County Abstract Company "More than 130 Years of Title Service" EFFECTIVE DATE: February 5, 2010 at 8 :00 a.m. GF NO. 149052 PROPERTY DESCRIPTION: All that tract or parcel of land lying and being situated in Brazos County, Texas, and being situated in the Robert Stevenson Survey, A -54, and being a part of the same 76.66 acre tract of land described in a deed to Greens Prairie Investors, Ltd, as recorded in Volume 7527, Page 214, of the Brazos County Official Records (B.C.O.R.), and being more particularly described by metes and bounds as follows with all control referred to the 1983 Texas State Plane Coordinate System, Lambert Projection, Central Zone: BEGINNING at a concrete monument with brass cap found for the northeast corner of this tract, also being a southwest interior corner of the 38.064 acre Conservation Zone, as recorded in Vol. 3926, Page 104, of the B.C.O.R., also being a northeast corner of said 76.66 acre tract, from which the College Station GPS monument #138 bears North 61 06'13" East, 3,283.65 feet having a Texas State Plane Coordinate Value of X- 3,578,875.21 (E), Y = 10,191,190.75 (N), THENCE along the common line between this tract and said 38.064 acre tract for the following calls: South 6 °39'06" East, a distance of 140.91 feet to a concrete monument with brass cap found for corner; South 8 °06'38" East, a distance of 314.96 feet to a concrete monument with brass cap found for corner; South 3 °08'27" East, a distance of 29.28 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno - RPLS 1562" set for a southeast corner of this tract; THENCE severing said 76.66 acre tract for the following calls: South 83 °11'53" West, a distance of 121.93 feet to a 5/8" iron rod with an orange plastic cap narked "Carlomagno - RPLS 1562" set for corner; South 6 °48'07" East, a distance of 70.51 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno - RPLS 1562" set for corner; Brazos County Abstract Company "More than 130 Years of Title Service" South 83 °11'53" West, a distance of 50.00 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno - RPLS 1562" set for corner; South 85 °50'21" West, a distance of 122.52 feet to a 5/8" iron rod with orange plastic cap marked "Carlomagno - RPLS 1562" found for a southwest corner of this tract, also being the southeast corner of the Castle Rock Subdivision, Phase 2A, as recorded in Vol. 8693, Page 290, of the B.C.O.R.; THENCE along the common line between this tract and said Phase 2A for the following calls: North 4 °09'39" West, a distance of 125.00 feet to a 5/8" iron rod with orange plastic cap marked "Carlomagno - RPLS 1562" found for corner; North 85 °50'21" East, a distance of 23.69 feet to a 5/8" iron rod with orange plastic cap marked "Carlomagno - RPLS 1562" found for corner; North 4 °09'39" West, a distance of 50.00 feet to a 5/8" iron rod with orange plastic cap marked "Carlomagno - RPLS 1562" found for corner; South 85 °50'21" West, a distance of 36.38 feet to a 5/8" iron rod with orange plastic cap marked "Carlomagno - RPLS 1562" found for corner; North 4 °09'39" West, a distance of 120.00 feet to a 5/8" iron rod with orange plastic cap marked "Carlomagno - RPLS 1562" found for corner; South 85 °50'21" West, a distance of 773.29 feet to a 5/8" iron rod with orange plastic cap marked "Carlomagno - RPLS 1562" found for the southwest corner of this tract, also being a north corner of said Phase 2A, also being a southeast corner of the remainder of said 76.66 acre tract, to be future Castle Rock Phase 4; THENCE severing said 76.66 acre, to be future Castle Rock Phase 4 for the following calls: North 11 °16'38" West, a distance of 118.76 feet to a 5/8" iron rod with orange plastic cap marked "Carlomagno - RPLS 1562" found for corner; Around a curve to the right having a delta angle of 02 °36' 10 ", an arc distance of 10.22 feet, a radius of 225.00 feet, and a chord of North 79 °11'56" East, a distance of 10.22 feet to a 5/8" iron rod with orange plastic cap marked "Carlomagno - RPLS 1562" found for corner; Brazos County Abstract Company "More than 130 Years of Title Service" North 9 °29'59" West, a distance of 50.00 feet to a 5/8" iron rod with orange plastic cap marked "Carlomagno - RPLS 1562" found for corner; THENCE severing said 76.66 acre tract for the following calls: Around a curve to the right having a delta angle of 05 °20'20 ", an arc distance of 25.62 feet, a radius of 275.00 feet, and a chord of North 83 °10'11" East, a distance of 25.62 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno - RPLS 1562" set for a point of tangency; North 85 °50'21" East, a distance of 69.27 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno - RPLS 1562" set for a point of curvature; Around a curve to the left having a delta angle of 90 °00'00 ", an arc distance of 39.27 feet, a radius of 25.00 feet, and a chord of North 40 °50'21" East, a distance of 35.36 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno - RPLS 1562" set for corner; North 85 °50'21" East, a distance of 50.00 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno - RPLS 1562" set for corner; Around a curve to the left having a delta angle of 90 °00'00 ", an arc distance of 39.27 feet, a radius of 25.00 feet, and a chord of South 49 °09'39" East, a distance of 35.36 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno - RPLS 1562" set for a point of tangency; North 85 °50'2 1" East, a distance of 200.00 feet to a 5/8" iron rod with an orange plastic cap marked "CARLOMANO - RPLS 1562" set for a point of curvature; Around a curve to the left having a delta angle of 90 °00'00 ", an arc distance of 39.27 feet, a radius of 25.00 feet, and a chord of North 40 °50'21" East, a distance of 35.36 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno - RPLS 1562" set for corner; North 85 °50'21" East, a distance of 50.00 feet to a 5 /8" iron rod with an orange plastic cap marked "Carlomagno - RPLS 1562" set for corner; Around a curve to the left having a delta angle of 90 °00'00 ", an arc distance of 39.27 feet, a radius of 25.00 feet, and a chord of South 49 °09'39" East, a distance of 35.36 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno - RPLS 1562" set for a point of tangency; Brazos County Abstract Company • "More than 130 Years of Title Service" North 85 °50'21" East, a distance of 200.00 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno - RPLS 1562" set for a point of curvature; Around a curve to the left having a delta angle of 90°00'01", an arc distance of 39.27 feet, a radius of 25.00 feet, and a chord of North 40 °50'21" East, a distance of 35.36 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno - RPLS 1562" set for corner; North 85 °50'21" East, a distance of 50.00 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno - RPLS 1562" set for corner; Around a curve to the left having a delta angle of 90 °00'00 ", an are distance of 39.27 feet, a radius of 25.00 feet, and a chord of South 49 °09'39" East, a distance of 35.36 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno - RPLS 1562" set for a point of curvature; North 85 °50'21" East, a distance of 68.21 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno - RPLS 1562" set for a point of curvature; . Around a curve to the left having a delta angle of 40° 15'44 ", an arc distance of 17.57 feet, a radius of 25.00 feet, and a chord of North 65 °42'29" East, a distance of 17.21 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno - RPLS 1562" set for a point of reverse curvature; Around a curve to the right having a delta angle of 14 °33'55 ", an arc distance of 12.71 feet, a radius of 50.00 feet, and a chord of North 52 °51'35" East, a distance of 12.68 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno - RPLS 1562" set for corner; North 4 °09'39" West, a distance of 81.34 feet to a 5/8" iron rod with an orange plastic cap narked "Carlomagno - RPLS 1562" set for corner; North 19 °26'15" East, a distance of 70.88 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno - RPLS 1562" set for a northwest corner of this tract, also being a point on the southwest line of said 38.064 acre tract; THENCE along the comrnon line between this tract and said 38.064 acre tract, South 70 °32'47" East, a distance of 153.54 feet to the PLACE OF BEGINNING containing 6.513 acres, more or less. Brazos County Abstract Company "More than 130 Years of Title Service" TITLE APPEARS TO BE VESTED IN: GREENS PRAIRIE INVESTORS, LTD. By Assuunption Special Warranty Deed from DD &H Investments, Ltd., flk/a DD &H Investments, Inc., dated August 1, 2006, recorded in Volume 7527, page 214, Official Records of Brazos County, Texas. SUBJECT TO: 1. LIENS: NONE OF RECORD 2. ABSTRACT OF JUDGMENT/FEDERAL AND /OR STATE LIENS: NONE OF RECORD 3. EASEMENTS: Right -of -Way Easement from Ethel Cavitt Estate et al to Wellborn Water Supply Corporation, dated August 11, 1982, recorded in Volume 531, page 722, Deed Records of Brazos County, Texas. Temporary Blanket Utility Easement from Greens Prairie Investors, Ltd. to City of College Station, Texas, dated October 27, 2006, recorded in Volume 7675, page 283, Official Records of Brazos County, Texas. Temporary Access Easement from Greens Prairie Investors, Ltd. to City of College Station, dated February 5, 2008, recorded in Volume 8443, page 8, Official Records of Brazos County, Texas. 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 et al, dated January 24, 1992, recorded in 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. Brazos County Abstract Company "More than 130 Years of Title Service" Mineral reservation in Correction Deed from Timothy J. Crowley to DD &I-I Investments, Inc., dated April 6, 2005, recorded in Volume 6875, page 158, Official Records of Brazos County, Texas. 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 Vohune 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. Oil and Gas Lease dated May 29, 1990 by and between Timothy J. Crowley et al and Union Pacific Resources Company, a Memorandum of which is 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; and 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 2541, page 332, Official Records of Brazos County, Texas. Title to this lease has not been traced subsequent to the date of the above -cited instrument. 6. RESTRICTIONS: Restrictive covenants recorded in Volume 8811, page 155, Official Records of Brazos County, Texas. 7. TAXES: NO SEARCH MADE 8. MISCELLANEOUS: All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records, whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interests that are not listed. 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 Brazos County Abstract Company "More than 130 Years of Title Service" 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 loOr VAN ETTEN