HomeMy WebLinkAbout10-00500050- 00075459TEXAS OOM MI'rM ENT FOR Ta Ta..E aNtiaJKANCE
E ffecT3ve Data: January 37, 2610 at 8 :00 a_m_
Cl oanxnitm ent issued March L 2610, 8 :00 a.m.
SCHEDULE A
1. The policy or policies to be issued arc:
(a� OWNER POLICY OF TITLE INSURANCE
(Not applicable for improved one -to -four family resideartia7 real estate)
Policy Amount: $25(1,600_0U
PROPOSED TN SU REU:
Enter r T¢sas_ lcac_
(b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSLRANCE
- ONE -TO -FOUR FAMILY RESIDENCES (Form T -I R)
Policy Amount $
PROPOSED INSURED:
(cj MORTGAGEE POLICY OF TITLE IN SLJKANCE (FORM T -2J
Policy AmounT: $
PROPOSED IN SUKED:
Proposed Borrower:
(dj TEXAS SHORT FORM RESIDENTIAL MORTGAGEE YOLICY (Form T -2R)
Policy Amount: $
PROPOSED IN SLTRED:
Proposed Borrower:
GF No_ 001.00 -498
(e) MORTGAGEE TITLE POLTCY BINDER ON INTF_RIM C.ON STKUCTION LOAN (Form T -13�
Binder Amount $
PROPOSED LATSURF_D:
Proposed Borrower.
(f] OTHEK:
Policy Amount $
PROPOSED INSURED:
2. The interest in the land covered by this Coxnmi[m ent is. Tracts One and Two: Fee simple
Tract Three. Easement
3. Record Title to the la»d on The Effective Date appears to be vested in:
F3 rvan U_ Jones_ Cherries Eric Jones eared 1�l xarsh all 13. Jones
U nivarsit}' Title Conap any
Tco:as Commixmanv '1 -1 (Kav_ 1 -1 -93) - Sc6cdulc A
_Alliant: Nafiora al Tit1c
valid Only if ScUW ulc Ct, C, n and Cover arc aavchcd
O
SCHEDULE A - continued
4. Legal description of land:
GF No. 0010449$
See Exhibit a attached hereto and made a part hereof.
SCHEDULE B
GF No. 00100498
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and
expenses resulting from:
1. The following restrictive covenants of record itemized below (We must either insert specific recording data or
delete this exception):
Item No. 1, Schedule B, is hereby deleted.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any
overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the
Owner Policy only.)
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 rights of access to that
area or easement along and across that area.
(Applies to the Owner Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for the year 2010, 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. (If
Texas Short Form Residential Mortgagee Policy (T -2R) is issued, that policy will substitute "which become due
and payable subsequent to Date of Policy" in lieu of "for the year and subsequent years. ")
6. The terms and conditions of the documents creating your interest in the land.
7. Materials furnished or labor performed in connection with planned construction before signing and delivering the
lien document described in Schedule A, if the land is part of the homestead of the owner.(Applies to the Mortgagee
Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to
us before a binder is issued.)
8. Liens and leases that affect the title to the land, but that are subordinate -to the lien -of the insured -
mortgage.(Applies to Mortgagee Policy T -2 only.)
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential
Mortgagee Policy (T -2R). (Applies to Texas Short Form Residential Mortgagee Policy (T -2R) only. Separate
University Title Company
Alliant National Title
Texas Commitment T -7 (Rev. 1 -1 -93) - Schedule B Valid Only if Schedule A, C D and Cover are attached
SCHEDULE B - continued
GF No. 00100498
exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Mortgagee Policy (T-
2R).
10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert
matters or delete this exception):
a. Rights of Parties in Possession. (OWNER POLICY ONLY)
b. "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 interest that are not listed herein."
c. Visible and apparent easements.
d. Portion of the property within any roadway.
e. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting title that would be
disclosed by an accurate and complete land survey of the land.
f. Rights of others to use and benefit of 60' access easement described herein as Tract Two.
g. Changes in area or boundary lines by reason of erosion, avulsion or accretion caused by Carter's Creek,
which forms a boundary of the tract insured herein.
h. Blanket Electrical Easement:
From: Lydia Boriskie
To: City of Bryan
Dated: May 15, 1972
Recorded: Volume 304, Page 237, Deed Records, Brazos County. Texas. (Tracts One, Two & Three)
i. Blanket Electrical Easement:
From: V'. J. Boriskie, et ux
To: City of Bryan
Dated: April 30, 1937
Recorded: Volume 98, Page 217, Deed Records, Brazos County, Texas. (Tracts One, Two & Three)
j. Blanket Electrical Easement:
From: Joe M. Boriskie, et ux
To: City of Bryan
Dated: April 15, 1937
Recorded: Volume 98, Page 216, Deed Records, Brazos County. Texas. (Tracts One, Two & Three)
k. Defined Sewer Easement:
From: Lydia F. Boriskie
To: City of College Station
Dated: September 21, 1978
Recorded: Volume 407. Page 800, Deed Records. Brazos County, Texas. (Tract Two)
1. Blanket Pipeline Easement:
From: The Lydia Boriskie Partnership
To: Ferguson Burleson County Gas Gathering System
Dated: October 4, 1993
SCHEDULE B - continued
GF No. 00100498
Recorded: Volume 2065, Page 120, Official Records, Brazos County, Texas.
Redefined:
Recorded: Volume 4371, Page 295, Official Records, Brazos County, Texas. (Tracts One & Two)
m. Easement:
From: V. J. Boriskie and wife, Julia S. Boriskie
To: Gulf States Utilities Company
Dated: May 15, 1947
Recorded: Volume 130, Page 237, Deed Records, Brazos County, Texas. (Tract One)
n. Easement:
From: Lydia Frances Boriskie, Executrix of the Estate of V. J. Boriskie, Deceased
To: City of Bryan
Dated: July 11, 1972
Recorded: Volume 307, Page 310, Deed Records, Brazos County, Texas. (Tract One)
o. Easement:
From: Lydia F. Boriskie
To: Gulf States Utilities Company
Dated: July 24, 1980
Recorded: Volume 456, Page 380, Deed Records, Brazos County, Texas. (Tracts One & Two)
p. Easements:
From: V. J. Boriskie and J. M. Boriskie
To: Humble Pipe Line Company
Dated: July 21, 1919
Recorded: Volume 49, Page 18 and Volume 49, Page 33, Deed Records, Brazos County, Texas.
Amended:
Recorded: Volume 513, Page 156, Deed Records, Brazos County, Texas and Volume 854, Page 599,
Official Records, Brazos County, Texas. (Tracts One, Two & Three)
q. Easement:
From: Lydia F. Boriskie
To: City of College Station
Dated: February 23, 1982
Recorded: Volume 510, Page 629, Deed Records, Brazos County. Texas. (Tract One)
r. Easement:
From: Lydia F. Boriskie
To: City of College Station
Dated: November 14, 1988
Recorded: Volume 1085, Page 89, Official Records, Brazos County, Texas. (Tract One)
s. Easement:
From: Charles B. Jones, et ux
To: City of College Station
Dated: March 24, 2006
Recorded: Volume 7239, Page 232, Official Records, Brazos County, Texas. (Tracts One & Two)
SCHEDULE B - continued
GF No. 00100498
t. Mineral Reservation in Deed:
By: Virginia B. Hermann
To: Burton Ray Hermann
Dated: December 13, 1993
Recorded: Volume 1988, Page 45, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument. (Tracts One & Two)
u. Mineral Reservation in Deed
By: Michael W. Thiltgen, et ux
To: Burton B. Hermann, et ux
Dated: April 6, 1994
Recorded: Volume 2085, Page 289, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument. (Tracts One & Two)
v. Royalty Reservation in Deed:
By: Burton Ray Hermann, et ux
To: C. B. Jones
Dated: March 15,1996
Recorded: Volume 2557, Page 109, Official Records of Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument. (Tract Two)
w. Royalty Reservation in Deed:
By: Lydia Boriskie
To: Michael W. Thiltgen
Dated: February 10, 1982
Recorded: Volume 510, Page 482, Deed Records of Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument. (Tracts One & Two)
x. Royalty Reservation in Deed:
By: Lydia Boriskie
To: Virginia J. Hermann
Dated: February 10, 1982
Recorded: Volume 510, Page 493, Deed Records of Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument. (Tracts One & Two)
y. Oil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor: City of College Station
Lessee: Ineo Oil Corporation
Dated: May 3, 1993
Recorded: Volume 1851, Page 86, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument. (Tract Three)
SCHEDULE C - continued
GF No. 00100498
11. ARBITRATION:
The Owner Policy of Title Insurance (Form T -1) and the Mortgagee Policy of Title Insurance (Form T -2) contain
an arbitration provision. It allows the Insured or the Company to require arbitration if the amount of insurance is
$2,000,000 or less. If the Insured wants to retain the right to sue the Company in case of a dispute over a claim,
the Insured must request deletion of the arbitration provision before the Policy is issued. The Insured may do this
by signing the Deletion of Arbitration Provision form and returning it to the Company at or before the closing of
the real estate transaction or by writing to the Company.
NOTE 1: If you are the lender in the transaction and desire deletion of the Arbitration Provision , please inform us
through your loan closing instructions.
NOTE 2: This does not apply to Texas Residential Owner Policy of Title Insurance - One to Four Family
Residences. If you are the purchasers of non- residential property and desire the deletion of the Arbitration
Provision, a form will be presented to you at closing for execution.
12. If subject transaction will utilize a prior survey, we will require a full size, legible copy of said survey, with
the surveyor's field notes, if any. Upon receipt of the existing survey, we reserve the right to determine whether
said survey is acceptable for insuring purposes according to our underwriter guidelines.
NOTE: While a survey may be acceptable for insuring purposes, all surveys are subject to final approval by lender.
13. Twenty -four Month Chain of Title:
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 and our records reflect that the following is a true
and correct list of DEEDS affecting title to the real property described supra for the preceding twenty -four
months:
Vesting Deed to owners shown herein was dated November 5, 2008 and recorded in Volume 8875, Page 191,
Official Records, Brazos County, Texas. (Tracts One, Two & Three)
14. Lack of dedicated access to and from subject tract. We will require satisfactory evidence that such access does
exist, or is subsequently granted to the owners herein, or any policies to be issued will contain the appropriate
exceptions as to lack of access. (Tract Two)
15. We must be furnished with a Corporate Resolution of the Board of Directors of Enter," Texas, Inc., authorizing
the transaction and naming the officers authorized to execute the necessary documents.
NOTE: Closer should be satisfied as to the corporate status of said corporation and that same is in good standing.
16. Furnish the marital status of Bryan D. Jones, Charles Eric Jones and Marshall B. Jones. Company requires the
joinder of spouse(s) in any transaction involving subject property.
University Title Company
Authorized Countersignature (JMPirdrj
SCHEDULE D
GF No. 00100498
Pursuant to the requirements of Rule P -21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State
of Texas, the following disclosures are made:
1. The following individuals are directors and/or officers, as indicated, of Alliant National Title Insurance Company
• W. Allen Shindler, Chairman of the Board Robert Scott Hendrickson, Chief Financial Officer
• David D. Ginger, President Phyllis J. Mulder, Texas General Counsel
• Robert J. Grubb, Chief Executive Officer * Raymond J. BonAnno
William Brendemuhl, General Counsel & Secretary * Richard W. Stone
* John R. Baumgart
* Indicates Director
Agent Investors Group of America, LLC, owns 100% of the stock of Alliant National Title Insurance Company, Inc.
and Mt. Audubon Associates and John R. Baumgart owns ten percent or more of Agents Investors Group of America, LLC.
2. The following disclosures are made by UN nTRSITSr' TITLE COMPANY issuing this commitment:
a. The listing of each shareholder, owner, partner or other person having, owning or controlling one percent (1%) or more of the
Title Insurance Agent that will receive a portion of the premium are as follows:
Celia Goode
William C. Lipsey
Michael R. Hoelscher
b. If the Agent is a corporation: (i) the name of each director of the Title Insurance Agent, and (ii) the names of the President, the
Executive or Senior Vice President, the Secretary and the Treasurer of the Title Insurance Agent are as follows:
Officers Directors
President - Celia Goode Celia Goode
Vice President - Michael R. Hoelscher Michael R. Hoelscher
Secretary/Treasurer - William C. Lipsey William C. Lipsey
3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this
commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or
corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement.
You are further advised that the estimated title premium* is:
Owners Policy $ 1447.00
Mortgage Policy $
Endorsement Charges $
Total $ 1,447.00
Of this total amount: $ or 15.00% will be paid to the policy issuing Title Insurance Company: $ or 85.00% will
be retained by the issuing Title Insurance Agent, and the remainder of the estimated premium will be paid to other parties as
follows:
Amount
To Whom
For Services
* The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance.
Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations
adopted by the State Board of Insurance.
Exhibit A
Tract One: Fee Simple
That certain 12.47 acre tract out of the Morgan Rector League, Abstract 46, Brazos County, Texas and being that same
called 12.47 acre tract conveved to Bryan D. Jones, Charles Eric Jones and Marshall B. Jones as recorded in Volume 8488,
Page 248 (Tract Four) and Volume 8875, Page 191 (Tract Two) of the Official Public Records of Brazos County, Texas, said
12.47 acres being more particularly described by metes and bounds as follows:
Note: Bearings are referenced to the NAD83 Texas State Plane Coordinate Svstem, Central Zone #4203.
BEGINNING at a 1/2" iron rod found in the Southeasterly line of a called 7.62 acre tract conveyed to Richard Smith as
recorded in Volume 328, Page 75 of the Deed Records of Brazos County, for the North corner of a called 9.74 acre
tract cony to the Cite of College Station as recorded in Volume 368, Page 336 of the Deed Records of Brazos County,
Texas and the West corner of the said 12.47 acre tract;
THENCE North 42' 20' 28" East along the said Southeasterly line of the 77.62 acre tract and the Northwesterly line of the
said 12.47 acre tract a distance of 728.30 feet (called North 42' 23' 39" East 728.19 feet) to a 1/2" iron rod found for the West
corner of a called 45.12 acre tract recorded in said Volume 8488, Page 248 (Tract Three) and Volume 8875, Page 191 (Tract
One) and the North corner of the said 12.47 acre tract;
THENCE along the Southwesterly line of the said 45.12 acre tract and the NortheasterIv line of the said 12.47 acre tract with
the following courses and distances:
South 53' 53' 24" East a distance ol'215.16 feet (called South 53' 52' 13" East 215.17 feet) to a 5/8" iron rod found for an
angle point;
South 00" 19' 42" East a distance of 564.48 feet (called South 00' 16' 50" West 546.51 feet) to a 5/8" iron rod found for an
angle point;
South 44' 36' 27" East a distance of 391.16 feet (called South 44' 33' 35" East 391.16 feet) to a 1/2" capped iron rod set for
the north corner of a called 23.75 acre tract conveyed to C. Carl Kolbe as recorded in Volume 2558, Page 126-, Volume 3213,
Page 335 and Volume 3213, Page 339 of the Official Public Records of Brazos County, Texas and the East corner of the said
12.47 acre tract;
THENCE South 45' 21' 32" West along the Northwesterl ' v line of the said 23.75 acre tract and the Southeasterly line of the
said 12.4 acre tract a distance of 380.15 feet (called South 45" 33' 35" West 380.00 feet) to a 5/8" iron rod found in the
Northeasterly line of Horse haven Estates,, a plat recorded in Volume 4285, Page 35 of the Official Public Records of Brazos
County, Texas for a West corner of the said 23.75 acre tract and the South corner of the said 12.47 acre tract;
THENCE North 50" 29' 50" West along the said Northeasterly line of the Horse Haven Estates and a Southwesterly line of
the said 12.47 acre tract a distance of 378.70 feet (called North 50' 28' 03" West 378.90 feet) to a 1/2" iron rod found for the
East corner of the said 9.74 acre tract and an angle point of the said 12.47 acre tract,
THENCE North 39' 40' 28" West along the Northeasterly line of the said 9.74 acre tract and a Southwesterly line of the said
12.47 acre tract a distance of 544.60 feet (called North 39' 37' 26" NVest 594.66 feet) to the POINT OF BEGINNING and
containing 12.47 acres of land, more or less.
Tract Two: Fee Simple
That certain 4.145 acre tract out of the Morgan Rector League, Abstract 46, Brazos County, Texas, and being out of a called
45.12 acre tract conveyed to Bryan D. Jones, Charles Eric Jones and Marshall B. Jones its recorded in Volume 8488, Page
248 (Tract Three) and Volume 8875, Page 191 (Tract One) of the Official Public Records of Brazos County, Texas, said 4.145
acres being more particularly described by metes and bounds as follows:
Note: Bearings are referenced to the NAD83 Texas State Plane Coordinate System, Central Zone #4203.
Bearings
at a 112" iron rod found in the Southeasterly line of a called 77.62 acre tract conveyed to Richard Smith as
recorded in Volume 328, Page 75 of the Deed Records of Brazos County, Texas for the North corner of a called 9.74 acre
tract conveyed to the City of College Station as recorded in Volume 368. Page 336 of the Deed Records of Brazos County,
Texas and the er of the said 12.47 acre tract convcved to Bryan D. Jones, Charles Eric Jones and Marshall B.
e West corner
Jones as recorded in Volume 8488, Page 248 (Tract Four) and Volume 8875, Page 191 (Tract Two) of the Official Public
Records of Brazos County. Texas:
THENCE North 42" 20' 28" East along the said Southeasterly line of the 77.62 acre tract and the Northwesteriv line of the
said 12.47 acre tract. a distance of 728.30 feet (called North 42' 23 39" East 728.19 feet) to a 112" iron rod found for the
North corner of the said 12.47 acre tract and the most Northerly West corner of the said 4.145 acre tract and the POINT OF
BEGINNING;
THENCE North 42' 20' 28" East continuing along the said Southeasterly line of the 77.62 acre tract and the Northwesterly
line of the said 45.12 and 4.145 acre tract a distance of 82.38 feet to a point in the Southwesterly bank of Carter's Creek for
the North corner of the said 4.145 acre tract;
THENCE along the said Southwesterly bank of Carter's Creek with the following bearings and distances:
South 50' 28' 12" East 47.64 feet.
South 40" 56' 20" East 25.67 feet:
South 36" 01' 57" East 20.22 feet,
South 67' 36' 11" East 24.08 feet;
South 35" 51' 29" East 27.66 feet.
South 47' 09' 23" East 24.50 feet
South 28" 42' 22" East 35.27 feet;
South 40" 00' 37" East 23.29 feet;
South 30' 13' 00" East 30.00 feet
South 29' 46' 48" East 20.14 feet,
South 63" 49' 05" East 19.19 feet,
South 35" 47' 21 " East 28.10 feet:
South 27" 04' 57" East 23.63 feet
South 19' 52' 27" East 43.57 feet:
South 24" 05' 22" East 15.21 feet,
South 21" 44' 24" Last 20.48 feet;
South 32" 14' 44" East 25.01 feet;
South 50" 41 'A" East 20.68 feet'.
North 19'42' 12" East 33.43 feet.,
North 10'38' 08" East 20.44 feet;
North 55' 27' 45" East 13.75 feet;
North 89" 54' 58" East 12.37 feet,
South 61' 24' 17" East 6.16 feet,
South 08" 04' 43" East 2.70 feet;
South 35' 47' 55" West 9.14 feet,
South 01" 41' 43" East 9.54 feet-,
South 52' 29' 53" East 12.59 feet:,
THENCE South 42"17'14" West along a Southeasterly line of the said 2.792 acre tract a distance of 61.0.10 fee( to a point for
an interior corner of the said 9J4 acre tract and an angle point nf the said 2.792 acre tract;
THENCE South 42"l0'34" West along a Southeasterly line of the said 9.74 and 2.792 acre tracts a distance of 1420.83 feet
(called South 42" 09' 24" West 1420.83 feet) to a point in the Northeasterly right of way line of State Highway 6 for the South
corner uf the said 9.74 and 2'792acre tracts;
THENCE North 32" 02' 35" West along the said Northeasterly right of way line of State Highway 6 and the Southwesterly
line vf the said 9.74 and 2.792 acre tracts w distance vf6%'3d feet (called North 32"02'35" West 6I36 feet) tvo point for the
N'/nmL corner vf the said 9.74 and 2'79Z acre tracts,
THENCE North 43"1O'34" East along the Northwesterly line of the said 9.74 and 2.792 acre tracts a distance of 1417.77 feet
(called North 4Z"O9' 24" East 1403,82 feet) to a 1/2" iron rod found for an angle point;
THENCE North 42' 17' 14" Lamt000honio- ulouath«oaid Northwesterly line of the 9.74 and 2.792 acre tracts o distance of
6V4.79 feet (called North 42 East 6l9'O4 feet) m the POINT OF BEGINNING and containing 2.792 acres ofland,
more orless.
NOTE: The Company is prohibited from insuring the area orquantity of the land described herein. Any statement iothe
above le-al description of the area or quantity of land is not a representation that such area or quantio is correct, but is
made only for informational uodionidcodficatno purposes and does not override Item 2of Schedule Bhereof.