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HomeMy WebLinkAbout10-00500266- 00075564TITLE REPORT for UNIVERSITY TITLE COMPANY 1021 University Dr. East, College Station, Texas 77840 G.F. No.: 00083763 Certification Date: August 28, 2008 Examiner: NBD Property Descrintion: Being all that certain tract of land lying and being situated in the Andrew McMahon Survey, Abstract No. 167, Brazos County, Texas. Said tract being the remainder of a called 22.9 acre tract as described by a Distribution Deed to Billie June Reece, Kathleen Dudley and Carolyn Matheson recorded in Volume 6889, Pages 190 and 193 of the Official Records of Brazos County, Texas. Said remainder of 22.9 acre tract being the remainder of a called 11.984 acre tract described in Volume 305, Page 187 of the Deed Records of Brazos County, Texas, and the remainder of a called 15.98 acre tract described in Volume 281, Page 231, of the Deed Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: BEGINNING at a 112 inch iron rod found on the northwest line of Greens Prairie Road (a county maintained public road) marking the south corner of said remainder of 22.9 acre tract and the southeast corner of Lot 3A, Benjamin Graham Subdivision, according to the plat recorded in Volume 2463, Page 329 of the Official Records of Brazos County, Texas; THENCE: along the common line of said remainder of 22.9 acre tract and said Lot 3A for the following calls: N 03° 27' 00" W for a distance of 725.85 feet to a 1/2 inch iron rod found; S 88° 03' 03" E for a distance of 16.92 feet to a 1/2 inch iron rod found; N 03 34' 22" W for a distance of 119.54 feet to a 112 inch iron rod found marking the northeast corner of said Lot 3A and the southeast corner of a called 3.42 acre tract owned by Donald and Martha Royder according to the Brazos County Appraisal District; r THENCE: N 03° 35' 56" W along the common line of said remainder of 22.9 acre tract for a distance of 329.01 feet to a 5/8 inch iron pipe found marking the south corner of a called 11.18 acre tract as described by a Deed to Walter W. Ruoff, Jr. and wife, Lynn M. Ruoff, recorded in Volume 1694, Page 111, of the Official Records of Brazos County, Texas; THENCE: N 43 06' 08" E along the common line of said remainder of 22.9 acre tract and said 11.18 acre tract for a distance of 300.73 feet to a 112 inch iron rod found marking the common corner of said 11.984 acre tract and said 15.98 acre tract; /THENCE: N 42° 39' 06" E continuing along the common line of said remainder of 22.9 acre tract and said 11.18 acre tract for a distance of 496.70 feet to a 518 inch iron rod found marking the west corner of Block 1, Turnberry Place Subdivision, according to the plat recorded in Volume 4165, Page 77 of the Official Records of Brazos County, Texas; THENCE: along the common line of said remainder of 22.9 acre tract and Lots I - 4, Block 1, Turnberry Place, for the following calls: S 47° 40' 04" E for a distance of 182.99 feet to a 5/8 inch iron rod found marking the common corner of said Lot 4 and Lot 3; S 47° 46' 42" E for a distance of 256.81 feet to a 518 inch iron rod found marking the common corner of said Lot 3 and Lot 2; r S 47° 48' 00" E for a distance of 200.06 feet to a 518 inch iron rod found marking the common corner of said Lot 2 and Lot 1; S 47° 43' 59" E for a distance of 191.71 feet to a 518 inch iron rod found marking the south corner of said Lot 1; THENCE: S 48° 54'07" E along the northeast line of said remainder of 22.9 acre tract for a distance of 8.13 feet to a 6 inch fence corner post found on the northwest line of Greens Prairie Road marking the east corner of said remainder of 22.9 acre tract; THENCE: S 42° 55' 42" W along the northwest line of Greens Prairie Road for a distance of 617.80 feet to a 518 inch iron rod set marking the east corner of the remainder of a called 0.861 acre tract as described by a 206 Deed to Augustine E. Palmisano and Donna L. Palndsano recorded in Volume 7479, Page 230 of the Official Records of Brazos County, Texas; THENCE: N 48' 02' 56" W along the common line of said remainder of 22.9 acre tract and said remainder of 0.861 acre tract for a distance of 143.42 feet to a 1/2 inch iron rod found marking the north corner of said remainder of 0.861 acre tract; THENCE: S 41' 57' 04" W continuing along the common line of said remainder of 22.9 acre tract and said remainder of 0.861 acre tract for a distance of 300.21 feet to a 1/2 inch iron rod found marking the west corner of the remainder of a called tract of land as described by a Deed to Lone Star Gas Company recorded in Volume 148, Page 226 of the Deed Records of Brazos County, Texas; THENCE: S 48' 02' 56" E along the common line of said remainder of 22.9 acre tract and said remainder of d! Lone Star Gas tract for a distance of 138.29 feet to a 518 inch iron rod set on the northwest line of Green Prairie Road; THENCE: S 42' 55' 42" W along the northwest line of Green Prairie Road for a distance of 709.96 feet to the POINT OF BEGINNING containing 22.418 acres of land, more or less. SAVE AND EXCEPT: Metes and bounds description of all that certain tract of land lying and being situated in the Andrew McMahon Survey, Abstract No. 167, Brazos County, Texas. Said tract being a portion of a called 22.418 acre tract as described by a deed to Creek Meadows Partners, L.P. recorded in Volume 7633, Page 239 of the Official Public Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: BEGINNING at a 112 inch iron rod found on the northwest line of Greens Prairie Road (a county maintained public road) marking the southwest corner of said 22.418 acre tract and the southeast corner of Lot 3A, Benjamin Graham Subdivision, according to the plat recorded in Volume 2463, Page 329 of the Official Public Records of Brazos County, Texas; THENCE: Along the common line of said 22.418 acre tract and said Lot 3A for the following calls: N 03' 27' 00" W for a distance of 725.85 feet to a 112 inch iron rod found; S 88' 03' 03" E for a distance of 16.92 feet to a 112 inch iron rod found; N 03' 34' 22" W for a distance of 26.58 feet to a 518 inch iron rod set marking the north corner of this herein described tract, for reference a 112 inch iron rod found marking the northeast corner of said Lot 3A bears: N 03' 34'22" W for a distance of 92.96 feet; THENCE: Through said 22.418 acre tract for the following calls: S 42' 39' 53" E for a distance of 368.04 feet to a 5l8 inch iron rod set; S 42' 55' 42" W for a distance of 144.63 feet to a 518 inch iron rod set; S 03' 27' 00" E for a distance of 227.93 feet to a 518 inch iron rod set on the northwest line of Greens Prairie Road marking the southeast corner of the herein described tract; THENCE: S 42' 55' 42" W along the northwest line of Greens Prairie Road for a distance of 200.00 feet to the POINT OF BEGINNING containing 230 acres of land, more or less. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement In the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes. Title Vested In: Creek Meadows Partners, L.P. Vesting Deed to owners shown herein was dated October 5, 2006 and recorded in Volume 7633, Page 239, Official Records, Brazos County, Texas. Subiect To: Deed of Trust to secure a Note Grantor: Creek Meadows Partners, L.P. Trustee: Timothy C. Jones Beneficiary: First Victoria National Bank Amount: $1,214,487.00 Dated: December 21, 2007 Recorded: Volume 8398, Page 70, Official Records, Brazos County, Texas. Restrictions: None of Record Exceptions: 10' Telephone Easement: From: John W. Holick, et ux To: General Telephone Company of the Southwest Dated: September 7, 1984 Recorded: Volume 735, Page 202, Official Records, Brazos County, Texas. 10' Easement: From: John W. Holick, et ux To: GTE Southwest, Incorporated Dated: March 5, 1990 Recorded: Volume 1188, Page 185, Official Records, Brazos County, Texas. Easement: From: John W. Holick, et ux To: County of Brazos Dated: August 1, 1990 Recorded: Volume 1201, Page 336, Official Records, Brazos County, Texas. Blanket Easement: From: Johnnie W. Holick, et ux To: Wellborn Special Utility District Dated: September 8, 1999 Recorded: Volume 3645, Page 274, Official Records, Brazos County, Texas. Blanket Easement: From: J. W. McCulloch, et al To: Lone Star Gas Company Dated: December 19, 1952 Recorded: Volume 148, Page 478, Deed Records, Brazos County, Texas. Blanket Easement: From: J. W. McCulloch, et al To: Lone Star Gas Company Dated: May 25, 1959 Recorded: Volume 198, Page 59, Deed Records, Brazos County, Texas. Blanket Easement: From: John W. Holick, et ux To: City of Bryan Dated: October 5, 1972 Recorded: Volume 310, Page 314, Deed Records, Brazos County, Texas. Blanket Easement: From: John W. Holick, et ux To: City of Bryan Dated: June 9, 1977 Recorded: Volume 378, Page 194, Deed Records, Brazos County, Texas. Easement: From: Creek Meadows Partners, L.P. To: City of College Station Dated: December 11, 2007 Recorded: Volume 8400, Page 209, Official Records, Brazos County, Texas. Easement: From: Creek Meadows Partners, L.P. To: City of College Station Dated: July 16, 2007 Recorded: Volume 8127, Page 260, Official Records, Brazos County, Texas. Terms, Conditions, and Stipulations in the Pre - Development and Easement Agreement by and between: Parties: Creek Meadows Partners, L.P. and E. Hubbard Kennady Family Limited Partnership Dated: April 30, 2007 Recorded: Volume 7944, Page 208, Official Records, Brazos County, Texas. Minerals and /or Royalties: Mineral Reservation in Deed with Waiver of Surface Rights: By: Billie June Reece, et al To: Creek Meadows Partners, L.P. Dated: October 5, 2006 Recorded: Volume 7633, Page 239, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. Oil and Gas Lease, and all terms, conditions and stipulations therein: Lessor: John W. Holick, et ux Lessee: Getty Oil Company Dated: August 23, 1978 Recorded: Volume 33, Page 354, Oil & Gas Lease Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. Upon examination of the public records of Brazos County, Texas, we find no exception to title of the subject property other than those shown above. This Title Report is issued with the express understanding, evidenced by acceptance of same, that the liability of the undersigned is limited to the actual monetary consideration paid for same. University Title Company (RDF) )X e GF Number: 00083763 Effective Date: August 24, 2008 Examiner: NBA NOTHING FURTHER CERTIFICATE STATE OF TEXAS COUNTY OF BRAZOS THIS IS TO CERTIFY: That 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 as to the following property, to- wit: Being all that certain tract of land lying and being situated in the Andrew McMahon Survey, Abstract No. 167, Brazos County, Texas. Said tract being the remainder of a called 22.9 acre tract as described by a Distribution Deed to Billie June Reece, Kathleen Dudley and Carolyn Matheson recorded in Volume 6889, Pages 190 and 193 of the Official Records of Brazos County, Texas. Said remainder of 22.9 acre tract being the remainder of a called 11.984 acre tract described in Volume 305, Page 187 of the Deed Records of Brazos County, Texas, and the remainder of a called 15.98 acre tract described in Volume 281, Page 231, of the Deed Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found on the northwest line of Greens Prairie Road (a county maintained public road) marking the south corner of said remainder of 22.9 acre tract and the southeast corner of Lot 3A, Benjamin Graham Subdivision, according to the plat recorded in Volume 2463, Page 329 of the Official Records of Brazos County, Texas; THENCE: along the common line of said remainder of 22.9 acre tract and said Lot 3A for the following calls: N 03° 27' 00" W for a distance of 725.85 feet to a 1/2 inch iron rod found; S 88 03' 03" E for a distance of 16.92 feet to a 1/2 inch iron rod found; N 03 34' 22" W for a distance of 119.54 feet to a 112 inch iron rod found marking the northeast corner of said Lot 3A and the southeast corner of a called 3.42 acre tract owned by Donald and Martha Royder according to the Brazos County Appraisal District; THENCE: N 03° 35' 56" W along the common line of said remainder of 22.9 acre tract for a distance of 329.01 feet to a 5/8 inch iron pipe found marking the south corner of a called 11.18 acre tract as described by a Deed to Walter W. Ruoff, Jr. and wife, Lynn M. Ruoff, recorded in Volume 1694, Page 111, of the Official Records of Brazos County, Texas; THENCE: N 43° 06' 08" E along the common line of said remainder of 22.9 acre tract and said 11.18 acre tract for a distance of 300.73 feet to a 1/2 inch iron rod found marking the common corner of said 11.984 acre tract and said 15.98 acre tract; THENCE: N 42° 39' 06" E continuing along the common line of said remainder of 22.9 acre tract and said 11.18 acre tract for a distance of 496.70 feet to a 5/8 inch iron rod found marking the west corner of Block 1, Turnberry Place Subdivision, according to the plat recorded in Volume 4168, Page 77 of the Official Records of Brazos County, Texas; THENCE: along the common line of said remainder of 22.9 acre tract and Lots 1 - 4, Block 1, Turnberry Place, for the following calls; S 47 40' 04" E for a distance of 182.99 feet to a 5/8 inch iron rod found marking the common corner of said Lot 4 and Lot 3; S 47 46' 42" E for a distance of 256.81 feet to a 5/8 inch iron rod found marking the common corner of said Lot 3 and Lot 2; S 47 48' 00" E for a distance of 200.06 feet to a 5/8 inch iron rod found marking the common corner of said Lot 2 and Lot 1; S 47 43' 59" E for a distance of 191.71 feet to a 5/8 inch iron rod found marking the south corner of said Lot 1; THENCE: S 48° 54' 07" E along the northeast line of said remainder of 22.9 acre tract for a distance of 8.13 feet to a 6 inch fence corner post found on the northwest line of Greens Prairie Road marking the east corner of said remainder of 22.9 acre tract; k THENCE: S 42° 55'42" W along the northwest line of Greens Prairie Road for a distance of 617.80 feet to a 5/8 inch iron rod set marking the east corner of the remainder of a called 0.861 acre tract as described by a Deed to Augustine E. Palmisano and Donna L. Palmisano recorded in Volume 7479, Page 230 of the Official Records of Brazos County, Texas; THENCE: N 48° 02' 56" W along the common line of said remainder of 22.9 acre tract and said remainder of 0.861 acre tract for a distance of 143.42 feet to a 1/2 inch iron rod found marking the north corner of said remainder of 0.861 acre tract; THENCE: S 41° 57' 04" W continuing along the common line of said remainder of 22.9 acre tract and said remainder of 0.861 a...c tract for a distance of 3M21' feet to a 112 inch iron rod found marking the west corner of the remainder of a called tract of land as described by a Deed to Lone Star Gas Company recorded in Volume 148, Page 226 of the Deed Records of Brazos County, Texas; THENCE: S 48° 02' 56" E along the common tine of said remainder of 22.9 acre tract and said remainder of Lone Star Gas tract for a distance of 138.29 feet to a 518 inch iron rod set on the northwest line of Green Prairie Road; THENCE: S 42° 55' 42" W along the northwest line of Green Prairie Road for a distance of 709.96 feet to the POINT OF BEGINNING containing 22.418 acres of land, more or less. SAVE AND EXCEPT FROM TRACT THREE: Metes and bounds description of all that certain tract of land lying and being situated in the Andrew McMahon Survey, Abstract No. 167, Brazos County, Texas. Said tract being a portion of a called 22.418 acre tract as described by a deed to Creek Meadows Partners, L.P. recorded in Volume 7633, Page 239 of the Official Public Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found on the northwest line of Greens Prairie Road (a county maintained public road) marking the southwest corner of said 22.418 acre tract and the southeast corner of Lot 3A, Benjamin Graham Subdivision, according to the plat recorded in Volume 2463, Page 329 of the Official Public Records of Brazos County, Texas; THENCE: Along the common line of said 22.418 acre tract and said Lot 3A for the following calls: N 03° 27' 00" W for a distance of 725.85 feet to a 112 inch iron rod found; S 88° 03' 03" E for a distance of 16.92 feet to a 112 inch iron rod found; N 03° 34' 22" W for a distance of 26.58 feet to a 5/8 inch iron rod set marking the north corner of this herein described tract, for reference a 1/2 inch iron rod found marking the northeast corner of said Lot 3A bears: N 03'34'22" W for a distance of 92.96 feet; THENCE: Through said 22.418 acre tract for the following calls: S 42° 39' 53" E for a distance of 368.04 feet to a 5/8 inch iron rod set; S 42° 55' 42" W for a distance of 144.63 feet to a 518 inch iron rod set; S 03° 27' 00" E for a distance of 227.93 feet to a 518 inch iron rod set on the northwest line of Greens Prairie Road marking the southeast corner of the herein described tract; THENCE: S 42 55'42" W along the northwest line of Greens Prairie Road for a distance of 200.00 feet to the POINT OF BEGINNING containing 2.30 acres of land, more or less. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes. and that our records reflect that the following is a true and correct list ofdocuments affecting title to the real property described supra between the dates of December 2I, 2007 and August 24, 2008: Deed of Trust to secure a Note: Grantor: Creek Meadows Partners, L.P. Trustee: Timothy C. Jones Beneficiary: First Victoria National Bank Amount: $1,214,487.00 Dated: December 21, 2007 Recorded: Volume 8398, Page 70, Official Records, Brazos County, Texas. Easement: From: Creek Meadows Partners, L.P. To: City of College Station Dated: December 11, 2007 Recorded: Volume 8400, Page 209, Official Records, Brazos County, Texas. This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity ofthe title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. University Title Company By G LG %��7/� l (rdt) 0 GF Number: 00104281 Effective Date: November 8, 2010 Examiner: ARB NOTHING FURTHER CERTIFICATE STATE OF TEXAS COUNTY OF BRAZOS THIS IS TO CERTIFY: That 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 as to the following property, to- wit: Being all that certain tract of land lying and being situated in the Andrew McMahon Survey, Abstract No. 167, Brazos County, Texas. Said tract being the remainder of a called 22.9 acre tract as described by a Distribution Deed to Billie June Reece, Kathleen Dudley and Carolyn Matheson recorded in Volume 6889, Pages 190 and 193 of the Official Records of Brazos County, Texas. Said remainder of 22.9 acre tract being the remainder of a called 11.984 acre tract described in Volume 305, Page 187 of the Deed Records of Brazos County, Texas, and the remainder of a called 15.98 acre tract described in Volume 281, Page 231, of the Deed Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: BEGINNING at a 112 inch iron rod found on the northwest line of Greens Prairie Road (a county maintained public road) marking the south corner of said remainder of 22.9 acre tract and the southeast corner of Lot 3A, Benjamin Graham Subdivision, according to the plat recorded in Volume 2463, Page 329 of the Official Records of Brazos County, Texas; THENCE: along the common line of said remainder of 22.9 acre tract and said Lot 3A for the following calls: N 03° 27' 00" W for a distance of 725.85 feet to a 1/2 inch iron rod found; S 88° 03'03" E for a distance of 16.92 feet to a 112 inch iron rod found; N 03° 34' 22" W for a distance of 119.54 feet to a 112 inch iron rod found marking the northeast corner of said Lot 3A and the southeast corner of a called 3.42 acre tract owned by Donald and Martha Royder according to the Brazos County Appraisal District; THENCE: N 03° 35' 56" W along the common line of said remainder of 22.9 acre tract for a distance of 329.01 feet to a 518 inch iron pipe found marking the south corner of a called 11.18 acre tract as described by a Deed to Walter W. Ruoff, Jr. and wife, Lynn M. Ruoff, recorded in Volume 1694, Page 111, of the Official Records of Brazos County, Texas; THENCE: N 43° 06' 08" E along the common line of said remainder of 22.9 acre tract and said 11.18 acre tract for a distance of 300.73 feet to a 112 inch iron rod found marking the common corner of said 11.984 acre tract and said 15.98 acre tract; THENCE: N 42° 39' 06" E continuing along the common line of said remainder of 22.9 acre tract and said 11.18 acre tract for a distance of 496.70 feet to a 518 inch iron rod found marking the west corner of Block 1, Turnberry Place Subdivision, according to the plat recorded in Volume 4168, Page 77 of the Official Records of Brazos County, Texas; THENCE: along the common line of said remainder of 22.9 acre tract and Lots 1 - 4, Block 1, Turnberry Place, for the following calls: S 47° 40' 04" E for a distance of 182.99 feet to a 5/8 inch iron rod found marking the common corner of said Lot 4 and Lot 3; S 47° 46' 42" E for a distance of 256.81 feet to a 5/8 inch iron rod found marking the common corner of said Lot 3 and Lot 2; S 47° 48' 00" E for a distance of 200.06 feet to a 5/8 inch iron rod found marking the common corner of said Lot 2 and Lot 1; S 47° 43' 59" E for a distance of 191.71 feet to a 5/8 inch iron rod found marking the south corner of said Lot 1; THENCE: S 48° 54' 07" E along the northeast line of said remainder of 22.9 acre tract for a distance of 8.13 feet to a 6 inch fence corner post found on the northwest line of Greens Prairie Road marking the east corner of said remainder of 22.9 acre tract; IS THENCE: S 42' 55' 42" W along the northwest line of Greens Prairie Road for a distance of 617.80 feet to a 518 inch iron rod set marking the east corner of the remainder of a called 0.861 acre tract as described by a Deed to Augustine E. Palmisano and Donna L. Palmisano recorded in Volume 7479, Page 230 of the Official Records of Brazos County, Texas; THENCE: N 48' 02' 56" W along the common line of said remainder of 22.9 acre tract and said remainder of 0.861 acre tract for a distance of 143.42 feet to a 112 inch iron rod found marking the north corner of said remainder of 0.861 acre tract; THENCE: S 41' 57' 04" W continuing along the common line of said remainder of 22.9 acre tract and said remainder of 0.861 acre tract for a distance of 300.21 feet to a 1/2 inch iron rod found marking the west corner of the remainder of a called tract of land as described by a Deed to Lone Star Gas Company recorded in Volume 148, Page 226 of the Deed Records of Brazos County, Texas; THENCE: S 48' 02' 56" E along the common line of said remainder of 22.9 acre tract and said remainder of Lone Star Gas tract for a distance of 138.29 feet to a 5/8 inch iron rod set on the northwest line of Green Prairie Road; THENCE: S 42' 55' 42" W along the northwest line of Green Prairie Road for a distance of 709.96 feet to the POINT OF BEGINNING containing 22.418 acres of land, more or less. SAVE AND EXCEPT: Metes and bounds description of all that certain tract of land lying and being situated in the Andrew McMahon Survey, Abstract No. 167, Brazos County, Texas. Said tract being a portion of a called 22.418 acre tract as described by a deed to Creek Meadows Partners, L.P. recorded in Volume 7633, Page 239 of the Official Public Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found on the northwest line of Greens Prairie Road (a county maintained public road) marking the southwest corner of said 22.418 acre tract and the southeast corner of Lot 3A, Benjamin Graham Subdivision, according to the plat recorded in Volume 2463, Page 329 of the Official Public Records of Brazos County, Texas; THENCE: Along the common line of said 22.418 acre tract and said Lot 3A for the following calls: N 03' 27' 00" W for a distance of 725.85 feet to a 1/2 inch iron rod found; S 88' 03' 03" E for a distance of 16.92 feet to a 1/2 inch iron rod found; N 03' 34' 22" W for a distance of 26.58 feet to a 518 inch iron rod set marking the north corner of this herein described tract, for reference a 1/2 inch iron rod found marking the northeast corner of said Lot 3A bears: N 03' 34' 22" W for a distance of 92.96 feet; THENCE: Through said 22.418 acre tract for the following calls: S 42' 39' 53" E for a distance of 368.04 feet to a 5/8 inch iron rod set; S 42' 55'42" W for a distance of 144.63 feet to a 5/8 inch iron rod set; S 03' 27' 00" E for a distance of 227.93 feet to a 5/8 inch iron rod set on the northwest line of Greens Prairie Road marking the southeast corner of the herein described tract; THENCE: S 42' 55' 42" W along the northwest line of Greens Prairie Road for a distance of 200.00 feet to the POINT OF BEGINNING containing 2.30 acres of land, more or less. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not at representation that such area or quantity is correct, but is made only for informational and/or identification purposes. and that our records reflect that the following is a true and correct list of documents affecting title to the real property described supra between the dates of August 24, 2008 and November 8,2010: Easement: From: Creek Meadows Partners, L.P. To: The Public Dated: October 30, 2008 Recorded: Volume 8859, Page 95, Official Records, Brazos County, Texas. /� Easement: From: Creek Meadows Partners, L.P. To: The City of College Station Dated: October 22, 2008 Recorded: Volume 8860, Page 76, Official Records, Brazos County, Texas. Extension: Dated: January 15, 2010 Recorded: Volume 9480, Page 145, Official Records, Brazos County, Texas. (Extends Deed of Trust recorded in Volume 8398, Page 70, Official Records, Brazos County, Texas.) This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. University Title Company (rdfl GF Number: 00104293 Effective Date: November 9, 2010 Examiner: LF.L NOTHING FURTHER CERTIFICATE STATE OF TEXAS COUNTY OF BRAZOS THIS IS TO CERTIFY: That 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 as to the following property, to- wit: Being all that tract of land in Brazos County, Texas, out of the Samuel Davidson League, A -13 Survey and a part of the Jesse Bledsoe Survey, A -71, consisting of the following tracts recorded in the Deed Records of Brazos County, Texas: Part of that called First Tract of 200 acres described in a Deed to B. F. Vance recorded in Volume 142, Page 273, all of that called Second Tract of 50.6 acres described in said Volume 142, Page 273, all of that called 2.6 acres described in Volume 177, Page 309, all of that called 6 acres described in Volume 152, Page 234, that 1 acre described in Volume 210, Page 148, that 1.25 acres described in Volume 187, Page 522, that 1 acre described in Volume 282, Page 601, part of that 1 acre described in Volume 509, Page 786, that 2.7 acres described in Volume 262, Page 107, all of that tract described in Volume 163, Page 69, part of that 102.0 acres described in a Deed to Betty V. Goss, B. F. Vance, Jr. and William R. Vance, Trustees of the VRV Trust recorded in Volume 1020, Page 325 of the Deed Records of Brazos County, Texas, and being further described as follows: BEGINNING at a 5/8" steel rod found in Royder Road, being the West corner of said 200 acres; THENCE. North 42 degrees 26 minutes 14 seconds East, 420.00 feet to a 5/8 inch steel rod found for corner; THENCE North 47 degrees 33 minutes 18 seconds West, 555.34 feet to a 5/8 inch steel rod found for corner; THENCE North 42 degrees 30 minutes 52 seconds East, 629.86 feet to a rock found for corner; THENCE North 47 degrees 33 minutes 26 seconds West, 630.51 feet to a 5/8 inch steel rod found for corner; THENCE South 42 degrees 26 minutes 14 seconds West, 117.33 feet to a 5/8 inch steel rod found for corner; THENCE North 47 degrees 33 minutes 46 seconds West, 209.00 feet to a 5/8 inch steel rod found for corner; THENCE North 42 degrees 26 minutes 14 seconds East, 22.17 feet to a 5/8 inch steel rod found for corner; THENCE South 49 degrees 10 minutes 54 seconds East, 51.62 feet to a 5/8 inch steel rod found for corner; THENCE North 40 degrees 58 minutes 56 seconds East, 262.73 feet to a 1/2 inch steel rod (bent) found for corner; THENCE North 41 degrees 42 minutes 31 seconds West, 100.00 feet to a 5/8 inch steel rod found for corner; THENCE North 37 degrees 25 minutes 18 seconds West, 97.02 feet to a 5/8 inch steel rod found for corner' THENCE North 44 degrees 09 minutes 00 seconds West, 213.79 feet to a cotton spindle found for corner on the Southeast line of Greens Prairie Road West; THENCE North 43 degrees 08 minutes 28 seconds East, 1233.00 feet along Greens Prairie Road West to a 318 inch steel road (bent) found for corner; THENCE South 49 degrees 13 minutes 20 seconds East, 411.68 feet to a 318 inch steel rod found at the South corner of Lot 8, Wellborn Oaks recorded in Volume 345, Page 635 of the Deed Records of Brazos County, Texas; THENCE South 49 degrees 02 minutes 18 seconds East, 392.33 feet to a 318 inch steel rod found at the South corner of Lot 9, Wellborn Oaks; THENCE South 48 degrees 48 minutes 30 seconds East, 983.70 feet to a 318 inch steel rod found at the South corner of Lot 11, Wellborn Oaks; THENCE South 48 degrees 30 minutes 49 seconds East, 488.99 feet to a 3/8 inch steel rod found at the South corner of Lot 12, Wellborn Oaks; THENCE South 48 degrees 09 minutes 51 seconds East, 388.37 feet to a 1/2 inch steel rod set on the West line of Greens Prairie Trail (100' R.O.W.); THENCE Southwesterly, 820.18 feet along a nontangent curve to the left in Greens Prairie Trail having a radius of 1010.00 feet and a central angle of 46 degrees 31 minutes 40 seconds (Chord bears South 18 degrees 32 minutes 29 seconds West, 797.83 feet) to a 5/8 inch steel rod found at the point of tangency; TEHNCE South 04 degrees 43 minutes 21 seconds East, 1452.01 feet to a 5/8 inch steel rod found at a point of curve; THENCE Southwesterly, 743.74 feet along a curve to the right of Greens Prairie Trail having a radius of 904.93 feet and a central angle of 47 degrees 05 minutes 23 seconds (Chord bears South 18 degrees 49 minutes 20 seconds West, 722.98 feet) to a 5/8 inch steel rod found at the point of tangency; THENCE South 42 degrees 22 minutes 02 seconds West, 194.62 feet to a 5/8 inch steel rod found at a point of curve; THENCE Southwesterly, 52.55 feet along a curve to the right having a radius of 35.00 feet and a central angle of 86 degrees 01 minutes 33 seconds (Chord bears South 85 degrees 22 minutes 48 seconds West, 47.75 feet) to a 5/8 inch steel rod found for corner; THENCE South 44 degrees 52 minutes 55 seconds West, 24.00 feet to a point near the center of Royder Road (gravel); THENCE generally with the center of Royder Road as follows: North 45 degrees 56 minutes 20 seconds West, 94.15 feet to point; North 41 degrees 08 minutes 28 seconds West, 181.52 feet to a point; North 38 degrees 13 minutes 13 seconds West, 287.27 feet to a point; North 40 degrees 13 minutes 39 seconds West, 121.73 feet to a point; North 47 degrees 29 minutes 30 seconds West, 112.50 feet to a point; North 47 degrees 33 minutes 46 seconds West, 1775.11 feet to the Point of Beginning, containing 171.851 acres of land. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and /or identification purposes. and that our records reflect that the following is a true and correct list of documents affecting title to the real property described supra between the dates of October 11, 2009 and November 9, 2010: Easement: From: Creek Meadows Partners, L.P. To: City of College Station Dated: November 19, 2009 Recorded: Volume 9404, Page 77, Official Records, Brazos County, Texas. (COVERS A PORTION OF SUBJECT PROPERTY) Easement: From: Creek Meadows Partners, L.P. To: City of College Station Dated: November 19, 2009 Recorded: Volume 9404, Page 89, Official Records, Brazos County, Texas. (COVERS A PORTION OF SUBJECT PROPERTY) Terms, Conditions, and Stipulations in the Encroachment Agreement by and between: Parties: Seminole Pipeline Company and Creek Meadows Partners, L.P. Dated: November 25, 2009 Recorded: Volume 9408, Page 74, Official Records, Brazos County, Texas. (COVERS A PORTION OF SUBJECT PROPERTY) Terms, Conditions, and Stipulations in the Modification, Rearrangement and/or Extension Agreement by and between: Parties: Creek Meadows Partners, L.P. and First Victoria National Bank Dated: January 15, 2010 Recorded: Volume 9479, Page 235, Official Records, Brazos County, Texas. (COVERS A PORTION OF SUBJECT PROPERTY) Terms, Conditions, and Stipulations in the Agreement by and between: Parties: Creek Meadows Partners, L.P. and First Victoria National Bank Dated: January 15, 2010 Recorded: Volume 9480, Page 134, Official Records, Brazos County, Texas. (COVERS A PORTION OF SUBJECT PROPERTY) Terms, Conditions, and Stipulations in the Agreement by and between: Parties: Creek Meadows Partners, L.P. and First Victoria National Bank Dated: January 15, 2010 Recorded: Volume 9480, Page 145, Official Records, Brazos County, Texas. (COVERS A PORTION OF SUBJECT PROPERTY) This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not trade any examination as to property taxes, tax suits, special assessments or conflicts. University Title Company