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Home My WebLink About10-00500055- 00076322Brazos 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. 149233 Title Report Prepared March 29, 2010 for BEVERLEY STONE 10 .5 -S 3��1�ln A�� Brazos County Abstract Company "Mor-e than 130 Years of Title Service" EFFECTIVE DATE: March 25, 2010 at 8:00 a,m, GF NO. 149233 PROPERTY DESCRIPTION: TRACT ONE 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 5/8" iron rod with plastic cap set for a northeast corner of this tract, also being a point on the southwest line of the City of College Station Conservation Zone, being 38.064 acres, as recorded in Vol. 3926, Page 104, of the B.C.O.R., also being on the northeast line of said 76.66 acre tract, from which the College Station GPS monument #138 bears North 63 02'40" East, 3,387.64 feet having a Texas State Plane Coordinate Value of XT 3,578,875.21 (E), Y = 10,191,190.75 (N), THENCE severing said 77.66 acre tract, also being along the Riture development of Castle Rock Section 5, for the following calls: South 19'26'15" West, a distance of 70.88 feet to a 5/8" iron rod with plastic cap set for corner; South 04 °09'39" East, a distance of 81.34 feet to a 5/8" iron rod with plastic cap set for corner; Around a curve to the left 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 South 52 °51'35" West, a distance of 12.68 feet to a 5/8" iron rod with plastic cap set for a point of compound curvature; Around a curve to the right 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 South 65 °42'29" West, a distance of 17.21 feet to a 5/8" iron rod with plastic cap set for a point of tangency; Brazos County Abstract Company "Mote than 130 Years of Title Service" South 85 °50'21" West, a distance of 68.21 feet to a 5/8" iron rod with plastic cap set for a point of curvature; Around a curve to the right 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 49 1 09'39" West, a distance of 35.36 feet to a 5/8" iron rod with plastic cap set for corner; South 85 °50'21" West, a distance of 50.00 feet to a 5/8" iron rod with plastic cap set for corner; Around a curve to the right 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 40 °50'21" West, a distance of 35.36 feet to a 5/8" iron rod with plastic cap set for a point of tangency; South 85 °50'21" West, a distance of 200.00 feet to a 5/8" iron rod with plastic cap set for a point of curvature; Around a curve to the right 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 49 °09'39" West, a distance of 35.36 feet to a 5/8" iron rod with plastic cap set for corner; South 85 °50'21" West, a distance of 50.00 feet to a 5/8" iron rod with plastic cap set for corner; Around a curve to the right 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 40 °50'21" West, a distance of 35,36 feet to a 5/8" iron rod with plastic cap set for a point of tangency; South 85 °50'21" West, a distance of 200.00 feet to a 5/8" iron rod with plastic cap set for a pouit of curvature; Arotuid a curve to the right 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 49 °09'39" West, a distance of 35.36 feet to a 5/8" iron rod with plastic cap set for corner; South 85 °50'21" West, a distance of 50.00 feet to a 5/8" iron rod with plastic cap set for corner; Brazos County Abstract Company "More than 130 Years of Title Service" Around a curve to the right 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 40 °50'21" West, a distance of 35.36 feet to a 5/8" iron rod with plastic cap set for a point of tangency; South 85 °50'21" West, a distance of 69.27 feet to a 5/8" iron rod with plastic cap set for a point of curvature; Around a curve to the left having a delta angle of 05 °20'20 ", an are distance of 25.62 feet, a radius of 275.00 feet, and a chord of South 83 °IO'l V West, a distance of 25.62 feet to a 5 /8" iron rod with plastic cap set for the southwest corner of this tract, also being a bend in the east line of the future development of Castle Rock Phase 4; THENCE continuing severing said 76.66 acre tract, and along the common line between this tract and said fixture development of Castle Rock Phase 4 for the following calls: North 10 °55'54" West, a distance of 169.78 feet to a 5/8" iron rod with plastic cap set for corner; North 29 0 36'26" West, a distance of 152.65 feet to a 5/8" iron rod with plastic cap set for corner; North 48 °46'43" West, a distance of 198.14 feet to a 5/8" iron rod with plastic cap set for corner; North 26'17'21" West, a distance of 20.01 feet to a 5/8" iron rod with plastic cap set for corner; North 19 °32'26" East, a distance of 21.52 feet to a concrete monument with brass cap found for a northwest corner of this tract, also being a northeast corner of said Phase 4, also being a point on the southeast line of the City of College Station 22.089 acre tract, as recorded in Vol. 6974, Page 241, of the I3.C.O.R.; THENCE along the common line between this tract and said 22.089 acre tract for the following calls: North 60 °27'53" East, a distance of 134.79 feet to a concrete monument with brass cap found for corner; North 56 °50'20" East, a distance of 199.60 feet to a concrete monument with brass cap found for a north corner of this tract, also being a west corner Brazos County Abstract Company "More than 130 Years of Title Service" of said 38.064 acre tract; THENCE along the conmion line between this tract and said 38.064 acre tract for the following calls: South 30'23'15" East, a distance of 347.87 feet to a concrete monument with brass cap found for corner; North 80 °41'01" East, a distance of 256.20 feet to a concrete monument with brass cap found for corner; South 70 0 32'47" East, a distance of 476.54 feet to the PLACE OF BEGINNING containing 8.273 acres, more or less. TRAC TWO 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 laud 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 5/8" iron rod with plastic cap found for a northeast corner of this tract, also being a point on the southwest line of Castle Rock Phase IA, Park Space, 4.190 acres, as recorded in Vol. 8214, Page 234, of the B.C.O.R., also being a northwest corner of Castle Rock Phase 213, as recorded in Vol. 9117, Page 118, of the B.C.O.R., also being on the north line of the remainder of said 76.66 acre tract, from which the College Station GPS monument #138 bears North 68 13'43" East, 5,069.21 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 Castle Rock Phase 2B for the following calls: South 5 °59'20" East, a distance of 70.00 feet to a 5/8" iron rod found for the southeast corner of this tract; South 84 °00'40" West, a distance of 76.95 feet to a 5/8" iron rod found for a point of curvature; Brazos County Abstract Company "More than 130 Years of Title SeMee" Around a curve to the left having a delta angle of 08'14'59", an are distance of 138.95 feet, a radius of 965.00 feet, and a chord of South 79 11 West, a distance of 138.83 feet to a 5/8" iron rod found for a point of tangency; South 75 °45'41" West, a distance of 40.80 feet to a 5/8" iron rod found for corner; South 14'14'19" East, a distance of 5.00 feet. to a 5/8" iron rod found for corner, also being a northeast corner of the City of College Station 10.416 acre tract, as recorded in Vol. 6974, Page 241, of the B.C.O.R., also being a south interior corner of said 76.66 acre tract; THENCE South 75 °45'41" West, a distance of 180.36 feet along the common line between this tract and said 10.416 acre tract to a 5/8" iron rod found for the southwest corner of this tract, also being a southeast corner of the Greens Prairie Investors, Ltd., 19.74 acre tract, as recorded in Vol. 7366, Page 294, of the B.C.O.R.; THENCE North 9 °37'02" West, a distance of 80.28 feet along the common line between this tract and said 19.74 acre tract to a 5/8" iron rod found for the northwest corner of this tract, also being a northeast corner of said 19.74 acre tract, also being on the south line of the City of College Station called 22.083 acre tract, as recorded in Vol. 6974, Page 241, of the B.C.O.R.; THENCE North 75 °46'04" East, a distance of 177.21 feet along the conunon line between this tract and said 22.083 acre tract to a 5/8" iron rod found for corner, also being a southeast corner of said 22.083 acre tract, also being on the west line of said Phase IA; THENCE along the common line between this tract and said Phase 1 for the following calls: South 14'14'19" East, a distance of 5,00 feet to a 5/8" iron rod found for corner; North 75 °45'41" East, a distance of 37.48 feet to a 5/8" iron rod found for a point of curvature; Around a curve to the right having a delta angle of 08'14'59", an arc distance of 149.03 feet, a radius of 1035.00 feet, and a chord of North 79 °53'11" East, a distance of 148.90 feet to a 5/8" iron rod found for a point of tangency; Brazos County Abstract Company "More than 130 Years of Title Service" North 84 ° 00'40" East, a distance of 76.95 feet to the PLACE OF BEGINNING containing 0.7463 acres, more or less. TITLE APPEARS TO BE VESTED IN: GREENS PRAIRIE INVESTORS, LTD. by Special Warranty Deed from DD &H Investments, Ltd., fka DD &H Investments, Inc. dated August 1, 2006, recorded in Volume 7527, page 214, Official Records of Brazos County, Texas. SUBJECT TO: LIENS: NONE OF RECORD 2. ABSTRACT OF JUDGMENT/FEDERAL AND /OR STATE LIENS: NONE OF RECORD 3. EASEMENTS: Right- of-Way Easement from Ethel Cavitt Estate et at to Wellborn Water Supply Corporation, dated August 11, 1982, recorded in Volume 531, page 722, Deed Records of Brazos County, Texas. Utility Easement from Timothy J. Crowley to City of College Station, Texas, dated September 17, 2001, recorded in Volume 4328, page 164, Official 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. 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 Brazos County Abstract Company "More than 130 Years of Title Service" been traced subsequent to the date of the above -cited instrument. Mineral reservation in Correction Deed from Timothy J. Crowley to DD &H 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 Volume 27, page 530, O &GL Records of Brazos County, Texas. Title to this lease has not been traced subsequent to the date of the above -cited instrument, Oil and Gas Lease dated May 29, 1990 by and between Timothy J. Crowley et al and Union Pacific Rbsources 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 instr uments 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 Brazos County Abstract Company "More than 130 Years of Title Service" TO THE VALIDITY OF THE TITLE TO THE PROPERTY ABOVE DESCRIBED, NOR AS TO THE VALIDITY OF ANY OF THE INSTRUMENTS REPORTED HEREIN, INCLUDING THE PURPORTED DEED(S) ESTABLISHING THE RECORD OWNER(S) CITED ABOVE, BUT IS SIMPLY REPORTING BRIEFLY HEREIN AS TO THE INSTRUMENTS FOUND OF RECORD PERTAINING TO SAID PROPERTY, AND IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THIS TITLE REPORT IS NEITHER A GUARANTY NOR WARRANTY OF THE TITLE. BY ACCEPTANCE OF THIS TITLE REPORT IT IS UNDERSTOOD THAT THE LIABILITY OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO THE ACTUAL MONETARY CONSIDERATION PAID FOR SAID REPORT BY. 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 BY: Y LISA KEMP