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Home My WebLink About10-00500121- 00076683Brazos 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. 149542 Title Report Prepared June 7 for GREENS PRAIRIE INVESTORS, LTD. Attention; VICKI HILLERT Brazos County Abstract Company "More than 130 Years of Title Service" EFFECTIVE DATE: June 4, 2010 at 8:00 a.m. OF NO. 149542 PROPERTY DESCRIPTION: TRACT ONE: Being a tract of land containing 7.142 acres, out of the ROBERT STEVENSON SURVEY A -54, Brazos County, Texas, and being a part of the same 76.654 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 a orange plastic cap marked "Carlomagno RPLS 1562" set for the north corner of this tract, from which the College Station GPS monument #138 bears North 53 °40'34" E, a distance of 3,490.78' and having a Texas State Plane Coordinate Value of X = 3576062.75, Y = 10189123.00, also being a point in said 76.654 acre tract, also being a point along the southwest boundary line of the called 60.153 acres tract of land owned by the City of College Station, as recorded hi Volume 6974, Page 241 of the Brazos County Official Records (B.C.O.R.); THENCE along the common line between this tract and the said called 60.153 acres City of College Station tract the following calls and distances: South 3 °08'27" East, a distance of 207.60 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" set for a northeast corner of this tract; South 23 °58'11" East, a distance of 102.38 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" set for the east corner of this tract, also being a point along the said southwest boundary line of the called 60.153 acres City of College Station tract; THENCE severing the said remainder of the called 76.645 acres Greens Prairie hivestors tract the following calls and distances: South 83 °11'53" West, a distance of 139.01 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" set for a southeast Brazos County Abstract Company "More than 130 Years of Title Service interior corner of this tract; Around a curve to the right having a delta angle of 19 ° 05'44 ", an arc distance of 74.99 feet, a radius of 225.00 feet, and a chord of South 04 ° 36'33" West, a distance of 74.64 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" set for a southeast corner of this tract; North 75 0 50'35 1 ' West, a distance of 50.00 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" set; South 85 °50'21" West, a distance of 891.70 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found for the south corner of this tract, also being a point along the northeast right -of -way line of Castle Rock Parkway, a 70' right -of -way; THENCE along the said northeast right -of -way of Castle Rock Parkway the following calls and distances: North 4 °09'39" West, a distance of 117.91 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found; Around a curve to the right having a delta angle of 23 °34'41", an arc distance of 10.29 feet, a radius of 25.00 feet, and a chord of North 74 °03'00" East, a distance of 10.22 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found; North 4 °09'39" West, a distance of 50.00 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found; Around a curve to the right having a delta angle of 22 °27'59 ", an arc distance of 10.28 feet, a radius of 26.22 feet, and a chord of North 82 0 22'18" West, a distance of 10.22 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found; North 04 °09'39" West, a distance of 66.39 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found; Around a curve to the left having a delta angle of 06 0 09'43 ", an arc distance of 51.62 feet, a radius of 480.00 feet, and a chord of North 7 1 14 1 30" West, a distance of 51.670 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1 562" found for the west corner of this tract, also being a point along the said northeast right- of-way of Castle Rock Parkway, also Brazos County Abstract Company "More than 130 Years of Title Service" being a point along the southeast boundary line of Castle Rock Subdivision, Phase 2A, a subdivision in the City of College Station, County of Brazos, State of Texas, according to the plat thereof, as recorded in Volume 8693, Page 290 of the B.C.O.R.; THENCE along the common line between this tract and the said Castle Rock Phase 2A, passing the said Castle Rock Phase 2A and then severing the said remainder of the called 76.645 acres Greens Prairie Investors tract, North 85 °50'21" East, a distance of 892.69 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" set for a north interior corner of this tract; THENCE severing the said remainder of the called 76.645 acres Greens Prairie Investors tract the following calls and distances: North 83 East, a distance of 50.00 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" set for a northwest corner of this tract; North 6 0 48'07" West, a distance of 70.51 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" set for a northwest corner of this tract; North 83 0 11'53" East, a distance of 121.93 feet to the PLACE OF BEGINNING, containing 7.124 acmes of land, more or less. TRACT TWO: Being a tract of land containing 6.916 acres, out of the ROBERT STEVENSON SURVEY, A -54, Brazos County, Texas, and being a part of the same 76.654 acre tract of land described in a deed to Greens Prairie Investors, Ltd, as recorded if' 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 an orange plastic cap marked "Carlomagno RPLS 1562" with a orange plastic cap marked "Carlomagno RPLS 1562" set for the north corner of this tract, from which the College Station GPS monument #138 bears North 49 °21'32" E, a distance of 3,636.62' and having a Texas State Plane Coordinate Value of X = 3576115.72, Y = 10188822.15, also being a point in said 76.654 acre tract, also being a point along the southwest boundary line of the called 60.153 acres tract of land owned by the City of College Station, as recorded in Brazos County Abstract Company "More than 130 Years of Title Service" Volume 6974, Page 241 of the Brazos County Official Records (B.C.O.R.); THENCE along the common line between this tract and the said called 60.153 acres City of College Station tract the following calls and distances: South 23 °58'11" East, a distance of 162.71 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" set for the east coiner of this tract; South 59 0 45 1 43" West, a distance of 199.69 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" set for a southeast corner of this tract; South 28 0 22 1 09" West, a distance of 62.99 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found for a southeast corner of this tract, also being a southwest corner of the said called 60.153 acres City of College Station tract, also being the north corner of the called 0.789 acres tract of land, called Buffer No. 1, owned by the Property Owners of Castle Rock Subdivision, as recorded in Volume 9171, Page 157 of the B.C.O.R. THENCE along the common line between this tract and the said called 0.789 acres Property Owners of Castle Rock tract the following calls and distances: South 59 0 5709" West, a distance of 68.22 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1 562" found for a southeast corner of this tract; South 63 °32'33" West, a distance of 80.94 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1 562" found for a southeast corner of this tract; South 85 °50'21" West, a distance of 780.06 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found for the south corner of this tract, also being a point along the northwest boundary line of the said called 0.789 acres Property Owners of Castle Rock tract, also being a point along the northeast right -of -way Tune of Castle Rock Parkway, a 70' right - of -way; THENCE along the said northeast right -of -way of Castle Rock Parkway the following calls and distances: Brazos County Abstract Company "More than 130 Years of Title Service" North 04 °09'39" West, a distance of 117.91 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found for a southwest corner of this tract; Around a curve to the right having a delta angle of 23 °34'41 ", an arc distance of 10.29 feet, a radius of 25.00 feet, and a chord of North 74 °03'00" East, a distance of 10.22 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found for a southwest corner of this tract; North 04 °09'39" West, a distance of 50.00 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found for a southwest corner of this tract; South 85 0 50'21" West, a distance of 15.00 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found for a southwest corner of this tract; Around a curve to the right having a delta angle of 23 °34'41 ", an are distance of 10.29 feet, a radius of 25.00 feet, and a chord of North 82'22'18" West, a distance of 10.22 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1 562" found for a southwest corner of this tract; North 04 °09'39" West, a distance of 117.91 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" found for the west corner of this tract, also being a point along the said northeast right -of -way of Castle Rock Parkway; THENCE severing the said remainder of the called 76.65 acre Greens Prairie Investors tract the following calls and distances: North 85 °50'21" East, a distance of 891.70 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" set for a northwest corner of this tract; South 75 °50'35" East, a distance of 50.00 feet to a 5/8" iron rod with an orange plastic cap marked "Carlomagno RPLS 1562" set for a northwest corner of this tract; Around a curve to the left having a delta angle of 19 °05'44 ", an arc distance of 74.99 feet, a radius of 225.00 feet, and a chord of North 04 °36'33" East, a distance of 74.64 feet to a 5 /8" iron rod with an orange plastic cap marked Brazos County Abstract Company "More than 130 Years of Title Service" "Carlomagno RPLS 1562" set for a northwest corner of this tract; North 839 953" East, a distance of 139.01 feet to the PLACE OF BEGINNING, containing 6.916 acres of land, more or less. TITLE APPEARS TO BE VESTED IN: GREENS PRAIRIE INVESTORS, LTD. by Assumption Special Warranty Deed from DD &H Investments, Ltd., formerly known as 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. 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 &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. Estate created by 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 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 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 VAN ETTEN