HomeMy WebLinkAbout11-00500021- 00076691Aggieland Title Company
GF# 27318
EXAMINER'S REPORT
RECORD TITLE AT THE EFFECTIVE DATE HEREOF APPEARS TO BE VESTED IN
John A. Malley and Jennifer B. Todd
THE LAND REFFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS
Metes and bounds description of all that certain tract or parcel of land lying and being situated in the
James C. Stuteville League, Abstract No. 216, Brazos County, Texas. Said tract being a portion of the
remainder of a called 359.07 acre tract as described by a deed to John A. Malley and Jennifer B. Todd
recorded in Volume 7427, page 198 of the Official Public Records of Brazos County, Texas, and a
portion of the remainder of a called 12.9075 acre tract as described by a deed to John A. Malley and
Jennifer B. Todd recorded in Volume 7427, page 210 of the Official Public Records of Brazos County,
Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at the south corner of Saddle Creek Subdivision, Phase 7A, according to the plat recorded
in Volume 8758, page 126 of the Official Public Records of Brazos County, Texas, marking the
northwest corner of said remainder of 12.9075 acre tract;
THENCE: along the common line of said remainder of 359.07 acre tract and said remainder of 12.9075
acre tract and Saddle Creek Subdivision, Phase 7A, for the following calls:
N 55° 08'24" E for a distance of 61.36 feet;
N 85° 11' 11" E for a distance of 84.14 feet;
N 89° 38'23" E for a distance of 104.12 feet;
N 61° 36'09" E for a distance of 133.78 feet;
N 51 ° 03' 04" E for a distance of 97.94 feet to the west corner of Saddle Creek Subdivision,
Phase 5, according to the plat recorded in Volume 9311, page 252 of the Official Public Records
of Brazos County, Texas;
3740 Copperfiedd Drive, Suite 101 • Bryan, Texas 77802
Phone (979) 731 -8400 • FAX (979) 731 -8408
GF# 27318
THENCE: along the common line of said remainder of 359.07 acre tract and Saddle Creek Subdivision,
Phase 5, for the following calls:
S 49° 52' 11" E for a distance of 49.46 feet;
S 57° 58' 31" E for a distance of 89.95 feet;
S 68° 03'54" E for a distance of 40.57 feet;
S 82° 30'33" E for a distance of 130.42 feet;
S 86° 18'28" E for a distance of 107.59 feet to the westerly line of Vintage Oaks Drive (70'
R.O.W.);
S 08° 35'25" W along the westerly line of Vintage Oaks Drive for a distance of 81.42 feet to the
beginning of a clockwise curve having a radius of 215.00 feet;
Continuing along the westerly line of Vintage Oaks Drive and along said curve through a central
angle of 30° 01'28" for an arc distance of 112.67 feet (Chord bears: S 23° 36'09" W - 111.38
feet) to the end of said curve;
S 51 ° 23' 07" E across Vintage Oaks Drive for a distance of 70.00 feet;
S 33° 17' 53" E for a distance of 483.84 feet;
S 36° 57'58" E for a distance of 308.00 feet;
N 42° 56'30" E for a distance of 354.12 feet to the southerly line of Saddle Creek Drive (100'
R.O.W.);
S 47° 03' 30" E along the southerly line of Saddle Creek Drive for a distance of 119.17 feet;
N 42° 56'30" E across Saddle Creek Drive for a distance of 100.00 feet;
N 43° 04' 41" E for a distance of 367.11 feet to the east corner of Lot 148, Block 6, Saddle Creek
Subdivision, Phase 5;
THENCE: through said remainder of 359.07 acre tract for the following calls:
S 64° 52'02" E for a distance of 158.54 feet;
S 12° 49'56" W for a distance of 145.52 feet;
S 55° 31' 19" W for a distance of 296.83 feet;
S 47° 03' 30" E for a distance of 135.92 feet;
S 42° 56' 30" W for a distance of 100.00 feet to the beginning of a counterclockwise curve
having a radius of 25.00 feet;
AGGIELAND TITLE COMPANY Page 2
GF# 27318
Along said curve through a central angle of 90° 00'00" for an arc distance of 39.27 feet (chord
bears: S 87° 56'30" W - 35.36 feet) to the end of said curve;
S 42° 56' 30" W for a distance of 112.10 feet to the beginning of a clockwise curve having a
radius of 535.00 feet;
Along said curve through a central angle of 17° 44' 12" for an arc distance of 165.62 feet (chord
bears: S 51' 48' 36" W - 164.96 feet) to the end of said curve;
S 60° 40'43" W for a distance of 476.61 feet to the beginning of a counterclockwise curve
having a radius of 25.00 feet;
Along said curve through a central angle of 90° 00'00" for an arc distance of 39.27 feet (chord
bears: S 15° 40'43" W - 35.36 feet) to the end of said curve;
S 29° 19' 17" E for a distance of 21.08 feet;
S 60° 40'43" W for a distance of 362.50 feet to the common line of said remainder of 12.9075
acre tract and the remainder of a railroad right -of -way;
THENCE: N 29 19' 17" W along the southwest line of said remainder of 12.9075 acre tract, same being
the northeast line of said remainder of railroad right -of -way, for a distance of 1720.13 feet to the POINT
OF BEGINNING containing 30.458 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 of land is not a representation that such area or
quantity is correct, but is made only for informational and/or identification purposes and does not
override Item No. 2 of Schedule B.
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RESTRICTIVE COVENANTS:
None.
SCHEDULE B EXCEPTIONS
a. Any encroachment, encumbrance, violation, variation, or adverse circumstance
affecting the title that would be disclosed by an accurate and complete land survey of
the land.
b. Easements or claims of easements which are not recorded in the public records of
Brazos County, Texas.
C. Memorandum of Ground Lease dated June 20, 2006, by and between John A. Malley
and Jennifer B. Todd, as Lessors and Saddle Creek Partners, LTD, as Lessee, recorded
in Volume 7427, page 277 of the Official Public Records of Brazos County, Texas.
d. Easement granted to Wellborn Water Supply Corporation by J. C. Wade as set out in
instrument dated August 17, 1971, recorded in Volume 303, Page 385 of the Deed
Records of Brazos County, Texas.
e. Access Easement granted to Minnie Louise Wade a/k/a Louise S. Wade and Annie
Belle Wade by John A. Malley and Jennifer B. Todd as set out in instrument dated June
30, 2006, recorded in Volume 7427, page 242 of the Official Public Records of Brazos
County, Texas.
Temporary Access Easement granted to The Public, et al by John A. Malley and
Jennifer B. Todd as set out in instrument dated May 28, 2009, recorded in Volume
9136, page 133 of the Official Public Records of Brazos County, Texas.
g. Easement granted to Saddle Creek Homeowners Association and adjoining land owners
by John A. Malley and Jennifer B. Todd as set out in instrument dated May 28, 2009,
recorded in Volume 9136, page 140 of the Official Public Records of Brazos County,
Texas.
h. v 1 Low pressure natural gas pipeline as shown and noted on the Plat of Saddle Creek
Subdivision, Phase 5, recorded in Volume 9136, page 133 of the Official Public
Records of Brazos County, Texas.
i. ✓ Royalty interest in all of the oil, gas and other minerals in and under the herein
described property assigned to Kenneth M. Robison by Louise Wade, individually and
as Executrix of the Estate of J. C. Wade and as Trustee /Guardian, Eugene Wade,
individually and as Trustee /Guardian, and AnnaBelle Wade, individually in instrument
dated July 7, 1983, recorded in Volume 601, page 417 of the Official Public Records of
Brazos County, Texas. Title to this interest not investigated subsequent to date of said
instrument.
AGGIELAND TITLE COMPANY Page 4
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j. Mineral Reservation as set out in deed dated June 30, 2006 from Minnie Louise Wade
aka Louise S. Wade and Annie Belle Wade to John A. Malley and Jennifer B. Todd,
recorded in Volume 7427, page 198, Official Public Records of Brazos County, Texas.
Title to this interest not investigated subsequent to date of said instrument.
k. Estate created by oil, gas and mineral lease granted to Peter Paul Petroleum Company
by Louise Wade, individually and as Executrix of the Estate of J. C. Wade and as
Trustee /Guardian; Eugene Wade, individually and as Trustee /Guardian; and Annabelle
Wade, individually by instrument dated July 1, 1983, recorded in Volume 604, page
437 of the Official Public Records of Brazos County, Texas, and all terms, conditions
and stipulations contained therein. Title to this lease has not been investigated
subsequent to date thereof.
1. Estate created by oil, gas and mineral lease granted to Union Pacific Resources
Company by Louise S. Wade, Annie Belle Wade, Steven Ray Wade, Bradley C. Wade,
Richard Eugene Wade, individually and as trustee for Laura Audnette Wade by
instrument dated July 31, 1990, recorded in Volume 1209, page 244 of the Official
Public Records of Brazos County, Texas, and all terms, conditions and stipulations
contained therein. Title to this lease has not been investigated subsequent to date
thereof. Said lease ratified in instrument dated December 1, 1993, recorded in Volume
1978, page 143 of said Official Public Records.
m. Corrected Memorandum of Oil, Gas and Mineral Lease dated February 16, 2001, by
and between Louise, S. Wade, James Eugene Wade, Annie Belle Wade, Steven Ray
Wade, Bradley C. Wade, Richard Eugene Wade, Laura Audnette Crenshaw and Lometa
Petroleum Corporation, recorded in Volume 4313, page 311 of the Official Public
Records of Brazos County, Texas. Title to this interest not checked subsequent to date
of said instrument. Said lease ratified in instrument dated September 7, 2001, recorded
in Volume 4313, page 314 of said Official Public Records.
n. Rights of parties in possession.
AGGIELAND TITLE COMPANY Page 5
GF# 27318
CURATIVE MATTERS
a. Vendor's Lien retained in deed dated June 30, 2006 from Minnie Louise Wade aka
Louise S. Wade and Annie Belle Wade to John A. Malley and Jennifer B. Todd
recorded in Volume 7427, page 198, securing the payment of one note of even date
therewith in the principal sum of $970,000.00, payable to Capital Farm Credit, FLCA,
and additionally secured by Deed of Trust of even date therewith executed by Jennifer
B. Todd and John A. Malley to Ben R. Novosad, Trustee, said deed of trust filed for
record with the County Clerk of Brazos County, Texas on July 5, 2006 and recorded in
Volume 7427, page 215 of the Official Public Records of Brazos County, Texas.
b. Memorandum of Option to Purchase dated June 20, 2006, by and between John A.
Malley, Jennifer B. Todd and Saddle Creek Partners, Ltd., recorded in Volume 7427,
page 270 of the Official Public Records of Brazos County, Texas.
C. This report does not cover matters of survey, including, but not limited to
discrepancies, conflicts or shortages in area of boundary lines or any encroachments or
protrusions or any overlapping improvement.
d. Standby fees, taxes and assessments have not been investigated.
This report is prepared and delivered with the express understanding and agreement, evidenced by the
acceptance hereof, that the undersigned is not rendering an opinion as to the title to the land under
investigation herein, and while believing its construction of the records as hereinabove set out to be true
and correct, still will incur no liability beyond the fee paid for this report by reason of such construction,
nor will it be liable for any error or omission of any kind whatsoever. This report is prepared for
informational purposes only, exclusively for the party paying the fee.
EXAMINER'S IGNATURE
Preparation Date:
Effective Date:
Effective Time:
November 19, 2010
November 3, 2010
07:00 a.m.
AGGIELAND TITLE COMPANY Page 6
AGGIELAND TITLE COMPANY
3740 Copperfield Drive, Suite 101
Bryan, Texas 77802
979 - 731 -8400
SUBSEQUENT TO CERTIFICATE
GF# 27318
PROPERTY DESCRIPTION:
Metes and bounds description of all that certain tract or parcel of land lying and being situated in
the James C. Stuteville League, Abstract No. 216, Brazos County, Texas. Said tract being a
portion of the remainder of a called 359.07 acre tract as described by a deed to John A. Malley
and Jennifer B. Todd recorded in Volume 7427, page 198 of the Official Public Records of Brazos
County, Texas, and a portion of the remainder of a called 12.9075 acre tract as described by a
deed to John A. Malley and Jennifer B. Todd recorded in Volume 7427, page 210 of the Official
Public Records of Brazos County, Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at the south corner of Saddle Creek Subdivision, Phase 7A, according to the plat
recorded in Volume 8758, page 126 of the Official Public Records of Brazos County, Texas,
marking the northwest corner of said remainder of 12.9075 acre tract;
THENCE: along the common line of said remainder of 359.07 acre tract and said remainder of
12.9075 acre tract and Saddle Creek Subdivision, Phase 7A, for the following calls:
N 55° 08'24" E for a distance of 61.36 feet;
N 85° 11' 11" E for a distance of 84.14 feet;
N 89° 38' 23" E for a distance of 104.12 feet;
N 61' 36' 09" E for a distance of 133.78 feet;
N 51* 03' 04" E for a distance of 97.94 feet to the west corner of Saddle Creek
Subdivision, Phase 5, according to the plat recorded in Volume 9311, page 252 of the
Official Public Records of Brazos County, Texas;
THENCE: along the common line of said remainder of 359.07 acre tract and Saddle Creek
Subdivision, Phase 5, for the following calls:
S 49 52' 11" E for a distance of 49.46 feet;
S 57° 58' 31" E for a distance of 89.95 feet;
S 68° 03' 54" E for a distance of 40.57 feet;
S 82 30' 33" E for a distance of 130.42 feet;
S 86 18' 28" E for a distance of 107.59 feet to the westerly line of Vintage Oaks Drive
(70' R.O.W.);
S 08° 35' 25" W along the westerly line of Vintage Oaks Drive for a distance of 81.42 feet
to the beginning of a clockwise curve having a radius of 215.00 feet;
Continuing along the westerly line of Vintage Oaks Drive and along said curve through a
central angle of 30 01' 28" for an arc distance of 112.67 feet (Chord bears: S 23° 36' 09"
W - 111.38 feet) to the end of said curve;
S 51 23' 07" E across Vintage Oaks Drive for a distance of 70.00 feet;
S 33 17' 53" E for a distance of 483.84 feet;
S 36° 57' 58" E for a distance of 308.00 feet;
N 42 56' 30" E for a distance of 354.12 feet to the southerly line of Saddle Creek Drive
(100' R.O.W.);
S 47° 03' 30" E along the southerly line of Saddle Creek Drive for a distance of 119.17
feet;
N 42 56' 30" E across Saddle Creek Drive for a distance of 100.00 feet;
N 43 04' 41" E for a distance of 367.11 feet to the east corner of Lot 148, Block 6,
Saddle Creek Subdivision, Phase 5;
THENCE: through said remainder of 359.07 acre tract for the following calls:
S 64 52' 02" E for a distance of 158.54 feet;
S 12° 49' 56" W for a distance of 145.52 feet;
S 55° 31' 19" W for a distance of 296.83 feet;
S 47° 03' 30" E for a distance of 135.92 feet;
S 42° 56' 30" W for a distance of 100.00 feet to the beginning of a counterclockwise
curve having a radius of 25.00 feet;
Along said curve through a central angle of 90° 00' 00" for an arc distance of 39.27 feet
(chord bears: S 87 56' 30" W - 35.36 feet) to the end of said curve;
S 42° 56' 30" W for a distance of 112.10 feet to the beginning of a clockwise curve having
a radius of 535.00 feet;
Along said curve through a central angle of 17 44' 12" for an arc distance of 165.62 feet
(chord bears: S 51' 48' 36" W - 164.96 feet) to the end of said curve;
S 60 40' 43" W for a distance of 476.61 feet to the beginning of a counterclockwise
curve having a radius of 25.00 feet;
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Along said curve through a central angle of 90 00' 00" for an arc distance of 39.27 feet
(chord bears: S 15 40'43" W - 35.36 feet) to the end of said curve;
S 29° 19' 17" E for a distance of 21.08 feet;
S 60° 40' 43" W for a distance of 362.50 feet to the common line of said remainder of
12.9075 acre tract and the remainder of a railroad right -of -way;
THENCE: N 29° 19' 17" W along the southwest line of said remainder of 12.9075 acre tract, same
being the northeast line of said remainder of railroad right -of -way, for a distance of 1720.13 feet
to the POINT OF BEGINNING containing 30.458 acres of land, more or less.
RECORD TITLE APPEARS TO BE VESTED IN:
John A. Malley and Jennifer B. Todd
THE STATE OF TEXAS )(
COUNTY OF BRAZOS )(
We, AGGIELAND TITLE COMPANY, hereby certify that we have carefully examined
the records in the Office of the County Clerk of Brazos County, Texas, and find nothing
of record affecting title to the above captioned lands subsequent to November 3, 2010 @
7:00 a.m.
EXCEPT the following:
NOTHING NEW FOUND
We find State Tax Liens, Federal Tax Liens, Abstracts of Judgment or Lis Pendens of
record against the above captioned property owner as follows:
None Found
This certificate is prepared and delivered with the express understanding and agreement,
evidenced by the acceptance hereof, that the undersigned is not rendering an opinion as to
the title to the lands under investigation herein, and while believing its construction of the
records as hereinabove set out to be true and correct, still will incur no liability beyond
the fee paid for this certificate by reason of such construction, nor will it be liable for any
error or omission of any kind whatsoever.
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RECORDS searched to the 31st day of January, 2011, at 7:00 o'clock a.m.
AGGIELAND TITLE COMPANY
BY: /s/ Carolyn Gaston
Abstracter: Carolyn Gaston