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HomeMy WebLinkAbouttitle report Brazos 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. 149055 Title Report Prepared February 18, 2010 for McCLURE & BROWNE ENGINEERING /SURVEYING, INC. Attention: KEVIN McCLURE 1008 WOODCREEK DRIVE, #103 COLLEGE STATION, TEXAS 77845 Brazos County Abstract Company "More than 130 Years of Title Service" EFFECTIVE DATE: February 16, 2010 at 8 :00 a.m. GF NO. 149055 PROPERTY DESCRIPTION: Being all that certain tract or parcel of land lying and being situated in the S.W. ROBERTSON SURVEY, Abstract No. 202 in College Station, Brazos County, Texas and being part of the 505.19 acre Tract One described in the deed from Young Brothers, Inc. Contractors to Pebble Creek Development Company recorded in Volume 1671, Page 276 of the Official Records of Brazos County, Texas (O.R.B.C.) and being a part of the 7.32 acre tract • described in the deed from the City of College Station to Pebble Creek Development Company recorded in Volume 3229, Page 232 (O.R.B.C.) and being more particularly described by metes and bounds as follows: BEGINNING: at a found 1/2 -inch iron rod marking the southeast corner of Lot 1, Block 35, PEBBLE CREEK, PHASE 9 -A subdivision as recorded in Volume 4651, Page 152 (O.R.B.C.) and the southwest corner of Lot 2, Block 35, PEBBLE CREEK, PHASE 9 -H subdivision as recorded in Volume 9471, Page 5 (O.R.B.C.); THENCE: along the south line of said PEBBLE CREEK, PHASE 9 -H subdivision for the following four (4) calls: 1) S 84° 30' 51" E for a distance of 584.36 feet to a found 1/2 -inch iron rod for corner, 2) N 05° 59' 02" W for a distance of 128.20 feet to a found 3/4 -inch iron pipe to the Point of Curvature of a curve to the left, 3) 36.41 feet along the arc of said curve having a central angle of 83° 27' 12 ", a radius of 25.00 feet, a tangent of 22.30 feet and a long chord bearing N 47° 42' 38" W at a distance of 33.28 feet to a found 3/4 -inch iron pipe for corner, said iron pipe being in the south right -of -way line of St. Andrews Drive (based on a 60' width) and 4) 136.64 feet in a counter - clockwise direction along the are of a curve in the beforesaid south right - of-way line of St. Andrews Drive, said curve having a central angle of 5° 07' 01", a radius of 1530.00 feet, a tangent of 68.37 feet and a long chord bearing N 88° 00' 15" E at a distance of 136.60 feet to a found 1/2 -inch iron rod marking the northwest corner of Lot 20, Block 53 PEBBLE CREEK, PHASE 9 -G subdivision as recorded in Volume 8830, Page 63 (O.R.B.C.); THENCE: S 12° 59' 34" E along said Block 53 for a distance of 222.05 feet Brazos County Abstract Company "More than 130 Years of Title Service" to a found 1/2 -inch iron rod for corner; THENCE: S 16° 15' 49" E continuing along said Block 53 for a distance of 319.91 feet to a found 1/2 -inch iron rod for corner; THENCE: through the interior of the said 505.19 acre Tract One for the following nine (9) calls: 1) N 88° 36' 39" W for a distance of 162.42 feet to a 1/2 -inch iron rod set for corner, 2) N79° 25' 24" W for a distance of 80.00 feet to a 1/2 -inch iron rod set for corner, 3) 89.03 feet in a clockwise direction along the arc of a curve having a central angle of 10° 52' 36 ", a radius of 469.00 feet, a tangent of 44.65 feet and a long chord bearing S 16° 00' 54" W at a distance of 88.90 feet to a 1 /2 -inch iron rod set for corner, 4) N 77° 30' 26" W for a distance of 479.62 feet to a 1/2 -inch iron rod set for corner, 5) S 40° 47' 32" W for a distance of 522.60 feet to a 1/2 -inch iron rod set for corner, 6) N 41° 48' 43" W for a distance of 428.38 feet to a found 1/2 -inch iron rod marking the east corner of Lot 1, Block 4 THE BUSINESS CENTER AT COLLEGE STATION, PHASE 3 subdivision as recorded in Volume 3764, Page 130 (O.R.B.C.), THENCE: N 67° 31' 22" W along the northeast line of said Lot 1 for a distance of 148.94 feet to a found 1/2 -inch iron rod marking the south corner of Lot 80, Block 25, PEBBLE CREEK, PHASE 8 -C subdivision as recorded in Volume 4113, Page 164 (O.R.B.C.); THENCE: N 22° 29' 12" E along the southeast line of said Block 25 for a distance of 194.09 feet to a found 1/2 -inch iron rod for corner; THENCE: N 45° 16' 58" E continuing along said Block 25 for a distance of 446.58 feet to a found 1/2 -inch iron rod marking the southwest corner of Lot 87, Block 25 of said PEBBLE CREEK, PHASE 9 -A; THENCE: along the south line of said PEBBLE CREEK, PHASE 9 -A for the following four (4) calls: 1) S 82° 01' 58" E for a distance of 136.35 feet to a found 1/2 -inch iron rod for corner, 2) S 07° 58' 02" W for a distance of 61.70 feet to a 1/2-inch iron rod set for corner, , Brazos County Abstract Company "More than 130 Years of Title Service" 3) S 82° 01' 58" E for a distance of 60.00 feet to a 1/2 -inch iron rod set for corner and 4) N 88° 53' 26" E for a distance of 101.27 feet to the POINT OF BEGINNING and containing 14.378 acres of land, more or less. TITLE APPEARS TO BE VESTED IN: PEBBLE CREEK DEVELOPMENT COMPANY 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 R. F. Spearman to The City of Bryan, dated March 25, 1982, recorded in Volume 516, page 752, Deed Records of Brazos County, Texas. Right -of -Way Easement from JAC, Inc. to The City of Bryan, dated May 6, 1983, recorded in Volume 581, page 713, Deed Records of Brazos County, Texas. Right -of -Way Easement from J. E. Marsh et ux to The City of Bryan, dated August 27, 1941, recorded in Volume 2504, page 83, Official Records of Brazos County, Texas. 4. OUTSTANDING MINERALS AND /OR ROYALTIES: Mineral reservation in Deed from Ed S. Wickes et al to J. E. Marsh, dated April 28, 1940, recorded in Volume 103, page 279, 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 Grace H. Marsh et al to Michigan International Speedway, Inc., dated May 19, 1969, recorded in Volume 277, page 84, Deed Records of Brazos County, Texas. Title to this reservation Brazos County Abstract Company "More than 130 Years of Title Service" has not been traced subsequent to the date of the above -cited instrument. Mineral reservation in Deed from Kenneth M. Morris, Trustee to R. F. Spearman, dated June 23, 1981, recorded in Volume 487, page 204, Deed Records of Brazos County, Texas. Title to this reservation has not been traced subsequent to the date of the above -cited instrument. Royalty Deed from Grace H. Marsh to Louise M. Reeves, Trustee, dated December 30, 1981, recorded in Volume 504, page 677, Deed Records of Brazos County, Texas. Title to this royalty interest has not been investigated subsequent to the date of the above -cited instrument. Correction Mineral Deed from Kenneth M. Morris, Trustee to Howard L. Terry et al, dated March 19, 1991, recorded in Volume 1252, page 211, Official Records of Brazos County, Texas. Title to this mineral interest has not been traced subsequent to the date of the above -cited instrument. 5. OIL & GAS LEASES: Estate created by Oil and Gas Leases from Vernon F. Runnels et al to Arneritex Minerals, Inc., dated May 8, 1990, recorded in Volume 1192, pages 551 and 554, Volume 1193, page 783 and Volume 1194, page 209, Official Records of Brazos County, Texas, and as ratified by instruments recorded in Volume 1252, pages 216, 218, 220, 222, 224, 226 and 228, Official 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 Leases from Gene R. Mendel et al to RME Petroleum Company, dated June 14, 2001, recorded in Volume 4188, page 81, Volume 4208, pages 143, 147, 155, Volume 4218, pages 190 and 194, Volume 4231, page 319, 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 961, page 297, Official Records of Brazos County, Texas. 7. TAXES: NO SEARCH MADE Brazos County Abstract Company "More than 130 Years of Title Service" 8. MISCELLANEOUS: Al! 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 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 McCLURE & BROWNE ENGINEERING /SURVEYING, INC.. 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 01/15/08 04:42 FAX 9797311 -:41 BRAZOS COUNTY ABSTRACT 11002 Brazo s County Abstract Company "More than 130 Years of Tide Service" Phone: (979) 731 -1900 3800 Cross Park Drive P.O. Box 4704 Bryan, TX 77802 Bryan„ TX 77805 -470G4 Pacsims : (979) 731 -8352 E - mail bcac@bcactg.cvm • . BCAC GT NO. 14269 Title Report Prepared January 14, 2008 for PEBBLE CREEK DEVELOPMENT COMPANY Attention: KKYM WAGNER • Received Time Jan. 15. 12:13PM O1/15/O8 04:42 FAX 9797311301 BRAZOS COUNTY ABSTRACT 8 003 • Brazos County Abstract Company "More than 130 Years of Title Service" EFFECTIVE DATE: January 2, 2008 at 8:00 a.m. CIF NO. 142369 PROPERTY DESCRIPTION: TRACT ONE_ • Bering all that certain tract or parcel of land lying and being situated in the S.W. ROBERTSON SURVEY, Abstract No. 202 in College Station, Brazos County, Texas and being pact of the 505.19 Acre Tract One described in the deed from Young Brothers, Inc. Contractors to Pebble Creek Development Company recorded in Volume 1671, Page 276 of the Official Records of Brazos County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows: COMiv1ENCING: at a found 1/2 inch iron rod marking the southeast comer of Lot 1, Block 35, PEBBLE CREEK, PHASE 9 -A subdivision as recorded in Volume 4651, Page 152 (O.R.B.C.), from 'whence found 1/2 -inch iron rod marking the northeast corner of said Lot 1, Block 35 bears N 07° 58' 02" E far a distance of 15533 feet for reference; THENCE: S 84° 30' 51" E along the south line of proposed PEBBLE CREEK, PHASE 9 -H for a distance of 584.36 feet for corner; THENCE: along the east line of the proposed. PHASE 9 -H for the following two (2) calls: 1) N 05° 59' 02" W for a distance of 128.20 feet to the Point -of- Curvature of a. curve to the left 2) 13.39 feet along the arc of said curve having a central angle of 30° 41' 33 ", a radius of 25.00 feet , a tangent of 6.86 feet and a long chord bearing N 21° 19' 49" W at a distance of 13.23 feet to the POINT OF BEGINN:'O; • THENCE: 23.02 feet in a counter - clockwise direction along the arc of a curve in the southeasterly line of the proposed PHASE 9 - 11, said curve having a central angle of 52° 45' 39 ", a radius of 25.00 feet, a tangent of 12.40 feet and a long chord bearing N. 63° 03' 25" W at a distance of 22/2 feet for corner in the future south right-of-way line of St Andrews Drive (based on a 60' width); THENCE: 136.64 feet in a counter clockwise direction along the are of a curve in the fiture St. Andrews Drive right -of -way, said curve baying a central angle of 05° 07' 01 ", a radius of 1530.00 feet, a tangent of 68.37 feet and a long chord bearing N 88° 00' 15" E at a distance of 136.60 feet for comer and being the northwest corner of proposed Lot 20, Block 53 PEBBLE CREEK, PHASE 9-G subdivision; MENU.: S 12° 59' 34" B along the west line of the proposed PHASE 9 - for a distance of 10.11 feet for comer; THENCE: 119.12 feet in a clockwise direction along the arc of a curve having a central angle of 04° 25' • Received Time Jan. 15. 12:13PM • 01/15/08 04:43 FAX 979731.,1 BRAZOS COUNTY ABSTRACT ( 004 • Brazos County Abstract Company "More than 130 Years of Tint Service" 54 ", a radius of 1540.00 feet, a tangent of 5939 feet and a long chord. bearing S 87° 36' 23" W at a distance of 119.09 feet to the POINT OF BEGINNING and containing 0.0285 acres (1,239.4 sq. ft.) of land, more or less. TRACT TWO: Being all that certain tract or parcel eland lying and being situated in the S.W. ROBERTSON SURVEY, Abstract No. 202 in College Station, Brazos County, Texas and being part of the 505.19 A:Cm Tract One described in the deed from Young 276 of tbte Records Contractors Pebble Creek s of Brazos County, (O.RB. and recorded in Volume 1671, Page being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod marling the southeast comer of Lot 1, Block 35, PEBBLE CREEK, PEASE 9 - subdivision as recorded in Volume 4651, Page 152 (O R.B.C.), from whence a found 1/2 -inch iron rod marking the northeast comer of said Lot 1, Block 35 bears N 07 58' 02" E for a - distance of 155.73 feet for reference; THENCE: S '84° 30' 51" E along the south line of proposed PEBBLE CREEK, PHASE 9 -H for a distance of 584.36 feet to the POINT OF BEGINNING; THENCE: N 05 59' 02" W along the east line of the proposed PHASB 9 -14 for a distance of 1020 feet for corner; THENCE: S 84° 30' 51" E for a distance of 136,58 feet for corner in the west lino of proposed Lot 19, Block 53 PEBBLE CREEK. PHASE 9-G subdivision; THENCE: S 12° 59' 34" E along the proposed west line of PHASE 9-G for a distance of 10.54 feet for corner; THENCE: N 84° 30' 51" W for a distance of 137.89 feet to the POINT OF BEGINNING and containing 0.0315 acres (1,372.3 aq. ft.) eland, more or less. TRACT THBRP: • • Being all that certain tract or parcel of land lying and being situated In the S.W. ROBERTSON SURVEY, Abstract No. 202 in College Station, Brazos County, Texas and being part of the 505.19 Acre Tract One described in the deed from Young Broth, Inc. Contractors to Pebble Creek Development Company recorded in Volume 1671, Page 276 of the Official Records of Brazos County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows: COMMENCING: at a found 1/2 -inch iron rod marking the southeast corner of Lot 1, Block 35, PEBBLE CREEK, PHASE 9 - subdivision as recorded in Volute 4651, Page 152 (O.R.B.C.), from whence a • Received Time Jan. 15. 12:13PM 01/15/08 04:43 FAX 9797311381 BRAZOS COUNTY ABSTRACT ^ ''r✓ Z005 • Brazos County Abstract Company "More than 130 Years of Tito Service" • found 1/2 inch iron rod marking the northeast comer of said Lot 1, Block 35 bears N 07° 58' 02" E for a distance of 155.73 feet for reference; THENCE HENCE: S 84° 30' 51" E along the south line of proposed PEBBLE CREEK, PHASE 9-R for a distance of 584.36 feet for corner; TkIENCL: N 27° 12' 28" E for a distance of 114.26 feet to the POINT OF BEGINNING; • THENCE: N 03° 16' 18" W for a distance of 50.00 feet for comer in the future south right -of- -way line of St. Andrews Drive (based on a 60' width); future St. Andrews T1iENCE: 17.74 feet in acounter- clockwise direction along 3 9' S1 a of 50 0 feet, a dent of Drive right -of -way, said curve having a central angl e 8.57 feet and a long chord bearing N 86° 57' 28" E at a distance of 17.74 feet for corner; THENCE: S 06° 43' 27" E for a distance of 49.99 feet for corner; THENCE: S 86° 38' 15" W for a .distance of 20.75 feet to the POINT OF BEGINNING and containing 0.0221 acres (960.9 sq. ft.) of laud, more or Tess. TITLE APPEARS TO BE VESTED IN; PEBBLE CREEK DEVELOPMENT COMPANY By Deed recorded in Volume 1671, page 276, 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 Ed. S. Wickes, et al to Humble Pipe Line Company, dated My 1919, =carded in Volume 48, page 614 and Volume 49, • page 194, Deed Records of Brazos County, Texas; Amendatory Easement and Right -of -Way Agreement dated June 23, 1986, by and between Exxon Pipeline Company and Brazos Coal Limited, recorded in • Received Time Jan. 15. 12:13PM 01/13/08 04:43 FAX 979731x'. BRAZOS COUNTY ABSTRACT U006 Brazos County Abstract Company "More than 130 Years of Title Service" Volume 959, page 125, Official Records of Brazos County, Texas. • Right-of-Way Agreement from Mrs. B. it Clay to Humble �e Deed Company, dated July 11, 1924, recorded in Voluthe 64, page Records of Brazos County, Texas; said easement amended in instrument recorded in Volume 961, page 246, Official Records of Brazos County, Texas. Reservation of water line easement, together with the "right of ingress and egress thereto for maintenance purposes" under teams and conditions set forth in Deed foam Holloway Sand & Gravel Company, Inc., et al to Howard L. Terry, et el, dated June 1, 1973, recorded in Volume 316, page 416, Deed Records of Brazos County, Texas. Pipeline Easement from J. W. McFarlane, Trustee to Clajon Gas Company, dated January 19, 1981, recorded in Volume 473, page 87, Deed Records of Brazos County, Texas.. Right -of -Way Agreement from Thousand Oaks Development Company Joint Venture to Ferguson Burleson County Gas Gathering System, dated June 16, 1993, recorded in Volume 2065, page 35, Official Records of Brazos County, Texas. Right -of -Way Easement from R.F. Spearman to The City of Bryan, dated March 25, 1982, recorded in Volume 516, page 752, Deed Records of Brazos County, Texas. (Blanket) Right -of -Way Easement from JAC, Inc. to The City of Bryan, dated May 6, 1983, recorded in Volume 581, page 713, Deed Records of Brazos County, Texas. (Blanket) Sanitary Sewer Easement Agreement from Pebble Creek Development Company to Animate Habitat, Ltd., dated April 21, 2005, recorded in Volume 6628, page 67, Official Records . of Brazos County, Texas. 4. OUTSTANDING MINERALS AND /OR ROYALTIES: Mineral reservation in Deed from Mrs. Sallie N. White, et al to E. S. Wickes, dated August 24, 1918, recorded in Volume 46, page 626, Deed Records of Brazos County, Texas. Title to this reservation has not been traced subsequent to the data of the above -cited instrument. Received Time Jan. 15. 12:13PM • 01/15/08 04:43 FAX 9797311381 BRAZOS COUNTY ABSTRACT X1007 Brazos County Abstract Company "More than 130 Years of Title Service" Mineral reservation in Deed from Ed S. Wickes et al to J.E. Marsh, dated April 28, 1940, recorded in Volume 103, page 279, 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 C. E. Yoakum to J. E. Marsh, dated March 28, 1947, recorded in Volume 129, page 419, 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 J. E. Marsh, et ux to Henry B. Clay, dated November 30, 1967, recorded in Volume 266, page 238, Deed Records of Brazos County, Texas. Title to this reservation has not been traced subsequent to the date of the above -cited instr Royalty reservation in Deed from Grace IL Marsh et al to Michigan International Speedway, Inc., dated May 19, 1969, recorded in Volume 277, page 84, 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 Kenneth M. Morris, Trustee, et al to L W. McFarlane, Trustee, dated April. 13, 1978, recorded in Volume 395, page • 88, Deed Records of Brazos County, Texas. Title to this reservation has not been traced subsequent to the date of the above -cited instrument. Royalty Deed from Grace H. Marsh to Louise M. Reeves, Trustee, dated • December 30, 1981, recorded in Volume 504, pages 677 and 681, Deed Records of Brazos County, Texas. Title to this royalty interest has not been investigated subsequent to the date of the above instrument. Correction Mineral Deed from Kenneth M. Morris, Trustee to Howard L. Terry, et at, dated March 19, 1991, recorded. in Volume 1252, page 211, Official Records of Brazos County, Texas. Title to this mineral interest has not been traced subsequent to the date of the above -cited instrument • Partition Mineral Deed from Thousand Dales Development Company Joint Venture, et al to Global Natural Resources Corporation of Nevada and Isidore Miner, dated February 10. 1994, recorded in Volume 2156, page 123, Official Records of Brazos County, Texas. Title to these mineral interests has not been traced subsequent to the data of the above -cited instrument. • • Received Time Jan. 15. 12:13PM 01/15/08 04:44 FAX 97973, 1 BRAZOS COUNTY ABSTRACT - 008 • Brazos County Abstract Company . "More than 130 Years of Tide Service" 5. OM & GAS LEASES: Estate created by Oil and Gas Lease from Brazos Coal Limited, et al to Union Pacific Resources Company, dated May 2, 1990, recorded in Volume 1302, page 271, Official Records of Brazos County, Texas; as ratified in instruments recorded in Volume 1504, pages 74, 76, 78, 80, 82, 84, 86, 88, 90, 92, 94, 96, 98 and 100, Official 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 Leases from Vernon F. R.mme1s et al to Ameritex Minerals, Inc., dated May 8, 1990, recorded. in Volume 1192, page 551, Volume 1192, page 554, Volume 1193, page 783 and Volume 1194, page 209, Official Records of Brazos County, Texas; and as ratified in. instruments recorded in Volume 1252, pages 216, 218, 220, 222, 224, 226 and 228, Official Records of Brazos County, Texas. Title to these - - leases has not been traced subsequent to the date of the above -cited instruments. Estate created by Oil and Gas Lease from Lois White Adams, et alto Union Pacific Resources Company, dated. January 7, 1991, recorded in Volume 1239, page 246 and Volume 1241, page 250, Official 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 Leases from Valerie Buchner, et al to W.C. Walker & Associates, Inc.., dated August 1993, recorded in Volume 1885, page 283; Volume 1886, page 32; Volume 1877, pages 104 and 106; Volume 1879, page 41; Volume 1890, pages 16 and 18 and Volume 1926, pages 244, 246 and 248, Official Records of Brazos County, Texas. Title to these leases has not bean traced subsequent to the date of the above -cited instruments. 6. RESTRICTIONS; Restrictive covenants recorded in Volume 1225, page 1 and Volume 1286, page 310, Official Records of Brazos County, Texas. • 7. TAXES: NONE REQUESTED Received Time Jan.15. 12:13PM 01/15/08 04:44 FAX 9797311381 BRAZOS COUNTY ABSTRACT U009 Brazos County Abstract Company ' • "More t 125 Years of Title Service" 8. MISCELLANI?OUS: Terms, conditions and stipulations Thousand Oaks e'velopmen Company °mot Agreement by and between Venture and Charles E. Page1,mann, dated March 1,1994, and as amended March 1, 1999, but shall be affective for all purposes as of March 1, 1994. Terms, conditions and stipulations contained in Road Usc Lic cx sc Agreement by and between Thousand Oaks Development Company Joint Venture and Young Brothers Contractors, Inc_, dated July 21, 2003, said instrument indicates it will terminate December 31, 2003. 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 TO THE VALIDITY OF THE TITLE TO THE PROPERTY ABOVE DESCRIBED, NOR AS TO THE VALIDITY OF ANY OF THE INSTRUMENTS REPORTED HEREIN, INCLUALNG 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 THE ACTUAL MONETARY THE ISSUER HEREOF IS EXPRESSLY CONSIDERATION PAID FOR SAID REPORT BY PEBBLE CREEK DEVELOPMENT COMPANY. THIS SEARCH HAS BEEN LIMITED TO THE ABOVE MATTERS AND THE ABOVE TIME PERIOD; AND WE HAVE NOT SEARCHED FOR, NOR HAVE REELECTED HEREIN, ANY EX.A. IINATION AS TO TAX SUITS, SPECIAL ASSESSMENTS, CONFLICTS OR OTHER INSTRUMENTS WHICH MAY AFFECT TITT.E 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 ABS'T'RACT COMPANY VAN ETTEN • Received Time Jan. 15. 12:13PM