HomeMy WebLinkAboutTitle Report Brazos County Abstract Company
"More titan 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 GT NO. 149542
Title Report Prepared June 7, 2010
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.
GF 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 confer of this tract, from which
the College Station OPS 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
in 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 narked "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 Investors 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 °50'35" 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 I0.29 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°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 1 562" found;
Around a curve to the left having a delta angle of 06 °09'43 ", an arc distance
of 51.62 feet, a radius of 480.00 feet, and a chord of North 7 °14'30" West, a
distance of 51.670 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, 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 °11'53" 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 °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°11'53" East, a distance of 121.93 feet to the PLACE OF
BEGINNING, containing 7.124 acres 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 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 an orange plastic cap marked
" Carlomagno RPLS 1562" with a orange plastic cap marked " Carlomagno
RPLS 1562" set for the north comer 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 corner
of this tract;
South 59 °45'43" 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 °22'09" 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 comer
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 °57'09" West, a distance of 68.22 feet to a 5/8" iron rod with an
orange plastic cap marked "Carlomagno RPLS 1562" 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 1562" 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 comer 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 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:
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 1 562" 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 °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 arc
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 1562" 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 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 83 °11'53" 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., fornierly 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 instnument.
•
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 01? 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 01? RECORD
PERTAINING TO SAID PROPERTY, AND IT IS EXPRESSLY UNDERSTOOD AND AGREED
THAT THIS TITLE REPORT IS NEITHER A GUARANTY NOR WARRANTY 01? 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
"dir wA.<
1 0 1- VAN ETTEN
MANAGER'S CERTIFICATE
I the undersigned, Manager of GREENS PRAIRIE ASSOCIATES LLC, a Texas limited
liability company (the "Company ") do hereby certify that: (i) that the Company is duly organized
and existing under the laws of the State of Texas and is authorized to do business in the State
of Texas; that all franchise and other taxes required to maintain its company existence have
been paid when due and that no such taxes are delinquent; that no proceedings are pending for
the forfeiture of its Certificate of Organization or for its dissolution, voluntarily or involuntarily;
that it is fully qualified and in good standing to do business in all jurisdictions in which the nature
of its business requires it to be qualified; that there is no provision of the Articles of Organization
or Regulations of the Company limiting the power of the Members to pass the Resolutions set
forth below; (ii) that GREENS PRAIRIE ASSOCIATES LLC, is the sole general partner of
GREENS PRAIRIE INVESTORS, LTD. (the "Partnership "), and that GREENS PRAIRIE
INVESTORS, LTD., is a limited partnership duly organized and existing under the laws of the
State of Texas and is authorized to do business in the State of Texas; and (iii) that on the
day of March, 2002, by written consent of the Manager of the Company, the following
resolutions were unanimously adopted and recorded in the minutes of the books of said
Company kept by the Company and are in accord with and pursuant to the Articles of
Organization and Limited Liability Company Agreement of the Company and are now in full
force and effect, to -wit
RESOLVED, that WALLACE PHILLIPS, Manager, is authorized in the name of the
Company, as its own act to sell the Company's real property located in Brazos County,
Texas, described in Exhibit "A" attached hereto and incorporated herein by this
reference (the "Property"), to CASTLEGATE HOMEOWNER'S ASSOCIATION, INC.
pursuant to a Real Estate Contract dated effective February 14, 2002;
FURTHER RESOLVED, that WALLACE PHILLIPS, Manager, acting individually, be,
and is hereby authorized, empowered, and directed to execute, acknowledge, and
deliver on behalf of the Company, as the general partner of the Partnership, such
contracts, assignments, affidavits, deeds of trust, financing statements, security
agreements, and other instruments, containing any terms and conditions that he may, in
his sole discretion, deem necessary or desirable in connection with the sale of the
Property and the attestation by the Secretary of the Company and the affixation of the
seal of the Company shall not be necessary; and
RESOLVED FURTHER, that the Manager of the Company is directed to certify the
Minutes of this meeting and the contents of these resolutions and to deliver such
certification in support of the authority of the above officer to act on behalf of the
Company.
I further certify that the following are the duly elected and incumbent manager and officer
of the Company and that the true and correct signatures of the individuals authorized to act on
behalf of the Company are as set forth beside his or her name:
PRINT NAME TITLE SIGNATURE
Wallace Phillips Manager L%t __.L . - ' f�'
Manager's Certificate Page 1
IN WITNESS WHEREOF, I have hereunto subscribed my hand on this the J "-
day
of March, 2002.
WALLACE PHILLIPS, anager of
GREENS PRAIRIE ASSOCIATES LLC,
a Texas limited liability company
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on this the 1 day of March, 2002, by
WALLACE PHILLIPS, Manager of GREENS PRAIRIE ASSOCIATES LLC, a Texas limited
liability company, on behalf of said company.
;, EMMA TOR
Noa Sao d Tast ■7715 O4 t, 1
��� ""`a""'°' 20 ` Not Public, State of Texas
JANUARY 31,2006
Manager's Certificate Page 2