HomeMy WebLinkAboutTitle Report Brazos County Abstract Company
"More than 140 Years of Title Service"
EFFECTIVE DATE: August 18, 2011 at 8:00 a.m.
GF NO. 151051
PROPERTY DESCRIPTION:
Being all that certain lot, tract or parcel of land lying and being situated in
Brazos County, Texas and being Lot Five -R (5R), Block One (1), INDIAN
LAKES SUBDIVISION, PHASE ONE, a subdivision in Brazos County,
Texas, according to final plat recorded in Volume 7819, page 165, Official
Records of Brazos County, Texas.
TITLE APPEARS TO BE VESTED IN:
JORGE A. BERMUDEZ
by Warranty Deed from Billy L. Chenault and wife, Patty T. Chenault, dated March 29, 2006,
recorded in Volume 7225, page 196, Official Records of Brazos County, Texas. (Lot 5)
and
Warranty Deed from Smiling Mallard Development, Ltd., dated March 9, 2007, recorded in
Volume 7856, page 164, Official Records of Brazos County, Texas. (7.732 acres out of Lot 5 -R)
SUBJECT TO:
1. LIENS: None of Record.
2. ABSTRACT OF JUDGMENT/FEDERAL AND /OR STATE LIENS:
None of Record.
3. EASEMENTS: Easements and building lines as shown of record on final plat of Indian
Lakes Subdivision, Phase One, recorded in Volume 7819, page 165,
Official Records of Brazos County, Texas.
4. OUTSTANDING MINERALS AND /OR ROYALTIES:
Royalty Deed from W. L. Williams to W. P. Walker, dated May 7, 1938,
recorded in Volume 96, page 232, Deed Records of Brazos County, Texas.
Title to this royalty interest has not been traced subsequent to the date of the
above -cited instrument.
Mineral Partition Deeds by and between Brazos Coal, Limited, Global
Brazos County Abstract Company
"More than 140 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. 151051
Title Report Prepared August 19, 2011
for
McClure & Browne Engineering /Survey Inc.
Attention: Kevin R. McClure
1008 Woodcreek Drive, Suite 103
College Station, Texas 77845
Brazos County Abstract Company
"More than 140 Years of Title Service"
Natural Resources Corporation of Nevada and Isidore Miller, dated January
1, 1992, recorded in Volume 1454, page 179 and correction Mineral
Partition Deed recorded in Volume 1569, page 118, Official Records of
Brazos County, Texas. Title to this mineral interest has not been traced
subsequent to the date of the above -cited instrument.
Terms, conditions and stipulations of Surface Waiver executed by Isidore
Miller, dated July 26, 2001, recorded in Volume 4251, page 1, Official
Records of Brazos County, Texas.
Mineral reservation in Deed from Thousand Oaks Development Company
Joint Venture to Smiling Mallard Development, Ltd., dated July 26, 2001,
recorded in Volume 4247, page 51, Official Records of Brazos County,
Texas. Title to this reservation has not been traced subsequent to the date of
the above -cited instrument.
Terms and Conditions of Amended and Restated Surface Waiver and Drill
Site Designation Agreement recorded in Volume 5146, page 125, Official
Records of Brazos County, Texas.
Mineral reservation and water rights retained in Deed from Smiling Mallard
Development, Ltd. to CGM Homes Builders Corporation, dated June 27,
2003, recorded in Volume 5404, page 60, Official Records of Brazos
County, Texas. Title to this reservation has not been traced subsequent to
the date of the above -cited instrument. (Lot 5)
Mineral reservation and water rights retained in Deed from Smiling Mallard
Development, Ltd. to Jorge A. Bermudez, dated March 9, 2007, recorded in
Volume 7856, page 164, Official Records of Brazos County, Texas. Title to
this reservation has not been traced subsequent to the date of the above-
cited instrument. (7.732 acres out of Lot 5 -R)
Executory rights reserved by Grantor and granted by Grantee in respect to
all terms and conditions set forth regarding Grantor's continuing rights and
authority to amend subdivision plats and infrastructure, all as set forth in
Deed from Smiling Mallard Development, Ltd. to CGM Horne Builders
Corporation dated June 27, 2003, recorded in Volume 5404, page 60,
Official Records of Brazos County, Texas. (Lot 5)
Executory rights reserved by Grantor and granted by Grantee in respect to
all terms and conditions set forth regarding Grantor's continuing rights and
authority to amend subdivision plats and infrastructure, all as set forth in
Deed from Smiling Mallard Development, Ltd. to Jorge A. Bermudez dated
March 9, 2007, recorded in Volume 7856, page 164, Official Records of
Brazos County, Texas. (7.732 acres out of Lot 5 -R)
Brazos County Abstract Company
"More than 140 Years of Title Service"
5. OIL & 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 275, Official Records of Brazos County, Texas. Title to this
lease has not been traced subsequent to the date of the above -cited
instrument.
Terms and Conditions of Surface Waiver and Drill Site Designation
Agreement recorded in Volume 5146, page 116, Official Records of Brazos
County, Texas.
Estate created by Oil and Gas Lease from Thousand Oaks Development
Corporation Joint Venture to Ogden Resources Corporation, dated July 26,
2001, recorded in Volume 4268, page 55, Official Records of Brazos
County, Texas. Title to this lease has not been traced subsequent to the date
of the above -cited instrument.
Terms and Conditions of Surface Waiver and Drill Site Designation
Agreement dated July 26, 2001, recorded in Volume 4247, page 83 and
amended by instrument recorded in Volume 5146, page 125, Official
Records of Brazos County, Texas.
6. RESTRICTIONS: Restrictive covenants recorded in Volume 5375, page 33 and Volume 5403,
page 91, Official Records of Brazos County, Texas.
7. TAXES: Not investigated.
8. MISCELLANEOUS: The terms, conditions and stipulations contained in the Declaration of
Covenants, Conditions, Reservations and Restrictions, executed by Smiling
Mallard Development, Ltd., dated June 18, 2003, recorded in Volume 5375,
page 33, Official Records of Brazos County, Texas, and management
certificate recorded in Volume 9693, page 250, Official Records of Brazos
County, Texas.
Maintenance charge as set forth in the Declaration of Covenants,
Conditions, Reservations and Restrictions executed by Smiling Mallard
Development, Ltd., dated June 18, 2003, recorded in Volume 5375, page
33, Official Records of Brazos County, Texas.
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 140 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 McClure & Browne Engineering/Survey 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
E VAN ETTEN
pill a R 1jQt[1iNG PAID FOR BY: WC 60903 . CHENAULT .DERMUDFJ..Wn(a,h)
UnWe($Ity t.11e Company
P.O. Drawer D f
College Station, Texas 77841 Do: ttk Vol F9
1/040.3 WW oos21207 OR 7725 IN
t3t=r
Notice of Confidentiality Rights: If you are a natural person, you may
remove or strike any of the following information from this instrument
before it is filed for record in the public records: your social security
number or your driver's license number.
GENERAL WARRANTY DEED
Date: ( 7)&4...e..4 2 , 2006
Grantor: BILLY L. CHENAULT AND PATTY T. CHENAULT,
HUSBAND AND WIFE
Grantee: JORGE A. BERMUDEZ
Grantee's Mailing Address: 33h
7
Consideration: TEN AND NO /100 DOLLARS (510.00) and other good and
valuable consideration
Property (including any Improvements):
Lot Five (5), Block One (1), Resubdivision Plat Indian Lakes Subdivision Phase One, Brazos
County, according to plat thereof recorded in Volume 5978, Page 150 of the Official Records of
Brazos County, Texas, 42-0-'—'1-
Reservations from Conveyance: 1
NONE.
Exceptions to Conveyance and Warranty:
This conveyance is made subject to all valid and subsisting easements, restrictions, rights of way,
conditions, exceptions, reservations, and covenants of whatsoever nature of record, if any, and also
to the zoning laws and other restrictions, regulations, ordinances and statutes of municipal or other
governmental authorities applicable to and enforceable against the described property.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions
to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all
and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to
Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's
heirs and successors to warrant and forever defend all and singular the Property to Grantee and
Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to
claim the same or any part thereof, except as to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty.
When the context requires, singular nouns and pronouns include the plural.
General H'n.rnnty Dead Page 1
?. e
005'21207 0 Uo1 Ps
7225 197
Ad valorem taxes for the current year have been prorated as of the date of delivery of this deed, and
the Grantee by his acceptance hereof covenants and agrees to pay all ad valorem taxes upon the
property from and including taxes for the year 2006.
BI . CHENAULT
PATTY T.' HE■AULT
STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before Inc on the / day of March, 2006, by Billy L.
Chenaull and Patty T. Chenault, husband and wife.
�.ai _
NOTARY P , : LIC, Slate of Texas
Notary's na e printed:
My conunission expires:
r IcARY VEIl9M41AHN
] 1 ,,; fiNagPutrw.SUUd
I t 3 klyComnielbgiy9ltH
`c,',1;,,. MAY td, ttaao
Filed for Record int
BRAZOS CIXki7Y
On' Rap 31421106 at 03 :41P
As a
NU LABEL RECOR m
Document Rusher] OW21207
Amount 10.00
Receipt Hustler - 287567
8Y,
sa k1ria Rincon
STATE OF TEXAS is
1 hC PrebY certi m t l that th Al trui R t z vns
neeuasdu111 r5 4 a e a earamp s. me
of the 0Pfictal Public records ot]
BRAZOS MIT
as stamped hherre Is tie.
RECORDING AFTER RECORDING BY: UTC 60903 PREPARED
G RETURN TO: HOELSCHER,LIEY EL'M MI: BE P.C.
1021 University Drive East
li tiliast01040CLERK
WCLIF :IUSERILISA\\VPDOCS \i1TC\2O06 DOCSICHENAULT.BERNA � 6903.WPD
GENERAL WARRANTY DEED
BILLY L. CHENAULT AND PATTY T. CHENAULT, HUSBAND AND WIFE
to JORGE A. BERMUDEZ
General Wnrranry Deed Page 1
8AI & P
University . Ale CompY
P.O. D'avit' DT
COMP Stedt0n. Twee 77841 00956301 oR 7856 164
1 v (,Ytr►
OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER,
SPECIAL WARRANTY DEED
DATE: March 9, 2007
GRANTOR: SMILING MALLARD DEVELOPMENT, LTD., a Texas limited partnership
GRANTOR'S MAILING ADDRESS: 3608 East 29th Street, Suite 100, Bryan, Brazos County, TX 77802
GRANTEE: JORGE A. BERMUDEZ
GRANTEES MAILING ADDRESS: 1506 Andover Court
College Station, Brazos County, Texas 77845
CONSIDERATION:
In consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable
consideration to the undersigned paid by the Grantee herein named, the receipt of which Is hereby
acknowledged.
PROPERTY: See Exhibit "A" attached hereto and incorporated herein by reference.
EXCEPTIONS TO CONVEYANCE AND WARRANTY:
1. Taxes for the year 2007 and all subsequent years and subsequent assessments for prior
years due to changes in ownership or land usage, the payment of which Grantee assumes.
predecessors in title.
2. Restrictive covenants of record in Volume 7819, Page 165 (on plat), Volume 5375, Page 33,
and Volume 5403, Page 91, Official Records, Brazos County, Texas, but deleting any
covenant, conditions or restrictions indicating a preference, limitation or discrimination based
on race, color, religion, sex, handicap, familial status or national origin unless and only to the
extent that the covenant (a) Is exempt under Chapter 42, Section 3607 of the United States
Code or (b) relates to handicap but does not discriminate against handicapped persons.
3. Rights of Parties in Possession.
4. 16' public utility easement on the north side; 10' public utility easement on the northwest,
northeast and west sides; 20' public utility easement (10' on property) on the southeast and
southwest sides; as shown on plat recorded In Volume 7819, Page 165 of the Official
Records of Brazos County, Texas; as set out In restrictions recorded in Volume 5375, Page •
33 of the Official Records of Brazos County, Texas.
Special Warranty Deed Page 1
Doc Bk Vol Pa
00956301 OR 7856 165
5. Maintenance Charges and the Lien securing the payment of the same, as set out In
restrictions recorded In Volume 5375, Page 33 of the Official Records of Brazos County,
Texas.
6. 60' Electrical Easement (partially on property) on the west side from R. C. Dunn to City of
Bryan dated August 25, 1961 recorded in Volume 213, Page 603, Deed Records, Brazos
County, Texas.
7. Mineral Reservation in Deed Thousand Oaks Development Company Joint Venture to
Smiling Mallard Development, Ltd. dated July 26, 2001, recorded InVolume 4247, Page 51,
Official Records, Brazos County, Texas.
8. Surface Waiver and Drilisite Designation from Thousand Oaks Development CompanyJolnt
Venture to The Public, dated: July 26, 2001, recorded Volume 4247, Page 83, Official
Records, Brazos County, Texas; amended and recorded in Volume 5146, Page 125, Official
Records, Brazos County, Texas.
9. Olt and Gas Lease, and all terms, conditions and stipulations therein, lessor, Thousand Oaks
Development CompanyJoin t Venture, and lessee, Ogden Resources Corporation, dated July
26, 2001, recorded in Volume 4268, Page 55, Official Records, Brazos County, Texas; and
amended and recorded in Volume 4492, Page 336, Official Records, Brazos County, Texas.
RESERVATIONS FROM CONVEYANCE:
1. Grantor reserves for Itself and Its successors and assigns, all of the oil, gas, liquid
hydrocarbons, residue gas, the products and by products of the foregoing, sulphur, coal,
lignite, uranium, and all minerals, If any, that are in, on, or under the Property and that may
be produced from It. Grantor, Its successors and assigns, shall have no right of ingress and
egress at any time for the purpose of mining, drilling, exploring, operating, and developing
the Property for oil, gas and other minerals, or for storing, removing, transporting, processing,
or marketing the same therefrom. This reservation and exception shall, however, include the
right of Grantor, its successors and assigns, to grant leases on the Property to develop the
same by directional drilling, pooling, or unitization.
•
2. Grantor reserves for itself and its successors and assigns, (a) all groundwater (the
"Groundwater Estate"), being all underground water, percolating water, artesian water and
other waters from any and all reservoirs, formations, depths and horizons beneath the
surface of the earth in, under or that may be produced from the Property; (b) the right to use
the surface of any easements on the Property (I) created by plat or (11) reserved to Grantor
in the Declaration of Covenants, Conditions, Reservations and Restrictions, for ingress and
egress for the purposes of exploring, investigating, conducting geologic, hydrogeologic and
geophysical surveys and tests, drilling, producing and owning groundwater, constructing
waterworks, transporting water, laying water gathering and transportation pipelines and
electric lines, thereon, therein or thereunder that are necessary and useful for Grantor to find,
produce, sever, save, care for, measure, store and transport the groundwater from and over
said lands; and (c) all rights, titles, interests, claims and permits appurtenant to the
Groundwater Estate and that are necessary and useful for Grantor to find, protect, produce,
sever, save, care for, measure, store, treat and transport the groundwater from and over the
Property.
Special Werraniy Deed Page 2
•
Doc 8k Vol P9
00956301 OR 7856 166
Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and
warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and
appurtenances thereto in any wise belonging, to have and hold It to Grantee, Grantee's heirs, executors,
administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's executors,
administrators, successors and assigns to warrant and forever defend all and singular the Property to Grantee
and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever
lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions
to warranty, when the claim is by, through, or under Grantor but not otherwise.
It is expressly agreed that the Grantor makes no warranty, express or Imptied, as to the condition of
the Property. The Property is conveyed AS ISTM, after inspection of the Property by Grantee. Except as to the
warranty of title, no warranties or representations, express or implied, are made by Grantor as to the condition,
habitability or suitability of the Property or the Improvements.
Grantee, for themselves, their heirs, successors and assigns, hereby appoints Grantor as Grantee's
true and lawful attorney -In -fact, coupled with an interest and irrevocable, for Grantor's use and benefit, to take
the following actions for Grantee and in Grantee's name, place and stead: signature, execution,
acknowledgment, delivery and recordation of any and all instruments which create, modify, amend, change,
enlarge, contract or abandon (l) the Plat or any repiat of all or any portion of the property depicted in the Piet
and (0) any easements and rights -of -way depicted on the Plat or any replat of all or any portion of the property
depicted in the Plat, as the Grantor shall deem necessary, proper and expedient under the conditions as may
then be existing. The rights, powers and authority of Grantor to exercise any and all of the rights and powers
herein granted shall commence and be in full force upon recordation of this Deed in the Brazos County Clerk's
Office and shall remain in full force and effect thereafter until Grantor no longer owns any portion of Indian
Lakes Subdivision, Phase One as described in the Plat.
When the context requires, singular nouns and pronouns Include the plural.
This Special Warranty Deed ( "Deed" herein) has been executed by Grantor on the date of the taking
of its acknowledgement, but the effective date of this Deed shall be deemed to be the e day of March, 2007,
for all purposes and it shall be effective as of that date.
SMILING MALLARD DEVELOPMENT, LTD.
a Texas limited partnership
By: Smiling Mallard Management, LLC
a Texas limited liability company,
its general partner
By: alit d61 ► Ar
Ber ra Durrant, Authorized Representative
GRANTEE AGREES TO AND ACCEPTS THE FOREGOING PROVISIONS OF THIS SPECIAL WARRANTY
DEED AND • POINTS GRANTOR AS OUR ATTORNEY -IN -FACT AS PROVIDED ABOVE:
I
J • . E A. BERMUDEZ
Special Warranty Deed Page 3
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00956301 OR 7656 167
.. Nam 1
THE STATE OF TEXAS § ( _ _
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the b dayof March , 2007, by Barbara Durrant,
Authorized Representative of Smiling Mallard Management, LLC, General Partner of SMILING MALLARD
DEVELOPMENT, LTD., on behalf of the partnership.
hi Note ublic, State of Te
THE STATE OF TEXAS § (ACKNOWLEDGMENT)
COUNTY OF BRAZOS §
This instrument was acknowledged before me on th6 T day of March, 2007, by JORGE A.
BERMUDEZ.
1 ,,��ai ^ JOHN G. WEBB, JR. ' Ilikr
, k /, \\A Nary N„q,c. SIMS 01 70M3 ' Not., ,State of Texas
*�, r OvEhM6Rag,
PREPARED IN THE LAW OFFICE OF: AFTER RECORDING RETURN TO:
The Ellison Firm University Title Company
P. O. Box 10103 1021 University Dr., East
College Station, Texas 77842 College Station, Texas 77840
File No. 04748.026 GF No. 70458
SPECIAL WARRANTY DEED :
SMILING MALLARD DEVELOPMENT, LTD. TO
JORGE A. BERMUDEZ
Special Warranty Deed Page 4
N.* s
Doc Bk Vol Pe
00956301 OR 7856 168
Exhibit A
•
Being ail that certain tract or parcel of land lying and being situated in the J.M. Barrera Survey,
Abstract No. 69 in Brazos County, Texas and being a part of Lot 5 -R, Block 1 of the Replat of
Indian Lakes, Phase 1 as recorded in Volume 7819, Page 165 of the Official Records of Brazos
County, Texas (O.R.B.C.), and being more particularly described as follows:
BEGINNING: at a found 1/2 -inch iron rod marking the common most easterly comer of Lots 5 -R
and 6 -R, Block 1 of the said Replat of Indian Lakes, Phase 1, said corner also marking the west
comer of H.O.A. Lot 16, Block 1 of the Resubdivislon Plat of Indian Lakes, Phase 1 as recorded
In Volume 5978, Page 150 (O,R.B.C,) and being the most easterly corner of thls tract;
THENCE: S 50 °07'22" W along the common line of said Lots 5 -R and 6 -R, Block 1 for a distance
of 382.74 feet to a found 1/2 -Inch Iron rod for corner, said iron rod marking the west corner of said
Lot 6 -R and the south comer of this tract;
THENCE: N 58 °52'24" W through said Lot 5 -R for a distance of 489.17 feet for corner, said corner
being In the east line of a 1.11 acre H.O.A. Common Area as recorded in Volume 5978, Page 150
(O.R.B,C.) and the west line of said Lot 5 -R, Block 1;
THENCE: N 00 °26'28" W along the said common line for a distance of 461.52 feet to a found 1/2-
inch Iron rod for corner,
THENCE: along the northerly lines of said Lot 5 -R for the following five (6) calls:
N 89 °33'32" E for a distance of 240,32 feet to a found 1/2 -inch iron rod for corner,
N 37 °51'24" E for a distance of 305.18 feet to a found 1/2 -Inch iron rod for corner,
N 90 °00'00" E for a distance of 100.00 feet to a found 112 -Inch Iron rod for corner,
S 37 °51'24" W for a distance of 376.03 feet to a found 1/2 -inch iron rod for corner and
S 45 °17'40" E for a distance of 589.78 feat to the POINT OF BEGINNING and containing
7.732 acres of land, more or less.
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