Loading...
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 Dot Bk Vol Ps 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. N 9,1-' 4 i Era M ro $: a - r t T I r1 at ro ' a f — F -n g: g , ;,.. - m q o i : li N i M -'rod i„ 4, po 4 g tpom 'n= ' N n w� � � y a p V N -, _, •r to K R. �t m� w � � °rod$ W • • 2 n Special Warranty Dead a ~ $ i Page 5 1 =,gK Eqa of "g