HomeMy WebLinkAboutTitle Insurance -
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COMMITMENT FOR TITLE INSURANCE ` r
SCHEDULE A ;01 % / ' •
Effective Date: October 7, 2008 GF. No. 9001281A -1
Commitment No.: Not Applicable issued: November 11, 2008
(if applicabie)
1. The policy or policies to be issued are:
(a) OWNER'S POLICY OF TITLE INSURANCE (Form T -1)
(Not applicable for improved one-to -four family residential real estate)
Policy Amount: flaNWINIIM
PROPOSED INSURED: WAL -MART REAL ESTATE BUSINESS TRUST, a
Delaware statutory trustWAL -MART REAL ESTATE
BUSINESS TRUST, a Delaware statutory trust
(b) TEXAS RESIDENTIAL. OWNER POLICY OF TITLE INSURANCE -
ONE -TO -FOUR FAMILY RESIDENCES (Form T -1 R)
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Policy Amount:
PROPOSED INSURED:
(c) LOAN POLICY OF TITLE INSURANCE (Form T -2)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
(d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE
(Form T -2R)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
(e) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-
13)
Binder Amount:
PROPOSED INSURED:
Proposed Borrower:
(f) OTHER
Policy Amount:
PROPOSED INSURED:
2. The interest in the land covered by this Commitment is:
Fee Simple - As to Tracts 1, 2, 3 and 4 (Described as one parcel on Exhibit "B ")
Easement Estate - As to Tracts 5, 6 and 7
3. Record title to the land on the Effective Date appears to be vested in:
TRACT ONE: ABS TX INVESTOR, LP
TRACT TWO AND TRACT THREE: WAL -MART STORES, INC.
TRACT FOUR: FREEDOM HILL LIMITED PARTNERSHIP
4. Legal description of the land:
Lawyers Title Insurance Corporation
Form T -7: Commitment for Title insurance_08 Schedule A, Page 1
Continuation of Schedule A Order No. 2019001281A 1
Exhibit A ,
TRACT ONE:
Being Lot Four A (4A), Block Fifteen (15), SOUTHWOOD PLAZA, PHASE TWO, an addition to the City of
College Station, Brazos County, Texas, according to the Revised Plat of Lot 4, Block 15, Southwood
Plaza, Phase Two, recorded in Volume 1203, Page 143, Official Records of Brazos County, Texas.
TRACT TWO:
Being Lot Four D (4D) and Lot Four E (4E), Block Fifteen (15), SOUTHWOOD PLAZA , PHASE TWO, an
addition to the City of College Station, Brazos County, Texas, according to the Revised Plat of Lot 4, Block
15, Southwood Plaza, Phase Two, recorded in Volume 1203, Page 143, Official Records of Brazos
County, Texas.
TRACT THREE:
Being Lot Four J (4J) and Lot Four K (4K) Block Fifteen (15), SOUTHWOOD PLAZA SUBDIVISION,
PHASE II, an addition to the City of College Station, Brazos County, Texas, according to the Revised Plat
of Lot 46, Block 15, Southwood Plaza, Phase Two, recorded in Volume 2153, Page 93, Official Records of
Brazos County, Texas.
TRACT FOUR:
Lot Three (3), Block Fifteen (15), SOUTHWOOD PLAZA, PHASE ONE, a subdivision in the City of
College Station, Texas, Brazos County, Texas, according to the Correction Plat recorded in Volume 1046,
Page 591, both of the Official Records of Brazos County, Texas.
TRACT FIVE:
Together with non- exclusive easement for ingress & egress pursuant to that Agreement of Easements
with Covenants and Restrictions Affecting Land ( "ECR ") between Wal -Mart Properties, Inc and Southwood
Valley, Inc, dated June 26, 1987, recorded in Volume 981, Page 204; amended in instruments recorded in
Volume 1204, Pages 471 and 485, all of the Official Records of Brazos County, Texas. As affected by
Second Amendment to Easements with Covenants and Restrictions Affecting Land, dated
recorded under Clerk's File Number Official Records of Brazos County, Texas and as affected by
Agreement Regarding Release of Second Amendment to ECR dated July 7, 2008, recorded under Clerk's
File Number , Official Records of Brazos County, Texas.
TRACT SIX:
Together with non - exclusive easement for ingress & egress pursuant to that Dedication of Private Access
Easement dated December 7, 1987, recorded In Volume 1015, Page 717 and corrected in instrument
recorded in Volume 1016, Page 441; amended in instrument recorded in Volume 1027, Page 197, Official
Records of Brazos County, Texas and shown on plat recorded in Volume 1006, Page 603, Official
Records of Brazos County, Texas.
TRACT SEVEN:
Together with non - exclusive easement for ingress & egress pursuant to that Mutual Ingress and Egress
Lawyers Title Insurance Corporation
Schedule A, Page 3
Form T -7: Commitment for Title Insurance OB
' I 1
Continuation of Schedule A Order No. 2019001281A -1
Agreement by and between Southwood Valley, Inc. and Circle K Convenience Stores, Inc. dated June 15,
1987, recorded in Volume 1027, Page 200, Official Records of Brazos County, Texas.
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Lawyers Title Insurance Corporation Schedule A, Page 4
Form T -7: Commitment for Title Insurance 08
Legal Description FN No. 08 -0012h
Brazos Comity, Texas D &A Job No. 001 -402
EXIIBIT °B"
DESCRIPTION OF A. TRACT OF LAND CONTAINING
23.2376 ACRES (1,012,230 SQUARE FEET) SITUATED IN
THE CRAWFORD BARNETT LEAUGE, IN BRAZOS
COUNTY, TEXAS, BEING ALL OF LOT 3, BLOCK 15, OF
THE CORRECTION PLAT OF SOUTHWOOD PLAZA
- PHASE ONE, RECORDED IN VOLUME 1046, PAGE 591,
OF '11UL DEED & MAP RECORDS OF BRAZOS COUNTY,
TEXAS, (D.M.R.B.C.T.), AND BEING ALL OF LOT 4K AND
LOT 4J OF THE REPLAT OF LOT 4B, BLOCK 15, PHASE
II OF SOUTHWOOD PLAZA SUBDIVISION, RECORDED
IN VOLUME 2153, PAGE 93, (D.M.R.B.C.T.), ALSO BEING
ALL OF LOT 4A, LOT 4D, AND LOT 4E OF THE REVISED
PLAT OF LOT 4, BLOCK 15, OF SOUTHWOOD PLAZA
PHASE TWO, RECORDED IN VOLUME 1203, PAGE 143,
(D.M.R.B.C.T.), SAID 23.2376 ACRE TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE
• BASED ON THE TEXAS STATE PLANE COORDINATE
SYSTEM, GRID NORTH, CENTRAL ZONE (4203), ALL
DISTANCES WERE ADJUSTED TO SURFACE USING A
COMBINED SCALE FACTOR 01? 1.000107026389):
BEGINNING at a 1/2 -inch iron rod found inside a 2 -inch pipe at the northeast •
comer of said Lot 3, and being the northwest comer of Lot 1 of Southwood Plaza,
Phase One, Block 15, recorded in Volume 980, Page 631, (D.M.R.B.C.T.), also
being in the southeast right-of-way line of Texas Avenue, (R.o.w. varies), said
point also being the end of the south Right-of-Way transition between Harvey
Mitchell Parkway South (a.k.a. F.M. 2818), (R.o.w. varies) and said Texas
Avenue, for the northeast comer and POINT OF BEGINNING hereof; from
which a 1/2 -inch iron rod found at an angle point in the south Right -of -Way line
of said Harvey Mitchell Parkway, and being an angle point in the north line of
said Lot 1, bears S62 °41'48 "E, a distance of 23.72 feet;
THENCE, leaving the south Right -of -Way line of said Texas Avenue, with the
common line between said Lot 1 and Lot 3, 839 °32'47"W, a distance of 47.56
feet to a 1/2 inch iron rod with "Doucet" cap set for a point of curvature hereof,
THENCE, continuing with the common line between said Lot.1 and Lot 3, along
a curve to the lefi, whose radius is 32.00 feet, whose delta is 32 °50' 16 ", whose
arc length is 18.34 feet, and whose chord bears S23 °07'39 "W, a distance of 18.09
feet to a 1/2 inch iron rod "Douce f' cap set for apoint of tangency hereof;
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T H t+',NCE, continuing along the common line of said Lot 1 and Lot 3, and in part
with the west line of Lot 2 of said Southwood Plaza, Phase One, S06 °42'47 "W, a
distance of 146.57 feet to a 1/2-inch iron rod with "Doucet" cap set for a point of
curvature hereof, said point also being a point of curvature in said Lot 2 and said
Lot 3;
THENCE, along the common line of said Lot 3 and said Lot 2, along a curve to
the right, whose radius is 113.00 feet, whose delta is 40 °47'34 ", whose arc length
is 80.45 feet, and whose chord bears, 827 °06'34 "W, a distance of 78.76 feet to a
112 -inch iron. rod with "Doucet" cap set for an angle point hereof;
THENCE, continuing along the common tine of said Lot 3 and Lot 2, and in part
with the west line of Lot 2R-2 of The Replat of Lot 2, Southwood Plaza Phase
One, No Recording Info on Plat From Brazos County Clerk, (D.M.RB.C.T.),
S02 °01'09 "E, a distance of 314.80 feet to a 318 -inch iron found for the southeast
comer hereof, and being a point in the north Right -of -Way line of Brothers
Boulevard (R.o.w. varies), and being the southwest corner of said Lot 2R -2 and
the southeast corner of said Lot 3;
THENCE, along the north Right-of-Way line of said Brothers Boulevard, and
along the south line of said Lot 3, 875 °07'16 "W, a distance of 15.45 feet to a 2-
inch pipe found for a point of curvature hereof,
THENCE, continuing along the common line of said Brothers Boulevard, • and
said Lot 3, along a curve to the left, whose radius is 292.70 feet, whose delta is
28 °33'31 ", whose arc length is 145.89 feet, and whose chord - bears,
S60 °50'10 "W, a distance of 144.39 feet to a 1/2 -inch iron rod with "Doucet" cap
set for a point of tangency hereof,
THENCE, continuing along the common line of said Brothers Boulevard, and
said Lot 3, and in part with the south line of said Lot 4K, S46 °30'26 "W, passing
at a distance of 97.86 feet a 2-inch iron pipe found for the common easterly corner
of said Lot 3 and Lot 4K, continuing for a total distance of 196.14 feet to a Mag
nail with "Doucet" washer set for a point of curvature hereof, and being a point of
curvature of said Lot 4K, also being a point of curvature of said Brothers
Boulevard;
TJiENCE, along the common line of said Brothers Boulevard, and said Lot 4K,
and in part with the south line of said Lot 43, along a curve to the left, whose
radius is 494.65 feet, whose delta is 19 °54'01 ", whose arc length is 171.80 feet,
and whose chord bears, S36 °35'43 "W, a distance of 170.94 feet to a 1/2-inch iron
rod found for a point of tangency hereof; and being a point of tangency in said Lot
43 and being a point of tangency in said Brothers Boulevard;
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THENCE, continuing along the common line of said Brothers Boulevard, and
said Lot 41, S26 °33'38 "W, a distance of 133.01 feet to a 1/2 -inch iron rod found
for a point of curvature hereof;
TH'INCE, continuing along the common line of said Brothers Boulevard, and
said Lot 41, along a curve to the right, whose radius is 25.00 feet, whose delta is
92 °59'24 ", whose arc length is 40.57 feet, and whose chord bears, 872 °56' 15 "W,
a distance of 36.27 feet to a 1/2 -inch iron rod found for a point of compound
curvature hereof and being a point in the north Right-of-Way line of Longmire
Drive, (R.o.w. varies), and being a point of compound curvature in said Lot 41;
'THENCE, continiing along the common line of said Longmire Drive, and said
Lot 41, and in part with the west line of said Lot 4A, along a curve to the right,
whose radius is 1565.00 feet, whose delta is 17 °11'24 ", whose arc length is
469.54 feet, and whose chord bears, N52 °42'33 "W, a distance of 467.78 feet to
an "X" cut in concrete found for an exterior ell corner hereof, and being an
exterior ell corner of said Lot 4A, also being the southeast corner of Lot 411,
Block 15, of The Final Plat of Condominium of Southwood Plaza Phase II,
recorded in Volume 2432, Page 243, (D.M.R.B.C.T.);
THENCE, along the common line of said Lot 4A and Lot 411, the following five •
(5) courses and distances:
1. N50 °12'33 "E, a•distance of 75.13 feet to an "X" cut in concrete found for
an interior ell corner hereof;
2. N29 °30'25 "W, a distance of 104.65 feet to a 1/2 -ineh iron rod with
"Dancer' cap set for an. exterior ell corner hereof;
3. N60 °29'35 "E, a distance of 21.82 feet to a "V" cut in wall found for an
interior ell corner hereof;
4. N29 °30'25 "W, a distance of 194.00 feet to an "X" cut in concrete found
for an interior ell corner hereof;
5. 860 a distance of 144.58 feet to an `X" cut in concrete found
for an exterior ell comer hereof, and being a point in the east Right-of- •
Way line of said Longmire Drive, and being an exterior ell corner of said
Lot 4A, and being the southwest comer of said Lot 411, from which a 1/2-
inch iron rod found in east Right-of-Way line of said Longmire Drive, and
being a point in the west line of said Lot . 411, bears,. S33 °53'18 "E, a
distance of 38.14 feet;
THENCE, along the common line of said Longmire Drive, and said Lot
N33 °53'18 "W, a distance of 156.54 feet to a 1/2 -inch iron rod found a point of
curvature hereof;
THENCE, continuing along the common line of said Longmire Drive, and said
Lot 4A, along a curve to the left, whose radius is 1146.12 feet, whose delta is
7 ", whose arc length is 151.06 feet, and whose chord bears, N37 °39'51 "W, f J
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a distance of 150.95 feet to a Mag nail. with "Doucet" washer set for the southwest
comer hereof, and being the southeast comer of Lot 5, Block 15, of Southwood
Plaza Phase Two, recorded in Volume 1006, Page 603, ofthe Official Records of
Brazos County, Texas, (O.R.B.C.T.), also being the southwest corner of said Lot
4A;
THENCE, leaving the east Right-of-Way line of-said Longmire Drive, along the
common line of said Lot 5 and Lot 4A, N45 °52'37 "E, a distance of 176.15 feet to
a Mag nail with "Doucet" washer set for an interior ell comer hereof;
THENCE, continuing along the common line of said Lot 5 and Lot 4A,
N44 °13'04 "W, a distance of 30.00 feet to an "X" cut set in concrete for an
exterior ell comer hereof, and being the southeast comer of said Lot 4G, and
being in the north line of said Lot 5, also being an exterior ell corner of said Lot
4A;
• T1T;NCE, along the common line of said Lot 4A and Lot 4G, the following four
(4) courses and distances:
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1. Along a curve to the right, whose radius is 317.61 feet, whose delta is
20 °56'42 ", whose arc length is 116.10 feet, and whose chord bears,
N56 °18'50 "E, a distance of 115.46 feet to a concrete nail found for a point
of tangency hereof;
2. N66 °51'26"E, a distance of 110.73 feet to an "X" cut found for an interior
ell corner hereof;
3. N23 °16'11 "W, a distance of 49.80 feet to a concrete nail found for an
angle point hereof;
4. N44 °01'41 "W, a distance of 159.89 feet to a 1/2 -inch iron rod found for
an exterior ell corner hereof, and. being a point in the south Right-of-Way
line of said Harvey Michell Parkway South, also being the most northerly
comer of said Lot 4G, and being the northwesterly corner of said Lot 4A,
from which a TxDOT Type 1 Concrete Monument found for an angle
point in the• south Right -of -Way line of said Harvey Mitchell Parkway
South, and being an. angle point of said Lot 4G, bears, S62 °50'44 "W, a
distance of 82.34 feet;
THENCE, along the common line of said Lot 4A and said Harvey Mitchell
Parkway South, N62 °50'44 "B, a distance of 268.42 feet to a TxDOT Type 1
Concrete Monument found for an angle point hereof
THENCE, continuing along the common line of said Lot 4A and said Harvey
Mitchell Parkway South, N88 °55'04 "E, a distance of 12.38 feet to a 1/2 -inch iron
rod found for an exterior ell comer hereof, and being the northwest corner of Lot
4P of said Revised Plat of Southwood Plaza Phase II, also being the northeasterly
corner of said Lot 4A;
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TH H;NCE, leaving the south Right -of -Way line of said Harvey Mitchell Parkway
South, along the common line of said Lot 4A and Lot 4F, S02 °01'50 "E, a
• distance of 175.06 feet to a 1/2 -inch iron rod found for an angle point hereof;
THENCE, continuing along the common line of said Lot 4A and Lot 4F,
823 °08'34 "E, a distance of 50.00 feet to a Mag nail with "Doncet" washer set for
an interior ell corner hereof;
THENCE, continuing along the common line of said Lot 4A and Lot 4F,
N66 °51'26 "E, a distance of 20.63 feet to a Cotton Spindle found for a point of
curvature hereof,
THENCE, continuing along the common line of said Lot 4A and Lot 4F, and in
part with the north line of said Lot 4E, along a curve to the right, whose radius is
520.65 feet, whose delta is 21°07'33", whose are length is 191.97 feet, and whose
chord bears, N77 °26'08 "E, a distance of 190.89 feet to a Mag nail with "Doucet"
washer set for 'an interior ell corner hereof, and being the northeast comer of said
Lot 4E, also being a point in the west line of said Lot 3, also being the southeast
corner of said Lot 4F;
THENCE, along the common line of said Lot 3 and Lot 4F, NO2 °01'09 "W, a
• distance of 175.65 feet to a 2-inch iron pipe found for an exterior ell corner •
hereof, also being the northwesterly corner of said Lot 3, and being a point in the
south Right -of -Way line of said Harvey Mitchell Parkway South, also being the
northeast corner of said Lot 4F;
THENCE, along the south Right -of -Way line of said Harvey Mitchell Parkway
South, and the north line of said Lot 3, N88 °55'04 "E, a distance of 118.76 feet to
a TxDOT Type 1 Concrete Monument found for an angle point hereof;
THENCE, continuing along the south Right-of-Way line of said Harvey Mitchell
Parkway South, and the north line of said Lot 3, S65 ° 17'17 "L, a distance of
313.54 feet to 518 inch iron rod found for an angle point hereof,
THENCE, continuing along the south Right -of -Way line of said Harvey
Mitchell Parkway South, and the north line of said Lot 3, S62 °41'48 "E a
distance of 285.96 feet to the POINT OP BEGINNING and containing
23.2376 acres (1,012,230 sq. ft.) of land., more or less.
I oF
y . , T .
Jason Ward, R.P.L.S. �PtiG' t
Date , c-h
Texas Registration No. 5 811 � ....... ��':
Doucet & Associates Inc., JASlV 1NARb
7401 B Hwy. 71 West, Suite 160 r <� 9 5811 -�
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• Austin, Texas 78735 + 'L�• ass +�
.� SUR�
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Order No.: 2019001281A -1
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs,
attorneys' fees, and expenses resulting from:
1. The following restrictive covenants of record itemized below (We must either insert specific
recording data or delete this exception):
PLAT: Volume 1203, Page 143; Volume 2153, Page 93; Correction Plat in Volume 1046,
Page 591, Official Records of Brazos County, Texas.
RESTRICTIONS: Volume 375, Page 309, Deed Records of Brazos County, Texas; Volume
981, Page 204; Volume 1204, Page 485; Volume 1027, Page 195; Volume 1204, Page 362,
and Volume 1204, Page 471, All Official Records of Brazos County, Texas.
NOTE: TO THE EXTENT THAT THESE RESTRICTIONS VIOLATE 42 USC 3604 (C) BY
INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE,
COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN, SUCH
RESTRICTIONS ARE HEREBY OMITTED.
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2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or
protrusions, or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured.
(Applies to the Owner Policy only).
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public,
corporations, governments or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and
streams, lakes, bays, gulfs or oceans, or
b. to lands beyond the line of harbor or bulkhead lines as established or changed by any
government, or
c. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the rights
of access to that area or easement along and across that area.
(Applies to the Owner Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for the year 2008, and subsequent
years; and subsequent taxes and assessments by any taxing authority for prior years due to
change in land usage or ownership, but not those taxes or assessments for prior years because
of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax
Code, or because of improvements not assessed for a previous tax year. (If Texas Short Form
Residential Mortgagee Policy (T -2R) is issued, that policy will substitute "which become due and
payable subsequent to Date of Policy" in lieu of "for the year 2008, and subsequent years. ")
6. The terms and conditions of the documents creating your interest in the land.
7_ Materials furnished or labor performed in connection with planned construction before signing and
delivering the lien document described in Schedule A, if the land is part of the homestead of the
Lawyers Title Insurance Corporation
Form T -7: Commitment for Title Insurance 08 Schedule B, Page 5
Continuation of Schedule B Order No. 2019001281A -1
owner. (Applies to the Mortgagee Title Policy Binder on Interim Construction Loan only, and may
be deleted if satisfactory evidence is furnished to us before a binder is issued.)
8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured
mortgage. (Applies to Mortgagee Policy (T -2) only.)
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form
Residential Mortgagee Policy (T -2R). (Applies to Texas Short Form Residential Mortgagee Policy
(T -2R) only. Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short
Form Residential Mortgagee Policy (T -2R).
10. The following matters and all terms of the documents creating or offering evidence of the matters
(We must insert matters or delete this exception.):
• a. Building lines per City Ordinance; 5' easement on each side of all lot lines where •
underground street light service is installed; 5' easement along each side of
electric pole guy wires as installed; 10', 15', 20', 35', and 40' Utility Easements,
and Drainage and Utility Easements, as shown and noted on plat recorded in
Volume 1203, Page 143, of the Official Records; Deed Records, all of Brazos
County, Texas. (TRACTS ONE, TWO AND THREE)
b. Building lines, and any and all easements and covenants as set out in the Plat
recorded in Volume 2153, Page 93, of the Official Records of Brazos County,
Texas. (TRACT THREE)
c. Building lines, and any and all easements as set out in restrictions recorded in
Volume 375, Page 309, Deed Records of Brazos County, Texas and as shown and
noted on a survey made by Jason Ward, R.P.L.S. No. 5811, dated November 26,
2007, updated November 10, 2008. (TRACTS ONE, TWO, THREE AND FOUR)
d. Agreement of Easements with Covenants and Restrictions Affecting Land
( "ECR ") between Wal -Mart Properties, Inc and Southwood Valley, Inc, dated June
26, 1987, recorded in Volume 981, Page 204; amended in instruments recorded in
Volume 1204, Pages 471 and 485, all of the Official Records of Brazos County,
Texas, and as shown and noted on a survey made by Jason Ward, R.P.L.S. No.
5811, dated November 26, 2007, updated November 10, 2008. As affected by
Second Amendment to Easements with Covenants and Restrictions Affecting
Land, dated recorded under Clerk's File Number , Official Records
of Brazos County, Texas and as affected by Agreement Regarding Release of
Second Amendment to ECR dated July 7, 2008, recorded under Clerk's File
Number , Official Records of Brazos County, Texas. (TRACTS
ONE, TWO, THREE AND FOUR)
e. Intentionally deleted.
f. Easement executed by P.G. Longmire and wife, Ruth G. Longmire to Lone Star
Gas Company, dated December 19, 1950, recorded in Volume 148, Page 429,
Deed Records; Amended in instrument dated June 10,1975, recorded in Volume
75, Page 717, Release Records, all of Brazos County, Texas, and as shown on the
Revised Plat recorded in Volume 1203, Page 143, Official Records of Brazos
County, Texas, and as shown on a survey made by Jason Ward, R.P..L.S. No.
5811, dated November 26, 2007, updated November 10, 2008. (AS TO TRACTS
ONE, TWO, THREE AND FIVE, however, TRACT FIVE is not a subject of the
referenced survey)
g. Easement executed by Southwood Valley, Inc. to City of College Station, dated
January 12, 1988, recorded in Volume 1023, Page 415, Official Records of Brazos
County, Texas, and as shown on a survey made by Jason Ward, "R.P.L.S. No.
Lawyers Title Insurance Corporation
Form T -7: Commitment for Title lnsurance_08 Schedule B, Page 6
Continuation of Schedule B Order No. 2019001281A-1
5811, dated November 26, 2007, updated November 10, 2008. (TRACT ONE)
h. Mutual Ingress and Egress Agreement by and between Southwood Valley, Inc.
and Circle K Convenience Stores, Inc. dated June 15, 1987, recorded in Volume
1027, Page.200, Official Records of Brazos County, Texas, and as shown on a
survey made by Jason Ward, R.P.L.S. No. 5811, dated November 26, 2007,
updated November 10, 2008. (TRACT ONE)
i. Declaration of Restrictions and Grant of Easements by and between Southwood
Valley, Inc. and Albertson's, Inc. dated August 19, 1990, recorded in Volume 1204,
Page 362; amended in instrument recorded in Volume 3055, Page 198; amended
in instrument recorded in Volume 3055, Page 206, Official Records of Brazos
County, Texas, and as noted on a survey made by Jason Ward, R.P.L.S. No. 5811,
dated November 26, 2007, updated November 10, 2008. (TRACTS ONE AND TWO)
j. Common Area Maintenance Agreement by and between Southwood Valley, Inc.
and Albertson's, Inc., dated August 14, 1990, recorded in Volume 1204, Page 401,
Official Records of Brazos County, Texas, and as noted on a survey made by
Jason Ward, R.P.L.S. No. 5811, dated November 26, 2007, updated November 10,
2008. (TRACT ONE AND LOT 4D OF TRACT TWO)
k. Intentionally deleted.
1. Easements executed by Albertson's, Inc. to City of College Station, dated
December 19, 1991, recorded in Volume 1403, Pages 133 and 138, Official
Records of Brazos County, Texas, and as shown on a survey made by Jason
Ward, R.P.L.S. No. 5811, dated November 26, 2007, updated November 10, 2008.
(TRACT ONE ONLY)
m. Intentionally deleted.
n. Intentionally deleted.
o. Easement executed by Wal -Mart Stores, Inc. to the City of College Station, Texas,
dated January 18, 1995, recorded in Volume 2281, Page 27, Official Records of
Brazos County, Texas, and as noted on a survey made by Jason Ward, R.P.L.S.
No. 5811, dated November 26, 2007, updated November 10, 2008.(BLANKET)
(TRACT TWO)
p. Survey dated November 26, 2007, updated November 10, 2008, prepared by
Doucet and Associates, Inc., Jason Ward, R.P.L.S. No. 5811, shows the following
matters, the existence of which are not insured against Toss by this policy:
(TRACTS ONE, TWO AND THREE)
1. Power poles, Tight poles, and overhead electric lines.
2. Concrete driveways, parking spaces, and curbs encroach into various Utility,
Gas and Drainage easements.
3. Intentionally deleted.
4. Protrusion of building from Tract One into Tract Two (Lot 4D).
q. "Mineral -Deed executed by Southwood Valley, Inc. to W. D. Fitch, Trustee, dated
May 5, 1978, recorded in Volume 396, Page 613, Deed Records of Brazos County,
Texas; Waiver of Surface Rights executed by W. D. Fitch, Trustee, dated May 5,
1987, recorded in Volume 971, Page 589, Official Records of Brazos County,
Texas. (TRACTS ONE, TWO AND THREE) {
Lawyers Title insurance Corporation
Form T-7: Commitment for Title insurance_06 Schedule B, Page 7
Continuation of Schedule B Order No. 2019001281A -1
r. "Royalty reservation contained in Deed executed by P. G. Longmire, et ux to Roy
William Kelly, et ux, dated May 25,1961, recorded in Volume 211, Page 615, Deed
Records of Brazos County, Texas. (ALL TRACTS)
*Title to said interest has not been investigated subsequent to the date of the
aforementioned instrument.
s. Intentionally deleted.
t. Intentionally deleted.
u. Building lines per City Ordinance; 5' easement on each side of all electrical pole
guys as installed; 40' Utility Easement along the northerly lot line; variable width
easement bisecting the Iot running from east -to -west; 20' Utility Easement along
a portion of the west lot line; Irregular Utility Easement along the southerly
portion of the lot, and any and all easements as reserved on Correction Plat
recorded in Volume 1046, page 591, both of-the Official Records of Brazos
County, Texas, and as shown and noted on a survey made by Jason Ward,
R.P.L.S. No. 5811, dated November 26, 2007, updated November 10, 2008.
• (TRACT FOUR)
v. Intentionally Deleted.
w. intentionally deleted.
x. Intentionally Deleted.
y. Survey dated November 26, 2007, updated November 10, 2008, prepared by
Doucet and Associates, Inc., Jason Ward, R.P.L.S. No. 5811, shows the following
matters, the existence of which are not insured against loss by this policy:
(TRACT FOUR)
1. Power poles, light poles, and overhead electric lines.
2. Concrete driveways, parking spaces, and curbs encroach into various Utility,
Gas and Drainage easements.
3. Intentionally deleted.
4. Encroachment of the building and a concrete ramp along the southerly part of the lot. p into the irregular Utility
5. Encroachment of a concrete retaining wall into the Utility Easement near the
southwesterly corner of the lot.
z. Intentionally deleted.
aa. Mineral Deed executed by Southwood Valley, Inc. to W.13. Fitch, Trustee, dated
May 5, 1978, recorded in Volume 396, Page 423,Deed Records of Brazos County,
Texas. (TRACTS TWO, THREE AND FOUR)
bb. Affidavit of Non - Production executed by W. D. Fitch, dated May 15, 1987,
recorded in Volume 971, Page 588, Official Records of Brazos County, Texas.
(TRACTS TWO, THREE AND FOUR)
cc. Waiver and Release of Surface Rights executed by W. D. Fitch, Trustee to
Southwood Valley, Inc., dated May 15, 1987,recorded in Volume 971, Page 589,
Lawyers Title Insurance Corporation
Form T -7: Commitment for Title lnsurance_O8 Schedule B, Page 8
Continuation of Schedule B Order No. 2019001281A -1
Official Records of Brazos County, Texas. (TRACTS TWO, THREE AND FOUR)
dd. IntentionaIly deleted. •
*Title to said interest has not been investigated subsequent to the date of the
aforementioned instrument.
ee. Intentionally deleted.
ff. Intentionally deleted.
gg. Notwithstanding Item #1, as to Plans for Architectual Review in Volume 375, Page
309, Real Property Records, Brazos County, Texas. (TRACT ONE)
Company insures the Insured against loss, if any, sustained by the insured under
the terms of this Policy by reason of a final, non - appealable judgment of a court of
competent jurisdiction that divests the Insured of its interest as Insured because of
this right, claim, or interest. Company agrees to provide defense to the Insured in
accordance with the terms of this Policy if suit is brought against the Insured to
divest the Insured of its interests as Insured because of this right, claim, or
interest.
hh. Easement executed by P.G. Longmire and wife, Ruth G. Longmire to Lone Star
Gas Company, dated December 19, 1950, recorded in Volume 148, Page 429,
Deed Records; Amended in instrument dated June 10,1975, recorded in Volume
75, Page 717, Release Records, all of Brazos County, Texas, and as shown on
Correction Plat recorded in Volume 1046, Page 591, Official Records of Brazos
County, Texas, and as shown on a survey made by Jason Ward, R.P.L.S. No.
5811, dated November 26, 2007, updated November 10, 2008. (TRACT FOUR)
•
•
Lawyers Title Insurance Corporation
Form T-7: Commitment for Title Insurance 08 Schedule B, page 9
1 t �
Continuation of Schedule A Order No. 2019001281A -1 E `
See Exhibit A Attached
•
. I
1
•
Lawyers Title insurance Corporation
Schedule A, Page 2
Form T -7: Commitment for 'Title Insurance_08