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GF# 27318A
EXAMINER'S REPORT
RECORD TITLE AT THE EFFECTIVE DATE HEREOF APPEARS TO BE VESTED IN
Saddle Creek Partners and John A. Malley and Jennifer B. Todd
THE LAND REFFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND
LYING AND BEING SITUATED IN THE JAMES C. STUTEVILLE LEAGUE, ABSTRACT NO.
216, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF LOT 149. BLOCK 6, SADDLE
CREEK SUBDIVISION, PHASE 7B, ACCORDING TO THE PLAT RECORDED IN VOLUME
10229, PAGE 235 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, AND
A PORTION OF THE REMAINDER OF A CALLED 359.07 ACRE TRACT AS DESCRIBED BY A
DEED TO JOHN A. MALLEY AND JENNIFER B. TODD RECORDED IN VOLUME 7427, PAGE
210 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A 1 /2 INCH IRON ROD FOUND ON THE NORTHEAST LINE OF SADDLE
CREEK DRIVE (100' R.O.W.) MARKING THE SOUTHWEST CORNER OF SAID LOT 149 AND
THE SOUTHEAST CORNER OF LOT 148, BLOCK 6, SADDLE CREEK SUBDIVISION, PHASE 5,
ACCORDING TO THE PLAT RECORDED IN VOLUME 9311, PAGE 252 OF THE OFFICIAL
PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: N 43° 04' 41" E ALONG THE COMMON LINE OF SAID LOT 149 AND LOT 148 FOR
A DISTANCE OF 367.11 FEET TO A 1/2 INCH IRON ROD FOUND;
THENCE: S 64° 52' 02" E ALONG THE COMMON LINE OF SAID LOT 149 AND SAID
REMAINDER OF 359.07 ACRE TRACT FOR A DISTANCE OF 158.54 FEET TO A 1 /2 INCH IRON
ROD FOUND MARKING AN ANGLE POINT IN THE NORTHEAST LINE OF SAID LOT 149;
THENCE: S 12° 49' 56" W CONTINUING ALONG THE COMMON LINE OF SAID LOT 149 AND
SAID REMAINDER OF 359.07 ACRE TRACT FOR A DISTANCE OF 145.52 FEET TO A 1/2 INCH
IRON ROD FOUND;
3740 Copperfield Drive, Suite 101 • Bryan, Texas 77802
Phone (979) 731 -8400 • FAX (979) 731 -8408
GF# 27318A
THENCE: THROUGH SAID REMAINDER OF 359.07 ACRE TRACT FOR THE FOLLOWING
CALLS:
S 22° 15' 54" E FOR A DISTANCE OF 34.30 FEET;
S 47° 28' 54" E FOR A DISTANCE OF 195.14 FEET;
S 26° 36' 17" W FOR A DISTANCE SADDLE CREEK DRIVE MARKING THE SOUTH
OF THE NORTHEAST LINE OF
CORNER OF THIS HEREIN DESCRIBED TRACT;
THENCE: N 47° 03' 30" W CONTINUING THROUGH SAID REMAINDER OF 359.07 ACRE
TRACT, AT 236.12 FEET PASS THE PLATTED END OF SADDLE CREEK DRIVE, CONTINUE
ON ALONG THE NORTHEAST LINE OF SADDLE CREEK DRIVE, AT 372.04 FEET PASS THE
SOUTH CORNER OF SAID LOT CONTINUE ON
OF ALONG THE
NORTHEAST LINE OF TO THE POINT OF
SADDLE CREEK DRIVE FOR A TOTAL
BEGINNING CONTAINING 3.647 ACRES OF LAND, MORE OF LESS.
•
AGGIELAND TITLE COMPANY Page 2
GF# 27318A
RESTRICTIVE COVENANTS:
Volume 10233, page 187, Official Public Records, Brazos County, Texas
SCHEDULE B EXCEPTIONS
a. Any encroachment, encumbrance, violation, variation, or adverse circumstance
affecting the title that would be disclosed by an accurate and complete land survey of
the land.
b. Easements or claims of easements which are not recorded in the public records of
Brazos County, Texas.
c. Twenty -five foot (25') front building setback; Thirty foot (30') pipeline easement along
the east lot line; Thirty foot (30') private drainage easement runs through the lot from
north to southeast; Ten foot (10') public utility easement along the east lot line; Sixteen
foot (16') public utility easement along the front lot line; Private drainage easement
along the northwest lot line; Five foot (5') easement for anchors and guy wires to help
support overhead utility lines to extend Twenty feet (20') beyond any utility easement,
as shown or noted on plat of Saddle Creek Subdivision Phase 7B recorded in Volume
10229, page 235 of the Official Public Records of Brazos County, Texas.
d. Memorandum of Ground Lease dated June 20, 2006, by and between John A. Malley
and Jennifer B. Todd, as Lessors and Saddle Creek Partners, LTD, as Lessee, recorded
in Volume 7427, page 277 of the Official Public Records of Brazos County, Texas.
e. Easement granted to Wellborn Water Supply Corporation by J. C. Wade as set out in
instrument dated August 17, 1971, recorded in Volume 303, page 385 of the Deed
Records of Brazos County, Texas.
f. Easement granted to Ferguson Burleson County Gas Gathering System by Louise S.
Wade as set out in instrument dated July 6, 1993, recorded in Volume 2047, page 259
of the Official Public Records of Brazos County, Texas.
g. Pipeline right -of -way granted to Aquila Southwest Pipeline Corporation, a Delaware
Corporation from Louise Wade and J.E. Wade as set out in instrument dated October 1,
1992, recorded in Volume 1842, page 337 of the Official Public Records of Brazos
County, Texas.
h. Access Easement granted to Minnie Louise Wade a/k/a Louise S. Wade and Annie
Belle Wade by John A. Malley and Jennifer B. Todd as set out in instrument dated June
30, 2006, recorded in Volume 7427, page 242 of the Official Public Records of Brazos
County, Texas.
AGGIELAND TITLE COMPANY Page 3
GF# 27318A
Temporary Access Easement granted ent dated May 28, 2009, John
re ordedMn alley
Volume
Jennifer B. Todd as set out in instru Y
9136, page 133 of the Official Public Records of Brazos County, Texas.
j, Easement granted to Saddle Creek Homeowners Association and adjoining land owners
by John A. Malley and Jennifer B. Todd dthe in Brazos County,
recorded in Volume 9136, page
Texas.
k. Royalty interest in all of the oil, gas and other minerals in and under the herein
described property assigned to Kenneth M. Robison by Louise Wade, individually and
as Executrix of the Estate of J. C. Wade and as Trustee /Guardian, Eugene Wade,
individually and as Trustee /Guardian, and AnnaBelle Wade, individually in instrument
dated July 7, 1983, recorded in Volume 601, page 417 of the Official Public Records of
Brazos County, Texas. Title to this interest not investigated subsequent to date of said
instrument.
1. Mineral Reservation as set out ie Belle Wade to John ,A oMa ley and Jean Louise Jennifer B. Todd,
Louise S. Wade and Annie
recorded in Volume 7427, page 198, Official Public Records of Brazos County, Texas.
Title to this interest not investigated subsequent to date of said instrument.
m. Estate created by oil, gas and mineral lease granted to Peter Paul Petroleum Company
by Louise Wade, individually and as Executrix of the Estate of J. C. Wade and as
Trustee /Guardian; Eugene Wade, individually and as Trustee /Guardian; and Annabelle
Wade, individually by instrument dated July 1, 1983, recorded in Volume 604, page
437 of the Official Public Records of Brazos County, Texas, and all terms, conditions
and stipulations contained therein. Title to this lease has not been investigated
subsequent to date thereof.
n. Estate created by oil, gas and mineral lease granted to Union Pacific Resources
Company by Louise S. Wade, Annie Belle Wade, Steven Ray Wade, Bradley C. Wade,
Richard Eugene Wade, individually and as trustee for Laura Audnette Wade by
instrument dated July 31, 1990, recorded in Volume 1209, page 244 of the Official
Public Records of Brazos County, Texas, and all terms, conditions and stipulations
contained therein. Title to this lease has not been investigated subsequent to date
thereof. Said lease ratified in instrument dated December 1, 1993, recorded in Volume
1978, page 143 of said Official Public Records.
o. Corrected Memorandum of Oil, Gas and Mineral Lease dated February 16, 2001, by
and between Louise, S. Wade, James Eugene Wade, Annie Belle Wade, Steven Ray
Wade, Bradley C. Wade, Richard Eugene Wade, Laura Audnette Crenshaw and Lometa
Petroleum Corporation, recorded in Volume 4313, page 311 of the Official Public
Records of Brazos County, Texas. Title to this interest not checked subsequent to date
of said instrument. Said lease ratified in instrument dated September 7, 2001, recorded
in Volume 4313, page 314 of said Official Public Records.
p. Rights of parties in possession.
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GF# 27318A
CURATIVE MATTERS
a. Vendor's Lien retained in deed dated June 30, 2006 from Minnie Louise Wade aka
Louise S. Wade and Annie Belle Wade to John A. Malley and Jennifer B. Todd
recorded in Volume 7427, page 198, securing the payment of one note of even date
therewith in the principal sum of $970,000.00, payable to Capital Farm Credit, FLCA,
and additionally secured by Deed of Trust of even date therewith executed by Jennifer
B. Todd and John A. Malley to Ben R. Novosad, Trustee, said deed of trust filed for
record with the County Clerk of Brazos County, Texas on July 5, 2006 and recorded in
Volume 7427, page 233 of the Official Public Records of Brazos County, Texas.
b. Deed of Trust dated June 16, 2011 from Saddle Creek Partners, Ltd, a Texas limited
partnership to Ivan M. Olson, Trustee, securing the payment of one note of even date
therewith in the principal sum of $514,800.00, and any other amounts payable under
the terms thereof, payable to The Bank & Trust of Bryan/College Station, filed for
record with the County Clerk of Brazos County, Texas, on June 17, 2011, recorded in
Volume 10211, page 175 of the Official Public Records of Brazos County, Texas.
c. This report does not cover matters of survey, including, but not limited to
discrepancies, conflicts or shortages in area of boundary lines or any encroachments or
protrusions or any overlapping improvement.
d. Standby fees, taxes and assessments have not been investigated.
This report is prepared and delivered with the express understanding and agreement, evidenced by the
acceptance hereof, that the undersigned is not rendering an opinion as to the title to the land under
investigation herein, and while believing its construction of the records as hereinabove set out to be true
and correct, still will incur no liability beyond the fee paid for this report by reason of such construction,
nor will it be liable for any error or omission of any kind whatsoever. This report is prepared for
informational purposes only, exclusively for the party paying the fee.
EXA INE' S SIGNATU'
Preparation Date: October 4, 2011
Effective Date: September 26, 2011
Effective Time: 07:00 a.m.
AGGIELAND TITLE COMPANY Page 5