HomeMy WebLinkAboutTitle ReportBrazos County Abstract Company
"More than 125 Years of Title Service"
EFFECTIVE DATE: November 21, 2011 at 8 o'clock a.m.
GF NO. 150452
PROPERTY DESCRIPTION:
Being all that certain 28.557 acre tract or parcel of land lying and being situated in the ROBERT
STEVENSON LEAGUE, Abstract No. 54, College Station, Brazos County, Texas. Said tract
being a portion of a called 202.655 acre tract as described by a Deed to Dos Dorado Development,
LLC, recorded in Volume 9656, page 213, Official Records of Brazos County, Texas.
Said tract being more particularly described by metes and bounds as follows:
COMMENCING at a 1/2 inch iron rod found on the southwest line of a called 75.07 acre tract as
described by a Deed to BCS Development Co., recorded in Volume 6985, page 42, Official
Records of Brazos County, Texas, marking the north corner of said 202.655 acre tract and the east
corner of a called 29.405 acre tract as described by a Deed to the Agnes C. Baker Revocable
Living Trust recorded in Volume 2488, page 64, Official Records of Brazos County, Texas;
THENCE S 48 03'31" E along the common line of said 202.655 acre tract and said 75.07 acre
tract for a distance of 66.38 feet to the POINT OF BEGINNING of this herein described tract;
THENCE S 48 03' 31" E continuing along the common line of said 202.655 acre tract and said
75.07 acre tract, at 575.64 feet pass a 1/2 inch iron rod found marking the west corner of
Castlegate Subdivision, Section 9, according to the plat recorded in Volume 4820, page 94,
Official Records of Brazos County, Texas, continue on along the common line of said 202.655
acre tract and Castlegate Subdivision, Section 9, Castlegate Subdivision, Section 7, Phase 1,
according to the plat recorded in Volume 7814, page 265, Official Records of Brazos County,
Texas and Castlegate Subdivision, Section 7, Phase 2, according to the plat recorded in Volume
8369, page 131, Official Records of Brazos County, Texas, for a total distance of 2194.19 feet, for
reference a 3/8 inch iron rod found on the northeast line of said 202,655 acre tract near the
northwest line of Greens Prairie Road bears: S 48 03'31 " E for a distance of 1891.94 feet;
THENCE through said 202.655 acre tract for the following calls:
S 41 ° 56'29" W for a distance of 151.00 feet;
S 48° 03'31" E for a distance of 910.33 feet to the beginning of a clockwise curve having a radius
of 25.00 feet;
Along said curve through a central angel of 90° 00' 00" for an are distance of 39.27 feet (cliord
bears: 8 03 3 1 E - 35.36 feet) to the end of said curve;
Brazos County Abstract Company
"More than 125 Years of Title Service"
S 41° 56'29" W for a distance of 81.17 feet to the beginning of a clockwise curve having a radius
of 25.00 feet;
Along said curve through a central angle of 90° 00' 00" for an arc distance of 39.27 feet (chord
bears: S 86° 56'29" W - 35.36 feet) to the end of said curve;
S 41 56'29" W for a distance of 50.00 feet to the beginning of a clockwise curve having a radius
of 25.00 feet;
Along said curve through a central angle of 90° 00' 00" for an arc distance of 39.27 feet (chord
bears: S 03° 03'33 E - 35.36 feet) to the end of said curve;
S 41' 56'29" W for a distance of 210.00 feet to the beginning of a clockwise curve having a radius
of 25.00 feet;
Along said curve through a central angle of 90° 00' 00" for an are distance of 39.27 feet (chord
bears: S 86 56'29" W - 35.36 feet) to the end of said curve;
S 41° 56'29" W for a distance of 50.00 feet to the beginning of a clockwise curve having a radius
of 25.00 feet;
Along said curve through a central angle of 90° 00' 00" for an arc distance of 39.27 feet (chord
bears: S 03° 03' 31" E - 35.36 feet) to the end of said curve;
S 41 5629" W for a distance of 105.00 feet;
N 48 03'31" W for a distance of 92 1. 00 feet;
S 41 ° 56' 29" W for a distance of 105.00 feet to the beginning of a clockwise curve having a radius
of 25.00 feet;
Along said curve through a central angle of 90° 00' 00" for an arc distance of 39.27 feet (chord
bears: S 86° 56'29" W - 35.36 feet) to the end of said curve;
N 48° 03' 31" W for a distance of 479.91 feet to the beginning of a clockwise curve having a
radius of 175.00 feet;
Along said curve through a central angle of 45° 00' 00" for an arc distance of 137.44 feet (chord
bears: N 25° 33' 31" W - 133.94 feet) to the end of said curve;
N 03° 03' 31" W for a distance of 31.66 feet to the beginning of a counterclockwise curve having a
radius of 99.24 feet;
Along said curve through a central angle of 42 1 1' 06" for an are distance of 73.07 feet (chord
Brazos County Abstract Company
"More than 125 Years of Title Service"
bears: N 24" 14' 09" W - 71.43 feet) to the end of said curve and the beginning of a clockwise
curve having a radius of 25.00 feet;
Along said curve through a central angle of 93 42' 18" for an are distance of 40.89 feet (chord
bears: N 01' 12' 07" W - 36.48 feet) to the end of said curve and the beginning of a clockwise
curve having a radius of 536.50 feet;
Along said curve through a central angle of 14° 42' 54" for an arc distance of 137.79 feet (chord
bears: N 53° 00'29" E - 137.41 feet) to the end of said curve;
N 60° 2 P 56" E for a distance of 130.44 feet to the beginning of a counterclockwise curve having
a radius of 613.42 feet;
Along said curve through a central angle of 18° 25' 12" for an arc distance of 197.21 feet (chord
bears: N 51° 09' 00" E - 196.36 feet) to the end of said curve;
N 41 ° 56' 29" E for a distance of 144.62 feet;
N 48° 03'3 V W for a distance of 77.00 feet to the beginning of a counterclockwise curve having a
radius of 25.00 feet;
Along said curve through a central angle of 90 00' 00" for an arc distance of 39.27 feet (chord
bears: N 03° 03'31 " W - 35.36 feet) to the end of said curve;
N 41' 56'29" E for a distance of 101.00 feet;
N 48° 03' 31" W for a distance of 912.60 feet to the beginning of a clockwise curve having a
radius of 524.50 feet;
Along said curve through a central angle of 05° 47' 07" for an arc distance of 52.96 feet (chord
bears: N 45° 09'58" W - 52.94 feet) to the end of said curve;
N 42° 16'24" W for a distance of 437.92 feet to the beginning of a counterclockwise curve having
a radius of 625.50 feet;
Along said curve through a central angle of 05° 47' 07" for an arc distance of 63.16 feet (chord
bears: N 45° 09' 58" W - 63.13 feet) to the POINT OF BEGINNING, containing 28.557 acres of
land, more or less. Said property now known as CASTLEGATE II SUBDIVISION, SECTION
200, according to plat recorded in Volume 10392, page 260, Official Records of Brazos County,
Texas,
SAVE AND EXCEPT all those certain lots, tracts or parcels of land lying and being situated in
Brazos county, Texas, and being Lot Two (2), Block Two (2) and Lot Nine (9), Block Four (4),
CASTLEGATE II SUBDIVISION, SECTION 200, according to plat recorded in Volume 10392,
Brazos County Abstract Company
"More than 125 Years of Title Service"
page 260, Official Records of Brazos County, Texas.
TITLE APPEARS TO BE VESTED IN:
DOS DORADO DEVELOPMENT, LLC d/b /a 3 -D DEVELOPMENT
by Special Warranty Deed with Vendor's Lien from Diebel Family Partners, Ltd. dated June 1,
2010, recorded in Volume 9656, page 213 and corrected in Volume 9735, page 105, Official
Records of Brazos County, Texas.
SUBJECT TO:
1. LIENS: Deed of Trust Security Agreement, Financing Statement and Assignment of
Rents dated June 15, 2011, executed by Dos Dorado Development, LLC
dba 3 -D Development to Ivan M. Olson, Trustee, for the benefit of The
Bank & Trust of Bryan/College Station, in the principal amount of
$3,000,000.00, recorded in Volume 10223, page 1, Official Records of
Brazos County, Texas.
Assignment of Rents, Income and Receipts from Dos Dorado Development,
LLC d /b /a 3 -D Development to The Bank & Trust of Bryan/College
Station, dated June 15, 2011, recorded in Volume 10223, page 41, Official
Records of Brazos County, Texas.
2. ABSTRACT OF JUDGMENT/FEDERAL AND /OR STATE LIENS:
NONE OF RECORD
3. EASEMENTS:
Easements as shown of record on plat of Castlegate II Subdivision Section
200, recorded in Volume 10392, page 260, Official Records of Brazos
County, Texas.
Easement from W. 1. McCulloch to The City of Bryan, Texas, dated May
12, 1937, recorded in Volume 98, page 179, Deed Records of Brazos
County, Texas.
Easement from Mrs. Esther McCulloch Dansby to The City of Bryan,
Texas, dated March 16, 1983, recorded in Volume 566, page 489, Deed
Records of Brazos County, Texas.
Brazos County Abstract Company
"More than 125 Years of Title Service"
4. OUTSTANDING MINERALS AND /OR ROYALTIES:
Mineral reservation in Deed from Esther Jane Grant McDougal to Pauline
Grant Diebel, dated September 30, 1993, recorded in Volume 1934, page
157, Official Records of Brazos County, Texas. Title to this reservation has
not been traced subsequent to the date of the above -cited instrument.
Mineral reservation in Deed from Esther Jane Grant McDougal to Diebel
Family Partners, Ltd., dated April 7, 2000, recorded in Volume 4027, page
29, Official Records of Brazos County, Texas. Title to this reservation has
not been traced subsequent to the date of the above -cited instrument.
Mineral reservation in Deed from Diebel Family Partners, Ltd. to Dos
Dorado Development, LLC d/b /a 3 -D Development, dated June 1, 2010,
recorded in Volume 9656, page 213 and corrected in Volume 9735, page
105, Official Records of Brazos County, Texas. Title to this reservation has
not been traced subsequent to the date of the above -cited instillment.
Terms and conditions contained in Waiver of Use of Surface Rights
executed by Pauline Grant Diebel, recorded in Volume 2106, page 99,
Official Records of Brazos County, Texas.
Terms and conditions contained in Waiver of Surface Rights executed by
Diebel Family Partners, Ltd., et al, recorded in Volume 9656, page 203,
Official Records of Brazos County, Texas.
Terms and conditions contained in Waiver of Surface Rights executed by
Diebel Family Partners, Ltd., et al, recorded in Volume 9656, page 208,
Official Records of Brazos County, Texas.
5. OIL & GAS LEASES:
NONE OF RECORD
6. RESTRICTIONS: Restrictive covenants recorded in Volume 10392, page 260 (on plat) and
Volume 10402, page 220, Official Records of Brazos County, Texas
7. TAXES: NO SEARCH MADE
8. MISCELLANEOUS:
Terms, conditions and stipulations contained in the Declaration of
Covenants, Conditions and Restrictions executed by Dos Dorados
Development, L.L.C., dba 3 -D Development, dated November, 2011,
Brazos County Abstract Company
"More than 125 Years of Title Service"
recorded in Volume 10402, page 220, Official Records of Brazos County,
Texas.
Maintenance Charge as set forth in the Declaration of Covenants,
Conditions and Restrictions executed by Dos Dorados Development,
L.L.C., dba 3 -D Development, dated November, 2011, recorded in Volume
10402, page 220, 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
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 BRAZOS COUNTY ABSTRACT
COMPANY. 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
BY:
LISA KEMP