HomeMy WebLinkAboutTitle InsurancePremium: _ 1200
SCHEDULE A
Name and Address of Title Insurance Company: SSteewa T�Q Company
Houston, TX 77252 -2029
File No.: 145203A Policy No.: 0- 5941 -01045
Issued With: M -5942 -06245
Address for Reference Only: Sebesta Road
College Station, TX, 77Ftd� .. 8 .5
POLICY AMOUNT:
POLICY DATE: October 21, 2008 at 04 :09 PM
1. NAME OF INSURED:
EMERALD RIDGE ESTATES, LTD.
2. WE INSURE YOUR INTEREST IN THE LAND COVERED BY THIS POLICY IS:
FEE SIMPLE
3, TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
EMERALD RIDGE ESTATES, LTD.
4. LEGAL DESCRIPTION OF THE LAND:
Field notes of a 26.12 acre tract or parcel of land, Tying and being situated in the MORGAN RECTOR
SURVEY, ABSTRACT N). 46, College Station, Brazos County, Texas, and being the remainder of a
45.224 acre tract described in the deed from Jett - Schultz Joint Venture to Leroy S. Fletcher and wife,
Nancy M. Fletcher recorded in Volume 1208, Page 782, of the Official Records of Brazos County, Texas,
and all of the "Wolters to Fletcher" tract (Exhibit A) described in the Exchange Deed between Leroy S.
Fletcher and wife, Nancy M. Fletcher and Freddie A. Wolters and wife, Mary Wolters, recorded in Volume
4212, Page 230, of the Official Records of Brazos County, Texas, and said 26.12 acre tract being more
particularly described as follows:
BEGINNING at a %" iron rod found at a crosstie fence comer marking the common comer between the
beforementioned 45.224 acre tract and Lot 18 (2.48 acres), Sandstone Addition according to the plat
recorded in Volume 389, Page 179, of the Deed Records of Brazos - County Texas, said */ "iron rod found
also tying in the southeast line of a 30' wide strip -1.866 acres described in the deed from Tom Sebesta
to Freddie A. Wolters recorded in Volume 148, Page 614, of the Deed Records of Brazos County, Texas,
same being the beforementioned "Wolters to Fletcher" tract;
BRAZOS COUNTY ABSTRACT COMPANY
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ry ?ho SiO zture
P -L
File No.: 146203A
S T EWAR T TITLE GUARANTY COMPANY
SCHEDULE A
(Continued)
Policy No.: 0 -5941 -01045
THENCE S 45° 35' 27" W along the common line between the beforementioned 1.866 acre tract and Lot
18, Sandstone Addition for a distance of 352.16 feet to a %2" iron rod set in the northeast right -of -way line
of Sandstone Drive - 60' right -of -way;
THENCE N 44° 54' 31" W along a projection of the northeast right -of -way line of Sandstone Drive, across
the beforementioned 1.866 acre tract for a distance of 30.00 feet to a' /2" iron rod set in the common line
between the said 1.866 acre tract and the 89 acre tract described in the deed to Frank Dobrovolny
recorded in Volume 114, Page 498, of the Deed Records of Brazos County, Texas, (for a complete
description see Volume "0 ", Page 144, of the Civil Minutes of District Court), the northwest right -of -way
line of Sebesta Road bears northwest - 19.4 feet;
THENCE along the common line between the beforementioned 1.866 acre tract (lying to the southeast)
and the 89 acre tract and the 75 acre tract described in the deed to Frank Dobrovolny recorded in Volume
81, Page 148, of the Deed Records of Brazos County, Texas, (lying to the northwest), as follows:
N 45° 35' 27" E at a distance of 223 feet, pass the common corner between the said
89 acre tract and the 75 acre tract, continue on for a total distance of 352.06 feet,
N 44° 12' 58" E for a distance of 1284.55 feet to a h" iron rod set in a projection of
the southwest line of a 20.30 acre tract described as the "Fletcher to Wolters" tract (Exhibit B) in the
beforementioned Exchange Deed between Fletcher and Wolters, a /2" iron rod found marking the east
corner of Emerald Forest Phase 7, same being the east end of Emerald Parkway - 80' right -of -way, bears
N 76° 08' 39" W - 14.94 feet;
THENCE S 76° 08' 39" E along the southwest line of the beforementioned 20.30 acre tract, adjacent to a
fence, for a distance of 934.51 feet to a %" iron rod set at the south corner of the said 20.30 acre tract
and in the northwest line of a 64.1 acre tract described in the deed to J. Garland Watson, recorded in
Volume 3005, Page 335, of the Official Records of Brazos County, Texas;
THENCE S 44° 23' 12" W along the common line between the beforementioned 45.224 acre tract and the
64.1 acre tract, adjacent to a fence, for a distance of 181.72 feet to a 1/2" iron rod set 1' from a 6" creosote
post fence corner marking the common corner between the said 64.1 acre tract and the 18.45 acre tract
shown as Sandy Ridge according to the plat recorded in Volume 501, Page 473, of the Deed Records of
Brazos County, Texas;
THENCE -S 44 °- 10' -00 "W -along the common _line _between . the _beforementioned - 45.224 acre tract and
Ridge Subdivision, adjacent to a fence, for a distance of 1191.12 feet to the common corner
between the said 45.224 acre tract and the Sandy Ridge Subdivision, and in the northeast line of the
beforementioned Sandstone Addition, a 3/8" iron rod found at 6" creosote post fence comer bears N 54°
08' E - 0.7 feet;
THENCE along the common line between the beforementioned 45.224 acre tract and the Sandstone
Addition, adjacent to a fence, as follows:
N 86° 24' 43" W for a distance of 397.95 feet to a i2" iron rod set,
N 77° 53' 03" V,/ for a distance of 97.41 feet to a 20" sna❑
N 56" 23' 557' f Y for a distanc= of .2 99 foe to t o P' ACP OF ,GI NN1YY .
containing 25.12 : of land. more o ies .
STEWART TITLE GUARANTY COMPANY
SCHEDULE B
File No.: 146203A Policy No.: 0 -5941 -01045
EXCEPTIONS FROM COVERAGE
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY
COSTS, ATTORNEYS' FEES OR EXPENSES) THAT ARISE BY REASON OF THE TERMS AND CONDITIONS
OF THE LEASES OR EASEMENTS, IF ANY, SHOVVN IN SCHEDULE A AND THE FOLLOWING MATTERS:
1 THE FOLLOWING RESTRICTIVE COVENANTS OF RECORD ITEMIZED BELOW (THE COMPANY
MUST EITHER INSERT SPECIFIC RECORDING DATA OR DELETE THIS EXCEPTION):
item No. 1 is hereby deleted in its entirety.
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.
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 THE 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.
5. STANDBY FEES, TAXES AND ASSESSMENTS BYANY TAXING AUTHORITY FOR THE YEAR 2009,
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.
6. THE FOLLOWING MATTERS AND ALL TERMS OF THE DOCUMENT CREATING OR OFFERING
EVIDENCE OF THE MATTERS IERS E MUST INSERT MATTERS OR DELETE THIS EXCEPTION.):
a. Vendor's Lien retained in Deed dated October 20, 2008, executed by Leroy S. Fletcher and wife,
Nancy M. Fletcher to Emerald Ridge Estates, Ltd., a Texas limited partnership securing the payment
of one note of even date therewith in the principal amount of $490,000.00, payable to Compass Bank,
and said note being additionally secured by deed of trust of even date therewith to Ben Hayes Riggs,
Trustee, said Deed of Trust and Security Agreement filed for record in the Office of the County Clerk
of Brazos County, Texas, on October 21, 2008, under Clerk's File No. 1012784 and recorded in
Volume 8843, page 117, Official Records of Brazos County, Texas, and being subject to all of the
tel rl IS, conditions and stipulations contained in said note and deed of trust.
Rion s. of Ganes. In Possession.
E^ _ which r r _. - c records.
C c r _ ,. ,. i i- C O l � c / -!:,:. r� I � � ..� � ~�.,� � _. � i ! the G u �l l i �•.,
`�„ Il�lii�. �_. cl G. �. I �`. C�iJ �T .ni v'. G r'
Rio i.-of-V\lay Easement fr Mary Se5ee a e.2: __ Humble ripe
Ty
File No.: 146203A
STEWART TITLE GUARANTY COMPANY
SCHEDULE B
(Continued)
Policy No.: 0- 5941 -01045
recorded in Volume 49, page 23, Deed Records of Brazos County, Texas and as amended by
instrument recorded in Volume 387, page 946, Deed Records of Brazos County, Texas.
e. Easement from Tom Sebesta et ux to Gulf States Utilities Company, dated May 7, 1947, recorded in
Volume 130, page 147, Deed Records of Brazos County, Texas.
f. Easement from Freddie A. Wolters to Veterans Land Board State of Texas, dated December 28,
1961, recorded in Volume 217, page 342, Deed Records of Brazos County, Texas.
g. Easement from Freddie A. Wolters et ux to Federal Land Bank Houston, dated December 7, 1964,
recorded in Volume 242, page 242, Deed Records of Brazos County, Texas.
h. Easement from James E. Jett, Trustee et al to City of College Station, dated April 23, 1982, recorded
in Volume 518, page 231, Deed Records of Brazos County, Texas.
i. Utility Easement from Freddie A. Wolters to City of College Station, dated April 26, 1982, recorded in
Volume 518, page 246, Deed Records of Brazos County, Texas.
j. Easements from James E. Jett, Trustee et al to City of College Station, dated April 23, 1985,
recorded in Volume 785, pages 419 and 423, Deed Records of Brazos County, Texas.
k. 15' Access Easement located along the north boundary line of the present 26.66 acre tract under
Cause No. 48,414 -85, District Clerk, Brazos County, Texas.
I. Royalty reservation in Deed from Tom Sebesta et ux to Claud J. Burgin et ux, dated August 12, 1952,
recorded in Volume 155, page 286, Deed Records of Brazos County, Texas. Title to this reservation
has not been traced subsequent to the date of the above -cited instrument.
m. Royalty Deed from Freddie A. Wolters et ux to Pamela Ann Wolters Boyd et al, dated November 9,
1981, recorded in Volume 500, page 758, Deed Records of Brazos County, Texas. Title to this
royalty interest has not been traced subsequent to the date of the above -cited instrument.
n. Mineral reservation in Deed from Jett - Schultz Joint Venture No. 101, Ltd. to Leroy S. Fletcher et ux,
dated September 5, 1990, recorded in Volume 1208, page 782, Official Records of Brazos County,
Texas, subject to terms and conditions of surface waiver contained therein. Title to this reservation
has not been traced subsequent to the date of the above -cited instrument.
o : -- _Estate created by0il Gas tease Freddie A Wolters - et - uxto lnexco Oil -Company, -dated
May 8, 1985, recorded in Volume 797, page 397, Official Records of Brazos County, Texas. Title to
this lease has not been traced subsequent to the date of the above -cited instrument.
p. Estate created by Oil and Gas Lease from Jett - Schultz Venture No. 101, Ltd. to Central Plains Oil and
Gas Corp., dated August 26, 1991, recorded in Volume 1333, page 132, and corrected in Volume
1586, page 257, Official Records of Brazos County, Texas; and as amended by instrument recorded
in Volume 1524, page 253, Official Records of Brazos County, Texas and as ratified by instruments
recorded in Volume 1597, pages 112, 113, 114 and 115, Official Records of Brazos County, Texas.
Title to this lease has not been traced subsequent to the date of the above -cited instrument.
The Tax Celli icdte furnished by the taxing authorities is issued on res' estate only It boas no
Include minerals and /or personal property, therefore, nn is assumed herein for the payment o
sac rrir ra{ and;or persona' prone, iG>
n you ""minio"m°m, °�mu�e�o�o,"�ua��amememx° v�a�"�m"xmt�e"u.��1 n make ��mv�" v�/pmq`�mmv�
furnish written �� ni with Section uof the Conditions end Stipulations. Visit our World Wide Web sits at: hrtp.x°°°stewan.cn=
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� (a) A defect in the Title caused by:
(i) forgery, fraud, undue influence, dureSs.,9r1cOrnoetehey,-Iinbapacity or impersonation;
(ii) failure of any person or Entity h
(iii) a document affecting Title not created, executed, witnessed, sealed, acknowledged, notarized or
(iv) failure to perform those acts neceSsaryt4,:create a doCurnehtliy electronic means authorized by law;
(v) a document executed under a';.fa,ISified,*pired or otherwiseliwalid power of attorney;
(vi) a document not properly filed, 'reCbrded: including failure to perform those acts
by electronic means authorized by 1,0,W;j
(vii) a defective judicial or administrative':ptoteediria.:
(b) The lien of real estate taxes or ass governmental authority due or ' able, but
(c) Any encroachment, encumbrance, ---- circumstance affecting the Title that would be
"encroachment' includes encroachments of
disclosed by an accurate and complete l'and' term existing improvements located the encroachments onto the La.'. of existing •
^ adjoining �|ien�x|abororm��h�sh��ngd�incepbon
constitutional
n�n
(d) Anya��utoryor =�".~..�~~.~....~__''�—� .
on or before Date of Polioy.
3. Lack of good and indefeasible Title.
4. No right of access to and from the Land.
�� Covero�Rishsxon�nuedonne�tpo0*�
" —~`,`^`
IN WITNESS WHEREOF, Stewart Title Gue dthia policy to be signed and sealed by its duly
authorized officers as of Date of Policy shown in 3chedule ~~_ `
_
.title guaranty company
Any notice of claim and any other notice or statement in vi.fritiriq required to be given the Company under this
Policy must be aiven to the Company at th,e address shown inSection - 18, of the Conditions.
\: COVERED RISKB1
SUBJECTTOTHE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B
AND THE CONDITIONS, STEWART TITLE GUARANTY.COMPANY,,'eTexas corporation (the "Company") insures, as of Date
of Policy and, to the extent stated in Covered. 9.-and 10: after. of Policy, against loss or damage, not exceeding the
Amount of Insurance, sustained or incurred by,the :Insured-by:reason
1. Title being vested other than as stated,,,ih.
2. Any defect in or lien or encumbrance oft 'includes but is nol limited to insurance against loss
from: ~=�^,n/"=.°~ ` - —
Countersigned by:
/ /)/)
Authorized Signature
OWNER'S POLICY OFTITLE INSURANCE
ISSUED BY
Title guaranty company
GF No. 146203
THE STATE OF TEXAS
COUNTY OF BRAZOS
CERTIFICATE
BRAZOS COUNTY ABSTRACT COMPANY does hereby certify that we have examined the
records in the office of the Clerk of the County Court of Brazos County, Texas, affecting the title to
the said property described below from November 21, 2007:
TRACT ONE:
Being all that certain 18.45 acre tract or parcel of land lying and being situated in the
MORGAN RECTOR LEAGUE, Abstract No. 46, College Station, Brazos County, Texas,
and being a portion of a 63.61 acre tract conveyed to Jett - Schultz Venture No. 101,
Ltd. by Harold L. Boedeker et ux by Deed recorded in Volume 334, page 356, Deed
Records of Brazos County, Texas and being more particularly described by metes and
bounds as follows:
BEGINNING at the south corner of the aforesaid 63.61 acre tract, same being the east
corner of the Sandstone Addition to the City of College Station, Texas;
THENCE N 45° 39' 23" E along the south line of the said 63.61 acre tract for a distance
of 736.57 feet to an iron rod found for corner;
THENCE N 63° 06' 39" W along an interior perimeter line of said 63.61 acre tract for a
distance of 35.89 feet to an iron rod for corner;
THENCE N 62° 05' 11" W along an interior perimeter line of said 63.61 acre tract for a
distance of 844.15 feet to a corner post for corner;
THENCE S 44° 54' 05" W across said 63.61 acre tract for a distance of 1191.12 feet to
an iron rod for corner, same lying on the northeast line of said Sandstone Addition;
THENCE S 85° 40' 38" E along the common line between the said 63.61 acre tract and
the Sandstone Addition for a distance of 1095.09 feet to the PLACE OF BEGINNING
and containing 18.45 acres of land, more or less, said tract also known as SANDY
RIDGE ADDITION, according to plat recorded in Volume 501, page 473, Deed Records
of Brazos County, Texas.
TRACT TWO:
Being all that certain lot, tract or parcel of land Tying and being situated in Brazos
County, Texas and being Lot Fourteen A (14A), SANDSTONE ADDITION, an addition to
the City of College Station, Texas, according to resubdivision plat recorded in Volume
501, page 473, Deed Records of Brazos County, Texas.
We find the following actions or conveyances affecting the title to said land (specifically
excluding any conveyances respecting mineral estate) through December 31, 2009 @ 8:00 A.M.:
Warranty Deed dated November 19, 2007 from Leroy S. Fletcher and wife, Nancy M.
Fletcher to Emerald Ridge Estates, Ltd., recorded in Volume 8337, page 36, Official
Records of Brazos County, Texas.
Deed of Trust dated November 19, 2007 executed by Emerald Ridge Estates, Ltd., to
Ben Hayes Riggs, Trustee, for the benefit of Compass Bank, in the principal amount
of $639,750.00, recorded in Volume 8337, page 42, Official Records of Brazos County,
Texas, and as modified by instrument recorded in Volume 9185, page 220, Official
Records of Brazos County, Texas.
We do not certify as to property taxes.
This certificate is for informational purposes only and the information contained
herein shall not be relied on in the issuance of any title insurance policy. The liability of
Brazos County Abstract Company in this connection is limited to $0.00, being the charge
made for this certificate.
WITNESS OUR HAND at Bryan, Texas, January 5, 2010.
BRAZOS COUNTY ABSTRACT COMPANY
2
PremiL rn :r± _ :" 1200 P -O
File No.: 146203
STEVVART TITLE GUARANTY COMPANY
SCHEDULE A
POLICY AMOUNT:
POLICY DATE: November 21, 2007 at 10:19 AM
1. NAME OF INSURED:
EMERALD RIDGE ESTATES, LTD.
2. WE INSURE YOUR INTEREST IN THE LAND COVERED BY THIS POLICY IS:
FEE SIMPLE
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
EMERALD RIDGE ESTATES, LTD.
4. LEGAL DESCRIPTION OF THE LAND:
TRACT ONE:
Policy No.: 0 -5841- 288409
Issued With: M- 5842 - 907874
Being all that certain 18.45 acre tract or parcel of land lying and being situated in the MORGAN
RECTOR LEAGUE, Abstract No. 46, College Station, Brazos County, Texas, and being a portion of
a 63.61 acre tract conveyed to Jett - Schultz Venture No. 101, Ltd. by Harold L. Boedeker et ux by
Deed recorded in Volume 334, page 356, Deed Records of Brazos County, Texas and being more
particularly described by metes and bounds as follows:
BEGINNING at the south corner of the aforesaid 63.61 acre tract, same being the east corner of the
Sandstone Addition to the City of College Station, Texas;
THENCE N 45° 39' 23" E along the south line of the said 63.61 acre tract for a distance of 736.57
- eet to an iron rod found for corner;
THENCE _N63 06' 39 'W along an interior._ perimeter line _of said 63.61 .. acre _. tract_for_a distance .of_
:35.89 feet to an iron rod for corner;
THENCE N 62° 05' 11" W along an interior perimeter line of said 63.61 acre tract for a distance of
844.15 feet to a corner post for corner;
THENCE S 44° 54' 05" VV across said 63.61 acre tract for a distance of 1191.12 feet to an iron rod
or corner, same lying on the northeast line of said Sandstone Addition;
uthorized Signature
File No. 146203
STEWART TITLE GUARANTY COMPANY
SCHEDULE A
(Continued)
Policy No.: 0- 5841 - 288409
THENCE S 85° 40' 38" E along the common line between the said 63.61 acre tract and the
Sandstone Addition for a distance of 1095.09 feet to the PLACE OF BEGINNING and containing
18.45 acres of land, more or less, said tract also known as SANDY RIDGE ADDITION, according to
plat recorded in Volume 501, page 473, Deed Records of Brazos County, Texas.
TRACT TWO:
Being all that certain lot, tract or parcel of and lying and being situated in Brazos County, Texas and
being Lot Fourteen A (14A), SANDSTONE ADDITION, an addition to the City of College Station,
Texas, according to resubdivision plat recorded in Volume 501, page 473, Deed Records of Brazos
County, Texas.
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY
COSTS, ATTORNEYS' FEES OR EXPENSES) THAT ARISE BY REASON OF THE TERMS AND
CONDITIONS OF THE LEASES OR EASEMENTS, IF ANY, SHOWN IN SCHEDULE A AND THE
FOLLOWING MATTERS:
2.
STEWART TITLE GUARANTY COMPANY
SCHEDULE B
File No. 146203 Policy No.: 0- 5841 - 288409
EXCEPTIONS FROM COVERAGE
THE FOLLOWING RESTRICTIVE COVENANTS OF RECORD ITEMIZED BELOW (THE
COMPANY MUST EITHER INSERT SPECIFIC RECORDING DATA OR DELETE THIS
EXCEPTION):
Terms, provisions, covenants, conditions, and restrictions, easements, charges, assessments and
liens provided in the Covenants, Conditions and Restrictions recorded in Volume 389, page 179,
Volume 391, page 586 and Volume 394, page 601, Deed Records of Brazos County, Texas and
Volume 2431, pages 305 and 306, Official Records of Brazos County, Texas, but omitting any
covenant, condition or restrictions, if any, based on race, color, religion, sex, handicap, familial
status or national origin unless and only to the extent that the covenant, condition or restrictions (a)
s exempt under Title 42 of the United States Code, or (b) related to handicap, but does not
discriminate against handicapped persons.
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.
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 THE 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.
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 OVVNERSHIP,
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.
THE FOLLOWING MAT T ERS AND AI I TERMS OF THE — OCUL'iiEN I CPE T lNG OR �FFEP}NG
OF HE MAT—FRS nR. 9E.
I on ..='tai let Dest ✓. �. C..
wife Nancy M. Fletcher t0 Emerald Ridge Eeslaies, L 0., securing the payment of one note O'.
File No. 146203
STEWART TITLE GUARANTY COMPANY
SCHEDULE B
(Continued)
Policy No.: 0- 5841 - 288409
even date therewith in the principal amount of $639,750.00, payable to Compass Bank, and said
note being additionally secured by Deed of Trust and Security Agreement of even date therewith
to Ben Hayes Riggs, Trustee, said Deed of Trust filed for record in the Office of the County Clerk
of Brazos County, Texas, on November 21, 2007, under Clerk's File No. 982303 recorded in
Volume 8337, page 42, Official Records of Brazos County, Texas, and being subject to all of the
terms, conditions and stipulations contained in said note and deed of trust.
b. P,ights of Parties in Possession.
c. Easements, or claims of easements, which are not recorded in the public records.
d. 15' Utility Easement along the northwest, northeast and southeast sides of the lot as shown of
record on plat of Sandy Ridge, recorded in Volume 501, page 473, Deed Records of Brazos
County, Texas; 25' Building Line along the south side of the lot and a 7.5' Building Line along the
northwest and southeast sides of the lot per City Ordinance and all as shown on survey plat
prepared by Brad Kerr, Registered Professional Land Surveyor, State of Texas, No. 4502, dated
November 1, 2007. (Tract One)
e. Those matters as depicted on survey plat prepared November 1, 2007 by Brad Kerr, Registered
Professional Land Surveyor, State of Texas, No. 4502, as follows:
1.) Discrepancies between the property lines of the subject tract and the existing fence.
2.) Service utilities and appurtenant facilities.
f. Utility Easement as shown of record on resubdivision plat of Sandstone Addition, recorded in
Volume 501, page 473 Deed Records of Brazos County, Texas and as depicted on survey plat
prepared by Brad Kerr, Registered Professional Land Surveyor, State of Texas, No. 4502, dated
November 1, 2007. (Tract Two)
g. Right -of -Way Easement from Mary Sebesta et al to Humble Pipe Line Company, dated June 22,
1919, recorded in Volume 49, page 23, Deed Records of Brazos County, Texas and as
amended by instrument recorded in Volume 387, page 946, Deed Records of Brazos County,
Texas and as depicted on survey plat prepared by Brad Kerr, Registered Professional Land
Surveyor, State of Texas, No. 4502, dated November 1, 2007. (Tract One)
h: "Easement from Tom "Sebesta et ux to •GuIf "States 'Utilities Company, - dated May 7, 1947,
recorded in Volume 130, page 147, Deed Records of Brazos County, Texas and as depicted on
survey plat prepared by Brad Kerr, Registered Professional Land Surveyor, State of Texas, No.
4502, dated November 1, 2007. (Tract One)
Right- of -VVay Easement reserved in Deed from Charles Russell Hanna et ux to Leroy S. Fletcher
et ux, dated September 30, 1981, recorded in Volume 497, page 262, Deed Records of Brazos
County, Texas and as depicted on survey plat prepared by Brad Kerr, Registered Professional
Land Surveyor State of Texas, No. 4502, dated November 1 2007. (Tract Two)
. tint E ss= ;ieni. from L ero, 5. rie:c her dux t: '5C. . S.s :Io exams U..._.
9C reoo, .' _.. ri \ /olu i,.. '02 . . . .. .is of Cioi0 _,.uC G _
iisi; i
Texas, No. 4502, : November 1, 200 . ' i rac: Orly
File No. 146203
STEVVART TITLE GUARANTY COMPANY
SCHEDULE B
(Continued)
Policy No.: 0- 5841 - 288409
k. Easement from Leroy S, Fletcher et ux to City of College Station, Texas, dated August 5, 1986,
recorded in Volume 906, page 596, Official Records of Brazos County, Texas and as depicted
on survey plat prepared by Brad Kerr, Registered Professional Land Surveyor, State of Texas,
No. 4502, dated November 1, 2007. (Tract One)
I. Possible easement described on the plat contained in the Will of Mary Sebesta, recorded in
Volume "T ", Page 183, Probate Records of Brazos County, Texas and being more particularly
described as a "lane "; which lane is fifteen (15) feet wide and extends along the entire
northeastern boundary of the present 18.45 acre tract a distance of 844.15 feet from the east
corner of said tract to the north corner of said tract; being in an area 12,662.25 square feet and
as depicted on survey plat prepared by Brad Kerr, Registered Professional Land Surveyor, State
of Texas, No. 4502, dated November 1, 2007. (Tract One)
m. Access Easement granted in Deed from Oliver F. Goen et al to J. Garland Watson, Jr., et ux,
dated December 31, 1997, recorded in Volume 3005, page 335, Official Records of Brazos
County, Texas and as depicted on survey plat prepared by Brad Kerr, Registered Professional
Land Surveyor, State of Texas, No. 4502, dated November 1, 2007.
n. Royalty reservation in Deed from Tom Sebesta et ux to Claud J. Burgin et ux, dated August 12,
1952, recorded in Volume 155, page 286, Deed Records of Brazos County, Texas. Title to this
reservation has not been traced subsequent to the date of the above -cited instrument. (Tract
One)
o. Royalty reservation in Deed from Emma S. Krenek et al to Tony Jones Construction Company,
Inc., dated June 7, 1977, recorded in Volume 376, page 166, Deed Records of Brazos County,
Texas, Title to this reservation has not been traced subsequent to the date of the above -cited
instrument. (Tract Two)
p. Mineral reservation in Deed from Tony Jones Construction Company, Inc. to Charles Russell
Hanna et ux, dated May 15, 1978, recorded in Volume 397, page 243, Deed Records of Brazos
County, Texas. Title to this reservation has not been traced subsequent to the date of the above -
cited instrument. (Tract Two)
q. Mineral reservation in Deed from Jett - Schultz Venture No, 101, Ltd. to Leroy S. Fletcher et ux,
dated July 23,1981, recorded in Volume 488, page 885, Deed Records of Brazos County, Texas,
subject to terms and conditions of surface waiver contained therein. Title to this reservation has
not been traced subsequent to the date of the above -cited instrument. (Tract One)
r, Estate created by Oil and Gas Lease from Leroy S. Fletcher et ux to W &W Minerals, Inc., dated
November 27, 1984, recorded in Volume 757, page 515, O &GL Records of Brazos County,
Texas. Title to this lease has not been traced subsequent to the date of the above -cited
instrument. (Tract Two)
s. Estate created by Oil and Gas Lease from Tony Jones et ux to Inco Oil Corporation, dated
November 4 recorded in Volume 1411, page 101, Official Records of Brazos County,
Texas and as ratified by instrument recorded in Volume 2060, cane 199. Official Records of
Brs:_c's County, exas title is this lease bias o be. ep eo i sub_ =:us, is the
above-citet Ins;'ru . eoi ! 'Jd
File No. 146203
STEV'ART TITLE GUARANTY COMPANY
SCHEDULE B
(Continued)
Policy No,: 0- 5841 - 288409
t. Estate created by Oil and Gas Lease from Charles Russell Hanna et ux to Inco Oil Corporation,
dated November 4, 1991, recorded in Volume 1416, page 32, Official Records of Brazos County,
Texas. Title to this lease has not been traced subsequent to the date of the above -cited
instrument. (Tract Two)
u. Estate created by Oil and Gas Lease from Jett - Schultz Venture No. 101, Ltd. to Central Plains
Oil and Gas Corp., dated August 26, 1991, recorded in Volume 1333, page 132 and corrected in
Volume 1586, page 257, Official Records of Brazos County, Texas and as amended by
instruments recorded in Volume 1524, page 253, Official Records of Brazos County, Texas and
as ratified by instruments recorded in Volume 1597, pages 112, 113, 114 and 115, Official
Records of Brazos County, Texas. Title to this lease has not been traced subsequent to the date
of the above -cited instrument. (Tract One)
v. All oil, gas and other minerals in and under the herein described property, together with any
rights of ingress and egress, mining or drilling privileges heretofore reserved or conveyed by
predecessors in title. There is expressly excluded from coverage hereunder, and this Company
does not insure, title to oil, gas and other minerals of every kind and character, in, on and under
the property herein described.
w. The Tax Certificate furnished by the taxing authorities is issued on real estate only. It does not
include minerals and /or personal property, therefore, no liability is assumed herein for the
payment of said mineral and /or personal property tax.