HomeMy WebLinkAboutNothing Further LetterSep. 14. 2010 9:51AM Aggieland Title Co. Inc. No. 0527 P. 1
Aggieland Title Company
Title Examination Department
3740 Copperfield Drive, Suite 101
Bryan, Texas 77802
PHONE: (979) 731 -8400
FAX: (979) 731 -8409
EMAIL: 1 oyce(a,aggielandtitle.com
FAX TRANSMITTAL Date: September 14, 2010
To: Jeff Robertson
Office: McClure
Fax Number: 979- 693 -2554
From: Joyce Ferguson, Abstractor/Examiner
RE: Nothing Further Letter for Sonoma Phs 3
Total Number of Pages including Cover Sheet: 5
Jeff,
Attached is the signed NFL you requested.
Should you need further assistance please contact us.
B Regards,
yce erguson
Title Examiner
Sep, 14. 2010 9:51AM Aggieland Title Co, Inc, No, 0527 P. 2
GF #25931
Aggieland Title Company
REVISED
SUBSEQUENT TO CERTIFICATE
PROPERTY DESCRIPTION:
Being all that certain tract or parcel of land, lying and being situated in the Robert
Stevenson Survey, Abstract No. 64, College Station, Brazos County, Texas, and being part
of the 41.16 acre tract conveyed to BCS Development Company by Wayne A. Dunlap, et al
by deed recorded In Volume 6231, Page 66, of the Official Records of Brazos County,
Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows:
BEGINNING at a found 1/2 -Inch Iron rod marking the southeast comer of the said 41.18
acre tract, the southwest comer of the called 217.5 acre Gary Seebeck tract described In
Volume 2597, Page 186 (O.R.B.C.) and said Iron rod also being In the north right- of-way
line of State Highway No. 40;
THENCE along the northerly line of said State Highway No. 40 for the following five (5)
calls:
1. S 85° 21' 18" W for a distance of 145.15 feet to a found concrete monument with
a brass disc for comer,
2. S 88° 07' 05" W for a distance of 517.45 feet to a found concrete monument with
a brass disc for corner,
3. N 87° 53' 03" W for a distance of 240.64 feet to a found concrete monument
with a brass disc for corner,
4. N 79° 00' 36" W for a distance of 478.62 feet to a found concrete monument
with a brass disc for comer and
6. N 68° 44' 20" W for a distance of 233.26 feet to a found 1/2 -Inch Iron rod
marking the south comer of SONOMA, PHASE 2 Subdivision as recorded In
Volume 8502, Page 286 (O.R.B.C.);
THENCE along the southeast line of Bald SONOMA, PHASE 2 Subdivision for the
following seventeen (17) calls:
1. N 21° 16' 40" E for a distance of 100.02 feet to a found 3/4 -Inch Iron pipe for the
Point of Curvature of a curve to the right,
2. 39.27 feet along the arc of said curve having a central angle of 90° 00' 00 ", a
radius of 25.00 feet, a tangent of 25.00 feet and a long chord bearing N 66° 16'
40" E at a distance of 35.36 feet to a found 3/4-inch Iron pipe for comer,
3. N 21° 15' 40" E. for a distance of 50.00 feet to a found 1/2 -Inch Iron rod for
comer,
4. N 68° 44' 20" W for a distance of 68.16 feet to a found 112 -Inch iron rod for
corner,
3740 Copperfield Drive, Suite 101 • Bryan, Texas 77802
Phone (979) 731 -8400 • FAX (979) 731 -8408
Sep. 14. 2010 9:51AM Aggieland Title Co. Inc. No.0527 P. 3
5. N 21° 15' 40" E for a distance of 210.00 feet to a found 112 -inch iron rod for
comer,
6. S 68° 44' 20" E for a distance of 77.87 feet to a found 1l2 -inch Iron rod for
corner,
7. N 17° 17' 61" W for a distance of 104.19 feet to a found 3/4 -Inch iron pipe for the
Point of Curvature of a curve to the left,
8. 64.73 feet along the arc of said curve having a central angle of 24° 43' 27 ", a
radius of 150.01 feet, a tangent of 32.88 feet and a long chord bearing N 29° 39'
39" W at a distance of 64.23 feet to a found 314 -Inch Iron pipe for the Point of
Compound Curvature,
9. 8.38 feet along the arc of said compound curve having a central angle of 19° 12'
06 ", a radius of 25.00 feet, a tangent of 4.23 feet and a long chord bearing N 51°
37' 30" W at a distance of 8.34 feet for comer,
10. N 28° 46' 30" E for a distance of 52.68 feat to a found 314 -inch Iron pipe for
comer,
11. 11.37.25 feet In a clockwise direction along the arc of a curve having a central
angle of 85° 22' 65 ", a radius of 26.00 feet, a tangent of 23.06 feet and a long
chord bearing N 06° 33' 62" W at a distance of 33.90 feet to a found 3/4 -Inch
Iron pipe for the Point of Compound Curvature,
12. 53.11 feet along the arc of said compound curve having a central angle of 6° 24'
23 ", a radius of 475.00 feet, a tangent of 26.58 feet and a long chord bearing N
39° 19' 47" E at a distance of 53.08 feet to a found 314 -Inch iron pipe for the
Point of Tangency,
13. N 42° 31' 69" E for a distance of 144.58 feet to a found 314 -Inch Iron pipe for the
Point of Curvature of a curve to the right,
14. 38.03 feet along the arc of said curve having a central angle of 87° 09' 56 ", a
radius of 25.00 feet, a tangent of 23.79 feet and a long chord bearing N 86° 06'
58" E at a distance of 34.47 feet to a found 314 -Inch Iron pipe for corner,
15. N 39° 31' 24" E for a distance of 50.00 feet for corner,
16. 14.78 feet In a counter.clockwlse direction along the are of a curve having a
central angle of 1° 46' 56 ", a radius of 475.00 feet, a tangent of 7.39 feet and a
long chord bearing N 51° 22' 04" W at a distance of 14.77 feet for corner and
17. N 39° 03' 22" E for a distance of 153.86 feet to a found 1/2 -inch Iron rod marking
the north corner of said SONOMA, PHASE 2, said Iron rod also being in the
northeast line of the said 41.16 acre tract and the southwest line of the 64.28
acre College Station Independent School District tract as recorded In Votume
3604, Page 243 (O.R.B.C.);
THENCE S 48° 07' 48" E along the northeast line of said 41.16 acre tract for a distance of
1587.71 feet to the POINT OF BEGINNING and containing 20.762 acres of land, more or
less.
Note: The Company Is prohibited from Insuring the area or quantity of the land described
herein. Any statement In the above legal description of the area of land Is not a
representation that such area or quantity Is correct, but Is made only for Informational
and /or Identification purposes and does not override Item No. 2 of Schedule B.
RECORD TITLE APPEARS TO BE VESTED IN:
BCS Development Company
Sep. 14. 2010 9:51AM Aggieland Title Co. Inc. No.0527 P. 4
THE STATE OF TEXAS )(
COUNTY OF BRAZOS )(
We, AGGIELAND TITLE COMPANY, hereby certify that we have carefully
examined the records in the Office of the County Clerk of Brazos County, Texas, and
find nothing of record affecting title to the above captioned lands subsequent to:
January 15, 2010
EXCEPT the following:
1. Deed of Trust Security Agreement, Financing Statement and Assignment of
Rents dated February 8, 2010 from BCS Development Company to Richard
C. Van Duyne, Trustee, securing the payment of one note of even date
therewith in the principal sum of $1,100,000.00, and any other amounts
payable under the terms thereof, payable to Commerce National Bank, a
branch of Lubbock National Bank, filed for record with the County Clerks of
Brazos County, Texas on February 9, 2010 and recorded in Volume 9494,
page 127 of the Official Public Records of Brazos County, Texas.
2. Assignment of Rents, Income and Receipts dated February 8, 2010 from BCS
Development Company to Commerce National Bank, a branch of Lubbock
National Bank in instrument recorded in Volume 9494, Page 164 of the
Official Public Records of Brazos County, Texas.
3. Affidavit of Non - Commencement dated February 8, 2010 in instrument
recorded in Volume 9494, Page 169 of the Official Public Records of Brazos
County, Texas.
4. Release of Lien from Citibank, N.A. to BCS Development Company dated
February 4, 2010 in instrument recorded in Volume 9504, Page 202 of the
Official Public Records of Brazos County, Texas.
5. Release of Lien from Citibank, N.A. to BCS Development Company dated
March 3, 2010 in instrument recorded in Volume 9591, Page 43 of the
Official Public Records of Brazos County, Texas.
6. Affidavit of Commencement dated February 8, 2010 in instrument recorded in
Volume 9607, Page 255 of the Official Public Records of Brazos County,
Texas.
Sep.14. 2010 9:51AM Aggieland Title Co. Inc. No.0527 P. 5
7. Affidavit for Mechanic's and Materialman's Lien acknowledged August 13,
2010 between Limestone Contactors, Inc. and Brazos Valley Services in
instrument recorded in Volume 9777, Page 148 of the Official Public Records
of Brazos County, Texas.
We find State Tax Liens, Federal Tax Liens, Abstracts of Judgment or Lis Pendens of
record against the above captioned property owner as follows:
NONE FOUND
This certificate 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 lands 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 certificate by reason of such construction, nor will it be liable for any
error or omission of any kind whatsoever.
RECORDS searched to the 22nd July, 2010 at 7 o'clock a.m.
AGGIELAND TITLE COMPANY
BY: 4 k r
Joy o f er_■-' on Title Ex er
THE STATE OF TEXAS )(
COUNTY OF BRAZOS )(
We, AGGIELAND TITLE COMPANY, hereby certify that we have carefully
examined the records in the Office of the County Clerk of Brazos County, Texas, and
find nothing of record affecting title to the above captioned lands subsequent to:
January 15, 2010
EXCEPT the following:
1. Deed of Trust Security Agreement, Financing Statement and Assignment of
Rents dated February 8, 2010 from BCS Development Company to Richard
C. Van Duyne, Trustee, securing the payment of one note of even date
therewith in the principal sum of $1,100,000.00, and any other amounts
payable under the terms thereof, payable to Commerce National Bank, a
branch of Lubbock National Bank, filed for record with the County Clerks of
Brazos County, Texas on February 9, 2010 and recorded in Volume 9494,
page 127 of the Official Public Records of Brazos County, Texas.
2. Assignment of Rents, Income and Receipts dated February 8, 2010 from BCS
Development Company to Commerce National Bank, a branch of Lubbock
National Bank in instrument recorded in Volume 9494, Page 164 of the
Official Public Records of Brazos County, Texas.
3. Affidavit of Non- Commencement dated February 8, 2010 in instrument
recorded in Volume 9494, Page 169 of the Official Public Records of Brazos
County, Texas.
4. Release of Lien from Citibank, N.A. to BCS Development Company dated
February 4, 2010 in instrument recorded in Volume 9504, Page 202 of the
Official Public Records of Brazos County, Texas.
5. Release of Lien from Citibank, N.A. to BCS Development Company dated
March 3, 2010 in instrument recorded in Volume 9591, Page 43 of the
Official Public Records of Brazos County, Texas.
6. Affidavit of Commencement dated February 8, 2010 in instrument recorded in
Volume 9607, Page 255 of the Official Public Records of Brazos County,
Texas.
We find State Tax Liens, Federal Tax Liens, Abstracts of Judgment or Lis Pendens of
record against the above captioned property owner as follows:
NONE FOUND
This certificate 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 lands 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 certificate by reason of such construction, nor will it be liable for any
error or omission of any kind whatsoever.
RECORDS searched to the 22nd July, 2010 at 7 o'clock a.m.
AGGIELAND TITLE COMPANY
BY:
Joyce Ferguson, Title Examiner