HomeMy WebLinkAboutTitle ReportAggieland Title Comp@ny
GF# 28328
EXAMINER'S REPORT
RECORD TITLE AT THE EFFECTIVE DATE HEREOF APPEARS TO BE VESTED IN
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 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 198 OF THE OFFICIAL PUBLIC
RECORDS OF BRAZOS COUNTY, TEXAS, AND A PORTION OF THE REMAINDER OF A
CALLED 12.9075 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 %Z INCH IRON ROD FOUND ON THE NORTHEAST LINE OF THE
REMAINDER OF A RAILROAD RIGHT -OF -WAY MARKING THE SOUTH CORNER OF LOT
103, BLOCK 8, 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 NORTHWEST CORNER OF SAID REMAINDER OF 12.9075 ACRE
TRACT;
THENCE: N 60'40'43" E ALONG THE COMMON LINE OF SAID LOT 103, SAID REMAINDER
OF 12.9075 ACRE TRACT AND SAID REMAINDER OF 359.07 ACRE TRACT, AT 292.50 FEET
PASS A '/2 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF RANCH HOUSE ROAD
(70' R.O.W.) MARKING THE EAST CORNER OF SAID LOT 103, CONTINUE ON ACROSS THE
PLATTED END OF RANCH HOUSE ROAD FOR A TOTAL DISTANCE OF 362.50 FEET TO THE
NORTHEAST LINE OF RANCH HOUSE ROAD;
THENCE: N 29° 19' 17" W ALONG THE NORTHEAST LINE OF RANCH HOUSE ROAD FOR A
DISTANCE OF 21.08 FEET TO THE BEGINNING OF A CLOCKWISE CURVE HAVING A
RADIUS OF 25.00 FEET;
THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00'00" FOR AN ARC
DISTANCE OF 39.27 FEET (CHORD BEARS: N 15° 40'43" E - 35.36 FEET) TO THE END OF
SAID CURVE ON THE SOUTHEAST LINE OF STETSON DRIVE (70' R.O.W.);
3740 Copperfield Drive, Suite 101 • Bryan, Texas 77802
Phone (979) 731 -8400 • FAX (979) 731 -8408
GF# 28328 •
THENCE: ALONG THE SOUTHEAST LINE OF STETSON DRIVE FOR THE FOLLOWING
CALLS:
N 60 40' 43" E FOR A DISTANCE OF 476.61 FEET TO THE BEGINNING OF A
COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 535.00 FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17 44' 12" FOR AN ARC
DISTANCE OF 165.62 FEET (CHORD BEARS: N 51° 48' 36" E - 164.96 FEET) TO THE
END OF SAID CURVE;
N 42 56' 30" E FOR A DISTANCE OF 112.10 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: N 87° 56' 30" E - 35.36 FEET) TO THE
PLATTED END OF SADDLE CREEK DRIVE (100' R.O.W.) MARKING THE END OF
SAID CURVE;
THENCE: THROUGH SAID REMAINDER OF 359.07 ACRE TRACT FOR THE FOLLOWING
CALLS:
S 47 03'30" E FOR A DISTANCE OF 132.66 FEET;
S 04 20'08" W FOR A DISTANCE OF 78.99 FEET;
S 36 44'58" E FOR A DISTANCE OF 181.52 FEET;
S 40 11' 18"
E FOR A DISTANCE OF 90.89 FEET;
S 14 40'42"
E FOR A DISTANCE OF 98.95 FEET;
S 04 56'03"
W FOR A DISTANCE OF 54.09 FEET;
S 33 38'17"
E FOR A DISTANCE OF 176.02 FEET;
S 19 58'25"
W FOR A DISTANCE OF 86.78 FEET;
S 15 47'09"
E FOR A DISTANCE OF 116.40 FEET;
S 26 36'47"
W FOR A DISTANCE OF 70.81 FEET;
N 81 31' 40"
W FOR A DISTANCE OF 51.19 FEET;
S 04 49' 37"
W FOR A DISTANCE OF 126.62 FEET;
S 26 06'42"
E FOR A DISTANCE OF 99.37 FEET;
S 20 33'13"
W FOR A DISTANCE OF 220.72 FEET;
AGGIELAND TITLE COMPANY Page 2
GF# 28328 •
S 18 39'32" W FOR A DISTANCE OF 283.34 FEET;
S 10 26' 34"
E FOR A DISTANCE OF 101.71 FEET;
S 76 04'53"
W FOR A DISTANCE OF 61.02 FEET;
N 61 35'22"
W FOR A DISTANCE OF 165.45 FEET;
N 50 25'02"
W FOR A DISTANCE OF 109.73 FEET;
N 32 07'17"
W FOR A DISTANCE OF 101.38 FEET;
•
S 60 35'46" W FOR A DISTANCE OF 287.76 FEET TO THE COMMON LINE OF SAID
REMAINDER OF 12.9075 ACRE TRACT AND SAID REMAINDER OF RAILROAD
RIGHT -OF -WAY;
THENCE: N 29° 19' 17" W ALONG THE SOUTHWEST LINE OF SAID REMAINDER OF
12.9075 ACRE TRACT FOR A DISTANCE OF 1138.75 FEET TO THE POINT OF BEGINNING
CONTAINING 32.032 ACRES OF LAND, MORE OF LESS.
AGGIELAND TITLE COMPANY Page 3
GF# 28328 . 0
RESTRICTIVE COVENANTS:
None
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. 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.
d. 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.
e. Temporary Access Easement granted to The Public, et al by John A. Malley and
Jennifer B. Todd as set out in instrument dated May 28, 2009, recorded in Volume
9136, page 133 of the Official Public Records of Brazos County, Texas.
f. Easement granted to Saddle Creek Homeowners Association and adjoining land owners
by John A. Malley and Jennifer B. Todd as set out in instrument dated May 28, 2009,
recorded in Volume 9136, page 140 of the Official Public Records of Brazos County,
Texas.
g. 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.
h. Mineral Reservation as set out 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, Official Public Records of Brazos County, Texas.
Title to this interest not investigated subsequent to date of said instrument.
AGGIELAND TITLE COMPANY Page 4
' GF# 28328
i. 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.
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.
k. 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.
1. Rights of parties in possession.
AGGIELAND TITLE COMPANY Page 5
GF# 28328 4) 1 0
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 215 of the Official Public Records of Brazos County, Texas.
b. 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.
C. 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.
EXAMINFRI SIGNATUO
Preparation Date:
Effective Date:
Effective Time:
October 12, 2011
October 3, 2011
7:00 a.m.
AGGIELAND TITLE COMPANY Page 6