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NOTHING FURTHER LETTER
AND WARRANTY DEEDS
TDG, MANAGEMENT, LP, ALTON OFCZARZAK .... Lot 1 & 2 .... 8.11 ACRES
COLLOCATION, INC, CRAIG ANGSTADT Lot 3 0.099 ACRES
I
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Lawyers Title Company of Brazos County
1450 Copperfield Parkway
College Station, TX 77845
Phone: 979 -776 -3600
Fax: 979 - 776 -2383
UPDATED NOTHING FURTHER LETTER
Date: January 4, 2012
File No.: GF No. M2195
Record Title at the Effective Date Hereof is Vested in:
• Tract 1 & Tract 2:
TDG Management, L.P., a Texas limited partnership
Tract 3:
Collocation, Inc., a Florida corporation
The Land Referred to In this Report is Described as Follows:
Tract 1:
8.11 acres, lying and being situated in the MORGAN RECTOR LEAGUE, A -46, Brazos
County, Texas, Save and Except 0.0991 acres (4,317 square feet) of land conveyed
by Boriskie Partnership, Burton Ray Hermann and Virginia Boriskie Hermann to
Collocation, Inc. in deed dated July 29, 2009, recorded in Volume 9244, Page 199,
Official Records of Brazos County, Texas. (See attached Exhibit "A" for a complete
metes and bounds description of subject property)
Tract 2:
Lot One (1), Block One (1) and Lots Two (2) & Three (3), Block Two (2), HORSE
HAVEN ESTATES, PHASE FIVE, an addition to the City of College Station, Brazos
County, Texas, according to the plat recorded in Volume 9409, Page 183, Official
Records of Brazos County, Texas.
Tract 3:
0.0991 acres (4,317 square feet) of land conveyed by Boriskie Partnership, Burton Ray
Hermann and Virginia Boriskie Hermann to Collocation, Inc. in deed dated July 29,
2009, recorded in Volume 9244, Page 199, Official Records of Brazos County, Texas.
(See attached Exhibit "B" for a complete metes and bounds description of
subject property)
• •
Exceptions:
Tracts 1 & 3: (This tract was searched from December 2, 2004 thru March 18, 2011 @
7:00 a.m.. Any exceptions to title as to Tract 1 which were filed of record before
December 2, 2004 are not shown herein.)
• Mineral Deed executed by Oakwood Custom Homes Group, Ltd. to Alton
E. Ofczarzak, II, dated December 1, 2004, recorded in Volume 6413,
Page 169, Official Records of Brazos County, Texas.
• Temporary Blanket Utility Easement executed by Oakwood Custom
Homes Group, Ltd. to City of College Station, Texas, dated February 28,
2005, recorded in Volume 6553, Page 9, Official Records of Brazos
County, Texas.
• Public Utility Easement executed by Oakwood Custom Homes Group, Ltd.
to City of College Station, Texas, dated April 5, 2007, recorded. in Volume
7901, Page 156, Official Records of Brazos County, Texas.
• Public Utility Easement executed by Oakwood Custom Homes Group, Ltd.
to Ci of College Station, Texas, dated February 12, 2009, recorded in
- : , Official Records of Brazos County, Texas.
• Revised Access and Utility Easement as set out in Memorandum of PCS
Site Agreement by and between Lydia Boriskie Partnership and
SprintCom, Inc., dated April 15, 2002, recorded in Volume 4593, Page 39;
and as set out in Warranty Deed executed by Lydia Boriskie Partnership,
Burton Ray Hermann and Virginia Boriskie Hermann, dated July 29, 2009,
recorded in Volume 9244, Page 199, both of the Official Records of
Brazos County, Texas.
• Memorandum of Amendment by and between the Lydia Borskie
Partnership and STC Two, LLC, dated June 14, 2007, recorded in Volume
8053, Page 1, Official Records of Brazos County, Texas. (Tract 3 only)
•
Tract 2: (This tract was searched from October 4, 1918 thru March 18, 2011 @ 7:00 a..
Any exceptions to title as to Tract 2 which were filed of record before October 4, 1918
are not shown herein.)
• Final Plat of Horse Haven Estates, Phase Five recorded in Volume 9409,
Page 183, Official Records of Brazos County, Texas.
• Restrictions recorded in Volume 7872, Page 283, as ratified for Horse
Haven Estates, Phase Three in Volume 7923, Page 90; By -Laws of Horse
Haven Estates Homeowners Association, Inc. recorded in Volume 8592,
• •
Page 11, Official Records of Brazos County, Texas.
• Restrictions recorded in Volume 3872, Page 235; Volume 4621, Page 14;
Volume 5554, Page 75 and Volume 5687, Page 148, Official Records of
Brazos County, Texas. (as to portions of lots out of the Kolbe tract only)
• Easement executed by J.M. Boriskie to Humble Pipe Line Company,
dated July 19, 1919, recorded in Volume 49, Page 18, Deed Records of
Brazos County, Texas; as modified by Encroachment Agreement dated
February 24, 1982, recorded in Volume 513, Page 156, Deed Records of
Brazos County, Texas, and Encroachment Agreement dated October 3,
1985, recorded in Volume 854, Page 599, Official Records of Brazos
County, Texas.
• Easement executed by V.J. Boriskie to Humble Pipe Line Company,
dated July 21, 1919, recorded in Volume 49, Page 33, Deed Records of
Brazos County, Texas; as modified by Encroachment Agreement dated
February 24, 1982, recorded in Volume 513, Page 156, Deed Records of
Brazos County, Texas, and Encroachment Agreement dated October 3,
1985, recorded in Volume 854, Page 599, Official Records of Brazos
County, Texas.
• Right of Way Easement executed by V.J. Boriskie, et ux to The City of
Bryan, dated April 30, 1937, recorded in Volume 98, Page 217, Deed
Records of Brazos County, Texas.
• Right of Way Easement executed by Mrs. Lydia Boriskie to The City of
Bryan, dated May 15, 1972, recorded in Volume 304, Page 237, Deed
Records of Brazos County, Texas.
• Public Utility Easement executed by C. Carl Kolbe and JeAnne Kolbe to
City of College Station, Texas, dated September 3, 2003, recorded in
Volume 5594, Page 295, Official Records of Brazos County, Texas.
• Public Utility Easement executed by C. Carl Kolbe and wife, JeAnne
Kolbe to Oakwood Custom Homes Group, Ltd., dated May 30, 2005,
recorded in Volume 6819, Page 255, Official Records of Brazos County,
Texas; Transfer and Assignment of Utility Easement executed by
Oakwood Custom Homes Group, Ltd. to the City of College Station, dated
November 7, 2005, recorded in Volume 7017, Page 126, Official Records
of Brazos County, Texas.
• Easements as shown on Plat of Horse Have Estates, Phase Three,
recorded in Volume 7901, Page 165, as amended in Ordinances recorded
in Volume 9674, Pages 8 & 15, Official Records of Brazos County, Texas.
•
• Terms and conditions contained in Agreement by and between Oakwood
Custom Homes Group, Ltd. and C. Carl Kolbe and wife, JeAnne Kolbe,
dated July 1, 2005, recorded in Volume 6819, Page 211, Official Records
of Brazos County, Texas.
• Royalty Deed executed by Lydia Boriskie to Michael Wayne Thiltgen,
dated February 10, 1982, recorded in Volume 510, Page 482, Deed
Records of Brazos County, Texas.
• Royalty Deed executed by Lydia Boriskie to Virginia Joy Hermann, dated
February 10, 1982, recorded in Volume 510, Page 493, Deed Records of
Brazos County, Texas.
• Mineral reservation contained in Deed executed by Michael Thiltgen and
wife, Cheryl Thiltgen to Burton Ray Hermann and wife, Virginia Boriskie
Hermann, dated April 6, 1994, recorded in Volume 2085, Page 289,
Official Records of Brazos County, Texas.
• Mineral Reservation contained in Deed executed by Burton Ray Hermann
and Virginia Boriskie Hermann to C. Carl Kolbe and JeAnne Kolbe, dated
March 15, 1996, recorded in Volume 2558, Page 133, Official Records of
Brazos County, Texas.
• Mineral Reservation contained in Deed executed by C. Carl Kolbe and
wife, JeAnne Kolbe to Oakwood Custom Homes Group, Ltd., dated July 1,
2005, recorded in Volume 6819, Page 231, Official Records of Brazos
County, Texas.
• Mineral reservation contained in Deed executed by Michael Thiltgen and
wife, Cheryl Thiltgen to Burton Ray Hermann and Virginia Boriskie
Hermann, dated September 18, 1998, recorded in Volume 3265, Page
115, Official Records of Brazos County, Texas.
• Mineral reservation contained in Deed executed by Lydia Boriskie
Partnership to Virginia B. Hermann and Burton Ray Hermann, dated June
28, 2002, recorded in Volume 4710, Page 271, Official Records of Brazos
County, Texas.
• Mineral Reservation contained in Deed executed by Burton Ray Hermann
and wife, Virginia Boriskie Hermann to Oakwood Custom Homes Group,
Ltd., dated November 30, 2004, recorded in Volume 6413, Page 117,
Official Records of Brazos County, Texas.
• Mineral Deed executed by Oakwood Custom Homes Group, Ltd. to Alton
Ofczarzak, dated February 14, 2008, recorded in Volume 8446, Page 93,
Official Records of Brazos County, Texas.
• •
• Oil, Gas and Mineral Lease executed by Lydia F. Boriskie to W & W
Minerals, Inc., dated September 14, 1984, recorded in Volume 744, Page
138, Official Records of Brazos County, Texas.
• Oil, Gas and Mineral Lease executed by Mrs. Lydia Francis Boriskie to
R.L. Reese, dated September 12, 1977, recorded in Volume 29, Page
740, Oil, Gas and Mineral Lease Records of Brazos County, Texas.
• Oil, Gas and Mineral Lease executed by Michael Wayne Thiltgen,
Executor of the Estate of Lydia Frances Boriskie, Deceased to Baker
Exploration Company, dated July 31, 1990, recorded in Volume 1210,
Page 371; amended in instruments recorded in Volume 1317, Page 199,
Volume 1319, Page 7, and Volume 2385, Page 89, all of the Official
Records of Brazos County, Texas.
•
Oil, Gas and Mineral Lease executed by Virginia Hermann to Baker
Exploration Company, dated September 21, 1995, recorded in Volume
2463, Page 13, Official Records of Brazos County, Texas.
• Oil, Gas and Mineral Lease executed by Michael Wayne Thiltgen to Baker
Exploration Company, dated September 21, 1995, recorded in Volume
2463, Page 21, Official Records of Brazos County, Texas.
• Surface Waiver by Oil and Gas Lessee, by and between Union Pacific
Resources Company, HH Exploration, Inc., Inco OH Corp., lnjoy, Ltd.,
Torch Energy Advisors, as Lessees, and Virginia Boriskie Hermann,
Burton Ray Hermann, and Michael W. Thiltgen, Individually and as
Independent Executor of the Estate of Lydia Frances Boriskie, Deceased,
dated March 17, 1998, recorded in Volume 3077, Page 19, Official
Records of Brazos County, Texas.
• Surface Waiver by and between RME Petroleum Corporation, f /k /a Union
Pacific Resources Company, as Operator, and Michael W. Thiltgen,
Individually and as Independent Executor of the Estate of Lydia Frances
Boriskie, Deceased, as Lessor, and Baker Exploration Company as
Lessee, dated May 16, 2001, recorded in Volume 4153, Page 160, Official
Records of Brazos County, Texas
1 •
Curative Matters:
• NONE
• The following note is for informational purposes only:
The following deed(s) affecting said land were recorded within twenty -four (24)
months of the date of this report:
Warranty Deed executed by Oakwood Custom Homes Group, Ltd., a Texas
limited partnership, to TDG Management, L.P., a Texas limited, partnership,
dated March 17, 2011, recorded in Volume 10076, Page 81, Official Records of
Brazos County, Texas. (as to Tracts 1 & 3)
Warranty Deed executed by Lydia Boriskie Partnership, Burton Ray Hermann
and Virginia Boriskie Hermann to Collocation, Inc., dated July 29, 2009, recorded
in Volume 9244, Page 199, Official Records of Brazos County, Texas. (as to
Tract 3)
THIS REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING, EVIDENCED
BY THE ACCEPTANCE OF SAME, THAT THE UNDERSIGNED, LAWYERS TITLE
COMPANY OF BRAZOS COUNTY 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 FOUNDS OF RECORD PERTAINING TO THE
SUBJECT PROPERTY, AND IT IS EXPRESSLY UNDERSTOOD AND AGREED
THAT THIS REPORT IS NEITHER A GUARANTY OR WARRANTY OF THE TITLE. Y
ACCEPTANCE OF THIS TITLE REPORT, IT IS UNDERSTOOD THAT THE LIABILITY
OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO $250.00. THIS SEARCH
HAS BEEN LIMITED TO THE ABOVE MATTERS AND THE ABOVE TIME PERIOD
AND LAWYERS TITLE COMPANY OF BRAZOS COUNTY HAS NOT SEARCHED
FOR, NOR HAS 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), AT THE
SPECIFIED PROMULGATED PREMIUM.
OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, HAVE BEEN
CHECKED THROUGH DECEMBER 26, 2011 @ 7:00 A.M..
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Lawyers Title Company of Brazos County
By: 1i 1' 9.
Tina w ong