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HomeMy WebLinkAboutApplication (12-88) USE -- DATE ^ -��.� ( � \ TIms: CITY orCOI IeoxSnn/om '- Howe of 7,a, *M fmnirm* STAFF: ABANDONMENT OF PUBLIC �nu�v�^n��~��x�omnu~n�n �~n RIGHT-OF-WAY/EASEMENT APPLICATION o"u��n " n —~�" —mn��o^�.x~w�u~nwnu~"� " MINIMUM SUBMITTAL REQUIREMENTS: $700 Abandonment of Public Right-of-Way/Easement Application Fee. EI Application completed in full. This application form provided by the City of College Station must be used and may not be adjusted or altered. Please attach pages if additional information is provided. El All exhibits processed (except for Exhibit No. 4, which will be processed by staff). [ Title report for property current within ninety (90) days or accompanied by a Nothing Further Certificate Current within ninety (90) days. The report must include applicable information such as ownership, liens, encumbrances, etc. For unplatted property, a signed, sealed and dated metes and bounds description and a diagram of the property showing the location of the abandonment. 1 For platted property, a copy of the plat showing the lot, block, subdivision, and recording information. LOCATION OF RIGHT-OF-WAY/EASEMENT TO BE ABANDONED (include legal description): West 20 feet of the property from Church Street to University Drive as detailed in attached recorded easement document. APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name Randy Klein E'moi/ redokox0o@g/noil.00m Street Address F!D. Box 7445 City Houston State TX Zip Code 77248 Phone Number 713'829'3808 Fax Number 832'202'2700 PROPERTY OWNER'S INFORMATION (ALL owners must be identified. Please attach an additional sheet for multiple owners): Name Radakor, LLC E- nndakorlIt@Q/nmil.00/n Street Address: P.O. Box 7445 City Houston State TX Zip Code 77248 Phone Number 713'829'3808 Fax Number 832-202-2700 The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true and correct. IF THIS APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement of the owner. If there is more than one owner, all owners must sign the application or power of attorney. If the owner is a company, the application must be accompanied by proof, authority for the c ompany's representative to sign the app/ication on its behalf. T — � ' , 3— / _ `; 2 , = ___ ignahuro and title / Date 10/10 Page of TO THE MAYOR AND CIT'( COUNCIL OF THE CITY OF COLLEGE STATION: The undersigned hereby makes application for the abandonment of that portion of the above right-of-way particularly described in Exhibit No. 1 attached. In support of this application, the undersigned represents and warrants the following: 1. The undersigned will hold the City of College Station harm|eoa, and indemnify it against all suits, ooata, expenses, and damages that may arise or grow out of such abandonment. 2. Attached, marked Exhibit No. 1, is a sealed metes and bounds description of the area sought to be abandoned, prepared by a Registered Public Surveyor. 3. Attached, marked Exhibit No. 2, is a copy of a plat or detailed sketch of that portion of the public right-of-way/ easement sought to be abandoned and the surrounding area to the nearest streets in all direoUonu, showing the abutting lots and block, and the subdivision in which the above described right-of- way/easement is situated, together with the record owners of such lots. 4. Attached, marked Exhibit No. 3, is the consent of all public utilities to the abandonment. 5. Attached, marked Exhibit No. 4, is the consent of the City of College Station staff to the abandonment. O. Attached, marked Exhibit No. 5, is the consent of aH the abutting property ownem, except the following: (if none, so state) Name E-mail Street Address City State Zip Code Reason consent was not obtained: If objecting, points of objection: Not objecting Agreement ponding due (0 corporate bureaucracy Name E-mail Street Address City State Zip Code Reason consent was not obtained: If objecting, points of objection: Name E-mail Street Address City State Zip Code Reason consent was not obtained: If objecting, points of objection: 10/10 Page 2 of 8 _ / ( 7. That the abandonment will not result in property that does not have access to public roadways or utilities because: Easement is being relocated on our properly 8. That there is no current public need or use for the easement or right-of-way because: Easement is being relocated on our property 9. That there is no anticipated future public need or use for the easement or right-of-way because: Easemenf is being relocated on our properiy 10. That all public utilities have access to serve current and future customers because: Easemont is being relocated ori our property 11. Such public rightofway/easement has been and is being used as foliows: Provide service to 717 Univorsity and 711 University I swear t t all of the information contained in this application is true and correct to the best of my knowledge and belief. '' / (0' ' / 9-/? �� ~/ �|e�� / 3 / - _ ___� Slgnature and title Date STATE DFTEXAS § § ACKNOWLEDGEMENT GOUTY OFBRAZDS § 2_0/ - ' �� ���� / Subscribed to before me, uN�a�Pu���� ~ � day of ///� 053 BILLY HARTMAN Notary Pubic in and for the State of Texas 10/10 Page on(n Application for Abandonment of a Public Right-of-Way/Easement Location: 717 University Drive EXHIBIT NO. 1 Attached is a sealed copy of the metes and bounds description of the public right situated in 717 University Drive Addition/Subdivision to the City of College Station, Brazos County, Texas, sought to be abandoned. 1n/1n Page 4vfV Application for Abandonment of a Public Right-of-Way/Easement location: 717 University Drive The undersigned, City staff of the City of College Station, oarlify that they have carefully considered the Application for Abandonment of the public right-of-wayleasement referred to above from the standpoint of City of College Station ordinances and with respect to present and future needs of the City of College Station and see no objection to the requested abandonment from the City's standpoint. City Engineer City of College Station Zoning Officlal City of College Station Electric Department City of College Station Public Works Director City of College Station Building Officlat City of College Station Fire Marshal City of College Station I rat W 1 ti- Water Services Department t City of College Station Page 7 or a TO/TO 39tid -iI1f1 NOIltl1S 393-lO0 ZSb£P9L6L6 99:ZT 3T©Z/Z9/S9 Application for Abandonment of a Public Right-of-Way/Easement Location: 717 University Drive EXHIBIT -NO. 2 Attached is a copy of a plat or detailed sketch of the public right-of-way/easement sought to be abandoned in the above - mentioned application, showing the surrounding area to the nearest streets in all directions, abutting lots, the block or blocks in which the portion of the public right-of-way/easement sought to be vacated is situated, and the addition or subdivision in which the portion of the public right-of-way/easement sought to be abandoned is situated. Also, the names of record owners of the abutting lots are shown. 10/10 Page 5 of 8 15 5 a6a B! f8 3g 3 i c ]!33.! ig 3� 8}py8 3 FE% y a-a`1 v SA! p3$% d!l}€€ga$€El03 @gsc' k Ya=H a g )gf8ea iiE Q 6 5g �q£€el�,#e!�€S $�g� s! APFii �g i1, ff pypys ;fi$;?i g'1S$'I° ^k No a,lk "NI ,.P ![ . !�6 Pj! :v 7q a� 1 a$ a € @p py gj{ fl 41 y q22q Z , J !6 554p erg �g8. max ll ggpg' Ta d.E 8 _- 5H F� I10 jl � r � if � H F j II �,P � __ _. ii xy` Q�lg ➢i gi gaYa � •r� l¢`l�nli 3A0� AJA FIT M '�, i Ilaufi i� - i „ins wMw-�-1}-�- qi, -- -- - ------ — -- i Application for Abandonment of a Public Right-of-Way/Easement Location: 717 University Drive EXHIBIT NO.3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. ATMOS ENERGY By: Title: VERIZON TELEPHONE COMPANY By: Title: SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: Title: 10/10 Page 6 of 8 Application for Abandonment of a Public Right-of-Way/Easement Location: 717 Un1v8rs11Y Orlve EXHIBIT NQ The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned In the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. ATMOS ENERGY By: Title: VERIZON TELEPHONE COMPANY SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: Title: totto Page 6 of 8 Application for Abandonment of a Public Right-of-Way/Easement Location: 717 University Drive EXHIBIT NO, 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. ATMOS ENERGY By: Title: VERIZON TELEPHONE COMPANY By: Title: SUDDENLINK COMMUNICATIONS Titl BRYAN TEXAS UTILITIES By: Title: i6/10 Page 6 of 8 Application for Abandonment of a Public Right-of-Way/Easement Location: 717 University Drive EXHIBIT NO 9 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned In the Application for Abandonment above refereed to, do hereby consent to the abandonment of the described portion thereof. ATMOS ENERGY By: Title: VERIZON TELEPHONE COMPANY By: Title: SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES �, ^ By:—_"' Title: V �°in -4w Wig Pago a of 6 STEWART TITLE GUARANTY COMPANY SCHEDULE B File No. 151667 (Continued) 9. THE EXCEPTIONS FROM COVERAGE AND EXPRESS INSURANCE IN SCHEDULE B OF THE TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (T-21R). (APPLIES TO TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (T-2R) ONLY. SEPARATE EXCEPTIONS 1 THROUGH 8 OF THIS SCHEDULE B DO NOT APPLY TO THE TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (T-2R). 10. THE FOLLOWING MATTERS AND ALL TERMS OF THE DOCUMENT CREATING OR OFFERING EVIDENCE OF THE MATTERS (WE MUST INSERT MATTERS OR DELETE THIS EXCEPTION.): a. Easements, or claims of easements, which are not recorded in the public records. b. Rights of tenants in possession under any lease or rental agreements. c. Service Utilities and appurtenant facilities as shown on survey prepared February 16, 2012, revised February 22, 2012 by Kevin R. McClure, Registered Professional Land Surveyor, State of Texas, No. 5650. d. Utility Easement from Guaranty Federal Bank, F.S.B. to the City of College Station, Texas, dated June 30, 1994, recorded in Volume 2163, page 223, Official Records of Brazos County, Texas, depicted as a 20' easement along southwest lot line as shown on survey plat prepared February 16, 2012, revised February 22, 2012 by Kevin R. McClure, Registered Professional Land Surveyor, State of Texas, No. 5650. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records, whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral Interests that are not listed. 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. STEWART TITLE GUARANTY COMPANY SCHEDULE C File No. 151667 YOUR POLICY WILL NOT COVER LOSS, COSTS, ATTORNEY'S FEES, AND EXPENSES RESULTING FROM THE FOLLOWING REQUIREMENTS THAT WILL APPEAR AS EXCEPTIONS IN SCHEDULE B OF THE POLICY, UNLESS YOU DISPOSE OF THESE MATTERS TO OUR SATISFACTION, BEFORE THE DATE THE POLICY IS ISSUED: DOCUMENTS CREATING YOUR TITLE OR INTEREST MUST BE APPROVED BY US AND MUST BE SIGNED, NOTARIZED AND FILED FOR RECORD. 2. SATISFACTORY EVIDENCE MUST BE PROVIDED THAT: —NO PERSON OCCUPYING THE LAND CLAIMS ANY INTEREST IN THAT LAND AGAINST THE PERSONS NAMED IN PARAGRAPH 3 OF SCHEDULE A, —ALL STANDBY FEES, TAXES, ASSESSMENTS AND CHARGES AGAINST THE PROPERTY HAVE BEEN PAID, —ALL IMPROVEMENTS OR REPAIRS TO THE PROPERTY ARE COMPLETED AND ACCEPTED BY THE OWNER'S, AND THAT ALL CONTRACTORS, SUB -CONTRACTORS, LABORERS AND SUPPLIERS HAVE BEEN FULLY PAID, AND THAT NO MECHANIC'S, LABORER'S LIENS OR MATERIALMAN'S LIENS HAVE ATTACHED TO THE PROPERTY, —(ON A LOAN'S POLICY ONLY) RESTRICTIONS HAVE NOT BEEN AND WILL NOT BE VIOLATED THAT AFFECT THE VALIDITY AND PRIORITY OF THE INSURED MORTGAGE. 3. THERE IS LEGAL RIGHT OF ACCESS TO AND FROM THE LAND, 4. YOU MUST PAY THE SELLER OR BORROWER THE AGREED AMOUNT FOR YOUR PROPERTY OR INTEREST. 5. ANY DEFECT, LIEN OR OTHER MATTER THAT MAY AFFECT TITLE TO THE LAND OR INTEREST INSURED, THAT ARISES OR IS FILED AFTER THE EFFECTIVE DATE OF THIS COMMITMENT. 6. Deed of Trust dated June 9, 2009, executed by Radakor, LLC to James D. Maclntyre, Trustee, securing one note of even date payable to Central Bank, in the principal amount of $1,600,000.00, recorded in Volume 9147, page 284, Official Records of Brazos County, Texas. (with other property) Assignment of Leases from Radakor, LLC to Central Bank, dated June 9, 2009, recorded in Volume 9688, page 170, Official Records of Brazos County, Texas. Deed of Trust dated August 12, 2010, executed by Radakor, LLC to James D. Maclntyre, Trustee, securing one note of even date payable to Central Bank, in the principal amount of $138,000.00, recorded in Volume 9789, page 98, Official Records of Brazos County, Texas; and as modified in instrument recorded in Volume 10199, page 114, Official Records of Brazos County, Texas. (with other property) Assignment of Leases from Radakor, LLC to Central Bank, dated August 12, 2010, recorded in Volume 9789, page 112, Official Records of Brazos County, Texas, 8. Company will require tax certificates on the subject property showing all taxes paid up to and including the year 2011. STEWART TITLE GUARANTY COMPANY SCHEDULE C File No. 151667 (Continued) 9. Company will require a properly executed Waiver of Inspection. 10. Company will require a properly executed Affidavit as to debts and liens 11. "The title insurance policy being issued to you contains an Arbitration Provision. It allows you or the Company to require arbitration if the amount of Insurance is $2,000,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the Arbitration Provision before the policy is issued. If you are the purchaser in the transaction and elect deletion of the Arbitration Provision, a form will be presented to you at closing for execution. If you are the lender in the transaction and desire deletion of the Arbitration Provision, please inform us through your Closing Instructions." DC7.-22-2003 WED 04,17 PM FAX NO. P. 03 ON"'Y11 SiICB Coipomtiails Suction ot'SIAW p.O.Doa 13697 Austin, Texas 78711-3697 x Office of the Secretary of St:atc CERTIFICATE OF ORGANIZATION Or RADAKOR, LLC Filing Number 800102202- The undersignccl, as Secrolilry of State of Texas, hereby certifies that Articles of O',V0lz;l1ion fur tltc above named company have bern received in this office anti Ilave been found to (0601113 In I:nv. ACCORDINGLY, file undersigned, as Secretary or State, and by villue Of tu+ ;ulillority v fed ill the Secretary bylaw, hereby issilcs this Certificate of Oiganizati011. Issuance of this Certificate of Organization does not authorize the (Isc of a rlurnu in this AaLc ill viol,ltion of the rights of another under the Federal Trademark Act of 1946, the Te,,K. q tradctiuuk In,v, llio Assmned Business or Profewsional Naine Act, or the common law. Datodt 07/1.2/2002 Effective: 07/12/2002 /arc` G P40 Gwyll Elle'j - Scrret;i; Come visit us on file Internet at littp;//wwwsos.Et ItC.tX.u�/ PHONL(512)463-5555 FAX(512)463-5709 Y) I-1 PrcParal by: Rosa hucdai C,61-&-eUU,i WED U4:11 t'11 - h11fi NU, f, U4 0 ARTICLES OF ORGANIZATION OF RADAKOX,LLC i711.E13 !tr lft(�' 011fio of 0 c. •, t tta of l' uy r f r.':xas ., ���:x4t:•.. �. t GC•f1'�r�{ci?;�?I"�:'� b�t'IlAiY The undersigned natural person, being of the age of eighteen (18) yeat5 or xuote, ardog as the organizer of a limited liability company under the Texas Limited 1. ability Comp •trty Act (the "Act"), does hereby adopt the following Articles of Organi2ation; 1, The name of the limited liability company is "RADAXOI�, 1.1,f." (ti;,: "i..iraillca . Liability Company"), 2. The period of the duration, of the Limited Liability Couipi ny 19 peypewj. 3. The purpose of purposes for which the Limited Liability Company is n4-iAj)i2ed is tide lransactlon of any and all lawful business for which limited liability coInparues nray tic, ar,;anizzd under the Act, 4. The post office address of the initial registered office in Texas of tlic T irah'rd.7..iahility Company is 1710 Droxford, Houston, Texas 77008, and the rlamxe of its ittitia.i rcwi;star� 1 a1,ent at such address is Randall D, Klein, Jr. S. The Company is to be managed by managers, The namos and addrryses of tine i•etsotls who will serve ac the 'initial managers of the Company are; Sheila Klein 1710 Droxford Houston, Texas 77008 Mary Ann O'Reilly 1t7777 Westhaimer, Suite 1125 Houston, Texas 77042 Val LL LUUJ WL'U U4- 10 III i inn, nv� m � 6, The name and ad&css of the organizer of the Limited 'Liability Cotvpxq are: Brian K. Bosien Cokinos Bosien & Young 2919 Allen Parkway, Suite 1500 Houston, Texas 77019 IN pJ'jTNt.,ffiS WHEREOF, ft undersipned has bereunto Set lie hand this 120-t day orJuly, 2002. ORGANIZER, BRJAN K. SOSIEN F:\R'PllUCS\l';�.27��Lttrkb 11tv�4;wptt(1)ges -2- MANAGERS' AND MEMBERS CONSENT We the undersigned, being the only Members and Managers of Radakor, LIX, a Texas corporation (the "Company") hereby acknowledge and affirm That the duly appointed and acting Officer's of the Company are: Randall D. Klein, Jr. President Dale S. O'Reilly Vice President and Secretary We further acknowledge and affirm that the signatures of one or both Officers shall legally bind the Company with regard to any documents or agreements signed on behalf of the Company. Executed on the date indicated next to each signature below to be effective as of December 19, 2005. mo— Date: (,a ; , (-�;._} v` '^' 1 v � Mar}'A'n O'Reilly —�-- Membee and Manager I Sheila Klein Member and Manager Application for Abandonment of a Public Right-of-Way/Easement Location: 717 University Drive EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above from the standpoint of City of College Station ordinances and with respect to present and future needs of the City of College Station and see no objection to the requested abandonment from the City's standpoint. City n !near City'of College St tion Zoning Official City of College Station Electric Department City of College Station Public Works Director City of College Station 10/10 C � 4 s�, Building Official City of College Station Fire Marshal City of College Station Water Services Department City of College Station Page 7 of 8 04/27/2012 09:03 FAX 979704340,1 COLLEGE-STATION-FI) [a 001/001 Application for Abandonment of a Public Rlght•of-Way/Easemanl Location: 717 Unlvarsfty Drive EXHIBIT NO, 4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right•of-way/easement referred to above from the standpoint of City of College Station ordinances and with respect to present and future needs of the City of College Station and see no objection to the requested abandonment from the City's standpoint. City Engineer Building Official City of College Station City of College Station Zoning Of clal Fire Mershe! City of College Station City of College Station Electric Department City of College Station Pub c Works Diredor City of College SWIM 10/10 Water Services Department City of College Station Page 7 of a Application for Abandonment of a Public Right-of-Way/Easoment Location: 717 University Drlvo yJT-_O.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above from the standpoint of City of College Station ordinances and with respect to present and future needs of the City of College Station and see no objection to the requested abandonment from the City's standpoint. City Engineer City of College station Zo—niny Official ---' City of College Station Building Official City of College station Fire Ntarsha� �-------'-'-- City of College Station d' lectr�ent Water Services Department City of College Station City of College Station Public Works Director City of College Station 10110 Page 7 of 8 Application for Abandonment of a Public Right-of-Way/Easement Location: 717 University EXHIBIT NO.-5 The undersigned, owners of property abutting upon that portion of the public right-of-way/easement named and described in the Application for Abandonment of a Public Righ�of-Way/Easement referred to above, do hereby consent to such abandonment. ,%""-,% f \ (% ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: tWO Print Form Page 8 of 8 THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. COMMITMENT FOR TITLE INSURANCE ISSUED BY title guaranty company e We, STEWART TITLE GUARANTY COMPANY, will issue our title Insurance policy or policies (the Policy) to You (the proposed Insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your Interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. In witness whereof, the Company has caused this commitment to be signed and sealed as of the effective date of commitment as shown in Schedule A, the commitment to become valid and binding only when countersigned by an authorized signatory. Countorsigned by: A zed Signature BRAZOS COUNTY ABSTRACT COMPANY Company Bryan, Texas City, State C—•Hflo9 anrycomPmy itr0 !• Senior chairman o the Boar ,�,ho �k'R { '}' RI Chairman o the B rd p President 685 Rev, 11/1/09 STEWART TITLE GUARANTY COMPANY SCHEDULE A Effective Date: February 23, 2012 at 8:00 AM File No.: 151667 Commitment issued February 24, 2012 1. POLICY OR POLICIES TO BE ISSUED ARE: (aj OWNER'S POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for Improved one -to -four family raciRanfial real estate) POLICY AMOUNT: PROPOSED INSURED: CAMPUS ACQUISITIONS HOLDINGS, LLC, A DELAWARE LIMITED LIABILITY COMPANY (b) TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE -- ONE -TO -FOUR FAMILY RESIDENCES (Form T-1R) POLICY AMOUNT: PROPOSED INSURED: (c) LOAN POLICY OF TITLE INSURANCE (Form T-2) POLICY AMOUNT: PROPOSEDINSURED: PROPOSED BORROWER: (d) TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T-2R) POLICY AMOUNT: PROPOSEDINSURED: PROPOSED BORROWER: (a) LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) POLICY AMOUNT: PROPOSEDINSURED: PROPOSED BORROWER: (f) OTHER POLICY AMOUNT: PROPOSEDINSURED: 2. THE INTEREST IN THE LAND COVERED BY THIS COMMITMENT IS: FEE SIMPLE 3. RECORD TITLE TO THE LAND ON.THE EFFECTIVE DATE APPEARS TO BE VESTED IN: RADAKOR,LLC BRAZOS COUNTY ABSTRACT COMPANY uthorized Signature STEWART TITLE GUARANTY COMPANY SCHE__ _ DULE A_ File No. 161667 4. LEGAL DESCRIPTION OF THE LAND: Being all that certain tract or parcel of land lying and being situated in J.E. SCOTT LEAGUE, Abstract No. 50 in College Station, Brazos County, Texas and being all of the called 0.986 acre tract described in the deed from Curtis D, Hodgson to Radakor, LLC recorded in Volume 7609, Page 150 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 chiseled "x" mark in concrete marking the south corner of the called 0.986 acre tract, the east corner of the called 1.622 acre College Station State Bank tract recorded in Volume 189, Page 403 of the Brazos County Deed Records (B.C.D.R.) and being in the northwest right-of-way seled "x" line of F.M. Highway No. 60 (commonly known as University Drive), from whence a found chi mark marking the south corner of the called 1.622 acre Bank tract bears S 42° 00' 17" W of 200.00 feet for reference; at a distance Nl 0.986 acre Radakor, LLC tract and he called 1.622'acrel College Station Bank tract fora dis ancel of 314.37 feet to a found 5/8-inch iron rod marking the west corner of this tract and being in the south right-of-way line of Church Street (based on a 40-foot width as recorded in Volume 303, Page 823 (B.C.D.R.); THENCE: N 42° 16' 49" E (Deed Call N 440 25' 00" E — 61.20') along said Church Street right-of-way for a distance of 61.33 feet to a found 1/2-inch iron rod for the Point of Curvature of a curve to the right; THENCE: 47.42 feet along the arc of said curve having a central angle of 640 41' 35", a radius of 42.00 feet, a tangent of 26.60 feet and a long chord bearing N 74° 37' 36" E at a distance of 44.94 feet to a found 1/2-inch iron rod for the Point of Tangency; THENCE: S 730 01, 36" E (Deed Call S 700 24' 57" E — 119,51') continuing along said Church Street right-of-way line for a distance of 119.56 feet to a found chiseled "x" mark in concrete marking the intersection of said right-of-way line with the northeast line of the called 0.986 acre tract, from whence a found 5/8-inch iron rod bears N 470 40' 47" W at a distance of 93.44 feet for reference; THENCE: S 470 44' 43" E (Deed Call S 45° 22' 10" E) along the northeast line of the called 0.986 acre tract and the southwest right-of-way line of said Church Street for a distance of 182.21 feet to a 1/2-inch iron rod set for the east corner of this tract, said iron rod also being in the beforesaid northwest right-of- way line of University Drive; THENCE: S 42° 16' 09" W (Deed Call S 44° 38' 42" W) along the said University Drive line for a distance of 150.00 feet to the POINT OF BEGINNING and containing 0,9863 acres (42,963.3 sq. ft.) of land, more or less. And being the same property described in Deed from Curtis D. Hodgson to Radakor, LLC, dated August 30, 2006, and recorded in Volume 7609, page 150, Official Records of Brazos County, Texas. TE: The Company s prohibited from atin above' legal description of the area or ta or quantity of land is not statementnd described herein, Any a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override item 2 of Schedule B hereof. STEWART TITLE GUARANTY COMPANY SCHEDULE B File No. 151667 EXCEPTIONS FROM COVERAGE IN ADDITION TO THE EXCLUSIONS AND CONDITIONS AND STIPULATIONS, YOUR POLICY WILL NOT COVER LOSS, COSTS, ATTORNEY'S FEES, AND EXPENSES RESULTING FROM: THE FOLLOWING RESTRICTIVE COVENANTS OF RECORD ITEMIZED BELOW (WE 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. (APPLIES TO THE OWNER'S POLICY ONLY.) 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. (APPLIES TO THE OWNER'S POLICY ONLY.) 5. STANDBY FEES, TAXES AND ASSESSMENTS BY ANY TAXING AUTHORITY FOR THE YEAR 2012, 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'S OF THE PROPERTY UNDER SECTION 11.13, TEXAS TAX CODE, OR BECAUSE OF IMPROVEMENTS NOT ASSESSED FOR A PREVIOUS TAX YEAR. (IF TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (T-2R) IS ISSUED, THAT POLICY WILL SUBSTITUTE "WHICH BECOME DUE AND PAYABLE SUBSEQUENT TO DATE OF POLICY" IN LIEU OF "FOR THE YEAR 2012 AND SUBSEQUENT YEARS.") 6. THE TERMS AND CONDITIONS OF THE DOCUMENTS CREATING YOUR INTEREST IN THE LAND 7. MATERIALS FURNISHED OR LABOR PERFORMED IN CONNECTION WITH PLANNED CONSTRUCTION BEFORE SIGNING AND DELIVERING THE LIEN DOCUMENT DESCRIBED IN SCHEDULE A, IF THE LAND IS PART OF THE HOMESTEAD OF THE OWNER'S. (APPLIES TO THE LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN ONLY, AND MAY BE DELETED IF SATISFACTORY EVIDENCE IS PROVIDED TO US BEFORE A BINDER IS ISSUED.) 8. LIENS AND LEASES THAT AFFECT THE TITLE TO THE LAND, BUT THAT ARE SUBORDINATE TO THE LIEN OF THE INSURED MORTGAGE. (APPLIES TO LOAN POLICY (T-2) ONLY.)