HomeMy WebLinkAboutTitle Report Brazos County Abstract Company
"More Than 140 Years of Title Service"
P.O. Box 4704 Phone: (979) 731 -1900 3800 Cross Park Drive
Bryan, Texas 77805 -4704 Fax: (979 713 -8352 Bryan, Texas 77802
Title Report Prepared
for
MR. KENT LAZA
PHILLIPS ENGINEERING
4490 CASTLEGATE DRIVE
COLLEGE STATION, TEXAS 77845
Experience Matters
Brazos Comity Abstract Company
"More than 140 Years of Title Service"
EFFECTIVE DATE: July 3, 2012 at 8 o'clock A.M.
GE NO. 152473
PROPERTY DESCRIPTION:
Being all that certain lot, tract or parcel of land lying and being situated in
Brazos County, Texas and being Lot One (1), Block One (1), TIIE
BARRACKS II SUBDIVISION, PHASE 100, an addition to the City of
College Station, Texas, according to plat recorded in Volume 10570, page
293, Official Records of Brazos County, Texas.
TITLE APPEARS TO 13E VESTED IN:
HEATH PHILLIPS INVESTMENTS, LLC
by Warranty Deed with Vendor's Lien from Arrenia H. Ellis, Florence H. King, Lewis M. Haupt,
III and Luella H. Trotter, dated May 13, 2012, recorded in Volume 9627, page 73, Official
Records of Brazos County, Texas.
SUBJECT TO:
I. LIENS: Deed of Trust, Security Agreement, Fixtures, Financing Statement and
Assignment of Rents and Leases dated October 4, 2011, executed by Heath
Philips Investments, LLC to Tom Giesenschlag, Trustee, securing one note
of even date payable to Greens Prairie Investors, Ltd,, in the principal
amount of $2,600,000.00, recorded in Volume 10364, page 96, Official
Records of Brazos County, Texas.
2. ABSTRACT OF JUDGMENT /FEDERAL AND /OR STATE LIENS:
NONE OF RECORD
3, EASEMENTS:
Easements and building lines as shown of record on plat of The Barracks II
Subdivision, Phase 100, recorded in Volume 10570, page 293, Official
Records of Brazos County, Texas.
Right-of-Way Easement from J. W. Mochas to Sinclair Refining Company,
Experience Matters
qTa razos County Abstract Company
"More than 140 Years of Title Service"
dated September 6, 1947, recorded in Volume 132, page 68, Deed Records
of Brazos County, Texas,
Right-of-Way Easement from P. D. Gandy et ux to City of Bryan, dated
December 22, 1949, recorded in Volume 141, page 392, Deed Records of
Brazos County, Texas.
Right -of -Way Easement from Arrenia Haupt Ellis et al to Wellborn Special
Utility District, dated May 12, 1999, recorded in Volume 3645, page 298,
Official Records of Brazos County, Texas.
Temporary Blanket Utility Easement from Heath Phillips Investments, LLC
to City of College Station, Texas, dated November 1, 2011, recorded in
Volume 10420, page 239, Official Records of Brazos County, Texas.
4. OUTSTANDING MINERALS AND /OR ROYALTIES:
Royalty reservation in Deed from S. F. Machos et al to P, D. Gandy, dated
October 3, 1949, recorded in Volume 140, page 614, Deed Records of
Brazos County, Texas. Title to this reservation has not been traced
subsequent to the date of the above -cited instrument.
Mineral and groundwater reservation in Deed from Arrenia H. Ellis, et al to
Heath Phillips Investments, LLC, dated May 13, 2010, recorded in Volume
9637, page 73, Official Records of Brazos County, Texas. Title to this
reservation has not been traced subsequent to the date of the above -citcd
instrument.
5. OIL & GAS LEAST ?S:
Estate created by Oil and Gas Leases from Florence IIaupt King et al to
Baker Exploration Company, dated December, 1993, recorded in Volume
2020, pages 93, 113, 122 and 140, Official Records of Brazos County,
Texas. Title to this Iease has not been traced subsequent to the date of the
above -cited instrument.
Estate created by Oil and Gas Lease from Lewis M. Haupt to Baker
Exploration Company, dated January 5, 1994, recorded in Volume 2020,
page 146, Official Records of Brazos County, Texas. Title to this lease has
not been traced subsequent to the date of above -cited instrument.
Experience Matters
,.. '' Brazos Comity Abstract Company
"More than 140 Years of Title Service"
6, RESTRICTIONS: Restrictive covenants recorded in Volume 8986, page 115 and Volume
10671, page 145, Official Records of Brazos County, Texas,
7, TAXES: NO SEARCII MADE
8. MISCELLANEOUS: 'Perms, conditions and stipulations contained in Bill of Sale for Water rights
from Haupt Fatnily Partnership to the Haupt Water Partnership, dated
December 7, 2000, recorded in Volume 4012, page 288, Official Records of
Brazos County, Texas.
The terms, conditions and stipulations contained in the Declaration of
Covenants, Conditions and Restrictions, executed by Greens Prairie
Investors, Ltd., dated March 3, 2009, recorded in Volume 8986, page 115
and amended in Volume 10671, page 145 and management certificate in
Volume 9520, page 215, Official Records of Brazos County, Texas.
Maintenance charge as set forth in the Declaration of Covenants, Conditions
and Restrictions executed by Greens Prairie Investors, Ltd., dated March 3,
2009, recorded in Volume 8986, page 115 and amended in Volume 10671,
page 145, Official Records of Brazos County, Texas.
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 or not. There may
be leases, grants, exceptions or reservations of mineral interests that are not
listed.
THIS TITLE REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING, EVIDENCED BY
THE ACCEPTANCE OF SAME THAT THE UNDERSIGNED, BRAZOS COUNTY ABSTRACT
COMPANY 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 REPORTER THEREIN, INCLUDING THE
PURPORTED DEED(S) ESTABLISHING TILE RECORD OWNER(S) CITED ABOVE, BUT IS
SIMPLY REPORTING BRIEFLY HEREIN AS 1'0 TIIE INSTRUMENTS FOUND OF RECORD
PERTAINING TO SAID PROPERTY, AND IT IS EXPRESSLY UNDERSTOOD AND AGREED
THAT THIS TITLE REPORT LS NEITHER A GUARANTY NOR WARRANTY 01? THE TITLE.
BY ACCEPTANCE OF THIS TITLE REPORT IT IS UNDERSTOOD THAT THE LIABILITY
OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO THE ACTUAL MONETARY
CONSIDERATION PAID FOR SAID REPORT BY PHILLIPS ENGINEERING. THIS SEARCH
HAS BEEN LIMITED TO THE ABOVE MATTERS AND THE ABOVE TIME PEIRIOD; AND
Experience Mailer's
v.
Brazos County Abstract Company
"More than 140 Years of Title Service"
WE HAVE NOT SEARCHED FOR, NOR HAVE REFLECTED HEREIN, ANY EXAMINATION
AS TO TAX SUITS, SPECIAL ASSESSMENTS, CONFLICTS OR OTHER INSTRUMENTS
WHICH MAY AFFECT TITLE TO THE SUI3JECT PROPERTY. IF TITLE INSURANCE
COVERAGE, WINCH IS NOT PROVIDED BY THIS REPORT, IS NEEDED, SAID
COVERAGE IS AVAILABLE THROUGH THE APPLICABLE PROMULGATED
POLICY(IES), AND AT A SPECIFIED RA'T'E PREMIUM.
BRAZOS COUNTY ABSTRACT COMPANY
)
BY: i -")u :+_. ).r/» )
LISA KEMP
Experience Matters
K • •
10*. B razos County Abstract Company
"More Than 140 Years of Title Service"
P.O. Box 4704 Phone: (979) 731 -1900 3800 Cross Park Drive
Bryan, Texas 77805 -4704 Fax: (979 713 -8352 Bryan, Texas 77802
BCAC GF NO. 152422
Title Report Prepared June 28, 2012
for
PHILLIPS ENGINEERING
Attention: KENT LAZA
Experience Matters
Brazos County Abstract Company
"More than 140 Years of Title Service"
EFFECTIVE DATE: June 27, 2012 at 8:00 a.m.
GF NO. 152422
PROPERTY DESCRIPTION:
Being all those certain lots, tracts or parcels of land lying and being situated
in Brazos County, Texas and being Lots One (1), Two (2), Three (3), Four
(4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11),
Twelve (12), Thirteen (13) and Fourteen (14), Block Seven (7), THE
BARRACKS II SUBDIVISION, PHASE 100, an addition to the City of
College Station, Texas, according to plat recorded in Volume 10570, page
293, Official Records of Brazos County, Texas.
TITLE APPEARS TO BE VESTED IN:
SUPERIOR STRUCTURES, LLC
by Warranty Deed from Heath Phillips Investments, LLC, dated April 25, 2012, recorded in
Volume 10641, page 231, Official Records of Brazos County, Texas. (Lots 1-5 and 10 -14)
and
by Warranty Deed from Heath Phillips Investments, LLC, dated May 14, 2012, recorded in
Volume 10676, page 68, Official Records of Brazos County, Texas. (Lots 6 -9)
SUBJECT TO:
1. LIENS:
1. Deed of Trust, Security Agreement, Fixtures, Financing Statement and
Assignment of Rents and Leases dated October 4, 2011, executed by Heath
Phillips Investments, LLC to Tom Giesenschlag, Trustee, securing one note
of even date payable to Greens Prairie Investors, Ltd., in the principal
amount of $2,600,000.00, recorded in Volume 10364, page 96, Official
Records of Brazos County, Texas. (Lots 6 -9)
2. Deed of Trust and Security Agreement dated April 25, 2012, executed by
Superior Structures, LLC to David Zalman, Trustee, securing one note of
even date payable to Prosperity Bank, in the principal amount of
$1,520,000.00, recorded in Volume 10641, page 235, Official Records of
Brazos County, Texas. (Lots 1 -5 and 10 -14)
Experience Matters
• •
Brazos County Abstract Company
"More than 140 Years of Title Service"
2. ABSTRACT OF JUDGMENT /FEDERAL AND /OR STATE LIENS:
NONE OF RECORD.
3. EASEMENTS: Easements as shown of record on plat of The Barracks II Subdivision, Phase
100, recorded in Volume 10570, page 293, Official Records of Brazos
County, Texas.
Right -of -Way Easement from J. W. Mochas to Sinclair Refining Company,
dated September 6, 1947, recorded in Volume 132, page 68, Deed Records
of Brazos County, Texas.
Right -of -Way Easement from P. D. Gandy, et ux to City of Bryan, dated
December 22, 1949, recorded in Volume 141, page 392, Deed Records of
Brazos County, Texas.
Right -of -Way Easement from Arrenia Haupt Ellis, et al to Wellborn Special
Utility District, dated May 12, 1999, recorded in Volume 3645, page 298,
Official Records of Brazos County, Texas.
Temporary Blanket Utility Easement from Heath Phillips Investments, LLC
to City of College Station, Texas, dated November 1, 2011, recorded in
Volume 10420, page 239, Official Records of Brazos County, Texas.
4. OUTSTANDING MINERALS AND /OR ROYALTIES:
Royalty reservation in Deed from S. F. Machos, et al to P. D. Gandy, dated
October 3, 1949, recorded in Volume 140, page 614, Deed Records of
Brazos County, Texas. Title to this reservation has not been traced
subsequent to the date of the above -cited instrument.
Mineral and groundwater reservation in Deed from Arrenia H. Ellis, et al to
Heath Phillips Investments, LLC, dated May 13, 2010, recorded in Volume
9627, page 73, Official Records of Brazos County, Texas. Title to this
reservation has not been traced subsequent to the date of the above -cited
instrument.
5. OIL & GAS LEASES: Estate created by Oil and Gas Leases from Florence Haupt King, et al to
Baker Exploration Company, dated December, 1993, recorded in Volume
2020, pages 93, 113, 122 and 140, Official Records of Brazos County,
Texas. Title to this lease has not been traced subsequent to the date of the
above -cited instrument.
Estate created by Oil and Gas Lease from Lewis M. Haupt to Baker
Exploration Company, dated January 5, 1994, recorded in Volume 2020,
Experience Matters
• •
Y Brazos County Abstract Company
"More than 140 Years of Title Service"
page 146, Official Records of Brazos County, Texas. Title to this lease has
not been traced subsequent to the date of the above -cited instrument.
6. RESTRICTIONS: Restrictive covenants recorded in Volume 8986, page 115, Volume 10570,
page 293 (on plat), Volume 10671, page 145 and Volume 10684, page 5,
Official Records of Brazos County, Texas.
7. TAXES: NO SEARCH MADE
8. MISCELLANEOUS: Terms, conditions and stipulations contained in Bill of Sale for Water rights
from Haupt Family Partnership to the Haupt Water Partnership, dated
December 7, 2000, recorded in Volume 4012, page 288, Official Records of
Brazos County, Texas.
The terms, conditions and stipulations contained in the Declaration of
Covenants, Conditions and Restrictions, executed by Greens Prairie
Investors, Ltd., dated March 3, 2009, recorded in Volume 8986, page 115
and amended in Volume 10671, page 145 and management certificate in
Volume 9520, apge 215, Official Records of Brazos County, Texas.
Maintenance charge as set forth in the Declaration of Covenants, Conditions
and Restrictions executed by Greens Prairie Investors, Ltd., dated March 3,
2009, recorded in Volume 8986, page 115 and amended in Volume 10671,
page 145, Official Records of Brazos County, Texas.
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 or not. There may
be leases, grants, exceptions or reservations of mineral interests that are not
listed.
THIS TITLE REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING, EVIDENCED BY
THE ACCEPTANCE OF SAME THAT THE UNDERSIGNED, BRAZOS COUNTY ABSTRACT
COMPANY 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 FOUND OF RECORD
PERTAINING TO SAID PROPERTY, AND IT IS EXPRESSLY UNDERSTOOD AND AGREED
THAT THIS TITLE REPORT IS NEITHER A GUARANTY NOR WARRANTY OF THE TITLE.
BY ACCEPTANCE OF THIS TITLE REPORT IT IS UNDERSTOOD THAT THE LIABILITY
OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO THE ACTUAL MONETARY
CONSIDERATION PAID FOR SAID REPORT BY PHILLIPS ENGINEERING. THIS SEARCH
HAS BEEN LIMITED TO THE ABOVE MATTERS AND THE ABOVE TIME PERIOD; AND
Experience Matters
0 9
F B razos County Abstract Company
"More than 140 Years of Title Service"
WE HAVE NOT SEARCHED FOR, NOR HAVE 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), AND AT A SPECIFIED RATE PREMIUM.
BRAZOS COUNTY ABSTRACT COMPANY
B al l� ..?!------
/ VAN ETTEN
Experience Matters