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HomeMy WebLinkAbout12-00500232- 00077729 FOR OFFIC ' E O Y OLF CASE NO.: // E y� DATE SUBMITTED: NM= CITY op COI I,i:ci:STATION TIME: i Home of Mal l &M Uninunity' STAFF: ABANDONMENT OF PUBLIC RIGHT -OF- WAY /EASEMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: "$700 Abandonment of Public Right -of- Way /Easement Application Fee. © 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. © All exhibits processed (except for Exhibit No. 4, which will be processed by staff). ifgr 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. © 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): See the attached Exhibit No. 1 APPLICANT /PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name RME Consulting En (c/o Rabon Metcalf) E -mail rabon @rmengineer.com Street Address PO Box 9253 City College Station State TX Zip Code 77842 Phone Number ( 764 -0704 Fax Number ( 764 -0704 PROPERTY OWNER'S INFORMATION (ALL owners must be identified. Please attach an additional sheet for multiple owners): Name The Texas A &M University System E -mail chancellor@tamiis.edu_._ Street Address: John B. Connally Building, 6th Floor, 301 Tarrow City College Station State Texas Zip Code 77840 -7896 Phone Number (979) 458 -6350 _ Fax Number (979) 458 -6150 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 of au ority + .r the c parry's representative to sign the application on its behalf. . , _ 1 2-3o�* 1-2 ,....... Signature and itle Date John Sharp Chancell_o' 10/10 Pagel of TO THE MAYOR AND CITY 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: To the extent authorized by the Constitution and laws of the State of Texas, 1. The undersigned will hold the City of College Station harmless, and indemnify it against all suits, costs, 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 directions, 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 Tots. 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. 6. Attached, marked Exhibit No. 5, is the consent of all the abutting property owners, except the following: (if none, so state) Name NOT APPLICABLE — 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: — - 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: Subject property will have direct roadway access to Cross Street, Inlow Blvd, and Dogwood Street. Water and sanitary sewer is available and adjacent to the site along Inlow Blvd and Cross Street. 8. That there is no current public need or use for the easement or right -of -way because 'Property is under the ownership of TAMU Development plans consist of student housing apartment complex, conforming with NG -3 standards (as agreed upon with CoCS P &DS), which will no longer require these right -of- ways and easements. _ 9. That there is no anticipated future public need or use for the easement or right -of -way because: Student housing apartment complex will utilize vehicular access to Cross Street and lnlow Blvd. Water and sanitary sewer utilities, within the project, will be owned and operated by TAMU. Separate easements will be dedicated for CoCS electrical as necessary . 10. That all public utilities have access to serve current and future customers because: All public utilities have direct access to the project site either by means of right -of -way or easement. 11. Such public right -of- way /easement has been and is being used as follows: Property that is surrounding, or that contains, the right -of -ways and easements, has been vacated of their former use and are currently not containing or experiencing activity. I swear that all of the information contained in this application is true and correct to the best of my knowledge and belief 1...E l 4P t /7 � Signature and title Date John Sharp, (iancellor STATE OF TEXAS § § ACKNOWLEDGEMENT COUTY OF BRAZOS § J Subscx d,and syyp n to before me, a Notary Public, this J ` day of ,� _ — _ , 20D'by f _ MELISSA PARMI n JANUARY 12.2015 AUi( Notary Pu in and for - - - the State of Texas 10/10 Page 3 of 8 1 1 1 4 UN! Ya. (0 THE TEXAS A &M UNIVERSITY SYSTEM m :� 1 Office of General Counsel c 1: October 11, 2012 City Of College Station Attn: Public Works Department P.O. Box 9960 College Station, TX 77842 RE: Texas A &M University System and American Campus Communities Abandonment of Public Right -of -Way Application Dear Sir or Madam: I am an Assistant General Counsel for The Texas A &M University System ( "TAMUS "), Office of General Counsel. On February 9, 2012, the Board of Regents of The Texas A &M University System authorized the Chancellor, or Designee, to negotiate and execute a Ground Lease Agreement with American Campus Communities, Inc. ( "ACC "), for the construction, maintenance and operation of a campus housing facility. In order to facilitate construction, ACC has requested that the City of College Station abandon right -of -ways for Milam Street and a portion of Culpepper Street and a 0.55 acre public utility easement. TAMUS System Policy 41.01 grants the Chancellor of TAMUS the authority to: "...execute and deliver on behalf of the Board, all contracts, agreements, closing documents, deeds, assignment, leases, easement, permits, license, listing agreement, division order and all other documents necessary to carry out the powers granted to the Chancellor by this policy, and to perform other specific real property transactions authorized by the Board." In my capacity as a TAMUS Attorney, I have reviewed the Abandonment of Public Right -of -Way /Easement Application (the "Application ") to the City of College Station and I am of the opinion that the Chancellor has the requisite power and authority to execute and deliver the Application on behalf of TAMUS as property owner. 301 Tarrow Street, 6th Floor • College Station, Texas 77840 -7896 979.458.6120 • 979.458.6150 fax • www.tamus.edu City Of College Station October 11, 2012 Page 2 Should you have any questions or concerns regarding any of the foregoing, do not hesitate to contact me at (979) 458 -6138, fax no. (979) 458 -6150 or email me at e- gose@tamu.edu. Very truly yours, D DIE D. GOSE, J.D. Assistant General Counsel Office of General Counsel The Texas A &M University System EDG:mjh Enclosure Application for Abandonment of a Public Right -of -Way /Easement Location Portion of Culpepper Dr, Milam Ave, & 0.55 AC of PUE EXHIBIT NO. 1 Attached is a sealed copy of the metes and bounds description of the public right -of- way /easement situated in All of Blocks 9 & 10 & Lots 1 -10, Block 12 of the Oak Terrace Addition, 2nd Revision Addition /Subdivision to the City of College Station, Brazos County, Texas, sought to be abandoned 10/10 Page 4 of 8 METES AND BOUNDS DESCRIPTION OF A 0.77 ACRE TRACT CULPEPPER STREET RIGHT -OF -WAY SECOND REVISION, OAK TERRACE ADDITION COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF CULPEPPER STREET RIGHT -OF -WAY (40' R.O.W.) LYING BETWEEN BLOCK 9 AND THE RESERVE STRIP ADJACENT TO SOUTH COLLEGE AVENUE, FROM CROSS STREET (50' R.O.W.) TO INLOW BOULEVARD (39' R.O.W.), SECOND REVISION, OAK TERRACE ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 152, PAGE 237 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF CROSS STREET MARKING AN EASTERLY CORNER OF LOT 13, BLOCK 9, AND THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 30.00 FEET, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF CROSS STREET MARKING THE A SOUTHERLY CORNER OF SAID BLOCK 9 BEARS: S 41° 57' 14" W FOR A DISTANCE OF 224.00 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 59' 31" FOR AN ARC DISTANCE OF 47.12 FEET (CHORD BEARS: N 03° 02' 32" W - 42.42 FEET) TO A 5/8 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF CULPEPPER STREET MARKING THE END OF SAID CURVE; THENCE: N 48° 02' 17" W ALONG THE SOUTHWEST LINE OF CULPEPPER STREET, SAME BEING THE NORTHEAST LINE OF SAID BLOCK 9, FOR A DISTANCE OF 800.33 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 30.00 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 58° 18' 38" FOR AN ARC DISTANCE OF 30.53 FEET (CHORD BEARS: N 77° 11' 37" W - 29.23 FEET) TO THE END OF SAID CURVE ON THE SOUTHEAST LINE OF INLOW BOULEVARD; THENCE: N 73° 39' 04" E ALONG THE EXTENSION OF THE SOUTHEAST LINE OF INLOW BOULEVARD AND ACROSS THE RIGHT -OF -WAY OF CULPEPPER STREET FOR A DISTANCE OF 81.67 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 10.00 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 121° 41' 21" FOR AN ARC DISTANCE OF 21.24 FEET (CHORD BEARS: S 12° 48' 23" W - 17.47 FEET) TO THE END OF SAID CURVE ON THE NORTHEAST LINE OF CULPEPPER STREET THENCE: S 48° 02' 17" E ALONG THE NORTHEAST LINE OF CULPEPPER STREET, SAME BEING 1 THE SOUTHWEST LINE OF SAID RESERVE STRIP, FOR A DISTANCE OF 794.43 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 10.00 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00" FOR AN ARC DISTANCE OF 15.71 FEET (CHORD BEARS: N 86 ° 57' 14" E — 14.14 FEET) TO THE END OF SAID CURVE; THENCE: S 41° 57' 14" W ALONG THE EXTENSION OF THE NORTHWEST LINE OF CROSS STREET FOR A DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.77 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND JULY 2012 AND VISUALLY CHECKED SEPTEMBER 2012. SEE PLAT PREPARED OCTOBER 2012 FOR MORE DESCRIPTIVE INFORMATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 � 4 � r� L k e iP 1� eS 'aC ea ca 000 0eeuec, e•.,,o. �; ;, { D: /WORK/MAB /12- 658B.MAB ���<� o� eyeoa,.o.. a-AD K�11R oq 4502 tip` cf V , `roc . 10f6o S11R�6 2 METES AND BOUNDS DESCRIPTION OF A 10' UTILITY EASEMENT BLOCK 9 SECOND REVISION, OAK TERRACE ADDITION COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF A 10.00 FOOT WIDE UTILITY EASEMENT LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING ALL OF THAT 10.00 FOOT WIDE UTILITY EASEMENT LYING IN BLOCK 9, SECOND REVISION, OAK TERRACE ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 152, PAGE 237 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF CULPEPPER DRIVE (40' R.O.W.) MARKING THE NORTHEAST CORNER OF LOT 13, BLOCK 9, AND THE BEGINNING OF A TRANSITION CURVE, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF CROSS STREET (50' R.O.W.) MARKING THE SOUTHEAST CORNER OF SAID LOT 13 AND THE END OF SAID TRANSITION CURVE BEARS: S 03° 02' 32" E FOR A DISTANCE OF 42.42 FEET; THENCE: N 48° 02' 17" W ALONG THE SOUTHWEST LINE OF CULPEPPER DRIVE FOR A DISTANCE OF 90.02 FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED EASEMENT; THENCE: S 41° 58' 38" W ALONG THE SOUTHEAST LINE OF SAID EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE NORTHWEST LINE OF LOTS 13 -16, FOR A DISTANCE OF 284.00 FEET TO THE NORTHEAST LINE OF MILAM AVENUE (50' R.O.W.), FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE NORTHEAST LINE OF MILAM AVENUE MARKING THE SOUTHWEST CORNER OF SAID LOT 16 BEARS: S 48° 02' 17" E FOR A DISTANCE OF 90.13 FEET; THENCE: N 48° 02' 17" W ALONG THE NORTHEAST L1NE OF MILAM AVENUE, AT 5.00 FEET PASS THE COMMON CORNER OF LOTS 16 AND 17, CONTINUE ON FOR A TOTAL DISTANCE OF 10.00 FEET TO A NORTHWEST L1NE OF SAID EASEMENT; THENCE: N 41° 58' 38" E THROUGH SAID LOT 17, 5.00 FEET FROM AND PARALLEL TO THE SOUTHEAST LINE OF SAID LOT 17, FOR A DISTANCE OF 137.00 FEET; THENCE: N 48° 02' 17" W CONTINUING THROUGH SAID LOT 17 AND THROUGH LOTS 18 -23 AND ALONG A SOUTHWEST LINE OF SAID EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE NORTHEAST L1NE OF SAID LOTS, FOR A DISTANCE OF 532.32 FEET; THENCE: N 63° 48' 26" W CONTINUING THROUGH SAID LOT 23 FOR A DISTANCE OF 6.65 FEET TO AN EASTERLY LINE OF SAID EASEMENT; THENCE: S 21° 51' 29" W CONTINUING THROUGH SAID LOT 23, 5.00 FEET FROM AND PARALLEL TO THE NORTHWEST LINE OF SAID LOT 23 AND ALONG A SOUTHEAST LINE OF SAID EASEMENT FOR A DISTANCE OF 154.74 FEET TO THE NORTHEAST LINE OF MILAM AVENUE; THENCE: N 54° 33' 42" W ALONG THE NORTHEAST LINE OF MILAM AVENUE FOR A DISTANCE OF 10.29 FEET TO THE NORTHWEST LINE OF SAID EASEMENT; THENCE: N 21° 51' 29" E THROUGH LOTS 1 -2, BLOCK 9, 5.00 FEET FROM AND PARALLEL TO THE 1 SOUTHEAST LINE OF SAID LOTS, AND ALONG THE NORTHWEST LINE OF SAID EASEMENT FOR A DISTANCE OF 153.08 FEET; THENCE: N 63° 48' 26" W CONTINUING THROUGH SAID LOT 2, 5.00 FEET FROM AND PARALLEL TO THE COMMON LINE OF SAID LOT 2 AND LOT 3, FOR A DISTANCE OF 127.98 FEET TO THE SOUTHEAST LINE OF INLOW BOULEVARD (39' R.O.W.); THENCE: N 20° 40' 04" E ALONG THE SOUTHEAST LINE OF INLOW BOULEVARD FOR A DISTANCE OF 10.05. FEET; THENCE: S 63° 48' 26" E THROUGH SAID LOT 3, 5.00 FEET FROM AND PARALLEL TO THE COMMON LINE OF SAID LOT 3 AND LOT 2, FORA DISTANCE OF 128.19 FEET; THENCE: N 21° 51' 29" E CONTINUING THROUGH SAID LOT 3 AND THROUGH LOT 4 FOR A DISTANCE OF 151.34 FEET TO THE SOUTHWEST LINE OF CULPEPPER DRIVE; THENCE: S 48° 02' 17" E ALONG THE SOUTHWEST LINE OF CULPEPPER DRIVE FOR A DISTANCE OF 10.65 FEET; THENCE: S 21° 51' 29" W THROUGH LOT 5, 5.00 FEET FROM AND PARALLEL TO =NORTHWEST LINE OF SAID LOT 5 AND ALONG A SOUTHEAST LINE OF SAID EASEMENT FOR A.DISTANCE OF 148.43 FEET; THENCE: S 63° 48' 26" E CONTINUING THROUGH SAID LOT 5 FOR A DISTANCE OF 8,80 FEET TO AN ANGLE POINT IN THE NORTHEAST LINE OF SAID EASEMENT; THENCE: S 48° 02' 17" E CONTINUING THROUGH SAID LOT 5 AND THROUGH LOTS 6 -12. BLOCK 9, 5.00 FEET FROM AND PARALLEL TO THE SOUTHWEST LINE OF SAID LOTS, AND ALONG THE NORTHEAST LINE OF SAID EASEMENT FOR A DISTANCE OF 533.71 FEET; THENCE: N 41° 58' 38" E CONTINUING THROUGH SAID LOT 12 AND ALONG A NORTHWEST LINE OF SAID EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE SOUTHEAST LINE OF SAID LOT 12, FOR A DISTANCE OF 137.00 FEET TO THE SOUTHWEST LINE OF CULPEPPER DRIVE; THENCE: S 48° 02' 17" E ALONG THE SOUTHWEST LINE OF CULPEPPER DRIVE FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.29 OF AN ACRE OF LAND, MORE ORLESS, AS SURVEYED ON THE GROUND JULY 2012 AND VISUALLY CHECKED SEPTEMBER 2012. SEE PLAT PREPARED OCTOBER 2012 FOR MORE DESCRIPTIVE INFORMATI f'N BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORK/MAB /12- 658D.MAB �ooiav 0G4D0 m Wnoo Dp:uvrnuC vsovvoovvveuccuF iocuco ti 4502 2 METES AND BOUNDS DESCRIPTION OF A 10' UTILITY EASEMENT BLOCK 10 SECOND REVISION, OAK TERRACE ADDITION COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF A 10.00 FOOT WIDE UTILITY EASEMENT LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING ALL OF THAT 10.00 FOOT WIDE UTILITY EASEMENT LYING IN BLOCK 10, SECOND REVISION, OAK TERRACE ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 152, PAGE 237 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A '/2 INCH IRON ROD FOUND ON THE SOUTHWEST LINE OF MILAM AVENUE (50' R.O.W.) MARKING THE NORTHEAST CORNER OF LOT 10, BLOCK 10, AND THE BEGINNING OF A TRANSITION CURVE, FOR REFERENCE A' /2 I NCH IRON ROD FOUND ON THE NORTHWEST LINE OF CROSS STREET (50' R.O.W.) MARKING THE SOUTHEAST CORNER OF SAID LOT 10 AND THE END OF SAID TRANSITION CURVE BEARS: S 03° 02' 46" E FOR A DISTANCE OF 42.43 FEET; THENCE: N 48° 02' 46" W ALONG THE SOUTHWEST LINE OF MILAM AVENUEFORADISTANCE OF 90.16 FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED EASEMENT; THENCE: S 41° 58' 38" W ALONG THE SOUTHEAST LINE OF SAID EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE NORTHWEST LINE OF LOTS 10 -12, FOR A DISTANCE OF 280.38 FEET TO THE NORTHEAST LINE OF DOGWOOD STREET (50' R.O.W.), FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE NORTHEAST LINE OF DOGWOOD STREET MARKING THE SOUTHWEST CORNER OF SAID LOT 12 BEARS: S 48° 02' 46" E FOR A DISTANCE OF 90.27 FEET; THENCE: N 48° 02' 46" W ALONG THE NORTHEAST LINE OF DOGWOOD STREET, AT 5.00 FEET PASS THE COMMON CORNER OF LOTS 12 AND 13, CONTINUE ON FOR A TOTAL DISTANCE OF 10.00 FEET TO A NORTHWEST LINE OF SAID EASEMENT; THENCE: N 41° 58' 38" E THROUGH SAID LOT 13, 5.00 FEET FROM AND PARALLEL TO THE SOUTHEAST LINE OF SAID LOT 13, FOR A DISTANCE OF 135.19 FEET; THENCE: N 48° 02' 46" W CONTINUING THROUGH SAID LOT 13 AND THROUGH LOTS 14 -18 AND ALONG A SOUTHWEST LINE OF SAID EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE NORTHEAST LINE OF SAID LOTS, FOR A DISTANCE OF 429.85 FEET; THENCE: S 33° 29' 24" W THROUGH SAID LOT 18, 5.00 FEET FROM AND PARALLEL TO THE NORTHWEST LINE OF SAID LOT 18 AND ALONG A SOUTHEAST LINE OF SAID EASEMENT FOR A DISTANCE OF 136.68 FEET TO THE NORTHEAST LINE OF DOGWOOD STREET; THENCE: N 48° 02' 46" W ALONG THE NORTHEAST LINE OF DOGWOOD STREET FOR A DISTANCE OF 10.11 FEET TO THE NORTHWEST LINE OF SAID EASEMENT, FOR REFERENCE A 5/8 INCH IRON ROD FOUND ON THE NORTHEAST LINE OF DOGWOOD STREET MARKING A WESTERLY CORNER OF LOT 1, BLOCK 10, BEARS: N 48° 02' 46" W FOR A DISTANCE OF 109.49 FEET; THENCE: N 33° 29' 24" E THROUGH LOTS 1 -2, BLOCK 10, 5.00 FEET FROM AND PARALLEL TO THE SOUTHEAST LINE OF SAID LOTS, AND ALONG THE NORTHWEST LINE OF SAID EASEMENT FOR A 1 DISTANCE OF 277.63 FEET TO THE SOUTHWEST LINE OF MILAM AVENUE; THENCE: S 56° 44' 42" E ALONG THE SOUTHWEST LINE OF MILAM AVENUE, AT 5.00 FEET PASS THE COMMON CORNER OF SAID LOT 3 AND LOT 4, BLOCK 10, CONTINUE ON FOR A TOTAL DISTANCE OF 10.00 FEET; THENCE: S 33° 29' 24" W THROUGH SAID LOT 4, 5.00 FEET FROM AND PARALLEL TO THE NORTHWEST LINE OF SAID LOT 4 AND ALONG A SOUTHEAST LINE OF SAID EASEMENT FOR ADISTANCE OF 132.37 FEET; THENCE: S 48° 02' 46" E CONTINUING THROUGH SAID LOT 4 AND THROUGH LOTS 5 -9. BLOCK 10, 5.00 FEET FROM AND PARALLEL TO THE SOUTHWEST LINE OF SAID LOTS, AND ALONG THE NORTHEAST LINE OF SAID EASEMENT FOR A DISTANCE OF 431.34 FEET; THENCE: N 41° 58' 38" E CONTINUING THROUGH SAID LOT 9 AND ALONG A NORTHWEST LINE OF SAID EASEMENT, 5.00 FEET FROM AND PARALLEL TO THE SOUTHEAST LINE OF SAID LOT 9, FOR A DISTANCE OF 135.19 FEET TO THE SOUTHWEST LINE OF MILAM AVENUE; THENCE: S 48° 02' 46" E ALONG THE SOUTHWEST LINE OF MILAM AVENUE FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.23 OF AN ACRE OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND JULY 2012 AND VISUALLY CHECKED SEPTEMBER 2012. SEE PLAT PREPARED OCTOBER 2012 FOR MORE DESCRIPTIVE INFORMATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 \I .4 OF ?' D:/WORK/MAB /12- 658E.MAB a� BRAD Kckt? ma dpoaptimaaeroocu oc � r � 4 ,,iy 4502 ti u n u •rovv � 2 METES AND BOUNDS DESCRIPTION OF A 0.88 ACRE TRACT MILAM AVENUE RIGHT -OF -WAY SECOND REVISION, OAK TERRACE ADDITION COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF MILAM AVENUE RIGHT -OF -WAY (50' R.O.W.) LYING BETWEEN BLOCK 9 AND BLOCK 10, FROM CROSS STREET (50' R.O.W.) TO INLOW BOULEVARD (39' R.O.W.), SECOND REVISION, OAK TERRACE ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 152, PAGE 237 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF CROSS STREET MARKING THE SOUTHEAST CORNER OF LOT 10, BLOCK 10, AND THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 30.00 FEET, FOR REFERENCE A 5/9 INCH IRON ROD FOUND ON THE NORTHWEST LINE OF CROSS STREET MARKING THE A SOUTHEASTERLY CORNER OF SAID BLOCK 10 BEARS: S 41° 57' 14" W FOR A DISTANCE OF 220.38 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00" FOR AN ARC DISTANCE OF 47.12 FEET (CHORD BEARS: N 03° 02' 46" W - 42.43 FEET) TO A' /2 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF MILAM AVENUE MARKING THE END OF SAID CURVE; THENCE: N 48° 02' 46" W ALONG THE SOUTHWEST LINE OF MILAM AVENUE, SAME BEING THE NORTHEAST LINE OF SAID BLOCK 10, FOR A DISTANCE OF 523.16 FEET TO AN ANGLE POINT IN SAID LINE; THENCE: N 56° 44' 42" W CONTINUING ALONG THE SOUTHWEST LINE OF MILAM AVENUE FOR A DISTANCE OF 161.21 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 30.00 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 95° 09' 27" FOR AN ARC DISTANCE OF 49.82 FEET (CHORD BEARS: S 75° 40' 35" W - 44.29 FEET) TO THE END OF SAID CURVE ON THE SOUTHEAST LINE OF INLOW BOULEVARD; THENCE: N 28° 53' 22" E ALONG THE EXTENSION OF THE SOUTHEAST LINE OF INLOW BOULEVARD FOR A DISTANCE OF 109.57 FEET TO THE BEGINNING OF A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 30.00 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 75° 13' 46" FOR AN ARC DISTANCE OF 39.39 FEET (CHORD BEARS: S 16° 56' 49" E - 36.62 FEET) TO THE END OF SAID CURVE ON THE NORTHEAST LINE OF MILAM AVENUE; THENCE: S 54° 33' 42" E ALONG THE NORTHEAST LINE OF MILAM AVENUE, SAME BEING THE SOUTHWEST LINE OF SAID BLOCK 9, FOR A DISTANCE OF 204.70 FEET TO AN ANGLE POINT IN SAID LINE; THENCE: S 48° 02' 17" E CONTINUING ALONG THE NORTHEAST LINE OF MILAM AVENUE FOR A DISTANCE OF 497.13 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE BEGINNING OF A 1 METES AND BOUNDS DESCRIPTION OF A 10' UTILITY EASEMENT BLOCK 12 SECOND REVISION, OAK TERRACE ADDITION COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF A 10.00 FOOT WIDE UTILITY EASEMENT LYING AND BEING SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING A PORTION OF LOTS 5 AND 6, BLOCK 12, SECOND REVISION, OAK TERRACE ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 152, PAGE 237 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF CROSS STREET (50' R.O.W.) MARKING A NORTHERLY CORNER OF SAID BLOCK 12; THENCE: S 41° 58' 38" W ALONG THE SOUTHEAST LINE OF CROSS STREET FOR ADISTANCE OF 309.18 FEET TO THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED EASEMENT; THENCE: S 48° 01' 21" E THROUGH SAID LOT 5, 5.00 FEET FROM AND PARALLEL TO THE COMMON LINE OF SAID LOT 5 AND LOT 6, FOR A DISTANCE OF 135.00 FEET TO THE NORTHWEST LINE OF ANOTHER EXISTING 10.00 FOOT WIDE UTILITY EASEMENT; THENCE: S 41° 58' 38" W THROUGH SAID LOT 5 AND LOT 6 AND ALONG THE NORTHWEST LINE OF SAID EXISTING EASEMENT, 10.00 FEET FROM AND PARALLEL TO THE SOUTHEAST LINE OF SAID LOTS, FOR A DISTANCE OF 10.00 FEET; THENCE: N 48° 01' 21" W THROUGH SAID LOT 6, 5.00 FEET FROM AND PARALLEL TO THE COMMON LINE OF SAID LOT 6 AND LOT 5, FOR ADISTANCE OF 135.00 FEET TO THE SOUTHEAST LINE OF CROSS STREET; THENCE: N 41° 58' 38" E ALONG THE SOUTHEAST LINE OF CROSS STREET FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING CONTAINING 1350 SQUARE FEET OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND JULY 2012 AND VISUALLY CHECKED SEPTEMBER 2012. SEE PLAT PREPARED OCTOBER 2012 FOR MORE DESCRIPTIVE INFORMATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 !.' . -. p .. 7r f • p c . ppvb 1 A a eLvt $TE4 -11 i .0 a D:/WORK/MAB /12- 658A.MAB ' .,,V `o<,,04 l o,a BRAD KERF o, 4502 `Lf,- � 1 Application for Abandonment of a Public Right -of -Way /Easement Location: Portion of Culpepper Dr, Milam Ave, & 0.55 AC of PUE 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 Tots, 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. 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O O j2m Y Z " a' V - a O- O J Z w Z z g� i DD (no O ¢ Z w 00 H cn a W N w O O 0 w 0 a xz Y (/�_ W � W 0 (n 0 Application for Abandonment of a Public Right -of- Way /Easement Location: Portion of Culpepper Dr, Milam Ave, & 0.55 AC of PUE 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: c ine VERIZON TELEPHONE COMPANY By: Title: SUDDENLINK COMMUNICATIONS B y: - - Title: BRYAN TEXAS UTILITIES By: Title: 10/10 Page 6 of 8 Application for Abandonment of a Public Right -of- Way /Easement Location: Portion of Culpepper Dr, Milam Ave, & 0.55 AC of PUE 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 Official Fire Marshal City of College Station City of College Station Electric Department Water Services Department City of College Station City of College Station — Public Works Director City of College Station 10/10 Page 7 of 8 Application for Abandonment of a Public Right -of- Way /Easement Location: NOT APPLICABLE 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 Right -of- Way /Easement referred to above, do hereby consent to such abandonment. NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: 10/10 Print Form Page 8 of 8 I. Commitment for Title Insurance (T -7) • `. _F rst American itle ISSUED BY First American Title Insurance Company Commitment 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. We FIRST AMERICAN TITLE INSURANCE 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. First American Title Insurance Company Heritage Title Company ,.N.......,. of Austiln, Inc. , o t E ors U � � ,,. �' 401 Congress Avenue, Suite 1500 "� • . • P. y Auatin, Texas 78701 �p A F 0 Rq y 512.505.5000 • 512.505.5024 fax a ° • m y • De ennis J. Gilmore www.heritagetitleofaustin.com y, ' 1988 g Y • '•.....•'' S / Timothy Kemp Secretary I Form 5017448 (2/1/10) Page 1 of 4 I T -7 Commitment for Title Insurance (Rev. 2 - - 10) Texas COMMITMENT FOR TITLE INSURANCE Issued By First American Title Insurance Company SCHEDULE A Effective Date: August 27, 2012, 8:00 AM GF No. 201202452 Issued: September 13, 2012, 1:02 PM 1. The policy or policies to be issued are: (a) OWNER'S POLICY OF TITLE INSURANCE (Form T -1) (Not applicable for improved one -to -four family residential real estate) Policy Amount: PROPOSED INSURED: American Campus Communities (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: PROPOSED INSURED: Proposed Borrower: (d) TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T - 2R) Policy Amount: PROPOSED INSURED: Proposed Borrower: Binder Amount: PROPOSED INSURED: Proposed Borrower: (f) OTHER Policy Amount: PROPOSED INSURED: Proposed Borrower: FORM T -7: Commitment for Title Insurance SCHEDULE A - continued GF No. 201202452 2. The interest in the land covered by this Commitment is. Leasehold Estate created by that certain Memorandum of Lease, dated , executed by and between Texas A &M University, as Lessor, and American Campus Communities, as Lessee, evidenced by Memorandum of Lease recorded in Volume , Page of the Official Records of Brazos County, Texas. (TO BE RECORDED AT CLOSING) 3. Record title to the land on the Effective Date appears to be vested in: Texas A &M University 4. Legal description of the land: TRACT 1: Being all of that certain tract or parcel of land containing 5.392 acres, more or less, situated in the Joseph E. Scott Survey, Abstract No. 50, Brazos County, Texas, said tract being more particularly described by metes and bounds shown on Exhibit "A" attached hereto and made a part hereof. TRACT 2: Being all of that certain tract or parcel of land containing 4.540 acres, more or less, situated in the Joseph E. Scott Survey, Abstract No. 50, Brazos County, Texas, said tract being more particularly described by metes and bounds shown on Exhibit "B" attached hereto and made a part hereof. TRACT 3: Being all of that certain tract or parcel of land containing 2.256 acres, more or less, situated in the Joseph E. Scott Survey, Abstract No. 50, Brazos County, Texas, said tract being more particularly described by metes and bounds shown on Exhibit "C" attached hereto and made a part hereof. 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 or quantity of land is not a representation that such area or quantity is correct, but is made only for information and /or identification purposes and does not override Item 2 of Schedule B, hereof. FORM T -7: Commitment for Title Insurance Tract 1 Metes and Bounds Description for 5.392 Acres Block 9, of the Second Revision of Ook Terrace Addition Being a 5.392 acre tract located in the Joseph E. Scott Survey, Abstract No. 50, Brazos County, Texas; being all of Block 9, of the Second Revision of Oak Terrace Addition, a subdivision as shown on mop or plat recorded in Volume 152, Page 237, of the Brazos County Deed Records, and conveyed in deed to Texos A &M University, recorded in Volume 1146, Page 571 and in Volume 2775, Page 345, of said deed records; said 5.392 acre tract of land more particularly described as follows: BEGINNING at a 5/8 —inch iron rod with cop found for the northerly cutback corner of the intersection of southeasterly right —of —way line of Inlow Boulevard (width varies) and the southwesterly right —of —way line of Culpepper Drive (based on a width of 6Q.00 feet) as shown on said map of the Second Revision of Oak Terrace Addition and being the most northerly corner of said Block 9; THENCE, South 48'01'33" East, 800.48 feet, along the southwesterly right —of —way line of Culpepper Drive and the northeasterly line of Block 9, to a 5/8 —inch iron rod with cop found for a cutback curve at the intersection with the northwesterly right —of —woy line of Cross Street (based on a width of 50.00 feet), as shown on said map of the Second Revision of Ook Terrace Addition; THENCE in a southerly direction, along a cutback curve and an easterly line of Block 9, with a curve to the right, having o central angle of 90'00'58 ", a radius of 30.00 feet, an arc length of 47.13 feet, and a chord bearing and distance of South 03'01'04" East, 42.43 feet to a 5/8 —inch iron rod with cap found for the point of tangency; THENCE, South 41'59'25" West, 224.03 feet, along the northwesterly right —of —way line of Cross Street and the southeasterly line of Block 9, to a 5/8 —inch iron rod with cop found for a cutback curve at the intersection with the northerly right —of —way line of Milam Avenue (based on a width of 50.00 feet), as shown on said map of the Second Revision of Oak Terrace Addition; THENCE in a westerly direction, along a cutback curve and the southerly line of Block 9, with a curve to the right, having a centrol angle of 89'59'02 ", a radius of 30.00 feet, an arc' length of 47.12 feet, and a chord bearing and distance of South 86'58'56" West, 42.42 feet to a 5/8 —inch iron rod with cap found for the point of tangency; THENCE, North 48'01'33" West, 546.89 feet, along the northeasterly right —of —way line of Milom Avenue and the southwesterly line of Block 9, to a 5/8 —inch iron rod with "GS" cap set for an angle point; THENCE, North 56'56'39" West, 157.99 feet, along the northeasterly right —of —way line of Milom Avenue and the southwesterly line of Block 9, to a 5/8 —inch iron rod with "GS" cop set for a cutback curve at the intersection with the southeasterly right —of —way line of Inlow Boulevard, from which a found 5/8 —inch iron rod with cop bears South 73' Eost, 2.81 feet; THENCE in a northerly direction, along a cutback curve and the westerly line of Block 9, with a curve to the right, having a central angle of 78'28'07 ", a radius of 30.00 feet, an arc length of 41.09 feet, and a chord bearing and distance of North 17'42'36" West, 37.95 feet to a 5/8 —inch iron rod with "GS" cap set for the point of ., tongency, from which a found 5/8 —inch iron rod with cap bears South 63' East, 4.06 feet; THENCE, North 21'31'28" East, 265.63 feet, along the southeasterly right —of —woy line of Inlow Boulevard and the northwesterly line of Block 9, to a 5/8 —inch iron rod with "GS" cap set for a cutback curve at the intersection with the southwesterly right —of —woy line of Culpepper Drive, from which a found 5/8 —inch iron rod with cap bears South 28' West, 0.63 feet; THENCE in an easterly direction, along a cutback curve and the northerly line of Block 9, with a curve to the right, having a central angle of 110'26'59 ", a radius of 30.00 feet, on arc length of 57.83 feet, and a chord bearing and distance of North 76'44'58" Eost, 49.28 feet to the POINT OF BEGINNING and containing 5.392 acres (234,871 square feet) of land. EXHIBIT "A Tract 2 Metes and Bounds Description for 4.540 Acres Block 10, of the Second Revision of Ook Terrace Addition Being a 4.540 acre tract located in the Joseph E. Scott Survey, Abstract No. 50, Brazos County, Texas; being all of Block 10, of the Second Revision of Oak Terrace Addition, a subdivision as shown on mop or plot recorded in Volume 152, Page 237, of the Brazos County Deed Records, and conveyed in deed to Texas A &M University, recorded in Volume 1146, Page 571 and in Volume 2775, Page 345, of said deed records; said 4.540 acre tract of lond more particularly described as follows: BEGINNING at a 5/8 —inch iron rod with "GS" cap set for the northerly cutback corner at the intersection of southeasterly right —of —way line of Inlow Boulevard (width varies) and the southwesterly right —of —way line of Milam Avenue (based on a width of 50.00 feet) as shown on said map of the Second Revision of Ook Terrace Addition and being the most northerly corner of said Block 10, from which a found 5/8 —inch iron rod with cap bears South 24' West, 2.20 feet; THENCE, South 56'56'39" East, 142.92 feet, along the southwesterly right —of —way line of Milam Avenue and the northeasterly line of Block 10, to a 5/8 —inch iron rod with "GS" cap set for an angle point; THENCE, South 48'01'33" East, 542.99 feet, olong the southwesterly right —of —way line of Milam Avenue and the northeasterly line of Block 10, to a 5/8 —inch iron rod with "GS" cap set for a cutback curve at the intersection with the northwesterly right —of —way line of Cross Street (based on a width of 50.00 feet), as shown on said map of the Second Revision of Oak Terrace Addition; THENCE in a southerly direction, along a cutback curve and the easterly line of Block 10, with a curve to the right, having a central angle of 90'00'58 ", a radius of 30.00 feet, an arc length of 47.13 feet, and a chord bearing and distance of South 03'01'04" East, 42.43 feet to a 5/8 —inch iron rod with cop set for the point of tangency, THENCE, South 41'59'25" West, 220.03 feet, along the northwesterly right —of —way line of Cross Street and the southeasterly line of Block 10, to cutback curve of the intersection with the northeasterly right —of —way line of Dogwood Street (based on a width of 50.00 feet), as shown on said map of the Second Revision of Oak Terrace Addition, from which a found 5/8 —inch iron rod with cap bears South 47' Eost, 0.19 feet; THENCE in a westerly direction, along a cutback curve and the southerly line of Block 10, with o curve to the right, having a central angle of 89'59'02 ", o radius of 30.00 feet, an arc length of 47.12 feet, and a chord bearing and distance of South 86'58'56" West, 42.42 feet to the point of tangency, from which a found 1/2 —inch iron rod with cop bears South 47' East, 0.22 feet; THENCE, North 48'01'33" West, 629.36 feet, along the northeasterly right —of —way line of Dogwood Street and the southwesterly line of Block 10, to o cutback curve at the intersection with the southeasterly right —of —way line of Inlow Boulevard, from which a found 5/8 —inch iron rod (bent) bears South 09' West, 0.17 feet; THENCE in o northerly direction, along a cutback curve and the westerly line of Block 10, with a curve to the right, having a central angle of 76'07'07 ", a radius of 30.00 feet, on arc length of 39.86 feet, and a chord bearing and distance of North 09'57'59" West, 36.99 feet to a 5/8 —inch iron rod with cap found for the point of tangency; THENCE, North 28'05'34" East, 205.46 feet, along the southeasterly right —of —way line of Inlow Boulevard and the northwesterly line of Block 10, to a 5/8 —inch iron rod with "GS" cap set for a cutback curve at the intersection with the southwesterly right —of —way line of Milam Avenue, from which o found 5/8 —inch iron rod with cop bears South 28' West, 2.28 feet; THENCE in an easterly direction, along o cutback curve and the northerly line of Block 10, with a curve to the right, having a central angle of 94'57'47 ", a radius of 29.00 feet, on arc length of 48.07 feet, and a chord bearing and distance of North 75'34'27" East, 42.75 feet to the POINT OF BEGINNING and containing 4.540 acres (197,780 square feet) of land. X • Tract 3 Metes and Bounds Description for 2.256 Acres Lots 1 -10, Block 12, of the Second Revision of Oak Terrace Addition Being a 2.256 acre tract located in the Joseph E. Scott Survey, Abstract No. 50, Brazos County, Texas; being all of Lots 1 through 10, Block 12, of the Second Revision of Oak Terrace Addition, a subdivision as shown on map or plat recorded in Volume 152, Page 237, of the Brazos County Deed Records, and conveyed in deed to Texas A &M University, recorded in Volume 1146, Page 571 and in Volume 2775, Page 345, of said deed records; said 2.256 acre tract of land more particularly described as follows: BEGINNING at a 5/8 —inch iron rod found for the westerly corner of Lot 10, the northerly corner of Lot 11, of said the Second Revision of Oak Terrace Addition, the northerly corner of that certain tract of land conveyed in deed to The Most Reverend Gregory M. Aymond, Bishop of Diocese of Austin, recorded in Volume 4710, Poge 59, of said deed records, being in the southeasterly right —of —way line of Cross Street (based on a width of 50.00 feet) as shown on said map of the Second Revision of Oak Terrace Addition, and being in the northwesterly line of said Block 12; THENCE, North 41'59'25" East, 649.95 feet, along the southeasterly right —of —way line of Cross Street and the northwest line of Block 12, to a cutback curve of the intersection with the southwesterly right —of —way line of Culpepper Drive (based on a width of 60.00 feet), as shown on said mop of the Second Revision of Ook Terrace Addition, from which a found 5/8 —inch iron rod with cop bears North 42' West, 0.23 feet; THENCE in an eosterly direction, along a cutback curve and the northerly line of Block 12, with a curve to the right, having a central angle of 89'59'02 ", a radius of 30.00 feet, on arc length of 47.12 feet, and a chord bearing and distance of North 86'58'56' East, 42.42 feet to the point of tangency, from which a found 5/8 —inch iron rod with cap bears North 22' West, 0.18 feet; THENCE, South 48'01'33" East, 114.79 feet, along the southwesterly right —of —way line of Culpepper Drive, to a 5/8 —inch iron rod with cap found for the easterly corner of Lot 1, Block 12, and being in the northwesterly line of that certain called 4.963 acre tract of land (Tract 1), as conveyed in deed to Culpepper Family L.P., recorded in Volume 4073, Page 34, of said deed records; THENCE, South 41'59'25" West, 679.94 feet, along the northwesterly line of said 4.963 acre tract, to a 5/8 —inch iron rod with cop found in the northwesterly line of The Ramparts (Vacating and Resubdivision), a subdivision os shown on map or plat recorded in Volume 517, Page 705, of said deed records, being the southerly corner of said Lot 10 and the easterly corner of said Lot 11; THENCE, North 48'01'33" West, 144.78, along the common line of said Lots 10 and 11 to the POINT OF BEGINNING and containing 2.256 acres (98,248 square feet) of land. • • • i • • • EXHIB !!! • . • . . • • :. ".. • • GF No. 201202452 COMMITMENT FOR TITLE INSURANCE Issued By First American Title Insurance Company SCHEDULE B EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorneys' fees, and expenses resulting from: 1. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete this exception): Volume 471, Page 409 of the Deed Records of Brazos County, Texas. (TRACT 1) Volume 1668, Page 221 of the Official Records of Brazos County, Texas. (ALL TRACTS) (But omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons) 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 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 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 (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. (Applies to the Loan Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) FORM T -7: Commitment for Title Insurance SCHEDULE B - continued GF No. 201202452 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.) 9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Loan Policy (T- 2R). (Applies to Texas Short Form Residential Loan Policy (T -2R) only. Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Loan Policy (T -2R). 10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): a. Utility easement 5 feet in width along the rear property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (ALL TRACTS) b. Utility easement 5 feet in width along the northerly property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (LOT 2 OF TRACT 1) c. Utility easement 5 feet in width along the southerly property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (LOT 3 OF TRACT 1) d. Utility easement 5 feet in width along the westerly property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (LOTS 5 AND 23 OF TRACT 1 AND LOTS 4 AND 18 OF TRACT 2) e. Utility easement 5 feet in width along the easterly property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (LOTS 12 AND 17 OF TRACT 1 AND LOTS 9 AND 13 OF TRACT 2) f. Utility easement 5 feet in width along the southerly property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (LOTS 5 AND 10 OF TRACT 3) g. Utility easement 5 feet in width along the northerly property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (LOT 6 OF TRACT 3) h. Building setback 25 feet in width along the front property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (ALL TRACTS) i. Building setback 25 feet in width along the Culpepper Drive property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (LOT 4 OF TRACT 1) j. Building setback 25 feet in width along the Milam Avenue property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (LOT 1 OF TRACT 1 AND LOTS 3 AND 10 OF TRACT 2) k. Building setback 25 feet in width along the Dogwood Street property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (LOTS 1 AND 12 OF TRACT 2) 1. Building setback 10 feet in width along the Culpepper Drive property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (LOT 1 OF TRACT 3) m. Building setback 10 feet in width along the Culpepper Drive property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (LOT 13 OF TRACT 1) n. Building setback 10 feet in width along the Milam Avenue property line(s), as shown by the Plat(s) recorded in Volume 152, Page 237 of the Deed Records of Brazos County, Texas. (LOT 15 OF TRACT 1) o. Building setback 30 feet in width along the front property line(s), as set forth in instrument recorded in FORM T -7: Commitment for Title Insurance SCHEDULE B - continued GF No. 201202452 Volume 471, Page 409 of the Deed Records of Brazos County, Texas. (TRACT 1) P. Building setback 10 feet in width along the side property line(s), as set forth in instrument recorded in Volume 471, Page 409 of the Deed Records of Brazos County, Texas. (TRACT 1) q. Building setback 5 feet in width along the rear property line(s), as set forth in instrument recorded in Volume 471, Page 409 of the Deed Records of Brazos County, Texas. (TRACT 1) r. Building setback 30 feet in width along the front property line(s), as set forth in instrument recorded in Volume 1668, Page 221 of the Official Records of Brazos County, Texas. (ALL TRACTS) s. Building setback 10 feet in width along the side property line(s), as set forth in instrument recorded in Volume 1668, Page 221 of the Official Records of Brazos County, Texas. (ALL TRACTS) t. Building setback 15 feet in width along the street side property line(s), as set forth in instrument recorded in Volume 1668, Page 221 of the Official Records of Brazos County, Texas. (ALL TRACTS) u. Building setback 5 feet in width along the rear property line(s), as set forth in instrument recorded in Volume 1668, Page 221 of the Official Records of Brazos County, Texas. (ALL TRACTS) v. The terms, conditions and stipulations of that certain Memorandum of Lease, dated , executed by and between Texas A &M University, as Lessor, and American Campus Communities, as Lessee, evidenced by Memorandum of Lease recorded in Volume , Page . of the Official Records of Brazos County, Texas. (TO BE RECORDED AT CLOSING) w. Rights of tenants in possession, as tenants only, under unrecorded lease agreements. x. Easements, or claims of easements, which are not recorded in the public records. y. Rights of parties in possession. (Owner Policy Only) FORM T -7: Commitment for Title Insurance GF No. 201202452 COMMITMENT FOR TITLE INSURANCE Issued By First American Title Insurance Company SCHEDULE C Your Policy will not cover loss, costs, attorneys' 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: 1. 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: a. no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, b. all standby fees, taxes, assessments and charges against the property have been paid, c. all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, subcontractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, d. there is legal right of access to and from the land, e. (on a Loan Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. 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. 5. This Company must follow Procedure Rule P -27 as set out by the Department of Insurance in disbursing funds provided by the Assured and /or Insured on Schedule "A" of this Commitment. Good Funds shall be in possession of the title company prior to any disbursements. Good Funds shall be as defined in Rule P -27, and include cash or wire transfers, certified, cashier's or teller checks. 6. For each entity that will execute any document in connection with the proposed closing (AND any other entity executing said document on its behalf), this company must be furnished the following authority and existence documentation: (a) Corporation - Certificate of Existence from the Secretary of State, Articles of Incorporation from the Secretary of State, and a properly executed Corporate Resolution (in recordable form) to support the proposed transaction. (b) Limited Liability Company - Certificate of Existence from the Secretary of State, Articles of Organization from the Secretary of State, copy of Regulations (and any Amendments thereto), and Secretary's Certificate (in recordable form). (c) General Partnership - copy of Partnership Agreement (and any Amendments thereto). (d) Limited Partnership - Certificate of Limited Partnership from the Secretary of State, Certificate of Existence from the Secretary of State, copy of Limited Partnership Agreement (and any Amendments), and evidence of consent of limited partners (in recordable form), if required. (e) Joint Venture - copy of Joint Venture Agreement (and any Amendments thereto). FORM T -7: Commitment for Title Insurance SCHEDULE C - continued GF No. 201202452 f) Trust - copy of the Trust Agreement (and any Amendments thereto) for review or, in the alternative, the Trustee must file a Certification of Trust in the real property records meeting all of the provisions of Section 114.086(a) and (c) of the Texas Property Code, and provide excerpts from the Trust Agreement sufficient to evidence authority of the Trustee to enter into this transaction. 7. NOTE: The last recorded deed to convey the subject property (or a portion thereof) is dated October 5, 1989, filed for record on October 6, 1989, recorded in Volume 1146, Page 571 and Volume 2775, Page 345 of the Official Records of Brazos County, Texas, executed by Brazos Duplexes, Inc., a Texas corporation to Texas A &M University. 8. Company must be furnished a satisfactory Affidavit of Debts and Liens executed by Seller(s). 9. Company must be furnished a satisfactory Waiver of Inspection executed by Purchaser(s). 10. THIS COMMITMENT MUST BE UPDATED PRIOR TO CLOSING AND FUNDING. NOTICE: 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 Loan Closing Instructions. APPLIES TO LOAN POLICY ONLY. FORM T -7: Commitment for Title Insurance GF No. 201202452 COMMITMENT FOR TITLE INSURANCE SCHEDULE D Pursuant to the requirements of Rule P -21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State of Texas, the following disclosures are made: 1. The following individuals are directors and/or officers, as indicated, of the Title Insurance Company issuing this Commitment UNDERWRITER: First American Title Insurance Company, a California Corporation Shareholder owning or controlling, directly or indirectly, ten percent or more of the share of the Underwriter: First American 'Title Insurance Company is a wholly owned subsidiary of First American Financial Corporation, a public Company formed in Delaware. Directors: Dennis J. Gilmore, Timothy V. Kemp, Mark E. Seaton, Christopher M. Leavell, Jeffrey S. Robinson Officers: President: Dennis J. Gilmore; Senior Vice President, Secretary: Timothy V. Kemp; and Chief Financial Officer: Max O. Valdes 2. The issuing Title Insurance Agent, Heritage Title Company of Austin, Inc., is a corporation whose shareholders owning or controlling, directly or indirectly, 1% or more of said corporation (or owning or controlling 10% or more of any entity that owns 1% or more of the Agent), directors, and officers are listed below: Owners of 10% or more: Gary S. Farmer, Jan Cox Dwyer and Laura A. Beuerlein Officers: Gary S. Farmer - President, Brenda K. Hindsman - Secretary and Laura A. Beuerlein - Treasurer Board of Directors: Gary S. Farmer, Jan Cox Dwyer and Laura A. Beuerlein 3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving a portion of the premium from the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated title premium' is: Owner's Policy $0.00 _ Loan Policy $0.00 Endorsement Charges $0.00 Other $0.00 Total $0.00 Of this total amount: 15% will be paid to the policy issuing Title Insurance Company: 60% will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: ADM= To Whom Er Services 25.00% University Title Company Title Evidence The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the Commissioner of insurance. FORM T -7: Commitment for Title Insurance GF No. 201202452 DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner's Policy) Arbitration is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). 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. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The arbitration provision in the Policy is as follows: "Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ( "Rules "). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction." SIGNATURE DATE FORM T -7: Commitment for Title Insurance TEXAS TITLE INSURANCE INFORMATION Title insurance insures you against Toss resulting from El seguro de titulo le asegura en relaciSn a perdidas certain risks to your title. resultantes de ciertos riesgos que pueden afectar el The commitment for Title Insurance is the title titulo de su propledad. insurance company's promise to issue the title El Compromiso para Seguro de Titulo es la promesa Insurance policy. The commitment Is a legal de la comparita aseguradora de titulos de emitir la document. You should review it carefully to completely pbliza de seguro de titulo. El Compromiso es un understand it before your closing date. documento legal. Usted debe leerlo cuidadosamente y enterderlo completamente antes de la fecha para finalizar su transaccibn. Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the Policy. The Policy is not an abstract of title nor does a Company have an obligation to determine the ownership of any mineral interest. - MINERALS AND MINERAL RIGHTS may not be covered by the Policy. The Company may be unwilling to insure title unless there is an exclusion or an exception as to Minerals and Mineral Rights in the Policy. Optional endorsements insuring certain risks involving minerals, and the use of improvements (excluding lawns, shrubbery and trees) and permanent buildings may be available for purchase. If the title insurer issues the title policy with an exclusion or exception to the minerals and mineral rights, neither this Policy, nor the optional endorsements, ensure that the purchaser has title to the mineral rights related to the surface estate. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. When your Policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions, defined below. - EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the Policy. - EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. - CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. You can get a copy of the policy form approved by the Texas Department of Insurance by calling the Title Insurance Company at 1- 888 - 632 -1642 or by calling the title insurance agent that issued the Commitment. Texas Department of Insurance may revise the policy form from time to time. You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1- 800 - 252 -3439. Before the Policy is issued, you may request changes in the policy. Some of the changes to consider are: - Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must furnish a survey and comply with other requirements of the Company. On the Owner's Policy, you must Form 5017448 (2/1/10) Page 2 of 4 I T -7 Commitment for Title Insurance (Rev. 2 -1 -10) Texas pay an additional premium for the amendment. If the survey is acceptable to the Company and if the Company's other requirements are met, your Policy will insure you against Toss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. Whether or not you request amendment of the "area and boundary" exception, you should determine whether you want to purchase and review a survey If a survey is not being provided to you. - Allow the Company to add an exception to "rights of parties in possession." If you refuse this exception, the Company or the title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons, such as renters, adverse owners or easement holders who occupy the land. The Company may charge you for the inspection. If you want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. CONDITIONS AND STIPULATIONS 1. If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment, that is not shown in Schedule B, you must notify us in writing. If you do not notify us in writing, our liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do notify us, or we learn of such matter, we may amend Schedule B, but we will not be relieved of liability already incurred. 2. Our liability is only to you, and others who are included in the definition of Insured in the Policy to be issued. Our liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements or to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this Commitment and will be subject to the following terms of the Policy: Insuring Provisions, Conditions and Stipulations, and Exclusions. AM r; /C ' <- First American Title I Form 5017448 (2/1/10) Page 3 of 4 I T -7 Commitment for Title Insurance (Rev. 2 -1 -10) Texas ,71•Ro , r � I Important Notice Title First American l ltle — ISSUED BY First American Title Insurance Company IMPORTANT NO77CE A V /SO IMPORTANTE To obtain information or make a complaint: Para obtener informaclon o para someter una queja: You may call First American Title Insurance Company's toll- Usted puede llamar al numero de telefono gratis de First free telephone number for information or to make a American Title Insurance Company's para informacion o complaint at: pars someter una queja al: 1.888 -632 -1642 1-888-8324642 You may also write to First American Title Insurance Usted tambien puede escriblr a First American Title Company at: Insurance Company: 1 First American Way 1 First American Way Santa Ana, California 92707 Santa Ana, California 92707 You may contact the Texas Department of Insurance to Puede comunicarse con el Departamento de Seguros de obtain information on companies, coverages, rights or Texas para obtener informacion acerca de companias, complaints at: coberturas, derechos o quejas al: 1 800 - 3439 14100 You may write the Texas Department of Insurance: Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 P.O. Box 149104 Austin, TX 78714 -9104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Fax: (512) 475 -1771 Web: http: //www.tdi.state.tx.us Web: http://k/ww.tdi.state.tx.us E -mail: ConsumerProtection @tdlstate.tx.us E -mail: ConsumerProtection @tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: D /SPUTAS SOBREPR /MAS 0 RECLAMOS• Should you have a dispute concerning your premium or Si tiene una disputa concernlente a su prima o a un about a claim you should contact First American Title reclamo, debe comunicarse con el First American Title Insurance Company first. If the dispute is not resolved, you Insurance Company primero. Si no se resuelve la disputa, may contact the Texas Department of Insurance. puede entonces comunicarse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY UNA ESTEA V/SOA SUPOLIZA: This notice is for information only and does not become a Este aviso es solo para proposito de informacion y no se part or condition of the attached document. convierte en parte o condicion del documento adjunto. I Form 5017448 (2/1/10) Page 4 of 4 f T -7 Commitment for Title Insurance (Rev. 2 -1 -10) Texas 5 AMERI FIRST AMERICAN TITLE . r' INSURANCE COMPANY THE FIRST AMERICAN yj ; •. CORPORATION PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information, We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company. The First American Corporation, we have adopted this Privacy Policy to govem the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at wnwv, firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person. by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated patty. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased, Such information may be used for any internal purpose, such as qualify control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore. we may also provide all the information we collect. as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whore we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privuey Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Farr blformallon Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Note: The above Privacy Policy applies to individuals who obtain from First American a financial service or product that is to be used primarily for personal family or household purposes. 0 2001 The First American Corporation All Rights Reserved OITA %; , j AUSTIN, TEXAS PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certai n information. We understand that you may be concerned about what we will do with such information- particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, form and in other communications to us, whether in writing, in person, by telephone or any other means; i • Information about your transactions with us, our affiliated companies, or others; and 1 • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. • Former Customers • Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.