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TITLE REPORT
G.F. No.: 0012164"
Certification Date: April 11, 2012
Examiner: lel
Property Description:
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND
BEING SITUATED IN THE A. BABILLE SURVEY, ABSTRACT NO. 75, AND THE S. W. ROBERTSON
SURVEY, ABSTRACT NO. 202, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT
BEING ALL OF A CALLED 22.565 ACRE TRACT, ALL OF A CALLED 5.53 ACRE TRACT AND ALL
OF A CALLED 5.46 ACRE TRACT AS DESCRIBED BY A DEED TO BRAZOS TEXAS LAND
DEVELOPMENT, LLC, RECORDED IN VOLUME 8361, PAGE 279 OF THE OFFICIAL PUBLIC
RECORDS OF BRAZOS COUNTY, TEXAS, ALL OF A CALLED 0.187 ACRE TRACT AS DESCRIBED
BY A LEASE TO SOUTH BRAZOS COUNTY VOLUNTEER FIRE DEPARTMENT AND A PORTION
OF THE ABANDONED RIGHT -OF -WAY OF OLD ARRINGTON ROAD.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A BRASS MONUMENT FOUND ON THE SOUTHEAST LINE OF STATE HIGHWAY
NO. 40 MARKING THE WEST CORNER OF SAID 22.565 ACRE TRACT AND THE NORTH CORNER
OF LOT 1, BLOCK 5, GREENS PRAIRIE CENTER, PHASE 2A, ACCORDING TO THE PLAT
RECORDED IN VOLUME 8830, PAGE 64 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS
COUNTY, TEXAS;
THENCE: ALONG THE SOUTHEAST RIGHT -OF -WAY OF STATE HIGHWAY NO. 40 FOR THE
FOLLOWING CALLS:
N 41° 53' 21" E FOR A DISTANCE OF 408.94 FEET TO A BRASS MONUMENT FOUND;
N 38° 13' 07" E FOR A DISTANCE OF 431.43 FEET TO AN ALUMINUM MONUMENT FOUND; N 41°
52' 09" E FOR A DISTANCE OF 361.23 FEET TO AN ALUMINUM MONUMENT FOUND;
N 88° 02' 19" E FOR A DISTANCE OF 50.22 FEET TO A CONCRETE RIGHT -OF -WAY MARKER
FOUND ON THE SOUTHERLY LINE OF ARRINGTON ROAD;
THENCE: S 47° 42' 37" E ALONG THE SOUTHERLY LINE OF ARRINGTON ROAD FOR A
DISTANCE OF 99.56 FEET TO A CONCRETE RIGHT -OF -WAY MARKER FOUND;
THENCE: S 21° 26' 41" E CONTINUING ALONG THE SOUTHERLY LINE OF ARRINGTON ROAD
FOR A DISTANCE OF 159.10 FEET TO THE WEST LINE OF OLD ARRINGTON ROAD;
THENCE: N 00° 53' 16" E ALONG THE WEST LINE OF OLD ARRINGTON ROAD FOR A DISTANCE
OF 227.20 FEET TO A CONCRETE RIGHT -OF -WAY MARKER FOUND ON THE NORTHERLY LINE
OF ARRINGTON ROAD MARKING THE SOUTH CORNER OF SAID 0.187 ACRE TRACT;
THENCE: N 47° 18' 35" W ALONG THE NORTHERLY LINE OF ARRINGTON ROAD FOR A
DISTANCE OF 128.91 FEET TO A BRASS MONUMENT FOUND ON THE SOUTHEAST LINE OF
STATE HIGHWAY NO. 40;
THENCE: N 41° 53' 30" E ALONG THE SOUTHEAST LINE OF STATE HIGHWAY N0.40 FOR A
DISTANCE OF 91.08 FEET TO A BRASS MONUMENT FOUND MARKING THE NORTHWEST
CORNER OF SAID 0.187 ACRE TRACT;
THENCE: S 72° 13' 06" E ALONG THE NORTH LINE OF SAID 0.187 ACRE TRACT FORA
DISTANCE OF 33.04 FEET TO A BRASS MONUMENT FOUND ON THE WEST LINE OF OLD
ARRINGTON ROAD;
THENCE: N 87° 35' 43" E THROUGH OLD ARRINGTON ROAD FOR A DISTANCE OF 20.85 FEET;
THENCE: N 01° 47' 38" W CONTINUING THROUGH OLD ARRINGTON ROAD FOR A DISTANCE
OF 53.13 FEET TO THE TRANSITION BETWEEN THE SOUTHEAST LINE OF STATE HIGHWAY
NO. 40 AND THE SOUTHWEST LINE OF STATE HIGHWAY NO. 6;
THENCE: S 54' 09' 30" E ONG THE SOUTHWEST LINE OF ST HIGHWAY NO. 6 FOR A
DISTANCE OF 778.72 FE 0 A 1/2 INCH IRON ROD FOUND M G A COMMON CORNER
OF SAID 5.53 ACRE T T AND THE REMAINDER OF A CALLED 4.00 ACRE TRACT AS
DESCRIBED BY A DEED TO GRADY N. ARNOLD, JR. RECORDED IN VOLUME 1622, PAGE 178 OF
THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: ALONG THE COMMON LINE OF SAID 5.53 ACRE TRACT AND SAID REMAINDER OF
4.00 ACRE TRACT FOR THE FOLLOWING CALLS:
S 36° 04' 41" W FOR A DISTANCE OF 46.10 FEET TO A 1/2 INCH IRON ROD FOUND;
S 29° 48' 45" W FOR A DISTANCE OF 42.17 FEET TO A 1/2 INCH IRON ROD FOUND;
N 57° 03' 01" W FOR A DISTANCE OF 41.18 FEET TO A 1/2 INCH IRON ROD FOUND;
S 79° 21' 40" W FOR A DISTANCE OF 190.79 FEET TO A FENCE CORNER POST FOUND ON THE
EAST LINE OF SAID 5.46 ACRE TRACT MARKING THE NORTHWEST CORNER OF SAID
REMAINDER OF 4.00 ACRE TRACT;
THENCE: S 01° 54' 08" E ALONG THE COMMON LINE OF SAID 5.46 ACRE TRACT AND SAID
REMAINDER OF 4.00 ACRE TRACT FOR A DISTANCE OF 571.24 FEET TO A 1/2 INCH IRON ROD
FOUND ON THE NORTHWEST LINE OF A CALLED 6.7883 ACRE TRACT AS DESCRIBED BY A
DEED TO THE CITY OF COLLEGE STATION RECORDED IN VOLUME 1216, PAGE 440 OF THE
OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE SOUTH CORNER OF SAID
REMAINDER OF 4.00 ACRE TRACT, THE SOUTHEAST CORNER OF SAID 5.46 ACRE TRACT AND
AN EAST CORNER OF A CALLED 2.445 ACRE TRACT AS DESCRIBED BY A DEED TO VAUGHN
CALVIN AND RONALD CALVIN RECORDED IN VOLUME 3718, PAGE 219 OF THE OFFICIAL
PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: N 81° 04' 26" W ALONG THE COMMON LINE OF SAID 5.46 ACRE TRACT AND SAID
2.445 ACRE TRACT, AT 448.40 FEET PASS A 3/4 INCH IRON ROD FOUND ON THE EAST LINE OF
OLD ARRINGTON ROAD MARKING THE COMMON CORNER OF SAID 5.46 ACRE TRACT AND
SAID 2.445 ACRE TRACT, CONTINUE ON ACROSS OLD ARRINGTON ROAD FOR A TOTAL
DISTANCE OF 503.12 FEET TO A POINT ON THE WEST LINE OF OLD ARRINGTON ROAD, SAME
BEING THE EAST LINE OF SAID 22.565 ACRE TRACT;
THENCE: S 02° 53' 34" E ALONG THE WEST LINE OF OLD ARRINGTON ROAD FOR A DISTANCE
OF 1065.79 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE SOUTH CORNER OF SAID
22.565 ACRE TRACT AND AN EAST CORNER OF SAID LOT 1, BLOCK 5, GREENS PRAIRIE
CENTER, PHASE 2A;
THENCE: N 48° 37' 56" W ALONG THE COMMON LINE OF SAID 22.565 ACRE TRACT AND SAID
LOT 1 FOR A DISTANCE OF 1392.27 FEET TO THE POINT OF BEGINNING CONTAINING 34.905
ACRES OF LAND, MORE OF LESS.
SAVE AND EXCEPT FROM SAID TRACT THE FOLLOWING:
A 0.147 ACRE TRACT OF LAND OUT OF A 24.97 ACRE TRACT OUT OF THE AUGUSTUS
BABILLE SURVEY, ABSTRACT NO. 75, BRAZOS COUNTY, TEXAS, AS RECORDED IN VOLUME
1850, PAGE 248 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, SAID 0.147 ACRES SI
THE SAME TRACT DESCRIBED IN MEMORANDUM OF LEASE BETWEEN J. L. GANT AND B -CS
CELLULAR TELEPHONE COMPANY, INC., RECORDED IN VOLUME 2511, PAGE 25, OFFICIAL
RECORDS, BRAZOS COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT ON THE SOUTHEAST RIGHT -OF -WAY LINE OF GREENS PRAIRIE
ROAD, THE WEST CORNER OF A TRACT CALLED 0.036 ACRE AS RECORDED IN VOLUME 267,
PAGE 193 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, THE NORTH CORNER OF A
TRACT CALLED 0.20 ACRE AS RECORDED IN VOLUME 478, PAGE 86 OF THE DEED RECORDS
OF BRAZOS COUNTY, TEXAS, AND THE NORTH CORNER OF THE 24.97 ACRE TRACT;
THENCE: 5 70° 31' 50" E (BEARINGS ARE BASED ON TRUE NORTH BY SOLAR OBSERVATION),
47.34 FEET WITH THE SOUTH LINE OF THE TRACT CALLED 0.036 ACRE TO A POINT ON THE
WEST RIGHT -OF -WAY LINE OF ARRINGTON ROAD, THE NORTHEAST CORNER OF THE 24.97
AfD1 TIP AfT.
THENCE: S 74" 01' 50" W, 1 0.04 FEET TO AN ANGLE;
•
THENCE: S 70° 55' 17" W, .10 FEET TO AN ANGLE;
THENCE: N 45° 50' 08" W, 14.65 FEET TO AN ANGLE;
THENCE: N 44° 09' 52" E, 15.00 FEET TO A SET 1/2 INCH IRON ROD, THE POINT OF BEGINNING
AND EAST CORNER OF THIS TRACT;
THENCE: S 44° 09' 52" W, 80.00 FEET TO A SET 1/2 INCH IRON ROD, THE SOUTH CORNER OF
THIS TRACT;
THENCE: N 45° 50' 08" W, 80.00 FEET TO A SET 1/2 INCH IRON ROD, THE WEST CORNER OF
THIS TRACT;
THENCE: N 44° 09' 52" E, 80.00 FEET TO A SET 1/2 INCH IRON ROD, THE NORTH CORNER OF
THIS TRACT;
THENCE: S 45° 50' 08" E, 80.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.147 ACRE.
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 informational and /or identification purposes.
Title Vested In:
Brazos Texas Land Development, LLC and City of College Station, as Successor by Annexation to Brazos
County (as to 1.18 acres, more or less, part of Old Arrington Road)
Vesting Deed to owners shown herein was dated December 10, 2007 and recorded in Volume 8361, Page 279,
Official Records, Brazos County, Texas.
Subject To:
Deed of Trust to secure a Note:
Grantor: Brazos Texas Land Development, LLC
Trustee: Mark Gatzki
Beneficiary: City Bank
Amount: $9,500,000.00
Dated: December 10, 2007
Recorded: Volume 8362, Page 1, Official Records, Brazos County, Texas.
Said Note being additionally secured by Assignment of Rent, Income and Receipts:
Dated: December 10, 2007
Recorded: Volume 8362, Page 45, Official Records, Brazos County, Texas.
Said Note being additionally secured by Assignment of Rights, Warranties, Permits, Plans, Licenses and Contracts:
Dated: December 10, 2007
Recorded: Volume 8362, Page 53, Official Records, Brazos County, Texas.
Said Note being additionally secured by Assignment of Rights Under Construction Contract and Subordination
Agreement:
Dated: December 10, 2007
Recorded: Volume 8362, Page 62, Official Records, Brazos County, Texas.
Said Note being additionally secured by Assignment of Architect's Plans and Specifications and Consent:
Dated: December 10, 2007
Recorded: Volume 8499, Page 203, Official Records, Brazos County, Texas.
Said Note and Deed of Trust modified by Agreement:
Dated: December 10, 2010
less, portion of the Old Arringt Road right of way to Brazos Texas Land Devilment, LLC by City of College
Station as Successor by Ann ion to Brazos County, Texas.
Restrictions:
None of Record
Exceptions:
Blanket Easement:
From: J. D. Williams, Jr., et ux
To: City of Bryan
Dated: January 31, 1950
Recorded: Volume 141, Page 481, Deed Records, Brazos County, Texas.
Blanket Easement:
From: Mrs. J. D. Williams
To: Wellborn Water Supply Corporation
Dated: September 30, 1968
Recorded: Volume 273, Page 408, Deed Records, Brazos County, Texas.
Blanket Easement:
From: Cities Service Oil and Gas Corporation
To: Wellborn Water Supply Corporation
Dated: January 13, 1984
Recorded: Volume 683, Page 118, Official Records, Brazos County, Texas.
Blanket Easement:
From: Tom Hansen Company, Inc.
To: General Telephone Company of the Southwest
Dated: July 19, 1982
Recorded: Volume 555, Page 347, Deed Records, Brazos County, Texas.
Blanket Easement:
From: B. F. Swindler and Muriel P. Swindler
To: City of Bryan
Dated: April 20, 1950
Recorded: Volume 144, Page 33, Deed Records, Brazos County, Texas.
Blanket Right -of -Way Easement:
From: Tom Hansen Company, Inc.
To: City of Bryan
Dated: March 2, 1982
Recorded: Volume 516, Page 753, Deed Records, Brazos County, Texas.
Blanket Right -of -Way Easement:
From: B. F. Swindler and wife, Muriel Swindler
To: City of Bryan
Dated: July 6, 1961
Recorded: Volume 213, Page 509, Deed Records, Brazos County, Texas.
Public Utility Easement:
From: Texas Hotel Management, L.P.
To: City of College Station
Dated: June 8, 2007
Recorded: Volume 8030, Page 5, Official Records, Brazos County, Texas.
Access and Utility Easements in Memorandum of Lease:
From: J. L. Gaut
To: B -CS Cellular Telephone Company, Inc.
Dated: June 28, 1995
Recorded: Volume 2511, Page 25, Official Records, Brazos County, Texas.
To: City of Brya
Dated: July 16, 19
Recorded: Volume 213, age 499, Deed Records, Brazos County, Texas.
Electrical Easement:
From: Cities Services Company
To: City of Bryan
Dated: April 23, 1982
Recorded: Volume 519, Page 345 and Volume 537, Page 792, Deed Records, Brazos County, Texas.
Telephone Easement:
From: Cities Service Oil and Gas Corporation
To: General Telephone Company of the Southwest
Dated: April 5, 1984
Recorded: Volume 672, Page 173 and Volume 681, Page 144, Official Records, Brazos County, Texas.
Electrical Easement:
From: Cities Service Oil and Gas Corporation
To: City of Bryan
Dated: March 14, 1985
Recorded: Volume 773, Page 522, Official Records, Brazos County, Texas.
Easements:
From: OXY USA, Inc.
To: City of College Station
Dated: November 7, 1990
Recorded: Volume 1231, Page 378, Official Records, Brazos County, Texas.
Easement:
From: Brazos Texas Land Development, LLC
To: City of College Station
Dated: February 22, 2008
Recorded: Volume 8460, Page 1, Official Records, Brazos County, Texas.
Easement:
From: Brazos Texas Land Development, LLC
To: City of College Station
Dated: February 22, 2008
Recorded: Volume 8460, Page 19, Official Records, Brazos County, Texas.
Easement:
From: Brazos Texas Land Development, LLC
To: City of Bryan d/b /a Bryan Texas Utilities
Dated: November 12, 2009
Recorded: Volume 9424, Page 238, Official Records, Brazos County, Texas.
Waterline Easement:
From: J. L. Gaut
To: Wellborn Special Utility District
Dated: December 8, 2000
Recorded: Volume 4021, Page 260, Official Records, Brazos County, Texas.
Variable width Easement on the northwest side:
From: J. L. Gaut
To: City of Bryan
Dated: February 14, 2003
Recorded: Volume 5148, Page 289, Official Records, Brazos County, Texas.
Terms, Conditions, and Stipulations in the Agreement and License for the Installation of Electric Facilities in
Easement by and between:
Parties: B -CS Cellular Telephone Co., Inc. and City of College Station
Dated: March 1, 1996
Recorded: Volume 2555, Page 54, Official Records, Brazos County, Texas.
Mineral Deed:
By: James Rus aunders and wife, Doris V. Saunders
•
To: Texas Hotel anagement, L.P., a Texas limited partnership
Dated: November 16, 2007
Recorded: Volume 8361, Page 276, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Mineral Reservation in Deed:
By: Milton D. Williams
To: Cities Service Company
Dated: October 20, 1981
Recorded: Volume 498, Page 666, Deed Records, Brazos County, Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument.
Mineral Reservation in Deed:
By: Cities Service Company
To: Cities Service Oil and Gas Corporation
Dated: June 13, 1983
Recorded: Volume 585, Page 714, Deed Records, Brazos County, Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument.
Mineral Reservation in Deed:
By: Cities Service Oil and Gas Corporation
To: OXY Cities Service NGL, Inc.
Dated: April 25, 1986
Recorded: Volume 882, Page 754, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Mineral, Groundwater and Sub - Surface Easement Reservation with Surface Waiver in Correction Warranty Deed
with Vendor's Lien:
By: DMC Corporation
To: J Bar Mc and Associates, Ltd.
Dated: October 6, 2003
Recorded: Volume 5684, Page 247, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Royalty Reservation in Warranty Deed with Vendor's Lien:
By: R. W. Butler
To: Jerry Shelton and wife, Rosa Shelton
Dated: October 1, 1965
Recorded: Volume 255, Page 54, Deed Records of Brazos County, Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument.
Oil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor: Myrtle Elizabeth Williams, et al
Lessee: Grand Energy, Inc.
Dated: September 16, 1998
Recorded: Volume 3258, Page 130, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument.
Reservation of Oil, Gas and Other Minerals together with the Right of Ingress and Egress in Warranty Deed with
Vendor's Lien:
Lessor: Curtis Vibrock and Frank S. Herring
Lessee: Tom Hansen Company
Dated: July 8, 1981
Recorded: Volume 487, Page 122, Deed Records, Brazos County, Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument.
Reservation of Oil, Gas and Other Minerals together with the implied Right of Ingress and Egress in Warranty Deed:
Lessor: Ed S. Wicks, et al
Lessee: J. E. Marsh
Dated: April 28, 1940
Recorded: Volume 103, Page 279, Deed Records, Brazos County, Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument.
Lessee: Don B. Ma Trustee
Dated: August 23,
Recorded: Volume 597, age 609, Deed Records, Brazos County, Texas. Title to said interest has not been
investigated subsequent to the date of the aforesaid instrument.
Oil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor: Myrtle Elizabeth Williams, et al
Lessee: Grand Energy, Inc.
Dated: September 16, 1998
Recorded: Volume 3258, Page 130, Official Records, Brazos County, Texas. Title to said interest has not
been investigated subsequent to the date of the aforesaid instrument. (Applies to Old Arrington Road R.O.W.
only)
Upon examination of the public records of Brazos County, Texas, we find no exception to title of the subject
property other than those shown above. This Title Report is issued with the express understanding, evidenced by
acceptance of same, that the liability of the undersigned is limited to the actual monetary consideration paid for
same.
U ive i Title Compan,
t. 49 _ 4 ,,,
(LBJ)