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• Aggieland Title Company
GF# 29196
EXAMINER'S REPORT
RECORD TITLE AT THE EFFECTIVE DATE HEREOF APPEARS TO BE VESTED IN
Alan R. Morgan and Sandra Morgan as to 1.066 acres
(to be known as Lot 151, Block 6, Saddle Creek Subdivision, Phase 8)
John A. Malley and Jennifer B. Todd as to the remainder
THE LAND REFFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND
LYING AND BEING SITUATED IN THE JAMES C. STUTEVILLE LEAGUE, ABSTRACT NO.
216, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF
A CALLED 359.07 ACRE TRACT AS DESCRIBED BY A DEED TO JOHN A. MALLEY AND
JENNIFER B. TODD RECORDED IN VOLUME 7427, PAGE 210 OF THE OFFICIAL PUBLIC
RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A Y2 INCH IRON ROD FOUND ON THE EXTENSION OF THE NORTHEAST
LINE OF SADDLE CREEK DRIVE (100' R.O.W.) MARKING THE SOUTH CORNER OF LOT
149R, BLOCK 6, SADDLE CREEK SUBDIVISION, PHASE 7B, ACCORDING TO THE PLAT
RECORDED IN VOLUME 10508, PAGE 28 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS
COUNTY, TEXAS;
THENCE: N 26° 36' 17" E ALONG THE COMMON LINE OF SAID LOT 149R AND SAID
REMAINDER OF 359.07 ACRE TRACT FOR A DISTANCE OF 288.41 FEET TO A Y2 INCH IRON
ROD FOUND MARKING THE EAST CORNER OF SAID LOT 149R;
THENCE: THROUGH SAID REMAINDER OF 359.07 ACRE TRACT FOR THE FOLLOWING
CALLS:
N 04° 36' 40" E FOR A DISTANCE OF 152.31 FEET;
N 39° 56' 29" E FOR A DISTANCE OF 297.02 FEET;
N 72° 04' 01" E FOR A DISTANCE OF 489.83 FEET;
3740 Copperfeld Drive, Suite 101 • Bryan, Texas 77802
Phone (979) 731 -8400 • FAX (979) 731 -8408
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N 64° 28' 11" E FOR A DISTANCE OF 1 10.61 FEET;
S 34° 26' 02" E FOR A DISTANCE OF 108.96 FEET TO THE COMMON LINE OF SAID
REMAINDER OF 359.07 ACRE TRACT AND DUCK HAVEN, PHASE 5, ACCORDING
TO THE PLAT RECORDED IN VOLUME 8629, PAGE 105 OF THE OFFICIAL PUBLIC
RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: S 41° 55' 14" W ALONG THE COMMON LINE OF SAID REMAINDER OF 359.07
ACRE TRACT AND DUCK HAVEN ,PHASE 5, FOR A DISTANCE OF 899.98 FEET TO A 1/4 INCH
IRON ROD FOUND MARKING THE COMMON CORNER OF SAID REMAINDER OF 359.07
ACRE TRACT AND SAID PHASE 5;
THENCE: S 47° 03' 30" E CONTINUING ALONG THE COMMON LINE OF SAID REMAINDER
OF 359.07 ACRE TRACT AND DUCK HAVEN, PHASE 5, FOR A DISTANCE OF 1548.37 FEET
TO A POINT ON THE COMMON LINE OF SAID REMAINDER OF 359.07 ACRE TRACT AND
DUCK HAVEN, PHASE 4, ACCORDING TO THE PLAT RECORDED IN VOLUME 7819, PAGE
166 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: THROUGH SAID REMAINDER OF 359.07 ACRE TRACT FOR THE FOLLOWING
CALLS:
S 42° 57' 16" W FOR A DISTANCE OF 405.59 FEET;
S 06° 52' 18" W FOR A DISTANCE OF 92.72 FEET;
S 54° 21' 21" W FOR A DISTANCE OF 160.15 FEET TO THE BEGINNING OF A
CLOCKWISE CURVE HAVING A RADIUS OF 750.00 FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15° 20' 45" FOR AN ARC
DISTANCE OF 200.88 FEET (CHORD BEARS: N 30° 09' 04" W - 200.28 FEET) TO THE
END OF SAID CURVE;
N 22° 28' 41" W FOR A DISTANCE OF 87.32 FEET;
S 67° 31' 19" W FOR A DISTANCE OF 100.00 FEET;
S 22° 28' 41" E FOR A DISTANCE OF 87.32 FEET TO THE BEGINNING OF A
COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 850.00 FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16° 08' 07" FOR AN ARC
DISTANCE OF 239.37 FEET (CHORD BEARS: S 30° 32' 45" E - 238.58 FEET) TO THE
END OF SAID CURVE;
S 48° 23' 51" W FOR A DISTANCE OF 95.85 FEET;
S 61° 16' 30" W FOR A DISTANCE OF 150.16 FEET;
S 22° 24' 09" W FOR A DISTANCE OF 21.01 FEET;
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GF# 29196
N 47 ° 03' 30" W FOR A DISTANCE OF 3.00 FEET TO THE PLATTED END OF SADDLE
CREEK DRIVE (100' R.O.W.);
THENCE: N 42° 56' 30" E ACROSS THE PLATTED END OF SADDLE CREEK DRIVE FOR A
DISTANCE OF 100.00 FEET TO THE SOUTHWEST LINE OF SAID LOT 149R;
THENCE: S 47° 03' 30" E ALONG THE SOUTHWEST LINE OF SAID LOT 149R, SAME BEING
THE EXTENSION OF THE NORTHEAST LINE OF SADDLE CREEK DRIVE, FOR A DISTANCE
OF 236.12 FEET TO THE POINT OF BEGINNING CONTAINING 43.286 ACRES OF LAND,
MORE OF LESS.
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RESTRICTIVE COVENANTS:
None
SCHEDULE B EXCEPTIONS
a. Easements or claims of easements which are not recorded in the public records of
Brazos County, Texas.
b. Blanket Easement granted to Wellborn Water Supply Corporation by J. C. Wade as set
out in instrument dated August 17, 1971, recorded in Volume 303, page 385 of the
Deed Records of Brazos County, Texas.
c. Pipeline right -of -way granted to Aquila Southwest Pipeline Corporation, a Delaware
Corporation from Louise Wade and J.E. Wade as set out in instrument dated October 1,
1992, recorded in Volume 1842, page 337 of the Official Public Records of Brazos
County, Texas.
d. Royalty interest in all of the oil, gas and other minerals in and under the herein
described property assigned to Kenneth M. Robison by Louise Wade, individually and
as Executrix of the Estate of J. C. Wade and as Trustee /Guardian, Eugene Wade,
individually and as Trustee /Guardian, and AnnaBelle Wade, individually in instrument
dated July 7, 1983, recorded in Volume 601, page 417 of the Official Public Records of
Brazos County, Texas. Title to this interest not investigated subsequent to date of said
instrument.
e. Mineral Reservation as set out in deed dated June 30, 2006 from Minnie Louise Wade
aka Louise S. Wade and Annie Belle Wade to John A. Malley and Jennifer B. Todd,
recorded in Volume 7427, page 198, Official Public Records of Brazos County, Texas.
Title to this interest not investigated subsequent to date of said instrument.
f. Estate created by oil, gas and mineral lease granted to Peter Paul Petroleum Company
by Louise Wade, individually and as Executrix of the Estate of J. C. Wade and as
Trustee /Guardian; Eugene Wade, individually and as Trustee /Guardian; and Annabelle
Wade, individually by instrument dated July 1, 1983, recorded in Volume 604, page
437 of the Official Public Records of Brazos County, Texas, and all terms, conditions
and stipulations contained therein. Title to this lease has not been investigated
subsequent to date thereof.
g. Estate created by oil, gas and mineral lease granted to Union Pacific Resources
Company by Louise S. Wade, Annie Belle Wade, Steven Ray Wade, Bradley C. Wade,
Richard Eugene Wade, individually and as trustee for Laura Audnette Wade by
instrument dated July 31, 1990, recorded in Volume 1209, page 244 of the Official
Public Records of Brazos County, Texas, and all terms, conditions and stipulations
contained therein. Title to this lease has not been investigated subsequent to date
thereof. Said lease ratified in instrument dated December 1, 1993, recorded in Volume
1978, page 143 of said Official Public Records.
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h. Corrected Memorandum of Oil, Gas and Mineral Lease dated February 16, 2001, by
and between Louise, S. Wade, James Eugene Wade, Annie Belle Wade, Steven Ray
Wade, Bradley C. Wade, Richard Eugene Wade, Laura Audnette Crenshaw and Lometa
Petroleum Corporation, recorded in Volume 4313, page 311 of the Official Public
Records of Brazos County, Texas. Title to this interest not checked subsequent to date
of said instrument. Said lease ratified in instrument dated September 7, 2001, recorded
in Volume 4313, page 314 of said Official Public Records.
i. Rights of parties in possession.
CURATIVE MATTERS
a. Vendor's Lien retained in deed dated June 30, 2006 from Minnie Louise Wade aka
Louise S. Wade and Annie Belle Wade to John A. Malley and Jennifer B. Todd
recorded in Volume 7427, page 198, securing the payment of one note of even date
therewith in the principal sum of $970,000.00, payable to Capital Farm Credit, FLCA,
and additionally secured by Deed of Trust of even effective date therewith executed by
Jennifer B. Todd and John A. Malley to Ben R. Novosad, Trustee, said deed of trust
filed for record with the County Clerk of Brazos County, Texas on July 5, 2006 and
recorded in Volume 7427, page 215 of the Official Public Records of Brazos County,
Texas.
b. Vendor's Lien retained in deed dated November 21, 2011 from Saddle Creek Partners,
Ltd., a Texas limited partnership to Alan R. Morgan and Sandra Morgan recorded in
Volume 10428, page 50, securing the payment of one note of even date therewith in the
principal sum of $47,250.00, payable to Prosperity Bank -120, and additionally secured
by Correction Deed of Trust of even date therewith executed by Alan R. Morgan and
Sandra Morgan to David Zalman, Trustee, said deed of trust filed for record with the
County Clerk of Brazos County, Texas on January 20, 2012 and recorded in Volume
10503, page 12 of the Official Public Records of Brazos County, Texas.
c. Prosperity Bank -120, Alan R. Morgan and Sandra Morgan should ratify or sign Final
Plat of Saddle Creek Subdivision Phase 8.
d. This report does not cover matters of survey, including, but not limited to
discrepancies, conflicts or shortages in area or boundary lines or any encroachments or
protrusions or any overlapping improvement.
e. Standby fees, taxes and assessments have not been investigated.
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GF# 29196
This report is prepared and delivered with the express understanding and agreement, evidenced by the
acceptance hereof, that the undersigned is not rendering an opinion as to the title to the land under
investigation herein, and while believing its construction of the records as hereinabove set out to be true
and correct, still will incur no liability beyond the fee paid for this report by reason of such construction,
nor will it be liable for any error or omission of any kind whatsoever. This report is prepared for
informational purposes only, exclusively for the party paying the fee.
EXAMINER' SIGNATURE
Preparation Date: May 21, 2012
Effective Date: May 7, 2012
Effective Time: 07:00 am
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GF# 29196
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N 49° 44' 11" W FORA DISTANCE OF 312.75 FEET;
S 27° 11' 39" W FOR A DISTANCE OF 35.78 FEET;
N 62° 48' 21" W FOR A DISTANCE OF 70.00 FEET;
N 70° 36' 45" W FOR A DISTANCE OF 509.30 FEET TO THE EASTERLY LINE OF
SADDLE CREEK SUBDIVISION, PHASE 9, ACCORDING TO THE PLAT RECORDED
IN VOLUME 10589, PAGE 17 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS
COUNTY, TEXAS;
THENCE: ALONG THE COMMON LINE OF SAID REMAINDER OF 359.07 ACRE TRACT
AND SADDLE CREEK SUBDIVISION, PHASE 9, FOR THE FOLLOWING CALLS:
N 18° 39' 32" E FOR A DISTANCE OF 53.97 FEET;
N 20° 33' 13" E FOR A DISTANCE OF 220.72 FEET;
N 26° 06' 42" W FOR A DISTANCE OF 99.37 FEET;
N 04° 49' 37" E FOR A DISTANCE OF 126.62 FEET;
S 81 ° 31' 40" E FOR A DISTANCE OF 51.19 FEET;
N 26° 36' 47" E FOR A DISTANCE OF 70.81 FEET;
N 15° 47' 09" W FOR A DISTANCE OF 116.40 FEET;
N 19° 58' 25" E FOR A DISTANCE OF 86.78 FEET;
N 33° 38' 17" W FOR A DISTANCE OF 176.02 FEET;
N 04° 56' 03" E FOR A DISTANCE OF 54.09 FEET;
N 14° 40' 42" W FOR A DISTANCE OF 98.95 FEET;
N 40° 11' 18" W FOR A DISTANCE OF 90.89 FEET;
N 36° 44' 58" W FOR A DISTANCE OF 181.52 FEET;
N 04° 20' 08" E FOR A DISTANCE OF 69.25 FEET;
N 43° 05' 30" W FOR A DISTANCE OF 84.05 FEET TO THE BEGINNING OF A
COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 750.00 FEET;
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03° 58' 00" FOR AN ARC
DISTANCE OF 51.92 FEET (CHORD BEARS: N 45° 04' 30" W - 51.91 FEET) TO THE
END OF SAID CURVE;
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