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HomeMy WebLinkAboutTitle Report02/19/02 TUE 13:54 FAX 979 779 7979 B.C. ABSTRACT COMMONWEALTH LAND TITLE INSURANCE COMPANY SCHEDULE A Effective Date: February 4, 2002 at 8:00 AM Commitment issued February 13, 2002 1. POLICY OR POLICIES TO BE ISSUED ARE: (a) OWNER POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one-to-tour family residential real estate) POLICY AMOUNT: PROPOSED INSURED: ED FROEHLING BUILDER, INC. (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE ONE-TO-FOUR FAMILY RESIDENCES (Form T-1 R) POLICY AMOUNT: PROPOSED INSURED: (c) MORTGAGEE POLICY OF TITLE INSURANCE (Form T-2) POLICY AMOUNT: PROPOSED INSURED: PROPOSED BORROWER: 121002 File No.: 136084 (d) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) POLICY AMOUNT: PROPOSED INSURED: PROPOSED BORROWER: (e) OTHER POLICY AMOUNT: PROPOSED INSURED: 2. THE INTEREST IN THE LAND COVERED BY THIS COMMITMENT IS: FEE SIMPLE 3 RECORD TITLE TO THE LAND ON THE EFFECTIVE DATE APPEARS TO BE VESTED IN: PORTER FAMILY PARTNERS, LTD. and JANE MORRISON WOOD, Individually and as Independent Executrix of the Estate of Robert P. Wood, Deceased 4. LEGAL DESCRIPTION OF THE LAND: Being all that certain tract or parcel of land lying and being situated in the ROBERT STEVENSON LEAGUE, Abstract No. 54 in College Station, Brazos County, Texas and being part of the 99.24 acre tract described in the Substitute Trustee's Deed to E. Boswell Porter and Robert P. Wood recorded in Volume 929, Page 216 of the Official Records of Brazos County, Texas (O.R.B.C.) and being more particularly described by metes and bounds as follows: BRAZOS COUNTY ABSTRACT COMPANY B qor~iz=dignature 02/19/02 TUE 13:54 FAY 979 779 7979 B.C. ABSTRACT QJ 003 COMMONWEALTH LAND TITLE INSURANCE COMPANY SCHEDULE A File No. 136084 (Continued) BEGINNING: at a found 1/2-inch iron rod marking the south corner of this tract, the east corner of a 87.888 acre Edward Froehling tract as recorded in Volume 2986, Page 201 (O.R.B.C.), and being in the northwest line of the 519.23 acre Timothy J. Crowley tract as recorded in Volume 1415, Page 74 (O.R.B.C.); THENCE: N 44° 33'49" W (called N 44° 40'30" W) for a distance of 1596.04 feet to a 1/2-inch iron rod set for corner marking the west corner of this tract, and the south corner of the Resubdivision Plat of Lot 25, Block 14, Shenandoah, Phase One as recorded in Volume 2355, Page 215 (O.R.B.C.); THENCE: N 45° 02' 18" E (called N 45° 02' 26" E) at 390.32 feet pass a found 1/2-inch iron rod in concrete marking the east corner of the said Resubdivision Plat of Lot 25, Block 14, Shenandoah, Phase One, said iron rod also being the south corner of the Resubdivision of Shenandoah, Phase One as recorded in Volume 1087, Page 817 (O.R.B.C.), continue on for a total distance of 1500.92 feet to a 1/2-inch iron rod set for corner, said iron rod being in the southwest right-of-way line of Hunter Creek Drive (based on a 50' width) as recorded ;'in Volume 590; Page 251 of the Brazos County Deed Records THENCE: S 44° 57'42* E along the southwest line of said Hunter Greek Drive for a distance of 109.77 feet (called S 44° 57'34" E - 120:00') to a set 1/2-inch'ron rod for.corner; THENCE: N 45° 02' 22" E (called N 450.,02' 26" E) along the southeast line of Shenandoah, Phase One as described in Volume 590,, Page 251 (B.C.D.R.), ;said line also being the southeast line of the Resubdivision of a portion of Shenandoah, Phase One (1087/817), at 175.61 feet pass a found 1/2-inch iron rod marking the south corner of Lot 4, Block .8, Shenandoah,. Phase One, at 575.38 feet pass a found 1/2-inch iron rod marking the south comer of Tiffany Trail right-of-way (based on a 50' width), at 625.33 feet pass the east corner of said Tiffany Trail right-of-way and continue for a total distance of 765.00 feet to a set 1/2-inch iron rod for comer, said iron rod also marking the east margin of a 20-foot wide public alley; THENCE: N 44° 57'38" W (called N 44° 57'34" W) along the northeast line of said alley for a distance of 20.00 feet to a 1/2-inch iron rod set for corner; THENCE: 'N 45° 02' 22" E continuing along the southeast line of said Resubdivision, at 160.30 feet pass a found 1/2-inch iron rod marking the east corner of Windswept Drive right-of-way (based on a 50' width), at 270.35 feet pass a found 1/2-inch iron rod marking the original east corner of Lot 7, Block 2, Shenandoah, Phase One, continue for a total distance of 479.96 feet (called N 45° 02'26" E - 479.98') to a set 1/2-inch iron rod for the most northerly corner of this 51.133 acre tract, said iron rod also being in the southwest right-of-way line of State Highway No. 6 (based on a 329.9' width); THENCE: S 46° 00'22" E (called S 46° 00'28" E) along said State Highway No. 6 line, at 462.45 feet pass a found concrete highway monument for reference, continue for a total distance of 485.03 feet to a set 1/2-inch iron rod for corner, from whence a found 1/2-inch iron rod bears N 57° 39' 02" E at a distance of 0.67 feet for reference; THENCE: S 45° 03' 24" W along common line of this tract and the 9.48 acre CIC Agency Inc. tract described in Volume 1532, Page 208 (O.R.B.C.) for a distance of 2003.56 feet (called S 45° 02'26" W - 2003.85') to a found 1/2-inch iron rod for corner; 02/19/02 TUE 13:55 FAX 979 779 7979 B.C. ABSTRACT l?] 004 COMMONWEALTH LAND TITLE INSURANCE COMPANY SCHEDULE A File No. 136084 (Continued) ~CG~0THENCE: S 44° 53' 37" E along the southwest line of said 9.48 acre tract and the 8.174 acre KTH Investments tract desoribed in Volume 3899, Page 309 (O.R.B-C.) for a distance of 408.45 feet (called F 4° 53' 28"' - 408.66') to a found 5/8-inch iron rod marking the common corner of the said 8.174 cre tract ande 14.28 acre KS Moss Capital Corporation tract as recorded in Volume 2763, Page 147 THENCE: S 44° 35' 38" E for a distance of 614.50 feet (called S 44° 35' 49" E - 614.47') along the southwest line of said 14.28 acre tract and the 14.23 acre Jewel T. Pigg tract described in Volume 4051, Page 176 (O.R.B.C.) to a new 8" creosote fence post for the common corner of this tract and the said 14.23 acre tract, said fence post also being in the northwest line of the beforesaid 519.23 acre Timothy J. Crowley tract; THENCE: S 450 06' 59" W along said 519.23 acre tract for a distance of 757.82 feet (called S 45° 07' 29" W - 757.92') to the POINT OF BEGINNING and containing 51.133 acres of land, more or less. 02/19/02 TUE 13:55 FAR 979 779 7979 B.C. ABSTRACT 01005 COMMONWEALTH LAND TITLE INSURANCE COMPANY SCHEDULEB File No. 136084 EXCEPTIONS FROM COVERAGE IN ADDITION TO THE EXCLUSIONS AND CONDITIONS AND STIPULATIONS, YOUR POLICY WILL NOT COVER LOSS, COSTS, ATTORNEY'S FEES, AND EXPENSES RESULTING FROM: 1. THE FOLLOWING RESTRICTIVE COVENANTS OF RECORD ITEMIZED BELOW (WE MUST EITHER INSERT SPECIFIC RECORDING DATA OR DELETE THIS EXCEPTION): Item No. 1 is hereby deleted in its entirety. 2. ANY DISCREPANCIES, CONFLICTS, OR SHORTAGES IN AREA OR BOUNDARY LINES, OR ANY ENCROACHMENTS OR PROTRUSIONS, OR ANY OVERLAPPING OF IMPROVEMENTS. 3. HOMESTEAD OR COMMUNITY PROPERTY OR SURVIVORSHIP RIGHTS, IF ANY, OF ANY SPOUSE OF ANY INSURED. (APPLIES TO THE OWNER POLICY ONLY.) 4. ANY TITLES OR RIGHTS ASSERTED BY ANYONE, INCLUDING, BUT NOT LIMITED TO, PERSONS, THE PUBLIC, CORPORATIONS, GOVERNMENTS 0. R OTHER ENTITIES. A. TO TIDELANDS, OR LANDS COMPRISING THE SHORES- OR BEDS OF NAVIGABLE OR PERENNIAL RIVERS AND STREAMS, LAKES, BAYS, GULFS OR OCEANS, OR B. TO LANDS BEYOND THE LINE OF THE HARBOR OR BULKHEAD LINES AS ESTABLISHED OR CHANGED BY ANY GOVERNMENT, OR C. TO FILLED-IN LANDS, OR ARTIFICIAL ISLANDS, OR D. TO STATUTORY WATER RIGHTS, INCLUDING RIPARIAN RIGHTS, OR E. TO THE AREA EXTENDING FROM THE LINE OF MEAN LOW TIDE TO THE LINE OF VEGETATION, OR THE RIGHTS OF ACCESS TO THAT AREA OR EASEMENT ALONG AND ACROSS THAT AREA. (APPLIES TO THE OWNER POLICY ONLY.) 5. STANDBY FEES, TAXES AND ASSESSMENTS BY ANY TAXING AUTHORITY FOR THE YEAR 2002, 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. 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 ONLY, AND MAY BE MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION DELETED IF SATISFACTORY EVIDENCE IS PROVIDED TO US BEFORE A BINDER IS ISSUED.) 8. LIENS LIEN OF THE LEASE N , BUT THAT ARE INSURED MORTGAGE. (APPLIES TO MORTGAGEE POLICY ONLY.) SUBORDINATE TO THE L T g. THE FOLLOWING ITHE OF THE DOCUMENT CREATING OR OFFERING MATTERS (WE MUST INSERT MATTERS OR DELETE THIS EXCEPTION,): EVIDENCE a. Rights of Parties in Possession. (Owner Policy Only) 02/19/02 TUE 15:56 FAX 979 779 7979 B.C. ABSTRACT Z006 COMMONWEALTH LAND TITLE INSURANCE COMPANY File No. 136084 SCHEDULE B (Continued) b. Easements, or claims of easements, which are not recorded in the public records. (Owner Policy Only) c. Easements and building lines as shown of record on Plats of Shenandoah, Phase One, recorded in Volume 590, page 251, Deed Records of Brazos County, Texas and Volume 1087, page 817 and Volume 2355, page 215, Official Records of Brazos County, Texas. d, Right-of-Way Easement from P. L. Barron, et ux to the City of Bryan, dated September 15, 1937, recorded in Volume 98, page 318, Deed Records of Brazos County, Texas. e. Right-of-Way Easement as shown in C C Judgment styled the City of Bryan - vs- 1. S. Brochstein, et al, recorded in Volume 298, page 357, Deed Records of Brazos County, Texas. I. Right-of-Way Easement from B87 Deed Records of Brazos County, Texasn, dated April 17, 1974, recorded in Volume 327, page g. Right-of-way Easement from Boswell,E, .Porter, et_ Al 10 Producers Gas Company, dated July 27, 1981, recorded in Volume 534, page 1,1 5, Deed Records of Brazos County, Texas. h. Utility Easement from Spencer Wendt,,Trustee,to:the City of College Station, dated April 21, 1983, recorded in Volume 572, page 390; Deed Records of Brazos County, Texas, i. Right-of-Way Easement from. E. Boswell Porter to the ,City ,of Bryan, Texas, dated February 10, 1982, recorded in Volume 524, page 634, Deed Records of Brazos County, Texas. j. Utility easement from J. Spencer Wendt, Trustee to the C.ty,of College Station, dated November 11, 1983, recorded in Volume 624, page 254, Official Records' of Brazos County, Texas. Right-of-Way Easement from J. Spencer Wendt, Trusteb to General Telephone Company of the Southwest, dated March 19, 1984, recorded. in Volume 666, page 313, Official Records of Brazos County, Texas. 1. Royalty reservation in Deed from Mrs. Gladys B. Dowling to I. S. Brockstein, dated March 29, 1958, recorded in Volume 189, page 215, Deed Records of Brazos County, Texas. Title to this reservation has not been traced subsequent to the date of the above-cited instrument. m. Royalty reservation in Deed from I. So10StDeedtReal to E. Boswell Porter, Trstee, cords of Brazos CountyuTexas.aTitetothis 31, 1971, recorded in Volume 298, page reservation has not been traced subsequent to the date of the above-Cited instrument. dated April 26, n. Mineral reservation in Deed from E. Boswell Porter, at al to John A. Sage, Trustee, 1974, recorded in Volume 326, page 759, Official Records of Brazos County, Texas. Title to this reservation has not been traced subsequent to the date of the above-cited instrument. o. Mineral reservation in Deed from Robert P. Wood, et al to J. Spencer Wendt, Trustee, dated November 1, 1982, recorded in Volume 545, page 594, Deed Records of Brazos County, Texas. Title to this reservation has not been traced subsequent to the date of the et al, dated November 1, 1982, p. Mineral Deed from Robert P. Wood, at al to J. Stanley Stephen, recorded in Volume 545, page 700, Deed Records of Brazos County, Texas. Title to this mineral interest has not been traced subsequent to the date of the above-cited instrument. 02/19/02 TUE 13:56 FAX 979 779 7979 B.C. ABSTRACT 2007 COMMONWEALTH LAND TITLE INSURANCE COMPANY File No. 136084 (Continued) interest has not been traced subsequent to the date of the above-cited instrument. q. Correction Mineral Deed from E. Boswell Porter, et al to Steven N. Porter, et al, dated September Texas. Title to 18, 1991, recorded in Volume 1398, page 223, Official Records of Brazos County, this mineral interest has not been traced subsequent to the date of the above-cited instrument. dated vices Company r. Estate created by Oil and Gas Lease from E. Boswell Porter O&GLt Recioi ds of rBaazos County, Texas. September 10, 1978, recorded in Volume 24, page 201, Title to this lease has not been traced subsequent to the date of the above-cited instrument. Com s. Estate created by Oil and Gas Lease from Joh age 329, O&GL Records osBrazos CouPtyyTexas. September 8, 1976, recorded in Volume 25, p Title to this lease has not been traced subsequent to the date of the above-cited instrument. t. Estate created by Oil and Gas Leases'~from Phillip L Tremont, et al to Sage Energy Company, dated November, 1992, recorded in Volume 4709; page .164;, 68, 215, 221 and 227, Official Records of Brazos County, Texas. Title to,this lease has not been traced subsequent to the date of the above- cited instrument. . It does not u. The Tax Certificate furnished by the!texing authoritieo is:issue s on real ssumedestate only for the payment include minerals and/or personal. property, therefore, no,liability a herein of said mineral and/or personal' property,tax. v All oil as and other minerals in and under the herein described property, together with any rights of .9 served s in ingress and egress, mining oif om privileges heeundereand this Company does noott insurre,rtitle title. There is expressly excluded property to oil, gas and other minerals of every kind and character, in, on and under the prop y described.