HomeMy WebLinkAboutTitle Report �►► •
Lawyers Title Company of Brazos County
1450 Copperfield Parkway
College Station, TX 77845
Phone: 979-776-3600
Fax: 979- 776 -2383
TITLE REPORT
Date: January 9, 2013
File No.: GF No. M2318
Record Title at the Effective Date Hereof is Vested in:
Grace Stallone Abbate, Individually, and Grace Stallone Abbate and Charles Anthony
Abbate, Co- Trustees of the Jim Abbate Testamentary Trust.
The Land Referred to In this Report is Described as Follows:
Being all that certain tract or parcel of land lying and being situated in the JAMES
ERWIN SURVEY, Abstract No. 119 and the PETER NORTON SURVEY, Abstract No.
186 in College Station, Brazos County, Texas and being a portion of the called 336.36
acre Tract One conveyed from R.S. Martin to Jim Abbate by deed recorded in Volume
206, page 533 of the Brazos County Deed Records (B.C.D.R.) and being more
particularly described by metes and bounds as follows:
BEGINNING: at a found 1/2 -inch iron rod marking the north corner of Lot 7, Block 4,
SHERWOOD HEIGHTS, SECTION 2 as recorded in Volume 361, Page 237 of the
Deed Records of Brazos County (D.R.B.C.) and being in the southeast margin of the
10.15 acre Rock Prairie Road right -of -way tract recorded in Volume 3360, Page 266
( O.R.B.C.);
THENCE: along the southeast margin of the said Rock Prairie Road right -of -way tract
for the following eight (8) calls:
1) N 44° 18' 18" E for a distance of 203.84 feet to a found 1/2 -inch iron rod for the
Point of Curvature of a curve to the right,
2) 212.32 feet along the arc of said curve having a central angle of 24° 19' 47 ", a
radius of 500.00 feet, a tangent of 107.78 feet and a long chord bearing N 56° 28' 11" E
at a distance of 210.72 feet to a found 1/2 -inch iron rod for corner,
3) S 11° 16' 35" E for a distance of 120.51 feet to a found 1/2-inch iron rod for
corner,
•
• •
4) S 75° 51' 14" E for a distance of 515.61 feet to a found 1/2 -inch iron rod for
corner,
5) N 32° 18' 34" E for a distance of 152.84 feet to a found 1/2 -inch iron rod for
comer,
6) N 20° 44' 41" W for a distance of 111.16 feet to a found 1/2-inch iron rod for
corner,
7) S 82° 38' 07" E for a distance of 1030.91 feet to a found 1/2 -inch iron rod for the
Point of Curvature of a curve to the left, and
8) 292.00 feet along the arc of said curve having a central angle of 27° 53' 03 ", a
radius of 600.00 feet, a tangent of 148.95 feet and a long chord bearing N 83° 25' 21" E
at a distance of 289.13 feet to a found 1/2 -inch iron rod in the northwest line of the
called 5.00 acre Lover White Goodman -Woods tract recorded in Volume 9338, Page
243, said iron rod also being in the southeast line of the called 336.36 acre Abbate tract
and being in or near the common line of the said JAMES ERWIN SURVEY, A -119 and
the PETER NORTON SURVEY, A -7;
THENCE: S 43° 54' 04" W along the common line of the called 336.36 acre Abbate
tract, the northwest line of the called 5.00 acre Lover White Goodman -Woods tract and
the called 89.5 acre Abner White remainder tract recorded in Volume 984, Page 567
( B.C.D.R.) for a distance of 514.20 feet to a found 1/2 -inch iron rod;
THENCE: S 43° 21' 25" W continuing along the common line of the called 336.36 acre
Abbate tract and the called 89.5 acre Abner Whiter remainder tract, at 1041.19 feet
pass a 1/2 -inch iron rod set for reference, continue for a total distance of 1206.69 feet to
the centerline of West Hope Creek;
THENCE: along the centerline of said West Hope Creek for the following eight (8) calls:
1) S 54° 49' 46" E for a distance of 43.02 feet,
2) N 83° 53' 33" E for a distance of 71.54 feet,
3) S 74° 17' 39" E for a distance of 98.02 feet,
4) S 57° 00' 19" E for a distance of 39.94 feet,
5) S 18° 40' 29" E for a distance of 72.98 feet,
6) S 21° 43' 13" W for a distance of 85.80 feet,
7) S 08° 13' 58" W for a distance of 80.92 feet, and
8) S 52° 47' 44" W for a distance of 68.24 feet for corner;
THENCE: S 49° 08' 07" W for a distance of 135.23 feet to a 1/2 -inch iron rod marking
the north corner of the called 7.00 acre Lula Belle White Hollimon tract recorded in
Volume 9865, Page 182 (O.R.B.C.) and the east corner of SHERWOOD HEIGHTS,
SECTION 3, Subdivision as recorded in Volume 385, Page 665 (B.C.D.R.);
THENCE: N 35° 02' 53" W along the northeast line of said SHERWOOD HEIGHTS,
SECTION 3 (385/665) and SECTION 2 (361/237) for a distance of 1856.44 feet to the
POINT OF BEGINNING and containing 38.464 acres of land, more or less.
•
Exceptions:
1. Right Of Way Easement executed by Mrs. J.D. Jones to The City of Bryan,
Texas, dated March 3, 1950, recorded in Volume 141, Page 603, Deed Records
of Brazos County, Texas. (BLANKET)
2. Easement and Right -Of -Way executed by Jim Abbate and wife, Grace Abbate to
GTE Southwest Incorporated, dated March 23, 1992, recorded in Volume 1487,
Page 95, Official Records of Brazos County, Texas. (BLANKET)
3. Right Of Way Easement executed by Grace Stallone Abbate, Individually and as
Co- Trustee of the Jim Abbate Testamentary Trust and Charles Anthony Abbate,
Individually and as Co- Trustee of the Jim Abbate Testamentary Trust to Wellborn
Special Utility District, dated February 11, 1999, recorded in Volume 3645, Page
294, Official Records of Brazos County, Texas. (Blanket), and as noted on
survey prepared by Kevin R. McClure, R.P.L.S. No. 5650, dated August 2, 2012.
4. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights
incident thereto, contained in instrument dated May 1, 1954, recorded on May
13, 1954, in Volume 163, Page 388, Deed Records; Amended by instrument
recorded in Volume 662, Page 596, Official Records, all being of Brazos County,
Texas. Reference to which instrument is here made for particulars. No further
search of title has been made as to the interest(s) evidenced by this instrument,
and the Company makes no representation as to the ownership or holder of such
interest(s).
5. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights
incident thereto, contained in instrument dated March 8, 1995, recorded on
March 8, 1995, in Volume 2310, Page 15, Official Records of Brazos County,
Texas. Reference to which instrument is here made for particulars. No further
search of title has been made as to the interest(s) evidenced by this instrument,
and the Company makes no representation as to the ownership or holder of such
interest(s).
6. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other
minerals, together with all rights, privileges, and immunities relating thereto,
appearing in the Public Records. There may be leases, grants exceptions or
reservations of mineral interest that are not listed.
Curative Matters:
NONE
..
1 • •
THIS REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING, EVIDENCED
BY THE ACCEPTANCE OF SAME, THAT THE UNDERSIGNED, LAWYERS TITLE
COMPANY OF BRAZOS COUNTY DOES NOT UNDERTAKE HEREIN TO GIVE OR
EXPRESS ANY OPINION AS TO THE VALIDITY OF THE TITLE TO THE PROPERTY
ABOVE DESCRIBED, NOR AS TO THE VALIDITY OF ANY OF THE INSTRUMENTS
REPORTED HEREIN, INCLUDING THE PURPORTED DEED(S) ESTABLISHING THE
RECORD OWNER(S) CITED ABOVE, BUT IS SIMPLY REPORTING BRIEFLY
HEREIN, AS TO THE INSTRUMENTS FOUNDS OF RECORD PERTAINING TO THE
SUBJECT PROPERTY, AND IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT
THIS REPORT IS NEITHER A GUARANTY OR WARRANTY OF THE TITLE. Y
ACCEPTANCE OF THIS TITLE REPORT, IT IS UNDERSTOOD THAT THE LIABILITY
OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO $150,00. THIS SEARCH
HAS BEEN LIMITED TO THE ABOVE MATTERS AND THE ABOVE TIME PERIOD
AND LAWYERS TITLE COMPANY OF BRAZOS COUNTY HAS NOT SEARCHED
FOR, NOR HAS REFLECTED HEREIN, ANY EXAMINATION AS TO TAX SUITS,
SPECIAL ASSESSMENTS, CONFLICTS OR OTHER INSTRUMENTS WHICH MAY
AFFECT TITLE TO THE SUBJECT PROPERTY. IF TITLE INSURANCE COVERAGE,
WHICH IS NOT PROVIDED BY THIS REPORT, 1S NEEDED, SAID COVERAGE IS
AVAILABLE THROUGH THE APPLICABLE PROMULGATED POLICY(1ES), AT THE
SPECIFIED PROMULGATED PREMIUM.
OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, HAVE BEEN
CHECKED THROUGH December 31, 2012 @ 7:00 am.
Lawyers Title Company of Brazos County
_.,
By E �_ ` , . , , %V
9