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Home My WebLink About14-262__ -...,. CASE NO .: DATE SUBMITTED :...-~-.-~-- TIME: £0o STAFF : Kt-\ CITY OF COLLEGE STATION Home of Texas A &M Unive rsity • PRELIMINARY PLAN APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: [8] $932 Preliminary Plan Application Fee. D $233 Waiver Request to Subdivision Regulations Fee (if applicable}. [8] 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 . [8] Six (6) folded copies of plan . A revised mylar original must be submitted after approval. [8] 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. D Impact study (if oversized participation is requested). [8] The attached Preliminary Plan checklist with all items checked off or a brief explanation as to why they are not. Date of Optional Preapplication Conference _________________________ _ NAME OF PROJECT Creek Meadows ---------------------------------- SPECIFIED LOCATION OF PROPOSED SUBDIVISION : APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name RME Consulting Engineers (c/o Rabon Metcalf) Street Address PO Box 9253 E-mail rabon@rmengineer.com ----------------------------------- City College Station State TX Zip Code _7_78_4_2 ____ _ Phone Number (979) 764-0704 Fax Number (979) 764-0704 ---------------- PROPERTY OWNER'S INFORMATION (ALL owners must be identified. Please attach an additional sheet for multiple owners): Name Creek Meadows Partners, LP (c/o Chris Rhodes) E-mail Chris@oldhamgoodwin.com Street Address 2800 South Texas Avenue, Suite 401 City Bryan State _TX ________ Zip Code _7_78_0_2 ____ _ Phone Number (979) 268-2000 Fax Number (979) 846-7020 ---------------- ARCHITECT OR ENGINEER'S INFORMATION: Name Same As Applicant E-mail _________________ _ Street Address City State Zip Code -------- Phone Number ----------------Fax Number Revised 9/14 Page 1 of 6 Total Acreage 173 .575 fl 0 Total No . of Lots~ 3~ I 041 R-0-W Acreage ______ _ Number of Lots By Zoning District ~ I POD Average Acreage Of Each Residential Lot By Zoning District: 0.454 I POD Floodplain Acreage _o_.o_o ___________________________________ _ NOTE: Appropriate zoning for the proposed subdivision must be in place before this application can be considered complete . Are you proposing to dedicate park land by acreage or fee in lieu of land? Not Applicable ------------------ Are you proposing to I develop the park I dedicate the development fee? (Check one) This information is necessary to help staff identify the appropriate standards to review the application and will be used to help determ ine if the application qualifies for vesting to a previous ordinance. Notwithstanding any assertion made , vesting is lim ite d to that which is provided in Chapter 245 of the Texas Local Government Code or other applicable law. Is this application a continuation of a project that has received prior City platting approval(s) and you are requesting the application be reviewed under previous ordinance as applicable? [X Yes I No If yes , provide information regarding the first approved appl ication and any related subsequent applications (provide additional sheets if necessary): Project Name : Creek Meadows -Master Planned Subdivision City Project Number (if known): Date I Timeframe when submitted : October 2006 Requested wavier to subdivision regulations and reason for same (if applicable): ot Applicable Revised 9/14 Page 2 of 6 Regarding the waiver request , explain how: 1. There are special circumstances or conditions affecting the land involved such that strict application of the subdivision regulations will deprive the applicant of the reasonable use of his land . f ot Applicable 2 . The waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant. f ot Applicable 3. The granting of the waiver will not be detrimental to the public health , safety , or welfare, or injurious to other property in the area, or to the City in administering subdivision regulations . f ot Applicable 4 . The granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of the Unified Development Ordinance . f ot Applicable Fee in lieu of sidewalk construction is being requested because of the following condition (if applicable): 1. C An alternative pedestrian way or multi-use path has been or will be provided outside the right-of-way; 2. l The presence of unique or unusual topographic , vegetative , or other natural conditions exist so that strict adherence to the sidewalk requirements of the UDO is not physically feasible or is not in keeping with the purposes and goals of the UDO or the City's comprehensive Plan ; 3. I A capital improvement project is imminent that will include construction of the required sidewalk . Imminent shall mean the project is funded or projected to commence within twelve (12) months ; 4 . I Existing streets constructed to rural section that are not identified on the Thoroughfare Plan with an estate I rural context ; 5. C When a sidewalk is required along a street where a multi-use path is shown on the Bicycle, Pedestrian, and Greenways Master Plan; Revised 9/14 Page 3 of 6 6 . I The proposed development is within an older residentia l subdivision meeting the criteria in Platting and Replatting within Older Residential Subdivisions Section of the UDO; or 7. I The proposed development contains frontage on a Freeway I Expressway as designated by Map 6.6 , Thoroughfare Plan -Functional Classification, in the City's Comprehensive Plan . Detailed explanation of condition identified above: INot Applicable NOTE: A waiver to the sidewalk requirements and fee in lieu of sidewalk construction shall not be considered at the same time by the Planning & Zoning Commission. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true , correct, and complete. 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 from the owner. If there is more than one owner, all owners must sign the application or the power of attorney. If the owner is a company, the application must be accompanied by proof of authority for · the company's representative to sign the application on its behalf. LIEN HOLDERS identified in the title report are also considered owners and the appropriate signatures must be provided as described above. I Date 1 I Revised 9/14 Page 4 of 6 PRELIMINARY PLAN MINIMUM REQUIREMENTS (ALL CITY ORDINANCES MUST BE MET) INCLUDING BUT NOT LIMITED TO THE FOLLOWING: [.8J Drawn on 24" x 36" sheet to scale of 100' per inch or larger. Include the words "PRELIMINARY PLAN - NOT FOR RECORD" in letters 1/2" high . If more than 1 sheet, an index sheet showing entire subdivision at a scale of 500 feet per inch or larger. [8] Vicinity map which includes enough of surrounding area to show general location of subject property in relationship to College Station and its City Limits . No scale required but include north arrow. [8] Title Block with the following information : Name and address of subdivider, recorded owner, engineer and surveyor. Proposed name of subdivision (subdivision name & street names will be approved through Brazos County 911 ). Date of preparation (including the date the plat was subm itted and the dates of any revisions on the plat). Engineer's scale in feet. Total area intended to be developed . [8] North Arrow. [.8J Location of current city limit lines and current zoning district boundary. The appropriate zoning district(s) must be in place for the proposed land uses before the application for a subdivision . [8] Subdivision boundary indicated by heavy lines . Boundary must include all of parent tract. [8] Descriptions by metes and bounds of the subdivision which shall close within accepted land survey standards . (Labeled on boundary lines , not separate metes and bounds description .) [8] Primary control points or descriptions and ties to such control point , to which , later, all dimensions , angles , bearings, block numbers, and similar data shall be referred . The plat shall be located with respect to a corner of the survey or tract , or an original corner of the original survey of which it is a part. [8] Name of contiguous subdivisions and names of owners of contiguous parcels of unsubdivided land , and an indication whether or not contiguous properties are platted. [.8J Location of the 100 Year Floodplain and Floodway, if applicable , according to the most recent available data. [8] Topographic information, including contours at two foot (2 ft .) intervals , wooded areas , and flowline elevation of streams . [8] Proposed land uses (in compliance with existing zoning district). [8] The location and description with accurate dimensions , bearings or deflection angles and radii , area, center angle , degree of curvature , tangent distance and length of all curves for all of the following : (Show existing items that are intersecting or contiguous with the boundary of or forming a boundary with the subdivision , as well as , those w ithin the subdivision). Re vised 9/14 Page 5 of 6 • Existing Proposed ~ ~ ~ ~ D ~ ~ ~ ~ ~ D D D D ~ ~ ~ ~ D D ~ ~ ~ ~ D D D D Streets. Continuous or end in a cul-de-sac , stubbed out streets must end into a temp . turn around unless they are shorter than 100 feet. Public and private R.O.W . locations and widths . (All existing and proposed R.O .W.'s sufficient to meet Thoroughfare Plan .) Street offsets and/or intersection angles meet ordinance. Alleys . Well site locations . Pipelines. If carrying flammable gas or fuel , also show size of line, design pressure and product transported through the line . Utility services (water & sanitary sewer). All existing and proposed utilities of sufficient size/depth to meet the utility master plan and any future growth areas . Easements . Drainage structures and improvements including underground storm sewer and all overland systems (flow line of existing watercourses) and showing where these will discharge. Proposed channel cross sections , if any. A number or letter to identify each lot or site and each block (numbered sequentially). Parkland dedication/greenbelt area/park linkages . All proposed dedications must be reviewed by the Parks and Recreation Advisory Board and documentation of their recommendation provided prior to being scheduled for P&Z Commission consideration. Greenways dedication. Public areas . Other public improvements , including but not limited to parks , schools and other public facilities . [g] Proposed phasing . Each phase must be able to stand alone to meet ordinance requirements and infrastructure costs shown to be distributed evenly throughout the subdivision . Phases must be final platted in sequential order as shown or defined on the preliminary plan. Are there impact fees associated with this development? D Yes [gj No Revised 9/14 Print Form Pag e 6 of 6 ~ .. -. ........... __________ _.C ITY OF C OLI.EGE STATION Home of Texas A&M Un ivmity0 -==-=--=-11111115=- MEMORANDUM DATE : November 5 , 2014 TO : Rabon Metcalf, via; rabon@rmeng ineer.com FROM : Jessica Bullock, Staff Planner SUBJECT: CREEK MEADOWS (PP) Staff reviewed the above-mentioned preliminary plan as requested . The following page is a list of staff review comments detailing items that need to be addressed. Please address the comments and submit the following information for further staff review and to be scheduled for a future Planning & Zoning Commission meeting : City of College Station Transmittal Letter; One (1) 24" x 36 " copy of the revised Preliminary Plan ; and Th irteen (13) 11 " x 17" copies of the revised Preliminary Plan . Upon receipt of the required documents for the Planning & Zoning meeting , your project w ill be considered formally filed with the City of College Station . Please note that this application will expire in 90 days from the date of this memo , if the applicant has not provided written response comments and revised documents to the Admin istrator that seek to address the staff review comments conta ined herein. If all comments have not been addressed , your project will be pulled from the scheduled Planning & Zoning Commission agenda . Your project may be placed on a future agenda once all the revisions have been made . Once your item has been scheduled for the P&Z meeting , the agenda and staff report can be accessed at the following web site on Monday the week of the P&Z meeting . http://www.cstx .gov/pz If you have any questions or need additional information , please call me at 979 . 764 .3570 . Attachments: Staff review comments / cc : Creek Meadows Partners , LP, via; chris@oldhamgoodw in .com P&DS Project No . 14-00900262 Planning & Development Services P.O . BOX 9960 • I I 0 I TEXAS AVE VE • CO LLEGE STAT ION • TEXAS • 77842 TEL. 979.7 6 4.357 0 ·FAX. 979.764 .3496 cstx.gov/devserv ices PLANNING STAFF REVIEW COMMENTS NO. 1 Project: CREEK MEADOWS (PP) -(14-00900262) V Please revise general note 10 by changing the date of the current approved plan to January 15, 2009 . ?/ Please revise general note 6 to read as follows, a. The undeveloped area of this project are vacanUagricultural. All other areas are currently developed as multi-family and single-family residential. Areas currently undeveloped will include commercial , open space, multi-family , and single-family residential in compliance with the approved Master Plan and POD zoning . 31 Under homeowner's association notes please change multi-family front setback to 15 '. 4 . The metes and bounds for the following do not close , and I have attached the documents as well so you can see. a . Section 1 C, Phases 3-5 b . Section 1A, Phases 3, 4A&B , and Section 4 , Phase 3B 5. The following line dimensions do not match the line boundary total. I am adding bordering lot widths to make sure they match the boundary line and in the cases below they do not. I realize that some may be corrected when the metes and bounds are closed , but I wanted to m k a e vou aware . Section Phase Current Dimension My Calculation 1C 3 191 .71 187 .33 - 1A 3 611 .04 617.06 4 3B 489 .9 See note below 7 2 621 .03 619 .95 7 2 554 .20 552 .93 *Section 4 , Phase 3B , Block 5 , lot 5, the lot width shows 61 .57. There should be two labels for width since the marker is in between. If the remain portion is approximately 1 O' then 489. 9 should be correct. Please just label that part of the lot width. On sheet 3 , there is a label for an amending plat in section 3 , phase 1. Please add the volume and page . It currently shows zero . v/ As we discussed , please change the northern section 7 , phase one to section 7 , phase four. fl. Section 7, phase two, please remove the block labels on lots 12 and 11 . 9( Please identify the block lengths for Long Creek In and Cottonwood Creek In in your 1esponse to comments. 1 CV.Please show floodplain limits, for example sheet 4 has labels but the limits are not shown. 11'. Please verify what the acreage in the title block includes. When I add up the acreages shown in the different phases I get a greater number. When I add up the numbers based on meets and bounds it is smaller than 113.575 . 1'i Please label temporary turnaround in section 5 , phase 3 . 13 . There are multiple lots will frontage less than 50' and should be revised , particularly around the cul de sacs . 14 . Any changes made to the plans which have not been requested by the City of College Station , must be explained in your next transmittal letter. Reviewed by : Jessica Bullock Date: 11 /5/14 2 of 3 ENGINEERING COMMENTS NO. 1 1. Please label easements in proposed sections . 2. It would be helpful to have some of the contours labeled with elevations . 3. Previously platted sections should be labeled with volume and page number. Reviewed by: Erika Bridges Date : 11 /3/14 SANITATION 1. Sanitation is ok with this project. Reviewed by : Wally Urrutia Date : 10/21 /14 3 of 3 ~"11111111.,....,..., ... ___________ :CrTY OF Cm.L EGE STATION _, MEMORANDUM DATE : October 17 , 2014 TO : Rabon Metcalf, via ; rabon@rmengineer.com FROM : Jessica Bullock , Staff Planner SUBJECT: CREEK MEADOWS (PP) Thank you for the submittal of your Preliminary Plan application. Erika Bridges , Graduate Engineer, and I have been assigned to review this project. It is anticipated that the review will be completed and any staff comments returned to you on or before Friday , October 31 , 2014 . If you have questions in the meantime , please feel free to contact us. PC : Creek Meadows Partners , LP , via ; chris@oldhamgoodwin .com P&DS Project No. 14-00900262 Planning & D evelopm ent S e·r vices P .O . BOX 9960 • 1lO J 11:XAS AVENUE · COLLEGE STATl ON ·TEXAS • 77842 TEL 97 9 764.35 70 ·FAX . 979.764.3496 cst>1.gov/devservices MEMORANDUM DATE: November 5, 2014 TO : Rabon Metcalf, via; rabon@rmengineer.com FROM: Jessica Bullock, Staff Planner SUBJECT: CREEK MEADOWS (PP) Staff reviewed the above-mentioned preliminary plan as requested. The following page is a list of staff review comments detailing items that need to be addressed . Please address the comments and submit the following information for further staff review and to be scheduled for a future Planning & Zoning Commission meeting : __!__ City of College Station Transmittal Letter; __!__ One (1) 24" x 36" copy of the revised Preliminary Plan; and __!__ Thirteen ( 13) 11" x 17" copies of the revised Preliminary Plan . Upon receipt of the required documents for the Planning & Zoning meeting , your project will be considered formally filed with the City of College Station . Please note that this application will expire in 90 days from the date of this memo, if the applicant has not provided written response comments and revised documents to the Administrator that seek to address the staff review comments contained herein. If all comments have not been addressed, your project will be pulled from the scheduled Planning & Zoning Commission agenda . Your project may be placed on a future agenda once all the revisions have been made. Once your item has been scheduled for the P&Z meeting, the agenda and staff report can be accessed at the following web site on Monday the week of the P&Z meeting. http://www.cstx.gov/pz If you have any questions or need additional information , please call me at 979 .764 .3570. Attachments: Staff review comments cc: Creek Meadows Partners, LP, via; chris@oldhamgoodwin.com P&DS Project No . 14-00900262 Planni ng & Deveklpment Services P .0. BOX 9960 • 110 I TEXAS AVENUE • COLLEGE TATION • TEXA • 77842 TEL. 979.764.3570 •FAX. 979.764.3496 cstx.gov/devservices j • STAFF REVIEW COMMENTS NO. 1 Project: CREEK MEADOWS (PP)-(14-00900262) PLANNING 1. Please revise general note 10 by chang ing the date of the current approved plan to January 15 , 2009. Revised accordingly. 2 . Please revise general note 6 to read as fo ll ows , Revised accordingly. a. The undeveloped area of this project are vacant/agricultura l. All othe r areas are currently developed as multi-family and single-family residential. Areas currently undeve loped will include commercial , open space , multi-family , and single -fam ily residential in compliance with the approved Master Plan and POD zoning . 3. Under homeowner's association notes please change multi-family front setback to 15'. Revised accordingly. 4. T he metes and bounds for the following do not close , and I have attached the documents as well so you can see . Revised accordingly. a. Section 1 C, Phases 3-5 b . Section 1A, Phases 3, 4A&B, and Section 4 , Phase 38 5 . The following line dimensions do not match the line boundary total. I am adding bordering lot w idths to make sure they match the boundary line and in the cases below they do not. I rea lize that some may be corrected when the metes and bounds are closed , but I wanted to m k R . d d' I a e you aware. ev1se accor mg1y. Section Phase Current Dimension Mv Calculation 1C 3 191 .71 187.33 1A 3 611 .04 617 .06 4 36 489 .9 See note below 7 2 621 .03 619 .95 7 2 554 .20 552 .93 *Section 4 , Phase 38, Block 5, lot 5 , the lot width shows 61 .57 . There should be two labels for width since the marker is in between. If the remain portion is approximately 1 O' then 489.9 should be correct. Please just label that part of the lot width . 6 . On sheet 3, there is a label for an amending plat in section 3, phase 1. Please add the volume and page . It currently shows zero . Revised accordingly. 7. As we discussed , please change the northern section 7, phase one to section 7, phase four. Revised accordingly. 8. Section 7, phase two , please remove the block labels on lots 12 and 11 . Corrected the block label, however I would like to keep them since the block spans over two sheets. 9. Please identify the block lengths for Long Creek In and Cottonwood Creek In in your response to comments . See sheet #1. 10 . Please show floodplain limits , for example sheet 4 has labels but the limits are not shown . The illustrated limits reflect the recent upstream and S5P1 improvements. 11 . Please verify what the acreage in the title block includes. When I add up the acreages shown in the different phases I get a greater numbe r. When I add up the numbers based on meets and bounds it is smaller than 113.575. Revised accordingly. 12 . Please labe l temporary turnaround in section 5, phase 3. Revised accordingly. 13 . The re are multiple lots will frontage less than 50 ' and should be revised , particu larly around the cul de sacs . Revised per email (11/12114). 14 . Any changes made to the plans which have not been requested by the City of College Station , must be explained in your next transmittal letter. Revised HOA Note #4 and deleted Note #5. 2 of 3 ,. .! " J •' 1' ( .. c 0 ~ ... l • I ' -. \. l ' . • Reviewed by: Jessica Bullock Date: 11/5/14 ENGINEERING COMMENTS NO. 1 1. Please label easements in proposed sections . In order to keep from "over cluttering" the drawing I have General Note #9. 2. It would be helpful to have some of the contours labeled with elevations. Revised accordingly (index contours only). 3. Previously platted sections should be labeled with volume and page number. Same "over cluttering" effort. See VIP data cited on Sheet #1. Reviewed by : Erika Bridges Date : 11/3/14 SANITATION 1. San itation is ok with this project. Reviewed by : Wally Urrutia Date : 10/21/14 3 o f 3 C?) .-J -~ H ·CAffilJ 14-8Co~ COLLEGE STATION CODE Sec . 12-3 .3 . Zoning Map Amendment (Rezoning). the City of College Station, and the Brazos County Appraisal District, as well as the official zoning map of the City of College Station . E. Limitation on Reapplication. If an application for rezoning is denied by the City Council, another application for reclassification of the same property or any portion thereof shall not be considered within a period of one hundred eighty (180) days from the date of denial , unless the Planning and Zoning Commission finds that one (1) of the following factors are applicable: 1. There is a substantial change in circumstances relevant to the issues and/or facts considered during review of the application that might reasonably affect the decision-making body's application of the relevant review standards to the develop- ment proposed in the application ; 2. New or additional information is available that was not available at the time of the review that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed; 3. A new application is proposed to be submitted that is materially different from the prior application (e.g., proposes new uses or a substantial decrease in proposed densities and intensities); or 4. The final deci sion on the application was based on a material mistake of fact. F. Repeal of a Single-Family Overlay District. A repeal of a single-family overlay district may be initiated by: 1. City Council on its own motion ; 2. The Planning and Zoning Commission; 3. The Administrator; or 4. By petition of fifty (50) percent plus one (1) of the property owner(s) in the subject di stric t. A repeal of a single-family overlay district is considered a rezoning and is subject to the Zoning Map Amendment requirements herein. (Ord . No . 2012-3449, Pt. l(Exh. E), 9-27 -2012) Supp. No . 2 CD12 :54 DEVELOPMENT REVIEW PROCEDURES Sec. 12-3 .4 . Plat Review . Sec. 12-3.4. Plat Review. A. Applicability. This Section applies to the subdivision and development of property as set forth herein. 1. Subdivision Plat Required. a. Subdivi sion of property within the City limits or extraterritorial jurisdiction (ETJ) of the City of College Station is required to be approved in accordance with applicable state law and as set forth herein when one (I) or more of the following occurs : 1) The division of land (for any purpose) into two (2) or more parcels to lay out a subdi- vision of the tract, including an addition to the City, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots Pre a p pl i:caticn Co nfe~nc:e Application Submittal Complete ne.$$ ,Re v~e.?J Pa rks. & Recrea tJon Bo~rd front ing on to or adjacent to the streets, alleys, squares, parks or other Supp. No . 2 parts ; 2) Development on a parcel not previously legally subdivided; 3) Resubdivision of land that has previously been platted; or 4) Amendment of any approved plat. b. Types of Subdivision Filings. 1) Preliminary Plans. A Preliminary Plan is required for the subdivision of all tracts of land within the City limits or ETJ of the City of College Station , except as otherwise set forth in this UDO. A Preliminary Plan shall include the entire parent survey or tract of land under common ownership. 2) Final Plats and Replats. A Final Plat is re quired for the subdivision of all property within the City limits or ETJ of the City of College Station. A Final Plat shall include the entire Preliminary Plan area or less when the Final Plat adheres to the phas ing identified on the approved Preliminary Plan. The Final Plat shall conform to the Preliminary Plan as approved by the Planning and Zoning Commission, provided it incorporates all changes, modifications, correc- CD12:55 COLLEGE STATION CODE Sec. 12-3.4. Plat Review. c. Supp . No . 2 tions, and conditions imposed by the Planning and Zoning Commission; and provided further, that it conforms to all requirements of these regulations and the City's Comprehensive Plan. Minor Plats and Amending Plats. A Preliminary Plan shall not be required prior to the application of a Minor Plat or Amending Plat. Pursuant to the Delegation of Approval Responsibility Section of Subchapter A, "Regulations of Subdivisions," Chapter 212 of the Texas Local Government Code, the City Council of the City of College Station delegates the Administrator the ability to approve the following plats in accordance with the procedure set forth herein: (a) Amending Plats described in the Amending Plat Section of Subchapter A, "Regulations of Subdivisions," Chapter 212 of the Texas Local Government Code; (b) Minor Plats or Rep lats involving four ( 4) or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities; ~><·.~\1>'le 1 ~t., l.fh\1\-1'2S (c) A Replat under Section 212.0145 Replatting Without Vacating Preceding Plat: Certain Subdivisions, Subchapter A, "Regulations of Subdivisions," Chapter 212 of the Texas Local Government. Code, and that does not require the creation of any new street or the extension of municipal facilities. 4) Vacating Plats. A Vacating Plat shall adhere to the requirements of Vacating Plat Section of Subchapter A, "Regulations of Subdivisions," Chapter 212 of the Texas Local Government Code, as amended. Vacating plats be processed and reviewed in the same manner as a Final Plat. Exemptions from Subdivision Plat Requirement. The following subdivisions are exempt from Subdivision Plat requirements: 1) A division of land into parts greater than five (5) acres within the City limits and greater than ten ( 10) acres in the extraterritorial jurisdiction of the City of College Station, where each part has access and no public improvement is being dedicated; 2) Division of property that results from a governmental entity's land acquisition for public facilities such as expansion of street right-of-way; 3) Any lot or lots forming a part of a subdivision created and recorded prior to July 15, 1970, the effective date of the City of College Station Subdivision Regulations, or prior to the date in which the Subdivision CD12 :56 2. / ~yeso:LL ~ ro pct\-1rctcD\~ e-rs I DEVELOPMENT REVIEW PROCEDURES Sec. 12-3.4. Plat Review. Regulations applied to the property through extension of the City of College Station extraterritorial jurisdiction; 4) A division of land performed by a political subdivision of the state, as defined in Chapter 245 of the Texas Local Government Code: Such entities that choose to plat voluntarily shall comply with all of the applicable requirements; or 5) A division of land created by order of a court of competent jurisdiction. Development Plat Required. a. The City of College Station chooses to be covered by Subchapter B , "Regulation of Property Development," Chapter 212 of the Texas Local Government Code. Any person who proposes the development of a tract of land or lot of record not located within a recorded subdivision within the City limits or the extraterritorial jurisdiction (ETJ) of the City of College Station must ha ve a Development Plat of the tract prepared in accordance with this Section. New development may not begin on the property until the Develop- ment Plat is filed with and approved by the City. For purposes of this Section, "Development" means the new construction or the enlargement of any exterior dimension of any building, structure, or improvement. Exemptions from Development Plat Requirement. The following developments are exempt from Development Plat requirements: 1) When an applicant is required to file a Preliminary Plan or Final Plat pursuant to other requirements of this Section, a Development Plat is not required in addition thereto. 2) The development of a tract of land within the City limits or the extraterritorial jurisdiction of the City of College Station that meets all of the following criteria is not required to file a Development Plat: (a) The tract is at least five (5) acres; (b) The tract has access ; and (c) The development is a single-family home for the use of the property owner or a member of the property owner's family , an accessory structure(s) of the home, and/or an accessory structure(s) for the benefit of agricultural uses . 3) Development by a political subdivision of the state, as defined in Chapter 245 of the Texas Local Government Code . Such entities that choose to plat voluntarily shall comply with all of the applicable requirements. 4) The Administrator may waive the requirement for a Development Plat within the City limits when no parkland, public infrastructure, or public dedication is required on the subject tract. l()(.'.(e\\ ~/('.)ii ~~ Supp. No . 3 CD12 :57 COLLEGE STATION CODE Sec. 12-3.4. Plat Review. B. Determination of Plat Applicability. Upon written application and in compliance with the Texas Local Government Code, Section 212.0115 as amended, the Administrator shall make the following determinations regarding the tract of land identified in the request: 1. Whether a plat is required under this UDO for the tract of land; and 2. If a plat is required, whether it has been prepared and whether it has been reviewed and approved by the Planning and Zoning Commission or Administrator, as applicable. The Administrator may require additional information and documents be provided by the applicant in order to make the requested determination. C. Application Requirements. 1. Preapplication Conference. Prior to the submission of a preliminary plan or a plat application required by this UDO, applicants are encouraged to schedule and attend an optional preapplication conference in accordance with and for the purposes set forth elsewhere in this UDO for preapplication conferences . 2. A complete application for review shall be submitted to the Administrator including payment of a fee as set forth in this UDO. Upon request, all preliminary plans and all plats shall be submitted in an electronic form acceptable to the Administrator and compatible with the City's Geographic Information System (GIS). The signatures of all owners of land within the boundary of the preliminary plan or the plat shall be required on the application. A representative of an owner may sign the application provided a written letter of agency is provided to the City with the application. If the property owner is not an individual but an entity (e.g., business or trust), the application must be accompanied by proof of authority for the individual to sign on behalf of the entity. 3. When required to submit the following, the applications shall comply with and/or show the following information: Supp . No . 3 a. Preliminary Plans. When submitting preliminary plans, the following information is required: 1) The preliminary plan shall conform to the general requirements of this UDO and minimum standards of design and improvements as set forth in Chapter 12 , Article 8 Subdivision Design and Improvements; ~Provide the preliminary plan on sheets twenty-four (24) inches by thirty-six (36) inches to a scale of one hundred (100) feet per inch or larger. Smaller scales may be allowed at the discretion of the Adminis- trator. If more than one (1) sheet, provide an index sheet at a scale of five hundred ( 500) feet per inch or larger; CD12:58 7) DEVELOPMENT REVIEW PROCEDURES Sec . 12-3.4. Plat Review. The words "PRELIMINARY PLAN -NOT FOR RECORD" shall appear on the plan in letters one-half (1h) inch high; The date the preliminary plan was submitted and the dates of any revisions shall legibly appear on the plan; The proposed name of the subdivision or development, which shall not have the same spelling as or be pronounced similar to the name of any other subdivision located within the county it is located; The name and address of all property ownerS , developers and subdividers, . ' engineey;, and syrveyors; ' · · The legal description by metes and bounds of the subdivision or development which shall close within accepted land survey standards. An accurate location of the subdivision or development shall be provided by reference to an established survey or league comer, City of College Station horizontal control monument, subdivision comer, or other known point. Primary control points or descriptions and ties to such control point, to which , later, all dimensions, angles , bearings, block numbers, and similar data shall be referred . The preliminary plan shall be located with respect to a corner of the survey or tract , or an original comer of the original survey of which it is a part; f' 8) Subdivision boundary lines shall be indicated by heavy lines and the (ffeof!/2' C ___.computed acreage of the subdivision or development shown; ( The name of contiguous subdivisions and names of owners of contiguous parcels, and an indication whether or not contiguous properties are t/ I Supp . No . 3 platted; n1~ aSt:-e a ~ ()0('.~ U) 01 t f€J I 10) The following existing features shall be shown: (a) The location, dimension, name and description of all recorded streets, alleys, reservations, easements, or other public or private rights-of-way within the subdivision or development, intersecting or contiguous with its boundaries or forming such boundaries. In the case of pipelines carrying flammable gas or fuel, the approximate location, size of line, design pressure and product transported through the line shall be shown; (b) The location, dimension , description and name of all existing or recorded lots, parks, public areas, permanent structures and other sites within or contiguous with the subdivision or development; (c) The location , dimensions, description, and flow line of existing watercourses and drainage structures within the subdivision, devel- opment or contiguous thereto; CD12 :59 COLLEGE STATION CODE Sec. 12-3.4. Plat Review. -(d) The location of the one hundred-year floodplain according to the most recent best available data; ~Pate of preparation, scale in feet, and north arrow; Topographic information, including contours at two-foot intervals, flow line elevation of streams, and wooded areas; ? ~13) The location, approximate dimensions, description and name of all proposed streets, alleys, drainage structures, parks, or other public areas, easements, or other rights-of-way, blocks, lots, and other sites within the subdivision or development. Proposed channel cross sections, if any. Existing and/or proposed well site locations; (-blode.S \ n ~I P ~ A number or letter to identify each lot and each block. Lots and blocks shown on a preliminary plan should be numbered sequentially; -16) Location of current City limits line , and current zoning district boundar- ies ; '? ~ (J"I ~,CJ1-hlD~17) Vicinity map which shows general location of subject property to existing streets in College Station and to its City limits . No scale is required but a north arrow is to be included; Show number of residential lots and average lot size when applicable; Provide a note to identify a Cluster Subdivision when applicable; Supp. No. 3 tJA 1s) tJ/P.. '? 19) Provide any oversize participation requests that will be sought; ~Provide title report for property that is current within ninety (90) days and includes applicable information such as ownership, liens , encumbrances, etc; tN/A 21) Written requests for waivers of subdivision standards, if any, shall be submitted in accordance with the applicable Sections of this UDO; b. JJ?f Eleven-inch by seventeen-inch copies of the preliminary plan (not necessarily to scale) will be requested by the Administrator when the preliminary plan has been reviewed and has the potential to be scheduled for a Planning and Zoning Commission meeting for consideration; and 3) Provide a note on the Preliminary Plan to identify the Residential Parking Option chosen from the Single-Family Residential Parking Requirements for Platting when applicable. Final Plats and Other Plats to be Recorded. When submitting Final Plats , Replats , Minor Plats , Amending Plats , Vacating Plats , and Development Plats , the following shall be required: 1) The plat shall conform to the general requirements of this UDO and minimum standards of design and improvements as set forth in Chapter CDI2:60 Supp . No. 3 DEVELOPMENT REVIEW PROCEDURES Sec. 12-3.4 . Plat Review. 12 , Article 8 Subdivision Design and Improvements unless expressly provided for otherwise; 2) Prior to filing a plat for record, provide current certified tax certificates from all taxing agencies showing payment of all ad valorem taxes on the land within the subdivision; 3) Provide title report for property that is current within ninety (90) days and includes applicable information such as ownership, liens , encumbrances, etc; 4) Provide the plat on sheets twenty-four (24) inches by thirty-six (36) inches to a scale of one hundred (100) feet per inch or larger. Smaller scales may be allowed at the discretion of the Administrator. If more than one (1) sheet, provide an index sheet at a scale of five hundred (500) feet per inch or larger ; 5) Vicinity map which shows general location of subject property to existing streets in College Station and to its City limits . No scale is required but a north arrow is to be included ; 6) The proposed name of the subdivision or development, which shall not have the same spelling as or be pronounced similar to the name of any other su bdivision located within the county it is located; 7) Da~e of preparation, scale in feet, and north arrow; 8) The name and address of all property owners , developers , subdividers, engineers, and surveyors responsible for the plat; 9) Subdivision boundary lines shall be indicated by heavy lines and the computed acreage of the subdivision or development shown; 10) For a replat where there are existing improvements , provide a survey of the subject property showing the improvements to ensure that no setback encroachments are created; 11) The name of contiguous subdivisions and names of owners of contiguous parcels , and an indication whether or not contiguous properties are platted; 12) The location of the one hundred-year floodplain and floodway according to the most recent best available data; 13) A number or letter to identify each lot and each block. Lots and blocks shown on a plat should be numbered sequentially; 14) Provide the number of lots and average Jot size when applicable; 15) Provide a note to identify a Cluster Subdivision when applicable; CDl2:61 I COLLEGE STATION CODE Sec . 12-3.4. Pl at R eview. Supp. No. 3 16) Written requests for waivers of subdivision standards, if any, shall be submitted in accordance with the applicable Sections of this UDO ; 17) The Plat shall also include the following, based on field survey and marked by monuments and markers : (a) The exact location , dimensions , name, and legal description of all existing or recorded streets , alleys , easements , or other rights-of-way within the subdivision or development, intersecting or contiguous with the boundary or forming such a boundary with accurate dimensions , bearings or deflection angles and radii, area , center angle, degree of curvature, tangent distance , and length of all curves , where applicable ; (b) The exact location, dimensions , description , and name of all proposed streets, alleys, drainage structures , parks, and other public areas, easements, or other rights-of-way, blocks, lots , and other sites within the subdivision or development , with accurate dimensions, bearings , or deflection angles and radii, areas, center angle , degree of curvature, tangent distance, and length of curves, where applicable ; (c) Lot corner markers and survey monuments shall be shown clearly by symbol , and clearly tied to City of College Station horizontal control monuments; (d) The following , when applicable, shall appear on the face of the plat: (See examples in Chapter 12 , Article 8 Subdivision Design and Improvements .) i. Certificate of Ownership and Dedication ; ii. Certificate of Surveyor and/or Engineer; iii. Certificate of City Engineer; iv. Certificate of Planning and Zoning Commission; v. Certificate of the County Clerk; vi. Certificate of City Planner; and vii. Certificate of Approval. 18) The plat shall be accompanied by the construction documents and reports as prescribed below and bearing the seal and signature of a registered professional engineer. All shall be in accordance with the Bryan/College Station Unified Design Guidelines and the Bryan/College Station Unified Technical Specifications and shall include the following: (a) Construction plans shall be provided on twenty-four-inch by thirty- six-inch sheets; CD12 :62 DEVELOPMENT REVIEW PROCEDURES Sec . 12-3.4. Plat Review. (b) Street, alley, and sidewalk plans, profiles , and sections, with speci- fications and detail cost estimates; (c) Sanitary sewer plan with contours, plan and profile lines, showing depth and grades, with sewer report and detailed cost estimates; (d) Water line plan showing fire hydrants, valves, etc., with specifica- tions and water report and a detailed cost estimate. This may be combined with related information supplied for preliminary plan submissions; (e) Storm drainage system plan with contours, street lines , inlets , storm sewer and drainage channels with profiles and sections . Detail drainage structure design and channel lining design if used, with specifications , drainage report, and detailed cost estimate; (f) Street lighting plan showing location of lights, design , and with specifications and detailed cost estimates; and (g) Any associated necessary items, including but not limited to off-site public utility easements, permits or approval of governmental agencies . 19) Eleven-inch by seventeen-inch copies of the plat (not necessarily to scale) will be requested by the Administrator when the plat has been reviewed and has the potential to be scheduled for a Planning and Zoning Commission meeting for consideration; 20) Provide a note on the Final Plat to identify the Residential Parking Option chosen from the Single-Family Residential Parking Requirements for Platting when applicable . D. Filing of Plat. For the purposes ofthis Section, the date of filing shall be determined as the date on which a complete application, as determined by the Administrator, and a plat meeting all of the technical terms and conditions of this UDO, or has filed a waiver request to those Sections for which the plat does not comply, is submitted. Once a complete application has been filed with the City, it will be scheduled for action by the Administrator and/or the Planning and Zoning Commission, as applicable . E. Review Procedure. 1. Preliminary Plan Review. Supp . No . 3 a. Review and Recommendation by Administrator. 1) The Administrator shall review the Preliminary Plan application for compliance with the following elements : (a) City's Comprehensive Plan including but not limited to the Land Use Plan , Thoroughfare Plan, Utility Master Plans , Parks and Recreation CDl2 :63 ) COLLEGE STATION CODE Sec. 12-3.4. Plat Revi ew. Supp. No. 3 Master Plan, Bicycle, Pedestrian and Greenways Master Plan, Sidewalk Master Plan ; (b) Existing zoning of the property, if appli cable ; (c) Chapter 12, Article 8, Subd ivision Design and Improvements ; ( d) Form and content as required in the Application Requirements Section of this UDO; (e) If phased, the Preliminary Plan must demonstrate sufficiency and viability of public infrastructure for each phase such that an undue burden is not placed on any particular phase . In addition , the proposed phasing is not to create phases or potential remainders of a size, shape or location so as not to be developable in compliance with this UDO ; and (f) Other provisions of this UDO as applicable. 2) The applicant will be advised of the date set for Planning and Zoning Commission consideration. 3) The Administrator shall recommend approval , approval with conditions , or disapproval of the same based on compliance with the elements listed above. b. Review and Recommendation by Parks and Recreation Advisory Board. The Parks and Recreation Advisory Board shall review the Preliminary Plan application for compliance with the parkland dedication requirements of Chapter 12 , Article 8 , Subdivision Design and Improvements, and recommend approval, approval with conditions, or disapproval of the same. This recom- mendation must be considered by the Planning and Zoning Commission in its review. Once the Board has determined compliance, the Preliminary Plan and subsequent plats may proceed directly to the Planning and Zoning Commis- sion. c. Criteria for Approval by Planning and Zoning Commission. The Administrator shall forward the Preliminary Plan to the Planning and Zoning Commission for con sideration when it meets all of the technical terms and conditions of this UDO , or has filed a waiver request to those sections for which the Preliminary Plan does not comply. The Planning and Zoning Commission shall receive the recommendations of the Administrator and the Parks and Recreation Advisory Board and shall approve, disapprove, or conditionally approve the Preliminary Plan with modifications ba sed on compliance with the same elements listed in the Review and Recommendation by Administrator. Conditions of approval must entail corrections, changes , or completion of items that are mini steri a l in nature and explicitly spelled out. CD12 :64 Supp . No . 3 d. Effect of Approval. DEVELOPMENT REVIEW PROCEDURES Sec . 12-3.4 . Plat Review. Approval of a Preliminary Plan shall mean the following: 1) Approval of a Preliminary Plan application by the Planning and Zoning Commission shall allow the applicant to continue the subdivision process by submitting a Development Permit application with construction plans and a Final Plat application. 2) Approval of a Preliminary Plan shall not constitute approval of a Final Plat. Application for approval of a Final Plat will be considered only after the requirements for Preliminary Plan approval as specified herein have been fulfilled and after all other specified conditions have been met. 3) If a Final Plat is not filed with the City within twenty-four (24) months of CD12 :64.l J 4) 5) DEVELOPMENT REVIEW PROCEDURES Sec. 12-3.4. Plat Review . the date of approval or conditional approval of a Preliminary Plan, the Planning and Zoning Commission may, upon written application of the applicant, extend the approval for a one-time additional twelve-month period . The request for consideration of an extension shall be submitted to the Administrator at least thirty (30) days before the Preliminary Plan approval expires . Each F inal Plat whici is a phase of an approved Preliminary Plan shall extend the expiration date of the Preliminary Plan an additional two (2) years from the date t e Final Plat was approved by the Commission. If a Preliminary Plan is phased, Final Plats shall only be permitted to proceed to the Planning and Zoning Commi s sion in the numerical order set forth on the Preliminary Plan. 2. Amendments to an Approved Preliminary Plan. Supp. No . 2 a. Minor Amendments. Minor amendments of an approved Preliminary Plan may be incorporated in an application for approval of a Final Plat without the necessity of filing a new application for approval of a Preliminary Plan. Minor amendments may include adj ustment in street or alley alignments and lengths , adjustment in lot lines that do not result in creation of additional developable lots, or adjust- ments to utility or access easements . Minor amendments shall comply with the standards of this UDO, shall not alter a subdivision standard that is discre- tionary to the Commission, or shall not increase the extent of an approved waiver to a subdivision standard. b. Major Amendments. All other proposed amendments of an approved Preliminary Plari not consti- tuting a m inor amendment shall be considered a major amendment and require the approval of a new Preliminary Plan application by the Commission . Major amendments include but are not limited to an increase in the number of developable lots , rerouting of streets, addition or deletion of alleys , change to thoroughfare street layout, or modification to parkland. c. Amendment Determination. The applicant shall provide a written description of proposed amendments to an approved Preliminary Plan . The Administrator shall make the determination of whether the proposed amendments are deemed minor or major amendments . At the di scretion of the Administrator, a new Preliminary Plan application that proposes major amendments may be processed simultaneously with a Final Plat application. d. Retaining Previous Approval. If the proposed major amendments are not approved or if the applicant is CD12 :65 ) COLLEGE STATION CODE Sec. 12-3.4. Plat Review. unwilling to accept the terms and conditions required by the Commission, the applicant may withdraw the proposed amendments by written request and retain the previously approved Preliminary Plan . 3. Final Plat, Replat, Vacating Plat, and Development Plat Review. Supp. No. 2 a. Review and Recommendation by Administrator. 1) The Administrator shall review the plat application for compliance with the elements: (a) The approved Preliminary Plan, if applicable; (b) City's Comprehensive Plan including but not limited to the Land Use Plan , Thoroughfare Plan, Utility Master Plans, Parks and Recreation Master Plan, Bicycle, Pedestrian and Greenways Master Plan, Sidewalk Master Plan; (c) Existing zoning of the property, if applicable; (d) Chapter 12, Article 8, Subdivision Design and Improvements; (e) Form and content as required in the Application Requirements Section of this UDO; and (t) Other provisions of this UDO as applicable. 2) If public infrastructure is required for the plat, the following is required in order for the plat application to be complete to be scheduled for Planning and Zoning Commission consideration: (a) The construction documents must be approved by the City Engineer; (b) Any necessary off-site easements are reviewed and acceptable by the City in recordable form; and (c) Either the public infrastructure is constructed by the applicant and accepted by the City, or a guarantee provided to the City Engineer in accordance with the Construction, Guarantee of Performance, and Acceptance of Public Infrastructure Section in Chapter 12, Article 8 of this UDO. 3) The applicant will be advised of the date set for Planning and Zoning Commission consideration. 4) The Administrator shall recommend approval or disapproval of the same. b. Review and Recommendation by Parks and Recreation Advisory Board. If not already determined through an approved Preliminary Plan, the Parks and Recreation Advisory Board shall review the plat application for compliance with the parkland dedication requirements of Chapter 12, Article 8, Subdivi- sion Design and Improvements, and recommend approval, approval with CD12 :66 DEVELOPMENT REVIEW PROCEDURES Sec . 12-:3.4 . Plat Review. conditions , or disapproval of the same. This recommendation must be considered by the Planning and Zoning Commission in its plat review. c. Criteria for Approval by Planning and Zoning Commission. Within thirty (30) days after the plat is filed , the Planning and Zoning Commission shall receive the recommendation of the Administrator and the Parks and Recreation Advisory Board and shall approve or disapprove such plat. The Commission's action shall be based on compliance with the review elements listed in Final Plat, Replat, Vacating Plat, and Development Plat Review and the City Engineer's approval of all required infrastructure as proposed in the construction documents and which has been constructed and accepted or guaranteed in accordance with the Construction , Guarantee of Performance, and Acceptance of Public Infrastructure Section in Chapter 12, Article 8 of thi s UDO. Conditions of approval must entail corrections, changes, or completion of items that are ministerial in nature and explicitly spelled out d. Recordation. If the Planning and Zoning Commission has approved the plat, the plat shall be recorded in the Office of the County Clerk of the county in which the plat is located when all requirements and conditions have been met. 4. Minor Plat and Amending Plat Review. a. Review and Action by Administrator. The plat shall be reviewed by the Administrator for compliance to all applicable requirements of this UDO including those elements identified in the Preliminary Plan Review and the following procedures : 1) Consideration of the approval, approval with conditions, or recommended denial of the plat by the Administrator usually within fifteen (15) days of filing a Minor Plat or Amending Plat; 2) The Administrator shall approve, approve with conditions, or recommend denial and forward the plat to the Planning and Zoning Commis sion at the next available meeting . The Administrator may also elect to forward the plat to the Commission for any reason. Conditions of approval mu st entail corrections, changes , or completion of items that are ministerial in nature and explicitly spelled out; 3) If forwarded to the Planning and Zoning Commission, the Commission shall approve, disapprove, or conditionally approve the plat. Conditions of approval must entail corrections, changes , or completion of items that are ministerial in nature and explicitly spelled out; 4) Upon approval of the Commission meeting minutes, the Administrator shall make them available to the applicant; 5) A report shall be made to the Commission at each meeting notifying the Supp. No. 2 CD12:67 COLLEGE STATION CODE Sec . 12-3.4 . Plat Review. Commission of any Amending Plats or Minor Plats that were approved by the Administrator since the last Commission meeting. b. Recordation. If favorable final action has been taken by the Administrator or the Planning and Zoning Commission, the Minor Plat or Amending Plat shall be recorded in the Office of the County Clerk of the county in which the plat is located when all requirements and conditions have been met. F. Waivers. The Planning and Zoning Commission, where authorized by this UDO, may approve , approve with conditions, or disapprove waivers of the standards in Chapter 12, Article 8, Subdivision Design and Improvements . G. Platting in Planned Development Districts (PDD and P-MUD). If the subject property is zoned as a Planned Development District (PDD) or Planned Mixed-Use District (P-MUD), the City Council may approve a Concept Plan that provides for general modifications to the site development and subdivision standards. The general modifications shall be indicated on the approved Concept Plan or within the rezoning ordinance. H. Platting in the Extraterritorial Jurisdiction. The City of College Station has entered into one (1) or more written agreements with counties in which it has extraterritorial jurisdiction. Such agreements identify the authority authorized to regulate plats within the extraterritorial jurisdiction of the City, and the provisions of this Section are subject to the terms and conditions of such valid agreements . In the event such an agreement creates a direct conflict between the regulations herein and those of the particular County, the stricter standard shall apply. I. Failure to Obtain Plat Approval. 1. If plat approval is required for the subdivision of property or development of property and same is not properly secured: Supp . No. 2 a. Prohibition of Recordation. It shall be unlawful to offer and cause to be recorded any plat or replat of land within the City limits or ETJ of the City of College Station at the Office of the County Clerk unless the same bears the endorsement and approval of the Planning and Zoning Commission, the Administrator, or bears a valid certificate of No Action Taken as provided for in this UDO . b. Prohibition of Making Improvements. It shall be unlawful to make any improvements, alterations or changes of any kind to such property; CD12:68 c. No Issuance of Permits. DEVELOPMENT REVIEW PROCEDURES Sec . 12 -3.4. Plat Review. The City shall not issue any building, repair, plumbing, electrical or other permit relati ng to such property until such approval occurs; d. No Provision or Maintenance of Infrastructure. The City shall not repair, maintain, install or provide any streets , public utilities or public infrastructure of any kind to such property ; e. No Provision of Public Utilities. The City shall not sell or supply water, gas , electricity, or sewerage to such property. 2. Council Action. a. If any subdivision or development exists for which a plat has not been approved or in which the standards contained herein or referred to herein have not been complied with in full, the City Council may pass a resolution reciting the fact of such noncompliance or failure to secure plat approval , and reciting the fact that the provisions of this Section apply. b. The City Secretary shall , when directed by the City Council, cause a certified copy of such resolution under the corporate seal of the City to be recorded in the Deed Records of the County. c. If such comp liance and plat approval are secured after the recording of such resolution , the City Secretary shall forthwith record an instrument in the Deed Records of the County stating that the property is no longer in violation. Per Ordinance No . 2011-3308 (January 13 , 2011) (Ord. No . 2012-3449, Pt. l(Exh. E), 9-27-2012; Ord. No . 2013-3521 , Pt. l(Exh. B), 9-12-2013; Ord . No. 2013-3522, Pt. l(Exhs. A , B), 9-12-2013; Ord. No . 2013-3542, Pt. l(Exh. A), 12-12-2013) Supp . No . 3 CD12 :69 ) COLLEGE STATION CODE Sec. 12-3 .5. Concept Plan Review (PDD and P-MUD Districts). Sec. 12-3.5. Concept Plan Review (PDD and P-MUD Districts). A. Applicability. A Concept Plan shall be required for all proposed Planned Development District (PDD) or Planned Mixed-Use District (P-MUD) rezonings. Pre~JCA'l'icn O<>n!....,_ B. Application Requirements. c. A complete application for a Concept Plan shall be submit- ted to the Administrator with a PDD or P-MUD rezoning application as set forth in the General Approval Procedures Section in Chapter 12 , Article 3 of this UDO , unless otherwise specified in this Section. Concept Plan Approval Process. 1. Preapplication Conference. Prior to submitting a Concept Plan, applicants are encouraged to schedule and attend an optional preap- plication conference in accordance with and for the purposes as set forth elsewhere in this UDO for preapplication conferences. 2. Review and Report by the Parks and Recreation Advisory Board. Po.rk:s & Aecre.ltkti So.ml Plan ninq &.Z.,.q Comm~ If the proposed area involves any required or voluntary parkland dedication , the Concept Plan must be reviewed by the Parks and Recreation Advisory Board. Parks and Recreation Advisory Board recommendations shall be forwarded to the City Council. 3. Review and Report by the Greenways Program Manager. If the proposed area includes a greenway dedication as shown on the Greenways Master Plan, or if the applicant is proposing greenway dedication or voluntary sale , the Concept Plan must be reviewed by the Greenways Program Manager. The Greenways Program Manager's recommendation shall be forwarded to the City Council. 4. Review and Recommendation by the Administrator. The Administrator shall review the Concept Plan and recommend approval , approval with conditions , or disapproval of the same . 5. Review and Recommendation by the Planning and Zoning Commission. The Planning and Zoning Commission shall review the Concept Plan and recom- Supp . No. 3 CD12 :70 DEVELOPMENT REVIEW PROCEDURES Sec. 12-3 .5 . Concept Plan Review (PDD and P-MUD Districts). mend to the City Council approval, approval with conditions, or disapproval of the same. 6. City Council Final Action. The City Council shall review the Concept Plan and approve, approve with conditions, or disapprove . D. Concept P lan Requirements. A Concept Plan shall not be considered or reviewed as a complete site plan application. The Concept Plan for the proposed development shall include the following : 1. A general plan showing the location and relationship of the various land uses permitted in the development; 2. A range of proposed building heights; 3 . A written statement addressing the drainage development of the site; 4. The general location of detention/retention ponds and other major drainage struc- tures; 5. A list of general bulk or dimensional variations sought; 6. If general bulk or dimensional variations are sought, provide a list of community benefits and/or innovative design concepts to justify the request; 7. The general location of building and parking areas; 8. Open spaces, parkland, conservation areas, greenways, parks, trails and other special features of the development; and 9. Buffer areas or a statement indicating buffering proposed. E. Review Criteria. The Administrator and Planning and Zoning Commission shall recommend approval and the City Council may approve a Concept Plan if it finds that the Plan meets the following criteria: 1. The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area; 2. The propo sa l is in conformity with the policies , goals, and objectives of the Comprehensive Plan, and any subsequently adopted P lans, and will be consistent with the intent and purpose of thi s Section ; 3. The proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development; 4. Every dwelling unit need not front on a public street but shall have access to a public street directly or via a court, walkway, public area, or area owned by a homeowners association; Supp. No . 2 CD12:71 COLLEGE STATION CODE Sec. 12-3 .5. Concept Plan Review (PDD and P-MUD Districts). 5. The development includes provision of adequate public improvements, including, but not limited to, parks, schools, and other public facilities; 6. The development will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity; and 7. The development will not adversely affect the safety and convenience of vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area. F. Minimum Requirements. Unless otherwise indicated in the approved Concept Plan, the minimum requirements for each development shall be those stated in this UDO for subdivisions and the requirements of the most restrictive standard zoning district in which designated uses are permitted . Modification of these standards may be considered during the approval process of the Concept Plan. If modification of these standards is granted with the Concept Plan, the Administrator will determine the specific minimum requirements. G. Compliance with Other Regulations. The approval of a Concept Plan shall not relieve the developer from responsibility for complying with all other applicable sections of this UDO and other codes and ordinances of the City of College Station unless such relief is granted in the approved Concept Plan. H. Owners Association Required. An owners' association will be required if other satisfactory arrangements have not been made for providing, operating, and maintaining common facilities including streets, drives , service and parking areas, common open spaces, buffer areas, and common recreational areas at the time the development plan is submitted. If an owners' association is required, documentation must be submitted to the City at the time of platting to assure compliance with the provisions of this UDO. I. Modifications. Any deviations from the approved Concept Plan shall require City Council approval except as provided for below. J. Minor Amendment to Concept Plan. Minor additions and modifications to the approved Concept Plan meeting the criteria below may be approved by the Administrator: 1. Minor additions to structures as determined by the Administrator; 2. Minor new accessory structures if the location does not interfere with existing site layout (e.g., circulation , parking, loading, storm water management facilities, open space, landscaping, buffering); 3. Minor additions to parking lots; Supp. No. 2 CD12:72 DEVELOPMENT REVIEW PROCEDURES Sec. 12-3.6. Site Plan Review. 4. Clearing or grading of areas not depicted on the Concept Plan as a conservation area, greenway, or park; and 5. Final determination of the specific meritorious modifications such as setbacks, lot size, dimensional standards , etc., granted generally as part of the Concept Plan. (Ord. No . 2012-3449, Pt. l(Exh. E), 9-27-2012) Sec. 12-3.6. Site Plan Review. A. Applicability. 1. Prior to development of any use or structure other than single-family (excluding Manufactured Home Parks), duplex, or townhouse residential development, a site plan shall be approved by the City in accordance with this Section. 2. No development described in paragraph l. above shall be lawful or permitted to proceed without final site plan approval. A site plan approved as part of a conditional use permit shall be considered a site plan approval. 3. If the subject property is zoned as a Planned Develop- ment District (PDD) or Planned Mixed-Use District (P-MUD), the City Council may approve a Concept Plan that provides for general modifications to the site development standards. The general modifications shall ?reapplica tio n Co nfere n ce Applic~tion Submittal Completeness Review be indicated on the approved Concept Plan. The Administrator shall determine the specific standards that comply with the general modifications of the site development requirements at the time a site plan is approved. The applicant or the Administrator may have the City Council determine the specific standards that comply with the approved Concept Plan. B. General Requirements. All improvements reflected on approved site plans must be constructed at the time of development. All terms and conditions of site plan approval must be met at the time of development . C. Application Requirements. A complete application for site plan approval shall be submitted to the Administrator as set forth in the General Approval Procedures Section in Chapter 12, Article 3 in this UDO . The application shall include a landscape plan illustrating compliance with the require- ments of the Landscaping and Tree Protection Section in Chapter 12, Article 7 of this UDO. Where applicable, applicants shall submit information, documents, and materials Supp. No . 2 CD12:73 Crrv oF Coll.EGE STATJOl'i HomL o/TtxAS Ao-M U1rirJmil]• FOR OFFICE USE ONLY CASE NO.: i Y -2 Lo?__ DATE SUBMITTED : \ \ j t ':! \ \ ':\ TIME: 11 : 20 STAFF: __._A..l.:~~------ PLANNING & DEVELOPMENT SERVICES TRANSMITTAL LETTER Please check one of the options below to clearly define the purpose of your submittal. 0 New Project Submittal O Incomplete Project Submittal -documents needed to complete an application . Case No .: (21. Existing Project Submittal. Case No .: \ 4 --L lo2 ------- 1 Project Name Cr e.e ~ M ea.cl 0 v.-f S" Contact Name Phone Number -----------~ We are transmitting the following for Planning & Development Services to review and comment (check all that apply): O Comprehensive Plan Amendment 0 Rezoning Application 0 Conditional Use Permit ~ Preliminary Plan O Final Plat 0 Development Plat O Site Plan O Special District Site Plan 0 Special District Building I Sign 0 Landscape Plan INFRASTRUCTURE AND ENGINEERING DOCUMENTS D Non-Residential Architectural Standards 0 Irrigation Plan 0 Variance Request D Development Permit O Development Exaction Appeal D FEMA CLOMA/CLOMR/LOMA/LOMR 0 Grading Plan 0 Other -Please specify below All infrastructure documents must be submitted as a complete set The following are induded in the complete set: D Comprehensive Plan Amendment 0 Waterline Construction Documents D TxDOT Driveway Permit D Sewerline Construction Documents D TxDOT Utility Permit 0 Street Construction Documents 0 Drainage Letter or Report D Easement Application D Fire Flow Analysis 0 Other -Please specify Special Instructions : 10/10 CITY oF Coll.EGE STATION HomL ofTew Ad-M Uniumit]" FOR OFFICE USE ONLY CASE NO .: \ L-\ -z l_Q L DATE SUBMITTED: \ \ /\'6 \ \ L..\. TIME: Cj '-Ljtp STAFF: -'f\~0,__ _____ _ PLANNING & DEVELOPMENT SERVICES TRANSMITTAL LETTER Please check one of the options below to clearly define the purpose of your submittal . 0 New Project Submittal D Incomplete Project Submittal -documents needed to complete an application . Case No .: ~ Existing Project Submittal. Case No.: \ L-\ -2-lO 2-------- Project Name CreeK Me4dows Contact Name --------------Phone Number -----------~ We are transmitting the following for Planning & Development Services to review and comment (check all that apply): D Comprehensive Plan Amendment D Rezoning Application D Conditional Use Permit 0 Preliminary Plan O Final Plat 0 Development Plat D Site Plan 0 Special District Site Plan 0 Special District Building I Sign O Landscape Plan INFRASTRUCTURE AND ENGINEERING DOCUMENTS O Non-Residential Architectural Standards 0 Irrigation Plan D Variance Request 0 Development Permit D Development Exaction Appeal 0 FEMA CLOMNCLOMR/LOMA/LOMR D Grading Plan 0 Other -Please specify below All infrastructure documents must be submitted as a complete set The following are induded in the complete set: D Comprehensive Plan Amendment D Waterline Construction Documents D TxDOT Driveway Permit 0 Sewerline Construction Documents D TxDOT Utility Permit D Street Construction Documents 0 Drainage Letter or Report 0 Easement Application D Fire Flow Analysis 0 Other -Please specify Special Instructions: 10/10 t';J 'r I .. ·\ ... i--:J Scale : 1 Inch= 280 Feet Area: 19.897 Acres (866,733.60 Square Feet) 14-262 (2) REVISED PRELIMINARY PLAN CREEK MEADOWS SEC IA & 4 Area: 19.897 Acres (866,733 .60 Square Feet) Perimeter: 4228.178 Feet Gap= 0 .097 (North 58° 34' 20" West) CLOSED 11-13-2014 BR 1. N43°08'29"E 611.04' 9. S34°16'29"E 69.82' 17 . S48 °44'54"W 120 .16' 25 . N34°32'04"W 95.93' 2. S46°51'32"E 32 .50' 10 . S39 °26'56"E Ch52.49' Rad291.00'!:LN49 °01'43"W 21.22' 26. N27°04'16"W 24 .70' 3. S44°10'49"E 192 .00' 11. S44°37'24"E 112 .16' 19. S40 °58'17"W 489.97' 27. N49°0l '43"W 201.81' 4. S38°29'2l"E Ch283.44' Radl429 .12'.IM6 °4 9'34"E 56 .96' 20 . S51 °53'18"W Chl09 .84' Rad2901Kl'lR.44°37'24"W 305.49' 5. S42°55'37"E 24 .25' 13 . S49 °01'43"E 156 .63' 21. S62 °48'19"W 34 .06' 29. N27°27'40"W 171.32' 6. S47°04'23"W 11.85' 14 . S52 °09'05"E 128.50' 22. N28 °2 6'47"W 174.77' 30 . N41 °42'3 l"W 100 .00' 7. S42°55'37"E 50.00' 15 . S49 °01'43"E 14.63' 23. N61 °33'13"E 27 .10' 31. N37°24'02"W 96 .94' 8. S35°05'13"E 38 .15' 16. S45°55'59"E Chl84.81' Radl25'.Wt8'tRi9 °25'16"E Ch20.47' Rad275.0lmN44 °09'00"W 213 .7 9' GAP error cannot be greater than 0 .10 (See SOP for Exceptions) N · 1 ;, Scale : 1 Inch = 300 Feet !,J Area: 19.898Acres(866,75L60SquareFeet) 14-262 (2) PRELIMINARY PLAN CREEK MEADOWS SEC lA & SEC 4 Area: 19 .898 Acres (866,751.60 Square Feet) Perim eter: 422 8.378 Feet Gap=0 .120(South60° 47' 22"East) DOES NOT CLOSE 10-22-2014 BR !. N43 °08'28 "E 611.04' 9. S34°16'29"E 69.82' 17 . S48 °44'54"W 120 .16' 25. N34°32'04"W 95.93' 2. S46°51'32"E 32.50' 10. S39°26'56"E Ch52.49' Rad291.00'~N49 °01'43"W 21.22' 26 . N27°04'16"W 24.70 ' 3 . S44°10'49"E 192.00' 11. S44°37'24"E 11 2.16' 19. S40 °58'17"W 489.97' 27 . N49°01'43"W 201.81 ' 4 . S38°29'2 l"E Ch283.44' Rad l429 .12'.~46 °49'34"E 56.96' 20. S51 °53'18 "W Ch l09 .84' Rad2901Rl'1R44°37'24"W 305.49' 5. S42°55'37"E 24.25' 13. S49 °01'43"E 15 6.63' 21. S62 °48'19"W 34 .06' 29 . N27°27'40"W 171.32 ' 6. S47°04'23"W 11.85 ' 14 . S52°09'05"E 128 .50' 22 . N28 °26'47"W 174 .77' 30 . N41°43'12"W 100.12' 7 . S42°55'37"E 50.00' 15. S49°01'43"E 14 .63' 23. N61 °33'13"E 27 .1 0' 31. N37°25'56"W 97.02' 8. S35°05'13"E 38.15' 16 . S45 °55'59"E Chl 84.8 1' Radl2522€18'N09 °25'16"E Ch20.47' Rad275 .0&21N44 °09'00"W 213 .79' GAP error caimot be grea ter th an 0 .10 (See SOP for Exce pti ons) N J.· l '~ ··~ ....... it•{·: Scale: 1 Inch= 250 Feet Area: 19.125 Acres (833,090.10 Square Feet) 14-262 Revised PRELIMINARY PLAN CREEK MEAD OWS SEC 1 C Area: 19.125 Acres (833,090.10 Square Feet) Perimeter: 3999 .94 Feet Gap= 0.007 1. N47 °04'18 "W 130.89' 5. N03 °34'22"W 92 .96' 2 . S42°55'42"W 44.56' 6 . N03 °35'56"W 329 .01' 3 . N47 °04'18"W 34 .11' 7 . N43 °06'08"E 300 .73' 4 . N42 °39'53"W 368.04' 8 . N42 °39'06"E 496. 70' GAP error cannot be greater than 0 .10 (See SOP for Exceptions) 9. S47 °40'04"E 182 .99' 10 . S47 °46'42"E 256 .81' 11. S47 °48'00"E 200 .06' 12. S47 °43'59"E 191.71' CLOSED 11-13-2014 BR 13 . S48 °54'07"E 8.13' 14 . S42 °55'42"W 617 .80' 15 . N48°02'56"W 143.42' 16 . S41 °57'04"W 300 .21' 17 . 18 . Scale: 1 Inch= 254 Feet Area: 19 .125 Acres (833,090 .10 Square Feet) 14-262 (I) PRELIMINARY PLAN CREEK MEADOWS SEC 1 C Area : 19.125 Acres (833,090.10 Square Feet) Perimeter: 3987.44 Feet Gap= 12.496 (North 47 ° 6' l" West) 1. N47 °04'18"W 118 .39 ' 5. N03 °34'22"W 92.96' 2. S42 °55'42"W 44.56' 6. N03°35'56"W 329.01' 3. N47°04'18"W 34 .11' 7. N43 °06'08"E 300 .73' 4. N42 °39'53"W 368.04' 8. N42°39'06"E 496.70' GAP error caimot be greater than 0 .10 (See SOP for Exceptions) DOES N OT CLO SE 10-22-20 14 BR 9. S47°40'04"E 182.99' 13. S48 °54'07"E 8.13 ' 10 . S4 7°46'42"E 256 .81 I 14. S42 °55'42"W 617.80' 11. S47°48'00"E 200 .06' 15. N48°02'56"W 143 .42' 12 . S47 °43'59"E 191.71' 16 . S41 °57'04"W 300 .21' 17 . 18. Scale: 1 Inch= 700 Feet Area: 96 .002 Acres (4,181,839.00 Square Feet) 14-262 (FIELD N OTES) PRELIMINARY PLAN CREEK MEADOWS SEC 5, 6, 7 Area: 96.002 Acres (4,181,839.00 Square Feet) Perime ter : 9164.511 Feet Gap= 0.009 CLOSED 10-22-2014 BR I. N49°54'12"W 162.76' 5. N04 °48'3l"W Ch51.34' Rad35 .00w..Nl8 °34'16"E Ch719 .71' Rad910 .003RS49 °00'25"E 554 .20' 2. N53 °19'39"W 231.81 ' 6 . N42 °22'02"E 182 .80' 10 . S48 °47'53 "E 339 .63' 14 . S48 °41'19"E 621.03' 3. N54 °27'00"W 149 .54' 7. Nl8°49'20"E Ch802.87' Radl004 .H E48 °28'25 "E 411.75' 15 . S48 °03'04"E 159.58' 4 . N5 1°59'03"W 261.75 ' 8. N04 °43'2 l "W 1452.01' 12 . S49 °07'32"E 430 .31' 16. S42 °23'18"W 2583 .86' GAP error cannot be greater than 0 .10 (See SOP for Exceptions) Scale : 1 Inch= 500 Feet Area: 71.638 Acres (3,120,546.00 Square Feet) 14-262 (4) PRELIMINARY PLAN CREEK MEADOWS SEC 5, 6, 7 Area: 71.638 Acres (3,120,546.00 Square Feet) Perimeter: 7463.111 Feet Gap= 0.006 sss o 16'39"\V 1040.05' CLOSED 10-22-2014 BR !. S42°23'18"W 1138 .50' 5. N77 °23'55"W 42.47' 9. S48°47'53"E 339 .63' 2. N47°36'42"W 160 .70' 6. N03 °56'22"E Ch302.69' Radl 004.i>G~ B48°28'25"E 411 . 75' 3. N58°30'32"W 69 .11' 7. N04°43'2l"W 1452.01' 11. S49°07'32"E 430.31' 4. S85°16'39"W 1040 .05' 8. Nl8°34'17"E Ch719 .71' Rad910.0ll2RS49 °00'25"E 554.20' GAP error caimot be greater than 0 .10 (See SOP for Exceptions) 13 . S48 °41'19"E 621.03' 14 . S48 °03'04"E 159.58' N / ~· . ~-' ~· ' Scale : 1 Inch= 150 Feet Area: 4.766 Acres (207 ,592 .50 Square Feet) 14-262 (3) PRELIMINARY PLAN CREEK MEAD OWS SEC 3 PH 3 Area: 4.766 Acres (207,592 .50 Square Feet) Perimeter: 2088.675 Feet Gap= 0.005 1. N55°46'15"W 60.05' 6. N50 °56'13"W 105 .36' 2. N50°56'13"W 494 .63' 7. N04°12'13"W 27.41' 3. N00 °31'10"W 30.25' 8. N42°38'58"E 211.62' 4. N56 °46'02"W Ch55.56' Rad50 .00'<RN87 °38'58"E 28.28' 5. S66°59'06"W 20.00' 10 . S47°21'02"E 150.00' GAP error cannot be greater than 0 .10 (See SOP for Exceptions) 11. N42 °38 '58"E 52 .11' 16 . S68 °11'19"E Ch20.35' Radl475.00'. 12 . S47 °21'02 "E 40.00' 17. S21 °2 4'58"W 50.00' 13 . S50°56'13"E 26.67' 18 . Sl4°50'08"W 76.91' 14 . S59 °2 1'54"E Ch397 .21' Radl355100'~ I 0 53'53"W 117.48' 15. S22 °12'24"W 120 .00' CREEK MEADOWS DEVELOPMENT REVIEW Case: 14-262 PRELIMINARY PLAN Zo ning Dist ricts R-4 Multi-Famliy BPI Business Park Industrial PDD Planned Development District R Rural R-6 High Density Multi-Family NAP Natural Areas Protected WPC Wolf Pen Creek Dev . Corridor E Estate MHP Manufactured Home Park C-3 Light Commercial NG-1 Core Northgate RS Restricted Suburban 0 Office M -1 Light Industrial NG-2 Trans it ional Northgate GS General Suburban SC Suburban Commercial M -2 He avy Industrial NG -3 Residential Northgate R -1B Single Family Residential GC General Commercial C -U College and University ov Corridor Overlay D Duplex Cl Commercial-Industrial R&D Research and Development RDD Redevelopment District T Townhouse BP Business Park P-MUD Planned Mixed-Use Development KO Krenek Tap Overlay vr CRE E K MEADOW S Case : PR ELIM INARY PLAN DEVELOP MENT REVIEW 14-262 TITLE REPORT for UNIVERSITY TITLE COMP ANY I 021 University Dr. East, College Station, Texas 77840 G .F. No.: 00083763 Certification Date : August 28, 2008 Examiner: NBD Prooertx Descrjption: Beioi: all that certain tract of land lying and being situated In the Andrew McMahon Survey, Abstract No. 167, Brazos County, Texas. Said tract being the remainder of a called 22.9 acre tract as described by a Distribution Deed to Billie June Reece, Kathleen Dudley and Carolyn Matheson recorded In Volume 6889, Pages 190 and 193 of the Official Records of Brazos County, Texas. Said remainder of 22.9 acre tract bein& the remainder of a called 11.984 acre tract described in Volume 305, Page 187 of the Deed Records or Brazos County, Texas, and the remainder of a called 15.98 acre tract described in Volume 281, Page·231, or the Deed Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: BEGINNING at a 112 inch Iron rod found on the northwest Une of Greens Prairie Road· (a county maintained public road) marking the south comer of said remainder of 22.9 acre tract and the southeast corner of Lot 3A, Benjamin Graham Subdivision, according to the plat recorded In Volume 2463, Page 329 of the Official Records of Brazos County, Texas; THENCE: along the common Une of said remainder of 22.9 acre tract and said Lot 3A for the following calls: N 03° 27' 00" W for a distance of 725.85 feet to a 112 inch iron rod found; S 88° 03' 03" E for a distance of 16.92 feet to a 112 Inch Iron rod found; N 03• 34' 22" W for a distance of 119.54 feet to a 112 Inch Iron rod found marklni: the northeast comer of said Lot 3A and the southeast corner or a called 3.42 acre tract owned by Donald and Martha Royder accordini: to the Brazos County Appraisal District; THENCE: N 03• 35' 56" W alon& the common line of said remainder of 22.9 acre tract for a distance of 329.01 feet to a 518 Inch iron pipe found marking the south comer of a called 11.18 acre tract as described by a Deed to Walter W. Ruoff, Jr. and wife, Lynn M. Ruoff, recorded in Volume 1694, Page 111, or the Official Records of Brazos County, Texas; THENCE: N 43° 06' 08" E along the common Une or said remainder of 22.9 acre tract and said 11.18 acre tract for a distance of 300. 73 feet to a 1/2 Inch iron rod round marking the common corner of said 11.984 acre tract and said 15.98 acre tract; THENCE: N 42° 39' 06" E continuing along the common line of said remainder of 22.9 acre tract and said 11.18 acre tract for a distance of 496.70 feet to a 518 inch iron rod fo1md marking the west comer of Block I, Turnberry Place Subdivision, according to the plat recorded in Volume 4168, Page 77 of the Official Records of Brazos County, Texas; THENCE: along the common line of said remainder of 22.9 acre tnlct and Lots 1 -4, Block I, Turnberry Place, for the following calls: S 47° 40' 04" E for a distance of 182.99 feet to a 518 iDch iron rod found marking the common corner of said Lot 4 and Lot 3; S 47° 46' 42" E for a distance of 256.81 feet to a 5/8 inch iron rod round marking the common comer of said Lot 3 and Lot 2; S 47° 48' 00" E for a distance of 200.06 feet to a 518 inch iron rod found marking the common corner of said Lot 2 and Lot 1; S 47° 43' 59" E for a distance of 191.71 feet to a 518 IDch iron rod found marking the south comer or said Lot 1; THENCE: S 48" 54' 07" E along the northeast Une of said remainder of22.9 acre tract for a distance of8.13 feet to a 6 inch fence comer post fouDd on the uortbwest line of Greens Prairie Road marking the east corner of said remainder of 22.9 acre tract; THENCE: S 42° 55' 42" W along the northwest Une of Greens Prairie Road for a distance of617.80 feet to a 5/8 Inch Iron rod set marking the east comer of the remainder of a called 0.861 acre tract as described by a Deed to Augustine E. Palmisano and Donna L. Palmisano recorded In Volume 7479, Page 230 of the Offidal Records of Brazos County, Tens; THENCE: N 48° 02' 56" W along the common line of said remainder of 22.9 acre tract and said remainder of 0.861 acre tract for a dlstaace of 143.42 feet to a 112 inch iron rod fonud marking the north corner of said remainder of 0.841 acre tract; THENCE: S 41° 57' 04" W continuing along the COIIll1IOD Hoe of said remainder of 22.9 acre tract and said remainder of 0.861 acre tract for a distance of 300.21 feet to a 112 Inch iron rod found marking the west corner of the remainder of a called tract of land as described by a Deed to Lone Star Gas Company recorded in Volume 148, Page 226 of the Deed Records of Brazos County, Texas; THENCE: S 48" 02' 56" E along the common line ofsald remainder of 22.9 acre tract and said remainder of Lone Star Gu tract for a distance of 138.29 feet to a 518 Inch iron rod set on the northwest line of Green Prairie Road; THENCE: S 42° 55' 42" W along the northwest line of Green Prairie Road for a distance of 709.96 feet to the POINT OF BEGINNING containing 22.418 acres of land, more or less. SA VE AND EXCEPT: Metes and bounds description of all that certain tract of -land lying and being situated lo the Andrew McMahon Survey, Abstract No. 167, Brazos County, Telll. Said tract being a portion of a called 22.418 acre tract as d~ribed by a deed to Creek Meadows Partners, L.P. recorded In Volume 7633, Page 239 of the Official Public Records or Drams 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 or Greens Prairie Road (a county maintained public road) marking the southwest comer of said 22.418 acre tract and the southeast corner of Lot 3A, Benjamin Graham Subdivision, according to the plat recorded in Volume 2463, Page 329 of the Official Public Records of Brazos County, Texas; THENCE: Along the common line of said 22.418 acre tract and said Lot 3A for the following calls: N 03° 27' 00" W for a distance of725.85 feet to a 112 Inch Iron rod found; S 88° 03' 03" E for a distance of 16.92 feet to a 112 Inch iron rod found; N 03° 34' 22" W for a distance of 26.58 feet to a 518 Inch iron rod set marking the north corner of this herein described tract, for reference a 112 inch Iron rod found markln& the northeast corner of said Lot 3A bears: N 03° 34' 22" W for a distance of 92.96 feet; THENCE: Through said 22.418 acre tract for the following calls: S 42° 39' 53" E for a distance of 368.04 feet to a 518 inch iron rod set; S 42° 55' 42" W for a distance of 144.63 feet to a 518 inch Iron rod set; S 03° 27' 00" E for a distance of 227.93 feet to a 5/8 Inch iron rod set on the northwest line of Greens Prairie Road marking the southeast comer of the herein described tract; THENCE: S 42" 55' 42" W along the northwest line of Greens Prairie Road for a distance of 200.00 feet to the POINT OF BEGINNING contalnfng 2.30 acres of land, more or less. NOTE: Tite 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 Jn: Creek Meadows Partnen, L.P. Vesting Deed to owners shown herein was dated October 5, 2006 and recorded in Volume 7633, Page 239, Official Records, Bruos County, Texas. Sub!ect To: Deed of Trust to secure a Note: Grantor: Creek Meadows Partners, L.P. Trustee: Timothy C. Jones Beneficiary: First Victoria National Bank Amount Sl,214,487.00 Dated: December 21, 2007 Recorded: Volume 8398, Page 70, Official Records, Brazos O>unty, Tex.as . Restrjstioos: None of Record Exceptions: 10' Telephone Basemen!: From: John W. Halick, et ux To: General Tdephone Company of the Sonthwest Dated: September 7, 1984 Recorded: Volwne 735, Page 202, Official Records, Brazos County, Texas. I 0' Easement: From: To: Dated: Recorded: Easement: From: To: Dated: Recorded: John W. Halick, et ux GTE Southwest, Incorporated March S, 1990 Volwne 1188, Page 185, Official Records, Brazos County, Texas. John W. Halick, et ux County of Brazos August 1, 1990 Volume 1201, Page 336, OfDcial Records, Brazos County, Tex.as. Blanket Easement: From: Johnnie W. Halick, et ux To: Wellborn Special Utility District Dated: September 8, 1999 Recorded: Volume 3645, Page 274, Official Records, Brazos County, Texas. Blanket Easement: From: J. W. McCulloch, et al To: Lone Star Gas Company Dated: December 19, 1952 Recorded: Volume 148, Page 478, Deed Records, Brazos O>unty, Texas. Blanket Easement: From : To: Dated: Recorded : J . W. McCulloch, et al Lone Star Gas Company May2S, 1959 Volume 198, Page 59, Deed Records, Brazos County, Texas . Blanket Easement: From: To: Dated: Recorded : John W. Hollck, et ux City or Bryan October S, 1972 Volwne 310, Page 314, Deed Records, Brazos County, Texas . Blanket Easement: From : John W. Hollck, et ux To: City of Bryan Dated: June 9, 1977 Recorded : Volume 378, Page 194, Deed Records, Brazos O>unty, Texas. Easement: From: To: Dated: Recorded : Creek Meadows Partners, L.P. City of College Station December 11, 2007 Volume 8400, Page 209, Official Records, Brazos O>unty, Texas . Easement: From: To: Dated: Recorded: Creek Meadows Partners, L.P. City of College Station July 16, 2007 Volume 8127, Page 260, Official Records, Brazos County, Texas. Terms, Conditions, and Stipulations in the Pre-Development and Easement Agreement by and between: Parties: Creek Meadows Partners, L.P. and E. Hubbard Kennady Family Umited Partnership Dated: April 30, 2007 Recorded: Volume 7944, Page 208, Official Records, Brazos County, Texas. Minerals and/or Royalties: Mineral Reservation in Deed with Waiver of Surface Rights : By: Billie June Reece, et al To: Creek Meadows Partners, L.P. Dated: October 5, 2006 Recorded: Volume 7633, Page 239, Official 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. John W. Holick, et ax Lessee: Getty Oil Company Dated: August 23, 1978 Recorded: Volume 33, Page 354, Oil & Gas Lease Records, Brazos Cowity, Texas. Title to said interest bas not been investigated subsequent to the date of the aforesaid instrument Upon examination oftbe public records of Brazos County, Tex.as, we fmd 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. University Title Company Continuation of Schedule A Policy No . TO 1182613 THENCE N 47° 33' 46" W along the common line of said Townsend and Vance 1 acre tracts for a distance of 209.00 feet to a 5/8-inch iron rod set for the east corner of a called 1 acre tract described by a deed to Tommie Townsend recorded in Volume 120, page 217 (B .C.D.R.) and a southwest corner of a called remainder of a 1 acre tract as described by a deed to Walter Hudlin, Will Hudlin and wife, Mary E. Hudlin, recorded in Volume 221, page 153 (B.C.D.R.); THENCE N 42° 26' 14" E along the common line of said Vance 1 acre tract and said Hudlin tract for a djstance of 22.17 feet to a 5/8-inch iron rod set for the east corner of a called 0.622 acre tract as described by a deed to Andrew Chambers and wife, Tommie Dell Chambers, recorded in Volwne 562, page 476 (B.C.D.R.), for reference a 1/2-inch iron rod found marking the west corner of said 0.622 acre tract bears N 49° 10' 54 W at a distance of 49.64 feet; THENCE along the common line of said 0.622 acre tract and said Vance 1 acre tract for the following two (2) calls: 1) S 49° 10' 54" E for a distance of 51.62 feet to a 1/2-inch iron rod found and 2) N 40° 58' 56" E for a distance of 262.73 feet to a 1/2-inch iron rod found bent; THENCE N 41° 42' 31" W for a distance of 100.00 feet to a point in the centerline of a private road; THENCE along said private road for the following two (2) calls: 1) N 37° 25' 18" W for a wstance of 97.02 feet to a point and 2) N 44° 10' 49" W for a distance of 213. 79 feet to a 5/8-inch iron rod set in the southeast line of said Greens Prairie Road (a County maintained Public Road); THENCE N 43° 08' 29" E along the southeast line of said Greens Prairie Road for a distance of 1233.11 feet to the POINT OF BEGINNING and contafoing 171.043 acres of land, more or less. Tract Two: All that certain tract of land lying and being situated in the JESSE BLEDSOE SURVEY, Abstract No. 71, and the SAMUEL DAVIDSON LEAGUE, Abstract No. 13, Brazos County, Texas. Said tract being a portion of a called 262.55 acre tract described as Tract Seven by a Deed to VRV Partners recorded in Volume 1175, page 653 of the Official Records of Brazos County, Texas, and a portion or a called 102 acre tract as described by a deed to Betty V. Goss, B. F. Vance, .Tr. and William R Vance, Trustees of the VRV Trust, recorded in Volume 1020, page 325 of the Official Records of Brazos county, Texas. Said tract being more particularly described by metes and bounds as follows: BEGJNNJNG at a 5/8 inch iron rod found on the southwest line of Woodlake Subdivision, Section One, according to the Plat recorded in Volume 410, page 415 of the Deed Records of Brazos County, Tex.as, said iron rod found marking the east corner of said 262.55 acre tract and the north corner of a called 50 acre tract as described by a deed to Mary Turner and Wanda Goss, recorded in Volume 2327, page 107 of the Official Public Records of Brazos County, Texas; THENCE S 42° 23' 18" W along the common line of said 262.55 acre tract and said 50 acre tract for a distance of 2583.88 feet to a 5/8 inch iron rod found on the fenced northeast line ofRoyder Road; THENCE along the fenced northeast line of Royder Road for the following calls: N 49° 54' 12" W for a distance of 162.76 feet to a point; N 53° 19' 39" W for a wstance of231.81 feet to a point; Old Republic National Title Insurance Company Page 3 Continuation of Schedule A Policy No . TO 1182613 N 54° 27' 00" W for a distance of 149.54 feet to a point; N 51° 59' 03" W for a distance of 261.98 feet to a 5/8 Inch iron rod set on the easterly line of Greens Prairie Trail, marking the beginning of a clockwise curve having a Radius of 35.00 feet; THENCE Along the easterly line of Greens Prairie Trail for the following calls: Along said curve through a central angle of 93° 58' 27" for an arc distance of 57.41 feet (Chord bears: N 04 ° 37' 12" W -51.18 feet) to a 5/8 inch iron rod set marking the ending point of said curve. N 42° 22' 02" E for a distance of 182.81 feet to a 5/8 inch iron rod set marking the beginning of a counterclockwise curve having a Radius of 1004.93 feet; Along said curve through a central angle of 47° 05' 23" for an arc distance of 825.92 feet (Chord Bears: N 18° 49' 20" E -802.87 feet) to a 5/8 inch iron rod set marking the ending point of said curve; N 04° 43' 21" W for a distance of 1452.01 feet to a 5/8 inch iron rod set marking the beginning of a clockwise curve having a Radius of 910.00 feet; Along said curve through a Central Angle of 46° 35' 16" for an arc distance of 739.93 feet (Chord Bears: N 18° 34' 17" E -719.71 feet) to a point on the southwest line of Woodlake Subdivision, Section One, marking the north corner of this herein described tract: THENCE Along the common line of said 262.55 acre tract and Woodlake Subdivision, Section One, for the following calls: S 48° 47' 53" E for a distance of339.63 feet to a 3/8 inch iron pipe found; S 48° 28' 25" E for a distance of 411.75 feet to a 1/2 inch iron rod found; S 49° 07' 32" E for a distance of 430.31 feet to a 112 inch iron rod found; S 49° 00' 25" E for a distance of 554.20 feet to a 3/8 inch iron pipe found; S 48° 41' 19" E for a distance of 621.03 feet to a 1/2 inch iron rod found; S 48" 03' 04" E for a dist ance of 159.58 feet to the POINT OF BEGINNING, containing 96.00 acres of land, more or less. 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 and does not override item No. 2 of ScheduleB. Old Republic National Title Insurance Company Page4 OWNER POLICY OF TI1LE INSURANCE SCHEDULEB G.F. No. 21282 Policy No. TO 1182613 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of the terms and conditions of the leases or easements insured, if any, shown in Schedule A and the following matters : 1. \. ~A Afhe following restriea,•e eo·1eft8ats of E1:1eonl itemil.!ee below (We mast either insert speeifie reeoFdiBg data or delete thls U el!eeptiofl): 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. 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. 5. Standby fees, taxes and assessments by any taxing authority for the year 2006, and subsequent years; 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 following matters and all terms of the documents creating or offering evidence of the matters (We must insert matters or delete this exception.): a. Vendor's lien retained in deed dated December 15, 2005, recorded in Volume 7068, page 220, of the Official Records of Brazos County, Texas from VRV Partners, a Texas partnership to Creek Meadows Partners, L.P. for the benefit of First Victoria National Bank as therein provided and all of the terms, provisions and conditions of said instrument. b. Deed of Trust/Security Agreement-Financing Statement dated December 15, 2005, recorded in Volume 7068, page 227, of the Official Records of Brazos County, Texas executed by Creek Meadows Partners, L.P. to Timothy C. Jones, Trustee, for the benefit of First Victoria National Bank as therein provided, and all of the terms, provisions and conditions of said instrument. c. Mineral Reservation as set out in deed dated December 15, 2005 from VRV Partners, a Texas partnership to Old Republic National Title Insurance Company ·Page I Continuation of Schedule B Policy N o. TO 1182613 Creek Meadows Partners, L.P., recorded in Volume 7068 , page 220, Official Records of Brazos County, Texas. Title to this interest not investigated subsequent to date of s aid instrument. d . Easements or claims of easements which are not recorded in the public records of Brazos County, Texas. e. Any portion of subject property lying within the boundaries of a public or p r ivate roadway whether dedicated or not. f. The policy wilJ not cover and no liability is assumed for any portion of subject property which lies outside the perimeter fence of said property. g. Easement granted to Lone Star Gas Company by A . & M. Consolidated Independent School District as set out in instrument dated January 8, 1951, recorded in Volume 148, page 479 of the Deed Records of Brazos County, Texas. (as to that portion out of the 2.7 acre tract, 262/107) h. Easement granted to Lone Star Gas Company by B. F. Vance as set out in instrument dated March 20 , 1951 , recorded in Volume 148, page 491 of the Deed Records of Brazos County, Texas. i. Easement granted to the City of Bryan by B. F. Vance as set out in instrument dated ;\pril 23, 1956, recorded in Volume 174, page 167 of the Deed Records of Brazos County, Texas. (as to that portion out of the 102 acre parent tract) j . Easement granted to Wellborn Water Supply Corporation by Mrs. Vonnie Ray Vance as set out in instrument dated September 30, 1968, recorded in Volume 273, page 180 of the Deed Records of Brazos County, Texas. k. Easement granted to Wellborn Water Supply Corporation by Mrs. Vonnie Ray Vance as set out in instrument dated July 30, 1971, recorded in Volume 303 , page 371 of the Deed Records of Brazos County, Texas. I . Easement granted to Seminole Pipeline Company by Vonnie Ray Vance as set out in instrument dated December 27, 1981, recorded in Volume 508, page 709 of the Deed Records of Brazos County, Texas. m . Easement together with a Relocation Agreement granted to Seminole Pipeline Company by VRV Partners and the County of Brazos as set out in instrument dated August 26, 1996, recorded in Volume 2690, page 165, and supplemented in Agreement dated January 6, 1997, recorded in Volume 2751, page 179 of the Official Public Records of Brazos County, Texas . n . Easement granted to Wellborn Special Utility District by VRV Partners as set out in instrument dated October 8, 1999, recorded in Volume 3645, page 276 of the Official Public Records of Brazos County, T ex as. o. Easement granted to Wellborn Special Utility District by VRV Partners as set out in instrument dated March 3, 1999, recorded in Volume 3645, page 284 of the Official Public Records of Brazos County, Texas. (as to that portion lying within the 102 acre parent tract) p . Easement granted to Wellborn Special Utility District by VRV Partners as set out in instrument dated March 19, 1999, recorded in Volume 3645, page 286 of the Official Public Records of Brazos County, Texas. q . Conveyance of mineral & royalty interest from Vonnie Ray Vance to Betty V. Goss, B. J . Vance, Jr. and William R. Vance as set forth in instrument dated August 1, 1979, recorded in Volume 430, page 385 of the Deed Records of Brazos County, Texas. Title to said interest bas not been investigated subsequent to date thereof. r . Conveyance of mineral interest from Vonnie Ray Vance to Betty V . Goss, B. F. Vance, Jr. and William R. Old Republic National Title Insurance Company Page 2 Continuation of Schedule B Policy No . TO 1182613 Vance as set forth in instrument dated January 31, 1980, recorded in Volume 445, page 12 of the Deed Records of Brazos County, Texas. Title to said interest has not been investigated subsequent to date thereof. s. Conveyance of mineral interest from Vonnie Ray Vance to Betty V. Goss, B. F. Vance, Jr. and William R. Vance as set forth in instrument dated March 12, 1981 , recorded in Volume 476, page 43 of the Deed Records of Brazos County, Texas. Title to said interest bas not been investigated subsequent to date thereof. t. Memorandum of Oil, Gas and Hydrocarbon Lease dated January 22, 1992, between VRV Partners, a T exas General Partnership, owner of the surface estate and B. F. Vance, Jr., William R. Vance and Betty Vance Goss, each individually and as a partner, and WSC Oil & Gas Corporation, recorded in Volume 1427, page 184 of the Official Public Records of Brazos County, Texas. Title to said interest bas not been investigated subsequent to date thereof. u . There is expressly excluded from coverage hereunder, and this Company does not insure title to oil, gas and other minerals of every kind and character in, on and under the property herein described . v . Rights of parties in possession. Countersigned Aggieland Title Company Old Republic National Title Insurance Company Page3 G.F . No. 21282 Old Republic National Title Insurance Company Owner Policy Number: TO 1182613 Premium Amount Rate Rules Property County Liability Date Type Code 1 2 3 4 5 6 7 8 $16,728 .00 1200 41 $3,403,842 .00 1211912005 3210 0700 0710 ,-. "' CERTIFICATE OF AMENDMENT TOTIIE CERTIFICATE OF LIMITED PARTNERSHIP OF CREEK :\1EADOWS PARTNERS, L.P. Pursuant to the proYisions or Section 3 .0 5 1 or the Texas Business Organi7.ations Code. CRl ~FK 1\.11'.ADOWS P/\RTNl :RS . LP .. a Texas limited partnership (the "Limited Partnership"). files the follo,,ing Certilicak or Amendmenl to its Ce11ilicate or Limited Pai1nership . ARTICLE I. The name or the Limited Pa11nership is CRELK ~11::\DOWS P/\RT~ERS . L.P . lhe tile number iss ued to the Limited Partnership hy the Sccrdary or Stall: is 0800583397 . The Ce11ilicat..: of Limited Pa11m:rship for the Limited Pa11nership ,,·as filed on December 13. 2005. The existing n:gi s tt:rcd agent or the LimiteJ Pai1nership is Pat Baker. The existing reg.i slcred office of the Limited Panncrshi p is 3988 Green Prairie Road West. College Station. Texas 77845. ARTICLE ll. The registcn:<l agent or lhe Limited Partnership has been changed to R . K . Lowry, Jr. The registered olfo.:e of the Limited Partnership has been changed to 14505 Torrey Chase Bl v d .. Suite ~05. llous ton. T e .'WS 77014 . ARTICLE Ill. Bex rn Operating. Im: .. a Clllnrudo corporation. has resigned as gem:ral partm:r or the Limited Partnership and as a result thereof Union Gas Corporation. a Texas corporation , is the so le genera l partner or the Limited Partners hip. The name and business address of the sole gc111.:ra l partner of the Limited Partners hip is a s follows : l.'nion Gas Corporation 14505 Torrl'Y Chase Bh·J. Suite 205 I louston . TX 7701-t ARTICLE IV . The undersigned is th e so le general partner of the Partnership and has th e authority to file this A men<l mem. Al~TICLF. V. T h is <lni.:ument will hecome effective \.V h cn the doc um ent JS liled by the Secretary or State. f O n thi s 2 LT day or January. 20 l l. the undersigned sign this document s ubject to the penalties impo se d hy law for the submission of a materially false or fraudulent instrument. l '~ION GAS CORPORATION, General Partner of Cn.:ck Meadows Partners. L. P. G.F.No.: Certification Date: Examiner: TITLE REPORT for UNIVERSITY TITLE COMPANY 1021 University Dr. East, College Station, Texas 77840 00083764 August 28, 2008 NBD Propertv Description: Being all that tract of land in Brazos County, Texas, out of the Samuel Davidson League, A-13 Survey and a part of tbe Jesse Bledsoe Survey, A-71, and being part of that First Tract of200 acres described In a Deed to B. F. Vance recorded in Volume 142, Page 273 of tbe Deed Recol'lls of Brazos County, Texas, and being further described as follows: BEGINNING at a S/8" steel rod found at the intersection of the Southeast line of said 200 acres with tbe Northeast line of Royder Road; THENCE along Royder Road as follows: North 49 degrees 54 minutes 12 seconds West, 162. 76 feet to a 518 inch steel rod found; North 53 degrees 19 minutes 39 seconds West, 231.81 feet to a 518 inch steel rod found; North 54 degrees 27 minutes 00 seconds West, 149.54 feet to a 518 inch steel rod found; North 51 degrees 59 minutes 03 seconds West, 261. 75 feet to a 518 inch steel rod found; THENCE Northwesterly, 57.64 feet along a curve to the right in a transition to the Easterly right of way of Greens Prairie Trail (100' R.O.W.)-having a radius of 35.00 feet and a central angle of 94 degrees :21 minutes 05 seconds (Chord bears North 04 degrees 48 minutes 31 seconds West, 51.34 feet) to a 518 inch steel rod found at the point of tangency; THENCE along Greens Prairie Trail as follows: North 4:2 degrees 22 minutes 02 seconds East, 182.80 feet to a 518 Inch steel rod found at a point of curve; Northeasterly, 825.92 feet along a curve to the left having a radius of 1004.93 feet and a central angle of 47 degrees 05 minutes 23 seconds (Chord bears North 18 degrees 49 minutes 20 seconds East, 802.87 feet) to a 5/8 inch steel rod found at the point of tangency; North 04 degrees 43 minutes 21 seconds West, 1452.01 feet to a 518 Inch steel rod at a point of curve; Northeasterly, 739.93 feet along a curve to the right havin& a radius of 910.00 feet and a central angle of 46 degrees 35 minutes 15 seconds (Chord bears North 18 degrees 34 minutes 16 seconds East, 719.71 feet) to a point on the Northeast line of said 200 acres, being also on the Southwest line of Lot 10, Woodlake Subdivision, Section l recorded in Volume 410, Page 417 of the Deed Records of Brazos County, Texas, a 112 inch steel rod found bearing South 48 degrees 47 minutes 53 seconds East, 1.44 feet for witness; THENCE South 48 degrees 47 minutes 53 seconds East, 339.63 feet to a 112 inch pipe found at the South corner of said Lot 10; THENCE South 48 degrees 28 minutes 25 seconds East, 411.75 feet to a 112 inch steel rod found at the South corner of Lot 14 of said Woodlake Subdivision; THENCE South 49 degrees 07 minutes 32 seconds East, 430.31 feet to a 112 inch steel rod found at the South comer of Lot 15 of said Woodlake Subdivision; THENCE South 49 degrees 00 minutes 25 seconds East, 554.20 feet to a 112 Inch pipe found at the South corner of Lot 32 of said Woodlake Subdivision; THENCE South 48 degrees 41 minutes 19 seconds East, 621.03 feet to a 112 inch steel rod found at the South comer of Lot 3SA of said Woodlake Subdivision; THENCE South 48 degrees 03 minutes 04 seconds East, 159.58 feet to a 518 Inch steel rod found for the East corner of said 200 acres; THENCE South 42 degrees 23 minutes 18 seconds West (Bearing Basis), 2583.86 feet to the Point of Beginning, containlng 96.002 acres of land. NOTE: The Company is prohibited from lnsmill& the area or quantity of the land described herein. Any statement lo the above legal desttlption of the area or quantity or 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: Creek Meadows Partners, L.P. Vesting Deed to owners shown herein was dated December 15, 2005 and recorded In Volume 7068, Page 220, Official Records, Brazos County, Texas. Subject To: Deed ofTrust to secure a Note: Grantor: Trustee: Beneficiary: Amount: Dated: Recorded: Creek Meadows Partners, L.P, Timothy C. Jones First Victoria National Bank $1,214,487.00 December 21, 2007 Volume 8398, Page 70, Official Records, Brazos County, Texas. Deed of Trust to secure a Note: Grantor: Creek Meadows Partners, L.P. Trustee: Timothy C. Jones Beneficiaiy: First Victoria National Bank Amount: 54,835,000.00 Dated: January 23, 2007 Recorded: Volume 7796, Page 110, Official Records, Brazos County, Texas. Deed of Trust to secure a Note: Grantor: Creek Meadows Partners, L.P. Trustee: Timothy C. Jones Beneficiary: First Victoria National Bank Amount: $2,975,000.00 Dated: December 15, 2005 Recorded: Volume 7068, Page 227, Official Records, Brazos County, Texas. Terms, Conditions, and Stipulations in 1hc Modification, Rearrangement and/or Extension Agreement by and between: Parties: Dated: Recorded: Creek Meadows Partners, L.P. and First Vktorla National Bank December 15, 2007 Volume 8398, Page 109, Official Records, Brazos County, Texas; being corrected and refiled February 8, 2008, Volume 8438, Page 186, Official Records, Brazos County, Texas. Deed of Trust to secure a Note : Grantor: Creek Meadows Partners, L.P. Trustee: Timothy C. Jones Beneficiary: First Victoria National Bank Amount: $636,250.00 Dated: January 23, 2007 Recorded: Volume 7796, Page 94, Official Records, Brazos County, Texas. Terms, Conditions, and Stipulations in the Modification, Rearrangement and/or Extension Agreement by and between: Parties : Dated: Recorded: Creek Meadows Partners, L.P. and Flrst Victoria National Bank December 15, 2007 Volume 8398, Page 97, Official Records, Brazos County, Texas; being corrected and refiled February 8, 2008, Volume 8438, Page 175, Official Records, Brazos County, Texas. Financing Statement Debtor: Creek Meadows Partners, L.P. Secured Party: Flrst Victoria National Bank Recorded: January 31, 2007, under File No., 07-0003565844 with the Texas Secretazy of State. Restrictions: Volume 8325, Page 198, Official Records, Brazos County, Texas. Exceptions; Easements and Building Lines as set out in restrictions recorded in Volume 8325, Page 198 of the Official Records of Braz.as County, Texas. · Maintenance Charges and the Lien securing the payment of the same, as set out in restrictions recorded in Volume 8325, Page 198 of the Official Records of Brazos Collllty, Texas. Pipeline Easement Granted: Parties: Producers Gas Company vs. Voonie Ray Vance Cause #: 4-CC Dated: December 5, 1978 Recorded: Volume 7, Page 79, Condemnation Records, Brazos County, Texas. Easement and Relocation Agreement: From: VRV Partners and County of Brazos To: Seminole Pipeline Compaoy Dated: August 26, 1996 Recorded: Volume 2690, Page 165, Official Public Records, Brazos County, Texas. Supplemented in Agreement: Dated: January 6, 1997 Recorded: Volume 2751, Page 179, Official Public Records, Brazos County, Texas. Easement: From: A & M Consolidated Independent School District To: Lone Star Gas Company Dated: January 8, 1951 Recorded : Volume 148, Page 479, Deed Records, Brazos Collllty, Texas. (as to that portion out of the 2. 7 acre tract, recorded in Volume 262, Page 107, Deed Records, Brazos County, Texas.) Easement: From: B. F. Vance To: City of Bryan Dated: Aprll 23, 1956 Recorded: Volume 174, Page 167, Deed Records, Brazos County, Texas. (as to tbat portion out of the 102 acre parent tract) Easement: From: To: Dated: Recorded : Easement: From: To: Dated : Recorded: Easement: From: To: Dated: Recorded: Easement: From: To: Dated: Recorded: Easement: From: To : Dated: Recorded: Easement: From: To: Dated : Recorded: Mrs. Voonie Ray Vance Wellborn Water Supply Corporation September 30, 1%8 Volume 273, Page 180, Deed Records, Brazos County, Tex.as . Creek Meadows Partners, L.P. City of College Station March 13, 2007 Volume 7863, Page 79, Official Records, Bruos COIUlty, Texas . Creek Meadows Partners, L.P. City of Collqe Station March 13, 2007 Volume 7863, Page 85, Official Records, Brazos County, Texas. Mrs. Vonnie Ray Vance Wellborn Water Supply Corporation July 30, 1971 Volume 303, Page 371, Deed Records, Brazos Cowity, Texas. Mrs. Vonnie Ray Vance Seminole Pipeline Company December 27, 1981 Volume 508, Page 709, Deed Records, Brazos County, Texas. VRV Partners Wellborn Special Utility District October 8, 1999 Volume 3645, Page 276, Offlclal Public Records, Brazos County, Texas . Easement: From : To: Dated: Recorded: Easement: From: To: Dated: Recorded: Easement: From: To: Dated: Recorded: VRV Partners Wellborn Special Utility District Much3, 1999 Volume 3645, Page 284, Official Public Records, Brazos County, Texas. VRV Partners Wellborn Special Utlllty District Marcll 19, 1999 Volume 3645, Page 286, Official Public Records, Brazos County, Texas. Tobe Rooks City of Bryan March 4, 1944 Volume 2484, Page 316, Ofl1cial Records, Brazos County, Texas. Minerals and/or Royalties: Mineral Deed: By: Vonnie Ray Vance To: Betty V. Goss, B. J. Vance, Jr. and William R. Vance Dated: August 1, 1979 Recorded: Volume 430, Page 385, Deed Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument Mineral Deed: By: Vonnie Ray Vance To: Betty V. Goss, B. J. Vance, Jr. and William R. Vance Dated: January 31, 1980 Recorded: Volume 445 , Page 12, Deed Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument Mineral Deed: By: Vo1tnie Ray Vance To: Betty V. Goss, B. J. Vance, Jr. and William R. Vance Dated : March 12, 1981 Recorded: Volume 476, Page 43, Deed Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument Mineral Deed: By: VRV Partners To: Betty V. Goss, et al Dated: December IS,, 2005 Recorded : Volwne 7190, Page 1, 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: VRV Partners To: Creek Meadows Partners, L.P. Dated: December 15, 2005 Recorded: Volume 7068, Page 220, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument Wai ver of Surface Use: From: Betty Vance Goss, et al To: The Public Dated : August 31, 2000 Recorded: Volume 3927, Page 85, Official Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument (as to that portion out of 102 acres) Oil and Gas Lease, and all tenns, conditions and stipulations therein: Lessor: VRV Partners, a Texas General Partnership, owner of the SUrface Estate and B. F. Vance, Jr., William R. Vance and Betty Vance Goss, each Individually and as a Partner Lessee: WSC Oil & Gas Corporation Dated: January 22, 1992 Record ed: Volume 1427, Page 184, OfJlcial Records, Brazos County, Texas. Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. , -r ---_______ .,_ ---· ... r -"'"·• .............................................. ~wu .. ,, ... ~, """' .L.M.lY UV IVA~puvu t.V MLlG Ul WC:: :S U.UJ~L 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 fo r same. University Title Company .: .. -.. ~-. :.::-:OWNER POLICY OF TITLE INSURANCE _ · -· : .. :, ·· ·~~ '--._. Issued by . OLD REPt.JBLIC NATIONAL TITLE INSURANCE ·COMPANY . - . .. ~·. .. Policy Number TO 118 2 613 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND THE CONDITIONS AND STIPULATIONS, OLD REPUBLIC NATIONAL ffiLE INSURANCE COMPANY. a Minnesota corporation, herein called the Company, insures. as of Date of Policy shown in Schedule A, against loss or damage , not exceeding the Amount or Insurance stated in Schedule A. sustained or incurred by the insured by reason of : 1. Title to the estate or interest described in Schedule A being vested other than as slated the rein ; 2-Any defect in or lien or encumbrance on the title ; 3. Any statulorY or constitutional mechanic's, contractor's, or materialman 's lien for labor or material having its inception on or before Dale of Policy; 4. Lack of a right to access to and from the land ; 5. Lacie of good and indefeasible tiUe . The Company also will pay the costs , attorneys' fees and expenses incurred in defense of the title , as insured . but only to the extent provided in the Conditions and Stipulations. IN WITNESS HEREOF, the OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has caused this policy to be executed by its President under the seal al the Company, but this policy is lo be valid only when ii bears an authorized countersignature . as of the date set forth in Schedule A. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs . attorneys ' fees or expenses which arise by reason of : 1. (a) Any law. ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating , prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location or any improvement now or hereafter erected on the land; (ib) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part ; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records al Dale of Policy . (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ol Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking that has occurred prior to Dale of Policy which would be binding on the rights of a purchaser for value without knowledge . 3. Defects, liens , encumbrances , adverse claims or other matters : (a) created, suffered, assumed or agreed to by the insured claimant ; (b) not known to the Company, not recorded in the public records at Date of Policy. but known to the insured claimant and not disclosed in writing to the company by the insured claimant prior to the date the insured claimant became an insured under this policy ; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (e) resulting in loss or damage that would not have been sustained ii the insured claimant had paid value for the estate or interest insured by this policy. 4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of unmarketability of the title. 5. Any claim which arises out of the transaction vesting in the person named in paragraph 3 of Schedule A the estate or interest insured by this policy , by reason of the operation of federal bankruptcy. state insolvency, or other state or federal creditors ' rights laws that is based on either (0 the transaction creating the estate or interest Insured by this Policy being deemed a fraudulent conveyance or fraudulent transfer or a voidable distribution or voidable dividend . ~ij the subordination or recharacterization of the estate or interest insured by this Policy as a result of the application of the doctrine of equitable subordination or (iii) the transaction creating the estate or interest insured by this Policy being deemed a preferential transfer except where the preferential transfer results from the failure of the Company or its issuing agent to timely file for record the instrument of transfer to the insured alter delive(Y or the failure of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Issued through /he Office of: AGG/ELAND nTLE COMPANY 3740 Copperfield Dr~ Suite 101/Bryan, Texas 77802 P.O. Box 4233/Bryan, Texas 77805 Phone: (979) 731"400 •Fax: (979) 731-8408 ... : %_ ·: OLD REPUBLIC TITLE . . ... ~!u!~ FORM T-1 : OWNER POllCY (EffECTIVE 4/02) OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612)371 -1111 •.. ' : , ... ·.;·~~- By PresKJenl Altes/ :' . b:s;t-LJ4 Secrelaly CONDmONS AND STIPULATIONS 1. Definition of Terms . The following terms when used in this policy mean : ~a) "insured ": the insured named in Schedule A. and. subject to ?nY nghts or defenses the Company would have had against the named insure~. those who s~c~eed . to the interest of the named insured by ~p~ratron of l~w a~ d1~tmgu1shed from purchase includ ing, but not hm 1ted to. ~errs, d1stn bu!ees . devisees, survivors. personal representatives . next ~f. km . or ~orpor~te! ~rtnership or fiduciary successors . and spec1frcally, .,_v1t~out lrm1tat1on , the following: (Q . lhe ~u~~ors m m\eresl to~ corporation , limited liability company or hm1ted.1ta~1h~ partnership resullrng from merger or consolidation or conversmn o~ ~ d1~tn~~t1on of the ~els of the corporation or limiled liability company or .1!m1ted hab1l1ty partne~sh!P upon partial or complete liquidation: . (11) ~h~ suc~es~~rs m interest to a general or limited pa~ners.h1p or hm1ted hab1hty company or limited liability partnership which dissolves but does not terminate; . (iii) the successors i~ interest to a general or limited Ra~nersh1p resul!mg from the distribution of the assets of the general or hm1ted part_nersh1p upon partial or complete liquidation ; . . . (1v) the successor~ i~ interest to a joint venture resulting from the d1stnbulton of the assets of the 1omt venture upon partial or complete liquidation- (v) the successor or substitute trustee(s) of a trustee named ' in a written trust instrument; or . . . {vi) the successors in interest to a trustee or trust resulting from the d1stnbut1on of all or part of the assets of the trust to the beneficiaries thereof. {b) "insured claimant": an insured claiming loss or damage . (c) "knowledge" or "known": actual knowledge , not constructive kno~ledge or notice that may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land . (d) "land": the land described or referred to in Schedule A and improvements affixed thereto that by law constitute real property. 'The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right title, interest, estate or easement in a~utting streets, roads, avenues, alleys, lanes, ways or wateiways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. . (e) "mortgage": mortgage, deed of trust. trust deed, or other security instrument (n "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge . With respect to Section 1(a) (iv) of the Exclusions From Coverage, "public records" also shall include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is ·located . {g) "access": legal right of access to the land and not the physical condition of acc.ess . The coverage provided as to access does not assure the adequacy of access for the use intended . 2. Continua/ion of Insurance After Conveyance of Title. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (ij an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured . 3. Notice of Claim to be Given by Insured C/aimanl The insured shall notify the Company promptly in writing (ij in case of any litigation as set forth in Section 4(a) below. or (iij in case knowledge shall come to an insured hereunder of any claim of title or interest that is adverse to the title to the estate or interest. as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy . H prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required ; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. . When, ~tier the .date of the policy, the insured notifies the Company as required herein or a hen. encumbrance, adverse claim or other defect in title to the estate or interest in the land insured by this policy that Is not excluded ~r ex~epted from the coverage of this policy, the Company shall promptly investigate the charge to determine whether the lien , encumbrance adverse clai.m or d.efecl is .valid . ~nd no.I ~arred by law or statute. The Co~pany shall notify the insured in wnhng, within a reasonable time, of tts determination as to the validity or invalidity of the insured's claim or charge under the policy . tt the Company concludes that the lien , encumbrance adverse claim or defect is not covered by this policy, or was otherwise' addressed in the closing of the transaction in connection with which this policy was issued the Company shaU speciflCally advise the insured or the reasons for its ' determination . If the Company concludes that the lien. encumbrance adverse cl~m ~r defect is valid, the Company shan take one of the following actions : (1) !nst1tute the necessary proceedings to clear the lien, encumbrance, adverse ~laim or defect from the title to the estate as insured; Qij indemnify the insured as provided in. this policy; (iii) upon payment of appropriate premium and charges therefor, issue to the insured claimant or to a subsequent owner, .mortgag~ or h~lder. of the estate or interest in the land ins1Ked by this policy, a policy of till~ insurance without exception for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the property or, if a mortgagee policy, the amount of the loan; Qv) indemnify another title Insurance company in connection with its is~uance of a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document discharging. the lie~. encumbrance, adverse claim or defect; or (vQ undertake a combination of (1) through (v) herein. 4. Defense and Prosecution of Actions: Duty of Insured Claimant to Cooperate . !a) ~pon w!ilten request by the insured and subject to the options ~ontained in Section 6 of these Conditions and Stipulations. the Company, at its own . cost and without unreasonab le delay , shall provide for the defense ol an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action afle.ging a defect. lien or encumbrance or other matter in.sured against by this policy . The Company shall have the right to select counsel of tts choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those sta ted causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Comp~ny shall have lfJe right , at its own cost to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the title to the estate or interest as insured. or to prevent or reduce loss or damage to tne insured . The ' Company may ~ke any appropriate action under the terms of this policy, whether or not it shall be Bable hereunder. and shall not thereby concede liability or waive any provision of this policy. tt the Company shall exercise its rights under this paragraph, it shall do so diligently . (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this poHcy, the Company may pursue any litigation to final determination by a court ol competent jurisdiction and expressly reserves the right, in its sole discretion , to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein , and permit the Company to use, at its option. the name of the insured for this purpose . Whenever requested by the Company, the insured, at th~ Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence. obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement. and (ii) in any other lawful act that in the opinion of the Company may be necessary or disirable to establish the title to the estate or interest as insured . If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation . (Continued on inside back cover) .5. Proof of Loss or Damage. In addition to and after the notices reQuired under Section 3 of these Conditions and Stipulations have been provided the Company , a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to Ille Company within 91 days after the insured claimant shall ascertain the facts giving rise to the loss or damage . The proof of loss or damage shall descr ibe the defecl in , or lien or encumbrance on the title, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state. to the extent possible, the basis of calculating the amount of the loss or damage . tt the Company is prejudiced by the faiiu·e of the insured claimant to provide the reQuired JYOOf of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend. prosecute. or continue any litigation. with regard to the matter or matters reQuiring such proof of loss or damage . In addition, the insured claimant may reasonably be reQu ired to submit to examination under oath by any authorized representative of the Company and shall produce for examination. inspection and copying, at such reasonable limes and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks , correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage . Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records. books, ledgers. checks. correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage . All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless. in the reasonable judgment of the Company, it is necessary in the administration of the claim . Failure of the insured claimant to submit for exam ination under oath , produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim . 6. Options to Pay or Othe1Wise Seme Claims: Tennination of liability. In case of a claim under this policy, the Company shall have the following additional options : (a) To Pay or Tender Payment of the Amount of Insurance . To pay or tender payment of the amount of insurance under this policy , together with any costs , attorneys' fees and expenses incurred by the insured claimanl which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay . Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required. shall terminate , including any liability or obligation to defend , prosecute , or continue any litigation, and the policy shall be surrendered to the Company for cancellation . (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. 0) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy. together with any costs, attorneys ' fees and expenses incurred by the insured claimant. which were authorized by the Company up to the time of payment and which the Company is obligated to pay ; or (iij to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs. attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company up to the lime of payment and which the Company is obligated to pay . Upon the exerc ise by the Company of either of the options provided for in paragraphs (b) (ij or (ii), the Company 's obligations to the insured under this policy for the claimed loss or damage, other than the payments requ ired to be made, shall terminate. including any liability or obligation to defend, prosecute or continue any litigation . 7. Determination, Extent of liability and Coinsurance. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described . (a) i:he liability of the Company under this policy shall not exceed the least of: OJ the Amount of Insurance stated in Schedule A; or Oil the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien ·or encumbrance insured against by this policy at the date the insured claimant is required to furnish to Company a proof of loss or damage in accordance with Section 5 of these Conditions and Stipulations . (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value ol the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A. then this Policy is subject to the following : Ol where no subsequent improvement has been made, as to any partial loss . the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or · interest at Date of Policy; or (iij where a subsequent improvement has been made. as to any partial loss. the Company shall only pay the loss pro rata in the proportion that 120 percent ol the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate. 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs. attorneys ' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations . 8. Apporoonment. If the land described in Schedule A consists of two or more parcels that are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole. exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy . 9. Limitation of Liability. (a) H the Company establishes the title, or removes the alleged defect. lien or encumbrance, or cures the lack of a right of access to or from the land, all as insured, or takes action in accordance with Section 3 or Section 6, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom. it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent the Company shall have no liability for loss or damage until there has been a ii11al determination by a court of competent jurisdiction. and disposition of all appeals therefrom. adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for fiability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Compariy . 10. Reduction of Insurance: Reduction or Tennination of liability. All payments under this policy , except payments made for costs. attorneys ' fees and expenses, shall reduce the amount of the insurance pro tanto . 11 . Liability Noncumulative . II is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Sclledule B or to which the insured has agreed, assumed , or taken subject or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under Ills J)Olicy to the insUred owner. {Continued on back cover) .,.~. ;• ....... . • 1. f 12. Payment of Loss. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed , in which case proof of loss or destruction shall be furnished to the satisfaction of the Company . (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations , the loss or damage shall be payable within 30 days thereafter. 13. Subrogation Upon Payment or Settlemenl (a) The Company's Right of Subrogation . Whenever the Company shall have settled and paid a claim under this policy , all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated lo and be entitled to all rights and remedies that the insured claimant would have had against any person or property in respect to the claim had this policy not been issued . If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect th is right of subrogation . The insured claimant shall permit the Company to sue . compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies . If a payment on account of a claim does not fully cover the loss of the insured claimant . the Company shall be subrogated to these rights and remedies in the proportion that the Company's payment bears to the whole amou nt of the loss . If loss should result from any act of the insured claimant , as stated above , that act shall not void this policy , but the Company, in that event. shall be required to pay only that part of any losses insured against by this policy that shall exceed the amount , tt any, lost to the Company by reason of th e impairment by the insured claimant of the Company 's right of · subrogation . (b) The Company's Rights Against Non -Insured Obligors. The Company's right of subrogation against non -insured obligors shall exist and shall include. without limitation , the rights of the insured lo indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments that provide for subrogation rights by reason of this policy . 14. Arbitration. Unless prohibited by applicable law or unless this arbitration section is deleted by specific provision in Schedule B of this policy , either the Company or the insured may demand arbitration pursuant to the Title Arbitration Rules or the American t\rbitration Association . Arbitrable matters may include , but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating lo this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation . All arbitrable matters when the Amount of Insurance is $1,000 ,000 or less SHALL BE arbitrated at the request of either the Company or the Insured, unless the insured is an individual person (as distinguished from a corporation, trust. partnership , association or other legal entity). All arbitrabte matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Insured . Arbitration pursuant lo this policy and under the Rules in effect on the dale the demand for arbitration is made or. at the option of the insured , the Rules in effect at Dale of Policy shall be binding upon the parties. The award may include attorneys· lees only tt the laws of the state in which the land is located permit a court to award attorneys· lees to a prevailing party . Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules . A copy of the Rules may be obtained from the Company upon request. 15. Liability Limited to This Policy: Policy Entire Contract. (a) This policy together with all endorsements, ii any, attached hereto by the Company is the entire policy and contract between the insured and the Company . In interpreting any provision of this policy, th is policy shall be construed as a whole . (b) Any claim of loss or damage, whether or not based on negligence . and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President. a Vice President, the Secretary , an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. Sevelability. In the event any provision ol the pol icy is held invalid or unenforceable under applicable law. the policy shall be deemed not to include that provision . and all other provisions shall remain in full force and effec t. 17. Notices. Where Sent. Al l notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at: Home Office : 400 Second Avenue South . Minneapolis. Minnesota 55401. COMPLAINT NOTICE . Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to the Company that issued the policy. If the problem is not resolved , you also may write the Texas Department of Insurance, P.O. Box 149104, Austin, TX 78714-9104 , Fax No . (512) 305-7426 or call toll-fre e at 1-800-252-3439. This notice of complaint procedure is for information only and does not become a part or condition of this policy. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY may be contacted toll-free at 1-888-678-1700 for information concerning this policy or to submit a policyholder complaint. FOR INFORMATION, OR TO MAKE A COMPLAINT, CALL: 1-888-678-1700 · ;·,:: S~H;~'.';· f ;5;~fr ~;J;i~~:Jt> f ft :l.·:;J; .. :';,'~ \:; ?;/); /./~~;~/ · · ,~ ·, i .·> , _ '. ·-·~ I~ • .'. •: r·; ... ,,·, -.' -' , ' .......... -~ -· i , •.. .• .. • I • '! , . ••• .,,. ... ... -........... #"'"" OWNER POLICY OF TITLE INSURANCE SCHEDULE A G.F . No . 21282 Poli cy No . TO 1182613 Amount of Insurance: $3,403,842.00 Premium : $16 ,728.00 Date of Poli cy: December 19, 2005, 10:22 am I. Name of Insured : Creek Meadows Partners, L.P. 2. The estate or interest in the land that is co vered by this policy is : Fee Simple 3 . Titl e to the estate or interest in the land is insured as vested in : Creek Meadows Partners, L.P. 4 . The land referred to in this policy is des cn"bed as follows: Tract One: All that certain tract or parcel of land, lying and being situated in the SAMUEL DAVIDSON LEAGUE, Abstract No. 13 in Brazos County, Texas, and being a portion of a called 262.55 acre tract described as seven tracts by an Estate Deed from Betty V. Goss, B. F. Vance, Jr. and William R. Vance to VRV partners, recorded in Volume 1175, page 653 of the Official Records of Brazos County, Texas (O.R.B.C.); all of a called 1 acre tract described by a Quitclaim Deed from L. G. Jones to Vonnie Ray Vance recorded in Volume 509, page 786 of the Deed Records of Brazos County, Texas, (B.C.D.R.); a portion of a called 102.00 acre tract described by a Gift Deed from Vonnie Ray Vance to Betty V. Goss, B. F . Vance, Jr. and William R. Vance, Trustees of the VRV Trust, recorded in Volume 1020, page 325 (O.R.B.C.); a portion of a called 1 acre tract described by a Deed from Gus Roy and wife, Hattie Roy to B. F. Vance, recorded in Volume 163, page 69 (B.C.D.R.); and all of a called 2-3/5 acre tract described by a Deed from William H. Phelps and Rela May Rayon and husband Chester Rayon, to B. F. Vance, recorded in Volume 177, page 309 (B.C.D.R.) and being more particularly described by metes and bounds as follows: BEGINNING at a 3/8-inch iron rod found bent marking the wet corner of Lot 8, Wellborn Oaks, according to the plat recorded in Volume 345, Page 635 (B.C.D.R.), said iron rod being in the northeast line of said 1 acre tract (163/69) and in the southeast right-of-way line of Greens Prairie Road (a county maintained road); THENCE along the common line of Wellborn Oaks and said 1 acre tract (163/69) and said 262.55 acre tract for the following five (5) calls: 1) S 49° 13' 20" E for a distance of 411.68 feet to a 3/8-inch iron rod found marking the west corner of Lot 9, Wellborn Oaks, 2) S 49° 02' 18" E for a distance of 392.33 feet to a 3/8-inch iron rod found marking the west corner of Lot 10 , Wellborn Oaks, 3) S 48° 48' 30" E for a distance of 983.70 feet to a 3/8-inch iron rod found marking the west corner of Lot 12, Wellborn Oaks, 4) S 48° 30' 49" E for a distance of 488.99 feet to a 3/8-inch iron rod found marking the west corner of Lot 13, Wellborn Oaks and 5) S 48° 09' 51 " E for a distance of 388.51 feet to a 5/8-inch iron rod found for corner in the west right of way line of Greens Prairie Trail (based on a 100-foot width); THENCE through the said 262.55 acre tract and said 102.00 acre tract and along the west line of Greens Prairie Trail for the following five (5) calls: Old Republic National Title Insurance Company Page I Continuation of Schedule A Policy No . TO 1182613 1) 819.86 feet in a counter-clockwise direction along the arc of a curve having a central angle of 46° 30' 34", a radius of 1010.00 feet, a tangent of 434.03 feet and a long chord bearing S 18° 31' 56" W at a distance of 797.54 feet to a 1/2-inch iron rod set for the Point of Tangency, 2) S 04° 43' 21" E for a distance of 1452.01 feet to a 1/2-inch iron rod set for the Point of Curvature of a curve to the right, 3) 743.74 feet along the arc of said curve having a central angle of 47° 05' 23 ", a radius of 904.93 feet, a tangent of394.32 feet and a long chord bearing S 18° 49' 20" Wat a distance of722.98 feet to a 1/2-inch iron rod set for the Point of Tangency, 4) S 42° 22' 02" W for a distance of 194.62 feet to a 112-inch iron rod set for the POint of Curvature of a curve to the right and 5) 1.40 feet along the arc of said curve having a central angle of 2° 17' 25", a radius of 35.00 feet, a tangent of 0.70 feet and a long chord bearing S 43° 30' 45" Wat a distance of 1.40 feet to a fence corner marking the intersection of the fenced northeast margin ofRoyder Road (a varying width prescriptive right-of-way) THENCE along the fenced northeast margin of Royder Road for the following thirteen (13) calls: 1) N 67° 00' 21" W for a distance of 118.80 feet, 2) N 46° 37' 47" W for a distance of 49.98 feet, 3) N 38° 43' 42" W for a distance of 374.45 feet, 4) N 39° 09' 45" W for a distance of66.70 feet , 5) N 41° 19' 26" W for a distance of185.58 feet, 6) N 26° 07' 30" W for a distance of24.96 feet, 7) N 73° 21' 29" W for a distance of18.67 feet, 8) N 75° 19' 02" W for a distance of 19.44 feet to a 36" Post Oak, 9) N 47° 29' 47" W for a distance of 611.80 feet, 10) N 47° 58' 01" W for a distance of 385.49 feet, 11) N 49° 00' 00" W for a distance of97.04 feet to a 24" Post Oak, 12) N 47° 23' 35" W for a distance of 655.50 feet and 13) N 39° 13' 11" W for a distance of 10.56 feet to a set 1/2-inch iron rod in the common line of the said 262.55 acre trace and the called 2-3/5 acre tract described as tract two in a release of lien to Johnny Wilborn and wife , Viola Wilborn, recorded in Volume 74, page 95 of the Release Records of Brazos County, Texas. THENCE N 42° 26' 14" E along an interior northwest line of said 262.55 acre tract for a distance of 407.75 feet to a 5/8-inch iron rod set for the east corner of a called 1 acre tract described by a deed to Johnny Wilborn and wife, Viola Wilborn, recorded in Volume 113, page 361 (B.C.D.R.), and the south corner of the beforementioned Vance 2- 3/5 acre tract; THENCE N 47° 33' 46" W along the southwest line of said Vance 2-3/5 acre tract for a distance of 555.00 feet to a 5/8-inch iron rod set for the north corner of a called 1-3/5 acre tract described by a deed to A. D. Tolbert, recorded in Volume 1012, page 621 (B.C.D.R.) and the south corner of a called 9 acre tract as described by a deed to Edsel G . Jones, recorded in Volume 203, Page 155 (B.C.D.R.); THENCE N 42° 26' 14" E along tlte southeast line of said 9 acre tract for a distance of 630.00 feet to a rock found marking the east corner of said 9 acre tract and an interior west corner of said 262.55 acre tract; THENCE N 47° 33' 46" W along the common line of said 9 acre tract and said 262.55 acre tract for a distance of 630.00 feet to a 5/8-incb iron rod in the southeast line of the beforementioned Vance 1 acre tract marking the north corner of said 9 acre tract; THENCE S 42° 26' 14" W along the northwest line of said 9 acre tract for a distance of 117.33 feet to a 5/8-inch iron rod set for the south corner of a called 1 acre tract as described by a deed to Tommie Townsend and wife, Lessiebell Townsend, recorded in Volume 94, page 404 (B.C.D.R.); Old Republic National Title Insurance Company Page2 GF Number: 00083764 Effective Date: August 24, 2008 Examiner: NBD STATE OF TEXAS COUNTY OF BRAZOS NOTHING FURTHER CERTIFICATE THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they are reflected in the geographically indexed title plant of University Title Company as to the following property, to- wit: Being all tbat tract of land in Brazos County, Texas, out of the Samuel Davidson League, A-13 Survey and a part of the Jesse Bledsoe Survey, A-71, and being part of that Fu-st Tract of200 acres described In a Deed to B. F. Vance recorded in Volume 142, Page 273 of the Deed Records or Brazos County, Texas, and being further described as follows: BEGINNING at a 518" steel rod found at the intersection of the Southeast line or said 200 acres with the Northeast line of Royder Road; THENCE along Royder Road as follows: North 49 degrees 54 minutes 12 seconds West, 162-76 feet to a 518 inch steel rod found; North 53 degrees 19 minutes 39 seconds West, 231.81 feet to a 518 inch steel rod found; North S4 degrees 27 minutes 00 secoods West, 149.54 feet to a 5/8 inch steel rod found; North St degrees S9 minutes 03 seconds West, 261. 7S feet to a S/8 Inch steel rod found; THENCE Northwesterly, S7.64 feet along a curve to the right in a transition to the Easterly right of way or Greens Prairie Trail (100' R-0.W.) having a radius of 35.00 feet and a central angle of 94 degrees 21 minutes OS seconds (Chord bean North 04 degrees 48 minutes 31 seconds West, 51.34 feet) to a S/8 Inch steel rod found at the point of tangency; THENCE along Greens Prairie Trail as follows: North 42 degrees 22 minutes 02 seconds East, 182.80 feet to a S/8 Inch steel rod found at a point of curve; Northeasterly, 825.92 feet along a curve to the left having a radius or 1004.93 feet and a central angle or 47 degrees 05 minutes 23 seconds {Chord bears North 18 degrees 49 minutes 20 seconds East, 802.87 feet) to a 5/8 inch steel rod found at the point of tangency; North 04 degrees 43 minutes 21 seconds West, 1452-01 feet to a S/8 Inch steel rod at a point of cur-ve; Northeasterly, 739.93 feet aloog a curve to the right having a radius or 910.00 feet and a central angle of 46 degrees JS minutes 15 seconds (Chord bean North 18 degrees 34 minutes 16 seconds East, 719.71 feet) to a point on the Northeast line of said 200 acres, being also on the Southwest line of Lot 10, Woodlake Subdivision, Section 1 recorded in Volume 410, Page 417 of the Deed Records or Brazos County, Texas, a 1/2 inch steel rod found bearing South 48 dear'ffS 47 minutes 53 seconds East, 1.44 feet for witness; THENCE South 48 degrees 47 minutes SJ seconds East, 339.63 feet to a 112 inch pipe found at the South comer of said Lot 10; THENCE South 48 degrees 28 minutes 25 seconds East, 411. 75 feet to a 112 inch steel rod found at the South comer of Lot 14 of said Woodlake Subdivision; THENCE South 49 degrees 07 minutes 32 seconds East, 430.Jl feet to a 112 Inch steel rod found at the South comer of Lot 15 of said Woodlake Subdivision; THENCE South 49 degrees 00 mioutes 25 seconds East, SS4.20 feet to a Ill inch pipe found at the South comer of Lot 32 of said Woodlake Subdivision; THENCE South 48 degrees 41 minutes 19 seconds East, 621.03 feet to a Ill inch steel rod found at the South corner of Lot 35A of said Woodlake Subdivision; THENCE South 48 degrees OJ minutes 04 seconds East, 159.58 feet to a 518 inch steel rod found for the East corner of said 200 acres; Bill To : Raybon Metcalf Buyer: Creek Meadows Partners LP Seller: Property Address: Greens Prairie Road W College Station, TX University Title Company 1021 University Drive East College Station,Tx 77840 Ph : (979) 260-9818 Fax: (979) 268-3080 Description INVOICE 00005913 Date: 09-10-2008 Our Number: 00083764 Your Number: I Amount I Nothing Further Certificate $109.00 Tax $8.99 . ' Total Invoice Amount $117.99 THENCE South 42 deerees 23 minutes 18 seconds West (Bearing Basis), 2583.86 feet to the Point of Beginning, containing 96.002 acres of land. NOTE: The Company Is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description or 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. and that our records reflect that the following is a true and correct list of docwnents affecting title to the real property described supra between the dates of December 21, 2007 and August 24, 2008: Deed of Trust to secure a Note: Grant or. Trustee: Beneficiary: Amount: Dated: Recorded: Extension : Creek Meadows Partners, L.P. Timothy C. Jones First Victoria National Bank Sl,214,487.00 December 21, 2007 Volume 8398, Page 70, Offlcial Records, Brazos County, Texas. Dated: December 15, 2007 Recorded: Volume 8398, Page 97, Official Records, Brazos County, Texas; corrected and re-recorded in Volume 8438, Page 175, Official Records, Brazos County, Texas. (Extends Deed of Trust recorded In Volume 7796, Page 94, Official Records, Brazos County, Texas.) Extension: Dated: December 15, 2007 Recorded: Volume 8398, Page 109, Official Records, Brazos County, Texas; corrected and re-recorded in Volume 8438, Page 186, Official Records, Brazos County, Texas. (Extends Deed of Trust recorded In Volume 7068, Pa&e 227, Offlclal Records, Brazos County, Texas.) This certificate is issued with the express understanding. evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same . We have not made any examination as to property taxes, tax suits, special assessments or conflicts. University Title Company By :~ ~ (rdf) GF No.: 142729 Examiner: Steven Van Buren Effective Date: June 1, 2014 STATE OF TEXAS COUNTY OF BRAZOS NOTHING FURTHER CERTIFICATE THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they are reflected in the geographically indexed title plant of University Title Company as to the following property, to-wit: Being all that tract of land in Brazos County, Texas, out of the Samuel Davidson League, A-13 Survey and a part of the Jesse Bledsoe Survey, A-71, and being part of that First Tract of 2QO acres described in a Deed to B. F. Vance recorded in Volume 142, Page 273 of the Deed Records of Brazos County, Texas, and being further described as ·follows: BEGINNING at a 5/8" steel rod found at the intersection of the Southeast line of said 200 acres with the Northeast line ofRoyder Road; THENCE along Royder Road as follows: North 49 degrees 54 minutes 12 seconds West, 162.76 feet to a 5/8 inch steel rod found; North 53 degrees 19 minutes 39 seconds West, 231.81 feet to a 5/8 inch steel rod found; North 54 degrees 27 minutes 00 seconds West, 149.54 feet to a 5/8 inch steel rod found; North 51degrees59 minutes 03 seconds West, 261.75 feet to a 5/8 inch steel rod found; THENCE Northwesterly, 57.64 feet along a curve to the right in a transition to the Easterly right of way of Greens Prairie Trail (100' R.O.W.) having a radius of 35.00 feet and a central angle of 94 degrees 21 minutes 05 seconds (Chord bears North 04 degrees 48 minutes 31 seconds West, 51.34 feet) to a 5/8 inch steel rod found at the point of tangency; THENCE along Greens Prairie Trail as follows: North 42 degrees 22 minutes 02 seconds East, 182.80 feet to a 5/8 inch steel rod found at a point of curve; Northeasterly, 825.92 feet along a curve to the left having a radius of 1004.93 feet and a central angle of 47 degrees 05 minutes 23 seconds (Chord bears North 18 degrees 49 minutes 20 seconds East, 802.87 feet) to a 5/8 inch steel rod found at the point of tangency; To: RME Consul ting Engineers 3800 SH No. 6, Suite 108G College Station, TX 77845 Documents Please Remit To : University Title Company 1021 University Drive East College Station, TX 77840 979 .260.9818 INVOICE From: Invoice#: 1649 Invoice Date: 6/12/2014 File Number: 142729 University Title Company 1021 University Drive East College Station, TX 77840 979.260.9818 Thank you! 0 Subtotal Tax@S.25 % Non Taxable Amt. Grand Total $100.00 $8.25 $0.00 $108 .25 North 04 degrees 43 minutes 21 seconds West, 1452.01 feet to a 5/8 inch steel rod at a point of curve; Northeasterly, 739.93 feet along a curve to the right having a radius of 910.00 feet and a central angle of 46 degrees 35 minutes 15 seconds (Chord bears North 18 degrees 34 minutes 16 seconds East, 719. 71 feet) to a point on the Northeast line of said 200 acres, being also on the Southwest line of Lot 10, Woodlake Subdivision, Section 1 recorded in Volume 410, Page 417 of the Deed Records of Brazos County, Texas, a 1/2 inch steel rod found bearing South 48 degrees 47 minutes 53 seconds East, 1.44 feet for witness; THENCE South 48 degrees 47 minutes 53 seconds East, 339.63 feet to a 112 inch pipe found at the South corner of said Lot 10; THENCE South 48 degrees 28 minutes 25 seconds East, 411. 75 feet to a 1/2 inch steel rod found at the South corner of Lot 14 of said Woodlake Subdivision; THENCE South 49 degrees 07 minutes 32 seconds East, 430.31 feet to a 1/2 inch steel rod found at the South corner of Lot 15 of said Woodlake Subdivision; THENCE South 49 degrees 00 minutes 25 seconds East, 554.20 feet to a 112 inch pipe found at the South corner of Lot 32 of said Woodlake Subdivision; THENCE South 48 degrees 41 minutes 19 seconds East, 621.03 feet to a 1/2 inch steel rod found at the South comer of Lot 35A of said Woodlake Subdivision; THENCE South 48 degrees 03 minutes 04 seconds East, 159.58 feet to a 5/8 inch steel rod found for the East comer of said 200 acres; THENCE South 42 degrees 23 minutes 18 seconds West (Bearing Basis), 2583.86 feet to the POINT OF BEGINNING, containing 96.002 acres of land. 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. And that our records reflect that the following is a true and correct list of documents affecting titl e to the real property described supra between the dates of January 20, 2014 and June 1, 2014 : None of Record This certificate is issued with the express widerstanding, evidenced by the acceptance of same that the widersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly widerstood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is widerstood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. University Title Company By:~ GFNo.: 140438 Examiner: Angela Bankston Effective Date: January 20, 2014 NOTHING FURTHER CERTIFICATE STATE OF TEXAS COUNTY OF BRAZOS THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they are reflected in the geographically indexed title plant of University Title Company as to the following property, to-wit: Being all that tract of land in Brazos County, Texas, out of the Samuel Davidson League, A-13 Survey and a part of the Jesse Bledsoe Survey, A-71, and being part of that First Tract of200 acres described in a Deed to B. F. Vance recorded in Volume 142, Page 273 of the Deed Records of Brazos County, Texas, and being further described as follows: BEGINNING at a 5/8" steel rod found at the intersection of the Southeast line of said 200 acres with the Northeast line of Royder Road; THENCE along Royder Road as follows: North 49 degrees 54 minutes 12 seconds West, 162.76 feet to a 5/8 inch steel rod found; North 53 degrees 19 minutes 39 seconds West, 231.81 feet to a 5/8 inch steel rod found; North 54 degrees 27 minutes 00 seconds West, 149.54 feet to a 5/8 inch steel rod found; North 51 degrees 59 minutes 03 seconds West, 261.75 feet to a 5/8 inch steel rod found; THENCE Northwesterly, 57.64 feet along a curve to the right in a transition to the Easterly right of way of Greens Prairie Trail (100' R.O.W.) having a radius of 35.00 feet and a . central angle of94 degrees 21minutes05 seconds (Chord bears North 04 degrees 48 minutes 31 seconds West, 51.34 feet) to a 5/8 inch steel rod found at the point of tangency; THENCE along Greens Prairie Trail as follows: North 42 degrees 22 minutes 02 seconds East, 182.80 feet to a 5/8 inch steel rod found at a point of curve; Northeasterly, 825.92 feet along a curve to the left having a radius of 1004.93 feet and a central angle of 47 degrees 05 minutes 23 seconds (Chord bears North 18 degrees 49 minutes 20 seconds East, 802.87 feet) to a 5/8 inch steel rod found at the point of tangency; - - -________________ __J North 04 degrees 43 minutes 21 seconds West, 1452.01 feet to a 5/8 inch steel rod at a point of curve; Northeasterly, 739.93 feet along a curve to the right having a radius of 910.00 feet and a central angle of 46 degrees 35 minutes 15 seconds (Chord bears North 18 degrees 34 minutes 16 seconds East, 719. 71 feet) to a point on the Northeast line of said 200 acres, being also on the Southwest line of Lot 10, Woodlake Subdivision, Section 1 recorded in Volume 410, Page 417 of the Deed Records of Brazos County, Texas, a 112 inch steel rod found bearing South 48 degrees 47 minutes 53 seconds East, 1.44 feet for witness; THENCE South 48 degrees 47 minutes 53 seconds East, 339.63 feet to a 112 inch pipe found at the South corner of said Lot 10; THENCE South 48 degrees 28 minutes 25 seconds East, 411.75 feet to a 112 inch steel rod found at the South corner of Lot 14 of said Woodlake Subdivision; THENCE South 49 degrees 07 minutes 32 seconds East, 430.31 feet to a 1/2 inch steel rod found at the South corner of Lot 15 of said Woodlake Subdivision; THENCE South 49 degrees 00 minutes 25 seconds East, 554.20 feet to a 112 inch pipe found at the South corner of Lot 32 of said Woodlake Subdivision; THENCE South 48 degrees 41 minutes 19 seconds East, 621.03 feet to a 112 inch steel rod found at the South corner of Lot 35A of said Woodlake Subdivision; THENCE South 48 degrees 03 minutes 04 seconds East, 159.58 feet to a 5/8 inch steel rod found for the East corner of said 200 acres; THENCE South 42 degrees 23 minutes 18 seconds West (Bearing Basis), 2583.86 feet to the POINT OF BEGINNING, containing 96.002 acres of land. 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. And that our re cords reflect that the following is a true and correct list of documents affecting title to the real property de scribed supra between the dates of August 24, 2008and January20, 2014: Easement: From: Creek Meadows Partners, L.P. To: The City of College Station Dated: October 22, 2008 Recorded: Volume 8860, Page 83, Official Records, Brazos County, Texas. Extension: Dated: January 23, 2009 Recorded: Volume 8972, Page 192, Official Records, Brazos County; Texas. (Modifies & Extends Deed of Trust recorded in Volume 7796, Page 110, Official Records, Brazos County, Texas.) Extension: Dated: January 15, 2010 Recorded: Volume 9479, Page 235, Official Records, Brazos County, Texas. (Modifies & Extends Deed of Trust recorded in Volume 7068, Page 227, Official Records, Brazos County, Texas.) Extension: Dated: January 15, 2010 Recorded: Volume 9480, Page 134, Official Records, Brazos County, Texas. (Modifies & Extends Deed of Trust recorded in Volume 7796, Page 110, Official Records, Brazos County, Texas.) Extension: Dated: January 15, 2010 Recorded: Volume 9480, Page 145, Official Records, Brazos County, Texas. (Modifies & Extends Deed of Trust recorded in Volume 8398, Page 70, Official Records, Brazos County, Texas.) Extension: Dated: July 15, 2011 Recorded: Volume 10330, Page 88, Official Records, Brazos County, Texas. (Modifies & Extends Deed of Trust recorded in Volume 8398, Page 70, Official Records, Brazos County, Texas.) Extension: Dated: July 15, 2011 Recorded: Volume 10330, Page 247, Official Records, Brazos County, Texas. (Modifies & Extends Deed of Trust recorded in Volume 7068, Page 227, Official Records, Brazos County, Texas.) Extension: Dated: October 15, 2012 Recorded: Volume 11121, Page 204, Official Records, Brazos County, Texas. (Modifies & Extends Deed of Trust recorded in Volume 7796, Page 110, Official Records, Brazos County, Texas.) Deed of Trust to secure a Note: Grantor: Creek Meadows Partners, L.P. Trustee: Timothy C. Jones Beneficiary: First Victoria National Bank Amount: $227,000.00 Dated: September 25, 2013 Recorded: Volume 11637, Page 207, Official Records, Brazos County, Texas. Extension: Dated: July 15, 2013 Recorded: Volume 11643, Page 45, Official Records, Brazos County, Texas. (Modifies & Extends Deed of Trust recorded in Volume 8398, Page 70, Official Records, Brazos County, Texas.) · Extension: Dated: July 15, 2013 Recorded: Volume 11645, Page 1, Official Records, Brazos County, Texas. (Modifies & Extends Deed of Trust recorded in Volume 7068, Page 227, Official Records, Brazos County, Texas.) This certificate is issued w ith the express understanding , evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above , but is simply reporting briefly herein as to the instruments listed above found ofrecord pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. University Title Company GF Number: 00090644 Effective Date: January 27, 2009 ST ATE OF TEXAS COUNTY OF BRAZOS NOTHING FURTHER CERTIFICATE THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos Courty, Texas as they are reflected in the geographically indexed title plant ofUniversity Title Company as to the following property, ta wit: Being all that tract of land in Brazos County, Texas, out of the Samuel Davidson League, A-13 Survey and a part of the Jesse Bledsoe Survey, A-71, consisting of the following tracts recorded in the Deed Records of Brazos County, Texas: Part of that called First Tract of200 acres described in a Deed to B. F. Vance recorded in Volume 142, Page 273, all of that called Second Tract of 50.6 acres described in said Volume 142, Page 273, all of that called 2.6 acres described in Volume 177, Page 309, all of that called 6 acres described in Volume 152, Page 234, that 1 acre described in Volume 210, Page 148, that 1.25 acres described in Volume 187, Page 522, that l acre described in Volume 282, Page 601, part of that 1 acre described in Volume 509, Page 786, that 2.7 acres described In Volume 262, Page 107, all of that tract described in Volume 163, Page 69, part of that 102.0 acres described In a Deed to Betty V. Goss, B. F. Vance, Jr. and William R. Vance, Trustees of the VRV Trust recorded in Volume 1020, Page 325 of the Deed Records of Brazos County, Texas, and being further described as follows: BEGINNING at a 518" steel rod found in Royder Road, being the West corner of said 200 acres; THENCE North 42 degrees 26 minutes 14 seconds East, 420.00 feet to a 5/8 inch steel rod found for corner; THENCE North 47 degrees 33 minutes 18 seconds West, 555.34 feet to a 5/8 inch steel rod found for corner; THENCE North 42 degrees 30 minutes 52 seconds East, 629.86 feet to a rock found for corner; THENCE North 47 degrees 33 minutes 26 seconds West, 630.51 feet to a 5/8 inch steel rod found for corner; THENCE South 42 degrees 26 minutes 14 seconds West, 117.33 feet to a 5/8 inch steel rod found for corner; THENCE North 47 degrees 33 minutes 46 seconds West, 209.00 feet to a S/8 inch steel rod found for corner; THENCE North 42 degrees 26 minutes 14 seconds East, 22.17 feet to a 5/8 inch steel rod found for corner; THENCE South 49 degrees 10 minutes 54 seconds East, 51.62 feet to a 5/8 inch steel rod found for comer; THENCE North 40 degrees 58 minutes 56 seconds East, 262. 73 feet to a 112 inch steel rod (bent) found for comer; University Title Company Bill To: Baker & Carnes Investments Buyer: Creek Meadows Partners Seller: Property Address : Greens Prairie Rd ColleQe Station, TX 77845 1021 University Drive East Colles:ie Station, Tx 77840 Ph : (979) 260-9818 Fax: (979) 268-3080 Description Nothing Further Certificate Tax INVOICE 00006242 Date: 02-11 -2009 Our Number: 00090644 Your Number: Amount $157.00 $12 .95 Total Invoice Amount $169.96 THENCE North 41 degrees 42 minutes 31 seconds West, 100.00 feet to a 5/8 inch steel rod found for corner; THENCE North 37 degrees 25 minutes 18 seconds West, 97.02 feet to a 5/8 inch steel rod found for corner' THENCE North 44 degrees 09 minutes 00 seconds West, 213. 79 feet to a cotton spindle found for corner on the Southeast line of Greens Prairie Road West; THENCE North 43 degrees 08 minutes 28 seconds East, 1233.00 feet along Greens Prairie Road West to a 3/8 inch .steel road (bent) found for comer; THENCE South 49 degrees 13 minutes 20 seconds East, 411.68 feet to a 3/8 inch steel rod found at the South corner of Lot 8, Wellborn Oaks recorded In Volume 345, Page 635 of the Deed Records of Brazos County, Texas; THENCE South 49 degrees 02 minutes 18 seconds East, 392.33 feet to a 3/8 inch steel rod found at the South corner of Lot 9, Wellborn Oaks; THENCE South 48 degrees 48 minutes 30 seconds East, 983.70 feet to a 3/8 inch steel rod found at the South corner of Lot 11, Wellborn Oaks; THENCE South 48 degrees 30 minutes 49 seconds East, 488.99 feet to a 3/8 inch steel rod found at the South corner of Lot 12, Wellborn Oaks; THENCE South 48 degrees 09 minutes SI seconds East, 388.37 feet to a 1/2 inch steel rod set on the West line of Greens Prairie Trail (100' R.O.W.); THENCE Southwesterly, 820.18 feet along a nontangent curve to the left in Greens Prairie Trail having a radius of 1010.00 feet and a central angle of 46 degrees 31 minutes 40 seconds (Chord bears South 18 degrees 32 minutes 29 seconds West, 797.83 feet) to a 5/8 inch steel rod found at the point of tangency ; TEHNCE South 04 degrees 43 minutes 21 seconds East, 1452.01feettoa5/8 inch steel rod found at a point of curve; THENCE Southwesterly, 743.74 feet along a curve to the right of Greens Prairie Trail having a radius of 904.93 feet and a central angle of 47 degrees OS minutes 23 seconds (Chord bears South 18 degrees 49 minutes 20 seconds West, 722.98 feet) to a 5/8 inch steel rod found at the point of tangency; THENCE South 42 degrees 22 minutes 02 seconds West, 194.62 feet to a 5/8 inch steel rod found at a point of curve; THENCE Southwesterly, 52.55 feet along a curve to the right having a radius of 35.00 feet and a central angle of 86 degrees 01 minutes 33 seconds (Chord bears South 85 degrees 22 minutes 48 seconds West, 47 .75 feet) to a 5/8 inch steel rod found for corner; THENCE South 44 degrees 52 minutes 55 seconds West, 24.00 feet to a point near the center of Royder Road (gravel); mENCE generally with the center ofRoyder Road as follows: North 45 degrees S6 minutes 20 seconds West, 94.15 feet to point; North 41 degrees 08 minutes 28 seconds West, 181.52 feet to a point; North 38 degrees 13 minutes 13 seconds West, 287.27 feet to a point; North 40 degrees 13 minutes 39 seconds West, 121.73 feet to a point; North 47 degrees 29 minutes 30 seconds West, 112.50 feet to a point; North 47 degrees 33 minutes 46 seconds West, 1775.11 feet to the Point of Beginning, containing 171.851 acres ofland. 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 and does not override Item 2 of Schedule B hereof. and that our records reflect that the following is a true and correct list of documents affecting title tothe real property described supra between the dates of December 15, 2005 and January 27, 2009: Vendor's Lien retained in Deed: Grantor: VRV Partners, a Texas partnership Grantee: Creek Meadows Partners, L.P. Dated : December IS, 2005 Recorded: Volume 7068, Page 220 , Official Records, Brazos County, Texas . Additionally secured by Deed of Trust: Grantor : Creek Meadows partners, L.P. Trustee: Timothy C. Jones Amount: $2,975,000.00 Beneficiary : First Victoria National Bank Dated : December 15, 2005 Recorded : Volume 7068, Page 277, Official Records, Brazos County , Te xas. Extension : Dated : December 15, 200 7 Recorded : Volume8438, Page 186, Official Records, Brazos County, Texas . Deed of Trust to secure a Note: Grantor : Creek Meadows Partners, L.P. Truste e: Timothy C. Jones Beneficiary: First Victoria National Bank Amount: $636,250.00 Dated: January 23, 2007 Recorded : Volume 7796, Page 94 , Official Records, Brazos County, Texas. Extension: Dated : December 15, 2007 Recorded : Volume 8438, Page 175, Official Records, Brazos County, Texas . Deed of Trust to secure a Note: Grantor : Creek Meadows Partoen, L.P. Trustee: Timothy C. Jones Beneficiary: First Victoria National Bank Amount: $4,835,000.00 Dated : January 27, 2007 Recorded : Volume 7796, Page 110, Official Records, Brazos County , Texas . Financing Statement: Debtor: Creek Meadows Partners, L.P. Secured Party: First Victoria National Bank Dated : January 31, 2007 Recorded: Under File No . 07-0003565844 with the Texas Secretary of State. Affidavit of Commencement From : Creek Meadows Partners, L.P. To: The Public Dated: February 2, 2007 Recorded : Volume 7832, Page 278, Official Records, Brazos County, Texas. Easement : From: To : Dated : Recorded : Plat : Creek Meadows Partners, L.P. City of College Station March 13, 2007 Volume 7863, Page 72 , Official Records, Brazos County, Texas. From: Creek Meadows Partners, L.P. To : The Public Dated: April 5, 2007 Recorded: Volume 8028, Page 248, Official Records, Brazos County, Texas. (COVERS A PORTION OF SUBJECT PROPERTY) Deed of Trust to secure a Note : Grantor: Creek Meadows Partners, L.P. Trustee: Timothy C. Jones Beneficiary : First Victoria National Bank Amount: $227,000.00 Dated : April 5, 2007 Recorded: Volume 7932, Page 77, Official Records, Brazos County, Texas. (COVERS A PORTION OF SUBJECT PROPERTY) Extension: Dated: December 15, 2007 Recorded: Volume 8398, Page 88, Official Records, Brazos County, Texas. Vendor's Lien retained in Deed: Grantor: Creek Meadows Partners, L.P. Grantee: Creek Meadows Properties, L.P. Dated : April 25, 2007 Recorded : Volume 7952, Page 237, Official Records, Brazos County, Texas. (COVERS A PORTION OF SUBJECT PROPERTY) Additionally secured by Deed ofTrust: Grantor: Creek Meadows Properties, L.P. Trustee: Nigel J. Harrison Amount: $3,931,116.00 Beneficiary : First Community Bank The Woodlands Dated : April 25, 2007 Recorded: Volume 7952, Page 247, Official Records, Brazos County, Texas. (COVERS A PORTION OF SUBJECT PROPERTY) Restrictions: From : To: Dated: Recorded: Creek Meadows Partners, L.P. The Public November 13, 2007 Volume 8325, Page 198, Official Records, Brazos County, Texas. Deed of Trust to secure a Note : Grantor: Creek Meadows Partners, L.P. Trustee: Timothy C. Jones Beneficiary: First Victoria National Bank Amount: $600,000.00 Dated: December21, 2007 Recorded: Volume 8398, Page 48, Official Records, Brazos County, Texas. (COVERS A PORTION OF SUBJECT PROPERTY) Deed of Trust to secure a Note: Grantor: Creek Meadows Partners, L.P. Trustee: Timothy C. Jones Beneficiary : First Victoria National Bank Amount: $1~14,487.00 Dated: December 21, 2007 Recorded: Volume 8398, Page 70, Official Records, Brazos County, Texas. (COVERS A PORTION OF SUBJECT PROPER TY) Deed of Trust to secure a Note: Grantor: Creek Meadow Properties, L.P. Trustee: Nigel J. Harrison Beneficiary: First Community Bank The Woodlands Amount: $140,000.00 Dated: January 24, 2008 Recorded: Volume 8459, Page 78, Official Records, Brazos County, Texas . (COVERS A PORTION OF SUBJECT PROPERTY) Restrictions: From: To : Dated : Recorded: Creek Meadows Partners, L.P. The Public November 13, 2008 Volume 8869, Page 262, Official Records, Brazos County, Texas. NOT REFLECTED HEREIN ARE NUMEROUS DOCUMENTS PERTAINING TO VARIOUS LOTS NOW PART OF PLA TIED SUBDIVISIONS. This certificate is issued with the express understanding, evidenced by the acceptanceof same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, anl it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. University Title Company GF Number: 00090644 Effective Date: October 11 , 2009 Examiner: LBJ STATE OF TEXAS COUNTY OF BRAZOS NOTHING FURTHER CERTIFICATE THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they are reflected in the geographically indexed title plant o f University Title Company as 1D the following property, to- wit: Being all that tract of land In Brazos County, Texas, out of the Samuel Davidson League, A-13 Survey and a part of the Jesse Bledsoe Survey, A-71 , consisting of the following tracts recorded in the Deed Records of Brazos County, Texas : Part of that called First Tract of 200 acres described in a Deed to B. F. Vance recorded in Volume 142, Page 273, all of that called Second Tract of 50.6 acres descnbed In said Volume 142, Page 273, all of that called 2.6 acres described In Volume 177, Page 309, all of that called 6 acres described In Volume 152, Page 234, that 1 acre described in Volume 210, Page 148, that 1.25 acres described In Volume 187, Page 522, that 1 acre described In Volume 282, Page 601 ,part of that 1 acre described in Volume 509, Page 786, that 2.7 acres described in Volume 262, Page 107, all of that tract described In Volume 163, Page 69, part of that 102.0 acres described in a Deed to Betty V. Goss, B . F . Vance, Jr. and Wlllfam R. Vance, Trustees of the VRVTrast recorded In Volume 1020, Pqe325 of the Deed Records of Brazos County, Texas, and being further described as follows: BEGINNING at a 5/8" steel rod found in Royder Road, being the West comer of said 200 acres; THENCE North 42 degrees 26 minutes 14 seconds East, 420.00 feet to a 5/8 inch steel rod found for corner; THENCE North 47 degrees 33 minutes 18 seconds West, 555.34 feet to a 5/8 Inch steel rod fonnd for corner; THENCE North 42 degrees 30 minutes 52 seconds East, 629.86 feet to a rock found for corner; THENCE North 47 degrees 33 minutes 26 seconds West, 630.51 feet to a 5/8 Inch steel rod found for corner; THENCE South 42 degrees 26 minutes 14 seconds West, 117.33 feet to a 518 lucb steel rod found for corner; THENCE North 47 degrees 33 minutes 46 seconds West, 209.00 feet to a 5/8 inch steel rod found for comer; THENCE North 42 degrees 26 minutes 14 seconds East, 22.17 feet to a 5/8 inch steel rod found for comer; THENCE South 49 degrees 10 minutes 54 seconds East, 51.62 feet to a 518 Inch steel rod found for corner; THENCE North 40 degrees 58 minutes 56 seconds East, 262 .73 feet to a 112 inch steel rod (bent) found for corner; THENCE North 41 degrees 42 minutes 31 seconds West, 100.00 feet to a S/8 Inch steel rod found for corner; THENCE North 37 degrees 25 minutes 18 seconds West, 97.02 feet to a 518 Inch steel rod found for corner' THENCE North 44 degrees 09 minutes 00 seconds West, 213.79 feet to a cotton spindle found for comer on the Southeast Une of Greens Prairie Road West; THENCE North 43 degrees 08 minutes 28 seconds East, ll33.00 feet along Greens Prairie Road West to a 3/8 lnch steel road (bent) found for comer; THENCE South 49 degrees 13 minutes 20 seconds East, 411.68 feet to a 3/8 inch steel rod found at the South comer of Lot 8, Wellborn Oaks recorded in Volume 345, Page 635 of the Deed Records of Brazos County, Texas; TIIENCE South 49 degrees 02 minutes 18 seconds East, 392.33 feet to a 3/8 inch steel rod found at the South corner of Lot 9, Wellborn Oaks; THENCE South 48 degrees 48 minutes 30 seconds East, 983. 70 feet to a 3/8 Inch steel rod found at the South corner of Lot 11 , Wellborn Oaks; Bill To: Creek Meadows Partners Todd Carnes Buyer. Creek Meadows Partners Seller: Property Address : Greens Prairie Rd University Title Company 1021 University Drive East College Station,Tx 77840 Ph: (979) 260-9818 Fax:(979)268-3080 INVOICE 00007186 Date: 10-20-2009 Our Number: 00090644 Your Number: Co!leQe Station, TX 77845 Descliption I Amount I Updated Nothing Further Certificete $103.00 Tax $8.50 Total Invoice Amount $111.50 THENCE South 48 degrees 30 minutes 49 seconds East, 488.99 feet to a 318 Inch steel rod found at the South corner of Lot 12, Wellborn Oaks; THENCE South 48 degrees 09 minutes 51 seconds East, 388.37 feet to a 1/2 inch s~l rod set on the West tine of Greens Prairie Trail (100' R.O.W.); THENCE Southwesterly, 820.18 feet along a nontangent curve to the left in Greens Prairie Trail having a radi111 of 1010.00 feet and a central angle or 46 degrees 31 minutes 40 seconds (Chord bears South 18 degrees 32 minutes 29 seconds West, 797.83 feet) to a 518 inch steel rod found at the point or tangency; TEHNCE South 04 degrees 43 minutes 21 seconds East, 1452.01 feet to a 518 inch steel rod found at a point of curve; THENCE Southwesterly, 743.74 feet along a curve to the right of Greens Prairie Trail having a radius of 904.93 feet and a central angle of 47 degrees 05 minutes 23 seconds (Chord bears South 18 degrees 49 minutes 20 seconds West, 722.98 feet) to a 5/8 inch steel rod found at the point of tangency; THENCE South 42 degrees 22 minutes 02 seconds West, 194.62 feet to a 518 Inch steel rod found at a point of curve; THENCE Southwesterly, 52.55 feet along a curve to the right having a radios of 35.00 feet and a central angle of 86 degrees 01 minutes 33 seconds (Chord bears South 85 degrees 22 minutes 48 seconds West, 47.75 feet) to a 5/8 Inch steel rod found for corner; THENCE South 44 degrees 52 minutes 55 seconds West, 24.00 feet to a point near the center of Royder Road (gravel); THENCE generally with the center of Royder Road as follows: North 45 degrees 56 minutes 20 seconds We.tit, 94.15 feet to point; North 41 degrees 08 minutes 28 seconds West, 181.52 feet to a point; North 38 degrees 13 minutes 13 seconds West, 287.27 feet to a point; North 40 degrees 13 minutes 39 seconds West, 121.73 feet to a point; North 47 degrees 29 minutes 30 seconds West, 112.50 feet to a point; North 47 degrees 33 minutes 46 seconds West, 1775.11 feet to the Point of Beginning, containing 171.851 acres of land. NOTE: The Company Is prohibited from Insuring the area or quantity of the land described herein. Any statement In the above legal deterlptlon of the area or quantity of land ls not a representation that such area or quantity Is correct, but ls made only for Informational and/or Identification purposes and does not override Item 2 of Schedule B hereof. and that our iecords reflect that the following is a true and correct list of documents affecting title to the real property described supra between the dates of July 23, 1009 and October 11, 2009: Easement: From: To: Dated: Recorded: Creek Meadows Partners, L.P. City of Bryan d/b/a Bryan Texas Utilities June 11, 2009 Volwne 9251 , Page 109, Official Records, Brazos County, Texas. This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of iecord pertaining to said property, and it is expressly undmtood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. •1 , ( " .. _, University Title Company Bill To: Creek Meadows Partners, LP Buver: Creek Meadows Partners Seller: Property Address : Greens Prairie Rd ColleQe Station , TX 77845 1021 Universitv Drive East ColleQe Station .Tx 77840 Ph : (979) 260-9818 Fax : (979) 268-3080 INVOICE 00007704 Date: 05-07-2010 Our Number: 00090644 Your Number: Description I Amount I Nothing Further Certificate $109 .00 Tax $8 .99 ' Total Invoice Amount $117.99 --____________________ ___.I University Title Company Bill To : Oldham Goodwin Jeremy Buver : Creek Meadows Partners Seller: Property Address : Greens Prairie Rd 1021 University Drive East Colleqe Station,Tx 77840 Ph : (979) 260-9818 Fax: (979) 268-3080 Colleqe Station , TX 77845 Description Updated Nothing Further Certificate Tax INVOICE 00008806 Date: 08-08-2011 Our Number: 00090644 Your Number: lbj I Amount ~· I $109.00 $8 .99 Total Invoice Amount $117.99 GF Number: 00083763 Effective Date: August 24, 2008 Examiner: NBD STATE OF TEXAS COUNTY OF BRAZOS NOTHING FURTHER CERTIFICATE TlilS IS TO CERTIFY: Tbat we have examined the records of the Cowity Cleric: of Brazos County, Texas as they are reflected in the geographically indexed title plant of University Title Company as to the following property, to- wit : Being all that certain tract of land lying and being situated In the Andrew McMahon Survey, Abstract No. 167, Brazos CollDty, Texas. Said tract being the remainder ofa called 22-9 acre tract as described by a Distribution Deed to Billie JllDe Reece, Kathleen Dudley and Carolyn Matheson recorded In Volume 6889, Pages 190 and 193 of the Off'iclal Records of Brazos County, Texas. Said remainder of 22.9 acre tract being the remainder of a called 11.984 acre tract described in Volume 305, Page 187 of the Deed Records of Brazos County, Texas, and the remainder of a called 15.98 acre tract described in Volume 281, Page 231, of the Deed Records of Brazos Connty, Texas. Said tract beiug more particularly described by metes and boonds as follows: BEGINNING at a 112 inch iron rod found on the northwest line of Greens Prairie Road (a county maintained public road) marking the south corner of said remainder of 22.9 acre tract and the southeast corner of Lot 3A, Benjamin Graham Subdivision, according to the plat recorded In Volume 2463, Page 329 of the Official Records of Brazos County, Texas; THENCE: along the common line of said remainder of 22.9 acre tract and said Lot 3A for the following calls: N 03° 27' 00" W for a distance of 725.85 feet to a 112 inch iron rod found; S 88° 03' 03" E for a distance of 16.92 feet to a 1/2 inch iron rod found; N 03° 34' 22" W for a distance of 119.54 feet to a 1/2 inch Iron rod found marking the northeast corner of said Lot 3A and the southeast corner of a called 3.42 acre tract owned by Donald and Martha Royder according to the Brazos County Appraisal District; THENCE: N 03° 35' 56" W along the common line of said remainder of 22.9 acre tract for a distance of 329.01 feet to a 518 Inch Iron pipe follDd marking the south corner ofa called 11.18 acre tract as described by a Deed to Walter W. Ruoff, .Jr. and wife, Lyon M. Ruoff, recorded in Volume 1694, Page 111, of the Official Records of Brazos County, Texas; THENCE: N 43° 06' 08" E along the common line of said remainder of 22.9 acre tract and said 11.18 acre tract for a distance of 300. 73 feet to a 112 Inch Iron rod found marking the common corner of said 11.984 acre tract and said 15.98 acre tract; THENCE: N 42• 39' 06" E continuing along the common line of said remainder of 22-9 acre tract and said 11 .18 acre tract for a distance of 496. 70 feet to a 518 loch Iron rod found marking the west comer of Block 1, Turnberry Place Subdivision, according to the plat recorded in Volume 4168, Page 77 of the Official Records of Brazos County, Texas; THENCE: along the common line of said remainder of 22.9 acre tract and Lots 1 -4, Block 1, Turnberry Place, for the following calls: S 47° 40' 04" E for a distance of 182.99 feet to a 5/8 Inch Iron rod found marking the common corner of said Lot 4 and Lot 3; S 47° 46' 42" E for a distance of 256.81 feet to a 518 inch Iron rod found marking the common corner of said Lot 3 and Lot 2; S 47° 48' 00" E for a distance of 200.06 feet to a 518 inch iron rod found marking the common corner of said Lot 2 and Lot 1; S 47° 43' 59" E for a distance of 191.71 feet to a 5/8 inch iron rod found marking the south corner of said Lot 1 ; THENCE: S 48• 54' 07" E along the northeast line of said remainder of 22.9 acre tract for a distance of 8.13 feet to a 6 loch fence corner post follDd on the northwest line of Greens Prairie Road marking the east corner of said remainder of 22.9 acre tract; University Title Company Bill To: Raybon Metcalf Buver. Creek Meadows Partners LP Seller: Property Address: Greens Prairie Rd W CollBQe Station, TX 77845 1021 University Drive East Col lege Station,Tx 77840 Ph : (979) 260-9818 Fax: (979) 268-3080 Description Nothing Further Certfficate Tax . . INVOICE 00005912 Date: 09-10-2008 Our Number: 00083763 Your Number: I Amount I $106.00 $8.75 I Total Invoice Amount $114.75 ' THENCE: S 42° 55' 42" W along the northwest line of Greens Prairie Road for a dlstanceof617.80 feet to a 5/8 inch iron rod set marking the east corner of the remainder of a called 0.861 acre tract as described by a Deed to Augustine E. Palmisano and Donna L. Palmisano recorded in Volume 7479, Page 230 of the Ofllclal Records of Brazos County, Texas; THENCE: N 48° 02' 56" W along the common line of said remail1der of 22.9 acre tract and said remainder of 0.861 acre tract for a distance or 143.42 feet to a 112 inch iron rod found marking the north comer of said remainder of 0.861 acre tract; THENCE: S 41 ° 57' 04" W continuing along the common line of said remainder of 22.9 acre tract and said remainder of 0.861 acre tract for a distance of 300.21 feet to a 112 loch Iron rod fonnd marking the west corner of the remainder of a called tract of land as described by a Deed to Lone Star Gas Company recorded In Volume 148, Page 226 of the Deed Records or Brazos County, Texas; THENCE: S 48° 02' 56" E along the common line of said remainder of 22.9 acre tract and said remainder or Lone Star Gas tract for a disblnce of 138.29 feet to a 5/8 inch Iron rod set on the northwest li ne of Green Prairie Road; THENCE: S 42° 55' 42" W along the northwest line of Green Prairie Road for a distance of709.96 feet to the POINT OF BEGINNING conbllning 21.418 acres of land, more or less. SAVE AND EXCEPT FROM TRACT THREE: Metes and bounds description of all tbat certain tract of land lying and being situated in the Andrew McMahon Survey, Abstract No. 167, Br1zos County, Texas. Said tract being a portion or a called 22.418 acre tract as described by a deed to Creek Meadows Partners, L.P. recorded in Volume 7633, Page 239 of the Official Public Records ofBraws County, Texas. Said tract being more particularly described by metes and bounds as follows: BEGINNING at a 112 inch Iron rod found on the northwest line of Greens Prairie Road (a county maintained public road} marking the southwest corner of said 22.418 acre tract and the southeast corner of Lot 3A, Benjamin Graham Subdivision, according to the plat recorded In Volume 2463, Page 329 of the Official Public Records of Brazos County, Texas; THENCE: Along the common line of said 22.418 acre tract and sald Lot 3A for the following calls: N 03 ° 27' 00" W for a distance or 725.85 feet to a 112 inch iron rod found ; S 88° 03' 03" E for a distance of 16.92 feet to a 112 inch iron rod found; N 03° 34' 22" W for a distance of 26.58 feet to a 518 Inch iron rod set marking the north corner of this herein described tract, for reference a 112 inch iron rod found marking the northeast corner or said Lot 3A bears: N 03° 34' 22" W for a distance of92.96 feet; THENCE: Through said 22.418 acre tract for the following calls: S 42° 39' 53 " E for a disblnce of 368.04 feet to a 518 inch iron rod set; S 42 ' 55' 42" W for a distance of 144.63 feet to a 518 indl iron rod set; S 03° 27' 00 " E for a dlsblnce of 227.93 feet to a 518 loch iron rod set on the northwest line of Greens Prairie Road marking the southeast comer of the herein described tract; THENCE: S 42° 55' 42" W alon& the northwest line of Greens Prairie Road for a distance of 200.00 feet to the POINT OF BEGINNING conblinln& 2.30 acres of land, more or less. NOTE: The Company Is prohibited from Insuring the area or quantity of the land described herein. Any statement in the above le&al 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. and that our records reflect that the following is a true and correct list o f documents affecting title to the real property described supra between the dates of December 21 , 2007 and August 24, 2008: Deed of Trust to secure a Note: Grantor: Creek Meadows Partners, L.P. Trustee: Timothy C. Jones Benefici ary: First Victoria National Bank Amount $1,214,487.00 Dated : December 21, 2007 Recorded : Volume 8398, Page 70, Official Records, Brazos County, Texas . Easement: From: To: Dated: Recorded: Creek Meadows Partners, L.P. City of CoUege Station December 11 , 2007 Volume 8400, Page 209, Official Records, Brazos County, Texas. This certificate is issued with the express understanding. evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. University Title Company GF Number: 00104293 Effective Date : November 9, 2010 Examiner: LEL STATE OF TEXAS COUNTY OF BRAZOS NOTHING FURTHER CERTIFICATE THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they are reflected in the geographically indexed title plant of University Title Company as to the following property, to- wit: Being all that tract of land in Brazos County, Texas, out or the Samuel Davidson League, A-13 Survey and a part of the JeJH Bledsoe Survey, A-71 , consisting of the following tracts recorded In the Deed Records of Brazos County, Texas: Part of that called First Tract of 200 acres described in a Deed to B. F . Vance recorded In Volume 142, Page 273, an of that called Second Tract or 50.6 acres described in said Volume 142, Page 273, all of that called 2.6 acres described in Volume 177, Page 309, all or that called 6 acres described In Volume 152, Page 234, that 1 acre described In Volume 210, Page 148, that 1.25 acres described In Volume 187, Page 522, that 1 acre described In Volume 282, Page 601, part of that 1 acre described In Volume 509, Page 786, that 2.7 acres described In Volume 262 , Pa&e 107, all of that tract described in Volume 163, Page 69, part or that 102.0 acres described in a Deed to Betty V. Goss, B. F. Vance, Jr. and William R. Vance, Trustees of the VRV Trust recorded in Volume 1020, Page325 of the Deed Records of Brazos County, Texas, and being further described as follows: BEGINNING at a 518" steel rod found lo Royder Road, being the West corner of said 200 acres; THENCE North 42 degrees 26 minutes 14 second1 E ast, 420.00 feet to a 518 Inch steel rod found for corner; THENCE North 47 degrees 33 minutes 18 seconds West, 555.34 feet to a 5/8 Inch steel rod found for corner; · THENCE North 42 degrees 30 minutes 52 seconds East, 629.86 feet to a rock found for corner; THENCE North 47 degrees 33 minutes 26 seconds West, 630.Sl feet to a 518 Inch steel rod found for corner; THENCE South 42 degrees 26 minutes 14 seconds West, 117.33 feet to a 518 Inch steel rod found for corner; THENCE North 47 degrees 33 minutes 46 seconds West, 209.00 feet to a 518 Inch steel rod found for corner; THENCE North 42 degrees 26 minutes 14 seconds East, 22 .17 feet t o a 518 inch steel rod found for corner; THENCE South 49 degrees 10 minutes 54 seconds East, 51.62 feet to a 5/8 Inch steel rod found for corner; THENCE North 40 degrees 58 minutes 56 seconds East, 262.73 feet to a 112 Inch steel rod (bent) found for corner; THENCE North 41 degrees 42 minutes 31 seconds West, 100.00 feet to a 518 Inch steel rod found for corner; THENCE North 37 degrees 25 minutes 18 seconds West, 97.02 feet to a 518 lhch steel rod found for corner' THENCE North 44 degrees 09 minutes 00 seconds West, 213.79 feet to a cotton spindle found for corner on the Southeast line of Greens Prairie Road West; THENCE North 43 degrees 08 minutes 28 seconds East, 1233.00 feet along Greens Prairie Road West to a 318 inch steel road (bent) found for corner; THENCE South 49 de&rees 13 minutes 20 seconds East, 411.68 feet to a 318 Inch steel rod found at the South corner or Lot 8, Wellborn Oaks recorded In Volume 345, Pa11e 63S or the Deed Records of Brazos County, Texas; THENCE South 49 degrees 02 minutes 18 seconds East, 392.33 feet to a 3/8 Inch steel rod found at ' . . ' the South corner of Lot 9, Wellborn Oaks; THENCE South 48 degrees 48 minutes 30 seconds East, 983.70 feet to a 3/8 inch steel rod found at the South corner of Lot 11, Wellborn Oaks; THENCE South 48 degrees 30 minutes 49 seconds Eut, 488.99 feet to a 3/8 inch steel rod found at the South corner or Lot 12, Wellborn Oaks; THENCE South 48 degrees 09 minutes 51 seconds East, 388.37 feet to a 112 loch steel rod set on the West line of Greens Prairie Trail (100' R.O.W.); THENCE Southwesterly, 820.18 feet along a oontaogeot curve to the left in Greens Prairie Trail having a radius of 1010.00 feet and a central angle of 46 degrees 31 minutes 40 seconds (Chord bears South .18 degrees 32 minutes 29 seconds West, 797.83 feet) to a 5/8 Inch steel rod found at the point of tangency; TEHNCE South 04 degrees 43 minutes 21 seconds East, 1452.01 feet to a 5/8 Inch steel rod found at a point of curve; THENCE Southwesterly, 743.74 feet along a curve to the right of Greens Prairie' Trail having a radius of 904.93 feet and a central angle of 47 degrees 05 minutes 23 seconds (Chord bears South 18 degrees 49 minutes 20 seconds West, 722.98 feet) to a 5/8 inch steel rod found at the point of tangency; THENCE South 42 degrees 22 minutes 02 seconds West, 194.62 feet to a 5/8 inch steel rod found at a point of curve; THENCE Southwesterly, 52.55 feet along a curve to the right having a. radios of 35.00 feet and a central angle of 86 degrees 01 minutes 33 seconds (Chord bears South 85 degrees 22 minutes 48 seconds West, 47.75 feet) to a 5/8 loch steel rod found for corner; THENCE South 44 degrees 52 minutes 55 seconds West, 24.00 feet to a point near the center of Royder Road (gravel); THENCE generally with the center ofRoyder Road as follows: North 45 degrees 56 minutes 20 seconds West, 94.15 feet to point; North 41 degrees 08 minutes 28 seconds West, 181.52 feet to a point; North 38 degrees 13 minutes 13 seconds West, 287.27 feet to a point; North 40 deerees 13 minutes 39 seconds West, 121 .73 feet to a point; North 47 degrees 29 minutes 30 seconds West, 112.50 feet to a point; North 47 degrees 33 minutes 46 seconds West, 1775.11 feet to the Point of Beginning, containing 171.851 acres of land. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement lo the above legal description of the area or quantity of land ls not a representation that such area or quantity ls correct, but ls made only for Informational and/or Identification purposes. and that our records reflect that the following is a true and correct list of doCUllleots affecting title to the real property described supra between the dates of October 11, 2009 and November 9, 2010: Easement: From: Creek Meadows Partners, L.P. To: City of College Station Dated: November 19, 2009 Recorded : Volume 9404, Page 77, Official Records, Brazos County, Texas. (COVERS A PORTION OF SUBJECT PROPERTY) Easement: From: Creek Meadows Partners, L.P. To : City of College Station Dated: November 19, 2009 Recorded : Volume 9404 , Page 89, Official Records, Brazos County, Texas. (COVERS A PORTION OF SUBJECT PROPERTY) -------------------------~-- Terms, Conditions, and Stipulations in the Encroachment Agreement by and between: Parties : Seminole Pipeline Company and Creek Meadows Partners, L.P. Dated: November 25, 2009 Recorded: Volume 9408, Page 74, Official Records, Brazos County, Texas. {COVERS A PORTION OF SUBJECT PROPERTY) Terms, Conditions, and Stipulations in the Modification, Rearrangement and/or Extension Agreement by and between: Parties : Creek Meadows Partners, L.P. and Ftrst Victoria National Bank Dated : January 15, 2010 Recorded: Volume 9479, Page 235, Official Records, Brazos County, Texas. (COVERS A PORTION OF SUBJECT PROPERTY) Terms, Conditions, and Stipulations in the Agreement by and between: Parties: Creek Meadows Partners, L.P. and First Victoria National Bank Dated: January 15, 2010 Recorded: Volume 9480, Page 134, Official Records, Brazos County, Texas. (COVERS A PORTION OF SUBJECT PROPERTY) Terms, Conditions, and Stipulations in the Agreement by and between: Parties: Creek Meadows Partners, L.P. and First Victoria National Bank Dated: January 15, 2010 Recorded : Volume 9480, Page 145, Official Records, Brazos County, Texas. (COVERS A PORTION OF SUBJECT PROPERTY) This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title . By acceptance of this Certificate it is understood that the liability of the issuer hereof is expresaly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts . University Title Company By: ~1~~ (rdl) . ' GF Number: 00104281 Effective Date: December ll, 2010 STATEOFTEXAS · COUNTY OF BRAZOS NOTIDNG FURTHER CERTIFICATE TlilS IS TO CERTIFY : That we have examined the records of the County Clcrlc of Braz.as Comty, Texas as they are reflected in the geographically indexed title plant of University Title Company as to the following property, te wit: · Being all that certain tract or land lying and being situated lo the Andrew McMahon Survey, Abstract No. 167, Brazos County, Tens. Said tract being the remainder of a called 22.9 acre tract as described by a Distribution Deed to Biilie June Reece, Kathleen Dudley and Carolyn Matheson recorded In Volume 6889, Pages 190 and 193 oftbe Ofllclal Records of Brazos County, Texas. Said remainder of 22.9 acre tract beln& the remainder of a called 11.984 acre tract described In Volume 305, Paae 187 of the Deed Records of Brazos County, Texu, and the remainder of a called 15.98 acre tract described In Volume 281, Page 231, of the Deed Records of Brazos County, Tex~. Said tract being more particularly described by metes and bounds as follows: BEGINNING at a lfl Inch Iron rod found on the northwest Une of Greens Prairie Road (a county maintained public road) marking the south corner of nld remainder of 22.9 acre tract and tbe southeast corner of Lot 3A, Benjamin Graham Subdivision, according to the plat recorded In Volume 2463, Page 329 of the Omclal Records of Bl'BZQS County, Texas; THENCE: along the common line of said remainder of 22.9 acre tract and said Lot 3A for the following calls: N 03• 27' 00" W for a distance of 725.85 feet to a lfl Inch Iron rod found; S 88" 03 ' 03" E for a distance of 16.92 feet to a lfl Inch iron rod follnd; N 03• 34' 22" W for a distance of 119.!4 feet to a lfl Inch Iron rod found marking the northeast comer of said Lot 3A and tile southeast eoraer of a called 3.42 acre tract owned by Donald and Martha Royder according to the Brazos County Appraisal District; THENCE: N 03° 35' 56" W along the common line of aald remainder of 22.9 acre tract for a distance of 329.01 feet to a !Ill inch iron pipe found marking the south corner of a called 11.18 acre tract as described by a Deed to Walter W. Ruoff, Jr. and wife, Lyan M. Ruoff, recorded iR Volume 1694, Page 111, of the Official Records of Brazos County, Texas; THENCE: N 43• 06' 08" E along the common line of said remainder of 22.9 acre tract and said 11.18 acre tract for a distance of 300.73 feet to a 1/l Inch Iron rod found marking the common comer ofsald 11 .984 acre tract and said 15.98 acre tract; THENCE: N 42• 39' 06" E continuing along the common line of said remainder of 22.9 acre tract and said ll.18 acre tract for a distance of 496.70 feet to a !Ill Inch Iron rod foU11d marking the west comer of Block l, Tumberry Place Subdivision, according to the plat recorded in Volume 4168, Page 77 oftbe Official Records of Brazos County, Texas; THENCE: along the common line of said remainder of 22.9 acre tract and Lots 1 -4, Block 1, Turnberry Place, for tbe followlag calls: . ' S 47" 40' 04" E for a distance of 182.99 feet to a 518 Inch iron rod found marldn& the common corner of said Lot 4 and Lot 3; S 47" 46' 41" E for a distance of 156.81 feet to a 5/8 Inch iron rod found markin& the common corner or said Lot 3 and Lot l ; S 47" 48' 00" E for a distance of 100.06 feet to a 5/8 Inch Iron rod found marking the common corner of said Lot land Lot 1; S 47• 43' 59" E for a distance of 191.71 feet to a 518 Inch Iron rod found markin& the south corner of said Lot 1; THENCE: S 48° 54' 07" E along the northeast line of said remainder of 12.9 acre tract for a distance of 8.13 feet to a 6 Inch fence corner post found on the northwest line of Greens Prairie Road markln& the east corner of said remainder of 22.9 acre tract; THENCE: S 42° 55' 42" W along the northwest line of Greens Prairie Road for a distance of617.80 feet to a 518 inch iron rod set marking the east corner of the remainder of a called 0.861 acre tract as described by a Deed to Augustine E. Palmisano and Donna L. Palmisano recorded in Volume 7479, Page 230 of the Official Records of Brazos County, Texas; THENCE: N 48° 02' 56" W alone the common line of said remainder of 22.9 acre tract and said remainder of 0.861 acre tract for a distance of 143.42 feet to a 112 illch iron rod found marking the north corner ofsald remainder of 0.861 acre tract; THENCE: S 41° 57' 04" W continuing along the common line of said remainder of 22.9 acre tract and said remainder of 0.861 acre tract for a distance of 300.21 feet to a 112 Inch Iron rod found markin& the west corner of the remainder of a called tract of land as described by a Deed to Lone Star G1ts Company recorded In Volume 148, Page 216 of the Deed Records of Drams County, Texas; THENCE: S 48" 02' 56" E along the common line of said remainder of 22.9 acre tract and said remainder of Lone Star Gas tract for a distance of 138.29 feet to a 518 inch iron rod set on the northwest line or Green Prairie Road; THENCE: S 42° 55' 42" W along the northwest line of Green Prairie Road for a distance of 709.96 feet to the POINT OF BEGINNING contalnin& 22.418 acres of land, more or less. SA VE AND EXCEPT: Metes and bounds description of all that certain tract of land lying and being situated in the Andrew McMahon Survey, Abstract No. 167, Drams County, Texas. Said tract being a portion of a called 22.418 acre tract as described by a deed to Creek Meadows Partners, LP. recorded In Volume 7633, Page 239 of the Official Public Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: BEGINNING at a 112 inch iron rod found on the northwest line of Greens Prairie Road (a county maintained public road) marking the southwest corner of said 21.418 acre tract and the southeast corner of Lot 3A, Benjamin Graham Subdivision, according to the plat recorded In Volume 2463, Page 329 of the Official Public Records of Brazos County, Texas; THENCE: Along the common line of said 22.418 acre tract and said Lot 3A for the foUowin& calls: N 03° 27' 00" W for a distance of725.85 feet to a 112 lncb iron rod found; S 811' 03' 03" E for a distance or 16.92 feet to a 112 Inch Iron rod found; N 03° 34' 22" W for a dJstance of 26.58 feet to a 518 Inch Iron rod set markla1 the north comer of this herein described tract, for reference a 112 inch Iron rod found marking the northeast comer of said Lot 3A bears: N 03° 34' 22" W for a distance of 92.96 feet; THENCE: Through said 22.418 acre tract for the followlnlf calls: S 42" 39' 53" E for a distance of 368.04 feet to a 5/8 Inch Iron rod set; S 42" 55' 42" W for a distance of 144.63 feet to a S/8 inch iron rod set; S 03° 27' 00" E for a distance of 227.93 feet to a 5/8 Inch Iron rod set on the northwest line of Greens Prairie Road markln1 the southeast corner of the herein described tract; THENCE: S 42° 55' 42" W along the northwest line of Greens Prairie Road fora distance of200.00 feet to the POINT OF BEGJNNING containing 2.30 acres of land, more or less; FURTHER SA VE AND EXCEPT FROM SAID 22.418 ACRES THE FOLLOWING Lots One (1) and Two (2), Creek Meadows Sectloa IC, Phase IA, City ofColleie Station, accordlnlf to plat thereof recorded In Volume 8947, Page 249 of the Offlclal Records of Brazos County, Texas. NOTE: The Company Is prohibited from insurin& the area or quaatity of the land descnl>ed herein. Any statement In the above leaal 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. and that our records reflect that the following is a true and correct list of documents affecting title to the real property described supra between the dates of November 8, 2010 and December 21, 2010: None of Record This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validityofthe title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record per111ining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty ofthe title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. . \ GFNo.: 140437 Examiner: Angela Bankston Effective Date: January 20, 2014 STA TE OF TEXAS COUNTY OF BRAZOS NOTHING FURTHER CERTIFICATE TIIlS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they are reflected in the geographically indexed title plant of University Title Company as to the following property, to-wit: Being all that tract ofland in Brazos County, Texas, out of the Samuel Davidson League, A-13 Survey and a part of the Jesse Bledsoe Survey, A-71, consisting of the following tracts recorded in the Deed Records of Brazos County, Texas: Part of that called First Tract of 200 acres described in a Deed to B. F . Vance recorded in Volume 142, Page 273, all of that called Second Tract of 50.6 acres described in said Volume 142, Page 273, all of that called 2.6 acres described in Volume 177, Page 309, all of that called 6 acres described in Volume 152, Page 234, that 1 acre described in Volume 210, Page 148, that 1.25 acres described in Volume 187, Page 522, that 1 acre described in Volume 282, Page 601, part of that 1 acre described in Volume 509, Page 786, that 2.7 acres described in Volume 262, Page 107, all of that tract described in Volume 163, Page 69, part of that 102.0 acres described in a Deed to Betty V. Goss, B. F. Vance, Jr. and William R. Vance, Trustees of the VRV Trust re~orded in Volume 1020, Page 325 of the Deed Records of Brazos County, Texas, and being further described as follows: BEGINNING at a 5/8" steel rod found in Royder Road, being the West corner of said 200 acres; THENCE North 42 degrees 26 minutes 14 seconds East, 420.00 feet to a 5/8 inch steel rod found for corner; THENCE North 47 degrees 33 minutes 18 seconds West, 555.34 feet to a 5/8. inch steel rod found for corner; THENCE North 42 degrees 30 minutes 52 seconds East, 629.86 feet to a rock found for corner; THENCE North 47 degrees 33 minutes 26 seconds West, 630.51 feet to a 5/8 inch steel rod found for corner; THENCE South 42 degrees 26 minutes 14 seconds West, 117.33 feet to a 5/8 inch steel rod found for corner; THENCE North 47 degrees 33 minutes 46 seconds West, 209.00 feet to a 5/8 inch steel rod found for corner; THENCE North 42 degrees 26 minutes 14 seconds East, 22.17 feet to a 5/8 inch steel rod found for corner; THENCE South 49 degrees 10 minutes 54 seconds East, 51.62 feet to a 5/8 inch steel rod found for corner; THENCE North 40 degrees 58 minutes 56 seconds East, 262.73 feet to a 112 inch steel rod (bent) found for corner; THENCE North 41degrees42 minutes 31 seconds West, 100.00 feet to a 5/8 inch steel rod found for corner; THENCE North 37 degrees 25 minutes 18 seconds West, 97.02 feet to a 5/8 inch steel rod found for corner'· THENCE North 44 degrees 09 minutes 00 seconds We'st, 213.79 feet to a cotton spindle found for corner on the Southeast line of Greens Prairie Road West; THENCE North 43 degrees 08 minutes 28 seconds East, 1233.00 feet along Greens Prairie Road West to a 3/8 inch steel road (bent) found for corner; THENCE South 49 degrees 13 minutes 20 seconds East, 411.68 feet to a 3/8 inch steel rod found at the South corner of Lot 8, Wellborn Oaks recorded in Volume 345, Page 635 of the Deed Records of Brazos County, Texas; THENCE South 49 degrees 02 minutes 18 seconds East, 392.33 feet to a 3/8 inch steel rod found at the South corner of Lot 9, Wellborn Oaks; THENCE South 48 degrees 48 minutes 30 seconds East, 983.70 feet to a 3/8 inch steel rod found at the South corner of Lot 11, Wellborn Oaks; THENCE South 48 degrees 30 minutes 49 seconds East, 488.99 feet to a 3/8 inch steel rod found at the South corner of Lot 12, Wellborn Oaks; THENCE South 48 degrees 09 minutes 51 seconds East, 388.37 feet to a 112 inch steel rod set on the West line of Greens Prairie Trail (100' R.O.W.); THENCE Southwesterly, 820.18 feet along a nontangent curve to the left in Greens Prairie Trail having a radius of 1010.00 feet and a central angle of 46 degrees 31 minutes 40 seconds (Chord bears South 18 degrees 32 minutes 29 seconds West, 797.83 feet) to a 5/8 inch steel rod found at the point of tangency; TEHNCE South 04 degrees 43 minutes 21 seconds East, 1452.01 feet to a 5/8 inch steel rod found at a point of curve; THENCE Southwesterly, 743. 74 feet along a curve to the right of Greens Prairie Trail having a radius of 904.93 feet and a central angle of 47 degrees OS minutes 23 seconds (Chord bears South 18 degrees 49 minutes 20 seconds West, n2.98 feet) to a 5/8 inch steel rod found at the point of tangency; THENCE South 42 degrees 22 minutes 02 seconds West, 194.62 feet to a 5/8 inch steel rod found at a point of curve; THENCE Southwesterly, 52.55 feet along a curve to the right having a radius of 35.00 feet and a central angle of 86 degrees 01 minutes 33 seconds (Chord bears South 85 degrees 22 minutes 48 seconds West, 47.75 feet) to a 5/8 inch steel rod found for corner; THENCE South 44 degrees 52 minutes 55 seconds West, 24.00 feet to a point near the center of Royder Road (gravel); THENCE generally with the center of Royder Road as follows: North 45 degrees 56 minutes 20 seconds West, 94.15 feet to point; North 41degrees08 minutes 28 seconds West, 181.52 feet to a point; North 38 degrees 13 minutes 13 seconds West, 287.27 feet to a point; North 40 degrees 13 minutes 39 seconds West, 121.73 feet to a point; North 47 degrees 29 minutes 30 seconds West, 112.50 feet to a point; North 47 degrees 33 minutes 46 seconds West, 1775.11 feet to the Point of Beginning, containing 171.851 acres of land. 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. And that our records reflect that the following is a true and correct list of documents affecting title to the real property described supra between the dates of September 8, 2013 and January 20, 2014 : Deed of Trust to secure a Note: Grantor: Creek Meadows Partners, L.P. Trustee: Timothy C. Jones Beneficiary: First Victoria National Bank Amount: $227,000.00 Dated: September 25, 2013 Recorded: Volume 11637, Page 207, Official Records, Brazos County, Texas. Extension: Dated: July 15, 2013 Recorded: Volume 11643, Page 45, Official Records, Brazos County, Texas. (Modification, Rearrangement and/or Extension Agreement of Deed of Trust recorded in Volume 8398, Page 70, Official Records, Brazos County, Texas) Extension: Dated: July 15, 2013 Recorded: Volume 11645, Page 1, Official Records, Brazos County, Texas. (Modification, Rearrangement and/or Extension Agreement of Deed of Trust recorded in Volume 7068, Page 227, Official Records, Brazos County, Texas) This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor waminty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. University Title Company -0~--:.::~·~-.. --·-- By:~=---------~~~(__-·~-----~~~~~~~~ GF No.: 140437 Examiner: Angela Bankston Effective Date: May 20, 2014 STATE OF TEXAS COUNTY OF BRAZOS NOTHING FURTHER CERTIFICATE THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they are reflected in the geographically indexed title plant of University Title Company as to the following property, to-wit: Being aU that tract of land in Brazos County, Texas, out of the Samuel Davidson League, A-13 Survey and a part of the Jesse Bledsoe Survey, A-71, consisting of the following tracts recorded in the Deed Records of Brazos County, Texas: Part of that called First Tract of200 acres described in a Deed to B. F. Vance recorded in Volume 142; Page 273, all of that called Second Tract of 50.6 acres described in said Volume 142, Page 273, all of that called 2.6 acres described in Volume 177, Page 309, all of that called 6 acres described in Volume 152, Page 234, that 1 acre described in Volume 210, Page 148, that 1.25 acres described in Volume 187, Page 522, that 1 acre described in Volume 282, Page 601, part of that 1 acre described in Volume 509, Page 786, that 2.7 acres described in Volume 262, Page 107, all of that tract described in Volume 163, Page 69, part of that 102.0 acres described in a Deed to Betty V. Goss, B. F. Vance, Jr. and William R. Vance, Trustees of the VRV Trust recorded in Volume 1020, Page 325 of the Deed Records of Brazos County, Texas, and being further described as follows: BEGINNING at a 5/8" steel rod found in Royder Road, being the West comer of said 200 acres; THENCE North 42 degrees 26 minutes 14 seconds East, 420.00 feet to a 5/8 inch steel rod found for comer; THENCE North 47 degrees 33 minutes 18 seconds West, SSS.34 feet to a 5/8 inch steel rod found for comer; THENCE North 42 degrees 30 minutes 52 seconds East, 629.86 feet to a rock found for corner; THENCE North 47 degrees 33 minutes 26 seconds West, 630.51 feet to a 5/8 inch steel rod found for comer; THENCE South 42 degrees 26 minutes 14 seconds West, 117.33 feet to a 5/8 inch steel rod found for conier; THENCE North 47 degrees 33 minutes 46 seconds West, 209.00 feet to a 5/8 inch steel rod found for corner; THENCE North 42 degrees 26minutes14 seconds East, 22.17 feet to a 5/8 inch steel rod found for corner; THENCE South 49degrees10 minutes 54 seconds East, 51.62 feet to a 5/8 inch steel rod found for comer; THENCE North 40 degrees 58 minutes 56 seconds East, 262.73 feet to a 1/2 inch steel rod (bent) found for comer; THENCE North 41degrees42 minutes 31 seconds West, 100.00 feet to a 5/8 inch steel rod found for corner; THENCE North 37 degrees 25 minutes 18 seconds West, 97.02 feet to a 518 inch steel rod found for corner' THENCE North 44 degrees 09 minutes 00 seconds West, 213.79 feet to a cotton spindle found for corner on the Southeast line of Greens Prairie Road West; THENCE North 43 degrees 08 minutes 28 seconds East, 1233.00 feet along Greens Prairie Road West to a 3/8 inch steel road (bent) found for corner; THENCE South 49 degrees 13 minutes 20 seconds East, 411.68 feet to a 3/8 inch steel rod found at the South corner of Lot 8, WeUborn Oaks recorded in Volume 345, Page 635 of the Deed Records of Brazos County, Texas; THENCE South 49 degrees 02 minutes 18 seconds East, 392.33 feet to a 3/8 inch steel rod found at the South corner of Lot 9, WeUborn Oaks; THENCE South 48 degrees 48 minutes 30 seconds East, 983.70 feet to a 3/8 inch steel rod found at the South corner of Lot 11, Wellborn Oaks; THENCE South 48 degrees 30 minutes 49 seconds East, 488.99 feet to a 3/8 inch steel rod found at the South corner of Lot 12, Wellborn Oaks; THENCE South 48 degrees 09 minutes 51 seconds East, 388.37 feet to a 112 inch steel rod set on the West line of Greens Prairie Trail (100' R.O.W.); THENCE Southwesterly, 820.18 feet along a nontangent curve to the left in Greens Prairie Trail having a radius of 1010.00 feet and a central angle of 46 degrees 31 minutes 40 seconds (Chord bears South 18 degrees 32 minutes 29 seconds West, 797.83 feet) to a 5/8 inch steel rod found at the point of tangency; TEHNCE South 04 degrees 43 minutes 21 seconds East, 1452.01 feet to a 5/8 inch steel rod found at a point of curve; THENCE Southwesterly, 743.74 feet along a curve to the right of Greens Prairie Trail having a radius of 904.93 feet and a central angle of 47 degrees 05 minutes 23 seconds (Chord bears South 18 degrees 49 minutes 20 seconds West, 722.98 feet) to a 518 inch steel rod found at the point of tangency; THENCE South 42 degrees 22 minutes 02 seconds West, 194.62 feet to a 5/8 inch steel rod found at a point of curve; THENCE Southwesterly, 52.55 feet along a curve to the right having a radius of35.00 feet and a central angle of86 degrees 01minutes33 seconds (Chord bears South 85 degrees 22 minutes 48 seconds West, 47. 75 feet) to a 5/8 inch steel rod found for corner; THENCE South 44 degrees 52 minutes 55 seconds West, 24.00 feet to a point near the center ofRoyder Road (gravel); THENCE generally with the center of Royder Road as follows: North 45 degrees 56 minutes 20 seconds West, 94.15 feet to point; North 41degrees08 minutes 28 seconds West, 181.52 feet to a point; North 38 degrees 13 minutes 13 seconds West, 287.27 feet to a point; North 40 degrees 13 minutes 39 seconds West, 121.73 feet to a point; North 47 degrees 29 minutes 30 seconds West, 112.50 feet to a point; North 47 degrees 33 minutes 46 seconds West, 1775.11 feet to the Point of Beginning, containing 171.851 acres of land. 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. And that our records reflect that the following is a true and correct list of documents affecting title to the real property described supra between the dates of January 20, 2014 and May 20, 2014 : None of record This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. Univenity Title Company By:~~~. L~ GF No .: 140437 Examiner: Angela Bankston Effective Date : September 3, 2014 STATE OF TEXAS COUNTY OF BRAZOS NOTHING FURTHER CERTIFICATE THIS IS TO CERTIFY : That we have examined the records of the County Clerk of Brazos County, Texas as they are reflected in the geographically indexed title plant of University Title Company as to the following property, to-wit: Being all that tract ofland in Brazos County, Texas, out of the Samuel Davidson League, A-13 Survey and a part of the Jesse Bledsoe Survey, A-71, consisting of the following tracts recorded in the Deed Records of Brazos County, Texas: Part of that called First Tract of 200 acres described in a Deed to B. F. Vance recorded in Volume 142, Page 273, all of that called Second Tract of 50.6 acres described in said Volume 142, Page 273, all of that called 2.6 acres described in Volume 177, Page 309, all of that called 6 acres described in Volume 152, Page 234, that 1 acre described in Volume 210, Page 148, that 1.25 acres described in Volume 187, Page 522, that 1 acre described in Volume 282, Page 601, part of that 1 acre described in Volume 509, Page 786, that 2. 7 acres described in Volume 262, Page 107, all of that tract described in Volume 163, Page 69, part of that 102.0 acres described in a Deed to Betty V. Goss, B. F. Vance, Jr. and William R. Vance, Trustees of the VRV Trust recorded in Volume 1020, Page 325 of the Deed Records of Brazos County, Texas, and being further described as follows: BEGINNING at a 5/8" steel rod found in Royder Road, being the West comer of said 200 acres; THENCE North 42 degrees 26 minutes 14 seconds East, 420.00 feet to a 5/8 inch steel rod found for comer; THENCE North 47 degrees 33 minutes 18 seconds West, 555.34 feet to a 5/8 inch steel rod found for comer; THENCE North 42 degrees 30 minutes 52 seconds East, 629.86 feet to a rock found for comer; THENCE North 47 degrees 33 minutes 26 seconds West, 630.51 feet to a 5/8 inch steel rod found for comer; THENCE South 42 degrees 26 minutes 14 seconds West, 117.33 feet to a 5/8 inch steel rod I ' ' l To: RME Consulting Engineers 3800 SH No. 6 , Suite 108G College Station, TX 77845 Please Remit To : University Title Company 1021 University Drive East College Station, TX 77840 979.260.9818 INVOICE Invoice #: 1851 From: Invoice Date: 9/16/2014 File Number: 140437 University Title Company 1021 University Drive East College Station, TX 77840 979 .260 .9818 , Thank you! Subtotal Tax@ 8.25 °/e Non Taxable Amt. Grand Total $4 .13 $0.00 $54.13 ..... ' found for corner; THENCE North 47 degrees 33 minutes 46 seconds West, 209.00 feet to a 5/8 inch steel rod found for corner; THENCE North 42 degrees 26 minutes 14 seconds East, 22.17 feet to a S/8 inch steel rod found for corner; THENCE South 49 degrees 10 minutes 54 seconds East, 51.62 feet to a 5/8 inch steel rod found for corner; THENCE North 40 degrees 58 minutes 56 seconds East, 262.73 feet to a 1/2 inch steel rod (bent) found for corner; THENCE North 41degrees42 minutes 31 seconds West, 100.00 feet to a 5/8 inch steel rod . found for corner; THENCE North 37 degrees 25 minutes 18 seconds West, 97.02 feet to a 5/8 inch steel rod found for comer' THENCE North 44 degrees 09 minutes 00 seconds West, 213.79 feet to a cotton spindle found for corner on the Southeast line of Greens Prairie Road West; THENCE North 43 degrees 08 minutes 28 seconds East, 1233.00 feet along Greens Prairie Road West to a 3/8 inch steel road (bent) found for corner; THENCE South 49 degrees 13 minutes 20 seconds East, 411.68 feet to a 3/8 inch steel rod found at the South corner of Lot 8, Wellborn Oaks recorded in Volume 345, Page 635 of the Deed Records of Brazos County, Texas; THENCE South 49 degrees 02 minutes 18 seconds East, 392.33 feet to a 3/8 inch steel rod found at the South corner of Lot 9, Wellborn Oaks; THENCE South 48 degrees 48 minutes 30 seconds East, 983. 70 feet to a 3/8 inch steel rod found at the South corner of Lot 11, Wellborn Oaks; THENCE South 48 degrees 30 minutes 49 seconds East, 488.99 feet to a 3/8 inch steel rod found at the South corner of Lot 12, Wellborn Oaks; THENCE South 48 degrees 09 minutes 51 seconds East, 388.37 feet to a 112 inch steel rod set on the West line of Greens Prairie Trail (100' R.O.W.); THENCE Southwesterly, 820.18 feet along a nontangent curve to the left in Greens Prairie Trail having a radius of 1010.00 feet and a central angle of 46 degrees 31minutes40 seconds (Chord bears South 18 degrees 32 minutes 29 seconds West, 797.83 feet) to a S/8 inch steel rod found at the point of tangency; TEHNCE South 04 degrees 43 minutes 21 seconds East, 1452.01 feet to a S/8 inch steel rod found at a point of curve; THENCE Southwesterly, 743.74 feet along a curve to the right of Greens Prairie Trail having a radius of 904.93 feet and a central angle of 47 degrees 05 minutes 23 seconds (Chord bears South 18 degrees 49 minutes 20 seconds West, 722.98 feet) to a 5/8 inch steel rod found at the point of tangency; THENCE South 42 degrees 22 minutes 02 seconds West, 194.62 feet to a 5/8 inch steel rod found at a point of curve; THENCE Southwesterly, 52.55 feet along a curve to the right having a radius of35.00 feet and a central angle of 86 degrees 01 minutes 33 seconds (Chord bears South 85 degrees 22 minutes 48 seconds West, 47.75 feet) to a 5/8 inch steel rod found for corner; THENCE South 44 degrees 52 minutes 55 seconds West, 24.00 feet to a point near the center of Royder Road (gravel); THENCE generally with the center of Royder Road as follows: North 45 degrees 56 minutes 20 seconds West, 94.15 feet to point; North 41degrees08 minutes 28 seconds West, 181.52 feet to a point; North 38 degrees 13 minutes 13 seconds West, 287.27 feet to a point; North 40 degrees 13 minutes 39 seconds West, 121.73 feet to a point; North 47 degrees 29 minutes 30 seconds West, 112.50 feet to a point; North 47 degrees 33 minutes 46 seconds West, 1775.11 feet to the Point of Beginning, containing 171.851 acres of land. 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. And that our records reflect that the following is a true and correct list of documents affecting title to the real property described supra between the dates of May 20, 2014 and September 3, 2014: t • a • .. • c • Release of Lien: From: Prosperity Bank successor to First Victoria National Bank To: Creek Meadows Partners, LP Dated: July 25, 2014 Recorded: Volume 12214, Page 76, Official Records, Brazos County, Texas. (Releases Deed of Trust in Volume 7796, Page 110, Official Records, Brazos County, Texas.) This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. University Title Company ~~ By:~-~--~---'~--~--'-"-~---- GFNo.: 134157 Examiner: Angela Bankston · Effective Date: September 8, 2013 STATE OF TEXAS COUNTY OF BRAZOS NOTHING FURTHER CERTIFICATE TillS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they are reflected in the geographically indexed title plant of University Title Company as to the following property, to-wit: Being all that tract ofland in Brazos County, Texas, out of the Samuel Davidson League, A-13 Survey and a part of the Jesse Bledsoe Survey, A-71, consisting of the following tracts recorded in the Deed Records of Brazos County, Texas: Part of that called First Tract of 200 acres described in a Deed to B. F. Vance recorded in Volume 142, Page 273, all of that called Second Tract of 50.6 acres described in said Volume 142, Page 273, all of that called 2.6 acres described in Volume 177, Page 309, all of that called 6 acres described in Volume 152, Page 234, that 1 acre described in Volume 210, Page 148, that 1.25 acres described in Volume 187, Page 522, that 1 acre described in Volume 282, Page 601, part of that 1 acre described in Volume 509, Page 786, that 2.7 acres described in Volume 262, Page 107, all of that tract described in Volume 163, Page 69, part of that 102.0 acres described in a Deed to Betty V. Goss, B. F. Vance, Jr. and William R. Vance, Trustees of the VRV Trust recorded in Volume 1020, Page 325 of the Deed Records of Brazos County, Texas, and being further described as follows: BEGINNING at a 5/8" steel rod found in Royder Road, being the West corner of said 200 acres; THENCE North 42 degrees 26 minutes 14 seconds East, 420.00 feet to a 5/8 inch steel rod found for corner; THENCE North 47 degrees 33 minutes 18 seconds West, 555.34 feet to a 5/8 inch steel rod found for corner; THENCE North 42 degrees 30 minutes 52 seconds East, 629.86 feet to a rock found for corner; THENCE North 47 degrees 33 minutes 26 seconds West, 630.51 feet to a 5/8 inch steel rod found for corner; THENCE South 42 degrees 26 minutes 14 seconds West, 117.33 feet to a 5/8 inch steel rod To: RME Consulting Engineers 3800 SH No . 6 , Suite 108G College Station, TX 77845 Please Remit To: University Title Company l 021 University Drive East College Station, TX 77840 979.260 .9818 INVOICE Invoice #: 1005 Invoice Date: 9/17/2013 File Number: 134157 From: University Title Company 1021 University Drive East College Station, TX 77840 979.260.9818 Thank you! Subtotal Tax@8.25 % Non Taxable Amt. Grand Total $103 .00 $8 .50 $0 .00 $111.50 found for corner; THENCE North 47 degrees 33 minutes 46 seconds West, 209.00 feet to a 5/8 inch steel rod found for corner; THENCE North 42 degrees 26 minutes 14 seconds East, 22.17 feet to a 5/8 inch steel rod found for corner; THENCE South 49 degrees 10 minutes 54 seconds East, Sl.62 feet to a 5/8 inch steel rod found for corner; THENCE North 40 degrees 58 minutes 56 seconds East, 262.73 feet to a 1/2 inch steel rod (bent) found for corner; THENCE North 41degrees42 minutes 31 seconds West, 100.00 feet to a 5/8 inch steel rod found for corner; THENCE North 37 degrees 25 minutes 18 seconds West, 97.02 feet to a 5/8 inch steel rod found for corner' THENCE North 44 degrees 09 minutes 00 seconds West, 213.79 feet to a cotton spindle found for corner on the Southeast line of Greens Prairie Road West; THENCE North 43 degrees 08 minutes 28 seconds East, 1233.00 feet along Greens Prairie Road West to a 3/8 inch steel road (bent) found for corner; THENCE South 49 degrees 13 minutes 20 seconds East, 411.68 feet to a 3/8 inch steel rod found at the South corner of Lot 8, W ellbom Oaks recorded in Volume 345, Page 635 of the Deed Records of Brazos County, Texas; THENCE South 49 degrees 02 minutes 18 seconds East, 392.33 feet to a 3/8 inch steel rod found at the South corner of Lot 9, Wellborn Oaks; THENCE South 48 degrees 48 minutes 30 seconds East, 983.70 feet to a 3/8 inch steel rod found at the South corner of Lot 11, Wellborn Oaks; THENCE South 48 degrees 30 minutes 49 seconds East, 488.99 feet to a 3/8 inch steel rod found at the South corner of Lot 12, Wellborn Oaks; THENCE South 48 degrees 09 minutes 51 seconds East, 388.37 feet to a 112 inch steel rod set on the West line of Greens Prairie Trail (100' R.O.W.); THENCE Southwesterly, 820.18 feet along a nontangent curve to the left in Greens Prairie Trail having a radius of 1010.00 feet and a central angle of 46 degrees 31 minutes 40 seconds (Chord bears South 18 degrees 32 minutes 29 seconds West, 797.83 feet) to a 5/8 inch steel rod found at the point of tangency; TEHNCE South 04 degrees 43 minutes 21 seconds East, 1452.01 feet to a 5/8 inch steel rod found at a point of curve; THENCE Southwesterly, 743. 74 feet along a curve to the right of Greens Prairie Trail having a radius of 904.93 feet and a central angle of 47 degrees 05 minutes 23 seconds (Chord bears South 18 degrees 49 minutes 20 seconds West, 722.98 feet) to a 5/8 inch steel rod found at the point of tangency; THENCE South 42 degrees 22 minutes 02 seconds West, 194.62 feet to a 5/8 inch steel rod found at a point of curve; THENCE Southwesterly, 52.55 feet along a curve to the right having a radius of35.00 feet and a central angle of 86 degrees 01 minutes 33 seconds (Chord bears South 85 degrees 22 minutes 48 seconds West, 47.75 feet) to a 5/8 inch steel rod found for corner; THENCE South 44 degrees 52 minutes 55 seconds West, 24.00 feet to a point near the center of Royder Road (gravel); THENCE generally with the center of Royder Road as follows: North 45 degrees 56 minutes 20 seconds West, 94.15 feet to point; North 41degrees08 minutes 28 seconds West, 181.52 feet to a point; North 38 degrees 13 minutes 13 seconds West, 287.27 feet to a point; North 40 degrees 13 minutes 39 seconds West, 121.73 feet to a point; North 47 degrees 29 minutes 30 seconds West, 112.50 feet to a point; North 47 degrees 33 minutes 46 seconds West, 1775.11 feet to the Point of Beginning, containing 171.851 acres of land. 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. And that our records reflect that the following is a true and correct list of documents affecting title to the real property described supra between the dates of August 2, 2012 and Septembers, 2013 : Extension: Dated: October 15, 2012 Recorded: Volume 11121, Page 204, Official Records, Brazos County, Texas. (Modifies and Extends Deed of Trust recorded in Volume 7796, Page 110, Official Records, Brazos County, Texas.) This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. University Title Company ... ,.,,7 By:~-~--~~--~·=··=--=:-_:~---<-~/_<_~,....._-____________ ~ GFNumber: Effective Date : Examiner: 00090644 November 20, 2011 ARB NOTHING FURTHER CERTIFICATE STA TE OF TEXAS COUNTY OF BRAZOS THIS IS TO CERTIFY; That we have examined the records of the County Clerk ofBraz.os County, Texas as they are reflected in the geographically indexed title plant of University Title Company as to the following property, to- wit: Being all that tract of land in Brazos County, Texas, out of the Samuel Davidson League, A-13 Survey and a part of the Jesse Bledsoe Survey, A-71, consisting of the following tracts recorded in the Deed Records of Brazos County, Texas: Part of that called First Tract of 200 acres described in a Deed to 8. F. Vance recorded in Volume 142, Page 273, all of that called Second Tract of 50.6 acres described in said Volume 142, Page 273, all of that called 2.6 acres described in Volume 177, Page 309, all of that called 6 acres described in Volume 152 , Page 234, that I. acre described in Volume 210, Page 148, that 1.25 acres described in Volume 187, Page 522, that 1 acre described in Volume 282, Page 601, part oftbat l acre described in Volume 509, Page 786, that 2.7 acres described In Volume 262, Page 107, all of that tract described in Volume 163, Page 69, part of that 102.0 acres described in a Deed to Betty V. Goss, B. F. Vance, Jr. and William R. Vance, Trustees oftbe VRV Trust recorded in Volume 1020, Page 325 of the Deed Records of Brazos County, Texas, and being further described as .follows : BEGINNING at a 518" steel rod found in Royder Road, being the West corner of said 200 acres; THENCE North 42 degrees 26 minutes 14 seconds East, 420.00 feet to a 518 inch steel rod found for corner; THENCE North 47 degrees 33 minutes 18 seconds West, 555.34 feet to a 5/8 inch steel rod found for corner; THENCE North 42 degrees 30 minutes 52 seconds East, 629.86 feet to a rock found for corner; THENCE North 47 degrees 33 minutes 26 seconds West, 630.51 feet to a 518 inch steel rod found for corner; THENCE So uth 42 degrees 26 minutes 14 seconds West, 117.33 feet to a 5/8 inch steel rod found for comer; THENCE North 47 degrees 33 minutes 46 seconds West, 209.00 feet to a 518 inch steel rod found for corner; THENCE North 42 degrees 26 minutes 14 seconds East, 22 .17 feet to a 5/8 inch steel rod found for corner; THENCE South 49 degrees 10 minutes 54 seconds East, 51 .62 feet to a 5/8 inch steel rod found for corner; THENCE North 40 degrees 58 minutes 56 seconds East, 262.73 feet to a 112 inch steel rod (bent) found for corner; THENCE North 41 degrees 42 minutes 31 seconds West, 100.00 feet to a 5/8 inch steel rod found for corner; THENCE North 37 degrees 25 minutes 18 seconds West, 97.02 feet to a 5/8 inch steel rod found for corner' THENCE North 44 degrees 09 minutes 00 seconds West, 213.79 feet to a cotton spindle found for corner on the Southeast line of Greens Prairie Road West; THENCE North 43 degrees 08 minutes 28 seconds East, 1233.00 feet along Greens Prairie Road West to a 3/8 inch steel road (bent) found for corner; THENCE South 49 degrees 13 minutes 20 seconds East, 411.68 feet to a 3/8 inch steel rod found at the South corner of Lot 8, Wellborn Oaks recorded in Volume 345, Page 635 of the Deed Records of Brazos County, Texas; THENCE South 49 degrees 02 minutes 18 seconds East, 392.33 feet to a 3/8 inch steel rod found at the South corner of Lot 9, Wellborn Oaks; TR ENCE South 48 degrees 48 minutes 30 seconds East, 983. 70 feet to a 3/8 inch steel rod found at the South corner of Lot 11, Wellborn Oaks; THENCE South 48 degrees 30 minutes 49 seconds .East, 488.99 feet to a 3/8 inch steel rod found at the South corner or Lot 12, Wellborn Oaks; THENCE South 48 degrees 09 minutes 51 seconds East, 388.37 feet to a J/2 inch steel rod set on the West line of Greens Prairie Trail (100' RO.W.); THENCE Southwesterly, 820.18 feet along a nontangeot curve to the left in Greens Prairie Trail having a radius of 1010.00 feet and a central angle of 46 degrees 31 minutes 40 seconds (Chord bears South 18 degrees 32 minutes 29 seconds West, 797.83 feet) to a 5/8 Inch steel rod found at the point of tangency; TEH.NCE South 04 degrees 43 minutes 21 seconds East, 1452.01 feet to a 5/8 inch steel rod found at a point of curve; THENCE Southwesterly, 743.74 feet along a curve to the right of Greens Prairie Trail having a radius or 904.93 feet and a central angle of 47 degrees 05 minutes 23 seconds (Chord bean South 18 degrees 49 minutes 20 seconds West, 722.98 feet) to a 5/8 inch steel rod found nt the point of tangency; THENCE South 42 degrees 22 minutes 02 seconds West, 194.62 feet to a 5/8 inch steel rod found at a point of curve; TH.ENCE Southwesterly, 52.55 feet aloug a curve to the right having a radius of 35.00 feet and a central angle of 86 degrees 01 minutes 33 seconds (Chord bears South 85 degrees 22 minutes 48 seconds West, 47. 75 feet) to a 518 inch steel rod found for corner; THENCE South 44 degrees 52 minutes 55 seconds West, 24.00 feet to a point near the center of Royder Road (gravel); THENCE generally with the center orRoyder Road as follows: North 45 degrees 56 minutes 20 seconds West, 94.15 feet to point; North 41degrees08 minutes 28 seconds West, 181.52 feet to a point; North 38 degrees 13 minutes 13 seconds West, 287.27 feet to a point; North 40 degrees 13 minutes 39 seconds West, 121.73 feet to a point; North 47 degrees 29 minutes 30 seconds West, 112.50 feet to a point; North 47 degrees 33 minutes 46 seconds West, 1775.11 feet to the Point of Beginning, containing 171.851 acres of land. 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. and that our records reflect that the following is a true and correct list of docwnents affecting title to the real property described supra between the dates of July 28, 2011 and November 20, 2011 : Extension : Dated: July 15, 2011 Recorded: Volume 10330, Page 88, Official Records, Brazos County, Texas. (Modifies and Extends Deed of Trust recorded in Volume 8398, Page 70, Official Records, Brazos County, Texas.) Thi s certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title . By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same . We have not made any examination as to property taxes, tax suits, special assessments or conflicts . University Title Company B~~~ (rdf) GF N umber. 00090644 Effective Date: August 2, 2012 STATE OF TEXAS COUNTY OF BRAZOS NOTHING FURTHER CERTIFICATE TIDS IS TO CERTIFY: That we have examined the records of the County Clerk ofBl'llZos County, Texas as they are reflec ted in the geographically indexed title plant of University Title Company as to the following property, to- wit: Being all that tract of land In Brazos County, Texas, out or the Samuel Davidson League, A-13 Survey and a part of the Jesse Bledsoe Survey, A-71 , consisting of the following tracts recorded In the Deed Records of Brazos County, Texas: Part of that called First Tract of 200 acres described In a Deed to B. F. Vance recorded lo Volume 142, Page 273 , all of that called Second Tract of 50.6 acres described In said Volume 142, Page 273, all of that called 2.6 acres described in Volume 177, Page 309, all of that called 6 acres described In Volume 152, Page 234, that 1 acre described In Volume 210, Page 148, that 1.25 acres described In Volume 187, Page 522, that 1 acre described In Volume 282, Page 601, part of that 1 acre described in Volume 509, Page 786, that 2.7 acres described in Volume 262, Page 107, all of that tract described lo Volume 163, Page 69, part of that 102.0 acres described in a Deed to Betty V. Goss, B . F . Vance, Jr. and William R . Vance, Trustees of the VRV Trust recorded in Volume 1020, Page 325 of the Deed Records of Brazos County, Texas, and being further described as follows: BEGINNING at a 5/8" steel rod found in Royder Road, being the West corner of said 200 acres; THENCE North 42 degrees 26 minutes 14 seconds East, 420.00 feet to a 5/8 lncb steel rod found for corner; THENCE North 47 degrees 33 minutes 18 secouds West, 555.34 feet to a 518 Inch steel rod found for corner; THE NCE North 42 degrees 30 minutes 52 seconds E ast, 629.86 feet to a rock found for corner; THENCE North 47 degrees 33 minutes 26 seconds West, 630.51 feet to a 518 Inch steel rod found for corner; THENC E South 42 degrees 26 minutes 14 seconds West, 117.33 feet to a 5/8 Inch steel rod found for corner; THENCE North 47 degrees 33 minutes 46 seconds West, 209.00 feet to a 5/8 Inch steel rod found for corner ; THENCE North 42 degrees 26 minutes 14 seconds East, 22.17 feet to a 518 Inch steel rod found for corner; THE NCE South 49 degrees 10 minutes 54 seconds East, 51 .62 feet to a 5/8 Inch steel rod found for corner; THENCE North 40 degrees 58 minutes 56 seconds East, 262.73 feet to a 1/2 Inch steel rod (bent) found for corner; THENCE North 41 degrees 42 minutes 31 seconds West, 100.00 feet to a 5/8 Inch steel rod found for corner; THEN CE North 37 degrees 25 minutes 18 seconds West, 97.02 feet to a 5/8 inch steel rod found for corner' THENCE North 44 degrees 09 minutes 00 seconds West, 213.79 feet to a cotton spindle found for corner on the Southeast line of Greens Prairie Road West; THENCE North 43 degrees 08 minutes 28 seconds E ast, 1233.00 feet along Greens Prairie Road West to a 3/8 inch steel road (bent) found for corner; THENCE South 49 degrees 13 minutes 20 seconds East, 411.68 feet to a 3/8 inch steel rod found at the South comer of Lot 8, Wellborn Oaks recorded in Volume 345, Page 635 of the Deed Records of Brazos County, Texas; THENCE South 49 degrees 02 minutes 18 seconds East, 392.33 feet to a 3/8 Inch steel rod found at the South comer of Lot 9, Wellborn Oaks; THENCE South 48 degrees 48 minutes 30 seconds East, 983. 70 feet to a 3/8 inch steel rod found at the South corner of Lot 11, WeUbom Oaks; THENCE South 48 degrees 30 minutes 49 seconds East, 488.99 feet to a 3/8 Inch steel rod found at the South corner of Lot 12, WeUborn Oaks; THENCE South 48 degrees 09 minutes 51 seconds East, 388.37 feet to a 112 Inch steel rod set on the West line of Greens Prairie Trail (100' R.0.W.); THENCE Southwesterly, 820.18 feet along a nontangent curve to the left in Greens Prairie Trail having a radius of 1010.00 feet and a central angle of 46 degrees 31 minutes 40 seconds (Chord bears South 18 degrees 32 minutes 29 seconds West, 797.83 feet) to a 5/8 inch steel rod found at the point of tangency; TERNCE South 04 degrees 43 minutes 21 seconds East, 1452.01 feet to a 518 inch steel rod found at a point of curve; THENCE Southwesterly, 743 .74 feet along a curve to the right of Greens Prairie Trail having a radius of 904.93 feet and a central angle of 47 degrees 05 minutes 23 seconds (Chord bears South 18 degrees 49 minutes 20 seconds West, 722.98 feet) to a 5/8 inch steel rod found at the point of tangency; THENCE South 42 degrees 22 minutes 02 seconds West, 194.62 feet to a 5/8 inch steel rod found at a point of curve; THENCE Southwesterly, 52.55 feet along a curve to the right having a radius of 35.00 feet and a central angle of 86 degrees 01 minutes 33 seconds (Chord bears South 85 degrees 22 minutes 48 seconds West, 47.75 feet) to a 5/8 Inch steel rod found for corner; THENCE South 44 degrees 52 minutes SS seconds West, 24.00 feet to a point near the center of Royder Road (gravel); THENCE generaUy with the center of Royder Road as foUows: North 45 degrees 56 minutes 20 seconds West, 94.IS feet to point; North 41 degrees 08 minutes 28 seconds West, 181.52 feet to a point; North 38 degrees 13 minutes 13 seconds West, 287.27 feet to a point; North 40 degrees 13 minutes 39 seconds West, 121.73 feet to a point; North 47 degrees 29 minutes 30 seconds West, 112.50 feet to a point; North 47 degrees 33 minutes 46 seconds West, 177!!.ll feet to the Point of Beginning, containing 171.8Sl acres of land. 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. and that our records reflect that the following is a true and correct list of documc:ots affecting title to the real property described supra between the dates of November 20, 201 I and August 2, 2012 : Easement: From : Creek Meadows Partners, LP To: City of College Station Dated: October 26, 2011 Recorded: Volume 10420, Page 2S3, Official Records, Brazos County, Texas. Extension: Dated: March 30, 2012 Recorded : Volume 10731, Page 164, Official Records, Brazos County, Texas. (Modifies and Extends Deed of Trust in Volume 8398, Page 70, Official Records, Brazos County, Texas) Plat: From : Creek Meadows Partners, LP To: The Public Dated : June 7, 2012 Recorded: Volume 10785, Page 162, Official Records, Brazos County, Texas. (Affects a portion of the property shown above) This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the i~er hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property truces, true suits, special assessments or conflicts. GF N umber: 00090644 Effective Date : July 28 , 2011 ST ATE OF T EXAS COUNTY OF BRAZOS NOTHING FURTHER CERTIFICATE THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos County, Texas as they are reflected in the geographically indexed title plant of University Title Company as 10 the following property, 10- wit Being all that tract of land In Brazos County, Texas, out of the Samuel Davidson League, A-13 Survey and a part of the Jesse Bledsoe Survey, A-71, consisting of the following tracts recorded In the Deed Records of Brazos County, Texas: Part of that called First Tract of ,200 acres described lo a Deed to B . F. Vance recorded In Volume 142, Page 273, all of that called Second Tract of 50.6 acres described In said Volume 142, Page 273, all of that called 2.6 acres described in Volume 177, Page 309, all of that called 6 acres described In Volume 152, Page 234, that 1 acre described lo Volume 210, Page 148, that 1.25 acres described In Volume 187, Page 522, that 1 acre described in Volume 282, Page 601, part of that 1 acre described in Volume 509, Page 786, that 2.7 acres described In Volume 262, Page 107, all of that tract described In Volume 163, Page 69, part of that 102.0 acres described in a Deed to Betty V. Goss, B. F. Vance, Jr. and William R. Vance, Trustees of the VRV Trust recorded lo Volume 1020, Page 325 of the Deed Records of Brazos County, Texas, and being further described as follows : BEGINNJNG at 11 5/8" steel rod found In Royder Road, being the West corner of said 200 acres; THENCE North 42 degrees 26 minutes 14 seconds East, 420.00 feet to a 5/8 loch steel rod found for comer; THENCE North 47 degrees 33 minutes 18 seconds West, 555.34 feet to a 5/8 inch steel rod found for corner; THENCE North 42 degrees 30 minutes 52 seconds East, 629.86 feet to a rock found for corner; THENC E North 47 degrees 33 minutes 26 seconds West, 630.Sl feet to a 518 inch steel rod found for corner; THENC E South 42 degrees 26 minutes 14 seconds West, 117.33 feet to a 5/8 Inch steel rod found for corner; THENCE North 47 degrees 33 minutes 46 seconds West, 209.00 feet to a 5/8 inch steel rod found for corner; THENCE North 42 degrees 26 minutes 14 seconds East, 22 .17 feet to a S/8 inch steel rod found for corner; THENCE South 49 degrees 10 minutes 54 seconds East, Sl.62 feet to a 5/8 inch steel rod found for corner; THENCE North 40 degrees 58 minutes S6 seconds East, 262.73 feet to a 1/2 inch steel rod (bent) found for corner; THENCE North 41 degrees 42 minutes 31 seconds West, 100.00 feet to a 518 inch steel rod found for corner; THENCE North 37 degrees 25 minutes 18 seconds West, 97.02 feet to a 518 inch steel rod found for corner' THENCE North 44 degrees 09 minutes 00 seconds West, 213.79 feet to a cotton spindle found for corner on the Southeast line of Greens Prairie Road West; THE NCE North 43 degrees 08 minutes 28 seconds East, 1233.00 feet along Greens Prairie Road West to a 3/8 inch steel road (bent) found for corner; THENCE South 49 degrees 13 minutes 20 seconds East, 411.68 feet to a 3/8 inch steel rod found at the South corner of Lot 8, Wellborn Oaks recorded In Volume 345, Page 635 of the Deed Records of Brazos County, Texas; THENCE South 49 degrees 02 minutes 18 seconds East, 392.33 feet to a 3/8 Inch steel rod found at the South corner of Lot 9, Wellborn Oaks; THENCE South 48 degrees 48 minutes 30 seconds East, 983.70 feet to a 3/8 inch steel rod found at the South comer of Lot 11, Wellborn Oaks; THENCE South 48 degrees 30 minutes 49 seconds East, 488.99 feet to a 318 inch steel rod found at the South corner of Lot 12, Wellborn Oaks; THENCE South 48 degrees 09 minutes 51 seconds East, 388.37 feet to a J/2 Inch steel rod set on the West line of Greens Prairie Trail (JOO' R.O.W.); THENCE Southwesterly, 820.18 feet along a nontangent curve to the left in Greens Prairie Trail having a radius of 1010.00 feet and a central angle of 46 degrees 31 minutes 40 seconds (Chord bears South 18 degrees 32 minutes 29 seconds West, 797 .83 feet) to a 518 inch steel rod found at the point of tangency; TEHNCE South 04 degrees 43 minutes 21 seconds East, 1452.01 feet to a 518 Inch steel rod found at a point of curve; THENCE Southwesterly, 743.74 feet along a curve to the right of Greens Prairie Trail having a radius of 904.93 feet and a central angle of 47 degrees OS minutes 23 seconds (Chord bears South 18 degrees 49 minutes 20 seconds West, 722.98 feet) to a 518 Inch steel rod found at the point of tangency; THENCE South 42 degrees 22 minutes 02 seconds West, 194.62 feet to a 518 inch steel rod found at a point of curve; THENCE Southwesterly, S2.5S feet along a curve to the right having a radius of 3S.OO feet and a central angle of 86 degrees 01 minutes 33 seconds (Chord bears South 85 degrees 22 minutes 48 seconds West, 47. 7S feet) to a S/8 inch steel rod found for comer; THENCE South 44 degrees 52 minutes SS seconds West, 24.00 feet to a point near the center of Royder Road (gravel); THENCE generally with the center ofRoyder Road as follows: North 4S degrees 56 minutes 20 seconds West, 94.15 feet to point; North 41 degrees 08 minutes 28 seconds West, 181.52 feet to a point; North 38 degrees 13 minutes 13 seconds West, 287.27 feet to a point; North 40 degrees 13 minutes 39 seconds West, 121.73 feet to a point; North 47 degrees 29 minutes 30 seconds West, 112.50 feet to a point; North 47 degrees 33 minutes 46 seconds West, 1775.11 feet to the Point of Beginning, containing 171.8Sl acres of land. NOTE: The Company Is prohibited from Insuring the area or quantity of the land described herein. Any statement lo 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 and does not override Item 2 of Schedule B hereof. and that our records reflect that the following is a true and correct list of documents affecting title to the real property described supra between the dates of April 3, 2011 and July 28, 2011 : Easement : From: To: Dated: Re corded: Extension: Dated : Recorded: Extension: Dated : Recorded : Creek Meadows Partners, L.P. City of College Station April 2S, 2011 Volume 10125, Page 102, Official Records, Brazos County, Texas. January 15, 2011 Volume 10190, Page 205, Official Records, Brazos County, Texas. (Modifies and Extends Deed of Trust in Volume 7796, Page I 10, Official Records of Brazos County, Texas) April 27, 2011 Volume 10190, Page 213, Official Records, Brazos County, Texas. (Modifies and Extends Deed of Trust in Volume 9377, Page 14, Official Records of Brazos County, Texas) This certificate is issued with the express understanding , evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assess ments or conflicts . University Title Company ~ ·, ( ) GP Number. Effective Date: April 3, lOll Examiner. LBJ STA TE OF TEXAS COUN1Y OF BRAZOS NOTHING FURTHER CERTIFICATE nns IS TO CERTIFY: That we have examined the records of the Collllty Clerk offirazos County, Texas as they are reflected in the geographically indexed title plant of University Title Company as to the following property, ta wit: Being all that tract of laud io Brazos County, Texas, out of the Samuel Davidaon Leaaue, A-13 Survey and a part of the Jesse Bledsoe Survey, A-71, cooslJtlng of the following tracts recorded in the Deed Records of Brazos Coooty, Texas: Part of that called First Tract of 200 acres described in a Deed to B. F. Vance recorded in Volume 142, Page 273, all of that called Second Tract of 50.6 acres described in said Volume 14l, Paae 273, all of that called l.6 acres described in Volume 177, Paae 309, all of that called 6 acres described lo Volume 152, Paae 234, that 1 acre described lo Volume 210, Page 148, that 1.l5 acres described in Volume 187, Page 522, that 1 acre described lo Volomel82, Page 601, part of that 1 acre described In Volume 509, Page 786, that 2.7 acres described in Volume 26l, Page 107, all of that tract described lo Volume 163, Page 69, part of that 102.0 acres described In a Deed to Betty V. Goss, .B. F. Vance, Jr. and WUUam R. Vance, Trustees of the VRV Trust recorded hi Volume 1020, Page 325 of the Deed Records of Brazos County, Texas, and beln& fUrther described as follows: BEGINNING at a 518'' steel rod foood lo Royder Road, beln& the West comer of nid 200 acres; THENCE North 42 degrees 26 minutes 14 seconds East, 420.00 feet to a 518 loch steel rod found for corner; THENCE North 47 devees 33 minutes 18 seconds West, 555.34 feet to a 5/8 loch steel rod found for comer; THENCE North 42 degrees 30 minutes 52 seconds East, 629.86 feet to a rock found for comer; THENCE North 47 dqrees 33 minutes 26 seconds West, 630.51 feet to a 5/8 loch steel rod found for corner; THENCE South 42 degrees 26 minutes 14 seconds West, 117.33 feet to a 5/8 inch steel rod found for corner; THENCE North 47 cteerees 33 minutes 46 seconds West, 209.00 feet to a 5/8 inch steel rod found for corner; THENCE North 42 degrees 26 minutes 14 seconds East, 22.17 feet to a 518 Inch steel rod found for corner; THENCE South 49 dearea 10 minutes S4 seconds East, 51.62 feet to a 518 inch steel rod found for corner; THENCE North 40 degrees 58 minutes 56 seconds East, 262.73 feet to a 112 loch steel rod (bent) found for corner; THENCE North 41 dqrees 42 minutes 31 seconds West, 100.00 feet to a 518 loch steel rod found for corner; THENCE North 37 degrees 2S minutes 18 seconds West, 97.02 feet to a 518 Inch steel rod found for corner' THENCE North 44 degrees 09 minutes 00 seconds West, 213.79 feet to a cotton spindle foood for comer on the Southeast line or Greens Prairie Road West; THENCE North 43 dearea 08 minutes 28 seconds East, 1233.00 feet along Greens Prairie Road West to a 3/8 loch steel road (bent) found for corner; THENCE South 49 degrees 13 mlontes 20 seconds East, 411.68 feet to a 3/8 loch steel rod found at the South comer of Lot 8, Wellborn Oaks recorded lo Volume 345, Paae 635 of the Deed Records of Brazos Couaty, Te:us; THENCE South 49 degrees 02 minutes 18 seconds East, 392.33 feet to a 3/8 Inch steel rod found at the South corner of Lot 9, Wellborn Oaks; THENCE South 48 degrees 48 minutes 30 seconds East, 983.70 feet to a 3/8 inch steel rod found at the South corner of Lot 11, Wellborn Oaks; THENCE South 48 degrees 30 minutes 49 seconds East, 488.99 feet to a 3/8 Inch steel rod found at the South corner of Lot 12, Wellborn Oaks; THENCE South 48 degrees 09 minutes 51 seconds East, 388.37 feet to a 112 Inch steel rod set on the West line of Greem Prairie Trail (100' R.O.W.); THENCE Southwesterly, 820.18 feet aloa& a nontan&ent curve to the left in Greens Prairie Trail having a radius of 1010.00 feet and a central angle of 46 degrees 31 minutes 40 seconds (Chord bean South 18 degrees 32 minutes 29 seconds West, 797.83 feet) to a 5/8 Inch steel rod found at the point of tan1ency; TEHNCE South 04 degrees 43 minutes 21 seconds East, 1452.01 feet to a 5/8 Inch steel rod found at a point of curve; THENCE Southwesterly, 743.74 feet along a curve to the ri&ltt of Greens Prairie Trail having a radius of 904.93 feet and a central angle of 47 degrees 05 minutes 23 seconds (Chord bean South 18 degrees 49 minutes 20 seconds West, 722.98 feet) to a 5/8 Inch steel rod found at the point of tangency; THENCE South 42 degrees 22 min.tes 02 seconds West, 194.62 feet to a 518 inch steel rod found at a point of curve; THENCE Southwesterly, 52.55 feet along a curve to the right having a radius of 35.00 feet and a central angle of 86 degrees 01 millutes 33 seconds (Cliord bean South 8S degrees 22 minutes 48 seconds West, 47.75 feet) to a 5/8 inch steel rod found for comer; THENCE Sooth 44 dearees 52 minutes 55 seconds West, 24.00 feet to a point near the center of Royder Road (gravel}; THENCE generally with the center ofRoyder Road as follows: North 45 degrees 56 minutes 20 seconds West, 94..15 feet to point; North 41 degrees 08 minutes 28 seconds West, 181.52 feet to a point; North 38 de&rees 13 minutes 13 seconds West, 2~.27 feet to a point; North 40 degrees 13 minutes 39 seconds West, 121. 73 feet to a point; North 47 degrees 29 minutes 30 seconds West, 112.50 feet to a point; North 47 degrees 33 minutes 46 seconds West, 1775.11 feet to the Point of Be&inning, containing 171 .851 acres of land. 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 ldentl11cation purposes and does not override Item 2 of Schedule B hereof. and that our records reflect that the following is a true and correct list of documents affectilg title to the real property described supra between the dates of October 11, 2009 and Aprll 3, 2011 : Deed of Trust to secure a Note: Grantor : Creek Meadows Partnen, L.P. Trustee : Timothy C. Jones Beneficiary: Fint Victoria National Bank Amount: Sl,761,000.00 Dated: October 27, 2009 Recorded: Volume 9377, Page 14, Official Records, Brazos County, Texas. (Coven a Portion of Subject Property) F inancing Statement Debtor : Creek Meadows Partnen, LP. Secured Party: Fint Victoria National Bank Dated: October 27, 2009 Recorded: Volume 9377, Page 37, Official Records, Braz.os County, Texas. (Coven a Portion of Subject Property) Public Utility Easement From: Creek Meadows Partners, LP. To: City of CoUege Station Dated: November 19, 2009 Recorded : Volume 9404, Page 77, Official Records, Brazos County, Texas. (Covers a Portion of Subject Property) Temporary Access Easement From: Creek Meadows Partners, LP. To: · City of Colle1e Station Dated: November 19, 2009 Recorded: Volume 9404, Page 89, Oftlclal Records, Brazos County, Texas. (Covers a Portion of Subject Property) Terms, Conditions, and Stipulations in the Encroachment Agreement by and between: Parties: Seminole Pipeline Company and Creek Meadows Partners, LP. Dated: November 19, 2009 Recorded: Volume 9408, Page 74, Official Records, Br87.0s County, Texas. (Covers a Portion of Subject Property) Release of Lien: From: First Community Bank, N.A. formerly First Community Bank The Woodlands, N.A. To: Creek Meadows Properties, LP. Dated: January 14, 2010 Recorded: Volume 9504, Page 173, Oftlcial Records, Brazos County, Texas. (Releases Deed of Trust recorded In Volume 11459, Pace 78, Official Records, Brazos County, Texas.) (Covers a Portion of Subject Property) Release of Lien: From: First Community Bank, N.A. formerly First Community Bank The Woodlands, N.A. To: Creek Meadows Properties, LP. Dated: January 14, 2010 Recorded: Volume 9504, Page 18!, Official Records, Brazos County, Texas. {Releases Deed of Trust recorded in Volume 79!2, Page 247, Official Records, Brazos County, Texas.) (Covers a Portion of Subject Property) Extension: Dated: January 15, 2010 Recorded: Volume 9479, Page 235, OfDclal Records, Brazos County, Texas. (Modifies and Extends Deed of Trust recorded In Volume 7068, Page 227, Ofticial Records, Brazos County, Texas.) (Covers a Portion of Subject Property) Extension: Dated: January 15, 2010 Recorded : Volume 9480, Page 124, Official Records, Brazos Cotmty, Texas. (Modifies and Extends Deed of Trust recorded In Volume 7932, Page 77, Official Records, Drams County, Texas.) (Covers a Portion of Subject Property) Extension: Dated: January 15, 2010 Recorded: Volume 9480, Page 134, Official Records, Brazos County, Texas .. (Modifies and Extends Deed of Trust recorded Jn Volume 7796, Page 110, Official Records, Brazos County, Texas.) (Covers a Portion of Subject Property) Extension: Dated: January 15, 2010 Recorded: Volume 9480, Page 145, Oflk:lal Records, Brazos County, Texas. (Modifies and Extends Deed of Trust recorded in Volume 8398, Page 70, Official Records, Brazos County, Texas.) (Covers a Portion of Subject Property) Extension: Dated: January 15, 2010 Recorded: Volume 9480, Page 157, Official Records, Brazos County, Texas. (Modifies and Extends Deed of Trust recorded In Volume 8398, Page 48, Official Records, Brazos County, Texas.) (Covers a Portion of Subject Property) Plat From: To: Dated: Recorded: Property) Creek Meadows Partnen, LP. The Public January 11, 2010 Volume 9583, Page 148, Official Records, Brazos County, Texas. (Covers a Portion of Subject Second Amended and Restated Declaration of Protective Covenants for Creek Meadows From: To: Dated: Reoorded: Property) Extension: Creek Meadows Partnen, L.P. The Public July 1,2010 Volume 9721, Page 201, Official Records, Brazos County, Texas. (Coven a Portion of Subject Dated: July 15, 2010 Recorded: Volume 9873, Page 47, Offtclal Records, Brazos County, Texas. (Modifies and Extends Deed of Trust recorded In Volume 8398, Pqe 48, Ofriclal Records, Brazos County, Texas.) (Coven a Portion of Subject Property) Extension: Dated: September 30, 2010 Recorded: Volume 9879, Page 51, Official Records, Brazos County, Texas. (Renews and Extends Deed of Trust recorded In Volume 8839, Page 70, Official Records, Brazos County, Texas.) (Coven a Portion of Subject Property) Plat: From: To: Dated: Recorded: Property) Creek Meadows Partnen, L.P. The Public November 10, 2010 Volume 9903, Page 166, Official Records, Brazos County, Texas. (Coven 11 Portion of Subject This certificate is issued with the express understanding, evidenced by the acceptance of same that the undersigned does not undertake to give or express any opinion as to the validity of the title to the property abofe, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor wmranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. GF Number: 00090644 Effective Date: April 27, 2009 STATE OF TEXAS COUNlY OF BRAZOS NOTIDNG FURTHER CERTIFICATE THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Braz.os Coun~, Tex.as as they are reflected in tb.e geographically indexed title plant of University Title Company as to the following property, te wit: Being au that tract of land in Brazos County, Texas, out of the Samuel Davidson League, A-13 Survey and a part of the Jesse Bledsoe Survey, A-71, consisting of the following tracts recorded in the Deed Records of Brazos County, Texas: Part of that called First Tract of 200 acres described in a Deed to B. F. Vance recorded in Volume 14:2, Page :273, all of that called Second Tract of50.6 acres described in said Volume 14:2, Page :273, all of that called 2.6 acres described in Volume 177, Page 309, all of that called 6 acres described in Volume 152, Page 234, that l acre described in Volume :210, Page 148, that 1.25 acres described in Volume 187, Page 522, that 1 acre described in Volume 282, Page 601, part of that 1 acre described in Volume 509, Page 786, that 2.7 acres described in Volume 262, Page 107, all of that tract described in Volume 163, Page 69, part of that 102.0 acres described, in a Deed to Betty V. Goss, B. F. Vance, Jr. and William R. Vance, Trustees of the VRVTrust recorded in Volume 1020, Page325 of the Deed Records of Brazos County, Texas, and being further described as follows: BEGINN~G at a 5/8" steel rod found in Royder Road, being the West corner of said 200 acres; THENCE North 42 degrees 26 minutes 14 seconds East, 420.00 feet to a 5/8 inch steel rod found for corner; THENCE North 47 degrees 33 minutes 18 seconds West, 555.34 feet to a 5/8 inch steel rod found for comer; THENCE North 42 degrees 30 minutes 52 seconds East, 629.86 feet to a rock found for' corner; THENCE North 47 degrees 33 minutes 26 seconds West, 630.51 feet to a 518 inch steel rod found for comer; THENCE South 42 degrees 26 minutes 14 seconds West, 117.33 feet to a 518 inch steel rod found for corner; THENCE North 47 degrees 33 minutes 46 seconds West, 209.00 feet to a 5/8 inch steel rod round for corner; THENCE North 42 degrees 26 minutes 14 seconds East, 22.17 feet to a 5/8 inch steel rod found for corner; THENCE South 49 degrees 10 minutes 54 seconds East, 51.62 feet to a 5/8 inch steel rod found for comer; THENCE North 40 degrees 58 minutes 56 seconds East, 262.73 feet to a l/l inch steel rod (bent) found for corner; THENCE North 41 degrees 42 minutes 31 seconds West, 100.00 feet to a 518 inch steel rod found for comer;. THENCE North 37 degrees 25 minutes 18 seconds West, 97.02 feet to a 5/8 inch steel rod found for corner' THENCE North 44 degrees 09 minutes 00 seconds West, 213.79 feet to a cotton spindle found for corner on the Southeast line of Greens Prairie Road West; THENCE North 43 degrees 08 minutes :28 seconds East, 1233.00 feet along Greens Prairie Road West to a 3/8 inch steel road (bent) found for comer; THENCE South 49 degrees 13 minutes 20 seconds East, 411.68 feet to a 318 inch steel rod found at the South comer of Lot 8, Wellborn Oaks recorded in Volume 345, Page 635 of the Deed Records of Brazos County, Texas; THENCE South 49 degrees 02 minutes 18 seconds East, 392.33 feet to a 318 inch steel rod found at the South corner of Lot 9, Wellborn Oaks; THENCE South 48 degrees 48 minutes 30 seconds East, 983.70 feet to a 318 inch steel rod found at the South corner of Lot 11, Wellborn Oaks; THENCE South 48 degrees 30 minutes 49 seconds East, 488.99 feet to a 318 inch steel rod found at the South corner of Lot 12, Wellborn Oaks; THENCE South 48 degrees 09 minutes SJ seconds East, 388.37 feet to a 112 inch steel rod set on the West line of Greens Prairie Trail (100' R.O.W.); THENCE Southwesterly, 820.18 feet along a nontangent curve to the left in Greens Prairie Trail having a radius of 1010.00 feet and a central angle of 46 degrees 31 minutes 40 seconds (Chord bears South 18 degrees 3:2 minutes 29 seconds West, 797.83 feet) to a 518 inch steel rod found at the point of tangency; TEHNCE South 04 degrees 43 minutes 21 seconds East, 1452.01 feet to a 518 inch steel rod found at a point of curve; THENCE Southwesterly, 743.74 feet along a curve to the right of Greens Prairie Trail having a radius of 904.93 feet and a central angle of 47 degrees 05 minutes 23 seconds (Chord bears South 18 degrees 49 minutes :20 seconds West, 7:22.98 feet) to a 518 inch steel rod found at the point of tangency; THENCE South 42 degrees :22 minutes 02 seconds West, 194.62 feet to a S/8 inch steel rod found at a point of curve; THENCE Southwesterly, 52.55 feet along a curve to the right having a radius of 35.00 feet and a central angle of 86 degrees 01 minutes 33 seconds (Chord bears South 85 degrees :22 minutes 48 seconds West, 47. 75 feet) to a 5/8 inch steel rod found for corner; THENCE South 44 degrees 52 minutes 55 seconds West, 24.00 feet to a point near the center of Royder Road (gravel); · THENCE generally with the center of Royder Road as follows: North 45 degrees 56 minutes 20 seconds West, 94.15 feet to point; North 41 degrees 08 minutes :28 seconds West, 181.52 feet to a point; North 38 degrees 13 minutes 13 seconds West, 287.27 feet to a point; North 40degrees13 minutes 39 seconds West, 121.73 feet to a point; North 47 degrees 29 minutes 30 seconds West, 112.50 feet to a point; North 47 degrees 33 minutes 46 seconds West, 1775.11 feet to the Point of Beginning, containing 171.851 acres of land. 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 and does not override Item 2 of Schedule B hereof. and that our records reflect that the following is a true and correct list of documents affecting title to the real property described supra between the dates of January 27, 2009 and April 27, 2009: Plat: From : Creek Meadows Partners, L.P. To: The Public Recording Date: February 4, 2009 Recorded: Volume 8950, Page 98, Official Records, Brazos County, Texas. (COVERS A PORTION OF SUBJECT PROPERTY) Extension: From: To: Dated: Recorded: Plat: Creek Meadows Partners, L.P. First Victoria National Bank January 23,2009 Volume 8972, Page 192, Official Records, Brazos County, Texas. From: Creek Meadows Partners, L. P. To: The Public Recording Date: March 6, 2009 Recorded: Volume 8989, Page 39, Official Records, Brazos County, Texas. (COVERS A PORTION OF SUBJECT PROPERTY) This certificate is issued with the express understanding, evidenced by the acceptance of samethat the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found of record pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate ft is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts. GF Number: 00090644 Effective Date: July 23, 2009 STATE OF TEXAS COUNTY OF BRAZOS NOTHING FURTHER CERTIFICATE THIS IS TO CERTIFY: That we have examined the records of the County Clerk of Brazos Coun~. Texas as they are reflected in the geographically indexed title plant ofUniversity Title Company as to the following property, te wit: Being all that tract of land in Brazos County, Texas, out of the Samuel Davidson League, A-13 Survey and a part or the Jesse Bledsoe Survey, A-71, consisting of the following tracts recorded in the Deed Records of Brazos County, Texas: Part of that called First Tract of 200 acres described in a Deed to B. F. Vance recorded in Volume 142, Page 273, all of that called Second Tract ofS0.6 acres described in said Volume 142, Page 273, all of that called 2.6 acres described in Volume 177, Page 309, all of that caJled 6 acres described in Volume 152, Page 234, that 1 acre described in Volume 210, Page 148, that 1.25 acres described in . Volume 187, Page 522, that 1 acre described in Volume 282, Page 601, part of that 1 acre described in Volume 509, Page 786, that 2.7 acres described in Volume 262, Page 107, all of that tract described in Volume 163, Page 69, part of that 102.0 acres described in a Deed to Betty V. Goss, B. F. Vance, Jr. and William R. Vance, Trustees of the VRV Trust recorded in Volume 1020, Page 325 of the Deed Records of Brazos County, Texas, and being further described as follows: BEGINNING at a S/8" steel rod found in Royder Road, being the West corner or said 200 acres; THENCE North 42 degrees 26 minutes 14 seconds East, 420.00 feet to a 5/8 inch steel rod found for corner; THENCE North 47 degrees 33 minutes 18 seconds West, 555.34 feet to a 5/8 inch steel rod found for corner; THENCE North 42 degrees 30 minutes 52 seconds East, 629.86 feet to a rock found for corner; THENCE North 47 degrees 33 minutes 26 seconds West, 630.51 feet to a 518 inch steel rod found for comer; THENCE South 42 degrees 26 minutes 14 seconds West, 117.33 feet to a 5/8 inch steel rod found for corner; THENCE North 47 degrees 33 minutes 46 seconds West, 209.00 feet to a 5/8 inch steel rod found for corner; THENCE North 42 degrees 26minutes14 seconds East, ZZ.17 feet to a 518 inch steel rod found for corner; THENCE South 49 degrees 10 minutes 54 seconds East, 51.62 feet to a 5/8 inch steel rod found for corner; THENCE North 40 degrees 58 minutes 56 seconds East, 262.73 feet to a 112 inch steel rod (bent) found for corner; THENCE North 41 degrees 42 minutes 31 seconds West, 100.00 feet to a 5/8 inch steel rod found for corner; THENCE North 37 degrees 25 minutes 18 seconds West, 97.02 feet to a 518 inch steel rod found for corner' THENCE North 44 degrees 09 minutes 00 seconds West, 213.79 feet to a cotton spindle found for comer on the Southeast line of Greens Prairie Road West; THENCE North 43 degrees 08 minutes 28 seconds East, 1233.00 feet along Greens Prairie Road West to a 318 inch steel road (bent) found for comer; THENCE South 49 degrees 13 minutes 20 seconds East, 411.68 feet to a 3/8 inch steel rod found at the South corner of Lot 8, Wellborn Oaks recorded in Volume 345, Page 635 of the Deed Records of Brazos County, Texas; THENCE South 49 degrees 02 minutes 18 seconds East, 392.33 feet to a 3/8 inch steel rod found at the South corner of Lot 9, Wellborn Oaks; THENCE South 48 degrees 48 minutes 30 seconds East, 983.70 feet to a 3/8 inch steel rod found at the South comer of Lot 11, Wellborn Oaks; THENCE South 48 degrees 30 minutes 49 seconds East, 488.99 feet to a 318 inch steel rod found at the South corner of Lot 12, Wellborn Oaks; THENCE South 48 degrees 09 minutes 51 seconds East, 388.37 feet to a 112 inch steel rod set on the West line of Greens Prairie Trail (100' R.O.W.); THENCE Southwesterly, 820.18 feet along a nontangent curve to the left in Greens Prairie Trail having a radius of 1010.00 feet and a central angle of 46 degrees 31 minutes 40 seconds {Chord bears South 18 degrees 32 minutes 29 seconds West, 797.83 feet) to a 518 inch steel rod found at the point of tangency; TEHNCE South 04 degrees 43 minutes 21 seconds East, 1452.01 feet to a 5/8 inch steel rod found at a point of curve; THENCE Sonthwesterly, 743.74 feet along a curve to the right of Greens Prairie Trail having a radius of 904.93 feet and a central angle of 47 degrees 05 minutes 23 seconds (Chord bears South 18 degrees 49 minutes 20 seconds West, 722.98 feet) to a 518 inch steel rod found at the point of tangency; THENCE South 42 degrees ll minutes 02 seconds West, 194.62 feet to a 518 inch steel rod found at a point of curve; THENCE Southwesterly, 52.55 feet along a curve to the right having a radius of 35.00 feet and a central angle of 86 degrees 01 minutes 33 seconds {Chord bears South 85 degrees 22 minutes 48 seconds West, 47.75 feet) to a 518 inch steel rod found for corner; THENCE South 44 degrees 52 minutes 55 seconds West, 24.00 feet to a point near the center of Royder Road (gravel); THENCE generally with the center of Royder Road as follows: North 45 degrees 56 minutes 20 seconds West, 94.15 feet to point; North 41 degrees 08 minutes 28 seconds West, 181.52 feet to a point; North 38 degrees 13 minutes 13 seconds West, 287.27 feet to a point; North 40 degrees 13 minutes 39 seconds West, 121.73 feet to a point; North 47 degrees 29 minutes 30 seconds West, 112.50 feet to a point; North 47 degrees 33 minutes 46 seconds West, 1775.11 feet to the Point of Beginning, containing 171.851 acres of land. 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 and does not override Item 2 of Schedule B hereof. and that our records reflect that the following is a true and correct list of documents affecting title to the real property described supra between the dates of April 27, 2009 and July 23, 2009: Deed of Trust to secure a Note: Grantor: Creek Meadows Partners, L.P. Trustee: Timothy C. Jones Beneficiary: First Victoria National Bank Amount $372,250.00 Dated: May 1, 2009 Recorded: Volume 9083, Page 134, Official Records, Brazos County, Texas. (COVERS A PORTION OF SUBJECf PROPERTY) Plat: From: Creek Meadows Partners, LP. To: The Public Dated: March 12, 20089 Recorded: Volume 9202, Page 117, Official Records, Brazos County, Texas. (COVERS A PORTION OF SUBJECT PROPERTY) This certificate is issued with the express understanding, evidenced by the acceptance of samethat the undersigned does not undertake to give or express any opinion as to the validity of the title to the property above, but is simply reporting briefly herein as to the instruments listed above found ofrecord pertaining to said property, and it is expressly understood and agreed that this Certificate is neither a guaranty nor warranty of the title. By acceptance of this Certificate it is understood that the liability of the issuer hereof is expressly limited to the actual monetary consideration paid for same. We have not made any examination as to property taxes, tax suits, special assessments or conflicts.