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HomeMy WebLinkAbout8 Marsh ReevesPage 1 of 2 A enda Item Cover Sheet Agenda Item #11.13 D Regular Item 0 Consent Item Workshop Item Item Submitted By: K. Foutz, Director of Economic Development Council Meetin Date: !Au gust 23, 2001 loirector Approval: City Manager Approva . Item: Presentation, discussion and possible action on a Real Estate Contract between the City of College Station and Louise Marsh Reeves, individually and as Trustee of the Marsh-Reeves Trust, John Emory Marsh, Jr., Robert Emory Reeves, and Marsha Reeves Duemke for property generally located near the corner of Greens Prairie Road and Highway 6. Item Summary: This Real Estate Contract exercises the City's option to purchase approximately 36. 9 acres generally located at the corner of Greens Prairie Road and State Highway 6. This site acquisition is for future development of a Class "A" type business park and greenway . This 36. 9 acre tract is needed to provide sufficient acreage for larger economic development prospects. The parties of the Real Estate Contract agree that the purchase price for the Marsh-Reeves property is $1,000,000.00; $500,000 will be paid upon closing and the remaining $500,000 will be placed in escrow to be paid at the time the seller resolves encumbrances (easements) currently on the property. Item Background: In its FY 2000-2001 Strategic Planning process, City Council identified the need to develop plans for future business parks in College Station to increase the diversity of the College Station economy. These plans include acquisition, master planning, development, recruitment and retention for a new Class "A" business park (Vision Statement 7, Strategy lb). This Real Estate Contract was originally attached to the Option Contract which was approved by City Council on June 28, 2001. The only change that has been made to the Real Estate Contract originally presented to Council is language addressing the escrow and related encumbrances. Budgetary and Financial Summary: The total proposed purchase price is $1,000,000.00 and would be paid for from funds budgeted for Class "B" business http://agenda.cstx.gov/200 1/010823/Marsh%20Reeves/real%20estate%?0C:nvP.r«hPPt htrn 1 /1 .:;/')(11 0 Page 2 of2 park land acquisition in the Business Park Capital Project Fund. These funds were originally transferred from the electric and water funds. No land acquisition expenditures are anticipated for the Class "B" business park due to the public/priva t e partnership currently under negotiation which will not necessitate the ownership of property by the City. Staff Recommendation: Staff recommends that City Council approve the Real Estate Cont r act. Council Action Options: 1. Approve the Real Estate Contract 2. Disapprove the Real Estate Contract. 3. Amend and approve the Real Estate Contract Supporting Materials: 1. Real Estate Contract 2. Location Map htto ://agenda. cstx. gov /2001 /010823/Marsh %20Reeves/real %20estate%20Coversheet.htm 3/15 /2019 Page 1 of 2 11 Agenda Item Cover Sheet Agenda Item #11 .11 !Regular Item I x Consent Item Workshop Item Item Submitted By: IMark Smi th , D irector of Pub li c Works Council Meeting Date: !November 2 1, 2002 Director Approval: City Manager Approval: Item: Presentation, discussion and possible act ion on a Real Estate Contract between the Ci t y of College Station and Louise Marsh Reeves, individually and as Trustee of the Marsh Reeves Trust, John Emory Marsh, Jr., Robert Emory Reeves, and Marsha Reeves Duemke for greenway property generally located near the i ntersection of Greens Prairie Road and Highway 6. Item Summary: This Real Estate Contract is for the purchase of 8.3 acres of priority 1 greenway property on the South Fork of Lick Creek. The southern portion of the greenway property was previously purchased by the City in conjunction with property acquisition for the Class "A" type business park. The parties of the Real Estate Contract agree that the purchase price for the Marsh-Reeves property is $211,213.00. The sale will not be closed until all of the necessary surface waivers have been obtained. This acquisition is consistent with Strategic Plan Vision #2 Strategy #3. "We will integrate the community with a system of greenways and bi keways." Item Background: The acquisition of this parcel of greenway property is specified and prioritized in the City's 1999 Greenways Master Plan. The South Fork of Lick Creek east of Wellborn to the confluence with the Main Channel is the identified #2 priority acquisition. Budgetary and Financial Summary: The total proposed purchase price is file ://P :\GROUP\AGEN-CAL\Co unci l agendas \Complete\2002 \02 11 2 1 \Marsh R eeves Gre ... 5/20 /2008 Page 2 of2 available in the City's 1998 General Obligation Bond for acquisition of greenway property . Staff Recommendation: Staff recommends that City Council approve the Real Estate Contract with the condition that the sale will not be closed until all of the necessary surface waivers have been obtained. Council Action Options: 1. Approve the Real Estate Contract 2. Disapprove the Real Estate Contract 3. Amend and approve the Real Estate Contract Supporting Materials: 1. Location Map 2 . Real Es tate Contract 3 . Exhibits 4 . Greenways MaQ fi le ://P :\GRO U P\AGEN-CAL\Co unc il agendas\Complete\2002 \02 11 21 \Marsh Reeves Gre ... 5/20/2008 Page 1 of2 Agenda Item Cover Sheet Agenda Item # 11.11 Regular Item x 1Con::n::11t Item Workshop Item Item Submitted By: Mark Smith, Director of Public Works Council Meeting Date: November 21, 2002 E-Si9ned by Ma~ Smi1h (i) Director Approval: :7_,V 1u1henticity ;\ ,Gpprovel: -"~·--- "'L • ""1 . :/.JI' /'"" - City Manager Approval: 1 ~~ ~ . ' ij C1t"y .; Item: Presentation, discussion and possible action on a Real Estate Contract between the City of College Station and Louise Marsh Reeves, individually and as Trustee of the Marsh Reeves Trust, John Emory Marsh, Jr., Robert Emory Reeves, and Marsha Reeves Duemke for greenway property generally located near the intersection of Greens Prairie Road and Highway 6. Item Summary: This Real Estate Contract is for the purchase of 8.36 acres of priority 1 greenway property on the South Fork of Lick Creek. The southern portion of the greenway property was previously purchased by the City in conjunction with property acquisition for the Class "A" type business park. The parties of the Real Estate Contract agree that the purchase price for the Marsh-Reeves property is $211,213.00. The sale will not be closed until all of the necessary surface waivers have been obtained. This acquisition is consistent with Strategic Plan Vision #2 Strategy #3. "We will integrate the community with a system of greenways and bikeways." Item Background: The acquisition of this parcel of greenway property is specified and prioritized in the City's 1999 Greenways Master Plan. The South Fork of Lick Creek east of Wellborn to the confluence with the Main Channel is the identified #2 priority acquisition. Budgetary and Financial Summary: The total proposed purchase price is file:///G:/Department%20Projects/Development%20Services/Department_Projects/BikePe... 3/1 ';/?01 Q Page 2of2 available in the City's 1998 General Obligation Bond for acquisition of greenway property. Staff Recommendation: Staff recommends that City Council approve the Real Estate Contract with the condition that the sale will not be closed until all of the necessary surface waivers have been obtained. Council Action Options: 1. Approve the Real Estate Contract 2. Disapprove the Real Estate Contract 3. Amend and approve the Real Estate Contract Supporting Materials: 1. Location Map 2. Real Estate Contract 3. Exhibits 4. Greenways Map file:///G:/Department%20Projects/Development%20Services/Department Proiects/BikePe ... 1/1 "/?01 Q / / / / / / / / / / / / / / / / // / / .. MARSH-REE \/ES TRUST ET AL http://agenda.cstx.gov/2002/021121 /Marsh%20Reeves%20Greenway /marsh%20reeves%2 0greenway .jpg Page 1of1 t.. 3/15/2019 Page 1 of 2 GREENWAYS RANKED BY PRIORIT / / 3 /~ / http://agenda.cstx.gov/2002/021l21/Marsh%20Reeves%20Greenway/GREENW A Y%20MAP .jpg 3/15/2019 / ,/:) ~ / / / http://agenda.cstx .gov/2002/021121 /Marsh%20Reeves%20Greenway /GREENW A Y%20MAP .jpg Page 2 of2 3;1s12019 I The Cif of College Station, Texas Embracing the Past, Exploring the Future . P .O. Box 9960 • 1101 Texa s Avenue • College Station, TX 77842 • (979) 764-3500 August 27 , 2001 Ms . June Van Etten Brazos County Abstract Company 418 Tarrow Street College Station, Texas 77840 RE: Request for Title Commitment Dear Ms . Van Etten, www.ci.college-sta tion .tx .u s Please provide to this office a title commitment for the property listed below. I have attached a survey for the property: Owner: Marsh-Reeves Trust et al Rl3905 Robert Stevenson League A-54 8.36 Acre of 100 year flood plain College Station, Brazos County, Texas The City's economic development department previously requested information from your agency . My department is interested in purchasing the 8.36 acres of proposed greenway as a separate transaction. I have spoken with Lisa in your office regarding this matter in the past. Thank you in advance for your attention to this request. If you should have any questions, please contact me at 764-3844 . Sincerely, Greenways Program Manager Attachment Cc: Mark McAuliffe Mark Smith Hom e of Texas A&M Unive rsity June 20 , 2001 Ms. June Van Etten Brazos County Abstract Company 418 Tarrow Street College Station, Texas 77840 RE: Request for Title Commitments Dear Ms. Van Etten, Please provide to this office a title commitment for the property listed below. I have attached information regarding the property: Owner: Marsh-Reeves Trust et al Rl3905 R Stevenson, Tract 54 . 1 College Station, Brazos County, Texas I understand that the City's economic development department has also requested information from your agency . My department is interested in purchasing the greenway portion of the property. The City's land agent, Mark McAuliffe has informed me that I would need to request a separate title commitment. Thank you in advance for your attention to this request. If you should have any questions, please contact me at 764- 3844 . Sincerely, Judith A. Downs Greenways Program Manager Attachment Cc: Mark McAuliffe Brazos County Abstract Company "More than 125 Years of Title Service" 418 Tarrow P.O . Box 4704 Bryan, TX 77805-4704 Phone: (409) 260-9728 Facsimile: (409) 779-7979 E-mail: bcac@bcactg.com College Station, TX 77840-1822 September 21, 2001 City of College Station Attn: Ms. Judy Downs 1101 Texas Avenue College Station, Texas 77842 RE: BCACGFNo. 135123 FILE NAME: Marsh-Reeves Legal: 8 .36 acres, Robert Stevenson League, A-54, Brazos County, Texas . Dear Judy: Pursuant to your order, enclosed please find the following: 1) Commitment for Title Insurance As always, it has been a pleasure working with you . Should you be in need of further assistance, do not hesitate to contact our office. Sincerely, ~Q,~nip Lisa Kemp BRAZOS COUNTY ABSTRACT COMPANY lak/enclosures -. .. THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. COMMITMENT FOR TITLE INSURANCE ISSUED BY ~"'anctily of Contract STEWART TITLE GUARANTY COM PA NY We, STEWART TITLE GUARANTY COMPANY , will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due , and compliance with the requirements in Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance at the date of issuance , and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner , or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. In witness whereof, the Company has caused this commitment to be signed and sealed as of the effective date of commitment as shown in Schedule A, the commitment to become valid and binding only when countersigned by an authorized signatory. STEWART TITLE GUARANTY COMPANY Countersigned by : ~~ Company BRAZOS COUNTY ABSTRACT COMPAN ~ncw.1 ,,1 ( 0111 m 0 City, State College Station , Texas 585 Rev . H ·93 CONDITIONS AND STIPULATIONS 1 . If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment , that is not shown in Schedule B, you must notify us in writing . If you do not notify us in writing , our liability to you is ended or reduced to the extent that your failure to notify us affects our liability . If you do notify us , or we learn of such matter, we may amend Schedule B, but we will not be relieved of liability already incurred . 2. Our liability is only to you , and others who are included in the definition of Insured in the Policy to be issued. Our liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements or to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this commitment and will be subject to the following terms of the Policy : Insuring Provisions, Conditions and Stipulations , and Exclusions. All not ices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029 , Houston , Texas 77252. STE"7'ART TITLE GUARANTY COMPANY ·. STEWART TITLE GUARANTY COMPANY SCHEDULE A Effective Da te: September 19 , 2001 at 8:00 AM Commitment issued September 20 , 2001 1. POLICY OR POLICIES TO BE ISSUED ARE : (a) OWNER POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one-to-four family residential real estate) POLICY AMOUNT: $ PROPOSED INSURED: THE CITY OF COLLEGE STATION (b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE --ONE-TO-FOUR FAMILY RESIDENCES (Form T-1 R) POLICY AMOUNT: PROPOSED INSURED : (c) MORTGAGEE POLICY OF TITLE INSURANCE (Form T-2) POLICY AMOUNT: PROPOSED INSURED : PROPOSED BORROWER: File No.: 135123 (d) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) POLICY AMOUNT : PROPOSED INSURED : PROPOSED BORROWER: (e) OTHER POLICY AMOUNT: PROPOSED INSURED : 2. THE INTEREST IN THE LAND COVERED BY THIS COMMITMENT IS: FEE SIMPLE 3 RECORD TITLE TO THE LAND ON THE EFFECTIVE DATE APPEARS TO BE VEST ED IN: LOUISE MARSH REEVES, Individually and as Trustee of THE MARSH -REEVES TRUST ; JOHN EMORY MARSH , JR., ROBERT EMORY REEVES and MARSHA REEVES DUEMKE 4 . LEGAL DESCRIPTION OF THE LAND : Being an 8.36 acre tract of land lying and being situated in the ROBERT STEVENSON LEAGUE , Abstract No. 54 , Brazos County, Texas , and being out of the 111 .6 acres of land conveyed by Mrs . Frances Emma W illiams et al to J . E. Marsh by Deed dated July 15 , 1940, recorded in Volume 104, page 55 , Deed Records of Brazos County, Texas . BRAZOS COUNTY ABSTRACT COMPANY B ~~ hOriZedSig nature ·. WART TITLE GUARANTY COMPA SCHEDULE A (Continued) File No . 135123 . Company to be provided with a metes and bounds description provided by a Registered Professional Land Surveyor. STEWART TITLE GUARANTY COMPANY SCHEDULE B EXCEPTIONS FROM COVERAGE File No. 135123 IN ADDITION TO THE EXCLUSIONS AND CONDITIONS AND STIPULATIONS, YOUR POLICY WILL NOT COVER LOSS, COSTS, ATTORNEY'S FEES , AND EXPENSES RESULTING FROM: 1. THE FOLLOWING RESTRICTIVE COVENANTS OF RECORD ITEMIZED BELOW 0NE MUST EITHER INSERT SPECIFIC RECORDING DATA OR DELETE THIS EXCEPTION): Item No . 1 is hereby deleted in its entirety. 2 . ANY DISCREPANCIES, CONFLICTS, OR SHORTAGES IN AREA OR BOUNDARY LINES , OR ANY ENCROACHMENTS OR PROTRUSIONS, OR ANY OVERLAPPING OF IMPROVEMENTS. 3 . HOMESTEAD OR COMMUNITY PROPERTY OR SURVIVORSHIP RIGHTS, IF ANY, OF ANY SPOUSE OF ANY INSURED . (APPLIES TO THE OWNER POLICY ONLY.) 4 . ANY TITLES OR RIGHTS ASSERTED BY ANYONE , INCLUDING, BUT NOT LIMITED TO, PERSONS, THE PUBLIC, CORPORATIONS, GOVERNMENTS 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 THE HARBOR OR BULKHEAD LINES AS ESTABLISHED OR CHANGED BY ANY GOVERNMENT, OR C. TO FILLED-IN LANDS , OR ARTIFICIAL ISLANDS, OR D. TO STATUTORY WATER RIGHTS , INCLUDING RIPARIAN RIGHTS, OR E. TO THE AREA EXTENDING FROM THE LINE OF MEAN LOW TIDE TO THE LINE OF VEGETATION , OR THE RIGHTS OF ACCESS TO THAT AREA OR EASEMENT ALONG AND ACROSS THAT AREA. (APPLIES TO THE OWNER POLICY ONLY.) 5 . STANDBY FEES , TAXES AND ASSESSMENTS BY ANY TAXING AUTHORITY FOR THE YEAR 2001, AND SUBSEQUENT YEARS; AND SUBSEQUENT TAXES AND ASSESSMENTS BY ANY TAXING AUTHORITY FOR PRIOR YEARS DUE TO CHANGE IN LAND USAGE OR OWNERSHIP, BUT NOT THOSE TAXES OR ASSESSMENTS FOR PRIOR YEARS BECAUSE OF AN EXEMPTION GRANTED TO A PREVIOUS OWNER OF THE PROPERTY UNDER SECTION 11.13, TEXAS TAX CODE, OR BECAUSE OF IMPROVEMENTS NOT ASSESSED FOR A PREVIOUS TAX YEAR. 6. THE TERMS AND CONDITIONS OF THE DOCUMENTS CREATING YOUR INTEREST IN THE LAND . 7 . MATERIALS FURNISHED OR LABOR PERFORMED IN CONNECTION WITH PLANNED CONSTRUCTION BEFORE SIGNING AND DELIVERING THE LIEN DOCUMENT DESCRIBED IN SCHEDULE A, IF THE LAND IS PART OF THE HOMESTEAD OF THE OWNER. (APPLIES TO THE MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN ONLY, AND MAY BE DELETED IF SATISFACTORY EVIDENCE IS PROVIDED TO US BEFORE A BINDER IS ISSUED .) 8. LIENS AND LEASES THAT AFFECT THE TITLE TO THE LAND, BUT THAT ARE SUBORDINATE TO THE LIEN OF THE INSURED MORTGAGE. (APPLIES TO MORTGAGEE POLICY ONLY.) 9. THE FOLLOWING MATTERS AND ALL TERMS OF THE DOCUMENT CREATING OR OFFERING EVIDENCE OF THE MATTERS 0NE MUST INSERT MATTERS OR DELETE THIS EXCEPTION.): a . Rights of Parties in Possession . (Owner Policy Only) 1 EWART TITLE GUARANTY COMPA~ SCHEDULE B (Continued) File No . 135123 b. Easements, or claims of easements, which are not recorded in the public records. (Owner Policy Only) c. Easement from Grace H. Marsh et al to Producers Gas Company, dated August 1, 1981, recorded in Volume 534, page 94, Deed Records of Brazos County, Texas. d. Easement from John Emory Marsh, Jr., et al to City of College Station, dated January 16, 1987, recorded in Volume 945 , page 391, Official Records of Brazos County, Texas . e. Easement from Louise Marsh Reeves et al to City of College Station, dated August 20, 1998, recorded in Volume 3229, page 241 , Official Records of Brazos County, Texas. f . Easement from Louise Marsh Reeves et al to City of College Station, dated September 1, 1999, recorded in Volume 3596, page 45 , Official Records of Brazos County, Texas . g. Mineral Deed from Grace H . Marsh to Louise M. Reeves, Trustee, dated March 25, 1981, recorded in Volume 478, page 217, Deed Records of Brazos County, Texas . Title to this mineral interest has not been traced subsequent to the date of the above-cited instrument. h . Estate created by Oil and Gas Leases from Robert Emory Reeves et al to Union Pacific Resources Company, dated September 14, 1990, recorded in Volume 1218, pages 421, 427 and 439 and Volume 1220, page 302, Official Records of Brazos County, Texas . Title to this lease has not been traced subsequent to the date of the above-cited instrument. i. All oil, gas and other minerals in and under the herein described property, together with any rights of ingress and egress, mining or drilling privileges heretofore reserved or conveyed by predecessors in title. 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. j. The Tax Certificate furnished by the taxing authorities is issued on real estate only. It does not include minerals and/or personal property, therefore, no liability is assumed herein for the payment of said mineral and/or personal property tax. STEWART TITLE GUARANTY COMPANY SCHEDULE C File No . 135123 YOUR POLICY WILL NOT COVER LOSS , COSTS , ATTORNEY'S FEES , AND EXPENSES RESULTING FROM THE FOLLOWING REQUIREMENTS THAT WILL APPEAR AS EXCEPTIONS IN SCHEDULE B OF THE POLICY, UNLESS YOU DISPOSE OF THESE MATTERS TO OUR SATISFACTION , BEFORE THE DATE THE POLICY IS ISSUED : 1. DOCUMENTS CREATING YOUR TITLE OR INTEREST MUST BE APPROVED BY US AND MUST BE SIGNED, NOTARIZED AND FILED FOR RECORD . 2 . SATISFACTORY EVIDENCE MUST BE PROVIDED THAT: -NO PERSON OCCUPYING THE LAND CLAIMS ANY INTEREST IN THAT LAND AGAINST THE PERSONS NAMED IN PARAGRAPH 3 OF SCHEDULE A , -ALL STANDBY FEES, TAXES , ASSESSMENTS AND CHARGES AGAINST THE PROPERTY HAVE BEEN PAID , -ALL IMPROVEMENTS OR REPAIRS TO THE PROPERTY ARE COMPLETED AND ACCEPTED BY THE OWNER , AND THAT ALL CONTRACTORS , SUB-CONTRACTORS , LABORERS AND SUPPLIERS HAVE BEEN FULLY PAID, AND THAT NO MECHANIC'S, LABORER'S LIENS OR MATERIALMAN'S LIENS HAVE ATTACHED TO THE PROPERTY , -(ON A MORTGAGEE'S POLICY ONLY) RESTRICTIONS HAVE NOT BEEN AND WILL NOT BE VIOLATED THAT AFFECT THE VALIDITY AND PRIORITY OF THE INSURED MORTGAGE . 3. THERE IS LEGAL RIGHT OF ACCESS TO AND FROM THE LAND , 4. YOU MUST PAY THE SELLER OR BORROWER THE AGREED AMOUNT FOR YOUR PROPERTY OR INTEREST. 5. ANY DEFECT , LIEN OR OTHER MATTER THAT MAY AFFECT TITLE TO THE LAND OR INTEREST INSURED , THAT ARISES OR IS FILED AFTER THE EFFECTIVE DATE OF THIS COMMITMENT . 6. Deed of Trust dated April 17, 1987 , executed by John Emory Marsh , Jr. and wife, Frances Marsh to James Junek , Trustee for the benefit of First Federal Savings and Loan Association of Bryan , in the principal amount of $80,000 .00 , recorded in Volume 965 , page 295, Official Records of Brazos County, Texas , and extended by instrument recorded in Volume 1177, page 665, Official Records of Brazos County , Texas. 7. Company will require tax certificates on the subject property showing all taxes paid up to and including the year 2000. 8. Company will require a properly executed Waiver of Inspection. 9. Company will require a properly executed Affidav it as to debts and liens. 10 . "The title insurance policy being issued to you contains an Arbitration Provision. It allows you or the Company to requ ire arbitration if the amount of Insurance is $1 ,000 ,000 or less . If you want to retain your right to sue the Company in case of a dispute over a claim , you must request deletion of the Arbitration Provision before the policy is issued. If you are the purchaser in the transaction and elect deletion of the Arbitration Provision, a form will be presented to you at closing for execution . If you are :s I EWART TITLE GUARANTY COMPA Nf SCHEDULE C (Continued) File No . 135123 the lender in the transaction and desire deletion of the Arbitration Provision , please inform us through your Clos ing Instructions." SCHEDULED The information contained in this Schedule (D) does not affect title to or the lien upon the land described in Schedule A hereof, to be insured in any policy(ies) of title insurance to be issued in accordance with this commitment. As to Stewart Title Guaranty Company, the Underwriter herein, the following disclosures are made: A-1 . Shareholders owning, controlling of holding, either personally or beneficially, 10% or more of the shares of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set forth are as follows: Stewart Information Services Corporation -100% A-2. The members of the Board of Directors of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set forth are as follows: Carloss Morris, Stewart Morris, Stewart Morris, Jr., Malcolm Morris, Max Crisp , C .M. Hudspeth, Eugene Mohler, Bruce Belin and Nita Hanks. A-3 . The four designated officers of Stewart Title Guaranty Company as of the last day of the year preceding the date hereinabove set forth are as follows: President: Malcolm S . Morris; Executive Vice President: Bert B . Corkill; Secretary: Sue M. Nolz; Treasurer: Ken Anderson, Jr. As to Undersigned Agent herein, the following disclosures are made: B-1 . If Agent is a corporation, the shareholders owning or controlling, directly or indirectly, 1 % or more of the shares of Agent as of the last day of the year preceding the date hereinabove set forth are as follows : Tom Giesenschlag B-2 . If Undersigned Agent is a corporation, the following is a list of the members of the Board of Directors, as of the last day of the year preceding the date hereinabove set forth: Tom Giesenschlag June Van Etten Diane Ganzer Linda Morgan B-3 . If Undersigned Agent is a corporation, the following is a list of its officers as of the last day of the year preceding the date hereinabove set forth: President: Tom Giesenschlag Vice President: June Van Etten Secretary: Diane Ganzer Vice President: Linda Morgan C-1 . You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated* title premium is: Owner Policy $ ----- Mortgagee Policy $ ____ _ Endorsement Charges $ ____ _ Total $ ----- Ofthis total amount, 15 .00% will be paid to Stewart Title Guaranty Company; 85 .00 % will be retained by Undersigned issuing agent; and any remainder of the estimated* premium will be paid to other parties as follows: Amount Paid To Service $/% ____ _ $!% ____ _ *The estimated premium is based upon information furnished to us as of the date of this commitment for Title Insurance . Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the State Board of Insurance. BRAZOS COUNTY ABSTRACT COMP ANY PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates , from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Brazos County Abstract Company. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance . • Non-financial companies such as envelope stuffers and other fulfillment service providers WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BYLAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. TOM GIESENSCHLAG, Attorney-at-Law and BRAZOS COUNTY ABSTRACT COMP ANY PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document , which notifies you of the privacy policies and practices of Brazos County Abstract Company and Tom Giesenschlag, Attorney-at-Law. We may collect nonpublic personal information about yo u from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others . • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law . We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance . • Non-financial companies such as envelope stuffers and other fulfillment service providers WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BYLAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical , electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. STEWART TITLE GUARANTY COMPANY IMPORTANT INFORMATION FOR INFORMATION , OR TO MAKE A COMPLAINT CALL OUR TOLL-FREE TELE- PHONE NUMBER 1-800-729-1902 ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE AT 1-800-252-3439 to obtain information on : 1. filing a complaint against an insurance company or agent, 2 . whether an insurance company or agent is licensed , 3 . complaints received against an insurance company or agent , 4. policyholder rights, and 5. a list of consumer publications and services available through the Department. YOU MAY ALSO WRITE TO THE TEXAS DEPARTMENT OF INSURANCE P.O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX NO. (512) 475-1771 FORM: Commitment for Title Insurance AVISO IMPORT ANTE PARA INFORMACION , 0 PARA SOMETER UNA QUEJA LLAME AL NUMERO GRATIS 1-800-729-1902 TAMBIEN PUEDE COMUNICARSE CON EL DEPARTAMENTO DE SEGUROS DE TEXAS AL 1-800-252-3439 para obtener informacion sobre : 1. como someter una queja en contra de una compania de seguros o agente de seguros , 2 . si una compania de seguros o agente de seguros tiene licencia, 3. quejas recibidas en contra de una compania de seguros o agente de seguros 4. los derechos del asegurado , y 5 . una lista de publicaciones y servicios para consum idores disponibles a traves del Departamento . TAMBIEN PUEDE ESCRIBIR AL DEPARTAMENTO DE SEGUROS DE TEXAS P.O. BOX 149104 AUSTIN , TEXAS 78714-9104 FAX NO. (512) 475-1771 .. , . ST WARTT GUARANTY COMPANY TEXAS TITLE INSURANCE INFORMATION Title insurance insures you against loss resulting from certain risks to your title. The Commitment for Title Insurance is the title insurance company's promise to issue the title insurance policy . The commitment is a legal document. You should review it carefully to completely understand it before your closing date. El seguro de titulo le asegura en relacion a perdidas resultantes de ciertos riesgos que pueden afectar el titulo de su propiedad. El compromiso para Seguro de Titulo es la promesa de la compania aseguradora de titulos de emitir la poliza de seguro de titulo. El Compromiso es un documento legal. Usted debe leerlo cuidadosamente y entenderlo completamente antes de la fecha para finalizar su transaccion. Your commitment for Title Insurance is a legal contract between you and us . The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment 's terms and requirements . Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance Company (the Company) determines whether the title is insurable . This determination has already been made . Part of that determination involves the Company 's decision to insure the title except for certain risks that will not be covered by the Policy . Some of these risks are listed in Schedule B of the attached Commitment as Exceptions . Other risks are stated in the policy as Exclusions. These risks will not be covered by the Policy. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them . You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. When your Policy is issued, the coverage will be limited by the Policy's Exceptions , Exclusions and Conditions , defined below . -EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the Policy. -EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are co ntained in the Policy but not shown or discussed in the Commitment. -CO NDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and th ose of the Compa ny. They are contained in the Policy but not sho wn or discusse d in the Commitment. The Policy Condit ions are not the same as the Commitment Con ditions. You can get a copy of the po licy form approved by the State Board of Insurance by calling the Title Insurance Company at 1-800- 729-1902 or by calling the title insurance agent that issued the Commitment. The State Board of Insurance may revise the policy form from time to time. You can also get a brochure that explains the policy from the Texas Departme nt of Insurance by calling 1-800-252-3439. Before the Policy is issued, you may request changes in the policy . Some of the changes to consider are: -Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment , you must furnish a survey. On the Owner Policy, you must pay an additional premium for the amendment. If the survey is acceptable to the Company , your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. -Allow the Company to add an exception to "rights of part ies in possession." If you refuse this exception, the Company or the Title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons , such as renters, adverse owners or easement holders who occupy the land . The Company may charge you for the inspection. If you want to make your own inspection , you must sign a Waiver of Inspection form and allow the Company to add this except ion to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. FORM: Commitment for Title Insurance R13905 Page 1 of 1 Current Owner Legal Description Exemptions Appraised SPRING CREEK HOLDINGS , LLC (0003 1392) A005401 R STEVENSON (ICL), TRACT 54.1 , ACRES 23.123 1,008 ,240 2801 FRANCISCAN DR BRYAN .TX 77802 Entities Homestead Cap C2 , G1 , S2 0 Situs Address ~ History Information 4401 SH-6 s 2007 2006 2005 2004 Imp HS -$2 ,600 $2,700 $2,800 Sales Imp NHS $1 ,000 $1 ,000 $5 ,000 $10,000 Land HS -$43 ,560 $43,560 $22,000 Date Volume Page Seller Name Land NHS $1,130,900 $1 ,684,420 $1 ,684 ,420 - 10/03/2007 8274 212 MARSH-REEVES TRUST ETAL Ag Mkt -$0 $0 $1,096,920 02 /08 /19 82 509 188 Unknown Ag Use -$0 $0 $5,980 T im Mkt -$0 $0 - Tim Use -$0 $0 - HS Cap ---- Assessed $1, 131 ,900 $1,731 ,580 $1 ,735 ,680 $40 ,780 -Building Attributes Improvement Sketch Construction Foundation Exterior Interior Roof Flooring Heat/AC Baths Fireplace Year Built Rooms Bedrooms Improvements Type Description Area Year Built Eff Year Value R Re sid entia l $1,000 Land Segments SPTB Description Area Market Ag Value D4 Undeveloped-vacant >=5 Ac1 22 .12300 963 ,680 0 E1 Homesite 1.00000 43 ,560 0 / / / / / / / / / / / // / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / Page 1of1 MARSH-REE \JE S TRU ST ET .Al littn · / l ~aPnrb ri;;:tv anv/?00?/0? 11? 1 /Marsh%20Reeves%20Greenwav/marsh%20reeves%2 ... 2/25 /2019 ~ ./ / / / / / ./ / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / ./ / / / / / / / / / / / / / / / / / / / / / / ,. v //~ /' ~/ -/ Y' Y' (/ ~ ~ ~ ~~1 ac parcel ~c h a sed by C S 8!23ill1