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Home My WebLink AboutEXAMINERS REPORT & CRAggieland Title Company GF# 29071 EXAMINER'S REPORT RECORD TITLE AT THE EFFECTIVE DATE HEREOF APPEARS TO BE VESTED IN Saddle Creek Partners, Ltd., a Texas limited partnership THE LAND REFFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS Metes and bounds description of all that certain tract or parcel of land lying and being situated in the JAMES C. STUTEVILLE LEAGUE, ABSTRACT No. 216, Brazos County, Texas. Said tract being a portion of the remainder of a called 359.07 acre tract as described by a deed to John A. Malley and Jennifer B. Todd recorded in Volume 7427, page 198 of the Official Public Records of Brazos County, Texas, and a portion of the remainder of a called 90.757 acre tract as described by a Deed to Saddle Creek Partners, Ltd. recorded in Volume 7851, page 120 of the Official Public Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: BEGINNING at a point on the Southerly line of the remainder of a called 559.39 acre tract as described by a deed to Minnie Louise Wade and Annie Belle Wade recorded in Volume 7402, page 51 of the Official Public Records of Brazos County, Texas, marking the Northeast corner of Saddle Creek Subdivision, Phase 2, according to the plat recorded in Volume 8758, page 113 of the Official Public Records of Brazos County, Texas, and the Northwest corner of said portion of remainder of 359.07 acre tract; THENCE: Along the common line of said portion of remainder of 359.07 acre tract and said remainder of 559.39 acre tract for the following calls: S 84° 18'22" E for a distance of 350.62 feet to a 5/8 inch iron rod; S 59° 40' 11" E for a distance of 1398.98 feet to a 5/8 inch iron rod; S 10° 01'46" W for a distance of 556.52 feet to the Northeast corner of Saddle Creek Subdivision, Phase 3, according to the plat recorded in Volume 9311, page 252 of the Official Public Records of Brazos County, Texas; THENCE: Along the common line of said remainder of 359.07 acre tract, said remainder of 90.757 acre tract and Saddle Creek Subdivision, Phase 3, for the following calls; N 84° 26'00" W for a distance of 266.82 feet; 3740 Copperfield Drive, Suite 101 • Bryan, Texas 77802 Phone (979) 731 -8400 • FAX (979) 731 -8408 GF# 29071 N 04° 31' 00" E fora distance of 111.77 feet; N 85° 35' 11" W for a distance of 70.00 feet to the beginning of a clockwise curve having a Radius of 25.00 feet; Along said curve through a Central Angle of 90 00' 00" for an Are distance of 39.27 feet (Chord Bears: S 49 24'49" W - 35.36 feet) to the end of said curve; N 85° 35' 11" W for a distance of 125.00 feet to the Easterly line of Saddle Creek Subdivision, Phase 1, according to the plat recorded in Volume 7920, page 176 of the Official Public Records of Brazos County, Texas; THENCE: Along the common line of said remainder of 359.07 acre tract and said remainder of 90.757 acre tract for the following calls: N 04° 24' 49" E for a distance of 310.00 feet; N 78° 53'45" W for a distance of 145.99 feet; N 88° 56'35" W for a distance of 290.50 feet; N 29° 47'05" W for a distance of 98.59 feet; S 70° 50'32" W for a distance of 95.01 feet; N 82° 05'30" W for a distance of 185.11 feet; S 76° 57' 53" W for a distance of 32.38 feet to the Southeast corner of Saddle Creek Subdivision, Phase 2, according to the plat recorded in Volume 8758, page 113 or the Official Public Records of Brazos County, Texas; THENCE: Along the common line of said remainder of 359.07 acre tract, said remainder of 90.757 acre tract and Saddle Creek Subdivision, phase 2, for the following calls: N 09° 05'26" E for a distance of 382.22 feet; N 72° 37' 13" W for a distance of 175.82 feet to the beginning of a counterclockwise curve having a Radius of 1047.32 feet; Along said curve through a Central Angle of 02° 21' 57" for a Arc distance of 43.25 feet (Chord Bears: N 74 14'23" W - 43.24 feet) to the end of said curve; N 14° 08' 26" E for a distance of 70.00 feet to the beginning of a counterclockwise curve having a Radius of 835.00 feet; Along said curve through a Central Angle of 06° 23'29" for a Arc distance of 93.14 feet (Chord Bears: N 79 03' 18" W - 93.10 feet) to the end of said curve; AGGIELAND TITLE COMPANY Page 2 GF# 29071 N 82° 15' 02" W for a distance of 42.17 feet to the beginning of a counterclockwise curve having a Radius of 25.00 feet; Along said curve through a Central Angle of 92° 03'20" for an Arc distance of 40.17 feet (Chord Bears: N 51 43' 18" E - 35.98 feet) to the end of said curve; N 05 41'38" E for a distance of 190.57 feet to the POINT OF BEGINNING containing 19.804 acres of land, more or less. AGGIELAND TITLE COMPANY Page 3 GF# 29071 RESTRICTIVE COVENANTS: None SCHEDULE B EXCEPTIONS a. Blanket Right -of -Way Easement granted to Wellborn Water Supply Corporation by J. C. Wade as set out in instrument dated August 17, 1971, recorded in Volume 303, page 385 of the Deed Records of Brazos County, Texas b. Mineral Reservation as set out in deed dated June 30, 2006 from Minnie Louise Wade aka Louise S. Wade, and Annie Belle Wade to John A. Malley and Jennifer B. Todd, recorded in Volume 7427, page 198, Official Public Records of Brazos County, Texas. Title to this interest not investigated subsequent to date of said instrument. C. Royalty Deed executed by Louise Wade et al to Kenneth M. Robison, dated July 1, 1983 and recorded in Volume 601, page 417, Official Public Records of Brazos County, Texas. Title to said interest has not been investigated subsequent to the aforesaid instrument. d. Estate created by oil, gas and mineral lease granted to Peter Paul Petroleum Company by Louise Wade et al by instrument dated July 1, 1983, recorded in Volume 604, page 437 of the Official Public Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Title to this lease has not been investigated subsequent to date thereof. e. Estate created by oil, gas and mineral lease granted to Union Pacific Resources Company by Louise S. Wade et al by instrument dated July 31, 1990, recorded in Volume 1209, page 244 of the Official Public Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein. Said lease having been ratified by instrument recorded in Volume 1978, page 143 of the Official Public Records of Brazos County, Texas. Title to this lease has not been investigated subsequent to date thereof. f. Memorandum of Oil, Gas and Mineral Lease Agreement made and entered into on February 16, 2001 by and between Louise S. Wade et al as Lessors, and Lometa Petroleum Corporation as Lessee, said Memorandum of Lease recorded in Volume 4313, page 311 of the Official Public Records of Brazos County, Texas. Said lease having been ratified by instrument recorded in Volume 4313, page 314 of the Official Public Records of Brazos County, Texas. Title to this interest not investigated subsequent to date of said instrument. g. Rights of parties in possession. AGGIELAND TITLE COMPANY Page 4 GF# 29071 CURATIVE MATTERS a. Deed of Trust dated January 25, 2012 from Saddle Creek Partners, Ltd., a Texas limited partnership to Ivan M. Olson, Trustee, securing the payment of one note of even date therewith in the principal sum of $552,575.00, and any other amounts payable under the terms thereof, payable to The Bank & Trust of Bryan/College Station, filed for record with the County Clerk of Brazos County, Texas, on January 27, 2012, recorded in Volume 10509, page 258 of the Official Public Records of Brazos County, Texas. b. This report does not cover matters of survey, including, but not limited to discrepancies, conflicts or shortages in area or boundary lines or any encroachments or protrusions or any overlapping improvement. C. Standby fees, taxes and assessments have not been investigated. This report is prepared and delivered with the express understanding and agreement, evidenced by the acceptance hereof, that the undersigned is not rendering an opinion as to the title to the land under investigation herein, and while believing its construction of the records as hereinabove set out to be true and correct, still will incur no liability beyond the fee paid for this report by reason of such construction, nor will it be liable for any error or omission of any kind whatsoever. This report is prepared for informational purposes only, exclusively for the party paying the fee. -- R I Z-A E ea�o.' EXAMINER SIGNATURu Preparation Date: April 16, 2012 Effective Date: April 9, 2012 Effective Time: 07:00 a.m. AGGIELAND TITLE COMPANY Page 5