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HomeMy WebLinkAboutTITLE REPORT*Brazos CountyAbstract Company "More Than 140 Years of Title Service" P.O. Box 4704 Phone: (979) 731 -1900 3800 Cross Park Drive Bryan, Texas 77805 -4704 Fax: (979 713 -8352 Bryan, Texas 77802 BCAC GF NO. 152980 Title Report Prepared October 26, 2012 for SCHULTZ ENGINEERING, LLC Attention: JOE SCHULTZ, P. E. 2730 LONGMIRE, SUITE A COLLEGE STATION, TEXAS 77845 Experience Matters *Brazos CountyAbstxact Compwiy "More than 140 Years of Title Service" EFFECTIVE DATE: October 24, 2012 at 8:00 a.m. GF NO. 152980 PROPERTY DESCRIPTION: Being all that certain 12.437 acres of land, more or less, lying and being situated in the ROBERT STEVENSON LEAGUE, Abstract No. 54, College Station, Brazos County, Texas. Said tract being a portion of the remainder of a called 202.66 acre tract as described by a Deed to Dos Dorado Development, LLC, recorded in Volume 9656, page 213, Official Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found at the platted end of the right of way of Victoria Avenue (77' R.O.W.) marking the most northerly west corner of the Parkland Dedication to the City of College Station, as reflected on the plat of Castlegate II Subdivision, Section 200, recorded in Volume 10392, page 260, Official Records of Brazos County, Texas; THENCE along the northwesterly line of said Parkland Dedication, same being the extension of the southeast line of Victoria Avenue, for the following calls: S 41° 56' 29" W for a distance of 144.62 feet to the beginning of a clockwise curve having a radius of 613.50 feet; Along said curve through a central angle of 18° 25' 03" for an arc distance of 197.21 feet (chord bears: S 51 09' 00" W - 196.36 feet) to the end of said curve; S 60° 21' 56" W for a distance of 130.44 feet to the beginning of a counterclockwise curve having a radius of 536.50 feet; Along said curve through a central angle of 14° 42' 54" for an are distance of 137.79 feet (chord bears: S 53 00' 29" W - 137.41 feet) to the end of said curve and the beginning of a counterclockwise curve having a radius of 25.00 feet; Along said curve through a central angle of 93 42' 18" for an arc distance *Brazos C Company "More than 140 Years of Title Service" of 40.89 feet (chord bears: S O1° 12' 07" E - 36.48 feet) to the end of said curve at the platted end of Norwich Drive right of way (50' R.O.W.) according to the plat of Castlegate II Subdivision, Section 201; THENCE S 41 56' 44" W across the end of Norwich Drive for a distance of 50.00 feet to the beginning of a counterclockwise curve having a radius of 25.00 feet; THENCE along said curve through a central angle of 92° 19'28" for an are distance of 40.34 feet (chord bears: S 88° 08' 5 V W - 36.12 feet) to the end of said curve; THENCE through said remainder of 202.66 acre tract for the following calls: N 48° 03' 20" W for a distance of 77.00 feet to the beginning of a counterclockwise curve having a radius of 25.00 feet; Along said curve through a central angle of 90° 00' 00" for an arc distance of 39.27 feet (chord bears: N 03 03' 16" W - 35.36 feet) to the end of said curve; N 48° 03' 16" W for a distance of 70.55 feet to the beginning of a counterclockwise 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 86° 56' 44" W - 35.36 feet) to the end of said curve; N 48° 03' 16" W for a distance of 50.00 feet; N 41 56'44" E for a distance of 40.00 feet; N 48° 03' 16" W for a distance of 411.65 feet to the most westerly corner of this herein described tract; N 41° 56'44" E for a distance of 563.63 feet; S 48° 03' 16" E for a distance of 95.55 feet to the beginning of a counterclockwise curve having a radius of 25.00 feet; Along said curve through a central angle of 90" 00' 00" for an arc distance of 39.27 feet (chord bears: N 86° 56' 44" E - 35.36 feet) to the end of said *Brazos CountyAbstxact Company "More than 140 Years of Title Service" curve; N 41 56' 44" E for a distance of 70.00 feet to the beginning of a counterclockwise 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: N 03° 03' 23" W - 35.36 feet) to the end of said curve; N 41 56' 29" E for a distance of 101.00 feet to the southwest line of another Parkland Dedication Area of said Castlegate II Subdivision, Section 200; THENCE S 48 03' 31" E along the southwest line of said Parkland Dedication Area, same being the extension of the northeast line of W. S. Phillips Parkway (101' R.O.W.), for a distance of 561.75 feet to the platted end of W. S. Phillips Parkway; THENCE S 41 56'29" W across the end of W. S. Phillips Parkway for a distance of 101.00 feet to the beginning of a clockwise curve having a radius of 25.00 feet; THENCE along said curve through a central angle of 90 00' 00" for an arc distance of 39.27 feet (chord bears: S 03° 03' 31" E - 35.36 feet) to the end of said curve at the platted end of Victoria Avenue; THENCE S 48 03' 31" E across the end of Victoria Avenue for a distance of 77.00 feet to the POINT OF BEGINNING, containing 12.437 acres of land, more or less. TITLE APPEARS TO BE VESTED IN: DOS DORADO DEVELOPMENT, LLC d/b /a 3 -D DEVELOPMENT by Special Warranty Deed with Vendor's Lien from Diebel Family Partners, Ltd. dated June 1, 2010, recorded in Volume 9656, page 213 and corrected in Volume 9735, page 105, Official Records of Brazos County, Texas. SUBJECT TO: 1. LIENS: Deed of Trust dated June 1, 2010, executed by Dos Dorado Development, LLC, d /b /a 3 -D Development to J. Davis Watson, Trustee, securing one note of even date payable to Diebel Family Partners, Ltd., in the principal Brazos CountyAbstract Company "More than 140 Years of Title Service" amount of $5,327,272.00, recorded in Volume 9656, page 220, Official Records of Brazos County, Texas. (covers 202.655 acres) 2. ABSTRACT OF JUDGMENT /FEDERAL AND /OR STATE LIENS: NONE OF RECORD U EASEMENTS: Easements, or claims of easements, which are not recorded in the public records. Easement from W. I. McCulloch to City of Bryan, Texas, dated May 12, 1937, recorded in Volume 98, page 179, Deed Records of Brazos County, Texas. Easement from Mrs. Esther McCulloch Dansby to City of Bryan, Texas, dated March 16, 1983, recorded in Volume 566, page 489, Deed Records of Brazos County, Texas. Temporary Blanket Utility Easement from Dos Dorado Development, LLC d/b /a 3 -D Development to City of College Station, Texas, dated October 19, 2011, recorded in Volume 10392, page 276, Official Records of Brazos County, Texas. 4. OUTSTANDING MINERALS AND /OR ROYALTIES: Mineral reservation in Deed from Esther Jane Grant McDougal to Pauline Grant Diebel, dated September 30, 1993, recorded in Volume 1934, page 157, Official Records of Brazos County, Texas. Title to this reservation has not been traced subsequent to the date of the above -cited instrument. Mineral reservation in Deed from Esther Jane Grant McDougal to Diebel Family Partners, Ltd., dated April 7, 2000, recorded in Volume 4027, page 29, Official Records of Brazos County, Texas. Title to this reservation has not been traced subsequent to the date of the above -cited instrument. Mineral reservation in Deed from Diebel Family Partners, Ltd. to Dos Dorado Development, LLC dba 3 -1) Development, dated June 1, 2010, recorded in Volume 9656, page 213 and corrected in Volume 9735, page 105, Official Records of Brazos County, Texas. Title to this reservation has „ Brazos CountyAbstxact Company "More than 140 Years of Title Service” not been traced subsequent to the date of the above -cited instrument. Terms and conditions contained in Waiver of Use of Surface Rights executed by Pauline Grant Diebei, recorded in Volume 2106, page 99, Official Records of Brazos County, Texas. Terms and conditions contained in Waiver of Surface Rights executed by Diebel Family Partners, Ltd., et al, recorded in Volume 9656, pages 203 and 208, Official Records of Brazos County, Texas. OIL & GAS LEASES: Estate created by Memorandum of Oil and Gas Lease from Esther Jane Grant McDougal et al to The Williams Partnership, dated November 13, 1990, recorded in Volume 1231, page 532, Official Records of Brazos County, Texas. Title to this lease has not been traced subsequent to the date of the above -cited instrument. 6. RESTRICTIONS: NONE OF RECORD 7. TAXES: NO SEARCH MADE 8. MISCELLANEOUS: All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records, whether listed or not. There may be leases, grants, exceptions or reservations of mineral interests that are not listed. THIS TITLE REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING, EVIDENCED BY THE ACCEPTANCE OF SAME THAT THE UNDERSIGNED, BRAZOS COUNTY ABSTRACT COMPANY DOES NOT UNDERTAKE HEREIN TO GIVE OR EXPRESS ANY OPINION AS TO THE VALIDITY OF THE TITLE TO THE PROPERTY ABOVE DESCRIBED, NOR AS TO THE VALIDITY OF ANY OF THE INSTRUMENTS REPORTED HEREIN, INCLUDING THE PURPORTED DEED(S) ESTABLISHING THE RECORD OWNER(S) CITED ABOVE, BUT IS SIMPLY REPORTING BRIEFLY HEREIN AS TO THE INSTRUMENTS FOUND OF RECORD PERTAINING TO SAID PROPERTY, AND IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THIS TITLE REPORT IS NEITHER A GUARANTY NOR WARRANTY OF THE TITLE, BY ACCEPTANCE OF THIS TITLE REPORT IT IS UNDERSTOOD THAT THE LIABILITY *Brazos CountyAbstxact Company "More than 140 Years of Title Service" OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO THE ACTUAL MONETARY CONSIDERATION PAID FOR SAID REPORT BY SCHULTZ ENGINEERING, LLC. THIS SEARCH HAS BEEN LIMITED TO THE ABOVE MATTERS AND THE ABOVE TIME PERIOD; AND WE HAVE NOT SEARCHED FOR, NOR HAVE REFLECTED HEREIN, ANY EXAMINATION AS TO TAX SUITS, SPECIAL ASSESSMENTS, CONFLICTS OR OTHER INSTRUMENTS WHICH MAY AFFECT TITLE TO THE SUBJECT PROPERTY. IF TITLE INSURANCE COVERAGE, WHICH IS NOT PROVIDED BY THIS REPORT, IS NEEDED, SAID COVERAGE IS AVAILABLE THROUGH THE APPLICABLE PROMULGATED POLICY(IES), AND AT A SPECIFIED RATE PREMIUM. BRAZOS COUNTY ABSTRACT COMPANY �1 J BY: _ LISA KEMP