HomeMy WebLinkAboutEXAMINERS REPORTAggieland Title Company
GF# 30675
EXAMINER'S REPORT
RECORD TITLE AT THE EFFECTIVE DATE HEREOF APPEARS TO BE VESTED IN
BCS Rock Prairie, LP
THE LAND REFFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS
Being all that certain tract or parcel of land lying and being situated in the JAMES ERWIN SURVEY,
A -119, Brazos County, Texas and being part of the 116.32 acre Tract 2 described in the deed form
Lieven J. Van Riet, Trustee to BCS Rock Prairie, LP recorded in Volume 10914, page 117 of the
Official Records of Brazos County (O.R.B.C.) and being more particularly described by metes and
bounds as follows:
BEGINNING at a found 1/2 -inch iron rod marking the most westerly corner of the said 116.352 acre
BCS Rock Prairie, LP tract, the north corner of Lot 8, Block 4, GREAT OAKS SUBDIVISION, PHASE
ONE as recorded in Volume 4150, page 295 (O.R.B.C.) and being in the southeast line of QUAIL RUN
ESTATES, PHASE 1 as recorded in Volume 351, page 565 of the Brazos County Deed Records
(B.C.D.C.), said iron rod also being at or near the common line of the W.H. FRAZIER SURVEY, A -122
and the JAMES ERWIN SURVEY, A -119;
THENCE: N 43° 50'43" E along the common line of the said 116.352 acre BCS Rock Prairie, LP tract
and QUAIL RUN ESTATES, PHASE 1, said line being approximately along the beforesaid common
line of the W.H. FRAZIER SURVEY, A -122 and the JAMES ERWIN SURVEY, A -119 for a distance
of 379.95 feet to a 1/2 -inch iron rod set for corner;
THENCE: S 40° 50'06" E through the interior of the said 116.352 acre BCS Rock Prairie, LP tract for a
distance of 521.70 feet to a found 1/2 -inch iron rod marking the north corner of Lot 2, Block 5 of said
GREAT OAKS SUBDIVISION, PHASE ONE;
THENCE: along the northerly lines of said GREAT OAKS SUBDIVISION, PHASE ONE for the
following six (6) calls:
1) S 43° 38' 40" W for a distance of 270.86 feet to a found 1/2 -inch iron rod for corner;
2) 110.05 feet in a counter- clockwise direction along the arc of a curve having a central angle of 12° 44'
58 ", a radius of 535.00 feet, a tangent of 59.77 feet and a long chord bearing N 52 43' 49" W at a
distance of 118.00 feet to a found 1/2 -inch iron rod for corner,
3) N 15° 37' 38" W for a distance of 50.00 feet to a found 1/2 -inch iron rod for corner,
4) N 60° 48' 51" W for a distance of 70.00 feet to a found 1/2 -inch iron rod for corner,
5) S 29° 11' 09" W for a distance of 56.64 feet to a found 1/2 -inch iron rod for corner, and
6) N 46° 09' 17" W for a distance of 305.92 feet to the POINT OF BEGINNING and containing 3.946
acres of land, more or less.
3740 Copperfteld Drive, Suite 101 • Bryan, Texas 77802
Phone (979) 731 -8400 • FAX (979) 731 -8408
GF# 30675
RESTRICTIVE COVENANTS:
To Be Recorded
SCHEDULE B EXCEPTIONS
a. Easement granted to Ferguson Crossing Pipe Line Company by Lillian Jones Kurz as
set out in instrument dated October 17, 1991, recorded in Volume 1370, page 217 of
the Official Public Records of Brazos County, Texas.
b. Mineral Reservation as set out in deed dated April 20, 1940 from Janie Boriski and
husband, Mike Boriski to John Hanley and wife, Magdalen Hanley, recorded in
Volume 103, page 530, Deed Records of Brazos County, Texas. Title to this interest
not investigated subsequent to date of said instrument.
Mineral Reservation as set out in deed dated January 22, 1990 from Lillian J. Kurz to
Lillian J. Kurz, John Hanley and Joyce Sandlin as Trustees of the Lillian Jones Kurz
Trust, dated June 1, 1989, recorded in Volume 1164, page 849, Official Public Records
of Brazos County, Texas. Title to this interest not investigated subsequent to date of
said instrument.
d. Mineral Reservation as set out in deed dated July 17, 1992 from Lillian J. Kurz to
Lillian J. Kurz, John Hanley and Joyce Sandlin as Trustees of the L. H. Kurz Trust No.
2, dated June 25, 1992, recorded in Volume 1562, page 14, Official Public Records of
Brazos County, Texas. Title to this interest not investigated subsequent to date of said
instrument.
e. Mineral Reservation as set out in deed dated August 2, 1996 from Magdalen R. Hanley,
Individually and as Independent Executrix of the Estate of John Hanley, Jr., Deceased
and as Trustee of the John Hanley, Jr. Testamentary Trust to Lillian J. Kurz, recorded in
Volume 2662, page 312, Official Public Records of Brazos County, Texas. Title to this
interest not investigated subsequent to date of said instrument.
f. Mineral Reservation as set out in deed dated April 14, 2000 from John Hanley,
Co- Trustee of the L. J. Kurz Trust No. 2 to Bandura Corp., recorded in Volume 3783,
page 194, Official Public Records of Brazos County, Texas. Title to this interest not
investigated subsequent to date of said instrument.
g. Mineral Reservation as set out in deed dated April 14, 2000 from Lillian J. Kurz,
individually and as Co- Trustee, et al to Bandura Corp., recorded in Volume 3783, page
196, Official Public Records of Brazos County, Texas. Title to this interest not
investigated subsequent to date of said instrument.
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GF# 30675
h. Estate created by oil, gas and mineral lease granted to Getty Oil Company by Lillian
Jones Kurz by instrument dated May 16, 1978 and recorded in Volume 32, page 677 of
the Oil, Gas and Mineral Lease 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.
Estate created by oil, gas and mineral lease granted to Getty Oil Company by John
Hanley, Jr. and wife, Magdalen Hanley by instrument dated May 8, 1978 and recorded
in Volume 33, page 117 of the Oil, Gas and Mineral Lease 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.
Surface Waiver, first acknowledged December 13, 1999, executed by William Hanley,
Thomas Hanley, Lilian J. Kurz, Individually and as Co- Trustee, Robert Thomas
Collmer, Co- Trustee and John Hanley, Individually and as Co- Trustee, recorded in
Volume 3783, page 191 of the Official Public Records of Brazos County, Texas.
k. Affidavit of Non - Production executed by Lieven J. Van Riet, Trustee, dated May 21,
2012, recorded in Volume 10684, page 251, Official Public Records of Brazos County,
Texas.
Rights of parties in possession.
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GF# 30675
CURATIVE MATTERS
a. Deed of Trust dated October 25, 2012 from BCS Rock Prairie, LP, a Texas limited
partnership to Tim Jones, Trustee, securing the payment of one note of even date
therewith in the principal sum of $3,350,000.00, and any other amounts payable under
the terms thereof, payable to First Victoria National Bank, filed for record with the
County Clerk of Brazos County, Texas, on October 29, 2012, recorded in Volume
10983, page 1 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.
UAL c
EXA INER'S SIGNATURE
Preparation Date: June 15, 2013
Effective Date: June 3, 2013
Effective Time: 07:00 am
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