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HomeMy WebLinkAboutWarranty Deed FILED BY ALAMO TITLE COMPANY Notice of confidentiality lights: if you are a natural person, you may remove or strike any or all of the following information from this Instrument before it is filed for record in the public records:your Social Security number or your driver's license number. SPECIAL WARRANTY DEED STATE OF TEXAS § COUNTY OF BRAZOS § Effective Date: July 9,2007 Grantor. Grid Project 105,Ltd.,a Texas limited partnership 13430 Northwest Freeway,Suite 1075 Harris County Houston,Texas 77040 Grantee: Asset Plus Realty Corporation,a Texas corporation 5151 San Felipe,Suite 2050 Suite 2050 Harris County Houston,Texas 77056 Consideration: TEN and No/100 DOLLARS ($10.00) cash in hand and other good and valuable consideration paid by Grantee,the receipt and legal sufficiency of which are hereby acknowledged. Tract I All that certain tract or parcel of land lying and being situated in the Morgan Rector League, Abstract No.46, in College Station, Brazos County,Texas, being the same tract conveyed to Grid Project 105, Ltd., by deed recorded in Volume 5930, Page 221 of the Official Public Records of Brazos County, Texas, which is also the tract conveyed to the Davis and Thelma McGill Family Limited Partnership by deed recorded in Volume 4196, Page 239 of the Official Public Records of Brazos County, Texas, being bounded by KFO Addition Phase III according to plat of record in Volume 481, Page 65 of the Deed Records of Brazos County, Texas,Troy Subdivision according to plat of record in Volume 2182, Page 36 of the Official Public Records of Brazos County,Texas, Grid Project 105, Ltd. 6.263 acre tract described in Volume 5879, Page 163 of the Official Pubic Records of Brazos County, Texas and by Dartmouth Drive and being more particularly described in Exhibit"A"which is attached hereto and hereby incorporated for all purposes. Tract II All that certain tract or parcel of land lying and being situated in the Morgan Rector League, Abstract No. 46, in College Station, Brazos County, Texas, being the same land called 6.378 acres and conveyed to Grid Project 105, Ltd. by deed recorded in Volume 5879, Page 163 of the Official Records of Brazos County, Texas, which is also the tract conveyed to the Davis and Thelma McGill Family Limited Partnership by deed recorded in Volume 2437, Page 33 of the Official Public Records of Brazos County Texas, and being more particularly described in Exhibit "B"which is attached hereto and hereby incorporated for all purposes. Reservations from Conveyance and Warranty: Return to: David Pitschmann None. Alamo Title Company 5599 San Felipe, Suite 1400 Houston, Texas yo C F# '/0/ P:\GenlryWtather Holleman-Dartmouth 181901Documents for Closing1Special Warranty Deed vl.doc age i of K ® c Exceptions to Conveyance and Warranty: a. Easements as shown on plat recorded in Volume 481, Page 65 of the Deed Records of Brazos County, Texas and shown on survey dated December 16, 2004, prepared by David R. Mayo, Registered Professional Land Surveyor,Texas Registration No. 1475(Tract I) b. Blanket easement from Sam Richardson, et al to City of Bryan dated April 14, 1937 recorded in Volume 98, Page 214,Deed Records of Brazos County,Texas(Tract II) c. Public utility easement from Grid Project 105, Ltd., a Texas limited partnership, to City of College Station dated July 13, 2004 recorded in Volume 6205, Page 226, Official Records, Brazos County, Texas and shown on survey dated December 16, 2004, prepared by David R. Mayo, Registered Professional Land Surveyor,Texas Registidlion No. 1475 (Tract II) d. Easement from Martin Leissner to City of College Station dated June 22, 1973 recorded in Volume 317, Page 118, Deed Records of Brazos County,Texas and shown on survey dated December 16, 2004, prepared by David R. Mayo, Registered Professional Land Surveyor, Texas Registration No. 1475(Tract I) e. Easement from Martin Leissner to City of College Station dated June 22, 1973 recorded in Volume 317, Page 119,Deed Records of Brazos County,Texas(Tract I) f. Easement from Leon W. Stasney to Lone Star Gas Company dated December 20, 1951 recorded in Volume 148, Page 415, Deed Records of Brazos County, Texas: as partially defined in Volume 69, Page 653, Release Records, Brazos County,Texas(Tract I) g. Easement from Sypcon Construction Company to City of College Station dated September 18, 1985 recorded in Volume 826, Page 751, Official Records, Brazos County, Texas(Tract II) h. 20' Sanitary sewer easement from Jay W. Bonds, et al to City of College Station dated February 26, 1974 recorded in Volume 335, Page 452, Deed Records, Brazos County,Texas and shown on survey dated December 16, 2004, prepared by David R. Mayo, Registered Professional Land Surveyor,Texas Registration No. 1475(Tract II) i. Mineral deed executed by Metro Properties, Inc. to The Seaford Group, Inc. dated December 6, 1990 recorded in Volume 1226, Page 346, Official Records, Brazos County, Texas (Tract II) j. Mineral reservation in Deed by Metro Properties, Inc., a Texas Corporation formerly Oakdell International, Inc., to Sypcon Construction Corp., a Texas corporation dated September 28, 1979 recorded in Volume 435, Page 692, Deed Records, Brazos County, Texas(Tract II) k. Oil and Gas Lease by Metro Properties, Inc. to William M. Carrot, President to W&W Minerals, dated October 8, 1984 recorded in Volume 744, Page 244, Official Records,Brazos County, Texas(Tract II) I. Oil and Gas Lease by The Seaford Group, Inc. to Inco Oil Corporation, dated February 18, 1992 recorded in Volume 1506, Page 95,Official Records, Brazos County,Texas(Tract II) m. The following matters shown on survey dated December 16, 2004, prepared by David R. Mayo, Registered Professional Land Surveyor,Texas Registration No. 1475(Tract I) i. Aerial CATV & powerline along that portion of the Southeast property line of Tract I; and V.C.T. sanitary sewer-recently taken out of service across both tracts P:\GentryiMather Holleman-Dartmouth 18190\Documents for Ciosing\Speciai Warranty Deed vl.doc Page 2 of 7 Grantor, for the consideration and subject to the Reservations and Exceptions to Conveyance and Warranty, does hereby GRANT, SELL and CONVEY to Grantee the Property, together with, all and singular, the rights and appurtenances thereto in any wise belonging, to have and hold to Grantee, Grantee's successors or assigns forever. Grantor hereby binds Grantor and Grantor's successors and assigns to WARRANT and FOREVER DEFEND, all and singular, the Property to Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through or under Grantor, but not otherwise, subject, however, to the Reservations and Exceptions to Conveyance and Warranty. As a material part of the Consideration for this deed, Grantor and Grantee agree that Grantee is taking the Property'AS IS" with any and all latent and patent defects and that there is no warranty by Grantor that the Property has a particular financial value or is fit for a particular purpose. Grantee acknowledges and stipulates that Grantee is not relying on any representation, statement, or other assertion with respect to the Property condition except as expressly set forth in the Contract of Sale of Unimproved Property dated October 18, 2006 pursuant to which this deed is being delivered (the 'Contract"),•but is relying on Grantee's examination of the Property. Grantee takes the Property with the express understanding and stipulation that there are no express or implied warranties except for limited warranties of title set forth in this deed and the warranties set forth in the Contract Standby fees, taxes and assessments by any taxing authority for the year 2007 for the Property, which Grantee assumes and agrees to pay,shah be prorated as of the Closing Date. When the context requires, singular nouns and pronouns include the plural. Executed on the date set forth In the acknowledgment line below, to be effective for all purposes as of the Effective Date. of EXECUTED to be effective for all purposes as of the [ day of 2007. GRANTOR: Grid Project 105, Ltd., a Texas limited partnership, by Corps Ventures, LLC, a Texas limited liability Company, Its Sole General Partner By: . Name / A. Ili Title: _ t •s jL L STATE OF TEXAS • § COUNTY OF 3 0.A.Ak..D Q ► . This instrument was acknowledged before me on this 1 day of ,2007, by_ rALL 4- 1tr of Corps Ventures, LLC, a Texas limited liability company, the sole general partner of Grid • oject 105, td., a Texas limited partnership. OAP , PAMELLA ANN CHAVEZ f a. a Ni f Nobry Pubic Stall d N• .ry Public, S =e of - •� ., My Commission balms 3-01-2011 t =i P:1Genlry'Mather Holleman-Dartmouth 181900Documentz for Closing\Special Warranty Deed vl.doc Page 3 of 7 EXHIBIT"A" Tract One: All that certain tract or parcel of land lying and being situated in the Morgan Rector League, Abstract No. 46, in College Station, Brazos County, Texas, being the same tract conveyed to Grid Project 105, Ltd. by deed recorded in Volume 5930, Page 221 of the Official Public Records of Brazos County, Texas, which is also the tract conveyed to the Davis and Thelma McGill Family Limited Partnership by deed recorded in Volume 4196, Page 239 of the Official Public Records of Brazos County, Texas, being bounded by KFO Addition Phase III according to plat of record in Volume 481,Page 65 of the Deed Records of Brazos County, Texas, Troy Subdivision according to plat of record in Volume 2182, Page 36 of the Official Public Records of Brazos County, Texas, Grid Project 105, Ltd. 6.263 acre tract described in Volume 5879, Page 163 of the Official Public Records of Brazos County, Texas, and by Dartmouth Drive and being more particularly described as follows: Beginning at a 5/8" iron rod with a plastic cap stamped 'Brad Kerr RPLS 4502" found in the southwest line of Dartmouth Drive at the most easterly corner of the said Grid Project 105, Ltd. 6.263 acre tract. Thence S 18° 27' 23' E—381.20 feet along the southwest line of Dartmouth Drive to a 1/2" iron rod with an orange plastic cap stamped`H.P. Mayo RPLS 5045" set at the most northerly corner of the said Troy Subdivision, from which a 1/2"iron rod was found N 15° E—0.56 feet; Thence S 42° 03' 10"W—227.45 feet along the line between the said Troy Subdivision and the said McGill tract to a 12" iron rod with an orange plastic cap stamped `H.P. Mayo RPLS 5045' set at the most easterly corner of the said KFO Addition, from which 1/2" iron rods were found N 81°W—0.49 feet and S 13" E—0.51 feet; Thence N 46°00'42"W—336.16 feet along the northeast line of the said KFO Addition to a 1/2" iron rod with an orange plastic cap stamped `H.P. Mayo RPLS 5045" set in the southeast line of the said Grid Project 105, Ltd. tract, from which a 1/2" iron rod was found S 29° E— 0.56 feet and a 4" square concrete monument was found S 42° 38' 33' W — 29.31 feet at the most southerly corner of the said Grid Project 105, Ltd. 6.263 acre tract; Thence N 42° 38' 33" E—403.78 feet along the southeast line of the said Grid Project 105, Ltd. 6.263 acre tract to the Point of Beginning and containing 2.424 acres of land more or less. P:\Gentry\Mather Holleman-Dartmouth 181901Documents for Closing\Special Warranty Deed vl.doc Page 4 of 7 EXHIBIT"B" Tract Two: All that certain tract or parcel of land lying and being situated in the Morgan Rector League, Abstract No. 46, in College Station, Brazos County, Texas, being the same land called 6.378 acres and conveyed to Grid Project 105, Ltd. by deed recorded in Volume 5879, Page 163 of the Official Public Records of Brazos County, Texas, which is also the tract conveyed to the Davis and Thelma McGill Family Limited Partnership by deed recorded in Volume 2437, Page 33 of the Official Public Records of Brazos County, Texas, and being more particularly described as follows: Beginning at a 5/8' iron rod with a yellow plastic cap stamped "BRAD KERR RPLS 4502"found in the southwest line of Dartmouth Drive at the common corner of the said McGill tract described in Volume 2437, Page 33 of the Official Public Records of Brazos County, Texas, and the 2.423 acre tract conveyed to Davis and Thelma McGill Family Limited Partnership by deed recorded in Volume 4196, Page 239 of the Official Public Records of Brazos County, Texas. Thence S 42° 38' 33' W—433.09 feet along the line between the McGill tracts to a 4' square concrete monument found at the most southerly corner of the said McGill 6.378 acre tract at the most easterly corner of the Vacating and Resubdivision of Lots 53, 59, 64, 65 and Portions of Lots 54, 58, 60, 63 and 66 of the Richards Addition recorded in Volume 448, Page 363 of the Deed Records of Brazos County, Texas, in the northwest line of the KFO Addition Phase Ill described by plat recorded in Volume 481, Page 65 of the Deed Records of Brazos County, Texas, from which a 1/2"iron rod was found 29.14 feet northeast at the most northerly comer of the said KFO Addition 0.5 feet southeast of the line between the said McGill tracts; Thence N 48° 15' 19' W—706.35 feet along the southwest line of the said McGill called 6.378 acre tract, at 113.09 feet pass the southeast line of Sterling Street as described by plat of Richards Addition recorded in Volume 137, Page 25 of the Deed Records of Brazos County, Texas, at 356.50 feet pass the southeast line of Richards Street as described by plat of Richard Addition, from which a 1/2' iron rod was found 1.8 feet northeast and another 1/2' iron rod was found 0.4 feet southeast, at 405.8 feet pass a 1/2' iron rod found 0.2 feet southwest, at 406.49 feet pass the northwest line of Richards Street and at 406.6 feet pass a 5/8' iron rod found 0.4 feet southwest, to a 5/8' iron rod with a yellow plastic cap stamped 'BRAD KERR RPLS 4502" found in the southeast line of Holleman Drive as described by Street and Utility Easement recorded in Volume 826, Page 751 of the Official Records of Brazos County,Texas. Thence along the arc of a clockwise curve in the southeast line of Holleman Drive (R=965.00', Delta=10°53' 12")the chord of which bears N 72° 57' 10" E— 183.08 feet to a 5/8' iron rod with a yellow plastic cap stamped'BRAD KERR RPLS 4502'found at the end of said curve; Thence N 78° 23'46" E—514.76 feet continuing along the southeast line of Holleman Drive to a 5/8' iron rod found at the beginning of a clockwise curve(R=25.00 feet); Thence along the arc of said curve through a central angle of 79° 59' 00"to a 5/8" iron rod found at the end of said curve; P:1Gentry\Mather Holleman-Dartmouth 181901Documents for Closing\Special Warranty Deed vl.doc Page 5 of 7 Thence S 21° 37' 14" E-229.72 feet along the southwest line of Dartmouth Drive as described by Street and Utility Easement recorded in Volume 826, Page 751 of the Official Records of Brazos County, Texas, to a 5/8" iron rod with a yellow plastic cap stamped °BRAD KERR RPLS 4502"found at the beginning of a clockwise curve (R=1099.94'); Thence along the arc of said curve through a central angle of 3° 08' 04"to a 1/2" iron rod found at the end of said curve; Thence S 17° 50' 26" E-24.76 feet continuing along the southwest line of Dartmouth Drive to the Point of Beginning and containing 6.377 acres of land more or less. SAVE AND EXCEPT Richards Street Right-of-Way Beginning at the intersection of the southwest line of the called 6.378 acre tract conveyed to Davis and Thelma McGill Family Limited Partnership by deed recorded in Volume 2437, Page 33 of the Official Public Records of Brazos County, Texas, and the southeast line of Richards Street according to plat of record in Volume 137, Page 25 of the Deed Records of Brazos County, Texas. Thence N 48° 15' 19" W-49.99 feet along the southwest line of the said McGill tract to the northwest line of Richards Street from which a 5/8" iron rod was found 0.4 feet southwest; Thence N 41° 30' 23" E-63.61 feet along the northwest line of Richards Street to a 3/8' iron rod found at the most northerly corner of Richard Street and the most easterly corner of Lot 27 of the said Richards Addition; Thence S 49°32' 59" E -50.00 feet along the northeast line of the said Richards Addition to a 3/8° iron rod found (bent) at the most easterly corner of Richards Street and the most northerly corner of Lot 54 of the said Richard Addition; Thence S 41° 30'23°W-64.74 feet along the southeast line of Richards Street to the Point of Beginning and containing 3,208 square feet of land more or less. Sterling Street Right-of-Way Beginning at the intersection of the southwest line of the called 6.378 acre tract conveyed to Davis and Thelma McGill Family Limited Partnership by deed recorded in Volume 2437, Page 33 of the Official Public Records of Brazos County, Texas, and the southeast line of Sterling Street according to plat of record in Volume 137, Page 25 of the Deed Records of Brazos County,Texas. Thence N 48° 15' 19" W- 24.99 feet along the southwest line of the said McGill tract to the northwest line of Sterling Street; Thence N 41*37'07" E -69.67 feet along the northwest line of Sterling Street to a 318" iron rod found at the most northerly corner of Sterling Street which is also the most easterly corner of Lot 60 of the said Richards Addition; P;\Gentry\Mather Holleman-Dartmouth 18190KDocuments for Closing'.Spectal Warranty Deed vl.doc Page 6 of 7 Thence S 49° 32' 59' E —25.00 feet along the northeast line of the said Richards Addition to a 318' iron rod found at the most easterly corner of Sterling Street and the most northerly corner of Lot 66 of the said Richards Addition; Thence S 41° 37' 070 W—70.24 feet along the southeast line of Sterling Street to the Point of Beginning and containing 1,749 square feet of land more or less. The net area less the rights-of-way of Richards and Sterling Streets is 6.26 acres of land more or less. P:\Gentry\Mather Hoaeman-Dartmouth 181901Documents for Closing\Special Warranty Deed vl.doc Page 7 of 7 UNANIMOUS WRITTEN. .:ONSENT BY ALL OF THE DIREC AS OF ASSET PLUS REALTY CORPORATION The undersigned, being all the directors of Asset Plus Realty Corporation a Texas corporation (the "Corporation"), by written action effective July 6, 2007, do hereby adopt the following: WHEREAS, the Corporation, as purchaser, and Grid Project 105, Ltd., a Texas limited partnership, as seller, have entered into that certain Contract of Sale of Unimproved Property dated as of October 18, 2006 (as amended, the "Purchase Agreement") covering 8.684 acres of real property located in Brazos County,Texas(the"Property"). WHEREAS, the undersigned directors of the Corporation wish to authorize the Corporation to take all actions necessary or appropriate to cause the Corporation to acquire the Property; WHEREAS, the undersigned directors of the Corporation wish to ratify the acts of the Corporation and its officers in connection with the execution and delivery of the Purchase Agreement by the Corporation. NOW,THEREFORE, IT IS HEREBY: RESOLVED, that the Corporation's acquisition of the Property pursuant to the Purchase Agreement is hereby authorized and approved; RESOLVED, that the President or any Vice President of the Corporation is hereby authorized, on behalf of the Corporation and without joinder of any other person or entity, to execute such instruments and documents (e.g., deed, title company affidavits) and to take such other actions as the officer so acting deems necessary or desirable and in the best interest of the Corporation to effectuate the transactions contemplated by these resolutions; and further RESOLVED, that the signature of the President or any Vice President of the Corporation constitutes conclusive evidence of the Partnership's approval of the documents signed and of the binding effect of such documents and instruments on the Corporation;and further RESOLVED, that any and all actions taken by any of the officers or representatives of the Corporation, for and on behalf and in the name of the Corporation, in connection with the transactions contemplated herein prior to the adoption of these resolutions, including, but not limited to, the negotiation and execution of the Purchase Agreement, are hereby ratified, confirmed, and approved in all respects for all purposes. RESOLVED, that this Written Action may be executed in counterparts, all of which, when taken together,shall constitute one and the same original. Stephen S. Spessari. I Mic •e' . McGrath (being all of the directors of Asset Plus Realty Corporation) Exhibit"A" TRACT ONE: Abstract All that certain tract or parcel of land lying and being e�S�de ame tMorgan nveyed to Grid Project 105, No.46,in College Station, Brazos County,Texas, Ltd. by deed recorded in Volume 5930, Page 221 of the Official Public Records of Brazos County, Texas, which is also the tract conveyed to the Davis and Thelma McGill Family Limited Partnership by deed recorded in Volume 4196, Page 239 of the Official Public Records of Brazos County, being bounded by KFO Addition Phase ilaccording to plat according in plat record 481, in Page 65 e of the Deed Records of Brazos County,Texas,Troy Texas, 82, dose 36 i the lu a Public R e r63 of Brazos of the Oficia PublicRecoRecords Project105, County,Texas,and tract described in Volume 5879, Peg Dartmouth Drive and being more particularly described as follows: Beginning at a 518" iron rod with a plastic cap stamped"Brad Kerr RPLS 4502"found in the southwest line of Dartmouth Drive at the most easterly corner of the said Grid Project 105,Ltd. 6263 acre tract. Thence S 18°27'23" E-381.20 feet along the southwest line of Dartmouth Drive to a 1// iron rod with an orange plastic cap stamped 'H.P. Mayo RPLS 5046" set at the most northerly corner of the said Troy Subdivision,from which a 1.6"iron rod was found N15°E-0.56 feet; Thence S 42° 03' 10" W -227.45 feet along the line between the said Troy Subdivision and the said McGill tract to a '/4" iron rod with an orange plastic cap stamped 'H.P. Mayo RPLS 5045" set at the most easterly corner of the said KFO Addition,from which I" iron rods were found Nal°W-0.49 feet and 913°E-0.51 feet; Thence N 46°00'42"W-336.16 feet along the northeast line of the said KFO Addition to a1/2" iron rod with an orange plastic cap stamped"H.P. Mayo RPLS 5046" set in the southeast line of the said Grid Project 105, Ltd.tract,from which a 14"iron rod was found S29°E- 0.56 feet and a 4"square concrete monument was found S 420 38'33"W-29.31 feet at the most southerly corner of the said Grid Project 105, Ltd.6.263 acre tract; •L t 5. 1, Thence N 42° 38' 33" E- 403.78 feetalong l containing the southeast acnes of land more rirdeProject,106, Ltd.6.263 acre tract to the Point of Beginning andg TRACT TWO: All that certain tract or parcel of land lying and being situated in the Morgan Rector League, Abstract No. 46, in College Station, Brazos County, Texas, being the same land called 6.378 acres and conveyed to Grid Project 105, Ltd. by deed recorded in Volume 5879, Page 163 of the Official Public Records of Brazos County, Texas, which is also the tract conveyed to the Davis and Thelma McGill Family Limited Partnership by deed recorded in Volume 2437, Page 33 of the Official Public Records of Brazos County,Texas,and being more particularly described as follows: Beginning at a 518'iron rod with a yellow plastic cap stamped"BRAD KERR RPLS 4502" found in the southwest line of Dartmouth Drive at the common corner of the said McGill tract described in Volume 2437,Page 33 of the Official Public Records of Brazos County,Texas, and the 2.423 acre tract conveyed to Davis and Thelma McGill Family Limited Partnership by deed recorded in Volume 4196, Page 239 of the Official Public Records of Brazos County,Texas. y A,! Thence S 42° 36'33"W -433.09 feet along the line between the McGill tracts to a 4" square concrete monument found at the most southerly oomer of the said McGill 6.379 acre tract at the most eas erly corner64 of the Vacating and Resubdivision of Lots 53.59, ,65 and Portions of Lots 54,58, 60, 66 of the Richards Addition recorded In Volume 448, Page 363 of the DeedRecords ad Brazos County,481, Texas,in the northwest line of the KFC AdditionPhase described Th,from which IA"by plat rod was found Volume 29.14 feet Page 65 of the Deed Records of Brazos County, northeast at the most northerly corner of the said KFO Addition 0.5 feet southeast of the line between the said McGill tracts; Thence N 48° 15' 19° W - 706.36 feet along the southwest line of the said McGill allledds 78dl 8 are e tract,at 113.09 feet pass the southeast line of Sterling Street as described by piaal of f Rich trd feat pass recorded in Volume 137, Page 25 of the Deed Records of Brazos County, e southeast line eaStreet dr'A"ironrodplat of Richard was found 0 4 feeAddition, southeast,at 405.8 feet pass a was found 1.8 feet northeast and the northwest tine of Richards Street and at IA"iron rod found 02 feet southwest, at 406.49 feet pass 406.6temfeet pass a EFI iron LS45 found in the southeast inend 0.4 feet southwest. to a Soflron rod with a oNeman Drive aso described by Street "BRAD KERR R Street and Utility Easement recorded in Volume 826, Page 751 of the Official Records of Brazos County,Texas; Thence along the arc of a clockwise curve in the southeast line of Holleman Drive (R 965.00', Delta 10° 53' 12") the chord of which bears N 72° 57' 10" E - 183.08 feet to a 518° iron rod with a yellow plastic cap stamped'BRAD KERR RPLS 4502"found at the end of said curve; Thence N 78°23'46" E - 614.76 feet continuing n along gnthe feet); southeast line of Holleman Drive to a 516" iron rod found at the beginning of a clockwise cuThence along the arc of said curve through a central angle of 79°59'00"to a 5/8' iron rod found at the end of said curve; ... Thenc 9.72 eet ed by Street S 21*Utility 14" E - 22 recorded In Volumethe southwest line 8 6, Page 751 of of thee Offih cial Rer~prds of Brazos Count and ,'!ty Easement capstamped"BRAD KERR RPLS 4502"found at ccunty.Texas,to a 518"iron rod with a yellow plastic the beginning of a clockwise curve(R=1099.94'); Thence along the arc of said curve through a central angle of 3° 08' 04" to a1" iron rod found at the end of said curve; Thence 5 17°50'26' E-24.76 feet continuing along the southwest line of Dartmouth Drive to the Point of Beginning and containing 6.377 acres of land more or less. SAVE AND C t o Tract'rwo: Richards Street Right-of-Wav Beginning at the intersection of the southwest fine of the called 6.378 acre tract conveyed to Davis and Thelma McGill Family Limited Partnership by deed recorded In Volume 2437, Page 33 of the Official Public Records of Brazos County,Texas,and the southeast line of Richards Street according to plat of record in Volume 137, Page 25 of the Deed Records of Brazos County,Texas. Thence N 48° 15' 19"W-49.99 feet along the southwest line of the said McGill tract to the northwest line of Richards Street from which a 518"iron rod was found 0.4 feet southwest; Thence N 41°30'23° E-63.61 feet along the northwest line of Richards Street to a 318"iron rod found at the most northerly corner of Richard Street and the most easterly corner of Lot 27 of the said Richards Addition; Thence S 49°32'59" E-50.00 feet along the northeast line of the said Richards Addition to a 3/8° iron rod found(bent) at the most easterly corner of Richards Street and the most northerly corner of Lot 54 of the said Richard Addition; Thence S 41° 30' 23° W - 64.74 feet along the southeast line of Richards Street to the Point of Beginning and containing 3,208 square feet of land more or less. Sterling Street Right-of-Wav Beginning at the intersection of the southwest line of the called 6.378 acre tract conveyed to Davis end Thelma McGill Family Limited PartnershipTexas, r by the sodeed utheast line line ofin iume S ening Street7, aacxordiny to pla33 of the t Official Public Records of Brazos County, record in Volume 137,Page 25 of the Deed Records of Brazos County.Texas. Thence N 49° 15'19°W -24.99 feet along the southwest line of the said McGill traot to the northwest line of Sterling Street; Thence N 410 37'07° E- 69.67 feet along the northwest line of Sterling Street to a 3/8°iron rod found at the most northerly corner of Sterling Street which Is also the Most easterly corner of Lot 60 of the said Richards Addition; • Thence S 49°32'59° E-25.00 feet along the northeast line of the said Richards Addition to a 3/8°iron rod found at the most easterly corner of Sterling Street and the most northerly corner of Lot 66 of the said Richards Addition; Thence S 41°3T or W-70.24 feet along the southeast line of Sterling Street to the Point of Beginning and containing 1,749 square feet of land more or less. The net area less the rights-of-way of Richards and Sterling Streets is 6.26 acres of land more or less. Note:The Company does not represent that the acreage or square footage calculations are correct.