HomeMy WebLinkAboutWarranty DeedThis Warranty Deed being 4Q4Q' w ' qq"— d"'qf�
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LAWYERS TITLE CL. add page 5. Doc Bk Vol Pg
{. F# Com`' �^ i 00904846 OR 6940 34
NOTICE OF CONFIDENTIALITY RIGIiTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORINIATION
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 WITH VENDOR'S LIEN
Date: Executed to be effective September2005
Grantor: CAT1E KLEEREKOPER ALLAN, INDEPENDENT EXECUTRIX OF THE
ESTATE OF HERMAN KLEEREKOPER, DECEASED, AS SET OUT IN
PROBATE CAUSE NO. 12,335, BRAZOS COUNTY, TEXAS
Grantor's Mailing Address: 2790 Aster Crescent
Regina, Sask. S4V2A1
Canada
Grantee: THE PLAZAS AT ROCK PRAIRIE RD., LTD., a Texas limited partnership
Grantee's Mailing Address: 1117 Eldridge Parkway
Houston, TX 77077
Consideration: In and for the sum of Ten and No/100 ($10.00) Dollars, and other good and valuable
consideration, the receipt of which is hereby acknowledged, and the sum of SIX HUNDRED
TWENTY SEVEN THOUSAND SIX HUNDRED SEVENTY FOUR AND NO/100 DOLLARS
($627,674.00), as is evidenced by the execution and delivery by Grantee of its one certain
promissory note in said sum of $775,000.00, of even date herewith and bearing interest from date
until maturity at the rate specified therein, payable to the order of REGIONS BANK and providing
for acceleration of maturity in event of default and for attorney's fees; with such note being secured
by a vendor's lien retained in favor of REGION'S BANK, and said note is additionally secured by
Deed of Trust of even date herewith to MICHAEL G. TURNER, Trustee.
Property (including any improvements): ALL THAT CERTAIN TRACTOR PARCEL OF LAND
CONTAIN91NG 1.79 ACRES (77,972 SQUARE FEET) SITUATED IN THE THOMAS
CARUTI-IERS SURVEY, ABSTRACT NO. 9 AND THE ROBERT STEVENSON SURVEY,
ABSTRACT NO.54, COLLEGE STATION, BRAZOS COUNTY, TEXAS, AND BEING ALL OF
A CALLED 1.04 ACRE TRACT DESCRIBED IN DEED FROM ROCK PRAIRIE BAPTIST
CHURCH TO HERMAN KLEEREKOPER, RECORDED INV GLUME 4209, PAGE 158 OF THE
OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND A PART OF A CALLED 2.825
ACRE TRACT DESCRIBED IN DEED TO HERMAN KLEEREKOPER RECORDED IN
VOLUME 357, PAGE 107 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS;
BEGINNING AT A 5/8 INCH CAPPED IRON ROD SET AT THE NORTH CORNER OF SAID
1.04 ACRE TRACT, IN THE SOUTHEAST LINE OF LOT 2-A, BLOCK 1 OF THE AMENDING
PLAT OF CORNERSTONE COMMERCIAL SECTION ONE ACCORDING TO THE PLAT
THEREOF RECORDED INT VOLUME 3922 PAGE 282 OFFICIAL RECORDS BRAZOS
COUNTY, TEXAS, AND BEING THE WEST CORNER OF A CALLED 15 ACRE TRACT
DESCRIBED IN DEED TO EDWARD UVACEK, JR., RECORDED IN VOLUME 274 PAGE 383,
DEED RECORDS OF BRAZOS COUNTY, TEXAS, FROM WHICH A V2 INCH IRON ROD
BEARS NORTH 44 DEG. 46 MIN. 24 SEC. EAST, 1.18 FEET;
THENCE SOUTH 45 DEGREES 31 MINUTES 20 SECONDS EAST ALONG THE COMMON
LINE OF SAID 1.04 ACRE TRACT AND SAID 15 ACRE TRACT A DISTANCE OF 256.26
FEET TO A 5/8 INCH CAPPED IRON ROD SET IN THE NORTHERLY RIGHT-OF-WAY LINE
OF ROCK PRAIRIE ROAD (90 FEET WIDE) TNT A CURVE, FOR THE SOUTHEAST CORNER
OF SAID 1.04 ACRE TRACT AND THE HEREIN DESCRIBED TRACT, FROM WHICH A
FENCE POST BEARS NORTH 81 DEG. 46 MIN. 49 SEC. WEST, 0.29 FEET;
THENCE IN A WESTERLY DIRECTIOIN ALONG THE NORTH RIGHT-OF-WAY LINE OF
SAID ROCK PRAIRIE ROAD, THE SOUTH LINE OF THE HEREIN DESCRIBED TRACT THE
FOLLOWING:
JDY%I'rtni KLEEREKOPER DEED 02-1262 1
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SOUTHWESTERLY ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1045.00
FEET, A CENTRAL ANGLE OF 13 DEG. 19 MIN. 53 SEC., AN ARC LENGTH OF 243.15 FEET,
HAVING A CHORD BEARING AND DISTANCE OF SOUTH 67 DEG. 15 MLN. 34 SEC. WEST,
242.60 FEET TO A 5/8 INCH CAPPED IRON ROD SET FOR THE END OF SAID CURVE:
SOUTH 60 DEGREES 33 MINUTES 13 SECONDS WEST A DISTANCE OF 259.79 FEET TO
A 5/8 INCH CAPPED IRON ROD SET MARKING THE WEST CORNER OF A TRACT
DESCRIBED IN DEED TO CITY OF COLLEGE STATION RECORDED IN VOLUME 4121
PAGE 257 OFFICIAL RECORDS BRAZOS COUNTY, TEXAS, BEING THE EASTERLY
SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;
NORTH 74 DEGREES 26 MINUTES 47 SECONDS WEST A DISTANCE OF 21.22 FEET TO
A 5/8 INCH CAPPED IRON ROD SET IN THE EASTERLY RIGHT-OF-WAY LINE OF STATE
HIGHWAY NO. 6, BEING THE WESTERLY SOUTHWEST CORNER OF THE HEREIN
DESCRIBED TRACT;
THENCE. NORTH 29 DEGREES 20 MINUTES 49 SECONDS WEST ALONG THE WESTERLY
LINE OF SAID STATE IIIGHWAY NO. 6, A DISTANCE OF 77.25 FEET TO A 5/8 INCH
CAPPED IRON ROD SET MARKING TIIE SOUTH CORNER OF LOT 2-C, BLOCK I OF SAID
AMENDING PLAT OF CORNERSTONE COMMERCIAL SECTION ONE AND THE
NORTHWEST CORNER OF "THE HEREIN DESCRIBED TRACT, FROM WHICH A lh IN,
CAPPED IRON ROD BEARS NORTH 44 DEG. 46 MIN. 24 SEC. EAST, 0.62 FEET;
THENCE NORTH 44 DEGREES 46 MINUTES 24 SECONDS EAST ALONG TIIE COMMON
LINE OF SAID 2.825 ACRE TRACT, SAID 1.04 ACRE TRACT AND SAID LOTS 2-C AND 2-A
AT 236.73 FEET PASS A''/z INCH IRON ROD MARKING THE COMMON CORNER OF SAID
LOTS 2-C AND 2-A, CONTINUING 1N ALL A TOTAL, DISTANCE OF 462.06 FEET 1.0 THE
POINT OF BEGINNING AND CONTAINING 1.79 ACRES (77,972 SQUARE FEET) OF LAND.
Reservations from and Exceptions to Conveyance and Warranty:
I . Any claims as a result of the ditch located on the herein described property as shown and
noted on the survey dated July 1, 2005, revised on July 19, 2005, revised on August 12,
2005, revised on September 1, 2005, prepared by Hughes -Southwest Surveying Company,
Fred F. Lawton, R.P.L.S. No. 5530.
2. Rights or claims, if any, of adjoining property owners in and to that portion of the herein
described property lying betweenthe fence and the rear lot line adjacent to Lot 2-A, as shown
and noted on survey by Hughes -Southwest Surveying Company, Fred F. Lawton, R.P.L.S.
No. 5530, dated July 1, 2005, revised on July 19, 2005, revised on August 12, 2005, revised
on September 1, 2005.
3. Easement executed by Hermann Kleerekoper to City of College Station, Texas, dated
September 13, 2001, recorded in Volume 4351, Page 49, Official Records of Brazos County,
Texas, as shown and noted on survey by Hughes -Southwest Surveying Company, Fred F.
Lawton, R.P.L.S. No. 5530, dated July 1, 2005, revised on July 19, 2005, revised on August
12, 2005, revised on September 1, 2005.
4. Easement executed by Herman Kleerekoper to City of College Station; Texas, dated
December 22, 1986, recorded in Volume 940; Page 68; Official Records of Brazos County,
Texas, and as shown and noted on survey by Hughes -Southwest Surveying Company, Fred
F. Lawton, R.P.L.S. No. 5530, dated July 1, 2005, revised on July 19, 2005, revised on
August 12, 2005, revised on September 1, 2005.
5. Easement as set out in Deed dated June 27, 2001, executed by Rock Prairie Baptist Church
to Herman Kleerekoper, recorded in Volume 4209, Page 158, Official Records of Brazos
County, Texas, and as shown and noted on survey by Hughes -Southwest Surveying
Company, Fred F. Lawton, R.P.L.S. No. 5530, dated July 1, 2005, revised on July 19, 2005,
revised on August 12, 2005, revised on September 1, 2005.
6. 20' Wide City of Bryan Electrical Easement executed by R.R. Shaw and wife, Mrs. Emma
Shaw to The City of Bryan, Texas, dated April 13, 1937, recorded in Volume 98, Page 77,
Deed Records of Brazos County, Texas, and as shown and noted on survey by Hughes -
Southwest Surveying Company, Fred F. Lawton, R.P.L.S. No. 5530, dated July 1, 2005,
revised on July 19, 2005, revised on August 12, 2005, revised on September 1, 2005.
)r)A'vAkm KLEEREKOPER DEED 02.1262 2
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7. Mineral reservation contained in Deed executed by Rock Prairie Baptist Church to Herman
Kleerekoper, dated June 27, 2001, recorded in Volume 4209, Page 158; Official Records of
Brazos County, Texas.
8. Royalty reservation contained in Deed executed by Lynn Nitch and husband Charles Nitch,
D.A. Battle, and Josephine Gee and husband Arthur Gee to Robert J. Butler and wife. Jean
C. Butler, dated January 21, 1959, recorded in Volume 195, Page 217, Deed Records of
Brazos County; Texas.
9. Oil, Gas and Mineral Lease executed by Herman Kleerekoper and wife, Jacoba Kleerekoper
to Sage Energy Company, dated November 9, 1992, recorded in Volume 1709; Page 233,
Official Records of Brazos County, Texas (3 year primary term).
10. Oil, Gas and Mineral Lease executed by Willis S. Ritchey, Rock Prairie Baptist Church,
Arthur P. Olden, Michael J. Muth; Dr., Member of Board of Deacons acting on behalf of the
Congregation to Chaparral Minerals, Inc., dated March 1, 1978, recorded in Volume 31, Page
699, Oil and Gas Records of Brazos County, Texas (5 year primary term); Amendment of
Oil and Gas Lease dated September 15, 1998, recorded in Volume 3296, Page 191, Official
Records of Brazos County, Texas; Amendment of Oil and Gas Lease dated January 29,1999,
recorded in Volume 3412, Page 329, Official Records of Brazos County, Texas.
SAVE AND EXCEPT, and there is hereby reserved unto Grantor, her heirs and assigns, any and all
of the oil, gas and other minerals in and wider and that may be produced from the herein described
real property, PROVIDED HOWEVER, as to the mineral interest owned by the Grantor except as
may be provided in instruments currently of record, there shall be no right of ingress or egress to the
surface of the premises at any time for the purpose of mining, drilling, exploring, operating and
developing said lands for oil, gas and other minerals and removing the same therefrom, or for the
purposes of using such property for the storage or transportation of oil, gas and other minerals.
Nothing herein shall prohibit the Grantor or Grantor's successors and assigns from pooling or
permitting slant drilling under said premises to develop and produce the oil, gas and minerals owned
by Grantor and Grantor's successors and assigns. Grantor makes no representation as to any oil, gas
and minerals not owned by Grantor.
Grantor, for the consideration and subject to the reservations from and exceptions to
conveyance and warranty contained herein, grants, sells, and conveys to Grantee the property,
together with all and singular the rights and appurtenances thereto in any wise belonging, to have and
to hold unto Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever.
Grantor binds Grantor and Grantor's heirs, executors, administrators, successors, and assigns to
warrant and forever defend all and singular the property unto Grantee and Grantee's heirs, executors,
administrators, 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, except as to the reservations from and exceptions to conveyance and warranty contained
herein.
RF_.GIONS BANK at the instance and request ofthe grantee herein, having advanced and paid
in cash to the Grantors herein a portion of the purchase price of the herein described property as is
evidenced by a portion of the hereinbefore described $775,000.00 Note, the Vendor's Lien, together
with the Superior Title to said property, is retained herein for the benefit of said REGIONS BANK
and the same are hereby transferred and Assigned without recourse to said REGIONS BANK.
GRANTEE ACKNOWLEDGES THAT GRANTOR HAS NOT MADE AND DOES NOT
MAKE ANY REPRESENTATIONS AS TO THE PHYSICAL CONDITION OF THE PROPERTY,
OR ANY OTHER MATTER AFFECTING OR RELATED TO THE PROPERTY (OTHER THAN
WARRANTIES OF TITLE AS PROVIDED AND LIMITED HEREIN). GRANTEE EXPRESSLY
AGREES THAT TO TIIE MAXIMUM EXTENT PERMITTED BY LAW, THE PROPERTY IS
CONVEYED "AS IS" AND "WITH ALL FAULTS", AND GRANTOR EXPRESSLY
DISCLAIMS, AND GRANTEE ACKNOWLEDGES AND ACCEPTS THAT GRANTOR HAS
DISCLAIMED, ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTIES OF
ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED (EXCEPT AS TO TITLE AS
HEREIN PROVIDED AND LIMITED) CONCERNING THE PROPERTY, INCLUDING,
WITHOUT LIMITATION: (i) THE VALUE, CONDITION, MERCHANTABILITY,
HABITABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A
PARTICULAR USE OR PURPOSE, OF THE PROPERTY; (ii) THE MANNER OR QUALITY
OF THE CONSTRUCTION, OR THE MATERIALS, IF ANY, INCORPORATED INTO THE
CONSTRUCTION, OF ANY IMPROVEMENTS TO THE PROPERTY; AND (iii) THE MANNER
JDP 1km KLEEREKOPER DEED 02-1262 3
We4a46 IIR 69481 379
OF REPAIR, QUALITY OF REPAIR, STATE OF REPAIR OR LACK OF REPAIR OF ANY
SUCH IMPROVEMENTS. BY GRAN -TEE'S ACCEPTANCE OF THIS DEED, GRANTEE
REPRESENTS THAT GRANTEE HAS MADE: (i) ALL INSPECTIONS OF THE PROPERTY
TO DETERMINE ITS VALUE AND CONDITION DEEMED NECESSARY OR APPROPRIATE
BY GRANTEE, INCLUDING, WITHOUT LIMITATION, INSPECTIONS FOR THE PRESENCE
OF ASBESTOS, PESTICIDE RESIDUES, HAZARDOUS WASTE AND OTHER HAZARDOUS
MATERIALS; AND (ii) INVESTIGATIONS TO DETERMINE N&WETHERANY PORTION OF
THE PROPERTY LIES WITHIN ANY FLOOD HAZARD AREA AS DETERMINED BY THE
U.S. ARMY CORPS OF ENGINEERS OR OTHER APPLICABLE AUTHORITY.
When the context requires, singular nouns and pronouns include the plural.
CATIE KLEEREKOPER ALLAN, INDEPENDENT
EXECUTRIX OF THE ESTATE OF HERMAN
KLEEREKOPER, DECEASED, AS SET OUT IN
PROBATE CAUSE NO. 12,335, BRAZOS
COUNTY, TEXAS
COUNTRY OF CANADA
PROVINCE OF SASKATCHEWAN
Before me, e1 &-z:1yia GQ 1-r. Q41ftO- . a person authorized to
administer oaths in Canada, on this day personally appeared CATIE KLEEREKOPER ALLAN.
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that she executed the same by proper authority as Independent Executrix, on
behalf of the estate of HERMAN KLEEREKOPER, deceased, for the purposes and consideration
therein expressed.
Given under my hand and seal of office this i f1l day of September; 200
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ACCEPTED AND AGREED:
THE PLAZAS AT ROCK PRAIRIE RD., LTD., a
Texas limited partnership
By: PLAZAS ROCK PRAIRIE GP, LTD., a Texas
limited partnership, General Partner
By: VISTAjROCK PRAIRIE, LLC, a Tcxas
limited�tiabiliry company, General Partnq;
13y:
I JR.,
STATE OF TEXAS §
COUNTY OF 1oxns §
This instrument was acknowledged before me on the j
� 1—�'dav of September, 2005, by
WOODY MANN, JR., president of VISTA ROCK PRAIRIE, LLC, a Texas limited liability
company, General Partner of PLAZAS ROCK PRAIRIE GP, LTD., aTcxas limited partnership,
General Partner of THE PLAZAS AT ROCK PRAIRIE RD., LTD., a Texas limited partnership, on
behalf of said partnership.
MARIE WRIGHT Notary Public, State of Texas
State o
notaPublic
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June 20, 2009 Filed for Rward in.,
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)9042'48 OR 69291 2458
BILL & RETURN T0:
LAWYERS TITLE CO. .
G� S 1,31
SPECIAL WARRANTY DEED WITH VENDOR'S LIEN
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS :
COUNTY OF BRAZOS :
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY 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.
That CEDAR CREEK CONDOS, LTD., a Texas Limited Partnership, of the County of Brazos and State of Texas
(hereinafter referred to as "Grantor"), for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other
good and valuable consideration to the undersigned paid by the Grantee herein named, the receipt of which is hereby
acknowledged, and the further consideration of the execution and delivery by Grantee of that one certain promissory note dated
SEPTEMBER 7, 2005, in the original principal sum of SEVEN HUNDRED SEVENTY-FIVE THOUSAND AND NO/100
DOLLARS ($775,000.00), payable to the order of REGIONS BANK, 5005 Woodway Drive, Houston, Harris County, Texas
77056, as therein provided and bearing interest at the rates therein specified and providing for acceleration of maturity in event
of default and for attorney's fees; the payment of which note is secured by the vendor's lien herein retained, and is additionally
secured by a deed of trust of even date herewith to MICHAEL G. TURNER, Trustee; has GRANTED, SOLD AND
CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto THE PLAZAS AT ROCK PRAIRIE RD.,
LTD., a Texas Limited Partnership of the County of Harris and State of Texas (herein referred to as "Grantee"), all of the
following described real property ("Property") situated in BRAZOS County, Texas, to -wit:
TRACT ONE:
Lot Two C (2-C), Block One (1), REPLAT OF CORNERSTONE COMMERCIAL, SECTION ONE,
an addition to the City of College Station, Brazos County, Texas, according to the Plat recorded in
Volume 3922, Page 282, Official Records of Brazos County, Texas.
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TRACT TWO:
TOGETHER WITH ALL RIGHT, TITLE AND INTEREST IN AND TO THE FOLLOWING
EASEMENT:
Being all that certain lot, tract or parcel of land being 0.796 of one acre situated in the ROBERTSON
STEVENSON LEAGUE, Abstract No. 54 and the THOMAS CARUTHERS SURVEY, Abstract No.
9, City of College Station, Brazos County, Texas, and being a part of that certain Called Lot 2, Block
One, of the AMENDING PLAT of CORNERSTONE COMMERCIAL SECTION ONE, of record
in Volume 3283, Page 201, Official Records of Brazos County, Texas, same being out of a Called
8.244 acre tract as described in deed from the Federal Deposit Insurance Corporation to C.S.L. of
Texas, Inc. of record in Volume 2011, Page 199, Official Records of Brazos County, Texas, said
0.796 acre tract being more particularly described by metes and bounds as follows;
COMMENCING at a Vz" Iron Rod found in concrete for the most easterly corner of a certain 4.328
acre tract, same being the most easterly corner of said Lot 2 and Called 8.244 acre tract, said corner
being the most southerly corner of Lot 6, Block 13, WOODCREEK Section 4 of record in Volume
1315, Page 217, and also being located on the northwest line of the Edward Uvacek, Jr. called 15 acre
tract as described in Volume 274, Page 383;
THENCE S 270 03' 09" W, along the southeast line of said Lot 2 and Called 8.244 acre tract a
distance of 80.00 feet to a Vi" Iron Rod found for an exterior corner of said 4.328 acre tract;
THENCE S 440 46'24" W, continuing along the southeast line of said Lot 2 and Called 8.244 acre
tract a distance of 226.56 feet to a V? Iron Rod set for the most southerly corner of this 0.796 acre
tract, same being the most southerly corner of said 4.328 acre tract and the most easterly corner of a
certain 1.803 acre tract, said point also being THE BEGINNING POINT OF THIS 0.796 ACRE
TRACT;
THENCE N 290 17' 24" W, along a common line between said 4.328 acre tract and said 1.803 acre
tract a distance of 312.63 feet to a V2" Iron Rod set for an interior corner;
THENCE S 600 42' 36" W, along a common line between said 4.328 acre tract and said 1.803 acre
tract a distance of 227.97 feet to a Vi" Iron Rod set in the northeast right-of-way line of STATE
HIGHWAY NO. 6 for a south corner, said corner being N 29° 24'48" W a distance of 377.50 feet
from a Vz" Iron Rod set for an angle point in said right-of-way line;
THENCE N 290 24'48" W, along said right-of-way line a distance of 55.00 feet to a V2" Iron Rod set
for a west corner, said comer being S 29° 24'48" E a distance of 9.55 feet from a Concrete right-of-
way monument found for an angle point in said right-of-way line, said corner being a west corner of
said 4.328 acre tract and also being the most southerly corner of a certain 1.931 acre tract;
THENCE N 600 42'36" E, along a common line between said 4.328 acre tract and said 1.931 acre
tract a distance 228.09 feet to a V? Iron Rod set for an interior corner;
THENCE N 290 17'24" W, along a common line between said 4.328 acre tract and said 1.931 acre
tract a distance of 329.51 feet to a Vz" Iron rod set in the southeast right-of-way line of
WOODCREEK DRIVE for the most northerly west corner;
THENCE N 600 33'05" E, along said southeast right-of-way line of WOODCREEK DRIVE and the
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northwest line of said Lot 2 and Called 8.244 acre tract a distance of 12.50 feet to a point for the most
northerly corner, said corner being S 60° 33'05" W a distance of 121.57 feet from a %2" Iron Rod
found for the most northerly corner of said Lot 2 and the most westerly corner of Lot 1, Block One,
of said Cornerstone Commercial Section One;
THENCE S 290 1724" E, a distance of 693.60 feet to a point in the southeast line of said Lot 2 for
the most westerly corner;
THENCE S 44" 46' 24" W along said southeast line a distance of 13.00 feet to the PLACE OF
BEGINNING containing an area of 34671 square feet or 0.796 of one acre of land more or less.
TRACT THREE:
TOGETHER WITH ALL RIGHT, TITLE AND INTEREST IN AND TO THE FOLLOWING
EASEMENT:
Being all that certain lot, tract or parcel of land being 0.156 of one acre situated in the ROBERT
STEVENSON LEAGUE, Abstract No. 54 and the THOMAS CARUTHERS SURVEY, Abstract No.
9, City of College Station, Brazos County, Texas, and being a part of that certain Called Lot 2, Block
One, of the AMENDING PLAT of CORNERSTONE COMMERCIAL SECTION ONE, of record
in Volume 3283, Page 201, Official Records of Brazos County, Texas, same being out of a Called
8.244 acre tract as described in deed from the Federal Deposit Insurance Corporation to C.S.L. of
Texas, Inc. of record in Volume 2011, Page 199, Official Records of Brazos County, Texas, said
0.156 acre tract being more particularly described by metes and bounds as follows:
COMMENCING at a %2" Iron Rod set in the southwest right-of-way line of WOODCREEK DRIVE
for the most westerly corner of a certain 1.931 acre tract, said corner being the most northerly corner
of the TAC Realty, Inc. Called 0.012 Acre Tract as described in Volume 1565, Page 318, and the
calculated most westerly corner of said Lot 2;
THENCE with the northwest line of said Lot 2 and the southeast right-of-way line of WOODCREEK
DRIVE around a curve in a clockwise direction having a delta angle of 090 52' 04", an arc distance
of 153.28 feet, a radius of 890.00 feet, and a chord of N 550 37'03" E, a distance of 153.09 feet to
a %2" Iron Rod found for the point of tangency of said curve;
THENCE N 600 33'05" E, continuing along the northwest line of said Lot 2 and the southeast right-
of-way line of WOODCREEK DRIVE a distance of 121.37 feet to a point for the most westerly
corner of this access easement AND THE BEGINNING POINT OF THIS 0.156 ACRE TRACT:
THENCE N 600 33'05" E along the northwest line of said Lot 2 a distance of 12.50 feet to a %2" Iron
Rod set for the most northerly corner, said corner being the most westerly corner of a certain 4.328
acre tract and the most northerly corner of said 1.931 acre tract, and being S 60° 33'05" W a distance
of 134.07 feet from a %2" Iron Rod found for the most northerly corner of said Lot 2;
THENCE S 290 17'24" E, along a common line between said 1.931 acre tract and said 4.328 acre
tract a distance of 329.51 feet to a %2" Iron Rod set for the most easterly corner, same being an interior
corner of said 4.328 acre tract;
THENCE S 600 42'36" W, along a common line between said 1.931 acre tract and said 4.328 acre
tract a distance of 228.09 feet to a %2" Iron Rod set in the northeast right-of-way line of STATE
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HIGHWAY NO. 6 for the most southerly corner, same being an exterior corner of said 4.328 acre
tract;
THENCE N 290 24' 48" W, along said northeast right-of-way line a distance of 9.55 feet to a
Concrete right-of-way monument found for an angle point in said right-of-way;
THENCE N 400 04'07" W, continuing along said northeast right-of-way line a distance of 3.00 feet
to a point for the most southerly west corner;
THENCE N 600 42'36" E, a distance of 216.17 feet to a point for an interior corner;
THENCE N 290 17' 24" W, a distance of 316.97 feet to the PLACE OF BEGINNING AND
CONTAINING AN AREA OF 6814 square feet or 0.156 OF ONE ACRE OF LAND MORE OR
LESS.
TRACT FOUR:
TOGETHER WITH ALL RIGHT, TITLE AND INTEREST IN AND TO THE FOLLOWING
EASEMENT:
Being all that certain lot, tract or parcel of land being 0.152 of one acre situated in the ROBERT
STEVENSON LEAGUE, Abstract No. 54 and the THOMAS CARUTHERS SURVEY, Abstract No.
9, City of College Station, Brazos County, Texas, and being a part of that certain Called Lot 2, Block
One, of the AMENDING PLAT of CORNERSTONE COMMERCIAL SECTION ONE, of record
in Volume 3283, Page 201, Official Records of Brazos County, Texas, same being out of a Called
8.244 acre tract as described in deed from the Federal Deposit Insurance Corporation to C.S.L. of
Texas, Inc. of record in Volume 2011, Page 199, Official Records of Brazos County, Texas, said
0.152 acre tract being more particularly described by metes and bounds as follows;
COMMENCING at a %" Iron Rod set in the northeast right-of-way line of STATE HIGHWAY NO.
6 for the most southerly corner of a certain 1.803 acre tract, said corner being at the calculated
intersection of the southeast line of said Lot 2 and the northeast right-of-way line of STATE
HIGHWAY NO. 6;
THENCE N 290 24'48" W, along the northeast right-of-way line of said STATE HIGHWAY NO.
6 a distance of 377.50 feet to a '/2" Iron Rod set for the most westerly corner of said 1.803 acre tract,
said corner being an exterior corner of a certain 4.328 acre tract, same being the most westerly corner
of this 0.152 of one acre tract AND THE BEGINNING POINT OF THIS 0.152 ACRE TRACT;
THENCE N 600 42'36" E, along a common line between said 1.803 acre tract and said 4.328 acre
tract a distance of 227.97 feet to a %" Iron Rod set for the most northerly corner, same being the most
northerly corner of said 1.803 acre tract and an interior corner of said 4.328 acre tract;
THENCE S 290 1724" E, along a common line between said 1.803 acre tract and said 4.328 acre
tract a distance of 312.63 feet to a ''/2" Iron Rod set in the southeast line of said Lot 2 for the most
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easterly corner same being the most easterly corner of said 1.803 acre tract and an exterior corner of
said 4.328 acre tract, said corner being S 44° 46'24" W a distance of 226.56 feet from a %2" Iron Rod
found for an exterior corner of said Lot 2;
THENCE S 440 46' 24" W, along the southeast line of said Lot 2 a distance of 13.00 feet to a point
for an exterior corner;
THENCE N 290 17'24" W, a distance of 303.70 feet to a point for an interior corner;
THENCE S 600 42'36" W, a distance of 215.44 feet to a point in the northeast right-of-way
line of said STATE HIGHWAY NO. 6 for an exterior corner;
THENCE N 290 24' 48" W, along said northeast right-of-way line a distance of 12.50 feet to the
PLACE OF BEGINNING AND CONTAINING AN AREA OF 6623 square feet or 0.152 OF ONE
ACRE OF LAND, MORE OR LESS.
TRACT FIVE:
TOGETHER WITH ALL RIGHT, TITLE AND INTEREST IN AND TO THE FOLLOWING
EASEMENT:
Being all that certain lot, tract or parcel of land being 0.031 of one acre situated in the ROBERT
STEVENSON LEAGUE, Abstract No. 54 and the THOMAS CARUTHERS SURVEY, Abstract No.
9, City of College Station, Brazos County, Texas, and being a part of that certain Called Lot 2, Block
One, of the AMENDING PLAT of CORNERSTONE COMMERCIAL SECTION ONE, of record
in Volume 3283, Page 201, Official Records of Brazos County, Texas, same being out of a Called
8.244 acre tract as described in deed from the Federal Deposit Insurance Corporation to C.S.L. of
Texas, Inc. of record in Volume 2011, Page 199, Official Records of Brazos County, Texas, said
0.031 acre tract being more particularly described by metes and bounds as follows:
BEGINNING at a %z" Iron Rod set in the northeast right-of-way line of STATE HIGHWAY NO. 6
for the most southerly corner, said corner being at the calculated intersection of the southeast line of
said Lot 2 and the northeast right-of-way line of STATE HIGHWAY NO. 6, said corner also being
the most southerly corner of a certain 1.803 acre tract;
THENCE N 290 24'48" W, along the northeast right-of-way line of said STATE HIGHWAY NO.
6 a distance of 31.18 feet to a point for the most westerly corner, said corner being S 29° 24' 48" E
a distance of410.87 feet from a concrete right-of-way monument found at an angle point in said right-
of-way line;
THENCE N 440 4624" E, a distance of 41.50 feet to a point for the most northerly corner;
THENCE S 450 13'36" E, a distance of 30.00 feet to a point in the southeast line of said Lot 2 for the
most easterly corner, said corner being S 44° 46'24" W a distance of 412.80 feet from a'/2" Iron Rod
found for an exterior corner of said Lot 2;
THENCE S 440 46' 24" W, along the southeast line of said Lot 2 a distance of 50.00 feet to the
PLACE OF BEGINNING AND CONTAINING AN AREA OF 1373 square feet or 0.031 OF ONE
ACRE OF LAND MORE OR LESS.
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THERE IS RESERVED FROM AND EXCEPTED OUT OF THIS CONVEYANCE AND WARRANTY OF
THE PROPERTY THE FOLLOWING:
Restrictive covenants affecting subject property:
(a) PLAT: VOLUME 705, PAGE 623, VOLUME 3283, PAGE 201, VOLUME 3922, PAGE 282,
AMENDED IN VOLUME 3283, PAGE 201, ALL OF THE OFFICIAL RECORDS OF BRAZOS
COUNTY, TEXAS.
(b) RESTRICTIONS: VOLUME 3479, PAGE 41, OFFICIAL RECORDS OF BRAZOS COUNTY,
TEXAS.
NOTE: TO THE EXTENT THAT THESE RESTRICTIONS VIOLATE 42 USC 3604 (c) BY INDICATING
A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX,
HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN, SUCH RESTRICTIONS ARE HEREBY
OMITTED.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or
any overlapping of improvements as shown and noted on survey by Hughes -Southwest Surveying Company,
Fred F. Lawton, R.P.L.S. No. 5530, dated July 1, 2005, revised on July 19, 2005, revised on August 12, 2005,
revised on September 1, 2005, and as shown and noted on survey by Kerr Surveying Co., Brad Kerr, R.P.L.S.
No. 4502, dated May 23, 2005,
3. Standby fees, taxes and assessments by any taxing authority for the year 2005, 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.
25' building line across front of property adjacent to State Highway No. 6; 20' public utility easement across
front of property adjacent to State Highway No. 6; 20' utility easement along side of property; 12.5' private
access easement along side of property adjacent to Lot 2-13; 12.5' private access easement across rear of
property; 30' private cross access easement across portion of front of property adjacent to State Highway No.
6, as reserved on plat recorded in Volume 705, Page 623; Volume 3283, Page 201, Volume 3922, Page 282,
all of the Official Records of Brazos County, Texas, and as shown and noted on survey by Hughes -Southwest
Surveying Company, Fred F. Lawton, R.P.L.S. No. 5530, dated July 1, 2005, revised on July 19, 2005, revised
on August 12, 2005, revised on September 1, 2005.
5. 20' Wide City of Bryan Electrical Easement executed by R.R. Shaw to the City of Bryan, dated April 13, 1937,
recorded in Volume 98, Page 77, Deed Records of Brazos County, Texas, and as shown and noted on survey
by Hughes -Southwest Surveying Company, Fred F. Lawton, R.P.L.S. No. 5530, dated July 1, 2005, revised
on July 19, 2005, revised on August 12, 2005, revised on September 1, 2005.
Easement executed by Woodcreek Joint Venture to City of College Station, dated September 12, 1983,
recorded in Volume 602, Page 519, Official Records of Brazos County, Texas, and as shown and noted on
survey by Hughes -Southwest Surveying Company, Fred F. Lawton, R.P.L.S. No. 5530, dated July 1, 2005,
revised on July 19, 2005, revised on August 12, 2005, revised on September 1, 2005.
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7. Reciprocal Easement Agreement executed by and between Village Hotel Partners, L.P. and CSL of Texas, Inc.,
dated effective April 15,1999, recorded in Volume 3479, Page 41, Official Records of Brazos County, Texas,
and as shown and noted on survey by Hughes -Southwest Surveying Company, Fred F. Lawton, R.P.L.S. No.
5530, dated July 1, 2005, revised on July 19, 2005, revised on August 12, 2005, revised on September 1, 2005,
8. Easement executed by Herman Kleerekoper to City of College Station, Texas, dated December 22, 1986,
recorded in Volume 940, Page 68, Official Records of Brazos County, Texas, and as shown and noted on
survey by Hughes -Southwest Surveying Company, Fred F. Lawton, R.P.L.S. No. 5530, dated July 1, 2005,
revised on July 19, 2005, revised on August 12, 2005, revised on September 1, 2005.
9. Royalty Deed executed by Lynn Nitch Connor to Josephine S. Gee, dated March 28, 1988, recorded in Volume
1036, Page 589, Official Records of Brazos County, Texas.
10. Mineral reservation contained in Deed executed by D. A. Battle, et ux, et al to Robert J. Butler, et ux, dated
January 21, 1959, recorded in Volume 195, Page 217, Deed Records of Brazos County, Texas,
11. Mineral reservation contained in Deed executed by Edward Uvacek, Jr., et ux to Cornerstone Investment
Group, dated December 11, 1980, recorded in Volume 469, Page 426, Deed Records of Brazos County, Texas.
12. Oil, Gas and Mineral Lease executed by Edward Uvacek, Jr., et ux to Chaparral Minerals, Inc., dated
September 20, 1977, recorded in Volume 28, Page 710, Oil and Gas Lease Records of Brazos County, Texas.
Assignment of Overriding Royalty Interest recorded in Volume 387, Page 561, Deed Records of Brazos
County, Texas. Partial Assignment of Oil, Gas and Mineral Leases recorded in Volume 398, Page 684, Deed
Records of Brazos County, Texas. Partial Assignment of Oil, Gas and Mineral Lease recorded in Volume 437,
Page 241, Deed Records of Brazos County, Texas. Partial Assignment of Oil, Gas and Mineral Lease recorded
in Volume 441, Page 44, Deed Records of Brazos County, Texas. Amendment of Assignment of Oil, Gas and
Mineral Lease recorded in Volume 444, Page 494, Deed Records of Brazos County, Texas. Amended and
extended in an instrument dated September 17, 1982, recorded in Volume 68, Page 704, Oil and Gas Lease
Records. Partial Assignment of Oil, Gas and Mineral Lease recorded in Volume 547, Page 292, Deed Records
of Brazos County, Texas. Partial Assignment of Oil, Gas and Mineral Lease recorded in Volume 547, Page
300, Deed Records of Brazos County, Texas. Partial Assignment of Oil and Gas Leases recorded in Volume
551, Page 632, Deed Records of Brazos County, Texas, Partial Assignment of Oil, Gas and Mineral Lease
recorded in Volume 558, Page 262, Deed Records of Brazos County, Texas. Assignment recorded in Volume
574, Page 560, Deed Records of Brazos County, Texas. Ratification recorded in Volume 586, Page 531, Deed
Records of Brazos County, Texas. Ratification recorded in Volume 591, Page 243, Deed Records of Brazos
County, Texas. Ratification recorded in Volume 594, Page 59, Deed Records of Brazos County, Texas.
Assignment of Oil, Gas and Mineral Lease recorded in Volume 912, Page 750, Official Records of Brazos
County, Texas. Assignment of Oil, Gas and Mineral Lease recorded in Volume 925, Page 358, Official
Records of Brazos County, Texas. Partial Assignment of Oil, Gas and Mineral Lease recorded in Volume 951,
Page 239, Official Records of Brazos County, Texas. Partial Assignment of Oil, Gas and Mineral Lease
recorded in Volume 1135, Page 829, Official Records of Brazos County, Texas.
EXCEPTION TO REPRESENTATIONS AND WARRANTIES:
EXCEPT AS EXPRESSLY SET FORTH IN THIS DEED, IT IS UNDERSTOOD AND AGREED THAT
GRANTOR IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR
REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO
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THE SUBJECT PROPERTY, AND THAT GRANTOR EXPRESSLY DISCLAIMS ANY WARRANTIES OR
REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. GRANTEE ACKNOWLEDGES AND AGREES THAT, UPON CLOSING, GRANTOR SHALL
SELL AND CONVEY TO GRANTEE AND GRANTEE SHALL ACCEPT THE SUBJECT PROPERTY "AS
IS, WHERE IS, WITH ALL FAULTS", EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE
IN THIS DEED AND/OR THE PURCHASE AND SALE AGREEMENT ENTERED INTO BY GRANTOR
AND GRANTEE.
GRANTEE HAS NOT RELIED AND WILL NOT RELY ON, AND GRANTOR IS NOT LIABLE FOR OR
BOUND BY, ANY EXPRESS OR IMPLIED WARRANTIES (EXCEPT WARRANTIES OF TITLE HEREIN
PROVIDED), GUARANTIES, STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING
TO THE SUBJECT PROPERTY OR RELATING THERETO (INCLUDING OFFERING PACKAGES
DISTRIBUTED WITH RESPECT TO THE SUBJECT PROPERTY) MADE OR FURNISHED BY GRANTOR
OR ANY REAL ESTATE BROKER OR AGENT REPRESENTING OR PURPORTING TO REPRESENT
GRANTOR, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, ORALLY OR IN
WRITING, UNLESS SPECIFICALLY SET FORTH IN THIS DEED. GRANTEE ALSO ACKNOWLEDGES
THAT THE PURCHASE PRICE REFLECTS AND TAKES INTO ACCOUNT THAT THE SUBJECT
PROPERTY IS BEING SOLD "AS IS." GRANTEE REPRESENTS TO GRANTOR THAT GRANTEE HAS
CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE SUBJECT
PROPERTY, INCLUDING THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS
GRANTEE DEEMS NECESSARY OR DESIRABLE TO SATISFY ITSELF AS TO THE CONDITION OF
THE SUBJECT PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO
BE TAKEN WITH RESPECT TO ANY HAZARDOUS MATERIALS ON OR DISCHARGED FROM THE
SUBJECT PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION
PROVIDED BY OR ON BEHALF OF GRANTOR OR ITS AGENTS OR EMPLOYEES WITH RESPECT
THERETO. UPON CLOSING, GRANTEE SHALL ASSUME THE RISK THAT ADVERSE MATTERS,
INCLUDING ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS MAY NOT HAVE BEEN
REVEALED BY GRANTEE'S INVESTIGATIONS AND EXCEPT AS SET FORTH IN THE DOCUMENTS
DELIVERED BY GRANTOR AT CLOSING, GRANTEE, UPON CLOSING, SHALL BE DEEMED TO HAVE
WAIVED, RELINQUISHED AND RELEASED GRANTOR ITS OFFICERS, EACH AFFILIATE OF
GRANTOR, EACH PERSON WHO HOLDS A DIRECT OR INDIRECT OWNERSHIP INTEREST IN
GRANTOR, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH
OF THEM FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES
OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING
REASONABLE ATTORNEYS' FEES) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR
UNKNOWN, WHICH GRANTEE MIGHT HAVE ASSERTED OR ALLEGED AGAINST ANY ONE OR
MORE OF SUCH PERSONS AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR
PATENT CONSTRUCTION DEFECTS OR PHYSICAL OR ENVIRONMENTAL CONDITIONS,
VIOLATIONS OF ANY APPLICABLE LAWS AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS,
CIRCUMSTANCES OR MATTERS REGARDING THE SUBJECT PROPERTY. THE LANGUAGE ABOVE
IN THE PRECEDING TWO PARAGRAPHS SHALL SURVIVE THE CLOSING.
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and
appurtenances thereto in any wise belonging to the Property, subject to the provisions above, and any right, title, and
interest in Grantor in and to adjacent streets, alleys and rights-of-way, unto the said Grantee, Grantee's heirs, executors,
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administrators, successors, or assigns forever, and Grantor does hereby bind Grantor, and Grantor's heirs, executors,
administrators, successors, and assigns, to warrant and forever defend all and singular the said premises unto Grantee
and Grantee's heirs, executors, administrators, successors, and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, subject to the provisions above, by, through, or under Grantor, but
not otherwise.
When this Deed is executed by more than one person, or when the Grantee is more than one person, the
instrument shall read as though pertinent verbs, nouns and pronouns were changed correspondingly; and when executed
by or to a corporation, the words "heirs and personal representatives" or "heirs and assigns" shall be construed to mean
"successors and assigns".
But it is expressly agreed that the Vendor's Lien, as well as the Superior Title in and to the above described
premises, is retained against the above described property, premises and improvements until the above described note
and all interest thereon are fully paid according to the face, tenor, effect and reading thereof, when this Deed shall
become absolute.
same.
Taxes for the current year have been prorated as of the date hereof, and Grantee assumes and agrees to pay the
REGIONS BANK of Harris County, Texas, at the instance and request of the Grantee herein, having advanced
and paid in cash to the Grantor herein that portion of the purchase price of the herein described property as is evidenced
by the hereinbefore described $775,000.00 note, the Vendor's Lien, together with the superior title to said property, is
retained herein for the benefit of said REGIONS BANK, and the same are hereby transferred and assigned to said
REGIONS BANK.
EXECUTED EFFECTIVE SEPTEMBER 7, 2005.
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CEDAR CREEK CONDOS, LTD.,
a Texas Limited Partnership
By its General Partner:
CEDAR CREEK MANAGEMENT, INC.,
a Texas corp o do
By: 1
Name: EMANUEL H. GLOCKZIN, J .
Title: President
Mailing Address of Grantee:
THE PLAZAS AT ROCK PRAIRIE RD., LTD., a Texas Limited Partnership
1117 Eldridge Parkway
Houston, Texas 77077
THE STATE OF TEXAS
COUNTY OF BRAZOS :
This was acknowledged before me on this the day of SEPTEMBER, 2005, by EMANUEL H.
GLOCKZIN, JR., President of CEDAR CREEK MAN EM NT,-IN.C., Texas corporation, as General Partner
of CEDAR CREEK CONDOS, LTD., a Texas limite artnership, on behalf of sa' EDAR CREEK CONDOS,
LTD., a Texas limited partnership. r—
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NOTARY PUBLIC in and for
The State of Texas
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