HomeMy WebLinkAboutWarranty Deed 0
BILL&RETURN TO: oloboe€U ttR ?Xi) '13
BRAZOS CO i BCT COMPANY
�' ' •i a NFIDEN7,'IALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN ME PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WARRANTY DEED WITH VENDOR'S LIEN
DATE: May 13,2010
GRANTOR: ARRENIA H.ELLIS,FLORENCE H.KING,
LEWIS M.HAUPT,III,and LUELLA H.TROITER
GRANTOR'S MAILING ADDRESS:
Arrenia H.Ellis Lewis M.Haupt,III
22629 Spanish Oaks P.O.Box 25363
San Antonio,Texas 78266-2697 Houston,Texas 77265-5363
Florence H.King Luella H.Trotter
31 Silent Brook Court 1215 Rock Springs Road
The Woodlands,Texas 77381 Duncanville,Texas 75137-2839
GRANTEE: HEATH PHILLIPS INVESTMENTS,LLC
GRANTEE'S MAILING ADDRESS:
4490 Castlegate Drive
College Station,Texas 77845
CONSIDERATION: TEN AND NO/100 DOLLARS($10.00)and a note of even date that
is in the principal amount of TWO MILLION NINE HUNDRED
NINETY-FOUR THOUSAND TWO HUNDRED AND NO/100
DOLLARS($2,994,200.00)and is executed by Grantee,payable to
the order of AMERICAN MOMENTUM BANK. The note is
secured by a vendor's lien retained in favor ofu/NI&.lert4'AF,,
MOMENTUM BANK in this deed and by a deed of trust of even date
from Grantee to JULIUS C.DUNLAP,Trustee.
PROPERTY(INCLUDING ANY IMPROVEMENTS):
Being all that certain tract or parcel of land lying and being situated in the
CRAWFORD BURNETT LEAGUE,Abstract No.7,College Station,Brazos
County,Texas. Said tract being the remainder of a called 136.063 acre tract
as described by a Deed to L M. Haupt,Jr. and wife,Stella Gercn Haupt
01060pS0 4R 9527 114
recorded in Volume 171,page 392,Deed Records of Brazos County,Texas,
and the remainder of a called 3.3 acre tract as described by a Deed to Lewis
M.Haupt,Jr.,recorded in Volume 293,page 788,Deed 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 on the southwest line of Old
Wellborn Road marking the east corner of said remainder of 136.063 acre
tract and the north comer of a called 12.40 acre tract as described by a Deed
to Osage,Ltd.dertarndedilneXolume 1130, page 570, Official Records of
Brazos County,Texas;
THENCE S 41° 12'34" W along the common line of said remainder of
136.063 acre tract and said 12.40 acre tract for a distance of 517.37 feet to a
3/8 inch iron rod found marking the west corner of said 12.40 acre tract and
the north corner of the remainder of a called 8.833 acre tract as described by a
Deed to Greens Prairie Investors,Ltd.,recorded in Volume 8413,page 22,
Official Records of Brazos County,Texas;
THENCE S 41° 55' 50" W along the common line of said remainder of
136.063 acre tract and said remainder of 8.833 acre tract for a distance of
429.64 feet to a 1/2 inch iron rod found marking the common corner of said
remainder of 8.833 acre tract and the remainder of a called 3.0 acre tract as
described by a Deed to Greens Prairie Investors,Ltd.,recorded in Volume
8513,page 276,Official Records of Brazos County,Texas;
THENCE S 41° 18'46" W along the common line of said remainder of
136.063 acre tract and said remainder of 3.0 acre tract for a distance of
124.14 feet to a 1/2 inch iron rod found marking the north corner of
Williamsgate Subdivision,Phase 1,according to the plat recorded in Volume
7705,page 206,Official Records of Brazos County,Texas;
THENCE S 41° 30' 18" W along the common line of said remainder of
136.063 acre tract and Williamsgate Subdivision,Phase 1 and the remainder
of a called 20.25 acre tract as described by a Deed to Robbie Robinson,Ltd.,
recorded in Volume 6446,page 92, Official Records of Brazos County,
Texas,for a distance of 637.46 feet to a 1/2 inch iron rod found marking an
easterly corner of a called 22.97 acre tract as described by a Deed to Charles
I.Turner and Mary E.Turner recorded in Volume 3331,page 61,Official
Records of Brazos County,Texas;
2
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01060560 DR 9627 75
THENCE N 49° 58'35"W along the common line of said remainder of
136.063 acre tract and said 22.97 acre tract for a distance of 562.09 feet to a
1/2 inch iron rod found marking the north corner of said 22.97 acre tract;
THENCE S 41° 21' 39" W continuing along the common line of said
remainder of 136.063 acre tract and said 22.97 acre tract for a distance of
801.59 feet to a 1/2 inch iron rod found on the northwest line of a called
23.00 acre tract described as Tract 2 by a Deed to Henry P.Mayo and wife,
Sandra K.Mayo,recorded in Volume 1253,page 878,Official Records of
Brazos County,Texas,marking the east corner of a called 27.017 acre tract
divided out of said remainder of 136.063 acre tract,said 27.017 acre tract not
yet filed of record at the time of this description;
THENCE through said remainder of 136.063 acre tract and along the
northeast and northwest lines of said 27.017 acre tract for the fol lowing calls:
N 47°43'18"W for a distance of 898.64 feet to a 1/2 inch iron rod found;
S 42°56'01"W for a distance of 803.33 feet to a 1/2 inch iron rod found
marking the beginning of a clockwise curve having a radius of 468.50 feet;
Along said curve through a central angle of 25°02'43"for an arc distance of
204.79 feet(Chord Bears:S 55°26'04"W-203.17 feet)to a 1/2 inch iron
rod found marking the ending point of said curve;
S 67°52'33"W for a distance of 30.24 feet to a 1/2 inch iron rod found on
the northeast line of Jones Butler mad marking the southwest corner of this
herein described tract;
THENCE N 22°02'42"W along the northeast line of Jones Butler Road,
same being the southwest line of said remainder of 3.3 acre tract, for a
distance of 412.84 feet to a 1/2 inch iron rod found marking the common
corner of said remainder of 3.3 acre tract and a called 29,175 acre tract as
described by a Deed to John Wheeler Barger,Trustee,recorded in Volume
7583,page 90,Official Records of Brazos County,Texas;
THENCE N 42° 14'17"E along the common line of said remainder of 3.3
acre tract and said remainder of 136.063 acre tract and said 29.175 acre tract
for a distance of 3402.74 feet to a 6 inch fence corner post found on the
southwest line of Old Wellborn Road marking the north corner of this herein
described tract;
3
01460566 Ott 96 P6
THENCE S 47°04'17"E along the southwest line of Old Wellborn Road for
a distance of 1867.58 feet to the POINT OF BEGINNING,containing 108.88
acres of land,more or less.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
(1) Easements,or claims of casements,which arc not recorded in the
public records.
(2) Service utilities and appurtenant facilities as depicted on survey plat
prepared by Brad Kerr,Registered Professional Land Surveyor,State
of Texas,No.4502,dated March 11,2010.
(3) Right-of-Way Easement from ). W. Mochas to Sinclair Refining
Company,dated September 6,1947,recorded in Volume 132,page
68,Deed Records of Brazos CountyTexas,and noted as a blanket
easement on survey pla�'�°°pfepaiice'tiy Brad Kerr, Registered
Professional Land Surveyor,State of Texas,No.4502,dated March
11,2010.
(4) Right-of-Way Easement from P.D. Gandy et ux to City of Bryan,
dated December 22,1949,recorded in Volume 141,page 392,Deed
Records of Brazos County,Texas,and noted as a blanket easement on
survey plat prepared by Brad Kerr, Registered Professional Land
Surveyor,State of Texas,No.4502,dated March 11,2010.
(5) Right-of-Way Easement from Amenia Haupt Ellis et al to Wellborn
Special Utility District, dated May 12, 1999,recorded in Volume
3645,page 298,Official Records of Brazos County,Texas,and noted
as a blanket easement on survey plat prepared by Brad Kerr,
Registered Professional Land Surveyor, State of Texas,No. 4502,
dated March 11,2010,
(6) Public Utility Easement from Arrenia H.Ellis et al to City of College
Station,Texas,dated May 24,2006,recorded in Volume 7233,page
93, Official Records of Brazos County, Texas, and as shown on
survey plat prepared by Brad Kerr, Registered Professional Land
Surveyor,State of Texas,No.4502,dated March 11,2010.
(7) Temporary Construction Easement from Arrenia H.Ellis et al to City
of College Station,Texas,dated May 24,2006,recorded in Volume
7233,page 103,Official Records of Brazos County,Texas.
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01060560 OR 9627 77
(8) Royalty reservation in Deed from S.F.Machos et al to P.D.Gandy,
dated October 3, 1949,recorded in Volume 140, page 614, Deed
Records of Brazos County,Texas.
(9) Estate created by Oil and Gas Leases from Florence Haupt King et al
to Baker Exploration Company,dated December, 1993,recorded in
Volume 2020, pages 93, 113, 122 and 140, Official Records of
Brazos County,Texas.
Jt�r�ai :.r=s;t Er„(10) Estate created by Oil and Gas Lease from Lewis M.Haupt to Baker
Exploration Company,dated January 5, 1994,recorded in Volume
2020,page 146,Official Records of Brazos County,Texas.
(11) Terms,conditions and stipulations contained in Bill of Sale for Water
rights from Haupt Family Partnership to the Haupt Water Partnership,
dated December 7, 2000, recorded in Volume 4012, page 288,
Official Records of Brazos County,Texas.
(12) SAVE AND EXCEPT,and there is hereby reserved unto Grantor,
his/her heirs, successors and assigns, all of the oil, gas and other
minerals,currently owned by Grantor,in and under and that may be 1`r;
produced from the herein described property, PROVIDED V4
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 sante therefrom,or for the purposes()fusing such property for the
storage or transportation of oil, gas and other minerals. Nothing
herein shall prohibit the Grantor or Grantor's heirs,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 heirs,successors and assigns so long as the foregoing is
accomplished without entering upon, penetrating, weakening,
undermining or disturbing the surface of the Property.Each grantor
makes no representation as to any oil,gas and minerals not owned by
such individual Grantor.
(13) SAVE AND EXCEPT,and there is hereby reserved to Grantor all
groundwater,being all underground water,percolating water,artesian
water and other waters from any and all reservoirs,formations,depths
and horizons beneath the surface of the earth in,under or that may be
produced from the Property,but only to the extent such groundwater
5
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01060560 OR V627 78
is located below 1,000 feet in depth;provided Grantor shall have no
right of ingress and egress upon the Property for purposes of
accessing such groundwater.
Grantor, for the consideration and subject to the reservations from and exceptions to
conveyance and warranty,grants,sells,and conveys to Grantee the property,together with all and
singular the rights and appurtenances thereto in anywise belonging,to have and hold it to Grantee,
Grantee's heirs,executors, administrators,successors,or assigns forever. Grantor hereby binds
Grantor and Grantor's heirs,executors,administrators,and successors to warrant and forever defend
all and singular the property to 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,except as to the reservations from and exceptions to warranty.
The vendor's lien against and superior title to the property are retained until each note
described is fully paid according to its terms,at which time this deed shall become absolute.
AMERICAN MOMENTUM BANK at Grantee's request has paid in cash to Grantor that
portion of the purchase price of the property that is evidenced by the note described. The vendor's
lien and superior title to the property are transferred to that party without recourse on Grantor.
When the context requires,singular nouns and pronouns include the plural.
ARRENIA H.ELLIS
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LORECE H.KING U
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M. A T,Ill t�yy--
L LLA H.TROTTER
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on theil day ofMay,2010,byARRENIA H.
ELLIS.
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Doc 8k vol Pa
01060560 OR 9627 79
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the 1:3.day of May,2010,by FLORENCE
-:; ; ._ sEVEr smert
etYC1)114457,+Exes
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Notary PublisStateo�Iexas
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the /3 day of May,2010,by LEWIS M.
SEAMY STONE
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Notary Public,State of Texas
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was ackn,wledged before me on theI3 day of May,2010,by LUELLA H.
OpaE° Y exp .
cpei 2012 CZ-61.A.Lt A_to ,t
` Notary Public,State of TeWas
rejl'.;w hd In',,,'I
PREPARED BY:
TOM GIESENSCHLAG
3800 Cross Park Drive
Bryan,Texas 77802
(TG/sah/148982)
AFTER RECORDING.RETURN TO:
0 og_ a
BRAZOS COUNTY ABSTRACT COMP r A x g, A �'
P.O.Box 4704 Z. Qi's4 0 F &
Bryan,Texas 77805 A,r;6Q pc 1 $
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RECORDING PAID FOR BY:HLEP OS0090:BARRACKS PHILLIPS SWO(ni)
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91173226 6R 11659 P15
..11 r;.xi .;,'R'tii ifd,:J.
Notice of Confidentiality Rights:if you are a natural person,you
may remove or strike any of the following information from this
instrument before Ms filed for record in the public records:your
social security number or your driver's license number.
SPECIAL WARRANTY DEED
Date: t 1 ,2013
Grantor: HEATH PHILLIPS INVESTMENTS,LLC
Grantee: THE BARRACKS AT ROCK PRAIRIE OWNERS
ASSOCIATION, INC,a Texas nonprofit corporation
Grantee's Mailing Address: P.O.Box 262
Wellborn,TX 77881
Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and
valuable consideration
Property(Including any improvements):
All that certain 12.51 acres tract or parcel of land described as all of The Barracks II
Subdivision, Phase 300, according to the Plat recorded in Volume 11209, Page 184,
Official Records, Brazos County,Texas.
Reservations from Conveyance: None.
Exceptions to Conveyance and Warranty:
This conveyance is made subject to all valid and subsisting easements,restrictions,rights
of way, conditions, exceptions, reservations, and covenants of whatsoever nature of
record,if any,and also to the zoning laws and other restrictions,regulations,ordinances
and statutes of municipal or other governmental authorities applicable to and enforceable
against the described property.
Grantor,for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the
Property,together with all and singular the rights and appurtenances thereto in any way
belonging,to have and to hold it to Grantee and Grantee's heirs,successors,and assigns
forever.Grantor binds Grantor and Grantor's heirs and successors to warrant and forever
Steel Warranty Deed Peg.1 of 2
Doc Bk Vol Py
91173226 OB 11659 16
defend all and singular the Property(except for the Additional Parcels for which Grantor
makes no representation or warranty of title)to Grantee and Grantee's heirs,successors,
. and assigns against every person whomsoever lawfully claiming or to claim the same or
any part thereof, by, through, or under Grantor, but not otherwise, except as to the
Reservations from Conveyance and the Exceptions to Conveyance and Warranty.
When the context requires,singular nouns and pronouns include the plural.
By Grantee's acceptance hereof,Grantee agrees that the conveyance of the Property is
made'AS IS'in its current condition,with Grantee taking the Property with any and all
latent and patent defects and without warranty or representation that the Property is fit for
a particular purpose. Grantee takes the Property under the express understanding that
there are no express or implied warranties(except for limited warranties of title as set forth
in the deed). Grantee, assumes the risk that the Property may contain hazardous
substances and adverse physical conditions. All responsibility and liability related to all 1
hazardous substances and adverse physical conditions on the property,whether known
or unknown,is transferred from Grantor to Grantee.
3
Ad valorem taxes for the current year have been prorated as of the date of delivery of this
deed, and the Grantee by her acceptance hereof covenants and agrees to pay all ad
valorem taxes upon the property from and including taxes for the year 2013.
HEATH PHILUPS INVESTMENTS,LLC
By: ''' " ,d'.ar..e.
Heath Phillips,Manager
STATE OF TEXAS
COUNTY OF BRAZOS
Sir ")i:ivr.!i Ialg.;!
This instrument was acknowledged before me on the. q day of t
2013, by Heath Phillips, Manager of HEATH PHILLIPS INVESTMENTS, C, a xas
limited liability company, on behalf of said company and in the capacity herein stated. i
/'w it1� Iwa►Raft Siam dTww
11.11w
Yrt?m (3pM NOTARY PUBLIC,State of Texas
Mel 12,20111
RECORDING PAID FOR BY:HLE 090090 PREPARED IN THE LAW OFFICE OF:
RECORDING RETURN TO: HOELSCHER,UPSEY. ELMORE I POOLE, P.C.
1 1021 University Drive East
College Station.Texas 77840
SPECIAL W 1.•.: r'DE i WCURE/BARRACKS PHILUPS SWD No
HEATH PHILLIPS INVESTMENTS,LLC
to THE BARRACKS AT ROCK PRAIRIE OWNERS ASSOCIATION,INC.
Spocai Moony Asan Pogo 2 of 2
Doc Bic Vol Ps
01173226 OR 11654 17
filed for Record ins
BRAZOS COUNTY
Do: Oct 11x2013 at 03:31P
Asa
NO LABEL RECORDING
Document Numbers 01173226
Amount 24.00
Receiat limber-487535
Bye
Patsy Noetalbano
STATE OF TEXAS COUNTY OF BRAZOS
I hereby certify that this instrument was
tiled on the date and tine staved hereon by me
and sets duly recorded in the velvet and oan
of the Official Public records of:
BRAZOS COUNTY
as stained hereon be se.
—tet-1113 .,
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ty Clerk
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