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HomeMy WebLinkAboutWarranty Deeda =PECIAL WARRANTY DEED OF PARKLI# D THE STATE OF TEXAS § 402775.. � KNOW ALL MEN BY, THESE FREftNTSS COUNTY OF BRAZOS § t ` ` - That we, W. D. FITCH, Individually, of Br)�2os County, Tee xas, R and YOUNG BROTHERS, INC., CONTRACTORS, a Texas corporation, �l acting by and through its Vice President, A. Boyd, whose prin- cipal office is in McLennan County, Texas, for,and in considera- tion of TEN DOLLARS W 0.00), the receipt and sufficiency of which is hereby acknowledged and in complianc'a with the City of College Station Ordinance No. 1265 dated January 22, 1981, requir- ing the dedication of parkland by developers;- have, subject to the reservations from and exceptions to this conveyance listed below, GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto THE CITY OF COLLE6E STATION, a Texas home rule municipality, located in Brazos County, Texas, all of the following described real property in Brazos County, Texas, to -wit: All that certain 27.29 acre: tract or parcel of land'. lying and being situated in the S. 14:. Robe rtson.Survey, Abstract -No. 202, in Brazos County, Texas, being ajipart of that 956.1 acre tract described in a deed to W.D.1Fitch recorded in Volume•703, Page 8 of the Official Records; of Brazos County.,. Texas, a part of that 172.81 acre tract de"scribed icy a deed: to Area Progress Corporation recorded in Volume 822, page.. - 836 of the official Records of Brazos:Corinty, Texas, and a. part of that 74.9.98 acre tract described in a deed to they College Station Economic Development Foundation recorded in Volume 894, Page 657 of the Official Records of Brazos County, Texas, and being more partieula'ely described by 's metes and bounds in EXHIBIT "A" attached Hereto and incorpo- rated by reference herein; - ("Parkland Property" herein), 'This conveyance is made and accepted subject to the follow- ing reservations and exceptions: 1, Ad Valorem taxes for 1988 and subsequent years and subsequent assessments for prior years; 2. Any and all valid and existing easements, restrictions, rights of way, conditions, exceptions,'reservations and covenants of whatsoever nature of record, if any, and SPECIAL WARRANTY DEED OF PARKLAND W. D. Fitch and Young Brothers, Inc., Contractors to The City of College Station Page one of Four Pages F 410201 pG� LL also to the, zoning laws and other r.strictions; reg ula- , tions, ordinances and statutes of municipal or other governmental authorities applicably* to and enforceable I against the described premises. 3. For Grantors and Grantors' success rs a reservation of the right to use the Parkland Proper y as a route for a major street or boulevard and%or street crossings as Grantors, their successors or ass'i ns, may, in their sole and absolute discretion deem necessary for the overall development of surrounding p)operty. Provided, however, Grantors, for themselves,,their successors or assigns, covenant and agree that if the Parkland Proper- ty is used for a major street or 'oulevard, Grantors, their successors or assigns, sha,I if necessary, convey to the CITY OF COLLEGE STATION additional proper- ty parallel, adjacent, and contiguous to the Parkland Property in an amount necessary foi a pedestrian walk- _. way, which pedestrian walkway shall be constructed by the CITY OF COLLEGE STATION. Grantors, for themselves and their successors or assigns, further covenant and agree that if the Parkland Prop-rty is used for a street crossing, the street crossing_!shall be construct- ed in a manner which does not prevent the use of the Parkland Property as a pedestrian walkway. - CITY OF COLLEGE STATION, covenants and agrees to accept the •'conveyance of the Parkland Property in satisfaction of the requirements imposed by City of College Station Ordinance No. 1265, as'amended from time to time, and waives any and all vari- ances from the specific requirements of such jjedinanee. CITY OF } COLLEGE STATION further covenants and agrees hat the Grantors, their successors or assigns, shall be entitled to a credit ! against future parkland dedication required 'Y City of College Station Ordinance No. 1265, as amended from( ime to time, in an amount equal to three thousand six hundr:�d thirty (3,630) A .`dwelling units. TO HAVE AND TO HOLD the above describe:- premises, together with all and singular the rights and appurtnances thereto in IiI anywise belonging., unto the said Grantee, its: executors, admini- strators and assigns forever; and we do here y bind ourselves, our heirs, executors and administrators to �k RRANT AND FOREVER DEFEND all and singular the said premises untothe said Grantee, its heirs and assigns, against every person ". omsoever lawfully claiming or to claim the same or any part ther of by, through or -SPECIAL WARRANTY DEED OF PARKLAND W. D. Fitch and Young Brothers, Inc „ contractJs to The City of College Station -I Page Two of Four Pages tf under,' us, but not otherwise. �. EXECUTED this 9�`'"���-day of February, 198.. (.. W. D: FITCH YOUNG BROTHER '. INC.,.. CONTRACTORS BY'P1 - A. OY res2de-It . Mailing address of Grantee: City of College Station i 1101 S. Texas Avenue t, College Station, Texas 77840 (Acknowledgement) 1 THE STATE OF TEXAS § COUNTY OF BRAZOS § : This instrument was acknowledged beforeme on the day of February, 1988, by W. D. FITCH, i ?. .� his Notary Fublt�{ State of Texas Notary's Printed Name: ' sF}t' My Commass':on xpires: (Corporate Acknowledgement)'. THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before' me on the day of February, 1988, by A. P. BOYD, Vice President of YOUNG - BROTHERS, INC., CONTRACTORS, a Texas corpo ation, on behalf of said corporation. Notary P ic, State of 'Texas " My - Comm r r. AGREED AND ACCEPTED: Sri n ' ATTEST•-...'� ,' CITY OF BY "B retaY RR i SPECIAL WARRANTY DEED OF PARKLAND W. D. Fitch and Young Brothers, Inc., C to The City of College Station Page Three of Four Pages xp res: '1' `'AOi`t STATION: 1 rs � 1 ��nf�J(p f ? V j, EXHIBIT A TO SPECIAL WARRANTY DEED C7Fr PARKLAND FROM W. D. PITCH AND YOUNG BROTHERS, � IN .CONTRACTORS, TO CITY OF COLLEGE STATION�.� ` "PARKLAND PROPERTY" f i All that certain tract or parcel of land lyiing: and being situated in the S.W. Robertson Survey, Abstract No. '= , in Brazos County, Texas, being a part of that 956.1 acre tract conveyed to W.D. Fitch by deed recorded in Volume 703, Poe 8 of the Official Records of Brazos County, Texas, a part of That 172.81 acre tract conveyed to Area Progress Corporation by deed recorded in Volume 822, Page 836 of the Official Records of 3ruzos County, Texas, and a part of that 749.98 acre tract co veyed to the college Station Economic Development Foundation y deed recorded in Volume 894, Page657 of the Official Rena ds of Drazos County, Texas, and being more particularly describe' as followst Beginning at the intersection of the southeast line of Green's Prairie Road and the southwest line of 'thel said College Station Economic Development Foundation tract at the most northerly ..corner of the said W.D- Fitch tract Wb*ilpb is also the most 'northerly corner of the said Area Progress orporation tract. Thence, S 410 52' 23" W - 81.85 feet along thesoutheast line of Green's Prairie Road to the most westerl corner of the Exxon Pipeline Company easement described by Alendment of Easement recorded in Volume 959, Pages 149 and 152 0' the Official Records Of Brazos County, Texas; Thence S 39° 34' 29" E - 7218.35 feet alongilthe southwest line of the said Exxon Pipeline Company easement t''P1 the south corner of same in the south line of the said W.D. Pith tract; ' Thence N.86" 47' 41, E - 100.50 feet along the south line of the said W.D. Fitch tract to the most easterly ,orner of same; Thence N 390 34' 29" W - 248.48 feet along the northeast line of the said W.D. Fitch tract to the south corn,rof the said College Station Economic Development Foundation'tra't.: Thence N 660 49' 29" E - 105.57 feet along. said College Station Economic Development P northeast line of the Gulf States Utilit:. easement described in Volume 129, Page 49S 152 of the Deed Records of Brazos County,T Thence N 39° 34' 29" W 7,117.07 feet ale of the said Gulf States Utilities Comp southeast line of Green's Prairie Road; Thence S 41" 52' 23" W '85.91 feet along Green's Prairie Road to the Point of Beg 27.29 acres of land more or less. SPECIAL WARRANTY DEED OF PARKLAND W. D. Fitch and Young Brothers, rnc,,: to The City of College Station '-Page Four of Four Pages .,0: 1029".Li 0 7 c he south line of the xadation tract to the as Company 100 foot and Volume 130, Page Can; the northeast line easement to the southeast line of m and containing