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=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:
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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