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Home My WebLink AboutWarranty Deed SPECIAL WARRANTY DEED OF PARKLAND _,, THE STATE OF TEXAS § ~ ~ r r7 (J ~ i; KNOW ALL MEN ~BY THESE ~PRESEN.TS e, , .,, /~ s COUNTY OF BRAZOS ~ ~/ V~ That we, W. D. FITCH, Individually, of Brazos County, Texas, and YOUNG BROTHERS, LNC., CONTRACTORS, a Texas corporation, acting by and through its Vice President, A. P. Boyd, whose prin- cipal office is in McLennan County, Texas, for and in considera- tion of TEN DOLLARS ($10.00), the receipt and sufficiency of which is hereby acknowledged and. in compliance with the City of College Station-Ordinance No. 1265 dated ,January 22, 1.981, requir- ing the dedication of park]_acid by deveJ.o1:>r~r~;, have,. subject to the reservations. from and excepti.~ns to I,i~is conveyance l.i.sted below,. GRANTED, SOLD AND CONVF]YED, acid ley these presents do GRANT, SELL AND .CONVEY unto THE C:[`:C'Y 01~ COLLRGr STATION, a Texas home rule munici~aJ_ity,-located in Brazos County, Texas, a.ll o:E= the following described real. pr. oper~ty in F3razos County, Texas, to-wit: All that certain 27.?.9 acre: tract or parcel of land lying and being situated in the S. W. Robertson Survey, Abstract No. 202, in' Brazos County, Texas, being a part of that .956.1 acre tract described in a deed to W. D. Fitch recorded in Volume 703, Page 8 of the Official Records of Brazos County, Texas, a part of that 172.81 acre tract described in a deed to Area Progress Corporation recorded in Volume 822, Page 836 of the Official Records of Brazos County, .Texas, and a part of that 749.98 acre tract described in ~ deed to the College Station Economic Development `Foundation. recorded. in Volume 894, Page 657 of the Official Records of Brazos County, Texas, and being more particular"ly described by metes and bounds in EXHIBIT "A" attached hereto and incorpo- rated by reference herein; ("Pa.rkland Property" herein); Thi conveyance is made and. accepted subject to the f_ol.tow-- i.na reservations and excenti.ons: 1 . Ad Valorem taxes for 1 988 and subsequent year. =; ;rlc-i subsequent assessments for prior years.- 2. Any and all valid and exi~~ticzg easements, restrictions>, right^s of way, conditions., .exceptions, reservations t~nc?, covenants of whatsoe~~~er r;a.tc.ire of record, if any, ~ancl SPECIAL. WARRANTY DEEL` Ot~ PAFcY.LAi~D W. D. Fitch and Young Brothers, Trc., ~.~~~ni_c-ac~l,c~r=, to The City of. College Station Page One of Four Pages (?ar r ~ : . 1-~ r~ -' - . also to the zoning laws and other restrictions, regula- tions, ordinances and statutes of municipa_t or other governmental .authorities applicable to and enforceable against the described premises.. 3. For Grantors and'Grantors' successors a reservation of the right to use the Parkland Property as a route for a major street or boulevard and/or street crossings as Grantors, their successors or assigns, may, in their sole and absolute discretion deem necessary for the overall development of surrounding. property. Provided, however, Grantors, f_or themselves, their successors or assigns, covenant and agree that if the .Parkland Froper- ty is used for'''a major street or boulevard, Grantors, their. successors or assigns, shall, if necessary, convey to the CITY OF COLLEGh STATION additional proper- ty parallel, adjacent , and contiguous to the Parkland Property-in an amount necessary for a pedestrian walk- way,. which pedestrian walkway shall be constructed by .the CITY OF COLLh,;GE STATION. Grantors, for themselves and their successors or assigns, further covenant. and agree that. if the Parkland Property is used for a street crossing, the street crossing shall be construct- ed in a manner which does r.ot prevent the use of the Parkland Froper. t_y as a nedestr. i_an wal}cwa.y. CITY OF COLLEGE STATION', covenants a.nd 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 ;,wives any and all vari- ances from the specific requirements of such ordinance. CI~CY OF' COLLEGE STATION further covenants and agrees that the Grantors, their. successors or assigns, shal_1 be entitled to a credit against future parkland dedication required by City of College Station Ordinance No. 1265, as amended from time to time, in an amount equal to three thousand six hundred thirty (3,630) dwelling units. ~~ TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto irl anywise belonging, unto the said Grantee, its executors, admini- strators and assigns forever; and we do hereby bind ourselves, our heirs, executors and administrators to WARRANT AND FOR F, V}?I~ DEFEND all and singular the said premises unto the said Grantee, its heirs and. assigns,- against E~v~ry person whomsoever 1awE1~11 ~,~ claiming or to claim the same or ar;y hart thereof. by, throuc;l; ~~,r SPACIAL WARRAN`i'~1 DEF'D OF PARKLI~I~I), W. D. Fitch a.cic~ Yung Frothers, T~.,,• ~~~,n'_.ract_ors to The City of College Static>n Page Two of rr^our Pages Sr~~ sttn R `.\. ~~ ~A''r ~1 i under us, but not otherwise. EXECUTED this ~~day of-February, 1988. i , W.~ D. FITCH YOUNG BROTHERS, INC., CONTRACTORS B Y ~~ - ~: A. P. BOYD, i President Mailing address of Grantee.: City of College Station 1101 S. Texas Avenue College Station, Texas 77840 (Acknowledgement) THE STATE OF TEXAS ~` COUNTY OF BRAZOS This instrumenl_ was acknowleda,e~1 'oef_ore one on tl~e _`~____ clay of February, 1988, by W. D. PITCH. - '~., Notary Public:, State of Texas Notary's Printed Name: - ~~ SEAL My Commission Expires: ~ - \~ `~:. ~1 (Corporate Acknowledgement) THE STATE. OF TF~XAS ~ COUNTY OF BRAZOS 6 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 corporation, on behalf of said ,corporation. SEAt~ Notary Public;,State of Texas D?ota:ry''s Printed Name: ~, My Commis~'i~n Expires : ~ ~ \;y `> l AGREED AND ACCEP'I'k,D: ATTEST:. ~6. , Secretary CL`I'P O:F C'OI,.GF,GF; STA`_PIO~t~i: r~ LARRY R~NC=1° M y . ----- ~_ SPECIAL WARRANTY DFN,D OF PAR.Y.LAND W. D. Fitch and Young Brothers, J:nc., ~", ~'..: ac, f-.r~r.: to The City of College Station Page Thre~~ of .Four Pages i ~?~ 2~ EXHIBIT A TO SPECIAL WARRAr1TY DEED OF PARKLAND FROM W. D. FITCH AND YOUNG BROTHERS, INC., CONTRACTORS, TO CITY OF COLLEGE STATION "PARKLAND PROPERTY" 4 and being situated All that .certain tract or parcAbstractnNoly202, in Brazos County, in the S.W. Robertson Survey, Texas,'. being a part of that 956.1 acre tract conveyed to W.D. Fitch by deed recorded in Volume aat'ofathat 172.81 acOreftract: Records of Brazos County, Texas, a p conveyed to Area Progress Corporation by deed recorded in Volume 822, Page .836 of the Official Records of Brazos County, Texas, and a part of that 749.98 acre tract convey deed record d egn Station Economic Development Foundation by Volume 894, Page 657 of the Official Records of Brazos County, Texas, and being more particularly described as follows: Beginning at the intersection. of the southeast line of Green's Prairie Road and the southwest line of the. said College Station Economic Development Founditch ntract twhich his malso nthehmost corner ofthe said W.D. northerly corner of the said Area Progress Corporation tract. Thence S 41° 52' 23" W '- 81.85 feet along the southeast line. of Green's Prairie Road to the most westerly corner of the Exxon Pipeline .Company easement described by Amendment of Easement recorded in Volume 959, Pages 149 and 152 of the Official Records of Brazos County, Texas;. Thence S 39° 34' 29" E - 7218.35 feet al~ngo the osouthscorner of the said Exxon Pipeline Company Basemen same in the south line. of the said W.D. Fitch. 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 corner of same;. Thence N 39° 34' 29" W - 248.48 feet a cornerh of the said College the said W.D. Fitch tract to.the south Station Economic Development Foundation tract; Thence N 86° 49" 29" E - 105.57 feet along the south line of the said College Station Economic Development Foundation tract to the northeast line of the Gulf States Utilities Company 100 foot easement described in Volume 129, page 496 and Volume 130, Page 152 of the Deed Records of Brazos County, Texas; .Thence N 39° 34' 29" W - 7,117.07 es eCompany teasemenhtato lthe of the said Gulf States Utiliti southeast line of Green's Prairie Road;. Thence _S 41° 52' 23" W - 85.91 feet along the .southeast line of Green's Prairie Road to the Point of Beginning .and containing 27.29 acres of land more or less. SPECIAL ~~7ARRANTY DEED OF PARKLAND Contractors W. D. Fitch and Young Brothers, Inc., to The City of College Station Page Four of Four Pages