HomeMy WebLinkAboutWarranty Deed~~
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SPECIAI, WARRA,~ITY DEED
I}ate• November ~, I998
Grantor: DEIMAR BARONHEAD I, LTD. ,
a Texas limited partnership
Grantor's Mailing Addressa
1 S900 Dooley Road
Addison, Dallas County,- Texas 75001
Grantee: STANLEY D. ROSENBERG
Grantee's Mailing Address:
140 East Houston Street, 2nd Floor
San Antonio, Bexar County, Texas 78205
Consideration:
Satisfaction of the indebtedness evidenced by .that certain Real Estate Lien Note, described
in and secured by that certain Deed of Trust and Security Agreement, dated February 27,
1998, from Grantor to Robert A: Rosenthal, Trustee, recorded in Volume 304&, Page 117
of the Real Property. Records of .Brazos County, Texas., and as further consideration,
satisfaction of the indebtedness. evidenced by that certain Promissory Note, dated. Febniary
27, 1.998, in the stated principal amount of 5500,000.00, executed by Grantor, as matter,
to Grantee, as payee, and other good and valuable consideration, the receipt and legal
sufficiCncy of which area hereby acknowledged.
Property (including any improvements):
BEING alt of that certain tract. or parcel of land lying and being situated in the
RICHARD CARTER SURVEY, A-8, College Station, Brazos County, Texas and
being a part of that 58.32 acre tract of land conveyed to Jacob Luza, Jr. by Jacob
Luna ct ux recorded in Volume 85, :page 426 and part ~f that 25.00 acre trod of
land conveyed to Jacob Luza, Jr. by Jacob Luna,.. er ux by lkod recorded in
Volume 93 page 378, both Deed Records of Brazos. County., Texas and being
described as follows:
1
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BEGINNING: at a'h" imn rod found at the most. south rly common corner
of this tract and the Kanhrooke.-Inc. 1.21 acre tract (1649!14 ;same-being in the
northwest right-of-way line of F. M. 60 (University Drive); ~,
THENCE: N 48° 10'42" W 300.00 feet along the common line between this
tract and said Kanbrooke, Inc. tract to-a 'h" iron red found at the. most easteriy
common corner of Lots 14 and 15 Block "N" of University Park II (519/384);
THENCE: 48°10'42" W 744.70 feet along the Gammon line between this
tract and said .Block "N" to a 3/8" iron rod found at the north corner of Lot. S of 1
said Block "N;" same being in the southeast tine of the City of Bryan 50.00 acre {~
tract (133/607,' 137/230, .and 250/3b9); 7
THENCE: N 41 °28' l9" E 1500.03 feet along the common line between
this tract and said City of Bryan tract to a'h"iron rod set for the north corner of
this tract;
THENCE: across said Luna tract for the fallowing calls:
S 33°31'41" E 683.94 feet to a'h" iron rod set for corner;
S 48°44'56" W 707.1$ feet to a'h" iron rod set for corner;
S 41 °49' I S" W 1.75.00 feet to a 'h " .iron rod set for corner; and
S 48°10'42" E 730.5I' feet along said 60.00 foot R.O.W. line to a'h" iron
nod set for corner for the southeast corner of this tract; same being in said
F.M. 60 line;
THENCE: S 78 °04' 45" W 104.78 feet and S b9 °25' 20" W 412.45 feet
along said F.M. b0 line to the PLACE OF BEGINNING, and containing 25.56b
acres of land, more or less, according to a survey made on the ground under the
supervision of Donald D, :Garrett, Registered Professional Land Surveyor, No.
2972 in January 1997.
Reservations. from and Exceptions to Conreyaace and Warranty:
Any and all covenants, conditions, ncstrictions, reservations, easements and rights
of way of rxord, to the extent the same are valid. and subsisting and affect. the.
property, including, without limitation, the fallowing:
1. For Grantor and Grantor's successors, an easement appurtenant to the
property described in the attached Exhibit "A" over and across the 25.566-acre
tract conveyai hereby for. ttye purpose of extending water, sewer,: and elextrical
utilities to the property described in the attached Exhibit 'A." Said easement shall
be located in a manner suitable. to Grantor and in a manner which will not unduly
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interfere with use by Grantee of the property conveyed hereby. Once established,
said easement shah be fixed in place, and described specifically by a document
filed of record in the Official Records of Brazos County, Texas..
2. Reservation by grantor of easements.and rights-of--.way as described in deed
from Frank J. Matous et al. , to .First Madison Real Estate, Ltd. and Mary Lake
Realty Company, dated February 27, 1:997, recorded. in Volume 2779, Page 20,
and cornected in Volume 2934, Page 266, Official Records of Brazos County,
Texas.
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
sirrgtilar the. rights and appurtenances.thereto in any wise belonging, to have and hold the property
to Grantee, Grantee's heirs, administrators, successors, or assigns forever. Grantor binds Grantor
anal Grantor's heirs,. executors, administrators,. and successors to warrant and forever defend all
and singular the pn~perty to Grantee and Grantee`s heirs, executors, administrators, successors,
and assigns against every. person whomsoever lawful~y claiming or to claim the same or any part
the~ireof, except as to the reservations from and exceptions to conveyance and warranty, when the
claim is by, .through or under Grantor, but not otherwise.
When the context requires,. singular nouns and pronouns. include the plural
EXECUTED as of the date first above written.
DF-CHAR BARONHEAD I, LTD. ,
a Texas. limited partnership
By: Delmar Baronhead GP ~ 1, LLC,
its general partner
B
Frank Mihalopoulos, President
~t7AL WARRAi~iY DEED - >~t 3
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STATE OF TEXAS ~ `~
COUNTY OF DALLAS ~
This instrument.was acknowledged before me on the ~ day of November,. I998, by
Frank Mihalopoutos,` President of Delmar Baronhead GP 1t1, LLC, a Texas .limited Liability
company, as general partner. of DF1,.11~1AR BAROIVFiEAD I, .LTD., a Texas Iirnited partnership,
on behalf of auch limited partnership..
-z.n~-y..a. :u:ur acr-*
,,,~,,~:_~,-, ~ ~ c ~ ~-_',:~, Notary- blic in and for the State of Texas ,~
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'card tn:
AFTER RECORDL'~1G RE'T'URN TO: lA~I~ CAKTI
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Ui: Jan ~si777 ai 118:~A
Stanley D. Rosenberg as a
140 East Houston Street, 2nd Floor Rrcaro~ngs
San Antonio, L3exar County, Texas 78205 Dbcws~nt Mubn~, /G1S3.?~
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F;xHIBIT "A"
GR.AI'vTOR'S I,A,YD BE'~1EFITT'F_D BY RESERVED EASE~1g:NTS
Being' alI of that certain tract or parcel of land, lying. and being. situated in the RICHARD
CARTER SURVEY, A-8, Cottege Station, Brazos County, Tez:~s, and being. a part of that b5.33
acre tract of land described in a Deed of Trust, Volume 1785, Page 307, Deed Records of Brazos
County, Texas, and being described as follows:
COiV1hiENCING: at a'~" iron rod found at the south corner of said 65.33 acne tract, same
being the cast corner. of Block "4" of UNIVERSITY PARK II (502/ 105)., also being in the north
right-of--way line of F.M. 60 {University Drive);
THENCE: N b9°25'20" E 412.45 feet and N 78°04'45" E 1.04.57 feet along said F.Ivi.
60 line to a 'h" iron rod found for the PLACE OF BEGINNING;
THENCE: N 48° 10'42" W 730.5'1 feet to a 'h" iron rod set for corner;
THENCE: N 41 °49' 18" E 175.00 feet and N 48°44'Sb" E 707..18 feet to a 'fi" iron rod
srt for coney, same being in the center line of a proposed street (Glenhaven Drive);
THENCE: S 33°31'41" E 139.73 feet along the center line of said Street to the beginning
of a curve to the left;
THENCE: 349.07 feet continuing along said street centerline around a curve to ttx; left
with a central angle of 20°00'00" Rt, a radius of 1000.00 feet and whose chord bears S 4°58' 19"
W 347:30 feet to the end of said curve;
THENCE: S 53°31'4.1" E 224.43 feet continuing along said Street center line to a'h" iron
rod set for corner,
THEI~'CE: S'41°53'48" W 754.55 feet to a conc. Hwy Marker found for corner, same
being in said r.M. 60 line;
THENCE: S 78°04'45" W 99.08 :feet along said F.M. 60 line to the PLACE OF
BEGINNING; and containing .14.33 acrzs of land, more or less, according to a survey made on
the ground under the supervision of Donald A. Garrett, Registered Professional land Surveyor,
No. 2972, on Febru~ 27,1998.
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