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SPECIAL. WARRA,~1'I'`~ DEED
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Date: November ~, 1993
Grantor: DEI.MA.R BARONHE'AD I, LTD. ,
a Texas limited partnership
Grantor's Meiling Address:
1
15900 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 3046, Page 1 i 7
of the Real Property Records of Brazos County, Texas, and as further consideration,
satisfaction of the indebtedness evidenced by that certain Promissory Note, dated February
27, 1998, in the stated principal amount of SS00,000.00, executed by Grantor, as maker,
to Grantee, as payee, and other good and valuable consideration, the receipt and legal
sufficiency of which are hereby acknowledged.
Property (including any improvements):
BEING all of that cznain 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 Luna, Jr. by Jacob
Luna ct ux rxorded in Volume 8S, page 426 and part of that 25.00 acre tract of
land conveyed to Jacob Luna, Jr. by Jacob Luna, et ux by Decd recorded in
Volume 93 page 378, both Deed Records of Brazos County, Texas and being
described as follows:
SPEC AL W,t~i:w!~'y p rr - p~ t
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BEGINNING: at a'~4" iron rod found at the most southerly common corner
of this tract and the Kanhrooke, Inc. 1.21 acre tract (1649/ 147); 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 '!s " iron rod found at the most easterly
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 common line between this
tract and said Block "N" to a 3/8" iron rod found at the north corner of Lot 5 of
said Block "N;" same being in the southeast tine of the City of Bryan 50.00 acre
tract (133/607, 137/230, and 250/369);
THENCE: N 41 °28' 19" E 1500.03 feet along the common line between
this tract and said City of Bryan tract to a '/2" iron rod set for the north corner of
this tract;
THENCE: across said Luza tract for the following calls:
S 33°31'41" E 683.94 feet to a '/z" iron rod set for corner;
S 48°44'56" W 707.18 feet to a'h" iron rod set for corner;
S 41 °49' 18" W 175.00 feet to a '/z" iron rod set far corner; and
S 48°10'42" E 730.51 feet along said 60.00 foot R.O.W. line to a'fz" iron
rod 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 69 °25' 20" W 412.45 feel
along said F.M. 60 line to the PLACE OF BEGINNING, and containing 25.566
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.
Restrvatlotu from and Exceptloro to Conveyance and Warranty:
Any and all covenants, conditions, restrictions, reservations, easements and rights
of way of record, to the extent the same are valid and subsisting and affect the
property, including, without limitation, the following:
1. For Grantor and Grantor's successors, an eaxment appurtenant to the
property described in the attached Exhibit "A" over and across the 25.566-acre
tract conveyed hereby for the purpose of extending water, xwer, and electrical
utilities to the property described in the attached Exhibit "A." Said caxmeat shall
be located in a manner witable 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 shall 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 dead
from Frank 1. Matous, et al. , to First Madison Real Estate, Ltd. and Mary Lake
Realty Company, dated February 27, 1997, recorded in Volume 2779, Page 20,
and corrected in Volume 2934, Page 266, Official Records of Brazos County,
Texas.
Grantor, for the consideration and subject to the reservations from and exceptions io
conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and
singular 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
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 lawful~y claiming or io claim the same or any part
thereof, 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 contexi requires, singular nouns and pronouns include the plural.
EXECUTED as of the date first above written.
DELMAR BARONHEAD I, LTD. ,
a Texas limited partnership
By: Delmar Baronhead GP A+1, LLC,
its general partner
B_ .
Frank Mihalopoulos, President
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F.XA.S §
STATE OF T
COUNTY OF DALLAS §
This instrument was acknowledged before me on the ~ day of November, 1998, by
Frank Mihalopoulos, President of Delmar Bamnhead GP IJ 1, LLC, a Texas limited liability
company, as general partner of DEIMAR BARONHEAD I, LTD., a Texas limited partnership,
on behalf of such limited partnership.
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AFTER RECORDLYG RETURN TO: 31~iIRS CQ,MT~,
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Stanley D. Rosenberg as ,
140 Fast Houston Street, 2nd Floor Recorotnos
San Antonio, Bexar County, Texas 78205 Dbr:wint dAub~rr ~67s,~31
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F;XHIBIT "A"
GRA1~1'TOR'S LAND BE.YEFITTED BY RESERVED EASE~,NTS
Being all of that certain tract or parcel of land, lying and being situated in the RICHARD
CARTER SURVEY, A-8, College Station, Brazos County, Texts, and being a part of that 65.33
acre tract of land described in a Deed of Trust, Volume 178b, Page 307, Deed Records of Brazos
County, Texas, and being described as follows:
C01~iFNCING: at a'~4" iron rod found at the south corner of said b5.33 acre 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 69°25'20" E 412.45 feet and N 78°04'45" E 104.57 feet along said F.Ivi.
60 line to a'h" iron rod found for the PLACE OF BEGINNING;
THENCE: N 48°10'42" W 730.51 feet to a'/z" 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 'fx" iron rat
set for corner, same being in the center line of a proposed street (Gienhaven 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 center line around a curve to tlx; 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 felt to the end of said curve;
THENCE: S 53°31'41 " E 224.43 feet continuing along said Street center line to a'h" iron
rod set for corner;
THENCE: S 41 °53'48" W 754.55 feel 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
BEGINMNG; and containing 14.33 acres of land, more or less, according to a wrvey made on
the ground under the supervision of Donald D. Garrett, Registered Professional Land Surveyor,
No. 2972, on February 27,1998.