HomeMy WebLinkAboutWarranty DeedJun-O1-00 013:54am From-Ellison Law 4096938819 T-502 P.02/OT F-372
CHARLES A. ELLISON, P. C.
ATTORNEYS AT lAW
2607 ASHFORD DRIVE
SUITE 100
COLLEGE STATION, TEJCAS 77440-4698
CHARLES A, ELLISON
AMY L. CLOUGM'
•al6e I~eansaG .n Wiseonaln
MAILING ADDRESS
P.O.80X 10103
COLLEGE STATION, TEXAS 77842-0103
TELEPHONE' (979} 6$6-9889
FACSIMILE: (979) 693-8819
June 1, 2000
Dr. William E. Privett, Jr.
4015 South Texas Avenu®
Bryan, TX 77802
Re: Rezoning of 1111 Rack Prairie Road from CN to PDDB
Dear Dr. Privett:
I represent Pete and Laura Normand, owner of some of the lots in Southwood Forest, Phase 5.
I have enclosed far you a copy of a Warranty Deed With Vendor's Lien which contains certain land
use restrictions. Particularly, restriction No. 1 on page 3 requires consent of the owners of Lots 2
through 7, Block 1, Southwood Forest, Phase 5, prior to a rezoning from CN.
My client has asked me to contact you on his behalf to remind you of the restrictive provisions in
the enclosed deed and to request that you contact those owners in order to obtain their consent
to the proposed rezoning.
Sincerely,
/~
Tit ~ ~.
Charles A. Ellison
CAE:bg
cc: Pete Normand with enclosure
Jane Key with enclosure BY FACSIMILE 979!764-3496
Jun-O1-00 08:54am From-Ellison law
t,ys to be a true and CorreL• `..i
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copy of the ong COMPANY
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COUNTY OF BRAZOS
Date: August 8, 1997
T-502 P.03/07 F-372
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§ KNOW ALL PERSONS BY TH~PRESENTS:' ~• ~'- C:crlf
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Grantor: PIERRE G. NORMAND, JR. and LAURA F. NORMAND
Grantor's Mailing AddrESS (including county}:
Grantee: WILLIAM E. PRIVETT and SHARON
Grantee's Mailing Address {including county}:
P. O. Box '10361, College Station
Coun , TX 77842-0361
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H. PRIVETT v '"'
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College Station, Brazos County, TX
Brazos
P1~.
77845
Consideration: TEN DOLLARS ($10.00) and other good and valuable consideration and
a note of even date that is in the principal amount of Ninety Thousand
and No/100 DoIIrt~~0,080) and is executed by Grantee, payable to the
order of PJ'e ~,.."~„i~;~lt is secured by a vendor's lien
retained in this dead and by a deed of trust of even date from Grantee to
B. ~~~R~uffino, Tr~u, sNorWeS~ >~.r~ i ~-~R~' ~ ~c~ C~~'~Ya-~
Property (including any improvements}:
All that certain lot, tract or parcel of farad lying and being situated in Brazos County,
Texas, and being Lot One (1), Block Two (2), Southwood Forest Phase 5, an addition to
the City of College Station, Brazos County, Texas, according to the Plat recorded in
Volume 2321, Page 145 of the Official Records of Brazos County; Texas ("Property"}.
Exceptions to Conveyance and Warranty:
,,
Standby fees and ad vaiarem taxes for the year 1997 and all subsequent years
and subsequent assessments for prior years due to changES in ownership or
land usage, the payment of which Grantee assumes.
2. Restrictions on plat recorded in Volume 2321, Page 145 of the Official Records
of Brazos County, Texas.
3. 15' Drainage ~ Easement 'and Utility Easement (Rock Prairie Road) on the
southeast side; 10' Utility Easement on the southwest side; 30' Private Drainage
& Utility Easement on the northwest side; 25' Drainage & Utility Easement on the
northeast side; 30' Wde Access Easement near the north corner; as shown on
4096938619
WARRANTY DEED WITH VENDOR'S LIEN
Warranty Deed V1rth VeRdo~s Lien page 1
Jun-O1-00 08:55am From-Ellison Law
4096938819 T-502 P.04/Ot F-372
Y:`i ~
plat of Southwood Forest Phase 5, recorded in Volume 2321, Page 145 of the
Official Records of Brazos County, Texas; alt as shown on survey prepared in
April, 1997, under the supervision of A. W. Kessler, R.P.L.S. #1852.
4. This "area utility easement only" located near the north corner; as shown on
survey prepared in April, 1997, under the supervision of A. W. Kessler, R.P.L.S.
#1852.
5. Lot 1, Block 2, shalt take access only from Rio Grande Boulevard and the
adjoining 50' access easement in the Southwood Holdings Subdivision; as noted
on survey prepared in April, 1997, under the supervision of A. W. Kessler,
R.P.L.S. #1852.
6. No building lines are depicted on the plat and will be determined at the time of
development in accordance with City Ordinance 1638; as noted on survey
prepared in April, 1997, under the supervision of A. W. Kessler, R.P.L.S. #1852.
7. Exposed end of pipe "continuation not located" as found near east corner of
tract; as shown on survey prepared in April, 1997, under the supervision of A. W.
Kessler, R.P. L.S. #1852.
8. Royalty reservation in Deed dated May 25, 1961, executed by P. G. Longmire, et
ux, to Roy W. Kelly, et ux, recorded in Volume 211, Page 615 of the Deed
Records of Brazos County, Texas.
9. Mineral Deed dated May 5, 1978, executed by Southwood Valley, Inc. to W. D.
Fitch, Trustee, recorded in Volume 396, Page 613 of the Deed Records of
Brazos County, Texas.
10. Royalty reservation in Deed dated May 31, 1945, executed by John M. Zak, et
ux, to P. G. Longmire, recorded in Volume 119, Page 390 of the Deed Records
of Brazos County, Texas.
11. Mineral Deed dated January 24, 1980, executed by W. D. Fitch to W. D. Fitch,
Trustee, recorded in Volume 443, Page 536 of the Deed Records of Brazos
County, Texas. '
Reserva#ions from Conveyance and Warranty:
The vendor's lien and superior title are specifically retained by Grantor against
the properly described herein until the note described herein and all interest
thereon are fully paid, and to the extent the same secure the payment of the note
described herein, they are hereby assigned and transferred to A~er#~west--Barrk/~f~'~
~jGvr~+T~xas, South Central, without recourse or warranty, express or implied.
Grantor, for the consideration and subject to the restrictive covenants set forth below,
the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to
Warranty Deed With Vendors Lien Page 2
Jun-O1-00 08:55am From-Ellison Law 4096938819 T-502 P.05/O7 F-3T2
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Grantee the property, together with all and singular the rights and appurtenances thereto in any
wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators,
successors, or assigns forever. Grantor hereby binds Grantor and Grantor's heirs, executors,
administrators, and successors to warrant and forever defend a!l and singular the property to
Grantee and Grantee's heirs, executors, administrators, successors, and assigns, against every
person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the
restrictive covenants set forth below, the reservations from and exceptions to warranty.
Grantor is the owner of the following described lots which are adjacent to the Property:
All those certain lots, tracts or parcels of land lying and being situated in Brazos County,
Texas, and being Lots Two (2) through Seven (7), Block One {1), SOUTHWOOD
FOREST PHASE 5, an addition to the City of College Station, Brazos County, Texas,
according to the, plat recorded in Volume 2321, Page 745 of the Offrcial Records of
Brazos County, Texas. (the "Benefitted Tract")
As a part of the consideration for the sale of the Property to Grantee, the following restrictive
covenants have been attached to, will run with the Property and be binding on Grantee, his
heirs, successors and assigns until 12:00 midnight, December 31, 2017, when they will
automatically terminate and become unenforceable. Until that time, the restrictive covenants
wil! be enforceable by the owners of the Benefitted Tract.
1. The Property may not be rezoned from its current designation of CN,
Neighborhood Commercial without the consent of the owners of the Benefitted
Tract, with the exception of a permit requesting a change of zoning to AIP Zone
for accommodation of Grantee's medical/professions! offcce building.
2. No flat-roof structure erected on the Property may exceed one story in height
and any pitch-roof structure resembling a large residential home may not exceed
two (2) stories in height, including the attic and roof. The attic space of any
pitch-roof structure may be fnished out for additional storage or non-public offrce
space. All windows, except sky-tights, installed above the first floor of any
structure constructed on the Property must face Rock Prairie Road.
3. Grantee shall create and maintain a green strip no less than four feet (4'} in
depth, consisting of tall' shrubs, bushes, or other such foliage approved by
Grantor, their heirs and assigns, (such as juniper, arbor vitae, red-tip, wax leaf
Ligustrum, etc.) along the property fine adjacent to the Benef+tted Tract to act as
sound and visual buffers.
4. Grantee shall maintain a minimum thirty-foot (30') building se#back from property
line adjacent to the Benefitted Tract, said building setback is shown on the
current plat as a private drainage and utility easement, and Grantee may not use
the 30' setback for motor vehicle access.
warranty Deed trth Vendor's Cien Page 3
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Ad valorem taxes with respect to the Property have been paid through the year 1996,
and Grantee assumes payment of such taxes for the calendar year 1997 and subsequent years
of ownership and subsequent assessments for prior years due to change in use or ownership.
When the context requires, singular nouns and pronouns include the plural.
This Warranty Deed with Vendor's Lien ("Deed" herEin} has been executed by Grantor
on the date of the taking of their acknowledgments, but the effective da#e of this Deed shall be
deemed to be-map-8,997, for all purposes and it shall be effective as of that date.
THE STATE OF TEXAS § ACKNOWLEDGEMENT
couNTY of eRAZOS §
~-'
This instrument was acknowledged before me on this the ~, day of August, 1997,
by PIERRE G. NORMAND, JR. and LAURA F. NO MAND.
~-~-~~
Notary Public, tate of Texas
KARY MERSMANN Nota 's Print d Name:
Notary Public, State of Texas
My Comm~ss~an Expues My commission expires:
MAY 18, 2001
AFTER RECORDING RETURN TO: ~~'
Rodgers, Miller & Ellison, P.C.
P.O. Box 4884
Bryan, Texas 77805
File No. 04059.010
PREPARED IN THE LAW OFFICE OF:
Rodgers, Miller ~ Ellison, P.C.
4444 Carter Creek, Suite 208
Bryan, Texas 77802
WARRANTY DEED WITH VENDOR'S LIEN:
PIERRE G. NORMAND, JR. and LAURA F. NORMAND
TO
WILLIAM E. PRIVETT
Warranty Deed Wlth Vendor's Usn
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Warranty Deed With Vendors Lien
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