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HomeMy WebLinkAboutSpecial Warranty Deed(12/22/2009) Lauren Hovde - 000001 3831F BILL & RETURN TO: BRAZOS COUNTY ABSTRACT COMPANY oio44 GF# L4317 61~ s Special Warranty Deed with Vendor's Lien NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: October 30, 2009 Grantor: COLLEGE STATION MARKETPLACE, L.P., A Texas limited partnership Grantor's Mailing Address: 520 Post Oak Blvd, Suite 850, Houston, Harris County, TX 77027 Grantee: SSF INVESTMENTS, LLC, a Texas limited liability company Grantee's Mailing Address: 2001 South College Avenue, Bryan, Brazos County, TX 77801 Consideration: [i] TEN DOLLARS ($10.00) and other good and valuable consideration, and [ii] a note of even date executed by Grantee and payable to the order of COMMERCE NATIONAL BANK in the principal amount of ONE MILLION ONE HUNDRED SEVENTY-FOUR THOUSAND THREE HUNDRED NINETY AND NO/100 DOLLARS ($1,174,390.00.) The note is secured by a first and superior vendor's lien and superior title retained in this Deed in favor of COMMERCE NATIONAL BANK a branch of Lubbock National Bank, and by a first-lien deed of trust of even date from Grantee to MIKE D. McBERTY, Trustee, and [iii] a second lien note of even date executed by Grantee and payable to the order of Grantor in the principal amount of TWO HUNDRED SEVENTY-ONE THOUSAND THIRTEEN AND 99/100 DOLLARS ($271,013.99.) The second lien note is secured by a second and inferior vendor's lien and superior title retained in this Deed in favor of Grantor, and by a second-lien deed of trust of even date from Grantee to CHARLES A. ELLISON, Trustee. Property (including any improvements): All that certain 17.66 acre tract or parcel of land, lying and being situated in the ROBERT STEVENSON SURVEY, Abstract No. 54, College Station, Brazos County, Texas, and being part of a 17.83 acre tract described in the deed from Spring Creek CS Development, Ltd. to College Station Marketplace, L.P. recorded in Volume 7188, Page 210 of the Official Records of Brazos County, Texas, and said 17.66 acre tract being more particularly described in Exhibit, "A" attached hereto and incorporated by reference herein (the "Property".) Reservations from Conveyance: 1. The vendor's lien and superior title are specifically retained by Grantor against the property 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 COMMERCE NATIONAL BANK a branch of Lubbock National Bank, without recourse or warranty, express or implied. Page 1 Special Warranty Deed With Vendors Lien Page 1 (000612511 (12/22/2009) Lauren Hovde - 000001393IF Page 1 Doc ft Vol F's 01045254 OR 93`15 139 Exceptions to Conveyance and Warranty: 1. Standby fees, taxes and assessments by any taxing authority for the year 2009, and subsequent years, and subsequent taxes and assessments by any taxing authority for prior years due to change in and usage or ownership, but not those taxes and assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. 2. Right-of-Way Easement from Ethel Cavitt et al to City of Bryan, dated September 21, 1961, recorded in Volume 215, Page 589, Deed Records of Brazos County, Texas, and as depicted on survey plat prepared by S. M. Kling, Registered Professional Land Surveyor, State of Texas No. 2003, dated June, 2009. 3. Pipeline Easement from Timothy J. Crowley to Aquila Southwest Pipeline Corporation, dated November 3, 1993, recorded in Volume 1977, Page 50, Official Records of Brazos County, Texas, and as depicted on survey plat prepared by S. M. Kling, Registered Professional Land Surveyor, State of Texas No. 2003, dated June, 2009. 4. Utility Easement from Timothy J. Crowley to City of College Station, dated September 7, 2001, recorded in Volume 4328, Page 164, Official Records of Brazos County, Texas, and as depicted on survey plat prepared by S. M. Kling, Registered Professional Land Surveyor, State of Texas No. 2003, dated June, 2009. 5. Public Utility Easement from College Station Marketplace, L.P. to City of College Station, Texas, dated May 30, 2007, recorded in Volume 8002, Page 249, Official Records of Brazos County, Texas, and as depicted on survey plat prepared by S. M. Kling, Registered Professional Land Surveyor, State of Texas No. 2003, dated June, 2009. 6. Public Utility Easement from Spring Creek CS Development, Ltd. to City of College Station, Texas, dated May 30, 2007, recorded in Volume 8002, Page 282, Official Records of Brazos County, Texas, and as depicted on survey plat prepared by S. M. Kling, Registered Professional Land Surveyor, State of Texas No. 2003, dated June, 2009. 7. Mineral reservation in Deed from Edith Cavitt Estate at al to United Four Joint Venture, dated December 16, 1982, recorded in Volume 564, Page 504, Deed Records of Brazos County, Texas, subject to terms and conditions of surface conveyance/waiver contained therein. 8. Royalty reservation in Deed from Robert B. Waltman et ux to Timothy J. Crowley, dated January 24, 1992, effective December 31, 1991, recorded in Volume 1415, Page 74, Official Records of Brazos County, Texas. 9. Mineral reservation in Deed from Timothy J. Crowley to Spring Creek CS Development, Ltd., dated June 24, 2002, recorded in Volume 4712, Page 260, Official Records of Brazos County, Texas. 10. Estate created by Oil and Gas Lease from Timothy J. Crowley et al to Union Pacific Resources Company, dated May 29, 1990, recorded in Volume 1205, Page 135, Official Records of Brazos County, Texas; as ratified in instruments recorded in Volume 1197, Page 837 and 839; Volume 1220, Pages 311, 313, 315 and 217 and Volume 1667, Page 42, Official Records of Brazos County, Texas; and as amended and extended in instruments recorded in Volume 1835, Page 92 and Volume 1839, Page 303, Official Records of Brazos County, Texas; subject to Partial Release dated October 17, 1995, recorded in Volume 2514, Page 332, Official Records of Brazos County, Texas. Special Wtu=anty Deed With Vendor's Li- Page 2 {00061251) (12/22/2009) Lauren Hovde - 000001403IF Page Doc Bk Vol Ps 01045254 DR 9375 140 11. Declaration of Covenants, Conditions and Restrictions for Tower Point Phase 5 of even date herewith recorded in the Official Records of Brazos County, Texas. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. Ad valorem taxes with respect to the Property for the current year have been prorated as of the date hereof and Grantee assumes and agrees to pay the same. When the context requires, singular nouns and pronouns include the plural. To facilitate execution, this Special Warranty Deed With Vendor's Lien may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original. Such counterparts shall constitute but one and the same instrument and shall be binding upon, and shall inure to the benefit of, each of the undersigned Individually as fully and completely as if all had signed one instrument. This Special Warranty Deed with Vendor's Lien ("Deed" herein) has been executed by Grantor on the date of the taking of its acknowledgment, but the effective date of this Deed shall be deemed to be October 30, 2009, for all purposes and it shall be effective as of that date. SIGNATURES ON THE FOLLOWING PAGES Special Wainnty Deed With Vendors Lien Page 3 1000612511 (12/22/2009) Lauren Hovde - 00000141.TIF Doc Rk Vol P9 01045254 DR 9375 141 SIGNATURE PAGE OF GRANTOR (1 OF 3) COLLEGE STATION MARKETPLACE, L.P., A Texas limited partnership By: College Station Marketplace GP, LLC, A Texas limited liability company, One of Its General P ners By: yt W 1 r, Manager THE STATE OF TEXAS COUNTY OF HARRIS This Instrument was acknowledged before me on the 29th day of October, 2009, by ANDY WEINER, one of the Managers of College Station MarketPlace GP, LLC, a Texas limited liability company, one of the General Partners of College Station Marketplace, L.P., a Texas limited partnership, on behalf of said partnership. ~.~'2Y"rw CHARLES A. ELLISON Notary Public, State of Texas No ry ublic in and for State of Texas 7 My Commission Ex,,,.ires March 26, 2013 ~1 Special Wamenty Deal With Vendors Lien Page 4 (00061251) (12/22/2009) Lauren Hovde - 000001423IF Page 1 SIGNATURE PAGE OF GRANTOR (2 OF 31 COLLEGE STATION MARKETPLACE, L.P., A Texas limited partnership By: College Station Marketplace GP, LLC, A Texas limite iabilitycompan One of its P e By: Bradley F. Schlosser, Manager Doc U. Vol Pe 01045254 DR 4375 142 THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the 29th day of October, 2009, by BRADLEY F. SCHLOSSER, one of the Managers of College Station MarketPlace GP, LLC, a Texas limited liability company, one of the General Partners of College Station Marketplace, L.P., a Texas limited partnership, on behalf of said partnership. CHARLES A. ELLISON Notary Public, state of texas No ry ublic in and for State of Texas My Commission Expires Match 26, 2013 Special Warranty Deed With Vendor's Linn Page 5 1000612511 (12/22/2009) Lauren Hovde - 000001433IF Do r- 8k Vol Ps 01045254 OR 9375 143 SIGNATURE PAGE OF GRANTOR (3 OF 3) COLLEGE STATION MARKETPLACE, L.P., A Texas limited partnership By: Crowley Development, LLC A Texas limited liability company, One of its General Partners d By: thy J wley, Manage THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the 29th day of October, 2009, by TIMOTHY J. CROWLEY, Manager of Crowley Development, LLC, a Texas limited liability company, one of the General Partners of College Station Marketplace, L.P., a Texas limited partnership, on behalf of said partnership. CHARLES A. ELLisoN QN Public in and for State of Texas Notary public, State a T©"" My Commission Expires March 26, 2013 Page 1 Special Warranty Deed With Vendors Li tn. Page 6 (00061251) (12/22/2009) Lauren Hovde. - 00000144.TIF Doc Bk Vo1 Pe 01045254 OR 9375 144 EXHIBIT "A" 0 of 21 All tttat certain 17.68 acre tract or parcel of land, tying and being situated in the ROBERT STEVENSON SURVEY, Abstract No. 54, Cohege Station, Brazos County, Texas, and being part of a 17.83 acre tract described In the deed from Spring Creek CS Development, Ltd. to College Station Marketplace, t.P, recorded in Volume 7188, Page 210, of the Official Records of Brazos County, Texas, and said 17.88 acre tract being more particularly described as follows: BEGINNING at the 'r4' iron raj set In the common Ina between the beforementloned 17.83 acre tract and a 38.084 acre Stale of Texas Conservation easement described In Volume 3928, Page 104, of the OfflcIW Records of Brazos County, Texas, the east comer of the said 17.83 acre tract bears N 42' 31' 10" E - 11.3 feet, the P. I. intersection of the said conservation easement, bears S 42' 31' 1U' W - 0.64 feel, said 14" iron rod also being In the southwest right-of-way line of Arrington Road according to the Right-of-way Dedication of Arrington Road & BOr Wkie Decatur DrNe plat recorded in Volume 7800, Page 12, of the Official Records cf Brazos County, Texas; THENCE along the common line between the beforementdoned 17.83 acre tract and the 38.084 acre tract, as follows: S 42' 31' 100W for a distance of 148.85 feet to a iron rod set, S 32' 28'32W W for a distance of 226.62 feet to a 34" iron rod set, S 23' 47'06"W for a distance of 156.94 feet to a K" Iron rod set, S 76' 18'5T W for a distance of 2C8.00 feet to a 16" Iron rod set, S 45' 33'2V W for a distance of 419.89 feet to a W1 iron rod set, N 71' 16' W' W for a distance c f 60-31 feet to a'h" iron rod set, N 59' 10' 5T' W for a distance, of 353.17 feet to a 1/2" iron rod set at the common corner between the said 38.064 acre tract and a 22.089 acre - Tract Two described In the Deed to the City of College Station, recorded in Volume 6':;74, page 241, Official Records of Brazos County, Texas; THENCE along the common lino between the beforementioned 17.83 acre tract and the 22.088 acre tract as follows: N 17' 20' 05' W for a distance of 24.61 feet to a 112" iron rod set, S 89' 47' 23" W for a distance of 146.97 feet to a S/8" iron rod found marling the common comer between the said 17.63 acre tract and the south corner of Block 2, Spring Creek Gardens Subdivision - Phase 3, according to the plat recorded in Volume 8547, page 273, Official Records of Brazos County, Texas, said 518" iron rod also being In the northwest line of a 20' wide City of College Station Sanitary Sewer Easement, recorded in Volume 4326, page 164, Official Records of Brazos County, Texas; THENCE along the common ! ne between the befo►emenlioned 17.83 acre tract and Block 2, Spring Creek Gardens, as follows: N 54' 08' 06" E for a distance -f 285,32 feet to a S/8" Iron rod found, N 48' 08' 48" E for a distance of 31.09 feet to a S/8" iron rod found marking the east comer of Lot 24, Block 2, N 37. 39' 23' W for a distance of 23.05 feet to a 6/8" Iron rod found marking the south comer of Lot 1, Block 3, Spring Creek Gardens Subdivision - Phase 3; Page 1 Special Warranty Deed With Vendor's Li. Page 7 (000612511 .17?'£' 5111I/T. 8£x81£^ a~~l• ale0 MldtaOak SautH ace^ - A2 M313 h1NRO0 - N33ti03N NINVX 319MONOH no,. xoeyl 00'895 a1 aoue eg IU1030V ARNO- jacn 00' ar0 06ue40 00,89 :s6utpuocaN ,elcl ssa, 00'89 : pal,'Wa~ ;ele 00,89 00,89 s6jey,, luronV lunowv Wi luaWfed slu-noaw pal,;IIo0 00'83 00'82 £E000 Z6£60 39Z9 0TO 00'05 91000 26£60 99Z360I0 l n 6uipuooad seaj 6utp.ioaad 6uiajeoe lunroo0 ------------r Wil X1 N0I1VIS 3931100 £0101 X09 Od NOSI73 9 S31dM :off pass? TITO-90811 ue!ug luatlueda0 spjooed tetat~;0 ITT X09 '0'd x1a!0 Alune0 sozeig :ut 6utpio0ed joi 1e1908d ,e: il,0 (12/22/2'009) Lauren Hovde - 000001453 F Doc C•k Vol P9 01045254 OR 9375 145 EXHIBIT "A" (2 of 2) THENCE along the common line between the beforementioned 17.83 acre tract and Block 3, Spring Creek Gardens, as follows: N 40' 56' 28" E for a distance of 18814 feet to a 112" iron rod set at the east comer of Lot 1, Block 3, a chain link fence corner bears N 39" 25' 16" E -13.3 feet, N 47146103P W for a distance of 322.45 feet to a 1!2" iron rod set, N 03' 49' 24" E for a distance of 71,89 feet (71.87 feet plat call) to a 1!2" Iron rod set In a curve, concave to the north, having a radius of 615.00 feet, same being the south right of way line of Decatur Drive - W right of way, according to the beforementioned Right of Way Dedication of Arrington Road & 80' wide Decatur Drive, THENCE along the south right of way One of Decatur Drive - 8t7 right of way, as follows: Easterly along said curve, for an are distance of 315.39 feet to a 1/2" Iron rod found marking the and of this curve, the chord bears N 80" 15'03" E - 311.95 feet, N 65' 33' 33" E for a distance of 554.16 feet to a 1W iron rod found marking the beginning of a transition curve from Decatur D6ve to Arrington Road, having a radius of 30.00 feet, Easterly Wong said transition curve for an are distance of 43.46 feet to a 112" iron rod sal In a curve, concave to the northeast, having a radius of 545,00 feet, the chard bears S 72" 56 11" E - 39.76 feet, Southeasterly along Arrington Road for an are distance of 120.61 feet to a 117' iron rod found marking the end of this curve, the chord bears S 37.46' 18" E -120.37 feet, S 44' 06'42' E for a distance of 357.40 feet to the PLACE OF BEGINNING. containing 17.66 acres of land, more or leas. AFTER RECORDING RETURN TO: Brazos County Abstract Company 3800 Cross Park Drive Bryan, TX 77802 GF# 148312 PREPARED IN THE LAW OFFICE OF: The Ellison Firm P. O. Box 10103 College Station, Texas 77842 File No. 04441.100 SPECIAL WARRANTY DEED WITH VENDOR'S LIEN: COLLEGE STATION MARKETPLACE, L.P., a Texas limited partnership To SSF INVESTMENTS, LLC, a Texas limited liability company d N fG S L 4 R f oo rqrq 2 W m - W n m ca m a m v+ P A ~ ~ AA N .Q ~ i9 C Q ' Special Warranty Deed With Vcndor s Li- ^ v ~ f; 59 e o ~i Cn w a arc m ~ K R A p~ C LF p W I~DVp ~ ppa fpi 6 ~ ,.a N a b 41 Ln [ "l I~Jn ~ IV. (00061251) 'Page 8 Page 1