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Home My WebLink About03-00500185- 00076102 L t. n£1URN 10: Doc Bk Vol Pg GRAZOS OUNTY A TRA CDMPANY 00783183 OR 4741 43 go 135:12.`L SPECIAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS § That COLLEGE STATION /MPI, LTD., a Texas limited partnership ( "Grantor") for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration to the undersigned paid by Whataburger, Inc., a Texas corporation, ( "Grantee "), the receipt of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee, all those certain tracts of land situated in Brazos County, Texas, and more fully described in Exhibit "A" attached hereto and made a part hereof, together with all buildings, structures, fixtures, and improvements located thereon (the "Property ") subject, however, to those exceptions, reservations and other matters described in Exhibit "B" attached hereto and made a part hereof for all purposes, to the extent the same are valid and subsisting and affect the Property ( "Permitted Encumbrances "). TO HAVE AND TO HOLD THE PROPERTY, together with all and singular the rights and appurtenances thereunto in anywise belonging unto Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND, all and singular the Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. Current real estate taxes affecting the Property have been prorated between the parties and the payment of same is hereby assumed by the Grantee. IT IS UNDERSTOOD AND AGREED THAT GRANTOR IS NOT MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF TITLE (OTHER THAN GRANTOR'S WARRANTY OF TITLE SET FORTH IN THIS SPECIAL WARRANTY DEED), ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITIONS, AVAILABILITY OF ACCESS, INGRESS OR EGRESS, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY, INCLUDING, WITHOUT LIMITATION, (i) THE VALUE, CONDITION, MERCHANTABILITY, MARKETABILITY, PROFITABILITY. SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY, (ii) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO ANY OF THE PROPERTY AND (iii) THE L 7 �'� • Doc Bk Vol Pg 00783183 OR 4741 44 MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY. GRANTEE HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY REPRESENTATION OR WARRANTY OF GRANTOR OR ANY AGENT OF GRANTOR. GRANTEE REPRESENTS THAT IT IS A KNOWLEDGEABLE PURCHASER OF REAL ESTATE AND THAT IT IS RELYING SOLELY ON ITS OWN EXPERTISE AND THAT OF GRANTEE'S CONSULTANTS IN PURCHASING THE PROPERTY. GRANTEE HAS CONDUCTED INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY AS GRANTEE DEEMED NECESSARY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND IS RELYING UPON SAME, GRANTEE SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY GRANTEE'S INSPECTIONS AND INVESTIGATIONS. GRANTEE ACKNOWLEDGES AND AGREES THAT UPON CLOSING, GRANTOR IS SELLING AND CONVEYING TO GRANTEE AND GRANTEE SHALL ACCEPT THE PROPERTY AS IS, WHERE IS," WITH ALL FAULTS. GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY GRANTOR, ANY AGENT OF GRANTOR OR ANY THIRD PARTY. Grantor covenants that no real property located within one (1) mile of the Property and either now or subsequently, directly or indirectly, owned, leased or controlled by Grantor shall, for a period of twenty (20) years commencing on the date hereof, be developed or used, in whole or in part, for any business who's primary activities is engaged in the sale of prepared hamburgers. This provision shall not apply to the Property Executed this Z 4 ? day of July, 2002. GRANTOR: COLLEGE STATION /MPI, LTD., a Texas limited partnership Mad . • Properties, Inc., as General Grantee's Address: Part :r Whataburger, Inc. 4600 Parkdale Drive By: Corpus Christi, TX 78411 Ja e. W. Maddox, ce President Attn: Real Estate Dept. Doc OR 4741 45 STATE OF TEXAS § COUNTY OF f�r'Gt Z OS § This instrument was acknowledged before me on this the /VI) day of July, 2002 by James W. Maddox, Vice President of Maddox Properties, Inc., a Texas corporation, as General Partner of College Station, MPI, Ltd., a Texas limited partnership, on behalf of said corporation and said limited partnership. €4L 1Y 21tJ ota Public, St3 of Texas �! *' LINDA MORGGAN - : =''- MY G)MMISSION EiPi ES .' Apr0 23, 2005 00 783183 OR 4741 46 Exhibit "A" Being all that certain, tract or parcel of land lying and being situated in Brazos County, Texas, and being Tract G -2A, PONDEROSA PLACE, SECTION TWO, an addition to the City of College Station, Texas, according replat recorded in Volume 4734, Page 122, Official Records of Brazos County, Texas. • Doc Bk Vol Pg 00783183 OR 4741 47 Exhibit "B" PERMITTED EXCEPTIONS 1. 10' Public Utility Easement along the front of the lot, 10' portion of a 20' Public Utility Easement along the northeast side of the lot, 20' Public Utility Easement along the rear of the lot and a Common Access Easement along the rear and at the east corner of the lot as shown of record on vacating plat of Ponderosa Place, Section Two, recorded in Volume 4734, Page 122, Official Records of Brazos County, Texas; 25' Building Line along the front of the lot, 15' Building Line along the rear of the lot and a 7.5' Building Line along both sides of the lot per City Ordinance No. 1638 and all as shown on survey plat prepared by Brad Kerr, Registered Professional Land Surveyor, State of Texas, No. 4502, dated July 22, 2002. 2. Easement from Creative Insurance Concepts to City of College Station, dated April 17, 1990, recorded in Volume 1181, Page 466, Official Records of Brazos County, Texas 3. Royalty reservation in Deed from P.G. Longmire, et ux to Roy W. Kelly, et ux, dated May 25, 1961, recorded in Volume 211, Page 615, Deed Records of Brazos County, Texas. 4. Mineral Deed from Tiller Corp. to W. D. Fitch, Trustee, dated January 1, 1979, recorded in Volume 424, Page 300, Deed Records of Brazos County, Texas. 5. Mineral Deed from Area Progress Corporation to W.D. Fitch, Trustee, dated January 1, 1979, recorded in Volume 437, Page 335 and 337 and Volume 424, Page 296, Deed Records of Brazos County, Texas. 6. Mineral Quitclaim Deed from Creative Insurance Concepts to W.D. Fitch, Trustee, dated November 7, 1994, recorded in Volume 2243, Page 86, Official Records of Brazos County, Texas. 7. Terms and conditions as set forth in the Waiver and Release of Surface Rights executed by William D. Fitch, Trustee, dated March 27, 1990, recorded in Volume 1175, Page 768, Official Records of Brazos County, Texas. 5 .3 k F _ M 1_, t iff ■ > SPECIAL WARRANTY DEED COLLEGE STATION/MPI, LTD TO WHATABURGER, INC. RETURN TO BCAC (GF# 135724)