HomeMy WebLinkAboutWarranty DeedOoc Sk Val P9
01048340 OR 4427 178
General Warranty Deed
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: November 2009
Grantor: BRAZOS GATEWAY PLACE DEVELOPMENT, LTD., a
Texas limited partnership
Grantors Mailing Address: P. 0. Box 4508, Bryan, Brazos County, TX 77805-4508
Grantee: DWS DEVELOPMENT, INC., a Texas corporation
Grantee's Mailing Address: P. O. Box 4508, Bryan, Brazos County, TX 77805-4508
Consideration:
TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration to the
undersigned paid by the Grantee herein named, the receipt of which is hereby
acknowledged.
Property (including any improvements):
TRACT ONE:
Being Lot 9R-1, Block 1, a Final Plat of The Gateway Subdivision, Phase 1, Block 1 Lots
9R-1 and 911-2 which was out of a replat of The Gateway Subdivision Phase 1, Block 1,
Lot 9R, City of College Station, Brazos County, Texas, according to the plat recorded in
Volume 9058, Page 70, of the Official Records of Brazos County, Texas.
TRACT TWO - Easement E01st4:
Access Easement benefiting Tract One (1) as set forth in the certain Declaration of Easement
dated April 1, 1999, executed by Delmar Baronhead I, Ltd., filed for record July 16, 1999, and
recorded in Volume 3542, Page 324, and as set forth on that certain Plat entitled "A Final Plat of
The Gatewa recor e in o ume 663, Page 00313, Deed Records, Brazos County, Texas,
and being further described in ExhNbR "A" attached hereto and Incorporated by reference herein.
TRACT THREE:
Declaration of Easement, dated January 1, 1998, from Delmar Baronhead 1, Ltd., to The Public,
recorded in Volume 3252, Page 212, and amended on November 18, 2002, recorded in Volume
5239, Page 165, and amended in Volume 5883, Page 204, Official Records of Brazos County,
Texas.
TRACT FOUR:
Easements created under that certain Grading and Slope Control Easement from Delmar
Baronhead I, Ltd. to Brazos Gateway Place Development, Ltd., dated March 11, 2009, and
recorded in Volume 9020, Page 249, Official Records of Brazos County, Texas.
(collectively herein the 'Property')
(00063878{
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01048390 OR 9427 179
Reservations from Conveyance:
1. NONE
Exceptions to Conveyance and Warranty:
1. The following restrictive covenants of record in Volume 3740, Page 116, Volume 4974, Page
247, and Volume 7945, page 172, Official Records, Brazos County, Texas, but deleting any covenants,
conditions or restrictions indicating a preference, limitation or discrimination based on race, color, religion,
sex, handicap, familial status, or national origin unless and only to the extent that said covenant (a) is
exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not
discriminate against handicapped persons.
2. Easements as shown on plat recorded in Volume 7945, Page 172, Official Records, Brazos
County, Texas.
3. Easements as set out in restrictions recorded in Volume 3740, Page 116, Official Records,
Brazos County, Texas.
4. Access Easement as shown on plat recorded in Volume 3663, Page 313, Official Records,
Brazos County, Texas.
5. Terms, provisions and the Maintenance charge as set out in Declaration of Easement for
Drainage and Detention :
Dated: February 10. 1999
Recorded: Volume 3417, Page 101 and amended in Volume 4974, Page 199,
Official Records, Brazos County, Texas.
6. Agreement of Easements with Covenants and Restrictions affecting land by and between :
Parties : Delmar Baronhead I, LTD and CNL APF Partners, LP, at al
Dated: February 25, 2000
Recorded: Volume 3740, Page 116, Official Records, Brazos County, Texas.
7. Easement:
From: CSI Associates
To: City of College Station
Dated: October 7, 1994
Recorded: Volume 2232, Page 115, Official Records, Brazos County, Texas.
8. Reciprocal Easement and Operation Agreement and the maintenance charges therein
Parties: Delmar Baronhead 1, Ltd. and Home Depot USA, Inc.
Dated: November 18, 2002
Recorded: Volume 4974, Page 247, Official Records, Brazos County, Texas.
9. Mineral Reservation in Deed with waiver of surface rights:
By: Frank T. Matous, Jr., at at
To: Delmar Baronhead 1, Ltd.
Dated: December 11, 1998
Recorded: Volume 3339, Page 249, Official Records, Brazos County, Texas.
10. Mineral Reservation in Deed with waiver of surface rights:
By: Frank J . Matous, Jr., at at
To: Wulfe Investments, Ltd
Dated: April 9, 1999
Recorded : Volume 3417, Page 97, Official Records, Brazos County, Texas.
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11. Mineral Reservation in Deed with waiver of surface rights :
By :
CSI Associates
To :
Delmar Baronhead I, Ltd
Dated :
September 30,1988
Recorded:
Volume 3272, Page 63, Official Records, Brazos County, Texas.
12. Mineral Reservation in Deed with waiver of surface rights :
By:
Frank J . Matous, Jr., et al
To :
First Madison Real Estate, Ltd.
Dated :
February 27, 1997
Recorded :
Volume 2934, Page 266, Official Records, Brazos County, Texas.
13. Oil and Gas Lease, and all terms, conditions and stipulations therein
Lessor: Frauline Putz Sims, et at
Lessee : Inco Oil Corporation
Dated : November 12,1991
Recorded : Volume 1411, Pages 113,144, 148 and 152, Official Records, Brazos
County, Texas.
14. Oil and Gas Lease, and all terms, conditions and stipulations therein:
By.,
CSI Associates
To :
Inoo Oil Corporation
Dated :
February 13, 1992
Recorded:
Volume 1520, Page 157, Official Records, Brazos County, Texas .
15. Rights of others in and to the use of the Access Easements described on Exhibit "A" .
16. Easement dated June 19, 1978, executed by Jacob Luza, Jr. t o City of College Station, recorded
in Volume 399, page 751, Deed Records, Brazos County, Texas.
17. Blanket Easement dated April 20, 1937, executed by H. P. Dansby Estate to the City of Bryan,
recorded in Volume 94, page 199, Deed Records of Brazos County, Texas.
18. Easement dated November 17, 1997, executed by Delmar Baronhead 1, Ltd. to Stanley D.
Rosenberg, recorded in Volume 3360, Page 196, Official Records, Brazos County, Texas.
19. Easement dated September 25, 1978 . executed by Jacob Luza to the City of College Station,
recorded in Volume 407, Page 792, Deed Records, Brazos County, Texas.
20. Terms, conditions and stipulations contained in that certain Private Drainage and Detention
Easement Agreement by and between Delmar Baronhead 1, Ltd. and Brazos Gateway
Development, Ltd., dated November 17, 2003, and recorded in Volume 5779, Page 202, Official
Records, Brazos County, Texas.
21. Terns, conditions and stipulations contained in that certain Construction and Maintenance
Agreement by and between Delmar Baronhead 1, Ltd., and Brazos Gateway Place Development;
dated November 17, 2003, and recorded In Volume 5891, Page 183, Official Records, Brazos
County, Texas.
22. Notice of Restriction from Delmar Baronhead 1, Ltd., to the Public, dated October 27, 2003, are
recorded in Volume 5959, Page 164, Official Records, Brazos County, Texas.
23. 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
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01048390 OR 4427 181
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.
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, except as to the Reservations from Conveyance and the Exceptions to Conveyance
and Warranty.
When the context requires, singular nouns and pronouns include the plural.
This General Warranty Deed (°Deed° herein) has been executed by Grantor on the date of ffie
taking of its acknowledgment, but the effective date of this Deed shall be deemed to be November a ,
2009, for all purposes and it shall be effective as of that date.
BRAZOS GATEWAY PLACE DEVELOPMENT, LTD.,
a Texas limited partnership
By: B T Y P CE D LOPM
AGEM NT, L , ' Gen er
t
By:
DAVID W. SCARM DO, Manager
THE. STATE OF TEXAS
(ACKNOWLEDGMENT)
VEtgNGI1K NOW
MYCOMMISIN NEPI11E8
A"106=8
COUNTY OF BRAZOS
This instrument was acknowledged before me on the oZ $ day of April, 2009, by DAVID W.
SCARMARDO, Manager of BRAZOS.GATEWAY PLACE DEVELOPMENT MANAGEMENT, LLC, a
Texas limited liability company, General Partner of BRAZOS GATEWAY PLACE DEVELOPMENT, LTD.,
a Texas limited partnership, on behalf of said partnership.
dank.
eoreeriaoatr
OWE atary Public, State of Texas
~lJEI1tV0wOf~1
AFTER RECORDING RETURN TO:
THE ELLISON FIRM
P. O. Box 10103
College Station, TX 77842-0103
PREPARED IN THE LAW OFFICE OF:
THE ELLISON FIRM
302 Holleman Drive East, Suite 76
College Station, TX 77840
File No. 04695.083
{00063878)
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01048390 OR 9427 182
BRI81T. A" PAGE-/ OF
Traci Two - Easement Estate
Access Easement benefiting Tract One (1) ee set forth in the attain Declaration of EsserNmt dated April
1. IM, =muted by DftAt BaronbW L. Ltds, Ned for r -cat d Jnb 16119991-and t eeoided is Voluipe
3542, page 324, and as set "on that carteia Fig entitled *A Fwd Piet of The Gateway" recorded in
Volume 3663. Page 00313, Deed Records, Brame County, T6crA and bean; fbrther described a: folknk
NOR ad houndr deeMipdon ofalj that
actxw ipppjopt,'ivdd b
fitral plat of W'1d VIVO
Batoohead=L Ltd., as a
Brazes County: Teitas,
by daetl rroeodetl'(a V
note belu~ more
in
a~!!~Y. races r asdepicted'aatbd
> tract coaveyod, to Delatar
Pao 100. of thet~lieial-R' deords of
desch'bod as follows:
CO1V11vt8 ICING It a I-ill" x 1" ina-ber found marking the south eonw of that same 1.15 acre tract
conveyed to Bert Whadaa, inc., as desonW by deed recorded is Volum 391, Page 864 of the Dead
Records of Brazos County, Taxek and lying in the northwest right-of-way, line of University Drive East;
THENCE S 5004928" W - 24.82 feet with said right-of-way line to a 1/2" iron rod found for angle
point;
THENCE S 55004150" W - 315.34 feet with said right-of-way line to a point rot the PLACE OF
BECiII+ilV1NQ;
THENCE S 55004'50" W - 32.01 feet with said right-of-way line to a point fILr the common south corner
between said Lot 4 and said Lot 5;
THENCE S 55004'50" W - 32.01 feet with said right-of-way line to a point for comer.
THENCE N 33053'03" W - 245.37 feet across said proposed Lot 5 to a point for corner,
THENCE N 58°34148" W -146.41 feet across said proposed Lot 1 to a point for comer;
THENCE N 41 °59'58" E - 65.18 feat to a point for comer.
THENCE S 58'5448" E -148.28 feet across said proposed Lot I to a point for corner
THENCE S 33953'03" E - 258.42 feet across said proposed Lot 4 to the PLACE OF BEGINNING, and
containing 0.587 acres of land.
01048390 OR x°942 193
GENERAL WARRANTY DEED:
BRAZOS GATEWAY PLACE DEVELOPMENT, LTD.
TO
DWS DEVELOPMENT, INC.
Filed for Record in,
BRAZOS COUNTY
On: Dec 1WOW at 11:26A
As a
Rewdiags
Document Number - 01048390
Amount 36.09
Receipt Number - 389104
Ss1
Ashlie Peters
STATE OF TEXAS COUNTY OF BRAZOS
1 hereby certify that this instrument was
filed on the date and time stewed hereon by ee
and was dulw recorded is the volume and page
of the Official Public retards of:
BRAZOS COUNTY
as sta wed harem bs me.
Dec 14►2009
HONORABLE KARR MCOMt COIRITY CLERK
BRAZOS COUNTY
(00063878)