HomeMy WebLinkAbout03-00500154- 00076399 . .
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1 $ 1 111 . t. Collage Station . Texas 77841
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CI ' j I VI .72 1 ,' ••••■
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Date °tug 1 I
IlL4 ' , 2000
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l'i Grantor: LAMES R ODURTNEY
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f Grantee HEDAYATOLLAH DADFAR and E1OMAYS DADFAR
Grantee's INallIng Addrean R.0. ce f5
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ConsIdaadon: TEN AND NO/100 DOLLARS ($10.00) and other good and
• i. 1- . valuable considaation, CASH and a note of even date r-ed by
1
Grantee and payable to die order of BANK OF AMERICA, N.A.
, ...
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in the principal amount of FORTY THOUSAND AND NO/100
• ,, ,i,.1
I 1 :
1 :1 A DOLLARS (S40,000.00). The note is secured by a first and ..
i ' i lri • - superior vendor's lien and superior dde retained in this deed by
: I ' I, /; ' • Grantor, which is hereby transferred to BANK OF AMERICA.
- N.A. and by a first-lien deed of trust of even date from Grantee to
■ 41,
t I
PRLAP, Inc., Trustee.
Property *Wading any Improvements):
' I qi
Id ,. '.• I Field notes of a 1.25 aae tract or parcel of land, lying and being situated in the Andrew •
McMahon Survey, Abstract No. 167, Brazos County, Texas, and being all of the 1.25 acre tract '
described in the deed from Nova J. Silvy, et ux, to James. F. Courtney, as recorded in Volume I!
1 1
1148, Page 512, of the Official Records of Brazos County, Texas, said 1.25 acres being part of
• Lee 1 (5 acres) according to the plat of Benjamin Graham Subdivision, as recorded in Volume 12, i
, li
Page 394, of the Deed Records of Brazos County, Texas, and said 1.25 acre tract being more
I I [ I particularly described as follows:
I i ,
1 F i.
1; • , BEGINNING at a 1/2" iron rod found at the northeast corner of the beforementioned 1.25 acre
tract. same being the northeast corner of the beforanentioned Lot 1, and located 100 feet west of
• I ;, the centerline of the Southern Pacific Railroad, and same being die fenced west line of the Koppe
Bridge Road (County Road);
I
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1 " ,g, - THENCE S 09° 40' 36' E along the east line of the beforerneadoned called 1.25 acre tract.
• 1 , ' parallel to and 100 fast west of the centerline of said Southern Pacific Railroad along the fenced
, J. 1 , west hne of Koppe Bridge Road, at a di.ctance of 126.00 fast. pass a la" iron rod found, continue
I r r I i . 1
t ' on, for a total distance of 128.47 feet to the southeast corner of the 1.25 acre tract, same being • '
i iii ri 7 [i at the easterly end of a Boundary Line Agreement executed September, 1989, between Francis
,
, ' • , Nordenstrom and No Silvy, et tut, and recorded in Volume 2798, Page 287, of the Official
; I i ; , h, Records of Brazos County, Texas, from which a 1/2" iron rod found bears S 56° 13' 12" W -
023 feet;
r el
I r r il „.■,[: ii P i THENCE S 79• 09' 34" W along the beforementioned agreed boundary line and the south line
of the beforementioned 1.25 acre tract at a distance of a 1.5 feet, pass a chain link fence corner
• ;
post, continue on along a chain link and barbed-wire fence, for a total distance of 458.03 feet to
a crossde fence corner post at the west end of the agreed boundary line, and the southwest corner
: ':'"ii . . of the 1.25 sae tract in a southeast line of the called 8.23 acre tract, Vol IIIIIC 3686. Page 320, of ,
the Official Records of Brazos County, Texas; .
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1-.0 ,,P I THENCE N 42° 30' 31" F Along the fenced Mgt/ISOM Pne of the beforementioned 1.25 acre I
tract, SaIIIC being the northwest line of said I,ot 1, at a distance of 59.70 feet, pass a 1/2° iron rod 1 1
I I, 1 ' 1'1 :
;
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OD Intrittice ea is cu (9
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- 117 ' at a found, continue on, for total distance of 288,70 feet to a 1!2° iron rod found l e 1
Q1 corner marking the northwest Berner of t oxossde Peace it ,� 1
he 1.25 acre tract. said iron rod being at the .oa hwest 1
0.1 corner of an 80 foot right-of-way street (see Volume 12, Page 394); ll a
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e THENCE S 89° 59' 27' E along the north line of the beforemeationed 1.25 acre tract, same being
s the north line of said Lot 1, adjacent to a fence, same being the south right-of-way lice of the
beforemendoned 80 foot street, for a distance of 233.18 feet to the PLACE OF BEGINNING. ?s
containing .25 acres of land, .more or less. { •'t'
Rtaervadons from Conveyance: None.
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Excepdons to Conveyance and Warranty:
a
ii • 1. Overhead electric line bisects property from the south side to the north side; Overhead
electric line to wood Kung
8�ge. Kling, RP.L.S.
water meter and power pole located on property, as shown c 1,+
on
2003. survey prepared on July 24, 2000, under the su pervision of S. M. '1",i
h, l
i ,
Fi r ,
i 2. Blanket Easement dated August 3, 1971, executed by L, O. Parsons to Wellborn Water . 1
Supply Corporation. recorded in Volume 303, Page 344, Deed Records, Braze County, i
t Texas.
s
3. Profit a prendre to use Water Well reserved in Deed dated January 22, 1966, executed by k1 I 1
D. D. Burkhalter, et al to Franca Warren, recorded in Volume 253, Page 540, Deed
j,
Records, Brazos County, Texas.
4. Oil and Gas Lease, and aU teens, conditions and stipulations therein dated November 30. Ti 1 '
1978, executed by Nova J. Silvy and wife, Valeen H. Silvy, recorded in Volume 34, Page r i I II
279, Oil & Gas Lease Records, Brazos County, Texas.. tiI
5. Oil and Gas L ease, and all terms, conditions and stipulations. therein dated December 12, � '1
�8�8•
1978, executed by Frances Nordenstrom to Jordan Inc, . recorded is Volume 1` t
'
33, Page 786, Oil & Gas Lease Records, Brazos Canty, Texas.
'6 ,
6. Boundary Agreement dated September 15. 1989, by and ban= Francis Noreasuom and i
Nova J. Silvy and wife, Valeen H. Silvy, recorded in Volume 1146, Page 824, Official I 1
• Records, Brazos County, Texas. r
it Grantor, for the Consideration and subject to the Reservations from Conveyance and the i � '
Exceptions to Conveyance and Warranty, grants, sells. and conveys to Grantee the 1
together with all and singular the rights and appurtenances ther to.in any way belonging, to have ; ,
and to hold it to Grantee and Grantee's heirs. successors, and:ass' forever. Grantor Y' 1;I
Grantor and Grantor's heirs and successors to warrant and forever defend aU and binds 1
Property to Grantee and Grantee's heirs. successors. and assigns against every person /I; 1 i
whomsoever lawfully claiming or to claim the same or any part thereof, except as to the I , ,
Reservations from Conveyance and the Exceptions to Convryance and Warranty. r1
The vendor's lien agaiou and superior title to the Property are retained until each note described 1 j
b fully paid according to its terms, at which time this dad will become absolute, . I ■
When the context requires, singular nouns and pronouns include the plural. y II
,1, I 1 ,i 01
Ad valorem taxes for the current year have ban prorated as of the date of delivery of this deed, and ; 1 11
the Grantee by their acceptance hereof covenants and agrees to pay all ad valorem taxes upon the , ; l' .jl
Property from and including taxes for the year 2000. s I 1
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J. J�db i
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J F. COURTNEY . by and a h his , 11
Ili FACT, maxi TSOli lip 1
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MOORMAN, TATE. MOORMAN & URQUHART
ATrOPf1EYS AT LAW
` +.+. -.•w.r — _ 2C7 IAtiT }.MAIN • _ Xr sox loos . `, � w.,*,. � y -4 \ URENHAM, TEXAS '77833 - 1801 4 01 1 �!
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WARRANTY DEED: BRAZOS COUNTY'S STEPPING STONE, INC. TO BENNIE J. ;)
BIRD, ET UX
t F;1
THE STATE OF TEXAS S
S KNOW. ALL (BEN BY THESE PRESENTS: • .
COUNTY OF BRAZOS S ;
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That BRAZOS COUNTY'S STEPPING STONE, INC., of the County
1
of Brazos; State of Texas, hereinafter called Grantor, for and in " -;� ,
consideration of the sum of TEN AND NO /100 ($10.00) DOLLARS, 3 .
3
cash, and other good and valuable considerations to Grantor in ', k,
hand paid and secured to be paid by BENNIE J. BIRD and wife,
4
DEBORAH A. .BIRD, hereinafter called Grantees, the receipt of } 1
which is hereby acknowledged and confessed; and the additional
1
sum of TWELVE THOUSAND FIVE HUNDRED AND NO /100 ($12,500.00) 1 •
, • 1
DOLLARS, cash to Grantor in hand paid by CITIZENS STATE BANK, J
` 1
SOMERVILLE, TEXAS, the receipt of which is hereby acknowledged ;' i
1 and confessed; which said last mentioned sum has been paid to the
F,
Grantor, at the special instance and request of the Grantees
•
herein, as evidence of which the said Grantees executed and
i delivered one certain promissory note of even date herewith in
1 the sum of TWELVE THOUSAND FIVE HUNDRED AND NO /100 ($12,500.00)
DOLLARS, bearing interest at the rate of eleven and one -half
(11.5 %) percent per annum, payable to the order of CITIZENS STATE •
BANK, SOMERVILLE, TEXAS, at Somerville, Texas, said note payable
d
in monthly installments of ONE HUNDRED FORTY SIX AND 02/100 1
($146.02) DOLLARS, each, on principal and interest, the first of I
such installments due and payable on or before the 15th day of .14
September, 1988, and a like installment due and payable on or 1"
r
before the 15th day of each month thereafter until said note is `
fully paid; said note providing that default in the payment of r
any installment when due, shall at the option of the holder of S
(J
such note mature said entire remaining balance; and all -
1
provisions of said note are made a part hereof as though written i
herein; said above described note is secured by the vendor's lien
° 1 ' -heein and hereby retained on the hereinafter described property;
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''°"*"."..^.^I,",'LfpcnL,,wLL..ysrormgg,.,..w.."......m.q.................;.....„.....n.qua..ww;a.ms.wupp.o.....s..wweq.rwm22 5/e., I
and additionally secured by a Deed of Trust of even date herewith
delivered by Grantees naming E. B. FLENCHER, JR., Trustee, for
the use and benefit of the P Y a ee owner and holder of said above
�# described note.
� •r•s
HAVE GRANTED, SOLD AND CONVEYED and by these
presents DO
GRANT, SELL AND CONVEY unto the said BENNIE J. BIRD and wife,
DEBORAH A. BIRD, of Route 2, Box 266, Caldwell, Burleson County, ;
Texas, the following described
property:
Being all that certain 5.00 acre tract or parcel of
land, lying and being situated in the ANDREW MCMAHON
SURVEY, A -167, Brazos County, Texas, and being part of
the called 41.96 acre Tract I and a portion of Tract
II, as described in the Deed from Douglas Roland
Royder, et ali, to Brazos County's Stepping Stone,
Inc., as recorded in Volume 614, Page 171, of the
Official Records of Brazos County, Texas, as more
fully described in Exhibit "A" attached hereto and
made a part hereof for all purposes pertinent. .'
This conveyance is executed by Grantor and accepted by
Grantees as being subject to the following:
1. A Right -of -Way from Douglas R. Royder, et al to
Wellborn Water Supply Corporation, dated August 9, 1971, recorded
in Volume 303, Page 348, Deed Records of Brazos County, Texas.
2. A Boundary Line Agreement dated October 26, 1978, by
and between David Lawrence Alexander, et al to Douglas R. Royder, ,1
et al, recorded in Volume 421, Page 754, Deed Records of Brazos
County, Texas. ,
3. A Mineral Reservation in Deed from Douglas Roland
Royder, et al to Brazos County's Stepping Stone, Inc., dated
October 3, 1983, recorded in Volume 614, Page 171, Official
r :
Records of Brazos County, Texas.
4. An Oil and Gas Lease from Douglas R. Royder, to Getty
Oil Company, dated June 2, 1978, recorded in Volume 32, Page 509,
Oil and Gas Lease Records of Brazos County, Texas.
5. An Oil and Gas. Lease from Foy B. Royder, to Getty Oil Y =x
Company, dated June 9, 1978, recorded in Volume 32, Page 686, Oil
and Gas Lease Records of Brazos County, Texas.
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6. An Oil and Gas Lease from J. L. Royder, to Getty 011
. Company, dated June 7, 1978, recorded in Volume 32, Page 621, Oil
and Gas Lease Records of Brazos County, Texas.
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7. An Oil and Gas Lease from Marcella Houston, to Getty
Oil Company, dated June 22, 1978, recorded in Volume 33, Page 85,
Oil and Gas Lease Records of Brazos County,.Texas.
•
8. An Oil and Gas Lease from Douglas R. Royder, et ux to .�
Robin Investments, Inc., dated January 20, 1984, recorded in
Volume 643, Page 1, Official Records of Brazos County, Texas.
9.. An Oil and Gas Lease from Joda L. Royder, to Robin
Investments, Inc., dated January, 21, 1984, recorded in Volume .
•
645, Page 589, Official Records of Brazos County, Texas.
and Gas Lease from Marguerite F. Royder, to 1
10. An Oil A Robin Investments, Inc., dated January 21, 1984, recorded in st
Volume 645, Page 592, Official Records Brazos County, Texas.
i
.11. An Oil and Gas Lease from Thomas Harvey Royder, III, to 1/1
. Robin Investments, Inc., dated January 21, 1984, recorded in )
•
1 Volume 645, Page 595, Official Records of Brazos County, Texas.
•
12. An Oil and .Gas Lease from James Otis Royder, to Robin
Investments, Inc., 'dated January 21, 1984, recorded in Volume
. 647, Page 554, Official Records of Brazos County, Texas.
TO HAVE AND TO HOLD the above described premises, together ,
• with all and singular the rights and appurtenances, thereto in
I anywise belonging, unto the said BENNIE J. BIRD and wife, DEBORAH
A. BIRD, their heirs and assigns, forever; and it does hereby
bind itself, its successors and assigns to WARRANT AND FOREVER
DEFEND, all and singular, the said premises unto the said BENNIE
J. BIRD and wife, DEBORAH A. BIRD, their heirs and assigns,
against every person whomsoever lawfully claiming or to claim the
same or any part thereof. .
But, it is expressly agreed and stipulated that the •
• vendor's lien is retained in favor of the holder of_ the above
note, against the above described property, premises and
.
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1111
1 improvements, until the above described' note and all interest
thereon is fully paid, according to its face, tenor, effect and
reading, when this Deed shall become absolute; and the vendor's
lien and the superior title are hereby transferred, assigned,
sold and conveyed. to the CITIZEN$ STATE BANK, SOMERVILLE, TEXAS,
the payee named in said note, without recourse.
EXECUTED this the 17th day of August, 1988.
BRAZOS COUNTY'S STEPPING
STONE, INC.
•
BY: K'Mv t
p A
THE STATE OF TEXAS
COUNTY OF •
This instrument was a95knowledgpd befor me on the / day
of August, 1988, by � 16h tw .lo / le e es' . r�r r4. (h rtola it
of BRAZOS COUNTY'S STEPPING STONE, INC., a Texas corporation, on
behalf of said corporation.
•
`i' �.,•h r A. 4 %.._. ''L1/ I L.
`• terry Pub ic, St. e of Texas
LINC,ti p,? ')^C' : S Notar 's name pro ed: •
�,. , S 9 My commission expires:
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PAS! —
VOL 1068 a AS 6
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• r E X H I B I T "A" I
Being all that certain 5.00 acre tract or parcel of land, lying and
, being situated in the ANDREW McMAHON SURVEY, Abstract No.
County, Texas, and being part of the called 41.96 acre Tract and
portion of Tract II, as described in the deed from Douglas Roland
'Royder, et ali, to Brazos County's Stepping Stone, Inc., as recorded
in Volume 614, page 171, of the Official Records of Brazos County,
Texas, said portion of Tract II consists of the following: All of
Lots 1 through 5, Block 3, All of Lots 1 and 2 and part Block 1, and part of the adjoining 80 foot right- of-way, of Lot
the plat of Wellborn'recorded in Volume "Z„ n• accordi ng to •
the plat of Benjamin Graham Subdivision, recorde i
d in Volume page
to
. 394, of the Deed Records of Brazos County, Texas, and said 5.00 acre
tract being more particularly described as follows:
BEGINNING at the 1/2" iron rod found at a cross -tie fence corner
marking the most northerly southeast corner of the beforementioned
41.96 acre tract, same being the northernmost corner of the called
1.64 acre (1.05 actual) tract described in the deed to Nova Silvy, et
ux,,as recorded in Volume 383, page 149, of the Deed Records of
Brazos County, Texas, and same being at the westerly corner of the
beforementioned platted 80 foot right -of -way;
THENCE S 42' 30' 33" W along the fenced southeasterly line of the
beforemenaioned 41.96 acre tract, for a distance of 49.56 feet to a
1/2" iron rod set;
THENCE N 47' 29' 27" W at a distance of 166.25 feet, pass a 1/2" iron ✓
rod marking the east corner of the 18.0 acre tract described in the
deed from Brazos County's Stepping Stone, Inc. to Nova ova Silv
as recorded in Volume 815, Records s of ft ux,
Brazos County, Texas, continue on l
onalong the northeast linedofthe ,
beforementioned 18.0 acre tract for a total distance of 505.30 feet '
to a 1/2" iron rod set; 1
THENCE through the interior of the beforementioned 41.96 acre Tract I
and the beforementioned Tract II as follows:
N 52' 24' 41" E for a distance of 304.20 feet to a 1/2" iron rod set, f
N 82' 38' 22" E at a distance of 86 feet, cross west line of the t
•
beforementioned 80 foot right-of-way,
an overhead power line, at a distance of about t 110 e feet, 92 cross � the
ss
easterly line of the 41.96 acre Tract I, continue on for a total •
distance of 315.02 feet to a 1/2" iron rod set in the west
right -of -way line of the Southern Pacific Railroad (200 foot
right-of-way),
y), same being in a curve concave to the east, having a •
radius of 5829.65 feet;
THENCE along the west right -of -way line of the Southern Pacific
Railroad and 100 feet west of the centerline of said railroad as
follows:
Southerly along said curve for an arc distance of 235.66 feet to a
1 /2" iron rod set at the end of this curve, the chord bears S 08' 31'
06" E 235.64 feet,.
S 09' 40' 36" E for a distance of 254.34 feet to a 12" cedar post at ,
the occupied southeast corner of the said Tract II,
iron rod at the northeast corner of the beforementionedm1.05 which
acre /2e
.tract bears S 09' 40' 36" E 47.77 feet;
THENCE S 88' 08 '35" W along the fence found marking the south line
of the beforementioned Tract II, bein a t
center of the beforementioned platted 80 foot ofeway, for along •
distance of 230.10 feet to a cross -tie fence corner in or near t e
deed line of the beforementioned 41.96 acre tract; h
THENCE S 06' 56' 53" E along the fenced portion of the east line of
the beforementioned 41.96 acre tract, for a distance of 39.89 feet to
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the PLACE OF BEGINNING, containing 5.00 acres. of land, more or less.
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vo. DNS PAU 7
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01/23/04 11:24 GARRETT ENGINEERING 4 9797643496 D02
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Il i,'1 Do AR X749 1S4
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,i NOTICE OF CONFIDENTIALITY RIGHTS:' IF YOU ARE A NATURAL PERSON, YOU
i �,. i MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS ,
I. '! INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
I .1 .i I '!:: YOUR SOCIAL SECURITY.
i Ii . i ,li.; Date: November 2 009
i' lit pI ' ! '4 ' i 1 � . Qrentor: NOVA J. SILVY and VALEEN H. SILVY
1111 Address (including county): 14703 $GN Road
,1i1 College Station, Brazos County, T)( 77845
il'' I'i:lL, Grantee: BENNIE J. BIRD and DEBORAH A. BIRD
p . ti '',ii; 429b K Bridge Road
Grantee's Mailing ddreSS flncluding County): oppe
1 i g College Station, Brazos County, TX 77845
': II '� 000,00) and other good and
t 11
f , j valuable consideration, the receipt and sufficiency of which Is hereby
i r l acknowledged.
!�I , I Coneidaration: FIVE THOUSAND AND N0 /140 DOLLARS (�5, , � l Property (Including any Improvements): •
� I
I r j ,
1' I Being all that certain tract or parcel of land lying and being situated In ANDREW McMAHON
1 • I'' SURVEY. Abstract No. 167, In Brazos County, Texas;, and beinngq a part of the 80.00 foot wide right
1 of way shown In the Wellborn plat as recorded In Volume "Z" Page 8 of the Deed Records of
,, Brazos County, and also shown to the Benjamin Graham Subdivision plat as recorded h Volume
��i 12, Page 394 of the Deed Records of Brazos County, Texas, and being more particularly
h'11.1 described as follows:
�! I Iii , ',L the wes BEGINNINQ' at a 'h" Iron rod found at the most uthe�y common Comer of said right-of-way
11 1i 1 and 1.25 axe tract of Hede tottan and Shomaya Dadfar (3889/249), said Iron rod also being on
!' � t right-of-way llrte Of Koppe Bridge Road; _
I j 1, THENCE; N 89° 58' 45" W - 232.58 feet abng the common line between the subject tract and
I said 1.25 acre tract to a 1Fi" iron rod found for the common comer between the subject tract, said
L 1.25 acre tract and Bennie J. & Deborah A. Bird 5.00! acre tract (1068/3);
+., 1,,
I ; I THENCE S: 05° 05' 02 a - 39.89 feet, along the common line between the subject tract and said
5.00 acre tract to a 5/8" iron rod with cap set for corner;
;1i. i ' . :',; THENCE: N a87° 54' 28" E - 230.10 feet along the/ common line between the subject tract end
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j said 5,00 acre tract to a 5/8" iron rod With cap set for corner said Iron rod also being on the west
, ; right of Inc i of Koppe Bridge Road;
, , THENCE: S 07° 18' 09" E - 48.74 feet atop the right -of -way line of Koppe Bridge Road to the
I`i' PLACE OF BEGINNING and Containing 0.23 acres, of land more or less, according to a survey
; ': Iii . made on the round under the supervision of Donald Garrett, Registered Professional Land
''i,
i 'i � Surveyor No, 272, on May 2, 2003 (the 'Property').:
11.!, 1
For the above consideration Grantor quitclaims to Grantee all of Grantor's right, title, and Interest
lti I ,, in and to any portion of the Property, to have and to hold It to Grantee, Grantee's heirs, executors,
r!! administrators, successors, or 8seigns forever. Neither Grantor nor Grantor's heirs, executor$,
i'; administrators, successors, or assigns shall have, claim, or demand any right or title to the property or any
1" ! u ! ' part of it.
1. € I�'`�
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';1',; 'y' ;; QUITCLAIM DEED Page 1
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01/23/04 11:24 GARRETT ENGINEERING .- 9797643496 D03
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D oc Bk Vol P9 >i
861138550 OR 5749 1B5
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When the context requires, singular nouns and pronouns Inol de the pl , I,
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VALMEN H. SILVY- 1 i r I.
. ACKNOWLEOOMONT
THE STATE OF TEXAS 1
COUNTY OF BRAZOS l
This Instrument was acknowledged before me on jells the 2-5 day of November, 2003 by , I
NOVA J. SILVY and vALEEN H. SILVy. ' I � 41
p � 0 i uup ■
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AFTE REC RETURfFr ' 00S rv� g A R ► E it T t, p.C, W OFFICE OF:, , !/ � 1 ;,.,,
Charles A. Eelson P.0 +�n�u�wtV►t� 1
P.O. Box 10103 . ; air d a' ,',
College station, Texas 77842 Ca, A s�fi�or►�ext� . LLtlQ1' :r � . . l;' ,
File No. 05124.002
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01/23/04 11:25 GARRETT ENGINEERING -4 9797643495 D04
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MOORMAN, TATe. MQoRMAN & URQUHART
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WARRANTY DEED: BRAZOS COUNTY'S STEPPING STONE, INC. TO BENNIE J.
BIRD, ET UX _ pp
THE STATE OF TEXAS S
S KNOW-ALL [BEN BY THESE PRESENTS;
COUNTY OF BRAZOS S
That BRAZOS COUNTY'S STEPPING STONE, INC., of the County
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of Brazos, State of Texas, hereinafter called Grantor, for and in `c, 5'
consideration of the sum of TEN AND NO /100 ($10.00) DOLLARS,
cash, and other good and valuable considerations to Grantor in ; k 7
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hand paid and secured to be paid by BENNIE J. BIRD and wife,
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Grantees, the receipt of ,
DEBORAH A. .BIRD, hereinafter called
which is hereby acknowledged and confessed; and the additional i : ''
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sum of TWELVE THOUSAND FIVE HUNDRED AND NO /100 ($12,500.00) .
DOLLARS, cash to Grantor in hand paid by CITIZENS STATE BANK, f
SOMERVILLE, TEXAS, the receipt of_ which is'hereby acknowledged "p
and confessed; which said last mentioned sum has been paid to the .j. j
Grantor, at the special instance and request of the Grantees
herein, as evidence of which the said Grantees executed and
delivered one certain promissory note of even date herewith in
the sum of TWELVE THOUSAND FIVE HUNDRED AND NO /100 ($12,500.00)
DOLLARS, bearing interest at the rate of eleven and one -half
(11.5%) percent per annum, payable to the order of CITIZENS STATE
BANK, SOMERVILLE, TEXAS, at Somerville, Texas, said note.payable
in monthly installments of ONE HUNDRED FORTY SIX AND 02/100 ",
($146.02) DOLLARS, each, on principal and interest, the first of
such installments due and payable on or before the 15th day of
September, 1988, and a like installment due and payable on or f
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before the 15th day of each month thereafter until said note ie
fully paid; said note providing that default in the payment of
any installment when due, shall at the option of the holder of
such note mature said entire remaining balance and all
provisions of said note are made a part hereof as though written .
herein; said above described note is .secured by the vendor's lien
1' - h e r ein and hereby retained on the hereinafter described property; '
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01/23/04 11:26 GARRETT ENGINEERING i 9797643496 D05
and additionally secured by a Deed of Trust of even date herewith
delivered by Grantees naming E. B. FLENCHER, JR., Trustee, for
the use and benefit of the payee, owner and holder of said above
described note.
HAVE GRANTED, SOLD AND CONVEYED and by these
Y Presents DO
GRANT, SELL AND CONVEY unto the said BENNIE J. BIRD and wife, ;
1 DEBORAH A. BIRD, of Route 2, Box 266, Caldwell, Burleson County,
Texas, the following described property:
Being all that certain 5.00 acre tract or parcel of
land, lying and being situated in the ANDREW MCMAHON
SURVEY, A -167, Brazos County, Texas, and being part of
the called 41.96 acre Tract I and a portion of Tract
II, as described in the Deed from Douglas Roland
Royder, et ali, to Brazos County's Stepping Stone,
Inc., as recorded in Volume 614, Page 171, of the
Official Records of Brazos County, Texas, as more
fully described in Exhibit "A" attached hereto and
made a part hereof for all purposes pertinent.
This conveyance is executed by Grantor and accepted by
Grantees as being subject to the following:
1. A Right -of -Way from Douglas R. Royder, et al to
Wellborn Water Supply Corporation, dated August 9, 1971, recorded
in Volume 303, Page 348, Deed Records of Brazos County, Texas.
2. A Boundary Line Agreement dated October 26, 1978, by .
and between David Lawrence Alexander, et al to Douglas R. Royder,
et al, recorded in Volume 421, Page 754, Deed .Records of Brazos
County, Texas.
3. A Mineral Reservation in Deed from Douglas Roland
Royder, et al to Brazos County's Stepping Stone, Inc., dated
October 3, 1983, recorded in Volume 614, Page 171, Official
Records of Brazos County, Texas. hi
4. An Oil and Gas Lease from Douglas • R. Royder, to Getty
Oil Company, dated June 2, 1978, recorded in Volume 32, Page 509,
Oil and Gas Lease Records of Brazos County, Texas.
5. An Oil and. Gas. Lease from Foy B. Royder, to Getty Oil ! V
Company, dated June 9, 1978, recorded in volume 32, Page 686, Oil ?!i
and Gas Lease Records, of Brazos County, Texas.
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01/23/04 11:27 GARRETT ENGINEERING i 9797643496 P06
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6. An Oil and Gas Lease from J. L. Royder, to Getty Oil
Company, dated June 7, 1978, recorded. in Volume 32, Page 621, Oil
and Gas Lease Records of Brazos County, Texas.
7. An 011 and Gas Lease from .Marcella Houston, to Getty
i
Oil Company, dated June 22, 1978, recorded in Volume 33, Page 85,
Oil and Gas Lease Records of Brazos County, . Texas.
8. An 0£1 and Gas Lease from Douglas R. Royder, et ux to i i
Robin Investments, Inc., dated January 20, 1984, recorded in
Volume 643, Page 1, Official Records of Brazos County, Texas.
9. An 011 and Gas Lease from Joda L. Royder, to Robin
Investments, inc., dated January. 21, 1984, recorded in Volume
645, Page 589, Official Records of Brazos County, Texas.
10. An Oil and Gas Lease from Marguerite F. Royder, to
Robin Investments, Inc., dated January 21, 1984, recorded in .•ti
volume 645, Page 592, Official Records of Brazos. County, Texas.
,11. An Oil and Gas Lease from Thomas Harvey Royder, III, to
Robin Investments, Inc., dated January 21, 1984, . recorded in
Volume 645, Page 595, Official Records of Brazos County, Texas.
12. An Oil and Gas Lease from James Otis Royder, to Robin
Investments, Inc., dated January 21, 1984, recorded in Volume i
647, Page 554, Official Records of Brazos County, Texas.
i TO HAVE AND TO HOLD the above described premises, together ,
with all and singular the rights and appurtenances, thereto in
anywise belonging, unto the said BENNIE J. BIRD and wife, DEBORAH
A. BIRD, their heirs and assigns, forever; and it does hereby
bind itself, its successors and assigns to WARRANT AND FOREVER v ,
DEFEND, all and singular, the said premises unto the said BENNIE
J. BIRD and wife, DEBORAH A. BIRD, their heirs and assigns,
against every person whomsoever lawfully claiming or to claim the
same or any part thereof. .
But, it is expressly agreed and stipulated that the
vendor's lien is retained in favor of the holder of, the above
note, against the above described property, premises and
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01/23/04 11:27 GRRRETT ENGINEERING 4 9797643496 D07
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improvements, until the above described note and all interest
thereon is fully paid, according to its face, tenor, effect and
reading, when this Deed shall become absolute; and the vendor's
lien and the superior title are hereby transferred, assigned,
sold and conveyed to the CITIZENS STATE BANK, SOMERVILLE, TEXAS,
the payee named in said note, without recourse.
EXECUTED this the 17th day of August, 1988.
BRAZOS COUNTY'S STEPPING
STONE INC.
BY: (P IC
( cY(.. �....
THE STATE OF TEXAS
COUNTY OF
This instrument was a9Qknowledgpd before me on the day
Of August, 1988, by l!hd'i .1 , •/1ByC , 4514rif., r%n( <,rota i l
of BRAZOS COUNTY'S STEPPING STONE, .INC., a Texas corporation, on
behalf of said corporation.
U ?:C,� A ?� ^. `'t�ary -1 Pub ic, St e o Texas
c P; Notar I s name pr ed s
:nr { ;:y tio, My commission expires:
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VOL 1068PAV 6 -4 -
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01/23/84 11:28 GRRRETT ENGINEERING -> 9797643496 D08
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E X H I B I T "A"
Being all that certain 5.00 acre tract or parcel of land, lying and
• being situated in the ANDREW McMAHON SURVEY, Abstract No. 167, Brasov
County, Texas, and being part of the called 41.96 acre Tract I and a
portion of Tract II, as described in the deed from Douglas Roland
'Royder, et ali, to Brazos County's Stepping Stonet Inc., as recorded
in Volume 614, page 171, of the Official Records of Brazos County,
Texas, said portion of Tract II consists of the following: All of
Lots 1 through 5, Block 3, All of Lots 1 and 2 and part Of Lot 3,
Block 1, and part of the adjoining 80 foot right -of -way, according to
the plat of Wellborn recorded in Volume "Z ", page 8, and according to
the plat of Benjamin Graham Subdivision, recorded in Volume 12, page
394, of the Deed Records of Brazos County, Texas, and said 5.00 acre
tract being more particularly described as follows:
BEGINNING at the 1/2" iron rod found at a cross -tie fence corner
marking the most northerly southeast corner of the beforementioned
41.96 acre tract, same being the northernmost corner of the called
1,64 acre (1,05 actual) tract described in the deed to Nova Silvy, et
ux, as recorded in Volume 383, page 149, of the Deed Records of
Brazos County, Texas, and same being at the westerly corner of the
beforementioned platted 80 foot right - of - ways
THENCE S 42' 30' 33" W along the fenced southeasterly line of the
beforemenaioned 41.96 acre tract, for a distance of 49.56 feet to a
1/2" iron rod set;
THENCE N 47' 29' 27" W at a distance of 166.25 feet, pass a 1/2" iron .'
rod marking the east corner of the 18.0 acre tract described in the,
deed from Brazos County's Stepping Stone, Inc. to Nova Silvy, et ux,
as recorded in Volume 815, page 412, of the Official Records of
Brazos County, Texas, continue on along the northeast line of the
beforementioned 18.0 acre tract for a total distance of 505.30 feet j
to a 1/2" iron rod set;
THENCE through the interior of the beforementioned 41.96 acre Tract I
and the beforementioned Tract II as follows:
N 52' 24' 41" E for a distance of 304.20 feet to a 1/2" iron rod set, i
N 82' 38' 22" E at a distance of 86 feet, cross the west line of the
beforementioned 80 foot right -of -way, at a distance of 92 feet, pass
an overhead power line, at a distance of about 110 feet, cross the
easterly line of the 41.96 acre Tract I, continue on for a total
distance of 315.02 feet to a 1/2" iron rod set in the west
right -of -way line of the Southern Pacific Railroad (200 foot
right -of -way), same being in a curve concave to the east, having a •
radius of 5829,65 feet:
THENCE along the west right -of -way line of the Southern Pacific
Railroad and 100 feet west of the centerline of said railroad as
follows,
Southerly along said curve for an arc distance of 235.66 feet to a
1/2" iron rod 'Bret at the end of this curve, the chord bears $ 08' 31'
06" E 235.64 feet,
5 09' 40' 36" E for a distance of 254.34 feet to a 12" cedar post at
• the occupied southeast corner of the said Tract II, from which a 1/2" '
iron rod at the northeast corner of the beforementioned 1.05 acre
tract bears S 09' 40' 36" E 47.77 feet;
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THENCE 5 88' 08' 35" W along the fence found marking the south line
of the beforementioned Tract II, same being approximately along the "
center of the beforementioned platted 80 foot right -of -way, for a
distance of 230.10 feet to a cross -tie fence corner in or neer the
deed line of the beforementioned 41.96 acre tract:
THENCE 5 06 56' 53" E along the fenced portion of the east line of
the beforementioned 41.96 acre tract, for a distance of 39.89 feet to
the PLACE OF BEGINNING, containing 5.00 acres of land, more or less.
voL 1068 PAU 7 ;.