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SPECIAL WARRANTY DEED OF PARKLAND
THE STATE OF TEXAS § ', KNOW ALL N BY THESE .PRESENTS :, •. • :• -., . ,
COUNTY OF BRAZOS §
•
That we, W. D. FITCH, Individually, of Brazos County, Texas,
and YOUNG BROTHERS, INC., CONTRACTORS, a Texas corporation,
acting by and through its Vice President, A. P. Boyd, whose prin-
cipal office is in McLennan County, Texas, for and in considera-
#•
tion of TEN DOLLARS ($10.00), the receipt and sufficiency of
1 , r
1 which is hereby acknowledged and in compliance with the City of
College Station Ordinance No. 1265 dated January 22, 1981, requir-
ing the dedication of parkland by developers, have, subject to
the reservations from and exceptions to this conveyance listed
below, GRANTED, SOLD AND CONVEYED, and by these presents do
GRANT, SELL AND CONVEY unto THE CITY OF COLLEGE STATION, a Texas
home rule municipality, located in Brazos County, Texas, all of
the •following described real property in Brazos County, Texas,
to -wit:
All that certain 27.29 acre tract or parcel of land lying
and being situated in the S. W. Robertson Survey, Abstract
No. 202, in Brazos County, Texas, being a part of that 956.1
acre tract described in a deed to W. D. Fitch recorded in
Volume 703, Page 8 of the Official Records of Brazos County,
Texas, a part of that 172.81 acre tract described in a deed
to Area Progress Corporation recorded in Volume 822, Page
836 of the Official Records of Brazos County, Texas, and a
part of that 749.98 acre tract described in a deed to the
College Station Economic Development Foundation recorded in
Volume 894, Page 657 of the Official Records of Brazos
County, Texas, and being more particularly described by
metes and bounds in EXHIBIT "A" attached hereto and incorpo-
rated by reference herein;
( "Parkland Property" herein);
This conveyance is made and accepted subject to the follow-
ing reservations and exceptions:
1. Ad Valorem taxes for 1988 and subsequent year:. •.nc1
subsequent assessments for prior years.
2. Any and all valid and existing easements, restrictions,
rights of way, conditions, exceptions, reservations and
covenants of whatsoever nature of record, if any, and
SPECIAL WARRANTY DEED OF PARKLAND.
W. D. Fitch and Young Brothers, Inc.. Contractors
to The City of College Station
Page One of Four Pages
• also to the zoning laws and other restrictions, regula-
tions, ordinances and statutes of municipal or other
governmental authorities applicable to and enforceable
against the described premises.
3. For Grantors and Grantors' successors a reservation of
the right to use the Parkland Property as a route for a
major street or boulevard and /or street crossings as
Grantors, their successors or assigns, may, in their
sole and absolute discretion deem necessary for the
overall development of surrounding.property. Provided,
however, Grantors, for themselves, their successors or
assigns, covenant and agree that if the Parkland Proper-
ty is used for a major street or boulevard, Grantors,
their successors or assigns, shall, if necessary,
convey to the CITY OF COLLEGE STATION additional proper-
ty parallel, adjacent, and contiguous to the Parkland
Property in an amount necessary for a pedestrian walk-
way, which pedestrian walkway shall be constructed by
the CITY OF COLLEGE STATION. Grantors, for themselves
and their successors or assigns, further covenant and
agree that if the Parkland Property is used for a
street crossing, the street crossing shall be construct-
ed in a manner which does not prevent the use of the
Parkland' Property as a pedestrian walkway.
CITY OF COLLEGE STATION, covenants and agrees to accept the
conveyance of the Parkland Property in satisfaction of the
requirements imposed by City of College Station Ordinance No.
1265, as amended from time to time, and waives any and all vari-
ances from the specific requirements of such ordinance. CITY OF
COLLEGE STATION further covenants and agrees that the Grantors,
their successors or assigns, shall be entitled to a credit
gain-st future arkland d icatLpn require City of CQl, e,g.e
Station Ordinance No. 125 ,,,,,,axp.g„ns e_d f ,om t � a to time in an
amount e•ual to three thousand six hundred thirty G'3,63Qj
dwelling units.
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 Grantee, its executors, admini-
strators and assigns forever; and we do hereby bind ourselves,
our heirs, executors and administrators to WARRANT AND FOREVER
DEFEND all and singular the said premises unto the said Grantee,
its heirs and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through n.r
SPECIAL WARRANTY DEED OF PARKLAND
W. D. Fitch and Young .Brothers, Inc., Contractors
to The City of College Station
Page Two of Four Pages
1 .[J! ) C)rr 4 0 i ,
under us, but not otherwise.
EXECUTED this Q "day of February, 1988.
g.
i
W. D. FITCH
YOUNG BROTHERS, INC.,, CONTRACTORS
. BY Gj� # LJ'
A. P. BOYD, i /President
Mailing address of Grantee:
City of College Station
1101 S. Texas Avenue
College Station, Texas 77840
(Acknowledgement)
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the \ day
of February, 1988, by W. D. FITCH.
• Notary Publi*cs, State of Texas
• Notary's Printed Name:
•
.SEAL My Commiss'i'on Expires: • \a ��
(Corporate Acknowledgement)
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the day
of February, 1988, by A. P. BOYD, Vice President of YOUNG
BROTHERS, INC., CONTRACTORS, a Texas corporation, on behalf of
said ,corporation.
Notary PubLid';5 State of Texas
Notary's Printed Name:
SE4' My Commiss'i'on Expires: r\.\
AGREED AND ACCEPTED:
ATTEST:. CITY OF COLLEGE STATION:
BY •1. w-
.
S -Cret� LARK' R.' G � May•ei
SPECIAL WARRANTY DEED OF PARKLAND
W. D. Fitch and Young Brothers, Inc., Contractors
to The City of College Station
Page Three of Four Pages
•
EXHIBIT A TO SPECIAL WARRANTY DEED OF PARKLAND
FROM W. D. FITCH AND YOUNG BROTHERS, INC.,.CONTRACTORS,
TO CITY OF COLLEGE STATION
"PARKLAND PROP$RTY"
All that certain tract or parcel of land lying and being situated
in the S.W. Robertson Survey, Abstract No. 202, in Brazos County,
Texas, being a part of that 956.1 acre tract conveyed to W.D.
Fitch by deed recorded in Volume 703, Page _„S of the Official
Records of Brazos County, Texas, a part of that 172.81 acre tract
conveyed to Area Progress Corporation by deed recorded in Volume
822 Page 6 of the Official Records of Brazos County, Texas,
and a part of that 749.98 acre tract conveyed to the College
Station Economic Development Foundation by deed recorded in
Volume 894, Pa a 657 of the Official Records of Brazos County,
Texas, and bei more particularly described as follows:
Beginning at the intersection of the southeast line of Green's
Prairie Road and the southwest line of the said College Station
Economic Development Foundation tract at the most northerly
corner of the said W.D. Fitch tract which is also the most
northerly corner of the said Area Progress Corporation tract.
Thence S 41° 52' 23" W - 81.85 feet along the southeast line of
Green's Prairie Road to the most westerly corner of the Exxon
Pipeline Company easement described by Amendment of Easement
recorded in v0 lume 9 o Paces 149 a d 152 of the Official Records
of Brazos County, Texas;
Thence S 39° 34' 29" E - 7218.35 feet along the southwest line of
the said Exxon Pipeline Company easement to the south corner of
same in the south line, of the said W.D. Fitch tract;
Thence N 86° 47' 41' E - 100.50 feet along the south line of the
said W.D. Fitch tract to the most easterly corner of same;
Thence N 39° 34' 29" W - 248.48 feet along the northeast line of
the said W.D. Fitch tract to the south corner of the said College
Station Economic Development Foundation tract;
Thence N 86° 49' 29" E - 105.57 feet along the south line of the
said College Station Economic Development Foundation tract to the
northeast line of the Gulf States Utilities Company 100 foot
easement described in vg; +"„ , 3 2a °s^° 4Q6 .- B'a`Qe
152 of the Deed Records of Brazos County, Texas;
Thence N 39° 34' 29" W - 7,117.07 feet along the northeast line
of the said Gulf States Utilities Company easement to the
southeast line of Green's Prairie Road;
Thence S 41° 52' 23" W - 85.91 feet along the southeast line of
Gr S Prairie Road to the Point of Beginning and containing
27.29= acres of land more or less.
SPECIAL WARRANTY DEED OF PARKLAND
W. D. Fitch and Young Brothers, Inc., Contractors
to The City of College Station
Page Four of Four Pages
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