HomeMy WebLinkAboutEASEMENT APPLICATION EASEMENT DEDICATION SHEET
To be filled in and submitted with construction plans and specifications for preliminary review
(Not to be used where City is purchasing property)
THIS SECTION TO BE COMPLETED BY CITY STAFF
PROCESSED BY: DEPT. EXT.
REQUESTED BY: DEPT. EXT.
ACCOUNT NO. PROJECT NO.
(For ordering title work, appraisals, etc.)
TYPE OF EASEMENT:
Public Utilities (PUE) Temporary Blanket PUE Electric Only
(prior to building permit) Water Only
PURPOSE FOR EASEMENT:
REVIEW AND APPROVAL REQUIRED /GIVEN BY THE FOLLOWING DEPARTMENTS:
Approval Required By: Electric Approval Given By: Electric
(please initial) Water/WW (please initial) WaterAlVW
Asst. City Engineer Asst. City Engineer
Public Works Public Works
METES & BOUNDS DESCRIPTION CHECKED FOR CLOSURE BY:
(City Staff — Name/Dept.)
THIS SECTION TO BE COMPLETED B APPLICANT ,�
PROPERTY OWNER(S): ` , 1 (JCS. K-�W 1
(Names must be exactly as they appear on the deed)
ADDRESS: S O ftl.(Il e-LOC i/AA/ PHONE NUMBER: Ccl icj (0 — 7-7 g i
C.tf 1-Q.. a << Tx - ii 4 nn b c j
ALL LENDERS (Please fumish copies of all lien documents): I -e)CGS J l L. - 1 C 2. L. 16 • ' ► tu �&
(Names and Addresses) _
IF OWNER IS A CORPORATION, PARTNERSHIP, OR JOINT VENTURE (also see #5 below):
1. State of Incorporation /Registration
2. Partners' Names (if applicable)
3. Person Authorized to Sign
(Name and Title)
LEGAL DEPARTMENT MUST BE PROVIDED WITH THE FOLLOWING:
(Please check items that are attached)
V 1. A copy of a recent (within 90 days) deed or title insurance policy showing the names of the grantors/owners; and
il■ 2. For unplatted property, a signed, sealed and dated metes and bounds description and a diagram of the property showing
the location of the easement; or
3. For platted property, a copy of the plat showing the lot, block, subdivision, and recording information.
4. For blanket easements, a signed, sealed and dated metes and bounds description and a diagram of the property.
5. Corporate or partnership owners must furnish a copy of a corporate resolution or other proof of authority to sign on behalf of
the corporation, partnership, or joint venture.
/ 6. Name, address and phone number of person who is to receive the easement and be responsible for getting it executed:
1.0,.`" ,_. • • a.i, ' 1x '1 554(o - 11 %1
Brazos County Abstract Company
"More Than 125 Years of Title Service"
P.O. Box 4704 Phone: (979) 260 -9728 418 Tarrow
Bryan, TX 77805 -4704 Facsimile: (979) 779 -7979 College Station, TX 77840 -1822
E -mail: bcac@bcactg.com
February 17, 2004
Mr. and Mrs. Clayton Rhoades
801 Earl Rudder Freeway
College Station, TX 77840
Re: Gateway Carwash Partners, LTD et al to Clayton Rhoades et ux;
Tract One: Lot 2RD, Block 1, THE GATEWAY,
Tract Two: Lot 2RE, Block 1, THE GATEWAY SUBDIVISION,
Tract Three: A non - exclusive, perpetual easement for surface water drainage on, over and
across Lot 1, Block 1, THE GATEWAY SUBDIVISION, PHASE 1,
Tract Four: A non - exclusive, perpetual easement for surface water drainage on, over and
across those portions of Lot 1 and Lot 4, Block 1, THE GATEWAY SUBDIVISION, PHASE
1, College Station, Brazos County, Texas
Dear Mr. and Mrs. Rhoades,
Thank you for allowing Brazos County Abstract Company to assist with your title insurance and closing
needs. Pursuant to Paragraph Six (6) of the Earnest Money Contract, we are enclosing copy of the
commitment for the Title Insurance and copies of restrictive covenants and documents evidencing
exception to title. Please feel free to call if additional information is needed.
Also, please bear in mind that The State Board of Insurance requires title companies to accept only
cashiers' checks, wire transfers or other limited forms of "good funds" for closing costs over $1,500.00;
personal checks are not to be accepted for that purpose. A photo identification, such as a driver's
license, will need to be available at time of closing.
Our goal is to provide our customers with complete and courteous service before, during, and even
after the closing of the transaction. Therefore, we encourage you to contact our closing department
with any questions or concerns you may have. We look forward to working with you.
Thanks again for allowing us to be of service to you.
Best regards,
BRAZOS COUNTY ABSTRACT COMPANY
c Ii(4
Linda Morgan
Vice President
LAM /tmp
Enclosures
GF# 140474
COMMITMENT FOR TITLE INSURANCE
Issued by Commonwealth Land Title Insurance Company
L andAmerica Commonwealth Land Title Insurance Company is a member of the LandAmenca family of title insurance underwriters.
Commonwealth
THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE
POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS
COUNTERSIGNED BELOW.
We Commonwealth Land Title Insurance Company will issue our title insurance policy or policies (the Policy) to
You (the proposed insured) upon payment of the premium and other charges due, and compliance with the
requirements in Schedule B and Schedule C. Our Policy will be in the form approved by the Texas Department of
Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated
premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges
such as recording fees, and expedited delivery expenses.
This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to
issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and
end when this Commitment expires.
IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate
name and seal to be hereunto affixed by its duly authorized officers, the Commitment to become valid when
countersigned by an authorized officer or agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Dated: J-
a.
��� i1T(F By: a . c42.0_,
Countersigned: 9 President
BRAZOS COUNTY ABSTRACT COMPANY
'S n Attest:
_ sp� 4'03II01 �o a Secretary
Authorized Officer or Agent
Commitment for Title Insurance —T-7
Page One —Texas (Rev. 10/1/97)
Form 1177 -1
(' PU INAI
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE A
Effective Date: February 9, 2004 at 8:00 AM File No.: 140474
Commitment issued February 11, 2004
1. POLICY OR POLICIES TO BE ISSUED ARE:
(a) OWNER POLICY OF TITLE INSURANCE (Form T -1)
(Not applicable for improved one- to-four family residential real estate)
POLICY AMOUNT: TO BE DETERMINED
PROPOSED INSURED: CLAYTON RHOADES and wife, JANA RHOADES (Tract One)
(b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
-- ONE -TO -FOUR FAMILY RESIDENCES (Form T -1 R)
POLICY AMOUNT:
PROPOSED INSURED:
(c) MORTGAGEE POLICY OF TITLE INSURANCE (Form T -2)
POLICY AMOUNT: $520,750.00
PROPOSED INSURED: TEXAS BANK
PROPOSED BORROWER: CLAYTON RHOADES and wife, JANA RHOADES
(d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE
(Form T -2R)
POLICY AMOUNT:
PROPOSED INSURED:
PROPOSED BORROWER:
(e) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T -13)
POLICY AMOUNT:
PROPOSED INSURED:
PROPOSED BORROWER:
(f) OTHER
POLICY AMOUNT:
PROPOSED INSURED:
2. THE INTEREST IN THE LAND COVERED BY THIS COMMITMENT IS:
FEE SIMPLE: TRACTS ONE AND.TWO
EASEMENT ESTATE: TRACTS THREE AND FOUR
3 RECORD TITLE TO THE LAND ON THE EFFECTIVE DATE APPEARS TO BE VESTED IN:
GATEWAY CARWASH PARTNERS, LTD as to Tract One; and CLAYTON RHOADES and wife,
JANA RHOADES as to Tract Two.
BRAZOS COUNTY ABSTRACT COMPANY
uthorized Signature
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE A File No. 140474
(Continued)
4. LEGAL DESCRIPTION OF THE LAND:
TRACT ONE:
Being all that certain lot, tract or parcel of land Tying and being situated in Brazos County, Texas and
being Lot Two RD (2RD), Block One (1), THE GATEWAY, an addition to the City of College Station,
Texas, according to replat recorded in Volume 5722, page 162, Official Records of Brazos County,
Texas.
TOGETHER WITH a perpetual, non - exclusive (thirty') foot easement and right -of -way for the purpose of
providing pedestrian, car and light truck ingress and egress over and across the southemmost thirty
(30') feet of Lots 2RA and 2RC from the southeastem comer of Lot 2RC and extending and connecting
to the easement designated on the replat as a 30' private access and public utility easement established
in Volume 3663, page 313, Official Records of Brazos County, Texas.
TRACT TWO:
Being all that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas and
being Lot Two-RE (2RE), Block One (1), GATEWAY SUBDIVISION, an addition to the City of College
Station, Texas, according to replat recorded in Volume 5390, page 294, Official Records of Brazos
County, Texas.
TOGETHER WITH a perpetual, non - exclusive thirty (30') foot easement and right -of -way for the purpose
of providing pedestrian, car and light truck ingress and egress over and across the southemmost thirty
(30') feet of Lots 2RA and 2RC from the southeastern comer of Lot 2RC and extending and connecting
to the easement designated on the replat as a 30' private access and public utility easement established
in Volume 3663, page 313, Official Records of Brazos County, Texas.
TRACT THREE:
A non - exclusive, perpetual easement for surface water drainage on, over and across Lot 1, Block One
of THE GATEWAY, PHASE I, as set forth in Deed from Delmar Baronhead I, Ltd. to CSI Associates,
dated December 21, 1999, recorded in Volume 3694, page 79, Official Records of Brazos County,
Texas.
TRACT FOUR:
A non - exclusive, perpetual easement on, over and across those portions of Lot 1 and Lot 4, Block One
of THE GATEWAY PHASE I, which are not occupied by buildings from time to time for the purposes of
vehicular and pedestrian ingress, egress and passage to and from the Property and the adjoining public
roads and ways, including, without limitation, ingress and egress to University Drive as set forth in Deed
from Delmar Baronhead I, Ltd. to CSI Associates, dated December 21, 1999, recorded in Volume 3694,
page 79, Official Records of Brazos County, Texas.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE B File No. 140474
EXCEPTIONS FROM COVERAGE
IN ADDITION TO THE EXCLUSIONS AND CONDITIONS AND STIPULATIONS, YOUR POLICY WILL
NOT COVER LOSS, COSTS, ATTORNEY'S FEES, AND EXPENSES RESULTING FROM:
1. THE FOLLOWING RESTRICTIVE COVENANTS OF RECORD ITEMIZED BELOW (WE MUST
EITHER INSERT SPECIFIC RECORDING DATA OR DELETE THIS EXCEPTION):
Terms, provisions, covenants, conditions, and restrictions, easements, charges, assessments and liens
provided in the Covenants, Conditions and Restrictions recorded in (Lot 2RE only) Volume 5416, page
30, Official Records of Brazos County, Texas, but omitting any covenant, condition or restrictions, if
any, based on race, color, religion, sex, handicap, familial status or national origin unless and only to
the extent that the covenant, condition or restrictions (a) is exempt under Title 42 of the United States
Code, or (b) related to handicap, but does not discriminate against handicapped persons.
2. ANY DISCREPANCIES, CONFLICTS, OR SHORTAGES IN AREA OR BOUNDARY LINES, OR ANY
ENCROACHMENTS OR PROTRUSIONS, OR ANY OVERLAPPING OF IMPROVEMENTS.
3. HOMESTEAD OR COMMUNITY PROPERTY OR SURVIVORSHIP RIGHTS, IF ANY, OF ANY
SPOUSE OF ANY INSURED. (APPLIES TO THE OWNER POLICY ONLY.)
4. ANY TITLES OR RIGHTS ASSERTED BY ANYONE, INCLUDING, BUT NOT LIMITED TO,
PERSONS, THE PUBLIC, CORPORATIONS, GOVERNMENTS OR OTHER ENTITIES.
A. TO TIDELANDS, OR LANDS COMPRISING THE SHORES OR BEDS OF NAVIGABLE OR
PERENNIAL RIVERS AND STREAMS, LAKES, BAYS, GULFS OR OCEANS, OR
B. TO LANDS BEYOND THE LINE OF THE HARBOR OR BULKHEAD LINES AS ESTABLISHED OR
CHANGED BY ANY GOVERNMENT, OR
C. TO FILLED -IN LANDS, OR ARTIFICIAL ISLANDS, OR
D. TO STATUTORY WATER RIGHTS, INCLUDING RIPARIAN RIGHTS, OR
E. TO THE AREA EXTENDING FROM THE LINE OF MEAN LOW TIDE TO THE LINE OF
VEGETATION, OR THE RIGHTS OF ACCESS TO THAT AREA OR EASEMENT ALONG AND
ACROSS THAT AREA.
(APPLIES TO THE OWNER POLICY ONLY.)
5. STANDBY FEES, TAXES AND ASSESSMENTS BY ANY TAXING AUTHORITY FOR THE YEAR 2004,
AND SUBSEQUENT YEARS; AND SUBSEQUENT TAXES AND ASSESSMENTS BY ANY TAXING
AUTHORITY FOR PRIOR YEARS DUE TO CHANGE IN LAND USAGE OR OWNERSHIP, BUT NOT
THOSE TAXES OR 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. (IF TEXAS SHORT
FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (T -2R) IS ISSUED, THAT
POLICY WILL SUBSTITUTE "WHICH BECOME DUE AND PAYABLE SUBSEQUENT TO DATE OF
POLICY" IN LIEU OF "FOR THE YEAR 2003 AND SUBSEQUENT YEARS. ")
6. THE TERMS AND CONDITIONS OF THE DOCUMENTS CREATING YOUR INTEREST IN THE LAND.
7. MATERIALS FURNISHED OR LABOR PERFORMED IN CONNECTION WITH PLANNED
CONSTRUCTION BEFORE SIGNING AND DELIVERING THE LIEN DOCUMENT DESCRIBED IN
SCHEDULE A, IF THE LAND IS PART OF THE HOMESTEAD OF THE OWNER. (APPLIES TO THE
MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN ONLY, AND MAY BE
DELETED IF SATISFACTORY EVIDENCE IS PROVIDED TO US BEFORE A BINDER IS ISSUED.)
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE B File No. 140474
(Continued)
8. LIENS AND LEASES THAT AFFECT THE TITLE TO THE LAND, BUT THAT ARE SUBORDINATE TO
THE LIEN OF THE INSURED MORTGAGE. (APPLIES TO MORTGAGEE POLICY (T -2) ONLY.)
9. THE EXCEPTIONS FROM COVERAGE AND EXPRESS INSURANCE IN SCHEDULE B OF THE
TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (T -2R).
(APPLIES TO TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE
(T -2R) ONLY. SEPARATE EXCEPTIONS 1 THROUGH 8 OF THIS SCHEDULE B DO NOT APPLY TO
THE TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE (T -2R).
10. THE FOLLOWING MATTERS AND ALL TERMS OF THE DOCUMENTS CREATING OR OFFERING
EVIDENCE OF THE MATTERS (WE MUST INSERT MATTERS OR DELETE THIS EXCEPTION.):
a. Rights of Parties in Possession. (Owner Policy Only)
b. Easements, or claims of easements, which are not recorded in the public records. (Owner Policy
Only)
c. Easements and as shown of record on replat of Gateway Subdivision, recorded in Volume 5722,
page 162, Official Records of Brazos County, Texas. (Tracts One and Two)
d. Easements as shown of record on plat of The Gateway, Phase 1, recorded in Volume 3663, page
313, Official Records of Brazos County, Texas. (Tract Three)
e. Easements as shown of record on amending plat of The Gateway, Phase 1, recorded in Volume
3758, page 277, Official Records of Brazos County, Texas. (Tract Four)
f. Easement from H.P. Dansby Estate to City of Bryan, dated April 20, 1937, recorded in Volume 94,
page 199, Deed Records of Brazos County, Texas.
g. 30' easement and right -of -way retained in Deed from CSI Associates to Gateway Carwash Partners,
LTD., dated June 27, 2003, recorded in Volume 5416, page 34, Official Records of Brazos County,
Texas. (Tract One)
h. 30' easement and right -of -way retained in Deed from CSI Associates to Clayton Rhoades, et ux.,
dated June 27, 2003, recorded in Volume 5416, page 30, Official Records of Brazos County, Texas.
(Tract Two)
i. Certain fill rights along the boundary of the adjoining 50.069.4 square foot tract formerly owned by
Humble Oil & Refining Company covering a strip approximately 15 feet wide as set out in the Deed
from F.W. Bert Wheeler, Trustee to Humble Oil & Refining Company, dated December 23, 1971,
recorded in Volume 300, page 108, Deed Records of Brazos County, Texas.
j. 15' easement around the boundary of the 1.15 acre tract formerly owned by Humble Oil & Refining
Company as set out in the Deed from F.W. Bert Wheeler, Trustee to North American Enterprises,
Inc., dated June 27, 1979, recorded in Volume 427, page 188, Deed Records of Brazos County,
Texas.
k. Declaration Of Easement executed by Delmar Baronhead I, Ltd., dated April 1, 1999, recorded in
Volume 3542, page 324, Official Records of Brazos County, Texas. (Tracts Three and Four)
I. Reservation of a non - exclusive easement for surface water drainage on, over and across the
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE B File No. 140474
(Continued)
property in Deed from Delmar Baronhead I, Ltd. to CSI Associates, dated December 21, 1999,
recorded in Volume 3694, page 79, Official Records of Brazos County, Texas. (Tracts One and Two)
m. Reservation of a non - exclusive, perpetual easement for the purposes of vehicular and pedestrian
ingress and egress and passage to and from adjoining lands and adjoining public roads and ways,
on, over and across the property in Deed from Delmar Baronhead I, Ltd. to CSI Associates, dated
December 21, 1999, recorded in Volume 3694, page 79, Official Records of Brazos County, Texas.
(Tracts One and Two)
n. Terms, conditions and stipulations pertaining to easement rights as set out in deed from CSI
Associates to Gateway Carwash Partners, Ltd., dated July 2, 2003, recorded in Volume 5416, page
34, Official Records of Brazos County, Texas. (Tract One)
o. Terms, conditions and stipulations pertaining to : easement rights as set out in deed from CSI
Associates to Clayton Rhoades, et ux, dated June 27, 2003, recorded in Volume 5416, page 30,
Official Records of Brazos County, Texas. (Tract Two)
p. Mineral reservation in Deed from CSI Associates to Delmar Baronhead I, Ltd., dated September 30,
1998, recorded in Volume 3272, page 63, Official Records of Brazos County, Texas. Title to this
reservation has not been traced subsequent to the date of the above -cited instrument. (Tract One)
q. Estate created by Oil and Gas Lease from CSI Associates to INCO Oil Corporation, dated February
13, 1992, recorded in Volume 1520, page 157, Official Records of Brazos County, Texas. Title to
this lease has not been traced subsequent to the date of the above -cited instrument.
r. All oil, gas and other minerals in and under the herein described property, together with any rights of
ingress and egress, mining or drilling privileges heretofore reserved or conveyed by predecessors in
title. There is expressly excluded from coverage hereunder, and this Company does not insure, title
to oil, gas and other minerals of every kind and character, in, on and under the property herein
described.
s. The Tax Certificate furnished by the taxing authorities is issued on real estate only. It does not
include minerals and /or personal property, therefore, no liability is assumed herein for the payment
of said mineral and /or personal property tax.
NOTE: FOR INFORMATION ONLY: Lender's File /Loan /Reference Number is TO BE DETERMINED.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE C File No. 140474
YOUR POLICY WILL NOT COVER LOSS, COSTS, ATTORNEY'S FEES, AND EXPENSES RESULTING
FROM THE FOLLOWING REQUIREMENTS THAT WILL APPEAR AS EXCEPTIONS IN SCHEDULE B OF
THE POLICY, UNLESS YOU DISPOSE OF THESE MATTERS TO OUR SATISFACTION, BEFORE THE
DATE THE POLICY IS ISSUED:
1. DOCUMENTS CREATING YOUR TITLE OR INTEREST MUST BE APPROVED BY US AND MUST
BE SIGNED, NOTARIZED AND FILED FOR RECORD.
2. SATISFACTORY EVIDENCE MUST BE PROVIDED THAT:
—NO PERSON OCCUPYING THE LAND CLAIMS ANY INTEREST IN THAT LAND AGAINST THE
PERSONS NAMED IN PARAGRAPH 3 OF SCHEDULE A,
—ALL STANDBY FEES, TAXES, ASSESSMENTS AND CHARGES AGAINST THE PROPERTY
HAVE BEEN PAID,
—ALL IMPROVEMENTS OR REPAIRS TO THE PROPERTY ARE COMPLETED AND ACCEPTED
BY THE OWNER, AND THAT ALL CONTRACTORS, SUB - CONTRACTORS, LABORERS AND
SUPPLIERS HAVE BEEN FULLY PAID, AND THAT NO MECHANIC'S, LABORER'S LIENS OR
MATERIALMAN'S LIENS HAVE ATTACHED TO THE PROPERTY,
—(ON A MORTGAGEE'S POLICY ONLY) RESTRICTIONS HAVE NOT BEEN AND WILL NOT BE
VIOLATED THAT AFFECT THE VALIDITY AND PRIORITY OF THE INSURED MORTGAGE.
3. THERE IS LEGAL RIGHT OF ACCESS TO AND FROM THE LAND,
4. YOU MUST PAY THE SELLER OR BORROWER THE AGREED AMOUNT FOR YOUR PROPERTY
OR INTEREST.
5. ANY DEFECT, LIEN OR OTHER MATTER THAT MAY AFFECT TITLE TO THE LAND OR INTEREST
INSURED, THAT ARISES OR IS FILED AFTER THE EFFECTIVE DATE OF THIS COMMITMENT.
6. Deed of Trust dated June 27, 2003, executed by Gateway Carwash Partners, Ltd.. to Ben Hayes Riggs,
Trustee for the benefit of Compass Bank, in the principal amount of $306,035.13, recorded in Volume
5416, page 38, Official Records of Brazos County, Texas. (Note: Partial Release recorded in Vol. 5656,
pg. 296, OR) (Tract One)
7. Deed of Trust And Security Agreement (Second Lien) dated September 25, 2003, executed by
Gateway Carwash Partners, Ltd., a Texas limited partnership to Ben Hayes Riggs, Trustee for the
benefit of Compass Bank, in the principal amount of $525,000.00, recorded in Volume 5641, page 104,
Official Records of Brazos County, Texas. (Tract One)
8. Company will require Ratification of Plat to be executed by Compass Bank. (Tract One)
9. Company requires a copy of a sufficient portion of the Partnership Agreement of Gateway Carwash
Partners, Ltd. to determine who has the authority to act on behalf of said partnership. Company
reserves the right to make additional requirements on Schedule C after reviewing said copy.
10. Company will require tax certificates on the subject property showing all taxes paid up to and including
the year 2003.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE C File No. 140474
(Continued)
11. Company will require a properly executed Waiver of Inspection.
12. Company will require a properly executed Affidavit as to debts and liens.
13. "The title insurance policy being issued to you contains an Arbitration Provision. It allows you or the
Company to require arbitration if the amount of Insurance is $1,000,000 or less. If you want to retain
your right to sue the Company in case of a dispute over a claim, you must request deletion of the
Arbitration Provision before the policy is issued. If you are the purchaser in the transaction and elect
deletion of the Arbitration Provision, a form will be presented to you at closing for execution. If you are
the lender in the transaction and desire deletion of the Arbitration Provision, please inform us through
your Closing Instructions."
SCHEDULE D
1. Commonwealth Land Title Insurance Company is a wholly owned subsidiary of LandAmerica Financial Group, Inc., a
Virginia Corporation whose securities are publicly traded on the New York Stock Exchange.
Commonwealth Land Title Insurance Company's officers and directors are as follows:
OFFICERS DIRECTORS
Charles H. Foster, Jr., Chairman & Chief Executive Officer Janet A. Alpert
Janet A. Alpert, President Theodore L. Chandler, Jr.
Ronald B. Ramos, Treasurer G. William Evans
Wm. Chadwick Perrine, Secretary Charles H. Foster, Jr.
Kenneth Astheimer, Executive Vice President Russell W. Jordan, III
John M. Carter, Executive Vice President John P. Rapp
Theodore L. Chandler, Jr., Sr. Executive Vice President Jeffrey C. Selby
G. William Evans, Executive Vice President
Russell W. Jordan, III, Executive Vice President
David W. Koshork, Executive Vice President
John M. Obzud, Executive Vice President
Karen L. Schmidt, Executive Vice President
Jeffrey C. Selby, Executive Vice President
Donald C. Weigel, Executive Vice President
Stephen P. Veltri, Executive Vice President
Jeffrey D. Vaughan, Executive Vice President
2. The following disclosures are made by the Title Insurance Agent issuing this commitment pursuant to Rule P -21:
BRAZOS COUNTY ABSTRACT COMPANY
SHAREHOLDERS DIRECTORS OFFICERS
Tom Giesenschlag Tom Giesenschlag Tom Giesenschlag, President
Diane C. Ganzer Diane Ganzer Diane Ganzer, Secretary
June Van Etten June Van Etten, Vice President
Linda Morgan Linda Morgan, Vice President
3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which
this commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person,
firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement
statement.
You are further advised that the estimated title premium* is: Owners Policy $To Be Determined
Mortgagee Policy $ 100.00
Endorsement Charges $
Total $
Of this amount: 15.00% will be paid to the policy issuing Title Insurance Company; 85.00% will be retained by the issuing
Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows:
Amount To Whom For Services
$/%
$/%
* The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final
determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by
the State Board of Insurance.
•
TEXAS TITLE INSURANCE INFORMATION
Title insurance insures you against Toss resulting from certain El seguro de titulo le asegura en relacidn a perdidas
risks to your title. resultantes de ciertos riesgos que pueden afectar el tftuto de
su propiedad.
The Commitment for Title Insurance is the title insurance
company's promise to issue the title insurance policy. The El Compromiso para Seguro de Titulo es la promesa de la
Commitment is a legal document. You should review it compania aseguradora de tftulos de emitir la poliza de
carefully to completely understand it before your closing date. seguro de titulo. El Compromiso es un documento legal.
Usted debe leerlo cuidadosamente y entenderlo
completamente antes de la fecha para finalizar su
transaccion.
Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of
your title. It is a contract to issue you a policy subject to the Commitments terms and requirements.
Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the Title Insurance
Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that
determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy.
Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as
Exclusions. These risks will not be covered by the Policy.
Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met.
Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You
may want to discuss any matters shown in Schedules B and C of the Commitment with an attomey. These matters will affect
your title and your use of the land.
When your Policy is issued, the coverage will be limited by the Policy's Exceptions, Exclusions and Conditions, defined below.
- EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are
shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply
with the Conditions section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the
Policy.
- EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not
shown or discussed in the Commitment.
- CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities
and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The
Policy Conditions are not the same as the Commitment Conditions.
You can get a copy of the policy form approved by the State Board of Insurance by calling the Title Insurance Company at
1- 800 -925 -0965 or by calling the title insurance agent that issued the Commitment. The State Board of Insurance may revise
the policy form from time to time.
You can also get a brochure that explains the policy from the Texas Department of Insurance by calling 1- 800 - 252 -3439.
Before the Policy is issued, you may request changes in the policy. Some of the changes to consider are:
- Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you
must furnish a survey or comply with other requirements of the Company. On the Owner Policy, you must pay an
additional premium for the amendment. If the survey is acceptable to the Company and if the Company's other
requirements are met, your Policy will insure you against loss because of discrepancies or conflicts in boundary lines,
encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against
specific boundary or survey problems by making special exceptions in the Policy. Whether or not you request
amendment of the area and boundary" exception, you should determine whether you want to purchase and review a
survey if a survey is not being provided to you.
- Allow the Company to add an exception to "rights of parties in possession." If you refuse this exception, the Company
or the title insurance agent may inspect the property. The Company may except to and not insure you against the
rights of specific persons, such as renters, adverse owners or easement holders who occupy the land. The Company
may charge you for the inspection. If you want to make your own inspection, you must sign a Waiver of Inspection
form and allow the Company to add this exception to your Policy.
The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you
want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement.
Texas Title Insurance Information
Form 1177 -8 (04/04/02) ORIGINAL
069138;
DECLARA11ON OF EASEMENT,
i .. .. ' I t
, .
THIS DECLARATION OF EAS *(tlds "Declaration") is made as of the 1st day of
April, 1999, by DELMAR BARONHEADI, I,
, a Texas limited partnership ("Declarant")
s . '
WITN.ESSETH:
)
WHEREAS, Declarant owns apprendmat - 26.13 Contigtrout acres of land situated in the
City of CoPege Station, Brazos CountyiTexa u • particularly described by metes and bounds
in gxhibit "A" attached hereto and made tr-v . -. f ,"Prope!ty"):
WFIEREAS, from time to time the 4• or ..1. ns thereof may hereafter be subdivided
• . - *.r. P
into and conveyed as several lots or p - ech
a such ot or parcel being referred to herein as a ‘'
"Parcel," or collectively as the "Parcels"; . '
. ,
NOW, THEREFORE, Dedartintdoes hereby designate and establish the easements described
herein and the covenants set forth herein for the benefit oldie owners of the Parcels or any portion
thereof, and their respective successors and,* -_, to Witii, i
I. Easement. : 1
AIMUISSMItill• -- - OM to the owners of the Parcels and their
respective successot s and assigns, a no , r , . - . , i easement (the "Easemen(") on, over and
acrou that portion of the Property d - - .1 - • 'i., ; " attached hereto and made a part hereof
(the "Easement Tract") for the purpose of • ,`•A - ":4dir and pedestrian access to and from the
Parcels and egress and ingress to and front , - . Mirk, 'Add:tonally, the owners of the Parcels
may each grant non-occlusive permission to their respectlye tenants, licensees, employees, agents.
guests and invitees to use the Easement for itch putposet but such permission shall not vest in any
person any interest in all or any part of the Earl Trait4 .-• ,„
4)"
. , .
r/
2. Qhgnizignatdiusi. No cud); knees, post; walls, barriers, barricades, abrupt
changes in grade, or any other obstructions wha to the free movement of vehicular or
pedestrian traffic, whether temporuy or Perttlanent, caacte; shall ever be placed or allowed to
remain on any portion of the Easement / - ', -.., : - . 1 .ternpa_ . , rary barricades may be set up to
divert vehicular and pedestrian traffic ..,. ,•: - • i• • ; - 'Obe4Erisetnent Tract that are under
construction or repair (so long as such — -iii . .,; .v. _are caries* pursued). The preceding
sentence shall not be construed as -;•• *`-`... ..,-,.., cOnitritction ' O Curbs, sidewalks or other
,
improvements appurtenant to any deceleration talie right-Ulm la which may be required by the
City of College Station.
?; 4" . • •
3. fading. No owner of any Parcel cause or perrmt any sudden change in grade
on such Parcel which materially obstructs or impedes the mutual ingress and egress provided for in
this Declaration or obstructs or impedes access to any adjoining Parcel.
4. tailing The owner °reach Parcel shall maintain and provide at all times within the
boundaries of such owner's Parcel a sufficient angst' of parldng spates (mcluding parking spaces
for disabled persons) for the permitted use or tisee O t t
o Parcel from thne to time, in accordance
with applicable law and zoning ordinances, suOihit to temporary closure of parking spaces to
the extent necessary for construction, maintengnitsi ofthe common areas of each Parcel (so
long as such construction, maintenance or repOwz, ently pursued.)
5: ra 0 glans All or part of the — may hereafter be designated as a fire lane
, ,.
persuant to applicable laws, ordinances, or regdaftohcand such fire lane shell be marked, used and
maintained in accordance with all such applicable la " ordinances, and regulations
6 . ,. .• 1 --- :.:. ..z.,_ ,.
-..,,...,g . I a n v. 1 ...l- I 1 i. - .. 00190 the casement, Declarva hereby
grants to the owners of the Parcels and their - - - • -. - `- --..• • ' and Asians a temporary easement
to enter and use so much of the surface ofthe • !'.. - • '-, - atgoininii the Easement Tract as may
.,.. , !. .... ,?: . . . . $ . - • -
LVICLeasnaifilanuta - P•s• i ti.f .: '''
, .
. ,
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_ .
0691382
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4 ,. - IA '•
be reasonably necessary to construct impro - - , ..., • .• -• t Tract, and st temporary 5
easement shall remain in effect until the easement co • aion work is completed.
4
I -
7. Taxes. Notwithstanding anything to the contrary contained in this D . eclaration. thc ..
owner of fee simple title to the Easement Tract shall be • le for all ad valorem taxes (or taxes in lieu
thereof) and assessments levied against the Easement: e l
rug.
8. Benefit. The easements granted hetiin n the land and are ap enant to the .. e: ef
Parcels benefitted by such easements. The - - , - ,,. ended to benefit De4rant and its -.
successors in interest or tide, the owners of the ' -.,,.- • , r tespective successors . assigns and ,
legal representatives. The easements may not le , .. - assigned or encumbered except as i_
appurtenant to the benefltted Parcel or Parcels. r
5
9. Jaindjuzast. This Declaration is . ' • , g upon and shall inure to the benefit of and
be enforceable by Declarant and its successors in intelt oititle, the owners of the Parcels and their
respective successors, assigns and legal representati Notwithstanding the foregoing, however,
any such person shall be bound by this Declaration • , y during the period such person owns an
interest in any Parcel or portion thereof, and any such. r • l terminate with regard to future
events as of the date of the bona fide conveyance Irian • - f the entirety of its ownership in the
Property. -
•,..:
10. No Dedication. Nothing contained 4 '
-.,- ,, I deemed a gift or d 'on of any
portion of the Property to the general public, or T. . purposes what , it being
Declarant's intention that this Declaration shall be , - •• i ted to and for the pu ses herein
expressed.
.'
11. higiviaga. In the event that fee si ,• - title t all of the Properly d ever be
vested in one person or entity, the easements herein .• , - • shall not be eactinguished t , it being
the express intention of Declarant that this • - • • shall remain in full for effect
1 notwithstanding any such merger of fee simple estatei :, , tithe Property.
12. Egandana This Dedaration max , • 4, — - supplemented, or ed in any
respect whatsoever, or rescinded in whole or in , , ..„„" • ,- ten insttument duly ted and
acknowledged by all of the record owners of fee ",-; ,' t - , o Pniperty.
13. Sexatadnyj . If any provision of thit : e- ttn shall become • diens! or
.,
otherwise unenforceable for any reason, the remaining • t• ' ' • of this Declaration continue
to be in full force and effect and shall not be affected - -• ".
14. !lading:. The titles, headings and cap!., which have been used in this &ration
are for convenience only and shall not be used in - , , • , , this Dedaration.
15. Angliaidam. This Declaration shah; • - - • by the laws of the S ' fTexas.
• `';',L • '-''..- .-.' ,
(SIGNATURES APPEAR • ' ' 0 • ' 1 G PAGES]
1 :., ..
1 .
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mclomnaisti,Asula-Page2
11 . .
43691382
:
- , '
,
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IN WITNESS WHEREOF, Declarant 'exam -• " , 0 - laration as of the date 5
acknowledged below, to be effective as of the date first set ..4,1 .• • .
4
D
Lmit B ' • i• I, LTD.,
a Tacas , -• !„, • ,-,A.:,.
0
By:
1. toners! .1. • - -
3
6
„ .
: None: i a . Mihalopou 8
, --, /044 1 as . out
, 1-
THE STATE OF TEXAS
§ 1
COUNTY OFOAL-17A81341.^ .2 03 §
t This instrument was aclutowledged before me on I tot' 31....1 y . 1999, by
Frank lvfilialopoulos, President of Delmar Baronhead GP# i ".., a eltas limited liability company,
as general partner of DELMAR BARONHEAD I, LTD., T - • 1 , (ed partnership, on behalf of
such limited partnership.
,„%ear-, SOMA C. 10111110t 0 AA
,, Puble.11116 Winn
Notary . : , E. • State of Texas
lila
ilir
AFTER RECORDING, RETURN TO t- -I ' •
Brousseau & Associates, P.C.
Attention: Boyce L. Graham
3838 Oak Lawn Avenue, Suite 900
Dallas, Tams 7S2I9
itteefibitUAMIACOUJOINammag.csilvi --.,,,. ' ' .., 1
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$ z ,.-, . , 1 4
IsaaAnctimenagacr - Pap 3 j - if .. . f--
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0691382
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EXHIB :.4. . , • 3
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LEGAL DES si 1 0 , - PROPER 1 5
.. ,_ - •-ti 14 t 1
2
Being all of that certain tract or parcel of , . lying and being situated in the RICHARD
. CARTER SURVIiy, A-8, College Station, Brazos 6 , ., , Texas, and being a part of that 65.33 0
acre tract of land descrioed in a Deed of Trust; Volan 1786, Page 307, Deed Records of Brazos
County, Texas, and being described as follows: i,' 1
a ,.'...?'' ,___ 3
CONIMENaNG: ate 1/2" hon rod found 4....°,-. , • -" ' oomeroeeto 65 - 3 3 am* tract, lame 2
being the east corner oflilock "4' of I :4,!, 'Iv •ii ' II (502/105), also being In tile north 7
right-of-way line of P.M. 60 (University '.ii) , .; ' ' 4 I
THENCE: N 69°25'20" B412.45 1'. ' ,,. ! 4S" E 10.S7 feet along said F.M.
60 line to a IV iron rod found for the PLACE 0 • :!:'0
t-
THENCE: N 48°10'42" W 730.51 foot ..3 ' r f Lion rod set for corner;
ii.-f ,1, - •• = 1 '
-.. THNCE: N 41 13 175.00
set for corner, same being in the center 1106 ofit . ..?: - . street (Giealtaven Drive);
!---:,,,
1l03: $ 33 B 139.73 feet 1 . - , - - - •- line o V d Street to the beginning
of a curve to the left;
.' . '
I I
THENCE: 349.07 feet continuing alont . 4.,•! - 4- - enter Hee_ ,a a eon'e to the left
aith a central angle of 20 Rt, a zulins 1 ! I ! 1 ' 1 feet lad who,* Chord bears S 4
W 347.30 feet to the end of said curve; ,' •
... k
• .
'THENCE: S 53 B224.43 feet - . .I
, • , I ong said Street center line to a 1/2" iron
rod set for comet;
.., .. - :•..
• 1
THENCE,: S 41°53'48" W 754.55 ket ,. . -.",..._.‘- 1 Wy Mara found corner, same
being in said P.M. 60 line;
,
TH33NaB: S 78 W 99.08 feet • . , - • • P.M. 60 line to the PLACE OF
BEGINNING; and containing 14.33 acres of land, - ... -_or les:, accontig to a survey made on
the ground under the supervision of Donald D. C '':2;' , • - -ft. ed Professional Lind Surveyor,
No. 2972, on February 27,1998. . ... , -..
..
' , , , 1
s f
y a
together with: -
- , N
All that certain lot, tract or parcel of _t". ...: 9.78 tins situated in the
RICHARD CARTER SURVEY. Abstrad --, T. Brazos County, Texas, and being
ail of a called 9.839 acre tract of land - .--.: ' to CBI Associates by deed filed
for record In Volume 818, Page 459 of the. • * Peeonill_of Brazos County.
Texas, (0.Ft.B.C.T.); said 9.78 acre fruit .- ,,, ., - , to the northerly right-
of line of F. M. 80 (University Div r0 ,;'; 4:. .. . - Psiliciliste described
by metes and bounds u follows:
Ai, , _ .
BEGIHNINO at a Highway Right. ' D ■ rr . - , In said northerly
right-of-way line of F. M. 60 (Univetil P , ' - , iittiSedi most westirly
corner at the most westerfy corner ''. . :. • , ti ., ,;, ; ... ,-,,* - • •• _,,, aa ' C8I Aseociates
tract of land and the roost souther* ...,. , ..-- . -= - tif g;cillecl 14.33 sere
tract of land conveyed to Delmar: . . =If; '. i,..,' geed . record In Valuate
3048. Page 100 (0.R.B.C.T.I:
EXH1BIL:6: - Ns I 0(4
069138a•
T
L .
THENCE: N 41 E. leaving saki northerly right-Of-way line of F. M. 60
(University prive) and with the line_ o mmon to said called' 9.839 acre CSI
Associates tract of land and said Balled :14.33 acre Delmar Baronhead I. Ltd.
tract of land. at 754.55 feet pass : the centerline of a proposed street
(Glenhaven Drive) at the most easterly corner of said called 14.33 acre Delmar
Baronhead I. Ltd. tract of :. • "' • the Most southern► corner of the remainder
of a called 58.32 acre tract or . • and 'a 25.00 ore tract of land conveyed to
Jacob Luza. Jr. by deeds of. ti " -- to Volunne 85, Page 426 and Volume 93,
Page 378 of the Deed Re4eids of .Prams County, Texas (D.R.B.C.T.),
respectively. and continuing w1t said northern, line of the plied 9.839 acre
CSI Associates tract of land a�;the souther j, of.said Luza remainder tract
of land. In all a distance of 1647 f t4�a point for northeast corner at the 1
southeast corner of said Luzarremaindet tract ots same being a point in ,
°
the westerly right -of -way line State Hlghw y No. :6 (East By- Pass):
1
THENCE: S 20 E. along the ea Hite of said celled 9.839 acre
CSI Associates tract of land tam said v esterly right -of- -way line of State
Highway No. 6 (East By -Pass) -a: distance At 310.88 feet to a 1/2" iron rod
found for angle point:
THENCE: S 20'54'07" E. Co
9.8 acre CSI Associates tract.of.l said e rly r fi of the called
State H said �estaiy right- line of
Highway No. 6 (East By ).a4 - • ' s : of 9.90 feet to a 1/2- iron rod
found for exterior ell and
easterly corner of said called 9.839 acre CSI an Of and most
being the most norther! Associates tract o( f land, same
Y X01 a called 1:14 acre tract of land conveyed to
Bert Wheeler by deed of record in Volume 391. Page 864 (D.R.B.C.T.):
t i
1.
THENCE: S 53 ' 4 3'06" W. with the northerly line of said called 1.14 acre
Bert Wheeler tract of land and with a line common to said called 9.839 acre
for Associates
ell corner tract land. a distance. .98 feet to a 1/2" iron rod found
Inter' ell cr of said called 9.839 acre CSI
Associates tract of land and the :.. t westerly corner of said called 1.14 acre
Bert Wheeler tract of land:
THENCE: S 38'48'34" E. along ,I7- -idea line of called 1.14
Wheeler tract of land and with :IL r • • • • r . acre Bert
Associates tract of land. a dlstafcC of .99 feet 1" iron rod found for
southeast corner at the southeast - • 7 - f said "celled 9.839 acre CSI
Associates tract of land and the most sou e . % corner of said calf 1.14 acre
Bert Wheeler tract of land. same being a :.'f : in the aforesaid northerly
of -way line of F. M. 60 (University Drive): _ - .. fi
THENCE: along said northerly :r(ght f-way of F. M. 60 (University
Drive) and said southerly line ofthe Cat19.839 acre CSI Associates tract of
land. the following courses: ''' ` ¢. d
1.) S 51 W. a dis y . ... ,, : ;
Marker found for angle ` $ eat to a Highway Right -of -way ,
2.) S 55 16" W. a dts .�•. � .:
Marker found for c '6 feet to a Highway Right-of -way,
angle p dtat; `;_
2.) S 68'08'03" W. a dtstan
•
4 : -feet to a Highway Right-of-way
Marker found for angle ' .
34 3 69•34'27" W. a dlstancel
g, . LO a 1/2' tine rod found
for angle point: and. - f'. .
4.) S 79 W. a dts 3315,. 6 the P0071 OF BEGINNING
AND CONTAININO AN AREA 0 978 OF LAND. MORE OR LESS.
according to a survey performed r ; - y ; ;
su�on of Donald D. 0 . F - - ° L ind S cued,' the
.,1a ,. �tvkyoc No.
.., A'
Pte. 2 ot4
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,. . ..
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�91 392
... . -
and together with
3
All that certain lot, tract or paired • il..„. - • being 2.22 acres situated in the 5
RICHARD CARTER SURVEY, Abstract 4 : Brazos County. Texas, and being
out of and a part of the remainder Of 1 : 11 ed 58.32 acre tract of land and a 4
called 25.00 acre tract of land - - • il.• Jacob Luza. Jr. by deeds filed for 2
record in Volume 85. Page 426 aid V. ■• ... -93, Page 378 of the Deed Records
of Brazos County. Texas. (D.R.B.! T4: • .', -'.. acre trict °fiend being a strip
of land of varying width adja - -.. tO• • • - . • • _ at? line of a called 9.839 acre
tract of land conveyed to CSI •'- I -1 ..,,,, ., - -• of record in Volume 618, Page
439 of the Ofticial Records of.; - r ;,. t.. s • Texas (0.R.B.C.T.) and being 0
more particularly described by .. - - • • , .. • s as follows:
3
COMMENCING at a Highway .., • ,., Marker found In the northerly I..
l ,
right-o(-way line of P. M. 60 ) ' s ° ye). as occupied, at the most 9
westerly corner of said called 9. --. !I - - •:-• Associates tact of land and the
most southerly southeast corner .' if• - 1 L-... 14.33 acre tract of land conveyed
to Delmar Baronhead 1. Ltd. by:deed - . -'rd In Volume 3046, Page 100
(0.RB.C.T.)t ,: 4
it
THENCE: N 41°53'48' E. ao • • ! - line of the called 9.839 acre
CSI Associates tract of land and thIrsati • • •; y line &said called 14.33 acre
Delmar Baronhead I. Ltd. tract ofiand •I tance of 754.55 feet to the most
.
southerly corner of said Luza - . .. • • - • - - a land, the most easterly corner
of said called 14.33 acre Delmar :, • •,- • ' tract of land and the most
southerly corner end POINT OF Bleb 0 = • - . herein described tract of land
in the certerline or a proposed strait (01- • . :-. Drive):
.,,
,
THENCE: leaving said northe rly' o - j * called 9.839 acre CSI Associates
tract of land and said southeasterly . of the called 14.33 acre Delmar
Baronhead 1. Ltd. tract of land. ilong • liouthwesterly line of said Luza
remainder tract of land with said -1.44,"•1,-, _. i tvpropotied street (Olenhaven
Drive), the following courses: ' - •- - 4 = 4
: .-• ', . ,• .1
1.) N 53°3 r41- W. a distance '•• -0' - " to a point for the beginning of
a curve to the right: It. ' . .
2.) 349.07 feet along said cu , - • , • , - 4 t having a radius of 1000.00
feet. a central angle of ••• , i e •. , 1 ` .; :: long chord bearing and
distance of N 43°3 r41" W. rj -3 - a point for the end of said
curve: and.
3.) N 33•3141" W. a distance • : .. '- - • a 1/2" iron rod set for most
westerly comer: ., .
. 4
THENCE: N 4844'56 E leavite , '.. • thwesterly line of the Luza
• remainder tract of land and said - •- • • • • • • • - street and with a line
through the thterior of said Luza -. •'.• -.. ..- of !mid. a distance 0( 146.15
feet to a 1/2" iron rod set for most •"' •'-',
• ••,-` , :
THENCE: S 4P09'22' E. conttnuirig" • ; • through the interior of said
Urea remainder tract of land, a distance • p01.52 feet to a paha for the
beginning of a curve to the right: I
'4' : : I • ': ' -
THENC.E: 153.54 feet -. •...• - :t line through the Interior of said
Luza remainder tract of land. along • • •• . -to the tght/laving a radius of
1050.00 feet, a central angle of i - , 1 ' . • chord berm** and distance of
S 3858'01" E- 153.40 feet to a 1 . • • -.. - for roost easterly corner in
,
the southeasterly line of said Luta' -.. h. • - - '- 'of landrand the aforesaid
northerly line of the called 9.839 acte • • • -- hliet °land'
'
.. .. , ,
A 121 ta r r: 6 " - Pa • 3 0 ( 4
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0691382
Extftarr : "
M 'ES AND BOUNDS DES • I ; • N 3
OFA i ti s-.y
0.587 ACRE TRACT 1
(A 64' WIDE PRIVATE ACCESS EASEMENT)
THE GATEWAY, PHASE I 2
RICHARD CARTER LEAGUE,, EtS"J{`I k NO. 8
COLLEGE STATION, BRAZOS COUNT14 TEXAS
i t
Metes and bounds
description of all that certain 0.587 acre tract br parcel of land, lying 0
and being situated in the ' Carter League, .. es . College Station, Brazos
3
County. Texas, being a 64' private access a portion of 3
i mpe n d Lots 1, 4, and S, p . :
hate i u a !lnal plat of said
3
proposed subdivision, and a portion out of the( ,trot eyed to Delmar i
Baronhead I, Ltd., as descried by deed recorded in VOL OW 3046 PAGE 100, of the
Official Racords of Brazos County, Texas, said 0.587 acre" . t being
described as follows: 8 • core
particularly
X L
COMMENCING at a 1 -h" x I" iron bar found maraca,;; ti corner of that same
1.15 acre tract conveyed to Bert Wheelers,
Inc, '� descri deed recorded in
VOLUME 391 PAGE 864 of the Deed Record of Brazos CoTraty, Texas, and lying in
the northwest right -of -way line of University prive East:: , . :.
S 5049'28" W —3 feet with said
for angle point. fi f to a K" iron rod found
THENCE S 55•04' 50" W — 31534 feet with said ri
PLACE OF BEGINNING. ght-of a Point for the
THENCE S 55'04'50" W — 32.01 feet with said right f
common south corner between said Lot 4 and said Lot 5. _a P for the
THENCE S.55'04'50" W — 32.01 feet with said ri t-of '
5 . a point for corner.
THENCE N 33•:.3 W — 45,37 feet across` d eo • .: w „ ,
P to a point for corner.
THENCE N 58 W - pr 1
,41 feet across`said oposed Lot to a point for comer.
THENCE N 41 E 6 lil feet to a point for corner, I.
THENCE S 58.54'48" E —1 .28 feet across said pro Lot 1 t o a point for corner.
ONCE S 33 E — 258.42 feet across said proposed Lot 4 to the PLACE OF
BEGINNIN and containing 0.587 acres of lend t
4
: se July 1 S, a .
Municipal Develo ed u`
College Station , Texstr P '
Prepared l , i
r epaired
by A.W.1�.
OF - , RPLS No 1852 .
.. = M M N M ..1.
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THENCE: S 4153'48" W. with said nartherly of the called 9.839 acre
CSI Associates tract of land and said sou ' - lOie of the Luza remainder
tract of land, a distance of 88.30 Ieetit *le : • IRT OF BEGINNING AND
CONTAINING AN AREA OF 2.22 ACitES D ' bibRE OR LESS, according.
to a survey performed during .th e Mcit' th of Adoist. 1998, under the
supervision of Donald D. Garrett. Reghared • • esalonal Land Surveyor No.
2972. :t ,
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0691382
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:HARLES A. ELLISON ,
ATIbQRYS AT UW '
bet rwsotm WINE
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SPECIAL WARRANTY DEED WITH VENDOR'S UEN
7
DATE September 30. 1008
2
GRANTOR: CSI ASSOCIATES. a Texas General Partnership 0
GRANTOR'S MMHG ADDRESS:
18377 Beach Boulevard. Suits 208 6
Huntington Beach, California 92848
3
GRANTED« DELUAR BARONHEAD I. LTD.
GRANTEE'S MAIUNQ ADDRESS:
a 15000 Dooley Road
Dallas, Dallas County. Tee 75244
CONSIDERAT1ON: TEN AND NCWIO0 DOLLARS (810.00) and .$note a even dab that
is In the principal amount of ONE MILLION SEVEN HUNDRED
•
SIXTY.SEVEN THOUSAND ONE HUNDRED TWENTY AND 30/100
DOLLARS (51,787.120.30) and is _cscutsd by Grants*, payable to
tin order a Grantor. The nob* is secured by a vendors ien
retained in favor of Grantor in /his deed and by • deed a trust of
win dab from Gra lies to TOM GIESENSQEJKi,Tr rtes.
_ PROPERTY (INCUJDING ANY IMIPROVEMENTgk
AI the certain lot, tract or prod of kind being 9.78 acres situated in the
RICHARD CARTER SURVEY, Abstract No. 8. Bros County. Tees, and
being all 01 . called 9. 830 ear tract of land corweysd to CM Associates
by deed Ned for mooed in Volume 818, page 460 a the aide Records
of
acqacent to the northerly riptd-Oktmy ins Brazos Courtly. Taws, (O.R.B.C.T,); said 9.78 acts tract being
and being more by m s and bola (University
BEGINNING at a HIghway Right-ol -way Marker loud h said northerly
• eight -away is of F.M. 80 (Uri ersity lv , as occupied, for most
westerly corner at the most westerly comer a said called 9.839 sots C81
Associates tract of land and the most southely southeast comer at a
called 14.33 we tract of laved convoyed to Delmar Baeonhead 1. Lad. by
dead of record in Volume 3048. paps 100 ('O.R.B.C.T.);
THENCE: N 41•63•486 E. leaving said northerly iIp tcIisy ins a F.M.
80 R Drive and w m tfte is cannon to said tailed 0.839 acre
CSI Associates tract at land and said called 14.33 acre Dame
Bronh*ad 1, Ltd. Act a land, at 754.56 feet passing Its osnlsrlfrw at
a proposed street (Gisnhe von Doke at the most ssalsrly corns of said
called 14.33 don Delmar 8ronhsad 1, Ud. tract at land and the most
southerly comer a the remainder as called 6832 saw Act at lrtdand
• 25.00 acre tract at lend conveyed b Jacob Lziza. Jr. by deeds a
mood in Volume 85. pave 428 are Volume 00, paps 378 a the Deed
Records a Brazos County. Tea (D.R.B.C:T.), respectively, and
contimirg with said northerly tint at 1* cased 9.830 acts CSI
Associates tract of rand and the southerly ins a` said Lena reminder
tract c1 land, in m • ci lance of 1807.47 tee to • pant for northeast
comer at the southeast canter a said Lea, remainder tract a land. •
•
0 4 •
3
same being a point in the westerly right of-way line of State Highway No. 7
(East By-pass). 2
THENCE: 8 20' 50' 20' E. along the eastsry ins of said called 9.839
acre CM Associates tract of land and said westerly right-of-way tine of
Stale Highway No. 6 ( East By- Pass), a distance of 310.88 feet to a 1/2° O
iron rod found for angle point 0
THENCE 820' 54' OT E. continuNig along said easterly Nne of the 0
cared 9.839 son CSI Aesodstes tract of land and said westerly 6
•
alga of -wry line a State Highway No. 6 (East By-Pass), • distance of 4
9.90 Net to • 1/2" iron rod found for Gictenor el and most easterly
corner at an exterior ell and most easterly comer of said called 9.830
acre CSI Associates tract of land, same being the most northerly comer
of • celled 1.14 acre tract of land ooraeyed to Bert Wheeler by deed 01
record in Volume 391. peps 894 (D.R.B.C.T.);
THENCE: 8 53' 43' 00' W. with the northerly line of said called 1.14
acne BM Wheeler tract of lend and with • line common to said called
9.839 acne CSl Associates tract of kind, a dames of 224.86 feet to a
1+2 iron rod found for interior el corner at an interior el corner of said
called 9.839 acre CSI Associates tract a land end the most westerly
comer of said sled 1.14 we Berl Wheeler tact of land;
THENCE: 8 38' 48' 34' E. along tine westerly line of said cabled 1.14
sae Berl Vander tract of lend and with a Mite common to said called
9.839 acre CSI Aseocis es tact of land, a distance of 234.90 fest to • 1'
iron rod found for southeast comer at the southeast comer of said sled
9.830 acre Cat Associates tract 0f teed, and the most southerly corner
a said called 1.14 ate Bert Wheeler tract of lend, same being a point
in the aforesaid northerly right-cfmay lie of F.M. 00 (University Drive);
THENCE along _ said north1ery rIgte -ol r y fns of F.M. e0 (University
Drivel and aid southerly line of the oiled 9.839 ace CSI Associates
tract of era. the following courses:
1) 8 51' 10' 43' W. • &Minos b 25.18 feet to a Highway
Right-ofmay Marker found for angle point
2). 855' 01' td' W. a distance of 404.99 Net to a HIghaiay
Rightol •y Marker found for angle point
• 3) 808' OW CO' Woe distance a 490.52 Net to a figtway
Right -ol way Marker found kr angle point;
found for angle 34' • distance a 208.56 in b • 1/T ion rod
5) 8 7W 37 11• W, • distance of WM Net to the POINT OF
BEGINNING, and containing an area of 9.78 acres of lend, more or Mall
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
(1) Eaaenneras. or claims of Mfemente. which are not reoc.'ded in Ms
public records.
(2) Easement from H.P. Darby Estate to the City of etym. dalsd
April 20, 1937. recorded in Volume 94. page 190, Owl Records of
Brazos County, Texas.
(3) 20' Rubric Utility Easement, along University Orin, from CSI
Assoastes to the City of College Station, dated October 7. 1904,
cs ,,,,rsao.I.!PAW
0
3
recorded in Volume 2232. pips 115. Official Records of Brazos
County, Texas: and as shown on survey plat dated August 19A8, r
prepared by Donald O Garrett. Registered Profession& Land G�
Surveyor, Stets of Texas. No. 2972.
( Certain all
bot rights along Ms boundary of the adjoining 50,089 square 0
trac* formerly owed by Humble off & Relining Cornper•• 0
covering a Nip roproximately 15 Net wide as set out in the Deed
*urn F.W. Bert Whs u b
ler, Trusties Humble Oil & Relining 0
Company, dated December 23, 1971, recorded in Volume 300. 6
pegs 108, Deed Records of Brazos County, Texas. 5
( 5 ) A 15' easement around the bou ndry of the 1.15 acne tract formerly
awned by Humble Or & Relining Contparr; as set out in me Deed
Iran F.W. Bert Wheeler, Trustee to North American Enterprises.
Inc., dated June 27, 1979. recorded in Vokane 427, page 188.
Deed Records of &atos County, Texas.
(d) Eslats crested by Od and Grs Leese from CS1 Associates to Inco
Olt
Corporation. dated February 13, 199Z recorded in Volans
1520. page 157, OAtc iel Records of Brims County, Teas.
(7) SAVE AND EXCEPT, and Mere is hereby reserved unto Grantor, Is
e+oosiors and assigns, M oil, gee and otter minerals, that * now
OMB. in, on, under, and that may be produced from the . herein
desated •property. provided howeirer anal Grantor herein taunts
for itself, its successors and assigns, ak- rights of every Idrtd and
character with Ms respell b th au1aoe and no owner of dry
portion of the mins& IM MO hsrroy reserved &la ever hove • wry
lights of ingress and egress for any purpose and such mineral
estate -hereby reserved may be developed and/or explored o y bl►
pooling or directional drilling.
Graarttor, for the consideration and subject to the reservations °*cm and . cspliorta
b conveyance and wrnar*y, grants. seas;. and convoys to Grantee the with all and singular the rights and appus'tartrross thereto property.
aril s belonging, or ar assigns
hew
and hold kb Grantee, Qrrttse s hers, eraoutors, successors,
forever. Grantor hereby binds Grantor and Grantors heirs, aaarlons,
and successors b swat* and forever defend el and
singular the property to Overdo*
and Grantee's heirs, executors, administrators, successors, and assigns,, spinet every
person whomsoever lawfully dsinWng or to dorm the erns or any Part thereof, nicest
as b the reservations from and arcepuons to warranty, when Me dsirn is by, through,
or ender Grantor but not otherwise.
•
0667813
The tendo'e Mn against and superior title to the prop«ty are Mined undl each 3
note described is Sig paid aooading to Its terms, at %filch erne this deed she become 2 • •
absekaa
7
Mien the contact requires, singular noune and pronouns include the plural. 2
C81 ASSOCIATES, • Tetras Genesi Partnsrsthip
0
8Y'
SAAAUEL & T. and
1 6
STATE OF California ss
COUNTY OF Orange
On 8epte•ber 29, 1998 , before me. Cooper, Notary Public
per* smeared Same 8. ,'. Huang
zasaumwiladuestilixteet
(or proved lo me on the basis of sahsfadnt evidence) In be me ` .
Y I��I��ose name(s) MJsx�
suhsc Lid to I1* 011Sn Inslrumen* and arknnedmigad tome mar beMhsAhey exscutsd i hesante
In hhAofhatr aulhodsed capaeny i.s . and IhM by h iadhe lwdr signMure(s) on the Insburnen1 the
personl*or the entity npnn behaN n>t wbit Ile minor** acted. sxermled the itstrumenl.
WITNESS my hand and official seal
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•
Tile pf Documenl Special Warranty Deed with Vendor's Lien
Dale of Document 9/29/98 No of Pages 4
Other signatures nnl acknowiedied
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Silt i R.e`irrtAi D 142 dR 5416 38 g
,+., TL^:
ezt ^' ".t3' «r"AMY
SPECIAL WARRANTY DEED
DATE: June _22,,, 2003
GRANTOR: CSI ASSOCIATES, a Texas general partnanhip
GRANTOR'S MAILING ADDRESS:
18377 Beach Boulevard, Suite 106
Huntington Beach, California 92648
GRANTEE: CLAYTON RHOADES and wife, JANA RHOADES
GRANTEE'S MAILING ADDRESS:
P.O. Box 11028
College Station, Taw 77842.1028
CONSIDERATION :TEN AND NO/100 DOLLARS (314:00) and other good and valuable
consideration, the receipt and sufficiency of which being hereby
acknowledged by Grantor.
PROPERTY (INCLUDING ANY IMPROVEMENTS):
I Being all that certain lot, tract or parcel of land lying and bang situated in
Brazos County, Texas and being Lot Two-RE (2RE), Block One (1),
GATEWAY SUBDIVISION, an addition to the City of College Station,
Texas, according to reptat recorded in Volume 5390, page 294, Official
Records of Brazos County, Texas.
GRANTOR grants, bargains, sells and conveys to GRANTEE a perpetual,
non exclusive thirty (30') foot easement and right -of -way for the purpose of
providing pedestrian, car and light truck ingress and egress over and acrou
the southernmost thirty (30') feet of k is 2RA and 2RC from the southeastern
'corner of Lot 2RC and extending and
connecting to the casement designated
on the plat u a 30' private access and public utility easanent established in
Volume 3663, page 313, Official Records of Brazos County, Texas. Said
easement granted herein shall be appurtenant to, and shall run with, title to
!lot 2RE whether or not refer+encod in any conveyance of the said lot. The
Oruttoc shall be all costs of initial development and subsequent reasonable
rnsintenmoc of the easement props iy to enure reasonable ingress and egress
to and from the easement established in Volume: 3663, page 313, Official
Records of Brazos County, Texas and the Highway 6 feeder road. This
granted easement shall not be used for parking or be obstructed in any wa
2
DDC Bk Vol Pg
atom 42 OR 5416 31
'RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
(1) Euements, a claims of easements, which are not recorded in the
public records.
(2) Easements u shown of record on typist of Gateway Subdivision,
recorded in Volume 5390, page 294, Official Records of Brazos
County, Tares.
(3) , EUCCIMIt from H.P. Dansby Estate to City of Bryan, dated April 20,
1937, recorded in Volume 94, page 199, Deed Records of Brazos
County, Taus.
(4) Certain fill rights along the boundary of the adjoining 50,069.4 square
foot tract formerly owned by Humble Oil & Refining Company
covering a strip approximately 15 feet wide as set out in the Deed
from F. W. Bert Wheeler, Thlstee to Humble Oil & Refining
Company, dated December 23, 1971, recorded in Volume 300, page
108, Deed Records of Brazos County, Tams.
(5) , 15' easanent around the boundary of the 1.15 acre tact formerly
owned by Humble 0i1-& Refilling Company u set out in the Deed
from F. W. Bat Wheeler, Trustee to North American Enterprises,
Inc., dated June 27, 1979, recorded in Volume 427, page 188, Deed
Records of Bozos County, Texas.
(6) Reservation of a non-exclusive easement for surface water drainage
on, over and across the property in Deed from Delmar Baronhead
Ltd. to CSI Associates, dated December 21, 1999, recorded in
Volume 3694, page 79, Official Records of Brazos County, Texas.
(7) Reservation of a non-exclusive, perpetual easement for the purposes
of vehicular and pedestrian ingress and egress and passage to and
from adjoining lands and actjoining public roads and ways, on, ova
and across the property in Deed from Delmar Baronhead I, Ltd. to
CSI Associates, dated December 21, 1999, recorded in Volume 3694,
page 79, Official Records of Brazos County, Texas.
(8) Mineral reservation in Deed from CSI Associates to Delmar
Baronhead I, Ltd., dated September 30, 1998, recorded in Volume
3272, page 63, Official Records of Brazos County, Texas.
2
. •
. • .
•
•
Doc Bk Vol Pg
00820142 OR 5416 32
(9) Estate created by Oil and Gas Lease from CSI Associates to INCO
Corporation, dated February 13, 1992, recorded in Volume 1520,
page 157, Official Records of Brazos County, Texas.
(10) AU oil, gas and other minerals in and under the herein described
property, together with any rights of ingress and egress, mining or
drilling privileges heretofore reserved or conveyed by predecessors
in tide, and not referenced above as an exception to conveyance and
warranty.
(11) GRANTOR hereby retains for itself its successors and assigns a non-
exclusive thirty (30') foot easement and right-of-way for the purpose
of providing pedestrian, car and light truck ingress and egress over
and across the southeastan portion of the property made the subject
of this conveyance, said easement being identified es Variable Widin
Private Access Euanent on the plat of record at Volume 5390, page
294, Official Records of Brazos Cotmty, Texas. Said retained
easement shall be appurtenant to, and shall rim with, title to lots 2RA
and 2RC, whether or not referenced in any conveyance oldie said
lots. The euemait is papenuil and Grantee., its successors and
assigns shall bear aU costs of initial development and subsequent
reasonable maintenance of the easement property to ensure
reasonable ingress and egress to and flom the benefited lots and
Highway 6 feeder road. This easement shall not be used for parking
or be obstructed in any way.
(12) The lot conveyed hereby is RPSTRICTED against use as a
convenience store or for the operation of any business through which
alcoholic beverages or motor fuels are sold to the public. This is a
restriction running with the title to lot 2RE and shall be enforceable
against Grantee, its heirs, successors and assigns.
Grantor, for the consideration and subject to the reservations from and 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 wise belonging . to have and hold it to Grantee,
Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor hereby binds
Grantor and Gtantoes heirs, executors, administrators, and successors to warrant and forever defend
all and singular the propaty to Grantee and Grantee's heirs, executors, administrators, successors,
and assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thaw& except as to the reservations from and exceptions to warranty, when the claim is by, through
or under Grantor but not otherwise.
3
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• 0705163
88 1! Rattan lo •
University ComPerrl
P.O. Draw DT
•
Coa.po s4Non, Tsxa T7841 SPECIAL WARRANTY DEED 3
GPI • 6
9
Date. December 1 1999 4
• I.'
Grantor: DELMAR BARONHBAD I, LTD.,
a Texas limited partnership
Grantor's Mailing Address: 0
15900 Dooky Road 7
Addison, Texas 75001 9
Grantee: CSI ASSOCIATES, a Texas general partnership
Grantee's Mailing Address: 18377 Beach Boulevard. Suit* 208
Huntington Beach. California 92648
•
Consideration:
Satisfaction of the indebtedness evidenced by that certain Real Estate Lien Note, executed
by Grantor, as maker, to Grantee, as payee, which note is described 'nand secured by that
certair. Deed of Trust and Security Agitement, dated September 30, 1998, from Grantor
to Torn Giesenschlag, Trustee, recorded in Volume 3272, Page 68 of the Real Property
Records of Brazos County, Texas; and other good and val.table eoosideratioo, the receipt
and legal sufficiency of which are hereby acknowledged.
Property (including any Improvements):
BEING Lot 2, Block One of The Gateway, Phase I, an Addition to the Cky of College
Station; Texas according to rte final plat thereof recorded in Volume 3663, Page 313,
Official Records of Brazos County, Teals,
SAVE AND EXCEPT the following described portion of said Lot 2:
BEGINNING at a Si' iron rod found marking the north corer of Lot 4,
Block Oat:, The Gateway, P sae I;
THEN01 S 51 33' W - 169.98 feet with the common line between
said Lot 2 sad aid Lot 4 to a K' hen red found for anglo point;
firECIAL WARRANTY Acca. Twp 1
•1
0705163
0 .
'INCB s 68'09' 56' W — 68.71 fat with said oommoa line to a Ur
iron rod set for corner; 6
9
TIffiNCE N 51' 14' 35' B - 235.73 fat across said Lot 2 to a 1 /2' iron 4
rod set for corner in the southeast line of said Lot 2: ' •
THENCE S 38'43' 18' E - 20.00 fat with said line to the Place of
Beginning and containing 0.093 acres or 4,057 square feet of land.
rations frosD and Exception to Cenveyane= and Warranty: 8
8
1. Those covenants, conditions, restrictions, reservations, easanents and rights of way
set forth in axliibit 'A' attached hereto and made a Fart hereof.
2. Grantor reserverfor itself, its successor= and assi a none 1 s lee
fits /aaasemen t For surface water
drainage on, over and across the Property.
3. Grantor reserves unto itself, its successors and assigns, a non- exclusive, perpetual
easanent on, over and across those portions of the Property which are not occupied by
buildings from time to time for the purposes of vehicular and pedestrian ingress, egress
and passage to and ftom Grantor's adjoining lands and the adjoining public roads and
ways, including, without limitation, ingress and egress to State Highway 6.
In addition to the Propeny, Grantor, for the consideration and subject to the reservations
from and exceptions to conveyance and warranty, grants to Grantee, its successors and assigns.
the following easements:
A. A non - exclusive, perpetual easement for surface water drainage on, over and across
I.ot 1, Block One of The Gateway, Phase I.
B. A non - exclusive, perpetual easanart on-, over and across those portions of La 1
and Lot 4. Block One of Gateway, Phase 1, which are not occupied by buildings from
time to time for the purposes of vehicular and pedestrian ingress, egrets and a to and
from the Property and the adjoining public roads and ways. including, without itation,
ingress and egress to University Drive.
Grantor, for the consideration and subject to the reservations from and excgxions to
dntt che>sr� and , grants, sells, and conveys to Grantee the Property, together with all and
g appurtenances thereto in any wise belonging, to have and hold the Property
to Grantee, Grantee's heirs, administrators, successor:, or assigns forever. Grantor binds Grantor
and Grantor's heirs, executors, sdmon, and s.+asesson to warrant and forever defend all s
u,�
=tIAL WARRANTY DEW _ Page 2
1:
1
I .
. _ .
- -
0705163
0
and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors, 3
and assigns aping every person whomsoever lawfully claiming or to claim the same or any part 6
thereof, except u to the reservations from and exceptions to conveyance and warranty, when the 9
claim is by, through or under Grantor, but not otherwbe. 4
•
When the context requires, singular nouns and pronouns include the phual.
EXECUTED as of the date first above written.
0 • ,
DELMAR BARONHEAD I, LTD.,
a Texas limited partnership
By: Delmar Baroahead GP 01, LLC, 1
its general partner
Prank akipoubs, President
STATE OF TEXAS
COUNTY OF DALLAS 1
This instrument was acknowledged before me on the i of December, 1999, by
Frank Mihalopoulos, President of Delmar Eironhead GP 11, LLC, a Taus limited liability
company, as general partner of DELMAR BARONHEAD I, LTD., a Texas limited partnership,
on behalf of such limited partnership.
11104 .... di • ‘. 111°)
P M Public in and • • - State of Texas
AFTER RECORDING RETURN TO
•..
smseeaDeuvereowman
SrECIAL WW-443/13:12 PIP 3 •
- -
1
•
0705163
0
EAUJ Ir 'A' 3
6
RBSBRVATIONS AND EXCEPTIONS 9
1. Ad valorem takes for the year 2000, and subsequent years. 1
2. All easements shown on Final Plat o: The Gateway, Pbase I, an addition to the City of
College Station, Texas, recorded in Volume 3663, Page 313, Official Records of Brazos 0
County, Texas, to the extent such easements affect any part of the Property. 0
3. Basement, dated July IS, 1999, from Delmar Baronhead I, Ltd. to pastel owners, recorded 0
in Volume 3542, Page 324, Official Records of Brazos County, Texas. 2 •
4. 20 foot Public Utility Easement along University Drive, from CSI Associates to the City
of College Station, dated Octobet 7, 1994, recorded in Volume 2232, page 115, Official
Records of Brazos County, Texas.
5. Certain fell rights along the boundary of the adjoining 50,069 square fog tract formerly
owned by Rumble Oil & Refining Company covering a strip approximately 15 feet wide
as set out in the Deed from F.W. Ben Wheeler, Trustee, to Humble Oil & Refining
Company. dated December 23. 1971, recorded in Volume 300, page 108, Dood Records
of Brazos Counry, Texas.
6. A 15' easement around the boundary of the 1.15 acre tract formerly owned by Humble Oil '
& Refining Company as set out in the Deed from F.W. Bert Wheeler, Trustee, to North
American Enterprises, Inc., dated June 27, 1979, recorded in Volume 427, page 188,
Deed Records of Brazos County, Texas.
7. Oil and Gas Lease from CSI Associates to Into Oil Corporation, dated February 13, 1992,
recorded in Volume 1520, page 157, Official Records of Brazos County, Texas.
8. Mineral reservation in deed, dated September 30, 1V--8, from CSI Associates to Delmar
Baronhead 1, Ltd., recorded in Volume 3272, Page 63, Official Records of Brazos
County, Texas, and all oil, gas and other minerals in and under the Property (together with
any appurtenant rights or privileges) theretofore reserved or conveyed by predecessors in
tick.
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ill Jr a E
•
V0L3ooPAG Z 0 8
•
GENERAL WARRANTY DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZOS
THAT,I, F. W. Bert Wheeler, Trustee, hereinafter called
"Grantor," for and in consideration of the sum of Ten Dollars
(:: cash and other goo6 and valuable consideration in hand
paid by Humble Oil & Refining Company, a Delaware corporation,
w!t1 offices in Houston, Harris County, Texas, hereinafter called
"Grantee," the receipt and sufficiency of which are hereby acknowl-
edged and confessed, have granted, sold and conveyed and do by
these presents, grant, sell and convey unto the said Grantee all
of the following described tract or parcel of land and premises
lying and situated in Brazos County, Texas, and being more
particularly described as follows:
All that certain 50,069.4 square foot tract or
parcel of land lying and being situated in the
Richard Carter Survey, A-8, Brazos County, Texas,
and being part of a 171.038 acre tract conveyed
from Bob Ross to Bert Wheeler, Trustee, by deed
of record in Volume 271, Page 128, of the Deed
Records of Brazos County, Texas, and being more
particularly described as follows:
BEGINNING at a right -of -way marker at the
intersection point of the southwest right-
of-way line of the State Highway No. 6,
East -By -Pass and the northwest right -of -way
line of Farm -to- Market Road No. 60 (University
Drive);
THENCE S 06 24.1' W along the above mentioned
northwest right -of -way line for a distance of
105.70 feet to a right -of -way marker;
THENCE S 51 16.6' W along the above mentioned
northwest right -of -way line for a distance of
150.0 feet to an iron rod for corner;
THENCE N 38 43.3' W for a distance of 235.0
feet to an iron rod for corner;
THENCE N 51 16.6' E for a distance of 228.05
feet to an iron rod for corner, •said iron rod
being located in the before mentioned southwest
right -of -way line of the State Highway No. 6,
East -]y -Pass;
THENCE S 20 54.1' E alon;; the above mentioned
southwest right -of -way line for a distance of
10.51 feet to a right -of -way marker for angle
point;
THENCE S 38 45' E along the above mentioned
southwest right -of -way line for a distance of
150.42 feet to the PLACE OF BEGINNING containing
50,069.!; square feet of land more or less, as
per actual survey made on the ground in August,
1971, by B. J. Kling, Registered Public Surveyor,
State of Texas, No. 680;
together with the abutter's right of access to FM 60 (University
Drive) and SH 6, East-13y-Pass and all right, title and interest
in and to any land lying in the right of way of. such road or roads.
TO HAVE AND TO HOLD the above - described land and premises,
together with all and singular the rights and appurtenances thereto
in anywise belonging unto the said Grantee, its succcrsors and
assigns, forever, and Grantor hereby binds himself, 1;i s successors
and assigns, to warrant and forever defend all and singular the
said land•and premises unto the said Grantee, its successors and
assigns, against every person whomsoever lawfully claiming or to
claim the same, or any part thereof.
For the same consideration recited above, Granter by Letter
Agreement of even date herewith has granted to Grantee certain fill
rights with respect to Grantor's adjoining premises for c. distance
of' approximately fifteen feet (15' ) from the northerly and westerly
boundary lines of' the premises described herein and such rights and
the land affected thereby are more fully described in said Letter
Agreement, reference to which is here made for all purposes. It is
understood and agreed that this conveyance is subject to the terms
and provisions of said Letter Agreement.
It i5 understood and agreed that Grantor does not reserve
unto himself any v endo r s lien or any other lien, express or
implied, as to the land conveyed hereby.
WITNESS THE EXECUTION hereof this, the oZ 3 A day of
1 971.
•
F. W. er heeler, Trustee
GRANTO R
VO L E 11
i
THE STATE OF TEXAS
COUNTY OF HARRIS
Before me, the undersigned authority, on this day per -
sonally appeared F. W. Bert Wheeler, Trustee, known to me to be
the identical person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same
for the purposes and consideration therein expressed, and in
the capacity therein stated.
Given under my hand and seal of office this, the . 3nd)
day of ()zc-f2.. , A.D., 1971.
x 1 Vo +az Public in and--Tor
' �. ' � / I,PP /3 County, Texas
V01297 PAGE1$B :4,
WARRANTY DEED WITH VENDOR'S LIEN
•
THE STATE OF TEXAS 1 KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZOS t
That F. W. BERT WHEELER, TRUSTEE
of the County of Harris and State of Texas for and
in consideration of the sum of TEN AND NO /100 ($10.00) DOLLARS
and other valuable consideration to the undersigned paid by the grantee herein named, the receipt of
which is hereby acknowledged, and the further consideration of the execution and delivery by
grantee of its one certain promissory note of even date herewith in the principal
• sum of TWO HUNDRED FIFTY —FIVE THOUSAND TWO HUNDRED SIXTY AND NO /100 DOLLARS i f
i
($255,260.00) payable to the order of grantor in the City of Houston, Texas,
bearing interest as therein provided, containing clauses providing for acceleration II" 4 i
of maturity and for attorney's fees,
E.
1 (;411,1.►
F . . 2 1 L:E
At O'clock I : RY
JUL 2 1979 '''
.
FRANK BORIS IE j ,.
�, amt. t . � ... B n,
B ,
i mat
0-eeri•-• .i I #tket
.
nATE REr,ORDE�f ; ;
t he paytnent of which note is secured by the vendor's hen herein retained, and is additionally secured by a deed of ; . •
trust of even date herewith to KEITH CHURN, JR. Trustee.
• i T.
have GRANTED. SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto
NORTH AMERICAN ENTERPRISES, INC., subject to the reservation hereinafter made, ; } .
of the County of Brazos and State of Texas - , all of the following described real •"
property in Brazos County. Texas, to -wit: i
9.840 acres of land more or less, in the Richard Carter Survey, Abstract No. 8,
Brazos County, Texas more ~
y, particularly described in Exhibit "A" attached hereto
and made a part hereof. bid.
W:., LESS and EXCEPT and there is hereby reserved unto grantor, 'his Successors
and assigns, for the term of the hereinafter described lease, all bonus, royalty,
re *,cal, shut -in royalty and all other payme•its made pursuant to the terms of an oil
and gas lease lease dated June 1, 1977, to Amalgamated Bonanza Petroleum, Ltd., a
7.
memorandum of which lease is filed in Volume 378, Page 325 of the Deed Re. ords of
Brazos County, Texas
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 successors and assigns
forever; and I do hereby bind myself, as Trustee, and my successors and assigns to
WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee , its suc-
cessors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof.
But it is expressly agreed that the VENDOR'S LIEN, as well as the S!'perior Title in and to the above
described premises, is retained against the above described property, premises and improvements until the above
described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof,
when this Deed shall become absolute.
•
• Before me, the undersigned authority, on this day personally appeared F. W. BERT WHEELER
VOl 2 PAGEl
known to me to be the person _ whose name,_.. 38, _subscribed to the foregoing instrument, and acknowledged to ms
that he executed the same for the purposes and consideration therein expressed.and in the capacity therein
stated. A 7 /4 day of Tar L ,A. D. 19 7 �•
Given under my nand and seal of office on this the
N
s1.�4:�.ti ot)c�x,rf #A1?R /S
'+RV� otary Public in and for County, Texts.
• 4+
°
4 ;•
1 �y � r , *
(Acknowledgment)
THE STATE OF TEXAS }
COUNTY OF
Before me, the undersigned authority, on this day personally appeared
known to me to be the person whose name _._ subscribed to the foregoing instrument, and acknowledged to me
that .. he ........ executed the same for the purpose; and consideration therein expressed.
Given under my hard and seal of office on this the day of , A. D. 19
Notary Public in and for County, Texu.
(Acknowledgment)
THE STATE OF TEXAS
COUNTY OF f •
Before me, the undersigned authority, on this day personally appeared •
known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office on this the day of , A. D. 19
Notary Public in and for County, Texas.
(Corporate acknowledgment)
•
THE STATE OF TEXAS
COUNTY OF
•
� a
F. W. (Bert) Wheeler, Trustee 9.840 Acres Tract
Richard Carter League, Abstract No. 8
College Station, Brazos County, Texas
Field notes of a 9.840 acres tract or parcel of land lying
and being situated in the Richard Carter League, Abstract No. 8,
College Station, Brazos County, Texas, and being part of the 171.038
acres tract conveyed to F. W. (Bert) Wheeler, Trustee and described
in the Deed recorded in Volume 271, Page 128, of the Deed Records of
Brazos County, Texas, and being more particularly described as follows:
BEGINNING at an iron pipe found marking the north corner
of the herein described tract, said iron pipe being located at the
point of intersection of the northwest line of the beforementioned
171.038 acres tract and a southeast line of the State Highway No. 6
East Bypass right -of -way, said State Highway No. 6 East Bypass
right -of -way being described in the Quitclaim Deed recorded in Volume
278, Page 263, of the Deed Records of Brazos County, Texas;
THENCE S 43 49' 02" W along a fence found marking the
beforementioned northwest line of the 171.038 acres tract for a
distance of 1610.10 feet to an iron pipe found for corner, said iron
pipe being located in the northwest right -of -way line of Farm -to-
MarkeL Road No. 60 ( University Drive);
THENCE along the beforementioned northwest right -of -way line
of Farm -to- Market Road No. 60 (University Drive) for the following
calls:
N 82 40' 55" E for a distance of 3.70 feet to a concrete
right -of -way marker found for angle point;
N 71 32' 5tS" E for a distance of 300.10 feet to a concrete
right -of -way marker found for angle point;
N 71 30' 27" E for a distance of 267.69 feet to a concrete
right -of -way marker found for angle point;
N 68° 07' 17" E for a distance of 223.06 feet to a concrete
right -of -way marker found for angle point;
N 56° 51' 24" E for a distance of 484.77 feet to a concrete
right -of -way marker found for angle point;
N 53 06' 45" E for a distance of 25.10 feet to a point
for corner, said point being located at or near the south
corner of a 50,069.4 square feet tract out of the before -
mentioned 171.038 acres tract, said 50,069.4 square feet
tract being described in the Deed recorded in Volume 300,
Page 108, of the Deed Records of Brazos County, Texas;
EXHIBIT "A" Page 1 of 1
•
A ,
s.t.4cus J. wouww rw° Assoo.ns. 0 _
(0.60t 1.0 I.s0•41a .nxq nw
•
' w. (Bertj wheeler, Trustee 9.840 Acres Tract
Page 2 +
vo PAG c
THENCE along the common lines of this tract and the before-
mentioned 50,069.4 square feet tract for the following calls:
N 36 57' 39" W for a distance of 235.11 feet to a point
for corner, said point marking the west corner of the
said 50,069.4 square feet tract and an interior ell
corner of the herein described tract;
N 53 06' 38" E for a'distance of 228.09 feet to a
concrete right -of -way marker found for corner, said
concrete right -of -way marker marking the north corner of
• the said 50,069.4 acres tract, said concrete right -of -way
marker marking an east corner of the herein described
• tract, said concrete right -of -way marker being located
in the beforementioned southwest right -of -way line of
State Highway No. 6 East Bypass;
THENCE N 19 04' 31" W along the beforementioned southwest
right -of -way line of the State Highway No. 6 East Bypass for a distance
of 310.46 feet to the PLACE OF BEGINNING, containing 9.840 acres of
• land, more or less.
•
Prepared from survey made under my
supervision in Hay, 1979
? : ` , . /
= ° "g i By:
i
EDSELJ. BURKHART
s- �-- 7-'r Easel urkhart, R.P.E. No. 7496
7496
't t 1( JS / CNAI
It is understood and agreed and it is the intent of the grantor and grantee
that the above described property includes all of that portion of the 171.038
acre tract referred to above.which lies westerly of the West right -of -way line ,f
State Highway 6 - East By -Pass and northerly of the North right -of -way line of 1
University Drive -FM 60, SAVE, LESS and EXCEPT the 1.15 acre tract conveyed to
Humble Oil & Refining Company. The above described property is subject to a
fifteen -foot (15') easement around the boundary of the 1.15 acre tract conveyed
to Humble Oil & Refining Company, and subject to an oil and gas lease dated
June 1, 1977, to Amalgamated Bonanza Petroleum, Ltd., a memorandum of which
is filed in Volume 378 and page 325 of the Deed Records of Brazos County, Texas,
and subject to all zoning laws of the City of College Station, Texas, and
subject to real estate taxes for 1979 and subsequent years not yet due and
payable.
Page 2 of 2
EXHIBIT "A"
srnr.aI J 114./O■ASUN AND AssoOAns. INC
(0•0■A I..6 M[MOM .reeve nav
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,- t - 'tjG+CP GJIri Chi IS?
199
County,,.Texas;.on this •day peraonally.appeared •He. M. Lull, president, and 0,'.R. Dotting -_.
hem, Secretary, oi'..the Texas Town Lot Oompeny, iboth of whom: are known to .me, to be the. per- 1
sone whose names are •eubsoribed to the foregoing' instrument,. and each severally.aoknowledged
to me that he' ex'eouted the 'sane in the oapaoity and for the purposes and considerations
. therein 'stated,' and as the aot and deed of the Texas 'town Lot Company,' I
• ' Given under my hand and seal•of offioa.this the 31st day of July, A.; 193 , i
•. (SEAL)... : M. L. Bush, Notary Publ•to in•and for Barris County, Texas. .'1
• 'The above is a true copy of the 'instrument whioh wan filed for'•reoord on the 9th B • ' _ . • day of August, A.' D. ,1937•, at 11 'o'olook a.m2 and duly reworded on'the 10th day of August, I
' A. D, 1937, .at 10:50 O'olook am:
.m to which I certify.
• . F rank Worsham,, • 0. C. 0. l;, 0. ;�
,. AY J4 i,' ,f2 T. -- ) . Deputy .
• . t j
• RIc*? 0r WAY EAS13 ENT • ; ,
ry .
STAIR OF TEKAS I ." 9 4/ Pt '� 4: ...:-•
! N BY THESE PRESENTS: That -. - -• - .-- and Estate of •
::, COUNTY OF BRAZOS _ I ' KNOW ALL M -
it ... P.. Denaby, deo. )t }s wife,, Of Brazos County, State of Texas, in consideration of the •
aum of One Dollar and other valuable oonsiderations ,,the receipt of whioh is hereby
'acknowledged, "do(es) hereby grant, bargain, sell, warrant and convey unto T Oity of B ry a n, • ,
Texas, a munioipal •Corporation . under the laws .of the 'State of Texas, its suooea'sors and i;:.
assigns, the right,privilege and'easement forever to enter upon the property hereinafter
. desoribed and from time to time, within a right sof way not exoeeding twenty (20) fest .
`...in width, to oonetruot, operate, maintain, patrol, inapeot, servioe,.repair, remove, re- '
• 'looate and reoonatruot, upon, along, across, over and under said property, a line .or. lines
,. for the transmission or distribution of eleotrio. energy,. and also telephone and telegraph . 1.
lines, inoluding, without limitation,' all necessary or convenient•poles,•w,irea, towers,
• • oablea, guy - wired, braoe- poles, anohore, ground oonnootiona, service lines., fixtures and
II
applianoea, together with all rights and privileges necessary or convenient for the full u
udin without limitation, the right to 'trim, out and ;I
:�eri�oymant or use of said linos; inol 6► y
' keep clear all trees, limbs and undergrowth along said lines and•all trees ad)aoent thereto
1 ii
that may, in any way endanger the proper operation of the same, and • the right to enter over
' • • ! 'adjoining lands of the grantors for the purpose . of exercising the•righxa and,privilegea r,•
herein grunted. 1.'
• The above mentioned property is deadribed as follows : All those Three oer�an traota of (
• land'lying and being situated in the RICHARD CARTER league dt Brazos County, Texas, as •;I.: •
••follows: 1
FIRST TRACT: , 148 aore.e of land and being the same traot of and conveyed to H. P d
.'Danaby by D. M. Dansby et al by deed dated loth day of 1903, and being of record !I,
• in Voluble 24, page '597. of the Deed of Brazos, bounty, Texas', 'to whioh deed and 'its
` "'' . • reoord referenoe is here made for a full desoription of land. ' .
°,_;'.:,.. ..SECOND TRACT :..190 aorea of land and being the same tract of land conveyed to H. P. Denaby
• by E. 0. W. Burton at al. by deed ,.dated. 3lst � day of October, 3903, and being of record in . •.I
• :.•Volume 28, page 83 of. the Deed Reoorda of Brazos OOW►ty.Texas, to whioh referenoe is 'here
.'.. made for full. deeoription of said land. : '
:..!..:•:•...,...
j„ THIRD TRACT: 144 aorse of land and being•the game tract of land conveyed to H.. P. Dans-
• TIiI .1:
,.•by by 0. L. Andrews et ux by deed dated 29th day.ot January, 1929,. and being Of record .in r;
Texas
. Volume 73, page 314 .of .the Peed Records of Brazos County, , to whioh. referenoe is• here r � •
.' made for Lull desoription: said land. • ' . $
R
. .. ems. 1/
_.... _ a 6,..,,..w :.
.,.. . L7.Zi . ..
..,. a'.. ...
.. ... . . . -1 , '... ....
l ..
• 2, na
in
- t ' . ? <„ h+rk d' ANub`r� ;$ t � y � .r.. .t 7 .'"
w . ''' nn .t t , .��.,, ..
� k '" ` .s � ' � a$ y �:<t ' � ti � t .� .. • . :: .. • , • • . • . ,;�� r� w. f+ d7+ r d s 1 a v .. • y s , • t y � n�' G'� r 4 • v4 � � •
t
' t* . i K w is e. �,8 s 1 �' r ✓.
,).,, x . ,, .., TO RAVE' AND TO BOLD said easement, .'together with all and singular he rights end.
.:K . privileges appertaining thereto,` unto the said,City of Bryan,•Texaa, its suooeesora and
!,• assigns forever:
k
Said grantors oovenant •and warrant',that they are •lawfully seized and possessed•
• o f all of the property desoribed above, that they have good right and.lawful authority
' ",4 • to *envoy said easement for the purposes herein expressed. and that eaid property is free •
and olear df °any deed of trust, mortgage, lien, charge •or enounibrgnoe thereon affecting •
,M naid,easement,'exoept"taxes or aaseseniehta "not yet due. •• " •
.'Witness our hands and seals this 20 day of April 1937.
. H. P. Dansby Eat. (Seal) • (By Norman • 3. Dansby) " • •
."STATE O? TEXAS • 1 •
d ••COUNTY or • • 1 .Before me., the' undersigned authority, On this day . • •
r Da ab eat. known to me to be the person
p •• ' • personally appeared Noncan J. DanAby of H. P. , �► y , .. the
r , tohe....
,z whose novae instrument,- is subscribed .to the foregoing atrument. and acknowledged: me that
j exeouted the some for the purposes and ooneideration therein expressed." • 1 OiVen under. my • hand 'and • seal • of offioe this the 20 day of. April,. 193?
Charles S. Myers, Notary Pub11o,•:• ,
3 t {SEAL) .
Brazos • Cotuityi Texas.
'j af... The above is a true copy of the original instrument which was filed for•reoord on the
u % day of August, A. D. 193?,.at 2 o'olook p.m. and duly regOrdedon the 10th day of .
`,•August, A.•D, 1937, at 11t10. 0°104 a.m.. to whioh I certify.•• '.
?rank Worsham ®r, C.. 0. B..
•'..' . i • ......„ • • .'• By. I ear" � _ Al � - Deputy •
THE .'JTATE 01 TEXAS • • 1 : • . .' ` .. • r:•
COUNTY 0! BRAZOS 1 Wfl REAS, on. the 2dth day of ' lenu ry; •1937'. Brune L. We rwiok • •
,.: .and ?lorenos Bogle Warwiok, nuebprid and wit., exeouted and delivered to C. H. Andrews .
• - :'their oertain asthenia's and materialmen'e lien note for the sum of, TWENTY.EIORT' %IUNDRED • '1 & N0 /100 Dollars, secured by a me* lien on, the following described real estate;
Lots SEVEN (7)'and EIGHT (8),,in'the H. R. O of Lots One (1) and
4 lour (4) Blook BSVENTETa1 (17), •Phillips Addition to the City of Bryan, 'Brazos County,'
' A - Texas. Said note and lien being transferred •aril assigned to the 0. 3.'Pnrker'Lumber •
.Company by the said 0. H. Andrews, all shows: by Transfer• recorded in Volume 93, page 38,
Deed Records of Brazos County, ;Texas'.
` • Said meohanio' a lien oontraot is reoorded in Volume ' "H" page 45', of .the.' iieohanio's. Lien
Reoords of Brazos• County, 'Texas, hereby referred to for all :pyrposes.• '. •
And, whereas, the said note and lien is now the property. of the undersigned, ,'
• who .is the legal holder' and' owner of same; •
Now, therefore., Know'all men. by these presents: That I ('oz': we) , 0, .S.: Parker
"` "Lumber Company for and in consideration •of the amount due 'thereon and. ONE AND NQ/100"
•••; • ( *1.00) DOLLARS to me in.hand'paid by Bryan Building and Loan Asaooiation have sold,. ,
,assigned, transferred, set' over, and oonveyed,'aid do hereby sell, assign, transfer, set
over, and oonvey without reoourse to the said The Bryan Building and Loan Association the.
,.said desoribed meohanio lien note, together with said lien and.all the title held by me
'':•s.'•':, .•
.'. in said land. and real estate and improvements thereon by virtue of be the holder• and`
, ••• ". owner of said meohsaio' a ilea note . . • ;' TO HAVE AND TO HOLD the same unto the said The Bryan Building and Loan Assooie►- r;'
• • tion its nlooeeeore.;and ase1gne. toreTer�
Doc Bk Vol €gin
10820143 OR 5416 34
BILL PI RETURN URi TO:
8 A.i OS COUNTY ABSTRACT COMPANY
GFir
CIAL WARRANTY DEED WITH VENDOR'S LIEN
DATE: June 2 , 2003
GRANTOR: CSI ASSOCIATES, a Texas general partnership
GRANTOR'S MAILING ADDRESS:
18377 Beach Boulevard, Suite 106
Huntington Beach, California 92648
GRANTEE: GATEWAY CARWASH PARTNERS, LTD., a Texas limited partnership
GRANTEE'S MAILING ADDRESS:
59 Monterrey Court
Montgomery, Texas 77356
CONSIDERATION: TEN AND NO /100 DOLLARS ($10.00) and a note of even date that
is in the principal amount of THREE HUNDRED SIX THOUSAND
THIRTY -FIVE AND 13/100 DOLLARS ($306,035.13) and is
executed by Grantee, payable to the order of COMPASS BANK. The
note is secured by a vendor's lien retained in favor of COMPASS
BANK in this deed and by a deed of trust of even date from Grantee to
BEN HAYES RIGGS, Trustee.
PROPERTY (INCLUDING ANY IMPROVEMENTS):
Being all those certain lots, tracts or parcels of land lying and being situated in
Brazos County, Texas and being Lots Two RB (2RB) and Two RD (2RD),
Block One (1), GATEWAY SUBDIVISION, an addition to the City of College
Station, Texas, according to replat recorded in Volume 5390, page 294,
Official Records of Brazos County, Texas.
GRANTOR grants, bargains, sells and conveys to GRANTEE a perpetual, non
exclusive thirty (30') foot easement and right -of -way for the purpose of
providing pedestrian, car and light truck ingress and egress over and across the
southernmost thirty (30') feet of lots 2RA C rom the southeastern
corner of Lot 2RC and extending mg o e easement designated
on the plat as a 30' private access and public utility easement established in
Volume 3663, page 313, Official Records of Brazos County, Texas. Said
easement granted herein shall be appurtenant to, and shall run with, title to lots
2RB, 2RD and 2RE whether or not referenced in any conveyance of the said
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001320143 OR 5416 35
lots. The Grantee shall bear all costs of initial development and subsequent
reasonable maintenance of the easement property to ensure reasonable ingress
and egress to and from the easement established in Volume 3663, page 313,
Official Records of Brazos County, Texas and the Highway 6 feeder road.
This granted easement shall not be used for parking or be obstructed in any
way.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
(1) Easements, or claims of easements, which are not recorded in the
public records.
(2) Easements and as shown of record on replat of Gateway Subdivision,
recorded in Volume 5390, page 294, Official Records of Brazos
County, Texas.
(3) Easement from H.P. Dansby Estate to City of Bryan, dated April 20,
1937, recorded in Volume 94, page 199, Deed Records of Brazos
County, Texas.
(4) Certain fill rights along the boundary of the adjoining 50,069.4 square
foot tract formerly owned by Humble Oil & Refining Company
covering a strip approximately 15 feet wide as set out in the Deed
from F.W. Bert Wheeler, Trustee to Humble Oil & Refining
Company, dated December 23, 1971, recorded in Volume 300, page
108, Deed Records of Brazos County, Texas.
(5) 15' easement around the boundary of the 1.15 acre tract formerly
owned by Humble Oil & Refining Company as set out in the Deed
from F.W. Bert Wheeler, Trustee to North American Enterprises,
Inc., dated June 27, 1979, recorded in Volume 427, page 188, Deed
Records of Brazos County, Texas.
(6) Reservation of anon- exclusive easement for surface water drainage
on, over and across the property in Deed from Delmar Baronhead I,
Ltd. to CSI Associates, dated December 21, 1999, recorded in
Volume 3694, page 79, Official Records of Brazos County, Texas.
(7) Reservation of a non - exclusive, perpetual easement for the purposes
of vehicular and pedestrian ingress and egress and passage to and
from adjoining lands and adjoining public roads and ways, on, over
and across the property in Deed from Delmar Baronhead I, Ltd. to
2
Doc Bk V
•
` 00820143 OR 5416 3Es
CSI Associates, dated December 21, 1999, recorded in Volume 3694,
page 79, Official Records of Brazos County, Texas.
(8) Mineral reservation in Deed from CSI Associates to Delmar
Baronhead I, Ltd., dated September 30, 1998, recorded in Volume
3272, page 63, Official Records of Brazos County, Texas.
(9) Estate created by Oil and Gas Lease from CSI Associates to INCO Oil
Corporation, dated February 13, 1992, recorded in Volume 1520,
page 157, Official Records of Brazos County, Texas.
(10) All oil, gas and other minerals in and under the herein described
property, together with any rights of ingress and egress, mining or
drilling privileges heretofore reserved or conveyed by predecessors
in title, and not referenced above as an exception to conveyance and
warranty.
(11) GRANTOR hereby retains for itself, its successors and assigns a non -
exclusive thirty (30') foot easement and right -of -way for the purpose
of providing pedestrian, car and light truck ingress and egress over
and across the southeastern portion of the property made the subject
of this conveyance, said easement being identified as Variable Width
Private Access Easement on the plat of record at Volume 5390, page
294, Official Records of Brazos County, Texas. Said retained
easement shnll be appurtenant to, and shall run with, title to lots 2RA
and 2RC, whether or not referenced in any conveyance of the said
lots. The easement is perpetual and Grantee, its successors and
assigns shall bear all costs of initial development and subsequent
reasonable maintenance of the easement property to ensure
reasonable ingress and egress to and from the benefited lots and
Highway 6 feeder road. This easement shall not be used for parking
or be obstructed in any way.
Grantor, for the consideration and subject to the reservations from and 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 wise belonging, to have and hold it to Grantee,
Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor hereby binds
Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend
all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors,
and assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof, except as to the reservations from and exceptions to warranty, when the claim is by, through
or under Grantor but not otherwise.
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00820143 OR 5416 37
The vendor's lien against and superior title to the property are retained until each note
described is fully paid according to its terms, at which time this deed shall become absolute.
COMPASS BANK at Grantee's request has paid in cash to Grantor that portion of the
purchase price of the property that is evidenced by the note described. The vendor's lien and
superior title to the property are transferred to that party without recourse on Grantor.
When the context requires, singular nouns and pronouns include the plural.
CSI ASSOCIATES, a Texas General Partnership
BY:
SAMUEL ST ANG, nera er
THE STATE OF LOUISIANA ' §
PARISH OF L.A� a ye1-;ti §
This instrument was acknowledged before me on the 42 day alum, 2003, by SAMUEL ST
HUANG, General Partner of CSI ASSOCIATES, a Texas General Partnership, on behalf of said
general partnership.
1 z� �,���� . ,
p l ai
Notary ' blic, State of Lou z '�, , f *
Printed Name: .A vn . AT- f �� ` P . . i z ` :, �• s t
Commission Expires: Aq , "
PREPARED BY: `i ' ` - ` .if-g
f s.
i
ty . P � ,
TOM GIESENSCHLAG '; `kt �I
-
418 Tarrow ' �, x; '
Ck
College Station, TX. 77840
(TG /cab /138030)
R
AFTER RECORDING, RETURN TO: c, _ e _ -, n es '
BRAZOS COUNTY ABSTRACT COMPANY '" g......4; g t.: "' �"
P.O. Box 4704 N ' C n
IS 1 11'1
Bryan, Texas 77805 G ° _ °* q
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