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I ' EXCHANGE WARRANTY DEED 643616 .,
THE STATE OF TEXAS $ FILED
I KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF BRAZOS .
91N9V 19 PM 4: 28
DATE November 17, 1997 ... ,-
/fel ../...',.. Lc •-• .-...:. CLERK 7 .
GRANTOR: MBO, Corp., a Florida corporadon briAz.:is cc, I HOUSE :- 4
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GRANTOR'S MAILING ADDRESS: 7077 Bonneval Road, Suite 600
Jacksonville, Florida 32216
GRANTEE: RAY WALKER, TRUSTEE
GRANTEE'S MAILING ADDRESS: 5500 Post Oak Blvd., Suite 350 ,I,
Houston, Texas 77027
CONSIDERATION:
In consideration of the receipt of a 2.650 acre tract or parcel of land and a 0.900 acre tract of land,
respectively, lying and being situated in Brazos County, Texas, and being a portion of Lot Three (3), Block (te
One (1), MELROSE SUBDIVISION, a subdivision in the City of College Station, Texas, and being more A _
particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated by reference
herein ("Exchange Property" herein) given by the Grantee herein named, the receipt of which is hereby
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acknowledged.
PROPERTY: , , ?,•
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Being those certain lots, tracts or parcels of land lying and being situated in the MELROSE SUBDIVISION,
a Subdivision in the City of College Station, Texas, and being more particularly described by metes and . •
bounds in Exhibit "B" attached hereto and incorporated by reference herein rProperty" herein). • i
EXCEPTIONS TO CONVEYANCE:
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1. Taxes for the year 1998 and all subsequent years, the payment of which Grantee assumes. -.
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2. Easements as shown of record on plat of Melrose Subdivision, recorded in Volume 2970, Page 211,
Official Records of Brazos County, Texas.
3. Right-of-way Easement from MBO Corporation to The City of Bryan, dated November 4, 1997, recorded in
Volume 2970. Page 163, Official Records of Brazos County, Texas (Tracts One and Two).
i 4. That portion of subject property dedicated for ROW as shown on Plat of Melrose Subdivision, recorded in •
Volume 2970, page 211, Official Records of Brazos County, Texas (Tracts Two and Three).
5. Mineral reservation in Deed from Paul K. Woods, et ux, to MBO Corporation, dated May 24, 1996,
recorded in Volume 2611, page 256, Official Records of Brazos County, Texas. ..1
6. Estate created by Oil and Gas Lease from Paul- K. Woods, et ux, to Union Pacific Resources, dated
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October 9, 1996, recorded in Volume 2725, Page 283, Official Records of Brazos County, Texas.
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Exchange Warranty Deed page I i
OF *129470 'r
VL 29783:4 316 .
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• This Exchange Warranty Deed has been executed by Grantor on the date of the taking of Its acknowledgment, but `"
the effective date of this Exchange Warranty Deed shall be deemed to be November 17, 1997, for all purposes and It shall
be effective as of that date.
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By: �.N-. •
DAVID =. OWEN, Executive Vice- Presi'ent ' ,
THE STATE OF TEXAS § (AC. 0 WLEDGMENT) ,
COUNTY OF BRAZOS §
This instrument was acknowledged befo - r - is •f • ber, 1997, by DAVID B. OWEN, !;
Executive Vice - President of MBO Corp., a Flori • a co •,. ratio ' ' beh= said co • - tion. i
, ' A B ARBARA GIESENSCHLAG ���' .z. • d • /a ; ;
1, Not$ PuD' $tai M T. $ ` = ublic, State of T as
i ' /�� 6M Comms+a^Exolh: �,
SEPTEMBER 30 2000
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AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
Brazos County Abstract Company Rodgers, Miller & Ellison, P.C. 1
418 Tarrow 4444 Carter Creek, Suite 208
College Station, Texas 77840 Bryan, Texas 77802
EXCHANGE WARRANTY DEED
MBO CORP., a Florida Corporation : "`
TO G
RAY WALKER, TRUSTEE ' W--':
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Exchange Warranty Deed pope 3 ,
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TRACT ONE: •
1 Being all that certain lot, tract or
parce
situated in Brazos County. Texas, and being l of land lying and being
a • (3), Biotic One (1). MELROSE SUBDIVISION. asubdivision of
f College Station, Texas, according to plat recorded in volume 2970.
page 211, Official Records of Brazos County, Texas, and being more
particularly described by metes and bound as follows:
BEGINNING, at a 3/5' iron rod found in the southerly line of Luther
Street, same being the common northerly corner of said 3.500 acres
and a called 21.93 acre tract of land conveyed to Cayuse Limited by
deed of record in Volume 333. page 766 of said Oeed Records and the
northeasterly corner hereof:
THENCE, S 46' 09' 41' E. along the common line of said 3.500 acres'
• and said 21.93 acres. a distance of 592.60 feet to the point of
curvature of a non tangent curve to the right for the southeasterly
corner hereof, from which a 1/2' iron rod found at the southeasterly
corner of said 3.500 acres bears S 46' 09 41' E. a distance of
224.54 feet;
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i THENCE, leaving said common line, over and across said 3.500 acres.
the following three (3) courses and distances:
1 1) Along said non - tangent curve to the right having a radius of
129.00 feet, a central angle of 5' 58' 52'. an arc length of 13.47
feet and a chord which bears N 83' 00 42' W. a.distance of 13.46
feet to the end of said curve;
2) S 13' 19' 13" W. a distance of 84.27 feet to an an le
3 ) S 44' 11 33' U, a distance of 108.75 feet to a 9 point:
easterly line of a called 5.941 acre tract of land conveyed ito in the Corporation by deed of record in Volume 2611, Page 256 of said Deed
Records same being the westerly line of said 3.500 acres and the
southwesterly corner hereof;
THENCE, N 45' 47' 15' W, along the common line of said 3.500 acres
and said 5.941 acres, a distance of 626.95 feet to a 1/2• iron rod
set in the southerly line of Luther Street. same being the common
t northerly corner of said 3.500 acres and said 5.941 acres and the
THENCE. N 44' 45'. 39' E. $ same being the northerly line � of hs aid 3.500 dis
185.35 feet to the POINT OF BEGINNING, containing an area of 2.650
a acres (115,430 sq. ft.) of land. more or less, within these metes and
bounds.
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TRACT TWO:
• Being all that certain lot. tract or parcel of land lying and being 4
situated in Brazos County. Texas, and being + portion of.Lot Throe r !
(3). Block One (1). MELROSE SUBDIVISION, a subdivision in the City of : , ' f
College Station. Texas. according to plat recorded in Volume 2970..
page 211. Official Records of Brazos County. Texas. and being more .i 3
particularly described by metes and bounds as follows:
BEGINNING, at a 1/2' iron rod found at the southeasterly corner of
said 3.500 acres, same being an angle Point in the irregular westerly
line of a called 21.93 acre tract of land conveyed to Cayuse Limited i
by deed of record in Volume 333, page 766 of said Deed Records and
the southeasterly corner hereof: , :.,
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THENCE. $ 41' 33. 04' U, along the common line of said 3.500 acres t
and said 21.93 acres, a distance. of 190.88 feet to a 1/2` iron rod
set at the common westerly corner of said 3.500 acres and said 21.93
acres, same being the easterly line of a called 5.941 acre tract of
land conveyed to M80 Corporation by deed of record in Volume 2611.
page 256 of said Deed Records fore southwesterly corner hereof:,
THENCE. N 45' 47' 15' w, along the common line of said 3.500 acres
and said 5.941 acres, a distance of 200.61 feet to the northwesterly ,
corner hereof. from which a 1/2' iron rod set in the southerly line
of Luther Street (R.O.W. varies) at the common northerly corner of
said 3.500 acres and said 5.941 acres bears N 45' 47' 15' W. a 4
• distance of 626.95 feet:
THENCE. leaving said common line, over and across acid 3.500 acres.
the following three (3) courses and distances: i
1) 14 11' 33' E. a distance of 108.75 feet to an angle
point:
2) N 13' 19' 13' E. a distance of 84.27 feet to the point of
curvature of a non - tangent curve to the left: 4
3) Along said non - tangent curve to the left having a radius of
129.00 feet, a central angle of 05' 58 52'. an arc length of 13.47 , +
feet and a chord which bears S 83' 00' 42' E. a distance of 13.46 - 4 '-, Y i
feet to a point in the westerly line of said 21.93 acres. same being .
the easterly line of said 3.500 acres and the northeasterly corner
hereof. from which a 3/8' iron rod found in the southerly line of ;
Luther Street at the common northerly corner of said 3.500 acres and T
said 21.93 acres bears N 46' 09' 41' U. a distance of 592.60 feet; • ,
THENCE. S 46' 09 41' E. along the common line of said 3.500 acres
and said 21.93 acres. a distance of 224.54 feet to the POINT OF
BEGINNING, containing an area of 0 .900 acres (39.204 sq. ft.) of
land, more or less. within these metes and bounds.
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TRACT ONE: •
Being all that certain lot. tract or parcel of land lying and being
situated in Brazos County, Texas, and being a portion of Lot One (1).
Block One (1). MELROSE SUBDIVISION. a subdivision in the City of
College Station, Texas. according to plat recorded in Volume 2970,
page 211. Official Records of Brazos County, Texas, and being more
particularly described by metes and bounds as follows: •
COMMENCING, at a 1/2' iron rod found in the southerly line of Luther
Street (R.O.W_ varies) same being the common northerly corner of said
5.968 acres and a called 1 acre tract of land conveyed to Marlon C.
Williams and wife, Janice Williams by deed of record in volume 999.
page 138 of said Deed Rc,c:ords;
THENCE, N 44' 45 39' E. along the southerly line of Luther. Street
same being the northerly line of said 5.968 acres, a distance of
. 60.00 feet to the POINT OF BEGINNING. and northwesterly corner F!
hereof; •
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THENCE, N 44 39' E, along the southerly line of said Luther
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Street same being the northerly line hereof, a distance of 50.00 feet
to the northeasterly corner hereof;
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THENCE; leaving the southerly line of Luther Street, over and across
said 5.965 acres the following three (3) courses and distances: ±j
• 1)• S 45' 45' 51' E. a distance of 706.35 feet to the
southeasterly corner hereof;
2) 5 43' 38 17' U. a distance of 50.00 feet to the , ]
.southwesterly corner hereof;
3) N 45 45' 51' U. es:distance of 707.33 feet to the POINT OF 1
BEGINNING. containing an area of 0.811 acres (35,342 sq. ft.) of
land. more or less, within these sotes and bounds.
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EXHIBIT B
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1 TRACT T TWO I
I ;iI Being all that certain lot, tract or par4e1 of land lying and being
1 f situated in Brazos County. Texas. and being a portion of Lots One (1)
and Two (2), Block One (1). MELROSE SUBDIVISION. a subdivision in the
!1' City of College Station. Texas. according to plat recorded in Volume
2970. page 211, Official Records of Brazos County. Texas. and being
'i more particularly described by metes and bounds as follows:
, BEGINNING at a 1/2' iron rod found in the northerly line of a tract f
of l and conveyed to Harry Gorzycki by deed of record in Volume 81.
i page 186 of said Deed Records, same being the common southerly corner •
of said 5.968 acres and a called 6.21 acre tract of land conveyed to
Travis L. Williams and wife. Helen Jean Williams by deed of record in
Volume 433. page 42 of said Deed Records
i; THENCE. N 45' 45' 51' W, along the common'line of said 5.968 acres
,; and said 6.21 acres, a distance of 477.77 feet to the northwesterly ::.
i corner hereof:
it TH N 43' 38' 17' E. leaving said common line over and across• •
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said 5.968 acres and said 5.941 acres. a distance of 439.21 feet to a
' point in the westerly line of a called 3.500 acre tract of land
h conveyed to Ray A. Walker. Trustee by d of reco in Volume 1536.
page 280 of said Deed Records for the northeasterly corner hereof:
T S 47' 15' E. part along the westerly line i
HENCE, 4' 4' it on weterl of sad
3.500 acres and the westerly line of a dee called 21.93 rd acre tract of
Iki land conveyed to Cayuse Limited by deed of record in Volume 333, page
+ 766 of said Deed Records. same being the easterly line of said 5.941
acres. passing at a distance of 127.86 feet a 1/2' iron rod set at
1 } ' the southeasterly corner of said 3.500 acres and continuing for a
total distance of 477.77 feet to a 1/2' iron rod set in the northerly
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line of Walden Pond Townhomes, a 21.69 acre subdivision of record in
, Volume 669, page 661 of said Deed Records, same being the common
southerly corner of said 5.941 acres and aid 21.93 acres and the
I' southeasterly corner hereof:
38' ' northerly line of said
� THENCE, 5 43' 38 17' W. in part along the
Walden Pond Townhomes, in part along the southerly line of said 5.941
acres and said 5.968 acre tract and also in part along the northerly
line of said Gorzycki Tract. a distance of 439.41 feet to the POINT
3 la EGINNIG,
more less, within n these metes8anda (209,879 sq. ft.) of area of 4.18 bounds ?
I i land.
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V0.'� PASE 322
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EXCHANGE WARRANTY DEED 643616 '
THE STATE OF TEXAS § F FD
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF BRAZOS § 41 Nt1y t ? PM 4: 28 •.• .
DATE November 17, 1997 .
GRANTOR: MBO, Corp., a Florida corporation 6k „Zu: c c _,. i Y rl•. !HOUSE ..
NJ. .
GRANTOR'S MAILING ADDRESS: 7077 Bonneval Road, Suite 600 9y ut Fu i r
Jacksonville, Florida 32216 •
GRANTEE: RAY WALKER, TRUSTEE
GRANTEE'S MAILING ADDRESS: 5500 Post Oak Blvd.. Suite 350
Houston, Texas 77027 '
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CONSIDERATION: <, c
In consideration of the receipt of a 2.650 acre tract or parcel of land and a 0.900 acre tract of land, •' ":
respectively, Tying and being situated in Brazos County, Texas, and being a portion of Lot Throe (3), Block ? ''
One (1). MELROSE SUBDIVISION, a subdivision in the City of College Station, Texas. and being more
particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated by reference i
herein ( "Exchange Property" heroin) given by the Grantee herein named, the receipt of which is hereby 1
acknowledged.
PROPERTY: .
Being those certain lots. tracts or parcels of land lying and being situated in the MELROSE SUBDIVISION, : 1
a Subdivision in the City of College Station, Texas, and being more particularly described by metes and
bounds in Exhibit "B” attached hereto and incorporated by reference herein ( "Property" herein). .
EXCEPTIONS TO CONVEYANCE: "'
1. Taxes for the year 1998 and all subsequent years, the payment of which Grantee assumes. -
2. Easements as shown of record on plat of Melrose Subdivision, recorded in Volume 2970, Page 211,
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Official Records of Brazos County, Texas. `
3. Right - of-way Easement from MBO Corporation to The City of Bryan, dated November 4. 1997, recorded in
Volume 2970, Page 163. Official Records of Brazos County, Texas (Tracts One and Two). i
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Plat 4. That portion of subject property dedicated for ROW as shown on at of Melrose Subdivision, recorded In .• i
d Thre
Volume 2970, page 211, Official Records of Brazos County, Texas (Tracts Two ane).
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5. Mineral reservation in Deed from Paul K Woods, et ux, to MBO Corporation, dated May 24, 1996,
recorded in Volume 2611, page 256. Official Records of Brazos County, Texas. t
6. Estate created by Oil and Gas Lease from Paul•K Woods, et ux. to Union Pacific Resources, dated {.''
October 9, 1996. recorded in Volume 2725, Page 283, Official Records of Brazos County, Texas.
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Exchange Warranty Deed page • .. 1
CIF 01210470
2 978� A,� 316
VOL :'
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. RESERVATIONS FROM CONVEYANCE:
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1. SAVE AND EXCEPT, and there is hereby reserved unto Grantor, its successors and assigns, all oil, gas
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and other minerals that it now owns, in, on, under, and that may be produced from the herein described
property, provided however that (1) Grantor herein waives for itself, its successors and assigns, all rights
I of every kind and character with the respect to the surface of the herein described property; (2) Grantor,
I its successors and assigns, shall not have any rights of ingress and egress to the surface of the herein
i ' described property for any purpose; and (3) such mineral estate hereby reserved may be developed
and/or explored only by pooling or directional drilling. Notwithstanding any provision to the contrary
I. contained herein, Grantor, for itself, its legal representatives, successors, and assigns, covenants and
agrees that any exercise of such rights to any such minerals or interest or a realization of any interest
therein, shall not in any way interfere with the utilization of the surface of the Property or impair the
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subjacent support of the Property and /or any improvements now or hereafter erected thereon.
2. For Grantor and Grantors successors and assigns, in common with the public and Grantee and Grantee's
successors and assigns; a reservation out of Tracts One and Two of Exhibit B of a twenty foot (20') public
utility easement along a strip of such tracts adjacent to and contiguous with the westemmost boundary of
Tract One of Exhibit B: The exact location of the twenty foot (20') public utility easement will be platted in
accordance with the subdivision ordinances and statutes and filed in the Official Records of Brazos
County, Texas. Grantee, by acceptance of this deed, agrees to join in the execution of such subdivision
plat.
3. For Grantor and Grantors successors and assigns, a reservation of a non -exclusive right out of Tract One
of Exhibit B of the free, uninterrupted, and perpetual use of such tract for the purposes of ingress and
egress and drainage. This easement shall benefit the Grantors contiguous land Tying east and west of
Tract One and shall be appurtenant to such land. Grantor's easement rights may not interfere with the
use and enjoyment of Tract One by Grantee for ingress and egress. Grantee and his heirs, successors
and assigns may not construct on Tract One any vertical improvements or other improvements that would
impair the easement rights herein reserved by Grantor for itself, its successors and assigns. Grantor and
Grantee, their heirs, successors and assigns shall share the expenses of maintaining the easement area
and any roadway constructed by Grantee, his heirs, successors and assigns. Expenses shaU be equitably
prorated based upon the number of vehicles using the easement area to access Grantee's and Grantor's
respective contiguous tracts. The respective rights and obligations of the parties contained in this
reservation shall be appurtenant to and run with the tracts of land which are (i) now owned by Grantor and
Grantee; and (ii) adjacent and contiguous to Tract One.
In connection with the Exchange Property being conveyed by Grantee for the Property herein conveyed.
Grantor, its successors and assigns, hereby waives as between Grantor and Grantee any and all implied liens or interest,
including, without limitation, any and all Vendor's liens and/or Superior Title, with respect to the Property and any and all
rights of rescission and similar rights arising out of or as a result of any defects in the title to the Exchange Property, and
Grantor, its successors and assigns, also waives as between Grantor and Grantee any and all owelty which may have or
to which Grantor may be entitled as a result of the exchange transaction involving the Property and the Exchange
Property.
Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty,
grants, sells, and conveys to Grantee the ro sing rig appurtenances thereto in
any wise belonging, to have and hold it to Grantee, Grantees heirs, executors, s the administrators, successors, or assigns
forever. Grantor binds Grantor and Grantor's executors, administrators, successors and assigns to warrant and forever
defend all and singular the property to Grantee and Grantee's hews, executors,
against every person whomsoever lawful claiming successors, he and assigns
lawfully or to claim the same or any part thereof except as to the reservations from and exceptions to conveyance and warranty.
When the context requires, singular nouns and pronouns include the plural.
Exchange Warranty Deed
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. This Exchange Warranty Deed has been executed by Grantor on the date of the taking of Its acknowledgment, but - . �
the effective date of this Exchange Warranty Deed shad be deemed to be November 17, 1997, for all purposes and k shall
be effective as of that date. { `
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M I r' !i n ' --
By:
DAVID . OWEN, Executive Vice -Pres ent -� 6 , '
THE STATE OF TEXAS § (AC . • WLEDGMENT) ''- .
COUNTY OF BRAZOS §
This instrument was acknowledged befo - x ib , 1 ., ber, 1997. by DAVID B. OWEN, :t , -
Executive Vice - President of MBO Corp., a F a co • ratio • beh. id - tan.
ji) 1 .� =• BARBARA GIESENSCNLAG , App.• ' C - a
i 1 i, H semofM `o� bli State of T -s � .
I , ,'\ kw m 7
OEPTEMOER 09 2000 , '
AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: _t
Brazos County Abstract Company Rodgers, Miller & Ellison, P.C. "' '.
418 Tarrow 4444 Carter Creek, Suite 208 i
College Station, Texas 77840 Bryan, Texas 77802 1 '4.
EXCHANGE WARRANTY DEED - `
MBO CORP., a Florida Corporation .
TO • .� `
RAY WALKER, TRUSTEE
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s TRACT ONE:
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Being all that certain lot, tract or parcel of land lying and being
situated in Brazos County, Texas, and being a portion of Lot Three
• (3), Block One (1). MELROSE SUBDIVISION, a subdivision in the City of
j College Station, Texas, according to plat recorded in Volume 2970,
page 211, Official Records of Brazos County, Texas, and being more
particularly described by metes and bounds as follows:
i I
BEGINNING, at a 318" iron rod found in the southerly line of Luther
Street, same being the common northerly corner of said 3.500 acres
and a called 21.93 acre tract of land conveyed to Cayuse Limited by
deed of record in Volume 333, page 766 of said Deed Records and the
northeasterly corner hereof;
THENCE, 5 46' 09. 41' E. along the common line of said 3.500 acres'
• and said 21.93 acres, a distance of 592.60 feet to the point of
curvature of a non - tangent curve to the right for the southeasterly
corner hereof, from which a 1/2' iron rod found at the southeasterly
corner of said 3.500 acres bears S 46' 09' 41' E. a distance of
224.54 feet;
THENCE, leaving said common line, over and across said 3.500 acres,
the following three (3) courses and distances:
1 ) Along said non - tangent curve to the right having a radius of
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129.00 feet, a central angle of 5' 58 52', an arc length of 13.47
feet and a chord which bears N 83' 00' 42' U. a.distance of 13.46
• feet to the end of said curve;
2) S 13' 19' 13• W. a distance of 84.27 feet to an an le
3) $ 44' 11' 33' U, a distance of 108.75 feet to a g point;
easterly line of a called 5.941 acre tract of land conveyed *188Othe
Corporation by deed of record in Volume 2611, page 256 of said Deed
Records same being the westerly line of said 3.500 acres and the
1 southwesterly corner hereof:
THENCE. N 45 47. 15' W. along the common line of said 3.500 acres
and said 5.941 acres, a distance of 626.95 feet to•a 1/2' iron rod
set in the southerly line of Luther Street, same being the common •
northerly corner of said 3.500 acres and said 5.941 acres and the
THENCE. N 44" 45•. 39' E. along th
t same being the northerly line of said 3 500 �a distance Street
185.35 feet to the POINT OF BEGINNING, containing an area of 2.650
acres (115,430 aq, ft.) of land
more or less, within these metes and
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TRACT TIJO _ and being
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Being all that certain lot, tract or parcel of land lying - e �
situated in Brazos County. Texas. and being a portion of.Lot Three `;
(3). Block One (1). MELROSE SUBDIVISION. a subdivision in the City of f
College Station. Texas. according to plat recorded in Volume 2970..
page 211. Official Records of Brazos County. Texas. and being more f
particularly described by metes and bounds as follows: •
BEGINNING. at a 1/2' iron rod found at the southeasterly corner of z.
said 3.500 acres, same being an angle point in the irregular westerly
line of a called 21.93 acre tract of land conveyed to Cayuse Limited j
by deed of record in Volume 333, page 766 of said Deed Records and
the southeasterly corner hereof: ,
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THENCE. 5 41 33' 04' U, along the common line of said 3.500 acres
and said 21.93 acres, a distance. of 190.88 feet to a 1/2' iron rod
set at the common westerly corner of said 3.500 acres and said 21.93 .
acres. same being the easterly line of a called 5.941 acre tract of
land conveyed to MBO Corporation by deed of record in Volume 2611.
page 256 of said Deed Records for fjle southwesterly corner hereof:,
THENCE. N 45' 47' 15' U. along the common line of said 3.500 acres
and said 5.941 acres. a distance of 200.61 feet to the northwesterly
corner hereof. from which a 1/2' iron rod set in the southerly line
of Luther Street (R.O.W. varies) at the common northerly corner of
said 3.500 acres and said 5.941 acres bears N 45' 47' 15' U. a
distance of 626.95 feet;
THENCE, leaving said common line. over and across said 3.500 acres,
the following three (3) courses and distances: :j
1) N'44' 11' 33' E. a distance of 108.75 feet to an angle
Point:
2) N 13' 19' 13' E. a distance of 84.27 feet to the point of
curvature of a non-tangent curve to the left:
3) Along said non-tangent curve to the left having a radius of
129.00 feet. a central angle of 05 58' 52'. an arc length of 13.47 L
feet and a chord which bears 5 83' 00' 42' E. a distance of 13.46 i
feet to a Point in the westerly line of said 21.93 acres. same being
the easterly line of said 3.500 acres and the northeasterly corner }
hereof, from which a 3/8' iron rod found in the southerly line of
Luther Street at the common northerly corner of said 3.500 acres and I
said 21.93 acres bears N 46 09' 41' U. a distance of 592.60 feet;
THENCE. 5 46' 09' 41" E. along the common line of said 3.500 acr I
and said 21.93 acres. a distance of 224.54 feet to the POINT OF t
BEGINNING. containing an area of 0.900 acres (39,204 sq. ft.) of
land, more or less. within these metes and bounds. 11 1
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TRACT ONE: A .
Being all that certain lot. tract or parcel of land lying and being
situated in Brazos County, Texas, and being a portion of Lot One (1).
Block One (1). MELROSE SUBDIVISION. a subdivision in the City of
College Station. Texas, according to plat recorded in Volume 2970, '
page 211. Official Records of Brazos County. Texas, and being more
particularly described by metes and bounds as follows: •
COMMENCING, at a 1/2' iron rod found in the southerly line of Luther
Street (R.O.U. varies) same being the common northerly corner of said
5.968 acres and a called 1 acre tract of land conveyed to Marlon C.
Williams and wife, Janice Williams by deed of record in volume 999.
page 138 of said Oeed Rc,cords:
THENCE. N 44' 45' 39' E. along the southerly line of Luther-Street
same being the northerly line of said 5.968 acres. a distance of
. 60.00 feet to the POINT OF BEGINNING. and northwesterly corner
• hereof:
THENCE, N 44' 45' 39' E, along the southerly line of said Luther
Street same being the northerly line hereof, a distance of 50.00 feet
to the northeasterly corner hereof: •
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THENCE; leaving the southerly line of Lusher Street. over and across
said 5.965 acres the following three (3) courses and distances:
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• 1)• S 45' 45 51' E, a distance of 706.35 feet to the
southeasterly corner hereof:
2) S 43' 38' 17' W, a distance of 50.00 feet t., the
.southwesterly corner hereof:
3) N 45 45' 51' U. iv:distance of 707.33 feet to the POINT OF I)
• BEGINNING. containing an area of 0.811 acres (35,342 sq. ft.) of
land. more or less, within these gtetes and bounds.
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EXHIBIT B
Pape _.1.. -of Paaea
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g 978r 321
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. RESERVATIONS FROM CONVEYANCE:
1. SAVE AND EXCEPT, and there is hereby reserved unto Grantor, its successors and assigns, all oil, gas
and other minerals that it now owns, in, on, under, and that may be produced from the herein described
- property, provided however that: (1) Grantor herein waives for itself, its successors and assigns. all rights
of every kind and character with the respect to the surface of the herein described property; (2) Grantor,
its successors and assigns, shall not have any rights of ingress and egress to the surface of the herein
described property for any purpose; and (3) such mineral estate hereby reserved may be developed
and /or explored only by pooling or directional drilling. Notwithstanding any provision to the contrary
contained herein, Grantor, for itself, its legal representatives, successors, and assigns, covenants and
agrees that any exercise of such rights to any such minerals or interest or a realization of any interest
therein, shall not in any way interfere with the utilization of the surface of the Property or impair the
subjacent support of the Property and/or any improvements now or hereafter erected thereon.
2. For Grantor and Grantor's successors and assigns, in common with the public and Grantee and Grantee's
successors and assigns, a reservation out of Tracts One and Two of Exhibit 8 of a twenty foot (20') public
utility easement along a strip of such tracts adjacent to and contiguous with the westemmost boundary of
Tract One of Exhibit B. The exact location of the twenty foot (20') public utility easement will be platted in
accordance with the subdivision ordinances and statutes and filed in the Official Records of Brazos
County, Texas. Grantee, by acceptance of this deed, agrees to join in the execution of such subdivision
plat.
3. For Grantor and Grantor's successors and assigns, a reservation of a non - exclusive right out of Tract One
of Exhibit 8 of the free, uninterrupted, and perpetual use of such tract for the purposes of ingress and
egress and drainage. This easement shall benefit the Grantor's contiguous land lying east and west of
Tract One and shall be appurtenant to such land. Grantor's easement rights may not interfere with the
use and enjoyment of Tract One by Grantee for ingress and egress. Grantee and his heirs, successors
and assigns may not construct on Tract One any vertical improvements or other improvements that would
impair the easement rights herein reserved by Grantor for itself, its successors and assigns. Grantor and
Grantee, their heirs, successors and assigns shall share the expenses of maintaining the easement area
and any roadway constructed by Grantee, his heirs, successors and assigns. Expenses shall be equitably
prorated based upon the number of vehicles using the easement area to access Grantee's and Grantor's
respective contiguous tracts. The respective rights and obligations of the parties contained in this
reservation shall be appurtenant to and run with the tracts of land which are (1) now owned by Grantor and
Grantee; and (ii) adjacent and contiguous to Tract One.
In connection with the Exchange Property being conveyed by Grantee for the Property herein conveyed,
Grantor, its successors and assigns, hereby waives as between Grantor and Grantee any and all implied liens or interest,
including, without limitation, any and all Vendor's Liens and/or Superior Title, with respect to the Property and any and all
rights of rescission and similar rights arising out of or as a result of any defects in the title to the Exchange Property, and
Grantor, its successors and assigns, also waives as between Grantor and Grantee any and all owelty which may have or
to which Grantor may be entitled as a result of the exchange transaction involving the Property and the Exchange
Property.
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 binds Grantor and Grantor's executors, administrators, successors and assigns 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 conveyance and warranty.
VVhen the context requires, singular nouns and pronouns include the plural.
Exchange Warranty Deed
Papal
von '2.978 f1,r 317
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t TRACT TWO I .
1 '' Being all t certain lot, tract or par4el of l and l ying and being ...
situated in Brazos County, Texas. and being a portion of Lots One (1)
4' and Two (2), Block One (1), MELROSE SUBDIVISION. a subdivision in the
City of College Station, Texas, according to plat recorded in Volume
� '; 2970, page 211. Official Records of Brazos County. Texas, and being
" more particularly described by metes and bounds as follows:
G., B EGINNING at a 1/2' iron rod found in the northerly line of a tract
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of land conveyed to Harry Gorzycki by deed of record in Volume 81,
,; page 186 of said Deed Records. same being the common southerly corner
;a of said 5.968 acres and a called 6.21 acre tract of land conveyed to }
Travis L. Williams and wife. Helen Jean Williams by deed of record in
volume 433, page 42 of said Oeed Records:
P i k. THENCE, N 45' 45' 51' W. along the common'line of said 5.968 acres
kk and said 6.21 acres. a distance of 477.77 feet to the northwesterly
corner hereof:
THENCE, N 43' 38 17' E. leaving said common line over and across
�r said 5.968 acres and said 5.941 acres. a distance of 439.21 feet to a
'i point in•the westerly line of a called 3.500 acre tract of land _ r
I ' • conveyed to Ray A. Walker. Trustee by deed of record in Volume 1536. J
page 280 of said Deed Records for. the•northeasterly corner hereof:
I THENCE. 1 THENCE 5 45' 47' 15' E. in part along the westerly line of said
3.500 acres and the westerly line of a called 21.93 acre tract of !'
, land conveyed to Cayuse Limited by deed of record in Volume 333. page ;`.
I; 766 of said Oeed Records. same being the easterly line of said 5.941 Y
I1. i li, acres, passing at a distance of 127.86 feet a 1/2' iron rod set at �
! ; ,,G the southeasterly corner of said 3.500 acres and continuing for a , {;
1 1 s total distance of 477.77 feet to a 1/2' iron rod set in the northerly
I line of Walden Pond Townhomes, a 21.69 acre subdivision of record in .,;
Volume 669, page 661 of said Deed Records. same being the common :
�1 I southerly corner of said 5.941 acres and Paid 21.93 acres and the
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, . 1 southeasterly corner hereof:
Ii! THENCE, 5 43 38' 17' W. in part along the northerly line of said
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Walden Pond Townhomes. in part along the 'southerly line of said 5.941
, l ' ' acres and said 5.968 acre tract and also in part along the northerly
I. I line of said Gorzycki Tract. a distance of 439.41 feet to the POINT
• OF BEGINNING. containing an area of 4.818 acres (209.879 sq. ft.) of
} land, more or less, within these metes and bounds.
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