HomeMy WebLinkAboutSpecial Warranty Deed L4 q fa 7-j V J . O(3, Pc 12k
Bill & Return to:
University Title' Company Doc Bk Vol Fe
P.O. Drawer DT 01010760 BR 8813 126
College Station, Texas 77841 SPECIAL WARRANTY DEED
raf=# - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER.
Date: September 23, 2008
Grantor: NORMA C. WOLF a/kla NORMA HAGLER, joined pro forma
herein by my husband, ROY W. HAGLER
Grantor's Mailing Address: 9104 Stonebrook Drive, College Station, Brazos County, TX
77845
Grantee: BRAZOS TEXAS LAND DEVELOPMENT, LLC, a Texas limited
Viability company
Grantee's Mailing Address: 110 Pershing Avenue, College Station, Brazos County, TX
77840
Consideration:
In consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable
consideration to the undersigned paid by the Grantee herein named, the receipt of which
is hereby acknowledged.
Property (including any improvements):
See Exhibit "A attached hereto and Incorporated by reference herein (the "Property ".)
Reservations from Conveyance:
1, For Grantor and Grantor's successors and assigns, a reservation of all oil, gas and other
minerals that she now owns, in, on, under, and that may be produced from the Property,
without a reservation of the right of ingress and egress for mining, drilling, exploring,
operating and developing the Property for oil, gas and other minerals and for removing
them from the Property. Grantor hereby waives any right which Grantor, Grantor's heirs
and assigns, have or may have to the rights of ingress, egress or regress on, over or
across the surface of the Property for purposes of drilling, mining, for, or conducting any
operations for oil, gas or other minerals or using the same for storage, or for the
• transportation of oil, gas or other minerals, or using such property as a means of access
or travel, or in any manner disturbing the surface of the Property.
Exceptions to Conveyance and Warranty:
1. Standby fees, taxes and assessments by any taxing authority for the year 2008, 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 and
assessments for prior years because of an exemption granted to a previous owner of the
property under Section 11.13, Texas Tax Code, or because of improvements not
assessed for a previous tax year.
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2. Easement: Doc Bk Vol Ps
111010760 DR 8 13 127
From: J. D. Williams, Jr., et ux
To: City of Bryan
Dated: January 31, 1950
Recorded: Volume 141, Page 481, Deed Records of Brazos County, Texas; as
noted on survey prepared in July, 2008, under the supervision of Brad
Kerr, R.P.L.S. #4502.
3. Easement
From: Otho Williams, et ux
To: City of Bryan
Dated: January 31, 1950
Recorded: Volume 141, Page 467, Deed Records of Brazos County, Texas; as
noted on survey prepared in July, 2008, under the supervision of Brad
Kerr, R.P.L.S. #4502,
4. Easement:
From: Kenneth Wolf
To: City of Bryan
Dated: February 9, 1982
Recorded: Volume 511,Page 193, Deed Records of Brazos County, Texas; as
noted on survey prepared in July, 2008, under the supervision of Brad
Kerr, R.P.L.S. #4502.
5. Easement:
From: Kenneth Wolf
To: Wellborn Water Supply Corporation
Dated: March 14, 1984
Recorded: Volume 894, Page 441, Official Records of Brazos County, Texas; as
noted on survey prepared in July, 2008, under the supervision of Brad
Kerr, R.P.L.S. #4502.
6. 15' Water line Easement on the northwest side:
From: Norma C. Wolf
To: Wellborn Special Utility District
Dated: March 15, 1999
Recorded: Volume 3645, Page 278, Official Records of Brazos County, Texas; as
noted on survey prepared in July, 2008, under the supervision of Brad
Kerr, R.P.L.S. #4502. (Tract Two)
7. 10' Electrical Easement on the northeast side:
From: Norma Hagler
To: City of Bryan d /b /a Bryan Texas Utilities
Dated: February 6, 2003
Recorded: Volume 5149, Page 9, Official Records of Brazos County, Texas; as
noted on survey prepared in July, 2008, under the supervision of Brad
Kerr, R.P.L.S. #4502. (Tract Two)
8. 20' Water Line Easement on the northeast side:
From: Norma Wolf Hagler
To: Wellborn Special Utility District
Dated: January 10, 2001
Recorded: Volume 5770, Page 219, Official Records of Brazos County, Texas; as
noted on survey prepared in July, 2008, under the supervision of Brad
Kerr, R.P.L.S. #4502. (Tract One)
{00019855 3)
Doc L Pg
01010760 DR 8813 128
9. Unrecorded Grazing Lease, and all terms, conditions and stipulations therein:
Lessor: Norma C. Hagler
Lessee: Ralph Wellmann
Dated: June 12, 2004
Recorded: Unrecorded
10. Oil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor: Kenneth Wolf, et ux
Lessee: W. K. Walker & Associates
Dated: August 9, 1993
Recorded: Volume 1877, Page 118, Official Records of Brazos County, Texas
11. Oil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor: Kenneth Wolf, et ux
Lessee:Grand Energy, Inc.
Dated: July 28, 1998
Recorded: Volume 3226, Page 16, Official Records of Brazos County, Texas
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together
with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to
Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs
and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's
heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same
or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the
Reservations from Conveyance and the Exceptions to Conveyance and Warranty.
Ad valorem taxes with respect to the Property have been paid through the year 2007, and
Grantee assumes payment of such taxes for the calendar year 2008 and subsequent years of ownership
and subsequent assessments for prior years due to change in use or ownership.
As a material consideration for Grantor's conveyance, Grantor has executed and delivered
this deed and has granted, bargained, sold and conveyed the Property, and Grantee has
accepted this deed and has purchased the Property, AS IS, WHERE IS, AND WITH ALL
FAULTS, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER,
EXPRESS OR IMPLIED, WRITTEN OR ORAL, IT BEING THE INTENTION OF GRANTOR AND
GRANTEE TO EXPRESSLY NEGATE AND EXCLUDE ALL REPRESENTATIONS AND
WARRANTIES, INCLUDING, BUT NOT LIMITED TO (i) THE CONDITION OF THE PROPERTY
OR ANY ELEMENT THEREOF, INCLUDING, WITHOUT LIMITATION, WARRANTIES
RELATED TO SUITABILITY FOR HABITATION, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE; (11) THE NATURE OR QUALITY OF CONSTRUCTION,
STRUCTURAL DESIGN AND ENGINEERING OF THE IMPROVEMENTS; (iii) THE QUALITY
OF THE LABOR AND MATERIALS INCLUDED IN THE IMPROVEMENTS; (iv) THE SOIL
CONDITIONS, DRAINAGE OR OTHER CONDITIONS EXISTING AT THE PROPERTY WITH
RESPECT TO ANY PARTICULAR PURPOSE, DEVELOPMENTAL POTENTIAL OR
OTHERWISE; (v) QUANTITY, QUALITY, VALUE, CONDITION, COMPOSITION,
AUTHENTICITY, OR AMOUNT; (v1) ALL WARRANTIES CREATED BY ANY AFFIRMATION
OF FACT OR PROMISE OR BY ANY DESCRIPTION OF THE PROPERTY; AND (vii) ALL
OTHER WARRANTIES AND REPRESENTATIONS WHATSOEVER, EXCEPT THE
WARRANTY OF TITLE EXPRESSLY SET FORTH HEREIN.
When the context requires, singular nouns and pronouns include the plural.
(00019855 3)
Dry_ Lk Vol P9
01010760 OR 8813 129
This Special Warranty Deed ( "Deed" herein) has been executed by Grantor on the date of the
taking of its acknowledgment, but the effective date of this Deed shall be deemed to be September 23,
2008, for all purposes and it shall be effective as of that date,
f � i
NORMA C. WOLF a/k/a ,�6 RMA HAGLER
ROY W
AGREED TO AND ACCEPTED BY GRANTEE:
BRAZOS TEXAS LAND DEVELOPMENT, LLC, i p o
a Texas li,' y- •t c.•-•• T
By: _ ^:
Name: . IM FY4/
Title: A-6P '
THE STATE OF TEXAS '
COUNTY OF BRAZOS
This instrument was acknowledged before me on the aC.✓ day of September, 2008, by NORMA
C. WOLF afkla NORMA HAGLER and ROY W. HAGLER.
Notary Pub Sta o exas
/11rPC, XARY MERSMANN '1
f( Notary Public, State of Texas
i N 1 My Commission Expires j
1_ MAY 18,CtQ9
w
THE STATE OF TEXAS
OF BRAZOS '
This instrument was acknowledged before me on the ' y of September, 2008, by
. 'O4pJ. / , `YLeL.oza_,,L.r' - of BRAZOS TEXAS LAND
DEVELOPMENT, LLC, a Texas limited liability company, on behalf of said company.
�4 KARY MERSMANN. Ve/11,-------._ 1 ! `< s f_ Not ary Public, State of Texas t 0 My commission Expires f Notary te of Texas
�� F MAY 18, 2009
AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
UNIVERESITY TITLE COMPANY THE ELLISON FIRM
1021 University Drive East P.O. Box 10103
College Station, Texas 77840 College Station, Texas 77842 -0103
(00019855 3)
File No. 05589.001 Doc Bh Vol Po
GF# 00082943 0/010760 OR ° 1 813 130
SPECIAL WARRANTY DEED,
NORMA C. WOLF a /k/a NORMA HAGLER, joined pro forma by her husband, ROY W. HAGLER
TO
BRAZOS TEXAS LAND DEVELOPMENT, LLC, a Texas limited liability company
{00019355 3)
Doc E.k Vo1 Ps
EXHIBIT "A'• 0/010760 DR 513 131.
Legal Description
TRACT ONE:
Metes and bounds description of all that certain tract or parcel of land lying and being situated in the
Augustus Babille Survey, Abstract No, 75, College Station, Brazos County, Texas. Said tract being a
portion of the remainder of a called 10 acre tract as described by a deed to Kenneth Wolf recorded in
Volume 265, Page 539 of the Deed Records of Brazos County, Texas, and a portion of the remainder of a
called 24.7 acre tract as described by a deed to Kenneth Wolf and wife, Norma C. Wolf recorded in
Volume 257, Page 20 of the Deed Records of Brazos County, Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found on the southeast line of Greens Prairie Road (100' R.O.W. per
6112/260) marking the northeast corner of the remainder of a called 8.00 acre tract as described by a
deed to Hoy A. Richards and Mary L. Richards recorded in Volume 5922, Page 258 of the Official Public
Records of Brazos County, Texas, said iron rod found marking the west corner of this herein described
tract, said iron rod found being in a clockwise curve having a radius of 800.00 feet;
THENCE: along the southeast line of Green Prairie Road for the following calls:
Along said curve through a central angle of 11° 25' 11" for an arc distance of 159,45 feet (chord bears: N
77° 18' 52" E - 159.19 feet) to a 1/2 inch iron rod found marking the ending point of said curve;
N 83° 01' 49" E for a distance of 100.02 feet to a 1/2 inch Iron rod found marking the beginning of a
counterclockwise curve having a radius of 900.00 feet;
Along said curve through a central angle of 23° 16' 54" for an arc distance of 365.71 feet (chord bears: N
71° 21' 35" E - 363.20 feet) to a point marking the most westerly corner of the remainder of a called 54.21
acre tract as described by a deed to Brazos Texas Land Development, LLC recorded in Volume 8361,
Page 285 of the Official Public Records of Brazos County, Texas, for reference a 1/2 inch iron rod found
bears: S 48° 37' 56" E for a distance of 0.16 feet;
THENCE: 5 48° 37' 56" E along the common tine of said remainder of 10 acre tract and said remainder of
54.21 acre tract for a distance of 1373,15 feet to a 5/8 inch iron rod set marking the northeast corner of
this herein described tract, for reference a 5/8 inch iron rod found bears: S 48° 37' 56" E for a distance of
405.32 feet;
THENCE: through said remainder of 10 acre tract and said remainder of 24.7 acre tract for the following
calls:
S 41° 22' 04" W for a distance of 184.39 feet to a 5/8 inch iron rod set;
S 48° 38' 52" E for a distance of 105,40 feet to a 5/8 inch iron rod set;
S 02° 11' 37" E for a distance of 140.12 feet to a 5/8 inch iron rod set;
S 41° 13' 18" W for a distance of 227.37 feet to a 5/8 Inch iron rod set an the common line of said
remainder of 24.7 acre tract and the remainder of another 24.7 acre tract as described by a deed to Hoy
A, Richards and wife, Mary L. Richards recorded in Volume 257, Page 26 of the Deed Records, Brazos
County, Texas, for reference a 1/2 inch iron rod found marking the northeast corner of said remainder of
24.7 acre Richards tract bears: S 48° 46' 42" E for a distance of 723.12 feet;
THENCE: N 48° 46' 42" W along the common line of said remainder of 24.7 acre Wolf tract and said
remainder of 24.7 acre Richards tract and the aforementioned remainder of 8.00 acre tract for a distance
of 1917.19 feet to the POINT OF BEGINNING containing 19.466 acres of land, more or less.
(00019855 3)
Do_ Bk Vol Pai
071010760 OR 8813 132
TRACT TWO:
Metes and bounds description of all that certain tract or parcel of land lying and being situated in the
Augustus Babille Survey, Abstract No. 75, College Station, Brazos County, Texas. Said tract being a
portion of the remainder of a called 10 acre tract as described by a deed to Kenneth Wolf recorded in
Volume 265, Page 539 of the Deed Records of Brazos County, Texas, and a portion of the remainder of a
called 24.7 acre tract as described by a deed to Kenneth Wolf and wife, Norma C. Wolf recorded in
Volume 257, Page 20 of the Deed Records of Brazos County, Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found on the southeast line of the original right -of -way of Greens
Prairie Road marking the north corner of said remainder of 10 acre tract and the west corner of Lot 1,
Block 2, Greens Prairie Center, according to the plat recorded in Volume 7574, Page 76 of the Official
Public Records of Brazos County, Texas;
THENCE: S 48° 38' 22" E along the common line of said remainder of 10 acre tract and said Lot 1 for a
distance of 322.95 feet to a 1/2 inch iron rod found on the current northerly line of Greens Prairie Road
(100' R.O.W. per 6112/260), said iron rod found marking the beginning of a clockwise curve having a
radius of 800.00 feet;
THENCE: Along the existing north line of Greens Prairie Road for the following calls:
Along said curve through a central angle of 20° 53' 31" for an arc distance of 291.71 feet (chord bears: S
72° 38' 02" W - 290.09 feet) to a 5/8 inch iron rod set marking the ending point of said curve;
S 83° 01' 42" W for a distance of 100,00 feet to a 5/8 inch iron rod set marking the beginning of a
counterclockwise curve having a radius of 900.00 feet;
Along said curve through a central angle of 15° 05' 47" for an arc distance of 237.13 feet (chord bears: S
75° 29' 58" - 236.45 feet) to a 2 inch metal post found on the original southeast line of Greens Prairie
marking the most westerly corner of this herein described tract;
THENCE: N 43° 14' 52" E along the original southeast line of Greens Prairie Road for a distance of
360.91 feet to a 1/2 inch iron rod found marking the common corner of said remainder of 24.7 acre tract
and said remainder of 10 acre tract;
THENCE: N 46° 46' 21" E continuing along the original southeast line of Greens Prairie Road for a
distance of 158.34 feet to the POINT OE BEGINNING containing 2.056 acres of land, more or less.
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