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HomeMy WebLinkAboutParkland Deed 07/28/2003 15:20 FAX 9797643737 CCS PARKS & REC. Z002 Oq _5,-) PARKLAND DEED DATE: July q , 2003 GRANTOR: TIMOTHY J. CROWLEY GRANTOR'S MAILING ADDRESS: 1301 McKinney, Suite 3500, Houston, Harris County, TX 77010 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue, College Station, Brazos County, TX 77840 CONSIDERATION: In consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and in satisfaction of Its parkland dedication requirements to the Grantee for development of 62.18 acres in the Robert Stevenson Survey, A -54, City of College Station, Brazos County, Texas, conveyed by Warranty Deed With Vendor's Lien dated June 24, 2002, executed by Timothy J. Crowley to Spring Creek CS Development, LTD., recorded in Volume 4712, Page 260, Official Records of Brazos County, Texas; the receipt of which by Grantor is hereby acknowledged. Grantee, by acceptance of this Parkland Deed, acknowledges and accepts the Property in satisfaction of Grantor's parkland dedication for the 62.18 acres in the Robert Stevenson Survey, A -54, City of College Station, Brazos County, Texas_ PROPERTY: All that certain tract or parcel of land lying and being situated in Brazos County, Texas, out of the ROBERT STEVENSON SURVEY, A -54, and being part of the same tract of land described in a deed to Timothy J. Crowley, as recorded in Volume 1415, Page 74 of the Brazos County Official Records, and being more particularly described by metes and bounds as follows with all control referred to the 1983 Texas Sate Plan Coordinate System, Lambert Projection, Central Zone; and being more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated by reference herein (the "Property")_ . EXCEPTIONS TO CONVEYANCE AND WARRANTY: 1. Right -of -Way Easement from Ethel Cavitt et al to The City of Bryan, dated September 21, 1961, recorded in Volume 215, Page 589, Deed Records of Brazos County, Texas. 2. Easement from United Four Joint Venture to Seminole Pipeline Company, dated August 1, 1985, recorded in Volume 818, Page 180, Official Records of Brazos County, Texas, and subject to Partial Release dated December 21, 1987, recorded in Volume 1022, Page 807, Official Records of Brazos County, Texas. 3, Pipeline Easement from Timothy J. Crowley to Aquila Southwest Pipeline Corporation, dated November 3, 1993, recorded in Volume 1977, Page 50, Official Records of Brazos County, Texas. 4. t 'Easement from Timothy J. Crowley et ux to The State of Texas, dated July 17, 2000, op pt recorded In Volume 3926, Page 104, Official Records of Brazos County, Texas. lam` PARKLAND DEED Page 1 M 07/28/2003 15:20 FAX 9797643737 CCS PARKS & REC. el 003 ( 0 (61 4 i' lL , ite,,, - , otrot I 40itt eV" ii , . 0, ?. 1. . , E sem nt from TI oth J. Crowley to TXU Gas Company, dated March 31, 2001, 10 a e Y Y P Y. recorded in Volume 4137, Page 37, Official Records of Brazos County, Texas. v p , 04 ,0 Encroachment Agreement by and between Seminole Pipeline Company and TXU Gas Company, dated May 9, 2001, recorded in Volume 4152, Page 127, Official Records of Brazos County, Texas_ 7_ Easement from Timothy J. Crowley to City of College Station, dated September 17, 2001, recorded in Volume 4328, Page 164, Official Records of Brazos County, Texas. 8. All matters, ordinances, restrictions, covenants, conditions, encumbrances, rights of way, easements, s , matters shown on surveys, Ai/ maps or plats,_ Pagrtaclwzents, ' N en + , _ - r- -= : . • . - .. _ - - : . ., and all outstanding miner and royalty interest, if any, affecting the Property, whether or not of record in the office of the County Clerk of said County. 9. Mineral reservation in Deed from Edith Cavitt Estate et al to United Four Joint venture, dated December 16, 1982, recorded in Volume 564, Page 504, Deed Records of 13razos County, Texas. 10. Royalty reservation in Deed from Robert B. Waltman et ux to Timothy J. Crowley, dated January 24, 1992, but effective December 31, 1991, recorded in Volume 1415, Page 74, Official Records of Brazos County, Texas. 11. Estate created by Oil and Gas Lease from Edith Cavitt Estate et al to Cayuga Exploration, Inc. dated August 15, 1977, recorded in Volume 27, Page 530, O &GL Records of Brazos County, Texas. 12. Estate created by Memorandum of Oil and Gas Lease from Timothy J. Crowley et al to Union Pacific Resources Company, dated May 29, 1990, recorded in Volume 1205, Page 135, Official Records of Brazos County, Texas, and as ratified by instruments recorded in Volume 1197, Pages 837 and 839, Volume 1220, Pages 311, 313, 315 and 317 and Volume 1667, Page 42, Official Records of Brazos County, Texas, and as amended and extended by instruments recorded in Volume 1673, Page 276, Volume 1835, Page 92, and Volume 1839, Page 303, Official Records of Brazos County, Texas, subject to Partial Release dated October 17, 1995, recorded in Volume 2514, Page 332, Official Records of Brazos County, Texas. RESERVATIONS FROM CONVEYANCE: 1. For Grantor and Grantor's successors and assigns, a reservation of all oil, gas and other minerals that they now own, 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. PARKLAND DEED Page 2 PARKLAND DEED DATE: July q , 2003 GRANTOR: TIMOTHY J. CROWLEY GRANTOR'S MAILING ADDRESS: 1301 McKinney, Suite 3500, Houston, Harris County, TX 77010 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue, College Station, Brazos County, TX 77840 CONSIDERATION: In consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and in satisfaction of its parkland dedication requirements to the Grantee for development of 62.18 acres in the Robert Stevenson Survey, A -54, City of College Station, Brazos County, Texas, conveyed by Warranty Deed With Vendor's Lien dated June 24, 2002, executed by Timothy J. Crowley to Spring Creek CS Development, LTD., recorded in Volume 4712, Page 260, Official Records of Brazos County, Texas; the receipt of which by Grantor is hereby acknowledged. Grantee, by acceptance of this Parkland Deed, acknowledges and accepts the Property in satisfaction of Grantor's parkland dedication for the 62.18 acres in the Robert Stevenson Survey, A -54, City of College Station, Brazos County, Texas. PROPERTY: All that certain tract or parcel of land lying and being situated in Brazos County, Texas, out of the ROBERT STEVENSON SURVEY, A -54, and being part of the same tract of land described in a deed to Timothy J. Crowley, as recorded in Volume 1415, Page 74 of the Brazos County Official Records, and being more particularly described by metes and bounds as follows with all control referred to the 1983 Texas Sate Plan Coordinate System, Lambert Projection, Central Zone; and being more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated by reference herein (the "Property "). EXCEPTIONS TO CONVEYANCE AND WARRANTY: 1. Right -of -Way Easement from Ethel Cavitt et al to The City of Bryan, dated September 21, 1961, recorded in Volume 215, Page 589, Deed Records of Brazos County, Texas. 2. Easement from United Four Joint Venture to Seminole Pipeline Company, dated August 1, 1985, recorded in Volume 818, Page 180, Official Records of Brazos County, Texas, and subject to Partial Release dated December 21, 1987, recorded in Volume 1022, Page 807, Official Records of Brazos County, Texas. 3. Pipeline Easement from Timothy J. Crowley to Aquila Southwest Pipeline Corporation, dated November 3, 1993, recorded in Volume 1977, Page 50, Official Records of Brazos County, Texas. 4. Easement from Timothy J. Crowley et ux to The State of Texas, dated July 17, 2000, recorded in Volume 3926, Page 104, Official Records of Brazos County, Texas. PARKLAND DEED Page 1 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. When the context requires, singular nouns and pronouns include the plural. This Parkland Deed has been executed by GRANTOR on the date of the t king of his acknowledgment, but the effective date of this Parkland Deed shall be deemed to be July , 2003, for all purposes and it shall be effective as of that date. TIMOTHY J. CRO LEY THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the • day of July, 2003, by TIMOTHY J. CROWLEY. oga. CYNTHIA A HAGGARD et a. 44 `i'_ NOTARY PUBUC Notary blic, State of Texas i N,, h = State of Texas • 14LoF 4 + Comm. Ex#. 0543 AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: Charles A. Ellison, P.C. Charles A. Ellison, P.C. P.O. Box 10103 P.O. Box 10103 College Station, Texas 77842 College Station, Texas 77842 File No. 04441.045 PARKLAND DEED: TIMOTHY J. CROWLEY TO THE CITY OF COLLEGE STATION, TEXAS PARKLAND DEED Page 3 5. Easement from Timothy J. Crowley to TXU Gas Company, dated March 31, 2001, recorded in Volume 4137, Page 37, Official Records of Brazos County, Texas. 6. Encroachment Agreement by and between Seminole Pipeline Company and TXU Gas Company, dated May 9, 2001, recorded in Volume 4152, Page 127, Official Records of Brazos County, Texas. 7. Easement from Timothy J. Crowley to City of College Station, dated September 17, 2001, recorded in Volume 4328, Page 164, Official Records of Brazos County, Texas. 8. All matters, ordinances, restrictions, covenants, conditions, encumbrances, rights of way, easements, tax liens, boundary disputes, shortages in area, matters shown on surveys, maps or plats, encroachments, overlapping of improvements, rights of parties in possession, maintenance charges and the lien securing said charges, and all outstanding mineral and royalty interest, if any, affecting the Property, whether or not of record in the office of the County Clerk of said County. 9. Mineral reservation in Deed from Edith Cavitt Estate et al to United Four Joint venture, dated December 16, 1982, recorded in Volume 564, Page 504, Deed Records of Brazos County, Texas. 10. Royalty reservation in Deed from Robert B. Waltman et ux to Timothy J. Crowley, dated January 24, 1992, but effective December 31, 1991, recorded in Volume 1415, Page 74, Official Records of Brazos County, Texas. 11. Estate created by Oil and Gas Lease from Edith Cavitt Estate et al to Cayuga Exploration, Inc. dated August 15, 1977, recorded in Volume 27, Page 530, O &GL Records of Brazos County, Texas. 12. Estate created by Memorandum of Oil and Gas Lease from Timothy J. Crowley et al to Union Pacific Resources Company, dated May 29, 1990, recorded in Volume 1205, Page 135, Official Records of Brazos County, Texas, and as ratified by instruments recorded in Volume 1197, Pages 837 and 839, Volume 1220, Pages 311, 313, 315 and 317 and Volume 1667, Page 42, Official Records of Brazos County, Texas, and as amended and extended by instruments recorded in Volume 1673, Page 276, Volume 1835, Page 92, and Volume 1839, Page 303, Official Records of Brazos County, Texas, subject to Partial Release dated October 17, 1995, recorded in Volume 2514, Page 332, Official Records of Brazos County, Texas. RESERVATIONS FROM CONVEYANCE: 1. For Grantor and Grantor's successors and assigns, a reservation of all oil, gas and other minerals that they now own, 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. PARKLAND DEED Page 2