HomeMy WebLinkAboutMetes & Bounds Special Durable Power of Attorney for Real Estate Transactions and Limited
Personal Property Transactions
Date: September 20,2005
Principal: TED WHITMER
Principal's Mailing Address: 1305 MYRTLE STREET
KILGORE,GREGG COUNTY, TEXAS 75662
Agent: CRAIG P. BROWNE
Agent's Mailing Address: 420 TARROW
COLLEGE STATION, BRAZOS COUNTY,TEXAS 77840
Effective Date: September 20,2005
Expiration Date: October 20,2005
Property(including any improvements):
Being all that certain 2.58 acre tract or parcel of land lying and being situated in the ROBERT
STEVENSON SURVEY,ABSTRACT NO. 54 Brazos County, Texas and being in College Station, Brazos
County, Texas and being the remainder of the called 2.60 acre-Tract Two described in deed from United
Oil Exploration Co.to R.S.S. Investments, Inc as recorded in Volume 2766, page 333, Official Records of
Brazos County,Texas and said 2.58 acre tract being more particularly described as follows:
BEGINNING at the west corner of the beforementioned 0.0164 acre right-of-way strip tract in the
northwest right-of-way line of Graham Road in the southwest line of the beforementioned 2.60 acre tract,
from which the south corner of said strip, same being the south corner of the 2.60 acre tract bears S 44'
44'51"E—2.67 feet;
THENCE N 44'44'51"W along the southwest line of the beforementioned 2.60 acre tract, same being the
northeast line of the Securecare Properties XLT — called 1.8084 acre tract, Volume 3397, page 254,
Official Records of Brazos County, Texas, at a distance of 2.40 feet pass a 5/8" iron rod found, at a
distance of 96.9 feet a chain link fence corner bears southwest - 0.20 feet, continue on, adjacent to a
chain link fence for a total distance of 432.34 feet to a 5/8'iron rod found marking the west corner of the
2.60 acre tract, same being the north'corner of the 1.08084 acre tract and same being in the southeast
line of Lot 1, Block 10, Edelweiss Estates, Phase 3A, according to the plat recorded in Volume 4356,
page 249, Official Records of Brazos County,Texas;
THENCE N 45 45' 09" E along the common line between the beforementioned 2.60 acre tract and the
beforementioned Lot 1, Block 10, for a distance of 260.36 feet to a 5.8" iron rod found marking the north
corner of The Texas A&M Research Foundation—called 2.60 acre tract, Volume 2203, page 256, Official
Records of Brazos County,Texas,from which a chain link fence corner bears S 85'54'50"E—3.7 feet;
THENCE S 44'44'51" E along the common line between the beforementioned 2.60 acre tracts, adjacent
to a chain line fence, at a distance of 272.2 feet, a chain link fence corner bears northeast— 1.0 feet,
continue on, leaving said fence, at a distance of 429.88 pass a 5/8"iron rod found, continue on for a total
distance of 432.15 feet to the northwest right-of-way line of Graham Road at the east corner of the
beforementioned 0.0164 acre right-of-way strip tract, from which the east corner of the 0.0164 acre tract
and the 2.60 acre tract bears S 44'44'51"E—2.86 feet;
THENCE S 45 42' 36" W along the existing northwest right-of-way line Graham Road, same being the
northwest line of the beforementioned 0.0164 acre right-of-way strip tract, for a distance of 260.36 feet to
the PLACE OF BEGINNING,containing 2.58 acres of land, more or less.
Powers Given with Respect to the Property:
1. Execute and deliver any instruments relating to the platting of the Property.
2. Do everything and sign everything necessary or appropriate to plat the Property and accomplish the
powers set out.
Principal appoints Agent to act for Principal in accordance with the powers given with respect to the
Property, and Principal ratifies all acts done under this appointment Agents authority will begin on the
Effective Date and end on the Expiration Date unless revoked sooner by Principal's signing an instrument
revoking this power of attorney and filing it for record in the real property records of Brazos County,
Texas.A signed and filed revocation instrument will be effective,without limitation or exception, induding
but not limited to being effective against a third party relying on this power of attorney without receipt of
actual notice of the revocation,on the date and time of filing.
This is a durable power of attorney under chapter XII of the Texas Probate Code,which is not affected by
subsequent disability or incapacity of Principal and will not lapse because of a passage of time, but it will
expire on the Expiration Date.
Principal binds Principal and Principal's heirs and personal representatives to indemnify and hold Agent
harmless from all claims, demands, losses, damages, actions, and expenses that Agent may sustain or
incur in connection with carrying out the authority granted to Agent in this power of attorney.
THE ATTORNEY-IN-FACT OR AGENT, BY ACCEPTING OR ACTING UNDER THE APPOINTMENT,
ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.
TED WHITMER
STATE OF TEXAS §
§
COUNTY OF= §
This instrument was acknowledged before me on eepit( 2 , 2005, by TED
WHITMER.
KAREN WALDO ��}' n t l 1
t'cb0o 4fr 0,0)
1 STATE OF TEXAS •to Public, State of Texas
'4;.;i. My Comm.Exp.10404008
AFTER RECORDING RETURN TO:
Special Durable Power of Attorney for Real Estate Transactions and Limited
Personal Property Transactions
Date: September 20,2005
Principal: WADE WHITMER
Principal's Mailing Address: 230(GREENHILLS DRIVE
KILGORE,GREGG COUNTY,TEXAS 75662
Agent: CRAIG P. BROWNE
Agent's Mailing Address: 420 TARROW
COLLEGE STATION, BRAZOS COUNTY,TEXAS 77840
Effective Date: September 20,2005
Expiration Date: October 20,2005
Property(including any improvements):
Being all that certain 2.58 acre tract or parcel of land lying and being situated in the ROBERT
STEVENSON SURVEY,ABSTRACT NO. 54 Brazos County, Texas and being in College Station, Brazos
County, Texas and being the remainder of the called 2.60 acre-Tract Two described in deed from United
Oil Exploration Co. to R.S.S. Investments, Inc as recorded in Volume 2766, page 333, Official Records of
Brazos County,Texas and said 2.58 acre tract being more particularly described as follows:
BEGINNING at the west corner of the beforementioned 0.0164 acre right-of-way strip tract in the
northwest right-of-way line of Graham Road in the southwest line of the beforementioned 2.60 acre tract,
from which the south corner of said strip, same being the south corner of the 2.60 acre tract bears S 44'
44'51"E—2.67 feet;
THENCE N 44'44'51"W along the southwest line of the beforementioned 2.60 acre tract, same being the
northeast line of the Securecare Properties XLT — called 1.8084 acre tract, Volume 3397, page 254,
Official Records of Brazos County, Texas, at a distance of 2.40 feet pass a 5/8" iron rod found, at a
distance of 96.9 feet a chain link fence corner bears southwest - 0.20 feet, continue on, adjacent to a
chain link fence for a total distance of 432.34 feet to a 5/8` iron rod found marking the west corner of the
2.60 acre tract, same being the north corner of the 1.08084 acre tract and same being in the southeast
line of Lot 1, Block 10, Edelweiss Estates, Phase 3A, according to the plat recorded in Volume 4356,
page 249,Official Records of Brazos County,Texas;
THENCE N 45'45' 09° E along the common line between the beforementioned 2.60 acre tract and the
beforementioned Lot 1, Block 10, for a distance of 260.36 feet to a 5.8" iron rod found marking the north
corner of The Texas A&M Research Foundation—called 2.60 acre tract, Volume 2203, page 256, Official
Records of Brazos County,Texas,from which a chain link fence corner bears S 85'54'50"E—3.7 feet;
THENCE S 44'44'51" E along the common line between the beforementioned 2.60 acre tracts, adjacent
to a chain line fence, at a distance of 272.2 feet, a chain link fence corner bears northeast— 1.0 feet,
continue on, leaving said fence, at a distance of 429.88 pass a 5/8" iron rod found, continue on for a total
distance of 432.15 feet to the northwest right-of-way line of Graham Road at the east corner of the
beforementioned 0.0164 acre right-of-way strip tract, from which the east corner of the 0.0164 acre tract
and the 2.60 acre tract bears S 44'44'51"E—2.86 feet;
THENCE S 45'42' 36" W along the existing northwest right-of-way line Graham Road, same being the
northwest line of the beforementioned 0.0164 acre right-of-way strip tract, for a distance of 260.36 feet to
the PLACE OF BEGINNING,containing 2.58 acres of land,more or less.
Powers Given with Respect to the Property:
1. Execute and deliver any instruments relating to the platting of the Property.
2. Do everything and sign everything necessary or appropriate to plat the Property and accomplish the
powers set out.
Principal appoints Agent to act for Principal in accordance with the powers given with respect to the
Property, and Principal ratifies all acts done under this appointment. Agent's authority will begin on the
Effective Date and end on the Expiration Date unless revoked sooner by Principal's signing an instrument
revoking this power of attorney and filing it for record in the real property records of Brazos County,
Texas.A signed and filed revocation instrument will be effective,without limitation or exception, including
but not limited to being effective against a third party relying on this power of attorney without receipt of
actual notice of the revocation,on the date and time of filing.
This is a durable power of attorney under chapter XII of the Texas Probate Code,which is not affected by
subsequent disability or incapacity of Principal and will not lapse because of a passage of time, but it will
expire on the Expiration Date.
Principal binds Principal and Principal's heirs and personal representatives to indemnify and hold Agent
harmless from all claims, demands, losses, damages, actions, and expenses that Agent may sustain or
incur in connection with carrying out the authority granted to Agent in this power of attorney.
THE ATTORNEY-IN-FACT OR AGENT, BY ACCEPTING OR ACTING UNDER THE APPOINTMENT,
ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.
Ulu--a"-W Atif>rrit, -/
WADE WHITMER
STATE OF TEXAS §
Gf2E(x6. §
COUNTY OF foveae
§ /� /
This instrument was acknowledged before me on 9' 2( - 05 ,2005, by WADE
WHITMER.
' KARENUNALDO c I► n N , N
,10 nag OF TEXAS ota Public, State of Texas
A 7•