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1988V1029P13 64P-6f F-7 — -c; SPECIAL WARRANTY DEED OF PARKLAND THE STATE OF TEXAS § 402775 HQ • KNOW ALL MEN BY THESE PRESENTS : COUNTY OF BRAZOS That we , W. D. FITCH, Individually, of Brazos County, Texas , and YOUNG BROTHERS , INC . , CONTRACTORS , a Texas corporation , acting by and through its Vice President , A. P. Boyd , whose prin- cipal office is in McLennan County, Texas , for and in considera- tion of TEN DOLLARS ( $ 10 . 00 ) , the receipt and sufficiency of which is hereby acknowledged and in compliance with the City of College Station Ordinance No . 1265 dated January 22 , 1981 , requir- ing the dedication of parkland by developers , have , subject to the reservations from and exceptions to this conveyance listed below, GRANTED, SOLD AND CONVEYED , and by these presents do GRANT, SELL AND CONVEY unto THE CITY OF COLLEGE STATION, a Texas home rule municipality, located in Brazos County, Texas , all of the following described real property in Brazos County, Texas , to-wit : All that certain 27 . 2.9 acre tract or and being situated in the S . parcel of land lying No . 202 , W. Robertson Survey, Abstract acre tracts describedoint a, deed Texas , obWing a part of that 956 . 1 Volume 703 , Page 8 of the Official Records of Brazos Count W. D . Fitch. recorded in Texas , a part of that 172. 81 acre tract described in a to Area Progress Corporation recorded in Volume 822 , Page 836 of the Official Records of Brazos Count deed part of that 749 . 98 age acre tract described in� a deed tondthe College Station Economic Development Foundation recorded Volume 894 , Page 657 of the Official Records of Brazos in mount and bounds and being more particularly by rebferennceln herein$IT ��A�� attached hereto and rincorpo- rated b Y ( "Parkland Property" herein) ; This conveyance is made and accepted subject to the follow- ing reservations and exceptions : 1 . Ad Valorem taxes for 988 and subsequent years and subsequent assessments for prior years . 2. Any and all valid and existin rights of way, conditions , exceptions , easements , restrictions, covenants of reservations and whatsoever nature of record , if any, and SPECIAL WARRANTY DEED OF PARKLAND t W.WD. Fitch and Young toW. The t g Brothers, Inc . , Contractors ege Page One of FouroPageS Station .1.U?17Pa,�rO } �j a rj &-�6Pcf.�5 � � • also to the zoning laws and other restrictions , regula- tions , ordinances and statutes of municipal or other governmental authorities applicable to and enforceable against the described premises . 3 . For Grantors and Grantors ' successors a reservation of the right to use the Parkland Property as a route for a major street or boulevard and/or street crossings as Grantors , their successors or assigns , may, in their sole and absolute discretion deem necessary for the overall development of surrounding property. Provided , however , Grantors , for themselves , their successors or assigns , covenant and agree that if the Parkland Proper- ty is used for a major street or boulevard , Grantors , their successors or assigns , shall , if necessary , convey to the CITY OF COLLEGE STATION additional proper- ty parallel , adjacent , and contiguous to the Parkland Property in an amount necessary for a pedestrian walk- way, which pedestrian walkway shall be constructed by the CITY OF COLLEGE STATION. r and their successors or assigns ,( r ocovenantors, covenant themseland agree that if the Parkland Property is used for a street crossing , the street crossing shall be construct- ed in a manner which does not prevent the use of the Parkland Property as a pedestrian walkway. CITY OF COLLEGE STATION, covenants and agrees to accept the conveyance of the Parkland Property in satisfaction of the requirements imposed by City of College Station Ordinance No . 1265, as amended from time to time , and waives any and all - specific ances from the s . varalrequirements of such ordinance . CITY OF COLLEGE STATION further covenants and agrees that the Gr their successors or antors , assigns , shall be entitled to a credit against future parkland dedication required by City Station Ordinance No . of College 1265 , as amended from time to time , in an amount equal to three thousand six hundred thirty ( 3 , 630 ) dwelling units . TO HAVE AND TO HOLD the above described with all and premises , together singular the rights and appurtenances thereto in anywise belonging , unto the said Grantee admini- strators and assigns forever ; its executors ,and we do hereby bind ourselves , our heirs , executors and administrators DEFEND all and singular the said to WARRANT AND FOREVER g premises unto the said Grantee , its heirs and assigns , against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or SPECIAL WARRANTY DEED OF PARKLAND W. D. Fitch and Youn to The City of Colleg e Broahers , Inc . , Contractors Page Two of Four Pages Station niln ng :i under us , but not otherwise ./� y EXECUTED this -day of February, 1988 . 1 • mr W. D. FITCH YOUNG BROTHERS, INC. , CONTRACTORS BY • 1 A. P. BOYD, ii President Mailing address of Grantee : City of College Station 1101 S. Texas Avenue College Station , Texas 77840 (Acknowledgement) THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on the of February, 1988 , by W. D. FITCH. 3___ day r Notary Publi State of Texas Notary' s Printed Name: SEAL. -c-: ,:_,. \\ My Commiss-ton Expires : (Corporate Acknowledgement ) THE STATE OF TEXAS COUNTY OF BRAZOS § This instrument was acknowledged before me on the of February , 1988 byA . BROTHERS , P . BOYD , Vice President of YOUNG said CONTRACTORS , a Texas corporation , on behalf of BROTHRSINC . ,INcorporation . , , `' Notary Public, State of Texas Nota y' s Printed Name: My Commis en Expires : r • c: AGREED AND ACCEPTED: ATTEST;.---,:: :ST: CITY OF COLLEGE STATION: S-cretary �� / BY :Q...— - LAR ,R C791%) May•7 SPECIAL WARRANTY DEED OF PARKLAND t W.WD. Fitch and Young toW. D. t g Brothers , Inc , , Contractors y of College Station Page Three of Four Pages 2` 1't tr),'"c (•,-,..n ' - EXHIBIT A TO SPECIAL WARRANTY DEED OF PARKLAND FROM W. D. FITCH AND YOUNG BROTHERS , INC. , CONTRACTORS , TO CITY OF COLLEGE STATION "PARKLAND PROPERTY" All that certain tract or parcel of land lying and being situated in the S.W. Robertson Survey, Abstract No. 202, in Brazos County, Texas, being a part of that 956 .1 acre tract conveyed to W.D. Fitch by deed recorded in Volume 703, Page 8 of the Official Records of Brazos County, Texas , a part of that 172. 81 acre tract conveyed to Area Progress Corporation by deed recorded in Volume 822, Page 836 of the Official Records of Brazos County, Texas , and a part of that 749.98 acre tract conveyed to the College Station Economic Development Foundation by deed recorded in Volume 894, Page 657 of the Official Records of Brazos County, Texas, and being more particularly described as follows : Beginning at the intersection of the southeast line of Green' s Prairie Road and the southwest line of the said College Station Economic Development Foundation tract at the most northerly corner of the said W.D. Fitch tract which is also the most northerly corner of the said Area Progress Corporation tract. Thence S 41° 52 ' 23" W - 81. 85 feet along the southeast line of Green's Prairie Road to the most westerly corner of the Exxon Pipeline Company easement described by recorded in Volume 959, Pages 149 and 152 ofendment Records the Official Rec Easement of Brazos County, Texas; Thence S 39° 34 ' 29" E - 7218.35 feet along the sout the said Exxon Pipeline Com an hwest line of ent same in the south line of the aidaW.D. F to the south corner of Fitch tract; Thence N 86° 47 ' 41 ' E TW.D. Fitch tract to- 100.50 feet along the south line of the the most easterly corner of same; Thence N 39° 34 ' 29" W - 248 . 48 feet along the said W.D. Fitch tract to the south cornere ofnortheast said Cod Collegene ofe Station Economic Development Foundation tract; Thence N 86° 49 ' 29„ E - 105. 57 feet the said College Station Econom c Develo along the south line of northeast line of the Gulf pment Foundation tract to the nodescribed States Utilities Company easementt f the Deed in Volume 129, Page 496 and Volume 130, Page 15Records of Brazos County, Texas; a Thence N 39° 34 ' 29" W the said Gulf 7, 117 . 07 feet aloe southeast States Utilities along the northeast line line of Green 's Prairie Company easement to the Road; Thence S 41° 52 ' 23" - Theen nce Prairie W85.91 feet aloe 27. 29 Road to the Point along the southeast line of ng acres of land more or less . of Beginning and containing SPECIAL WARRANTY DEED W. D. Fitch andF PARKThBrothers , Inc, , Contractors toCity of College Station Page Four of Four Pages • i02 SP& City of College Station • \ / POST OFFICE BOX 9960 1 101 TEXAS AVENUE COLLEGE STATION, TEXAS 77840.2499 MEMORANDUM TO: Glenn Schroeder FROM: Dian Jones DATE: March 17 , 1988 SUBJECT: Special Warranty Deed/Disposition Dear Glenn, Attached is the SPECIAL WARRANTY DEED OF PARKLAND convey- ing a 27.29 acre tract to the City of College Station from W.D. Fitch and Young Brothers, Inc. has been placed on record at the Brazos1s County1nal Courthousent and should now be filed with the other warranty deeds for parkland dedicated to the City of College Station. Thank you for your attention to this matter. J I;