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1991V1330P317 SPECIAL WARRANTY DEED • • ° DATE: August 0Z(4. , 1991 -5 H GRANTOR: FOSSIL MOUND CORPORATION, a Texas corporation GRANTOR'S MAILING ADDRESS: 2108 Southwood Drive, College St ipn, Brazos o ty_, Texas 77840 (�,��' .. GRANTEE: CITY OF COLLEGE STATION, a Texas Home Rule Muniei al Corporation GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue, College Station, Brazos County, Texas 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: Being all that certain 1.0881 acre tract or parcel of land lying and being situated in the CRAWFORD BURNETT LEAGUE, A-7, in College Station, Brazos County, Texas and being a portion of the 103.8 acre tract of land conveyed to Area Progress Corporation from Southwood Valley, Incorporated, by deed dated March 28, 1985, and recorded in Volume 778, Page 71, of the Official Records of Brazos County, Texas, and being more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). EXCEPTIONS TO CONVEYANCE: 1, Taxes for the year 1991 and all subsequent years and subsequent assessments for prior years due to changes in ownership or land usage, the payment of which Grantee assumes. 2. This conveyance is made and accepted subject to any and 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 changes, 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, to the extent, but only to the extent, the same are now in force and effect and relate to the Property. 3. Any easements that may affect the property, including but not limited to roadways, sewer, telephone, water, and/or telephone and electric lines. 4. GRANTEE ACKNOWLEDGES AND AGREES, BY ITS ACCEPTANCE HEREOF, THAT THE PROPERTY IS CONVEYED "AS IS, WHERE IS" AND IN ITS PRESENT CONDITION WITH ALL FAULTS, AND THAT GRANTOR HAS NOT MADE AND DOES NOT HEREBY MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER STATUTORY, EXPRESS, OR IMPLIED, WITH RESPECT TO THE QUALITY OR CONDITION OF THE PROPERTY, THE INCOME TO BE DERIVED THEREFROM, THE SUITABILITY OF THE PROPERTY FOR USES WHICH GRANTEE MAY CONDUCT THEREON, COMPLIANCE BY THE PROPERTY WITH ANY LAWS, RULES, ORDINANCES, OR REGULATIONS OF ANY APPLICABLE GOVERNMENT WARD .iU rA 31i Page I AUTHORITY, HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, OR OTHERWISE WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT GRANTOR HAS NOT MADE AND DOES NOT HEREBY MAKE ANY REPRESENTATIONS REGARDING THE PRESENCE OR ABSENCE OF ANY HAZARDOUS SUBSTANCES (as hereinafter defined) ON, UNDER, OR ABOUT THE PROPERTY OR THE COMPLIANCE OR NONCOMPLIANCE OF THE PROPERTY WITH THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, THE SUPERFUND AMENDMENT AND REAUTHORIZATION ACT, THE RESOURCE CONSERVATION RECOVERY ACT, THE FEDERAL WATER POLLUTION CONTROL ACT, THE FEDERAL ENVIRONMENTAL PESTICIDES ACT, THE CLEAN WATER ACT, THE CLEAN AIR ACT, THE TEXAS NATURAL RESOURCES CODE, THE TEXAS WATER CODE, THE TEXAS SOLID WASTE DISPOSAL ACT, THE TEXAS HAZARDOUS SUBSTANCES SPILL PREVENTION AND CONTROL ACT, ANY SO CALLED FEDERAL, STATE OR LOCAL "SUPERFUND" OR "SUPERLIEN" STATUTE, OR ANY OTHER STATUTE, LAW, ORDINANCE, CODE, RULE, REGULATION, ORDER OR DECREE REGULATING, RELATING TO OR IMPOSING LIABILITY (INCLUDING STRICT LIABILITY), OR STANDARDS OF CONDUCT CONCERNING ANY HAZARDOUS SUBSTANCES (COLLECTIVELY, the "Hazardous Substance Laws"). 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 warranty, when the claim is by, through, or under Grantor but not otherwise. When the context requires, singular nouns and pronouns include the plural. DATED this �,6 day of August, 1991. GRANTOR: FOSSIL MOUND CORPORATION, a Texas corporate BY: W. D. FITCH, President GRANTEE: CITY OF COLLEGE STATION a Texas Home Rule Municipal Corporation By: LA• R ' e L " R Mayor ATTEST: B 1 c r(,J;l J Y: c: CONNIE HOOKS, City Secretary WARRANTY DEED Page 2 APPROVED: By: RON RAGLAND, City Manager APPROVED AS TO FORM: By: OCKE, City Attorney APPROVED A 0 FINANCING: By: LENN SC OEDER, Executive Director of Fiscal & Human Resources THE STATE OF TEXAS § (ACKNOWLEDGMENT) COUNTY OF BRAZOS § This instrument was acknowledged before me on the d-L4ti day of August, 1991, by W. D. FITCH, President of FOSSIL MOUND CORPORATION, a Texas corporation, on behalf of said corporation. My l / cg ngig.i i fires: • P;nt��r> r�`'i�, St�to of Terae Notary Nilotic, State of Texas iviy Commission Expires 5.26-92 Printed Name: Gay h t• fe� THE STATE OF TEXAS § (ACKNOWLEDGMENT) COUNTY OF BRAZOS § This instrument was acknowledged before me on the _((� day of August, 1991, by LARRY RINGER, Mayor of CITY OF COLLEGE STATION, a Texas Home Rule Municipal Corporation, on behalf of said corporation. :A •.it11• •• ! • • • \ LUL( 2/-,-- • Notary Public, Stpte of Texas = fN. -y Pu:' o Printed Name: 'm Ff I{��- AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: Caperton, Rodgers & Miller, P.C. Caperton, Rodgers & Miller, P.C. P.O. Box 4884 4444 Carter Creek, Suite 208 Bryan, Texas 77805 Bryan, Texas 77802 File No. 04077.004 SPECIAL WARRANTY DEED: FOSSIL MOUND CORPORATION, a Texas corporation TO CITY OF COLLEGE STATION, a Texas Home Rule Municipal Corporation WARRANTY DEED Page 3 Yoe 13: Qra 319 Being all that certain tract or parcel of land lying and being situated in the CRAWFORD BURNETT LEAGUE, A-7, in College Station, Brazos County, Texas and being a portion of the 103 .8 acre tract of land conveyed to Area Progress Cor- poration from Southwood Valley, Incorporated, by deed dated March 28, 1985, and recorded in Volume 778, Page 71 of the Official Records of Brazos County, Texas and being more particularly described by metes and bounds as follows: BEGINNING: at a i-inch iron rod found marking the west corner of SOUTHWOOD VALLEY SECTION 25C Addition as recorded in Volume 830, Page 419, said corner also being in the southeast right-of-way line of Deacon Drive as currently dedicated; THENCE: S 47° 51 ' 35" E along the southwest line of said SOUTHWOOD VALLEY 25C Addition for a distance of 675. 15 feet to a z-inch iron rod found for corner, said iron rod also being in the northwest line of the 48 . 65 acres conveyed to COLLEGE STATION JOINT VENTURE I, LTD. and recorded in Volume 1203 , Page 550; THENCE: S 4.2° 06 ' 32" W along the common line of the said 156. 56 acre tract and the beforemehtioned 103 .8 acre Area Progres Corp. tract for a distance of 70. 00 feet to a i-inch iron rod set for corner; THENCE: N 47° 51 ' 35" W for a distance of 650. 19 feet through the interior of the said 103 .8 acre tract to a 1/2- inch iron rod set for the Point of Curvature of a curve to the left; THENCE: 39 . 27 feet along the arc of said curve having a central angle of 90° 00 ' 00", a radius of 25. 00 feet, a tangent of 25. 00 feet and a long chord bearing S 87° 08 ' 25" W at a distance of 35. 36 feet to a h-inch iron rod set for corner, said iron rod being in the beforesaid southeast line of Deacon Drive; THENCE: N 42° 08 ' 25" E for a distance of 95. 00 feet to the POINT OF BEGINNING and containing 1. 0881 acres of land, more or less. EXHIBIT L , Page I of 1 Pages V0: 13N Pace 320