HomeMy WebLinkAboutNo Address - General Warranty Deed - Gail & Geraldine Whitcomb II
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IiiS 175-08-0880
CORRECTION OP GENERAL WARRANTY DEED
THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS, THAT:
S
COUNTY OF HARRIS S •
WHEREAS, under- date of March 1, 1972, GAIL WHITCOMB and
wife GERALDINE WHITCOMB (hereinafter referred to as "Grantors") ,
executed and delivered to AUSTIN-NORTHWEST DEvLIAPMENT COMPANY
(hereinafter referred to as "Grantee") , a Deed of Conveyance .
(hereinafter referred to as the "Deed") , which Deed was filed for
record in the Office of the County Clerk of Harris County, Texas
under County Clerk's File No. D547871, and recorded under No.
141-36-2543, in the Official Public Records of Real Property of
Harris County, Texas, reference to which Deed and the record there-
of is here made for all purposes; and
WHEREAS, the Deed contains, inter alia, a restrictive ,
,__
covenant affecting portions of the lands conveyed by such Ded,
which restrictive covenant appears in the Deed in the following
fog: - 1
"As a covenant running with the land enforce-
' able bj the Grantors, their heirs and assigns,
��'� as owners of other lands in the vicinity of
/'I till. Subject Lands and binding upon the Grantee,
X.: its successors and assigns, as owners of all
or any part of the Subject Lands, the Grantee,
by its acceptance hereof, covenants, stipulates,
and agrees that no part of the Subject Lands
(other than perhaps Tracts Three-E and Three-
() shall be used for industrial or manufactur-
ing purposes."; and
WHEREAS, the word "perhaps" which appears in the paren-
thetical element in such covenant was inserted by mistake, as Grantors
had no desire to qualify the exclusion of Tracts Three-E and Three-F
from the effect of such covenant; and
WHEREAS, Grantors and Grantee desire to correct such error,
and to evidence such correction hereby so that the record will re-
flect the correct text of such covenant:
3
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I75-08-05F1 i.
NOW, THEREFORE, in consideration of the premises, Grantors
and Grantee hereby covenant and agree as follows:
1. The sentence contained in the Deed•which is quoted above
• is hereby..corrected by .deleting the word "perhaps" therefrom,eand
such sentence is d, s
intended to anhall: read as' folloVat
'As a covenant running with. the land enforce-
able by the Grantors, their heirs and assigns,
as owners of other lands In the vicinithe yr ,
ofntee �
the-Subject Lands and binding upon
its successors and assigns, as
owners of ofa ,
alld l
cr any part of the Subjectnte
by its acceptance hereof, covenants, stip
and agrees that no part of the Subject rands
(other than Tracts Three-E and Three-F1 shall _
1 be used for industrial qr manufacturing pur-
poses."
2. Tracts Three-E and Three-F, as such tracts are designated
•
and -described in Exhibit "A' to the Deed, are intended to be and •
shall be excluded from the effect of such restrictive covenant.
3. Grantors and Grantee hereby ratify and confirm the execu-
tion and delivery of such Deed, and all of the grants, conveyances,
agreements, ions and other terms and provisions
covenants, roan,-..at
thereof, as corrected hereby.
4. This Correction of General Warranty Deed shall be binding
upon and inure to the benefit of Grantors, Grantee and their respec-
tive heirs, successors an3 ass n3.
, 1977.
EXECUTED THIS day of
,
NE PItiITCOMB
,'',11!'
ADSTIN-NORTHWEST DEVELOPMENT COMPANY
t-A"2TBSTT s
�s • -4- . BY:
...G �L Tres ent
.• '' Ass stant Secretary" "
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I75-08-0882
. .'THE STATE OF TEXAS S -'
S
COUNTY OF HARRIS S
;., .-,
the unders gned authority, on this day,tperson-
BEPORE ME, `` President of AUSTIN-
ally appeared y} � Will- b,!•p .
NORTHWEST DEVELOPM N 7�, .a Texas corporation; known tome
to be the person whose name is subscribed to the foregoing instru-
mente-
and acknowledged to me that he executed same for_t.he p�xP
and consideration therein expressed, in the capacity therein stated
and as the act and deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the -
day of Coigt,4, , . 1977.
\r, u St.,' .
NOT ARY��P U B LIC 1n'1Pfejf.11:s?
• Barris County, T E X 2%: E •
a ..
THE STATE OF TEXAS 5
S
COUNTY OF HARRIS S t
BEFORE ME, the undersigned authority, on thayhperson-
ally appeared GAIL WHITCOMB, known to me to be the person .
r}aTtepie subscribed to the-to regoing.instr4ment,.and acknowledges to
\fR�. th ,h_e executed sane .for--phe• purposan.and consideration thersin
ii
tpressd.
/., GIVE DI UNDER MY HA2v� i+i�p SEAL OF OFFICE, this the ����
dy 4f- , 1977: .
�'NOTARX �'�
-• L C in and for
Harris County, T E X A S
THE STATE OF TEXAS S
S
• COUNTY OF HARRIS 5
BEFORE ME, the undersigned authority, on this day person-
ally appeared GERALDINE WHITCOMB, known to me to be the parson whose
..•'' that shesexecuted same for to the Ptheng purposes and consideratioent and n ed to
therein
expressed.
•;'/ G VEN UNDER MY HAND AND SEAL OF OFFICE this the
. ( , 1977.
da °' ' - , l„ �'3� — -
"i *,••• NOTARY PUBLre in and for
Harris County, T E X A S
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D5i78'71 infit-: ,-7� I: .. D 514787i 1ST A F9 '�
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THE STATE OF TEXAS §
D COUNTY OF HARRIS §
D D
THIS DEED OF CONVEYANCE dated as of March /sc,, 1972, .
I
executed by GAIL WHITCOMB and wife," GERALDINE WHITCOMB, resi-
dents of Harris County, Texas (hereinafter called "the Grantors") ,
to AUSTIN-NORTHWEST DEVELOPMENT CO., a Texas corporation acting /-/' )/
herein by and through its hereunto duly authorized offs,
' 1
(hereinafter called "the Grantee").
(RECITALS) : •
t .1
WHEREAS, the Grantors own the real property and prem- CT,
ises hereinafter described,and defined subject to the matters c r
herein set forth, and c.....)
WHEREAS, the Grantors desire to convey the properties
to the Grantee, all upon and subject to certain terms, reserva-
tions, provisions and stipulations herein expressed and made
between the parties hereto.
(DEFINITIONS) :
The Grantors and the Grantee hereby covenant and agree
I
1 that in addition to terms elsewhere herein defined, the respect-
I•• ive terms when used herein shall have the following meanings un-
less context otherwise requires:
AHEM i
(a) The "Subject Lands" or "Subject Tracts" shall re-
fer to those certain tracts of land containing 864.579
acres of land, more or less, consisting of a lot inIII
Webster Outlots and tracts in the Thomas Choate Survey,
Abstract No. 12, the John Dickinson Survey, Ab-•
stract No. 15, and the Sarah McKissick Survey, 7
Abstract No. 549, Harris County, Texas, described
in Exhibit A attached hereto, signed by the Grantors
a� for identification and made a part hereof.
(b) "Tract One," "Tract Two," and the other terms de-
• fined in Exhibit A shall, when used in the body
of this instrument, have the respective meanings
•` • ascribed in Exhibit A.
. (c) The "N-L Parcel" shall refer to the following tract
of land out of Tract Two:
That certain tract of land containing 132.35 acres ,
r :•
.'�'4 more or less, in the Thomas Choate Survey, Abstract
No. 12, Harris Ccunty, Texas, said 132. 35 acres
>da ' Leine; more particularly described a:: follows :
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MITo locate the Place of Beginning, Commence at tux
i iron rod marking the intersection of the Fast
line of the Thomas Choate Survey with the Northerl,r
right-of-way line of F.M. Highway No. 523 (3 right-
of-way 100 feet in width) said iron rod narl,icte
the Southeast corner of Tract Two, and then run
South 81 degrees 12 minutes 47 seconds West along
the Northerly right-of-way line of said F.M.Htergay
` 100 feet. wide a distance of 1739.97 feet to a
point for the Southeast corner and PLACE CF Fl.'Em-
NING of this parcel;
U
THENCE South 81 degrees 12 minutes 47 seconds 4r'tist
continuing along the southerly line of Tract Twa
and the Northerly right-of-way line of F.M.highkaz.
No. 528 a distance of 1817.87 feet to a -N+nt for
corner being the Southwest corner of Tra. %a;
1111
THENCE North 48 degrees 24 minutes 49 secoa .s West
along the West line of Tract Two and the East line
of the Sarah McKissick Survey, Abstract No. 5kg, r. •
a distance of 1689.25 feet to a point for cornet ► ,
being the Northwest corner of Tract Two; ,
THENCE North 41 degrees 38 minutes 05 seconds East
1111
along the Northerly line of Tract Two and thek '
n
Southeasterly right-of-way line of Webster- e
Friendswood Road a distance of 2673 feet to a ��
point;
THENCE South 46 degrees 28 minutes 02 seconds East
a distance of 1355.64 feet to a point for corner;
THENCE South 08 degrees 47 minutes 13 seconds East
a distance of feet to the PLACE OF ES-
GINNING, and containing 132.35 acres of lard.
(d) The "N-H Lands" shall refer to all those portions o;
the Subject Lands in which the Grantors do nat. Z•
of the date hereof, own as much as ore-half (1/ )
of the oil, gas and other mineral thereunder Cut
"N-R Lands" shall not include Lot 6 and the North-
wester] One-Half (NW-1/2) of Lot 8 in Block 5 or
Sherman Place Subdivision after April 23, 19Vi.
(e) The "Subject Encumbrances" shall refer to those
easements, rights-of-way, mineral and royalty Inter-
ests and other matters described and set out int
j Exhibit B attached hereto, signed by the Granttort ;vv.i
made a part hereof, to the extent and only to th:r
extent and subject to the stipulations and trcvl:ty:..
Lilo contained in the preamble to Exhibit ii.
(COt:t'EYArCE BY GRANTORS) :
The Grantors, for and in consideration of fr:t rh:ttara
($10) and other rood and valuable consideration to the Gtuttc•r3 I'
paid and :secured and agreed to be paid t•, the G. a;t_r, A, hr:rig.
after set forth, the sufficiency of which ecnslde:•attcct is Z-ere:X
tx.
confessed and aeknowleked by the Granter.., have v'1'.Ult , i.0 -
i •Sal
ai:,eJ .
, Sold andConvoyed , and by there f: c. cnt, , .' :�i• ,
Bargain, Sall and Convey unto the Grantee all the S:a,!rrt Li t? ,
t ' i'J � • e
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subject to the royalty reservation hereinafter contained. t
i The Subject Lands are subject to validly exlstl:.g
rights, if any, of third parties under or with respect to the
Subject Encumbrances. The Grantors expressly grant and taphVelq
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unto the Grantee,'without warranty (express or implied) Ind
subject to the royalty reservation hereinafter contained Ind to
111 the vendor's lien hereinafter retained, all rights, titles,
interests, claims, demands and estates (including rever '%ry
estates) owned, claimed or held by the Grantors in, to ata %tater
(i) the instruments creating or evidencing the Subject Enbum-
trances to the extent same affect the Subject Lands, and WO in M
k •
and to the lands covered and affected by the Subject En:Cunt.:a=es Ili ! .
to the extent the same lie within or abut the S.:bjent :,.s;els zr
within streets, roads or highways abutting the Subject Cards.
There is excepted herefrom and reserved unto the
Grantors, their heirs and assigns, an undivided one-sixteenth
(1/16) non-participating royalty interest in and to all the Olt,
gas and other minerals in and under and that may be produott acv.i
saved from all the Subject Lands other than the N-R LSr:ds. The
Grantors shall have no right to participate in the taking or O:Il,
gas and/or mineral le; ies covering such portions of the t%ItZtot
• Lands or to participate in any bonuses or delay rentals uhlo`c C;re
Grantee, its successors and assigns, shall receive fcr or ul'adtr
any such leases, but Grantors' only right and that of their heirs
and assigns under this reservation shall be to receive, as a rree
royalty, at such time or times, if any, as production shalt be •
6I obtained from said land by the Grantee, its successors 4n1 astrCr?s.
(a) on oil, 1/16 of that produced and saved from said lard, :O
be delivered at the wells or to the credit of the Grantors, t"-n*t:
heirs and assi;.ns, into th% pipeline to which t':c wcl:a air :-
Iconnected, (b) en gas, including casinghead r,aa ur ol:,cr t;a:.c:a:
substances produced from said land and sold or used off the e r cThtrcr
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l'^- .......:.:as•.- ` -.f . 1tL6Vl .un,. , s.....•_...10 ...._ ,•.. ...<•,.4.•,-Ln.•.,..- ww►tW "MM-....... ++ . Ac
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for the extraction of gasoline or ,other liquid hydrocarbon
• therefrom, the market value thereof at the well of 1/16 of
.the gas so sold or used, provided that on gas sold at the well
the royalty shall be 1/1G of the amount realized from such sale,
and further provided that the Grantors shall be entitled to re-
ceive 1/16 of any shut-in gas royalties payable under the te:'
of any lease covering such portions of the Subject Lands, an.i
(c) on all other minerals mined and marketed, 1/_16 either in
kind or value at the well or mine, at the election of the rrant _e
or any lessee to which the Grantee shall grant such an election, .
it being understood and agreed that the Grantee, its lessees,
successors and assigns, shall have free use of oil, gas, coal,
and other minerals for oil, gas and minir.o operations on s.ioh tar
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portions of the Subject Lands, all royalty payable to Grantors, h`'
their heirs and assigns, to be computed after deducting any fJ'` A.
minerals so used. The Grantee, its successors and assigns, shall •
have the exclusive right to execute all oil, gas and/or mineral
leases covering such portions of the Subject Lands but it or they
shall never under any circumstances be under any oblightien what-
soever to the Grantors, their heirs or assigns, to execute such
leases or to explore or develop such portions of the Subject Lands
for oil, gas or other minerals.
The royalty interest hereinabove reserved in favor of
the Grantors with respect to oil, gas and other minerals in and t`
•
•
,under and that may be produced and saved from the Subject Lands •
(other than the N-R Lands) shall be calculated over and above and
shall not be charged with or absorb or bear the burden of any
royalty or mineral interests validly affecting all or any part cr
the Subject Lands (other than the N-R Lands) including,' without
limitation, any of those royalty or mineral interests included
within the Subject Encumbrances. •
As a covenant running with the land enforceable by the
Grantors, their heir:; and assigns, as. owners of other lands in ti'r
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vicinity of the Subject Lands and binding upon the Grantee,
III its successors and assigns, as owners of all or any part of the
Subject Lands, the Grantee, by its acceptance hereof, covenants,
stipulates, and agrees that no part of the Subject Lands (other
than perhaps Tracts Three-E and Three-F) shall be used ;or in-
dustrial or manufacturing purposes. Such Subject Lands (other
than Tracts Three and Three-F) shall be used primarily for
res, '.:ntial purposes, with, however, the Grantee, its' successors
and assigns, empowered to designate portions thereof )rves,
or as reserves for commercial uses. Nothing herein shall prohibit
any parts of the Subject Lands from being used for single family
1
I::: dwellings, duplexes, multiple unit or apartment houses, town t ,+
tr
houses or cluster house development. Furthermore, it is understt,t:i t..
that the use of tracts or parcels of land within the Subject L,am"ie ,,y
for service stations, television repair shops, bakeries, and
other uses involving retail sales and the performance of services
to customers at retail will not be considered manufacturing or
industrial use of the property. At such time as the Grantee,
its successors or assigns, may promulgate and prepare instruments
embodying definitive restrictions upon any part of the Subject
Lands incident to its improving and subdividing the same, the
Grantee may provide in such instrument that the covenants therein
contained inure to the benefit of the Grantors, their heirs and
assigns, whereupon the Grantors, their heirs or assigns, may, act-
ing by Gail Whitcomb or his legal representative, accept su Th
III covenants contained in said instrument in lieu of those set forth
1n this deed. •
The consideration for this Deed has been paid and has
been arced and is secured to be paid to the Grantors by the
Grantee as follows :
(1) Five Dollars ($5) and other good and valuable
iall consideration has thin day teen paid in ca• h to
• the Crnnt.nrn by the Grantee, the receipt of which
is hereby acknowledged, and
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(2) The remaining portion of the consideration for
11 this Deed in the amount of One Million Six Hundred
Three Thousand Five Hundred Dollars ($1,603,500.00).
has been deferred and shall be payable to the order
of Grantor Gail Whitcomb and the indebtedness there-
for is evidenced by that certain promissory note of
even'date herewith (hereinafter called "the Subject •
Note"), made by the Grantee payable to the order of
Grantor Gail Whitcomb in the principal sum of One
1 Million Six Hundred Three Thousand Five !iundred
Dollars ($1,603,500.00), a copy of the Subject Note
being attached hereto as Exhibit C and made a part
hereof for all purposes.
• In addition to the express vendor's lien he;
after retained upon all the Subject Lands •(
ill
than the N-L Parcel) to secure the payment of .e
Subject Note, the Subject Note is 'further and addi-
tionally secured by that certain Deed of Trust of p.
even date herewith executed by the Grantee to Thomas
—
L. Whitcomb, Trustee, and covering and describing �1•)
the Subject Lands (other than the N-L Parcel). Cr
I.
TO HAVE AND TO HOLD all the Subject Lands, together with L
11111 all and singular the rights and appurtenances thereto in anywise CO
belonging but subject to the royalty reservation hereinabove con-
ii- tained, unto the Grantee, its successors and assigns, forever;
and Grantors do hereby bind themselves, their heirs and legal
representatives TO WARRANT AND FOREVER DEFEND, all and singular
the Subject Lands, subject to such royalty reservation, to
validly existing rights, interests, claims and estates, if any,
El
of third persons under or with respect to the Subject Encumbrances,
and to the non-exclusive license reserved by the Grantors in the
ill immediately next succeeding paragraph hereof, unto the Grantee, .
its successors and assigns, against every person whomsoever law-
fully claiming or to claim the same or any part thereof, except
- the warranty of title hereunder shall, in the case of Tract Three-E,
extend to persons lawfully claiming or to claim by, through or e
under theGrantors and not otherwise. •
BUT the express v^ndor•'s lien and superior title are
hereby retained in favor of Grantor Gail Whitcomb upon all the
Subject Tracts (other than the N-L Parcel) until the Subject Note
Lille
and all interest and other sumo to accrue or to become payable
thereon :hill have been paid in full in accordance with the face
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and tenor, effect and reading of the Subject Note, whereupon
this Deed shall then become absolute. The Grantors do not re-
tain any lien upon the N-L Parcel and expressly release and
r-linquish to the Grantee any lien (express or implied) thereon.
The Grantors further reserve hereunder a non-exclusive
license and right to cross with motor vehicles or on foot Tract
One, along such reasonable route as may be from timg. to tine
designated by the Grantee, its successors and assiE tts or
their sole discretion after written request from the Granters, for
access to and from the parcel immediately south of Savell Gully
r .%
and adjoining Tract One (being a parcel of land bounded by Cr
r'
Savell Gully on the north or northeast, by Clear Creek on the
Mho to
south or west and on the southeast by the projection southwesterly
of the most westerly southeasterly boundary line of Tract Qne
hereinafter called "the South Parcel") with Farm-to-Market Highway
No. 528, until such time as the South Parcel nay have been
afforded either through Tract One or otherwise access to the
public road system of Harris County, Texas. The route may from
time to time be modified by the Grantee, its successors and
assigns solely in its or their good faith discretion. No public
dedivatIon shall L. inferred by use of any route hereunder but
to the contrary until and unless an express dedication shall to
made to the public by the Grantee, Its successors or assigns of
record, no use by any person whomsoever of any route established
hereunder shall ripen into or be a basis for any public right o:
any character. Any use of such route by the Grantors, their
1 heirs or assigns shall be made in a reasonable manner and at the
sole risk of such party using the route.
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(SUBORDINATION TO SUlDIVISION AND DEDICATIONS : i
CONSERVATION AND RECLAMATION DISTRICTS : PARTIAL .
• ' RELEASES) ,
I! . . .
The Grantor Gail Whitcomb, for and on behalf of him-
self and each and every subsequent owner or holder of the Subject
Note (the term "Holders" .as used hereinafter referring to the,;
II
1 Grantor- Gail Whitcomb and to subsequent owners and holders of
1111 the Subject Note) and the Grantee, by its acceptance hereof and —
for and on behalf of itself,• its successors and assigns term —
I
"Owners" as used hereinafter referring to the Grantee, its .zc- (�,'
cessors and assigns), covenant and agree that for purposes of N
CJ'1
t.n
I convenience herein and in addition to terms elsewhere herein O
defined, the respective terms shall have the following meanings : '
(1) The "Subject Liens" shall r-:fer to the vendor's
lien and deed of trust lien, respectively, re-
tained and created upcn all the Subject Lands
(other than the N-L Parcel) as provided herein-
!illabove to secure the Subject Note.
(2) The "Primary Amount" shall refer to the amount (
equal to the number of acres in the parcel being I
1111 partially released (calculated to the thousandth
of an acre) multiplied by the amount of $3,500.00
in the case of parcels within Tract One, the amount
of $6,000.00 in the case of Tract Three-F, and the
amount of $3,000.00 in the case of all other Sub-
IMME ject Tracts.
(3) The "Secondary Amount" shall refer to an amount
equal to ace led unpaid interest upon the Subject
Note attributable to the. Primary Amount as at the
date of payment or tender of the Primary Amount.
(4) "Conforming Parcel" shall refer to a parcel which:
i;__ (a) If within Tract One, contains not less than
thirty (30) acres, is bounded on at least
one side by an exterior boundary of Tract
One, has basically a solid configuration,
A does not deprive any part of the balance of
Tract One from reasonable access to Farm-
to-Market Highway No. 528 by dedicated, im-
proved public streets, and does not result
1 in there remaining any unreleased segregated
parcel or parcels with configurations and
access not consistent with reasonable develop-
ment and use plans,
(b) If within Tract Two, contains not less than
twenty (20) acres, i:: bounded on at least
". - one side by an exterior hcundary of Tract
;, Two (or of the fl-I. Parcel) , has basically a
solid configuration, and does not deprive
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any part of the balance of Tract Two then
covered by the Subject Liens from reasonable
access to Webster-Friendswood Road or Farm-
to-Market Highway No. 528 unless such balance •
has access to and frontage on an improved,
dedicated road or street extending along the •
east boundary line of the N-L Parcel, and
does not result in there remaining any un-
released segregated parcel or parcels with
configurations and access not consistent . .
with reasonable development and use plans,
(c) If within Tract -Three-A, consists of either
all of Tract Three-A or the northwesterly
one-half (NW-1/2) or the southeasterly one- _. .
half (SE-1/2) thereof.
(d) If within Tract Three-B, consists of either
all of Tract Three-B or the southwesterly f •�
• one-half (SW-1/2) thereof or the north- CT;
easterly one-half (NE-1/2)•thereof. n;
(XI
(e) If within Tract Three-C, constitutes either Cr
all of Tract Three-C or a tract of land com-
posed of (i) all of Lots 10 and 11 in Block �_m.
5 of Sherman Place Subdivision. (ii) all of
Lots 1, 2 and 12 in said Block 5 or the
southeasterly one-half (SE-1/2) or north-
westerly one-half (NW-1/2) of the body of
land formed by such Lots, (iii) all that part -
of Tract Three-C lying southwesterly of the
northeasterly lines of Lots 3 and 8, (iv) all
of Lots 3, 4 and 5 in Block 5, or (v) all of
Lots 6 and 8 and the southwesterly one-half
(SW-1/2) of Lot 7 in Block 5. .. —
(f) If within Tract Three-D, consists of either
all of Tract Three-D or of (i) Lot 3 in Block
7, and after the partial release of said Lot .
3, then (ii) the balance of Tract Three-D in
the entirety.
•
(g) If within Tract Three-E, consists of all of . •
Tract Three-E.
(h) If within Tract Three-F, consists of, all of
Tract Three-F.
The Holders grant to the Owners and stipulate that the --
Owners shall be entitled to request and receive partial releases,
from time to time as a continuing right while default does not +
exist under the Subject Note or under the covenants contained ;
in the Deed of Trust securing the same, insofar as the liens se-
curinp the Subject Note cover and affect a Conforming Parcel by
paying for application upon the Subject Note an amount equal to
the total of thu Primary Amount and the Secondary Amount.
1
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The Holders agree that all partial release payments
made by the Owners hereunder shall to the extent of the Primary
Amount thereof be applied to the next maturing installments of
principal upon the Subject Note in the inverse .order of the
maturities thereof, if the parcel or parcels being released
are lo..ated within any of the Subject Lands other than Tract
One, Tract Two, Tract Three-C or Tract Three-D or in the direct
order of the maturities thereof if the parcel or parcels ^''tg
released are located within either Tract One, Tract Two, .., _
t�
Three-C or Tract Three-D, and to the extent of the Secondary
Amounts to accrued unpaid interest upon the Subject Note. The
1
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i. r .,
payment cf re6ular s.allments of principal (with all accrued u,
!I interest upon the Subject Note also being paid) or any other
N
payment or prepayment of principal made before default shall
entitle the 'Owners to partial releases of liens in conformity with
1111 the provisions hereinabove set forth. The right to partial re- • .
leases shall be a continuing right exercisable by the Owners from
11 time to time while default does not exist under the Subject Note
or under the covenants contained in the deed of trust securing the
l
Subject Note. The request for a partial release shall be in
writing and shall be accompanied by (i) a survey plat de-
apicting the particular Tract in which the material parcel is
located, any parcel theretofore released out of such Tract,
ill . .
and the parcel then requested to be released, (ii) a metes •
and bounds description of the parcel then requested to be parti-
ally released , and (iii) a calculation of the acreage contained
in the parcel upon :;hich..the partial release is requested (which
calculation shall include any area within any street, road cr
utility or other edserent (other than street , highway and road
rights-of-way as same now exit) to the extent of the one-half
W width of the portion thereof abutting; such parcel or the entire
w.'•Jth thereof if within the parcel to Le relca ed or if either ,
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no part of the Subject Tracts lies on the opposite side thereof
or if the lands on the opposite side have been theretofore ,
partially released without the abutting one-half of.the easement
being included in the calculation for partial release payment) -
I . all prepared by a registered land surveyor selected by the Owners. $
The request for partial release shall further be accompanied by
current funds in the amount required for the partial release, as
herein specified.
Each partial release shall be prepared by the Ow. srs
and shall to in form acceptable to the attorney for the Holders. — • : ' ' .
Each partial release shall be filed for record by the Owners at
the Owners' expense. c'
•
e ri
The Owners may from tine t� time subdivide, ty record- C_I'1
Cr
1111 able maps or plats dedicating roads, streets, and drainage and (..-'.) -
alother utility easements, po:••:ions of any one -Or more of the Subject
Tracts in accordance with applicable statutes and rules and regu-
•
in
rations of the City Planning Commission (or comparable agency
It: then having jurisdiction) of the City of Houston or other munici-
pality then having control of subdivision and improvement of the
•
material portion of Subject Tracts. The Holders agree and °ni-
l; themselves to Jo i with the Owners in the execution of the plat
and dedication of any such subdivision whenever the plat and dedi-
cation and plan for the development thereof have been approved• by
such municipal o" governmental authority having jurisdiction of .
Miiiii
the same., and further agree and obligate themselves to join with '
the Owners in the execution of an instrument or Instruments in-
pczinr rep:rictive covenants, dedicating streets, roads and
easements and establishing building lines upon the Subject Tracts
o'r portions thereof in accordance with the plans of the Owners .
for the development thereof.
'he Own.erc have indicated that they may desire to
establish one or more conservation and reclamation districts
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created pursuant to Article 16, Section 59, of the Texas Consti-
tution oi• have all or portions of the Subject Tracts included
III within existing districts for the purpose of providing water,
sanitary sewerage and drainage services to the Subject Tracts or
portions thereof and property in the vicinity thereof, and that
if one or more such districts are formed, the Owners may need •
the written approval of the Holders as lientiolders and mortgagees.
• The Holders hereby agree to the creation of cne or mo? , such
conservation and reclamation districts comprised of a__ arts
of the Subject Tracts and properties in the vicinity thereof or
the inclusion of all or parts of the Subject Tracts into existing Xi.
districts, and agree to Join with the Owners in executing all docu- COI
CT:
rents necessary to the creation of any such district or.inclusion I
N
in existing districts, including, but not limited to, a Petition cr•
cs
i
for Consent to the Creation of such a district to be submitted to
Ill - the City of Houston or any other municipality whose extraterritorial
jurisdiction extends to any part of the lands to be included within
such district, a contract with the City of Houston or other muni-
cipality with regard to constriction within any such district;
and a Petition for the Creation of any such district addressed to
III the Texas Water.Rights Commission, with, however, the understand- .
ing and stipulation that the Holders do not assume and shall not
be liable for any cost, expense or sum whatsoever in connection
with the creation, organization or operation of any such districts
cr on account of any act, omission or agreement of or on behalf of
•
any such district. The Holders further agree that the bonds of .
any such district supported by ad valorem taxes upon all or any
li part of the Subject Tracts may be voted and sold by any sucjl district ,
and that construction may be commenced by the Owners at any time
aft:r rny such district is created by the Legislature of the State
of Te::as or the Texas Water Rights Commission. Any formal written
consent required in connection with the matters provided fur In _
11 this paragraph will be signed by the Holders upon submission of
j -17_
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•
the appropriate forms to them for their signatures as lienholders ___
upon the Subject Tracts. The Holders further agree to subordinate
II the Subject Liens to any easement dedications to be made, to any
11 such district for the purpose of providing right-of-way for its
water lines, sewerage lines, drainage ditches and other facilities
if such dedications have received written approval of the City
Planning Commission of the City, of Houston or other agency having •
Jurisdiction with respect to subdivision of lands within the
Subject Tracts as being consistent with future subdivision and
development of such lands.
The provisions of the two (2) immediately next preceding -
ch-
paragraphs hereinabove shall be binding upon the Holders only at ��)
II Q1
such times as default does not exist in the payment of the Subject N
U7
Note or under the covenants contained in the Deed of Trust secur- Cfl�t
ing the payment thereof.
The Grantee Joins herein to evidence its acceptance -
hereof and its agreement to the partial release of lien and sub-
ordination provisions and all other stipulations herein set forth.
The Grantee by its acceptance hereof covenants and .
agrees to pay all ad valorem taxes upon the Subject Tracts from
and including taxes for tt year 1972. •
EXECUTED as of the to fi t herei bove written •
;-1
i omb • _% .
Geraldine IKhitcomb
;
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THE STATE OF TEXAS §
COUNTY OF HARRIS § • . i,
• BEFORE ME, the undersigned authority, on this day per '
sonally appeared GAIL WHITCOMB; known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowl •
-
,edg@d :to me that he executed the same for the purposes and con- -%
_ .•:-s-ideration therein expressed._
\/ GIVEN under my hand and seal of office t7Tisthe -,! '
day;af ^,t -�&.. , 1972• --
Notayy/Ptlic in and for
Harris County, Texas .p..
•
IEFOIDER'S M EMDIANDI•4: Y;... :. .. _. • "
All or r.no of no Text o. T►. rot. Nctary Put;.c in and:_t A.::::CcLinty.Total
�►r Not Ornrly L rillo or Satufartor, f -, C�
My Commission Fxpircx:-.�
THE STATE OF TEXAS § C�C�3
•
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day
personally appeared GERALDINE WHITCOMB, known to me to be the
person whose name is subscribed to the foregoing instrument, •
and acknowledged to me that she executed the same for the pur •
-
poses and consideration therein expressed. ..
,GIVEN under my"hand and seal of office this the (5 .:.
day of /�',.,,r 'J , 1972. -
-r i t :....
, No ,y/Plic in and for
Harris' County, Texas
•
Nctary FL..:.:.n r,...•. .)..'.T:/.a.
t -..
My Cornrtus cn ✓ irr::_.6�___
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- EXHIBIT A
[Description of the "Subject Lands" Conveyed by Deed
dated March 1, 1972, from Gail Whitcomb and wife, •
Geraldine Whitcomb (therein called "Grantors"), to
Austin-Northwest Development Co. (therein called (-
"Grantee") Consisting of an Aggregate of 864•.579 _
Acres of Land Situated in the Thomas Choate Survey,
Abstract No. 12, the John Dickinson Survey, Abstract. o
No. 15 and the Sarah McKissick Survey, Abstract No.
549, and a Lot in'Webster Outlots, a Subdivision in
the Robert Wilson Survey, Abstract 88, Harris County,
Texas, All in Harris County, Texas] '
All tracts of land herein described are sometimes collectively --'
called "the Subject Tracts" or "The Subject Lands" in the Dee -
of which this is Exhibit A. The respective Subject Tracts are
described and defined as follows: `!
(1) "Tract One" shall refer to that certain tract of land _
1 containing 289.757 acres of land, more or less, situated .p.
in the Thomas Choate Survey, Abstract No. 12, John
Dickinson Survey, Abstract No. 15 and the Sarah McKissick
Survey, Abstract No. 549, Harris County, Texas, and de- rn
scribed as follows: I
Ni•
BEGINNING at an iron rod marking the intersection of the
t-n
East line of the Thomas Choate Survey, Abstract No. 12, '�1
with the Southerly right-of-way line of F.M. Highway No. -
528 (a right-of-way 100 feet in width);
THENCE South 03 degrees 01 minutes 25 seconds East along
a fence in the East line of said Thomas Chcate Survey a
distance of 1635.35 feet to a 1-1/4 inch iron pipe in
Southeast and Southwest corner of a fence enclosure, ..
marking the Southeast corner of the Thomas Choate Survey;
THENCE South 87 degrees 15 minutes 37 seconds West along
a fence in the South line of said Thomas Choate Survey, a
distance of 982.74 feet to a 1-1/4 inch iron pipe;
THENCE South 41 degrees 43 minutes 19 seconds West a
distance of 399.03 feet to a point for corner;
THENCE South 48 degrees 13 minutes 13 seconds East along
a fence a distance of 1912.12 feet to an iron rod in
Easterly corner of a fence enclosure; •
THENCE South 41 degrees 43 minutes 15 seconds West along a
fence a distance of 900.26 feet to an iron rod in Southerly `_
corner of a fence enclosure;
THENCE North 48 degrees 14 minutes 36 seconds West along a ---
fence a distance of 1912.14 feet to a point for corner;
THENCE South 41 degrees 43 minutes 19 seconds West a
• distance of 1982.42 feet to a point in the center line ,
of Savell Sully;
THENCE downstream, along the center line of Savell Gully,
• with the following meanders :
i
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1 ~ Z
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. r rww.s.rtia -♦ f a `4 a.•w -+ �'. ' 'tr.—.. '!. : �
•
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44,
IV •
Course Distance
in Feet'
(1) North 83 degrees 33 minutes 17 seconds West 88.76
dil
(2) South 23 degrees 32 minutes 42 seconds East . 26.93
(3) South 00 degrees 37 minutes 29 seconds West 41.73
(4) South 49 degrees 31 minutes 05 seconds West 47.17
(5) South 87 degrees 03 minutes 22 seconds West 60.68
Il (6) South 57 degrees 35 minutes 45 seconds West 57.43 • ,
(7) North 81 degrees 00 minutes 50 seconds West -4 I
(8) South 82 degrees 08 minutes 05 seconds West 71.,
P (9) South 63 degrees 32 minutes 12 seconds West 41.48
—
(10) North 40 degrees 40 minutes 08 seconds West 79.26 ! •
(11) North 52 degrees 40 minutes 12 seconds''West 56.61 �I
Cr
(12) South 83 degrees 54 minutes 19 seconds West 29.78
tV
C.n
(13) South 33 degrees 40 minutes 25 seconds West 94.48 cc ro
(14) South 68 degrees 23 minutes 39 seconds West 48.68
(15) North 71 degrees 08 minutes 12 seconds West 43.34
(16) North 51 degrees 43 minutes 01 seconds West 6?.06
(17) South 89 degrees 01 minutes 00 seconds West 19.42
(18) South 78 degrees 38 minutes 27 seconds West 11.57
(19) South 10 degrees 03 minutes 21 seconds West4.09
(20) South 02 degrees 48 minutes 23 seconds East 65.46
(21) South 21 degrees 43 minutes 20 seconds West 27.07
(22) South 13 degrees 01 minutes 39 seconds West 24.00
(23) South 3d degrees P!2 minutes 56 seconds East 69.92
(24) South 02 degrees 25 minutes 05 seconds East 63.23
(25) South 22 degrees 40 minutes 51 seconds West 118.94
(26) South 70 degrees 31 minutes 52 seconds West 49.41
: ' '
(27) North 48 degrees 29 minutes 16 seconds West 43.60
(28) North 63 degrees 40 minutes 54 seconds West 54.78
(29) North 79 degrees 16 minutes 06 seconds West 49.25
(30) South 56 degrees 40 minutes 1G seconds West 23.83
�_
(31) South 21 degrees 35 minutes 58 seconds West 107.34
-2-
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I Course Distance
in Feet
' (32) South 43 degrees 58 minutes 37 seconds West 115.27
Ali (33) North 88 degrees 45 minutes 41 seconds West 41.16
•
id (34) North 43 degrees 21 minutes 10 seconds West 43.20
(35) North 22 degrees 22 minutes 27 seconds West 45.61
III (36) North 06 degrees 53 minutes 53 seconds West 80.22
Iiii (37) and North 25 degrees 00 minutes 00 seconds West 55.0
to a point in the Easterly Waters edge of Clear Creek;
THENCE along the Easterly Waters edge of Clea. .ek,
upstream, with all of its meanders, a dirtanc —
approximately 1200 feet to a point for corner;
I: . THENCE North 36 degrees 19 minutes 17 seconds East ��,�
at 10 feet pass a 2-inch iron pipe in all a distance CT
of 1868.64 feet to a 1-1/4 inch iron pipe for corner;
THENCE North 27 degrees 23 minutes 26 seconds West a CO
n
distance of 1612.14 feet to a 2-inch iron pipe in the
Southerly right-of-way line of F.M. Highway 328;
THENCE North 81 degrees 12 minutes 47 seconds East
along the Southerly right-of-way line of F. M. Highway
mill 528 passing at a distance of 847.99 Feet the Northeasterly
line of the Sarah McKissick Survey and the southwesterly
line of the Thomas Choate, and continue a total distance
■ o2f 4312.93 feet to
the moreEcOOFlBEGINNING and containing
.747
es
nd,
(2) "Tract Two" shall refer to that certain tract of land
containing 307.176 acres, more or less,
situated
uin nythe
Thomas Choate Survey, Abstract No. 12, Harris
Texas, and described as follows.:
ill -
BEGINNING at an iron rc.d marking the intersection of the
East line ( . the Thomas Choate Survey with
the Northerof-way100
till right-of-way line of F.M. Highway 52'
feet in width);
THENCE South 81 degrees 12 minutes 47 seconds West along
the Northerly right-of-way line of F.M. Highway 528, a
distance of 3557.84 feet to a point for corner in the
i southwesterly Northeasterly 71ne of the Sarah ne of the sMcKissick Choate u rvey and the
Survey;
! .1 THENCE North 48 degrees 24 minutes 49 seconds West along
iC said line between the Thomas Choate Survey and the Sarah
i McKissick Survey a distance of 1689.25 feet to a point in
the right-of-way line of Webster-Friendswood Drive (a
. ' right-of-way 80 feet in width);
` THENCE North 41 degrees 38 minutes 05 seconds East along
"
+h the Southeasterly right-of-way line of Webster-Friendswood
,4' Drive a distance of 4627.80 feet to an iron rod for corner;
i'q•
TIIEIICL' South 48 degrees 21 minutes 19 seconds East at
distance of 639.91 foot pass a Spring Leaf, continuing
. South 48 dc.;reea 21 minutes 19 :seconds East along a fence,
in 24
vt
Easterly
orner
..? of fi•lce enc]osurece oinf Z the�ca.,tt7Incooft�thc Thomas Choate
m
• Survey,
r.
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11
THENCE South 03 degrees 15 minutes 32 seconds East along
a fence in said East line of the Thomas Choatea Survey,
a distance of 2659.16 feet to the PLACE O. GINNING
containing 307.175 acres of land.
11
1 (3) "Group- Three Tracts" shall refer to all the following
tracts of land separately described and defined as follows:
!!! (a) "Tract Three-A" shall refer to the following
tract of land containing 18.729 acres of land,
more or less, constituting Lots 1 and 12 in
Block 4 of SHERMAN PLACE SUBDIVISION,, a sub-
division according to the map or plat thereof
recorded in Volume 69, Page 231, Deed Records of
Harris County, Texas, and described as follows:
To Locate the Place of Beginning, Commence at the —
intersection of the Southeasterly line of F.M.
Highway 2351 with the Northeasterly line of
Block 2 of Sherman Place Subdivision said ��,)
intersection being located 2610.0 feet North 41
degrees 38 minutes 05 Seconds East from the North
easterly line of the Sarah McKissick Survey,
•,: .
intersection also being in the Southwesterly Cro,
right-of-way .line of Hope Village Road (a right-
=""' of-way 60 feet in width) and run along the North-
.., easterly line of Block 2 of Sherman Place Sub-
tit division South 48 degrees 26 minutes 29 seconds
East at a distance of 2525.57 feet pass the East
`A._ corner of Block 2, in all a distance of 2575.57
feet to the Northerly corner of Lot 1, Block 4,
of Sherman Place Subdivision for the Northerly
corner and the PLACE OF BEGINNING;
Ili THENCE South 48 degrees 26 minutes 29 seconds
East along the Southwesterly right-of-way line of
Hope Village Road a distance of 1295.0 feet to a
point for corner;
THENCE South 41 degrees 38 minutes 05 seconds West
a distance of 630.0 feet to a point for corner;
THENCE North 48 degrees 26 minutes 29 seconds West
a distance of 1295.0 feet to a point for corner;
1111 THENCE North 41 degrees 38 minutes 05 seconds East
a distance of 630.0 feet to the PLACE OF BEGINNING,
and containing 18.729 acres of land, more or less.
(b) "Tract Three-till shall refer to the following tract
of land containing 18.535 acres of land; more or
less, constituting Lot 1 in Block 3 of SHERrAN
PLACE SUBDIVISION, a subdivision according to the
map or plat thereof recorded in Volume 69, Page 231,
Deed Records of Harris County, Texas, and described
as follows :
1111 To Locate the Place of Beginning, Commence at the
northerly corner of Lot 1 in Block 4 of Sherman '
Place Subdivision and run North 41 degrees 38 minutes
05 seconds East at a distance of 60.0 feet pass the
Westerly corner of Block 3, in all a distance of .
2010.0 feet to the :•:ecterly corner of Lot 1, Block 3
of Sherman Place Subdivision, same being the PLACE •
OF BEGINNING of this tract; _
•
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tN,Y �4, 1 :. i i.R- t+ +r 4. C!1 w 4*;0 M. K ,•1 e, ,,�,.,,%.ex)l,i.t: .i....t:1rv�A ..,. +..Lula
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THENCE North 41 degrees 38 minutes 05 seconds ,East -
a distance of 1271.5 feet to a point for corner in
the southwesterly line of Beamer Road;
•
THENCE South 48 degrees 26 minutes 29 seconds East
along the Southwesterly line of Beamer Road a r
distance of 635.0 feet to a point for corner;
THENCE South 41 degrees 38 minutes 05 seconds West .
a. distance of 1271.5 feet to a point for corner;
' THENCE North 48 degrees 26 minutes 29 seconds West
• a distance of 635.0 feet to the PLACE OF BEGINNING
and containing 18.535 acres of land, more or less. -
(c) "Tract Three-C" shall refer to that certain tract
of land containing 167.331 acres of land, more or `
less, constituting all of Block 5 of SHERMAN PLACE, —
_
SUBDIVISION, a subdivision according to the map or _
plat thereof recorded in Volume 69, Page 231, Deed •
Records of Harris County, Texas, exce t Lot 9 and tI•)
the Northeasterly One-Half, of Loth, and described
Cr
as follows: n) -
. • C. 1
CT)
Locate the Place of Beginning, Commence at the C
Northerly corner of Lot 1, Block 4 of Sherman Place -
_
Subdivision, then run South 48 degrees 26 minutes
29 seconds East along the Northeasterly lire of
Block 4, at a distance of 2590.0 feet pass the
Easterly corner of Block 4, in all a distance of
2640.0 feet to the Northerly corner of Block 6 from
which run North 41 degrees 38 minutes 05 seconds
•
East a distance of 60.0 feet to the Westerly corner
of Block 5, same being the PLACE OF BEGINNING of
•
this tract, •
THENCE North 41 degrees 38 minutes 05 seconds East
along the Northwesterly line of Block 5 a distance
of 3221.50 feet to the Northerly corner of such Block;
THENCE South 48 degrees 26 minutes 29 seconds East
a distance of 2590.0 feet to the Easterly corner of
said Block 5;
THENCE South 41 degrees 38 minutes 05 seconds West
a distance of 1271.5 feet to a point for corner;
THENCE North 48 -degrees 26 minutes 29 seconds West
a distance of 1295.0 feet to a point for corner;
THENCE South 41 degrees .38 minutes 05 seconds West
a distance of 660.0 feet to a point for corner; r:
THENCE South 48 degrees 26 minutes 29 seconds East '"
a distance of 1295.0 feet to a point for corner;
THENCE South 41 degrees 38 minutes 05 seconds West '
a distance of 660.0 feet to a point for corner;
t
THENCE North 48 decrees 26 minutes 29 seconds West r i
a distance cf 635.0 feet to a point for corner;
• THENCE South 41 degrees 38 minutes 05 seconds West x
a distance of 315.0 feet to a point for corner;
_5:
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•any f:410l K•,•• T. •pit• ?'il.w:... : •✓'•',...,..•,1,7 m id,A'•i:4.--;7?..,••*:•0;-,.-, . . -i 4•44Z= .7'
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7-
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I THENCE South 48 degrees 26 minutes 29 seconds r -.
li ' East a distance of 635.0 feet to a point•for
corner; ;.
THENCE South 41 degrees 38 minutes 05 seconds
•
West a distance of 315.0 feet to a point being
the southerly corner of Block 5;II
THENCE North 48 degrees 26 minutes 29 seconds
West a distance of 2590.0 feet to the PLACE OF
BEGINNING, and containing 167.331 acres of land,
more or less.
(d) "Tract Three-D" shall refer to that certain tract
of land containing 48.051 acres of61 a,7more•
and the -
less, constituting all of Lots 3,
Southwesterly One-Half of Lot 8, all in Block 7
of SHER:SAN PLACE SUBDIVISION, a subdivision acce• .cam
ing to the map or plat thereof recorded in Volum. —
69, Page 231, Deed Records of Harris County, Texas, CI
and described as follows: C
To Locate the Place of Beginning, Commence at the cNJt '
Northerly corner of Lot 1, Block 4,-Sherman Place Q`
Subdivision, and then run South 48 degrees 26 EN.)
29 seconds East along the Northeasterly
lines of Blocks 4 and 6 at a distance of 2590.0
feet pass the Easterly corner of Block 4, at a
•distance of 2640.0 feet pass the Northerly corner
of Block 6, at a distance of 5230.0 feet pass the
Easterly corner of Block 6, in all a distance of
5280.0 feet to the Northerly corner of Block 8, and
= ,
then run North 41 degrees 38 minutes 05 seconds East
;" at a distance of 60.0 feet pass the Westerly corner
.i:. of Block 7, in all a distance of 690.0 feet to the
t •.t Westerly corner of Lot 3, Block 7 Sherman Place for
'•`: the PLACE OF BEGINNING of this tract;
^' THENCE North 41 degrees 38 minutes 05 seconds East
i
a distance of 660.0 feet to a point for corner;
? THENCE South 48 degrees 26 minutes 29 seconds East
a distance of )295.0 feet to a point for corner;
THENCE South 41 degrees 38 minutes 05 seconds West
a distance of 330.0 feet to a point for corner;
'' THENCE South 48 degrees 26 minutes 29 seconds East . -`
:-, a distance of 1290.0 feet to an iron rod in the
:..; Northwesterly right-of-way line of Friendswood- • `'r.
Webster Rcad (a right-of-way 80 feet wide); ..
111 THENCE South 41 degrees 38 minutes 05 seconds West �'.
along the Nor
th�:esterly right-of-+ray line of Friends::ood- «
Webster Rcad a distance of 960.0 feet to the Southerly
111
corner of Block 7, Sherman Place; <
THENCE North 48 degrees 26 minutes 29 seconds West
a distance of 1290.0 feet to the Westerly corner of
Lot 6 in said Block 7; A,
THENCE North 41 degrees 38 minutes 05 seconds East
a ulsLance of 630.0 feet to a point at the Southerly .s*
corner of Lot 3 in Bloc:: 7;
•
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7
THENCE North 48 degrees 26 minutes 29 seconds
West along the Scuthwcatcrly line of Lot 3 in
said Block 7 a distance of 1295.0 feet to the •
PLACE OF BEGINNING and containing 48.051 acres
. of land more or less.
(e) "Tract Three-E" shall refer to that certain tract
of land containing 5 acres of land, more or less , '
being a portion of.Lot 9 in Block 1 of SHERMAN
PLACE SUBDIVISION, ,a subdivision according to
the map or plat thereof recorded in Volume 69,
Page 231, Deed Records of Harris County, 'Texas,
iand described as follows :
BEGINNING at the easterly corner of Lot 9 at the
southerly corner of Lot 10 in Block 1 of Sherman
Place Subdivision;
III THENCE South 41 degrees 38 minutes 05 seconds We . .tom
along the Southeasterly line of said Lot 9 a ' •
distance of 330 feet to a point for corner; 1 •
THENCE North 48 degrees 26 minutes 29 seconds West Cr
a distance of 635 feet to a point for corner; fV
C_!'t
THENCE North 41 degrees 38 minutes 05 seconds East W
I . • a distance of 330 feet to a point in the North- •.
easterly line of Lot 9;
THENCE South 48 degrees 25 minutes 29 seconds East
a distance of 635 feet to the PLACE OF BEGINNING,
ill and containing 5 acres of land, more or less.
(f) "Tract Three-F" shall refer to that certain tract
containing 10 acres of land, more or less, con-
stituting all of Lot 6 in Block 7 of WEBSTER OUTLOTS, -:
a subdivision in the Robert Wilson Survey, Abstract
88, Harris County, Texas, according to the map or
plat thereof recorded in Volume 67, Page 197, Deed '
Records of Harris County, Texas.
. • 0 FN!.9' DEO• CATION
•
B �J.'n..i:. lu. :
•. , 1.. . / /110101 ,
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• EXHIBIT B / iii
[List of "Existing Encumbrances" Referred to and
Defined in Deed dated March 1, 1972, from Gail _ __
Whitcomb and wife, Geraldine Whitcomb (therein -
called "Grantors"), to Austin-Northwest Development .,•
Co. 'therein called "Grantee") and Conveying an - •
-
. Aggregate of 864.579 acres• consisting of a lot in .
Webster Outlots and Tracts Situated in the Thomas el.
Choate Survey, Abstract No. 12, the John Dickinson _
Survey, Abstract No. 15 and the Sarah McKissick
Survey, Abstract No. 549, all in Harris County, .
Texas, as More Fully Described in Exhibit A
i - Attached to the Deed]
The Subject Tracts are referred to in this Exhibit •�
in accordance with the respective definitions and descriptions — -
set out in Exhibit A. The recitations and statements contained I • • •
in this Exhibit B that certain Subject Tracts or one or more N .;-
thereof or portions of any one thereof are subject to specifically 1 ,
mentioned easements, rights-of-way, mineral or royalty interests
LP
or other encumbrances shall not operate to subject any Subject '
Tract or any portion thereof to any such easement, right-of-way,
mineral or royalty interest or other encumbrance except to the •
extent that such easement, right-of-way, 7.ineral or royalty inter-
est or other encumbrance is valid and presently subsisting upon
a Subject Tract or a specific portion thereof. No reference to
any easement, right-of-way, mineral or royalty interest or other
encumbrance herein shall be deemed to conrtitute a recognition
by either the Grantor or f,he Grantee that such easement, right-of- 111
way, mineral or royalty interest or other encumbrance is valid and11
III
presently subsisting except to the extent the same may in fact
be valid and presently subsisting. No reference shall create,
confirm or enlarge any rights in favor of any party other than --
the Grantor and the Grantee and their respective heirs, successors
and assigns, nor shall any reference spread or enlarge any easement, ::3:i
right-of-way, mineral or royalty interest or other encumbrance
~-
beyond the nature, scope and extent (including the lands affected •
thereby) immediately prior to the conveyance effected by the Deed
of which this Exhibit B is a part. . If any reservation or exception 7 4=-:'
hereinafter listed or referred to constitutes an exception to
which prior reservations or grants. are charged in whole or in part
under the theory of estoppel by deed or otherwise, such reserva- .4..
tion or exception shall not be enlarged or freed from such charge
hereunder.
Y
(1) In Case of Tract One or Portions Thereof: ;L ix
(a) Pipe line easement and right-of-way granted to ;4- ,...
Humble Pipe Line Company under Easement Deed ev. _
- dated April 25, 1966, executed by Houston Endow- • `^
ment, Inc. , and recorded in Volume 6336, Page
28, Deed Records of Harris County, Texas.
(b) 't• „{Q0+4 .....f
;?
- 4 .
1
�e ,, /ad el:1i
• . _•••:...t.,
(c) W dlvided one/fourth (1/4) intcrc:t in oil
gas, sulphur and other minerals conveyed to • {
C
.y� W..Ley . ?L :7�✓G.- .,
• 4,( !0} 10 ,;•:. „ sV .-{ 'I fii; tR i:.r„.-Vk r • ....t-,,pot t 4.Ect: •fit c:i,,:oh..t.;:,„,i{•nx:►tttyky.h �s�.,
t•
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1„
s `
:
M. P. Erwin under Deed dated March 8, 1934,
iii from Mrs. Ruth H. Iovine Scholter, et vir, and
recorded in Volume 236, Page 407, Deed Records
of Harris County, Texas.
(d) Undivided one/fourth (1/4) interest in oil, gas,
sulphur and other minerals conveyed to I. M.
Bowles under Deed dated March '8, 1934, from Mrs.
Ruth H. Iovine Scholter, et vir, and recorded in
Volume 236, Page 406, Deed Records of Harris
County, Texas.
(e) Undivided one/thirty-second (1/32) royalty inter-
est reserved unto Pan American Casualty Company
in Deed dated July 16-, 1951, to Gail Whitcomb and
recorded in Volume 2316, Page 452, --ed Records
of Harris County, Texas. _
(f) Undivided one/sixteenth (1/16) royalty _nterest .
reserved unto Mrs. I. V. Townsend in Deed dated
May 25, 1962, to Gail Whitcomb and recorded in e •'
Volume 4750, Page 444, Deed Records of Harris
County, Texas, for a term of 15 years from date ?
Cr
and so long thereafter as oil, gas or other �,
cs
mineral are produced from the tract therein de-
scribed.
III (g) Undivided one/sixteenth (1/16) royalty interest
reserved unto Victor E. Serberg et ux in Deed
dated June 29, 1962 to Gail Whitcomb and re-
corded in Volume 4786, Page. 564, Deed Records of
Harris County, Texas, for a term of 15 years from
date and so long therea*ter as oil, gas or other
mineral are produced from the tract therein de-
scribed.
(h) Pipe line easement and right-of-way granted to
Humble Pipe Line Company under Easement Deed
dated October 18, 1931, executed by Mrs. Seth F.
Dawson, et al, and recorded in Volume 1144, Page
• 335, Deed Records of Harris County, Texas, as •
amended by Agreement dated June 13, 1966, and
re orded in Volume 6404, Page 340, Deed Records s.
of Harris County, Texas. 1
III
4h•
(i) An undivided one/half (1/2) interest in and to all ;
royalties on oil, gas or other minerals which may -+
be produced from that cer tain undivided interest 1'
XI in and to those certain lands which undivided 1
interest was conveyed and such interest in and
to royalties was reserved in Deed dated December
24, 1938, from Margaret I. Martin, et vir, to
Josephine R. Whitcomb and recorded in Volume
1120, Page 235, Deed Records of Harris County,
Texas.
i
•0 ) Those pipe line easements and rights-of-wayir
•
• granted t., Humble Pipe Line Company under and by
virtue of those certain Easement Deeds identified
by dates, grantors and recording references as c
follow: :
F.
. . -2-
}?, 'lT r'Ft ,rw..:"'• b.e. YL. . 1 a ... s r: r ~.. ^^+1'T".--.•. . ry«--.. . . ' • . • M.. .. w••
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IT
I.
9
II Dates Grantors Recorded in Deed
Records of Harris
County, Texas t
Volume Page
m
6-22-66 Virginia A. 6411 12
ill Mayes, et vir
10-5-39 Mary V. Allen - 1145 262
12-18-43 C. J. Allen, et ux 1316 619
iii (k) Drainage easement and right-of-way granted to Harris County Drainage District No. 2 under Ease- _tom
ment Deed dated May 30, 1941, executed by t'il. H. ._
Whitcomb, et al, and recorded in Volume 120 rage I
ii 434, Deed Records of Harris County, Texas. f .1
(1) The life estate in and to an undivided one/half
of the royalties devised under the Will of Gail H. .
Whitcomb and wife, Josephine R. Whitcomb, to their
daughter, Gladys Mary McKinney, which Will was.
admitted to probate in the Matter of the Estate of
Josephine R. Whitcomb, Deceased, Cause No. 47336,
in the Probate Court of Harris County, Texas,
he
c
o the
(m) Riportionhts of ofthe Tractate Oneolyingas and withintthepbedioft11 Clear
Creek,
(n) The undivided one/sixteenth (1/16) royalty inter-
est on oil, gas and other minerals reserved unto
Ethel B. trills, et to'Gail in t ritcombhat aiandn eed dated .
recorded
November
um 12, 6945, .
Eil
in Volume 1116, Page 125, Deed Records of Harris
County, Texas, for a term of 40 years after the
date of such Deed and as long thereafter as oil,
gas or other minerals are produced from the lands
•
. described in such Deed,
(o) The undivided one/sixteenth (1/16) royalty inter-
-.1 est on of . and gas reserved unto Roy R. Johnson,
et al, in that certain Deed dated September 22, ��
1955, to Gail Whitcomb and recorded in Volume 3030,
im Page 690, Deed Records of Harris County, Texas.
ill (p) Drainage easement and right-of-way granted torrent o
Harris County Drainage District No. 2 by
EasDeed dated June 19, 1941, executed by Mrs. W. E. L
Mills, and recorded in Volume 1204, Page 431, Deed
ill Records of Harris County, Texas, and
(q) Any easements and rights-of-way excluded from
of is ounty, TOrder
dated eMarch i26, 1964,ssioners C authorizing ourt of rcancellation of
a portion of Sherman Plate Subdivision including
the easement and right-of-way granted by Gail
Whitcomb thereunder for proposed Clearwcod Drive
:::i (60 feet in width) . •
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o M w .. ♦,... ... �r,4 a �. !, 4 ,r�''' S7::.yv'a..day,;, 44?:•I ;� w1-�"Ml44•ide `
io :riry."xFyx.� ! stt�� > �.4:'� `„ .. «�M �,TTV3„ Y^. ...r X1 v r �..'_j K4r •. aJ••,- `�
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i
(2) In case of Tract Two or Portions Thereof:
(a) The undivided royalty interest 1 sted as Item
(n) under Section (1) of this Exh1b4t B,
IMO (b) PipGase line Utilityasement Serviceand V CompanyunderaEasementdDeed '
dated August 10, 1967 from Gail Whitcomb and
III - recorded in Volume 6884, Page 522, Deed Records
of Harris County, Texas,
(c) T: ' easement and right-of-way listed as Item
(p) under Section (1) of this Exhibit B,
I . .
(d) The easement and right-of-way for widening of
Webster-Friendswood Road by dedication of an
additional 20 feet off t::e northwest si. 'f
Blocks 9 and 10 of Sherman Place Subdic as _
provided in Order of the Commissioners Cou . of
Harris County, Texas, dated March 26, 1964, f '1 Cr:
authorizing cancellation of a portion of Sherman C •
Place Subdivision. Cr1',+ '
(e) Those easements and rights-of-way as listed under `CT'
r
Item (q) of Section (1) hereof, and
1111 (f) Drainage easement an:. right-of-way granted to
Harris County Flood Control District under Ease-
ment Deed dated April 17, 1947, from John S.
Congdon and recorded in Volume 1788, Page 39,
Deed Records ,of Harris County, Texas.
(3) In the case of Group Three Tracts:
PI (a) Tract Three-B:
(i) Rights of holders of oil, gas and other r
I • minerals in, on and under the land and
valid leasehold estates of their lessees,
1,._ (ii) Easements and rights-of-way granted to Humble •
•; Oil & Refining Company under Easement Deeds
'ated April 15, 1946, from E. J. Glover and
recorded in Volume 1434, Pa88, Deedted
Records o. Harris County, Texas,
May 2, 1946, from Mrs. E. J. Glover and
recorded in Volume 1335, Page 29, Deed
Records of Harris County, Texas, and
4 (iii) Oil and Gas Leasehold Estate under Oil and
Gas Lease dated March 26, 1934, executed by
•:-:-� A. Glover et ux, "Lessor," and
recorded
oin
Volume 244, Page 295, Contract
Harris County, Texas, as amended of record
1 prior to April 16, 1971, and the rights,
privileges, benefits and royalties reserved
to John S. Congdon., et al, with respect to
such Lease, as so amended, and during the
term thereof, under Deed dated April 16,
1971, to Gail Whitcomb and recorded in Volume
•_.0 8414 . Page 136, Deed Records of Harris County,
J.! Texas.
43gg
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li
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•
•
/.: •.A.*2,,r•.lf-.T":12•:.. ribs .:iwr..1ai i i' ,' ,• ��1 '[�!I11•• •• "n%r,+S-?,C�1j'XX:0,".: 40 .� .,1i ti...1.4ijoe.AY%;eiC
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(b) Tract Three-C: '
(1) To the extent of a triangular-shatedof par-
cel out of Lot 3 in Block 5,
rig
third-party owners of mineral estat-,
(ii) To the extent of Lot 6 and Northwesterlon
one-half of Lot 8 in Block 5,
of all oil and gas to Mrs. Nieska Vogel
Christensen in Deed dated April 23, 1957, •
to 7 gei207 and dofnHarrisVolume
33
3327, Page 207, Deed Records
. County, Texas, as amended to be for a term of 20 years from April 23, 1957, under
Instrument dated August 13, 1957, and Deed
re-
corded in Volume 3382, Page 607, -
Records of Harris County, Texa
(ill) To the extent of the Southeast •Jr. lf r ,}
of Lot 8 in Block 5, ,ve
C7
undivided royalty interests reserved to
1
Howard J. Bryant in Deed dated October 24, r>>
1962, to Gail Whitcomb, and recorded in
Volume 4938, Page 484, Deed Records of pp
Harris County, Texas, to Kathryn M. Shutts
in Deed dated October 31, 1962, to Gail
Lnf .
Whitcomb, and recorded in Volume 4938,
III Page 486, Deed Records of Harris County,
Texas, and to Frank J. Shutts in Deed
dated October 30, 1962, to Gaillhitcomb,
and recorded in Volume 4938, Page
88,
• Deed Records of Harris County, Texas,
(iv) That certain pipe line easement and right-
. , of-way granted to Stanolind Pipeline Company
in two (2) segments consisting of that
granted under Easement Deed dated January
8, 1935, from Margaret McFarland and re-
-::i corded in Volume 975, Page 453, Deed Rec-
ords of Harris County, Texas, and of that
granted under Easement Deed dated January
8, 1935, from Eliza J. Glv , and corded
• -„ in Volume 975, Page 450, Deed Records
f
.? Harris County, Texas,
(v) That certain pipe line easement and right-
. t of-way granted to Humble Oil & Refining
- -� Company under Easement Deed dated August 2,
s• 1937, fror., :argaret h1rFarland and recorded
•
in Volume 1063, Page 711, Deed Records of
•
Harris County, Texas,
(vi) Those certain drainage easements and riehts-
of-way granted to or held by Harris County
..Y Flood Control District under Easement Deedse,d
recorded in Volume 1771, at Pages 645,
and 651, respectively.
E.
y-;
•
4 -.bt
• •!to /
..24 0 -9- 1
fir.
° }ctnvidi" n4M11Ii,3y4:
41 :4T % 10L•ti`NA ` /6 x � fi :'4 Ac ►:i t •` •' •, • .♦,,,, « ' §e • .J77*'Tt .'K• '
•w- , .-: "..
1..
i
,, .
n:
(c) Tract Three-D:
That certain drainage easement and right-of-way
granted to or held by Harris County
trol District under Easement Deed recorded -n
MEN Volume 1771, Page 657, Deed Records of Harris
County, Texas.
Ill (d) Tract Three-E: .
(i) Road easement 25 feet in width along south-
east property line as shown on plat re-
corded in Volume 69, Page 231, Deed Rec-
- ords of Harris County, Texas, and
!!! (ii) All oil, gas and mineral estate granted —
to Humble Oil & Refining Company 4 t�
Mineral Deeds dated August 4, 193' ,n
L. F. Ewell, et al, and recorded in lume
1098, Page 306, Deed Records of Harris co
UI
County, Texas, and October 25, 1937, from
J. C. Walter, et al, and recorded in Volume fv
1098, Page 195, Deed Records of Harris Crt
cnD ,
County, Texas. C
(e) Tract Three-F:
{ Pipe line easement and right-of-way
anted to
Standish Pipe Line Company by Easement et
dated July 21, 1939, from Maxwell C.
Barnes,r3, Deed
al, and recorded in Volume 1139, P
Records of Harris County, Texas.
t:
NED R IDEN F CATION
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�- $1,603,500.00 Houston, Texas March 1, 1572 .
;,:-.4.,.
For value received and in installments as hereinafte=
7a» set forth, Austin-Northwest Development Co. , a Texas corporation
Nil acting herein by and through its hereunto duly authorized officers
(hereinafter called "the Maker"), promises to pay to the order of
$N Gail lhitcomb (hereinafter Called "the Payee"), at the Payee's
MEM office at 1201 Houston First Savinrs Building, Houston, •Harris
County, Texas, in lawful money of the United States of America,
1111 (i) the principal sum of One Million Six Hundred Three Thousand
Fie Hundred Dollars (;1,603,500.00) and (ii) interest from
Zan►;a ry _,(_,, 1972, until maturity upon the balance of
the principal sum from time to time remaining unpaid at the rate
of four percent (4%) per annum. The Maker further promises to pay
in like money interest upon all past due principal and accrued r.
interest from maturity until paid at the rate of ten percent (10,.)
per annum.
. The interest upcn this Note is payable in . -annual _
installments on September 1 and March 1 of each year, t ac- -is
crues, with, however, the first semi-annual installment of inter-
—est being due and payable on the first day of March, 1973, and CI
• With a succeeding semi-annual interest installment being due and cn
payable on the first day of each March and September thereafter,
I r
until this Mote is paid in full.
Crl
The principal of this Note is payable in fourteen (14) o
.3- annual installments consisting of (i) thirteen (13) annual install-
ments in the amount of One Hundred Fourteen Thousand Five Hundred
Thirty-Five and 71/100 Dollars (tt114 ,535.71) each with the first
:' such annual installment of principal being due and payable on the
first day of March, 1974, and a like installment of principal be-
___,- ing due and payable on the first day of March of each year there-
' °- after to and including; '•iarch 1, 1986, and (ii) a fourteenth (14th)
and final annual installment in the amount of One Hundred Fourteen
c Thousand Five Hundred Thirty-Five and 77/100 Dollars ($114,535.77)
-...-44 being due and payable on the first day of March, 1987.
:,/•. The Maker may not prepay any amount on this :iota prior
`:-«, to January 1, 1973. At any time after January 1, 1973, the Maker
shall have the right and privilege of prepaying all or any part
J•'0 of this Note without notice or penalty. All amounts prepaid shall
_,.. be applied first to the payment of accrued interest and the bal-
• ',t. ance, if any, to the reduction of the principal sum, except pay-
ments incident to artial releases of liens shall be applied as
•ir, provided under applicable agreements.
—.1 ' This Note is given as part of the purchase price of
..*: 1 ; those certain tracts of land containing 864.579 acres consisting;
I , of a lot in Webster Outlots and tracts in the Thomas Choate Sur-
� � vey, Abstract No. 12, the John Diakinoon Survey, Abstract No. 15
1 and the Sarah McKissick Survey, Abstract No. 5t19, Harris County,
iiR Texas, which have been conveyed by Deed of oven date herewith,
executed by the Payee and his wife, Geraldine Whitcomb, as
"Grantors," to the Maker, as "Grantee," and is secured by the
•
express vendor's lien retained in such Deed. The payment of this
Note is further secured by that certain Deed of Trust of even date
herewith, executed by the Maker to Thomas L. Whitcomb, Trustee.
Reference is here made to such Deed and Deed of Trust for a com-
plete and detailed description of the property securing the pay-
ment of this tote.
This Note sht.11 become immediately due and payable, at
sew r the option of the Payee or other holder hereof, without present-
mentperson or demand or any notice to the r•.aY.e. any
:�t obl1r<ated or to become obligated hereon, unon default in the pay-
_; ment of any installment of either interest or principal hereon
when due, or upon default under the terms of any Security Instru-
ment, or if any event occurs or condition exists which authorizes
•i4 the acceleration of maturity tcreof under any aErecment made by
. the taker.
Page 1 of 2-Pare Note
37 EXHIBIT. C -
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it t
my vFr r i,•s-, �z .a:.: s�afwcuwr ^ -am " .cu ,4r•. Zli « .. -. — -w.:c1wpi
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If this Note is collected by suit , through probate or
VOUS bankruptcy court, or by any ether judicial proceedings, or if this
Note is not paid at maturity , howsoever such maturity nay .: e
brought about, and is placed in the hands
aofaanoattoan rneye for
acol
1511
lection, then the Maker promises to pay,
in addition to all other amounts owing hereunder, an amount equal
to ten percent (10%) of the unpaid principal sun and accrued
assinterest hereon at the time this Note is placed in the hands of
o■ such attorney.
The Naker and all sureties, endorsers guarantorsand of
1111 this Note (i) waive demand, presentment for payment, notice_
nonpayment, protest , notice of protest and all other notice, fil-
ing of suit and diligence in collecting this Note or enforcing any
of the security herefor, (ii) agree to any substitution, exchange '
or release of any of such security or the release of any party
III primarily or secondarily liable hereon, (iii) agree that the —
Payee or other holder hereof shall not be required first Thsti- _
tute suit or exhaust his remedies against the I-laker or c
liable or to become liable hereon or to enforce his rights ;ainst c
any security hereof in order to enforce payment of this Note by
• them, and (iv) consent to any extension or postponement of tine of I ,
• payment of this Note and to any other indulgence with respect -�
hereto without notice thereof to any of them. ._
ATTEST: AUSTIN-NORTHWEST DEVELOPI ENT CO.
By
Secretary President
(Corporate Seal)
s
a
7. IMEM
mi 0 n
o�` 1 NS N
Page 2 of 2-Page Note
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•
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th.16-72 8 3 3 2 3 0 D 546432 UT A t! 5.25
[+5'16132
tJF•N
1.1) DFCLARATION
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE_PRESENTS: r,
• COUNTY OF HARRIS $• `
That pursuant ,to Order authorizing the Cancellation of
a Portion of the Sherman Place Subdivision entered by the Com-
missioners Court of Harris County', Texas, on March 26, 1964, 1N;
a certified copy of such Order being attached hereto and made a
part hereof, Gail Whitcomb does hereby declare cancelled the
portion of Sherman Place Subdivision, located in the Thomas
Choate Survey, ,Abstract No. 1.2, Harris County, Texas,: according
to the map or plat thereof. recorded in Volume 6y, Page 231,
Deed Records of Harris County, Texas, located within the outer
boundary lines of the tract described in Exhibit "A" attached
to and refe�•red to in such Order, subject to the terms, stipula-
tions and provisions contained in the Order, and the .tract of
land within the outer boundary lines described in Such Exhibit "A"
is declared thrown back into an acreage tract as it existed be-
fore such svl.division was made.
EXF•CUTED on this t ' .l. ay of March, 1972
/./
omb
THE STATE OF TEXAS w \ +
COUNTY Of HARRIS §J
.BEFORE ME, the undersigned authority, on this day per- •
sonally appeared GAIL WHITCOMB; known to me to be the person •
whose name is subscribed to the foregding instrument, and acknowl-
edged to me that he executed the• same for the purposes and con-,
sideration therein expressed.
GIVEN under my hand and'seal of office this
day of'•March, 1972. • °" ;+•
Notary Puic in and;for • ! •
Harris County, Texas;. !i�.,
. N"
G„ N Q •
MAR•13-'12 e 7 7 7 9902 IiT6 CCLi9902 t PD$SU 00
•
c) c t isr,
. —
granting 1N THE MArTER OP JAIL WH1TCOM IN THE COMMISSIONERS COURT
etl:Iro CAN::ELLATION OF A PORTION ON HARRIS COUNTY, TEXAS
THE SHERMAN PLACE SULDIVISION
I e I —L-5-08(3
ORDER AUTHORIZING THE CANCELLATION ce A PORTION ON THE
S3ERMAN PLACE SUBDIVISION
On Chia the 26th day of March, A. D., 19614, at a regular term of the
Commissionere. Court of Hnrris County, Texan, there came on to be hoard the applica-
tion or Call Whitcomb of Herrin County, Texan, for permission to coneel a portion
of the Snormnn Place Subdivision locatod in the Thomas Chonto Survey, Abstract No.12,
Harris County, Tex,s, the record of the plot of said Znbdivinion being recorded In
Volume (9 el Po:,',o 231 of thc Deed Records of Herrin County, Texan, the portion of
which Subdivialen paid Applicant, Coll Whitcomb, now necka to cancel being Clint
durtion !horror as deacribedwithin the outer boundary lino° of the tract described
In Exhibit "A" attached hereto, reforence to which fa here made;
And It appearing to the Court that notico of the application for permicsion
• to cnneel the portion of said Subdivision as described, having been publishod in :he ,
manner and for the time requirod by 1,w citing all poraons intereatod In neld tub-
divInion to appear on the 9th day of March, 196S, at 10:00 o'clock A.M., and onto!'
protest agairst ouch cancellation, if any protect they have, the honring on ssid
Application having been duly continued to this the 7.6lh day of March, ly6h, by
orders of the Court duly announced in open court; and no protect having been mado
or filed and it further appearing to the Court that said Gail Mhitcomb is the cr:ner
of that portion or Anld Subdivialon to which cancellation is sought,'Lhat n cnncel-
, lotion of that portion of said Subdivision as prayed for will not interfere la any
way with the entabllch-- rightn of any purchaser or owner of any porli.ris of sa:d Gob•
divicion, and that all of the prerequisites of law for the isounnee of this clerct
have been duly complied with; and it further appearing that a drainage ditch eztenda
Lhrorgh the central part of the described property in a northwest to southwest
direction generally along the Southwestern lino of Blockn 9 end 11 and the north-
eantern line of Blocka 10 and 12 of said Subdivision, and which drainage ditch
•
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Thursday, March 2Gth, A. br 19G4
cunnccte with a natural drain or gully in.the central part of Dlock 12 thereof,
which drain then rune generally in a eouthweeterly direction thrbugh Block 12 and
becomes a part of Sevell Cully Ar.d that an additional drainage ditch extends along
the nouthwenterly linen of Dlocke 10 and 12 of acid Subdivision running 'genorally
in a aouthcaeterly direction to become a part of the mime said Savell Cully;
II
And it further appearing to the Court that contractual and natural ease-
• mcnts exist with reference to the route of ouch drainage eyotem all of which are
recognized by the Applicant, Call Whitcomb, and it is, therefore, apecifical]y pro-
vided that ouch drainage eyotem and the easements supporting same are excluded here-
from and are not affected by this decree; -
71 appears from the plan for major thorouftfaree and freeways for the
houeton metropolitan area, as prepared by the Houston Planning Corrmiaeion in co-
operation with the Harris County Commiaeionere' Court, that Clearwood Drive will
extend along a course from the moat western corner of Dlock 10 of Sherman Place
Subdivialon and proceed to a southeasterly direction.along the southwestern linen
of Blocks 10 and 12;
- It in, therefore, provided that'the presently existing thirty-foot (30') •-._
right of way existing alongthe eouthweeterly line of Blocks 10 and 12, as act out L�
and dedicated by the said original plat of the Sherman Place Subdivision, is excluded
horefrom and from the vacation of this part of the Sherman Place•Subdivision and in I I
addition thereto the Applicant, flail Whitcomb, does dedicate an additional area C.+?
theft; feet (301) in width from the moat western corner of Dlock 10 of said Sherman I CJI
Place Subdivision extending in a southeasterly direction parallel and contigoue to �
the southwesterly line of Block 10 and Block 12 and the northeastern boundary line `
of the thirty-foot (300) right of way existing along the southwesterly lines of
i• Mucks 10 and 12 of Sherman Place Subdivision, for the purpose of road right of way q
o in the construction and maintenance of Clearwood Drive.It appears that the right of-way of the Webster-Priendawood Road extends
i along the northweaterly boundary liner of Dlocke 9 and 10 of the Sherman Place Cub-
division And it is recognized and particularly provided that the presently existing
+ right of way of said Webster-Priendawood Road Is not affected by this action, and
in addition thereto, the Applicant, Gail Whitcomb, does dedicate an additional urea
twenty feet (20') in width from the moat weatern corner of Block 10 of said Sherman
Place Subdivision extending in a northeasterlydirection
• (20') southeast of and eonti ,uoun to the parallel to and twenty feet
e
right of way of the Webster-Nriendewood Road salong ent othe enorthwestern astern alineofo Block of h10
and Lots 4, 3 and 2 of Block 9 of said Sherman Place Subdivision, for purpoose of •
t road right of way in the widening of the right of way of the Webster-Priendawood
•
V Road to a width of ono hundred feet (100').
•
It further appears that the right of way for P,M. Highway No, 520 traveraen
the subject property in generally an EAst-Wont direction entering at the moot southern
tG corner of Dlock 11 And the Northeastern corner of Block 12 and leaving.through Lot 6
h of Dlock 10, and that the right of way for raid FM-528 is eet out and identified in
right of way deeds duly executed and recorded In the Deed Records of Barris County,
to which reference le made, and that:the Applicant, Call Whitcomb, recognizes said
right of way in its entirety and name is, therefore, excluded hercfrum and la not
affected by this decree;
It Is, accordingly, considered ORDERED, ADJUDCED and DECREED by 'Aid Com-
j misolonere Court of.Harris County, Texan, that said owner, Coil Whitcomb, be And
II he in hereby Authorized and granted permiaaion to cancel that portion of the Sherman
)'lace Ruhdivinion embraced within the outer boundaries of the tract of land described
it in paid Exhibit "A" with the particular exceptions hereinabove set out, end to lift
said map As to said portion of said Subdivision co as to throw all,of that portion
of eatd Subdivision not effected by the particular exceptions hereinabove Set out
G back into acreage AB the same existed before the said Subdivision and the map thereof
wan muds and recorded, and the said Gail Whitcomb, owner of said land, is hereby-
i granted permission to no cancel by written instrument to be r•coot-dad in the Deed
Records of Harris Countyl.Texae, that portion of said Subdivision described by rates
1 end hound's in Exhibit "A', with the particular exceptions hereinabove sect oat, .and
when no canceled, that portion of the amid Subdivision shall be thrown back into
ecrcace an It existed before said Subdivision was created,
'I I
This decree pasted And granted thin 26th day of March, 1yG4, by the Con-
. mtnsionere' Court of Marvin County, Texas, in witness whereof the Commissioners
hereto set their signatures.
•
A/ W. Kyle Chn min ,Js/ V. V. Ramsey i I
oLini,niane C
r, 1'rec-acf —" CuiiJnise o,1ee, Trecti,T1`—
r /n/ hill Elliott
CothTty 7ucl e
.
,t:/ r. F_St•era R. A. Lyons, Jr.
tenoln;Mer, lrreErnei 3 Cor111orfoner•, i'rcecinct ri
(meal) ATTEST, It, E. TU'IIIENTINF., JR., County Clerk and
F.x-Offlciu Cleric of Colrmlezionern' Court
of Herrin County, Texas,
Py /:./ _C. A. )1yer:r Deputy
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%:,
.1
,.,
..__ _____
_ ._ ____ ___......._........ .__________.__________________.
__ . . _ . .
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1,u. Marshpith, A. D., 196
h Thuradriy,
_.... ..... ty uC Ituuntut+,
tnrttyn of� 0,, t ,
I Thin iu to certify that the Plnnnlnv, Curronnton or
Clan of n+� C.tio
f.:xao, L•n4 appr°Oud• Chu Corer.olaf vathcation
peon atria of Iln Sherman Yr
Ilnrcle said ,\ .
t+t Pai;u 31 ,lbutrnct No. Ile In Ilar-
Place pint r,:co+•lud in Vulumo 69, _
'Cexao, paid nubdlvialon lying in tho 'fhumau CI+°ato Survey,
rio CJunty. i W1.
J11 TESTIMONY WIIL'REO>t,
wltnos)1 the official cllloatura or the Chairman an.
Socrotnry of uatA City Planning Cammluuibn on this the l0yh d:+y.
CITY PWNIIINO COMMISSION �+-
Dy i,;/ M, g..Rosters
'--l-t'�ta manI
Lr 5
i ATTEST t
12/ Ronald A.•Halaor��- I
Sacra ary
EXHIDIT "A" 0)
TO: Mr. 0311 Whitcomb
Chamber of Commerce Dldg. and
Houston, Texan both inclusive, in Dlock 9,
allPIE o NC/ESa Subdivision
n recorded
a edrino[uthoo 69,
of n tract11 and 12 ofStiortnon Plncoots 2 to 9,
all of 1Dlockst e0, Tomo, end be
Pogo3 Abstract No. 12, Norris County, e.
� 1 of Cho paed.Rocorde of Harris County, tho gouthoaot corner of the
Thomas Choate Longuo, inch iron pipe marking
DEOItIHag at a 1 1/4 the Southeast corner of the tract heroin dooeribedl
aamo boin6 ud and the West lino
Thomas Choato League, atine
THENCE along the Survey,
lino of the Abstract No, 793,�North Choate
403 90 foot to a point
r T
of the August Whitlock Survey, of Sherman,
corners line of Lots 9 and 2 in Block 9C.ot a
Cho tlortheastorly seconds 9 dent, 2olo.k4
ivie •
THENCE If log dograuu 02 Nit+ tes 30waY eion s Vent,
2 60rlonfeat. to Rnd',
pointfor corners heh 45
point for corner �n the Southonotorly right
60 foot vino; or-Pri11 fast toRoad
the Southeasterly line of raid Wobstor-Priondexood Road
do, So thongg reel 5.1 minutiae 07 seconds West,60 feat wion,with tho
Lawn.
',
intersection t'no Loxor Southtituatorly line of the Thames Choato Longue, a ><
inch iron rod for corners a and the Sarah
THENCE along the lino common to then Thomas Choate Leave seconds Sara,
Abatraot No. 549, South k5
36116.92ck ofSu toy, the common.00rner of thu Thomas Choato L4415110,
tho. 2 fret to an iron bar
Dickinson Survoyss ve and the North
tho. Sarah McKissick,
•
tho 'South line of the ,lhomas•Cheat• Leal 2theNo feet
j TI[J along South 87 deems* 12 mtnutos Snot,
lino of the John Dlukinoon Survey,
to the PLACE 0? DECLINING. a M, Losnno
1• ar aUz � u� ::I�tu.r.
ve
I( 7
y
Reg. Na30
Map No. 131 •
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CERTIFICATION % 'ss • '
THE STATE OF TEXAS X • . . .....4.
C00141'r OF HARRIS I `. 1.
1,R.E.Turrentine,Jr.,County Clerk and Ex-Offief,MiC1erk,of The
f' t
Commissioner's Court of Hsrrid Countv,Texes do harsh* certify
tify Chhaett z the
e
ortion of Sharman Place Subdivision made and entered
int
above and foreeoinR is a true inn,correct coov of iq Oc
abandonment of a p 430thru 432,401.55,T+inutee of the Commissioner's Court,
Hatch 26,1964,P+tRes
Norris Countv,Texas. office in
Given under _, hand and seal ofsaid,court at say
Houston,Texas this 14th day of search, ' County Clerk and
•
/J� R.E.'furrantine.Jr.,
STATEWIDE Ex-Officio•Citrk of the Commissioner's
CO. Court,Harri$ Cotmtv,T as. , .
40C ONE SHELLLL PLAZA •� ,D,puty •
F,'GUSTON• TEXAS 77UH2 Rv. I' ✓�/�!
..ram=.,;w-.i —. i_ ..___•�'""'..
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oaf- �
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Y
I T5-0 88 -
27.5110.2. -'7k�.ii. .k 295402 AP•14.71 e s I.o i z *F E , ;.9 25:, �,..
AMENDMENT 01' DEED _
y� �, :,-, .'>;, +'+•` x 'i:-,: '..4.1 n.h.J:... Jk::ua;d. 140 and i)rj
nil v
41iliiiiii06' ~iiSJ[N.`3::' Mts y.;; i t .il von4441:11 91, {tttt i:•sc.CCI,ltiY, iu"xittl.:....
s KNOW ALL MEN SY THESE PASS d') •
COUNT7f(,., 0 . HARR�6 1 •r..:.. ,.�fy'•C•<IL i.'�Nad4 tS1Ak rezX ,,,
11* r ,+ 'rf ., ..,.t 1.+ r t•4a1. 3,, / Yhfy Z7►,!.,,i!A ,,
' ...,w' ,S 'under the.date oh:'•Maroh. 1,,1'972, Gail.Whitcomb •
. int*fe,•.:Ceraldih, :Nhitoomis•;ShdYeSnartid'r:.referred.to. as;TGrarltors").,
:,executed and;delivered to:Austin.Xorthwest Dive•lopment;yCompany 4.' . .:. •
diieretnatter referred to ;ie 'G ti" t,,�+ d,p bon� o ,�-,,((pp** a.,
•
Afiaif ,referred to. ` as the 'De 1, . I a.Ls FtX 10 Ysoord
in,sthe 0ffiae, of the County CIeX')t"olftiHarriu Coon ,.Texas,“under':
•.d ty Clerk's.T S NO.. p54a871:, Ind: ooida . or No 141=36'2543, '
`if of ftoti"77..`ryry{{r''t} 1 ptioh 1.teoo6Qrds:pf RaCI�`�I�ops a�,f r.. ,
`i'iomi ; {r hi */ Argo•to}'fOr.. '1' .4 az .. .. +,vt
t •affect's rl • b e lands,. the ana.decor iir I,
� •
' attached:h retbl I.apd:. i
•1QtEitEAs, it is the•des 4 f1.0 i • r. ar es
Phereto l to amend the Deed in thaipt � el* fitip*oE►tdiai••
NOW, THEREFORE, in con eiiit'ation of the premises and
Tat Dollars '($..10.00) and 'other valuable considerations paid to
Grantors and Grantee, the'receipt.aitd'auieibiency'•of;.Whi4�;•are
hereby acknowledged and confessadj:«Grsat �'a.?eriby:agree=with
Grantee as follows
'1. The provisions contained in the Deed with respect
• to.,theoaaaa.,:by..,thex.arantee, its successors'and-assigns., of the
subj'ect•Lands' "(ea that term is 'defined in the Deed)•; shalt .be and
arg,bpreby amended :'tb':exclude from the applicability, of •such pro-
visbns:`;the:'£ract'•o!•,land•deaoribed in Exhibit "A• attached hereto
and made a.pert hereof for alLpurposes, and the land.described.
is suph ktibi .• • 0b us for,auq p rpose the Grantee,
iitts supoeaa irs ° d�gnl4`:'mays' GesiQr i3Ic}l4d130 4 o it d
.1st M., ti ,H�• Y`bT,, .. •?, ',, ..S�te6 Y'7.'Stsl,, tlY,I CA e.raJ7)t k9. a4
Yi4ti �tR. Mt,;�s;xehngtpi '�ifs� a ' � �Yl` t b '�0 '' ' �
• ,tAkring,s4Nb°.p n r. S�;a flo g �I dt /Yield.and ,
provi y 9n1 t�} �!!aaept`u ex bill} d}k hit it i'', *fa'Carl
of the other�'termll.;and"prbvisions sof:the Deed shall' apply to and
be construed,iiiith;Chia`•; t •o , 4th. sw a matn�i.r as if
the Deed had'been origin vritt n as•amiindedshereby. r
• 3. The failure of any one or more persons owning an
interest in and to the Subject Lands to sign his•.Yinstrument shall
not in any manner affect the validity and binding.;;; ;; ; ;Ir
. e
as to the parties who execute lg s. r ' '`° < :: ,RETURN TO NSTON100 h11Lgi,:. IGrI5�0HOUSTON, ,g72
f
t0.4 4 ,�: 's 4 ;;;..';' � d t� ,,11' j• e5. •t vs fr ikq ij ; { .,
Iir , .I ty 1 •, O Z
j �tom, t 1%.4;: .'esi ;%'fi. �"M}'�C', ct .. l > "• ,,, i t Y..�.1�atr r ,,,Ise r 1t`4 } +
1 .fffi�t S. , ayl WC` r�' r l▪ i `, v s
.r1C.! r �,�it ; . fO i t+' 5,V f'' 'iy'qil. M! t, to r w i u V. '.. �'�.`,
t r j Y 1 y ;7••pi,:i tYr( wI .417 �rrtt ,:�.^tf ^ r ! s: tir t , ..+f: • t'. ,i.`,yy; rstt
a ."f•1 =R"r,3 A:41.!?ti�".y+r+t.+�t� E. _ FaP i.:-j. ss,▪ v .r . ' v} tt r{ �tSM
-,•'1. • ,��ry ;�� •f,,� Zs. u D c �f ✓ � f R r f
N�t.4• }"p�«: r 5 "� i `'t y� t 4'� 1•. t t ' + ' ,i ri.s ,r }�� �
�a ' t ,. ' ,� ..AL.., Y▪v'' 1 -
.���t rl )• A' Y. 1a�• � • ` r'
j V i fOki R•' 4 r� • ' !fir
•
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I75-08-0885
4. The provisions hereof shall extend to and be
binding upon the successors and assigns of the parties hereto.
/�
EXECUTED IN TRIPLICATE ORIGINALS this the . day
of pi V , 1977, but effective as of the let day o?
M+Fch.',197
h \..
AUSTIN-NORTHWEST DIVELOPMENT COMPANY
AATT, STt
\
ABS sttant Secretary ,mac s ent
?d•--
Q�
J•
' `
. A
i-
. �
GE DINE ITC
THE STATE OF TEXAS S
S ,
COUNTY OF HARRIS S
BEFORE ME, the undersig ed authority, on thin day per-
sonally appeared 0 Tr Nam{ U�/ , , President of AUSTIN- •
NORTHWEST DEVELOPMENIOCOMPANT, i(nown to me -to be the person whose
name is subscribed tc the foregoing instrument and acknowledged to
me that he executed the same for the purposes and consideration
therein expressed, in the capacity therein stated and as the act
and deed of said corporation.
. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the l.,t�
day of O�,L0`L , 1977.
a
U .5+
GtJ r
NOTARY UBp C n a. .-,
H4rris County, T 8 .1. 1-;5'
:v1• y
0 cod 1\ ' .
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atf":..
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Ir5-08-0E86
THE STATE OF TEXAS S i
S
COUNTY OF HARRIS S
BEFORE ME, the undersigned authority, on this day
personally appeared GAIL WHITCOMB and wife, GERALDINE WHITCOMB,
known to me to be the persons whosd .names are subscribed to the
foregoing instrument and acknowledged to me that they executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
..trcGr d'+Y of G,y , 1977.
j.
rOT'-A1 L in an or
•"y,�, Harris County, T EXA S
i�i+JIS;YJ:'.'�F...cTA,yYbNaJ+'Ei N��PiiheBiL+IWf 'i..i1i.;.:.�.i.W:..... .. .................. ,.. .._... .:.+aw:+'•r •_•....,...,..........._ ..
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• ITS-08-0887
Field Notes May 14, 1975
1:.5222 Acres Job No. JL-55-00C
Webster Ranch
South of FM 528
DESCRIPTION OF 11.5222 ACRES OF LAND U
IN THE THOMAS CHOATE SURVEY ABSTRACT NO. 12
HARRIS COUNTY, TEXAS
BEING 11.522/ acres of land in the Thomas Choate Survey Abstract No. 12 Harris
County, Texts and oleo being out of that certain Tract One containing 289.757
acres conveyed to Austin-Northwest Development Co. as described by Harris County
Clerk File No. D 547871, Film Code No. 141-36-2543, said 11.5222 acres being
more particularly described by Metes and Bounds as follows:
COMMENCING at a set 5/8-1nch.iron rod marking,ths'intersectlon of the east line
of the laid Thomas Choate SUz`vey.A-12 With-the soutkerly`right-of-way line of
F.M. 528 having a bearing of N81' 12'. 47" 'S based'on a width of 100 feet;
THENCE S 03' 00' 52" E, 613.96 feet along the east line of the said Thomas Choate
Suriev and the general line of a fence to a sat 5/8-inch iron rod marking the
most northerly corner and POINT OF BEGINNING of the herein described tract;
THENCE continuing S 03' 00' 52" E, 1021.19 feet along the east line of the said
Thomas Choate Survey and the ;;eneral line of a fence to a found 1-1/4 inch iron
pipe marking the southeast corder of the said Thomas Choate Survey and of the
herein described tract;
THENCE S 87° 17' 44" W, 983.00 feet along the mouth line of the said Thomas
Choate Survey end the general line of a fence to a found 1-1/4 inch iron pipe
marking the southwest corner of the herein described tract;
THENCE N 41' 02' 35" E, 1413.60 feet to the most northerly corner and POINT OF
BEGINNING of the herein described tract containing 11.5222 acres of land.
MERCER-BROWN ENGINEERS, INC.
111110
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RETURN TO: HORNOR SHELTON
> i n0 r.1ILAM BLDG SUITE )5<)
f.
Exhibit "A"
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JU1•Z8-16 4 '1 8 1 l G L EE38 26 • 6 Pa 1;!fi'J
D E83S626 145-16—Z275
THE STATE OF TEXAS S
COUNTY OF HARRIS S
THIS DEED OF CONVEYANCE dated as of �t( 1,/ � _.
1976, executed by AUSTIN-NORTHWEST DEVELOPMENT CO. ;a itxas
corporation acting herein by and through its hereunto duly
authorized officers (hereinafter called "ANW") , to DHK CORPOR- �sGv
ATION, a Texas corporation (hereinafter called "DHK") ,
/0 WITNESSETH
4 WHEREAS, ANW owns certain real properties consisting
of surface estates, mineral interests and other estates in lands
situated in the Sarah McKissick Survey, Abstract No. 549. the D
John Dickinson Survey, Abstract No. 15, and the Thomas Choate
Survey, Abstract No. 12, Harris County, Texas, and
WHEREAS, ANW desires to grant and convey such real
properties to DHK.
NON, THEREFORE, by these presents and for and in con-
sideration of Ten Dollars ($10) and other good and valuable
consideration to it paid and agreed to be paid by DHK in the
manner hereinafter set forth, the sufficiency of which consider-
ation is hereby acknowledged, ANW does hereby grant and cone}
unto DHK all the following described real properties and premises
lying and being situated in Harris County, Texas;
Tract One (hereinafter called "First Tract") :
That certain tract of land containing 31.541 acres of land in the D
Sarah McKissick Survey, Abstract No. 549, and the John Dickinson
Survey, Abstract No. 15, Harris County, Texas, being all of small
Tracts 3 and 5 of the Grissom Partition recorded in Volume 26=.
Page 547 of the Deed Records of Harris County, Texas, all of
Tract No. 3 described in and from Chas. H. Chernosky et al. to
Gail Whitcomb recorded under File No. D670729, Film Code No.
149-26-0179 of the Records of Real Property of Harris County,
Texas, and a portion of the John Dickinson Survey, Abstract No.
15, Harris County, Texas, and being more particularly described
as follows:
BEGINNING at a concrete monument in the Northerly bank of Clear
Creek, said concrete monument being the Southerly corner of Small
Tract No. 3, of the Grissom Partition recorded in Volume 264.
Page 547 of tho Deed Records of Harris County, Texas;
THENCE along a fence between said Small Tract No. 3 and 50 acre
tract No. 2 of said Partition, N 41° 35 ' 52" E, 632.63 feet to
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a 2-1/2 inch iron pipe, the Easterly corner of said Small Tract
No. 3 from which an 18 inch Water Oak bears N 48° W, 52,0 feet=
THENCE N 41° 37' 33" E, 316.10 feet to a Southeast and Southwest
corner of a fence enclosure, the Easterly corner of tract No, 3
described in deed recorded under File No. D670729 and Film Code
No. 149-26-0179 of the Records of Real Property of Harris County.
Texas;
THENCE along a fence N 41° 46 ' 23" E, 476.30 feet to a 2 inch
iron pipe;
THENCE along a fence N 41° 41' 42" E, 784.60 feet to a 3 inch
iron pipe;
THENCE N 41° 43' 19" E, 356 .13 feet to the center line of Savell
Gully for the most Easterly corner of the 31.541 acres herein de-
scribed;
THENCE along the center line of Savell Gully, downstream. with the
following mean.:ers:
N 83° 33' 17" W, 88.76 feet;
S 23° 32' 42" E, 26 .93 feet;
S 00° 37' 29" W, 41.73 feet;
S 49° 31' 05" W, 47.17 feet;
S 87° 03' 22" W, 60.68 feet;
S 57° 35' 45" W, 57.43 feet;
N 81° 00' 50" W, 55.54 feet;
S 82° 08' 05" W, 71.09 feet;
S 63° 32' 12" W, 41.48 feet;
N 40° 40' 08" W, 79 .26 feet;
N 52° 40' 12" W, 56.61 feet;
S 83° 54' 19" W, 29 .78 feet;
S 33° 40' 25" W, 94.48 feet;
S 68° 23' 39" W, 48 .68 feet;
N 71° 08' 12" W, 43.34 feet;
N 51° 43' 01" W, 63.06 feet;
S 89° 01' 00" W, 19 .42 feet;
S 78° 38' 27" W, 11.57 feet;
S 10° 03 ' 21" W, 4.09 feet;
S 02° 48 ' 23" E, 65.46 feet;
S 21° 43 ' 20" W, 27.07 feet;
S 13° 01' 39" W, 24.0 feet;
S 38° 42' 56" E, 69 .92 feet;
S 02° 25 ' 05" E, 63.23 feet;
S 22° 40 ' 51" W, 48.94 feet;
S 70° 31' 52" W, 49.41 feet;
N 48° 29' 16" W, 43.60 feet;
N 63° 40' 54" W, 54.78 feet;
N 79° 16 ' 06" W, 49 .25 feet;
S 56° 40 ' 16" W, 23.83 feet;
S 21° 35' 58" W, 107.34 feet;
S 43° 58' 37" W, 115.27 feet;
N 82° 45' 41" W, 41.16 feet;
N 43° 21' 10" W, 43.20 feet;
N 22° 22' 27" W, 45.61 feet;
N 06° 53' 53" W, 80.22 feet; and,
N 25° 00 ' 00" W, 55 feet to a point in line with the Easterly
bank of and at its confluence with Clear Creek;
THENCE along the Easterly bank of Clear Creek, downstream. in a
Southwesterly direction approximately 1450 feet to the Northwesterly
corner of Small Tract No. 6 of the Grissom Partition;
THENCE along the Northerly line of said Small Tract No. 6. 41'
35' 52" E, 340.0 feet more or less to a concrete monument aarkiny
its Northerly corner;
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THENCE S 48° 20' 06" E, 319.23 feet to an iron pipe, tha Northerly
corner of Small Tract No. 5;
THENCE along the Northerly line of Small Tract No. 5. S 41" 154 Sa"
W, 553.0 feet to its Northwesterly corner;
THENCE along the Easterly bank of Clear Creek Southerly ap ,roxima_;. y
280.0 feet to the Southerly corner of Small Tract No. 5;
THENCE along the Southerly line of Small Tract No. 5. N 41` 154 S '
E, 705.0 feet to an iron rod marking its Easterly corner;
THENCE S 48° 25' 32" E, 199.77 feet to a cedar stake, the Northerly
corner of Small Tract No. 3;
THENCE along the Northerly line of Small Tract 2..o. 3. S 41` 154 S3"
W, 747.0 feet to the Easterly bank of Clear Creek, the Northwesterly
corner of Small Tract No. 3;
THENCE along the Easterly bank of Clear Creek, downstream. in a
Southeasterly direction, to the PLACE OF BEGINNING containing
31.541 acres of land.
Tract Two (hereinafter called "Second Tract") :
All that certain 29 acres of land, more or less, out of the John
Dickinson League and by metes and bounds described as follows.
to-wit:
BEGINNING at an Ash tree on the north bank of Clear Creek on the
East side of "Devil's Point" being the Southwest corner of Tract
No. 1, as designated on the plat filed in the Cause of 1t, T,
Grissom, et al, vs. Mattie Grissom, numbered 14833 on June 29,
1893, and recorded in Volume 264, Page 548 of the Deed Records
of Harris County, Texas, to which reference is hereby node, to-
gether with the Report filed by Commissioners of Partition
(wherein Tract No. 1 was awarded to Eugene Grissom) ;
THENCE N 45° E, 2392 feet with the West line of Tr.,ct No. 1. to
the Northwest corner of said Tract No. 1;
THENCE N 45° W, 670 feet to the East line of Lot No. 1, of the
Dickinson Survey;
THENCE S 45° W, 2142 feet to the Bank of Clear Creek;
THENCE down said Clear Creek with its meanders to the PLACE CF 8^
GINNING containing thirty (30) acres and being a part of the
Dickinson Survey (Record of Deeds, Volume 3, Page 584) LESS. i./
however, that certain irregular tract of land heretofore convoyed
by Wm. T. Grissom to Harry Holmes, being approximately one (1)
acre of land, and the deed recorded in the Deed Records of Warris
County, Texas, from Wm. T. Grissom to Harry Holmes is hereby
referred to for a full and complete description of the one (1)
acre of land, which is excepted from this deed; and being the
same land described in deed from J. R. Glass, Mrs. Claudia Zell
Glass to Mrs. Effie Ella Hewitt, bearing date December 20. 1940.
recorded in Volume 1193, Page 387 of the Deed Records of )arras
County, Texas, to which reference is hereby made.
Tract Three (hereinafter called "Third Tract") ;
All that certain 19.5 acres of land and being a rectangular strip
along Clear Creek out of the John Dickinson Survey and describe.I
by metes and bounds as follows, to-wit:
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145- 6-2278
BEGINNING at a point on the West line of the Wm. Grissom fifty (50)
acre tract, same being on the North bank of Clear Creek;
THENCE N 45° E, 2204 feet to the North or Northwest corner of the
Grissom fifty (50) acre tract, being also the East line of Lot
No. 1 of the Dickinson Survey;
THENCE S 45° E, 390 feet to a stake on the North or Northeast line
of the Grissom fifty (50) acre tract;
THENCE S 45° W, 2142 feet to the North Bank of Clear Creek;
THENCE up said Creek with its meanders in a Westerly direction to
the PLACE OF BEGINNING, containing nineteen and one-half (19.5)
acres of land, and being the same land described in the deed from
Mrs. Effie Ella Hewitt, individually and as independent executrix
of the Estate of Wm. T. Grissom, deceased, joined pro forma by
her husband, Gerald L. Hewitt, to Mrs. Claudia Bell Glass, bearing
date December 11, 1940 and recorded in Volume 1193, Page 386 of
the Deed Records of Harris County, Texas, to which deed and the
record thereof, reference is hereby made for further description
of said property.
Tract Four (hereinafter called "Fourth Tract") :
That certain tract of land containing 289.757 acres of land,
more or less, situated in the Thomas Ch^ate Survey, Abstract No.
12, John Dickinson Survey, Abstract No. 15, and the Sarah
McKissick Survey, Abstract No. 549, Harris County, Texas, and
described as follows:
BEGINNING at an iron rod marking the intersection of the East line
of the Thomas Choate Survey, Abstract No. 12, with the Southerly
right-of-way line of F.M. Highway No. 528 (a right-of-way 100 feet
in width) ;
THENCE S 03° 01' 25" E, along a fence in the East line of said
Thomas Choate Survey a distance of 1635.35 feet to a 1-1/4 inch
iron pipe in Southeast and Southwest corner of a fence enclosure,
marking the Southeast corner of the Thomas Choate Survey;
THENCE S 87° 15 ' 37" W, along a fence in the South line of said
Thomas Choate Survey, a distance of 982.74 feet to a 1-1/4 inch
iron pipe;
THENCE S 41° 43 ' 19" W, a distance of 399.03 feet to a point for
corner;
THENCE S 48° 13' 13" E, along a fence a distance of 1912.12 feet
to an iron rod in Easterly corner of a fence enclosure;
THENCE S 41° 43 ' 15" W, along a fence a distance of 900.26 feet to
an iron rod in Southerly corner of a fence enclosure;
THENCE N 48° 14 ' 36" W, along a fence a distance of 1912.14 feet
to a point for corner;
THENCE S 41° 43' 19" W, a distance of 1982.42 feet to a point in
the center line of Savell Gully;
THENCE downstream, along the center line of Savell Gully, with the
following meanders:
N 83° 33 ' 17" W, a distance of 88.76 feet;
S 23° 32' 42" E, a distance of 26.93 feet;
S 00° 37' 29" W, a distance of 41.73 feet;
S 49° 31' 05" W, a distance of 47.17 feet;
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145-16-2279
S 87° 03' 22" W, a distance of 60.68 feet;
S 57° 35' 45" W, a distance of 57.43 feet;
N 81° 00' 50" W, a distance of 55.54 feet;
S 82° 08' 05" W, a distance of 71.09 feet;
S 63° 32' 12" W, a distance of 41.48 feet;
N 40° 40' 08" W, a distance of 79.26 feet;
N 52° 40' 12" W, a distance of 65.61 feet;
S 83° 54' 19" W, a distance of 29.78 feet;
S 33° 40' 25" W, a distance of94.48 feet;
S 68° 23' 39" W, a distance of 48.68 feet;
N 71° 08 ' 12" W, a distance of 43.34 feet;
N 51° 43' 01" W, a distance of 63.06 feet;
S 89° 01' 00" W, a distance of 19.42 feet;
S 78° 38' 27" W, a distance of 11.57 feet;
S 10° 03' 21" W, a distance of 4.09 feet;
S 02° 48' 23" E, a distance of 65.46 feet;
S 21° 43 ' 20" W, a distance of 27.07 feet;
S 13° 01' 39" W, a distance of 24.00 feet;
S 38° 42' 56" E, a distance of 69.92 feet;
S 02° 25' 05" E, a distance of 63.23 feet;
S 22° 40' 51" W, a distance of 48.94 feet;
S 70° 31' 52" W, a distance of 49.41 feet;
N 48° 29' 16" W, a distance of 43.60 feet;
N 63° 40' 54" W, a distance of 54.78 feet;
N 79° 16' 06" W, a distance of 49.25 feet;
S 56° 40' 16" W, a distance of 23.83 feet;
S 21° 35' 58" W, a distance of 107.34 feet;
S 43° 58' 37" W, a distance of 115.27 feet;
N 88° 45' 41" W, a distance of 41.16 feet;
N 43° 21' 10" W, a distance of 43.20 feet;
N 22° 22' 27" W, a distance of 45.61 feet;
N 06° 53' 53" W, a distance of 80 .22 feet; and,
N 25° 00' 00" W, 55.0 feet to a point in the Easterly
water's edge of Clear Creek;
THENCE along the Easterly water's edge of Clear Creek, upstream,
with all of its meanders, a distance of approximately 1200 feet
to a point for corner;
THENCE N 38° 19' 17" E, at 10 feet pass a 2 inch iron pipe in all
a distance of 1868.64 feet to a 1-1/4 inch iron pipe for corner;
THENCE N 27° 23 ' 26" W, a distance of 1612.14 feet to a 2 inch
iron pipe in the Southerly right-of-way line of F.M. Highway 528;
THENCE N 81° 12' 47" E, along the Southerly right-of-way line of
F.M. Highway 528 passing at a distance of 847.99 feet the North-
easterly line of the Sarah McKissick Survey and the southwesterly
line of the Thomas Choate, and continue a total distance of 4312.93
feet to the PLACE OF BEGINNING and containing 289 .747 acres of
land, more or less.
Tract Five (hereinafter called "Fifth Tract") :
That certain tract containing 9.5465 acres of land known as Lot 6,
Block 7 in the Webster Outlots Subdivision as recorded in Volume
67, Page 197 of the Harris County Deed Records, said 9.5465 acres
also being that same called 10 acre tract referred to as "Tract
Three-F" as described by deed of record under Clerk File No.
D547871, Harris County, Texas, said 9.5465 acres being more
particularly described by metes and bounds as follows:
BEGINNING at a found 1 inch iron pipe marking the most easterly
corner of Lot 6, Block 7 of the said Webster Outlots Subdivision
and of the herein described tract;
THENCE S 52° 09 ' 11" W, 659 .69 feet along the southerly line of
the said Lot 6 , to a found 1 inch iron pipe marking the most
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145H 6-2280
southerly corner of the herein described tract, said point also
marking the most easterly corner of Lot 7, Block 7 of the said
Webster Outlots Subdivision;
THENCE N 37° 50 ' 32" W, 630.44 feet along the common line of the
said Lots 6 and 7 to a found 1 inch iron pipe marking the most
westerly corner of the herein described tract, said point also
marking the most northerly corner of the said Lot 7;
THENCE N 52° 13' 06" E, 660.33 feet along the general line of a
fence and the north line of the said Lot 6 to a found 2 inch
iron pipe marking the most northerly corner of the herein de-
scribed tract and the most westerly corner of Lot 5, Block 7 of
the said Webster Outlots Subdivision;
THENCE S 37° 47' 00" E, 629.69 feet along a general line of a
fence and the common line of the said Lots 5 and 6 to the most
easterly corner and POINT OF BEGINNING of the herein described
tract containing 9.5465 acres of land.
The First, Second, Third, Fourth and Fifth Tracts are
sometimes hereinafter collectively called the "Subject Tracts."
This Deed of Conveyance is executed by ANW and accepted
by DHK subject to the following:
A. In the case of the First, Second and Third Tracts:
(1) All those undivided interests in royalties
and/or minerals outstanding in third persons
as set out in Exhibit B to Deed dated June 15,
1973 (hereinafter sometimes called the
"Whitcomb 31 Deed") , from Gail Whitcomb to
ANW, and filed in the Official Public Records
of Real Property of Harris County, Texas, on
June 18, 1973, under File No. D-900823 and
recorded under Film Code Reference No.
163-23-1736, to the extent and only to the
extent such interests may be validly out-
standing in third parties,
(2) That certain exception and reservation unto
Gail Whitcomb, his heirs and assigns, of that
certain stipulated undivided royalty interest
contained in the Whitcomb 31 Deed, and
(3) The Deed of Trust dated June 15, 1973 (here-
inafter called the "M6T Deed of Trust") ,
executed by ANW to Murry D. Kennedy, Trustee,
and filed in the Official Public Records of
Real Property of Harris County, Texas, under
File No. D900412.
B. In the case of the Fourth and Fifth Tracts:
(1) All those certain easem..nts, rights-of-way,
undivided interests in royalties and/or
minerals and other matters sot out and de-
fined as "Subject Encumbrances" in that
certain Deed dated March 21, 1972 (herein-
after called the "Whitcomb 864 Deed") , exe-
cuted by Gail Whitcomb to ANW and filed in
the Official Public Records of Real Prop-
erty of Harris County, Texas, on March 17,
1972, under File No. D547871 and recorded
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145-16-2281
under Film Code Reference No. 141-36-2543,
and in Exhibit B to the Whitcomb 864 Deed
to the extent and only to the extent same
validly exist and are enforceable upon the
Fourth Tract.
(2) That certain exception and reservation unto
Gail Whitcomb, his heirs and assigns, of
that certain stipulated undivided royalty
interest contained in the Whitcomb 864 Deed.
(3) Those certain surface estates granted
and conveyed unto Texas Central Mortgage
Co. , et al, under Deed dated October 14,
1975, executed by ANW, filed in the
Official Public Records of Real Property
of Harris County, Texas, on October 15,
1975, under File No. E-571418 and re-
corded under Film Code Reference No.
129-01-2214, and describing those certain
parcels containing 12.2828 acres and
17.8830 acres.
(4) The vendor's lien retained in favor of
Gail Whitcomb in the Whitcomb 864 Deed
and the Deed of Trust dated March 1, 1972,
executed by ANW to Thomas L. Whitcomb and
filed in the Official Public Records of
Real Property of Harris County, Texas,
under File No. D-546443 (vendor's lien and
Deed of Trust lien being hereinafter col-
lectivelycalled the "Whitcomb Liens') ,
except mention is made of the fact that the
Whitcomb Liens have been released insofar
as same cover and affect certain of the
lands initially covered thereby and in-
cluded within the Subject Tracts and
nothing herein shall be deemed to re-
impose the Whitcomb Liens upon any por-
tions of the Subject Tracts heretofore
partially released therefrom.
C. In the case of all the Subject Tracts, validly
existing rights of third persons, if any, with
respect to easements and rights-of-way created
by ANW under deeds or other instruments duly exe-
cuted by it and of record in the Official Public
Records of Real Property of Harris County, Texas,
at or prior to the date of this Deed of Convey-
ance.
All references and recitals hereinabove contained are
set forth in this Deed of Conveyance solely for the purpose of
fixing and determining the nature and extent of ANW's warranty
of title hereinafter contained, and no such reference or recital
shall be deemed to have confirmed, ratified, adopted or recognized
any right, title, estate or interest in any third person whomso-
ever and no third party beneficiary rights are intended to be
granted hereunder and none shall be inferred.
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I45-16-2282
ANW excepts from this Deed of Conveyance and rues
unto itself, its successors and assigns, the surface and surface
estates only in and to the following parcels of land (bereivafter
called the "S Parcels") :
(1) That certain 20 .2798 acre parcel out of the
Second Tract:
To Locate the PLACE OF BEGINNING, COMMENCE at a
found 4 inch pipe marking the most northerly or
northwest corner of the Third Tract; then root
S 48° 17' 19" E, 390.00 feet with the general
line of a fence and a northerly line of the laird
Tract to a set 5/8 inch iron rod marking the nest
easterly corner of the Third Tract and the most
northerly corner of the Second Tract, and then
run S 41° 40' 49" W, 483.52 feet with the common
line of the Second and Third Tracts to a set
5/8 inch iron rod marking the most northerly
corner and PLACE OF BEGINNING of the herein de-
scribed tract;
THENCE S 18° 49 ' 54" E, 768.45 feet leaving the
said common line of the Second and Third Tracts
to a set 5/8 inch iron rod in a southeasterly line
of the Second Tract, in the northwesterly line of
a 50 acre tract designated as "Tract No. 1" in
instrument recorded in Volume 264, Page 548 of the
Deed Records of Harris County, Texas and the most
easterly corner cf the herein described tract;
THENCE S 41° 37' 46" W, with the common line of
the Second Tract and such 50 acre tracts at
1,227.20 feet passing a found 5/8 inch iron rod
and continuing for a total distance of 1,342.00
feet to the most southerly corner of the herein
described tract, and corner being on the approxi-
mate water's edge of Clear Creek; !+
THENCE the following courses and distances along
•
the approximate water's edge of Clear Creek:
•
N 20° 59' 24" E, 95.99 feet;
N 02° 15' 33" W, 150.16 feet;
N 30° 54 ' 50" W, 205.49 feet;
N 47° 19 ' 33" W, 44 .77 feet;
N 54° 17' 20" W, 58.47 feet;
N 57° 27 ' 05" W, 100.93 feet;
THENCE N 64° 34 ' 49" W, 138.89 feet along the approxi-
mate water's edge of Clear Creek to a set 5/8 inch
iron rod in the common line of the said 29.0 and 19.5
acre tracts for the most westerly corner of the ;•
herein described tract;
THENCE N 41° 40' 49" E, 1,521.09 feet with the
common line of the Second and Third Tracts to a
set 5/8 inch iron rod marking the most northerly
corner and PLACE OF BEGINNING, and containing
20.2798 acres of land.
(2) That certain 11.5222-acre parcel out of the Fourth
Tract, being more particularly described by metes
and bounds as follows:
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To Locate the PLACE OF BEGINNING. commence at a
set 5/8 inch iron rod marking the intersection of
the east line of the said Thomas Choate Survey
A-12, with the southerly right-of-way line of
F.M. 528, having a bearing of N 81" 12' 47" E,
based on a width of 100 feet, from which run S 03a
00' 52" E, 613.96 feet along the east line of the
said Thomas Choate Survey and the general line of
a fence to a set 5/8 inch iron rod marring the
most northerly corner and POINT OF BEGINNING of
the herein described tract;
THENCE continuing S 03° 00' E, 1021.19 feet
along the east line of the said Thomas Choate
Survey and the general line of a fence to a found
1-1/4 inch iron pipe marking the southeast comas
of the said Thomas Choate Survey and of the
herein described tract;
THENCE S 87° 17' 44" W, 983.00 feet along the •
south line of the said Thomas Choate Survey and
the general line of a fence to a found 1-1/4 inch
iron pipe marking the southwest corner of the
herein described tract;
THENCE N 41° 02 ' 35" E, 1413.60 feet to the east
northerly corner and POINT OF BEGINNING of the
herein described tract containing 11.5222 acres Of
land.
(3) That certain 0.5006-acre parcel out of Fourth
Tract and being more particularly described by
metes and bounds as follows;
To Locate the PLACE OF BEGINNING, commence at a
- point where the southwesterly line of Thomas
Choate Survey, A-12, and the northeasterly line
of the Sarah McKissick Survey, A-549, intersects
the south R.O.W. line of F.M. 528 (100 feet wide) ,
from which run N 81° 12' 47" E, 52.23 feet along
the south R.O.-W. line of said F.N. 528 (100' wide)
to the northwest corner and POINT OF BEGINNING of
the herein described tract of land;
THENCE N 81° 12' 47" E, 138.00 feet along the
south R.O.W. line of said F.M. 528 (100' vide) to
the northeast corner of the herein described tratt
of land;
THENCE S 08° 47 ' 13" W. 158.00 feet to the south-
east corner of the herein described tract of land;
THENCE S 81° 12' 47" W, 138.00 feet to the south-
west corner of the heroin described tract of land;
THENCE N 08° 47' 13" W, 158.00 feet to the POINT
OF BEGINNING and containing 0.5006 acres of land,
and
(4) The Fifth Parcel in its entirety.
The exception and reservation of the S Parcels surface a.d sur-
face estate by ANW shall be deemed not to include any oil. ga.=
or other minerals in, on or under the S Parcels or any one
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' 145-16-2284
thereof at a subsurface depth of 100 feet or more. DHK, its
successors and assigns shall be deemed to have been granted all
oil, gas and other minerals (subject to validly existing rights
and estates, if any, of third persons of record) in, on and
under the S Parcels at a subsurface depth of 100 feet or more
without, however, any right to use any part of the surface of
the S Parcels in connection with the drilling, exploring,
producing, treating, storing, removing or transporting oil,
gas or other minerals thereunder or under any adjoining lands
with all exploration, development and production of oil, gas
or other minerals in, on or under the S Parcels at or below the
subsurface depth to be effected by unitization with all wells
and surface facilities on lands other than the S Parcels or
by directional drilling with any well bore penetrating any S
Parcel at or below the subsurface depth of 100 feet.
The consideration for this Deed of Conveyance is
represented in part by:
(1) DHK's assumption and agreement to pay, in accord-
ance with the face and tenor of the promissory
note evidencing such indebtedness, a One Hundred
Thirty-Two Thousand Eight Hundred Fifty Dollars
($132,850.00) portion of the indebtedness evi-
denced by that certain promissory note dated
June 15, 1973, made by ANW payable to the order
of Mortgage and Trust, Inc., in the original
principal amount of One Hundred Seventy-Eight
Thousand Dollars ($178,000.00) bearing interest
and being repayable as more fully set out in the
MST Deed of Trust and the said proportionate
part of all interest to accrue and to become
payable upon such promissory note, and to per-
form, satisfy and observe all covenants con-
tained in the MST Deed of Trust.
(2) DHK's assumption and agreement to pay, in ac-
cordance with the face and tenor of the promis-
sory note evidencing such indebtedness, the last
Three Hundred Two Thousand Seven Hundred Eighty-
Four Thousand Collars ($302 ,784 .00) to become
payable upon that certain promissory note dated
March 1, 1972, made by ANW payable to the order
of Gail Whitcomb in the original principal amount
of One Million Six Hundred Three Thousand Five
Hundred Dollars ($1,603,500.00) bearing interest
and being payable as more fully set out in the
Whitcomb 864 Deed and to pay interest to accrue
from and after March 1, 1976 , upon said portion
of such principal sum, and to perform, satisfy
and observe, to the extent the same relate to or
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I45-I6-2265
cover the Fourth Tract (except those portions
thereof heretofore released of record from the
Whitcomb Liens) , all covenants contained in the
Deed of Trust constituting a part of the
Whitcomb Liens. ANW states and represents that
the unpaid principal balance upon such indebted-
ness secured by the Whitcomb Liens as of March 1,
1976, was One Million Sixty-Nine Thousand Tan
and 48/100 Dollars (81,069,010.48) with interest
paid to March 15, 1976. DHK, at any time and
from time to time at its option, may p ,r or
tender amounts to ANW for inclusion by ANW in
the payment or tender of installments then matur-
ing upon the indebtedness secured by the Whitcomb
Liens or may pay or tender directly to the holder
of such promissory notes amounts thereon (with
notice of such payment or tender to be given to
ANW) , and all sums paid or tendered by DHK to
either ANW or the holder of such promissory note
shall reduce the sums assumed by DHK under this
paragraph (2) even though such payment or tender
is not ;applied to the last maturing installments
upon :such promissory note. Except to the extent
assumed by DHK hereunder, ANW shall pay all
portions of the indebtedness evidenced by such
promissory note and shall perform, satisfy and
observe all covenants contained in the Deed of
Trust securing such promissory note to the extent
the same covers or affects lands other than the
Fourth Tract hereinabove described.
No spreading of liens is intended hereunder and none shall be
inferred. The assumption of indebtedness described in Paragraph
(1) of this grammatical paragraph shall be secured only by those
portions of the First, Second and Third Tracts not heretofore
released from the M&T Deed of Trust and Mortgage and Trust, Inc,
or other holder of such indebtedness shall not hold under or on
account of this Deed of Conveyance or any provision hereof any
lien, mortgage or charge upon any of the Subject Tracts other
than the unreleased portions of the First, Second and Third Tracts.
The assumption of indebtedness described in paragraph (2) of
this grammatical paragraph shall be secured only by those por-
tions of the Fourth Tract not heretofore released from the
Whitcomb Liens and Gail Whitcomb or other holder of such in-
debtedness shall not hold under or on account of this Deed of
Conveyance or any provision hereof any lien, mortgage or charge
upon any of the Subject Tracts other than the unreleased portions
of the Fourth Tract.
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pi
6.
I45-I6-2265
To have and to hold the Subject Tracts, together with
all and singular the rights and appurtenances thereto in anywise
belonging, but subject to the exceptions, reservations and other
encumbrances herein mentioned or contained, unto DHK, its succes-
sors and assigns, and, subject to such exceptions, reservations
and other encumbrances, ANW does hereby bind itself, its suc-
cessors assigns to warrant and forever defend the Subject
Tracts unto DHK, its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part
thereof.
DHK assumes and agrees to pay all 1976 ad valorem
taxes without right of reimbursement for any portion thereof
upon the Subject Tracts (except portions thereof which may be
under applicable law exempt from ad valorem taxes or treated
as property of third parties (i.e. other than ANW or DHK) for
the purpose of fixing and determining liability for ad valorem
tax purposes) .
EXECUTED this the date first hereinabove written.
A'1"�FST:
bk--/AUSTIN-NORTHWEST EVELOPNENT Co,I
•.Stir. ',',� /
By jCot f �� t(C L
Secretary /6S-7: s nts
.(SeaI)c- •
1411010111V,%I..r..a..w1,11
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THE STATE OF TEXAS § .r.. '
rot Mirl or,rrrrr
COUNTY OF HARRIS S
BEFORE ME, the undersigned authority, on this day
Personally appeared 6R.tiu4>>1a,,,„11T C1r }1 \ , President of
AUSTIN-NORTHWEST DEVELOPMENT CO. , a corporation, known to me
to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same
for the purposes and consideration therein expressed, in',the
capacity therein stated, and as the act and deed of said
corporation.
GIVEN under my hand and seal of office this the 1cl
day of �,Q , 1976.cNJ Mil
•
•
t°7-�1m17 7,e✓S7— Notary Public in and tor,
Po BG`c Z8d,5 Harris County, Texas
Gl)..STek)/ IA- 7700/ -12-
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