HomeMy WebLinkAboutSpecial Warranty Deed of Gift - AUTUMN CREEK DEVELOPMENT, LTD., - 2533 DAVIS PRAIRIE LN SPECIAL WARRANTY GIFT
AUSTIN CHASE AT WEST RANCH SECTION TWO
Date June 4, 2 018
Grantor AUTUMN CREEK DEVELOPMENT, LTD.,
a Texas limited partnership
Grantor's wiling Address
661 Greens Parkway, Suite 220
Houston, Tx 77067-4526
Grantee CITY OF FRIENDSWOOD
Grantee's Mailing Address
910 South Friendswood Drive
Rriendswood, Tx 77546
Property
All of Restricted Reserves"A"of Austin Chase at West Ranch Section Two, according to the plat
thereof recorded under Clerk's Rile No. 2016006227 of the Real Property Records of Galveston
County, Texas, and more particularly described in Exhibit"A"attached hereto and incorporated
herein for all purposes.
Matters Affecting Conveyance and Warranty:
1. Grantor does grant and convey in fee simple the Property with Special Warranty of title unto
Grantee.
2. This conveyance is a gift by Grantor to Grantee, and the consideration for the conveyance shall be
the mutual benefits derived by each party from this conveyance and Grantee's adherence to the
requirements to the terms of the grant.
3. The Property shall be used solely as a controlled access, landscaped, parking lot not to exceed 41
parking spaces as shown on Exhibit "B" attached hereto and for no other purposes; provided,
however, that this use restriction shall in no manner diminish the rights that Grantor has reserved in
this Deed. Grantee shall cause the parking area to be closed from dusk to dawn and shall prohibit
any use of the Property during this period.
4. The exception and reservation of all oil, gas and other minerals in, on and under the Property,which
minerals were excepted and reserved by predecessor or predecessors in title of Grantor, and which
exception is made in favor of present owner or owners of such minerals as their interests may appear
of record in Galveston County, Texas.
5. This conveyance is subject to all matters of record in Galveston County, Texas, validly subsisting
against and affecting the Property on this date, except prior conveyances and monetary
encumbrances. The entire mineral estate in the Property has been reserved by Grantor's
predecessors in title.
6. Grantor reserves, together with the right of assignment in whole or in part, multiple easements on,
along and across the Property for utility lines and for drainage, and the right to grant additional
easements on, along and across the Property for public and private purposes without joinder of
Grantee;provided, however,that any such use shall not unreasonably interfere with rights specifically
granted to Grantee herein. Such easements include (but are not limited to) easements to public
agencies and governmental agencies; easements for overhead and underground electrical
distribution, natural gas transmission, telephone, cable television and similar services.
7. Grantor shall have the right, but not the obligation, to build and construct additional recreational
facilities or landscaping on the Property with Grantee's consent. Such consent will not be
unreasonable withheld provided the proposed improvements do not interfere with the Grantee's use
of the property. Upon completion and installation of these facilities, the facilities shall become
Grantee's property.
8. The Property and all improvements on the Property shall be kept at all times in a sanitary, healthful
and attractive condition with all weeds, grass and underbrush cut. No portion of the Property or the
improvements shall be used for the exterior storage of materials or equipment.
9. Notwithstanding any other term of this Deed of Gift, if any part of the property ceases to be used for
the purposes stated above,title to the Property not so used may, at Grantor's sole election and upon
written notice to Grantee, revert to and become vested in Grantor; provided, however, that all
restrictive covenants of this Deed of Gift shall cease to exist and be of no further force or effect with
respect to the land which revests in Grantor.
10. Grantee will maintain the fences on the Property located on the common boundary lines listed below.
(a) The six foot(6') high wood capped fence on the side common property line of Lot 1 and
2 of Block 3 in Austin Chase at West Ranch Section One and Reserve"A" and,
(b) The six foot(6') high wood capped fence on the side common property line of Lot 1 of
Block 1 in Austin Chase at West Ranch Section Two and Reserve"A".
11. The Property is encumbered by all rights, obligations and other matters emanating from and existing
by reason of the creation, establishment, maintenance, and operation of the West Ranch
Management District("WRMD"), within whose jurisdiction the Property is located in its entirety.
Nothing in this Deed of Gift, including reference to any instrument of record, shall have the effect of confirming or
recognizing the validity of any instrument or right which had, on or immediately prior to this date, expired or lapsed
by its terms or otherwise.
The reservations, conditions, covenants, exceptions and restrictions set out in this Deed of Gift and the obligations
that are the undertakings of Grantee and its successors and assigns recited in this Deed of Gift shall be covenants
running with the land and shall be binding on Grantee and its successors and assigns.
Grantor, for the consideration and subject to the reservations, conditions, exceptions and other matters set out in
this Deed of Gift, including the Matters Affecting Conveyance and Warranty, gives, grants and conveys the property
to Grantee, together with all in singular the rights and appurtenances thereto and any wise belonging, to have and
to hold unto Grantee, and Grantee's successors and assigns for as long as the conditions of this Deed of Gift are
satisfied. Grantor binds Grantor and Grantor's successors and assigns to warrant and forever defend all and
singular the Property to Grantee and to Grantee's successors and assigns against every person whosoever lawfully
claiming or to claim the same or any part thereof, except as to the Matters Affecting Conveyance and Warranty,
when the claims are by, through and under Grantor, but not otherwise.
When the context requires, singular nouns and pronouns shall include the plural. Titles used in this Deed are used
for convenience only and shall not limit or affect the content.
_2_
Grantee has executed this Deed of Gift for purposes of acknowledging acceptance of this instrument and to
evidence its assent to the terms and provisions of the instrument.
AUTUMN CREEK DEVELOPMENT, •,
a Texas limited partnership,
By: Lennar Texas Holding C mpany,
a Texas Corporatio General Partner
B
n . Hammond, Vice resident
CITY OF F I NDSWOOD
By:
Mik For man Mayor
STATE OF TEXAS §
COUNTY OF HARRIS § "
This instrument was acknowledged before me on , 2018 by John W. Hammond,
Vice President of Lennar Texas Holding Company, a Texas corporation, as General Partner of Autumn Creek
developm
MONICA D �A 7FF L
Notary I 6
My Commission r r , No tary u ic, St f Texas
OF STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on this day of 2018 by
�Aaq of Friendswood, Texas.
MICHELLE
Notary ID#12845085-2
NOTARY PUBLIC QA_
STATE OF TEXAS Notary Public State of Texas
OF My Commission Expires.11-1 201 y
Afte i a
Friendswood Development Company
681 Greens Parkway,Suite 220
Houston,TX 77067-4526
Attn:Monica Vega-Duffield
-3-
EXHIBIT L 77
AUSTIN CHASE AT WEST A CH SEC. 2 RESERVE" " Y 31,2018
0.9944 CE ONE ACRE JOB NO,2443-02
DESCRIPTION OF A.0.9944 ACRE TRACT OF LAND SITUATED
IN THE J014N DICKINSON SURVEY,ABSTRACT NCB. 95
CITY OF FRIENDSWOOD, GALVESTON COUNTY, TEXAS
BEING a 0.9944 of one acre(43,314 square foot)tract of land situated in the John Dickinson Survey,
Abstract No. 9,City of Friendswood, Galveston County,Texas and being all of Restricted Deserve"A" of
AUSTIN CHASE AT NVEST RANCH SECTION TWO, a subdivision per plat recorded under M.N.
2016008227 of the Galveston County Map Records(G.C.M.R.),said 0.9944 of one acre tract of land
described by metes and bounds as follows:
BEGINNING at a 1/2-inch iron pipe with cap stamped"Brown&Gay"found for the Southeast corner of
said Restricted Deserve"A"and the herein described tract, lying on the West line of a called 45.906 acre
tract of land described in an instrument to City ofFriendswood recorded under Clerk's File No. 9316733
of the Official Public Records of Real Property Galveston County Texas;
THENCE, S 86°55'50" W,a distance of 91.78 feet along and with the South line of said Restricted
Reserve"A"to a 1/2-inch iron rod with cap stamped "BGE INC" found for the Southwest corner of said
Restricted Reserve"A"and the herein described tract and the Southeast corner of Lot 1 of Block I of said
AUSTIN CHASE AT WEST RANCH SECTION TWO;
THENCE,N 03'04'10" W,a distance of 132.71 feet along and with the common line of said Restricted
Deserve"A"and said Lot I to a 1/2-inch iro n rod with cap stamped "Brown&Cray"found for the
beginning of a non-tangent curve to the left f-om which its center bears N 1 7'34'29" w, 85.00 feet, lying
on the Southeasterly right-of-way line of Davis Prairie Lane(60 feet wide) as shown on said AUSTIN
CHASE AT WEST RANCH SECTION TWO;
THENCE, in a Northeasterly direction,along and with said Southeasterly right-of-way line and said curve
to the left,a distance of 60.79 feet,having a radius of 85.00 feet, a central angle of 40'58'30" and a chord
which bears N 51'56116"E, 59.50 feet to a point of tangency;
THENCE,N 31`2TO I" E,a distance of 73.46 feet,continuing along and with the Southeasterly right-of-
way of said Davis Prairie Lane to the beginning of a tangent curve to the left;
THENCE,, in a Northeasterly direction, along said curve to the left, a distance of 75.08 feet, having a
radius of 330.00 feet,a central angle of 13'02'06" and a chord which hears INT 24°55'58" E, 74.91 feet to
the Northwest cornier of said Restricted Reserve"A' and the herein described tract and the Southwest
corner of Lot 1 of Block 3 of AUSTIN CHASE AT WEST RANCH SECTION ONE, a subdivision per
plat recorded under M.N. 2015026521 of the G.C.M.D.;
THENCE, S 71035'05" E, a distance of 63.70 feet along and wltb the common line of said Restricted
Reserve"A"and said Block 3 to the South comer of said Lot 1 and an interior comer of said Restricted
Deserve"A"and the Herein described tract;
THENCE,N 65°3 5'16" E, a distance of 136.23 feet, continuing along and with the common line of said
Restricted Reserve"A"and said Block 3 to the Northeast corner of said Restricted Deserve"A"and the
herein described tract, lybig on the Nest line of said 45.906 acme tract;
-4-
AUSTIN CHASE AT WEST RANCH . RESERVE
0.9944 OF ONE ACRE JOB .
THENCE, S 31027'01"° W.5 a distance of .0 feet along it the common line of said es icte
Reserve"A" said 45.906 acre tract to the POINT OF BEGINNIING and containing 0.9944 of one
cavi a(43,�1 s u �v-evti of land.
Bearing orientation and coordinates are based on the Texas Coordinate System, South Central Zone 4204,
NAD-83 and is referenced t0 AUSTIN CHASE TI TWO as cite herein.
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1 r C.Be ley RPLS No. 2055
ICE Inc.
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... 10777 Westhelmer Road, Suite 400
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s os+r ►s ► ter p Houston,Texas 77042
2055 Telephone: (281) 558-8700
TBPLS Licensed Surveying Firm No. 10106500
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t, BATH;; r.:, WEST RANCH MANAGEMENT DISTRICT
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CITY PARK
PROPOSED SITE LAYOUT
Scale: Job No.: Dale; Exhibit:
1"=20' 2443-01 51512015 1
FILED AND RECORDED
Instrument Number: 2018035299
Recording Fees. 46.00
Number Of Pages)
Filing and Recording Date: 06/13/2018 10:16AM
I hereby certify that this instrument was FILED on the date and time stamped hereon
and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas.
OX
Dwight D. Sullivan, County Clerk
OF a
Galveston County, Texas
DO NOT DESTROY - Warning, this document is part of the Official Public Record,