Fillable Printable Special Warranty Deed - Texas

Special Warranty Deed - Texas

EXHIBIT L

FORM FOR SPECIAL WARRANTY DEED

After recording, return to:

Heritage Title Company of Austin

401 Congress Avenue, Suite 1500

Austin, TX 78701

Attn: John Bruce

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,

YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING

INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN

REAL PROPERTY BEFORE IT I S FILED FOR RECORD IN THE PUBLIC RE CORDS:

YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER.

SPECIAL WARRANTY DEED WITH VENDOR’S LIEN

STATE OF TEXAS §

§ KNOW ALL PERSONS BY THESE PRESENTS:

COUNTY OF _________ §

EFFECTIVE DATE: ____________________, 20___

GRANTOR: BRAZOS RIVER AUTHORI TY, a river author ity of the State of Texas

GRANTOR’S MAILING ADDRESS: Brazos River Authority

PO Box 7555

Waco, Texas 76714-7555

Or:

4600 Cobbs Drive

Waco, Texas 76710

McLennan County

GRANTEE: ________________________________________________

GRANTEE’S MAILING ADDRESS: ________________________________

________________________________

________________________________ County

SPE C IAL WARRANTY DEED ([COUNTY])

CONSIDERATION: Cash [and a note of even date herewith executed by Grantee and payable

to the order of _____________________________________ (“Lender”) in the principal amount

of $____________________. The note is secured by a first and superior vendor’s lien retained

in this deed, and by a first-lien deed of trust of even date herewith from Grantee to

_____________________, Trustee].

PROPERTY (INCLUDING ANY IMPROVEMENTS): The real property situated in

___________ County, Texas, and more particularly described on Exhibits “B-1-B”, “B-2-B” and

“C-1-B”, and as depicted on Exhibits “E-B”, “F-B” and “G-B” in that certain [First] [Second]

Amendment to Declaration of Restrictive Covenants, Easements, and Conditions dated

______________, 20___ (the “Declaration Amendment”), entered into by Grantor hereunder, as

Declarant, and recorded in the Official Public Records of ______ County at Volume ____ Page

____ on or about ___________, 20__ (which Declaration Amendment amends that certain

Declaration of Restrictive Covenants, Easements and Conditions dated September 27, 2010 and

recorded in the Official Public Records of _____ County at Volume ____ Page ___[, as amended

in Volume ___ Page ___], as amended, the “Declaration”), which Exhibits are incorporated

herein by reference and made a part hereof (the “Land”), together with (a) all of Grantor’s right,

title and interest in and to the buildings, roads, fixtures, and other improvements situated on the

Land (the “Improvements”), save and except (i) any equipment, fixtures, pipelines, gates, control

structures or other appurtenances or facilities which are owned, installed, or used by Grantor in

connection with Grantor’s operations and are not being conveyed as part of the Improvements

hereunder, and (ii) those certain improvements, buildings, houses, and related structures located

on the Land, as well as driveways located on leased lots and paved or gravel roads located wholly

within an individual commercial leased lot and which serve only that individual commercial

leased lot, which are the property of the individual leaseholders and are not part of the

Improvements being conveyed hereunder; and (b) all and singular the rights and appurtenances

pertaining to any of the foregoing, including without limitation, the right, title and interest of

Grantor, if any, in and to adjacent streets, alleys, easements, rights-of-way, and rights of ingress

and egress thereto. The Land and Improvements are sometimes collectively referred to herein as

the “Property”. Grantee, for itself and on behalf of its successors and assigns, hereby acknowledges

and agrees that a portion of the boundary of the Land is a meander line that is at or a certain

distance from the 1000’ contour line (as defined below) of Possum Kingdom Lake (the “

Lake”),

and as such, the boundary of the Land will change as the 1000’ contour line of the Lake changes

due to natural forces, such as erosion and accretion. The “1000’ contour line” means the line

running along the periphery of the Lake if the surface of the Lake is at an elevation of 1000 feet

above mean sea level, as measured from the top of the spillway crest gates of the Morris

Sheppard Dam, as such line may move and shift from time to time due to natural forces,

including erosion and accretion.

EXCEPTIONS TO CONVEYANCE: This conveyance is made and accepted subject to the

following (the “Permitted Exceptions”): (i) t he standard printed exception for taxes for ____ and

subsequent years, and subsequent taxes and assessments by any taxing authority for prior years

due to change in land usage or ownership, the payment of all of which has been assumed by

Grantee; (ii) the standard printed exception for shortages in area, boundaries and encroachments;

SPE C IAL WARRANTY DEED ([COUNTY])

(iii) the terms and conditions of any access easements or other rights reserved by or granted to the

Grantor in this Deed or otherwise connection with the conveyance of the Property by Grantor to

Grantee; (iv) th e easements, covenants, and restrictions contained in the Declaration, (v) any and

all leases on the Property and rights of parties in possession and any memoranda of any such

leases; (vi) any and all easem ents, rights-of-way, and other matters whether or not of record, and

those visible and apparent on the Property, affecting or related to it (including, without limitation,

any easements or agreements, whether or not recorded, between the Authority and the Water

Supply Corporation for the installation, maintenance, repair, or replacement of water lines

located beneath the Property); and all liens, restrictions, reservations, covenants, conditions, and

interests validly existing and recorded of record; (vii) any other matters that become Permitted

Exceptions pursuant to the terms of the Contract (as hereinafter defined); (viii) all regulations,

restrictions, laws, statutes, ordinances, obligations or other matters which affect the Property and

which are imposed by or existing by reason of any regulatory, governmental or quasi-

governmental districts, entities, agencies, authorities or other bodies of any kind or nature,

including, without limitation, Grantor (“Governmental Authorities”); (ix) all riparian rights,

water rights, public access rights or other rights of any kind or nature which affect the Property

and which are held by or relate to any Governmental Authorities or the public generally; and (x)

all reservations, exceptions, covenants, conditions, restrictions and other matters expressly set

forth herein, including, without limitation, the Restrictions (defined below).

RESERVATIONS FROM CONVEYANCE: Grantor excepts and expressly reserves unto itself,

its successors and assigns, all of Grantor’s right, title and interest in and to the oil, gas, and all other

minerals in, on or under the Land; it being understood and agreed that this interest shall be for the

benefit of and be owned by Grantor, its respective successors and assigns, and that in no event by

warranty, estoppel or otherwise, shall Grantee or Grantee’s successors in interest acquire any part of

said interest as a result of this convey ance.

Grantor excepts and expressly reserves unto itself, and its successors, assigns, and

designees a perpetual right, power, privilege, and easement to occasionally overflow, flood, and

submerge that portion of the Property located at or below the elevation contour of 1015’ above

mean sea level in connection with Grantor’s operation and maintenance of the Lake. Grantor

shall have no liability to Grantee or its successors or assigns , or any l essees of all or any portion

of the Property or any other person for any damages, claims, costs, injuries, or liabilities to any

person or the Property or any improvements thereon (including Improvements) that are caused by

or arise from such overflow or any act or omission by Grantor in connection with the foregoing

right and easement.

Grantor, for the Consideration and subject to the Exceptions to Conveyance, grants, sells

and conveys to Grantee the Property, TO HAVE AND TO HOLD it unt o Grantee, and Grantee’s

heirs, successors and assigns forever, and Grantor does hereby bind Grantor and Grantor’s heirs and

successors to WARRANT AND FOREVER DEFEND, all and singular, the Property to Grantee

and Grant ee’s heirs , succes sors and assigns , against every person whomsoever lawfully claiming or

to claim the same or any part thereof when the claim is by, through, or under Grantor, but not

otherwise, except as to the Exceptions to Conveyance.

SPE C IAL WARRANTY DEED ([COUNTY])

RESTRICTIONS: The Property will not be used for any purpose which would endanger

health, create a nuisance, or otherwise be incompatible with the scenic, recreational, and

environmental uses and values of the Lake, and Grantee (and its successors and assigns) shall t ake

all reasonable precautions to ensure that the construction, operation, and maintenance of any

structures, improvements, or facilities currently located or to be located on the Land will occur in a

manner that will protect the scenic, recrea tional, and environmenta l values of the Lake (collectively,

the “Restrictions”). Grantor, as the fee simple owner of the Property, establishes the Restrictions as

covenants, conditions and restrictions, whether mandatory, prohibitive, permissive or

administrative, to regulate the uses of the Property and the improvements placed on it. Grantor and

Grantee stipulate that (a) the Restrictions touch and concern the Property and are for the benefit of

both the Property and Grantor’s Retained Land (as defined and described in the Declaration and in

those certain Declaration of Restrictive Covenants, Easements, and Conditions dated September

27, 2010, entered into by Grantor, as Declarant and recorded in the Official Public Records of

[Palo Pinto County (at Volume 1739, Page 446, as amended in Volume 1857 Page 343 and

Volume ___ Page ___)], [Stephens County (at Volume 1986 Page 1, as amended in Volume

2003 Page 56, and Volume ___ Page ___)], [Young County (at Volume 1082 Page 149, as

amended in Volume ___ Page ___)], and [Jack County (at Volume 849 Page 95, as amended in

Volume ___ Page ___)]); (b) privity of estate exists by reason of Grantor’s ownership of the

Property; (c) notice is hereby given by filing this instrument in the real property records of the

counties in which the Property is situated; and (d) the Restrictions are reasonable, their purposes

being for the common benefit of Grantor and Grantee and their respectiv e successor’s and assigns .

The Restrictions run with the land making up the Property, are binding on Grantee and Grantee’s

successors and assigns forever, are enforceabl e by Grant or, and inure to the benefit of Grantor and

Grantee, an d t hei r resp ecti ve s ucces so rs an d ass i gns forev er. The Restrictions may not be modified

or terminated, in whole or in part, except with the consent of Grantor and the owner of the Property,

and then only by written instrument duly executed and acknowledged by the Grantor and the owner

of the Property and recorded in the office of the recorder of the counties in which the Property is

situated. In addition, no structures or improvements that impact or artificially amend or alter the

shoreline of the Lake (including the 1000’ contour line), or the lakebed, shall be constructed on

the Property by Grantee or Grantee’s successors and assigns, without the prior written approval

of Grantor, in its sole discretion. The foregoing restriction runs with the land and is binding on

Grantee and Grantee’s successors and assigns forever, is enforceable by Grantor, and inures to

the benefit of Grantor and Grantee and their respective successors and assigns forever.

GRANTEE HEREBY EXPRESSLY ACKNOWLEDGES THAT GRANTEE IS

RELYING SOLELY UPON ITS INVESTIGATION AND EXAMINATION OF THE

PROPERTY AND GRANTEE HAS THOROUGHLY INSPECTED AND EXAMINED

THE PROPERTY TO THE EXTENT DEEMED NECESSARY BY THE GRANTEE IN

ORDER TO ENABLE THE GRANTEE TO EVALUATE THE PURCHASE OF THE

PROPERTY. GRANTEE REPRESENTS THAT IT IS A KNOWLEDGEABLE

PURCHASER OF REAL PROPERTY AND THAT IT IS RELYING SOLELY ON ITS

OWN EXPERTISE AND THAT OF GRANTEE’S CONSULTANTS, AND THAT

GRANTEE W ILL CONDUCT SUCH INS PECTIONS AND INVE STIGATIONS OF THE

SPE C IAL WARRANTY DEED ([COUNTY])

PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND

ENVIRONMENTAL CONDITIONS THEREOF, AND SHALL RELY UPON SAME,

AND HEREBY ASSUMES THE RISK OF ANY ADVERSE MATTERS, INCLUDING,

BUT NOT LIMITED TO ADVERSE PHYSICAL AND ENVIRONMENTAL

CONDITIONS, THAT MAY NOT HAVE BEEN REVEALED BY GRANTEE’S

INSPECTIONS AND INVESTIGATIONS. GRANTEE FURTHER ACKNOWLEDGES

AND AGREES THAT GRANTEE IS ACQUIRING THE PROPERTY ON AN “AS IS,

WHERE IS ” AND “W ITH ALL FAULTS” BASIS, WITH ANY AND ALL LATENT AND

PATENT DEFECTS, WITHOUT REPRESENTATION, WARRANTIES OR

COVENANTS, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE, EXCEPT FOR

THE WARRANTY OF TITLE SPECIFICALLY SET FORTH HEREIN. GRANTEE

HEREBY WAIVES AND RELINQUISHES ALL RIGHTS AND PRIVILEGES ARISING

OUT OF, OR WITH RESPECT OR IN RELATION TO, ANY REPRESENTATIONS,

WARRANTIES OR COVE NANTS , WH ET HE R EXPRESS OR I MPLIED, WH ICH MAY

HAVE B EEN MADE OR GIVEN, OR WHICH MAY HAVE B EEN DEEMED T O HAVE

BEEN MADE OR GIVEN BY GRANTOR, EXCEPT AS EXPRESSLY SET FORTH IN

THAT CERTAIN CONTRACT FOR SALE DATED EFFECTIVE _____________, 20___

BY AND BETWEEN GRANTOR AND GRANTEE (AS AMENDED, THE

“CONTRACT”). FURTHER, GRANTEE AGREES THAT GRANTOR IS NOT LIABLE

TO GRANTEE FOR, AND GRANTEE HEREBY FULLY AND FINALLY RELEASES

AND DISCHARGES GRANTOR, ITS PRINCIPALS, OFFICERS, DIRECTORS,

AGENTS, EMPLOYEES, REPRESENTATIVES AND ATTORNEYS FROM, AND

GRANTEE ASSUMES ALL RISK AND LIABILITY FOR, AND INDEMNIFIES, AND

HOLDS GRANTOR HARMLESS FROM, ANY AND ALL CLAIMS FOR COSTS,

EXPENSES, PENALTIES, LOSSES, LIABILITIES, DAMAGES, DEMANDS, ACTIONS

OR CAUSES OF ACTION ARISING FROM OR RELATED TO THE OWNERSHIP,

USE, PHYSICAL CONDITION, LOCATION, MAINTENANCE, REPAIR, OR

OPERATION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY

CONSTRUCTION DEFECTS, ERRORS OR OMISSIONS OR ENVIRONMENTAL

CONDITIONS AFFECTING THE PROPERTY, WHETHER OR NOT SUCH CLAIM IS

ALLEGED TO ARISE FROM THE NEGLIGENCE OF GRANTOR.

WITHOUT LIMITING THE FOREGOING, IT IS UNDERSTOOD AND

AGREED THAT GRANTOR IS NOT MAKING AND SPECIFICALLY DISCLAIMS

ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER,

EXPRESS OR IMPLIED, AS TO (I) MATTERS OF TITLE OTHER THAN AS

EXPRESSLY PROVIDED HEREIN, (II) ZONING, (III) TAX CONSEQUENCES, (IV)

PHYSICAL OR ENVIRONMENTAL CONDITIONS, INCLUDING THE CONDITION

OF THE SOIL OR WATER, GEOLOGY, THE EXISTENCE OF HAZARDOUS OR

TOXIC MATERIALS IN OR ON THE LAND, (V) AVAILABILITY OF UTILITIES OR

OTHER SERVICES TO THE LAND, (VI) AVAILABILITY OF ACCESS, INGRESS OR

EGRESS, (VII) OPERATING HISTORY OR PROJECTIONS, (VIII) VALUATION OR

THE PRESENT OR FUTURE INCOME THAT MAY BE GENERATED FROM THE

PROPERTY, (IX) GOVERNMENTAL APPROVALS, (X) GOVERNMENTAL

SPE C IAL WARRANTY DEED ([COUNTY])

REGULATIONS OR ANY OTHER MATTER OR THING RELATING TO OR

AFFECTING THE PROPERTY, INCLUDING, WITHOUT LIMITATION: (A) THE

VALUE, CONDITION, MERCHANTABILITY, MARKETABILITY, PROFITABILITY,

HABITABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR USE OR

PURPOSE OF THE PROPERTY, (B) THE MANNER OR QUALITY OF THE

CONSTRUCTION OR THE WORKMANSHIP OR MATERIALS INCORPORATED

INTO ANY OF THE PROPERTY, (C) THE MANNER, QUALITY, STATE OF REPAIR

OR LACK OF REPAIR OF THE PROPERTY, AND (D) TH E EXISTENCE OF KNOWN

OR UNKNOWN FAULTS. GRANTEE FURTHER EXPRESSLY ACKNOWLEDGES

AND AGREES THAT GRANTOR IS NOT REPRESENT ING OR WARRANTING THAT

ANYTHING CAN OR WILL BE ACCOMPLISHED THROUGH GRANTEE’S

EFFORTS WITH REGARD TO THE PLANNING, OR PLATTING PROCESS OF ANY

MUNICIPALITY, PALO PINTO, STEPHENS, YOUNG, OR JACK COUNTIES, OR

ANY OTHER GOVERNMENTAL OR MUNICIPAL AUTHORITIES, BOARDS OR

ENTITIES. GRANTEE FURTHER ACKNOWLEDGES THAT ALL OR A PORTION

OF THE PROPERTY MAY NOT CURRENTLY MEET OR COMPLY WITH, AND

GRANTOR HAS NOT WARRANTED, AND DOES NOT HEREBY WARRANT, THAT

THE PROPERTY NOW MEETS OR COMPLIES WITH, OR IN THE FUTURE WILL

MEET OR COMPLY WITH, THE REQUIREMENTS OF ANY SAFETY CODE,

ENVIRONMENTAL LAW OR REGULATION OF THE STATE OF TEXAS, ANY

MUNICIPALITY, THE COUNT IE S O F PALO PINTO, STEPHENS, YOUNG, OR JACK,

OR ANY OTHER AUTHORITY (INCLUDING GRANTOR) OR JURISDICTION.

GRANTEE FURTHER ACKNOWLEDGES THAT GRANTEE, AT GRANTEE’S

EXPENSE, SHALL BE RESPONSIBLE FOR BRINGING SUCH PROPERTY INTO

COMPLIANCE WITH ANY SUCH CODES OR REGULATIONS, AS APPLICABLE.

NOTWITHSTANDING ANY SEEMING CONTRADICTION, IT IS AGREED

AND UNDERSTOOD THAT THE FOREGOING PROVISIONS ARE LIMITED SO AS

TO NOT BE CONSTRUED AS DIMINISHING OR NEGATING (I) GRANTOR’S

RESPONSIBILITY FOR ANY REPRESENTATIONS PROVIDED IN THE CONTRACT

(BUT ONLY TO THE EXTENT EXPRESSLY PROVIDED AND FOR THE DURATION

STATED), AND (II) ANY WARRANTY OF TITLE SET FORTH HEREIN.

[Lender, at Grantee’s request, has paid in cash to Grantor that portion of the purchase

price of the Property that is evidenced by the note. The first and superior vendor’s lien against the

Property is retained for the benefit of Lender, and Lender will hold superior title in and to the

Property and the title in the Grantee will not become absolute until the note is paid in full according

to the face, effect and reading thereof.]

[SIGNATURE AND ACKNOWLEDGMENT PAGES OF GRANTOR AND GRANTEE

IMMEDIATELY FOLLOW]

SPE C IAL WARRANTY DEED ([COUNTY])

[GRANTOR’S SIGNATURE AND ACKNOWLEDGMENT PAGE

TO SPECIAL WARRANTY DEED ([COUNTY])]

GRANTOR:

BRAZOS RIVER AUTHORI TY,

a river authority of the State of Texas

By: ____________________________

Name: Phillip Ford

Title: General Manager/CEO

STATE OF TEXAS §

COUNTY OF MCLENNAN §

This instrument was acknowledged before me on the _____ day of ______________, 20__,

by Phillip Ford, Gen eral Manager/CEO of Brazos River Authority, a river authority of the S tate of

Texas, on behalf of such river authority.

Notary Public in and for the State of Texas

SPE C IAL WARRANTY DEED ([COUNTY])

[GRANTEE’S SIGNATURE AND ACKNOWLEDGMENT PAGE

TO SPECIAL WARRANTY DEED ([COUNTY])]

GRANTEE’S ACCEPTANCE OF DEED

_______________________________, a ______ __________________, Grantee, accepts the

attached deed and consents to its form and substance. Grantee agrees to the obligations imposed on

Grantee by the terms of the deed.

GRANTEE:

_________________________________,

a ________ _______________________

By: ______________________________

Name: ______________________________

Title: ______________________________

STATE OF TEXAS §

COUNTY OF _____________ §

This instrument was acknowledged before me on the ____ day of _____________, 20__,

by __________________________, ________________ of _____________________________,

a __________ ___________________, on behalf of such entity.

Notary Public in and for the State of Texas

SPE C IAL WARRANTY DEED ([COUNTY])