Food Lion-CS 901211Brad Begin
Holass Millard & Duncan
2200 Renaissance Tower
1201 Elm Stre$~
Dallas, TeXas 75270
Location No. 6A
M~B/§94.11
BA~D~ ~ OORN~S JO~T F~NTUP~, a T~s joint venture
("Gr~tor"), for and in co~lderation of ~e s~ of Ten ~llars
($10.00), and o~er go~, voluble, sufficient, and received
consideration ~o ~e ~an~or paid by J~t~ D~T~ ~. ~A.
zN~. ("G~ntee~)~ a Texas co~oration, wi~ ~ ad.ess of
P.O. ~x 3538, Ga~onia, No~ Carolina 28053, A~t~lon: J~es E.
~. has ~D, ~, ~d~D, &nd by~esepresents doee
her~y ~ ~ and~Y~ ~to ~e ~rantee ~at co.in real
prope~y (WPrope~y~} ~ted in~ll~s Cowry. T~as. dego=~ed as
follows~
being ~hat ca.cain tract o~ land containing 3.816
acres, situate~ in the 8.M. Hiatt Survey. Abstract
No. 638~ ~llas cowry.. T~as, more pa~icularly
des~r~ed on ~ at~a~ hereto ~
e~e~t~ b~ ~ran~r ~a accepted by Gr~ee s~Jeot
to validly ex~stl~ ~d enforce~le right,
~n~erests~ ~es~tes, ~f ~y do in fact exist, ~t
only to ~e e~t ~a~ ~e s~e do in fact exist,
of ~ pallas In con. ion wi~ ~ose i~ ~
i~oo~rat~ by ~is reference (herein collectively
referred ~o ~ ~e ~c~r~).
~o ~IV~ ll~ ~O HOI~ the ?ro~er~y, ~ all and
sin~lar ~e ~nefits, rights, privileges, ~s~nts, tenements,
belonged. ~ all ~prov~ents of whatever kind,
characte=, or descrip~on ~ow l~ted on the P=o~y, ~
w~t~ all ~ight, ~l~le, lnte=est, and~nefi~ of ~ Gray,or In and
902 0 0436
to ~ ad~acm~t e~-~eets, roeds~ &l~eys~ m~d rights~of-wey~
b~nd i~self, ~ ~e successors ~d assi~ of ~e Grantor, ~o
W~ and Peeved ~P~ all and e~n~lar ~e Pro~e~y, s~Ject
only to the ~n~hrance~, ~to ~e Grantee, ~d the ~ucces~or~ and
assize of the Grantee, against eve~ person whomsoever lawfully
claiming or to ola~ ~e ~ope~y or ~y pa~ of ~e ~ope~y.
Notwithstanding anything to the contrary contained herein,
Grantor hereby expressly reserves and excepts from the conveyance
of ~he Property for the benefit of Grantor and Grantor'e successors
and assigns an easement in, upon, across and under that portion of
the Property described in ~ attached hereto and
incorporated herein by this reference (the "Easement Area"), for
the purpose of installation, use, operation, maintenance, repair,
replacement, relocation and removal of storm water an= sanitary
sewer improvements (the "Basement"). By Grantee's Joinder
hereinbelow, Grantee hereby grants and convoys the Easement to
Gra~tor and Grantor's successors and assigns. The vendor's lien
retained by Grantor hereinbelow is expressly made subordinate and
inferior =o the Easement. Upon the recordation of a plat covering
tho Easement Area, creating ~he Game rights and benefits conferred
by the Easement, the Easement shall merge therein and become null
and void.
FOOD LION, INC., a North Carolina corporation ("Lender"),
has provided financing to Grantee for the acquisition of the
Property, which financing is evidenced by one ce~caf~ Promissory
Note dated of even date herewith, in the original principal amount
of $2,fi00,000.00, executed by Grantee and made payable to the order
of Lender. At the request of Grantee, proceeds of such financing
have bean advanced by Lender directly to Grantor in payment of a
purchase price for the Proper~y. In consideration of such
advancement, a Vendor's Lien is retained and rese~wad to secure the
foregoing Promissory Note in the same manner and to ~he sal~s extent
as if such Promissory Note hsd been executed in ~rantor~s favor/
and by GraY,or aasipned to Lander without re=ourse or warranty; and
it is e~presely agreed and stipulated that the Vendor's Lien is
retained against the Prope~fcy until the above-described Promissory
Note and all interest thereon are fully paid according to the face,
tenor, effect, and reading thereof, whereupon this Dasd shall
b~oome absolute. Grantor does hereby transfer, sat over, assign
and convey (without recourse or warranty) unto Lender and its
successors and assigne, the Vendor's Limn herein retained and
ra~erved against ~e Property.
902 0 0 37
exeouted by ~he Grantor a8 of t~e 7th day of Deo~er, ~990.
8AND! ~ OORA~R8 JOINT
a Texas Joint venture
JHMtez D~V~0PM~T NO. 4a, INC.,
a Texas corporation
President
?~ie instrunont vas acknowledged before ne on December
1990, by MICT~eLR. ~Y,?,~w; President of A~.ww PROPBRTYCORPORATION,
Manager of S~Y ~ ~ JO~ ~, a T~as Join2 v~ture,
o nb ~,lf of .aid v~t~.. ~~ ~Z~/~
[ S E A L ] No , S~ate o~ Texas
' My C~i~s~on ~ir~s;
Print or Type Na~e of Notary
-3-
902 .0 0 38
fJTATB 01P TBZ]~ S
CO'ITH~Y 0]' ~ I
~is L~t~t was ac~owledged before ne oa ~c~er ~
1990; by J~B B. ~TXM~ ~es/dent of J~ Div~P~ ~. S~
~C., a Texas co~oration, on ~alf of sa~d co~ora~on.
No~a~ ~lic, S~e of ToxaG
Print or Type Name of Notary
-4-
902 0 0 .39
BEING a tract of land situated in the 8. M. Hlatt Survey,
Abstract No. 638 in the City cf Cop~ll, Dallas County, Texas end
also being part of a tract of land conveyed to M. Douglas Adkins,
Trustee, as described in Vol~ 76118, Page 23~ of the Deed
Records of Dallas County~ Texas and being more particularly
described as follows~
BEGINNING at a point for corner on the north line of Sandy
Lake Road (a ~0 foot right-of-way}, said point being S. 88'19'50"
W., 488.71 feet from the intersection of the said north line of
Sandy Lake Road with the west line of Samuel Boulevard (a Yarfable
width right-of-way);
THENCE S. 88'19'50" W., 2§9.02 feet continuing along the said
north line of Sandy Lake Road to a point for corner;
THENCE N. 0'54~46" W., 636.40 feet leaving the said north line
of Sandy Lake Road to a point for corner;
THENCE N. 88'31'00" E., 283.40 feet to a point for corner;
THENCE S.
THENCE S.
THENCE S.
THENCE N.
T~ENCE S.
end containing
1'24'20', E., 220.00 feet to a point for corner;
89'05'14" W., 52.27 feet to a poi~ for cor~er;
0'54t46" E., 155.81 feet to a ~oint for corner~
89'05~14" E., 26.00 feet to a point for corner~
0'54~46" E., 260.00 feet to the Point of Beginning
3.816 acres (166,236 square feet) of lend.
594.11
5
902 ,0
Permitted En~,mhrancee
Easeme,t gra~ed by O.H. saese to Temas Power & Light Company
for eleotrio transmission and/or distribution line located on
s~bJeot pro~erty, ~ated J&muary 22, 1937, filed Hatch 24,
1937, an~ recorded in Voluae 2001, Page 510, Deed Reoords o~
Dallas County, Texas, and as ~hown o~ Survey da=sd June 18,
1990, prepared by V.L. Matocha, R.P.S. No. 1816.
P~ture 25' widening strlD for SsndyLake Road Der ~he City of
coppell Planning Department as shoWn on the Survey da~ed June
1990, prepared by V.L. Natocha, R.P.S. NO. 1816.
~eesment Bnse~int~gn
BEING a tract of lend situated in the S. N. Hiatt Survey,
Abstrao~ No. 638 ~n the City of Coppell, Dallas County, Texas and
also being part cf a ~ract of la~d conveyed to M. Douglas Adkins,
Trustee, as described in Volu~s 76118, Page 2]55 of the Deed
Records of Dallas County, Texas and being more 9articulaMly
described aa follows:
C0~NCING at & point for corner on the north lime of Sandy
Lake Road (a 60 foo~ right-of-way), said ~oint be£~g $. 8~'19'~0"
W., 488.71 feet from the in~ersection of the sai~ north line of
Sandy Lake ~oad with the west line of Samuel Soulevard (& variable
width right-of-way)~ thence S. 88'19~§0# W., 259.02 feat continuing
along the said north line Of Sandy Lake Road to a point for corner~
thence N. 0'54~46" W., 636.40 feet leaving the said north lane of
Sandy Lake Road to the POINT OF BEGINNING~
T~MNCE N. 88'31'00'~ E., 283.40 feet to a point for corner;
THENCE S. 1'29~00'' E., 25.0 feet to a point for corner;
T~CE S. 88'31'00" W., app~oximately 283.4 feet to a point
for corner in the west boundary of the Pro~erty~
THENCE N. 0'54'46" W. back to th8 POINT OF BEGINNING.
~e594.11