Gatew-3.1/SP,PP-CS 980508Mailing Address of Grantee:
Park West Commerce Center, L.L.C.
c/o Pacific Realty Associates, L.P.
15350 S.W. Sequoia Parkway, Suite 300
Portland, Oregon, 97224
Attn: Mr. F. Michael Nugent
SPECIAL WARRANTY DEED
Deed
139901
TI-IE STATE OF TEXAS
COUNTY OF DALLAS
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, CATELLUS DEVELOPMENT CORPORATION, a Delaware
corporation (hereinafter referred to a "Grantor"), for and in consideration of the sum ofTen .and
No/100 Dollars ($10.00) and other valuable consideration to the undersigned paid by PARK
WEST COMMERCE CENTER, L.L.C., a Texas limited liability company (hereinafter referred to
as "Grantee"), the receipt and sufficiency of which consideration are hereby acknowledged, has
GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND
CONVEY unto Grantee, the following described property in Dallas County, Texas to-wit:
That real property described in Exhibit "A" attached hereto and
hereby made a part hereof(the "Property"); subject, however, to
the matters set forth on Exhibit "B" and Exhibit "C" attached hereto
and hereby made a part hereof.
TO HAVE AND TO HOLD the above described premises, together with Gout
without warranty) all and singular the fights and appurtenances thereto in anywise belonging to
Grantor, unto the said Grantee, its successors, legal representatives and assi~cms forever, and
Grantor does hereby bind itself, and its successors to WARRANT AND FOREVER DEFEND all
and singular the said premises unto the said Grantee, its successors, legal representatives and
assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof by, or through the Grantor, but not otherwise, and subject as aforesaid.
TX 1131601/1131602
OC981250.004/SDH/C 1595-111/05-07-98/sdh
9B092 0'70u, 5
By its acceptance hereof, the Grantee hereby assumes and agrees to pay all ad
valorem taxes assessed against the above-described property for 1998 and all subsequent years,
and agrees to indemnify and hold Grantor harmless from all such taxes and assessments.
EXECUTED this ~ day of May, 1998
GRANTOR:
CATELLUS DEVELOPMENT CORPORATION,
a Dehw~a~
By: / /~/~ -
Name:
Title:
- §
cotmzv
No~ ~blic ~ ~d for md s~te, perso~y app~ ~ ~ u~ ~ , perso~y
~om to me (or proved to me on ~e basis of sa~facto~ e~aence) to be ~e person whose nme
is ~bs~bed to ~e ~thin ~ment ~d ac~owl~ged to me ~t he/she executed ~e sine h
hs~er auto.ed mpaci~, ~d ~t by ~er si~e on ~e mmeat, ~e persog or ~e
enfi~ upon be~ ofwhch ~e person acted, exemt~ ~e ~ent.
WITNESS my hand and official seal.
g~6~~ in and for ~id State
My Commission Expires 6-6-1999
TX 1131601~1131602
OC981250.004/SDH/Cl 595-111/05-07-98/sdh
-2-
98092 070 ,6
F'_~ST AM--r~.:CA~N TIT'.-;' iNSb'RANCE COM_uA.\'y
98R~2~8~
Exhibit A
GF-Number 98R0218a
BEING a 16.1628 acre tract of land out of -..b.e James &. Sinnons Sur~ey, Abstract
No. 1296 an~ ch· CorcLelia Bowen Survey, Abstract No. 56, DalI~ CounTy, Te.Y, as,
said tract bein~ more particularly dascribed by me:es and boun(:~ as follows:
BEGINNING at a 1/2-inch found iron rod for corner, said point bein6 the
in:ers·trion of the North·as: r£~hc-of-way line of Freeport Parkway (100'
R.O.V.) with ch· Southeast r~ghc-of-way line of Airl£ne Drive (60' R.0.V.) said
point also being the point of curvature of a circular curve co the left having
a central angle of 18 degrees 25 minutes 19 seconds having a tad/us of 666.96
feet, and a chord bearinG of North A5 degrees 29 mirmces 25 seconcLs F~sc;
T~ENCE in a northeasterly direction alc~g said curve co the lef: and along sa~d
east line of Airlin~ Drive a disuance of 214.~ fee: Co a 1/2-i~ fo~d iron
rod for co.er;
THENCE Norr~h 36 d~rees 16 minutes &5 seconds F, LSC, continuing alan~ SLid east
line, a distance of 258.99 feeC Co a 1/2-inch found iron rod for cot'nar;
THENCE South 53 de§tees A3 minutes l& seconds E~sC, dsparcinG s~Ld east line,
distance of 285.5~ feec co a 1/2-inch found iron ro~ for corner:
THENCE South 88 de~rees &2 minutes 36 seconds E~st, a dts~nce of 400.00 feec
to a 1/2-inch found iron rod for corr~r;
THENGE South 01 degree 17 ~Lnuces 2~ seconds Vest, & distance of 172.58 feec co
a 1/2-inch found iron rod for ~he poi~C of curvature of a c£rcular curve co Ch·
left having a central an~le of 39 degrees lg minutes 17 secoud~ hrv~_n~ · rid/us
of 382.25 feet, and a chord bearing of South 18 de~cees 22 minutes ~0 seconds
East:
THENCE in a southeasterly d/recc2ou along said curve co =he left, an arc
distance of 262.00 feet Co a 3/&-inch found iron rod for corner;
THE C South 01 degree 16 u nuces seconds esc, · 4 scance ot &0.36 feec co
a 2/2-inch sec ~ron rod for corner, sa/d point beinG alot~ cite north
r~Ghc-of-wa7 of propose~ VcauGle= Drive (65' ~.O.V.);
THENCE North 89 degrees 09 minutes 29 second~ Vest. along sald north
right-of-way line, a dis=ante of ~35.03 ~eet, =o a 1/2-£nch se= ~ron rod ~or
:he point of c~a~e of a circ~ ~ co ~e left h~nf a cent=al ~e
of 29 ~.~s a7 ~ucos ~ sec~ h~ a radi~ of 632.50 feet, ~ a chord
beari~ of Sou~ 75 ~ees 56 ~nuces 39 seco~ Vest:
THENCE in a sour/westerly direction alon~ said curve to ~he left ~nd conCinuin§
alonS said north rishc-of-vay lint, a d~scance of 328.92 feec co · 1/2-inch sec
98092 070 7
98R02!Ba
Exhibit A (Continued)
GF-Number 95R02154
iron rod for a corner clip in said east line of Freeport Parkway;
THENCE North 75 de~rees 54 minutes 13 seconds West, along said corner clip and
east line, a distance of 25.60 feet to a 1/2-inch se: iron rod for the point of
curve:ute of a non-tangent circular curve :o :he lei: havi~ a ten:re1 angle of
02 ~rees ~5 mi~:ms 0a secon~ ~win~ a radi~ of 870.00 fee:, and a chor~
beari~ of Nor=h 33 ae~rees 55 minu=es 23 secon~ ~es:, porn= bel~ alo~
e~: line of said ~eepor: Parkway (100' ~.0.~.);
~CE in a not.westerly ~rec=ion aloha said cu~e =o ~e %mi: ~ con:l~ln~
alon~ sai~ cas: ri~=-of-way line of ~epor: Par~ay, a ~is~e of al.77 feet
=o a 1/2-inch se: iron ro~ ~or
~CE Nor:h 35 ~$rtes 17 mi~:es 55 stc~ ~es:, con:i~n~ alo~ said
right-of-way line of Freeport Par~ay, a ~s~e of 872.62 fee= =o =he ~I~
OF BEGI~ING a~ CO~NG 7~.050 s~e feec or 16.1628 ~=es of 1~,
or less.
SE~q~ a 7.863 acre tract of land ouc of =he Ja~es A. Simmons $urveT, Abstract
No. 1296, Dallas Count, Texas, said ~ ~ei~ ~re ptr=lc~arl~ descr~be~
me=es ~ bo~ ~ roll.s:
~I~ ~ a 1/2-inch sec iron rod w/p~:ic c~ s~d '~l~f ~soc..
Inc.", herel~r referred :o ~ v/cap, s~d point bel~ a~ ~e in:ersec~lon
of =he Nor~e~= riSc-of-way 1L~ of ~eepor= P~ay (80' ~.0.~.) w~=h
No~e~= ri~-~f-way l~e of~rline ~i~ (60' ~.0.~.);
~CE Nor~ 35 ~ees L6 ~ces 21 se~ Ves=, alo~ ~ said
l~ne of ~ee~ P=~7, i ~sc=e o~ 570.6S foe~ =o I sec
v/cap for ~e po~uc of c~~e of a cir~ ~ ~o ~e r~ hi'aG
cen~AL ~e o~ 08 ~s 2A m~es ~ sec~ h~ =~i~ o~ 226.59 ~eec.
a~ a chord~~ oE~ 31 ~ees ~ ~Ces 21 seco~
~CE ~a~~~e~ly d~ectfon alo~ said ~e ~o ~e ri~ ~
a se~ 'X"-~ for corr. said po~ bei~ ~e ~inc of c~~e of a
n~es 05 secon~ ha~ng a radius o~ 67~.2~ ~ee~, ~d a chord be~
39 ~ees 57 ~=es 52 secon~
~CE in a ~r~e~erl~ ~rec=ion alo~ sa~d cu~e ~o ~ lmf=,
· aid nor~e~: r~c-of--a~ li~, an ~c dis~nce of ~.15 feec ~o a 1/2-~h
se= iron to, w/cap for co.mr:
~CE No~ 36 ~ees 23 ~=es 17 sec~ ~=. a d~s~e of 127.66 fee~
98092 070 8
FiKST A.w..~KiCA.~ TITLE iNSURANCE COMPANY
95R02154
E.~hibi= A (Con:inued)
GF-Number 98R0218a
to a %/2-inch se: iron rod w/cap for corner:
THENCE South 88 c~e§ree$ 06 minutes 36 se:et%ds £as:, a disr. ance of 364.01 fee=
=o a 1/2-inch se= iron rod w/cap for corner;
THENCE North 36 cte~,rees 23 m/nutes 17 seconds East, a distance of 207.52 feet
co a i/2-in~h found iron rod w/cap for corner:
THENCE South 53 de~rees 41 minutes 55 seconds East, & distance of 302.37 fee:
to a 1/2-inch found iron re, w/cap for corner in =he northwest right-of-way
line of said Airline Drive, said point bein~ ~he point of curvature o~ a
non-tangen: circular curve =o the left having a central angle of 12 de~rees 17
minu:es 08 seconds h~vin~ a radius of 110.00 feet, and a chord Bearing of $our-h
THENCE in a southwesterly direction alon~ said ~=~e to the le~t an~ continuin&
along said norr. h~e$: right-of-way li~e, a distance of 23.59 feet =o a 1/2-inch
found iron rod for corner;
THENCE Sou~h 36 degrees 16 minutes &$ seconds West, continuing alon~ said
northwest right-of-way line, & distance of 593.27 feet to the point of
curva~are of a circular curve :o the right havin& a central an&la of 18 degrees
25 minutes 35 seconds havin& a tad/us of 606.96 feat, and a chord bear£r~ of
South &5 degrees 30 minutes 39 seconds
THENCE in · southwesterly direction alon~ said curve to ~he rt~hc ~n~
continuing alou~ said northwest r~ht'of°w&Y 1ina,
THENCE South 5& degrees &3 ~Lnu=as 37 seconds ~es=, cont~nuin~ alon~
northwest r£~h=.of-way Line, & distance o£ 9.9& fee= ~o ~he POINT OF BEGL~INO
and CONTAINING 3~2,$09 square fe~= oz 7.863 acres of laz~, ~ore or less.
98092 0701 9
PERMITTED EXCEPTIONS
That certain Declaration of Covenants, Conditions, Restrictions, Reciprocal Rights and
Easements executed by Catellus Development Corporation ("Declarant") and recorded in
Volume 98011, Page 05352 of the Official Records of Dallas County, Texas on January
16, 1998 (the "Declaration") and reserving unto Declarant, and any and all parties now or
hereatSer benefited under the Declaration, any and all easements established under the
Declaration.
That certain Memorandum of Covenants Concerning PID Reductions and the Right to
Repurchase of even date herewith and recorded concurrently herewith.
Restrictive covenants described in an instrument recorded in Volume 83246, Page 2961,
&the Official Records of Dallas County, Texas.
Items "a" through "i", inclusive, on Pages 2 and 3 of this Exhibit "B".
EXHIBIT ~B~
Page I of 3
TX 113160111131602
ocg81250.004/SDFFC1595-111/05-07-gS/sdh 9 8 0 9 2 0 7 0 5 0
a. Easemen~ ~ran~ed by l{un: Inves~nen~ Corporac£ou To =he Ci=y of Coppe11,
£iled 07/L5/82, reco=~d ~n ~ol~e 82~37, ~age 690. Deed ~eco=~ o~
Dallas ~, Te~s, ~d as sh~ on s~ey o~ ~a::~c~ ~e Ac~:,
~.P.L.S. ~662, ~ed 0~/23/98. (~fec~ bo~h Trac~) [2]
b. Easemen= ~an=ea By ~yers =o ~ne S~r
recorded ~n Uol~e 1577, P~e 8, Deed ~ecor~ of Da11~ Co~,
~ as sh~ on s~ey of Pa~ck ~e ~k~r, R.P.L.S. ~662,
0~/23/98. F~=~ly released by P~i~ ~le~e o~
~n Vol~e 71167, ~a~e 1302 ~ recor~d ~ Vol~ 8~008, Pa~e ~68, Deed
~eco=~, Dallas Co~, Texas. (~fec=s ~ac= 1) [21]
r~corded in Vol~e 2017, P~e 69, Deed Recor~ of Da11~ ~, T~as,
~/23/98. P~=ially rele~ed By P~ ~leas~ of E~emen= recorded
in Vol~e 83190, Pa~e 1231, Deed Reco=~, ~11as Co~, Te~s. (~fec=s
~ac~ 1) [221
d. ~en~ ~r~ed by C. E. Scewa~ ~o ~ S~ G~ ~~, f~led
07/31/~9, recorded ~n Vol~e 1578, Pa~e 216, Deed Recor~ of Da11~
Co~, Te~, ~d as sho~ on ~ey o~ Pa~ck ~e A~r, R.P.L.S.
~men= recor~d, tn Vol~e 71167, P~e 1308, Deed Record, Da11~
Co~, Te~. (~fec~ Trac= 1) [23]
e. Eas~en= ~=ed By Sec~e ~ to ~ S~ ~ c~y, f~led
05/26~1, recorded ~n Vol~e 7116~, P~e 1306, ~ed ~cor~ of D~i~
Co~, T~, ~d ~ sh~ on ~ey of Fa=ick ~e Acker, R.p.L.S.~&662,
0&/30/86, recor~d ~n Vol~ 8608~, Pa~e 8~, Deed Recor~ of D~i~
Co~, Te~s, dud ~ sho~ on s~ey of Pa~ck ~e Acker, R.P.L.S.
~. A~eemen= ~t~ Rebec= To Cran= o~ ~1
Inves~enu Co,ora=ion ~d Tr~l~d I~es~en= Gro~, ~=ed 12~5/83,
~led 12/19/83, recor~d ~ Vol~e 832a6, Pa~e 2985, Deed Records,
~11~ Co~, Texas, ~d as sho~ on s~ey of ~g=rick ~e Acker,
Pa~e 2 of 3
98092 07051
h. Ter~S, p~ovisions, conditions, easements, oBl[§atio~s, assessments and
li~ contained in i~ent ~ed 01/13/98, filed 01/16/98, recor~d in
Vol~e 98011, Page 5352, Deed Recor~ o~ Dallas Co~=y, T~, ~ich
s~es =~a= ~sessmen~ liens are s~ord~na=e ~o purchase m~ey l~e~. ~
~ no=ed on su~ey of Pa=r~ck ~e A~ker, R.P.L.S.~4662, ~=ed 04/23/98.
(Aff~c=s bo~ =fac=s) [19]
i. ~erhead elec=ric encroac~en= in =he m~d-portion of proper~ as sho~ on
s~ey of ~a=rick ~e Acer, R.p.L.S.~&662, ~=ed 0&/23/98. (~fects ~ac: 2)
EXHIBit
Pag~ .,3 Of:3
98O92' O7052
USE RESTRICTION
1. No portion of the Property or any improvements located thereon may be
held, developed, constructed, maintained, operated, used, leased or sold except for commercial
office or office/technology purposes and limited accessory uses incidental thereto for the use and
benefit of occupants of office building(s) constructed on the Property.
2. The restrictions set forth herein (the "Restrictions") shall run and pass with
each and every portion of the Property and be binding upon Buyer, its successors and assigns;
provided, however, that fi'om and after any resubdivision of the Property and the conveyance of
individual parcel(s) thereof to different owner(s) thereof, Grantor's fights and remedies under the
Restrictions shall only be enforceable againm the individual parcel on which the applicable
violation has occurred, and/or against the respective person or entity owning or having acquired
an interest in such parcel. Every person or entity who now or hereat~er owns or acquires any
right, title or interest in or to any portion of the Property is and shall be conclusively deemed to
have consented and agreed to every the Restrictions whether or not any reference to this Exhibit
"C" is contained in the instrument by which such person acquired an interest in the Property.
3. The benefits of the Restrictions shall inure to Seller, its successors and
assigns and to any owner of real property adjacent to the Property.
R~--['URN TO:
REPUBLIC TITLE OF TEXAS, INC.
300 CRESCENT COURT
SUITE 100
DALLAS. TEXAS 75201
EXH1Brr "C"
TX 1131601~1131602
OC981250.O04/SDH/CI595-111/O5-O7-98/sdh 9 8 0 9 2 0 7 0 5 3
~;,. I2 PH 2:51
· '"t, ~tdct$ the sale, rental, or use of tba
COUNTY CLERK, Dallas Count'/, Texas
98092 07051~