Exhibit
10.51


 


SPECIAL
WARRANTY DEED


 


	
  STATE OF TEXAS

  	
  §

  	
   

  
	
   

  	
  §

  	
  KNOW ALL MEN BY THESE PRESENTS THAT:

  
	
  COUNTY OF COLLIN

  	
  §

  	
   

  



 


TOLL ROAD TEXAS LAND COMPANY, L.P., a Texas limited
partnership (“Grantor”), for and in consideration of the sum of TEN AND NO/100
DOLLARS ($10.00), and the
further consideration of Grantee’s execution and delivery of a promissory note
of even date in the original principal sum of $1,650,000.00, payable to the
order of Grantor as therein provided, being secured by a Vendor’s Lien retained
in this Deed and by a Deed of Trust of even date from Grantee to Bryan Perkins,
Trustee, the receipt and sufficiency of which is hereby acknowledged and
confessed, has GRANTED, SOLD and CONVEYED and by these presents does hereby
GRANT, BARGAIN, SELL and CONVEY to DALLAS S & W, L.P., a Texas
limited partnership (“Grantee”), the real property described on Exhibit “A”
attached hereto, which real property is situated in Dallas County, Texas.


 


TOGETHER WITH, all and singular, the rights, benefits,
privileges, easements, tenements, hereditaments, appurtenances and interests
thereon or in anywise appertaining thereto and with all improvements located
thereon, including any
right, title or interest of Grantor in and to strips or gores, adjacent
streets, alleys and rights-of-way (said lot and, rights, benefits,
privileges, easements, tenements, hereditaments, appurtenances, improvements
and interests being hereinafter referred to as the “Property”).


 


This conveyance is made subject to the encumbrances
and exceptions (“Permitted Exceptions”) described in Exhibit “B”
attached hereto and incorporated herein by reference for all purposes, but only
to the extent they affect or relate to the Property.


 


TO HAVE AND TO HOLD the
Property, subject to the Permitted Exceptions as aforesaid, unto Grantee, and
Grantee’s successors and assigns, forever; and Grantor does hereby bind
Grantor, and Grantor’s successors and assigns, to WARRANT and FOREVER DEFEND,
all and singular, the Property, subject to the Permitted Exceptions, unto Grantee,
and Grantee’s successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by, through, or under
Grantor, but not otherwise.


 


The vendor’s lien against
and superior title to the Property are retained until the above-described
$1,650,000.00 promissory note is fully paid according to its terms, at which
time this deed shall become absolute.


 


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EXECUTED on the fourth day of October, 2002.


 


 


	
   

  	
  GRANTOR:

  
	
   

  	
   

  
	
   

  	
  TOLL ROAD TEXAS LAND COMPANY,
  L.P., a

  Texas limited partnership

  
	
   

  	
   

  
	
   

  	
  By:  Tollway Land Company, L.L.C., a Washington

  limited liability company, its General Partner

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Calvin C. Chandler

  
	
   

  	
  Name:

  	
  Calvin C. Chandler

  
	
   

  	
  Its:

  	
  Manager

  
					



 


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  STATE OF WASHINGTON

  	
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  COUNTY OF PIERCE

  	
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Before me Timothy L. Bunch, a notary public, on this
day personally appeared Calvin C. Chandler, the Manager of Tollway Land Company, L.L.C., a Washington
limited liability company, in its capacity as the general partner of Toll
Road Texas Land Company, L.P., a Texas limited partnership, 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 on behalf of said company and limited partnership.


 


Given under my hand and the seal of office this 4th
day of October, 2002.


 


 


Timothy L. Bunch


Notary Public, State of Washington


 


(SEAL)


 


 


When recorded, return to:


Fielder F. Nelms


Hallett & Perrin, P.C.


2001 Bryan Tower, Suite 3900


Dallas, Texas  75201


 


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EXHIBIT
“A”


 


Legal
Description


 


 


Lot 8, Block C/8763, of Greenway Addition, an addition to the City of
Dallas, Texas, according to the Map thereof recorded in Volume J, Page 599, of
the Map Records of Collin County, Texas, more particularly described on Exhibit
A-1 attached hereto.


 


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EXHIBIT
A-1


 


Metes and
Bounds Legal Description


 


BEING that certain lot, tract or parcel of land situated in the
McGimp-Bays  Survey, Abstract No. 65,
Collin County, Texas and being all Lot 8, Block C/8763 of the GREENWAY
ADDITION, an addition to the City of Dallas, according to the plat thereof
recorded in Cabinet “J”, Page 599 of the Map Records of Collin County, Texas
and being more particularly described as follows:


 


BEGINNING at a 1/2 inch iron rod found at a corner clip at the
intersection of the northerly right-of-way of Old Bent Tree Lane (a 56 foot
right-of-way) and the easterly right-of-way of Dallas Parkway (a variable width
right-of-way);


 


THENCE along the easterly right-of-way of said Dallas Parkway, North 45
deg. 11 min. 20 sec. West, a distance of 22.72 feet to a 1/2 inch iron rod
found for corner at the southwest corner of Lot 7 of said GREENWAY ADDITION and
a common corner of said Lot 8;


 


THENCE departing the easterly right-of-way of said Dallas Parkway,
North 88 deg. 49 min. 38 sec. East, a distance of 48.51 feet to a 1/2 inch iron
rod found for corner at the southeast corner of said Lot 7 and a common corner
said Lot 8;


 


THENCE North 01 deg. 17 min. 24 sec. East, a distance of 20.02 feet to
a 1/2 inch iron rod found for corner at the northeast corner of said Lot 7 and
a common corner of said Lot 8;


 


THENCE South 88 deg. 49 min. 38 sec. West, a distance of 50.65 feet to
a 1/2 inch iron rod found for corner at the northwest corner of said Lot 7 and
a common corner of said Lot 8, same being in the easterly right-of-way of
aforesaid Dallas Parkway, and being at the beginning of a non-tangent curve to
the right;


 


THENCE along the easterly right-of-way of said Dallas Parkway, 249.28
feet along the arc of said non-tangent curve to the right, said curve having a
radius of 4,768.42 feet, a delta angle of 02 deg. 59 min. 43 sec., and a chord
which bears North 02 deg. 01 min. 45 sec. East, a distance of 249.25 feet to a
1/2” iron rod found for corner at the northwest corner of said Lot 8, and being
at the southwest corner of Lot 9 of said GREENWAY ADDITION;


 


THENCE departing the easterly right-of-way said Dallas Parkway, North
89 deg. 21 min. 12 sec. East, at a distance of 359.61 feet passing the west
line of a  28 foot Access & Utility
Easement of record in Volume 1705, Page 919, Volume 1657, Page 148 and Volume
1716, Page 326 of the Deed Records of Collin County,  Texas (D.R.C.C.T.) and continuing on a total distance of 387.61
feet to a survey marker nail set for corner in the easterly line of said Access
& Utility Easement, same being at the southeast corner of said Lot 9 and
the northeast  corner of said Lot 8, and
being in the centerline of a private 56 foot drive (Parkway Lane) ;


 


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THENCE along the centerline of said Parkway Lane and the easterly line
of a said 28 foot Access & Utility Easement, South 00 deg. 22 min. 07 sec.
East, a distance 285.55 feet to a P.K. nail found for corner at the southeast
corner of said Lot 8, same being at the intersection of said centerline, with
the northerly right-of-way of aforesaid Old Bent Tree Lane;


 


THENCE along the northerly right-of-way line of said Old Bent Tree
Lane, South  89 deg. 24 min. 43 sec.
West, a distance of 380.46 feet to the POINT OF  BEGINNING and CONTAINING 111,388 SQUARE FEET or 2.5571 ACRES OF
LAND, more or less.


 


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EXHIBIT
“B”


 


Permitted
Exceptions


 


1.               Restrictive
covenants recorded in Volume 1493, Page 536, Land Records of Collin County,
Texas.


 


2.               Easement to the City
of Dallas, dated 09/29/1982, filed 05/20/1983, recorded in Volume 1657, Page
148, Land Records of Collin County, Texas. 
And as shown on plat recorded in Volume J, Page 599, Map Records, Collin
County, Texas.


 


3.               Easement to the
City of Dallas, dated 09/29/1982, filed 08/18/1983, recorded in Volume 1716,
Page 326, Land Records of Collin County, Texas.  And as shown on plat recorded in Volume J, Page 599, Map Records,
Collin County, Texas.


 


4.               15’ sanitary sewer
easement as shown on the plat recorded in Volume J, Page 599, Map Records of
Collin County, Texas.


 


5.               Easement to Oncor
Electric Delivery Company, dated 03/21/2002, filed 05/17/2002, recorded in
Volume 5171, Page 3450, Land Records of Collin County, Texas.


 


6.               Undivided 1/2
interest in oil, gas and other minerals, without the right of surface
entry,  described in instrument filed
01/16/1980, recorded in Volume 1225, Page 612, Land Records of Collin County,
Texas.


 


7.               Easement Agreement
dated 08/02/1983 among Jerry Stone, Jr., Aron B. Vatz and Parkway Lane
Condominium Homeowners Association, Inc. filed 08/04/1983, recorded in Volume
1705, Page 919, Land Records, Collin County, Texas and as shown on plat
recorded in Volume J, Page 599, Land Records, Collin County, Texas.


 


8.               Easement Agreement,
dated 10/01/1996, between Greenway-Tollway, L.P. and John Q. Hammons, Trustee,
filed 10/03/1996, under cc# 96-0086066, Land Records, Collin County, Texas.


 


9.               Platting Agreement,
dated 10/01/1996, between Greenway-Tollway, L.P. and John Q. Hammons, Trustee,
filed 10/03/1996, under cc# 96-0086065, Land Records, Collin County, Texas.


 


10.         Standby fees, taxes and
assessments by any taxing authority for the year 2002, and subsequent years.


 


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