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Home My WebLink AboutLegal Documents :.Y.' '.. "~of 'r~''::''~ i'i:.t. ",/. i.' ~ r,' . ':'" ? 1:"~1\ ~~~ ~~~) n. I, r"\.. f' .,",\ f"'\, '. ~~ 1'<. . . ~.' I ~ ". . v v ~, ._..; ,..; 19B? OCT \ 5 PH \: 50 THE STATE OF TEXAS , . ..' . 'I '. '.:'. '. i\ , : ~~ T', t.... E :(,.;. SUBORDINATION AGRtJ~~!!,~~.r::~';;~::"~;f:'"H~'!':'[ . ~ KNOW ALU' ~:[,:\:,j,;~;~SENTS: COUNTY OF BRAZOS WHEREAS, on the 28th of August, 1987, South Highway 6 Joint Venture of Brazos County, Texas, made, executed and delivered a certain promissory note in the originalprincipal.surn. of ~275,OOO.OO, HOInesteadsavingsAssociatio~:6f Texas, which in. faVbrbf Willi~. J~;pkU.lips, Jr., payable note is Truste~, recorded in Volume 998, Brazos County, Texas, against property described as Two tracts of land out of the Robert Stevenson Survey, Abstract No. 54, and in ,t:he Thomas CaruthrsSurvey, Abstract No.9 in Brazos County, Texas. WHEREAS,the said South Highway 6 Joint Venture ,is t.he record owner of the above described property, together with the improvements situated thereon; and WHEREAS, South Highway 6 Joint Venture has executed and delivered to the City of College Station, Bra~os County, Texas a utility easement over and across a portion of the property described in the above mentioned Deed of Trust which easement is more particularly described on Exhibit "All attached hereto and made apart l1ereof for all purposes; and WHEREAS I the City of College Station has requested Homestead Savings Association of Texas to subordinate itslientothE= easement of the City of College Station and Homeste'ad Savings Asso(~iation of Texas is agreeable to such subordination. NOW,THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That Homestead Savings Association of Texas by and through its duly (~uthorized President, the undersigned, for the sum of TEN AND NO/lOCI ($10. 00) DOLLARS and other good ..andvaluableconsideration, the J:'eceipt of which i.,sherebyac~nowledged,doesherebyagree to subordinate and make.... .inferior.... ..its. Deed of...........Trust...............from.... South Highway 6 'Joint. Venture to "".. WilliamsF.PhilliPSrJ~., Trustee, recorded in Volume 998, Page 200 'of the Official"Records ofBrazosCounty,TexasanCl<the liens. therein in! 1';/ '"', c; ,.,t"'c 7..' r.J.' \....) :.,1;'" _', ',_,4 ~ .1..'~ _ ~.~'.,:, l .,. ......Ji " created to that certain easement dated theYw day of . /f/ ;/;tj:~k/'I l 1987, granted to the Cityo'f College Station, Brazos County, Texas, by South Highway, 6 Joint Venture on, over and across the property described on Exhibit "A" attached hereto and made a par"t: hereof for all purposes. recorded under County Clerk's File #1 in the Official Records of BrazosCounty,Texas. Provided ]however, any provisions contained herein to the contrary notwithstanding, it is specifically understood and acknowledged that Homestead Savings. Association of Texas is s."ubordinating, its Deed of Trust and liens solely to said utility easement and the rights of the Ci t:V of College Station, Texas granted therein and not to any other person, persons or entities holding any lien, deeds of trust, security intel:est, or any , 1987. THE STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the 14th day of October ,1987, by WILLIAM F. PHILLIPS, JR., President of Homestead Savings Association of Texas , on behalf of saidcorporation and in the capacity therein stated. \/\\I'L-0C~... NOTARY'PUa The State /3'" .- , ! ,~' '{. ;0'-).-1... '~Y'-\ .Jt:.....-'-..-J , C in and 'fox; f Texas My Commission expires: ~1~ ~:r. 9/ ,Y"'" .. ./ -,~.' )-" ; - ? .., i L~ ,~~r [) 0/ 0 If?' I) .(} 0' vVU'v';"" C. \' 5" .', C'.l\ :50 \jti10 1, r ~'l ' THE STATE OF TEXAS UTILITY" 'EASEMENT (Specific Property) COUNTY OF BRAZOS That, SOUTH HIGHWAY ,". 6 JOINT VENTURE, ",a Texas , Join't Venture, acting by and through its Managing Joint Venture Member" DAVID R. BOLTON, ,of "",t.he, ',,' ,County",. ",of Brazos, ',,' State of " Texas", fc)r and in con7iderationofthe<paymentofTENANDNOllOODOLLARS,.andother good andvaluableconsidera.tion,inhandpaid.toGRANTORby t11eCITY ,OF COLLEGE STATION ,'l'EXAS,'tthe receiptofwh.ich :is her~py acknowledged, has ,GRANTED ,SOJ-lDandCONVEYED andbythese>present s d.oe s G:EtANT, SELL, and CONVEY unto the said CITY OF 'COLLEGE,STATION, a Texas Municipal Corporation ,certain rights and interests in .the nature of' cl perpetual EASEMENT on and through the fol16wingdescribed property: All that certainO. 780 acre (33,956 square feet) tract. or parcel of land, lying and being situated in the Robert Stevenson League, Abstract No .54, Colleg.e Station, Brazos County, Texas,. and being a portion of Barron Park Subdivision, as shown bypla.t recorded in Volume 939, Page 209, of the Official Records of Brazos County, Texas; provided, however I,thatthisconvey.anceshall grant the rights herein specified only as to that portion of the above described property more particularly described by course, width, and centerline on the attached Exhibit" A ",known as the "Easement Area ",an~ any addi tional area outside the easement area necessary to install 'clnd attach equipment, guy wires, and anchors necessary and incident to the uses of the Easement" Area. To erect, construct, install, and thereafter use, operate, inspect, repair t maintain,reconstruct j modify, and remove the follovting: Electric transmission and distribution lines for local service; Water Lines and sanitary sewer lines ,connecting line.s, access facilities,a~d relatedequipmenti Storm sewers and collection facilities; Television, telephone, andcomruunications lines; Drainage ditches, drainage pipes and all other drainage structures, surface and subsurface; upon,.. over,9.nd acros5sa:idprbpe:rty ash.~reindescribed and any ways , streets,roads,or alle)Tsabui;tingsame~andtocut,trimand control tl1egJ;'owth oftreesand6ther vegetationorrand in the easement area or on adjoiningpropertyofGRANTOR,whichmightinterfex"ewith or threaten the. op~ration.. and . maintenance of. any public . utility equipment ,ac=cesso:r:ies,. or ..operatioIls. . It is understood and agreed that anyandallequipmentandfacili.tiesplacedupon said .;, property shall remain theproperty>ofGRAN'l?EE. ~.. GRANTOR expressly subordinates all . rights bf surface . use incident to ,the ,mineral estate to the. above described uses of said surface by GRANTEE, ,and agrees to lender '5; subordinations on behalf of GRANTEE upon request. All ()ftheoil ,'gas and other minerals in and under the easement area maybe produced from the above property, provided Grantee' s 'use of the easement area is not disturbed. :]' ,','< \,""'" ~{ {'4 (1 ,', , .. ':: \ ..., ;"It r'r ,"\.'~~ ! , " : " ,(, , !, . I I ,.', .', .~' , , , t ../' :\.. '\}- ........ ......;. ~ ~ It is expressly understood that the GRANTOR or future Owrrers of this property reserve the right to use this EASEMENT for all purposes which do not interfere with or prevent its use by the' GRANTEE. TO HAVE AND TO HOLD the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its successors a:nd assigns, forever, andGRANTORdoes.he:rebybind itself, its successors and assigns ,towarrantand.fo:reverdefend, al.landsingular, 1:hese rights and interests unto the CITY OF COLLEGE STATtON ,TEXAS, and its successors and assigns, against every person whomsoever lawfully claiming, . or to claim same, or any part thereof by through or under him but not otherwise. ProvJ..ded however, 'shou.ld Grantee , its successors or assigns, cease to operate said pipelines on said right-af-way, 'or should Grantee abandon the useandoperat.ion of said pipelines upon, over or across the aforesaid property, and. such abandonment shall be for a continuous period of, twelve (12 ) months, then all:rights , and the rights ofuseherein:grantedit thereupon shall cease and be terminated, and any title held to such property by the Grantee,G:rantee',~ successors and assigns herein, shall automatically revert back to the Grantor, Grantor's successors and assigns. EXECUTED this t1;tl day of ft'. VENTURE R. Bolton, Managing Venture Membex' APPROVED AS. TO' ','FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE-SUBMISSION FOR. APPROVAL. STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS T,', h}"'I"/"'!':'_~""" ~,',0r'~,.~,r,,',',..,~, m,,_.. ,.', e, n,'",.,t" was/J$,tnowledged before me on the )>ttL day of {J.{..r~t::S:::.~ I 19..l2-, by DAVID R. BOLTON, Managing Joint Venture Member of South Highway 6 Joint Venture, a Texas Joint'J'enture, on be.half of said joint venture and in th.e capacity therein stated. 41~~~~~~~\ Kay gfli1~n \,t~, ~0,~, ~ v/,'ti t, " c,.t;,...,n,',t~.il.""i".,~,~".,.,', 8"""",i, "o"",.",tl".",8, ,.,x, ""..p",'",,., ire.I"",',~, 2,,,,,.,',1, 2"" .,.,' 8..",,',,9 ",.~,.,,---", ',r'~3i, -?" ~, ' ,""J""J, .' ,. ,. ~ (-- 0 f "{"~ , -~""P!.~ z7.~' Wl/~ .tZ5tX~~/~ Notar Pblic l.n and or theState.ofT EX AS Printedl'1ame: My "Comln.Exp. '1 ," ;.) r~ . ,'.. "7'(-l'~~ . I 0' : " , \ '",,.., I f" r' .l. Ii l"_,,, ,L ...'.._ \,' '.. .;.' ~ , ~ ~t_.~.:l.. ".', ~,...,;'~:~..L