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8WOS OUNTYABSTWWW
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON;
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLONVWC
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LIC91i ~ R•
PARTIAL RELEASE
(DRAINAGE BASEMEN I~ iir s~eL R_' FN '1J
STATE OF TEXAS
COUNTY OF BRAZOS §
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WHEREAS, by instrument dated December 11, 1996, filed April"11 4997, and recorded
at Volume 2814, Page 284 of the Official Public Records of Brazos County, Texas (the
"Easement Agreement"), Jim Sowell Construction Co., Inc., a Texas corporation (the "Ori' lal
Grantee"), acquired an easement (the "Easement") for drainage, and related uses on, over, across,
under, and/or through that certain tract of land containing 8.74 acres, more or less, lying in the
Richard Carter Survey, Abstract No. 8, Brazos County, Texas (the "Easement Area"), more
particularly described in the Easement Agreement, for the benefit of that certain 145-acre tract of
land (the `Benefited Properh~') acquired by the Original Grantee by deed dated July 29, 1996,
and recorded at Volume 2653, Page 316, of Official Public Records of Brazos County, Texas;
and
WHEREAS, the Original Grantee has conveyed its interest in and to the Benefited
Property to third parties, including its affiliated entity JSCP Partners, L.P., a Texas limited
partnership ("JSCP" and
WHEREAS, Timothy R. Ware and wife, Frances I. Ware have acquired, by deed
recorded at Volume 8330, Page 92, Official Public Records of Brazos County, Texas, a certain
tract of land containing approximately 1.371 acres described therein (the "Ware Tract" a
portion of which is encumbered by the Easement; and
WHEREAS, a development has been proposed on the Ware Tract, and a professional
engineering opinion has been presented indicating that a portion of the Easement Area that is
within the Ware Tract may be released without causing harm to the Benefited Property;
WHEREAS, in reliance upon said professional engineering opinion, JSCP is willing to
release a portion of the Easement Area,
PARTIAL RELEASE OF DRAINAGE EASEMENT PAGE 1 OF 2
K-Wniversity 145\Par--Rel-Drag-Esmt-l
RA4?-?54
NOW THEREFOl.i:, inconsideration of Ten and No/100 L,ollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, JSCP,
successor to Jim Sowell Construction Co., Inc., hereby releases unto the present owners of
record, their heirs, executors, successors, and assigns, any and all right, title and interest it has by
virtue of the Easement Agreement in and to that portion of the Easement Area that is within the
Ware Tract SAVE AND EXCEPT the 4,965-square foot (20.38 feet x 248.24 feet) portion of
the Ware Tract and Easement Area that is described by metes and bounds on Exhibit "All and
depicted by sketch shown on Exhibit 'IB,' both as attached hereto and incorporated herein by
reference for all purposes, No other portion of the Easement Area is released hereby, and the
Easement shall continue in full force and effect over and across the portion of the Ware Tract
described on Exhibit "A" attached hereto.
Witness the execution hereof this 30" day of January, 2008.
JSCP PARTNERS, L.P., a Texas limited partnership
By: JAMES E. SOWELL COMPANY, a Texas
corporation, its General Partner
By:
Name:
tteph eL. ro
6,
Title: ec ive V President
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the 5i97day of January, 2008, by
Stephen L. Brown, Executive Vice President of James E. Sowell Company, a Texas corporation,
on behalf of said corporation in its capacity as General Partner of JSCP Partners, L-P., a Texas
limited partnership.
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MY COMMISSM UPIRES
Jp►wary 9f, 20f t
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Notary Public, State of Texas
PARTIAL RELEASE OF DRAINAGE EASEMENT
K:\University 1451Par-Re1-Dmg-Esmt-1
PAGE 2 OF 2
METES AND BO LINDS DESCRIPTION
OF A
4965 SQUARE FOOT TRACT
RICHARD CARTER LEAGUE, A-8
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND
BEING SITUATED IN THE RICHARD CARTER LEAGUE, ABSTRACT NO. 8, . COLLEGE STATION, BRAZOS
COUNTY, TEXAS. SAID TRACT BEING A PORTION OF A CALLED 1.371 ACRE TRACT AS DESCRIBED BY A
DEED TO TIMOTHY R. WARE AND WIFE, FRANCES L WARE, RECORDED IN VOLUME 8330, PAGE 92 OF THE
OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8 INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF FM 60 (UNIVERSITY DRIVE)
MARKING THE WEST CORNER OF SAID 1".317 ACRE TRACT AND THE NORTH CORNER OF A CALLED 16.94
ACRE TRACT AS DESCRIBED BY A DEED TO M. J. TALK RECORDED IN VOLUME 2313, PAGE 152 OF THE
OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: N 51° 28'3 1 " E ALONG THE SOUTHEAST LINE OF FM 60 FOR A DISTANCE OF 20.38 FEET TO A
POINT MARKING THE NORTHEAST CORNER OF THIS HEREIN DESCRIBED TRACT, FORREFERENCE A 5/8
INCH IRON ROD FOUND MARKING THE NORTH CORNEROF SAID 1.371 ACRE TRACTBEARS: N 51'28'31 " E
FOR A DISTANCE OF 224.62 FEET;
THENCE. S 49° 32' 05" E THROUGH SAID 1371 ACRE TRACT, 20.00 FEET FROM AND PARALLEL TO THE
COMMON LINE OF SAID 1.371 ACRE TRACT AND SAID 16.94 ACRE TRACT, FORA DISTANCE OF 248.24 FEET
TO, A POINT ON THE COMMON LINE OF SAID 1.371 ACRE TRACT AND LOT 1, BLOCK 1, VETERAN'S PARK
AND ATHLETIC COMPLEX, ACCORDING TO THE PLAT RECORDED IN VOLUME 4168, PAGE 75 OF THE
OFFICIALPUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, FOR REFERENCE A 518 INCHIRONRODFOUND
MARKING THE EAST CORNER OF SAID 1.371 ACERE TRACT BEARS: N 51 ° 28'3 I"E FOR A DISTANCE OF
224.62 FEET;
THENCE: S 51'28131" W ALONG THE COMMON LINE OF SAID 1.371 ACRE TRACT AND LOT i FOR A
DISTANCE OF 20.38 FEET TO A 518 INCH IRON ROD FOUND ON TIIE NORTHEAST LINE OF SAID 16.94 ACRE
TRACT MARKING THE SOUTH CORNER OF SAID 1.371 ACRE TRACT;
THENCE: N 491 3210511 W ALONG HE COMMON LINE OF SAID 1,371 ACRE TRACT AND SAID 16.94 ACRE
TRACT FOR A DISTANCE OF 248.24 FEET TO THE POINT OF BEGMNNING CONTAR-UNG 4965 SQUARE FEET
OF LAND, MORE OR LESS, AS SURVEYED ON THE GROUND MAY, 2007. SEE PLAT PREPARED JANUARY,
2008, FOR MORE DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON THE PLAT
CALL BEARINGS OF VETERAN'S PARK AND ATHLETIC COMPLEX, 4168/75.
BRAD KERR
REGISTERED PROFESSIO
LAND SURVEYOR. No. 4 2
C:/WORK/.MAB/08-016 ' S, i• ,C+t r° . r
f{~ l
REVISED 01-25-0$
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