Loading...
HomeMy WebLinkAbout10-00500050- 00075460of ..t . ! .t F t • • e'"m td (Y•QO) -Rkf VD . ROUND FRlNTINO d, STATIONERY COMPANY : ;Wdh 610 Aura Fodbi PrwWon TEXAS STANDARD FORM = FANNiN, HOUSTON. TEW fmm (1t)t nti4)'S 526487 OIL, GAS AND MINERAL ;IrVAWpI, 2.35 Tills AGREEMENT nude thb 3rd d.Y of May , _ _ . r ... __.. (P , barxn Isssor Iwhehet one or more), wbyu utdtru b: v avr, » o v �.vraa.=,ur, � sna ...� an d C. O'L CO :POAA't'ION , lstree, WTTNCSSM: 3. t.uwq fa mtbkntbn d Oofkn, rasiq d whieh'1[bertby acWw�p�d,udo[Rww.smnu and sgtmn, ccntr lout GttslmRermaulnd, flora Mn:qty ¢rant.tass aW l :r woo June the Wdoo,osd bereby for des: puryosa sW wltlr lac ncciwlrc rich: daplotwg, duilicg, tNdng artd opcnUap br, producing aW olrNag oii, Tu, sulphur bil,mrnuodenod``. mgetAcr with Use ngN b nuke w�e7r n satd lard. try PlPe l,oa, . mn•ir� wadi and brkgu, dIg oatl4 buUd tatki, per+er [nllou, nlrphox lino, awpWw +J,ww...aSN►aNNwa+naon raid lW. ereu+vYOrwelui In luuec oV<ndou In e:plorinF, dullin¢ N:, Pmdocltg• treulni, rmrkg and Vampou}nr rnixuis produced fian Use ltW soremd l+ereb/ ^..".' -• - -• - . The land eovcmd tremby, oernn ulid'Wd twd ; is baud in Ne Ceunry of Rt' 2205 ' r 1 � .¢'W��G J �• "PGs T9. � , and b deuubcd a mllwn: SEE EXHIBIT "Er` ATTACHED HERETO AND MADE A PART HEREOF. saao ' . - !.afar {giCet b aceua any wppitmmul ictien -ai rtquuud b) lane fora mom Wmplm ar tocunu = -!mid land. For lac puryorc ddeucNNnj d,e anwum d wry boner ar ocher pgocU hrrorodcr, old land thdt be d=W In mnW n (; 1 7 d um, whtWr aautJiY mduwlnt mom .1 1-, a A the ab— mint of army In any U= dull be decreed m Ix ik we aerate Ihertof. W rm u pu W r.— u lump scan mmidcn'don tar W, Maw and .31 r(ihts and ogfom heteuadrt, ' T. lldw a000crtermWud orlor>sv Jxplw forcetudaathsrpmvidomhamo!, Wsletra.hsll nnuln fort term otsen;i9)yan rom u coo.. ,NTnr� dW priaM Weer aced" keg thcrtsikr u opmdoa4 u herduRer dduxd, are mrdumW open"Uod with en tssutwn for nw: c Uun ninety OW mtutavli + 4M• 7. As toydq, itaue casnenu and r¢IOts: Iq To deUm b Ike atdil d lnwn w du Pko Ilm m whirl, leata mfr ,»onto iv wCD4 o e, oil produced ud rnsd by le..ce imm old urd. or fmm Wm to tbne. u Uw opion d lass, w pry lcswr ibe wart potud nttrf t puts d suck mraLlt.1R Mn _wc oU u cis xW u dtbe tiq it sun b tM ire Ilse or Wnge unlr, fcuo:Y intent, is either au, m bar f du mu d uaUnx oil w fader It p'oe 22Y line oU; (D) Ta ply Wfor an gas and cufnpa iu prod od from acid iced (l) wkn wld bJ lento, ensweAN oC�' lac asJl, sr (T) wear oud by Isssa oft old 4od or is !hc rmnuttcoare d gawl;oc or odcr produceb. Ne mutetY•a w 7,Rug rK T W a.ruihad Wu tc)'Ib pry letror on di t4kr mkwlWs ogr aW mauetd or vUllud M la.et fmm said Wd, onctenw clUw In kIW or vduc it art we infers ckdioc, s..rtpt tbat as rulpher ndnod red trwkeud Use royalty {hall be on dollu (11,00) per 1m; tan. 11, u Use upintioo d Urc PrwAU tent or a try time m times 1hert1 w, done G try usU On W d led or an WWr wFth wbkb sild Mud or arty portion ine vof u been pooled, apabied producing oil or ru, and t:l swb wells ere tlwt•N, ddr lore JW!, aevusl,clets, mnwnrc b fora u thauph oprnlbm went being mnducud on Wd laced for w lost u Wd ws11r am klut•wu. and Ua:rcafla W s lase mry W modnned w fora u If m fhuow had aavrtd. [caret comruats and ei�r m use rawmblc d'dlgo m modr'1 rrrUhq or _1 41, rnluW r apabk o(king prvduod I.. old welt, W t w Use eurdse d ruck diligence, Icssm flvll Tim W obOpud m iarrsl or Nm4h hd Net tRle7 flan caul ! rdlacz and ordiury Jests law= d fbw Tina. sepusbr , sad I_ uak, and full W, bo rerrulmd u salt; lrbor umbk ar b rrwka pt upon uerma u - -puble m I— V. to aq tint or fur o aha the aPintion d the rfmary ucm..11 such wsi4a ahut•w[ors Raiod of nlocry.» muutiaday.. W during tuck drre:rmmam mopsntionfon Wd Wed ,thmarorbetom tae apinrlon of W d Naety dry pcnad, terra rbtU {qv m tender, by d.otk ar dnfl of ksfa. u mjtlry, a cant �nri W OK Q011ar Ii(.00) for cub um d iY,d then toRRd tarcbJ. (tarn tbaJi to+ke fat P+y u or tmdcn k or bdoro rho end d e.h anNverury d tat uplrailan o£ Wd t4ecy city ptuad 1[ upon rue), anninrrtry Uils !we N Mot worm uvd in to_ wkly by nawa a0. P_Wam d tW pangupF W such paymat or cadet shtU be rude b Uu Rolla who i! we time of paymcm would to milled u —k th. aoyalrin whkb weld be p.ld under W. lone If rbr -14 ware p,odvcirt. -W m7 bo dspoitud In the Bank at - .misses wn.wbkhOWI weddow u thedetmiiouet. rtpnuul dduntn In On wneNuPofAbut-in rcYalq. I! u try tic Wt iron payf ar ;Mtn thw m w a ry, sew or mom panbf art, or eulm in bc, .1101d w rw lro urnc, tn.c mq, b luu of _y other .101.d d psraKa hcrtw latd,pgorredcr sue4.hue torga)ry,wtacrrunncr at,werpaifird. elurrJoiodYmruchpsrdamfcpaauJymaeh saaN+aa wSU,Neirtapoctfwoveoc ip+ lu . tt lefsea mq slat. Roy pryruml Jrre,mda mry be code bJ ebect ar Galt d lasm depu,ud to Ne nWt ar ddkwW m Urc tarty entitled w reacts pry or m a depottmry bent Ided for abets on er bW ce U+c Iaft du for p yrrcat. Norhteg 6rsda dtaU UnPttr Iurai utht w rtlau a prwidat to pwamph S hereof. le the am d wlgamrnt dtar tusofn wholeor In ryrr, lbbillry Wr pryrneu brreuader rhtit rat aa•.VwUs1Y on tnt U,m warror wxnof W r Iaae, revew )y u u _r-o+'tw! kv nub. 4. lasaee lr bns!! iranted ton uiN, at in option. b pool ar uoiUra arty lard wrcrod h Ueda late wlw sty oScr laud meered by rat. I— ardla• wYth any ocher rod. lose. ar low. u m try or all mint W. or Mrimm, w u m aubl4b uNU mouWnr Tice overt d,rn g0 furfaa eta, Ctw JO% aasuge mitarmet; pm+fdai, bcaae, now .. met }A atiblirhsd u b ley ene or avert 6ouwu, or etinh,t until nrq tw edarRar u m aw oro w fmm I,orlmar, w L b mmdo net nor, ttua 6w durum tea Ciw tU% micnrce, IflLolledmoneoraamdlM tolloalog :(1) pt, oWerWufairWl, r dpr(T >Ilould trytUOcubons( mndmrtte )%Wch ere not llquldr to the wbwrtave . ractw4, ntwenls pmdvced fmm welt elwlfwd u W wsJd try toe mnutnUon agcrrry twine lurkrdictfon. If ttrgsr unto sun arty er Uwu I,— percdned, cither u rat linen IiU,d,oraHcr as mqulmd tudcrsey sroc,orul rulcorordtr, br Use t orope tw�o,{wsllua ngclu lowiere lmobum"=Lin— dlvnhkfromany cacti p be d IW, drUlki• or dmJy drii icy rota tW t mry bt euabilrhed m eolargLd m mo[orm m tae the id by wca tvsmmenW order or wee. lc+tea snit usuclre old Rtion u m aua dnimd writ b� aecuUai to h,wurnw WadJfYwt such uW! trd tlMi U !or remA fn the pubLLe own In which NU lease L rtmnlod. PJdI Tit Paid opuom coq be aaelicd M 1[asee 4 coy dmt tad flml rrme w tint whLa IhI. {v1C rf rn ranq tM 0.0- bden or trier priiiuG'10n M = crtsbu hw dibe on the po r on Wd tad, m nimr of" IOW Included in 0e unit, or on other Iand unA(md rbeewfU,, A uNt ssub14W hcmmirr dull be valid tend dr. r (er u od = d tar of m e+rn taevxh r td mry be rdxrd, d. for ar irasehdd tnwan w {u1s W *f the traitV m m rot dlaN WY pool+d or tatuttd. Any opmUom owrdvnrd on Dot of such unitlrnt lard tNU be caaddcrtd. far all pu.•posa. aocpt r6c psyvenr of rvNry� opt r+tbm � vpce W d seed vada chic 1 Them } shill be alloarm b tae t[Td LaKmd t'y NIl ICISC Wifaln Odl were Vnir (Or m NtL reptritt rrter w {ib{n the ONI It thU {aw raven reporru ulcer wrdun the unlU Um propo+UOn d the tail 9 Qa d uaiUttd minenl[ fmm Use troll, after let fury used w lease or vdt ope: Warr, whkb We number d sucker era w weld cad (or in pa web . u.1) —.cd bl this (cue wINb Lt. unit bean w Uz t&Al camber a arbor acres In the ud:, and the produolm w W owed radii be amridaod for all purymer, ¢pule u 't rxludID.t prlmsvt ar leery d rgalry, omudlni m,a17 +W +oY ours WYE wt of produabn, m be the a g. produalon of aUeod .1-W. !roes nee rand u w•bW j 'tlloand 1a the rams cuamtr a tnwih gadwd laerd'on, under Lm tawr of tbu irau. TLa wruu of L14 matburY emu of espy' tern mrairy m adoaal atrtt tpeet Um . thka ,W of rmnhla ppuu�at� to 043 PutYtph croftbd•la MI)Ucr forma well m the anal thaU utWy arty holwilm of wmr.Tobm unbn doll or P, Tbc totwWOc ot"yurLt,cmwduwblcb b,dudn tad rm ­d trf thk law sWI one lrreibe cOea dtr�r 4 m asu@rriAll nay tnueut undo lwe(beludlnt. wUbaw limimbe. alp' thw -3n ry Whitt, utxy baomc p'rysble lode: UJt Lou) bcc Runlet WUW (ow Cn ]tad cm bY thtr lase tW pink. Q N farernu is Und net eaxred b- thus lass. lldther tIW l It 3mpaU lac nrru d farm to mleua u Pwrlae.' u+ ptrtgnpb 1 berm!, uaq t W Into rate net w f4CLto u w i:adr windn a unit whllt Nue fa.•o opwUom ihcrmn bf ufdtlu ur m d mwaw udw HI pooled law mlaseC u w Wile wlrhw the unit. At any time whit Gds ewe lr in torte Iwee mry dWd.e arty Ifattbae arm ao opvsUOm arc II) uNtesub341,ed hertUtvla by fir'mi brrooard in tae pablL^dRm whom Wrlase 4rcoordedtdac7arWenm'tar dta:. banj mstlunWthsrmo 1; ' - for ualdud odnera Sub}at m the pro isi m o. tb4 putgnph t. s unit ouoo aebltrhei baurer ! rdbah remdo to lima m 1.1 u try trot wbjoa o,uem caul ­I. In i ' ; bror. It tblr Mare sew• or irsaflcr tovur reParue n.cty ro poailni'ar u 11 tbn d royslry In u beuwvm LEY web anu up roar is intended m thtU be IMPI M or restrU merely lrom ttu ln:lmloodtueh cepanw traenalUim thitkau Wl Woe duti r,e•ertagwbtrh tba film to pmlar uddre u pro +tad in Udspxngrtph / wtmmurequeni t l t alloxdon d Prod,raton u hereby Pvrided. As used k Wt p.rsinph a; t!u wrdr'.epanrs texer' tmao arp end with roJ+lr!' ­4 dRUtni,,mw or hereafter. athrr u to puda m amm u. fmm tau a in nay Mhv put d the fared pmnirti - . . oiq• u .7 it— a 1 (­ Urm b t)aie o k we'd &.11m m later ar Ide for ineord a relate or rdca of this Iau u to wy put or All of and Wd l W of mioud or horume ibcrwade.•, end . iaasby be rdfe+ed d d) obllpdoae, u to Uw mJrued tareage or hwvrec f !'Wi+auvst tad Wthu {nuthe wN'opcndou'{haU bread dthe Wlowlugc a drttUnL 6. mnDlee(ot.m e. p e� ec mmpf Oi l.. hf • plug¢4rg h. ek or repd1191 awsU In sash for or in mwda+ proWetbn td�,gts, Whm crather aents.aanUojemlae. prodnabo dot. pr, w3pbur i !r 1 w orM,a mlmnl, wMlArorMwt in PO'iat gWntl!ka• ! i m@ { r o ..,, -... till' '!•��: a• i . 7. ]crux stall la,c the wc, fRC fmm m}alry, of aster, olrur Iran bona liuet'i water wtils, and d off and W prwluetd from Wd lard in H3 operat(oro Aemlrtder. l.uue shall hive the Hght u iW' Hme m RmPe t1I nucAlnery and f atVtex pywl vn µid ih yml, inciuding the HgM to draw nu.' rrmwx urlag. Na well shill ho dH!Ird nurtr sn300 fort lau We w baroowoo uidlnrJ withoVl tAecoauntorUxldwr, teuee shalt prY(or &m 8300xed by luopenti— rognwutq'op, We limber on Wd I". g. 7trc rtthu and Cf4k d any p �attty�• herpo mq h sxriyrxd from Iimc m tlmc u wMle or in pan aM u m an minenl or horyort. AR d the eprtranu, obilgdoos. andawfdcndamdthixlare shHl eamndw µ,dbe >lndkY neon HU purlu hrRm;theb lr: in, roxeswn. wrpsnr, uW wemrivt srH ss. No th.eepv rdl'Won [n the worn ship dsaL! Wd, royrlues, or odxr monrys, ar any pan Ncmof, howsoercr dkcrod, mull Increue lAe obilyxlonr o: diminirh Iht H Mlpxa, Ixluding, hVt rot tlmlud m, tJx toaHon enddrflllny d weNa and the mtuurcmrm ofproduclbn. N-1ft xndioy my o;hcr trout prcon Wunivt knoalcdpe er egtla Uandd orq Iclstt, Iu saecawn or tµl;.u, m durae or dlvhlon fn Ne meMiy d Wd Imd or o! the royslleu, pr aACr moncyr, or Us Hpht m eccdxc (hc acme, AowYOrvrr Hla+td, xAxll be badkg upon Ne tAre rzod ownn d W r (case mnl Wiry {38 days aver tAcR b.r been fur,drAd b rush accord owrxr st by or Ur prio;lpH pyre of buHnea try laver m lelwr'a hcln rvaewn, or auigm, rgdtt d wch ehavpe or dirirlon, Wpwnat M edHxr pHphuy or duly etnlaed oopiµ of Uu Intteue>ems which ha+e lxea prtooppee filed for rmord tort whkh erldmm such pLnpe or divyfon, and d rueA court raaNa and procttduas. trvueripu, m oNsr dowmrnu u a} 11 be nesaaary In Ne opidon ar curb retard wam t tvnidal or aher alsy dt verb c)uisgo or dlrixlan. if arty rvcA rksnce In wa-nnl oavn q traron p' (iR deith of n5e oxncr, no Mdus pry or terder such moreys, or pan @ered, W the elcdit o! the cm In a deymPwry htnk prorldW far tbonc. !Y 9. fa 18e exsnt fu.r wm(den Hat laaee hux not evmpl)W with all lu obllgatblu hercundcr. GuA npRU arc] impliod, icuor Hull ndif=111 wHdng. µtong out s lLnLy N whit rupau luue lus brtaehed IAy emtratt. tuxee ahan thcn hm xixry 5607 dsYa !Rev receipt of µId notice within w.6 memntocc Io mrq UI or µry ptn of ttw bruclK.7 dleytd M lover. TM lerrke of µ1d rKKitt xFuH be pRaedcnt b da bnn`ing o(say salvo by Juror on 1ho J uid I— (or arry auxe, and no wch j,• ' allon shall be btoutAr undl IAc yprc o7 Huy (t0) days a(ler srnim d wCA notice on Inrrc. Nehher tAc srnke of aald notice rnr olnO d arty scu i� let+m aimtd io � mmaWgaytl ar ury d Ne allege) brprka sNfi De deemed m Wmuxlon or ppRSnmptioa TAU (cum lax fsikd W pcHprm al4 lu ob)fp()ons hem,Mer. If th)x eµe b pncHlrA i IV,.aD(t u e ,D �nl rcmalrt In (ortt and sffax as m (i) sufllciem acre:3�i erwnd each well as w wNch Then tR open+ioru to co. I' s dHl11m r muimum pp' hvrtmmenni Rguyllau. Rut !n no evsm ku dan rorty acxesJ, wrb screitc m bt deslgmkd DY lewt u nearly u pnciirabit o b du roan i da W'wt xrv�r>d al the wHl, o: in soeh af u a :iuing sparing mlex requlR; and (rl .7 pan of uid land 11'cl dal in a P.).1 VAR on whkh Ih. arc oporvloeu, Leesee Hall also Rave such wmrnu an W d tan! µ arc rixeaµry m afenuprx on the .—jr. a ttutnW. I0. , Itasi>ft rIg7W tmt lnkmtt Aanmdcr sMl) be tl,srped ppHm+H1y with W montagtr. uses or oihor tkm, or inurtu and ptlur ebrgu m uid y W, but n >or epaua ]tat tesree ahan have the Aght n my time w pry or red,tae µme (or lesmr, eiuRr td.. afln m Mly. sod D: rubrof wl ro ft Hghu of tr�� )alder thrrml and to deduct omounn ro {a!d from nyyssltin or atha prynxpu pryaWe or which nary beceme Wya b kawr tndlor usi fns under lhrs I— ble If Nis tau w— s tar Inunst )n the oil, C+ tutphur, or oiArr ndnenis In ttl or any part of old land Wn do mHm arc1 undivided Ire simple eves (wAnhcr IeuorY Intcmt it heRin .*Irw . rot or m leaner UrRln, Mm dw nryndca and other moncyr .eerulna fmn tfry C Wit u m w1k1 fl Icau eorcn Ins dun wch lull inurnt, shsf3 h paid only in IAC p+opordun wMcM1 the takn:rl thertin, it srty, emend ]hit lease, Don rn We whole and U14" k. lee slmpie eikk thcRin. Ai! rorilry WeRri eo em! M' thlr levee {wheHxr as rwr woof M kswrl rhea be paid .1 or the wy�atq heue(n prmded. Tbis caµ Dull be biMbrg upon etcA puny wtw camas it wbhaul rtrgatd m wMtAer 11 k etxcvud q' atl Hmµ namW MRin at (nsor. t t. if, whlk tlds laµ Ice (n tone, tt, or slur the npimlon of rta ptims arm hemp(, it ix rot belay wntlnned in forte h Ra.n of Nc shut•In well prmirbro o! oanlnpA ] heRpt, tad lessee is namdonmg opentlom on W d and Dy raven of (O arrpp� �w, order, ode or reguLllon, ( whither or not wbxequcnity dekmdnod (p De lmilld) x (2)arry othet whithersimlyrwdurimlyr.(n ttpx fsrancyltbryond nc�rarorubleoomml oflesret. the prlrtury unit 1uRO(ilu1F W entendcd um31 the Rntam)rcrurryy yu he+rdoxvRing ninay {90)or rrwredM following the mnrntl of _ d' a ..... t On. lea. nary Ix uundpl H,croher 6/ opcwL— a Ir wch &Igh d m1 oxurrW, IN WITNESS WHEREOF. Ibis Imuvmenl fa c=ncd on th, dau nnl abmc wrilun• SEE rIIM ADDE=M AT== HERESO AS f.?' MMIT n An FOR PARAGRAPHS 12 M:KXM 30. f: STATE OF " wuc,emtnT COUNTY OF This instrument was acknow ed before me on the day of 1 9 by Nervy Public, sale of 7hx Notuy's name (prinkd): Notvys wmmhxlon STATE OF ACKNOWLEDGE 1ENr I COUNTY OF This instrument was acknowledged before me on the da rf i9 by Noury Nt`lk. Su¢ of T r• , • Noury's name (punted); STATE OF NouryY rommhsfon npimx; Co RATE ACKNOWLEDGMENT COUNTY OF This ingrantent was owledged before me on the day of l9 b y or a cowntion. on behalf of said coWntion.• . _ .., .. Nom 1Spriendi� .•. .. NwuyY toxhretu10 apirex YO:�S�� � . , • eft IF ' .. - ',(. '. - .•lice. �r. Y..�(.r �•� \: v .., .... -. -. :.i•::;^..- 11:�„Cj.ie) �p jn: � "i t :i(,• :..y •7 .. i Y i Exhibit "All Addendum Attached to and Made a Part of that one Certain oil and Gas Lease Prom the City of College Station, as Lessor To INCO O IL CORPOR ATION as Lessee, dated May 3 , 1993, covering 9.74 acres in the MORGAN RECTOR League, Brazos County, Texas. The following agreements and provisions shall supersede and govern the provisions in the printed form text of this Lease to the contrary, and shall inure to the benefit of, and be binding upon the parties hereto and their respective successors and assigns: 12. Notwithstanding anything in this Lease to the contrary, but subject to paragraph 20 hereof, and in addition to, but not in substitution for, the Lessee's rights under said paragraph 4 hereof, to pool or unitize any land covered by this Lease with other land covered by this Lease and /or with any other land, lease or leases, at any time either before or after the commence- ment of operations or completion of the well as a producer of oil and /or gas, whenever Lessee in the exercise of its own discretion deems it necessary or proper to do so in order to prudently develop or operate the leased premises through the operations for and /or production from a well (or wells) having a horizontal drainhole as that term is hereinafter defined, provided that units for a well (or wells) having a horizontal drainhole shall be limited to the smallest unit size required, prescribed or per- mitted by the Railroad Commission, but said unit should not be limited in size to restrict the ability of the Lessee to obtain the maximum allowable relative to the capability of the well or wells drilled; however, in the event that field rules for wells having horizontal drainholes have been applied for, but not issued at the expiration of the primary term or at the end of any continuous drilling operations as set forth herein below, whichever is the later date, so as to contain not more than 320 acres, plus an acreage tolerance of 10 percent, and units pooled for the production of gas from horizontal drainholes may be established so as to contain not more than 640 acres, plus an acreage tolerance of to percent, provided further that should larger units for such wells, either at the time established, or after enlargement, be required, prescribed, or permitted, by any governmental authority having jurisdiction, Lessee shall have the right, at its option, to form a unit for a well having a horizon- tal drainhole so as to conform to such well spacing pattern. However, in the event field rules for wells having horizontal drainholes be adopted which require lose acreage for full allow- able than set forth above, Lessee will within six (6) months amend the unit or units to contain the amount of acreage permit- ted or prescribed in said field rules, and if this Lease is past the primary term as set forth herein Lessee shall a) commence actual drilling operations of an additional well on the leased premises or on an acreage pooled therewith, and thereafter shall drill additional wells with no more than six (6) months between the date of completion of a well as a producer of oil and /or gas or the abandonment of a well as a dry hole and the commencement of actual drilling operations of additional wells until such time as all the leased premises have been included in a pooled unit or as maintained under the provisions of paragraph 4 as set forth herein, or b) release said acreage lying outside of the amended unit. Lessee's exercise of its pooling rights under this paragraph 12 in one or more instances shall not exhaust such rights -here- under, and Lessee shall have the, continuing and recurring right, but not the obligation to revise -or modify any unit formed here- under for a well having a horizontal drainhole by expansion or 01 dUdaBbpnaladdendm3 .. /ontraction, t or both, a any time either before or after com e er 1 well mencement of operati ons Otol onform of to the density , order s, ermitted by any governmental of oil and/or gar., prescribed or p roductive spacing pattern authority having Jurisdiction, or to conform to any p such governmental authority. acreage determination made by any revision or modification, Lessee shall execute s In making any such a record able instrument identifying the revised or modified f pooled unit and shall orvcountiesnWheee the leased are records of the county ortion of the leased premises located. To the extent that any p ooled unit i or d the d that m the acreage o co ered this Lease and /or to extent such revised or modified unit represents a unit than included within different share of the total acreage committed to such m of such it did prior which royalties ssuchsunit rev o ortion of unit, the p P be adjusted accordingly (on a surface the are payable hereunder shall ) f the unit' r revi date of Es ion or modification Of u a horizontal As 'used in this paragraph 12 well having which the well i co mpleted nv l whi th e n in from vertical within theformati It is d 20 shall ex Lessee that the Provision of paragraph 4 and this paragraph 12 except be applicable to any unit formed under coflict of provsions to the extent that thf. thisiparagraphpl2aginpwhichacase0thenterms the Quern, in that with p of paragraph 20 and then this paragraph 12 shall g order. market Lessor's oil at a cash 13. Lessee shall purchase or the market value on the day of sale. price equal to initiate the payment of royalties 14, (a) Lessee shall within ninety (90) days following the production tto a id under this Lease pr emis e s deemed produced frays, w ithin of oil or gas royalties hall be said ninety (90) day commence to delinquent. Unless the failure of Lessee l title herein is due to a le royalty payments as provided the delay of royalty Owners in exec uting (but not and problem, i to Lessee appropriate title curativ r ornadd to this Lease f amend sion orders whose contents alter, r unde other circumsicteeesteon h delin- Agreemen or some of trol of � the mount e s Texas interest quent royalty at the pr rate of two percent P 0 annum i the highest - Bryan/ N.A., plus , wh ichever e receipt oflpaymentscon interest rate then permitted by law, following lated from thirty (30) days or gas by Lessee and continuing until the date After production of Oil the payment of royalties is initiated by Lessee. will be paid on a that royalty payments commence, royalty payments to descr P ena l t y monthly basis, su bj ec t p re vi ousl y u by for delays of payment which ma n r are affe ted c that i ,exist they adverselys the extent pendad only add dispute. Divisi on dthiswLeaseashall such title problem or not to, or amend any provisions or language in royalty payment, and any, pay- be used as a basis for suspending shall accrue interest as provided ments suspended for such reason above, (b) In the event Lessee shall be delinquent with any roY' h A gre e ment alty payment to Lessor under the to ms of 160 da s andsuch Hundred Eighty ) Y � for a period of more than one from circumstances reasonably u delinquency is due to or resulting within the control of Lessee, then Lessor shall h ysrwghttan (3o) terminate this Lease Agreement following Thirty the Land Manager of Lessee by certi- .: notice to the attention of default. Lessee shall have the 7" fied mail of such delinquency and by payment to. Less or of all delin- right to maintain the Lease t des r.eaed,a � m f' .89 is I A:G j quent sums and interest thereon before to the expiration of the 30th day following said notice. If such forfeiture is declared by Lessor, Lessee shall lose all its rights and estates under all producing acreage hereunder; however, forfeiture shall not relieve Lessee from its responsibility of paying accrued royal- ties and interest thereon, and) (c) Acceptance by Lessor of royalties which are past due shall not act as a waiver or estoppel of its right to receive or recover all interest due thereon under the provisions hereof unless the written acceptance or acknowledgment by Lessor to Lessee expressly so provides. Any tender or payment to Lessor of a sum less than the total amount due to Lessor hereunder which is made or intended to be made as an offer of settlement or accord and satisfaction by or on behalf of Lessee must be accompanied by a NOTICE OF SETTLEMENT OFFER, so denominated, addressed to Lessor: Any such offer of settlement submitted solely by the tender of a check containing language of settlement or accord and satisfaction printed or otherwise inserted thereon shall not be deemed an.offer of settlement or accord and satisfaction, unless preceded by such a NOTICE OF SETTLEMENT OFFER. Lessee shall pay all reasonable attorney's fees incurred by Lessor in connection with any lawsuit in which Lessor is successful in recovering any royalties or interest in terminating this Lease due to Lessee's failure to pay royalties within the period set forth herein. Lessor may, at Lessor's election, require accounting and payment of royalties to Lessor directly from the purchaser of production rather than from Lessee. 15. At the and of the primary term hereof, Lessee's right to maintain this Lease in force after the primary term by shut -in gas well payments hereunder shall not continue n . With one or more shut -in periods of more than one (1) y gg g regard to Lessee's right to maintain this Lease by shut -in pay- ments for recurring periods not to exceed one (1) year in the aggregate, it is intended by Lessor and Lessee that the provision of this paragraph 'will maintain this Lease in force in those situations where the shut -in of a well by Lessee results from situations beyond the reasonable control of Lessee, including, but not limited to (a) lack of market, (b) failure of any pur- chaser to take gas production or (c) shut -in as a result of Lessee's obligation to make -up overproduction under any applica- ble regulations. Lessee agrees that all gas produced from the leased premises that is not processed in a plant or plants from which products derived therefrom and the residue gas is ratably allocated to the leased premises for the payment of royalty shall, if economically feasible to do so before the same is sold or used for any purpose or transported from the leased premises, be passed through a conventional separator designed and operated to the effect the maximum economical recovery of liquids there- from and any and all of such liquids shall, for purpose of this Lease, be treated as oil for royalty payments. 16. If at the expiration of the primary term of this Lease the land herein which is not included in a unit formed around i) a well then being drilled, ii) an oil well then producing ng or being worked on, or iii) a.gas well then producing, g worked on or shut -in, shall be released from this Lease by Lessee. The unit size around each such well shall be restricted to the Small- ion unit necessary to receive a full proration allowable in accordance with the applicable field rules of the Railroad Com mission of Texas, and in the event no field rules .exist at the expiration of the primary term of this Lease, such unit size will be deemed to be forty (4 0) acres for an oil well and one hundred and sixty (160) acres for a gas well for any well not classified as having a horizontal drainhole, as defined in paragraph twelve (12) hereof; and for any well classified as having a horizontal drainhole, as defined in paragraph twelve (12) hereof, such unit size shall equal the pooled unit sizes as set 'forth for horizon- tal drainhole wells in paragraph twelve (12) hereof. dvaoUga0addandm3 -3 — ••• 4a�$51PU: 90 7� 0 quent sums and interest thereon before to the expiration of the 30th day following said notice. If such forfeiture is declared by Lessor, Lessee shall lose all its rights and estates under all producing acreage hereunder; however, forfeiture shall not relieve Lessee from its responsibility of paying accrued royal- ties and interest thereon, and) (c) Acceptance by Lessor of royalties which are past due shall not act as a waiver or estoppel of its right to receive or recover all interest due thereon under the provisions hereof unless the written acceptance or acknowledgment by Lessor to Lessee expressly so provides. Any tender or payment to Lessor of a sum less than the total amount due to Lessor hereunder which is made or intended to be made as an offer of settlement or accord and satisfaction by or on behalf of Lessee must be accompanied by a NOTICE OF SETTLEMENT OFFER, so denominated, addressed to Lessor: Any such offer of settlement submitted solely by the tender of a check containing language of settlement or accord and satisfaction printed or otherwise inserted thereon shall not be deemed an.offer of settlement or accord and satisfaction, unless preceded by such a NOTICE OF SETTLEMENT OFFER. Lessee shall pay all reasonable attorney's fees incurred by Lessor in connection with any lawsuit in which Lessor is successful in recovering any royalties or interest in terminating this Lease due to Lessee's failure to pay royalties within the period set forth herein. Lessor may, at Lessor's election, require accounting and payment of royalties to Lessor directly from the purchaser of production rather than from Lessee. 15. At the and of the primary term hereof, Lessee's right to maintain this Lease in force after the primary term by shut -in gas well payments hereunder shall not continue n . With one or more shut -in periods of more than one (1) y gg g regard to Lessee's right to maintain this Lease by shut -in pay- ments for recurring periods not to exceed one (1) year in the aggregate, it is intended by Lessor and Lessee that the provision of this paragraph 'will maintain this Lease in force in those situations where the shut -in of a well by Lessee results from situations beyond the reasonable control of Lessee, including, but not limited to (a) lack of market, (b) failure of any pur- chaser to take gas production or (c) shut -in as a result of Lessee's obligation to make -up overproduction under any applica- ble regulations. Lessee agrees that all gas produced from the leased premises that is not processed in a plant or plants from which products derived therefrom and the residue gas is ratably allocated to the leased premises for the payment of royalty shall, if economically feasible to do so before the same is sold or used for any purpose or transported from the leased premises, be passed through a conventional separator designed and operated to the effect the maximum economical recovery of liquids there- from and any and all of such liquids shall, for purpose of this Lease, be treated as oil for royalty payments. 16. If at the expiration of the primary term of this Lease the land herein which is not included in a unit formed around i) a well then being drilled, ii) an oil well then producing ng or being worked on, or iii) a.gas well then producing, g worked on or shut -in, shall be released from this Lease by Lessee. The unit size around each such well shall be restricted to the Small- ion unit necessary to receive a full proration allowable in accordance with the applicable field rules of the Railroad Com mission of Texas, and in the event no field rules .exist at the expiration of the primary term of this Lease, such unit size will be deemed to be forty (4 0) acres for an oil well and one hundred and sixty (160) acres for a gas well for any well not classified as having a horizontal drainhole, as defined in paragraph twelve (12) hereof; and for any well classified as having a horizontal drainhole, as defined in paragraph twelve (12) hereof, such unit size shall equal the pooled unit sizes as set 'forth for horizon- tal drainhole wells in paragraph twelve (12) hereof. dvaoUga0addandm3 -3 — ••• 4a�$51PU: 90 7� l r 17. if oil or gas is discovered upon the leased premises or y" acreage pooled therewith, then during any annual period commenc- ing with and computed from the completion date of the initial discovery well, the total royalty payments (including any shut -in payments) made to Lessor under this Lease amount to a sum which is less than Twenty -five and No /100 Dollars ($25.D0) per acre for the number of acres as to which this Lease is in force at the commencement of such annual period, then within sixty (60) days ' following the end of any such annual period, Lessee shall pay or tender to lessor or to Lessor's credit in the depository bank designated elsewhere in this Lease, a sum equal to the difference between the total period and the herein designated minimum amount E of Twenty -five and No /100 Dollars ($25.00) per acre, is. This Lease shall not be assigned in whole or in part by Lessee without the prior written consent of Lessor. Any assign- ment of this Lease in whole or in part without the prior written s consent of Lessor shall be void and of no force or effect. i I Notwithstanding any consent to any assignment of this Lease, in whole or in part, which may be granted from time to time by Lessor, no assignment by Lessee shall operate to diminish or release Lessee of any of Lessee's responsibilities and obliga- tions pursuant to this Lease. 19. This Lease covers and includes only oil and /or gas, which for all purposes of this Lease are defined as and are limited to, oil, gas, casinghead gas and other gaseous sub- stances, distillate, condensates and associated hydrocarbon sub- 1. stances and all by- products of the foregoing and such sulphur as is produced through the wellbore, necessarily with and incidental to the production of any of the foregoing. This Lease does not cover any other fissionable materials, iron ore, copper, lignite, coal or any materials of any type, it being understood this Lease + is made for oil and gas purposes only. 20. Notwithstanding anything in this Lease to the contrary and particularly notwithstanding paragraphs four (8) and twelve ` (12), Lessee's pooling of this Lease with other lands is hereby limited to the following conditions: 1• (1) For any well not classified as having a horizontal i �• drainhole, as defined in paragraph twelve (12) hereof, and being located on the leased premises, there shall j be no pooling with other lands and leases in which Lessor does not have an interest, until such time as I' the Lease has been fully developed to such an extent !< that there exists the maximum number of proration units an the leased premises with producing wells or wells capable of producing located thereon and there exist a portion of the leased premises not in a proration unit and which portion is not of sufficient acreage to can - stitute a full proration unit in accordance with the applicable field rules of the Railroad Commission of Texas, then such remaining acreage may be pooled in accordance with paragraph four (A) of this lease. (2) For any well classified as having a horizontal drain- hole, as defined in paragraph twelve (12) hereof, and the entire length of the horizontal drainhole located totally and legally within the boundaries of the leased premises, there shall be no pooling with other lands and leases in which.Lessor does not have an �'•;. interest, until such time as the Lease has been fully developed such that there exists the maximum number of proration units on the leased premises with producing wells or wells capable of producing located thereon and there exist a portion of the leased premises not in a proration unit which portion is not of sufficient !i acreage to constitute a full proration unit in actor- dance with the applicable field rules of the Railroad Commission of Texas, then such remaining acreage may be pooled in accordance with paragraph twelve (12) hereof. j dJc/aibpufedder,dm3 11 .. ' VO�����P �1 '• - _ a _ .1•. r l.i i i f l I' i 7 P (3) For any well classified as having a horizontal drain - hole, as defined in paragraph twelve (12) hereof, and a portion of the drainhole is located within the bound- aries of the leased premises, pooling shall be permit- ted to the extent permitted in paragraph twelve (12) hereof. (4) For any well not classified as having a horizontal drainhole, as defined in paragraph twelve (12) hereof, and the drillsite location for said well is located off of the leased premises, at least one -half (1/2) of any unit formed shall be comprised of the leased premises or other lands under which Lessor owns an interest, unless insufficient acreage remains in this Lease to comprise not less than one -half (1/2) of such unit. In such event all remaining acreage may be pooled in accordance with paragraph four (4) hereof. The size of any unit so formed shall be restricted to the smallest unit necessary to receive a full proration allowable in accordance with the applicable field rules of the Rail- road Commission of Texas, and in the event no field rules exist at the expiration of the primary term of this Lease, such unit size shall be deemed to be forty (40) acres for an oil well and one hundred sixty (160) acres for a gas well. (5) Unless Lessor shall have given prior written consent to the contrary, none of the leased premises shall ever be included by Lessee, its successors a rs unit assigns within n a unit for oil, a unit for gas, wherein, as to each and every producing horizon, zone, strata or formation included in such unit, Lessor, Lessor's successors or assigns, does not share in pro- duction of oil and gas from the date of first produc- tion to this Lease, ortesuchatportion production thereof, in effect. 21. Lessor's royalty herein shall be a free royalty. Lessor shall not be required to pay and Lessor's royalty shall not be reduced on account of or charged with any costs of making . the products produced hereunder ready and available or market including, but not limited to, the costs of marketing, transport ing, compressingr dehydrating, operating, storing, treating, or processing oil, gas or other gaseous or liquid hydrocarbons. Lessor shall, however, bear Lessor's proportionate part of all taxes. 22. Upon expiration of the primary term hereof, in the event this Lease has been maintained in full force and effect and notwithstanding that there may be then oil or gas production from the leased premises or property pooled therewith, Lessor may demand and shall be entitled to receive from Lessee an appropri- ate release in recordable form of all of Lessee's rights and estates hereunder in any and all of the leased premises that is deeper than the deepest then producing zone, horizon, therewith or formation on the leased premises or property P o 23. it is understood and agreed that the property leased herein shall be continued to be used by owner who retains •all surface rights and that notwithstanding anything herein contained to the contrary it is understood and agreed that Lessee shall have no rights of ingress or egress nor rights to conduct opera- tions or use any water contained on the land described herein without the prior written consent of Lessor. it being the intent of the parties that Losses shall make use of the property rights acquired hereby by means of pooling or unitizing such land with other land acquired or to be acquired by Lessee, 24. Lessee shall not use any water from stock tanks, surface reservoirs existing water wells or streams situated on dUC10D&9 -/eddendm3 - 5 - VOi ���PAGt' no the property covered by this Lease, if Lessee should drill any water wells on the leased premises, then after Lessee has com- pleted its use of such water wells, it shall turn such water wells, including all casing connected therewith, over to Lessor (if Lessor so desires) free of any costs or charges. 25. (a) All slush pits or excavations of any nature made by Lessee on the leased premises shall be fenced by Lessee at its cost and expense with five strand barbed wire fencing at least four and one -half (4 -1/2) feet high. All corner posts and gate posts shall be anchored in concrete. (b) Lessee agrees to vacuum all pits and fill said pits with subsoil and then cover same with top soil within sixty (60) days after cessation of use of such pits, which in no event shall exceed one hundred eighty (180) days after the drilling rig is removed from the drillsite. Lessee further agrees to remove all equipment, refuse, garbage, and contaminates from the surface therefrom and restore the surface of said land as nearly as possible to the level and condition existing before drilling and exploration was begun. (c) Lessee agrees that after drilling operations are concluded on a producing well all drilling equipment will be removed within sixty (60) days after the termination of drilling. The wellsite shall be fenced as in subparagraph (a) herein and shall be maintained, at Lessee's expense, in a neat, clean and appealing manner. (d) Lessee further agrees that, if at any time in the future, a producing well or wells become nonproductive and cannot be brought back into production under the reworking or additional drilling provisions hereof, Lessee, at Lessee's expense, will remove within six (6) months all production equipment, and the land around said well or wells shall be returned as nearly as practicable to its natural environmental state. (a) Lessee agrees to use all reasonable efforts to prevent any waste oil or salt water from flowing on or over the surface of the leased premises and to prevent any waste oil or salt water from draining into any draw, drain, creek or ravine on the leased premises or into any tank or water hole thereon, Lessee shall construct such salt water disposal facilities off the premises as shall be necessary to confine and dispose of the salt water and waste oil produced from the leased premises in accordance with the rules and regulations of the Railroad commission of the state of Texas. Lessee shall not provide for any salt water disposal well on the property covered by this Lease without Lessor's written consent. Lessee agrees to use all reasonable efforts to prevent underground water on such premises from becoming contaminated in any manner as a result of Lessee's operations, and Lessee shall pay any and all damages suffered by Lessor resulting from the breach of the provision. (f) Lessee agrees at all times to use reasonable care in all of Lessee's operation on the premises and adjacent pooled premises to prevent injury or damage to the cattle, livestock, buildings or other property situated on the surface of said land, and all water wells and tanks located thereon. Lessee agrees to pay for any and all damages caused by Lessee, or its business invitees, to the 'surface of said land and to cattle, crops, buildings, livestock, fences, tanks, water, water wells, and, without limitation, any and all other property situated on the surface of the leased premises. 26. (a) Lessee, in connection with its operations hereun- der, may not use any existing road or roads on said leased premises. 27. Lessee agrees that Lessee will not cut or go over any fence or fences on the leased premises. cWdoO -V6 J 85iF,%, 9 — 6 — 0 a i r I i I s s I ;a �i ':x L � I i i J ' f I 1 r I :" S .I 26. Lessee shall not lay pipelines or install other appur located tenances necessary to transport opertydanatherleasedls P remises. on property pooled 29. Lessor hereby warrants and agrees to defend title to said land by, through or under lessor but not Otherwise- 30. All prov o the this parties hereto inure their the respective of and be binding upon successors and assigns. Dated as�gf the date hereinabove first written. CITY oP CO LEoE STATION �� �-i.e5�- ^•^'-'� F ,Mayor Pro-Ter. ATAESTf:�j� : �M S e a. fi Ap 0 11E AS TLt %UHSTANCE: Ron Ragla d, City Manager APPR9yED AS TO FORM' Cath ,.,ocka� Attorney ZNCO o ORPOR..^" N BY y sR i �i THE STATE OF TEXAS f COUNTY OF BRAZOS 1 1 ed before a no i This in ¢gent was ackn w�edg notary public, on 1993, by -Fred Brain this the day of � el ation, a � Texas Municipal Mayor pro -Tan of the City of College St Corporation on behalf of said corpora nom^ TJ ....�+r�w Nota public n and for Dc PAtn AL LEN 'Y NOTARYPU The State of Texas at¢ rf Tozas Ccnm. Eap.05.164b THE STATE OF TEXAS i 8Y,1T�. X40 0�x 9 COUNTY OF BRAZOS 1St • i21�'Inv 1001 A Y +p(b efore a notary p ublic on This instrument ►ras n 1993, by this the /S Cc2a df' Agent of Inco Oil Coroiration, on behal of said Corporation. lic in and or DEDSIE A, IVES. Texas ate of Texas "W hw- Mt S ci Tui a • Ig6yarwWErWa341 94 aigot6puhddsndm ' 7 t . c xr.a.o -r�.so eu�v ss ATra uTILITI COMPANY 490/ s EASEMEN7 State of Texas KNOW ALL MEN BY THESE PRESENTS: County THAT ..... _ ............ ___L 3�IA.. A..., QR= S�C ZF.._..........,....__._..__... _._____._._...,._.- .._.._... __......_. _... ...... ._.__.-- --- -__ _ __ .._._._..,_..:.._ ._ _ __...,_ .... ...... ........... ............... _..._._.._..._....,__. . ........ ..__..._...._,__.___.. hereinafter called Grantor, for and in consideration of .. FaN.... pQUAU....#C .._2:�._X „COnSlderdt; Dollars In hand paid by GULF STATES UTII.I':IES COMPANY, the reccelpt of which is hereby acknowledged, has granted, • and by these presents does grant unto said GULF STATES UT'IL1TiE5 COMPANY, hereinafter called Gran (ee a corpora. flot duly incorporated and existing under tthe lawss oe the State of Texas, the d remove GE AND M to enter upon and to construct maintain, o rate, p replace, p a one or more lines of structures for one or more circuits composed of wood, meta) or other type or typ of material with lines of wires, crossarms, guy wires, stubs foundations, � i anchera and 'other usual fixtures for the s e trariatn(salon of electricity and communications, Bald facilities to be erected i simultaneously or at different Suture tams, with the right to replace structures or fixtures composed of one type of material or materials with structpres or fi.clures of any other type of material or materials at any tirne and from time n to time - Afthout further payment, upon, over and across that certain tract or parcel of land owned by Grantor, Situated in AI the . _... _..._ ..... .._._..td..._ set.. tox A- 46..... ......M�._...._:.:..._:_.._:. survey, in ......_ �xazA. s...,__...._..___.._..___..._.. County, Texas. fully described In Vol..... _ 37 ...._.,µ _. rage ..._6.7..4._.__.__...._._., Deed Records of _Brazos...- - _......_....._..._._..,_ _ _._..._...—...__._ Couny, Texas to which reference is hereby made for description, said facilities to be loretod within the easement sMpp except that at angle points, it ant Grantee may place 90Y whoss, stubs and anchors outside said easement strip In 82clent number so as to adequately brace Its structures at any place where said easement strip makes an angle, which easement strip and continuations or projections thereof, hfsofar as same mew be embraced wM said tract, shall extend ___iS. -. »_ feef on eeeh 4de'of the following described center line: Centerline entering on the northeast -line of the above described property being.also the west line of Carters Creek, at a point 1100 feet ± northeast,of the southeast corner! THENCE ' S 82 4L' 05” W a'distance of 1610.8 feet to an angle point; THENCE S 41 42 501" W a distance of 296.2 feet to a point of exit in the northeast line of the GSU College substation site, said point of exit being 119.2 feet southeast of the north corner of the GSU` substation site, as shown on the attached sketch. 4 at a'c�ocic m • , . 182626 •' JUL241950 FRANK 8 RISKIE ip'f(ylhg y t BY an,5exa: LY.liX. t• GRANTOR µrants unty Grantee the right at any thee, and from time to time (a) to trim, cut or remove lall trees, under- brush and other ohstrue(lons located upon said easement strip, without further payment, and (b) to ttiM cut or remove from the land outside of said easement strip any and all trees which in falling could come within ten feet of the electric lines Of Grantees upon payment of reasonable market value of such trees. GRANTOR Ri':TAINS the right to use for Grantor's own purposes the )and covered by said easement as long as such use does not Interfere with the easement and rights herein granted. However, Grantor shall not erect, locate or permit the erec- tion or location of any structure or object at any type whatever within the easement strip described above, but Grantor may Tense any or all at said property. Grantee shall have ingress and egress at any time to, -from and along the land covered - Sy this easement, GRANTEE SHALL pay Grantor Ion damages to Grantor`s buildings, other structures and trees where located outside said easement strip; and to Grantors growing annual crops, roads, bridges and Ieam caused by the construction, operation . ' and maintenance of said electric lines TO HAVE and to hold the above granted rights, easement and rightof unto the said Grantee, its successors and as• signs, until the use of said easement by Grantee is commenced, end so long thereafter as the same shall be useful for the above named purposes, GRANTOR hereby covenants with Grantee, that Grantor has title to said land, and has the right to grant the privileges herein- contained. .. ALL THE AGREEM32M and stipulations herein contained, and all of the obllgatletis herein . assilmed, shall inure to the benefit of end be binding upon the helm, successors and assigns a the respective parties hereto. Whenever the word "Grant- . . or" is used herein it shelf be construed to include "Grantors". 1'�"', °�/.,��J., - o Wi TTM the signature of'Grantor this ..._�,, .. ........... day of ..._C/ - ~ A: D., :. , d3� FBoriskie . swGLr ACEVOWLMMUNT : 7 St r. ally appeared a %agrity in and for said state and Cou all thin day Person i tt i 00 --------- ------- - whose name subscribed 1 th a bove and jorsping instrument, and acknowl• ressed- the sMe for the PMPOM and CONSiderAtiOlf therein M MIT th exmted 1. d Bed of of&e this 24th Jules - . day , undermw D, Itan an ra X. razos atary Pub D in and fPublic in County, Texal jOINT ACHNOW13MGMMIT State of Texas County . ...... W ore me, th undersigned authority in and for said State and County, on WE day personally appeared '_....knoWn to me to be and wife ......... the persons W h ose na are subscribed to the foregoing instrument, and aftowledged to me that they executed the "me for the purposes and consideration therein expressed; and the said ....... ........ ..... .............. _............ ._.._..».— ...__.._...___.,._... %vite of said I having been examined by me privily and apart from her husband, cad having the same fully 0 XVIabled 10 h she, the said ­­­­ acknowledged said instrument to be her act and deed and declared that she had wittingly signed The same for the purposes and considera th ere i n expressed, and that she did not wish to retract it. Given under my hand and seal of office o f ............... . . R, .... . ....... . .. . . . . Notary Public In and for County, Texas e, z E Fa 0 !114.2' GbLL "��r 9Tf1Tld.V 5. 61LED 22076 �l.�.aa�..1.� 1�a'[E RECORDEB -15 �— MW 121982 ENCROACHMENT AGREEMENT FR MK aDRME _ M a�.n � THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS 4 �� day of F � CJ 1982, THIS agreement, made this is by and between EXXON PIPELINE COMPANY, hereinafter celled "EXXON ", and THE CITY OF COLLEGE STATION, TEXAS, hereinafter called "THE CITY ". WHEREAS, EXXON is the present owner of the following rights of way and easements: (1) Right of way dated July 19 a1919,a d recorded in Volume 99, Page of the Deed Records of Brazos County, Texas. (2) Right of way and easement acquired from V. J. B p i ae kie, da ofd Brazors countyolTexas.9 g (3) Right of way and easement acquired from Frank Stasney, dated July 21, 1919, and recorded in Volume 49, Page 32 of the Deed Records of,. Brazos County, Texas, amend- ment of said right of way and easement bett7? e B n EEXXON and Edwin W. Schultz, dated October 17, recorded in Volume 386, Page 315 of the Deed Records of Brazos County, Texas, and amendment of said right of way and easement between EXXON and Raintree Develop- ment, Joint 6, pagee 313 the Deed Records of record Brazos in Volume 386, County, Texas. (q) Right of way and easement acquired from C. S. Jones, dated July 22, 1919, and recorded in Volume 99, Page 1 of the Deed Records of Brazos County, Texas, and amend- ment of said right of way nd eas ant dated O EXXON l 7 , and Raintree Development, e of the D 1977, and recorded in Volum , Pag e , d Records of Brazos County, Texas Right of way and easement acquired from Frank Dobro31 (5) of the Deed /JDelRecords of Bra•osComy 1Texas, Page ume 49, WHEREAS, THE CITY has requested permission to construct a 138 KV, single pole construction electric transmission line and related facilities along and within a portion of EXXON`s right of way and easement across the lands covered by the above listed instruments. NON', THEREFORE, for and in consideration of the premises and of the p covenants and conditions herein contained, EXXON, as Grantee of the above listed instruments, consents to the construction of said electric transmission line and related facilities along and within a portion of EXXON's right of way and casement, only insofar as EXXON has the right to grant such consent, and subject to the following conditions: (1) No rights held by EXXON by virtue of the above listed instruments shall be subordinate, inferior, or subject to any easements acquired by THE CITY, except as expressly provided herein. (2) The transmission line shall be constructed on a centerline located seven feet (7 within and parallel to the northeast boundary of EXXON's 50 -foot wide (50') right of way and easement. (3) Any necessary anchors and guy wires shall be located parallel to the transmission line and will not be located any further than seven feet (7 within the northeast boundary of EXXON's right of way and easement. (4) it is further agreed that two of the three proposed insulator arms will be located on the northeast side of the transmission line support poles. (5) it is also understood and agreed that EXXON is now using and will continue to use said lands as a pipe- line right of way and easement according to terms and conditions granted to EXXON by the above listed instruments, and in the event that said trans- mission line and /or related facilities should ever prevent EXXON from exercising its rights to lay, maintain, operate, replace, change and remove EXXON's pipelines, THE CITY hereby agrees to cooperate with EXXON by removing said trans- mission: line and /or related facilities to provide EXXON with reasonable work space to complete the above- mentioned acts. (6) and E to l hold a EXXON harmless from and against damages claims, demands and causes of action of any kind and of character for damage to property and to death persons which may, in any way, result from, grow out of, or arise in connection with the construction, maintenance, repair, existence, or use of the electric transmission line constructed by THE CITY within e portion of EXXON's right of way, by THE CITY, its employees, contractors, agents, invitees, licensees, representatives or assigns, save and except only such damage to property, injury to, or death of persons as is caused by the sole negligence or willful misconduct of EXXON. 11 EXECUTED IN DUPLICATE ORIGINALS this the day ofAcf_ 1982 EXXON PIPELINE COMPANY `IXmff pp�� By J. LEY t.c. SCE PRESi : NT-OPERATIONS THE CITY OF COLLEGE STATION, TEXAS By (A Title -- Grantee: City of Co ege Station 13• !' ;;•(; ;: J i P, D. Box 9960 V�3 " College Station, Texas 77840 I 4 4.10 2 ENCROACHMENT AGREEMENT 1 _5 ii IN 17 Fr! 1: 3 TYE STATE OF TEXAS S , G'•�n: °: KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS $ / r- .U• ",�.r THIS agreement, made this _-� day of �LG'� is by and between EXXON PIPELINE COMPANY, hereinafter called "EXXON," and THE CITY OF COLLEGE STATION, TEXAS, hereinafter called "THE CITY." WHEREAS, EXXON is the present owner of the rights of way and easements by instruments listed on Exhibit "A" attached hereto and made a part hereof; and WHEREAS, THE CITY has requested permission to construct 138 KV and 12.5 KV single pole construction electric transmission and distribution lines and related facilities along and within a portion of EXXON's rights of way and easements across the lands covered by the instruments listed on Exhibit "A "; NOW, THERE,^ ^OIL„ for and in consideration of the premises and of the covenants and conditions herein contained, EXXON, as Grantee of the instruments listed on Exhibit "A ", consents to the construction of said electric transmission and distribution lines and related facilities along and within a portion of EXXON's rights of way and easements, only insofar as EXXON has the right to grant such consent, and subject to the following conditions: (1) No rights held by EXXON by virtue of the instruments listed on Exhibit "A" shall be subordinate, in- ferior, or subject to any easements acquired by THE CITY, except as expressly provided herein, (2) Except in the case of prior written consent of Exxon, the transmission and distribution lines shall be constructed so that all poles, structures, anchors, or guy wires shall be a minimum of ten feet (10') distance from and on the easterly side of EXXON's No. 3 eight -inch crude oil pipeline, said pipeline being the most easterly pipeline located 1 within EXXON's easements listed on Exhibit "A. ". (3) It is further agreed that two of the three proposed i insulator arms will be located on the northeast side ( of the transmission and distribution lines' support l poles. (4) It is also understood and agreed that EXXON is now using and will continue to use said lands as pipe- line rights of way and easements in accordance with the terms and conditions granted to EXXON by the instruments listed on Exhibit "A ", and in the event that said transmission and distribution lines and /or related facilities should ever interfere with EXXON's exercise of its rights, including, but not limited to the right to lay, maintain, operate, replace, change, and remove EXXON's pipelines or any facilities heretofore installed or that may be HEARNE - NAVASOTA N0. t r 4 r- VOL J9t I / -2- installed by EXXON in the future under rights granted by the instruments listed in Exhibit "A ", THE CITY hereby agrees to raise or otherwise adjust said transmission and distribution lines and /or related facilities and connected equipment at the sole cost and expense of THE CITY. (5) EXXON may at any time and from time to time, enter upon said land with mechanized equipment and ma- chinery and excavate trenches and ditches thereon, all of which may result in damage to or destruction of THE CITY'S facilities. THE CITY hereby assumes the risk of any and all such damage or destruction and agrees that EXXON shall not be either liable therefor or obligated to effect repair or replacement thereof. (6) THE CITY agrees not to construct or permit the construction of any structure or permanent improve- ments upon EXXON's rights of way and easements other than THE CITY's above - described facilities. (7) THE CITY will not excavate on EXXON's rights of way and casements for any reason or purpose other than the construction of the facilities specifically described above. THE CITY shall at all times main- tain THE CITY's facilities in a condition which will not unreasonably interfere with the operation of or endanger EXXON's pipelines located within the rights of way and easements described in Exhibit "A ". (9) THE CITY agrees to indemnify EXXON for all damages and to hold EXXON harmless from and against all claims, demands, and causes of action of any kind and character which may, in any way, result from, grow out of, or arise in connection with the con- struction, maintenance, repair, existence, or use of the electric transmission and distribution lines constructed by THE CITY within EXXON's rights of way, as described in Exhibit "A ", by THE CITY, its employees, contractors, agents, invitees, licensees, representatives or assigns, save and except only such damage to property, injury to, or death of persons as is caused by the negligence or willful misconduct of EXXON. Where personal injury, death, or loss of or damage to property is the result of i joint negligence or willful misconduct of Grantor and Grantee, Grantor's duty o: indemnification shall be in proportion to its allocable share of such joint negligence or willful misconduct. EXECUTED IN DUPLICATE ORIGINALS this the _::� day of �/ ..f -ce- /mot✓ , 19Lr 4 EXXON PIPELINE COMPANY / farm APProved By J. Con stone cC� • �I�1► Vic Presid nt- Operations '1 �� THE CITY OF COLLEGE STATION, TEXAS H n`ci :ter• .L'•t7.C:liE Li. ' Title VUL fir' _Tar � � r COUNTY OF HARRIS S -3- STATE OF TEXAS 5 COUNTY OF HARRIS S l �� � `t pp0THI)S, / Anstrument was %� acknowledged before me on - •� — President- Operations of Exxon Pipeline `I Ib L''�pnley Stone, a a',�6.pware corporation, Vice on behalf of said corporation. ,� ' / /j1 jlJJif N09AR 1�1 littttl EVELYN SHIPP Notary Public in and 'or She St:to of Texas f i ^Sion Expires STATE OF TEXAS 5 My omn COUNTY OF Rva2 — 5 �+ This instrument was acknowledged before ASm vAi�seF 1965 by .(Ih Q- 11.�t- ` ' o: �'�7Y� t G'D�L� G7ATJDItI. i NOTARY PUBLIC My commission expires: r r r ti I 7 • � :�: �:, ; .�, tact ��. 4 EXHIBIT "A" Pete Dominik to Humble Pipe Line Company dated July 22, 1919 and recorded in Volume 49, Page 24, Deed Records, Brazos County, Texas. Lee Richardson to Humble Pipe Line Company dated July 22, 1919, and recorded in volume 49, Page 27, Deed Records, Brazos County, Texas; Amendment of Easement dated March 7, 1974, between Exxon Pipeline Company and village Park, Inc., and recorded in Volume 325, Page 194, Deed Records, Brazos County, Texas; Correction of Amendment of Basement dated December 9, 1974, and recorded in Volume 334, Page 595, Deed Records, Brazos County, Texas. J. M. soriskie to Humble Pipe Line Company dated July 19, 1919, and recorded in Volume 49, page 18, Deed Records, Brazos County, Texas. V. J. Boriskie to Humble Pipe Line Company dated July 21, 1919, and recorded in Volume 49, Page 33, Deed Records, Brazos County, Texas; Encroachment Agreement, City of College Station. and Exxon Pipeline Company, February 24, 1982, and recorded in volume 513, Page 156, Deed Records, Brazos County, Texas. Frank Stasney to Humble Pipe Line Company dated July 21, 1919, and recorded in Volume 49, Page 32, Deed Records, Brazos County, Texas; Amendment of Easement dated October 13, 1977, Raintree Development Joint Venture and Exxon Pipeline Company and recorded in Volume 386, Page 312, Deed Records, Brazos County, Texas; Edwin W. Schultz and Exxon Pipeline Company and recorded in Volume 3B6, Page 315, Deed Records, Brazos County, Texas; Encroachment Agreement, City of College station and Exxon Pipeline Company dated February 24, 1982, and recorded in Volume 513, page 156, Deed Records, Brazos County, Texas. C. S. Jones to Humble Pipe Line Company dated July 22, 1919, and recorded in Volume 49, Page 17, Deed Records, Brazos County, Texas; Encroachment Agreement, City of College Station and Exxon Pipeline Company dated February 24, 1982, and recorded in Volume 513, Page 156, Deed Records, Brazos County, Texas. Frank Stasney to Humble Pipe Line Company dated July 21, 1919, and recorded in Volume 49, Page 32, Deed Records, Brazos County, Texas; Amendment of Easement dated October 13, 1977, Raintree Development Joint venture and Exxon Pipeline Company and recorded in Volume 386, Page 312, Deed Records, Brazos County, Texas; Edwin W. Schultz and Exxon Pipeline Company and recorded in Volume 366, Page 315, Deed Records, Brazos County, Texas; Encroachment Agreement, City of College Station and Exxon pipeline Company dated February 24, 1982, and recorded in Volume 513, page 156, Deed Records, Brazos County, Texas. Frank Dobrovolny to Humble Pipe Line Company dated July 2l, 1919, and recorded in Volume 49, Page 31, Deed Records, Brazos County, Texas. Ed Kapchinsky to Humble Pipe Line Company dated July 21, 1919, and recorded in Volume 49, Page 31, Deed Records, Brazos County, Texas; Amendment of Easement dated December 19, 1973, Robert D. Martell, et al., and Exxon Pipeline Company and recorded in volume 325, page 247, Deed Records, Brazos County, Texas. Wm. Kapchinsky to Humble Pipe Line Company dated July 21, 1919, and recorded in Volume 49, Page 29, Deed Records, Brazos County, Texas; Amendment of Easement dated December 19, 1973, Robert D. Martell, et al., and Exxon Pipeline Company and recorded in Volume 325, Page 247, Deed Records, Brazos County, Texas. Lemon Hall to Humble Pipe Line Company dated July 21, 1919, and recorded in Volume 49, Page 38, Deed Records, Brazos County, Texas; Amendment of Easement dated December 19, 1973, Robert D. Martell, et al., and Exxon pipeline Company and recorded in Volume 325, Page 247, Deed Records, Brazos County, Texas. ss,, ryry 602 1 John Hrolczyk to Humble Pipe Line Company dated July 22, 1919, and recorded in Volume 49, Page 24, Deed Records, Brazos County, Texas. Mary Sebesta, et vir, to Humble Pipe Line Company dated July 22, 1919, and recorded in Volume 49, Page 23, Deed Records, Brazos County, Texas; Amendment of Easement dated November 2, 197, Edwin. J. Schultz, Trustee, et al, and Exxon Pipeline Company and recorded in Volume 367, page 946, Deed Records, Brazos County, Texas. Mary Sebesta, et vir, to Humble Pipe Line Company dated July 22, 1919, and recorded in Volume 49, Page 23, Deed Records, Brazos County, Texas; Amendment of Easement dated November 2, 197, Edwin J. Schultz, Trustee, et al. and Exxon. Pipeline Company and recorded in Volume 367, Page 946, Deed Records, Brazos County, Texas; Amendment of Easement dated May 18, 1973, W. E. Street, et ux, and Exxon Pipeline Company and recorded in Volume 316, Page 359, Deed Records, Brazos County, Texas. Tom Sebesta to Humble Pipe Line Company dated July 22, 1919, and recorded in Volume 49, Page 22, Deed Records, Bcazos County, Texas. W. B. Barron, et ux to Humble Pipe Line Company dated July 22, 1919, and recorded in Volume 49, Page 28, Deed Records, Brazos County, Texas. J. M. Atkins to Humble Pipe Line Company dated July 22, 1919, and recorded in Volume 49, Page 26, Deed Records, Brazos County, Texas. S. B. Todd to Humble Pipe Line Company dated July 23, 1919, and recorded in Volume 49, Page 44, Deed Records, Brazos County, Texas; J. F. Carroll, et ux, to Humble pipe Line Company dated September 28, 1962, and recorded in Volume 222, page 657, Deed Records, Brazos County, Texas. S. B. Todd to Humble Pipe Line Company dated July 23, 1919, and recorded in Volume 49, Page 44, Deed Records, Brazos County, Texas; J. F. Carroll, et ux, to Humble Pipe Line Company dated September 28, 1962, and recorded in Volume 222, Page 657, Deed Records, Brazos County, Texas. Mrs. C. C. Cooper to Humble Pipe Line Company dated July 22, 1919, and recorded in Volume 49, Page 2C, Deed Records, Brazos County, Texas. E. D. Carll, et ux, to Humble Pipe Line Company dated July 22, 1919, and recorded in Volume 49, page 34, Deed Records, Brazos County, Texas; Amendment of Easement dated April 29, 1962, City of College Station and Exxon. Pipeline Company and recorded in Volume 520, Page 674, Deed Records, Brazos County, Texas. C. E. Jones to Humble Pipe Line Company dated July 22, .919, and recorded in Volume 49, Page 25, Deed Records, Brazos County, Texas. E. S. Wickes to Humble Pipe Line Company dated July 7, 1919, and recorded in Volume 48, Page 614, Deed Records, Brazos County, Texas. VOL. 8 -i PdS_ 6103 i UTILITY EASEMENT (Specific Property) STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS THAT, I, LYDIA FRANCIS BORISKIE GRANTOR(S) of the County of BRAZOS, State of TEXAS, for and in consideration of the payment of TEN AND NO 1100 DOLLARS, cash, in hand paid to GRANTOR(S) by the City of College Station, Texas; the receipt of which is hereby acknowledged, HAVE GRANTED, SOLD, AND CONVEYED and by these present do GRANT, SELL, and CONVEY unto the said City of College Station,•a Texas Municipal Corporation certain rights and interests in the nature of an EASEMENT on and through the following described property: Tract or parcel of land in Morgan Rector League, abstract 46, Brazos County, Texas, and being part of that original 438.0 acre tract of land as described in vol, 48 page 296 of the Deed Records of Brazos County, Texas, dated May 6, 1919, and executed by Willie Boehme and Mary Boehme to Y.J. Boriskie. Provided however, that this conveyance shall 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 ", and any additional area outside the easement area necessary to install and attach anchors and guy lines or wires. To erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, and remove the following: X Electric transmission and distribution lines _Sanitary sewer lines, connecting lines, and access facilities Storm sewers and collection facilities Television, telephone, and communications lines upon, over, and across said property as herein described and any ways, streets, roads, or alleys abutting same; and to cut, trim and control the growth of trees and other vegetation that might interfere with or threaten the operation and maintenance of any public utility equipment or accessories. It is under- stood and agreed that any and all equipment, poles, and facilities placed upon said property shall remain the property of Grantee. DATE 21835 VOL. L7 PbGE 629 EIVED At�O'CbCi, - FSR 231962 F BORiSK1E B rte C�MY, Bryan.l� . I" i. .r .a. , i' I t �j TO HAVE AND Tp HOLD the rights and interests herein before described assigns unto the said City of College Station, Th�asjsanexecutorsc5ndoadm injstrators; forever and I do hereby bind myself., my to warrant and forever defend,Staa singul ion, Texas, and its successors anderests unto the said City of College,. whomsoever lawfully claiming, or, to claim assigns, against every person the same,. or any part thereof. �a = Day of rte- -,19 8z. WITNESS the execution hereof on the r ACKNOVLEDGEMENT STATE OF TEXAS COUNTY OF BRAZOS �.. BEFORE ME, a Notary Public in and for County, Texas,on this day Personally appeared c F! /CG .7Ce �CfC known to me to be the personal) whose name( -5) iS subscribed to the foregoing instrument, and acknowledged to me that Z! `" expressed. executeU the same for'the purpose and consideration therein GIVEN UNDER MY HAND AND SEAL OF OFFICE this the = day of 1 1 Gate, aes - 19 Notary Public, 6en ' • ;... ; p'� . _ County, Texas c- 'ET'.t•� EXHIBIT "A" j. The fol100 09 is a centeMiine description of a forty (40) foot wide utility easement, said easement to be measured twenty (20) feet in width on each side of the following described centerline: Beginning at a point in the northeast property line-of a 9.74 acre tract of land owned by the City of College Station for location of the G.S.U. Switch Station, said point being located North 57' from th most easterly corner of said City of College Station tract of land. �• Thence along centerline North 52 °45' East for a distance of 46.2' to an angle point in said easement. Thence along centerline South 44° East, parallel to and 7.0 feet southwest of the northeast boundary of an Exxon 50' pipeline easement, for f a distance of 1553' to the point of exit from the property, said point being located North 42 °26'57" East 2366' from the most southerly corner of i this tract of land, the some corner being in the easterly right -of -way line of the State highway No. 6 East Bypass. 7i i.7 VOQ A GE - P I a STATE OF TEXAS COUNTY OF BRAZOS } A l f " 3 04 UTILITY EASEMENT (Specific Property} KNOW ALL MEN BY T ; � That, LYDIA BORISKIE, GRANTOR, of the County of Brazos, State of Texas, for and in consideration of the payment of TEN and NO1100 DOLLARS, and other good and valuable consideration, in hand paid to GRANTOR by the CITY OF COLLEGE STATION, TEXAS, the receipt of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED and by those presents does GRANT, SELL, and CONVEY unto the said CITY OF COLLEGE STATION, a Texas Municipal Corporation, certain rights and interests in the nature of a perpetual EASEMENT on and through the following described propertyi All that certain tract or parcel of land lying and being situated in the Morgan Rector League in College Station, Brazos County, Texas, being a part of the Lydia Boriskie tract described by deeds recorded in Volume 47, Page 499, in Vol- ume 136, Page 359 and in Volume 152, Page 608 of the Deed Records of Brazos County, Texas. Provided, however, that this conveyance shall grant the rights herein specified only as to that portion of the above described property more particularly described by course, width, and cen- terline on the attached Exhibit "A ", knowr. as the "Easement Area ". To erect, construct, install, and thereafter use, operate, Inspect, repair, maintain, reconstruct, modify, and remove the following% Electric transmission and distribution linear upon, over, and across said property as herein described and any ways, streets, roads, or alleys abutting same; and to cut, trim and control the growth of trees and other vegetation on and in the casement area or on adjoining property of GRANTOR, which might interfere with or threaten the operation and maintenance of any public utility equipment, accessories, or operations. It is understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of GRANTEE. GRANTOR expressly subordinates all rights of surface use incident to the mineral estate to the above described uses of said surface by GRANTEE, and agrees to lender's subordinations on behalf of GRANTEE upon request. It is expressly understood that the GRANTOR or future Owner of this property reserve the right to use this EASEMENT for all pur- poses which do not interfere with or prevent its use by tho GRANTEE. TO HAVE AND TO HOLD the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, forever, and GRANTOR does hereby bind herself, her heirs r, and assigns, to warrant and forever defend, all and singular, these rights and interests unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, against every person whomsoever lawfully claiming, or to claim same, or any part thereof. r EXECUTED this 11Y V day of i 4 �vn✓ , 196B. ' 4;XJJ / A HDRISKIE -- ` APPROVED AS TO FORM. THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SUn FOR APPROVAL. I i STATE OF TEXAS j COUNTY OF BRAZOS } INDIVIDUAL ACKNOWLEDGMENT This instrument was acknowledged before me on the A/ - day of 1988, by LYDIA BORISKIE. •';.; .•�.� per; �ti'; votary P ublic - in and Tor the State of T £ X A S r.; 1�• _�f Printed Names 4e) -1 — � r• I `, �; My CO MM. Exp.:- s •zr - .t-s- ;''`•' fir` yo..fl8 r�cr flVV M jo ORR, INC. 5""on d fnsineen ' Oface Phone 6963370 • Kt. 3, sox 413 COLLECC STATION, TEXAS 77940 Propoaad Easement Lydia Dorlskic Tract Morgan Rector L Texas Colivgo Station, 22 Juno IDOR situated All that certain tract or parcel of land lying and being In the Morgan Rector League In Collogo Station, Dr des cribed by County. Texna, being a part of the Lydia Deriakie tract des doods rocordod i Volume 47, page G60, in Volume 1 Pago 3G9 and in n Vo be n& morn pa rticularly e De described e I follows: of Drnzoa County, Doginnin2 In the northwost line of the said Dorlskic tract which by deeds recorded In Volume 328 Pa go go 76 and Volume 300, Pagoa 1 nine the southeast Iine of the Richard Smith tract doacrl�Z DD0 and 338 or the Dead from r of DranorthorlyycornerSoftythat 22' 34" E v deed 6.74 acre tract convoyed to the City of College Station b.' recorded In Volume 368, Page 330 of the I3ovd Records of Drazoa County, Toxas. Thence through the said Dorlakle tract as follows: 8 39' 29' 30' E ^ 98.14 foot; S 42' 26' 00" W — 30.01 foot to the northeast lino of the said City of College Station tract; Thence s 39' 41' 00' E 60.48 toot along the northoaat line of the said City of Collage Station tract; Thence continuing through the sold Dorlsklo tract as 10110wa: 1: 42° 26' 00" E — 60.03 foot; S 34° 20' 10" E — 69.04 foot; N 60' 30' 44' E 10.00 foot; N 39. 29' 10' k 60.40 toot; N 42' 26' 00" E ^ 20.20 toot; t3 3D' 29' 10' W — 20.20 foot; N 42' 26' 00" E 34,46 toot; N 47' 06' 00" W -• 10.00 toot; S 42' 26' 00" W — 33.04 foot; N 39' 29' 10' V — 118.38 foot to the northwost lire of the sa id Darlakic tract; Thonco S 42' 22' 34" V ^ 80.61 foot along the northwest line of Cho Bald Doriskie tract to the Point of uarinning and contal 6 nine 0.23 acres of land more or logs. . . r " r"e �.... SUS .:..... U0. �.iJ��P.',ur flfl� •G '�C / taJX'+O'� BILL & RETURN M. i092D OR 72x BWOS )UM ABS 2?2 T GF� 5I ,� WMPAXY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. PUBLIC UTILITY EASEMENT DATE: Ma 74 .2006 GRANTOR: CHARLES B. JONES, also known to C. B. JONES and )£ANETTE )ONES GRANTOR'S MAILING ADDRESS: 11054 Nunn ]ones Road (including County) Brazos County College Station. Texas 77845_9466 GRANTEE: CITY OF C:OLLEGESTATION.TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue (including County) Brazos County Coliegc Station, Tom 77842 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration. PROPERTY: All that certain tract or parcel of Lind cornunning 4.18 acres, more or less. lying and being situated in the Morgan Rector I.eagua. Abstract No. 46, in Brazos County,l'cxas, being a part of prat 12.47 acro tract ctnrvayed to Charles B. Jones by deed recorded in Volume 6724. page 52, Official Records of Brazos County, Texas. and a part of that 45.12 acre tract conveyed to C. B. Jones by deed recorded in volume 2557. page 109. Official Records of Brazos County, Texas, said 4AS acre tracl being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof for all purposes. This conveyance shall grant the rights herein specified only as to that portion or the above- described Property more particularly described on the attached Exhibit "A" known as the, "easement area." and any additional area outside lite easement area tteccsswy to install and 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, maintain, reconstruct, modllj and remove the foliowing; Electric transmission and distribution lines; and associated connecting lines, access facilities, communication lines and equipment specifically related to such electric transmission and distribution lines. upon, over, and aorow the said Property as described and any ways, sneers. roads, or alleys abutting same: and to cut, trim. and control the growth or Ire h and other vegetation on and in the cascinern area w on adjoining properly ur Grantor. which might imcrl'em with or threaten the operation and maintenance of any public utility equipment, accessories. or operations. It being Page i 8P lurwl..,pnnq+rn) Mma efecrrh+roarmmin jvaka ra+re�e�.+t -+r IIJ jX jlxrr Dot 8k Vol Ps 00921910 OR 7239 2. understood and agreed that any and all equipment and facilities placed upon said Property shell remain the property of C3ranttt. Grantor reserves the right to use all or any part of the casement acquired herein for any other or ruAher purpose that does not damage. destroy, injure andlor interfere with Urontee's efficient, safe or convenient use of the easement herein granted. Provided, however. Grantor shalt not constmct or permit to be constructed arty house, structure. or reservoir on, over, or within said be liable to Grantor or Grantor's ea re aced to Grantee of this casement, or any Fart the eof, by Grantor orGranro' don-ages igns. by RESERVATIONS AND RBSTRICTIONS: I, Perms, provisions, covenants. conditimts, and restrictions, easements. charges. assessments and hens provided in the Covenants. Conditions and Restrictions recorded in Volume 2558, page 121, Official Records of Brazos County, Texas. and amended in Volume 2949, page 310, Volume 3062, page 156, Volume 56871 8 72, page 235, Volume 4621, page 14. Volume 5554, pag e 75, and page Official Records cf Brazos courtly, Texas. 2. Pipeline Easements from 1. M. Bodskie ct&I to Humble Records o Company, azas da ted July 19, 1919, recorded in Volume 49, pag I Texas. as amended in Volume 513. page 156, Deed Records of Brazos County, Texas, and Volume 854, page 599, Offcial Records of Brazos County. Texas. and as partially released in Volume 4102. page 33.OtFtcial Records. ]. Rigbt-oFWay Easements from .toe M. Boriskic. a at to the City of Bryan. dated April 1937. recorded in Volume 98. pages 216 and 217. Decd Records of Brazos County. Texas. q. Easement from V. 1. me 1 30 , et e 237 Gulf States ords of Brazos County, Texas. May 17, 1947, recorded in Volume 130, pug 5. Right-of-Way Easement from V. J. Boriskie, et ux. to Lone Star Gas Company, dated December 14, 1950, recorded in Volume 148, page 417. Deed Records of Brazos County. Texas. 6, Righl•of -Way Easomcm from Lydia BBorriskie tosthe the OfBryan, Texas May 15, 1972, recorded in Volume 304, page 7. Easements from V. J, Borickie, et ux to the City of College Station, dated August 1955 and September 20, 1962, recorded in Volume 305, pages 228 and 230, Deed Records of Brazos County, Texas, 8 Easement t1rom Estate of V. J. Borislie to the City of Bryak. dated July IL 1972. recorded in Volume 307, page 310. Dad Rccord+of 8711105 CrxrnlY 'Ibxas. 9. 2i�recorded i Volu 320. page 374, Deed Records oflBrazos Station, County, Texas 8. 1973 n . 10. Utility Easement from Lydia Francis Boriskie to the City of College Station, dated February 13, 1973, recorded in Volume 335, Page 471, Deed Records of Brazos County, Texas. 11. Utility Easement from Lydia Frances Bofiskic to the City of College Station, dated September 21, 1978, recorded in Volume 407, page 800. Deed Records of Brazos County, Texas, Page 2 u; rrc ➢a,a Doi Bk Vol Pa 30921910 DR 7239 234 12. Utility Easement from Lydia F. Boriskic to Gulf Staics Utilities Company, dated July 24, 1980, recorded in Volume 456, page 380, Deed Records of Brazos County, Texas. 13. iltility Easement from L >dia 1'. Boriskic to the City of College Staiiun, dated February 22. 1982, recorded in Volume 510. page 629. Deed Records of Brazos County, Texas. 14. Utility Easement from Lydia Boriskic to the City of College Station, dated November 14, 1988, recorded in Volume 1085, page 89, Official Records of Brazos County, Texas, IS Utility Easements from Estate of Lydia Frances Boriskie, Deceased, et al, dated August 21, 1991, recorded in Volume 1330, pages 303 and 309, Official Records of Brazos County, Texas. 16. Right-of -Way Agreement from The Lydia Boriskie Partnership to Ferguson Burleson County Gas Gathering System, dated October 4. 1993, recorded in Volume 2065. page 120. Official Records of Brazos County. Texas. 17. Easement Agreement from Burton Ray Hermann. et al to C. Carl Kolbe, et al, dated March 14, 1996, recorded in Volume 2558, page 126, Official Records ot'Brazos County. Texas, and as partially released in Volume 4142, page 49, Official Records of Brazos County, Texas. 1S. Utility Easement from Estate of t.ydia Francis Boriskie, et al, to City of Bryan, dated March 23, 1998, recorded in Volume 3066, page 5. Official Records of Brazos County, Texas. 19. Utility Easement from Burton Ray Hermann, et al tP City of College Station. dated October 12, 1999, recorded io Volume 3633, page 166, Official Records of Brazos County, Texas. 20. Drainage and Flood Plain Conservation Easement from Lydia Boriskie Partnership to Burton Ray Hermann, dated April 4, 2001, recorded in Volume 4094, page 71 and corrected in Volume 4107, page 7 of the Official Records of Brazos County, Texas. 21, Public Utility Easement from C, Carl Kolbe. et of to City of College Station. (toted September 3, 2003, recorded in Volume 55(A. page 245. Official Records of Brazos County. 'I'esas. - 22. Public Utility Easement from Burton Ray Hermann, et ux, to City of College Station, dated October 16, 2003, recorded in Volume 5695, page 12 1, Official Records of Brazos Cuunty. Texas. 23. Rights of tenant in possession under unrecorded month -to -month Grazing Lease by and between Burton Ray Hermann, et ux and Craig Hickman_ dated June 2, 2001, and subject to the forms and conditions as contained therein. 24, Royalty Deeds from Lydia Boriskie to Michael Wayne Thigpin, of al, dated February 10, 1932. recorded it, Volume 510. pages 482 and 493. Deed Records of Brazos County, Texas. 25. Mineral reservation in Deed from Virginia B. Hermann to Burton Ray Hermann, dated December 13, 1993, recorded in Volume 1988, page 45, Official Records of Brazos County. Texas. page 3 aX l , KmurHi +1 hrurr+e/eelrlc nwnvnr:rrira, I ^nee ,.uxm.n/.n'rx 93 2K 21,116 One 8I: Vol Ps 00921910 OR 7239 235 26. Mineral reservation in Deed from Michael Thigpen, et ux to Burton Ray Hermann, et ux. dated April 6, 1994, recorded in Volume 2085, page 289, Official Records of Brazos County, Texas. 27. tvtinerol reservation in Deed from Burton Ray Hermann. ct ux. 10 C. B. Jones. dated March 15. 1996. recorded in Volume 2557. page 1119. Of"cia1 Records of Brazos Count). Taxes. 28. Mineral reservation in Deed from Burton Ray Hermann. ct al to C. Carl Kolbe, et ux, dated March 15, 1996 recorded in Volume 2558, page 133, Official Records of Brazos County. Texas. 29. Mineral reservation in Deed from Michael Thigpen, et ux. to Burton Ray Hermann. et ux. dated September 18. 199R. recorded in Volume 3265, page 115. Official Records of Brows County. Texas. 30. Mineral reservation in Deed from Lydia Boriskie Partnership to Virginia B. Hermann, et at. dated June 28, 2002, recorded in Volume 4710. page 771. Official Records of Brazos County, Texts. 31. Em e, created by Oil and Gas Loose from Floyd M. Jonas, et al to Amoco Production Corttpany, dated May 20, 1977, recorded In Volume 27, page 15, O&GL Records of Brazos County, Texas, 32. Estate created by Oil and (Jas Lease from Lydia F. Boriskic to R. L. Reese. dated January 30. 1978, recorded in Volume 29, page 740. O &GL Records of Brazos County.1 33, hsuue crotacd by Oil and (hts Louse 1i -mm Lydia 1', litrriskic its W & W Minerals. Inc.. dated October 2. 1984, racordcd in Volutsx 744. pope 138. O &OL Records of Brazos County. Texas. 34. Estate created by Oil and Gas Lease from Estate of Lydia F. Boriskie to Baker Exploration Company, dated July 31, 1990, recorded in Volume 1210, page 371, Official Records of Brazos County. Texas, as amended in Volume 1317, page 199. Volume 1319, page 7, and Volume 2385. page 89, Olrcial Records of Brazos County. Texas. ,l >. lislate created by Oil and tins Lcaw from Virginia Hermann. at al to Baker Exploration Company. dated September 21. 1995. recorded in Volume 2463. page 13. Official Records of Brazos County. Texas. TO HAVE AND TO HOLD, the rights and inicrests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, forever, and Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend, all and singular, these rights and interests unto the QTY OF COLLEGE STATION, TEXAS, and its successors and assigns, again, every person whomsoever lawfully claiming, or 10 claim same. or eny pan thereof al ARLES B. C . also known as C. B ones NEWWRAMMAI • Page 4 MX IcX,d.., X! <uyelnl hrtr.,w Necnr rrommrvui y.mr. em'emrntJn� 0.129 11x1!• 00921410 O 7339 236 APPROVED AS TO FORM: THIS DOCUMENT MAY NOT SE CHANGED WITHOUT RE- SUBMISSION FOR APPROVAALL�.,r.+/ City Attorney ` THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrtancnt was acknowledgcd 6cforc me on this 1—' din of . 2006. by CHARLES B. JONES, also known as C. B. !ONES. KVWVCN t t�OOi Notary lie and forth State of Texas THE STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on this / day of by JEANETTE JONES. Q M Rb Nola if Noty o w y Public in and for the he stoic State ol'Trxas PREPARED IN THE OFFICE OF. City of College Station Legal Department P.O. Box 9960 College Station, TX 77842.9960 AFTER RECORDING, RETURN TO: City of College Station Legal Department P.O. Box 9960 College Stelioh,TX 77842 -9960 Page ax A — 1 x�YgYn /nh. A,Y�r%t envrmm�,Nd, Hnc, rrnvmrin.Jrn' W !x tau Doc 5k Vol Fs 00921910 DR 7239 237 Joe Orr, Inc. Surveyors & Engineers 2167 Post Oak Circle College Station, TX 77845 (979) 690 -3378 Proposed Easement C.B. Jones Tracts Morgan Rector League College Station, Texas 8 September 2005 All that certain tract or parcel of land lying and being situated in the Morgan Rector League in College Station, Brazos County, Texas, being a part of that 12.47 acre tract conveyed to Charles B. Jones by deed recorded in Volume 6724, Page 52 of the Official Public Records of Brazos County, Texas, and a part of that 45.12 acre tract conveyed to C.B, Jones by deed recorded in Volume 2557, Page 109 of the Official Public Records of Brazos County, Texas, and being more particularly described as follows: Beginning in the line between the said Charles B. Jones 12.47 acre tract and that 9.74 acre tract conveyed to the City of College Station by deed recorded in Volume 368, Page 336 of the Deed Records of Brazos County, Texas, from which a 1 / " iron rod was found N 39° 40' 34" W — 402.93 feet at a fence corner at the common corner of the said Jones tract and the said City of College Station tract in the southeast line of that 77.62 acre tract conveyed to Richard Smith by deed recorded in Volume 328, Page 75 of the Deed Records of Brazos County, Texas. Thence through the said Jones tracts as follows; N 42 27' 25" E — 188.65 feet; N 40 24' 48" W — 341.93 feet; S 43 20' 32' W — 20.12 feet; N 40° 24' 49" W — 60.33 feet to the southeast line of the said Smith 77.62 acre tract at a point located N 42` 20' 40" E — 163.31 feet from the '' /s" iron rod found at the common comer of the said Jones 12,47 acre tract and the said City of College Station 9,74 acre tract; Thence N 42 20' 40 E — 65.52 feet along the line between the said Jones 12.47 acre tract and the said Richard Smith 77.62 acre tract, Thence continuing through the said Jones tracts as follows: S 40 24' 48" E —16.21 feet; angle point from which a %" iron rod was N 43° 20' 32" E — 504.88 feet to an found N 55 ° 26' 20" W — 25.11 feet at the common comer of the said Jones 12.47 ca. i- aFAS —, EXHIBIT A pap Iof' 00921 910 OR 7239 238 acre tract and the said Jones 45.12 acre tract in the southeast line of the said Smith 77.62 acre tract; N 40 24' 32" E — 630.16 feet; N 38° 57' 02" E — 60.63 feet to the line between the said Jones 45.12 acre tract and the said Smith 77.62 acre tract; Thence N 42` 20' 40" E — 43.60 feet along the line between the said Smith tract and the said Jones tract to the center of Carter's Creek; Thence down the center of Carter's Creek wit its meanders, a straight line bears N 81 20' 32" E — 100.00 feet; Thence leaving Carter's Creek and continuing through the said Jones tracts as follows-, S 38 57' 02" W — 178.89 feet; S 40 24' 32" W - 631.05 feet; S 37 28' 32" W 448.02 feet; S 40 24' 48" E — 344.51 feet; N 42° 27' 25" E — 20.16 feet; S 40° 24' 48" E — 65.51 feet; S 42 27' 25" W — 65.51 feet; N 40 24' 48" W — 20.16 feet; S 42 27' 25" W -- 265.81 feet to a point in the line between the said Jones I2.47 acre tract and the said City of College Station 9.74 acre tract from which the City of College Station GPS monument no. 147 bears S 30° 58' 31" W 2262.5 feet; Thence N 39 40' 34" W -- 121.14 feet along the line between the said Jones 12.47 acre tract and the said City of College Station 9.74 acre tract to the Point of Beginning and containing 4.18 acres of land more or less. Bearings are Texas State Plane, Central Zone, NAD -83 datum, based on City of College Station 1994 GPS control monument nos. 127, 127 & 242 and GPS observations. EXHIBIT C.8.1ona HUM=t Page 2 of 2 Dor_ 8k Vol Ps 00921419 DR 7235 2''S - 22MO City y CNI l 8.74 e axon aos mmroi an N7 Vcl. 358 Py, 336 40'2 4 S ' ,mss 40.21 ?48•E N 00 CD N IE gd N4 la R o j j.5 ' 4 0 • `. z � pppQ � m S�F • � nj � I ca• � � g 8 MIT EXHIBIT A l Windwood Subdivision T s-, 1 t g �No N N � rr pp bmb Q 6 Doc f4! 0921910 OR U 7239 P9 240 Filed for Record in: BRAZOS COUNTY On: Apr 06,2006 at 10:41A As a NO LABEL RECORDING Document Number: 00921910 Afoant 43,00 Receipt Nu4her - 287999 By, �yntb,a Rincon STATE OF TEXAS COUNTY OF BRAZOS i hereby certify that this instrument was filed on the date and tine stamped bereon by we and was duly recorded in the volume and vase Of the Official Public records of: BRAZOS CMITY as stamped hereon by me. Apr 06,2006 HONORABLE WEN tICOUEEN, COUNTY CLERY, BRAZO$ COUNTY a:; WARS ANTY PH 3129 Date* April 6, 1994 550739 Grantor: MICHAEL THILTGEN, dealing in 'MY So pndvuFSOpare property, Joined herein by my wife, CHE � uy_ d t. Mailing Address; 7302 Candy Ridge Roh Grantor's Corpus ch-.isti, TX 7B413-5003 Grantee: BURTON RAY HERMANN and wife, VIRGINIA BORISKI HERMANN Grantee's Mailing Address: 2401E Bypass Coll Station, TX 77845 Consideration: in and for the sum of Ten and No/1 ($ 10,00 ) Dollars, and other good and valuable consideration, the receipt of which is hereby acknowledged, and th sum of ONE HUNDRED THOUSAND is evidenced by the execution AND NO /100 ($1o0,000.00) DOLLARS, as and delivery by Grantees of their one certain promissory note in sa id Bum o f $100,00o.00 of even date herewith and bearing interest from date until maturity at the rate specified therein, and payable to the order of MICHAEL THILTGEN as therein specified, said note containing the usual accelerated maturity, past-due interest and orney's fees clauses, and is additionally secured by Deed of att Trust of even date herewith to Jay Don Watson, Trustee. Property (including any improvements): Being all my right, title and interest in and to that certain 163.5 acres tract or parcel of land lying and being situated in the MORGAN RECTOR LEAGUE, Brazos County, Texas; more particularly described in Exhibit "All attached hereto and made a part hereof for all purposes. SAVE AND EXCEPT THE FOLLOWING DESCRIBED TRACTS: JA3 Being that certain 11.91 acres tract or parcel of land lying and being situated in the MORGAN RECTOR LEAGUE, Brazos county, Texas, and being more particularly described in Exhibit "B,, attached hereto and made a part hereof for all purposes. [B) Being that.certain 29.03 acres tract or parcel of land lying and being situated in the MORGAN RECTOR LEAGUE, Brazos County, Texas, and being more particularly described in Exhibit "C' attached hereto and made a part hereof for all purposes. (c] Being that certain 14.27 acres tract or parcel of land lying and b situated in the MORGAN RECTOR LEAGUE, B razo s county, Texas, and being more. particularly described in Exhibit I'D" attached hereto and made a part hereof for purposes. Reservations from and Exceptions t conveyance and Warranty: (1) . SAVE AND EXCEPT, and there is hereby reserved unto Grantor, his heirs and assigns, all of his right, title and interest in and to any and all Of the oil;, gas and other minerals in and under and that may be produced from the above described real property, together with the right of ingress and eg ress a all times for the purpose o f mining, drilling, explor ing, operating and developing said lands for oil, gas and other minerals, and removing the same therefrom. (2) All valid and subsisting casements, restrictions, rights of way, conditions, exceptions and reservations and covenants of whatsoever nature of record,, if any, and also to the zoning laws and other restrictions, regulations, ordinances and statutes of municipal or other governmental authorities applicable to and enforceable -against the herein described real property. 289 Af; STATE OF TEXAS $.. $ COUNTY OF NUECES § :.•' Grantor, for the consideration and subject to the reservations .r• a�. from and exceptions to conveyance and warranty contained herein,' April, 1994 by Michael Thiltgen..' grants, sells, and conveys to Grantee the property, together with r all and singular the rights and appurtenances thereto in any wise ' belonging, to have and to hold to Grantee, Grantee's heirs, Voraeir.Mltit1D My Commission Expires: ___ executorsi administrators, successors, or assigns forever. Grantor STATE OF TEXAS' $ binds Grantor and Grantor's heirs, executors, administrators, successors,. and assigns to warrant and .forever defend ail,. and t singular trie property. to Grantee aiid Grantes!s heirs,.executors, 11 This instrument: was acknowledged. b elare. me on the day of administrators, successors and assigns,, against 'every person April, .i994by Cherpl'Thiltgen. •' whomsoever. lawfully claiming or, to claith' :the 'same or. any part ; thereof,. except an..to• the reservations ,from and exceptions to lG� ota�y Pu�l,�,t o Texas conveyance and warranty con tained'tiereiii.,; My. Commission Expires: The vendor's lien.against and superior.title the property are retained "U1 :eaati. not*- .described is fully paid. according to tY? its terms, at;whibti'time this deed shall become' absolute: !!: When the context requires, singular nouns and pronouns include �. the plural'. MICHAEL ' f THILTGEN CHERYL THaLTGEN STATE OF TEXAS $.. $ COUNTY OF NUECES § This instrument was acknowledged before me on the - 4 of April, 1994 by Michael Thiltgen..' M1N110IpM000: L3a ,t c!u: __I�S�� No — t ry�PUb_l�c, State Af Texas Voraeir.Mltit1D My Commission Expires: ___ STATE OF TEXAS' $ 1 COUNTY OF= NUECES $ This instrument: was acknowledged. b elare. me on the day of { ., April, .i994by Cherpl'Thiltgen. •' i 1 i lG� ota�y Pu�l,�,t o Texas ; 7 ! My. Commission Expires: k • ,i ' 2 Y 'EXHIBIT .1 f 1 y i 1 - Chat certain 163.5 acres tractor parcel of land lying and being LEAGUE, Collage Station, Brazos 1 � situated in the Y.ORGA14 RECTOR and being part of that V.J. Boriskie tract described county, Texas, by deeds recorded in Volume 47, page 4991 Volume 136, Page 359 and Texas, I Volume 152, Page 608, of the Deed Records of Brazos county, and being more particularly described as follows& }} BEGINNING at the intersection of the southeast line of the said No. 6 (East t. Boriskie tract and the northeast line of State Highway the corner of Raintres, By - PBSe), which point is also most'westerly Section one, an addition to the City of college Station, Texas, according to plat of record in Volume 373, Page 461 of Records of Brazos county, Texas. THENCE N 42 14 12" E - 3365.0 feet along the southeast line of the said Boriskie tract to the center of Carter's Creek; THENCE up the canter of Carter's Creek as follows: N 21 18 24 W - 307.9 feet] N 47 17 04 E - 229.0 feet; N 32 46 54 W - 117.4 Peat; N 9° 29 56 W - 95.7 feet; N 37 10 40 E - 259.5 feet; N 77 43 08 W - 331.0 feat; N 67° 56 55" W - 427.7 feet; N.13 53 09" E - 18B.4 feet; N 19 04 39 W - 194.3 feet; N 21 30' 35 E - 105.2 Pest; N 0° 15 18 W - 421.8 feet; N 84° 34 34 W - 149.4 fact; N 41° 34 18 W - 111.9 Peet; S 49 05 15" W - 25 2.5 feet; N 67 05' 52f W 69.7 feet to the northwest line of the said t Boriskie tract; THENCE S 42 23 21i W - 1466.4 feet along the northwest line of that 9.74 ' the said Boriskie tract to the most northerly corner of to the City of college Station, Texas by deed acre tract convoyed recorded in Volume 368, Page 336, of the Deed Records of Brazos County, Texas; THENCE S 39° 40 17" E - 594.55 rest along the northeast line of i the said 9.74 acre tract to the mast easterly corner of same; THENCE S 42 lit 40" W 534.33 feet along a southeast line of the }p; said 9.74 acre tract to a corner; THENCE N 47" 52' 20 W - 529.43 feet along a southwest line of the a; .� said 9.74 acre tract to a corner; THENCE S 42° 09 24 W - 1420.83 feet to the most southerly corner State Highway s; of the said 9.74 acre tract in the northeast line of •1 1' No. 6 (East By- Pass); : THENCE S 32 02 50 E - 1762.70 feet along the northeast line of State Highway No. 6 (East By -Pass) to a concrete right -of -way marker at an angle point; • it'. THENCE S 30° 01 28" E - 325.08 feet continuing along the northeast )l line of State Highway No. 6 (East BY-Pass) to the Point of Beginning and containing 163.5 acres of land mo or less. Y 'EXHIBIT .1 . i K ' w i Field Notes 29.03 Acres Being all of that certain tract or parcel of land lying and being situated In the MORGAN RECTOR LEAGUE; -A -46; College Station, Brazos County, Texas ; and being apart of that property conveyed-to V. J. Bo'rlskte by Willie and Mary Boehme, recorded in Volume 46 page 296, Deed Records of Brazos County, Texas and being described as follows: ? BEGINNING: at a 1 /2" iron rod set In the northeast right -of -way of State Hwy. #f 6 (East Bypass), some being at the most southwesterly corner of s 9.74 acre tract of land conveyed to the City of College Station (368/335); THENCE: N'42 0 12 1 52" E - 1028.64 feet, N 42 E - 70.00 feet and N 41 E • 323.52 feet along the southeast one of said 9.74 acre tract to a 1/2" Iron rod for corner; THENCE: S 47 1 4656" E - 681.79 feel to a 1/2" Iron rod for corner, THENCE: S 36°32'62" W - 501.91 feet-to a 1/2" iron rod for corner, THENCE: S 23 0 05'08" E - 154.74 feet'do a 1/2' iron rod for corner, THENCE: .8 39 0 55'45" W = 621.66 feet and'S 45 9 56'49 " - W - 480.18 feet to a 1/2" Iron rod for corner In said State Hwy. 6 line; THENCE; N 32 9 03 1 40 ".W - 894.30 feet along said State Hwy. 6 line to the PLACE OF BEGINNING: and containing 29.03 acres of land, more or less. . i K .,. Field Notes 11,91 Acres Being all of that certain traact or parcel of land lying and being situated In the MORGAN RECTOR LEAGUE, A -46, College Station, Brazos County, Texas and being a part of that property conveyed to V. J. Borislde by Willie and Mary Boehme, recorded In Volume 48 page 296, Deed Records or Brazos County. Texas and being described as follows: BEGINNING: at a 112* iron rod found at the east corner of the Davis McGill 14.27 acre tract, also being to the northeast right-of-way line of State Hwy. 6 (East Bypass); THENCE: N 32 W - 175.40 feet along said State Hwy. 6 line to a 1/2" iron rod at the south corner of a 21.49 acre tract; THENCE: N 45 0 56'49" E - 480.18 feet and N 39 9 55'45 ". E - 543 -I 1 feet along the southeast line of said 21.49 acre tract to a 1/2' iron rod for comer, THENCE: S 23 0 05'08" E - 694.45 feet to a curve to the left: THENCE: 121,83 feet around a curve to the left with a central angle of 5 0 39'08" Lt., a radius of 1235.00 feet and whose chord bears S 26 0 34'55^ E - 121.78 feet to a point in the centerline of Wolf Pen Creek, same being the north line of said McGill 14.27 acre tract: THENCE: along the centerline of said Wolf Pen Creek and said Mc0ill lirie the following•calls: S 63 °25'33" W - 102.90 feet, S 19 °55'21" W - 100,50 feet, S 74 9 R 1'25" E - 100,00 feet, S 29 °35'30" E - 55.30 feet, S 75 °53'05" W - 168,60 feet, N 60 °38'41" W - 1I5.60 feet, S 70°26'51" W - 115.20 feet, N 2 °55'31" W - 112,40 feet and S 87° 19'38"W - 546,90 feet to the PLACE OF BEGINNING: and containing 11.91 acres of land, more or less; t 'w. j i' .j �ss a i L .. • {�1 L • l jj SS ++ EXHIBIT i t . it .w• „. i SAVE AND EXCEPT.that certain 14.27 acres tract or parcel of land lying and being.situated in said MORGAN RECTOR LEAGUE, Collage Station, Brazos County, Texas, and being part of:that V.J. Boriskie tract described by deeds recorded in Volume 47,. ,Page 499; Volume 136, Page M and Volume 152, Page 608, of the Deed Records of Brazos .County, Texas, and being. more particularly described, as follows: BEGINNING at the intersection of the southeast line of the said Boriskie tract - and the northeast line_ of. state. Highway No- 6 (East By- Pass), which is. also the most westerly .corner of Raintree, section:Ons, an addition to the City of College. Station, Texas, according -to plat of record io Volume 373, Page 461, Deed Records of Brazos County, Texas; THENCE N 42- 14' 12" 3-1207.01 along the southeast line of the said Soriskie tract to the center of Wolf Pen Creek; THENCE up. the center. .01 Wolf Pen Creek with its meanders as follows: N 56- 31' 27" W:- '109.07, feet; N 19 59' 12" E - 125.28 Peet; N 830 32' 33 ", -W - .82.68'.feet; S 47 29' 13!' W 162.71 feet; N 519-121 51" W - 129.21 feet; S 63 33n. -W,- 173.79.fest, S 19 21" IW 100.52'.PeetV S 74 0 •410 25!' E - 100.02 feet; S 29? 35 30!1 -R.- .55.28: fast ;. . 8 75? 53 05" W .-.166.59.feet ;;. N 60- 38!..411 1 ,.r S 70 51" W - .,115.20 'feet; N 2 .55.';.31!'_ W 'r_112.42.:test, S 87 19' 38!' W - .546.93 feet to the northeast line of State highway: No. 5,.� (East.. Bp Pass). ;... THENCE S •32! .021, 50'!_.$ 693.00; feet :along the northeast. line. of State Highway, No. 6 (East ) .By- Pass: to a concrete right- Df�way marker; ;. THERM S,30 -.01' 28".,E - .325:08 feet.continuing,along the northeast line: of State 'Highway.`; No:' 6 }.: to,;; the POINT OF BEGINNING and containing. l'4':27;iacressof;lend::more.or Iasi. YO' 208,IPM1Gf:��7�#' %: 1 E ?:H1B1T !` ` � REoDRDING PAID FM BY, VW 96M.CB)DNES IT(FDY) WARRANTY DEED 501ti5� 96 t;liR 1 f N 2148 aQa,l CiP1141 Y COURT (DUST �/�,jja�YA� • (tXA' STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS, THAT. COUNTY OF BRAZOS BURTON RAY HERMANN and VIRGINIA BORISKIE HERMANN, husband and wife, of the County of Brazos, State of Texas, GRANTORS, for and in consideration of the sum of TEN DOLLARS ($10,00) and other good and valuable considerations, CASH, paid by C. B. JONES, whose address is 11054 Nunn Jones Rd. , College Station, T4: 77845 GRANTEE, the receipt and sufficiency of which are hereby acknowledged, HAVE GRANTED, SOLD AND CONVEYED and by these presents do GRANT, SELL AND CONVEY unto the said C. B. JONES, all of the following described real property, together with all of Grantors' improvements thereon, to -wit; Field notes for a tract of land containing 45.12 acres lying and being situated in the Morgan Rector League, A46, College Station, Brazos County, Texas, and being a part of that property conveyed to V. J. Boriskie by Willic and Mary Bochme, recorded In Volume 48, page 296, Decd Records of Brazos County, Texas (D.P..B.C.T.), and being out of and a part of that called 108.29 acre remainder conveyed to Burton Ray Hermann, et ux., Virginia Boriskie Hermann by deed of record in Volume 2085, page 289 of the Official Records, Brazos County, Texas (O.R.B.C,T.); and conveyed to Burton Ray Hermann, et ux., Virginia Boriskie Hermann and Michael R'. Thiltgen by probate of record In Volume 141, page 311 of the probate minutes of the Official Records, Brazos County, Texas; said 45.12 acre tract being more particularly described by metes and bounds as follows: BEGINNING: at a 112" Iron rod set in the northwest line of said Boriskie tract of land for most westerly southwest comer from which the most northerly comer of a Called 9.74 acre City of College Station tract of land recorded in Volume 368, Page 336, (D.R.B.C.T.) bears S 42 1 22'31" W a distance of 729.(? feet; THENCE: N 42°22'31" E - 737.33 feet along said northwest line of the Boriskic tract of land to a point for northwest comer at the northwest comer of said Boriskie tract of land in the centerline of Carters Creek; THENCE: along said centerline of Carters Creek and the northeast line of said Boriskie tract of land the following courses: 1.) S 67°06'42" E - 69.70 feet; 2.) N 49 04 E - 252.50 feet; 3.) S 4195'08" E - 111.90 feet; 4.) S 84 °35'24" E - 149.40 feet; 5,) S 00-16 E - 421.80 feet; 6.) S 21 0 29'45" W. 105.20 feet; 7.) S 19 °05'29" E • 194.30 feet; 8,) S 13 0 5219" W - 188.40 feet; 9.) S 67 °57'45" E - 427.70 feet; 10.) S 77 °43'58" E - 331 .00 feet; I I,) S 37 °09'50" W - 259.50 feet; 12.) S 09 °30'46" E - 95.70 feet; vo. l5:57 rn x. a,. f: 1. 1.1 13.) S 32 °49'44" E - 117.40 feet; 14.) S 47 °16'14" W - 229,00 feet; and, 15.) S 21 °19'30" E - 308.02 feet to a point for northeast comer at the northeast comer of said Boriskie net of land; THENCE: S 42 °13'22" W - 431.11 feet along the southeast line of said Boriskie tract of land to a point for most easterly southeast comer, THENCE: leaving said southeast line and with a line through the interior of said Boriskie tract of land the following eoumes: I.) N 73 °16'24" W - 223.21 feet to a 1/2" iron rod set for angle; 2,) N 32 °57'18" W - 225.01 feet to a 1/2" iron rod set for angle; 3.) N 45 0 14'52" W - 190.86 feet to a 1/2" iron rod set for angle: 4,) N 44 °37'53" W - 472.DD feet to a X -tic fence comer found for angle; 5.) N 44 °31'32" W - 390.91 feet to a 1/2" iron rod set for angle; 6.) N OD °1514" W - 564,61 feet to a 1/2" iron rod set for angle; and, 7.) N 53 °52'54" W - 214.74 feet to the POINT OF BEGINNING, and containing 45.12 acres of land, more or less, SAVE AND EXCEPT, there is hereby reserved unto Grantors, their heirs and assigns, all of the oil royalty, gas royalty and royalty from related gaseous or liquefiable hydrecarbons, in, on, under and that may be produced from currently producing formation only, and not otherwise, as to the one -half interest owned by Grantors. The other one -half interest in the oil, gas and other minerals is owned by Michael Thiltgen. This conveyance is made subject to the following restrictions and exceptions: 1. Blanket Pipeline Easement dated July 19, 1919, executed by J, M. Boriskie to Humble Pipeline Company, and recorded in Volume 49, Page 18 of the Deed Records of Brazos County, Texas; as,inodified by encroachment agreement recorded in Volume 513, Page 156 of the Deed Records of Brazos County, Texas and in Volume 854, Page 599 of the Official Records of Brazos County, Texas. 2. Blanket Pipeline Easement dated July 21, 1919, executed by V. J. Boriskie to Humble Pipeline Company, and recorded in Volume 49, Page 33 of the Deed Records of Brazos County, Texas; as modified by encroachment agreement recorded in Volume 513, Page 156 of the Deed Records of Brazos County, Texas and in Volume 854, Page 599 of the Official Records of Brazos County, Texas. 3. Defined Electrical Easement dated July 24, 1980, executed by Lydia F. Boriskie to Gulf Stoics Utilities, and recorded in Volume 456, Page 380 of the Deed Records of Brazos County, Texas. 4. Blanket Electrical Easement dated May 15, 1972, executed by Lydia Boriskie to City of Bryan, and recorded in Volume 304, Page 237 of the Deed Records of Brazos County, Texas. 5, Defined Sewer Easement dated September 21,1978, executed by Lydia F. Boriskie to City of College Station, and recorded in Volume 407, Page 800 of the Deed Records of Brazos County, Texas. 6. Blanket Electrical Easement dated April 30, 1937, executed by V. 3. Boriskie, et ux to City of Bryan, and recorded in Volume 98, Page 217 of the,.Deed Records of Brazos County, Texas, 7. Blanket Pipeline Easement dated October 4, 1993, execute! by The Lydia Boriskie Partnership to Ferguson Burleson County Gas Gathering System, and recorded in Volume 2065, Page 120 of the Official Records of Brazos County, Texas. �,.� 2557 110 8. Blanket Electrical Easement dated April 15, 1937, executed by Joe M. Boriskie, ct ux to City of Bryan, and recorded in Volume 98, Page 216 of the Deed Records of Brazos County, Texas, 9. Mineral Reservation (of an undivided one-half Interest in the oil, gas and other minerals) In Deed dated April 6, 1994, executed by Michael Thiltgen, et ux to Button Ray Hemtunn, ct ux, recorded in Volume 2085 Page 289 of the Official Records of Brazos County, Texas. 10, Royalty Dead dated February 10, 1982, executed by Lydia Boriskie to Michael Wayne Thlltgen, recorded in Volume 510, Page 482 of the Deed Records of Brazos County, Texas. 11, Royalty Deed dated February 10, 1982, executed by Lydia Boriskie to Virginia J. Hermann, recorded in Volume 510, Page 493 of the Deed Records of Brazos County, Texas, 12. Mineral Reservation (of an undivided one-half interest In the oil, gas and other minerals) In Deed dated December 13, 1993, executed by Virginia B. Hermann to Burton Ray Hermann, recorded in Volume 1988, Page 45 of the Official Records of Brazos County, Texas. 13. 031 & Gas Lease dated October 2, 1984, executed by Lydia F. Boriskie to W & W Minerals, Inc., recorded In Volume 744, Page 138 of the Official Records of Brazos County, Texts. 14. Oil & Gas Lease dated January 30, 1978, executed by Lydia F. Boriskie to R. L. Reese, recorded in Volume 29, Page 740 of the Oil & Gas Lease Records of Brazos County, Texas, 15. Oil & Gas Lcasc dated July 31, 1990, executed by Michael Wayne Thiltgen, Independent Executor of the Estate of Lydia F. Boriskie to Baker Exploration Company, recorded in Volume 1210, Page 371 of the Official Records of Brazos County, Texas; as modified in Volume 1317, Page 199; Volume 1319, Page 7 & Volume 2385, Page 89 of the Official Records of Brazos County, Texas. 16. Oil & Gas Lease dated September 21, 1995, executed by Michael W. Thdltgcn to Baker Exploration Company, recorded in Volume 2453, Page 21 of the Official Records of Brazos County, Texas. 17, Oil & Gas Lease dated September 21, 1995, executed by Virginia Hermann to Baker Exploration Company, recorded in Volume 2463, Page 13 of the Official Records of Brazos County. Texas. '18. Consequences of past and future changes in creek which forms die northeast boundary of the subject property. 19. Southwestern Gas pipeline along southeast property line as shown on survey prepared March 1996 under die supervision of Donald D. Garrett, R.P.L,S. 2972, TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, his heirs and assigns, forever; and Grantors do hereby bind themselves, their heirs and assigns, to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, his heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, subject, however, to the exceptions and encumbrances hereinabove set forth. W.-f Pie! Deer! , V0:! �Ja37eaGf�,�,�, e li s:l I" Ad valorem taxes for the current year have been prorated as of the date of delivery of this deed and the Grantee by his acceptance hereof covenants and agrees to pay all ad valorem taxes upon the property from and including taxes for the year 1996. WITNESS our hands this the — J a y of March, 1996. BURTOY RAY HERM V IRGINIA BO SKIS HERMANN STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the — day of March, 1996 by BURTON RAY HERMANN and VIRGINIA BORISKIE HERMANN, husband and wife. LV KAflY No Pu tc • Sta�f Texan H Rvnm,wo4 6Dna 641691 �i - -- ;�2557rAt11 - - WST /cjh #6869 2/10/82 , Prepared by the State Bar of Texas for use by Lawyers only. Reviewed 1-1•11C t 1 ro select the Proper JornS, fill fa blank spaces, mike -d form pro,itiuns -1 - I inter, special terns emWllufe, the practice of late. No "smndarC farm' can 1- . t n}2et all regeieMe"m WARRANTY DEED 4 , I' THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: �. COUNTY OF BRAZOS I That I, LYDIA BORISKIE, a feme sole t I{ of the County of Brazos and State of Texas Fdi fs158%n lmxsitiatatiamnEXl�cstmrctabc DOLLARS k4erdaok6 ,�cx'x1aR}zixxsaoc�ew2.inxat� �h^ ttax�rsi�arl :paid�lzga7ltrxgccmrccxxxxx xxlmraixxtaraxct�a =oceipxbk xioltrottctskrstr�i xcAaromletl for an in considertaion of the love and affection which I bear for my son; MICHAEL WAYNE THILTGFN F 1 L C laasE RtcasDEB -�q' - �—q r Orc3��- l=EB 19012 IFBANK LBRBI LE 21 urkiBram, ..fr GIVFN GIVE have GRANTED /MM AND CONVEYED, and by these presents do GRANT /9]XI T AND CONVEY unto MICHAEL WAYNE THILTGFN, of the County of Caldwell and State. of Texas all of my right, title and interest in and to an undivided one -third (1/3) non- participating royalty interest in and to all of the oil, gas and other minerals in and under and that may be produced from the following described property in Brazos County, Texas, to -wit: All that certain tract or parcel of land containing 163.5 acres in the Morgan Rector League in Brazos County, Texas, and being; more particularly described in the attached Exhibit "A" and made a part hereof. It is understood and agreed that Grantee, his heirs and assigns, shall not participate in the making of,any oil, gas or mineral leases covering said property, nor shall they participate in any bonus or bonuses which may be paid for any such lease, nor shall they participate in any rental or shut -in gas well royalty to be paid under any such lease. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and i appurtenances thereto in anywise belonging, unto the said grantee his heirs and assigns forever; and I do licreby bind myself, my heirs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto (lie said grantee ,his heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this 10th day of Februaxy . A.D. 19 82. C\. /.ray Z!f:......(i.. ?..c ,.Z,.t.. +. :.. 4.'. ...._....._.. ..............._.. LY.UTA BORISKIE 7 . g .......... Vol � Pa e . . ._ 8 2 � ;_ THE STATEOC �Z05 COUNTY OF '..•': *•• eared '• Dirtarc ttic tiddcrsigncd authority, on this day personally app „ LYDIA BORISKII known to me to :. b0hp Person:,._....... whose namc.......7 5,._. subscribed to the foregoing instrument, and acknowledged to me •' ihnt......Sh¢_ »._.'eSiocatcd the,snmc for the purposes and considern thereto expressed. 9 Z Owen under c7y seal o[ offie¢ on th hand and is the / /f9f y _.... [ /i�:ali suer _zos� _ _ . Notary Public in and for Y `•, ,. °.:� .- • .' County, T "a ... Cou c a My mission cxpi ... :y. _.......... .. 19 /�/ (Ptinlcti or stomped name of notary) i f i i (Acknowledgment) THE STATE OF TEXAS COUNTY OF Before me, the undersigned a on this tiny personalty appeared known to me ro he the person............ whose namc ........... that......., he........ exceoled the some for the purposes and Given under my hand and seal of office on this the .__ subscribed to the fam oing instrument, and acknowledged to me consideration therein expressed. day of A.D. 19 ............_... . „ »._.... »..._........ .........._....._..... ....._....._ ..........:.. .... .. Count Texas. Notary Pahlic in nnJ for � y. My commission cxpitca..:........._.._ ..............._...._.._..,..., 19......... (Ptinlcd or susmped name of notary) (Corporate Acknowledgment) THE STATE Or TEXAS 1 COUNTY OF J Before me, the undersigned authority, on this day personalty appeared ; of a corporation, 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, in the capacity therein stated and as the act and deed of said corporation, , Given u Ja nder my hand and sea! of office, on this the Y. of A.D. 19 , ....................._,....._....—. ......... . ,............._....._....._.... _................. Notary Public In and for Countp, Taxes. Va15 PageA __.._.._.__. 19..».... MY commission explras ......_...... (Printed or stamped name of notary) Z Sl � w H O E q a�1 O S, 0 0 m I C. V N 4 47 :.' l•'f r r 1 ;E Y a a (Corporate Acknowledgment) THE STATE Or TEXAS 1 COUNTY OF J Before me, the undersigned authority, on this day personalty appeared ; of a corporation, 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, in the capacity therein stated and as the act and deed of said corporation, , Given u Ja nder my hand and sea! of office, on this the Y. of A.D. 19 , ....................._,....._....—. ......... . ,............._....._....._.... _................. Notary Public In and for Countp, Taxes. Va15 PageA __.._.._.__. 19..».... MY commission explras ......_...... (Printed or stamped name of notary) E. 11 that certain tract or parcel of land lying and being situated in the. Norcjan Rector League in College Station, Brazos County, T Texas, .being a part of that V.J. Bor Volume 136 trac Page 359 deeds and in Volume 47, Page 499; g Volume 152, Page 608 of the Dee County, Texas, and being more particularly described as f llows Beginning.at the intersection Of the so.utl� east line of the, said " Bo-riskie_ tract and the northeast line of State Highway No. 6 (East 'By- Pass), which point is also the most westerly conner of Raintree, Section One, an addition to the City of College Station, Texas., according to plat of record in volume 373, ,Page 461 of the Deed Records of Brazos'County, Texas. Theme N 42 degrees 14' 12" E - 3365.0 feet along the southeast line' of the said Boriskie tract to the center of Carter's Creek; Thence up the center of Carter's Creek as follows: N 21'degrees ,18' 24" W - 307.9 feet N 47"degrees 17' 04" E - 229.0 feet; N 32 degrees 48 54 W - 117.4 feet; N 9.degrees 29' 56" W - 95.7 feet; N 37 degrees 10' 40" E - 259.5 feet; N 77 degrees 43' 06" W - 331.0 feet; N 67'degrees 56' 55" W - 427.7 feet; •N 13 degrees 53' 09 "'E - 188.4 feet; N 19 degrees 04' 39" W - 194.3 feet; N 21 degrees 30' 35" E 105.2 feat; N. 0 degrees 15' 18" W - 421.8 feet; N 84 degrees 34' 34" W - 149..4 feet; N 41 degrees 34' 18" W - 111.9 feet; S'49_.degrees 05' 15" W - 252.5 feet; the N f;7 degrees 05' 52" W 69.7 feet to the northwest line of said Boriskie tract; Thence S 42 degrees 23' 21" 4t - 1466.4 feet along the northwest line of the said Boriskie tract to the most northerly corner of that 9.74 acre tract conveyed to the City of College Station, Texas, by deed recorded in Volume 368, Page 336 of the Deed Records of Brazos County, Texas; line of the d said e 9 74 acre C tract 4 to 5 the e most easterly northe terly co nerof same; Thence S 42 degrees 11' 40" W - 534.33 feet along a southeast line of the said 9.74 acre tract a south corner of same; Thence N 47 degrees 52' "20" W - 529.43 feet along a southwest line of the said 9.74 acre tract to a corner; degrees Thence S 42 . 9 t1 0 t to the most southerly corner ofthesaid 9 �74 acre tract in the northeast line of State Highway No. 6 (East By- Pass); Thence S 32 degrees 02' 50" E - 1762.70 feet along the northeast line of State Highway No. 6 (East ray -Pass) to a concrete right -of -way marker at an angle point; Thence S 30 degrees 01' 28" E - 325.08 feet continuing along the northeast line o f State Highway No. 6 (East By-pass) to the Point of Beginning and containing 163.5 acres of land more or less. wST /cjh 86869 2/10/82 Prcpored by Ike $tole Bar of Tens for use by Lawyers only. Reviewed I - 1 - 76, ��� To wirer rile proper form, fill In, blank spaces, srrlko onr /orm provlrlanr or insert rpeelal IMU eomnarres Ike pmcrtce of la» -. No "mandard form" ears n ; meet all regrrlramonrr. WARRANTY DEED THE STATE OF TEXAS COUNTY OF BRAZOS KNOW ALL MEN BY THESE PRESENTS: That I, LYDIA BORISKIE, a feme sole of the County of Brazos and State of Texas gtmg* mmidxt>otieaxabdhocsuatcalk H; mtcbcothorwniaxbtaxtmsitieta t�ttxa: dipglattlgtxD�+ ittrcic�t�ptx��¢ ltagoantcxxxxxxxxbtxa4t�ISmad ;Mftttsoatgot:atk svhtchiadtetedtyciwiaaswkdgzdlc for and in consideration of the love and affection which I bear for my daughter, VIRGINIA JQY HERMANN, 2j 8246 E D P Vold Recorded v FEB j g Igo ,GIVEN have GRANTEDJSO>3D AND CONVEYED, and by these presents do GRANT /99fm AND CONVEY unto VIRGINIA JOY HERMANN, of the County of Brazos and State of Texas , all of my right title and interest in and to an undivided one -third (1/3) non - ftafedlotvkTxtesaibxd:makp tapm tFimxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxeamtty ,azug =wkx participating royalty interest in and to all of the oil, gas and other minerals in and under and that may be produced from the following described property in Brazos County, Texas, to -wit: All that certain tract or parcel of land containing 163.5 acres in the Morgan Rector League in Brazos County, Texas and being more particularly described in the attached Exhibit " and made a part hereof. It is understood and agreed that Grantee, her heirs and assigns, shall not Participate in the making of any oil, gas or mineral leases covering said property, nor shall they participate in any bonus or bonuses which may be paid for any such lease, nor shall they participate in any rental or shut -i n gas well royalty to be paid under any such lease. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said grantee her heirs and assigns forever; and I do hereby bind myself, my heirs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee , her heirs and assigns, against every person whomsoever lawfully claiming or to claim the some or any part thereof. EXECUTED this loth day of Febr ary A.D. 19 82. � � fit * Ry ttT ' K ra ........__. .._ .... ..........__._........_. _.._. Vfl1 m�.�.._..,..___ �9 t it ,.�,,, I' I . + 1CJ�j�� (Acknoakdgmcat} THE STATE OF T COUNTY OF cared Before me, the tndersigned authority, on this day personally app LYDIA BORISKIE eraon............ whose name......- ,a.S••• subscribed to the foregoing instrutttctu, and acknowledged to me ... known t to me Ia be the p therein exprcFt;, A.D 1982 that . "' executed: thasamc for he purposes t / b , .......SgC.,j r•ti•., of F ' Tu B �" ' • � hpnd d an sca4 of office on the cons rat' n t .Given � undctttgY "'�� Cou L,t�.�.�:.�..... ..' ., e,u. , •�pr'. + .. .... n for "* B ,Z0$ mY, V . 'f Notary Public Ina �........ 11•.. C ; ; .t.)�! �` ` - t� , '•'gi p "i;,.. M missioq cxpi ...., fL. l ..._..........._ ............... 1 _...._._.......__..._.._ _i. rint '.}........ //� 'o : ,��;'�•. Y� '': (Ped or slumped name of notary) t ej t' R i • (Acknowledgment) THE STATE OF TEXAS COUNTY OF cared Bctorc mc, the undersigned au thority, on this dpy Personally app known to me to be the person............ whose Dom and comidarntiboa thcrom cxpresseds inatntmcnt, a A DC owledged to rte 19 piat es.. ,.,..,.. h executed the same for the Purp d of Given under my hand and seal of office on this the ....,_..�.,.........._,... Notnry Fttblic in and for " " "' """ ". . •"� County, Texas. MY commission expires .... ...... ............._ . ........_> 19......... . ......... .... . (Printed or stamped nnmc of notary) 1 i O � x H a ui w a 96 tr ? (Corporate Acknowledgment) ' TH E SCATEOFTEXAS COUNTY OF dnY Personalty appeared Before me, the undersigned authority, on this bscribed to the foregoing instrument, ack nowled g ed i of and a to me that name Is su the act and decd a corporation, known to me to be the person whose there in expressed, in the capacity therein stated and as he executed the same for the purposes and consideration of saki wrporation. day of A.D. 19 Given under my hand and scat of office on this the . .•..,•.....,,,__,....••_•_.,•.. ... Texns. q ' � � 4 Notary public in and for ! ......... 5 I Opfsge,_,.._._ V o l ..........._........... MY commission expires...__.........._ ._ ............................. ... (Trinted or stampnd name of notary) i ;� -.. . All that certain tract ore ^p'�1 'lad lying .and being situated in the t-iorgan Rector a efLeagaue V J Col oCiskie described Texas, being a p Volume 136, Page 359 and deeds recorded in Volume 47 Page 499; ) Records of Volume 152, Page 608 of the D described as follows County, Texas, and being more p articular Beginning at the intersection of the southeast,line of the said, Boriskie tract and the northeast line of State Highway NO.' 6 , the most westerly corner of (East By- Pass}, which point is also Raintree, Section ner an addition to the City of College O Station, Terasr according to plat Or' record in Volume 373, Page 461 of the Deed Records of Brazos County, Texas. 2 degrees 14 Thence N 4' 12" E - 3365.0 feet -along the southeast line of the said Boriskie tract to the center of Carter's Creek; Thence up the center of Carter's Creek as follows: N 21 degrees 18' 24" W - 307.9 feet; N 47 degrees 17' 04" E - 229.0 feet; N 32 degrees 48' 54" W - 117.4 feet; N 9 degrees 29' 56" W - 95.7 feet; N 37 degrees 10' 40" E - 259.5 feet; N 77 degrees 43' 08" 4d - 331.0 feet; N 67 degrees 56' 55" W - 427.7 feet; •N .13 degrees 53' 09" E - 188.4 feet; N-19 degrees 04' 39" W - 194.3 feet; N 21 degrees 30' 35" E - 105.2 feet; N 0 degrees 15' 18" W- _ 421.8 feet;. N e'4 degrees 34' 34" W - 149.4 feet; N 41 degrees 34' 18" W - 111.9 feet; S 49 degrees 05' 15" W - 252.5 feet; N 67 dsg.rees OS' 52" 49 - 69.7 feet to the northwest line of the said Boriskie tract; Thence S 42 degrees 23' 21" 4i - 1466.4 feet along the northwest line of the said Boriskie tract to the most northerly corner of II oveed to that 9.74 d t ract ed Volumeh368, Page 336 he Texas, by deed Records of Brazos County, Texas; Thence S 39 degrees 40' 17" E - 594.55 feet along the northeast . line of the said 9.74 acre tract to the most easterly corner of same; Thence S 42 degrees ill 40" W - 534.33 feet along a southeast line of the said 9.74 acre tract a south corner of same; Thence N 47 degrees 52' 20" w - 529.43 feet along a southwest line of the said 9.74 acre tract to a corner; Thence s 42 degrees 09' 24" W - 1420.83 feet to the most southerly corner of the said 9.74 acre tract in the northeast line of state Highway No. 6 (East By- Pass); ortheast Thence S 32 degrees 02' 50" E - 1762.70 feet along g to a n ortheast line of State Highway No. 6 (East By- a right -of -way marker at an angle point; Thence S 30 degrees 01' 28" E - 325.08 feet continuing along the northeast line of State Highway No- 6 (East By -Pass) to the Point of Beginning and containing 163.5 acres of land more or less. V61 1 Opage,445 i I c i iJ u FORM# RD May be Gigged in multiple dotrntetpntg rnr�n -0F WAY AGREENLENT LE 0 L p e Nab1E X60 - floriskie Diversified kl M M MAR 23 PI' 1215 I ;�• !,.« od j� APE 02507 e a o rn TY STATE OP TEXAS ti s ' COUNTY OP 33Tr.^.� For and is oonsidamtlon of ten Dollars, (6 _194M Ind other good and valuable eonsidenBon in head gold, the receipt and sufficiency of which Is hereby .11camwkdged, the undersigned (homiaaBSr caned GRANTOR, whalhar one ar mom) dote hereby GRANT, BARGAIN, SELL and CONVEY TO FerEUSOn Burle hering, - System PO Box 740 Mineral Well, Texas 76067 ils..,ra.bre and ealgns (homiruRorallcd GRANTED, a rfgbt•o6a'ay amt ammers dung A muw, (ne Eribit'A• attached), wconnrucl, arainwin, operate, mpair, Ahcr, mplaoe, ohmg, the aim of end miaow pipaliere l e d .ppumcaot (cllitic, far the transportation of ga. P-Wc-m produes or Any other Ini.1da, game Cm Wding Incn Bases) or aubstanoo. which can be tndcpomd through a'pipolino aemn,.uader and upon the lends of GRANTOR in rite County of Brazos , Smm of To.., to-wi6 Across a 163.5 acre tract of land out of the Morgan Recotor Survey, A -46, more fully described in a deed recorded in Volume 510, Page 482 of the Deed Records of Brazos County, Texas, The Right- of-Way and Easement shall be fifty (50) feet in width during construction and thirty (20) feet in width' thereafter, and shall be approximately 3698 feet or 222.91 rods in length. In the eventjDf,the npn -use of said pipeline by Grantee, its•successors or assigns, for a period of eighteen 18 months this easement sball be considered to be abandotled 4itd' 611 revel to Grantor,-and Grantee shall have } & , !, n days in which to romm from the l ands' alYpipe apd e, uipmenbplaced thereon. Only one (1) pipeline may be laid under the terms and proVisi� of this instrument. The, ORANT'OR npremmathat the Abdo- dnioribed land rented to (I. or to not) ono (ash or crop) boons. Thore 1. iaelodpd In 111lagnntiha right, from lime to time, to lay, construct, rmintdn, operate, Alter, repair, remove, ohango tlro auto of, and replace one or mom Willonel tins. d(pipgby GRANTBEhemandar and for any such additional flop co laid the GRANTEE shall pay the GRANTOR a good and wf6,ient considamtion per lineal ro4 of wait edd{irorrsl'lbio or ouch proporto nato part thereof ate GRANTOR'S introit in said leads boars to the entire foe, to be paid after the eosiPletier. of the conslydollon of e addhlonpl tin., The GRANTEE that! have all of the right. and b,nafAa nacellery or convenient far the MI onjoymont or use of the rights he min granted, Including, but whhout hnddng U come W,Iho free righl of ingress to and *grew to And from aid . right -ofway and eammcnt only, and the tight from time to lime to cut ell trees, undergrowtr'ond other obdruolions, that - may nlWn;'endnngcror Mtcrfcm with the ua of aid pipaBne. The GRANTEE Dell nova Ne right to amign thla gram in Witold or In part, . GRANTOR Leahy o tplamly Agrees .fiat.inthe -overt the maw cruise pipeline or pipolo ee to be constructed hemondar should amen any me&, nilroad., emekc, riwm orolfeerfwalp:woya toasted ogtha above described lend orother.pl.ar requiring extra working apace, than GRANTER.belt have the right and tompotary acre's to addldonll.WakYng space which iney be rrcaesary for conanuction and GRANTEE Agmce to pay GRANTOR any and ail damage. which GRANTOR aunem by noon, of GRANTEIM was of rind addhheaal-worklng space. To HAVE AND TO HOID ardo is.paaamPFy.,d 0uiga. a a ill. ue rights crsd.a aawaw herein gm.sd, or any ono afthem 613411 be used by, a,amful ORAkITE (bribe pbiporo horcln.Bassa, With to arnrt'sg m teu ftmd iha plamlaia for the puryoa of con st ruc ting, nmpceting, mpAsies, remMiltdgg rapisoingandnmovi.g lliopmperiyotORANT•EF h relit tlomnlsed; and tiiov"migned hoioby bindtho rselvoa, uheiehcim, enccotomaad adminiantorc ,...e.w.,.r wdd'rnnJe'e drJ ,d Wand atnaulcr mid omrrd.w unto the GRANTEE, its aeoOmere and Assigns, against every person Tine GRANTEE.Pg!+ao tq bsry all �Plpe below ,rrmrrnel plow.'depW. end t yriy for eaY, phYti+dl dam.ga -w growing oropa, timber, t nce., or other etauctutol {mpmvemodaocuadbyeoatnelnon n34insanap;oppretton mpddng.- altemtionrrspla aura. nlorromoval 'otnidpipelirteaand.ppudenam facilities. It I ... demtbod .ad agrood'tlaithe:aon ( idoiatonheroln paid dope ineludppayaentoflhe idlioi oondnrationcrop and land aurtsce demegoa. GRANTOR heroin AS—not so,hengc the ggtdL plprl {rifgispd 1 or wda., have bra made modifylng. adding tnaNetmmr •!' ' tYl1' EkBOlii> EiO1tANTCktS' Aerelga `viviuouiodiMs�aays 1993. �� - ... �' UANFXNYNBR 5'I.Y0 NATURE .4 - • t .fro r d f � `w. � f( � rr��+�,+ cc 'ECIt%l•S1bflC't r< a r::::luTr ett,,rlq:l , p Bs�S 7, •6'01 �.�/F�RAt;B . 0 o 1 TENANT'S CONSENT t Thaundsnigned tertnntaM/ orhoiderofe aorfgov loago on tho efiovo doeodbedtgrsdedaehomby gmmhle eomontond gpprovolly llec abovodeearihed oasortwnl. and the fWl""d exemieo thamvf,' -*at to deo oondillon thnl oay qnd qh 4-9e1 s1. .1.cl e. hl—pa and oth,, propany an said prmnleo , e rvaul[ of gm Meal o of said 1191.1. ..d., .W coneunl, shall ba paled,to hlm. t EXECUTED Qde the _ day or 19 THE STATE OF COUNTY OF SINGLE ACKNOMOGFMT'NT BBFDRE ME, Iho undsnlHned authority, on ihla doy ponomlly eppcemd Y f VGf 11 i f'i7Q.Va✓` , kn..n to me to bo the ponartwhow etamo iq aubmribed to thcforegoing inaerumem,ond aeknowledgeJ to me qc he oxea�u / e�tmno(orlho puryoaee anJ oormidomEon dmmin oxptmaod. GIVEN UNDER MY HAND AND SEAL OF OFFICE drla the T doy w.......YawW W';..W,WfLIw,l R I! /� f11 � �I �.t!(A / fl�•� `�'� '"• KARY C. MERSMANN —`• U � — Nobry FdDlle. 6laloal Taaas "' NY Commission Erplws HS•IH•HI Notary hbllo, Slbto of SINGLE Ack NQy&EDGEMENT THE STATE OF COUNTY OF 88PORD ME, iha on this dey peraondly appaamd , krmwato ma to be the the mo o pon whom namolsaulwodWd m lb- Ibrogoing Innmmdnt, and noknowkdbrod to ms that ha oe—lid thegama.for No purj ,bsox artd cooalilorotldh tixpr GIVEN UNDER MY HAND AND REAL OF OFFICE thia the day of - 19 - Nomry Fubtio, sulq of MULTIPLE 4c"Q &p :xntRnrr '. THE STATE OF is COUNTY OF r: is {: BEFORE ME, the vadwa39ned aarharity, nn thie day pan .Wy ppa­d - ;!` known to me so bo the poison vrh— namo le sobsodbcd to Iho rom9oing Irutnrmm�t, and aoknoNlo3ga6'q iRY :� •:. - � i co,uidmollon thomib'e>,pteaeed; - -. - .. w >F GIVEN UNDER MY - HAND AND SEAL. OF OPFFCE'ihfs the Jay of „ eq� X' j. rk c ° f PLEASE IIlMtMIN1b1 �Pwrytlolb c Southwestern Gaa:PIV�NYw41 i8ox 1�D00 Pp cullepe Stetlon Texeb 77942AIM90 YO ll�l RAGS t r f f Tr Xr� '� so" alt •r t 8 •p� i zl A 9" s„ NW- � }k�,�- ', Y `" a� ,off � ' � � ,t� +°��•e -�` 3.'. "' •n ' :9:5 �:Pl:. �,�'Fif:K�F?�5�.W i"'Scti �Y.n}::is'�F.. •.,a. .•:: -._.i .,...1.t r. w1. xr�,•:d,. ":.YG?.v:,.vns 'Sfut$a` �i UST /kc 43 -70aC Natw°m.gd Date: 1993 540333 Grantor: VIRGINIA BORISXIE HERMANN, dealing in my sdl�e "8W7 separate property "'T^� ^'�•- " : 6. CLEfiY Bnnzos cnur v au route . Grantor's Mailing Address: 2401 East Bypass AM AM S• S. College station, TXJ 42 �/ " rJv � l tlEPUZY Grantee: BURTON RAY HERMANN Grantee's Mailing Address: 2401.East Bypass College Station, TX 77842• consideration: In and for the love and affection I have for my husband, BURTON RAY HERMANN. Property (including any improvements) : Being an undivided one -half (112) interest of the interest presently owned by Grantor in and to that certain 163.5 acres tract or parcel of land lying and being situated in the MORGAN RECTOR LEAGUE, College :Station, ,Brazos County, Texas, and being part of that V.J. Boriskie tract described by deeds recorded in Volume 47, Page 499; Volume 3.36, Page 359 and Volume 152, Page 608, of the Deed Records of Brazos County, Texas, and being more particularly described as follows: BEGINNING at the intersection of the southeast line of the said Boriskie tract and the northeast line of State Highway No. 6 (East By- Pass) , which point is also the most westerly corner of Raintree, Section one, an addition to the City of College Station, Texas, according to plat of record in Volume 373, Page 461, of the Deed Records of Brazos County, Texas. THENCE N 42 14 12 E - 3365.0 feet along'the southeast line of the said Boriskie tract to the center of Carter's Creek; THENCE up the center of Carter's Creek as follows: N 21° 18 24 W - 307.9 feet; N 47 17' 04 E - 229.0 feet; N 32° 48 54 W - 117.4 feet; N 9° 29' 56t W - 95.7 feet; N 37° 10 40" E - 259.5 feet; N 77° 43 08 W - 331.0 feet; N 67 56 55 W - 427.7 feet; N 13° 53' 09t E - 188.4 feet; N 19 04 39 W - 194.3 feet; N 21 30 35 E - 105.2 feet; N 0° 15 18 W - 421.8 feet; N 84 34 34 W - 149.4 feet; N 41 34 18 W - 111.9 feet; S 49 05 15 W - 252.5 feet; N 67 05 52 W - 69.7 feet to the northwest line of the said Boriskie tract; THENCE S 42° 23 21" W - 1466.4 feet along the northwest line of the said Boriskie tract to the most northerly corner of that 9.74 acre tract conveyed to the City of College Station, Texas by deed recorded in volume 368, Page 336, of the Deed Records of Brazos County, Texas; THENCE S 39° 40 17 E - 594.55 feet along the northeast line of the said 9.74 acre tract to the most'easterly corner of:;samep THENCE S 42° 11' 40 W 534.33 feet along a southeast line of the said 9.74 acre tract to a corner; THENCE N 47° 52 20" W - 529.43 feet along a southwest�line.of ;the said 9.74 acre tract to a corner; - I vo: INS PAa , 45. /ET /k� g3706G Heneem.pd THENCE S 42° 09' 24" W - 1420.83 feet to the most southerly corner of the said 9.74 acre tract in the northeast line of State Highway No. 6 (East By - Pass); THENCE S 32 02' 50" E - 1762.70 feet along the northeast line of State Highway No. 6 (East By -Pass) to a concrete right -of -way marker at an angle point; THENCE S 30 01' 28" E - 325.08 feet continuing along the northeast line of State Highway No. 6 (East By -Pass) to the Point of Beginning and containing 163.5 acres of land more or less. SAVE AND EXCEPT that certain 14.27 acres tract or parcel of land lying and being situated in said MORGAN RECTOR LEAGUE, College Station, Brazos County, Texas, and being part of that V.J. Boriskie tract described by deeds recorded in Volume 47, Page 499; Volume 136, Page 359 and Volume 152, Page 608, of the Deed Records of Brazos County, Texas, and being more particularly described as follows: BEGINNING at the intersection of the southeast line of the said Boriskie tract and the northeast line of State Highway No. 6 (East By- Pass), which is also the most westerly corner of Raintree, Section One, an addition to the City of College Station, Texas, according to plat of record in Volume 373, Page 461, Deed Records of Brazos County, Texas; THENCE N 42 14' 12" E - 1207.01' along the southeast line of the said Boriskie tract to the center of Wolf Pen Creek; THENCE up the center of Wolf Pen Creek with its meanders as follows: N 56 31' 27" W - 109.07 feet; N 19 59' 12" E - 125.28 feet; N 83 32' 33" W - 82.68 feet; S 47° 29' 13" W - 162.71 feet; N 51° 12' 51" W - 129.21 feet; S 63° 25' 33" W - 173.79 feet; S 19° 55' 21" W - 100.52 feet; S 74° 41' 25" E - 100.02 feet; S 29° 35' 30" E - 55.28 feet; S 75° 53' 05" W - 168.59 feet; N 60° 38' 41" W - 115.56 feet; S 70° 26' 51" W - 115.20 feet; N 2° 55' 31" W 112.42 feet; S 87° 19' 38" W -,546.93 feet to the northeast line of State Highway No. 6 (East By- Pass); THENCE S 32 02' 50" E - 693.00 feet along the northeast line of State Highway No. 6 (East By -Pass) to a concrete right -of -way marker; THENCE S 30° 01' 28" E - 325.08 feet continuing along the northeast line of State Highway No. 6 to the POINT OF BEGINNING and containing 14.27 acres of land more or less. Reservations from and Exceptions to Conveyance and Warranty: SAVE AND EXCEPT, and there is hereby reserv G rantor, her heirs and assigns, any and all of the oil, g as and oth in and under and that may be produced from the above described real property, together with the right of ingress and egress a and times for the purpose of mining, drilling, exploring, operat developing said lands for oil, gas and other minerals, and removing the same therefrom. Grantor, for the consideration and subject to -the reservations from and exceptions to conveyance and warranty contained herein, grants, gives, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise 2 Va( PAL: 46 A i 0 When the context requires, singular nouns and pronouns include the plural. j VIRG IA B£RMANN 41 /kt 43•IOP4 H-r -9d ' belonging, to have and to hold to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, successors, and assigns to warrant and Forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations Pz'am and exceptions to conveyance and warranty contained herein. STATE OF TEXAS 5 COUNTY OF BRAZOS S This instrument was acknowledged before me on the L day of 1993 by Virginia Boriskie 8erma n. otary Pub: c, State of Texas �* Wh.S,TMORNTON My commission Expires: NouryWhuc,9uaotiwu IAyComnCattxpml o ,,.•' APRIL 30, 1997 i 1 i 7 Z 61 -A 3 49E38=.; :?.`47 Doc OR 4371 295 Right of Way and Perpetual Easement This Right of Way and Perpetual Easement is granted to be effective the (_`l�aay of Cc Conl 2001 (the "Effective Date "), by The Lydia Boriskie Partnership ( "Grantor"), whose address is 2401 East Bypass, College Station, Texas 77845, to Mitchell Gas Services L.P. ( "Grantee "), whose address is P.O. Box 4000, The Woodlands, Texas 77387 -4000. Reference is made to that certain right of way agreement for pipelines and other purposes, dated October 4, 1993, between The Lydia Boriskie Partnership, as Grantor, and Ferguson Burleson County Gas Gathering System, as Grantee, recorded in Volume 2D65, Page 120 of the Deed Records of Brazos County, Texas. The right of way agreement is referred to herein as the "Original Easement ". Reference is made to the recorded Original Easement for all necessary purposes. WHEREAS, Mitchell Gas Services L.P. (herein referred to as "Grantee "), whose address is P.O. Box 4000, The Woodlands, Texas 77387-4000, is successor in title to Ferguson Burleson County Gas Gathering System and to the Original Easement; and WHEREAS, The Lydia Boriskie Partnership (herein referred to as "Grantor"), whose address is 2401 East Bypass, College Station, Texas 77845, represents and warrants that it is the "Owner "; and WITERIBAS, at the request of Grantor, Grantee has agreed to accommodate Grantor's desire that a portion of the pipeline located on the Existing Pipeline Easement be moved, subject to the provisions hereof. NOW, THEREFORE, in consideration for the premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and subject to the provisions hereof, Grantor grants, bargains, sells, warrants and conveys to Grantee, its successors and assigns, a Right of Way and Perpetual Easement (the "New Right of Way ") described in Exhibit "A ". This grant by Grantor to Grantee expressly includes all rights granted to Ferguson Burleson County Gas Gathering System and imposes the same restrictions and obligations upon Grantor, as *e "Owners" are subject to pursuant to all provisions of the Agreement, except only as those rights of Grantee and restrictions upon Grantor are expanded by the provisions of this Right of Way and Perpetual Easement. Doe pR 4371 296 The following provisions shall be applicable to the Right of Way and Perpetual Easement: The Original Easement will remain in effect, including, without limiting the foregoing, all provisions of the Agreement. Within sixty (60) days after the Effective Date hereof. and whatever additional period of time may be reasonably required by Grantee to effect the purposes hereof, Grantee will relocate a portion of the presently- existing pipeline as is described in that certain letter dated September 13, 2000 from Mitchell to Tetra Associate, Inc. Grantor grants Grantee a temporary easement over, across and under all adjacent property owned by Grantor, for work space for Grantee's relocation of a portion of the presently- existing pipeline. The date upon which the relocation of the portion of the pipeline is completed is herein referred to as the "New Pipeline Date ". 3. Grantor grants Grantee an easement for ingress and egress to and from the New Right of Way, as necessary or useful to Grantee from time -to -time, across all property owned by Grantor, for the purpose of Grantee exercising its rights hereunder. Grantor grants Grantee a temporary work space easement on and across all adjacent property owned by Grantor, which may be used, from time -to -time, by Grantee, as necessary or convenient for Grantee to work on the pipeline. 4. Upon the New Right of Way, Grantor grants Grantee the continuing right, from time -to -time, to construct, use, repair, inspect, maintain, operate, remove and replace: (I) a pipeline or pipelines for the transportation of oil and gas, the products therefrom, water, and any other fluids or substances, and also giants all other rights specified in the Original Easements; and (ii) underground communication equipment. The New Right o:` Way may also be used by Grantee far any other business purposes necessary or useful to Grantee. No minerals are being conveyed hereunder. 5. Grantor represents and agrees that no damages or other payments whatsoever are due or payable or shall be due or payable by Grantee to Grantor, or its successors and assigns, for Grantee's activities conducted pursuant to the Original Easements or pursuant to this Right of Way and Perpetual Easement, unless caused solely by negligent acts of Grantee subsequent to the "New Pipeline Date ", and Grantor releases Grantee therefrom and agrees to indemnify Grantee therefor. 6. No construction of any nature whatsoever (including, without limiting the foregoing, privacy fences) shall be placed by Grantor, its successors and assigns, over, under or across the New Right of Way or within five (5) feet on either side thereof. 7. This Right of Way and Perpetual Easement is granted with general warranty (including warranty of title) by Grantor and shall terminate only when and if a release is filed of record by Grantee or its successors or assigns. 00759306 OR 4371 297 The covenants hereof shall run with the land, and shall be binding upon the successors and assigns of the parties hereto. The failure of Grantee to object, from time to any activities of Grantor and its successors and assigns shall never constitute a waiver of Grantee's rights hereunder. Executed on the dates specified in the acknowledgments below. The LYDIA BORISKIE PARTNERSHIP MITCHELL GAS SERVICES L.P. By: Name: i f 'e v1\ - a W^ Title: In (ak r By ad �— J, W. Varner Senior Vice President STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on this the —a day of 4IL-4g 2001, by -��2 — on behalf of The Lydia Boriskie Partnership. HICKYM.FUWS p MyC MMISSI2DD3PIREES I �s Signature of totary STATE OF TEXAS COUNTY OF MONTGOMERY This instrument was acknowledged before me on the r� to day of 4in-dtedoartnership, ,2001, by i. W. Varner. Senior Vice President of Mitcheli Gas Scrvioes L.P., a Delaw on behalf of said partnership. S. D. REED (J � Nmny RtW. BMEr d t[tlU 1� C ' e0ka SEPTEMBER 78 2 Signature of Notary , QD2. Doc Bk Vol Pg 00759306 OR 4371 298 EXHIBIT `:A" Mitchell Cras Services L.P. Line 151241 Relocation and Inventory Permanent Easement and Right -of -Way Lydia Boriskie Partnership Being a centerline description of a thirty (30) foot wide permanent easement and right -of way out of the Morgan Rector League, Abstract No. 46, Brazos County, Texas, and being out of the residue of that certain 13.507 acre tract of land described by deed to Lydia Boriskie Partnership recorded in Volume 3639, Page 64 of the Deed Records of Brazos County, Texas, less and except that certain 11.50 acre tract of land described in an unrecorded deed dated June 2000 to Academy Sports & Outdoors. BEGINNING at a point on an existing Mitchell Gas Services L.P. pipeline within the residue of said 13.507 acre tract which beats N I1° 54' 53" W, 38.89 feet from an iron rod found in the cast line of said 11.50 acre tract and the west line of the residue of that certain 13.507 acre tract. THENCE N 26° 00' 33" W 568.00 feet through the residue of said 13.507 acre tract to a point on said existing Mitchell Gas Services L.P. pipeline for the end of this easement which bears N 18° 24' 08" W, 70.10 feet from an iron rod found for the most easterly northeast comer of said 11.50 acre tract and an interior ell comer of the residue of said 13.507 acre tract. Total length of this easement being 568.00 or 34.42 rods. Bearings based on GPS Observations U.T.M. Zone 14 North 1927 Conus. September 14, 2001 a o P z L �� K» m 2 o x z o -H a o fayL.i+k,9 &t ' f W 9210 Cc� 3 Lli 4 oueceaaera or sesigns, may at any time lriy an aoditiongl line or lingo of pipe c.ici.__�eide : p c; alike coneideraticn :or each of the :first line, as herein provided upon the p_y :. additional line ashen laid, and oubi,eot to the 9&m., rights and conditions. SF-id Comp ? -nyr aK n3 }: its successors and a.seie, to :lave the rigkit to ohnnae the size Of ita-pipes, tins dmv.aa5 ?, k =` if any, in vakinr such change to '00 g?id .q the . d nu'.Lle Pipe Line Cocprrny, its auc- ceesors or assigns. Humble pipe Line f , ompany, _;;:ther agrees to bury and srainta•in all d '. ^ � • `e i 1 1 1 1 1 1 irf`' r a not Lot with the �.:ltivation pipe lines se and drnln ° -g +. Of sFtu lend. 'in Titress =nereot I have hereunto set my hand anti aeal this 210t. day cf July, �3�si'I��E,F s rauk uis:ati8y. i Tae State of Te X County of Brazos. Before me, the undeealF.ned authority, on thin day ,personally? Y..Y,y S:.red Frir_ St:- Sr•.ey, „own to u.e to be tive person w:.Gae ne_e is suL :t:, ribsd V the )^ rarercinh inatruuent, srd ac? aladyc _ :a I :rtc•;te.. Y ^q uop:.e . the rurroseae %- ccaeilertt'inn therein expressed. Giver. tinder my hand and seal of office, this 219t, day of July, F.D. 1919, 71. Pctary Public in and for Brazos County, Tcxss. A true cony of the on #al filed or the 26th. duy of JuIYy A.D. 1915 at Si20 o ?clock A.4. mnd duly recorded on this the 2Scth. day of July, B.D. 1?19 at 2 o'clock p.i.. To which I eertifyl H.C.Fereguson.. C.C.C.B.C. Bor,utq, i i For aad in Consideration Of the sum of seventeen 8 07/100 Dollars, to the undersigned j owners 'aid, the raeeipt o f 'which is hereby eokno^.siodised, the +andersigred Hereby xrrnt to H4ble Pipe Line Oampany, organized and existing under the laws 0, the state of Texas, jib i r suenessore or assigns the right or way to lay maintain operate and remove a gips line for the tcansport;,ticn of oil Or &A-S, together xi:il the rightof Spgre at. an- egresz on, over QS isnG tisrrn_gt the foilcnirg described lands sit see in Rraxoa nounty end :tats of Texas, to -wit; In the gorgan 'lector Survey. The em -id undereigned owners, their heirs or aszigne to fully use and en3ay t h e said premises, exeepu,;na the s &.:c u.z+Y 'K­ ;•T:..:as:.:; ?cr `: e purposes herein grazted to Hursblc Pipe Line Company, its successors or aeaigns. The said .9•mble Pipe Lino Cnnpany, its euecesscre or sesigne, hereby egress tr.-pay any ,e',7bioh ni?y.arI_ :se ficm.,tkje laying, cairtaiY.ing, operabinc, or resoving said pi's ling said damage, if not:- mutv"�7:1.y..ag�'eeQ,ltAnn, , te.�e ancert5lned. ?arid dstprmtried by threw' disin- terested pPtinied- b} the owners 01 said lards, their heirs cr i assigns, one :icy AUthA� T;yt� CbriY, xx� guooe�scre or aasiitna,, ea.i the third by the tyro :;so ap poinlF} ¢Bka3d�ry't�33ns�xAb,.til ee persons nha11 be final and eon' S;36 c uei.ve rt is }mr�ka a n r=*^ a fit} $ rsei $kkat S;36 "uitbla 4 61ne T lid Carr.:- ^'r; its i or asiFrxt m &y�°, d.3tLY iD"�lZ2er 1� of tine alongside suone'seona j "} Sim nt : av65ent oS a 1S1re o3nsirsration -for e.oh o' 'tie slack _ ti &n ,hT a u 7 tSai3a1- •�#,'��.�� hen' ��' K'��z� •� ,�,;. s� � ��� s �° �. ,-�-,' .�.��+ � • aaa ��:, �nw.• a�nM�: a�b3���� ;tu�t�ev�F�...�o:.tn �.�i�,�';i;he de.�. DEED 4 9 t 'S4 _ u a is ,WP IL CATS COPYRIGHT HERN i TL°7cAS J; In witnass s, ;ec I izxve hereunto'stt my hand sna seal,tkafa 21st dap of Ju2:y 3838.. INC. Y .,, � V.>f.Boiiekie: q �llfllh �. J i The Sr,ste of Taxsp, [ . 1 County of 8r^.zos. Before me; the undersigned a tfrorit? t<m this. day.gereonall) :sp . - . ( pea :a rsd F.J,Boriskie, knon to me to be the person Whose a nam 3s'epliscribed to the:Yoregofng ` instrun.:ent, a.nd aekno- le3gred to me that i:e executes: the szme for the purposes snd oor4. I er:mtion tau air, expressed. (liven under ay hard A214 s$zl <. ffiae this 21st. day of July, A.D. 1819,: c ?rant, TOtary Public in and for x."azos County, Texas. A t'rsa copy o f tie ori;Jnal filed on the 26th. day of July,A.D. 1919 at $:20,o!c ock 1:.i. i r ;nd dII)v recor ed on this the 89th. day of July, A.D. 1919 at 8:80 o'olock P.:a. To wbich � i cert. , 1 0 The Sta of Texas. 7 County of Brazos. X Befcre ms, tb undePSigngd 5u fioxi on t(c3f[ daY pexeon 11v F a,- ,paarad E.D.Ca>2J., � si~nd wife, Xrs. Lily Car11, k�TIOaM' 'a•vm�r•¢z'�A° E" ,B+9r' 'r, ii tfisE 3�•mn$ �,E . � - } ) �4 +l_.• x . � '�� 5 `N"�•j .��y L •iRy N "' YeY�h Z�d�` 2 ; h 7G 5 �?tt'"'Y 43§x,.'= t 1+�tny"� ` •wq / SiI'x� � c .Y,'i�e�. 1�*'i '.Fhw. Y•tya•5!!' r� i r roe+ r <' ..;5„ ..r:, . t �v'¢r BY liE✓.t /�Cf/f/�LG/T Deputy. i U ` a For and in Coneidor_.ticn nP the sum of sixty eight and 65/100 dollars, to the nn9arsiGs d OFn3r9 p'�id, the reoaipt of which is hereby ackowiedged, the undersigned-here— vi « «; rhea lkva cf the State � I 51'iI:.L, tG 1:4.uv1V .ij.:. ✓ a-... .. ,. :�, �G3 .._. .-.. ._. .. i. r _r9xr j o" Texas, its successors or aesiz Vas right of way to ley, mz:intr.in, cperate asci ramous, V pipe 11a. _vi t,.« FnsFCr4 tic» cf .il or g >6, IinP, together with the right of ingresE" ovg_ an, thxo'jah t *e °ol'vvixa ..^_sori'•ed ;,nde eit:�'6 in Brazos County unS State, o f 7ex36, to -wit; In the Thos. Caruthers survey. Tile staid undersipsd G=ners, j L as the se,ne may be i their ,airs or assigns to fu11,• use and eajcy tae slid premises, ereep; i n its euoosq- :or tberarroses hgrair, xrzntad to the said ?fumble ape Line Ccmpany, neassismry it!? or F-Sn Igns, hereby atYrefo� 3c•re Gr is L•ds:o. The quid Humblo r'i ^.e Line C.OmFany, e>Zoeeesore i , j to r;s aT dawa3es, vi ±ash may arise frcu the 1,,ying, mainte.ining, operating or.remcping as.10 by 13 pi -e line; aai:l d£c:raze if roc mutLaily agreed cpon, to be asoertsined and determined { tame dasarteras tad persons, onw thereof to be appointed by the snners of s;id 1m,46, theµ 4 i yy the thi#y, - 7' nlirs nr N4f �• one by Pun:bls Pipe Line CO:pah ate suaceeaora or assigns,. ati0. ? b tai: ..c ac appointed _e t.ieress:id, e.nd the award o;' Poch threo Parsons c,:all be final , and oonolusivts, It is further understood and agreed, that the said Humbl e Pipe :Line, Com- " "'t any time lay an additional king o.r lines of pine pe„y, its succassors ox aei8ns, as herein upon the payment of a ]hike asmside'ra.ti OA as O -sJide or the first line, provided, far each e-ddition:..l line. xhen laid, and subSeot to•the same rights and conditions S i- - {;. Colpeny, its successors and aasi$'ne tchave the right to ollang the eize-bf ixc pines th � 1 Sr. r sx`n4 such obange to be paid by the Paid Humble Pipe• i,inc 0 %nv ate to 'ry a aP+ ^tat, n3:1 i e ^casss rs cr : aal Ikua.ble Fire Line Corpar•Y, furtb• . - %greet b.a tc 3ntarfare With tae cti:ltivation End drainage Of ett1L1 i7nd pipe lines so as not and seale - •this 32nd 4 gt NJaa�y `3 In - fitness whereof we have hereunto set ourlhande - ' Isle. Mrs. Lily •Carlii: P. D Car13.r 921( aa4fid ice', }n4nrr�a7� A.w�er�ey , PW 7 W M 6 FA 41 DEED 47 ........... h'- T Way �c 1", maintain.. o re0civ ':a- pj�wo- �Ilme Y . successors or assigns the right 01 pers. for the transportation aportation of oil or gas, together with the right of ingregs jj;tsis, qn, over and through the following described lands Otuate in RMZoo County &Ud_$,tAte In the worgan-Roctor Survey, Thp- N said undersigned owners, 1-heir hakre or sss1&Us,, to fully use and enjoy the ouid PKomiiiOss except as th s eas may be nsceiass;xy f�? . ; th e pur;- r. �� poses harein granted to the -'-1d Humble Pipe Line Company, its s uoresororm or J*sigpq.. The S1. so.1d ?suable - Line COM7 its successors or assigns, hereby agrees tP PSY any da(Asg-e'B 'which m4y arise from the laying, maintaining, operating or removing said pipe not mutually agreed upon, to be ascertained and determined by three disiylZagi3btk damage, if Persons, one thereof to be appointed by the ctnera of said lands, their heirs or assigns, its successors Or assigns, and the th!-I'd 'Py the two so a p* - one by Humble Pipe Line Company, tinted as &'orisaid,and theaward of such three possaw, shall final and oonchISIV5, It is f%:rthtr underetrod an4 s.eTetd that the said Hur. Pipe Line Company, Its suooesi v soza, or assigns, may at any time lay an additional line or lines Of pipe sacngside of the az first line, as heceir, Provided, -Pon the pay of a like consideration for each additional T 6 ' when laid, and subject to the same rights and conditions, Said Co0auy its successors and csal-Z.na to n--vo the right to chain ge the size Of its Pipes, the damage, if any, in rr.&kine such chanae to be paid by the said Hwible Pipe Line Company, its successors Or asei Sno. Humble Pipe Line Company further agrees to bury and maintain all Pipe lines 60 as not +(, J-tp.rep.re ;;th the cultivation and drainage of Paid lands. In Witnese %nnereef I have hereunto set ay hand and seal this 22nd. day of July, 3•919. A C.S.Jones, Tne State of T»xre. Count" �f °razos. Befcre me, the undersigned authority, On this day porsone-11" S.Tylerred C.S.iones. known to me to be the P whose namo ke subscribed to the foregoing- ins'.rumon and sckncvledz to me that he extcllted the 86-me for the purposes a nd oonside P-ticn therein expressed. Giver ubder my hand and Deal Of Office, cjs 22nd. day of July, A.D, ISM W.D.Trant, Nctary vublic in and for-12-MO COU'lit"Y, Texas. T 4 A true 00',Y of the orizinal filed an the 26th. day of July, A.D. 1919 at S:So o'clock A.V.• and duly recorded on this the 88tb. day of July, A.D. 1919 at 11 O'clock A To wl liob I oertify. H.O.Ferguson. C.C.C.13. By Depu ty: ror nr in -cn0.6-ration of the sum of fifteen & no /100 Dollars, to the uudersi9n'6d the unde2signed hereby grant to Bumble - 0 paid, the readiT•t or whiob is hereby < .,ckno..Jedgsd, Pipe Line 00mrs-zly, Org8nizOd and existing under the !&WE of ta State Of T---46, its suco- essors or &9819M, the right of Way to lay, maint OP`0 roto and remove a Vr=8PcrtatIQ1 of oel or go-o,togetber with the right of ingress and 6V&01 on 4 A.. through the following described lards situate in Brazos County, slid In the Uorgar. Rector Mrvey. The said undersigrod Owners, their 0 fbel bt�,* ere*— be a Oe 8 uae and 13--Ty e njoy &W acid yrewless, OYCSPt as the "ma may the said Fumble ripe Lire Oontp - , d3x.y its successors Or 0461 nsed gru to Pine Line Cerxpeuq, its successors or ireby agrees to ay- 4410" - Z, g 49. i.:. arise from the laying, maintaining, operavi - Ugaor remov said pip W k, X, r rd1 r.,.—BA ,.rum, To bA gM, NOT LICATE TEXAS 92 FA UCROFILN roar ]O NC JaL iCGE copy I6HI .982 69EITr1m WCROFILN OF TEXAS it•�. W-4111 1 one :thereof to be,apPOited roy the (r9ners of said lands, their ?tetra rr aesig7is, one oy :?•sable Pipe Line Company, its successors or assigns, and the third by the two so appoi* ted as aforesaid and the a^:ard of such three persons shall be final and conclusive. It is .further understood and ogreed, that the said gurrble Pipe Line CcmPary, its suo- oosoors or a.eaignz may at an y 'titre 1:.y an additions.] line Or lines of pipe alongside O the first line, as herein provided, upon the Payment of a like consideration for each additional tine when laid, and subject to the sart,e rights and conditions, Said Company, its successors and assiens'to have. the rihht to change the size Of its pipes the ftzags, 3Y _ny, in n•skina such change to be paid by the said Humble Zips Line Company, its suocvoaors'or assigns. Hubble °ipe Line Oo))any, further agrees to bury and maintain a17. pipe 11e0 so as not to interfere with the a , 1tivation and drainage of said land. in witness whereof T beve hereunto set my hand and seal this 19th. day of July,1919 J.K.BOriekie. f" The State of Texas. I i. x . on this dsy personalIl M County of B wzez. i °_efere ze, the un ,nn.. a uthority, .'appeared Joe I4.Boriskie, 'rnown to " to be the person whose name is subacribed to the P .Yt for ®going instrument, and mcknowl6dged to me that he executed the sae and t "c,e Parpcsaa ��h F and considematic'n therein expressed. r . • A Given under my hand and Beal of office, this loth. day of July, A.D. 1919 „ (SUL) LWsa.r, 2ethea, V(" ry Publ:e is and far ?r`z.8 ^chanty, Texas. of July, A.D. 191• °• xt P,: ?_C o'clock , A tr+.ie cagy of the original tiled an the 2fth. day o. Ju_Y, ;,.rd. Maly rsao;•ded Or. this the nth. .lay of July, A.D. 1919 at 12 o�clock ;u. to y �< H.O.Ferguzon. tl.C.0 S.C. q \ d — CA , uty. For' anti it ooneidrfs icr, of t o mum of eighty e,re & 0.7/100 dollars, to the undersignes y a�^6ere meld, We rev :es . which is ce'reby. 8ckpwlad ; °d, the undersigned hereby brat to IiltYrbFe'Pi I,Ars'CoParyt or�atrY'7od end existing undeT the )aws of the Stets of Tex`.s - .... C o errte and ramove Et ;:ipe Ita- sucoesOre or asa4 ,thD rS�ht of way to lay,, maintain, p w etherxizh the:xight or : ing r9ea ate e, Teas fine Ybr'Eh tahspoi�sfhir3X 42 2 or;�s� cr., oVB t17'eoT'Lo�iW d8' o�'"r7v0'd 1s •A'de•�siLSSate:;i'n�:-Hmazee County and: State 0£ . .- ( ht9 ss�id ascrder'9ig4gd owners, their htTrs .oT ; - �r z;si hs tq u77y su$e zl , e s r< � e�rit @ the serve stay be nede jeary far 'one: s,skr voce t Y T13 ^*'' ,r lr�3".c w a t" � •e t Hu bx '$iyie LYna nosp'art4Y. Sts. $%loaossora - 'Or Me si@6 &�_ A The f;£. id.. �Itl( 7b2• E�{ P. e. �ISei. u�. i�Fi� .I�ug��'K'?eL�rab�g"+.e'Y�� 7 �� au e' c '?rY e'ny- - Fh pit+ eN'K .k3'N' •M.W.X [ J g : �►�SriBmovinsaid pits l l ,'. die ,. 63,;7-5 vi t "w t� z „Y,ur” -in,• mn c ,. y .�a;• _ ss: earns. :., w. - ro gr� ®s. ,} � ht Y he1r3 Cr i3.`!4M`,!"�.C.. . : 4. f Bpi .rJ ' y±a. `A ��. , •4A's' :1?. :'err t m w:+++, fi rstzr. �ee vaux: �.; u. �: aran.. rcerr: 4a .:��.;,�:us::mcrtu�sxmsit+cra �ur ' .s. =ter. - - '-"_ssx�. rscl�ac,•.w adalCt<1Q�"9i T•dC fi c fit: IOT c � � I l ATE YOGW . • .. , . �.,,,,,u 2 !n 'jav` y - ri ��rd,1 U ry.', _ .., . �' r�• > s' ri m xv., SF'a'�frf� "l I 'y,k'• ?� '�i "f TEFYAS ° A `.h t 'k X�1 — tR 'ltA+TtYedrs a' .r i !, �,aJ. 'y s or '�7C fl < <� r .ax fY0:x'„` -s t� s tf i e,1�,��u w u. 3T°ZC : cmnfr a ` ^�tt7C6'6 r ua.. �, .t „ K {M11ltQdrnllm 711ea}Ydrrt nfa0 D4 sAnd 1 aebt.,' Prw ry tYaP4gv'nRa n ?w l e1� Myaoxln d �pp �eYl..aRP67 }�,IQ w: bPnw ` yiAr kPH}nt efg isl 4 a ,i . 4 'PA - A n i 't'M•PItY f „ PN.N M4Y bP4nl.at 1 R 1�e1!Y W IPM bt :11i. x pf� ti. b •W NlWV LN hl.'L1rrrYWM n0 ii YMDt f IWWi ':� Yl' - ;.���-', - °id7 ' y,Ktiaa[prW iOrlbdEEPdd.'' Y�i' 4, 0' iittMtVY ;stsNbl4tf^sM�cy( +..sra•A:Y PAUrc >tw'nsy l¢�1•tYPy.M �tM1tancemr NSwgvH+.w m.l,stP� r rfiR NPPPitrynl.:'PePd'Pra,KJWra.P 9fY 8 pf ri6sn6.'.�9id Y NO b rd. tf'R” ti f 11' .� Yk;sni rSdrpvdSWN!l,n¢„aaSQh Yettf raQ Orjtinda #ta - r �_ ' ''!{ hn•frFm ��aal¢i+ {nrYal tMbptlo,f rof ° a.rtrb +.n l yma H au.;tplroneareP7mM ' ?ngPd�Wr IrHtµ t:Ul st .( trctt+,Prr 'YO f L,yP1,Nr.'.ke trm++lt "t+"+x<rsrvr'ylr! F es -Pwr� �• n/ •eaed ee q5U } YYkn 4n, ww aP'.rt'G'r.eatlrte avltu'�IdI MtX�s. "w x.�M`x. I, ,rr a,rHllPyaF rtatar 1iRAYH. 11YtK GIMN��ikMlMM1ftnt 7r;�dP�Q iMbf �y IP 7lYai`IIM MfNP !M1A Y4Pi SrUP (. 6tP01D' taC 0..frp44,gU I ` '4)'� y � ^PeL Y.rMS'} 4MG1FPfP1 9�A r�jf1 - d. -✓ byf0 µ jr:yPM'b'IMnrlOnAi lfi �eG"WNhthi Ht'br.ib MR dW}Pk�;�P' 3. ,I I$ . �tep. vh gtQrna�ar ar�,i_,'Tw4 } f �r tM6 � , :. s` . ✓ p d s k rr� - -' 3Mo'�14'R>`dPKStiP{'P(h `' j - •y+ry -. 5 'ft } �, rYr7t �i�8o� f 1111 r oLtSCiliiiiirr 4T4 dre oY :,xKhd 1t�i.na sine h'I x rr ! !I f ¢ sitar n tne tsHectbp Tda� s�� ,6�v is t 91u+ `y r. '�e eWd 4d31{j r t s t OM ro' 'S'Et14„ O'�'7,Rrlt9"✓ao3ih'e °8$ tlD ` n ,y`t # Ho�'�,SK3.�0' Ot sS "bS'' ` ...,y -y �� k�LS °fs�..•? ••I i ! '` Y ; eta �a r 'TL to a a99 04 tbi iieoa #agorae bP Brd3' ps' County, TeXds, '.0 y � ` � ? u k x K vdhf�aYi r r8{ onIIe s 'I*pe ft i baP � ip� 1' deeexipti'bn 6P offi ifkMd.' q ,�, fix• - nr.�. fQ {} YY L 1 iX. M �< :.• � - fiS I TI M � - :mr�v zn.' „ r y, a sr • s `� � �. ..�. .. t �. . -...� �.•; ,,..., �.,i '"� w zs�q . p k ' " m ' AND (t l! Mln{L"• "iQ,l. <N N1ttIeYrLHRPYt�lPii'PT'f . 4f3"` "^33r � +r33xi ? 3"Su a - asfr(�Q'tPe+rY ela 9 Y} illdi Wr�ek.Yee+3i3JaaS�Hsr iM Y ' w ° '- 0 'i ctM'PaPY, 9PR et S+ a �t+t4, 3a• a1Kr Perxmr "t .w.n s.mnw r c- waesuarwQemavnseR�S:T x9dF .7lR. ,u .,.•R rx mxcs, +v.. 3�,r �y zxa.. t ill xn{x , ;� r. -,-r: �* `' a r^ --"�' ��.r..r;w....m.. •A a.�4c.�' ,w •-�1 . J� . � ,r... �d5fii•���� ""e k �Wr' � ✓ �`i � .,_a� ...r £ _�.r '}e �� ••YC�>� � fits •7 �,r' ' f Y�„""��r '' f:V� Jr t,�..� 1>+�P � 7 k �f ��� Gtf' I ."mYe�tM+ f T lj.�a/y ! ( ; �I j f ' P s{ aG.&Wn y °'RwE ._aX1iMo- 1 .n..a...��•.Y. -•,• - *. it ^N'KSr" _ 4 . �Y�; � ' � e5' TS roSAt+ � c �,5a � -.�� ,-t � a » .+>+yxye a r r r r . ciUX'.a+•+�'� �s,.• .�e'.rvk k�' ��rf I N .;COiM?Y'OF' '+ G. Yd .+...�� •✓ t } A � 4' ?+, �' YY�++ 5 -Ifl(7 tY lid:^' L Y• 4 r r, '» Y.'f7 t'# �jtP d X � M i'b '' q .„. fr 3.. rxrcyo .r '4 � . ��.. P` i�. �k '�A�G� { - T- 3!u:I,. �' .P 'e•s°ar.. �fJP�".A"&f.rndd* ` !''flk^.tnp � • .•tfFli� .+��r�P�gri'$,r -J 3`'�. Yt � z ..t Ihe•3F... N >i v s : � >uCt3 �dDlt . �. i a ,r ,r � ���t�°�$�.�4h'&rT�d *r� +x �+s"n 1 > c � ..w •s� S 'st�° . w� x � � � t _ rortgar 1 yt '.71ir '}r3'i►Pd `� '� f.�S'iar�`rmthrYn �� .Wr tr^� e � $ s'w � 4 S� �` � �r PrY YdWd.'Kr '..6w Aw rw> �, RiM- Sr'+• �'$ O•, TPa, B�FdsQrr °t*;w'••H+;�f,•r•++'r•'•r'•• -� Y 3' r `dF.'.1.' s n' 't,�. " -t ,.•" .�uad'r `�7P� ;s'� }e',�'bY'.chQ dtda.rtiNyaaflisvYS. ;.¢hia+wo..IaYil�4'a2�" {er�'jP� -+re...P+YIi .. ',� ,9' M f z} a. '' � .:1 :1"'fF� sr«..d Pa'7Ssx .fw ry," �J r :tn n r , 4 ay • q, 1 '! � 'K dr.Nihi y � Y� fl.. FrT -M1 ?W n ,a, S rFe,.i t4l 1 � ,y��".� a ^i1 �• t � � /y � � : fi /lt`rwak4L P x B .�fM`5.�'A'. "Mx••riw� 5 ,. 'V. " I✓ t rrff� ` '�`R,',"!".r " ✓':1 c s� 146-�•Sia r`m. '�' �. 'c•„ ,F a ��� 35 ."u�kr �3' .Fx,.�jh r:•J�. r r r�a I. ,w� f s � 1 s, t v it - F �^s»C 'm�t!'Ry't ; ttr;.ayJ(. 8'C51Fn w.xrfi.i.. 6Y'SFbCYnx3 .Xa dAC'f.w1. '� '"�7�iw.✓�+ 4 y'Wr I "k'j )t' 114•AM�'' s a q y�s.0 xti YYA A''►,Yr '�sx,. a + ,� ^+,.. '# •a• a �• s k°+v 'nc rG' '� t'�)tn scve r, w ni"t a ^t / Y .v !� .>� q«s'+ Ti��'"< '`�r�<s�p.� a �.a. €e"t�'� ati+M�S�e -�� s '>s �' K�A3 "�'�,"t �ri;a k•. �.a���4 :� A "y?k s »✓ •� .r e t{ �' ' rS.t,P,u;,`y�.x, n a: ,�a r� {Jj� s; s"F,,�'� A A P mil. trdtM� 09fPCrItI� % ^ . ' ( {'^�f'�4C. 1.f i I 4 Yt>J3 • ry + Y4�������ff���%�; wl `a�c^fL ^ �) eac tea w"'wut as`P�'�" "I%r...,...i� fie lore 19. �iuNf t edn',PnYx,aQ • "'� ` i3S P �` )Z'r'�' rys x �xC r'^r s" ^W �i rr" �• '"';�'s, =r. 'ra` a.. .4rc .� ' :�YP�ls�l g nYa.,,^fi'+°Aty�aq�aLYl >l£t�v� r.� roP r�sr u>+s(d,6�'i/'rt.&w�w`�Jy> L'L i•Jdf • .,,,,�,�, 3 DIY �+• (- - a, g, r � w sl,t a A a µ L fafF'> vtr aa7°.aa�ur ('tY! .rnu. +s u . s3� '�d�d I �' � ._..._ � �.�..�• ••� , �>ew� T . ' ` �r is s,�9a`' - r!"kc �.�. .� r' r"'va'�.. d.. s•, .0 ...:s,:r.'xr.' as _ r. Z-za� .xrnu;Y3. .A..w>.+ 4 "' -• w b -, _ rxiGS• +r `•:r. z .:ara'xnwa�a: xre.Y.a•a';a > ^td y7.sM> -e'c� nxn- sr✓�w's+. x.aa"ine r - rr . �..: +s�i., x t+' r a� nru sX•'t"r fF. - . - -'Js0 fltl =:x �., 1• 1 - z' .d ° < §S vt2''x "r{ a'•'„y'_ 6 ^ n s ` atf'sY'FY,. t4 "1"' , •!(XrN'"e A>Y }!{ a• P.n.LWG�� 3 Mr A y., t '^'�. .1 ••f t �. ti .,E.._. R+'M•�ra s ^urKyyisa Rf 4 1 :, t '"'"'_' ..�'.: k . tiarlwrrwaaPP rr t nr �ee � � , '�':�rSF�t+• -o s ,s �`* P u'Yi+, �i \y "'; :tiOjak'r .T3t}� tva'^, a {'�.'r"r "MSr'fis9iw �J ?z'W m1Y 1MWtMNQeItS'sil ' f>♦1117Yc.4 F �� �^ `F •,(y .tau �r k ���� t. ?'- ,l".p^'+..- r"' ?"'.sF'^t r a .s; , W rji `�'r�i.'S.'O�,:li'd r€a r.r' ✓•m, 8',rf�7-'fie+�i r °,�H?.o't"r f"iY # c?' „„x r f-�` •�'r..,� M �` ;; J,�4� ... , -F... F sJjtiW3' q���.e - F- -+s �r*-• r �1 ' i T.' °� Ah `' ry,+ -c �Sa3 rH .5 . r dr'fi,t"< t� r,;��"aS� r++r �N - {. .e +..x r+ Jx ,.f 9rxr •r+.A ,r ><t+ as r �. t ,,, j 6 4;.�`�''��'. r r>e yr• ti �' e z Yro^ 4 .4 � v z r � a ..,� a,, t� '�4 rcrs / ar T�' •t'`2sTrf a"'�i+� Sr�'� �d rat _.__ k,f„ea. _ f ��",. ? <�.�:.. Pr�E�Bs a ” s �,�'�4r���"`u r���`� "�'!��• l.�u'p�>'•. «z -n.•< rz. .w xv. .>ra x.� sic s:"y5' u ' . J ...MIE r ' .:' r e e t ,'x- d� � s x ; �F ° ,t�. "`rr' rr �: •i ry X f '�' t " ' � l " �� - w a ., :^ ."... - .,SLalata_?'g x x n,l'C 't .[ Y' Y",�k3'+rb f' si.•.e.+• 'ht +Yrosr:. xS'+1� r r �^ ,wkf ,� i r- `cis Q'yy, P>ynrye r ,*'n"t } 4.nY.:Y x •'�i'ra.t�. . i .•.A,� ` c.' -+Y Via... h � n+� '� ,mor ," n;9r �aN �'y .•,, r . £ ,t'y _ v �'y..�($in?�ll F :- '+.".:''n ar$"•�u� X '7'ry� nom. 5 t A � ' .�' .+ t��-9 �1Jt .s• J .: . , a: .. ..rh'_3�+'k -T'' t f v. f' i ,.;, ..s, - YJ, .r :..r.,h u h rok?`r7�.,c:�. ,r. _.....ri.�fwf. L .0 <,:�" .•'� Ai p� ?iii �� S ' ..Cti'LS,e• r . ,a::.ska"«.iu...._ "'i`'"•,sty� - !4. „rrr�e,^a'sS.w.'�' ^w- .. ° . •_ a� � spa M r L, 16 r ,. ':,4w •^ Tr w . m'v .i,._ ' e:= c•^ , COpYRI{YITF a'ka d nr>•,; - i � cvg r bY,a� �•oSt�, >'Gae' .Sr (f. i ?r''S:. '� �,,s �, ��'s � } b ,r - � 2F aryl s f +fa i r.'��r7�t7' „�� A h xy* '" ° • t>,,' .aiF;,r'� r .>..wS . - , i9CR�x� y i d ; eTq`BrW."MMAU. -:w s.+' ..; `, �, ,,.,< !•� irk., k. g TEXAS tilr iw aui:'{Y •or H 8zna . 3 i.9wr xli siw?„YX'�'i'�"'i; .t - ,4.> :.:".Y3 in x ' #u -lv "�?,c� rP n ,x p�•9:?C �' S "�` '� Th.N:7n a E a or ! # , ,r ,Yt .'lbesntl 13a;c s"ki, liar .etGas�!Tti 'S�.$T8� r ��� .+i'iG :. „=„�� �J�... iC. +`✓ Si. �' I , dedNamneln � o2�.d»e:9atlu:,. d.nii.ei:. �.iuuu mY� tr�"�n� iAe V �f't'+ H t�'1}e eeAnt�esZu'�at�fs21 �tr iin�, -r.. ���a�e' �•rt1O.`i'.Ipf• f - •` �' ', °� • }f+ ° r. H�.;:s:�'�'? ^.:3yPt�.i;.:1• '�. ron ::nm�s tttFr at:t .. Y'....xY ei . .. +» a qa n •r. a // 44 c-. ;:..... Wt .. , x z'-•' g � ,rMr, r �_..,_.,_.. • .>r k•.nW.wWn tl aprbbaetr MJai�idieMbfia '•inna:: Itntnx�:,bor'la•��Z•; 1ni.r`M' +nf3%ri#C� } rima�dn (aF Ssied�nviimrx'ert!�fi.aMeeUt`A^,t�� ,e}d';�{. itel: tmurxi n rvinr':mm ar• 7tt?""Ye. srdw '= ,aknY� yov ° ).era +AUO {t�iii� ;v YIa �i7�i:i1p Y dntliN�¢�n9tenne�RlmlMt n ! ,� r��'i..., h'z•;pu .r 7i �' ?;� b ;;. 'w• t �i�E .rn:aaktM r'rida ere•n W axYa;n:.Nntf�`�'� tnn�h�.bnk��eefoefxmon�n ay� ,+ itmr •rim' a;e,o�nn - a.,ho�.niih n o•n Y :. ���. a Bead Y.niMiseklwb, 4., r 'f�bfl9iM,1'ndY• 'ate un*sae ki; . �T,t y'f +, .dG"i5 mod' I � �aq� rgt�i +.. . 7 TlIde17e1r� ..rlfmtFdW xtheYekq� t03Mim'i{euS +.ad nkn oiik':N! ua l7�iniAi'%ne � '. >�, } 'Y y, - *S{ aria { 7lrpiyy roi<�en'J.rb tnnvMkgMhr• �py�y �T (mod �` i Gn "-C �i, +ed �M'M xt,e k > .at.tN.n 5, r . N � :t I a UJk k I(n !M X.trrn N11w1iY7r ^eM i twr.Vr.r q . v `sue. 1Y�• f _fe 1 .., . 1';( { f _..� a.' .'v�, or v,n�Kwnkr r u'n w+e eert�e ' �' t rWH•nw - a�o�rAi�•. ri �'k�s�,'L�t�4 }�.�" ` r Y .`''. d�r' ��trwr� - - s�.,.,'�.7, 1 �u t � M, • M.. hnremeni u- FNIaW,.iir r r�„ � � �r�`• ta �' �� ( 7 j( )7 •'"'rFw l� .: S s a .F,+ a - .y Y !t ?'r�Fn' r�i+f +a8.r)+ #t r'd• MI ��: � ,.� w' G .� s .t t p� . • r'wav , �, y w•a t �.rd'e.y [..2�”' `t AfS�>iur� ^�. 60 bores o"P 1drd oriL'.'of 'h• 0 11 Al j,_ t ' r a+ t a_ ice + Y �{ t g e • ,y +u vV,Y glV�••i7'�ZM 4�itLL S>+� �' :,eh i•iic >u Z2 �.6+^.w ,,.^. T i Q . J {. b� dR".S�'y'O .•8 r ' : ;c; a .t recorded is Vol, .M1 �h � �. �•! Vol 48 p�gd .e e^.ce is here medo °at• . r.. � ?r ! _ y q � ;4S :Y t A n w��'•1'r'+RF.C. m 'y�; _ a ( 1r .Gr ��a.y T t . jy 9 b a.t • dr IX( � l,. + ,r,i'�' E' r �S' r '!. �aF ! .T• 'itf{ i�+. t 34'9+1 ?f -�llk U ^•' �Cqx }�• ttocee rf, a� N�a� �j. _ J � � L.� t^f . f�Aet 5 M c , C{Y �H1(: E2J'lr •. GTdvn'tie Yr , "' ,y X g " n�9I� S 1 3 . 1 _ N fY.�i •wt f 4 1 Y G F. 1 1 •'n s, .h s _ # a ,A.4 $u' - �' yr €�fi,p* '�. Yr, ��Yr,"7R: T'r'{ 1 rr, rs.nerer MW f,.^,L4: SIR ''.j: b. lu' i y• Ca.•M i�', '�,.m'�M't4� _ �!� M,.... j o«pA ,u ....en vs Axv To Now, w,, iamb« wino u'Srxf but•.4Li.•da+aiirtrowJ.r ' inGAUnnwK . ra+v+mr wra.w�����1p�F' -r x�t "tea• hs wr a «,nk.r wre � � 2s'` '� �y rdd .nn,.r., n.ra..nt a nn M umr .n >a Jen . an ..a ruarea er:xn t�.in/ m -�eJy +n.ds�iar W 4r..ve�� � ✓Y' ''� ars '� L �gp ^nnr Yaae oltthptr ,pardNa•aw� gip• _• "+nt �e.nnrrr nune.nid i ihn n herds ceawneA d3An{ roSboaiir w lyde „, . ,, � .a,,.,.,i o -"^� 'Y#�..r "'�' � i .. _ .wn..,. _.�_._� .RStr.._� ......w..� �"'AC rs �s��., •.,�t�i.�,.++ -., - ^..a'° .TSo�•t� { .o ��•,a >'� 1 �'�t�t r F •i ., .. Fv, sn�' _ v .--- .�az --r. , . ....r_ - � -� 'cx• a rra ,# ^+.v -. � —_ � ra n ' yY "�Y ,�� � sOITtT�It, W1l,B'8 8t •.»wTS"�a�ib�� .� � x' ��.� t •,r1 ., , c, - 1 _ - ,, FCATP OI• TFiiA9 � � �� � � "t a 54 c 4 - ,.r'L3 •xn•r4t.Ftx t - M E Q cou;; ov ' n.ferc m:, tee under'heN aulhelitr en iNr oar w n••n) an/r�pa.irati+ `— ' B i- • "; - 3 In h -..•. mr.o „�f ehrr r.mern).,. .Aa.r._..riannWd. ietine alrevU�vs' +'Ieeje•etMiA _ • , n „ r u'%ry3� �,�: r . r vsrt *>i - 'm� '1'� .n.- nee.i dn+ii:,, e- k.rem- eaa....e,- ..A.ra..WS -�.. - _..:..� .. . .,..:.•i••. r ..:�.x� ::ii . 4 w 4 a � T �� ,, � •v 't� A. ” ..: ✓. t� 4 sf, i hY M n<f !iv and evert Irani hnr herhend d A t,x the M - in�x�vidAed m, hir'W aMtY ina. tA!pNWp.Cy6� ^ " ., ?6 n' `+ / .� M a mw.ierr.,i.�ixewl� awoe.a. .na 'he< h el ixix d to irumi t < 6 he Aat and daidr ifen'AMIrtM'Yb7Na'n • d r'1wM•aa q ua' •. ^ � r N � Olvm eMm mY Fend end nW er wHler. IhL. ins...._. .- ..la)....,.....- ...�... feY' N,,... �. F .I.As..'..+tii.•^'�.""'u.s'hTe� i }•kc.'t y�u^r•. anx +gin ' „ Gq - � �x^ { $�L`h�x,.Llt'k u?rtt J a fi 'yti } • (Seel) iE'wz* - "922u2 T M,!r 5X o.t".a+ °6 Arffa�,e F tYet•YSI�i'.td�i" ,�f'. iYS�u361 -;. r1"tiN�: - i fi7 ,� �� �s+ Y#mYlnvrf( netc�olVa5s2,dw1�1' zr� ”` °`s t 7,� r 4 ya• sy 9 y ^sr ) `. i w5y "" xA 4t i STATK OY TRXAF w Brazos } r3 k cr'• `� = b.. +{S ra)usry or n l. ', >;: .h�iXy. '3'A 1 «. ,.. ... n..,..n.e.d ..,chew•.. rhM a.r a» ++e.ih .n"rated .. .,..5�'kf '�` .._.80.T1�'L ^''y .,.:. .- 4#fweirK a'+„ '�, ... .�' _ r ,I a a i .uw,.� .oir� nob n.,,waj ._.. �.b.z - .w.rewe N•tw wmraw ro�i..a..4.+gf''`a} y �,��'' a.,�, � fi � -. � -:. T, a dar..,ion n <t n . renria: �a_ `Ya.E h nr,e enn.r n.r n.Ml ­d see, .1 ,ark. tnu.. ...:.•.,,...Ze'�AtdL..,_... ..w... r5.v"� ��+A�•'i'i"k .. f _ r .N ....__._...___...r_.,..._._�:r llaid[ValYliAi AQC3�6WLE37.7 - �' lilUleC • +9ATR 9r Tm A6 / } y'' cnvei•Tr a y ': R F t < 5t x�. JA.u....w'i, --�a + ' r �,: w n,. ,,..uoee ra a 1 .ux•. Sw ,io F6r x.a}akx In.tamw.F„ {ed'�vYe'lMSdufl l6 hk {�.i - r .•x'F' .c iiiY 1 +.a♦M 33: aWrs� A !, wµ a � - p,r/mra i mr? iawrUO .re 1:, cni•:•d>al r• j - ' .t 3� AA'') Yk r �'�,,, fE" a � 1 �� o: mrrn.dn��er m�•hima'.enaygl -ur arse °iei.._..._ ' °x F g a`.Ss' h, ,d; t• r r' s 't T'g ' o 1 yY '£ ..•- ..1•i.e -.•t.r ,, ' / vf• , t kb � _3' ..,.,..,., 1d!•!�l+T , 1�,i} s•Xa'� r- "'e '+a°enti• .rt 1 ?R* t 5 I ., ,r... -x-•- 9.w�i1'w, Ntn•+.n'"ifK1YYt � s _ ^i.. ` + ' �1Fa wtFaY3�t�'e•xa d h sY yS9Wh �+, �'7PX7!'i � ai4kw i ax�r%+S'r �' "�r"1 .. . ..• tz , iL ka'se . ^•itE 9Mt v_wrh. .a, m ' +` aw .r r A"^ m xn, .�' ✓ez s K. ..se. � ,.,_ ik k e T t o i .. +'! ..s.'.... • �" L'. �' +w•. , �� ^ �� YrtT � t � B �� P��^��� � � +a,ii i"4i�nn.ct�fi��o' ^,a.. s - . �4 i� 1r: �,�i :. t .mi. � "„���.x --r-. �'S{?�. �.�d ..� a �h I "r�z�� a r. y n �.��m,. aw, - i +� i31 $ r tTX. .t 1lewitj. g - k .> R G 3Trtx. a.ew.ae nr - �i1�'�•,tAe, � '.}G," . "} � x sj I. 1 m'flik..+. ray <lX�eai - .Abai yf,e�ri��•,frpiiiL'eae c�.C. rw•' -� Ss y' xr ''^r'.e"'� lY A.a �'� C� r :n- i�'��•• • „' �' �..y"� r 1 A , a,��i'�r -{ 1 � i r :_ 4 � xs qi i d �� 1 I X!' , f f� �`ai.SLL nn C✓� hh yr��ti h j' M S, Y k S ";=., s J:"C'*i. m� ---�,~ ,� a •: •ally .,� t tau «S S4 i ik. lr •1f%f f d r•d.' + `yw,� 4 '.•� w��' .�, J••• �) AY i'; a c' 4 t iT a`r m sink •3„ ^9: t �' f § q t���l r, r rah 3�,s�.” u' c•' r, ... �_•' '` iL!?`'_.. .+°- R•. e' �f? �i 3£ �• s' �iawi` d'. xa�.' Sxis� -'.7:x.�'Fs� &`'�Ra�r.`E.0_'� .5�.. '' . t '. '�'�,*'A�xd•`".' ° W �' �` a€.! EMK '�S . _.. 'F�"P���. ., ..?'Atsi7•�a��� DEED 3 7 Page 1 of 3 R IG1i T OF WAY EA6EAi7 NT i SiAT OF TexkGr KNOW ALL KZfr BY TH St ?ANSMITS: C ;i 11 Oi z iiUTAn eonefderation of 3 }a o- ther ._gQpd pn valuable consideration to me in hand paid, the receipt of which is hereby acknowledged, I, Lydia Frances Boriskie, independent executrix of V. J. Boriskie Estate, of B razos County, Texas, hereinafter called the "Grantor ". whether one or more, for a good and valuable consideration, hereby grants to C �Lltna�, t Xz, a iLLLLIt LI:Lpvi liVi'flVl P4L V[l I..l1 LL6w i %ic la ; CI tiac State of Texas, its successors and assigns, hereinafter called "CITY", an easement and right of way for the purpose of constructing, operating and maintaining an electric translaiasion or distribution line on, over and across 0r=_ntor'e land in M. Rector Survey, League, Abstract N Brazos County, Texas, more particularly des - c r' in, deed from J ?0r13::iC to V. J. Boriskie , dated October 4 A.D.19 18 , and recorded in Volume 47 , Page �499 Deed Records of / +, 2F said Ccunty and containing _acres, more or iu:sa. Being a strip of land 40 feet wide and 2104 feet long 20 foot each side of the fallo;;ing described centerline: BEGINNING at a point in the southerly property line located S 45° W approximately R85 feet from a southeast corner of the property in Carter's Creek. THF,NCE N35 pr,rallal to end adjacent_ to the tranemiseion line owned by Gulf States Utilities Company, approximately 2104 feet to the point of exit in the northerly property line located S45 °W approximately 670 feet from a northeast corner of the property in Carter's Creek. Dote Recorded 8 9'702 7 '0 3 0 F 1 L E Q At—LE_D'clock —g— A4 AUG 2 51`72 FRAM( 80RISME CountyC,ak,BrazosC „gnnly. ryms,Texa• gy lJ uty R£BTR3CTI D11 M CROP I LM -. ropy ;.�.... .,,. t 00 NOT „ .'.. SOUTHERN J ., • -• M ICP.OF t OF i I � I v.' e, 0 `. >iESTRIreo e. M1 C R rILM COPY oo NOT DUP LICATE 9 SOUTHERN M: ROF ILM O P TEX DEED 3 0 7 W W Pare 2 of 3 ri or Ingress :end egreor over One Grantor's adja,- n-nt lardn • I. , or fr...-• .,t ,, ;'n" of improving, reconstrucVn repairing, "il-e.loating, patroling, maintaining, ana removing said lino end a;.3))urtcr=ces; the right to trim or out down trees or shubbery to the extent necessary to prev(,nt po;;sibla interfee.r,ce With the operation of said line or to remove possible hazard h arul the rht to provont the mns�raction of, for a distance 0: 20 feet on each side of the center line, any or all uildinss, structures oil - other w1til the which say endanger or interfer,. afri ciency, vaZety, or convenient. Operation of said line and .ts appurtenanceg. If such buildings, ztr4lc turoa, or other ob_-tructiors are constructed by Grikntor within t;ie fact space above described WiTiLOUt prior written consent of the CITY, their the CITY shall have the right to remove s. from such space and Grantor agrees to pay to the CITY the reasonable east of such removal, and thia ,jrc-o together with the other provisions of this grant, shall con- stitute V. covenant running with the land for the benefit of the CITY, its successors %nd assigns. The ri.Sht is reserved by the Grantor to u.-a the land wit!-,in l. tha_�q_. foo space &bove described for uses not harmful to tile purpose of ;hts ease- ment, provided such use shall not include the growing of trees thereon or any other uAA which might interfors with the uxLrciae by the CITY Of the rights ho- granted. The CITY, however, will pay to the owner of the land for actual damages which may result in entering upon th- land in the coriztruc- 'GEM tion, maintenance or removal of said line, Ell The Grantor agrees that all poioz, wil.e.;, guy-•ires and O,her facilities installed on the above described lands at the expense of the CITY, shall rwaain the property of the CITY, removable at the option of the CITY. Said Grantor oovRaantu and warrants that he is I;swfully neived and possessed of all of the property described above and that he has the good and lawful authority to convey said easement for the purposes herein expressed Utid that ;aid property is free end clear of any deed of trust, !ion. charge O;c incumbrarce thereon. affecting said ease;,.ont, except taxes o aaGeSS_ ments 'lot yet due, .,;TD W Ur",D +I.- abovo a000r'.bUJ ease . ;Vigilta u Wiv L;uad CITY OF 2RYAK, TUXILS, its successors and assigns forever. And the Grantor does hereby bind himself his heir:; ^,nd le, al, renro".11!_ LA%Uves to Warrant and Forever Defend all , 0,4 sing the above described eaaemont, and rights unto the said CITY, its successors and aqzigns, against every person whomsoever lawfully claiming or to claiia 010 same Or any part thereof. SUCTMI) this _. o A. D. 1 11; _11 X� STAT; Oi? Tjy M COUNI't oil M N Berore me, the undersigned authority, on this day Personally appeared M,es S X" known to me to 'be the person whose nwie is subscribe) to the forer"aine instrument and acknowledged to me that he execut- ed the sane for the purposes and consideration therein expressed, i - V turd en under my hand -d seal Of Office this the day of .0" . ; I 19 7-il- HIM ' Mom . . ..... Notary Public, County. Tex, nonElIT r- rAlzLr 4)1 ug C,OMR;Lulon Expires I Jane 1, 1973 V01A16PAUV!-1L RESTRICTED .MICROFILM copy DO NOT DUPLICATE COPYRIGHT ; b SOUTHERN MICROFILM f, OF TEXAS e INC. D EED ; 0 4 RIGHT OF WAY EASEMENT STATE OF TEXAS l covw_Ii op BRAZOS } Know All Men by These Prestrits: That Mrs. Lydia Boriskie, Wa a widow I ' :AW X0 of Brazos County, State of Texas , In consideration of the sum of One Dollar and other valuable considerations, the receipt of which is hereby acknowledged, do (es) hereby grant, bargain, sell, warrant and convey unto The City of Bryan, Texas, a municipal Corporation under the laws of the State of Texas, its successors and aselgns, the right, privilege and easement forever to enter upon the property heraintdter described and from time to time, within a right of way not exceeding twenty (20) feet in width, to construct, operate, maintain, patrol, inspect, service, repair, remove, relocate and reconstruct, upon, aLng, across, over and under said property, and upon, along, across, over and under the roads, streets and high- ways adjoining raid prop", a line or lines for the transmission or distribution of electric energy, and r.wro telephone and telegraph lines, including without limitation, all necessary or convenient poles, wires, towers, cables, guy- wires, brace - poles, anchors, ground connections, service lines, fixtures and applianMs, together with all rights and privileges necessary or convenient for the full enjoyment or use of said lines, including, without limitation, the right to trim, out and keep clear all trees, limbs and undergrowth along said lines and all trees adjacent thereto that may, in any way, endanger the proper operation of the same, and the right to enter over adjoining lands or the gmnfars for the purpose of axercising the rights wid privileges herein granted. The above- mentloned property k described as follows: 413. 1 acre tract of land lying and being in the Morgan Rector Survey, Abstract No. 46, in Brazos County, Texas; said 413, 1 acre tract being the same land des in the following deeds; J. A. Boriskie, at al to V. J. Bortakie, dated October 4, 1918 recorded in Volume 47, Page 499, Deed Records of Brazos County, Texas; J. M. Boriskie to V. J. Boriske,. dated September 25, 1948, recorded in Volume 136, Page 359, Deed Records of Brazos County, Texas; J. M. Boriskie to V. J. Boriskie, dated March 4, 1952, recorded in Volume 152, Page 608, Deed Records of Brazos County, Texas-, Lydia Boriskie to the State of Texas dated May 6, 1968 recorded in Volume 269, Page 702, Deed Records of Brazos County, Texas. a F IL E D At._.LILO'clock -�N 691'5 MAY 231972 FRANK MISM. Can[d C .a nry, ea,Iona• By fluky TO HAVE AND TO HOLD said easement, together with all and singular the rights and privileges appertaining thereto, unto the said City of Bryan, Texas, ins successors and assigns forever. 4-Ir Crontom covenant and warrant that ttw;• arc s^..Kully - : ^iscd and pwse:beS ei au ui the property described above, that they have good right and lawful authority to convey maid easement for the purposes herein expressed and that said property is tram and aim of any deed of trust, mortgage, lien, eh xgc or encumbrance thereon affecting said easement, except taxes or assessments not yet due, i t t. Witness our hands and seak this 1 day of 4"✓ - 10 TI -- / C •- (SeaI) '�,,+ � - - - •(Seel) �. :���;� Pare 217 . ._.__..._...._____�.______._... _ -. .. DEED 3 a 4 V0'I Page 23 TnT +. OF TZXA]3 jSS. (JOIDAVY OF BRAZOS 1 Berurd me, the undersigned authority, on thin say personally appeared Mrs. Lydia Boriskie known to me to be the person whose name is subscribed to AIAh fowegoing instrument and acknowledged tome t he executed the same for the purposes and y �;nnti;i�lna, �,al ibrfrlll e %pl'fNla:d, 17 y Oivalyiyldce my )land and meal of office this the I day of , ZS Notary Public, -a i unty, Texas. I` RESTRICTf1 .,,.r i! MICROFILM .1,s< COPY E DD NO7 'i DUPLICATE. roPYRtGMT 1982 I 50VTi1ERtr i MICROFSLM -' OF TEXAS f, 154 STATE OF TEX" } as. COUNTY OF 1 Before me, the undersigned authority, on this day personally appeared , wife of , known to me to b.• r. +nn whose name in subscribed to the foregoing instrument, and braving been ex- aminvd i• a dy and apart from her husband and having the same by me fully explained to her, she, acknowledged such instrument to be her set and dec,i and declared that she had willingly signer) t1e same for tie purposes and consideration therrin "pan used and that she did not ria'1 to retract it. Given under my hand and seal of office this the day of ,19 Notary Public, County, Texas. i e P a a .t' 1 I '1 j' tI S I Er r r.. }. : .. f -.. ... .�.. .r.... w--.... R, ..y- .- .i....:..�...w...�..,,,.. DEED , tn-a TY EASEL�.2' :F {kX STATIM, TEXAS SPATE Cr TEXAS CM6%vY cr $Tmms X, Lydia Francis Bo riskie , for and in =Isideration of the srra of (Otte Dollar) $1.00 cash to we in had lam by the City of Co'Ilege Station, Texas, and other valuable consideraticros, . receipt of which is acknowleW do hereby give" -d grant to the City of College Station, Texas, the right to construcc"' re- oerL.stzuch, and parpebu- ally maintain a sanitary sewer upon and across the following described property: Being a strip of land 20 feet wide for a Sanitary Sewer Line easement situated in the Morgan Rector League, Ab9tract 46 Brazos County, Tends, and being part. of that orginal 438.0 acre tract of land lying east of State highway 6 Bypass and conveyed to Lydia Francis Boriskie as 'recorded in Volume 47, Page 498, Brazos County Deed Records. The centerline of said 20 foot easement being more fully described as follows: BEGINNING at a point in a fence line marking the common property line between Lydia Francis Boriskie Estate,and Raintree Development, said Point also being easterly a distance of 3220 feet more or less from the east right -of -way line of State Highway 6 Bypass and westerly a distance of 150 feet more or less from the centerline of Carter Creek; :;- Thence N 56 25' W 45.50 feet more or less to an angle point; 3 R6' 11 1161.00 feet to an angle point; r Thence N 24 13' W'1010.00 feet more or less to a point in a fence line marking the common property line between Lydia Francis Boriskie Estate and Richard Smith, said point also being easterly a distance of 1428 feet from the southeast corner of a 77.62 acre tract of land conveyed to said Richard Smith as recorded in Volume 328, Page 75, Brazos. County Deed Records and the end of this 20 foot easement. ELVER J� �v SEP 2 6 1978 '� raen oelsn}E -_.� Lin }h ItororleG i F, ! w f _ v RESTRICTED MICROFILM COPY DO NOT DUPLICATE COPYRIGHT 1982 SOUTHERN MICROFILM .OF TEAS INC. RESTRlCTEO ;'K ... '... .. ...:.�.:.;'::.. .. �..: ._.... . «..... ., ...... .......� .. ""�.:;�:. .. .. MICROF:LM COPY - 00 MCT P COPYRIGHT, }lz •-' T "' y ' 1582 SOOTHERN MICROFILM OF 7E %AS 4' INC. .yF K ..... ..... ....- ._ .... II 1 rr 1 '�3 u�^"l I 1 I k UTILITY EASEMENT Page TO HAVE AND TO HOLD the same perpetually to the City of College Station, Texas and its successors, together with the right and privilege at any and all times to enter said premises, or any part the -.of, for the purpose of constructing, reconstructing, and maiw , ,ining the said sewer line facility on the condition that the City of College Station, Texas work in connection with the construction, reconstruction and repairing of said sewer line facility, restore said premises to the condition in which same were found - before such work was undertaken and that in the use of said rights and privileges herein granted, the said City of College Station, Texas and its successors will not create•a nuisance or do any act that will be detrimental to said premises. An additional easment for construction purposes is granted for a period of (1) one year from the date hereon, said construction easement being a 100 foot wine strip of land and the centerline of said construction easement following the centerline of said 20 foot sewer line easement.. WITNESS my band; this the 7, day of - . x`1 1978. f B •� i .a$,]- tom'..._. - _. -..'-- - "�"'�� _ �T•y, _. .,___ ; 7R ICTED tMICROFILM COPY 00 NOT 0U PLICATE Ifi " �7t31 0'1 Pane X02 rage �_� COPYR..... UTILITY EASEMENT. 1932 ';� d'1' , SOUTHERN ' ti ' MICROFILM s� ACKN OWLEDGEMENT of TEXAS INC. STATE OF TEXAS gg• COUNTY OF BRA708 4 BEFORE ME, a Notary Public,in and for #S subs U /' C unty Texas on this day personally appeared known to me to be the person whose na jf .to the fore going instrument, aqd acknowledged to executed the same for the purpose and ation t erein expressed. n• Y G ENNNDER, MY HAND AND SEAL OF OFFICE this the / day of : 1978.' C) .. , y' No 'ary lie, _ qn .� County, exas. ; ' ."'/ \ >- eFSR1 `0 -i ,.,,... ACKNOWLEDGEMENT STATE OF TEXAS x! COUNTY OF $RAZOS C 4r BEFORE ME, a Notary Public in and for County, %r Texas on t day personally appeared known to me to be the person whose name is subscribed to the fore- l ; going instrument, and acknowledged to me that executed the same for the purpose and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 1978. }' WA Y,21S.'.'I.Tnt'CSTlh (ry. � rt� N S`^ � 3, � 1H }�rl� t Vir i N f47 fAi � �� 1 j� r' 1'^ f .x 1 r