HomeMy WebLinkAboutMetes and Bounds EXHIBZ•A" •
FIELD NOTES
OF A
8.11 ACRE TRACT
BEING A PORTION OF
A CALLED 15.85 ACRE TRACT
VOLUME 6413 PAGE 107
MORGAN RECTOR LEAGUE, A-46
CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS
Being all of that certain lot, tract, or parcel of land containing 8.11 acres, lying and being situated in the
Morgan Rector League, A-46, Brazos County, Texas, and being a portion of a called 15,85 acre tract of
land described as the net acreage of Tract One in a deed to Oakwood Custom Homes Group, Ltd., recorded
in Volume 6413 Page 107 of the Official Records of Brazos County, Texas. Said 8.11 acres of land being
more particularly described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod set at the north corner of Lot 1, of Horse Haven Estates as recorded in
Volume 4285 Page 35, and being a westerly interior corner of the herein described 8.11 acre tract of land.
THENCE along the north line of said Lot 1 of Horse Haven Estates, S 68 °35'47" W, a distance of 154.10
feet, (Called S 68°35'47" W and 153.72') to a 1/2" iron rod found at a point along the south right of way
line of Horse Haven Lane.
THENCE along the south right of way line of Horse Haven Lane, as called in the plat for Horse Haven
Estates, five calls:
1.) THENCE N 41 '46'36" E, a distance of 37.48 feet (Called N 41'43'48" E 37.54') to a 1/2" iron
rod found.
2.) THENCE N 48 °29'03" E, a distance of 4.99 feet (Called N 48°16'12" W 5.00') to a 1/2" iron rod
found.
3.) THENCE N 41°3 14" E, a distance of 127.98 feet (Called N 41'43'48" E 127.98') to a 1/2" iron
rod found at the beginning of a curve to the right, having a Radius of 501.09 feet, Delta of
23 °06'59 ", and an Arc Length of 202.17 feet.
4.) THENCE along said curve a Chord Bearing of N 53°17'18" E, a distance of 200.80 feet to a 1 /2"
iron rod found at the beginning of a curve to the left, having a Radius of 354.89 feet, Delta of
08°16'33", and an Arc Length of 51.26 feet.
5.) THENCE along said curve a Chord Bearing of N 60 °42'32" E, a distance of 51.22 feet to a 1/2"
iron rod found at the northwest corner of Lot 1, Block 3 of Horse Haven Estates, Phase Three as
recorded in Volume 7901 Page 165.
THENCE departing the south right of way line of Horse Haven Lane, and along the boundary of Phase
Three, five calls,
1.) THENCE S 43 °44'08" E, a distance of 118.01 feet (Called 117.9I') to a 1/2" iron rod found at the
south corner of Lot 1.
2.) THENCE along the south line of Lot 1, N 46 °15'52" E, a distance of 40.50 feet to a 1/2" iron rod
found.
3.) THENCE along the south line of Lots 4 -8, S 43 °44'08" E, a distance of 263.62 feet to a 1/2" iron
rod found.
4.) THENCE along the southeast line of Lot 8, N 88 °23'46" E, a distance of 105.41 feet to a 1/2"
iron rod set.
5.) THENCE along the southeast line of Lots 9 -13, N 46 °09'58" E, a distance of 290.02 feet (Called
288.50') to a 1/2" iron rod found at the northeast corner of the herein described tract. Point being
along the west line of a 22.00 acre tract of land described in a deed to C. Carl Kolbe and Jeanne
Kolbe recorded in Volume 2558 Page 133.
THENCE along the Kolbe 22.00 acre tract, S 12°27'22" E, passing on line a 1/2" iron rod found for
reference at a distance of 421.18 feet, and continue in all, a total distance of 438.81 feet to a 1/2" iron rod
set.
THENCE continuing along the Kolbe 22.00 acre tract, S 05 °16'50" W, a distance of 100.14 feet (Called
99.90) to a 1/2" iron rod found at the northeast corner of a 2.70 acre tract of land described in a deed to the
City of College Station, Texas recorded in Volume 9717 Page 46.
M21 95
• •
THENCE along the City of College Station tract, N 85 °00'00" W, a distance of 260.05 feet to a 1/2" iron
rod found.
THENCE S 85 °00'00" W, a distance of 225.00 feet to a 1/2" iron rod found.
THENCE S 65 °00'00" W, a distance of 180.00 feet to a 1/2" iron rod found along the east line of said Lot
1, Horse Haven Estates.
THENCE along the east line of said Lot 1, N 26°39'32" W, a distance of 480.21 feet (Called N 26 °42' W
479.8) to THE POINT 01? BEGINNING and containing 8.11 acres of land according to a survey
performed on the ground under the supervision of Paul Williams Registered Professional Land Surveyor
No. 5743, on
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M2195
SAVE AND EXCE111/ •
Exhibit A
METES AND BOUNDS DESCRIPTION
REVISED LEASE 811'E
0.0991 ACRES (4,317 SQUARE FEET)
Morgan Rector League, A►46
Brazos County, Teas
BEING 0.0991 acs, (4,317 square feet), of land site in the Morgan Recur ague,
Abstract No. 46, Brazos County, Taus, being out of aid a pact of a called 1633 acre
tract eland conveyed to Burton Ray Ilernmort by deed recorded in Volume 1988, Page
45 of the Deed Records of Brazos Corey, T CT)' Said 0.0991 acre tract of
land. being manna poly described by mates and bounds as follows, let thereopf
bearings being Lot 1 of HMSO Haven , wording to the map p
recorded in Volume 4285, Page 35, of tltc Deed Records of Brazos County, Tom.);
CO ,NC2NG at a point in tho snuffy xxg of way line of Horse Haven Imo,
(60' right -of -way at this point), from whiCh a *end 518 inch iron rod with cap stamped
"#1852" beam S 66°51' B, 0.4 feet, said point beimg an angle point in Lot 1 of Hwcse
Riven" . according to the map or plat thereof recorded in Volume4285,•Page 35,
DRBCf;
ragricz, Nom 41 °43'48" East, a distance of 90.88 fleet along the soupy right
of -way of said Horse Havers Lame to a pobst for comer;
THENCE, North 72 East, a distance of 113.58 feet to the beginning of a tangent
curve to the right having a radius of 20.00 feet;
THENCE, in a southeasterly direction a distance of 27.34 feat along the am of said carve
to the right having a ratline of 20.00 feet, a central angle of 78°20'13" and a chord that
• bears South 68°00'20" East, 25.26 feet to a point oftangeacy;
THENCE, South 28 °50'14" Fast, a &trace of 125.18 feet to the most westerly cornea'
and POINT OF BEGINNING of tho herein described tram
THENCE, North 58 Past, a distance of 79.73 feet to a set 5/8 inch iron rod with
cap stamnped. "Siteoh Eughteerhe at the most northerly corner of the herein described
THENCE. South 23 Fast, a distance 0156.30 feet to a set 5/8 inch inn rod with
cap stamped "Siteeh Engineering" at the most easterly corner of the herein descxhbed
TairiCE, South 57 °32' 49" West, a distance of 7408 feat t o a set 5/8 inch iron rod with
cap stamped "Siterh Engineering' for the most southerly corner of the herein described
tract;
THENCE, North 28°50'14" West, a. distance of 56.76 Saet to tner POINT OF
BEGINNING and containing a computed 0.0991 acme, (4,317 square feet) of land.
M2195
41, / {
Exhibit g
METES AND BOUNDS DESCRIPTION
REVISED LEASE SITE
0.0991 ACRES (4,317 SQUARE FEET)
Morgan Rector League, A .46
Brazos County, Texas
BEING 0.0991 a crea, (4,317 square firm), of laud situated is the Morgan Rector League,
Abstract No. 46, Brazos County, Texas, being out of and a part of a called 163.5 acres
tract of land conveyed to Burton Ray Hama by deed recorded in Volume 1988, Page
45 of the Deed Records of Brazos Cry, Texas, (D"PBCT)- Said 0.0991 acre tract of
land being more penis:Warly described by metes and bouts as hollows. (Basis of
bearings being tot 1 of Hume Haven Estates, scowling to the map or plat thereof
recorded in Volume 4285, Page 35, of the Deed Records of Brazos County, Tetras.),
COMMENCING at a point in the southeasteay right-of-way Iiae of Horse Haven
• (60' rigid Ofd at this point), from which a found 518 inch. Iran rod with cap stamped
'x#1852" bears S 66°51' E, 0.4 feet„ said point being an angle pmt in Lot 1 of House
g es. accai.'ding to the map or plat thereof recorded in Volume• 4285,•Page< 35,
DRBCT;
TBS,Nt, North 41 °43'48" East, a distance of 90.88 feet along the southeasterly right-
of-way of said Horse Haven Lane to a paint for comer;
1133INCE, North 72 °49'34" Bast, a distance of 11158 feet to the beginning of a taagent
carve to the right having a radius of 20.00 few;
THENCE, in a southeasterly diaedion a distance of27.34 foot along the arc of said curve
to the right having a mans of 20.00 feta, a angle of 78°20'13' and a chord that
be South 68 °00'20" East, 2526 feet to npoint oftangeme y;
TIEENCE, South 28 ° 50'14" East, a distance of 125.18 fit to the most westerly comer
and POINT OF BEGTNNYNG of the herein described tract
THENCE, North 58"20 East, a distance of 79.73 feat to 'a set 5/8 inch iron rod with
• cep stamped "Siteoh Wig" at the most northerly owner of the herein described
tract;,
• THENCE, South 23°01'12" East, a distance of 56.30 freest to a set 5/8 inch iron rod with
cap stamped "Sitooh Ba;ginee " at the most easterly earner of the heaun described
Isebn
TBZNCE, South 57°32'49" West, a distance of 74.08 feet to a sot 518 inch iron rod with
cap stamped "Sitech Engineering" for the most southerly comer of the hers described
try
THENCE, North 28°50'14" West, a distance of 56.76 feet to tae POINT OF
BEGINNING and containing a computed 0.0991 acres, (4,317 square feet) of lead,
M2195
Ree s_!� • D D676364 107
R9tnivE�B'!
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.
WARRANTY DEED
DATE: November 30, 2004
GRANTOR: BURTON RAY HERMANN and wife, VIRGINIA BORISKIE HERMANN
Grantor's Mailing Address (including county):
2710 Horse Haven Lane
College Station, Brazos County, Texas 77845
GRANTEE: OAKWOOD CUSTOM HOMES GROUP, LTD.
Grantee's Mailing Address (including county):
4060 Highway 6 South
College Station, Brazos County, Texas 77845
Consideration:
Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged by Grantor.
Property ( iincluding any improvements):
TRACT ONE:
Being all that certain 29.51 acre tract or parcel of land lying and being situated in the
MORGAN RECTOR LEAGUE, A-46, College Station, Brazos County, Texas; said
tract being more particularly described by metes and bounds on Exhibit "A" attached
hereto and made a part hereof for all purposes; SAVE AND EXCEPT from said 29.51
acre tract, all that certain 13.66 acre tract or parcel of land, lying and being situated in the
MORGAN RECTOR LEAGUE, A-46, College Station, Brazos County, Texas; said
tract being more particularly described by metes and bounds on Exhibit "B" attached
hereto and made a part hereof for all purposes.
TRACT TWO:
Being all that certain tract or parcel of land containing 0.015 acre, more or less, lying and
being situated in the MORGAN RECTOR LEAGUE, A-46, Brazos County, Texas, said
0.015 acre tract being more particularly described by metes and bounds on Exhibit "C"
attached hereto and made a part hereof for all purposes.
Reservations from and Exceptions to Conveyance and Warranty:
(1) Restrictions and amendments thereto recorded in Volume 3062, Page 156,
Volume. 3077, Page 34, Volume 3872, Page 235, Volume 4621, Page 14,
Volume 4713, Page 101, Volume 5554, Page 75, and Volume 5687, Page 148, all
of the Official Records of Brazos County, Texas.
(2) Easement granted by J.M. Boriskie to Humble Pipe Line Company, dated July
19, 1919, recorded in Volume 49, Page 18, amended in Volume 513, Page 156,
— — -- Deed Records of Brazos County, Texas, amended and redefined in Volume 854,
Page 599, Release Records of Brazos County, Texas.
N8763S8 OR 18
(3) Easement granted by V.J. Boriskie and wife, Julia S. Boriskie, to Gulf States
Utilities Company, dated May 15, 1947, recorded in Volume 130, Page 237,
Deed Records of Brazos County, Texas.
(4) Easement granted by V.J. Boriskie and wife, Julia S. Boriskie, to Lone Star Gas
Company, dated December 14, 1950, recorded in Volume 148, Page 417, Deed
Records of Brazos County, Texas.
(5) Easement granted by V.J. Boriskie, to the City of College Station, dated
September 20, 1962, recorded in Volume 305, Page 230, Deed Records of
Brazos County, Texas.
(6) Easement granted by Lydia Frances Boriskie, to the City of College Station,
dated August 28, 1973, recorded in Volume 320, Page 374, Deed Records of
Brazos County, Texas.
(7) dated February 22, 1982, rco recorded in Volume �510, Page 629, Deed Records of
Brazos County, Texas.
(8) Easement granted by Michael Wayne Thiltgen, Independent Executor of the
Estate of Lydia Frances Boriskie, Deceased, to GTE Southwest Incorporated,
dated September 25, 1990, recorded in Volume 1215, Page 39, Official Records
of Brazos County, Texas.
(9) Easement granted by Michael Wayne Thiltgen, Individually and as Independent
Executor of the Estate of Lydia Frances Boriskie, Deceased, and Virginia
• " Hermann, to the City of College Station, dated August 21, 1991, recorded in
Volume 1330, Page 303, Official Records of Brazos County, Texas.
(10) Easement granted by Michael Wayne Thiltgen, Individually and as Independent
Executor of the Estate of Lydia Frances Boriskie, Deceased, and Virginia
Hermann, to the City of College Station, dated August 21, 1991, recorded in
Volume 1330, Page 309, Official Records of Brazos County, Texas.
(11) Easement granted by 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; and amended in
Volume 4371, Page 295, Official Records of Brazos County, Texas.
(12) Easement agreement between Burton Ray Hermann and Virginia Boriskie
Hermann and Michael Wayne Thiltgen, Individually and as Independent
Executor of the Estate of Lydia Frances Borislde, Deceased, as Grantor, and C.
Carl Kolbe and Jeanne Kolbe, as Grantee, dated March 14, 1996, recorded in
Volume 2558, Page 126, Official Records of Brazos County, Texas; partially
released in Volume 4142, Page 49, Official Records of Brazos County, Texas.
(13) Building lines and easements created or reserved on Plat of Lot 2 of Horse Haven
Estates recorded in Volume 3158, Page 335, Official Records of Brazos County,
Texas.
(14) .Easement granted by Burton Ray Hermann and Virginia Boriskie Hermann, to
the City of College Station, dated October 12, 1999, recorded in Volume 3633,
Page 166, Official Records of Brazos County, Texas.
(15) Correction Drainage and Flood Plain Conservation Easement between Lydia
Boriskie Partnership and Burton Ray Hermann, et ux, dated April 4, 2001,
recorded in Volume 4107, Page 7, Official Records of Brazos County, Texas.
(16) Building lines and easements created or reserved on Plat of Lot 1 of Horse Haven
Estates recorded in Volume 4285, Page 35, Official Records of Brazos County,
Texas.
2
Doc • Vol Pg
00876360 OR 6413 109
(17) Easement granted by The Lydia Boriskie Partnership, to Mitchell Gas Services,
L.P., dated September 13, 2001, recorded in Volume 4371, Page 295, Official
Records of Brazos County, Texas.
(18) Easement granted by Burton Ray Hermann and wife, Virginia Boriskie
Hermann, to the City of College Station, dated October 16, 2003, recorded in
Volume 5695, Page 121, Official Records of Brazos County, Texas.
(19) Development Agreement between the City of College Station, and Burton Ray
Hermann and Virginia Boriskie Hermann, individually, and Burton Ray
Hermann. Virginia Boriskie Hermann, Michael W. Thiltgen and Cheryl
Thiltgen as Partners in the Lydia Boriskie Partnership, dated March 12, 1998,
recorded in Volume 3065, Page 245, Official Records of Brazos County, Texas.
(20) Mineral reservation in Deed executed by Michael Thiltgen and wife, Cheryl
Thiltgen, to Burton Ray Hermann and wife, Virginia Boriskie Hermann, dated
April 6, 1994, recorded in Volume 2085, Page 289, Official Records of Brazos
County, Texas.
(21) Mineral reservation in Deed executed by Michael Thiltgen and wife, Cheryl
Thiltgen, to Burton Ray Hermann and wife, Virginia Boriskie Hermann, dated
September 18, 1998, recorded in Volume 3265, Page 115, Official Records of
Brazos County, Texas.
(22) Mineral reservation in Deed executed by Lydia Boriskie Partnership to Virginia
B. Hermann and Burton Ray Hermann, dated June 28, 2002, recorded in
Volume 4710, Page 271, Official Records of Brazos County, Texas.
(23) Oil, Gas and Mineral Lease granted by Michael Wayne Thiltgen, Executor of
the Estate of Lydia Frances Boriskie, Deceased, to Baker Exploration Company,
dated July 31, 1990, recorded in Volume 1210, Page 371, Official Records of
Brazos County, Texas; amended in Volume 1317, Page 199, Volume 1319,
Page 7, and Volume 2385, Page 89, all in the Official Records of Brazos
County, Texas,
(24) Oil, Gas and Mineral Lease executed by Virginia Hermann to Baker Exploration
Company, dated September 21, 1995, recorded in Volume 2463, Page 13, Official
Records of Brazos County, Texas.
(25) Oil, Gas and Mineral Lease executed by Michael Wayne Thiltgen to Baker
Exploration Company, dated September 21, 1995, recorded in Volume 2463, Page
21, Official Records of Brazos County, Texas.
(26) Rights of mineral leasehold owner of access to and use of the drill site and well
location site shown on the Master Plan of Horse Haven Estates recorded in Volume
3065, Page 253, Official Records of Brazos County, Texas.
(27) Memorandum of PCS site Agreement, Access and Utility Easement between Lydia
Borislcie Partnership and SprintCom, Inc. dated October 27, 1999, recorded in
Volume 3651, Page 236, Official Records of Brazos County, Texas; amended in
instruments recorded in Volume 4259, Page 245, Volume 4302, Page 92, and
Volume 4593, Page 39 Official Records of Brazos County, Texas.
(28) Royalty interest conveyed by Lydia Boriskie to Michael Wayne Thiltgen, dated
February 10, 1982, recorded in Volume 510, Page 482, Deed Records of Brazos
County, Texas.
(29) Royalty interest conveyed by Lydia Boriskie to Virginia Joy Hermann, dated
February 10, 1982, recorded in Volume 510, Page 493. Deed Records of Brazos
County, Texas.
3
11111 D BS876 66 OR 6 1
(30) All oil, gas and other minerals, together with the rights of ingress and egress for
developing, mining, producing and transporting the sane, heretofore reserved or
conveyed by predecessors in title.
Grantor, for the consideration and subject to the reservations from and exceptions
to conveyance and warranty, grants, sells and conveys to Grantee the Property, together
with all and singular the rights and appurtenances thereto in anywise belonging, to have
and hold it to Grantee, Grantee's successors and assigns, forever. Grantor binds Grantor
and Grantor's heirs, excntors and adminstors, to warrant and forever defend all and
singular the Property to Grantee and Grantee's successors and assigns, ga except person whomsoever lawfully claiming or to claim the same or any part , P t r
to the reservations from and exceptions to conveyance and warranty.
Taxes have been prorated as of the date of this Ded. & an'tee awees to ears. l ad
valorem taxes, standby fees and assessments for the year 2005 and all subsequent y
When the context requires, singular nouns and pronouns include the plural.
todettr..../
BURTO RAY H NN
VgtGl BORISKIE HBRMANN
STATE OF TEXAS §
§.
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the ,"'day of November, 2004,
by Burton Ray Hermann and wife, Virginia Boriskie Hermann.
411,011.:041
ALANA PHILLIPS blic, Slate of Teams /
1 _ Nolvy PuLSq Sate of Tow
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mammy z, zoos
PREPARED IN THE LAW OFFICE OP:
BRUCHEZ, GOSS, THORNTON, MERONOPP & HAWTHORNE, P.C.
4343 Carter Creek Parkway, Suite 100
Bryan, Texas 77802 File Number: 04- 1547:WST/iw
AFTER RECORDING RETURN TO:
AGOIELAND TITLE COMPANY
3740 Copperfeld Drive, Suite 101
Bryan, Texas 77802
4
• Doc 6413 111
EXHIBIT "A"
Tract One:
Metes and bounds description of all that certain 29.51 acre tract or parcel of land, lying and being situated
in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas and being a portion
out of that same called 40.38 acre remainder of that same 163.50 acre tract conveyed to Burton R.
Hermann, et ux, as described by deed recorded in VOLUME 2085 PAGE 289 of the Official Records of
Brazos County, Texas, said 29.5I acre tract being more particularly described as follows:
BEGINNING at a 14" iron rod at the base of a fence post, found marking the east comer of that same 9.74
acre tract conveyed from Virginia Boriskie to the City of College Station, as described by deed recorded in
VOLUME 368 PAGE 336 of thc Deed Records of Brazos County, Texas, and being an angle point in the
southwest line of a 12.47 acre tract conveyed to David A. Krenck, et ux, as described by deed recorded in
VOLUME 5832 PAGE 187 of the Official Records of Brazos County, Texas;
THENCE S 50° 28' 03" E - 378.90 feet along said 12.47 acre tract to a A" iron rod found for angle point,
being the south comer of the said 12.47 acre tract, and common with thc west comer of the 23.75 acre tract
conveyed to Carl Kolbe, et ux, as described by deeds recorded in VOLUME 2558 PAGE 126, VOLUME
3213 PAGE 335 and VOLUME 3213 PAGE 339 of the Official Records of Brazos County, Texas;
Thence along the said 23.75 acre tract the following calls:
S 44° 45' 10" E - 281.32 fat to a 14" iron rod found for angle point;
S 43° 49' 56" E - 32.70 feet to a'r4" iron rod found for corner;
S 38° 45' 40" W - 220.85 feet to a 'A" iron rod found for angle point;
S 50° 38' 06" W - 229.75 feet to a capped °A" iron rod found at a curve to the left (R - 30.00 feet);
Thence 49.60 feet along the curve, whose chord bears S OI° 45' 34" E - 44.14 feet, to a 'A" iron
rod found for comer;
S 51° 36'12" E - 51.06 feet to a capped 'A" iron rod set for comer;
S 38° 22'43" W - 79.91 feet to a' 'A" iron rod found for angle point;
S 02°26'16" W - 44.20 feet to a 'A" iron rod found for angle point;
S 12° 30'41" E - 630.26 feet to a 14" iron rod found for angle point;
S 04° 48'09" W - 297.79 feet to a point for comer in Wolf Pen Creek, being the south comer of
the said 23.75 acre tract, and also being in the northwest line of the 12.39 acre tract conveyed to
Shelley J. Cashion, Trustee in VOLUME 3359 PAGE 269 of the Official Records of Brazos
County, Texas;
THENCE S 41° 19' 55" W - 136.1I feet along said 12.39 acre tract to a point for comer in the northwest
line of said 12.39 acre tract, and being in the centerline of Wolf Pen Creek;
Thence the following calls with said centerline:
N 58° 55'37" W - 67.33 feet to a point for angle point;
N 42° 58'5T' W - 57.30 feet to a point for comer,
N 23° 14'25" E - 103.32 feet to a point for comer;
N 68° 34'02" W - 44.04 feet to a point for angle point;
S 76° 01'35" W - 34.42 feet to a point for angle point
S 61° 45'04" W - 67.43 feet to a point for angle point;
S 26° 58'52" W - 47.66 feet to a point for angle point;
S 76° 58'56" W - 42.35 feet to a point for angle point;
N 59° 02'57" W - 108.18 feet to a point for comer;
S 59° 42'12" W - 116.46 feet to a point for angle point;
S 75° 52'46" W - 24.55 feet to a paint for comer in Lot 1 of Horse Haven Estates, a 10.49 acre
tract conveyed to Iowa National Corporation and recorded in VOLUME 4624 PAGE 177 of the
Official Records of Brazos County, Texas and as depicted by plat recorded in VOLUME 4285
PAGE 35 of the Official Records of Brazos County, Texas; said point also common with the 1.41
acre tract conveyed to Burt Hermann, et ux and recorded in VOLUME 4710 PAGE 271 of the
Official Records of Brazos County, Texas;
EXHIBIT 'A'
p 41B87fa.3Ee DR 112
EXHIBIT' A" •
THENCE N 26° 42' 33" W - 441.90 feet with the northeast line of said Lot 1 to a capped 14" iron rod set
for comer,
THENCE N 57° 32' 49" E - 86.45 feet across said 1.41 acre tract and along the said lease tract to a capped
44" iron rod set for corner;
Thence along the said lease tract the following calls:
N 23° 01' 12" W - 56,30 feet to capped 'A" iron rod set for comer;
5 58° 20' 48" W - 89.97 feet along said lease tract and across the said 1.41 acre tract to capped h"
iron rod set for corner in the northeast line of said Lot 1;
THENCE N 26° 42' 33" W - 137.30 feet with said northeast line to a capped K" iron rod set for corner,
THEN( S 68° 45' 43" W - 153.72 feet with the north line of said Lot 1 to a capped i4" iron rod set for
corner in the southeastern r fight -of -way o f Horse H even Lane (50.00 feet) a s depicted by said Lot 1 o f
Horse Haven Estates plat;
Thence along the right -of -way line of Horse Haven Lane the following calls:
N 41° 43' 40" E - 37.54 feet along the said right -of -way to a capped h" iron rod set for comer;
N 48° 16' 12" W - 5.00 feet along the said right -of -way to a capped 'A" iron rod set for comer,
N 41° 43' 40" B - 127.98 feet along the said right -of -way to a capped 14" iron rod set for the
beginning s curve to the right (R - 501.09 feet);
Thence 202.19 feet along the said curve, whose chord bears N 53° 17' 16" E - 200.82 feet to a
capped 44" iron rod set for the beginning of a reverse curve to the left (R - 354.89 feet);
Thence 279.24 fed along the said nave, whose chord bears N 42° 18' 21" E - 272.09 feet to a
• capped 54" iron rod found for end of said curve;
N 19° 45' 53" E - 152.14 feet to a 14" capped iron rod set for corner;
Thence the following calls through the 2.05 acre tract conveyed to Brut Hermann , et ux, described in deed
recorded in VOLUME 5011 PAGE 93 of the Official Records of Brazos County, Texas:
3 42° 27' 17" E - 204.43 feet to a capped 'A." iron rod set for conger;
N 46 °.07' 16" E - 134.71 fed to a capped 'Ar" iron rod set for corner;
N 43° 52' 07" W - 230.05 feet to a capped 1 4" iron rod set at the beginning of a curve to the right
in said right -of -way of Horse Haven Lane (R - 25.00 ft);
15.67 fed along the said curve whose chord bears N 89° 18' 11" E - 15.42 feet to a'A," capped
iron rod found for corner at the beginning of a reverse crave to the left (R - 50.00 feet);
Thence the following calls along the right -of -way of Horse Haven Lane (50.00 feet):
240.54 fed along the said curve whose chord bears N 30° 33' 16" W - 67.15 fed to a 14" capped
iron rod found for cower at the beginning of a reverse curve to the right (R - 25.00 feet);
18.48 feet along said curve whose chord bears S 32° 48' 01" W - 18.06 feet to a chiseled "X" in
concrete, set for corner at a reverse curve to the left (R = 250.00 feet);
149.27 feet along said curve whose chord bears S 36 52' 09" W - 147.06 feet to a capped 54" iron
rod set for end of curve;
S 19° 45' 53" W - 169.85 feet to capped a'A," iron rod set for beginning of a curve to the right (R
- 304.89 feet);
239.90 fed along said curve whose chord bears S 42° 18' 21" W - 233.76 feet to a capped 'A," iron
rod set for the beginning of a reverse curve to the left (R - 551.09 feet);
222.35 fed along said curve whose chord bears S 53° 17' 18" W - 220.84 feet to a capped %a" iron
rod found for end of said curve;
S 41° 43' 40" W . 127.98 feet to a capped 14" iron rod set for corner;
N 48° 16' 12" W -5.00 feet to a capped 44" iron rod set for corner, and being the begitning of a
crave to the left (R = 565.00 fed), and being in the eastern boundary of Lot 2 Horse Haven Estates
as depicted by Correction Plat in VOLUME 3158 PAGE 335 of the Official Records of Brazos
County, Texas;
• EXHIBIT "A"
•
00876366 OR Vol 6ti 113
EXH1131 _ "A"
THENCE 162.41 feet along said curve whose chord bears N 33° 29' 31" E - 161.85 feet to a capped 'A"
iron rod found for comer, and lying in the southeast line of Lot 2, Horse Haven Estates, as dcpictcd by plat
recorded in VOLUME 3158 PAGE 515 of said Official Records;
THENCE N 25° 15' 38" H - 641.33 feet to a 16" iron rod found for the east corner of said Lot 2;
THENCE N 50° 24' 03" W - 674.31 feet to a %" iron rod found for the north corner of said Lot 2;
THENCE N 41° 55' 45" E - 171.61 feet to a 'A" iron rod found for corner in the southwest line of said 9.74
acre tract;
THENCE S 47' 52' 01" E - 530.62 feet with said southwest line to a 'A" iron rod found for comer;
THENCE N 42° 10' 28" E • 534.11 feet with the southeast line of said 9.74 acre tract to the PLACE QF
BEGINNING, and containing 29.51 acres of land.
EXHINT W
•
10 Doc OR 114
EXHIBIT `B"
siact Three:
Metes and bounds description of all *et certain 13.66 sere tract or pared of laud, lying and being
situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas and
being a portion out of that same called 40.38 ace reminder VO UM .50 a r AGE 289 re
to Burton IL Hermann, et uz, as deseribed by
Official Records of Brazos County, Texas, said 13.66 acre tract being more particularly described as
follows:
snasattA>< EG at a 112" iron rod at the base of a fence post, found marling Stadon, corner eriof that at
same 9.14 acre tract conveyed from Virginia Borlal ie to the City of College b y
deed recorded in VOLUME 368 PAGE 336 of the Deed Records of Brazos County, Texas, and being
an angle point in the southwest line of a 12.47 acre tract conveyed to David A. Krenek, et us, as
described by deed recorded in VOLUME 5832 PAGE 187 of the OMctal Records of Brazos County,
Tetras;
S 42° 10' 28" W - 128.61 feet along the southeast line of said 9.74 acre tract to the J'LACE
21 BESrl'G1
S 45° 17' 05" E - 388.93 feet throngh the slid remainder tract to a capped 1/2" iron rod
found for angle point;
S 56° 04' 28" E - 31439 feet through the said remainder tract to a 112" iron rod set for
corner In the northwest line of the 23.75 acre tract conveyed to Carl C. Kolbe, et us and described by
deeds recorded in VOLUME 2558 PAGE 126, VOLUME 3213 PAGE 335 and VOLUME 3213
PAGE 339 of the Official Records of Brazos County, Texas;
Thence the following calls along the said 23.75 acre tract
S 38° 45' 40" W - 92.40 feet to a 112" iron rod found for corner;
S 500 38' O6" yv - 229.75 feet to a 112" Iron red found for the beginning
of a curve to the left (R
30.00 feet);
Thence 49.60 feet along said curve, whose chord bears S 01° 45' 34" E - 44.14 feet, to a 1/2" iron rod
found for end of said curve;
S 51° 36'12" E - 51.06 feet to a capped 1/2" iron rod set for corner;
S 38° 22'43" W - 79.9 feet to a 1/2" iron rod found for corner;
S 02° 26' 16" W - 44.20 feet to a '1" iron rod found for corner,
S i2° 30' 41" E - 192.44 feet to capped 1/2" rod set for corner;
1VC S 46° 09' 58" W - 288.50 feet through u e a �atab,lshed acre and monu on the grouad
for corner in the calculated 100 year oodP
7 �F S 88° 23' 46" W - 105.41 feet along the said flood plain tine and through the said 40.38 acre
• remainder tract to a point for corner;
i Z N 43° 44' 08" W - 263.62 feet across said 40.38 acre remainder tract to a point for corner,
THENCE S 46° 15' 52" W - 40.50 feet through the said 40.38 acre remainder tract to a point for
corner;
_HENCE N 43° 44' 08" W - 117.91 feet through the said 40.38 acre remainder tract o point
for the
beginning of a curve to the left (R - 354.89 feet), and being in the southeast right-of-way of Horse
Haven Lane (50.00 feet) as depicted by plat recorded In VOLUME 4285 PAGE 35 of the Official
Deed Records of Brazos County, Texas;
Doc 4 1111 1 Val Pg
00976368 OR 6413 115
Thence along the said right-of-way line of Home Haven Lane for the following calls:
227.47 feet along the said curve, wbose chord bears N 38° 07' 37" E - 223.60 feet to a capped 1/2"
iron rod set for corner;
Thence N 19° 45' 53" E- 152.14 feet to a 1/2" iron rod found for
corner;
Thence S 42° 27' 17" E - 204.43 feet to a capped 1/2" iron rod found
for corner; Thence N 46° 07' 16" E - 134.71 feet to a 1/2" iron rod for corner;
THENCE N 43° 52' 07" W - 230.05 feet to a point for the beginning of a curve to the right (R -25
feet) and being the southeast right -of- -way of Horse Haven
Thence along the Right of Way tine of Horse Haven have the following calls:
THENCE 5.67 feet along the said curve, whose chord bears N 89° 18' 21" L- 15.42 feet to a capped
1/2 iron rod found for corner at the beginning of a cul- de-sac bulb reverse- curve to the left (R '50
feet)
THENCE 240.54 feet along said curve, whose chord bears N 30° 33' 16" W- 67.15 feet to a 1/2" iron
rod found at the beginning of a reverse curve to the right (R= 25 feet)
THENCE 18.48 feet along said curve, whose chord bears S 32° 48' 01" W -18.06 feet to a 1/2" iron
rod found at the beginning of a reverse curve to the left (R=250.00 feet)
THENCE 149.27 feet along said curve; whose chord bears S 36° 52' 09" W- 147,06 feet to a 2/2" iron
rod found for corner,
THENCE S 19° 45' 53" W - 169.85 feet a 1/2" iron rod found for corner at the beginning of a curve
to the right (R
THENCE 239.90 feet along said curve, whose chord bean S 42° 18' 21" W- 233.76 feet to a 1/2" iron
rod found at the beginning of a reverse corner to the left (R= 551.09)
THENCE 22235 feet along said curve, whose chord bears S 53° 17' 18" W
- 220.84 feet to a 1/2" iron rod for corner;
THENCE S 41° 43' 40" W -12798 feet to a 1/2" iron rod for corner
THENCE N 48° 16' 12" W - 5.00 feet to 2 1/2" iron rod for corner and the beginning of a curve to the
left (R= 565.00)
THENCE 162.41 feet along said curve, whose chord bears N 33° 29' 31" E - 161.85 feet to a 1/2" iron
rod found for end of said curve;
THENCE N 25°15' 38" t - 64133 feet to a 1/2" iron rod for angle point;
THENCE N 55° 09' 22" E - 51 .90 feet to a 14" iron rod found for angle point;
° 02' 41" 1/2" THENCE N 33 OZ 41 E -1 18.20 feet to a 1/2 iron rod found for corner;
THENCE N 50° 24' 02" W - 136.79 feet to a 1/2" iron rod set for corner in the south line of the
before mention 9.47 acre tract;
THEN N 42° 10' 25" E - 358.69 along said south line to the PLACE OF
BEGINNING, and containing 13.66 acres of land.
n8876360 OR E 11
Doc
EXHIBIT "C"
Tract Two
Metes and bounds description of all that certain 0.015 are tract or parcel of land, lying and being
situated in the Morgan Rector League, Abstract No. 46, College Station, Brazos County, Texas and
being a portion out of that same called 1.41 acre tract conveyed to Burt Hermann, et m[ and recorded
in VOLUME 4710 ?AGE 271 of the Official Records of Brazos County, Texas, said 0.015 acre tract
being more particularly described u follows:
THENCE N 68° 45' 43" E - 153.72 feet with the northwest line of said Lot 1 to a capped W' iron rod
found for corner;
THENCE S 26° 42' 33" E - 13730 feet with northeast line of said Lot 1 to a capped W' iron rod
found for the PLACE OF BEGINNING;
MICE N 58° 20' 48" E -10.24 feet across the said 1.41 acre tract to a capped VI" Iron rod set far
corner and common with a 0.0991 acre Sprint USA lease tract;
]SCE S 28 51' 20" E - 56.76 feet across the said 1.41 acre tract and along the said lease tract to a
capped W' Iron rod set for corner;
THENCE S 57° 32' 49" W -1239 feet across the said 1.41 acre tract to a capped Vs" iron rod set for
corner in the northeast boundary of said Lot 1;
Mtn N 26° 42' 33" W - 57.08 feet with said northeast line to the ytAcE OF BEGINNING, and
containing 0.015 acres of land.
Filed for bawd is:
MOB MIRY
Out Dee 02,21104 at M:MP
As a
E to R AB;pDIllr:
leaeeeat Unhurt 111 743116
Angst 27.0
lsceipt limber - 296118
Cyelhla Mica
"l(
al et 611 mufti th
is tie Mu ad pp st a
NIB Mgt
u stand Irma ti to
Dec Se, 2034
1111111LE ISM MIN; MIll
AIM Mr
• •
.„ •
01037135 OR 9244 199
Office of Collocation, Inc
Attn: Craig A. Angstadt, President
5970 SW 18 Street, Suite E -1
Boca Raton, Florida 33433
Tel: 561 - 289 -5199
Tax IDN #114915
Geo IDN #004601 -0014 -0025
Brazos County, Texas
WARRANTY DEED
THIS WARRANTY DEED, executed on this 2.1 set day of July, 2009, by the first party, Lydia
Borislde Partnership, a Texas Partnership, and Burton Ray Hermann and Virginia Borislde
Hermann, all as Grantors *, whose post office address is 2721 Horse Haven Lane, College Station, Texas
77845 -6044, to the second party, Collocation, Inc., a Florida corporation, grantee *, whose post office
address is 5970 SW 18 Street, E1 -PMB #235, Boca Raton, Florida 33433 (wherever used herein the
terms first party and second party shall include singular and plural, heirs, legal representatives, and
assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or
requires).
Witnesseth: That said grantor, for and in consideration of the sum of ten dollars and other good and
valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns
forever, the following described land, lease, reservation, and easement etc., situate, lying and being in
Brazos County, Texas, as more fully described in attached Exhibit "A":
"All that certain lot, tract, parcel of land, being known as "Morgan Rector League" A-46,
College Station, Texas, Brazos County, and being a part of the real property has conveyed to
Burton Ray Herman by Deed Recorded in Vohane 1988, page 45, and together with PCS Site
Agreement (lease), as recorded in Volume 3651, pages 236 -240, as later Amended in Volume
4593, pages 39-48, together with Access and Utility Easements all as recorded in the Public
Records of Brazos County, Texas.
Subject to restrictions, reservations, easements and limitations of record, if any, provided that this shall
not serve to reimpose same, zoning ordinances, and taxes for the current year and subsequent years. Said
• grantor does hereby fully warrant the title to said land, and will defend that same against the lawful claims
of all persons whomsoever. "Grantor" and "grantee" are used for singular or plural, as context requires.
Said conveyance by Grantor to Grantee is also under and subject to an Assignment of Lease Agreement
dated July 31 2009 by the parties.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto
belonging or in anywise appertaining, and all the estate, right, title, interest lien, equity and claim
whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the
said second party forever.
1
, 1111
•
Doc Ek Vol P9
01037135 DR 9244 200
IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day and year
first above written. Signed, sealed and delivered in presence of
Lydia Boriskie Partnership
a Texas Partnership
By: . 7 --• - -
Burton Ray Herm: , J ; Managing Partner
STATE OF TEXAS
COUNTY OF BRAZOS
The foregoing instrument was acknowledged before me this 21 ' day of July, 2009 by Burton Ray
Hermann, Managing Partner, of the Lydia Boriskie Partnership, a Texas Partnership, who is personalty known
to me or who has produced yP.It6ts Divvy' $:-.:s 1. tcense as identification.
t {4ijaa/ j r•sk, IkAA-4(
••• •• �
My Commission Expires: 4.11111
X.�
Burton Ray Hermann
. ... ...........
#1 ! 1 11 1 + 2 i D i ia ►��� ‘`�� By:
Burton Ray H .. • ell
STATE OF TEXAS
COUNTY OF BRAZOS
The foregoing instrument was acknowledged before me this ' 4 ' day of July, 2009 by Burton Ray
Hermann, who is personally known to me or who has produced rites t)r►1iws Ltcnyls as identification.
��a +I►rrl
\ `
Notary Publi b 9 . �'
(AFFDC NOS ) My Commission Expires: &t' i 1 i
" ,, :. ••.FX elV ••'. �� Virginia Bori . 'e Hermann
By: r '
V a :3' • riskie Hermann
STATE OF TEXAS
COUNTY OF BRAZOS
The foregoing ins. ,� ecknowledged before me this '0�1' day of July, 2009 Virginia Boriskie
Hermann, who is perso , ,or who has produced ` ikt s DriviVS L<cense as identification.
-; ,• iliARYp • • Qa •.o
Notary Public %
'a •
(AFFIX NOTARIAL VAL 0 ., Commission Expires: g1 II I t I
Qr
/-1/-2011 - - uilt 2
•
Exhibit A
• 0103 0R 9244 201
METES AND BOUNDS D :. - N • a' ON
REVISED SSE srre
0.0991 ACRES (4,317 SQUARE FEET)
Morgan Rector fie, Ar46
Brazos County, Texas
BEING 0.0991 acres, (4,317 square ice), eland Mated in the Morgamt Recur League,
Abstract No. 46, Brazos County, Texas, being out of and a part of a called 163.5 acre
tract of land conveyed to Burton Ray Bona un by deed rec onied in Vohnue 1988, Page
45 of the Deed Records of Brazos County, T ('RBCT). Said 0.0991 acre tract of
land. being m pa cticulariy described by mates and bounds as follows, (Basis of
bearings being Lot 1 of Horse Haven Estates, aceording to the map or plat thereof,
recorded in Volume 4285, Page 35, of the Deed Records of Brazos County, Tem.):
COMMENCING at a lit in the southeasterly right-of-way line of Horse Haven Lane,
(60' 40A-of-way at this point), from which a found 518 inch iron rod with cap stamped
"1852" bears S 66x`51' E, 0.4 feet, said point being an angle point in Lot 1 of Horse
..... HaV es. arxatding to the map or plat thereof recorded in Volume•4285, Page 35,
DRBCT;
TEUINCE, North 41 °43'48" East, a distance of 90.88 Poet along the southeasterly right-
of-way of said Horse Haven Lane to a point for comer;
•
TENCE, North 72 °49'34" a distance of 113.58 feet to the beginning of a taugaad
cure to the tight having a radius of 20.00 feet;
THENCE, in a southeasterly direction a distance of 27.34 foot along the atc of said curve
to the right having a mites of 20.00 fee., a outat ao ie of 78°2013' and a chord that
bears South 68°00'20" East, 2526 feat to a point oftaageitry;
THENCE, South 28 °50'14" East, a cue of 125.18 feet to the most westerly corer
and POINT OF BEGINNING of the herein domed frao
THENCE, North 58°20'48" East, a distance of 79.73 feet to at set 5/8 inch iron rod with
cap stamped "Siteoh Wig" at the most northerly COTINC of the herein described
rota;
THENCE, South 23 °01' 12" Bast, a distance of 5630 feet to a set 5/8 inch iron rod with
oaf+ stamped "Siteoh Engineering" a# the most easterly COMM of the herein described
TI3ENCE, South 57°32'49" west, a distance of 74.08 feet to a set 5/8 inch iron rod with
cap stamped "Sited' Engineering" for the most southerly cornea of the herein described
tract
THENCE, North 28.5014" West, a distance of 56.76 feet to tue POINT OF
BEGINNING and containing a computed 0.0991 acres, (4,317 square feet) ()fiend.
._ ___._..._... .
•
BORIS PARTNERSHIP ErifE1�iT
REVISED ACCESS it � Doc Bk vol Fe
0.1230 ACAS (5,360 SQUARE 0 1037135 DR 4244 202
Morgan Rector League, A-46
Brame County, Texas
arc 0.1230 acrce, (5,360 �1� Saar) also
1323 G a tract parcel of had Rehatarl�, Ab*.aat l4o 46, Brazos Cc tY Tom being out
of and a part of a called 163.5 inn the Morgan to Burton Re y Hemnam� 33.5 acre tact of land caos voy�ed of Brazos Coady, Texas,
dead recorded is Volume 1988, Page 45 of the l:)oed Record � by metes and
(D1tBCi). Said 0.1230 according to 1 ' as fo '" 3S, of the Deed Recces of
the or plat. thereof, recorded in Voltam 4285, Page
Brazos County, Texas.);
COMMEEDICNG at a paint in the aeiutlieastedy tight lioe of gorse Haven Lane,
(60' . might at this point), f om which a found 618 huoh iron rod with crap stamped
"#T852"' tru'e`s 66°51' E, 0.4 feet, said point being an angle 1oixd ht °Lot of Horse
Raven E attes according to the map or plat thereof recorded in Volume 4285, Page 35,
DRBCT;
=ENO S, North 41 °43'48" Bast, a distance of 90.88 tbet along the sourly tight-
of-way of said Horse Haven base to the most westerly southwest writer and the POINT
OF BEGINNING of the hem described tram
THENCE, North 41 °43'48" Bast, continuing with the southeasterly right- of-way line of
said Borne Haven Lane, a dimes= of 5.40 feet 10 a point
THENCE, North 48°16'12" Walt, continuing with the southeasterly right way line of
said Horse Haven a of feet to a
poi, pow
THENCE, North 41 °4 East, continuing with the soy right-of-way line of
said Horse Haven Lane, a distance of 25.03 feet to a point at tho northwest corner of the
heroin described tzar
THTL.NCE, North 72°49'34" Bast, a distance of 90.10 feet to
the
beginning of a tangent
wave to the right bteving a radius of 40.00
THENCE, in a southeasterly direction a distance of 54.69 feat along the are of said curve
to the right having a radius of 40.00 fe , a central eagle of 78°20' 13" and a chord that
beam South 68'00'20" East, 50.53 feet to a point oftamgeoay;
THENCE, South 28 °50'14" East, a distance of 124.20 feet to a point fix the southeast
corner of the herein described tract;
TttNCE, South 58°20`48" West, a distance of 20.02 feat to the most southerly corn=
(Atha herein described tract;
TW NCE,, North 28°50'14" West, a distance of 125.18 feet to the beginning of a tangent
curve to the left having a radius of 20.00 fee
THENCE, in a northwest rly direction, a distance of 27.34 feet along the met of said
curve: to the let having a runs of 20.00 feet, a dal angle of 78°20'13" cad a chord
that burrs I+iartb, 68°'00'20" West, 25.26 feet to a point oftaagemy;
THENCE, South 72 °49'34" West, a distance of 113.58 feat to the POINT" OF
BEGINNING and containing a computed 0.1230 acrum, (5,360 square feet) of land.
11111 .
1 110 ,
•
Doc : 8k VoI is
01037135 OR 9244 203
Filed for Record in
BRAZOS COUNTY
On: Aus 03,2009 at 11:25A
As a
Recordings
Document Number: 01037135
Amount 27.00
Receipt Number w 371485
8s,
Flo Vorkman
STATE OF TEXAS COUNTY OF BRAZOS
hereby
Filed on th instrument date and time me stained hereon on bs se
and was duly recorded in the volume and vase
of the Official Public records of
BRAZOS COUNTY
as stamped hereon by me.
Aus 03,2009
HONORABLE KAREN MCQUEEN? COUNTY CLERK
BRAZOS COUNTY