HomeMy WebLinkAboutWarranty Deed1&/11/LU14 UJ:J4 VAA
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WARRANTY DEED
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STATX OF TEXAS
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KNOW ALL MMN BY TW4E rIMENTS, THAT:
COUNTY OF 8f2A7.OS
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GARY SfiABA1;K, a single person, of the C- onnatY of Braaoa. Store or T==. GRANTOR
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for and is oomidaaeon of the wm of TEN DOLLARS (510.00) and othn good and valaabk
considerations, CASH, paid by COLLEGE STATION MDEPENDENT SCHOOL DIStRICi.
whose addtxsa a ! 8 12. W e t sF, 5tx t ��.+ / i «— -7-,�
9 4 GRANTER, the receipt and sufficiency of which arc hereby acksoviledgod
HAVE GRANTED, SOLD AND CONVEYED and by that ptxwb do GRANT, SELL
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AND CONVEY =to the said COLLEGE STATION MEPBNDWT SCHOOL DISTRICT, all
of the following deroibcd rat proper, together with all of Cwmk is improvemmu dw oo,
so -+f7t:
Tray 1:
Field notes of a 61.28 acres tract or parcel of lnivd, lying Wild bcins sidwted in the Robot
Stevenson Survey, Absu&a No. 54, 'Br zw Cowry. Tetras, and being pstt of the tattled
! 17 f/2 sae - Trod Onc tmd part of the called 90 tfcre Tract
(rW) - Two and all of the
ealfed 10 outs - Tract T4rce desenbed to the decd from A. S.• McSwais. et ali to Gory
Seabeds as rtoorded io Volume 2599, page 186. " of *e Offieial Roads of Brazos
Camty. T=4 and said 6428 acre Van being moro pWiticWarly dea<n'bed ar &now
BEGINNING at a noesSa fence corset nw Ung she intersection of Ae southwest I," of
the beforerseneiooed 90 oars tract with du wAheast ftarced line of Buren Road;
THENCE along the southeast fenced line of BPrrm Road, a followr.
N 44' 22' 47' B - for a &s mcc of 799.39 to a etva & fmoa corner atgle point,
N 45' S6 36' E - fa a ditUbm of 434.93 to a crm6e fence poet utBIc ppin,
N 46' 36' 07' B - rot a durance of 203.68 fcet to 1Le intesection of 1LO north ad of the
ca tcrline of proposed VktoFis Avenue (70' wide right of -wqy)�
THENCE along the eeotalme rfe"r war of the ptnpoaed V'mUwia Avenue (70' wide
right- of=wry) Boa through the inferior of ft bdarsmmdooed 117 1/2 acre tact, w
tollwWi:
S 43 40' 36' R - for A d Amce of 1612.79 feet to a I/P iron sod set at the bepmlgg
Of A nave. cmcays 10 the sOnbxn. Lavin` a ndius of 770.00 feet.
SCR Aemteiy alwS Paid craw for an we k&r% of 10731 1!ect to s 1R' Teas sad as rR
the tod cf 11112 curve, the chard bean S 47. 40
B . 107.42 fesa,
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S 31.40' 36'-8 - for a distance of 147.70 feet to a Itr iron wd set as the bcgtnntgg Of
a cwa, eoucave to the southwprt, having a ndim of 62o.00 foes
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S laty along said CLwn for m arc I=gth or 4S.21 rest to the ccwa o f Spring
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Cheek the the chard bar& S 49. 33' 16' E - 45.20 rcm
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TtIENCE along the oentorliue meadm of Spring beck. as follows:
S 3r 43' 34 W - for a dietmoe of 35.55 fee;
S 41. 14' 3r W . for a distance of 39.69 feet,
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S W $2 8 - for a distance of 46.os rest,
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S 21 34' 10' W - for a distance of 22.12 foe.
S 33' 16' 46 - . W - for a &ramx of 27.73 fear to the juacdon ors tnbia IIo Spry
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THENCE 41009 the waterline 0teandel of said tnMarr as follows:
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N 63. 19' 37' W - for a d6taace of 13.69 feet.
N 9r 59' 03' W - for a distance of 19.34 foot,
0636770
S 31.40' 36'-8 - for a distance of 147.70 feet to a Itr iron wd set as the bcgtnntgg Of
a cwa, eoucave to the southwprt, having a ndim of 62o.00 foes
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S laty along said CLwn for m arc I=gth or 4S.21 rest to the ccwa o f Spring
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Cheek the the chard bar& S 49. 33' 16' E - 45.20 rcm
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TtIENCE along the oentorliue meadm of Spring beck. as follows:
S 3r 43' 34 W - for a dietmoe of 35.55 fee;
S 41. 14' 3r W . for a distance of 39.69 feet,
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S W $2 8 - for a distance of 46.os rest,
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S 21 34' 10' W - for a distance of 22.12 foe.
S 33' 16' 46 - . W - for a &ramx of 27.73 fear to the juacdon ors tnbia IIo Spry
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THENCE 41009 the waterline 0teandel of said tnMarr as follows:
N 63. 19' 37' W - for a d6taace of 13.69 feet.
N 9r 59' 03' W - for a distance of 19.34 foot,
S 29. 19' 43' W - for a distaoa of 16.36 fee.
S I r 19' 42` W - for a dittmmce of 9.25 fees,
S 390 15 ' 41' W - rnf a distance of 17.13 feet,
N 92 26 W - for a distance of 29.66 Poet,
S 75 10' 40 w _ for a distance of 26.91 reef,
S 14 03' 45 W - for a dEumce or 19.32 rocs,
S 13' 29' 3r w - for a distance of 29.66 feet,
S 11. 35 Or . 5 - for a distance of 2439 feet,
S 59' 03' 05' E - for a &nmve of 11 -o6 feet.
S 11.02' 1r w - for a d;, of 64.96 fact,
S 44' 29 44' W - for a disimce of 29.16 feet,
S 23- 25' 24' W - for a distance of 21.13 fee,
S 43' 43' 41 W - for a dietowe of 40.14 feet.
N 76' 22' 40' W - for a &tmw of 16.56 feet.
S 52.36' 22' W - for a distance of 55.61 feet,
S 21 26' 3r W - fce a dium�ce of 13.13 reef.
S 54.43' 11' W - for a distance of 39.91 fees,
s 1 70 42' 30' w - for a ostancc or 33.03 fbm
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S 51 11' W - for a distance of 3939 feet,
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N 80' 20 W - for a distm>ce of 21.94 fees,
S 50 40' 33" W - for a distance of 12.61 feet,
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S 23' 19' 40' W - far a distance of 32.51 fat,
S 06' 49' 14' W - for a diLwft of 15.21 feet,
S 47.36' 2T E - for a &"cc of 19.63 feet.
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S 62 E - for a distana of 32.15 foci,
S 19.42' 39' B - for a distance of 20.17 fat,
S 11.31' 31' W - for a distance of 15.34 fat,
S 30 12' 31" E - for a d4unoa of 10.32 fed to tie mini of Spumy C m&
THENCE along tbt ce ntaline mandus of Spring (kook as MOW..
S 27' 31' 36" W - for a distance of 28.43 fact,
S 89' 00' 43" W - for a distance of 1263 fed,
S 41' 07' or W - for a distmce of 37.12 feet,
S 22 17' 26" W - for a disunce of 12.04 fee;
THENCE through the iraaivr of the beforementiaoed 90 acre team a4acm to and
northwest of Sprivg Clock as follows:
S 43. Sr Sr W - for a distance of 255.91 feet 10 a 1/2' iron rod set,
N 76 02' 08 W - for a distaeee of 221.37, fed to a I irm rod ref
S 43' 57' 52" W - for a diawce of 218.58 few to a 1/Y "von sod act, is the soaffiwat
We of the 90 um vacr, from which-the 314" iron rod farad in the: oQth rigM-0f- -w* Use
of the proposed State Hwy No. 40 bars S 46' or or E - 497.85 fact;
TNENCE N 46 02' O8' W - Owl; the southwest line of ibe befamnead W 90 we
auk adjaeeot to a fence, for a disuoee of 191300 ka w P1,ACE OF BEGINNING
coca iniog a total or 64.28 acm of load, nxw a at ksa, of which 1,54 noes lie sritbiq fie
ympmcd n&-of wq of Vie ma Avcuc
Basis of bwiags is ibc mcovaod aatbwat rise of on 734.96 acre tract, t000tdcd in
Volw= 11511, Page 90, with a mead bench g of N 44' SW 48' a
Tract 2 Basamcat
Field oota of a 3.25 acre tract or Pavel-of land, lying and being sitvatod in the ltobc t
Stovonsoa Swrvcy, A%Mmx No. Si, Brame County, Texas, and being part of the =bed
l 17 IR ant: - Tract One and part of the 42lled 90 i= (wet) - Tract tyro damnbed is 69
' deed f m A_ S_ Mdwaio, d all to GM Seaboa as retarded in Volams 3597. Page J86.
of &a Official Rtoords of Brazos' Comfy, T exas, and king the popand rig>ww o(f M of
Vidoeia A V (70' rk%sa way) flak Barem Rod 10 propaed Stale Hay Na 40 wed
sad 515 acre tract being mote pwbcdwty daa*w as folloog .
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1 ObDO4ENCM et fho 11' esea90N poet k»oe curer found Maimzg the occupied north
comer of tee befarwrcati000d 117 tf2 an tend in the faw southeast lime of Dacron
THENCE S 46. 28' S9' W - along the leaved mutheast line of Bartm Road for a
distance of 1293.84 fact to a 1R' fret rod net at the beginning of the transition ..
from Barton Red to Vim& Avmuq for the PLACE OF BWRM NG of this
description, said curve Wag concave to the awst having a radius of 25.00 test;
THENCE along the prupmod northern and cant right- of-way line of Victoria Avenue (70'
wide rigb"f- -way) pmd throngb the interior of the beeforementiorsod 117 112 ache tract and
the beforca entimcd 90 acre vac; .m follows:
Southwesterly wed sartDQly 91099 said aavc for ass arc length 009.42 feet to a 1/2' iron
rod set at the cad of this caret- the chord bears S 01 29' 38' W - 33.46 feet,
S 43' 40' 36' E - for a distance of 1587.46 feet to a if2' iron rod set at the beginning
of a awm concave m the noroeast, baving a radius of 735.00 feet,
Southm"ely aim said curve for an are length of 102.63 foci to a 1/2' iron rod set at
the cad of this crave, the chord banns S 47' 40' 36' E - 10154 feet,
S Si 40' 36" B - for a disaeaee of 147.70 feet to the beginning of a curve. stave to
the southwestt, having a radius of 655.00 feet,
Southemstedy along said curve at m arc length of 41.73 fat, cmu the cm w of Spring
Creek, continue on for a IOW 'ate length of 571.64 feet so a 1/Y iron rod set st the cad
of this curve, the chard bears S 26.40' 29' 0 - 533.67 feet,
S 01' 40' 23' E - for a disunee of 827.48 feet to a 1/2' iron rod to at the begimiog of
the tr imition curve from Victoria Avenue to the proposed State Hwy No. 40, said curve
being concave to the northeast, having a radius of 25.00 feet,
Southerly and toutheasaaly along said tsar Jon torte Oar m arc length of 3927 fat to
a 1/2' iron rod sat H the cad of this curve in the proposed north right.ot tray line of Steve
Hwy No. 40, the shad bears S 46.40 23' E - 35.36 fact, from which a 3/4' iron end
found at m ingte point garner in the proposed norb right -of -way lire of State Hwy.No.
40 bean N 88. 19' 37' 8 - 1172.66 feet
THENCE along the proposed north right-of- -way line of Stare Hwy No. 40, as follows:
S 88. 19' 37' W - lot a distance of 8.42 fen to m angle point corner,
S 87 58' W - fa a distance of 11).38 fen to a 1/Y iron rod set or the beginning of
the 07midon curve fray, State Hwy No. 40 to VkwkAvtsne, said anus being concave
to the nordmest having a radl es of 25.00 feat, a3/4' iron rod found at the int e+elioa
of the north right-of-way ling of State Hwy No. 40 with the southwest ling of the
before nmtieaed 90 awe tract hears S ST 27' 02' W - 793.08 kit, gad a 1/2' 'von rod
making an angle point corner is the north line of State Hwy No. 40 boars S Or 50' S8'
W - MRS feet;
THENCE along the proposed westerly and southwest right_of-way line of tee
beforerorntiwod Victoria Avenue (70" right .9f -way) and through the mtcdor of the
beforeaeadoned 90 and 117 1/2 art tracts, as follows:
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Narthaly wed northwesterly alwg said aatuctiou carve fo an art length of 39.06 feet
a a 1R' iron rod set at Ote end of this curve, The chard bears N 43 05' 18' E - 33.21
fees,
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N 01 40' 23" tN - for a distance of 828.41 feet to a 1/2" iron and act at the beginning
of a curve, co=ve 20 the southwest, having a radius of SSS.00 foci,
Northw -,Piy along said curve, at an arc dirtante of 461.86 fat, Cana the center of
Spring Creek, continue on for a total arc length of 510.55 fat to a 10" iron rod Pet at
the end of this curve, the chord bears N 26 29" W - 494.50 feet;
N 51. 40' 36" W - for a distance of 147.70 feet to a IR" iron rod act at the btgingioa
of a curve, concave to the northeast, having a radius of 805.00 feet,
Northwesterly along said cum for an are length of.l 12.40 feet to a 1/2' iron rod set at
the end of this turn, the chord beevs N 47. 40'36 W - 112.31 fit,
N 43.40' 36" W - for a distance of 1588.08 fat to a 112" iros rod set at the beginning
of a trans t 009 curve from Vittoria Avenue to Barron Road. said curve being concave
to the south, having a radius of 23.00 feet,
to a In" siedy and westerly along said tr m'donal curve for an arc length of 39. IS feet
to a 1/2` iroo rod set at du end of this curve ire rant aouNeast 1,ne of Basroe Revd, Sh
chord bears N 88. 32' 14" W -35.27 fcM from whid,• a aoude fence come: inn the
tw
sthrast line of Barron Read marking the we= occvpled corner of 90 acre reset baaa
5 45 06' 18' W - 1377.96 feet;,
THENCE along the cdxtin`, fenced southerst line or Barron R04 as follows:
N 46° 36' 07" E . for a dk"ance of 86.24 feet to a 1/2" iron fvnmd at an angle point
Cotner.
N 46' 39' 52 E - for a distance of 33.79 fed to the PLACE OF BEGINNING,
containing 5.25 acres of land, Poore or kas.
Basis of bearings is the recovered northwestt line of the 734.96 acre tract, recorded in
Volwnc 1138, ►age 90, with record bea ing of N 44. 50' 48" E.
These Is hereby EXCEPTED and RESERVED from this cmveyenor, and retained in
favor of the Grantors, thar heirs, executors, sdminimwon and assigns, in perpetuity, all
of the oil, gat, and other minerals in. en or under the haeinabove described Prgpe:q
presently owned by Grantors; provided, however, Grantors, their heirs; executors, apd/er
+drtrinis+raton and assig=ns, sball )cave no right of ingres raid eSn= at a y time for the
purpote
of mW d
and er minerals or f stain ormg, �>an$ and develgADZ yid lands for oil. gas,
tame therefrom. Thies reservation ,and ex & F pt ver, I n c or g th eri toe
Grantors, their bgin, executors and/or adrm�eo shah, d asst pr ; the right of
tuttntorP, and assipa, to VW kases on the
property to develop same by dvncevW dulling, substvface p,sificatioo a liqucikdon
prvoecses (ice .MY event without being decried rapoen'bte a Uabio for MAnStaa .
11 MCP+u). pooling or uaitizaaion.
rob cenveym,rpc is nude subject to the following ratriaiooa and exceptions:
I- Existing 10' wide spell scans read on the northeast tide; as shown on Purvey
prrpmed on laauQy 27, 1999, under tho ATcrvioott of S- M. Kling, R. P.L.S. #2003.
2. 20' Blanket Ekctricsl Baaanent dazed April 19. 1937, by A. B.
Mowain, et tor: to City of Bryan, and recorded in Volume 98, ?ago 319 of the Decd
prepares of Brazes Cougty, Te m the, -dr at side, to noted and a shows o0 zwwy
prepared on laeuWy 27, 1999, under the PWaritipa of S - M. Kling, ".L.S. 1#200
3. 30' Easement dsted January 13. 1982, aacuted
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at to Prodoom Guu COMPlay, and tocoreled fe VtAuer -7L s P. mczwa,o. Trustee, %
r Pw 304 of the Deed
03:30 PILL
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37 FAX 10 006
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RReo�orde of Brwoos 0 = 1 y. Tom, a noted an ON yrep,oed an January 27. 1999, the eupavWm of S. M, ping, R.P.L.B. Aim.
d- 30' Su meat dated August 13. 1982 executed by Lois P MoSw &io T=,f, tt al
to Peodttoert Gas Company, and recorded in Volume 334, Pogo 102 of the Dad
Records
Of Brazaa Cotmty. Texas, as noted on survey prepaed m Jam, 27, 1999, under the
eupervWOR of S. M. Kling, R.P.LS. 02003,
S. 20' Water Pipehine F-aaent dated My 14.1971, mem4ed by A S. Meswain to
Wdlborn Water Supply Corporation, and race." in Volume 303. Page 325 of the Deed
Records Of'Drum County, Torras; on the monbwtxt side, as shown an survey prepared
on January 27, 1999. under the supetvisiae of S. M Kling, ILP.L.S. ``2003.
6. 20' Blanket Electrical Eamcomt wknowded6ed AFit 26, 1937, executed by A. S_
McSawiti to City of Bryan, and recorded in Vohurtc 98. Page 321 of the Deed Records
Of Brand County, Texas; co the northwest side, as noted end m shown on survey
prepared on January 27. 1999, under the supervision of S. M. Kling, ILP.I,.S. 02003,
7. 30' Usernent dated August 13, 1981. executed by A. S. McSwain, Jr.. Trustee,
ct alb Produmn Gas Company, and recorded in Volume 534. Page 96 of the Deed
Reeads of Brame Canty. Texas. as -noted an surrey prepared an January 27, 1999.
under the supervision of S. M. Kling, R,PJLS. 62003.
Z. Consequences of past a future chmt t in the location and/or direction of Spring
Creek and/or its tributary which forms a P09600 of the southeast boundary line.
9. Subject to the 1.54 which lies within the Proposed right-of-way line of Vittoria
Avenue, as shown on surrey prepwod of January 27, 1999. under the mqx vis3m of S.
M. Kling. ILP.L.S. M2003.
10. Miaesai Reservation in Deed dated November 9. 1906 exec -ed by Gate Goes,
es at to A. S. McSwain, rteorded in Vdume 136, Page 253 of the Deed Records of
Brazos County. Texas.
'
It. Mineral. Reservation in Deed adm9•detlged July 29, 1954, executed by R F.
McSwain, et u: to A. S. McSwain. t000rdcd in V ol
Records of Brazos County, Texas urme 164. Page 119 of Ilse Deed
12. Tenn Mineral Reservation in Deed dated January 1. 1938, executed by S B.
McSwain. et ux to A. S. McSw" recadod in Volume 186. Page 425 of the Decd
Records of Brazos Coneq, Texas.
s 13. Ro Deed elated February S, 1993, v=t# ed by Rosa'F. McSwaK Jr. to J. D.
Minoan and JEH Interests, rnowded in Volume 1715. Page 266 of she Offucird Rocorda
Of Brame Canty, Texas,
:
14. Royal ;y Deed dated March 5. 1993, e by Ross Frrwcis McSwain; Sr.,
Testamentary Trust, Ran P. McSwain, Jr., Trustee to JEH tateassta and J. D. Miomals,
tmaded in Volume 1739, Page 95 of 60 OfficW Rergds of Bros County, Texas.
13. Oil R Cris Lease dated Sep udw 27.1976, executed by Lurline M. Edge to (Sties
Service Co^'tany, recorded in Volume 24, Page 167 of the Oil sod Gas lase Records
of Brazos Canty. Tows.
16. 00 A [has Lease dated September 27.1976, executed by Grate M. Goes to Cities
Savings Company, recorded in Volume 24. Pagc 163 of the Oil A Gas lease Records of
Brazos C.oxmty. Texas,
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17. Oil A Gas Lease A- September 27, 1976, executed by A. S. McSwa* et ux
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to Cities Service Company, recorded in Volume 24, Page 149 Of the Oil A GM lAaft
Q
Records of Bra= County, Tcm.
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19. Oil & Gas Lease dated Septerrita executed 27. 1976. executed by Paul W. Mcswaip to
4
Cities Service Company, rcoordcd in Volume 24, Page 244 of the Oil A Gas Lvwc
Rocurd3 of Brazos County, Tcxa3.
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19. oil & Go tzasc doW Uplemba 27.19 executed by Ron F. MeSwaik Jr. to
Cities Service Company, recorded in Volume 24, Pap 249 of the Oil & Gat Lease
2
Roca* of Brawn County, Taw, as amended in Volume 4%, Pap 120 of the Dead
4
Records or Or BrA County, Texas.
20. Oil A Gat IAM dated September 27, 1976, executed by luft L McSW='n to
Cities Service Company, recorded in Volume 24, Page 377 or the Oil & Gas Lem
Recor of Brazos County. Texas.
21. oil A Gas Lcoc dxW April 17, 1991, executed by Lynette E. Brown to The
Williams parmcFibip, n=oT&d in Volume 1260, Page 216 of Ow Ofrsdal,RwAwd:; of
Bra= County. Tcxa3-
n, Oil &- Gas Lease dated April 16, 1991, executed by Urns MoSwain to The
Williams Partnership, recorded in Volume 1260, Pap 241 of the Official Records or
1Brsaps County, Texat.
23. oil & Gas 1.4== dated April 16, 1991, czacuted by Rom F. McSwaia, N. to The
Williams PaTuambip, recorded in Volume 1271, Page 2% of the'Official Recants of
Braze County, Tex=.
24. OR A Gas Uwe dated April 22, 1991, executed by Grace E. Goen Friale to The
Williams Partnership, recorded in volume 1282, Pap 189 of the Official Recor& of
Dram County, Tem.
25. Oil & Cm Lease dated Febnukry 25, 1991, executed by A. S. McSivals, et al. Co-
Trusta6under the will of A- S- MeSwain. decesised to The Williwas - Pxrtnenhip.
recorded in Volume 1260, Page 222 of the Official Retards of Brame Carty, Toxxx
26. Oil & Cm Lem dated Sqftmbcr 28. 1976, executed by A. S. McSwain, Jr.,
Tnom. ct al to Cities Savior Company. recorded in Volume A Pap 155 of the M &
Gas Lease Records or BF&M County. TcXW
27. Oil A Gas Lease doed Febrawy 25, * 1994execused by A. S. McS*a* Jr•, ct d,
Trustee to TI)c Willimm Pxftcnbip. n000eded in Volume 1260, Page 219 of the Of
Rccordl of DMEW County. Texas.
TO HAVE AND TO HOLD 9k abort docribod premises 0)gctbcr all and singular
the rijbis and appurtenances thereto m anywite bel-ging unto the said Grwtee; its suceapon
and amps, forever, and Greater deer huft bind bunpe f, ha ban and anWw, to WARRANT
AND FOREVER DEFEND all sod smsula the said pr=im mw the said Grantor, is
gilceesica and Usim S&M every Pasco wbomtoever low/My cWMi'g or to Claim ON aseas
or any part &-a, auliect, li—er. 10 the exceptions and bazinabove see Ibr&
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�! Ad vatoncm =a tar the parrot year ha; a been >xr d r of
d+c daft of dt7iv&y of this 3
dM4 and the �raoft by its rs
- aatptsnpc heroot p7 4mts � to P4 ap ad valomm taza 0
l up0 the P'Veftr bast and indudi% tam for the ycx 1499. 4
WITNESS hand this the
�' day oA
.1999.
oc S
STATE OF TEtiXM
CDVNTY OF BRAZOS
f ' • This ius was ad= -kd&W betaz
t , GARY SFABACK 0°c 0° 9 dgy of Sepktnba. 1999 by
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