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HomeMy WebLinkAboutRelease of Easement • • RECORDING PAID FOR BY BLEB 040311; RE \RIVERPLACE \ MPM .DWW (la) 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. RELEASE OF EASEMENT AND DEED W ITHOUT WARRANTY Date: � °?‘ , 2007 Grantor: RIVER PLACE PROPERTY OWNERS ASSOCIATION, INC. Grantee: MPM BRAZOS RIVER PLACE JOINT VENTURE Grantee's Mailing Address: y 9 N. / Se u,nDA, , T X 7770 0Q Consideration: The receipt of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration Property (including any improvements): All of the easement rights, benefits, and burdens related to the Dam Maintenance Easement created and established on the plat of River Place Subdivision Phase Two, recorded in Volume 4178, Page 311, Official Records, Brazos County, Texas, said easement being described as an easement on all that certain 1.67 acre tract or parcel of land lying and being situated in the James Hope Survey, Abstract No. 22, Brazos County, Texas, and being all of the Dam Maintenance Easement lying within Lot 14A, Block 1, River Place Subdivision Phase Two, and said 1.67 acre tract being more particularly described by metes and bounds in Exhibit "A ", attached hereto and made a part hereof for all purposes. Reservations from Conveyance: None. Exceptions to Conveyance: This conveyance is made subject to all valid and subsisting easements, restrictions, rights of way, conditions, exceptions, 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 described property. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance, releases and relinquishes all of its easement rights and grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever, without express or implied warranty. All warranties that might arise by common law as well as the warranties in section 5.023 of the Texas Property Code (or its successor) are excluded. Deed Without Warranty Page I • • r _ This conveyance is intended to include any property interests obtained by after - acquired title. When the context requires, singular nouns and pronouns include the plural. RIVER PLACE PROPERTY OWNERS ASSOCIATION, INC. By: J son Shaw, President THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on the o7 ?/ day of -'"'e ,2007,by Jason Shaw, President of RIVER PLACE PROPERTY OWNERS ASSOCIATION INC. a Texas corporation, on behalf of said corporation and in the capacity herein stated. low NOTARY PUBLIC, State of Texas 4 5,Spe , LINDA D. BROWN Notary Public Notary's name printed: State of Texas LI) ^ NoFd r COMM. Expires 12 -12 -2009 Commission expires: 12- Z 'O RECORDING PAID FOR BY: HLEB 040311 PREPARED IN THE LAW OFFICE OF: AFTER RECORDING RETURN TO: HOELSCHER, LIPSEY, ELMORE & BENN, P.C. 1021 University Drive East College Station, Texas 77840 WCL: \RE \RIVERPLACE \MPM.DWW (la) DEED WITH UT WARRANTY RIVER PLACE PROPERTY OWNERS ASSOCIATION, INC. to MPM BRAZOS RIVER PLACE JOINT VENTURE Deed Without Warranty Page 2 H: \Lead Projects R2 \041 \James Hope A- 22 \Seege \River Place Subdivision \Phase 2 \Exhibits \Dam Mal lce Easament.dwg 10/21/2005 2:53 :01 PM CDT I / 1.67 Acre Dam Maintenance Easement " River Place Subdivision Phase Two EXHIBIT " A Vol. 4178, Pg. 311 James Hope Survey, A -22 Brazos County, Texas Field notes of a 1.67 acre tract or parcel of land, Tying and being situated in the James Hope Survey, Abstract No. 22, Brazos County, Texas, and being all of the Dam Maintenance Easement lying within Lot 14A, Block 1, River Place Subdivision Phase Two, recorded in Volume 4178, Page 311, of the Official Records of Brazos County, Texas, and said 1.67 acre tract being more particularly described as follows: BEGINNING at the 1 /2" iron rod found marking the common corner between the beforementioned Lot 14A - 4.21 Acres, Block 1, River Place Subdivision Phase Two and Lot 35 - 7.76 Acres, Block 1, River Place Subdivision Phase One according to the plat recorded in Volume 3916, Page 202, of the Official Records of Brazos County, Texas; THENCE N 45° 49' 38" W along the common line between the beforementioned Lot 14A and Lot 35, Block 1, River Place Subdivision Phase One for a distance of 265.24 feet and corner, a "/2" iron rod found marking the common corner between the said Lot 14A and Lot 35, Block 1, River Place Subdivision Phase One, bears N 45° 49' 38" W - 10.00 feet, said "/2" iron rod also being in the southwest line of a 24.06 acre lake tract; THENCE N 44° 12' 49" E parallel to and 10'• southeast of the northwest line of Lot 14A for a distance of 274.45 feet and corner; THENCE S 45° 58' 24" E along the northeast line of the beforementioned Dam Maintenance Easement for a distance of 265.05 feet and corner in the common line between the beforementioned 14A and the 93.543 acre tract described in the deed to Frank W. Gould and Hugh W. Lindsay recorded in Volume 325, Page 397, of the Deed Records of Brazos County, Texas; THENCE S 44° 10' 22" W along the common line between the beforementioned Lot 14A, Block 1, River Place Subdivision Phase Two and the 93.543 acre tract for a distance of 275.13 feet to the PLACE OF BEGINNING, containing 1.67 acres of land more or less. ■ E .OF T i ∎ 0 ° — G t S T • c�- /- Surveyed April 2000 �� CO . �� °�I�J' � ` iso • SCALE: 1 " =100' y p 7 S.M. KLING ► By: ` \ r :� 2003 P �, 4. S. M. Kling ` . SUR,', &"-1/4 %• - , R.P.L.S. No. 2003 _ _ _ ; 2.1 15 9 ACRES _ _ _ _ _ _ _ ��1 I 10 PEDESTRIAN & RIVER PLACE LAKE 1 ; IRON 20' WIDE DAM ' SI DEWALK EASEMENT 24.06 ACRES a 00 F ND I — — -_ _ __ - _ __ N 44'12149"&.274.45' , _ _ - - — -- --72 , .._ — b- 20' PUBLIC 25' BUILDING LINE UTILITY EASEMENT En to (4 t0 co LOT 35, BLOCK 1 LOT 14A, BLOCK 1 7.76 ACRES 1.67 ACRE DAM N N 4.21 ACRES RIVER PLACE, PHASE 1 CA MAINTENANCE fal RIVER PLACE, PHASE 2 VOL. 3916, PG. 202 N EASEMENT O VOL. 4178, PG. 311 cm I P.o.B -- -- - o -- -- -- I /2 IRON S 44'10'22V-475.1J' WL oo FOUND FRANK W. GOULD AND HUGH W. LINDSAY Exhibit _ 93.543 ACRES VOL. 325, PG. 397 Page i of _1__PageS xREF: KLING ENGINEERING & SURVEYING BRYAN, TEXAS