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Home My WebLink AboutPublic Utility EasementDoc Bk Vol p 00856677 OR 6066 244 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 GRANTOR: BV DEVELOPMENT COLLEGE STATION, LLC, a Nevada limited liability company GRANTOR'S MAILING ADDRESS: 7272 E. Indian School Road, #215 (including County) Maricopa County Scottsdale, Arizona 85251 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: 1101 Texas Avenue (including County) Brazos County College Station, Texas 77842 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration PROPERTY: Tract One: All that certain tract or parcel of land containing 0.156 acres of land situated in the City of College Station, Brazos County, Texas, being a portion of Lot 5A, Block 1 Replat and Subdivision Plat Establishing Lots IA, SA, 9, 10 and 11, Block 1 of the Gateway, Phase I, according to the map or plat thereof recorded in Volume 4998, Page 262, Official Records of Brazos County, Texas, said 0.156 acre tract being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all intents and purposes. Tract Two: All that certain tract or parcel of land containing 0.006 acres of land situated in the City of College Station, Brazos County, Texas, being a portion of Lot 5A, Block I Replat and Subdivision Plat Establishing Lots IA, 5A, 9, 10 and 11, Block 1 of the Gateway, Phase I, according to the map or plat thereof recorded in Volume 4998, Page 262, Official Records of Brazos County, Texas, said 0.006 acre tract being more particularly described by metes and bounds on Exhibit "B" attached hereto and made a part hereof for all intents and purposes. This conveyance shall grant the rights herein specified only as to that portion of the above - described Property more particularly described on the attached Exhibit "A" and Exhibit "B" known as the "easement areas," and any additional areas outside the easement areas necessary to install and attach equipment, guy wires, and anchors necessary and incident to the uses of the Easement Areas to erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify and remove the following: Page 1 Bg4egal.. group( o) /ememenilrorkft'sh -bv deve1opmew1public wNfiry earenwl.doc 05118/2004 Doc Bk Vol Pg 00856677 OR 6066 245 Electric transmission and distribution lines; Water lines and sanitary sewer lines, connecting lines, access facilities, and related equipment; Stone sewers and collection facilities; Television, telephone, and communications lines; Drainage ditches, drainage pipes and all other drainage structures, surface and subsurface; upon, over, and across the said Property as 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 easement 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 being 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. Grantor will provide Grantee with the names and addresses of all lenders. RESERVATIONS AND RESTRICTIONS: NONE. Upon the recording of this Pubde Utility Easement in the Official Records of Brazos County, Texas, the Temporary Blanket Utility Easement executed by Rockfish, L.P. to City of College Station, Texas on November 29, 2001, and recorded in Volume 4416, Page 204, of the Official Records of Brazos County, Texas is hereby RELEASED. 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 itself; its successors 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. BV DEVEL ENT COLLEGE STATION, LLC, a Nevada ' 't liability company BY: P RRY MANN, Member/President of V DEVELOPMENT COLLEGE STATION, LLC, a Nevada limited liability company CONSENT AND•SUBORDINATION BY LIENHOLDER Lienholder, as the holder of lien(s) on the fee simple title to the Easement Property, consents to the above grant of an easement, including the terms and conditions of such grant, and Lienholder subordinates its lien(s) to the rights and interests of the easement, such that a foreclosure of the lien(s) will not extinguish the rights and interests of the easement. FIRST STATE BANK, M. B y: Printed Name: PAUL DI PAQLA Title: REGIONAL PRESIDENT o FIRST STATE BANK NK Page 2 Bg ..9r0up(v)1ewemen1Awkllsh -bv deve/opment/publlc utility eavemmt.doc 05118/2004 Doc Bk Vol 00856677 DR 6066 APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SUBMISSION FOR APPROVAL. City Attorney THE STATE O k COUNTY OF LP k ACKNOWLEDGMENT This instrument was acknowledged before me on this�y of aA 2004, by PERRY MANN, Member/President of BV DEVELOPMENT COLLEGE STATIION, LLC, a Nevada limited liability company, on behalf of said limited liability company. TAMMY Do -- Notary Public - khm Notary Public or to of THE STATE OF COUN'T'Y OF ACKNOWLEDGMENT This instrument was acknowledged before me on this day of 2004, by of FIRST STATE BANK, N.M., on behalf of said bank. PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842 -9960 Notary Public in and for the State of AFTER RECORDING, RETURN TO: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842 -9960 Page 3 246 Beegal..groWg)leas at/rock/uh -bv developm=11pub1ic wiliry c"emen'.doc 0511&7004 Doc Bk Vol Rg 00856677 OR 6066 2 247 APPROVED AS TO FORM THIS DOCUMENT MAY NOT BE CHANGED WITHOUT RE- SUBMISSION FOR APPROVAL. 4� - i it i� L1.�� City Attorney THE STATE OF COUNTY OF ACKNOWLEDGMENT This instrument was acknowledged before me on this day of , 2004, by PERRY MANN, Member/President of BV DEVELOPMENT COLLEGE STATION, LLC, a Nevada limited liability company, on behalf of said limited liability company. THE STATE OF e a COUNTY OF rw wK l 1'0 This i 2004, by I on behalf of i Barraza � i Zara too -TARY PUE"C STATE OE NEW MEX ICO ��da.""'•O ices: My Commi^ si °n EXY . — PREPARED IN THE OFFICE OF: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842 -9960 Notary Public in and for the State of ACKNOWLEDGMENT on this x day of r ^ 1 0 5 - 1 of FIRST STATE BANK, N.M., -� 1, 6 Notar in and forAffe State of A�n— AFTER RECORDING, RETURN TO: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842 -9960 Page 3 Bsaejal.j *)1e=emeebroayirh-&v Wk wolryearemmadoc Doc Bk Vol 00856677 OR 6066 P Bury; Partners �;cmeuItillg vilgiiic ors ,and Sill'%V%14r'S 0.156 ACRES (6,789 Sq. Ft.) 50354- 01ex2.DWG FIELD NOTE DESCRIPTION ELECTRIC LINE EASEMENT FN NO.50354- 01- 2(MTH) MAY 4, 2004 JOB NO. 50440 -01.92 0.156 ACRES OF LAND SITUATED IN THE CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT 5A, BLOCK 1 REPLAT AND SUBDIVISION PLAT ESTABLISHING LOTS 1A, 5A, 9, 10 AND 11, BLOCK 1 OF THE GATEWAY, PHASE 1, ACOORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4998, PAGE 262 OF THE OFFICIAL DEED RECORDS OF BRAZOS COUNTY, TEXAS; SAID 0.156 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CimME TCnM, AT A FOUND %I INCH IRON LOCATED IN THE NORTHERLY RIGHT -OF -WAY LINE OF UNIVERSITY DRIVE EAST (FM 60 - R.O.W. VARIES), AND MARKING THE MOST -SOUTHERLY CORNER OF LOT 6, BLOCK 1, THE GATEWAY PHASE. 1, A SUBDIVISION ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 3663, PAGE 313 OF SAID OFFICIAL DEED RECORDS, SAME BEING THE MOST SOUTHERLY CORNER OF SAID LOT 5A; TBF.NCE, N21 ° 50'04 "W, LEAVING THE NORTHERLY RIGHT -OF -WAY LINE OF UNIVERSITY DRIVE EAST, ALONG THE COMMON BOUNDARY LINE BETWEEN LOT 5A AND LOT 6, A DISTANCE OF 20.00 FEET TO THE .POINT OF BEGINNING, BEING A POINT IN THE NORTHERLY LINE OF AN EXISTING 20.00 FEET WIDE UTILITY EASEMENT, AS SHOWN ON THE SUBDIVISION PLAT ESTABLISHING LOTS 1A, 5A, 9, 10 AND 11, BLOCK 1 OF THE GATEWAY, PHASE 1, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4998, PAGE 262 OF THE OFFICIAL DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE, N21 0 50'04 "W, LEAVING THE NORTHERLY LINE OF SAID 20' WIDE UTILITY EASEMENT, CONTINUING 'ALONG THE AFOREMENTIONED COMMON BOUNDARY LINE, A DISTANCE OF 35.85 FEET TO A POINT; THENCE, LEAVING THE AFOREMENTIONED COMMON BOUNDARY LINE, INTO AND ACROSS SAID LOT 5A, THE FOLLOWING COURSES AND DISTANCES: N01 ° 50'52 "W, A DISTANCE OF 15.46 FEET TO A POINT; N22 ° 57'31 "W, A DISTANCE OF 151.41 FEET TO A POINT; 248 EXHIBIT A Doe Bk 00856677 OR 6066 249 N68 ° 01'18 "E, A DISTANCE OF 107.53 FEET TO A POINT; N21'40 "E, A DISTANCE OF 49.09 FEET TO A POINT LOCATED IN THE COMMON BOUNDARY LINE OF SAID LOT 5A AND LOT lA, BLOCK 1 OF SAID REPLAT AND RESUBDIVISION PLAT ESTABLISHING LOTS 1A, 5A, 9, 10 AND 11, BLOCK "1 ".OF THE GATEWAY, PHASE 1; THENCE, ALONG THE COMMON BOUNDARY LINE OF SAID LOT 5A AND SAID LOT 1A, THE FOLLOWING COURSES AND DISTANCES: S70 ° 19'59 "E, A DISTANCE OF 17.91 FEET TO A SET 4 INCH IRON ROD WITH CAP; S38 0 20 1 53 "E, A DISTANCE OF 2.42 FEET TO A POINT; THENCE, LEAVING THE COMMON BOUNDARY LINE OF SAID LOT 5A AND SAID LOT 1A, INTO AND ACROSS SAID LOT 5A, THE FOLLOWING COURSES AND DISTANCES: S21 A DISTANCE OF 57.07 FEET TO A POINT; S68 A DISTANCE OF 95.75 FEET TO A POINT; S22 0 57 1 31 "E, A DISTANCE OF 134.79 FEET TO A POINT; S01 ° 50 1 52 "E, A DISTANCE OF 39.12 FEET TO A POINT; S22 ° 55 1 58 'E, A DISTANCE OF 9.88 FEET TO A POINT IN THE NORTHERLY LINE OF SAID 20' WIDE UTILITY EASEMENT; S66 0 17'57 "W, ALONG SAID .20' WIDE UTILITY EASEMENT, A DISTANCE OF 12.18 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 0.156 ACRES (6,789 SO. FT.) OF LAND, MORE OR LESS. I, JAMES W. RUSSELL, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED FROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. BURY 6 PARTNERS, INC. ENGINEERS AND SURVEYORS JAMES W. RUSSELL DATE 10000 SAN PEDRO, SUITE #100 R.P.L.S #4230 SAN ANTONIO, TEXAS 78216 STATE OF TEXAS EXHIBIT A Doc Bk Vol Pg 00856677 OR 6066 250 LOT 1 A. BLOCK I REPLAT AND SUBDIVISION PLAT ESTABLISHING LOTS 1A, SA, 9, 10 AND 1 1, BLOCK *11" OF THE GATEWAY, PHASE 1 VOL 4998, PG. 262 ........... W. .................. .. ........................ 25 50 75 100 1"-50' LEGEND • 1/2' IRON ROD FOUND P.O.S. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT L3 L4 LOT 4R BLOCK 1 VOL 3758. PG. 277 y N REPLA SUB LOT 5A, B OCK 1 AND V PLAT G LO ESTAB HING LOTS 5A, 9. B 1, BLOC 1 - F THE - 1 10 A N D 1 , BLOCK Y P GA A , PH 1 V OL. . 99�6 OL. 99 G. 2 ........... LOT 6. BLOCK 1 THE GATEWAY. PHASE 1 VOL 3663, PG. 313 20' ELEcTrc LINE EASEMENT 20' UTKM ESICT VOL_ 4298 M 262 l e' s ' j i o 0' �kvx s 20,00 P.O.C. 0.155 ACRES (e.769 sm rL) Bury+Partners SKETCH TO ACCOMPANY DESCPJ-nON OF comifig b&em and sm NJ.. OF 0.15a ACRES Or LAND SITUATED IN THE CTY OF COLLEGE PERRY MANN STATHK PAM MINTY, WMM BM A PORTION OF LOT 5A, On Aston%. Tinx IRM i REPEAT AND SI)BONOON PLAT ESTAMMO LOTS % Tit 210 -1000 Ya 210/10-M 3 5A, BLOCK I of rde GAIMY, PHASE INVESTMENTS, ,,," AND ccwfuu w ftrpatmf% Ifte. 0, &ORO N XUK 42M PZ& 292 CPA 0 e4its roared OFFX3AL ED RECORDS OF BRAZOS TDCAS LLC DATE 05/04/04 I DRAWN 11 MTH FILE - H.N!q354\01W354-M"Ldw9 IFN NO. 50354--M-2 I PRO= Na 50440-01 1111111MIIIIIIII rTr1j."FXFAA", NKFxrm LOT 1 A. BLOCK I REPLAT AND SUBDIVISION PLAT ESTABLISHING LOTS 1A, SA, 9, 10 AND 1 1, BLOCK *11" OF THE GATEWAY, PHASE 1 VOL 4998, PG. 262 ........... W. .................. .. ........................ 25 50 75 100 1"-50' LEGEND • 1/2' IRON ROD FOUND P.O.S. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT L3 L4 LOT 4R BLOCK 1 VOL 3758. PG. 277 y N REPLA SUB LOT 5A, B OCK 1 AND V PLAT G LO ESTAB HING LOTS 5A, 9. B 1, BLOC 1 - F THE - 1 10 A N D 1 , BLOCK Y P GA A , PH 1 V OL. . 99�6 OL. 99 G. 2 ........... LOT 6. BLOCK 1 THE GATEWAY. PHASE 1 VOL 3663, PG. 313 20' ELEcTrc LINE EASEMENT 20' UTKM ESICT VOL_ 4298 M 262 l e' s ' j i o 0' �kvx s 20,00 P.O.C. 0.155 ACRES (e.769 sm rL) Bury+Partners SKETCH TO ACCOMPANY DESCPJ-nON OF comifig b&em and sm NJ.. OF 0.15a ACRES Or LAND SITUATED IN THE CTY OF COLLEGE PERRY MANN STATHK PAM MINTY, WMM BM A PORTION OF LOT 5A, On Aston%. Tinx IRM i REPEAT AND SI)BONOON PLAT ESTAMMO LOTS % Tit 210 -1000 Ya 210/10-M 3 5A, BLOCK I of rde GAIMY, PHASE INVESTMENTS, ,,," AND ccwfuu w ftrpatmf% Ifte. 0, &ORO N XUK 42M PZ& 292 CPA 0 e4its roared OFFX3AL ED RECORDS OF BRAZOS TDCAS LLC DATE 05/04/04 I DRAWN 11 MTH FILE - H.N!q354\01W354-M"Ldw9 IFN NO. 50354--M-2 I PRO= Na 50440-01 Doc OR 6066 251 P Bury-:- Partners C�nsulLing i•:n�Ei��•er'S ariil ��ia'��e�� 0.006 ACRES (256 Sq. Ft.) 50354- 01ex1.DWG FIELD NOTE DESCRIPTION WATERLINE EASEMENT FN NO.50354- 01- 1(MTH) APRIL 27, 2004 JOB NO. 50354 -01.92 0.006 ACRES OF LAND SITUATED IN THE CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT 5A, BLOCK 1 REPLAT AND SUBDIVISION PLAT ESTABLISHING LOTS 1A, 5A, 9, 10 AND 11, BLOCK 1 OF THE GATEWAY, PHASE 1, ACOORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4998, PAGE 262 OF THE OFFICIAL DEED RECORDS OF BRAZOS COUNTY, TEXAS; SAID 0.006 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: C00110`iCING, AT A FOUND ;s INCH IRON LOCATED IN THE NORTHERLY RIGHT— OF—WAY LINE OF UNIVERSITY DRIVE EAST (FM 60 — R.O.W. VARIES), AND MARKING THE MOST SOUTHERLY CORNER OF LOT 6, BLOCK 1, THE GATEWAY PHASE 1, A SUBDIVISION ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 3663, PAGE 313 OF SAID OFFICIAL DEED RECORDS, SAME BEING THE MOST SOUTHERLY CORNER OF SAID LOT 5A; THENCE, N21 0 50 1 04 "W, LEAVING THE NORTHERLY RIGHT —OF —WAY LINE OF UNIVERSITY DRIVE EAST, ALONG THE COMMON BOUNDARY LINE BETWEEN LOT 5A AND LOT 6, A DISTANCE OF 20.00 FEET TO A POINT IN THE NORTHERLY LINE OF AN EXISTING 20.00 FEET WIDE UTILITY EASEMENT, AS SHOWN ON THE SUBDIVISION PLAT ESTABLISHING LOTS 1A, 5A, 9, 10 AND 11, BLOCK 1 OF THE GATEWAY, PHASE 1, ACOORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4998, PAGE 262 OF THE OFFICIAL DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE, N66 0 17 1 57 "E, LEAVING THE COMMON BOUNDARY LINE BETWEEN LOT SA AND LOT 6, INTO AND ACROSS SAID LOT SA AND ALONG THE NORTHERLY LINE OF SAID 20.00 FEET WIDE UTILITY EASEMENT, A DISTANCE OF 5.34 FEET TO THE POINT OF BEGINNING; THENCE, LEAVING THE NORTHERLY LINE OF SAID 20.00 FEET WIDE UTILITY EASEMENT, CONTINUING INTO AND ACROSS SAID LOT 5A, THE FOLLOWING COURSES AND DISTANCES: N23 0 43'08 "W, A DISTANCE OF 20.42 FEET TO A POINT; EXHIBIT B Doc Bk Vol Pg 00856677 OR 6066 252 N66 ° 16'52 "E, A DISTANCE OF 15.20 FEET TO A POINT; 523 "E, A DISTANCE OF 10.00 FEET TO A POINT; S66 ° 16'52 "W, A DISTANCE OF 5.20 FEET TO A POINT; S23 ° 43'08 "E, A DISTANCE OF 10.43 FEET TO A POINT IN THE NORTHERLY LINE OF SAID 20.00 FEET WIDE UTILITY EASEMENT; THENCE, S66 0 17'57 "W, ALONG THE NORTHERLY LINE OF SAID 20.00 FEET WIDE UTILITY EASEMENT, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 0.006 ACRES (256 SQ. FT.) OF LAND, MORE OR LESS. I, JAMES W. RUSSELL, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED FROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. BURY & PARTNERS, INC. ENGINEERS AND SURVEYORS JAMES W. RUSSELL DATE 10000 SAN PEDRO, SUITE #100 R.P.L.S #4230 SAN ANTONIO, TEXAS 78216 STATE OF TEXAS EXHIBIT B Doc Bk Vol Pg 00856677 OR 6066 253 10VF TART F LOT 1A, BLOCK 1 REPLAT AND SUBDIVISION PLAT ESTABLISHING LOTS 1A, 5A, 9, 10 AND 11, BLOCK "1" OF THE GATEWAY, PHASE 1 VOL. 4998, PG. 262 i r 0 25 50 75 100 1 . -5 . LEG END • 1/2' IRON ROD FOUND P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT LOT 4R BLOCK 1 VOL. 3758, PG. 277 LOT 5A, BLOCK 1 REPLAT AND SUBDIVISION PLAT ESTABLISHING LOT 5A, 9, 10 AND 11, 1 OF THE 8, PG. LOT 6. BLOCK 1 ' THE GATEWAY. PHASE 1 VOL. 3663, PG. 313 2W UTAJTY CWT -: VOL 40M PR 262 Ls N6617'57'E �,6 -- Q 5.34' P.o I N`J�M�64� - -- 11`lZO'04 2ao0 0.005 ACRES Pe0� - - ( 256 SO. Ff.) ' S •• Bu ' tners KETCH TO ACCOMPANY DESCRIPTION OF OF 0-606 Aa�s OF LAW N1LIATm N 711E pT1. OF COLLET PERRY MANN Contol a Sargon STATION !<RAtdS COUNTY. Tf7GS WHO A PaITION OF LOT 6A e.a TMI eLOa 1 XEPLAT AID MONISM PLAT ESTAWSHN0 Lau 1A. INVESTMENT =0 /6*4m Tat tt0/"I -= 6h f a MO 11. U= 1 OF THE oAIEWAI; PHASE 1. A cco"r �1 m 1Ibg4Tet 4m tea SIIIDI ' CN OF KOM IN @OI M r 4924 PAOE N2 OF THE LLC III �v FF ImmI t OFFICIAL Ow IKCORDS OF IRA= OCUNIT, um DATE:04 /27/04 D A%w 8Y: NTH InLE. H 4 \01\50354- 01and. FN Na 50354 - - PROJECT Na 50354 -Oi EXHIBIT B Doc Bk Vol Pg 00956677 OR 6066 2544' Filed for Record in: BRAZOS COUNTY On: May 27,2884 at 03:17P As a Recordings Docunent Nueber: OOM77 Aaount 29.00 Receipt Nusber — 243474 Susie Cohen' STgTE OF TES MWY OF IRRiOS I hereby certify that this instroent vas filed on the date ad tine stagW hereon by ne and Mas duly recorded is the " me ad page of the wed recede of: I= MItTY as stayed berm q R. May 27,2004 NO�B� I E� N HEF MKrY OM