HomeMy WebLinkAboutStorm Water Easement Agreement 07/01/05 15 :44 FAX 979 779 7979 BRAZOS COUNTY ABSTRACT qb002/011
BILL a RETURN TO: ?". in:
eiva n _� 3 STORM WATER EASEMENT AGREEMENT
GFi« oa: Apr 2f6,2085 at re :514
THE STATE OF TEXAS § KNOW ALL PERSONS BY THES
COUNTY OF BRAZOS haing Mrlers ANEW
Avant 29, $
DATE: April 21, 2005 Receipt MSI6rr - 55374
Brr
GRANTOR (including address): ANIMATE HABITAT, LTD., 360a'S Street,
Suite 100, Bryan, Brazos County, TX 77802
GRANTEE (including address): PEBBLE CREEK DEVELOPMENT COMPANY,
4500 Pebble Creek Parkway, College Station, Brazos
County, TX 77845
DOMINANT ESTATE PROPERTY (Including any improvements):
That certain tract of and located in Brazos County, Texas, which is more particularly
described In Exhibit "A' attached hereto and incorporated herein by reference.
EASEMENT PROPERTY:
The "Easement Property" as used herein is the area described herein on Exhibit 'B',
attached hereto and incorporated herein by reference, and located on Grantor's real
property located in Brazos County. Texas, which is more particularly described in that
certain Special Warranty Deed dated July 22, 2003 recorded in Volume 5463, Page 208
of the Official Records of Brazos County, Texas, which description by this reference is
Incorporated herein for all purposes the "Grantor's Property').
EASEMENT PURPOSE:
For purposes of the construction, installation, maintenance, repair and replacement of a
storm water pipeline and channel, together with aN necessary head walls, lines, conduits
and connections and for no other purpose.
RECITALS:
In conjunction with this Agreement, Grantee is purchasing a 10.995 acre tract from
Grantor adjacent to the Easement Property. Grantor is granting this easement in
connection with Grantee's purchase described above.
CONSIDERATION:
The mutual covenants and agreements contained in this Agreement, and other good and
valuable consideration, the receipt and sufficiency of which is acknowledged and
stipulated.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY;
A. Reservations. Grantor reserves the following rights:
1. Reserved RIahtjs. For Grantor and Grantor's heirs, successors and assigns forever,
the right to continue to use and enjoy the surface of the Easement Property for all
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purposes which do not materially interfere with the use or enjoyment of the easement for
the Easement Purpose,
2. kleneN lusi h . For Grantor and Grantor's heirs, successors and assigns
forever, the right to convey the same or other rights and easements to others, so tong as
any further conveyance is subject to this grant and such other rights and easements do
not interfere with the Easement Purpose.
3. - • , n - • o ► • != P;•. -line. Grantor reserves the right to make
connections to and utilize the storm water pipeline and related facilities constructed in
the Easement Property for the benefit of the Grantor's Property.
B. Exceptions.
1. Those matters described on Ex hibit "C" attached hereto and incorporated herein by
reference.
2. Any and all valid and existing 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 premises.
AGREEMENT:
Grantor, for the Consideration and subject to the Reservations From and Exceptions to
Conveyance and Warranty, GRANTS, SELLS AND CONVEYS to Grantee a non- exclusive
easement over, upon and across the Easement Property for the Easement Purpose and for the
benefit of the Dominant Estate Property, and portions thereof, together with all and singular the
rights and appurtenances thereto in any wise belonging, to have and hold It to Grantee,
Grantee's heirs, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs and
successors to warrant and forever defend ail and singular the easement to Grantee and
Grantee's heirs, successors, and assigns, against every person whomsoever lawfully claiming
or to claim the same or any part thereof, except as to the Reservations From and Exceptions to
Conveyance and Warranty when the claim Is by, through or under Grantor but not otherwise_
A. EASEMENT TERMS AND CONDITIONS:
The easement is subject to the following terms and conditions:
1. Limitations on Grantor. Grantor agrees not to:
a. Interference. Materially interfere with the use or enjoyment of the easement
for the Easement Purpose.
b. Construclan 01 Improvements. Construct improvements on or under the
Easement Property, which materially interfere with the use or enjoyment of the easement for the
Easement Purpose.
2. Limitations on Grantee. Grantee agrees not to:
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a. Nuisance. Knowingly cause, authorize, or fail to halt any common law
nuisance to occur on the Easement Property.
b. Prevention of Use. Prevent or cause to be prevented the use of the Easement
Property by Grantor, except during construction of improvements to the Easement Property.
3. Mutual Aareements. Grantor and Grantee agree:
a. Maintenance. Upon completion of any installation, maintenance, repairs or
other subsequent work within the Easement Property, Grantee, at Grantee's sole cost and
expense, shall promptly repair any material damage to the Easement Property, and /or any other
portion of Grantor's Property caused by such work so as to restore the Easement Property to
substantially the same condition it was in prior to commencement of such maintenance, repairs,
or other work.
b. Character of Easement. The easement granted is appurtenant to, and will run
with, the Dominant Estate Property, and portions thereof, whether or not it is referenced in any
conveyance of the Dominant Estate Property, and/or any portion of it.
c. Exclusiveness of Easement. The easement is nonexclusive.
d. Additional Riohts Intended to AccornDany.Easement. Grantee has the right to
eliminate any encroachments Into the Easement Property that materially interfere with the use
and enjoyment of the easement for the Easement Purpose.
e. Limitagon of Warranties. Except for the warranties of title provided herein,
there are no implied warranties of merchantability, of fitness for a particular purpose, or of any
other kind arising out of this Agreement.
f, Limitation on Assignment & Exercise. Any assignments by Grantee of its rights
in this Agreement is prohibited except to the extent the easement remains appurtenant to the
Dominant Estate.
g. Cost of Survey. The parties agree to share equally the cost of the survey
required to produce the legal description described in " and ExhiFlit MB" above. The
costs of the preparation of the survey shall be shared equally between Grantor and Grantee.
Upon completion of the survey or survey, the party who commissioned the survey shah forward
a statement to the other party which itemizes the costs incurred In the cost of the survey and the
other party shall pay its one -half share of the survey costs within 15 days of receipt of such
statement. All sums due by a party for the survey which are not paid within fifteen (16) days,
including interest thereon at ten percent (10 %) per annum, shall constitute a Tien on such party's
property prior to all other liens and encumbrances, except for. (a) all taxes and special
assessments levied by governmental and taxing authorities; and (b) all liens securing sums due
or to become due under any duly recorded mortgage lenders Ilen or deed of trust.
h. Reservation -Right to Dedicate to Public. Notwithstanding the foregoing, it is
agreed that Grantor, Grantee or the owner(s) of any part of Grantor's Property or the Dominant
Estate Property have the right to dedicate any or all of the Easement Property to a public entity
or public utility service provider and/or to convey any or all of the improvements and facilities
constructed within the Easement Property to a public entity or public utility service provider;
provided any such dedication or conveyance shall be subject to the reservations, terms,
conditions and exceptions set forth herein.
B. REMEDIES:
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1. Enuit Ie R bh s of forc eement. In the event of any interference or threatened
interference with the easement, it may be enforced by restraining orders and injunctions
(temporary or permanent) prohibiting such interference and commanding compliance with its
terms, which restraining orders and injunctions will be obtainable upon proof of the existence of
Such interference or threatened interference, and without the necessity of proof of inadequacy
of legal remedies or Irreparable harm, and will be obtainable only by the holder or llenholder of
the easement or part of it; provided, however, this is not to be an election of remedies or a
waiver of any other rights or remedies available at law or in equity.
C. MISCELLANEOUS:
1, Indemnification. Grantee and Grantee's heirs, successors and assigns agree to pay,
and to protect, defend, indemnify and save harmless Grantor and Grantor's agents, partners,
employees, officers, directors, successors and assigns from and against any and all liabilities,
losses, damages, costs, expenses (Including all reasonable attorneys' fees and expenses of
Grantor), causes of action, suits, claims, demands or judgments of any nature whatsoever,
INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM THE JOINT, CONCURRENT,
OR COMPARATIVE NEGLIGENCE OF GRANTOR, EXCEPT TO THE EXTENT ANY OF THE
FOREGOING 1S CAUSED BY GRANTOR'S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT, which Grantor may incur as a result of the existence of the easement created
by this Agreement, the repair, maintenance or construction, or lack thereof, of any improvement
in the Easement Property, or as a result of the use of the Easement Property by Grantee or any
other person using said Easement Property on behalf or for the benefit of Grantee; however,
Grantee will not be liable under such indemnification to the extent such liability, loss, damage,
cost or expense results solely from Grantor's gross negligence or willful misconduct. Any
amount covered by this indemnity is payable on demand.
2. Attorney's Fees. If either party retains an attorney to enforce the terms of this
instrument, the prevailing party is entitled to recover reasonable attorney's fees.
3. Amendment This Agreement may be amended only by an instrument in writing
signed by the parties to be bound by it.
4. jiindino Effect This Agreement is binding upon and will inure to the benefit of the
parties hereto and their respective heirs, successors and assigns where not prohibited by this
Agreement; thus, the terms 'Grantor and "Grantee" includes the successors, heirs and assigns
of each party.
5. Choi of Law. This Agreement is subject to and governed by the laws of the State of
Texas, excluding any conflicts -of4aw rule or principle that might refer the construction or
interpretation of this Agreement to the laws of another state. Each party submits to the
jurisdiction of the state and federal courts in the State of Texas and to venue in the county in
which the Easement Property is situated.
6. Counterparts. This Agreement may be executed in any number of counterparts with
the same effect as if ail signatory parties had signed the same document. All counterparts are
to be construed together and will constitute one and the same instrument, and the signature
pages of each document may be attached to one Instrument for convenience or for recording.
7. Effect of Waiver or Consent. No waiver or consent, express or implied, by any party
to or of any breach or default by any party in the performance by such party of its obligations
hereunder will be deemed or construed to be a consent or waiver to or of any other breach or
default in the performance by such party of the same or any other obligations of such party
hereunder. Failure on the part of a party to complain of any act of any party or to declare any
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party in default, irrespective Of how long such failure continues, will not constitute a waiver by
such party of its rights hereunder until the applicable statute of limitation period has run.
8. Eyrther Aasurancea. In connection with this Agreement as well as all transactions
contemplated by this Agreement, each signatory party hereto agrees to execute and deliver
such additional documents and Instruments and to perform such additional acts as may be
necessary or appropriate to effectuate, carry out and perform all of the terms, provisions and
conditions of this Agreement and all such transactions.
9. Intearation. This Agreement contains the complete agreement between the parties
and cannot be varied except by the written agreement of the parties. The parties agree that
there are no oral agreements, understandings, representations or warranties which are not
expressly set forth herein.
10. Legal_Construction. if one or more of the provisions of tills Agreement are invalid,
Illegal or unenforceable In any respect, to the extent the invalidity or unenforceability does not
destroy the basis of the bargain among the parties, it will not affect any other provision and this
Agreement will be construed as If such invalid, Illegal or unenforceable provision had never
existed. When required by the context, singular nouns and pronouns include the plural and the
neuter includes the masculine or feminine gender. The Article and Section headings are for
convenience of reference only and are not intended to limit or define the text. This Agreement
is not to be construed more or less favorably between the parties by reason of authorship or
origin of language.
11. Recitals. Any recitals in this Agreement are represented by the parties hereto to be
accurate, and constitute a part of the substantive agreement.
12. Time. Time is of the essence. Unless otherwise specified, aN references to "days"
mean and refer to calendar days. Business days exclude all Saturdays, Sundays, and Texas
legal banking holidays. In the event the date for performance of any obligation falls on a
Saturday, Sunday or Texas legal banking holiday, that obligation will be performable on the next
following business day.
13. Notices. Any notice or communication required or permitted hereunder will be
deemed to be delivered, whether or not actually received, when deposited in the United States
mall, postage fully prepaid, registered or certified mail, and addressed to the intended recipient
at the address shown, and if not shown, then at the last known address according to the records
of the party delivering the notice. Notice given in any other manner will be effective only If and
when received by the addressee. Any address for notice may be changed by written notice
delivered in the same manner.
14. Deadlines, All deadlines referred to in this Agreement shall expire at 5:00 p.m.,
Central Standard Time, on the date specified herein. If any deadgne should fall on a date that is
recognized as a holiday by the Federal Government of the United States of America, or on any
day which is Saturday or Sunday, then that deadline shag be postponed to 5:00 p.m., Central
Standard Time, on the next business day.
15. Sole and Absolute Discretion. Notwithstanding anything herein to the contrary,
whenever a party to this Agreement is entitled to exercise its "sole and absolute discretion ",
such discretion may be exercised by That party for any reason or for no reason, whether such
discretion is arbitrary, uncontrolled or unreasonable. Any parties' exercise of its "sole and
absolute discretion" shall be final and shall not be subject to appeal or be subject to adjudication
by a court of law, arbitration, mediation, or otherwise.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
by their respective authorized oflicers.
ANIMATE HABITAT, LTD.,
a Texas limited partnership 1
By: Smiling lard Management East, LLC,
Its Genet' Partner
By: � y i
rbara Durrant,
A orized Representative
PEBBLE CREEK DEVELOPMENT COMPANY,
a Texas corporation
By: //
avis .47 g, President
STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the p■ hr day of April, 2005, by
Barbara Durrant, Authorized Representative of Smiling Mallard Management East, LLC, a
Texas limited liability company, the General Partner of ANIMATE HABITAT, LTD., a Texas
limit a nershi on be alf of said limited partnership.
,,A.,. KATHY VICINI ' "
47 Or Notary Public. Stele of Texas � • U iA
1 _ )\ My Commission Expires I Nota ubl In and fat
V AUGUST 29, 2005 to of Texas
•
STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the $r day of April, 2005, by
Davis M. Young, President of PEBBLE CREEK DEVELOPMENT COMPANY, a Texas
corporation, on behalf of said corporation. 1 ��*"' KATHY VICINI �_..� V s
Notary PublIc, State o+ Taxa; • P hi. Pubii irr' and f•
*' �` My commission Expires
'. .....;' AUGUST 28, 2005 he State of Texas
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•
CONSENT AND SUBOROINATION BY LIENHOLDER
Llenholder, as the holder of ften(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
Li nhoIcier 6ubordinstes Hs lien(s) to the rights and interests of the **cement, such that a
foreclosure of the lien(s) will not extinguish the rights and interests of the easement, provided,
however, such subordination shall not subordinate t_ienholder'S lien for purposes of section
A.3.g. of the above grant of easement.
LI ENHOLDEIt;
The Frost National Bank
•
By: r�i�1� a
Name: !!_.. ; )•b
Title: • �� -
STATE OF TEXAS
J ACKNOWLEDGMENT
Iii
COUNTY OF 9
This r strumertt was acknowledged before me an the day of April, 2005,
by /A L,n>«.w. P _ vI THE FROST
NATIONAL BANK, on behalf of said banking corporation.
47 :6" HW SMITH �.. / _1lt /L,C
: tom Wilma
Ricomm almOgnaUOcr.20o1 Notary Pu , lio in and or
The Stet of Texas
AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
Charles A. Ellison, P.C. Charles A. Ellison, P.C.
P.O. Box 10103 P.O. Box 10103
College Station, Texas 77842 College Station, TIM MS 77842
File No. 474e.041
•
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--
EXHIBIT "A"
nap NOTE1
M oll Vial asrtah► treat ar wool d Iond bin a and bring snorted In V. S.W. ROBERTSON
SIt f, Modred Nor 202 In Who Sidon. �asrr County. Tame and Who port d • 1212.04
acre tenet dwcfbnd In the dead from Tharard Oda D. s apm.M Company Joint Vsms tr
MNr*. 1tabltot Lid. newded In Whine 34113, Pep 209 of the 0fflalal Records of Issas
County. Tens (0.R.II.C.) and bit men pareadad, described by metes and bounds as fo1nu
INCIPININnt at • found 1/2 -Mel Won red marking the northeast aorrrr of the add 12112.09
one dapelbed ore boot, an Wee* e■ owner 0 Ow 505.111 awe Pebble C+ark n C a o � n l r � paanly bait
rogthwsm corn of 2 CItp College l S tab n trod R dswalbrd hi IM data nrordsd the
In Voluna 1020, Pogo 13 (0.10.0.);
THENCE Me the Interior of the odd 1222.05 aces meet for the foIowNtg sawn (7) odhc 1 1 i 31345V E for 0 dplonae of 35534 rest le • 1/2 -inch Nan red set far amen
3 4r 2''07' W for a dames e1 343.70 feet ter 1/2 -bah ban rod pet for carnal
S 111111 W for a dManee 0 077.34 feat to • 1/2 --Inch Iron rod de for earn;
4 i 30'0714` .W for 0 ddenoi 0 437.49 flit too 1/2 -tool Wit rod yet for emir;
i 0T'Oi'b4' E far • &tern0s of 161.13 feet tea 1/2 ileh Iron red set ter emir:
$ 44'03111 W for a diatoms of 477.79 foot to a 1/2 -Mel Iran rod est for center
i 3901'34 W per o dManosd 235.14 fret to • 1/2 -inch Iron rod set far canter, add
Man rod des being In the aananea tint of Vet Bald 1212.09 eon and 521.19 mg
Medic
imam ex. tog, ago to • 01'01'39*
fano% scene 10105 10. oats* e of Ms w d 300.19 o
Viet for a aliens 0 23.12 feat to • food 1/2 -Inch Iran red far corner, from steno, a e'
ride pant fate owner More S 56'3'32 W of • dolma of 1.6 het for stormed
7)01110@ 11 3•07'14' C can1I h3 rleni the common Ifni fe of the add 1242.0111 and a 1104.14 acre
10 lha OFi�OM a r cent 0 7 a 1 im o1 firM. more sr E - 2317.10
•
•
6 'd 9289 -069 quawdotanaQ Wd2E:2 9002 92 '400
I
07/01/05 16:47 FAX 979 779 7979 BRAZOS COUNTY ABSTRACT _, 010/011
Exhibit "B"
,rk+atic EJ ,wc- fa; darofDoslj &I $ / T• Coliplr Mebraj Tins r70151 +61
1a6600e- 48114we
( . it 11I 1`///' / '
at wools- a,1 ,ors fV /s a,.., � / T \ i 1 ,. : L . .,,,, ,..
AO GloP ,1P ^ 1 I t
ae %s =3
S OK ir is, AW, z?e ^ l'
A � – t
r' J Soaks 1' 4. 100 m as .� wa.9. r I III i Jl ` c�� 4
•
1/I. — • • • — ft SA — • - - 8 is en — .. — is w . 6 .. _ if f, ._ .. — + • • - la a f. ,, ,— 14 • b+t —$1 — ai - .. - --.4{-.......... }� 1 ii v l t oft n jll 1 ` \
ir'ili ! .�' \ fi t.
1 � t
10.955 A
T T%/ 1 / , ' �� Vtts
44 I ;l r \\
4!/ trill/ •
1 "--4-$-.14.9,2"0":"*_ • Ns, / 1 1 7 st, 4.. \
ft ft Sa t lil'ij • 1' " 11 1 1 ;1
„..... i i.,... .., 4* _ i
axo8 Ac. r4414/714 J'1249. / liLit__.4... t 31.■ ... ... ....
Orrnhoga —MIL
Eaavment N../
..1 ( b 1 �/NE TAW"
_ / ,III ' r r tA& 11FAf5ifC CISTAIICE
; iw f 1 " L $ 71'03'24' E ,1'J.41•
( I e, J 12 3 !2'3,2'76' E 35.433
d g f I 13 S 7703'24` E 85.00'
Moeda Asked lid k.
�� R (, i 14 S 04'24'23' E 20.04'
IMOD toc s+nl
Acre
t .- v liII r i ( 1 l LB $ 36'14'55' W 30..47'
L7 N 5c251:17' 1 f VAS'
1 ■111 i r I L5 N 71 W 142.00'
FIELD IIIGWES L9 N 4tf12'07' E 57410'
D3003 ACRE DAMAGE EASE111 f
NeIno d that =UM tact or Prom of land bag and being aliratsd In the 3.91. ROPERIS011 i15RVEY. A6aiba t No. 202 At
Easvolloproolk company .� v Habitat L owe n Vol to deed o O Thousand tto
5483. Paps 2.011 of So Oflklsl etwoord' of Brame
Clmrrty, Tweoe (0.149.0.) and Whig mom pwVculapr described by mats' end bomb as follows:
of� 550519 aim M Cr+ Drsulop++ mar T Ons daw•:bed In the laid c m In Volume 1871. Pogo ewer
(0.RRC.) and resit the aoerlhawt comer of the 27.29 awe Clpr of College Stollen Moot described In the dead monied in
Volume 1020, Page 13 (0.R.LC3: -
11E240E 3 3334'50' 3 fora dlatoree of 30234 lest into the Inbriar of 8re add 122209 time tact to a eat 1/2 —brdr 4on
nod:
1HENcE: S 4342'07' W for a aitans of 230.04 feet to ma rdeff Or BEDwrtadit •
THENCE 3 7t'03' 4" E for a dtetones of 113.41 fart far canter;
THENCE: 3 0:32'10' E for a distance of 56.83 feet for comer:
THENCE: 3 7113314" E for a Natants of 80.00 het for tamer,
"1111NCE; 3 1752+'33' 5 for a Manse of 20.94 feet for comer,
THENCE: 2 76'08'40. 9 for a *Mites of 53.32 feet far etxnw
THENCE $ 3234" N ter a disbar= of 50.27 ?eat for cons
THENCE: N 542E07` If for a ditto/nos of 5726 feel tar toms; ,
THENCE: N 71 N for a Motown' of 142.00 feet far owner,
TNQ1CU 14 45'42'07 E for a &tams of 37... • to the POINT OF BEGINNING rind ocotolning O.3008 gores of kind. mom or
lees
O
I. Kohn A. Moaare. Registered Prof - . r 0560 r the 399. acre= do
piles Ail Os currant Tama a.. 7 -' i ! .. ` • -.% ••n Standards Sump. Staards ad SPedttoa6 for o r a C I Condition �
-'
At r I..... .....,..., „.........,
fi .tor ^ � LURE
it .R. McClure, R.P.L.B. X3050 ' — ”" Y'" ,
6650 1 pvF
• ��yo�
OT'd 9269 -069 quawdojanaf Wd2E:2 9002 92 1.00
EXHIBIT "C"
EXCEPTIONS TO CONVEYANCE AND WARRANTY
The following matters are excepted from the conveyance and warranty granted herein:
a. Rights of Parties In Possession,
b. Easements, or claims of easements, *filch are riot recorded In the public records.
c, Right-of-Way Easement from Ed. S. Widres, et al to Humble PIP* Lane Com0any, Wad JulY 101
Amendatory Eas t 614 r igh� de
4 6. Pogo 1da d enda Eioton Pipe/ins
23, 1988, by end between and Records of l os City ex Cool Limited, recorded in Yoh�ms 559, ma t 26, pa Agreeme d,
recorded In V t34 nt from . Pips Con July 11 1924 44 , Deed in rument recorded to 961, of Co Texas; , Takes-
amended
page 246, t3l6cial Records ds of Brags i�ttyt scree.
e, V Easemwrt� r J. E. Marsh, et wr to Gulf Slam s
ume in
page agd; Deed Recants of Brs�s County, T ' ° + !. t947, recorded
f RIServadon of water line andomant. together with the 'rigid of maintenance mallow" under teens and condition, salt brth Deedlrlglees and M Sand & O v ver
4 o f , Inc.. et al to Howard L Terry, et at, dated June 1, 19733, recorded In Volume 318
Records of Brazos County, Texas. ,pegs
p. Pipeline Easement from J. W. McFarlane, Trustee to Clajon Gas Company
recorded in Volume 473, page 87, Deed Records cf Brame County, Takes. , dated January !9, 19a1,
h. Rieht-of-Wey Agreernerd Right-of-We
g Thousand Oaks
Official ecords of Brame dated June ° ° 10 1�3, recorded j� y
Y, Texas.
Sege 35,
1 Tirtrrs, cord and effpubitions contained M unrecorded Lease Agreement by and between
1 4, a tl � � Joint Venture and Charles E. Errgelrrtrem, dated March !' .
, but shall be effectim for all purposes as of March 1, 1994,
j. Teens ndltlons and stip contained In Road end Use License July 21, 2003, Bald tnutmerit Cie Joint De Young Brv9, rs h>c. dared
m
De Young 31, 2003.
k Minentl won In Deed front Mrs. Sate N. White at al to E. S.
recorded In VoIurne 44, page 626, Deed Records of Bra a6 County. Texs. dated August 24, l918,
I. Minaret reservation In Deed from E. S.
Wickes, et al to J. E. Marsh, dated April 26, 1940. recorded in
Volume 103, page 279, Deed Records of Brazos may. Texan. ' . •
m. Royalty reservation in Deed from C, E. Yoakum to J. E. Marsh, dated March 28, 1947, recorded in
Volume 129, page 419. Deed Records of Brazos County Texas.
n. Royalty reservation It Deed from J. E. Mush, et ux to Henry B. Clay, dated November 30, 1987,
reCOrded in Volume 266, page 238, Deed Records of Bralmos fir, Texas.
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