Loading...
HomeMy WebLinkAboutSPECIAL WARRANTY DEEDDoc Sk Vol Ps 01073813 OR 9857 186 After Recording, Return to: Kevin B. Laughlin Nichols, Jackson, Dillard, Hager & Smith, LLP 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER STATE OF TEXAS § COUNTIES OF BRAZOS § SPECIAL WARRANTY DEED AND GRIMES § Date: September 13, 2010, but effective October 1, 2010 Grantors: City of Bryan, Texas, a Texas Home Rule Municipality, individually and as its interests may appear as one -half interest owner in the Brazos Valley Solid Waste Management Agency as created pursuant to that certain BVSWMA Joint Solid Waste Management Agreement dated May 9, 1990, as amended by that certain BVSWMA First Amended Joint Solid Waste Management Agreement dated May 3, 2000, and as further amended by that certain BVSWMA First Supplement to Joint Solid Waste Management Agreement dated May 29, 2003 City of College Station, Texas, a Texas Home Rule Municipality, individually and as its interests may appear as one -half interest owner in the Brazos Valley Solid Waste Management Agency as created pursuant to that certain BVSWMA Joint Solid Waste Management Agreement dated May 9, 1990, as amended by that certain BVSWMA First Amended Joint Solid Waste Management Agreement dated May 3, 2000, and as further amended by that certain BVSWA-L4 First Supplement to Joint Solid Waste Management Agreement dated May 29, 2003. Grantors' Mailing Address: City of College Station, Texas City of Bryan, Texas P.O. Box 9960 P.O. Box 1000 College Station, Texas 77842 Bryan, Texas 77805 (Brazos County) (Brazos County) Grantee: Brazos Valley Solid Waste Management Agency, Inc., a Texas non - profit local government corporation and a local government corporation created by Grantors pursuant to Ch. 431, Texas Transportation Code and Chapter 394, Texas Local Government Code. Page 1 ATTACHMENT "A" TO ASSET TRANSFER AND DEBT REIMBURSEMENT AGREEMENT Doc 8k Vol Ps 01073813 OR 9857 187 Grantee's Mailing Address (including county): P.O. Box 9960 College Station, Texas 77842 (Brazos County) Consideration: TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration, including, but not limited to, the settlement and compromise of the dispute between the Grantors in the case styled City of Bryan, Texas v. City of College Station, Texas filed as Cause No. 08- 001626 -CV -272 in the 272nd Judicial District of Brazos County, Texas, pursuant to that certain Final Settlement Agreement and Release signed by Grantors on September 13 , 2010, and further pursuant to and in accordance with (1) that certain Interlocal Cooperation Agreement dated January 14, 2010, between Grantors, (2) that certain Asset Transfer and Debt Reimbursement Agreement dated September J3, 2010, by and among Grantors and Grantee. Property (including any improvements): As described in Exhibit "A," attached hereto and incorporated herein by reference. Reservations from Conveyance: THERE IS HEREIN RESERVED for Grantors and Grantors' successors and assigns, as their interests may appear, all oil, gas and other minerals owned by Grantors located in and under and that may be produced from the Property to the extent not reserved by prior grantors; provided, however, Grantors for themselves and their successors and assigns hereby waive all surface rights and other rights of ingress and egress in and to the Property, and agree that in conducting operations with respect to the exploration for and production, processing, transporting and marketing of oil, gas and other minerals from the Property, that no portion of the surface of the Property will be used, occupied or damaged and that fixtures, equipment, buildings or structures used in connection with the exploitation of the reserved mineral, oil and gas rights, shall not be placed on the surface of the Property. Nothing herein, however, restricts or prohibits the pooling or unitization of the portion of the mineral estate owned by Grantors with land other than the Property; or the exploration or production of the oil, gas, and other minerals by means of wells that are drilled or mines that open on land other than the Property but enter or bottom under the Property, provided that these operations in no manner interfere with the surface or subsurface support of any improvements constructed or to be constructed on the Property. The conveyance of Tracts III and IV, described in Exhibit "A," hereto, is made subject to the express condition and restriction that Grantee is prohibited from using said Tracts III and 1V as a separately permitted industrial hazardous waste facility, which restriction shall constitute a restrictive covenant running with the land as it applies to Tracts III and W. Exceptions to Conveyance and Warranty: Validly existing easements, rights -of -way, and prescriptive rights, whether of record or not; all presently recorded and validly existing instruments, other than conveyances of the surface fee estate, that affect the Property. Grantors, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, GRANT, SELL, and CONVEY to Grantee, all of Grantors' right, title, and interest in 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 successors and assigns forever. Grantors binds Grantors and Grantors' successors to warrant and forever defend all and singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the Page 2 ' ATTACHMENT "A' To ASSET TRANSFER AND DEBT REIMBURSEMENT AGREEMENT Doc 8k Vol Ps 01073813 OR 9857 188 same or any part thereof when the claim is by, through, or under Grantors but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. SIGNED this 13 day of September, 2010, but effective October 1, 2010. CITY OF COLLEGE STATION, TEXAS, INDIVIDUALLY AND AS CO -OWNER OF B RAZOS VALLEY SOLID WASTE MANAGEMENT AGENCY B �� Nancy Berry, NYayor SIGNED this 13 day of September, 2010, but effective October], 2010. CITY OF BRYAN, TEXAS INDIVIDUALLY AND AS CO- OWNER OFjk*WS VALLEY SOLID WASTE By: P. Bienski, STATE OF TEXAS COUNTY OF BRAZOS Acknowledged before me, the undersigned authority, on the 1 3 day of September, 2010, by Nancy Berry, Mayor, City of College Station, Texas, a Texas home rule municipality, for and on behalf of said municipality. &" 0 14 CELIA HERNANDEZ � — ' Notary Public. State of Texas Notary Public, State of Texas My M Commission O Ex2 yes 7s�f March 30 30 2D Z 'll,jn7 My Commission Expires I STATE OF TEXAS § § COUNTY OF BRAZOS § Acknowledged before me, the undersigned authority, on the Atday of September, 2010, by Jason P. Bienski, Mayor, City of Bryan, Texas, a Texas home rule municipality, for and on behalf of said municipality. 4L EYNTHI A A. BOWMAN Notary Public, State of Ta xes No Public, Stat f Texas My CofnmiS3i0t1 F.xpirN AUGUST 17, 2013 My Commission Expires: 1� 1 Page 3 1 ATTACHMENT "A" To ASSET TRANSFER AND DEBT REIMBURSEMENT AGREEMENT Dot Bk Val Pe 01073813 OR 9857 189 EXHIBIT "A" TO SPECIAL WARRANTY DEED DESCRIPTION OF THE PROPERTY TRACT I (ROCK PRAIRIE LANDFILL PART 1 OF 2): Metes and bounds description of all that certain tract or parcel of land lying and being situated in the Thomas Caruthers League, Abstract No. 9, College Station, Brazos County, Texas. Said tract being a portion of a called 75.17 acre tract as described by a deed to Brazos Valley Solid Waste Management Agency recorded in Volume 1235, Page 59 of the Official Records of Brazos County, Texas, and all of a called 119.53 acre tract as described by a deed to Brazos Valley Solid Waste Management Agency recorded in Volume 1231, Page 288 of the Official Records Of Brazos County, Texas, and a portion of a called 39.399 acre tract described as Tract Two by a deed to the City of College Station recorded in Volume 3900, Page 188 of the Official Public Records of Brazos County, Texas. Said tract being more particularly described by metes and bounds as follows: Beginning at a 1/2 inch iron rod found on the south line of Rock Prairie Road (a county maintained public road) marking the northeast comer of said 75.17 acre tract and the northwest corner of a called 120 acre tract as described by a deed to Dolly Dymple Creagor Olden recorded in Volume 168, Page 339 of the Deed Records of Brazos County, Texas; Thence: S 41 53' 05" W along the common line of said 75.17 acre tract and said 120 acre tract for a distance of 886.07 feet to a 12 inch fence corner post found marking the west comer of said 120 acre tract and the north comer of said 119.53 acre tract; Thence: S 48 05' 28" E along the common line of said 120 acre tract and said 119.53 acre tract, at 3297.03 feet pass a 1/2 inch iron rod found, continue on for a total distance of 3308.54 feet to a 5/8 inch iron rod set on the northwest right -of -way line of Greens Prairie Road (130' RO.W.) marking the east corner of said 119.53 acre tract and the south comer of said 120 acre tract, for reference a 1/2 inch iron rod found marking the northeast corner of said 120 acre tract bears: N 41° 52' 00" E for a distance of 2245.81 feet and City of College Station GPS Monument No. 149 bears: S 33° U' 26" W for a distance of 392.62 feet from which City of College Station GPS Monument No. 256 bears: S 40° 10' 41" E for a distance of 2620.87 feet; Thence: S 41° 52'00" W along the northwest line of Greens Prairie Road for a distance of 1425.26 feet to a 518 inch iron rod found marking the east corner of a called 140.358 acre tract described as Tract One by said deed to the City of College Station, 3900/188; Thence: N 48° 14' 17" W along the common line of said 119.53 acre tract and said 140.358 acre tract for a distance of 2443.41 feet to a 1/2 inch iron pipe found; Thence: N 48 °26' 07" W continuing along the common line of said 119.53 acre tract and said 140.358 acre tract for a distance of 505.39 feet to a 1/2 inch iron pipe found marking the north comer of said 140.358 acre tract and the east corner of said 39.399 acre tract, for reference a 1/2 inch iron pipe found on the southeast line of said 75.17 acre tract marking the west corner of said 119.53 acre tract and the north comer of said 39.399 acre tract bears: N 48° 17'00" W for a distance of 578.07 feet; Thence: N 70° 18'22" W through said 39.399 acre tract for a distance of 623.57 feet to a 112 inch iron rod found on the common line of said 75.17 acre tract and said 39.399 acre tract; Page 4 1 ATTACHMENT "A' To ASSET TRANSFER AND DEBT REIMBURSEMENT AGREEMENT Doc 8k Vol P9 01473813 OR 9857 190 Thence: S 41° 43'00" W along the common line of said 75.17 acre tract and said 39.399 acre tract for a distance of 120.42 feet to a point in the centerline of a creek marking the common corner of said 75.17 acre tract and a called 45.1 acre tract as described by a deed to the City of College Station recorded in Volume 3900, Page 230 of the Official Public Records of Brazos County, Texas; Thence: along the centerline of said creek, same being the common line of said 75.17 acre tract and said 45.1 acre tract, for the following calls: S 51 07' 12" W for a distance of 14.52 feet to a point; N 60 11' 57" W for a distance of 19.22 feet to a point; N 44° 03'23" W for a distance of 99.68 feet to a point; N 64 °.25' 11" W for a distance of 25.60 feet to a point; N 88° 17'25" W for a distance of 39.05 feet to a point; Thence: N 57° 45'49 W through said 75.17 acre tract for a distance of 916.33 feet to a 1/2 inch iron rod found on the common line of said 75.17 acre tract and a called 611 acre tract as described by a deed to James O. Freeman and Ruby S. Freeman, Trustees, as recorded in Volume 3693, Page 219 of the Official Public Records of Brazos County, Texas, for reference a 1/2 inch iron rod found on the southeast line of the remainder of a called 341.06 acre tract as described by a deed to Peggy J. Ritchey recorded in Volume 645, Page 35 of the Official Records of Brazos County, Texas, marking the common corner of said 75.17 acre tract and said 45.1 acre tract bears: S 41° 45' 15" W for a distance of 1199.09 feet; Thence: N 42° 02' 59" E along the common line of said 75.17 acre tract and said 63.1 acre tract for a distance of 1188.47 feet to a 1/2 inch iron rod found; Thence: N 42° 12'35" E continuing along the common line of said 75.17 acre tract and said 63.1 acre tract for a distance of 993.03 feet to a 4 x 4 concrete monument found on the south line of Rock Prairie Road marking the northwest corner of said 75.17 acre tract and the northeast corner of a called tract of land as described by a deed to Cathy Claudette Carroll recorded in Volume 1677, Page 39 of the Official Public Records of Brazos County, Texas; Thence: S 76° 24' 57" E along the south line of Rock Prairie Road for a distance of 1460.69 feet to the POINT OF BEGINNING containing 179.99 acres of land, more or less, as surveyed on the ground January, 2001. Bearing system shown herein is based on grid north as established from GPS observation. TRACT II (ROCK PRAIRIE LANDFILL PART 2 OF 2): All that certain tract or parcel of land lying and being situated in the Thomas Caruthers League, Abstract No. 9, in College Station, Brazos County, Texas, being a part of that 120 acre tract conveyed to Dolly Dymple Creagor Olden by deed recorded in Volume 168, Page 339 of the Deed Records of Brazos County, Texas, being 76 acres off the southwest part of the said 120 acre tract bounded on the southwest and northwest sides by that 119.53 acre tract conveyed to Brazos Valley Solid Waste Management Agency by deed recorded in Volume 1231, Page 288 of the Official Records of Brazos County, Texas, on the northeast by Rock Prairie Road and being more particularly described as follows: Page 5 1 ATTACHMENT 'A' TO ASSET TRANSFER AND DEBT REIMBURSEMENT AGREEMENT Doc Bk vol P9 01073813 OR 9857 191 BEGINNING a 1/2" iron rod found at a fence corner in the southwest line of Rock Prairie Road at the common comer of the said Olden 120 acre tract and the said Brazos Valley Solid Waste Management Agency 119.53 acre tract; THENCE S 77° 00'00" , 306.52 feet along the southwest line of Rock Prairie Road and the northeast line of the said Olden 120 acre tract to a 1/2" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set at an angle point at former location of a cross -tie fence post; THENCE S 69 57' 00" E, 2259.72 feet continuing along the northeast line of the said Olden 120 acre tract and the southwest line of Rock Prairie Road to a'1 /2" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set at the most easterly corner of this tract; THENCE S 41° 51' 48" W, 1875.60 feet across the said Olden 120 acre tract to, a 1/2" iron rod with an orange plastic cap stamped "H.P. Mayo RPLS 5045" set at the Most southerly corner of this tract in the southwest line of the said Olden tract, from which a 1/2" iron rod was found S 48 05' 47" E, 930.35 feet at a fence comer and the City of College Station GPS monument no. 149 is located S 26° 54' 13" E, 1073.83 feet; THENCE N 48° 05' 47" W, 2366.89 feet along the line between the said Olden 120 acre tract and the said Brazos Valley Solid Waste Management Agency 119.53 acre tract to a 12" fence comer post found at the most westerly corner of the said Olden tract at an inside comer of the said Brazos Valley Solid Waste Management Agency tract; THENCE N 41° 53' 50" E, 886.29 feet continuing along the line between the said Olden 120 acre tract and the said Brazos Valley Solid Waste Management Agency 119.53 acre tract to the Point of Beginning and containing 76.00 acres of land more or less. Bearings are Texas State Plane, Central Zone, NAD -83 datum, based on City of College Station 1994 GPS control monument nos. 138 and 149. TRACT III (TWIN OAKS LANDFILL PART 1 OF 2): BEING A PART OF A CALLED 609.75 ACRE TRACT AS DESCIBED IN CITY OF COLLEGE STATION RESOLUTION NO. 04 -12- 2001 -11.9 AND CITY OF BRYAN RESOLUTION NO. 2754 BRAZOS VALLEY SOLID WASTE MANAGEMENT AGENCY JOSEPH T. ROBINSON SURVEY, ABSTRACT NO. 390 & THE GEORGE MASON SURVEY, ABSTRACT NO. 342 GRIMES COUNTY, TEXAS APRIL 18, 2001 All of that certain lot, tract or parcel of land being 609.50 acres situated in the JOSEPH T. ROBINSON SURVEY, Abstract No. 390 and the GEORGE MASON SURVEY, Abstract No. 342, and being all or part of the following Tracts; (1) Being a called 60 acre tract as described in deed from Annie T. Perry, et al. to R. P. Trant of record in Volume 162, Page 181 (Second Tract); (2) Being a called 48 3/4 acre tract as described in deed from Joe Holly, et al, to R. P. Trant of record in Volume 224, Page 599; (3) Being a called 16 1/4 acre tract as described in deed from Mrs.. Sallie A. Ross, et at. to Mrs. Hattie C. Bowen of record in Volume 88, Page 430 (Second Tract); (4) Being a called 10 acre tract as described in deed from T. P. Buffington to Sam B. Wilson, et al. of record in Volume 88, Page 429; Page 6 1 ATTACHMENT `A' To ASSET TRANSFER ARID DEBT REIMBURSEMENT AGREEMENT Doc Bk Vol Ps olo73813 OR 9857 192 (5) Being a called 6 1/4 acre remainder of a called 16 1/4 acre tract as described in deed from Vivienne Buffington, et al. to R. P. Trant of record in Volume 223, Page 70 (Second Tract); (6) Being a called 47 1/2 acre tract as described in deed from Vivienne Buffington, et al. to R. P. Trant of record in Volume 223, Page 70 (First Tract); (7) Being a called 40 acre remainder of a called 49 -6/10 acre tract as described in deed from H. C. Cameron, et ux. to Royal Lott and Jeff Lott of record in Volume 67, Page 584; (8) Being a called 6 acre tract as described in deed from A. L. Showalter, et ux, to R.,P. Trant of record in Volume 237, Page 476 (First Tract); (9) Being a called 3 6 /10 acre remainder of a called 9 6/10 acre tract as described in deed from Barbara M. Cameron to Fred Wilhelm of record in Volume 96, Page 108; (10) Being a called 97 acre tract as described in deed from Carrie Grimes Gillen to R. P. Trant of record in Volume 217, Page 370; (11) Being a called 20.228 acre tract as described in deed from Catlin, Bryan, Stacy, & Dillard to Colby G. Muth of record in Volume 745, Page 584; (12) Being a called 20 acre tract (north 1/2 of a called 40 acre tract) as described in deed from Mary Elizabeth Meechum to R. P. Trant of record in Volume 195, Page 433; (13) Being a called 14.81 acre tract as described in deed from Frances W. Rucker, et al. to R_ P. Trant of record in Volume 223, Page 69 (First Tract); (14) Being a called 44.43 acre tract as described in deed from Ike Ashburn, III to Robert P. Trant of record in Volume 221, Page 42; (15) Being a called 20 acre tract as described in deed from Travis L. Wilson to Harold B. Trant of record in Volume 659, Page 346 (Second Tract); (16) Being a called 10 acre tract as described in deed from John L. Franklow and W. W. Kinnard to H, B. Wilson of record in Volume 52, Page 336; (17) Being a called 10 acre tract as described in deed from Frances W. Rucker to R. P. Trant of record in Volume 223, Page 69 (Second Tract); (18) Being a called 10 acre tract as described in deed from Billie H. Quinn to Harold B. Trant, et ux. of record in Volume 867, Page 728; (19) Being a called 10 acre tract as described in deed from Eloise Harris, et vir. to R. P. Trant of record in Volume 279, Page 83; (20) Being a called 8.5 acre tract as described in deed from Hanna Frank Howell, et. al. to Larue Howell Henry of record in Volume 709, Page 137; (21) Being a called 22.20 acre tract as described in deed from Paul L Levy, Executor of the Estate of Jeanne L., Gelber to Paul L. Levy of record in Volume 922, Page 283; Page 7 1 ATTACHMENT "A" To ASSET TRANSFER AND DEBT REIMBURSEMENT AGREEMENT �` 00C Bk Vol P9 01073813 0R 9857 193 (22) Being a called 60 acre remainder of a called 62 5/6 acre tract as described in deed from Ernest W. Sydow to R, P. Trant of record in Volume 190, Pages 482 & 483; (23) Being the remainder of a called 99.23 acre tract as described in deed from W.S. Beard, et al. to John Franklow and W. W. Kinnard of record in Volume 52, Page 155; (24) Being a called 568.359 acre tract as described in Final Judgment No. 30,384 -361 to Harold P. Trant of record in Volume 673, Page 672; (25) Being a called 7 acre tract as described in deed from Larry Jacobs to Morris Lange, et al. of record in Volume 49, Page 238; (26) Being a called 5 acre tract as described in deed from Larry Jacobs to B. Roman, et al of record in Volume 49, Page 260; (27) Being a called 10 acre tract as described in deed from Larry Jacobs to S. Keller, et al. of record in Volume 49, Page 237; (28) Being a called 57 acre tract as described in deed from Larry Jacobs to R. P. Trant of record in Volume 193, Page 480; and, (29) Being the remainder of a called 50 acre remainder of a called 122 acre tract as described in deed from Mrs. Mamie Gillen to R. P. Trant of record in Volume 221, Page 605, all in the Deed Records of Grimes County, Texas (D.R- G.C.T.): said 609.50 acre tract of land being out of and a part of that certain called 609.75 acre tract described in City of College Station Resolution No. 04- 12- 2001 -11.9 and in City of Bryan Resolution No. 2754 and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch Iron Rod Found, at the intersection of the south right -of -way line of State Highway 30 with the east line of said R. P. Trant called 20 acre tract (north 1/2 of a called 40 acre tract - 195/433), same also being a point in the most northerly west line of the Jill M. Hybner called 473 acre tract as described in Volume 840, Page 445 D.R.G.C.T.; THENCE, S W 41' 38" E, along the line common to said Trant called 20 acre tract and said Hybner called 473 acre tract, a distance of 0.46 feet to a point for the northeast corner and the POINT OF BEGINNING of the herein described tract of land; THENCE, S 00° 41'38" E, continuing along said line common to the Trant called 20 acre tract and the Hybner called 473 acre tract, a distance of 7.30 feet to a point for angle; THENCE, S 05 19' 14" W, leaving said common line and with a line through the interior of said Trant called 20 acre tract, a distance of 214.76 feet to a point for angle; THENCE, S 38° 27'45" E, continuing with a line through the interior of said Trant called 20 acre tract of land, a distance of 35.88 feet to a point for angle; THENCE, S 00° 48'59" E, continuing with a line through the interior of said Trant called 20 acre tract of land, a distance of 339.61 feet to a point for angle; Page S ATTACHMENT "A7 To ASSET TRANSFER AND DEBT REIMBURSEMENT AGREEMENT Dac Bk Vol Ps 01073813 OR 9857 194 THENCE, S 00° 41'38" E, a distance of 44.49 feet to a Petrified Wood Marker found at a 2" Iron Pipe for the southeast corner of said Trant called 20 acre tract: and at an exterior corner of said Hybner called 473 acre tract, same being the northeast corner of said Colby G. Muth called 20.228 acre tract (745/584) and the most northerly northwest corner of said R. P. Trant called 97 acre tract (2171370); THENCE, S 00° 47' 13" E, a distance of 1033.19 feet to a point in an existing fence line for an angle; THENCE, S 02° 06' 14" E, along said existing fence line, a distance of 98.61 feet to a point for angle; THENCE, S 06° 41' 18" E, continuing along said existing fence line, a distance of 1.32 feet to a point in the southerly line of said Muth called 20.228 acre tract and the most westerly north line of said Trant called 97 acre tract, said corner bears S 87° 10' 10" W, a distance of 11.95 feet from a 2" Iron Pipe found at the southeast corner of said Muth called 20.228 acre tract and at an interior comer of said Trant called 97 acre tract; THENCE, continuing along said existing fence line, across and through the interior of said Treat called 97 acre tract, the following courses; (1) S 06° 41' 18" E, a distance of 126.07 feet to an angle point in said fence; (2) S 07° 43' 02" E, a distance of 421.80 feet to an angle point in said fence; (3) S 10° 27'39" E, a distance of 967.91 feet to an angle point in said fence; (4) S 10° 33'41 " E, a distance of 1240.63 feet to an angle point in said fence; (5) S 10° 47' 06" E, a distance of 192.87 feet to an 8" Post Oak at an angle point in said fence; (6) S 13° 11'44" E, a distance of 61.66 feet to a 12" Post Oak at an angle point in said fence; and, (7) S 14° 14' 43" E, a distance of 190.90 feet to a 1/2" Iron Rod w /cap set for an exterior, comer, same being a point in the east line of said Trant called 97 acre tract, same being the west line of the aforesaid Hybner called 473 acre tract; THENCE, S O1° 12' 12" E, along a line common to said Trant called 97 acre tract and said Hybner called 473 acre tract, a distance of 135.40 feet to a 1/2" Iron Rod w /cap set for an Interior corner at the southeast comer of said Trant called 97 acre tract and at the southwest comer of said Hybner called 473 acre tract, same being a point in the most easterly north line of said Harold P. Trant called 568.359 acre tract and in the approximate north survey line of said George Mason Survey, Abstract No. 342, same being an approximate south line of said Joseph T. Robinson Survey, Abstract No. 390; THENCE, N 88° 50'27" E, along said most easterly north line of said Trant called 568.359 acre tract, the south line of said Hybner called 473 acre tract, said approximate north survey line of the George Mason Survey, Abstract No. 342, and said approximate south line of the Joseph T. Robinson Survey, Abstract No. 390, a distance of 19.66 feet to point for an exterior comer; THENCE, S Ol° 07'42" E, a distance of 1.92 feet to a point for an interior corner; Page 9 ATTACHMENT 'A' To ASSET TRANSFER AND DEBT REIMBURSEMENT AGREEMENT Doc Ok Vol Ps 01073813 OR 9857 195 THENCE, N 88° 52' 19" E, a distance of 874.24 feet to a point for an exterior corner, same being a point in the east line of said Trant called 568.359 acre tract, same being the approximate east line of said George Mason Survey, Abstract No. 342 and an approximate west line of said Joseph T. Robinson Survey, Abstract No. 390, same also being the west line of the T.M.P.A. called 30.231 acre tract as described in Volume 197, Page 224 (D.R.G.C.T.), said comer bears S 01 ° 05' 18" E, a distance of 2.40 feet from a 1/2" Iron Rod Found at the northeast comer of said Trant called 568.359 acre tract and at the calculated northeast corner of said George Mason Survey, Abstract. No. 342, same being a calculated interior comer of said Joseph T. Robinson Survey, Abstract No, 390, same also being the northwest corner of said T.M.P.A. called 30.231 acre tract (197/224); THENCE, S O1° 05' 18" E, along a line common to said Trant called 568.359 acre tract, the approximate east line of said George Mason Survey, Abstract 342, an approximate west line of the Joseph T.- Robinson Survey; Abstract No. 390, the west line of said T.M.P.A. called 30.231 acre tract and continuing with said common survey lines and the west lines of the T.M.RA called 10.00I acre tracts as described in Volume 81, Page 32 and in Volume 91, Page 132, and with the west line of the T.M.P.A. called 139.499 acre tract as described in Volume 210, Page 294, a distance of 1679.21 feet to a 1/2" Iron Rod w /cap set in an existing power line alignment for an exterior corner; THENCE, along said existing power line alignment, across and through the interior of said Trant called 568.359 acre tract, said B. Roman, et al. called 5 acre tract (49/260), said R. P. Trant called 50 acre remainder tract (221/605), said S: Keller, et al called 10 acre tract (49/237), said R. P. Trant called 57 acre tract (193/480), and said George Mason Survey, Abstract No. 342, the following courses; (1) S 44° 15'23" W, a distance of 96.31 feet to a power pole for angle point; (2) N 77° 58'23" W, a distance of 430.51 feet to a power pole for angle point; (3) N 78° 28'47" W, a distance of 512.83 feet to a power pole for angle point; (4) N 78° 44' 37" W, a distance of 276.40 feet to a power pole for angle point; (5) N 78° 26' 11" W, a distance of 342.35 feet to a power pole for angle point; (6) N 78° 22'47" W, a distance of 376.55 feet to a power pole for angle point; (7) N 78 20' 11" W, a distance of 359.18 feet to a powef pole for angle point; (8) N 78° 29' 31" W, a distance of 444.29 feet to a power pole for angle point; (9) N 78° 28' 15" W, a distance of 735.12 feet to a power pole for angle point; (10) N 78 22'32" W, a distance of 375.16 feet to a power pole for angle point; and, (11) N 78° 32'34" W, a distance of 571.21 feet to a power pole; THENCE, N 78° 32'34" W, along the westerly projection of said power line alignment, continuing with a line across and through said R. P. Trant called 57 acre tract (193/480) and said George Mason Survey, Abstract No. 342, a distance of 1003.30 feet to a point for the southwest comer; THENCE, N 01' OT 42" W, a distance of 5357.72 feet to a point in the aforesaid south right -of -way line of State Highway 30 for the northwest comer; THENCE, N 85° OT 11" E, along said south right -of -way line of State Highway 30, a distance of 3858.59 feet to a Concrete Highway R.O.W. Monument found at the beginning of a curve to the left; THENCE, continuing along said south right -of -way line of State Highway 30, 94.68 feet along said curve to the left having a radius of 5789.58 feet, a central angle of 00° 56' 13 ", and a chord bearing and distance of N 84° 39'05" E - 94.67 feet to a point for angle; THENCE, N 85° 06' 42" E, leaving said south right -of -way line of Highway 30, a distance of 25.06 feet to the POINT OF BEGINNING and containing an area of 609.50 acres of land, more or less, according to Page 10 1 ATTACHMENT 'A" To ASSET TRANSFER AND DEBT REIMBURSEMENT AGREEMENT Ooc 8k Vol Fs 01073813 OR 9857 196 a survey performed on the ground on September 19, 2000, under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961. For North Orientation and other information, see accompanying plat. TRACT W (TWIN OAKS LANDFILL PART 2 OF 2): Tracts One (1), Two (2), Three (3), Four (4), and Five (5) of Deer Meadows, a recorded subdivision in Grimes County, Texas, according to the map or plat recorded in Volume 987, Page 174, Real Property Records, Grimes County, Texas, and being the same property conveyed by Darrell Hall and wife, Sue Hall, to the City of College Station, Texas and the City of Bryan, Texas, by General Warranty Deed dated May 18, 2006, and recorded May 23, 2006, in Volume 1172,Page 706, Official Public Records, Grimes County, Texas. TRACT V (COMPOST FACILITY PART 1 OF 1): BEING a 52.29 acre tract of land, more or less, out of the James McMillan Survey, Abstract No. 176, and John Williams League, Abstract No. 237, Brazos County, Texas, said tract being the same property described in that certain Correction Special Warranty Deed from the City of Bryan, Texas, to the Brazos Valley Solid Waste Management Agency dated February 11, 1992, and recorded February 13, 1992, in Volume 1426, Page 268, Official Public Records, Brazos County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2" iron rod found at the base of a 24" diameter oak tree, marking the south corner of said 132.73 acre tract, the west comer of that same 717.37 acre tract conveyed from Samuel J. Ferro, Trustee, to the Travelers Insurance Company, as described by deed recorded in Volume 1160, Page 316 of the Official Records of Brazos County, Texas, and lying in the common line between the James McMillan Survey, Abstract No. 176, and John Williams League, Abstract No. 237; THENCE N 42 13' 31" E for a distance of 1 853.80 feet with the common line between said 132.73 acre tract and said 717.37 acre tract to a 1/2" iron rod set for the PLACE OF BEGINNING; THENCE N 47 27' 35" W for a distance of 1151.68 feet across said 132.73 acre tract to a 1/2" iron rod set for comer; THENCE S 42 32' 25" W for a distance of 265.00 feet across said tract to a 1/2" iron rod set for corner, THENCE N 47 27' 35" W for a distance of 88.36 feet across said tract to a 1/2" iron rod set for angle point; THENCE N 15 25' 40" W for a distance of 414.79 feet across said tract to a 1/2" iron rod set for angle point; THENCE N 47 27'35" W for a distance of 402.01 feet across said tract to a PK nail set for comer in an asphalt driveway, and lying in the southeast right -of -way line of a county road commonly referred to as Pleasant Hill Road. A 2" diameter pipe brace post found for angle point in said right -of -way line bears S 43° 19'49" W at a distance of 691.37 feet; THENCE N 43 19' 49" E for a distance of 10.11 feet with said right -of -way line to a 2" diameter galvanized pipe fence post found for angle point; Page 111 ATTACHMENT 'A" To ASSET TRANSFER AND DEBT REIMBURSEMENT AGREEMENT � J Doc Bk Vol 0107381 OR 9857 THENCE N 41 17' 41" E for a distance of 545.02 feet with said right -of -way line to a fence post found for angle point; THENCE N 41" 54'5 1" E for a distance of 575.03 feet with said right -of -way line to an 8" diameter cedar fence post found for corner, and being the west corner of that same 59.84 acre tract conveyed from Samuel J. Ferro, Trustee, to The Travelers Insurance Company, as described by deed recorded in Volume 1160, Page 316 of the Official Records of Brazos County, Texas. A 1/2" iron rod found at the base of said 8" diameter fence post is an identifying accessory; THENCE S 47 45' 13" E for a distance of 2005.68 feet with the common line between said 132.73 acre tract and said 59.84 acre tract to a railroad crossing fence post found marking a northwest comer of said 717.37 acre tract; THENCE S 42 13' 31" W for a distance of 1095.31 feet with the common line between said 132.73 acre tract and said 717.37 acre tract to the PLACE OF BEGINNING, and containing 52.29 acres of land, more or less. 0 0 a m D s m c x er p ' w V I 0 gi w R b O e+ N O p. a p O y p O � W p a P 0 r A Fe 19? � Page 12 ATTACHMENT "A' TO ASSET TRANSFER AND DEBT REIMBURSEMENT AGREEMENT W oQ ti m O 40 � pp F O � C D Rn Op A N Cr M� te a o� n ..- C-1 e LO C er a 0 0 a m D s m c x er p ' w V I 0 gi w R b O e+ N O p. a p O y p O � W p a P 0 r A Fe 19? � Page 12 ATTACHMENT "A' TO ASSET TRANSFER AND DEBT REIMBURSEMENT AGREEMENT