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HomeMy WebLinkAbout02-12-09-2r - Resolution - 02/12/2009RESOLUTION NO. 2-12- 2009 -2r A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING THE CONVEYANCE OF ONE -HALF UNDIVIDED INTEREST IN NINE (9) TRACTS OF LAND LOCATED IN GRIMES COUNTY, TEXAS, TO THE CITY OF BRYAN, TEXAS, BY SPECIAL WARRANTY DEED, AUTHORIZING THE MAYOR TO SIGN SUCH SPECIAL WARRANTY DEEDS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in July, 2008, the City of College Station, Texas, condemned ten (10) tracts of land in Grimes County, Texas, for the Twin Oaks Landfill; and WHEREAS, pursuant to the 2003 First Supplemental BVSWMA Joint Solid Waste Interlocal Agreement between the City of Bryan and the City of College Station, all real property acquired for the use of the landfills is to be owned as tenants in common with each City having a one -half undivided interest; and WHEREAS, with the exception of Tract 10 in which the property owner has filed objections to the special commissioners' award, one -half undivided interest in the remaining nine (9) tracts can now be conveyed to the City of Bryan; and WHEREAS, the City Council of the City of College Station has determined that the nine (9) tracts shall be conveyed to the City of Bryan in the form as set forth in the Special Warranty Deeds attached as Exhibit "A "; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION THAT: PART 1: The City Council of the City of College Station, Texas, hereby approves the conveyance of one -half undivided interest in the nine (9) tracts of land located in Grimes County, Texas, for the use of the Twin Oaks Landfill to the City of Bryan, Texas, by Special Warranty Deeds attached hereto as Exhibit "A ". PART 2: The City Council of the City of College Station, Texas, hereby authorizes the Mayor of the City of College Station to sign the Special Warranty Deeds. PART 3: That this Resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 12` day of February, 2009. AAXffT EST: APPROVED: C City Secretary Mayor APPROVED: " i A&IAM City Attomey EXHIBIT A Special Warranty Deed conveying an undivided '/2 interest in Tract 4 Special Warranty Deed conveying an undivided '/2 interest in Grantor's Condemned Interest in Tract 6 Special Warranty Deed conveying an undivided %2 interest in Tract 9 Special Warranty Deed conveying an undivided ' / 2 interest in Grantor's Condemned Interest in Tract 15 Special Warranty Deed conveying an undivided '/2 interest in Grantor's Condemned Interest in Tract 18 Special Warranty Deed conveying an undivided ' / 2 interest in Tract 23 Special Warranty Deed conveying an undivided `/2 interest in Tract 25 Special Warranty Deed conveying an undivided '/2 interest in Tract 26 Special Warranty Deed conveying an undivided %2 interest in Tract 27 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 SPECIAL WARRANTY DEED (Tract 4) Date: , 2009 Grantor: The City of College Station, Texas, a Texas Home Rule Municipal Corporation by and through its duly elected mayor, Ben White, acting pursuant to a resolution adopted on the 12 day of February, 2009 by the duly elected and constituted city council following strict compliance with the Texas Open Meetings Act, which resolution is incorporated herein by reference. Grantor's Mailing Address: P.O. Box 9960 College Station, Brazos County, Texas 77842 Grantee: The City of Bryan, Texas, a Texas Home Rule Municipal Corporation Grantee's Mailing Address: P.O. Box 1000 Bryan, Brazos County, Texas 77805 Consideration: Good and valuable consideration the receipt and sufficiency of which is acknowledged and for which no lien, express or implied is retained. Property (including any improvements): An undivided 'h interest in the following interests, which are described below, in the tract known as Tract 4 of the Brazos Valley Solid Waste Management Agency landfill project located in the Joseph T. Robinson Survey, A -390, Grimes County, Texas, which were vested or shall vest in the future in Grantor by virtue of a final judgment of condemnation in Cause No. 31,053 in the District Court of Grimes County, Texas: (a) the fee simple title to the surface estate of said tract, including all title and rights to use the surface for the exploration, development, production, saving and transportation of all oil, gas, and other minerals, including ingress and egress; 1 special warranty deed - college station -tract 4-rev. 11-24 (b) from the surface of said tract to a depth of 200 feet below the surface, the fee simple title to all oil, gas, and other minerals on, in and under said tract, including but not limited to: (1) the right to use said mineral property for the exploration, development, production, saving and transportation of all oil, gas, and other minerals, including ingress and egress; (2) the executive rights regarding said mineral property; and (3) all other rights associated with said mineral property; and (c) at all depths below 200 feet from the surface of said tract, a perpetual, non - exclusive, reciprocal subsurface easement for the purpose of reasonably accommodating future ingress, egress and surface use for the exploration, development, production, saving and transportation of oil, gas, and other minerals for the use and benefit of all mineral interest owners of landfill project tracts. Tract 4 is more specifically described by metes and bounds on Exhibit "A" attached hereto and incorporated herein by reference. Reservations from Conveyance: None. Exceptions to Conveyance and Warranty: All validly existing easements, rights -of -way, and prescriptive rights, whether of record or not; all validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests outstanding in person other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; all validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts or shortages in area or boundary lines; any encroachments or overlapping of improvements. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, 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. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. special warranty deed - college station -tract 4-rev. 11-24 When the context requires, singular nouns and pronouns include the plural. CITY OF COLLEGE STATION, TEXAS By: Ben White Mayor THE STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the day of , 2009 by Ben White, Mayor of City of College Station, Texas, a home rule Municipal Corporation under Texas law, on behalf of said home rule Municipal Corporation. Notary Public, State of Texas After Recording Return to: Bickerstaff Heath Delgado Acosta LLP 816 Congress Avenue, Suite 1700 Austin, Texas 78701 -2443 Attn.: Kathryn Lumpkin 3 special warranty deed- college station -tract 4- rev.11 -24 EXHIBIT "A" TRACT 4 110.00 ACRES ALL OF A CALLED 10 ACRE TRACT JOSEPH T. ROBINSON SURVEY, A"390 VOLUME 88, PAGE 429 GRIMES COUNTY, TEXAS Being all of that certain lot, tract, or parcel of land containing 10.00 acres of land situated in the JOSEPH T. ROBINSON SURVEY, Abstract 390, and being all of that certain called 10 acre had of land described in deed to Sam B. Wilson, at al. recorded in Volume 88, Page 429 of the OtflciaUDeed Records of Grimes County, Texas (OJD.R.G.C.T.): said 10.00 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 112' Iron Rod w /cap set for the southwest corner at the calculated southwest corner of said W lson called 10 we tract and the calculated southeast comer of a caned 16.25 acre tract, as described in deed to Mary Trav9la recorded In Volume 50, Page 291 (0.1MR.G.C.T.), some being a point In the calculated most westerly south line of cold' Joseph T. Robinson Survey, A -390 and In the calculated north line of a called 57 we had as described in a dead to R. P. Trant recorded In Volume 193, Page 480 (O./D.R.G.C.T.) and of the George Mason Survey, A -342; THENCE, N 01 ' 09 1 42 0 W, along the calculated Itne common to said Wilson called 10 acre tract and said Travil4r called 16.25 we tract: across and through said Joseph T. Robinson Surrey, A -390, a distance of 1838.139 feet to a 112" Iron Rod whop act for the northwest canner at the calculated nortinvest comer of said Wlson called 10 we tract of land and the calculated soutttwed corner of a canted 635 a m tract as described in deed to Harold B. Trant recorded in Volume 673, Page 672 (OJD.R.G.C.T); THENCE, N 88 ' 18 " E, along the calculated line common to saki Wilson called 10 acre tract and said Trent called 6.25 acre tract; continuing across and through said Joseph T. Rodrhaon Survey, A-390, a distance of 236.81 feet to a 112' Iron Rod w1c2p set for the northeast comer at the calculated northeast corner of Bald Wlson called 10 acre trad of land, sans being the calculated southeast comer of sold Trant Called 626 acre tract, same also being a point In the calculated west Una of a raged 4T.5 acre twat as described In deed to Harold B. Trant. at al. recorded in said Volume 673; Page 677 (O.1D. R.G.C.T.); THENCE, S 01'09'42` E, along the calculated line common to said Wilson called 10 acre tract and said Trant called 47.5 acre tract, a distance of 1838.89 feet to a 1/2' Iron Rod w/cap set for the southeast comer at the calculated southeast corner of said Wilson cal led 10 acre had and at the calculated southwest comer of said Trent called 47.5 acre tract, same being a paint In the aforesaid calculated most westerly south Una of the Joseph T. Robinson Survey, A -390 and In the calculated north line of a tatted 10 acre tract as described in deed to S. Koller, et al, recorded In Volume 49, Page 237 (0.1D.R.G.C.T.) and of the aforesaid George Mason Survey, A-342; THENCE, S 88 '50 ' 18 " W, along the calculated rime common to said Wilson called 10 acre tract, said Keller called 10 acre tract, said Joseph T. Robinson Survey, A-390, and said Gene Mason Survey, A-34Z a distance of 236.81 fast to the PLACE OF BEGINNING and containfrig 10.00 acres of land, more or Iris, according to a survey parfomned on itle ground in July, 2001, under the supervision of Horace Curtis Strong, Texas Registered Professional Land Surveyor No. 4961. North orientation Is based on rotating the south right- of -way Ikte of Highway 30 to True North by ustng GPS Methods. 0 P=AC /w14CPANnNQGFAF1TWr4 00C 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. SPECIAL WARRANTY DEED (Tract 6) Date: 2009 Grantor: The City of College Station, Texas, a Texas Home Rule Municipal Corporation by and through its duly elected mayor, Ben White, acting pursuant to a resolution adopted on the 12 day of February, 2009 by the duly elected and constituted city council following strict compliance with the Texas Open Meetings Act, which resolution is incorporated herein by reference. Grantor's Mailing Address: P.O. Box 9960 College Station, Brazos County, Texas 77842 Grantee: The City of Bryan, Texas, a Texas Home Rule Municipal Corporation Grantee's Mailing Address: P.O. Box 1000 Bryan, Brazos County, Texas 77805 Consideration: Good and valuable consideration the receipt and sufficiency of which is acknowledged and for which no lien, express or implied is retained. Property (including any improvements): An undivided 'h interest in Grantor's Condemned Property (as that term is hereafter defined) in the tract known as Tract 6 of the Brazos Valley Solid Waste Management Agency landfill project in the Joseph T. Robinson Survey, A -390, Grimes County, Texas. Grantor's Condemned Property is that property which was vested or shall vest in the future in Grantor by virtue of a final judgment of condemnation in Cause No. 31,055 by the District Court of Grimes County, Texas: (a) the fee simple title to the surface estate of said tract, including all title and rights to special warranty deed - college station -tract 6- rev.11 -24 use the surface for the exploration, development, production, saving and transportation of all oil, gas, and other minerals, including ingress and egress; (b) from the surface of said tract to a depth of 200 feet below the surface, the fee simple title to all oil, gas, and other minerals on, in and under said tract, including but not limited to: (1) the right to use said mineral property for the exploration, development, production, saving and transportation of all oil, gas, and other minerals, including ingress and egress; (2) the executive rights regarding said mineral property; and (3) all other rights associated with said mineral property; and (c) at all depths below 200 feet from the surface of said tract, a perpetual, non - exclusive, reciprocal subsurface easement for the purpose of reasonably accommodating future ingress, egress and surface use for the exploration, development, production, saving and transportation of oil, gas, and other minerals for the use and benefit of all mineral interest owners of landfill project tracts. Tract 6 is more specifically described by metes and bounds on Exhibit "A" attached hereto and incorporated herein by reference. By acceptance of this Special Warranty Deed, Grantee acknowledges and agrees that Grantee has previously received an undivided '/z interest in the one -half (1/2) undivided interest in Tract 6 held by Harold B. Trant and Rosealice Trant (collectively, "Trant ") conveyed by Trant to Grantor and Grantee, as to an undivided '/2 interest each, by virtue of that General Warranty Deed (the " Trant Deed ") dated July 19, 2005, recorded in Volume 1133, Page 1, Official Records of Grimes County, Texas. Grantee further acknowledges and agrees that Grantor is not conveying any of its interest in the Property received by virtue of the Trant Deed but is only conveying by this Special Warranty Deed an undivided '/z interest in the Condemned Property described above. Reservations from Conveyance: None. Exceptions to Conveyance and Warranty: All validly existing easements, rights -of -way, and prescriptive rights, whether of record or not; all validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests outstanding in person other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; all validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts or shortages in area or boundary lines; any encroachments or overlapping of improvements. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, 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. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the 2 special warranty deed - college station -tract 6-rev. 11-24 Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor 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. CITY OF COLLEGE STATION, TEXAS By: Ben White Mayor THE STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the day of , 2009 by Ben White, Mayor of City of College Station, Texas, a home rule Municipal Corporation under Texas law, on behalf of said home rule Municipal Corporation. Notary Public, State of Texas After Recording Return to: Bickerstaff Heath Delgado Acosta LLP 816 Congress Avenue, Suite 1700 Austin, Texas 78701 -2443 Attn.: Kathryn Lumpkin special warranty deed - college station -tract 6- rev.11 -24 EXHIBIT "A" TRACT6 47.60 ACRES ALL OF A CALLED 47.5 ACRE TRACT JOSEPH T. ROBINSON SURVEY, A-390 VOLUME 673, PAGE 673 GRIMES COUNTY, TEXAS Being all of that certain lot, tract, or parcel of land containing 47.60 acres of land situated in the JOSEPH T. ROBINSON SURVEY, Abstract 390, and tieing all of that certain called 47.5 acre tract of land described in deed to Harold B. Trant, et al. recorded In Volume 673, Page 672 of the Official/Deed Records of Grimes County, Texas (O.ID.R.G.C.T.); said 47.60 acres of land being more pard Warty described by metes and bounds as foltows: BEGINNING at a i/2' Iron Rod w /cap set for the southwest comer at the calculated southwest comer of said Trant called 47.5 acre tract and the calculated southeast corner of a called 10 acre tract as described In deed to Sam B. Wilson, at al. recorded in Volume 86, Page 429 (OJD.R.G.C.T.), same being a point in the calculated most westerly south Me of said Joseph T. Robinson Survey, A�390 and in the calculated north tine of a called 10 we tract as described In deed to S. Keller, at al. recorded in Volume 49, Page 237 (OJD.R.G.C.T.) and of the George Mason Survey, A -342; THENCE, N 01 '09 ' 42 " W, along the calculated line common to said Trant called 47.5 acre tract and sold VAsw called 10 acre tract, and continuing with sold calculated line common to the Trent caged 47.5 acre tract and with a called 6.25 acre tract as descnbed in a deed to Harold B. Trent recorded in said Volume 673, Page 672, across and through said Joseph T. Robinson Survey, A- 390, a distance of 3277.80 feet to a 1W iron Rod w /cap set for the northwest comer at the calculated northwest corner of said Trant called 47.5 acre tract of land and the calculated northeast. corner of said' Trant called 6.25 acre tract, same. being a point in the calculated south line of a called 20 acre tract as described in deed to Harold S. Trani, et al. recorded. in Volume 52, Page 391 (O./D.MG.C.T.); THENCE, N 88 18 " E, along. the calculated line common to said Trent called 47.5 we tract and' said Trant called 20 sere tract, and continuing with said line common to the Trant piled 47.5 acre tract and to a called 14.81 acre tract being Lot 4, Subdivision of Lot 4, Prew Stuckey Estate according to the plat of record in Volume 11g, Page 351 (OJD.R.G.C.T.), and as described In deed to Harrold S. Trant, et al. recorded In said Volume 673, Page 872 (O./D.R.G.C.T.), continuing across and through said Joseph T. Robinslon Survoy, A- 390,. a distance. of 032.63. feet to a 112' Iron i2od w /cap set for the northeast comer at the calculated northeast comer of said Trant called 47.5 acre tract of land, same being the calculated northwest comer of a 3.6 acre remainder of a called 9.6 tract as described In deed to Fred Wilheim recorded in Volume 96. Page 108 (OJD.R.G_C.T.); THENCE, S 01'09'42' E. along the calculated lime common to said Trant called 47.5 acre tract and said Wilhelm 3.6 acre remakrder tract, continuing with said calculated line common to said Trant called 47.5 acre tract and a called 6 acre tract, as described in deed to Harold B. Trent recorded in said Volume 673, Page 672, then continuing with said calculated One common to said Trani tatted 47.5 acre tract and a called 40 acre tract as described in deed to Royal and Jeff Lott recorded In Volume 67, Page 584 (OJD.R.G.C.T.), and continuing across and through said Joseph T. Robinson Survey, A -390, a distance of 3271.80 feet to a 112' Iron Rod w /cap set for the southeast comer at the calculated southeast comer of said 'Grant called 47.5 acre tract and at the calculated southwest comer of said Lott called 40 acre tract, same being the calculated northeast comer of a called 7 acre tract as described in a deed to M. Lange, et al. recorded In Volume 49, Page 238 (WD.R.G.C.T.), same also being a point in the aEoreseld calculated most westerly south line of the Joseph T. Robinson Survey, A -390 and the aforesaid calculated north One of the George Mason Survey, A -342; THENCE, S 88 ' 50'18 " W, along the calculated line common to said Trant called 47.5 acre tract, said Lange called 7 acre trac said Joseph T. Robinson Survey, A -390, and said George Mason Survey. A -342, and confinuing siong the calculated line common to said Trant called 47.5 acre trac the aforesaid Keller called 10 acre trail, said Joseph T. Robinson Survey, A -390, and said George Mason Survey, A-342, a distance of 832.53 feet to the PLACE OF BEGINNING and containing 47.64 acres of land, more or less, according to a survey performed on the ground In July, 2001, under the supervision of Horace Curtis Strong, Texas Registered Professional Land Surveyor No. 4961. North orientation Is based on rotating the south right- of-way line of Highway 30 to True North by using GPS Methods. rwarr.AM#a AVfflW a*%nTX"D0C 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 SPECIAL WARRANTY DEED (Tract 9) Date: 2009 Grantor: The City of College Station, Texas, a Texas Home Rule Municipal Corporation by and through its duly elected mayor, Ben O. White, acting pursuant to a resolution adopted on the 12th day of February, 2009 by the duly elected and constituted city council following strict compliance with the Texas Open Meetings Act, which resolution is incorporated herein by reference. Grantor's Mailing Address: P.O. Box 9960 College Station, Brazos County, Texas 77842 Grantee: The City of Bryan, Texas, a Texas Home Rule Municipal Corporation Grantee's Mailing Address: P.O. Box 1000 Bryan, Brazos County, Texas 77805 Consideration: Good and valuable consideration the receipt and sufficiency of which is acknowledged and for which no lien, express or implied is retained. Property (including any improvements): An undivided %2 interest in the following interests, which are described below, in the tract known as Tract 9 of the Brazos Valley Solid Waste Management Agency landfill project located in Joseph T. Robinson Survey, A -390, Official Records of Grimes County, Texas, which were vested or shall vest in the future in Grantor by virtue of a final judgment of condemnation in Cause No. 31,057 in the District Court of Grimes County, Texas: (a) the fee simple title to the surface estate of said tract, including all title and rights to 0APrgJects\BVSWMA - Grimes County LandfiMspecial warranty deeds\special warranty deed - college station -tract 9 -rev 10- 16.doc use the surface for the exploration, development, production, saving and transportation of all oil, gas, and other minerals, including ingress and egress; (b) from the surface of said tract to a depth of 200 feet below the surface, the fee simple title to all oil, gas, and other minerals on, in and under said tract, including but not limited to: (1) the right to use said mineral property for the exploration, development, production, saving and transportation of all oil, gas, and other minerals, including ingress and egress; (2) the executive rights regarding said mineral property; and (3) all other rights associated with said mineral property; and (c) at all depths below 200 feet from the surface of said tract, a perpetual, non - exclusive, reciprocal subsurface easement for the purpose of reasonably accommodating future ingress, egress and surface use for the exploration, development, production, saving and transportation of oil, gas, and other minerals for the use and benefit of all mineral interest owners of landfill project tracts. Tract 9 is more specifically described by metes and bounds on Exhibit "A" attached hereto and incorporated herein by reference. Reservations from Conveyance: None. Exceptions to Conveyance and Warranty: All validly existing easements, rights -of -way, and prescriptive rights, whether of record or not; all validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests outstanding in person other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; all validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts or shortages in area or boundary lines; any encroachments or overlapping of improvements. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, 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. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. 0AProjects\BVSWMA - Grimes County Landfilllspecial warranty deeds\special warranty deed - college station -tract 9 -rev 10- 16.doe When the context requires, singular nouns and pronouns include the plural. CITY OF COLLEGE STATION, TEXAS By: _ Name: Title: THE STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the day of , 2009 by Ben O. White, Mayor of City of College Station, Texas, a home rule Municipal Corporation under Texas law, on behalf of said home rule Municipal Corporation. Notary Public, State of Texas After Recording Return to: Bickerstaff Heath Delgado Acosta LLP 816 Congress Avenue, Suite 1700 Austin, Texas 78701 -2443 Attn.: Kathryn Lumpkin 0AProjects\BVSWMA - Grimes County Landfi11\special warranty deeds\special warranty deed - college station -tract 9 -rev 10- 16.doc EXHIBIT "A" TRACT 9 3.60 ACRES ALL OF A CALLED 3.6 ACRE REMAINDER OF A CALLED 9.6 ACRE TRACT JOSEPH T. ROBINSON SURVEY, A-390 VOLUME 96, PAGE 108 GRIMES COUNTY, TEXAS Being all of that certain lot, tract, or parcel of land containing 3.60 acres of land situated in the JOSEPH T. ROBINSON SURVEY, Abstract 390, and being all of that certain 3.6 acre remainder of a called 9.6 acre tract of land described in deed to Fred Wilhelm recorded in Volume 96, Page 108 of the OfficiaMeed Records of Grimes County, Texas (OJD.R.G.C.T.); said 3.60 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 112" Iron Rod w /cap set for the southwest comer at the calculated southwest comer of said Wilhelm 3.6 acre remainder tract and the calculated northwest comer of a called 6 acre tract as described in deed to Harold B. Trant recorded in Volume 673, Page 672 (OJD.R.G.C.T.), same being a point on the calculated east line of a called 47.5 acre tract as described in deed to Harold B. Trant recorded in said Volume 673, Page 672 (O. /D.R.G.C.T.); THENCE, N 01 ° 09 ' 42 " W, along the calculated line common to said Wilhelm 3.6 acre remainder tract and said Trant called 47.5 acre tract, across and through said Joseph T. Robinson Survey, A a distance of 238.02'feet to a 112" Iron Rod w /cap set for the northwest comer at the calculated northwest comer of said Wilhelm 3.6 acre remainder tract of land and the calculated northeast comer of said Trant called 47.5 acre tract, same being a point in the calculated south line of a called 14.81 acre tract being Lot 4, Subdivision of Lot 4, Prew Stuckey Estate according to the plat of record in Volume 118, Page 351 (OJD.R.G.C.T.) and as described in a deed to Harold B. Trant, et al. recorded in said Volume 673, Page 672 (OJD.R.G.C.T.); THENCE, N 88 ° 50 ' 18 " E, along the calculated line common to said Wilhelm 3.6 acre remainder tract and said Trant called 14.81 acre tract (Lot 4), and continuing with the line common to said Wilhelm 3.6 acre remainder tract, as occupied, and to a called 20.228 acre tract, as occupied, and as described in deed to Colby G. Muth recorded in Volume 745, Page 584 (OJD.R.G.C.T.), continuing across and through said Joseph T. Robinson Survey, A -390, a distance of 659.14 feet to a 1/2" Iron Rod w /cap set for the northeast comer at the calculated northeast comer of said Wilhelm 3.6 acre remainder tract of land, same being the calculated most westerly northwest comer of a called 97 acre tract as described in deed to Harold B. Trant recorded in said Volume 673, Page 672 (OJD.R.G.C.T.); THENCE, S 01 09'42" E, along the calculated line common to said Wilhelm 3.6 acre remainder tract and said Trant called 97 acre tract; continuing across and through said Joseph T. Robinson Survey, A a distance of 238.02 feet to a 1/2" Iron Rod w /cap set for the southeast comer at the calculated southeast comer of said Wilhelm 3.6 acre remainder tract and at the calculated northeast comer of the aforesaid Trant called 6 acre tract; THENCE, S 88 ° 50' 18 " W, along the calculated line common to said Wilhelm 3.6 acre remainder tract and said Trant called 6 acre tract, continuing across and through said Joseph T. Robinson Survey, A a distance of 659.14 feet to the PLACE OF BEGINNING and containing 3.60 acres of land, more or less, according to a survey performed on the ground in July, 2001, under the supervision of Horace Curtis Strong, Texas Registered Professional Land Surveyor No. 4961. North orientation is based on rotating the south right-of-way line of Highway 30 to True North by using GPS Methods. 6 .� S S PgM:ACAD14 \DRAWING \GRMLF\TRAC19. DOC s 4961 P: SURV.,c� 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. SPECIAL WARRANTY DEED (Tract 15) Date: 3 2009 Grantor: The City of College Station, Texas, a Texas Home Rule Municipal Corporation by and through its duly elected mayor, Ben White, acting pursuant to a resolution adopted on the 12 day of February, 2009 by the duly elected and constituted city council following strict compliance with the Texas Open Meetings Act, which resolution is incorporated herein by reference. Grantor's Mailing Address: P.O. Box 9960 College Station, Brazos County, Texas 77842 Grantee: The City of Bryan, Texas, a Texas Home Rule Municipal Corporation Grantee's Mailing Address: P.O. Box 1000 Bryan, Brazos County, Texas 77805 Consideration: Good and valuable consideration the receipt and sufficiency of which is acknowledged and for which no lien, express or implied is retained. Property (including any improvements): An undivided '/2 interest in Grantor's Condemned Property (as that term is hereafter defined) located within the tract known as Tract 15 of the Brazos Valley Solid Waste Management Agency landfill project located in the Joseph T. Robinson Survey, A -390, Grimes County, Texas. Grantor's Condemned Property is that property which was vested or shall vest in the future in Grantor by virtue of a final judgment of condemnation in Cause No. 31,059 by the District Court of Grimes County, Texas. The Condemned Property is as follows: 1 special warranty deed - college station -tract 15- rev.11 -24 (a) ,the fee simple title to the surface estate of said tract, including all title and rights to use the surface for the exploration, development, production, saving and transportation of all oil, gas, and other minerals, including ingress and egress; (b) from the surface of said tract to a depth of 200 feet below the surface, the fee simple title to all oil, gas, and other minerals on, in and under said tract, including but not limited to: (1) the right to use said mineral property for the exploration, development, production, saving and transportation of all oil, gas, and other minerals, including ingress and egress; (2) the executive rights regarding said mineral property; and (3) all other rights associated with said mineral property; and (c) at all depths below 200 feet from the surface of said tract, a perpetual, non - exclusive, reciprocal subsurface easement for the purpose of reasonably accommodating future ingress, egress and surface use for the exploration, development, production, saving and transportation of oil, gas, and other minerals for the use and benefit of all mineral interest owners of landfill project tracts. Tract 15 is more specifically described by metes and bounds on Exhibit "A" attached hereto and incorporated herein by reference. By acceptance of this Special Warranty Deed, Grantee acknowledges and agrees that Grantee has previously received an undivided '/2 interest in the one -half (1/2) undivided interest in Tract 15 held by Harold B. Trant and Rosealice Trant (collectively, "Trant ") conveyed by Trant to Grantor and Grantee, as to an undivided '/2 interest each, by virtue of that General Warranty Deed (the " Trant Deed ") dated July 19, 2005, recorded in Volume 1133, Page 1, Official Records of Grimes County, Texas. Grantee further acknowledges and agrees that Grantor is not conveying any of its interest in the Property received by virtue of the Trant Deed but only conveying by this Special Warranty Deed an undivided '/2 interest in the Condemned Property described above. Reservations from Conveyance: None. Exceptions to Conveyance and Warranty: All validly existing easements, rights -of -way, and prescriptive rights, whether of record or not; all validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests outstanding in person other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; all validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts or shortages in area or boundary lines; any encroachments or overlapping of improvements. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have 2 special warranty deed - college station -tract 15-rev. 11-24 and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor 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. CITY OF COLLEGE STATION, TEXAS By: Ben White Mayor THE STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the day of , 2009 by Ben White, Mayor of City of College Station, Texas, a home rule Municipal Corporation under Texas law, on behalf of said home rule Municipal Corporation. Notary Public, State of Texas After Recording Return to: Bickerstaff Heath Delgado Acosta LLP 816 Congress Avenue, Suite 1700 Austin, Texas 78701 -2443 Attn.: Kathryn Lumpkin special warranty deed - college station -tract 15-rev. 11-24 EXHIBIT 'W' TRACT 15 20.00 ACRES ALL OF A CALLED 20 ACRE TRACT JOSEPH T. ROBINSON SURVEY, A-390 VOLUME 669, PAGE 346 GRIMES COUNTY, TEXAS Being all of that certain tot, tract, or parcel of land containing 20.00 acres of land situated in the JOSEPH T. ROBINSON SURVEY, Abstract 390, and being all of that certain called 20 acre tract of land described in deed to Harold B. Trant, at al. recorded In Volume 659, Page 346 of the Official/Deed Records of Grimes County, Texas (O./D.R.G.C.T.): said 20.00 acres of lend being more particularly descnibed by motes and bounds as follows: BEGINNING at a 112" Iron Rod wlcap set for the southwest comer at the calculated southwest comer of sold Trant called 20 acne tract and at the calculated southeast comer of a called 10 acre tract as described In deed to H. S. Wilson recorded: in Volume 52, Page 336 (OJD.R.G.C.T), some being a point on the calculated north tine of a called 48.76 acre tract as described in deed to Harold B. Trant recorded in Volume 673, Page 672 (OJD.R.G.C.T.X THENCE, N 01 •09 '42 ' W. along the calculated line common to said Trant called 20 acre tract and to said Wilson called 10 acre trv4 continuing with the calculated One common to said Tro u called 20 acre tract and to a sacand called 10 acre true# as described in dead to Harold B. Trant recorded In said Volume 873. Page 672 (OJD.R.G.0 T.), and then continuing with the cakdated One common to said Trant called 20 acre tract and to a caged 8.5 acre tract as described in deed to Larue Howeit Henry recorded In Volume 708, Page 137 (O.M.R.G.C.T.), across and through said Joseph T. Robinson Survey, A -390, a distance of 1591.03 feet to a 10 trop Rod w /cap set for the northwest caner at the calculated northwest corner of said Trant called 20 we tract of land-and at the' calculated northeast comer of saki Honry caIM - 8.5 acne tract, Sarre being a point in the calculated south tine of the southern part 6f the remainder of a called 99.23 acre tract as described in deed to Franklow and Kinnard recorded in Volume 52, Page 155 (OJD.R.G.C.T.); THENCE, N 88 • 50 ' 18 " E, along the calculated Ane common to said Trent called 20 acre tract and to said southern part of the remainder of the Franiclow and Kinnard caged 98:23 acre tract, continuing a=ss and through said Joseph T. Robinson Survey, A -390, a distance of 547.50 feet to a 11r iron Rod w /cap set for the northeast corner at the calculated northeast comer of said Trant called 20 am tract of land and at the calculated southeast comer of said southern part of the remainder of ft - Franklow and Kinnard -ca led 99'.23 acre - tract, same Wrig. a paint ifs the calculated west Ifie of a called 44.43 acre tract being trots 1, 2, and 3, Subdivision of Lot 4, Prow Stuckey Estate, according to the plat of record in Volume 118. Page 351 (0.11).R.G.C.T), and as described In deed to R. F+. Trant recorded In Volume 221, Page 42 (QJD.RG.C.T.); THENCE. S 01'09'42' E, along the calculated Brie common to said Harold B. Trant, at al. called 20 acre tract and said R. P. Trani called 44.43 acre tract (Lots 1, 2, and 3) and Continuing with the calculated One common to said Harold S. Trant, at al. called 20 acre tract and to a called 14.81 acre tract being Lot 4, of said Subd of Lot 4, Prew Stuckey Estate, and as described in a deed to Harold B. Trant, et at, recorded in said Volume 673, Page 672 (O./D.R,0.C.T.). continuing across and. through said Joseph T. Robinson Survey, A-390, a distance of 1591.03 feet to a t12" Iron Rod w leap set for the southeast comer at the calculated southeast comer of said Harold B. Trant, et al, called 20 acre tract and at the calculated southwest comer of said Harold S. Trant called 14.81 acre tract (Lot 4), same toeing a point in the calculated north fine of a called 47.5 acre tract, as occupied and as described in deed to Harold B. Tr arc, at at. recorded in said Volume 673, Page 672 (OJD.R.G.C.T. : THENCE, S 88 ° 50 ' 18 " W, along the calculated line common to said Harold B. Trent, at al. railed 20 acre trash and said Harold B. Trent, et al. called 47.5 acre tract, continuing along said calculated line common to the Harold B Trard, et al. called 20 acre tract and to a called 6.25 acre tract as described in deed to Harald S. Trent recorded in said Volume 673, Page 672 (OJD.R.G,C.T.), then continuing with said calculated line common to the Harold B Trent, at al. called 20 acre tract and to a called 16.25 acre tract as described in deed to Mary Travilla recorded in Volume 50, Page 291 (0dD.R,G,C.T.), and then continuing with said calculated line common to the Harold 8 Trent, at al, called 20 acre toad and to the aforesaid Harold B. Trent called 48.75 acre tract continuing across and through said Joseph T. Robinson Survey, A -390, a distance of 547.50 feet to the PLACE OF BC- GINNING and containing 20.00 acres of land, more or less, according to a survey perfamted on the ground in July, 2001, under the supervision of Horace Curtis Strung, Texas Registered Professional Land Surveyor Flo. 4861. North orientation Is based on rotating the south right- of-way line of Highway 30 to True North by using GPS Methods. P033AWWVX1Axaar.%LrMt cnsnoc 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. SPECIAL WARRANTY DEED (Tract 18) Date: 2009 Grantor: The City of College Station, Texas, a Texas Home Rule Municipal Corporation by and through its duly elected mayor, Ben White, acting pursuant to a resolution adopted on the 12 day of February, 2009 by the duly elected and constituted city council following strict compliance with the Texas Open Meetings Act, which resolution is incorporated herein by reference. Grantor's Mailing Address: P.O. Box 9960 College Station, Brazos County, Texas 77842 Grantee: The City of Bryan, Texas, a Texas Home Rule Municipal Corporation Grantee's Mailing Address: P.O. Box 1000 Bryan, Brazos County, Texas 77805 Consideration: Good and valuable consideration the receipt and sufficiency of which is acknowledged and for which no lien, express or implied is retained. Property (including any improvements): An undivided %2 interest in Grantor's Condemned Property (as that term is hereafter defined) in the tract known as Tract 18 in the Brazos Valley Solid Waste Management Agency landfill project located in the Joseph T. Robinson Survey, A- 390, Grimes County, Texas. Grantor's Condemned Property is that property which was vested or shall vest in the future in Grantor by virtue of a final judgment of condemnation rendered in Cause No. 31,061 by the District Court of Grimes County, Texas. The Condemned Property is as follows: (a) the fee simple title to the surface estate of said tract, including all title and rights to use the surface for the exploration, development, production, saving and special warranty deed - college station -tract 18-rev. 11-24 transportation of all oil, gas, and other minerals, including ingress and egress; (b) from the surface of said tract to a depth of 200 feet below the surface, the fee simple title to all oil, gas, and other minerals on, in and under said tract, including but not limited to: (1) the right to use said mineral property for the exploration, development, production, saving and transportation of all oil, gas, and other minerals, including ingress and egress; (2) the executive rights regarding said mineral property; and (3) all other rights associated with said mineral property; and (c) at all depths below 200 feet from the surface of said tract, a perpetual, non - exclusive, reciprocal subsurface easement for the purpose of reasonably accommodating future ingress, egress and surface use for the exploration, development, production, saving and transportation of oil, gas, and other minerals for the use and benefit of all mineral interest owners of landfill project tracts. Tract 18 is more specifically described by metes and bounds on Exhibit "A" attached hereto and incorporated herein by reference. By acceptance of this Special Warranty Deed, Grantee acknowledges and agrees that Grantee has previously received an undivided '/2 interest in the one -half (1/2) undivided interest in Tract 18 held by Harold B. Trant and Rosealice Trant (collectively, "Trant ") conveyed by Trant to Grantor and Grantee, as to an undivided 1/2 interest each, by virtue of that General Warranty Deed (the " Trant Deed ") dated July 19, 2005, recorded in Volume 1133, Page 1, Deed Records of Grimes County, Texas. Grantee further acknowledges and agrees that Grantor is not conveying any of its interest in the property received by virtue of the Trant Deed but is only conveying by virtue of this Special Warranty Deed an undivided ` / 2 interest in the Condemned Property described above. Reservations from Conveyance: None. Exceptions to Conveyance and Warranty: All validly existing easements, rights -of -way, and prescriptive rights, whether of record or not; all validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests outstanding in person other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; all validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts or shortages in area or boundary lines; any encroachments or overlapping of improvements. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, 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. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person special warranty deed - college station -tract 18- rev.11 -24 whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor 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. CITY OF COLLEGE STATION, TEXAS By: Ben White Mayor THE STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the day of , 2009 by Ben White, Mayor of City of College Station, Texas, a home rule Municipal Corporation under Texas law, on behalf of said home rule Municipal Corporation. Notary Public, State of Texas After Recording Return to: Bickerstaff Heath Delgado Acosta LLP 816 Congress Avenue, Suite 1700 Austin, Texas 78701 -2443 Attn.: Kathryn Lumpkin special warranty deed - college station -tract 18-rev. 11-24 EXHIBIT "A" TRACT 18 10.00 ACRES ALL OF A CALLED 10 ACRE TRACT JOSEPH T. ROBINSON SURVEY, A-390 VOLUME 867, PAGE 728 GRIMES COUNTY, TEXAS Being all of that certain lot, tract, or parcel of land Containing 10.00 acres of land situated In the JOSEPH T. ROBINSON SURVEY, Abstract 390, and being all of that certain called 10 acre tract of land described in deed to Harold B. Trent, st at. recorded In Volume 867, Page 728 of the Official/Deed Records of Grimes County, Texas (O.1D.R.G.C.T.); said 10.00 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 412' iron Rod wicap set for the southwest comer at the calculated southwest comer of said: Trant called 1 o ac m trot and at the calculated northwest Corner of a second called 10 acre tract as described in deed to Harold B. Trant recorded in Volume 873, Page 672 (OJO.R.G.C.T.) same being a point in the calculated east line of a called 50 we remainder tract as described in deed to R. P. Trent recorded in Volume 190, Page 483 (OJD.R.G.C.T.); THENCE, N 01 " 09 ' 08 " W, along the calculated Ina common to said Trant first Called 10 acre tract and to said Trant called 60 acre remainder tract, across and through said Joseph T. Robinson Survey, A-390, a distance of 659.97 feet to a 112" Iron Rod w /cap set for the northwest comer at the calculated northwest corner of said Trent first called 10 acre tract of land and at the calculated southwest comer of a called 8.5 acre bad as described in deed to Lanus Howell Henry recorded in Volume 709, Page 137 (OJD.R.G.C.T.); THENCE, N 88 ' 50 " E, along the calculated line common to said Trant first called 10 acre tract and said Henry called 8.5 ace tract, continuing across and through said Joseph T. Robinson Survey, A -390, a distance of 959.78 feet to a 112" Iran Rod wlcap set far the northeast comer at Me calculated northeast comer of said Trent first called 10 we tract of land, same being the dated northwest comer of a thins called 10 we tract as described in deed to Harold B. Trent recorded In said Volume 673, Page 672 (OdMR.G.C.T.); THENCE, S 01 °09'34' E, along the caiccdated Itnc► common to said Trent first called 10 acre tract and to said Trent third called 10 we trail, continuing across and through said Joseph T. Robinson Survey, A-390, a distance of 659.97 feet to a 112" iron. Rod wlcap set for the southeast confer at the calculated southeast comer of said .Tram, r►ret calle►d..10 acre tract and .at.the calculated eo0vftst comer of ®aid Trani thud called 10 we tract, same being the calculated northwest comer of a fourth called 10 acre tract as described in deed to H. S. Wilson recorded in Volume 52, Page 336 (OJD.R.G.C.T.), same also being the calculated northeast comer of the aforesaid Trant second oiled 10 acre trarct; THENCE, S 88 ' 50 ' 18 " W, along the calculated line common to said Trent first called 10 acre tract and to said Trent second called 10 acre tract continuing across and through said Joseph T. Robinson Survey, A -390, a distance of 659.87 feet to the PLACE OF BE GINNING and contasring 10.00 acres of land, more or less, according to a survey performed on the ground in July, 2001, under the supervision of Horace Curtis Strong, Texas Registered Professional Land Surveyor No. 4961. North orientation is based on rot outh right -of -way line of Highway 30 to True North by using GPS Methods. ,� M , y p_.•.' s rekf. * wav rn�cnaax 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. SPECIAL WARRANTY DEED (Tract 23) Date: , 2009 Grantor: The City of College Station, Texas, a Texas Home Rule Municipal Corporation by and through its duly elected mayor, Ben O. White, acting pursuant to a resolution adopted on the 12th day of February, 2009 by the duly elected and constituted city council following strict compliance with the Texas Open Meetings Act, which resolution is incorporated herein by reference. Grantor's Mailing Address: P.O. Box 9960 College Station, Brazos County, Texas 77842 Grantee: The City of Bryan, Texas, a Texas Home Rule Municipal Corporation Grantee's Mailing Address: P.O. Box 1000 Bryan, Brazos County, Texas 77805 Consideration: Good and valuable consideration the receipt and sufficiency of which is acknowledged and for which no lien, express or implied is retained. Property (including any improvements): An undivided t/2 interest in the following interests, which are described below, in the tract known as Tract 23 of the Brazos Valley Solid Waste Management Agency landfill project located in the Joseph T. Robinson Survey, A -390, Official Records of Grimes County, Texas, which were vested or shall vest in the future in Grantor by virtue of a final judgment of condemnation in Cause No. 31,063 by the District Court of Grimes County, Texas: (a) the fee simple title to the surface estate of said tract, including all title and rights to use the surface for the exploration, development, production, saving and transportation of all oil, gas, and other minerals, including ingress and egress; 0AProjects\ 3V SWMA - Grimes County Landfill\special warranty deeds\special warranty deed-college station -tract 23- rev- 10- 16.doc (b) from the surface of said tract to a depth of 200 feet below the surface, the fee simple title to all oil, gas, and other minerals on, in and under said tract, including but not limited to: (1) the right to use said mineral property for the exploration, development, production, saving and transportation of all oil, gas, and other minerals, including ingress and egress; (2) the executive rights regarding said mineral property; and (3) all other rights associated with said mineral property; and (c) at all depths below 200 feet from the surface of said tract, a perpetual, non - exclusive, reciprocal subsurface easement for the purpose of reasonably accommodating future ingress, egress and surface use for the exploration, development, production, saving and transportation of oil, gas, and other minerals for the use and benefit of all mineral interest owners of landfill project tracts. Tract 23 is more specifically described by metes and bounds on Exhibit "A" attached hereto and incorporated herein by reference. Reservations from Conveyance: None. Exceptions to Conveyance and Warranty: All validly existing easements, rights -of -way, and prescriptive rights, whether of record or not; all validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests outstanding in person other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; all validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts or shortages in area or boundary lines; any encroachments or overlapping of improvements. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, 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. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. O:\Projects\BV SWMA - Grimes County Landfilllspecial warranty deeds\special warranty deed - college station -tract 23- rev- 10- 16.doc When the context requires, singular nouns and pronouns include the plural. THE STATE OF TEXAS § COUNTY OF BRAZOS § CITY OF COLLEGE STATION, TEXAS By: _ Name: Title: This instrument was acknowledged before me on the day of , 2009 by Ben O. White, Mayor of City of College Station, Texas, a home rule Municipal Corporation under Texas law, on behalf of said home rule Municipal Corporation. Notary Public, State of Texas After Recording Return to: Bickerstaff Heath Delgado Acosta LLP 816 Congress Avenue, Suite 1700 Austin, Texas 78701 -2443 Attu.: Kathryn Lumpkin 0AProjects\BVSWMA - Grimes County Landfill\special warranty deeds\special warranty deed - college station -tract 23- rev- 10- 1 6.doc EXHIBIT "A" TRACT 23 0.81 ACRES ALL OF THE SOUTHERN PART REMAINDER OF A CALLED 17 ACRE TRACT JOSEPH T. ROBINSON SURVEY, A-390 VOLUME 215, PAGE 146 GRIMES COUNTY, TDCAS Being all of that certain lot, tract, or parcel of land containing 0.81 of one acre of land situated in the JOSEPH T. ROBINSON SURVEY, Abstract 390, and being all of the southern part remainder of that certain called 17 acre tract of land described in deed to R. P. Trant recorded in Volume 215, Page 146 of the Official /Deed Records of Grimes County, Texas (O. /D.R.G.C.T.); said 0.81 of one acre of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" Iron Rod w /cap set for the northeast corner at the calculated northeast corner of said Trant southern part remainder of a called 17 acre tract and at the calculated northwest corner of the southern part remainder of a called 44.43 acre tract being Lots 1, 2, and 3, Subdivision of Lot 4, Prew Stuckey Estate, according to the plat of record in Volume 118, Page 351 (O. /D.R.G.C.T.) and as described in deed to Harold B. Trant, et al. recorded in Volume 221, Page 42 (O. /D.R.G.C.T.), same being a point in the calculated south right -of -way line of Highway 30, as occupied; THENCE, S 01 09' 42" E, along the calculated line common to said R. P. Trant called 17 acre tract and to said Harold B. Trant called 44.43 acre tract (Lots 1, 2, and 3), across and through said Joseph T. Robinson Survey, A -390, a distance of 69.51 feet to a 1/2" Iron Rod w /cap set for the southeast corner at the calculated southeast corner of said R. P. Trant called 17 acre tract of land and at the calculated northeast corner of a called 20 acre tract as described in a deed to Harold B. Trant, et al. recorded in Volume 659, Page 346 (O. /D.R.G.C.T.); THENCE, S 88 50' 18" W, along the calculated line common to said R. P. Trent called 17 acre tract and to said Harold B. Trant called 20 acre tract and continuing with the calculated line common to said R. P. Trent called 17 acre tract and to the Larue Howell Henry called 8.5 acre tract as described in a deed recorded in Volume 709, Page 137 (O. /D.R.G.C.T.), continuing across and through said Joseph T. Robinson Survey, A -390, a distance of 831.94 feet to a 1/2" Iron Rod w /cap set for the southwest corner at the calculated most southerly southwest corner of said R. P. Trant southern part remainder of the called 17 acre tract of land, same being the calculated southeast corner of a called 1 acre tract described in a deed to N. V. Deudicek recorded in Volume 54, Page 416 (O. /D.R.G.C.T.); THENCE, N 01 09' 42" W, along the calculated line common to said R. P. Trant called 17 acre tract and said Deudicek called 1 acre tract, continuing across and through said Joseph T. Robinson Survey, A -390, a distance of 15.44 feet to a 1/2" Iron Rod w /cap set for the northwest corner at the calculated northwest corner of said southern part remainder of the R. P. Trant called 17 acre tract, same being a point in the aforesaid calculated south right -of -way line of Highway 30, as occupied; THENCE, N 85 07' 11" E, along said calculated south right -of -way line of Highway 30, as occupied, and the calculated north line of said R. P. Trant southern part remainder of the called 17 acre tract, continuing across and through said Joseph T. Robinson Survey, A -390, a distance of 833.70 feet to the PLACE OF BEGINNING and containing 0.81 of one acre (35,340 square feet) of land, more or less, according to a survey performed on the ground in July, 2001, under the supervision of Horace Curtis Strong, Texas Registered Professional Land Surveyor No. 4961. North orientation is based on rotating the south right -of- way line of Highway 30 to True North by using GPS Methods. P933:ACAD14 \DRAWING \GRMLF \TRACT23R.DOC 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. SPECIAL WARRANTY DEED (Tract 25) Date: I11• Grantor: The City of College Station, Texas, a Texas Home Rule Municipal Corporation by and through its duly elected mayor, Ben White, acting pursuant to a resolution adopted on the 12 day of February, 2009 by the duly elected and constituted city council following strict compliance with the Texas Open Meetings Act, which resolution is incorporated herein by reference. Grantor's Mailing Address: P.O. Box 9960 College Station, Brazos County, Texas 77842 Grantee: The City of Bryan, Texas, a Texas Home Rule Municipal Corporation Grantee's Mailing Address: P.O. Box 1000 Bryan, Brazos County, Texas 77805 Consideration: Good and valuable consideration the receipt and sufficiency of which is acknowledged and for which no lien, express or implied is retained. Property (including any improvements): An undivided '/s interest in the following interests, which are described below, in the tract known as Tract 25'of the Brazos Valley Solid Waste Management Agency landfill project located in the George Mason Survey, A -342, Grimes County, Texas, which was vested or shall vest in the future in Grantor by virtue of a final judgment of condemnation in Cause No. 31,067 by the District Court of Grimes County, Texas: (a) the fee simple title to the surface estate of said tract, including all title and rights to use the surface for the exploration, development, production, saving and transportation of all oil, gas, and other minerals, including ingress and egress; special warranty deed - college station -tract 25-rev. 11-24 (b) from the surface of said tract to a depth of 200 feet below the surface, the fee simple title to all oil, gas, and other minerals on, in and under said tract, including but not limited to: (1) the right to use said mineral property for the exploration, development, production, saving and transportation of all oil, gas, and other minerals, including ingress and egress; (2) the executive rights regarding said mineral property; and (3) all other rights associated with said mineral property; and (c) at all depths below 200 feet from the surface of said tract, a perpetual, non - exclusive, reciprocal subsurface easement for the purpose of reasonably accommodating future ingress, egress and surface use for the exploration, development, production, saving and transportation of oil, gas, and other minerals for the use and benefit of all mineral interest owners of landfill project tracts. Tract 25 is more specifically described by metes and bounds on Exhibit "A" attached hereto and incorporated herein by reference. Reservations from Conveyance: None. Exceptions to Conveyance and Warranty: All validly existing easements, rights -of -way, and prescriptive rights, whether of record or not; all validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests outstanding in person other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; all validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts or shortages in area or boundary lines; any encroachments or overlapping of improvements. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, 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. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. 2 special warranty deed - college station -tract 25-rev. 11-24 When the context requires, singular nouns and pronouns include the plural. CITY OF COLLEGE STATION, TEXAS By: Ben White Mayor THE STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the day of , 2009 by Ben White, Mayor of City of College Station, Texas, a home rule Municipal Corporation under Texas law, on behalf of said home rule Municipal Corporation. Notary Public, State of Texas After Recording Return to: Bickerstaff Heath Delgado Acosta LLP 816 Congress Avenue, Suite 1700 Austin, Texas 78701 -2443 Attn.: Kathryn Lumpkin special warranty deed- college station -tract 25-rev. 11-24 EXHIBIT "A" TRACT 26 7.00 ACRES ALL OF A CALLER 7 ACRE TRACT GEORGE MASON SURVEY, A-342 VOLUME 49, PAGE 236 GRIMES COUNTY, TEXAS Being all of that certain lot, track or parcel of land containing 7.00 acres of land situated In the GEORGE MASON SURVEY. Abstract 342, and being all of that certain called 7 we tract of land described In deed to M. Lange, at al. recorded in Volume 49. Page 238 of the OfficiaWeed Records of Grimes County, Texas (0.1D.R.G.C.T); said 7.00 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a iW Iron Rod found for the northeast comer at the northeast comer of said Lange called 7 acre tract and in the calculated south line of a called 47.5 acre tract as described in deed to Harold B. Trent, at aI, recorded In Volume 673, Pap 872 (O./D,R.G.C.T.), same being the northwest tamer of a called 568.3513 acre tract as described In deed to Harold S. Trant recorded in said Volume 673, Page 672 (OJD.R.G.C.T.); game also being a point on the calculated most westerly south •. line of said Joseph T. Robinson Survey, A-390 and the calculated north One of the George Mason Survey, A$42; THENCE, S 0VW42' E, along the c" Wed gne common to said Lange caged 7 acre tract and said Thant Called 568.359 acre tact, across and through said George Mason Survey, A34Z a distance of 835.26 feet to a 12" Iron Rod wkap sat for the southeast comer at the calculated southeast comer of said Lange called 7 no tract and at the calculated northeast comer of a tailed 5 acre tract as described In deed to B. Roman recorded in Volume 49. Page 260 (WD.R.G. C T.); THENCE, S 88 " 50' 16 " W. along the calculated Una common to said Lange called 7 acre tract and said Roman Called 5 acre boc L Continuing across and through said George, Matson Survey, A -342, a dlstanCe of 365:00 feet to a 12" Iron Rod w /cap set for the southwest comer at On Calculated southwest corner of said Lange called 7 we tract and at the calculated naxthwast corner of sold Roman Called 5 acre tract. some being a point in the calculated east Ina of a called 10 acre tract as described in deed to S. (Geller recorded In VOIM&49, Page 237 (OJD.R.G.C.T.) THENCE, N 01 " 09' 42" W, along the calculated line common to said Lange called 7 acre tract and said Keller caged 10 acre track continuing across and through sold George Mason Survey, A -342, a distance of 835.28 feet to a 1@" Iron Rod w/eap set for the northwest comer at the calculated northwest comer of said Lange called 7 acre tract of laid and the calculated nottheast comer of saki Keller tailed 10• we tract, same being a point in the aforesaid calculated south line of the Trant called 47.5 we track, the aforesoid calculated most westerly south lime of said Joseph T. Robinson Survey. A-390, and the calculated north line of the George Masan Survey, A-34Z THENM N 88 ' 60'• 18 ' f; along the calculated line Common to - said - Latge called 7 oft trail; sai Tma caged 47.5 acre tract, said Joseph T. Robinson Survey, A-390. and said George Macon Surrey, A342, a distance of 361100 feet to the PLACE OF BEGINNING and containing 7.00 acres of land, more or less, according to a survey paxWmW on.the ground in July. 2001, under the supervision of Horace Curtis Strong, Texas Registered Professional Land Surveyor No. 4961. North orientation. Is based on rotating the south right -of -way One of Highway Sty to Ttue North by using GPS Methods. is rxuacroI c n7RFCna.000 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. SPECIAL WARRANTY DEED (Tract 26) Date: 2009 Grantor: The City of College Station, Texas, a Texas Home Rule Municipal Corporation by and through its duly elected mayor, Ben White, acting pursuant to a resolution adopted on the 12 day of February, 2009 by the duly elected and constituted city council following strict compliance with the Texas Open Meetings Act, which resolution is incorporated herein by reference. Grantor's Mailing Address: P.O. Box 9960 College Station, Brazos County, Texas 77842 Grantee: The City of Bryan, Texas, a Texas Home Rule Municipal Corporation Grantee's Mailing Address: P.O. Box 1000 Bryan, Brazos County, Texas 77805 Consideration: Good and valuable consideration the receipt and sufficiency of which is acknowledged and for which no lien, express or implied is retained. Property (including any improvements): An undivided %2 interest in the following interests, which are described below, in the tract known as Tract 26 of the Brazos Valley Solid Waste Management Agency landfill project located in the George Mason Survey, A -342, Grimes County, Texas, which were vested or shall vest in the future in Grantor by virtue of a final judgment in Cause No. 31,071 by the District Court of Grimes County, Texas: (a) the fee simple title to the surface estate of said tract, including all title and rights to use the surface for the exploration, development, production, saving and transportation of all oil, gas, and other minerals, including ingress and egress; special warranty deed - college station -tract 26-rev. 11-24 (b) from the surface of said tract to a depth of 200 feet below the surface, the fee simple title to all oil, gas, and other minerals on, in and under said tract, including but not limited to: (1) the right to use said mineral property for the exploration, development, production, saving and transportation of all oil, gas, and other minerals, including ingress and egress; (2) the executive rights regarding said mineral property; and (3) all other rights associated with said mineral property; and (c) at all depths below 200 feet from the surface of said tract, a perpetual, non - exclusive, reciprocal subsurface easement for the purpose of reasonably accommodating future ingress, egress and surface use for the exploration, development, production, saving and transportation of oil, gas, and other minerals for the use and benefit of all mineral interest owners of landfill project tracts. Tract 26 is more specifically described by metes and bounds on Exhibit "A" attached hereto and incorporated herein by reference. Reservations from Conveyance: None. Exceptions to Conveyance and Warranty: All validly existing easements, rights -of -way, and prescriptive rights, whether of record or not; all validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests outstanding in person other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; all validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts or shortages in area or boundary lines; any encroachments or overlapping of improvements. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, 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. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. 2 special warranty deed - college station -tract 26-rev, 11-24 When the context requires, singular nouns and pronouns include the plural. CITY OF COLLEGE STATION, TEXAS By: Ben White Mayor THE STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on the day of , 2009 by Ben White, Mayor of City of College Station, Texas, a home rule Municipal Corporation under Texas law, on behalf of said home rule Municipal Corporation. Notary Public, State of Texas After Recording Return to: Bickerstaff Heath Delgado Acosta LLP 816 Congress Avenue, Suite 1700 Austin, Texas 78701 -2443 Attn.: Kathryn Lumpkin special warranty deed - college station -tract 26-rev. 11-24 C� EXHIM "A" TRACT 26 Z.M ACRIES OUT OF A CALLED 6 ACRE TRACT GEORGE VASON SURVEY, Aix VOLUME 0, PAGE 260 GRIPES COUNTY, TEXAS 8ft d of t#wt certain l ot, tract or parcel d lad canatrkv 2.38 saes of land Wtuated In the GEORGE MASON SURVEY. Abstwi 342, and befrhg cut of and a part of that certain called 6 acre Vast of laird described in dead to B. Roman, et aI, recorded is VOWme 49. Page 260 of the offs WoeW Records of Grimes Cbunty, Texas (OdD.R.G.C.T.). said 2.38 acres of land being more particularly deserted by mass acrd bounds as foGom BEGINNING at a 12 Iron Rod wkap apt for too northeast caner at the cakxdatad northeast conker of said Roman called 5 we tract and the tahtcul ed soud mol corner Of a celled 7 acne trace as daac*W In deed to fA Large, at al. recorded In Vduria 40, Fags 236 (WD.R.G.C.T.), same belrg a point In ft coicubW mot nwftdy weal In of a caked 6W.W9 am tract as described In dead to Harold 8. Tranrt recorded lo V*m tom, Page =-(O.m.R.O.C. THENCE. S 01'W9 4r E, along ttte c lw atsd line common to said Roman coded 6 acne 0*0 and to saki Tram called 588.359 acs tract, across and through acid George Mason Survey, A a distance *( 324 el heat to a 1#7 Iron Rod atop act for the =An* ocxrw at the inforsoction of said cxdauladed In cararnon to the Roman called 5 acre bad and b the Trent called 588.359 acre teat wdh the centerline of an exlafirg Taxes MhxdopW Power Authorty (TEA) for UM THENCE, aforg said oarhtodne of the adding TMPA power I ne. am" acrd through said Roman Called 5 acre tract and contUh wV scene and 1ht ob said George Mahlon Survey. A-34Z tte blowing ouureecc . 1.) N 78'29'31' W, a diem of 78.89 feat t0 an o*ting power Dole for a noK and, 2.) N 7WW IIV W, a distance of 2WA4 fast to a UT Iran Wad wkatp set tr the wuti>lwsst: cw wr st the cxlotalafed west line ohadd AO=n called S acm trai t and at the cobArtad moat rwrt wa - eand of a rernoWer of a Called W we bact as dam toil in diked to R. P. Tram recorded in Volume 221. Page 805 (0JI11.G.C.T.); THENCE, N 41 W. dung ire cufC+tWW fine Common to said Roman called 5 acre triad and saki R P. Trent rs MOder of 90 COW 50 ace Irad and teMfnhllrg along ft Calculated GM Common to said Roman called 5 aces tract auhd to the at 000ld Keller Called 10 we bac t conlinutng across and ftwo said George Mum Sta1►ej/, Ar342. a dlgbrm of 242.44 fed to a 11J" Iron Rod W bW set for the norhm* conker at dw celcuiaed rAdhwraet caner of said Roman varied 6 acm tract of lard and at the a aloAled sacdtmw sourer of the aforesaid Large called 7 sore tract TH 4 N 88 1s' F, along the cabilated Iirhe Common b SW Roman Called 5 am but and said Lange called 7 acre tract. oorpihhcdtg 4=0 and through sold George MOM Surtsey, A-842, a ditMo a of 38100 feet to the PLACE OF BEGINNING and cont*Ihg 2.38 aces of WW, more or less, 0000r t>p to a survey peribmhed on ft ground in July. 2001, under to supervision► of Wcxace Cuft Strong. Texas Rsgidened Prafessionat Land Surveyor No. 4984, Worth orientation Is based on rotating the south right aof way lne of Ftighway 30 to Tice North by uslrhg GP& ltlet wd& Vft&AC►.W*Z^AM**W~TPAC D= 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 SPECIAL WARRANTY DEED (Tract 27) Date: i Grantor: The City of College Station, Texas, a Texas Home Rule Municipal Corporation by and through its duly elected mayor, Ben O. White, acting pursuant to a resolution adopted on the 12th day of February, 2009 by the duly elected and constituted city council following strict compliance with the Texas Open Meetings Act, which resolution is incorporated herein by reference. Grantor's Mailing Address: P.O. Box 9960 College Station, Brazos County, Texas 77842 Grantee: The City of Bryan, Texas, a Texas Home Rule Municipal Corporation Grantee's Mailing Address: P.O. Box 1000 Bryan, Brazos County, Texas 77805 Consideration: Good and valuable consideration the receipt and sufficiency of which is acknowledged and for which no lien, express or implied is retained. Property (including any improvements): An undivided' /2 interest in the following interests, which are described below, in the tract known as Tract 27 of the Brazos Valley Solid Waste Management Agency landfill project located in the George Mason Survey, A -342, Official Records of Grimes County, Texas, which were vested or shall vest in the future in Grantor by virtue of a final judgment of condemnation in Cause No. 31,073 by the District Court of Grimes County, Texas: (a) the fee simple title to the surface estate of said tract, including all title and rights to use the surface for the exploration, development, production, saving and 0AProjects\BVSWMA -Grimes County Landfiffispecial warranty deeds\special warranty deed - college station -tract 27 -rev- 10- 16.doc transportation of all oil, gas, and other minerals, including ingress and egress; (b) from the surface of said tract to a depth of 200 feet below the surface, the fee simple title to all oil, gas, and other minerals on, in and under said tract, including but not limited to: (1) the right to use said mineral property for the exploration, development, production, saving and transportation of all oil, gas, and other minerals, including ingress and egress; (2) the executive rights regarding said mineral property; and (3) all other rights associated with said mineral property; and (c) at all depths below 200 feet from the surface of said tract, a perpetual, non - exclusive, reciprocal subsurface easement for the purpose of reasonably accommodating future ingress, egress and surface use for the exploration, development, production, saving and transportation of oil, gas, and other minerals for the use and benefit of all mineral interest owners of landfill project tracts. Tract 27 is more specifically described by metes and bounds on Exhibit "A" attached hereto and incorporated herein by reference. Reservations from Conveyance: None. Exceptions to Conveyance and Warranty: All validly existing easements, rights -of -way, and prescriptive rights, whether of record or not; all validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests outstanding in person other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; all validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts or shortages in area or boundary lines; any encroachments or overlapping of improvements. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, 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. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. 2 0AProjects\BVSWMA - Grimes County LandWspecial warranty deeds \special warranty deed - college station -tract 27- rev- 10- 16.doc When the context requires, singular nouns and pronouns include the plural. THE STATE OF TEXAS § COUNTY OF BRAZOS § CITY OF COLLEGE STATION, TEXAS By: _ Name: Title: This instrument was acknowledged before me on the day of , 2009 by Ben O. White, Mayor of City of College Station, Texas, a home rule Municipal Corporation under Texas law, on behalf of said home rule Municipal Corporation. After Recording Return to: Bickerstaff Heath Delgado Acosta LLP 816 Congress Avenue, Suite 1700 Austin, Texas 78701 -2443 Attn.: Kathryn Lumpkin Notary Public, State of Texas 0AProjects\BVSWMA - Grimes County Landfffispecial warranty deeds\special warranty deed - college station -tract 27- rev- 10- 16.doc EXHIBIT "A" . TRACT 27 9.94 ACRES OUT OF A CALLED 10 ACRE TRACT GEORGE SURVEY, A -342 VOLUME 49, PAGE 237 GRIMES COUNTY, TEXAS Being all of that certain lot, tract. or parcel of land containing 9.94 acres of land situated in the GEORGE MASON SURVEY, Abstract 342, and being out of and a part of that certain called 10 acre tract of land described in deed to S. Keller, et al. recorded in Volume 49, Page 237 of the OfticialMeed Records of Grimes County, Texas (O. /D.R.G.C.T.); said 9.94 acres of land being more particularly described by metes and bounds as follows. BEGINNING at a 112' Iron Rod w /cap set for the northeast corner at the calculated northeast comer of said Keller called 10 acre tract and at the calculated northwest corner of a called 7 acre tract as described in deed to M. Lange, et at. recorded in Volume 49, Page 238 (O./D.R.G.C.T.), same being a point in the calculated south line of a called 47.5 acre tract as described in deed to Harold B. Trent, et al. recorded in Volume 673, Page.672 (O./D.R.G.C.T.), same also being a point in the calculated most westerly south line of said Joseph T. Robinson Survey, A -390 and the calculated north line of the "George Mason Survey, A-342; THENCE, S 01 °09'42" E, along the calculated line common to said Keller called 10 acre tract and said Lange called 7 acre tract and continuing with the calculated line common to said Keller called 10 acre tract and of a called 5 acre tract as described in a deed to B. Roman, et al. recorded In Volume 49, Page 260 (O./D.R.G.C.T.), continuirfrg across and through said George Mason Survey, A -342, a distance of 1013.89 feet to a 112" Iron Rod w1cap set for the southeast comer at the calculated southeast comer of said Keller called 10 acre tract at the calculated most northerly northwest comer of a called 50 acre remainder tract as described in deed to R. P. Trent recorded in Volume 221, Page 605; THENCE, S 88 " 50' 18 " W, along the calculated line common to said Keller called 10 acre tract and to said Trent called 50 acre remainder tract; continuing across and through said George Mason Survey, A -342, a distance of 283.45 feet to a 112" Iron Rod w /cap set for angle point at the centerline of an existing Texas Municipal Power Authority (TMPA) power line; THENCE, N 78 "28'15" W, along said centerline of the existing TMPA power line, across and through said Keller called 10 acre tract and continuing across and through said George Mason Survey, A-342, a distance of 147.13 feet to an existing power pole for angle point; THENCE, N 78 °22'32" W, continuing along said centerline of the existing TMPA power line, continuing across and through said Keller called 10 acre tract and continuing across and through said George Mason Survey, A -342, a distance of 2.52 feet to a 1/2" Iron Rod .w /cap set for the southwest comer at the calculated west line of said Keller called 10 acre tract and the calculated east line of a called 57 acre tract as described in deed to R. P. Trent recorded in Volume 193, Page 480 (O. /D.R.G.C.T.); THENCE, N 01 ° 09'42 "W, along the calculated line common to said. Keller called 10 acre tract And said Trent called 57 acre tract across and through said George Mason Survey, A -342, a distance of 981.01 feet to a 112" Iron Rod w /cap set for the northwest comer at the calculated northwest comer of said !Geller called 10 acre tract of land and at the calculated northeast comer of said Trant called 57 acre tract, same being a point in the calculated south line of a called 10 acre tract as described in a deed to -Sam B. Wilson, et al. recorded in • Volume 88, Page 429 (OJD.R.G.C.T.), same also being a point in the aforesaid calculated most westerly south line of the Joseph T. Robinson Survey, A -390 and the calculated north line of the George Mason Survey, A -342; THENCE, N 88 ° 50' -18 " E, -along the calculated line common to said Keller called 10 acre tract, said Wilson called 10 acre tract, said most westerly south line of the Joseph T. Robinson Survey, - - -- - -- A-390, and the north line of the George Mason Survey, A -342, then continuing along the calculated line common to said Keller called 10 acre tract, 'the aforesaid Trant called 47.0 acre tract, said most westerly south line of the Joseph T. Robinson Survey, A-390, and the north line of the George Mason Survey, A -342, a distance .of 429.44 feet to the PL- CE OF BEGINNING and 'containing 9.94 acres of land, more or less, according to a survey performed on the ground In July, 2001, under the supervision of Horace Curtis Strong, Texas Registered Professional Land Surveyor No. 4961. North orientation is based on'rotating the south right -of -way line of Highway 30 to True North by using GPS Methods. P03TACn0140RNn M%GanM RUACTV_WC