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HomeMy WebLinkAbout1985V783P528 ft 1 .1 rrolV 2 a P 1,4, . IA. I: i' { w y 1.. i, i 3'2504 .f,., �� ,�r !:33 APR 22 P,1 3: 0 7 WELLBORN ROAD, LTD. WELLBORN ROAD WATERLINE t �' - C i l?'�r ;;N L, ;; ^' Sttci J,C SUBORDINATION OF LIEN �,, l.;e7c �' +_ STATE OF TEXAS ) - KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS ) THAT the undersigned, of the County of Harris and State of Texas, the present legal and equitable owner and holder of two certain promissory notes in the original principal sums of $1 , 265 , 736 .80 and $1 , 104 ,223 .88 , dated January 3 , 1984 , executed by WELLBORN ROAD, LTD. , a Texas Limited Partnership, by and through its General Partner, MORRIS F. HAMILTON, JR. , to KENNETH M. ROBINSON, TRUSTEE, payable to the order of LIEVEN J. VAN RIET and ROBERT VAN RIET, and wife, MIREILLE VAN RIET, respectively, more fully described in a Deed of Trust , duly recorded in Volume 636 , Page 687 , of the Deed Records of Brazos County, Texas; said note being additionally secured by a Vendor' s Lien retained in Deed dated January 3 , 1984 , filed for record in the office of the County Clerk of Brazos County, Texas , on January 3, 1984 , under Clerk' s File No. 286489 , from LIEVEN J . VAN RIET, TRUSTEE, ROBERT VAN RIET and MIREILLE VAN RIET being secured by a Deed of Trust of even date therewith to KENNETH M. ROBISON, TRUSTEE, as therein provided and all of the terms, provisions and conditions of said instrument, filed for record in the office of the County Clerk of Brazos County, Texas , on January 3, 1984 , under Clerk' s File No . 286490; said note being secured by said Deed of Trust against, AMONG OTHER PROPERTY, the property as described on Exhibit "A" attached hereto which is incorporated herein for all purposes. For a good and valuable consideration undersigned , the receipt and sufficiency of which is hereby acknowledged, the undersigned herebypaid to the above-described lien to t e easement and right of-wayDINATES heretofore or contemporaneously granted to the City of College Station by ae document executed by WELLBORN F. HAMILTON, JR. , and recorded OADn LTD. , by and through, MORRIS County, Texas. the Deed Records of Brazos It is expressly agreed and understood that this SUBORDINATION shall in no wise release d lien or liens against an affect or impair said therein, nor shall the priority ofoseidylienprroorelieof nsaby interest except as to the City of College Sta 'on. 1 difected EXECUTED this the \ O day f ' 1Ul985 . LL .; LIEVEN J . VAN 'IET r _, 1 � • � ,aSTEE ik":_tiC j ip ROBE VAN RIET t-Alcitt \ UV` )/t01.4.1 . (AaLkXCA__. ./v••4-- 017 (ILLICL kic)jk M rEILLE VAN RIET 6 /PO‘) ,6- 07t 5.r.. / , .,,,,, $ 4_,4 "le A,'. k/o o rII 7 3 q 2R STATE OF TEXAS ) INDIVIDUAL ACKNOWLEDGMENT COUNTY OF H A R K S. S ) This instrument was acknowledged before me on the Jam/ f/? day of Al2,41 , 1985, by LIEVEN J. VAN RIET, TRUSTEgtnttarrtzi ,.i. , +> ,,•4..%% * tloouooc.o .� r �•Rr• 46'0 Qa V L'.:, ., .., •.,� Rry \-',.„.,. om` t . fin,r„�f„o • o.r . W. ,r O l yy , dr % .;:,:,,'.....-.. e�i�.S6® 0• eu,„ei .1.u:,' s".4O'JY F.S. .: o LL N ARY PUBLIC B`� "" - c y Commission Expires 9/12/FS et, IV AL STATE b8,rs ' ) COUNTY OF If12P,. s ) INDIVIDUAL ACKNOWLEDGMENT This instrument was acknowledged before me on the / ' t1 day of X1p0, ;j , 1985 tgOBE T vAN RIET. "_..j l• , CNcr, %.4%, XI4';rd; Tt.+Sti 4inJ AI.tof^Q rh FAcf "Ca.' yY" au. 1 :. oc,0 � ,,. :„:";W, �.. a '11.-:.:=,:.. /t.vh.t0 0 0jL.`3"t^-f�� ia.) I `, . a ARY PUBLIC .,,:;„) 0 ,rr� ,�= W '1•, y Commission w t` Ci Expires 9 x)" lraa ; v b ' r4" o6STATE �F, 0X*,SG ,'•. )i - COUNTY OF ) INDIVIDUAL ACKNOWLEDGMENT [1 ARRSS ) This instrument was acknowledged before me on the 19 •Tip day of h pR r L _____ _�., 1985 , by IREILLE VAN RI ET. 4_ iZ,, Z-• Van EP r✓ c,Skec anJ A��'c •., .. 1. .®: / �y ti race ..` �;r 9 �'' NO RY PUBLIC ��,, Commission Expires 22411115_-__ 5....ws `O gL:: t.. ,..,:-..A> l?y V 4t \d,AJ''t':rrttlt'•it°ro 78` P. 529 • TRACT I All of that certain tract or parcel of land, lying STEVENSON SURVEY, Abstract No. 54, in Brazos Count and Texas,basituated alll the thattRT tract of land listed as Tract 1 and called 159.43a� eye being of VanRiet, Trustee by Harold acres conveyed to tmeven J. E. Redmond, et ux by deed recorded in Volume 33�y 39-, of the Deed Records of Brazos County, Texas, and being more described by metes and bounds as follows; particularly BEGINNING at a 3/8-inch Iron rod round marking .2 159.43 acre tract, said iron rod also being ithe Southeast rightorthwest -of-way said bend in a County Road called North Graham Road; aY l ine of a THENCE S 61' 29' 40" E for d distance of 106.20 feet and S 54' 09" distance of 626.92 feet along a fence marking the said County Road to an Iron rod Southeast right-of-way for a , set for corner; Y line of THENCE N 35' 45' 20" E for a distance of 1401. 16 feet to an an fence line for corner; 91e point in said THENCE N 48' 46' 36" E for a distance of THEN focorner; 28.17 feet to an angle point in said fence liTHENCE N 70° 53' 13" E fora distance of to a 3/8-Inch iron rod Pound at 30.23 feet continuing along said fence line s. S 54 corner; THENCEline forS a distance 27"oC 178 get to continuing along said fence line and for corner, said iron rod also markinga 1/2-leets Iron rod County Road right-of-way oact; the Northeasterlyfoundrof thea fence1 corner corner THENCE S 35. 57r 59" 159.43 acre THE a S5° 'oW along the Southeast line of 3725.95 feet to said 159.43f distancesaid iron a S/8-inch Iron acre tracto as fenced No.corner, rod also being in the Northeast rodht_of_ at a fence corner for THENCE, N 50° of-way line of rarm Road ' � 1 distance of 3� 04" W along said Northeast line of ! 1 249.44 feet to a concrete arm Road No. THENCE N 53. 03' highway monument found for 2154 for a � 1774.8313" W continuing I .. corner; • feet to a g along said Northeast 3/8-inch Iron rod found line for THENCE N 34 at d f''"�c corner for a distance of set at a f 45' 47" E alongcorner; fence corner for a fence for a distance of corner; 257.72 feet THENCE N 5G° to an iron rod set at a fence 19' 34" W airs corner for along a fence for a distance of right-of- corner, 156.12 feet )I way line of the aforesaid County Iron rod also beingto an iron rod THENCE N 35 , County Road; In the Southeast I�. a distance of3626" E continuing . 1549.71feet g along said County to an angle point In said Road right-for THENCE N 37. 12' aid fencellne forwcornerfenced for i feetHEto a 12" E continuing along said fence 28-Inch Post Oak Tree Por corner; line for a distance of THENCE N 53' 01 ' 361.08 ; THENCE containing 58,E E fur a distance of 39,45 feet , 159.657 acres of land, more or less, to the POINTBEGINNING and OF h EXHIBIT "A" Page 1. of 2 pages VIII. 783 Pt .1-530 > - • • TRACT II All of that certain tract or parcel of land, lying and being situated in the CRA1iV0RD E3URNETT LEAGUE, Abstract No. 7 in Brazos County, Texas, and being all of the tract called 36.957 acres conveyed to Licven 3. VanRiet, Trustee by Howard Hocgcmcycr, Trustee by deed recorded in Volume 327, page 627 and being all of the tract called 94.774 acres of land conveyed to Licven J. VanRiet, Trustee by H. R. Turner by decd recorded in Volume 327, page 56 and being all of that tract of land called 0.73 acres and listed as Tract 2 as conveyed to Lieven 3. VanRiet, Trustee by Harold E. Redmond, et ux by deed recorded in Volume 331 , page 39, of the Deed Records of Brazos County, Texas, and being more particularly described as follows: BEGINNING: at a 3/4-inch iron rod at a fence corner marking the South corner of the said 94.774 acre tract, said iron rod also being at the point of intersection of the Northeast right-of-way of Farm Road No. 2154 and the Northwest right-of-way line of a County Road called North Graham Road; THENCE N 53' 03' 07" W along the said Northeast line of Farm Road No. 2.154 for a distance of 2929.33 feet to a 1/2-inch iron rod found for corner, said iron rod also marking the most Westerly corner of the aforesaid 36.957 acre tract; THENCE N 36' 28' 55" C along a fence marking the Northwest line of said 36.957 acre tract for a distance of 1163.35 feet to a 5/8-inch iron rod found at a fence corner for corner said iron rod also marking the North corner of said 36.957 acre tract; THENCE N 35° 49' 41" E along a fence marking the Northwest line of the aforesaid 94.774 acre tract for a distance of 1235.88 feet to a 1/2-inch iron rod found at a t fence corner for corner, said iron rod also marking the northwest corner of the said 94.774 acre tract; THENCE: S 55' 50' 53" E along a fence marking a Northeasterly line of the said 94.774 i acre tract for a distance of 1263.51 feet to a 40 d nail driven In a fence corner for corner, said fence corner also marking the most Northeasterly corner of the 94.774 acre tract; THENCE S 35' 49' 13" W along a fence for a distance of 846.16 feet to a 40 d nail driven in a fence corner for corner, said fence corner also marking an Interior ell corner on the 94.774 acre tract; THENCE S 53° 09' 58" E along a fence for a distance of 1518.78 feet to a 5/8-inch iron rod found for corner, said iron trod also marking the most Westerly corner of the aforesaid 0.73 acre tract; THENCE N 67' 18', 50" .E along a fence for a distance of 2H8.65 feet to a 5/0-inch iron prod .found for•'corner, said corner also being in the Northwest right-of-way line of North Graham Road from whence a 3/8-inch iron rod found marking the Northwest corner of •the tract called 159.43 acres of land as conveyed to Lieven 3. VanRiet, Trustee (Volume 331, page 39) bears: 5 52' 47' 48" E for a distance of 45.83 feet, N 37' 12' 12" E for a distance of 361 .08 feet and N 53' 01 ' 58" E for a distance of 39.45 feet; THENCE S 37' 16' 18" W for a distance of 449.33 feet and536' 12" a distance of 1417.52 feet along the Northwest right-of-way line 03'f aforesaidrNorth Graham Road to the POINT OF BEGINNING and containing 132.508 acres or land, more or less. 1• EXHIBIT "A" Page 2 of 2 pages . ;4 7Vf-rPrrr531