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HomeMy WebLinkAbout10-23-08-3k - Resolution - 10/23/2008RESOLUTION NO. 10- 23 -08 -3k 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 one of the property owners 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 Deed 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 abovereferenced Special Warranty Deeds. PART 3: That this Resolution shall be effective from and after its date of passage. RESOLUTION NO. 10- 23 -08 -3k Page 2 PASSED AND APPROVED this 23` day of October, 2008, ATTEST: APPROVED: City Secretary Mayor F "_:• D I -we k�vahac, sore I U FRFYam'thr+niiriN with AnnAVX City Attorney 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: 11: 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 day of , 2008 by the duly elected and constituted city council following strict compliance with the Texas Open Meetings Act, a copy of the resolution is attached hereto as Exhibit `B" and 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 %a 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, Official Records, 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 0AProjects\BVSWMA - Grimes County landfill\special warranty deeds\special warranty deed- college station -tract 4 -rev. 10 -8 (kl).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 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. 2 O:\Projects\BVSWMA - Grimes County Landfill\special warranty deeds\special warranty deed- college station -tract 4 -rev. 10 -8 (kl).doc 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 , 2008 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 Landfillispecial warranty deeds\special warranty deed- college station -tract 4 -rev. 10 -8 (kl).doc EXHIBIT "A" TRACT 4 10.00 ACRES ALL OF A CALLED 10 ACRE TRACT JOSEPH T. ROBINSON SURVEY, A-390 VOLUME 88, PAGE 428 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 tatted 10 acre tract of land described in deed to Sam B. Wilson, et al. recorded in Volume 88, Page 429 of the Ofticial(Deed Records of Grimes County, Texas (O./D.R.G.C.T.); said 10.00 acres of land being more particularly described by metes and bounds as fokws: BEGINNING at a 112' Iron Rod w /cap set for the southwest renter at the calculated southwest comer of said Wilson called 10 we tract and the calculated southeast comer of a called 1625 acre tract, as described in deed to Mary Travidla recorded in Volume 50, Page 291 (O./D.R.G.C.T. ), same being a point In the calculated most westerly south fine of said Joseph T. Robinson Survey, A -390 and in the calculated north line of a called 57 ecr+e trot as described in a deed to R. P. Trent recorded In Volume 193, Page 480 (0.11D.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 Wilson called 10 acre tract and said TraWia called 16,25 acct tract, across and through said Joseph T. Robinson Survey, A -390, a distance of 1838.89 feet to a U2' Iron Rod w/cap set for the northwest comer at the calculated northwest comer of said Wilson called 10 we tract of land and the calculated southwest comer of a called 6.25 acre tract as described in deed to Harold S. Trent recorded in Volume 673, Page 672 (OJD.RG.C.T); THENCE, N 88 ° 50 ' 18 " E, along the calculated tine common to said Wilson called 10 acre trail and said Trent called 6.25 acre tract, continuing across and through said Joseph T. Robinson Survey, A-390, a distance of 236.81 feet to a 112' Iron Rod w /cap set for the northeast corner at the calculated northeast corner of said Wilson called 10 acre tract of land, same Ming the calculated southeast comer of said Tram called 625 acre tract, same also being a point in the calculated west tine of a called 47.5 acre tract as described in deed to Harold 8. Trant, at al. recorded in said Volume 673: Page 672 (OJD.R_GZ T_); THENCE, S 01 °09'42' E, along the calculated One common to said Wilson called 10 acre bract and said Trant called 47.5 acre tract, a distance of 1838.89 feet to a 1W Iron Rod w/cep set for the southeast corner at the calculated southeast corner of said Wiison called 10 acre tract and at the calculated southwest comer of said Trent called 47.5 acre tract, same being a point in the aforesaid calculated most westerly south line of the Joseph T. Robinson Survey, A-3W and in the calculated north line of a called 10 acre tract as described in deed to S. Kafter, at al, retarded in Volume 49, Page 237 (O./D.R G.C.T.) and of the aforesaid George Mason Survey, A -342; THENCE, S 88 ° 50' 18 " W. along the calculated line common to said Wiison called 10 acre tract, said Keifer called 10 acre trac said Joseph T. Robinson Survey, A-390, and said George Mason Survey, A -342, a distance of 235.81 feet to the PLACE OF BEGINNING and containing 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 rotating the south right- of-way line of Highway 30 to True North by using GPS Methods, 0 PWACAG1C0KAVdNGWAMLATRACT4 WC 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: 11: 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 _ day of , 2008 by the duly elected and constituted city council following strict compliance with the Texas Open Meetings Act, a copy of the resolution is attached hereto as Exhibit `B" and 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 6 of the Brazos Valley Solid Waste Management Agency landfill project in the Joseph T. Robinson Survey, A -390, Official Records of 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 1 0AProjects\BVSWMA - Grimes County Landfiffispecial warranty deeds\special warranty deed- college station -tract 6- rev- 10 -8.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 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 %2 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 one -half of an undivided 1 /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, 2 O:\Projects \BVSWMA - Grimes County Landfill\special warranty deeds\special warranty deed- college station -tract 6- rev- 10 -8.doc 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. 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 , 2008 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 3 0AProjects\BVSWMA - Grimes County Landfiffispecial warranty deeds\special warranty deed- college station -tract 6- rev- 10 -8.doc EXHIBIT "A" TRACT 6 47.60 ACRES ALL OF A CALLED 47.5 ACRE TRACT JOSEPH T. ROBINSON SURVEY, A-390 VOLUME 673, PAGE 672 GRIMES COUNTY, TEXAS Being all of that certain tot, 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 S. Trant, et at. recorded in Volume 673, Page 672 of the Official/Deed Records of Grimes County, Texas (O./D.R.G.C.T.); said 47.60 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" Iron Rod w /cap set for the southwest corner at the calculated southwest comer of said Trent called 47.5 acre tract and the calculated southeast comer of a called 10 we trod as described in deed to Sam B. Wilson. at al. recorded in Volume 88, Page 429 (O./D.R.G.C.T.), same being a point In the calculated most westerty south Me of said Joseph T. Robinson Survey, A-390 and in the calculated north line of a called 10 acre tract as described in deed to S. Keller, et al. recorded in Volume 49, Page 237 (O./D.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 said Wilson called 10 acne tract, and continuing with salt calculated line common to the Trant called 47.5 acre tract and with a called 6.25 aas tract as described in a deed to Harold B. Trant recorded In Bald Volume 673, Page 672, across and through said Joseph T. Robinson Surrey, A- 390, a distance of 3277.80 feet to a 112" Iron Rod Weep set for the northwest comer at the calculated nofttnivest comer of said Trent called 47.6 acre tract of land and the calculated northeasrt corner of said Trent called 6.25 we tract, same being a point in the calculated south tine of a called 20 acre tract as described in deed to Harold B. Trent, at al. recorded. in Volume 52, Page 391 (O./D.R.G.C.T.); THENCE, N 88 ° 50 ' 19 " E, along the calculated fine common to said Trant called 47.5 acre tract and said Tract called 20 acre tract, and continuing with said line common to the Trent called 47.5 acre had 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 118, Page 351 (OJD.R.G.C.T.), and as described in deed to Harold B. Trent, et al. recorded in said Volume 673, Page 672 (OdD.R.G.C.T.), continuing . across and through sold Josajph T. Robinspon.Survey, A- 390,.a distance. of 632.53. feet to.a_117 iron Rod wlcap set for the northeast corner at the calculated northeast comer of said Trent 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 WOhefm recorded in Volume 96, Page 108 (OJD.R.G.C.T.); THENCE, S 01 °09'42' E. along the calculated line common to said Trant called 47.5 acre tract and said V1 Melm 3.6 acre remainder tract, continuing with said calculated One common to said Trant called 47.5 acre tract and a called 6 we tract as described in deed to Harold B. Trant re-corded in said Volume 673, Page 672, then continuing with said calculated One common to said Trant called 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 (O./D.R.G.C.T.), and continuing across and through said Joseph T. Robinson Survey, A -390, a distance of 3277.80 feet to a 1/2" Iron Rod w /cap set for the southeast comer at the calculated southeast comer of said Trant called 47.5 acre tract and at the calculated southwest corner of said Loft 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 (O. /D.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 aforesaid calculated north line 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 tract, said Joseph T. Robinson Survey, A -390, and said George Mason Survey, A-U2, and continuing along the calculated Une common to said Trant called 47.5 we tract, the aforesaid Keller called 10 acre tract, said Joseph T. Robinson Survey, A -390, and said George Mason Survey, A-342, a distance of 332.53 feet to the PLACE OF BEGINNING and containing 47.80 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 an rotating the south right- of-way line of Highway 30 to True North by using GPS Methods. rvs ACAMADAWWOo+u*AW&MCoc 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: 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 day of , 2008 by the duly elected and constituted city council following strict compliance with the Texas Open Meetings Act, a copy of the resolution is attached hereto as Exhibit "B" and 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 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 1 0AProjects\BVSWMA - Grimes County Landfill\special 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. 2 0AProjects\BVSWMA - Grimes County Landfillispecial warranty deeds special warranty deed- college station -tract 9 -rev 10- 16.doc 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 , 2008 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 Landfillispecial warranty deeds\.special warranty deed- college station -tract 9 -rev 10- 16.doc EXHIBIT W TRACT 8 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 95, Page 108 of the OfficiaUDeed Records of Grimes County, Texas (O. /D.R.G.C.T.y 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 descried In dead to Harold B. Trent recorded in Volume 673. Page 672 (OM.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. Trent recorded in said Volume 673, Page 672 (OJD.IR- G.C.T.); THENCE, N 01 ' 09'42 " W, A" the Calculated line corrianort to said Wilhelm 3.6 acre remainder tract and said Trant called 47.5 we bract, across and through said Joseph T. Robinson Survey, A-390, a distance of 239.02 feet to a 1i2' Iron Rod wkep sat for the northwest corner at the eakxdated northwest cater of said Wilhelm 3.8 acne remainder had of land and the Calculated northeast corner of said Trent called 47.5 acre tract, sarne being a point in the calculated south line of a caged 14.81 acre tract being Lot 4, Subdivision of Lot 4, Prow Stuckey Estale according to the prat of record in Volume 118, Page 351 (OM.R.G.C.T.) and as described in a deed to Harald S. Trent, et al. recorded in said Volume 673, Page 672 (O./D.R.G.C.T.); THENCE, N 88' 50'18 " E. along the calculated One common to said Wilhelm 3.6 we remainder tract and said Trani called 14.81 acre tract (Lot 4). and contauit with the line common to said Wllheim 3.8 acre remainder tract, as occupied, and to a called 20228 acre tract, as occupied, and as deaa ed in deed to Colby G. Mach recorded to Volume 745, Page 584 (OdD.R.G.C.T.), contawing across acid through said Joseph T. Robinson Survey, /4390, a distance of 659.14 feet to a 1/Y iron Rod wtcap set for the northeast corner at the calculated northeast comer of said Wilhelm 3.6 acre remainder tract of land, same being the calculated most westerly northweat comer of a caged 97 acre tract as described in deed to Harold S. Trani recorded in said Volume 673. Page 672 (O.1D.R.G.C.T.); THENCE, S 01'09'42' E, along the calculated One common to said Wilhelm 3.6 acre remainder tract and said Trant caged 97 acre tract, conti wit across and through said Joseph T. Robinson Survey, A-=, a distance of 23$.02 feet to a 1/2' Iran Rod w /cap set for the southeast comer at the calculated southeast oomer of said Wiithekn 3.6 acre remainder tract and at the calculated northeast comer of the aforesaid Trani called 6 sera trace: THENCE, S 88 50 ' 18 " W. along the calculated line common to said Wilhelm 16 we remainder tract and said Trani called 6 acre tract, continuing across and through said Joseph T. Robinson Survey. A -390, a distance of 669.14 feet to the PLACE OF BEGINNING and containing 3.60 acres of land; more or less, according to a survey perfornned an the ground in July, 2001, under the supervision of Horace Curls 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 CPS Methods. PA'iYAf�l01 fl6AA�i9 OOC 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: 11: 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 day of , 2008 by the duly elected and constituted city council following strict compliance with the Texas Open Meetings Act, a copy of the resolution is attached hereto as Exhibit `B" and 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, Official Records of 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 0AProjects\BVSWMA - Grimes County Landfill\special warranty deeds\.special warranty deed- college station -tract 15- rev- 10- 16.doc (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 '/z 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 a one -half of 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 2 0AProjects\BVSWMA - Grimes County Landfilflspecial warranty deeds`special warranty deed- college station -tract 15-rev- 10- 1 6.doc 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: _ Name: Title: THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on the day of , 2008 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 3 0AProjects\BVSWMA - Grimes County Landfillispecial warranty deeds\special warranty deed- college station -tract 15- rev..-10- 16.doc EXHIBIT' A" TRACT 15 20.00 ACRES ALL OF A CALLED 20 ACRE TRACT JOSEPH T. ROBINSON SURVEY, A-390 VOLUME 659, PAGE 346 GRIMES COUNTY, TEXAS Being all of that certain lot, 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 we tract of land described In deed to Harold B. Trant, at al. recorded in Volume 559, Page 346 of the OfWaVDeed Records of Grimes County, Texas (0.I1).R.G.C.T.); said 20.00 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a IrZ Iron Rod w /cap set for the southwest comer at the calculated southwest comer of said Trant called 20 acre tract and at Via calculated southeast comer of a called 10 acre tract as described In deed to H. S. Wilson recorded in Volume 52, Page 336 (OJO.R.G.C.T.), same being a point on the calculated north line of a called 48.75 acre tract as described in deed to Harold B. Tram recorded in Volume 673, Page 672 (OJO.R.G.C.T.); THENCE, N 01 ° 09 ' 42 " W, along the calculated line common to said Trent called 20 acre tract and to said Wilson called 10 acre tract, continuing with the calculated line common to said Trani called 20 acre tract and to a second called 10 acre tract as described in deed to Harold 8. Tram recorded in said Volume 673, Page 672 (OJO.R.G.C.T.), and then continuing with the calculated line common to said Trant called 20 acre trod and to a called 8.5 acre tract as described in deed to Larue Howell Henry recorded in Volume 709, Page 137 (O./D.R.G.C.T.), across and through said Joseph T. Robinson Survey, A-390, a distance of 1591.03 teat to a 112' Iron Rod wlcap set for the northwest corner at the calculated northwest comer of said Trant called 20 acre tract of land- and at the calculated northeast comer of said Henry called 8.5 acre tract, same being a point in the calculated south litre of the southern pact of the remainder of a called 99.23 acre tract as described in deed to Frankkm and Kinnard recorded in Volume 52, Page 155 (OJD.R.G.C.T.); THENCE. N 88 ° 50 ' 18 " E, along the calculated We common to said Trant called 20 acre tract and to said southern part of the remainder of the Frankiow and Kinnard card 99:23 acre tract, continuing across and through said Joseph T. Robinson Survey, A -390, a distance of 547.50 feet to a 1/2' Iron Rod w /cap set for the northeast corner at the calculated northeast comer of said Trot called 20 acre tract of land and at the calculated southeast corner of said southern part of the remainder of the Franklow and Kinnard called 99.23 acre tract, same tieing. 'a point in the calculated west line of a called 44.43 acre tract being Lots 1, 2, and 3, Subdivision of tot 4, Prew Stuckey Estate, according to the plat of record in Volume 118, Page 351 (OJD.R.G.C.T.), and as described In deed to R. Fl. Trant recorded in Volume 221, Page 42 (O.fD.R G,C.T.); THENCE, S 01`09'42' E, along the calculated tine common to said Harold B. Trant, et al. called 20 acre tract and said R. P. Trant called 44.43 acre tract (Lots 1, 2. and 3) and continuing with the caleulateed line common to said Harold B. Trant, as at. called 20 acre tract and to a caged 14.81 acre tract being Lot 4, of said Subdivision of Lot 4, Prew Stuckey Estates, and as described in a deed to Harold B. Trant, at ail. recorded in said Volume 673, Page 672 (O./D.R.G.C.T.), continuing across and through said Joseph T. Robinson Survey, A -390, a distance of 1591.03 feet to a 112" iron Rod w /cap set for the southeast comer of the calculated southeast corner of said Harold B. Trant. et al. called 20 acre tract and at the calculated southwest confer of said Harold B. Trarrt called 14.81 acre tract (Lot 4), same being a point in the calculated north tine of a called 47.5 acre tract, as occupied and as described in deed to Harold B. Trant, et al. recorded in said Volume 673, Page 672 (O.ID.R.G.C.T.); THENCE, S 88 ° 50 ' IS " W, along the calculated tine common to said Harold B. Trant, et al. called 20 acre tract and said Harold B. Trant, at al. called 47.5 acre tract, continuing along said caloulated line common to the Harold B TraM, et al. called 20 acre tract and to a called 6.25 acre tract as described in deed to Harold B. Trant recorded in said Volume 673, Page 672 (OJD.R.G,C.T.), then continuing with said calculated fine common to the Harold G Trant, et 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(OdD.R.G,C.T.), and then continuing with said calculated kne cor moon to the Harold B Trant, et al. called 20 acre tract and to the aforesaid Harold B. Trant 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 BEGINNING and containing 20.00 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 rotating the south right- of-way line of Highway 30 to True North by using GPS Methods. PI33LW.0I AWNAWW k00%#LK1 VU%T I 5M W 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: 2008 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 — day of , 2008 by the duly elected and constituted city council following strict compliance with the Texas Open Meetings Act, a copy of the resolution is attached hereto as Exhibit `B" and 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, Official Records of 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: OAProjects\BVSWMA - Grimes County LandfilRspecial warranty deedslspecial warranty deed - college station -tract 18- rev- 10- 16.docx (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 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 %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 a one -half of 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. 2 O:\Projects\BVSWMA - Grimes County Landfill \special warranty deeds \special warranty deed - college station -tract 18- rev- 10- 16.docx 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. 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 , 2008 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 O:\Projects\BVSWMA - Grimes County Landfill\special warranty deeds \special warranty deed- college station -tract 18- rev- 10- 16.docx EXHIBIT "A" TRACT 1$ 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. Trant, et al. recorded in Volume 867, Page 728 of the Officiol/Deed Records of Grimes County, Texas (O.N.R.G.C.T.); said 10.00 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a W. Iron Rod w /cap set for the southwest comer at the calculated southwest corner of said Trant called 10 acre tract and at the calculated northwest owner of a second called 10 acre tract as described In dead to Harold B. Trani recorded in Volume 673, Page 672 (O./D.R.G.C.T.), same being a point In the calculated east line of a called 60 acre remainder tract as described in deed to R. P. Trani recorded in Volume 190, Page 483 (WD.R.G.C.T.); THENCE, N 01 " 09'08 'W, along the calculated One common to said Trant first called 10 acre tract and to said Trani called 60 acre remainder tract, across and through said Joseph T. Robinson Survey, A -390, a distance of 658.97 feet to a 112' iron Rod w /cap set for the northwest comer at the calculated northwest Comer of said Trani first called 10 acre tract of land and at the calculated southwest corner of a called 8.6 acre tract as described in deed to Larne Howell Henry recorded in Volume 709, Page 137 (OJD.R.G.C.T.); THENCE, N 88 ' 50' 18 " E, along the calculated line common to said Trani first called 10 acre tract and said Henry called 8.5 acre tract, contiuuWQ across and through said Joseph T. Rotrinson Surrey, A -390, a distance of 659.78 feet to a 11T Iran Rod wlcap set for the northeast comer at the calculated northeast comer of said Trani first called 10 acre tract of land, same being the calculated northwest comer of a third called 10 acne tract as described in deed to Harold B. Trani recorded in said Volume 673, Page 672 (O./D.R.G.C.T.); THENCE, S 01 °09'34" E, along the calculated liner common to said Trani first called 10 acre tract and to said Trent third called 10 acre tract, c:ondwing across and through said Joseph T. Robinson Survey, A -300, a distance of 656.97 feet to a 112' Iron Rod w /cap set for the southeast comer at the calculated southeast Comer of said .Tram, first called .10. acre. tract and at ft . calculated. soiittiyvest ixamer of said Trani third called 14D acre tract, same being the calculated norttwiest corner of a fourth called 10 acre tract as described in deed to H. B. Wilson recorded in Volume 52, Paige 336 (O./D.R.G.C.T.), same also being the calculated northeast corner of the aforesaid Tram second called 10 acre tract; THENCE, S 88 " 50 ' 18 " W, along the calculated line common to said Trant first called 10 acre tract and to said Trani second called 10 acre trail, continuing across and through said Joseph T. Robinson Survey, A -390; a distance of 659:87 feet to the PLACE OF BEGINNING and containing 10.00 acres of land, more or less, according to a survey perIbm*d 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 f right -of- -way line of Highway 30 to True North by using GPS Methods. , PMwuoT,+afuYn►.cirnMr+e Doc ,.... tlt %S s �''�S S13A� 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: , 2008 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 day of , 2008 by the duly elected and constituted city council following strict compliance with the Texas Open Meetings Act, a copy of the resolution is attached hereto as Exhibit `B" and 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 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; 0APrcjects\BVSWMA - 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. 2 0AProjccts\BVSWMA - Grimes County Landfillispecial warranty deeds\special warranty deed- college station -tract 23- rev- 10- 16.doc 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 , 2008 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 Landfillispecial warranty deeds special warranty deed- college station -tract 23- rev- 10- 16.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, TEXAS Being all of that certain K 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. Trent recorded in Volume 215, Page 146 of the Official/Deed Records of Grimes Coun(y, 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 10 Iron Rod w /cap set for the northeast comer at the calculated northeast comer of said Trent southern part remainder of a called 17 acre tract and at the calculated northwest comer 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 deer! to Harold B. Trent, at al. recorded in Volume 221, Page 42 (O.ID.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. Trent called 17 acre tract and to said Harold B. Trent called 44.43 acne 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 comer at the calculated southeast comer of said R. P. Trent called 17 acre tract of land and at the calculated northeast comer of a called 20 acre tract as described in a deed to Harold B. Trent, et al. recorded in Volume 659, Page 346 (O./D.R.G.C.T.); THENCE, S 88 ° 50 ' 18 " W, along the calculated tine common to said R. P. Trent called 17 acre had and to said Harold B. Trent called 20 acre tract and continuing with the calculated line common to said R. P. Trent rated 17 acre tract and to the Larue Howell Henry called 8:6 acne tract as described in a deed recorded In Volume 709. Page 137 (OJD.R.G.C.T.), continuing across and through said Joseph T. Robinson Survey, A -390, a distance of 831.94 feet to a 1f2" Iron Rod w /cap set for the southwest comer at the calculated most southerly southwest corner of said R. P. Trent soudwm part remainder of the calf 17 acre tract of l and, same being the calculated southeast comer of a called i acre tract described in a deed to N. V. Deudioek recorded in Volume 54, Page 416 (O./D.RG.C.T.): THENCE, N 01 ° D9'42 " W, along the calculated lire common to said R. P. Trent 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 mater at the calm ated northwest comer of said swd*m pail remainder of the R. P. Trant called 17 acre tract, same being a point in the aforesaid calculated south right -of -way Gne 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 it Judy. 2001, under the supervision of Horace Curtis Strong, Texas Registered. Professional Land Surveyor No. 4981. North orientation is based on rotating the south righW- way fine of Highway 30 to True North by using GPS Methods, Pass:AGW1. 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: , 2008 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 day of , 2008 by the duly elected and constituted city council following strict compliance with the Texas Open Meetings Act, a copy of the resolution is attached hereto as Exhibit `B" and 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 25 of the Brazos Valley Solid Waste Management Agency landfill project located in the George Mason Survey, A -342, Official Deed Records of 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; O:Trojects \BVSWMA - Grimes County Landfill \special warranty deeds \special warranty deed - college station -tract 25- 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 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. O: \Projects\BVSWMA - Grimes County Landfill \special warranty deeds\special warranty deed - college station -tract 25- rev- 10- 16.doc 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 , 2008 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 Landfill \special warranty deeds\special warranty deed - college station -tract 25- rev- 10- 16.doc EXHIBIT "A" TRACT 25 7.00 ACRES ALL OF A CALLED 7 ACRE TRACT GEORGE MASON SURVEY. A-342 VOLUME 49, PAGE 238 GRIMES COUNTY, TEXAS Being all of that certain lot, tract, 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 acre tract of land described in deed to M. Lange, et al. recorded in Volume 49, Page 238 of the 01firelol/0eed Records of Grimes County, Texas (O./D.R.G.C.T.); said 7.00 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2' Iron Rod found for the northeast comer at the northeast comer of said Lange catled 7 acre had and in the calculated south One of a called 47.5 acre tract as described in deed to Harold B. TraM, et al. recorded in Volume 673, Page 672 (O./D.R.G.C.T.), same being the northwest comer of a called 568.359 acre tract as described in dead to Harold B. Trant recorded in said Volume 673, Page 672 (OJD.R.G.C.T.), same a€so being a point on the calculated most westerly south: line of said Joseph T. Robinson Surrey, A -390 and the calculated north line of the George Mason Surrey, A THENCE, S 01 °09'42" E, among the calculated One common to said Lange called 7 acre tract and said Trant called 568.359 acre tract, across and through said George Masan Survey, A442, a distance of 835.28 feet to a 112" Iron Rod wkap sat for the southeast comer at the calculated southeast comer of said Lange called 7 acre tract and at the calculated northeast comer of a called 5 acre tract as described in dead to S. Roman recorded in Volume 49, Page 260 (O./D.R.G.C.T.). THENCE, S 88' 60' 16 " W, along the calculated One common to said Lange called 7 ate tract and said Roman called 5 acre tact, continuing across and through said GeMe Mason Survey, A -342, a distance of 365:00 feet to a 1/2' Iron Rod wlcap set for the southwest corner at the calculated souhwest corner of said Lange called 7 we tract and at the calculated northwest corner of said Roman called 5 we tract, same being a point In O e calculated east fine of a called 10 acre tract as described in deed to S. Keller recorded in Volume 49, Page 237 (WID.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 caRW 10 acre tract, continuing across and through said George Mason Survey, A -342, a distance of 835.26 feet to a 1/2' Iron Rod w/cap set for the northwest comer at the calculated northwest caner of said Lange called 7 acre tract of land and the cakxdated northeast comer of said Keller called TO we tract, some being a point in the aforesaid calculated south One of the Trant called 47.5 acre trac the aforesaid calculated most westerly south One of said Joseph T, Robinson Survey, A -390, and the calculated north line of the George Masan Survey, A -342; THENCE N. 88 ' 60 ' 18 " E, along file calculated line common to said Large called 7 acre tract, sand Tram called 47.5 acre kact, said Joseph T. Robinson Survey, A-390, and said George Mason Survey, A-34Z a distance of 365.00 feet to the PLACE OF BEGINNING and containing 7.00 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 Lased on rotaft the south right -of -way line of Highway 30 to True North by using GPS Methods. is PMACAMnoF.4*V"4GVGWha.rTeu.CrAnot 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: 2008 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 day of , 2008 by the duly elected and constituted city council following strict compliance with the Texas Open Meetings Act, a copy of the resolution is attached hereto as Exhibit `B" and 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 26 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 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; 0AProjects\BVSWMA -Grimes County Landfillispecial warranty deeds\special warranty deed - college station -tract 26- 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 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 O:\Projects\BVSWMA - Grimes County Landfill\special warranty deeds \special warranty deed - college station -tract 26-rev- 10- 1 6.doc 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 , 2008 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 Landfill \special warranty deedslspecial warranty deed - college station -tract 26- rev- 10- 16.doc EXHIBIT "A" TRACT 26 2.38 ACRES OUT OF A CALLED 6 ACRE TRACT GEORGE MASON SURVEY, A-342 VOLUME 49, PAGE 260 GRIMES COUNTY, TEXAS Being all of that certain lot, tract, or parcel of land containing 2.38 acres of land situated in the GEORGE MASON SURVEY, Abstract 342, and being out of and a part of that certain tailed 5 acre tract of land described in deed to B. Roman, et al, recorded in Volume 48, Page 260 of the Official/Deed Records of Grimes County. Texas (OJD.R.G.C.T.); said 2.38 aaw of land being more particularly described by metes and bounds as follows: BEGINNING at a 12' Iron Rod wksp set for the northeast comer at the calculated northeast corner of said Roman caned 5 acre tract and the calculated southeast comer of a called 7 acre tract as described in deed to M. Lange, et al. recorded in Volume 40, Page 238 (0.1t}.R.G.C.T.), same being a point In the calculated most northerly west fine of a called. 568.358 we tract as described in deed to Harold B. Trant recorded in Volume 673, Page 672 (0.1D.R.G.C.T.); THENCE, S 01 °0942' E, along the Mated One common to said Ronan tatted 5 acre tract and to said Trant caged 588.359 acm tract across and through said George Mason Survey, A-342. a distance of 324.61 fed to a 112' Iran Rod wkep sat for the southeast comer at the intersection of said calculated line common to the Roman called 5 acre tract and to the Trant tailed 568.359 we tract with the centerline of an existing Texas Municipal Power Authority (TMPA) power Line; THENCE, along said centerline of the existing TMPA power One, across and through said Roman eat 5 acre tract and continuing across and through wild George Mason Surrey, A the following courses: 1.) N 78 °29'31' W, a distance of 76.89 feet to an existing power pole for angle; and, 2.) N 7W28'lr W. a distance of 297.,44 feat to a 112' Iron Rod wleap set for the southwest :comer at the calculated west line of said Roman called 5 we tract and at the calculated most northerly east tine of a remainder of a called 50 acre tract as described in deed to R P. Trant recorded in Volume 22 f, Page 605 (O./l} R.G.C.T.); THENCE, N 01 ' 09' 42' W. along the calculated line common to sold Roman called 5 acre tract and said R. P. Trant remainder of the called 50 acre tract and continuing along the calculaded line common to said Roman caned 5 acre tract and to the aforesaid Keller called 10 acm tract, continuing across and through said George Masan Survey, A- 342, a dWance of 242.44 feet to a 1W Iron Rod wlcap set for the northwest corner at the calculated northwest confer of said Roman called 5 acre tract of land and at the calculated southwest comer of the aforesaid Large called 7 acre tract THENCE, N'88 - 50 - 18 " E; along the calculated One common to said Roman called 5 acre tract and said Lange called 7 acre tract, condnuing a moo and through said George Mason Survey, A-342, a distance of 365.00 fleet to the PLACE OF BEGINNING and containing 2.30 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 5ne of Highway 30 to True North by using GPS Methods. 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: 11: 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 day of , 2008 by the duly elected and constituted city council following strict compliance with the Texas Open Meetings Act, a copy of the resolution is attached hereto as Exhibit `B" and 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 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 Landfilllspecial warranty deedslspecial 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 O:\Projects\BVSWMA - Grimes County Landfillispecial warranty deeds\special warranty deed- college station -tract 27- rev- 10- 16.doc 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 , 2008 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 Landfill\special warranty deedslspecial 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 MASON 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 OfWaYDeed Records of Grimes County, Texas (OJD.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 comer at the calculated northeast comer of said Keller calms 10 acre tract and at the calculated northwest comer of a called 7 acre tract as described In deed to M. Lange, at al. recorded in Volume 49, Page 238 (O./D.R.G.C.T.), same being a point In the calculated south fine of a called 47.5 acre tract as described in deed to Harold S. Trant, st al. recorded in Volume 673, Page 672 (OJD.R.G.C.T.), some also being a point in the calculated most westerly south late 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 tine common to said Keller called 10 acre tract and of a card 5 acre tract as described in a deed to B. Roman, et al. receded in Volume 49, Page 260 (OJDSLG.C.T.), continuing across and through said George Mason Surrey, A-342, a distance of 1013.89 feet to a 1R' Iron Rod w /cap set for the southeast comer at the calculated southeast corner of said Keller eafted 10 acre tract and at the calculated most northerly na hest comer of a called 50 we remainder tract as desalted in deed to R. P. Trant recorded in Volume 221, Page 605; THENCE, S 88 ' 50' 18 "W, along the calculated One common to said Keller called 10 acre tract and to said Trani called 50 acre remainder tract continuing across and through said George Mason Survey, A -342, a distance of 283.45 feet to a 1/2' Iron Rod w /cap set for angle point at the centerline of an existing Texas Municipal Power Authority (TMPA) power lute; THENCE, N 78 °28'13` W, along said centerline of the existing TMPA power fine, across and through said. tiler caned 10 .acre. Mad 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; THEME, N 78 0 22'32' W, continuing along said centerMe of the existing TMPA power line, continuing across and through said Keller called 10 acre tract and continuing across and through said George Mason Surrey, A -342, a distance of 2.32 feet to a 111" Iron Rod w /cap set for the southwest comer at the calculated west tine 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. Trant recorded in Volume 193, Page 480 (OJD.R.G.C.T.); THENCE, N 01 ' 09'42 "W, along the calculated line common to said Keller tailed 10 acre tract and said Trani called 57 acre had across and through said George Mason Survey, A -342, a distance of 981.01 feet to a 1/2' Iron Rod wlcap set for the northwest comer at the calculated northwest comer of said Keller called 10 acre tract of land and at the calculated northeast corner of said Trant caked 57 acre tract, some 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 (O./D.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 kne of the George Mason Survey, A-U2; THENCE, N 88 ' 50' 18 " E, along the calculated line common to said Keller called 10 acre tract, said V illson called 10 acre trail, said most westerly south fine 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 Kotler called 10 acre trail. the aforesaid Trant called 4T.6 acre tract, said most westerly south line of the Joseph T. Robinson Survey, A -390, and the north tine of the George Mason Survey, A-342, a distance of 429.44 feet to the PLACE OF BEGINNING and containing 9.94 acres of land, more or less, according to a survey perfortned 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 Twe North by using GPS Methods. rwt.AcAns OW