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HomeMy WebLinkAbout12-20-2007-02 - Resolution - 12/20/2007RESOLUTION NO. 12 -20- 2007 -02 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS RELATING TO: (1) THE AUTHORITY OF THE CITY TO INITIATE, COMPLETE, AND ACQUIRE THROUGH CONDEMNATION CERTAIN PROPERTY INTERESTS IN CERTAIN REAL PROPERTY LOCATED IN GRIMES COUNTY, TEXAS FOR AN AUTHORIZED AND DECLARED PUBLIC PURPOSE AND USE, SAME BEING THE EXPANSION AND IMPROVEMENT OF THE CITY'S MUNICIPAL SOLID WASTE DISPOSAL AND MANAGEMENT SYSTEM THROUGH CONSTRUCTION, OPERATION, AND MAINTENANCE OF A MUNICIPAL SOLID WASTE DISPOSAL FACILITY AND LANDFILL; (2) A DECLARATION THAT A PUBLIC NECESSITY EXISTS FOR THE CITY TO ACQUIRE THE SUBJECT PROPERTY AND PROPERTY INTERESTS THROUGH CONDEMNATION IN ORDER TO ACCOMPLISH AN AUTHORIZED AND DECLARED PUBLIC PURPOSE AND USE; (3) THE RATIFICATION OF ALL PRIOR CITY ACTS AND RESOLUTIONS; AND (4) THE ESTABLISHMENT OF AN EFFECTIVE DATE AND COMPLIANCE WITH THE TEXAS OPEN MEETING ACT. WHEREAS, the City of College Station, Texas ( "City ") is a home rule municipality which is duly incorporated and chartered under the constitution and laws of Texas; and WHEREAS, the City owns, operates, constructs, repairs, and maintains a municipal solid waste disposal and management system ( "system ") as a public service, in order to provide solid waste disposal and management services to the public and the City, now and in the future; and WHEREAS, the City's ownership, operation, construction, repair, and maintenance of the system is a benefit to the public, because the system currently provides, and will provide in the future, an important source of solid waste disposal, management, facilities and services to the public and the City. Therefore, the system and the City's ownership, operation, construction, repair, and maintenance of the system, now and in the future, are hereby declared to be worthwhile public purposes and uses; and WHEREAS, the City, through a condemnation proceeding, may exercise the power of eminent domain to acquire property inside or outside the municipality in order to efficiently carry out the ownership, operation, construction, repair, and maintenance of the system pursuant to the laws of Texas, including but not limited to the following authority which is hereby incorporated by reference: Chapter 251 of the Texas Local Government Code; Chapter 21 of the Texas Property Code; and the City's Charter; and WHEREAS, the City is engaged in the following project through joint participation in the Brazos Valley Solid Waste Management Agency ( "BVSWMA "), a cooperative interlocal governmental relationship based upon an interlocal cooperation agreement with the City of Bryan, Texas, also a home -rule municipality located in Brazos County, Texas, said project being designed to improve and expand the municipal solid waste disposal and management systems of said cities, same being the Cities of College Station and Bryan, Texas (hereafter "cities "), said project being more particularly described as follows: the construction, operation, and maintenance of a municipal solid waste disposal facility and landfill in Grimes County, Texas RESOLUTION NO. 12 -20- 2007 -02 Page 2 ( "landfill project "), located on or near State Highway 30, near Carlos, Texas, with the cities being involved in the landfill project in order to accomplish and advance all lawful purposes thereof, including the advancement of the interests, welfare, health, morals, safety, and convenience of the cities, their inhabitants, and the region at large. This landfill project will benefit the public, the cities, and the entire region because its construction, completion, operation, and maintenance will enhance and improve the sources of solid waste disposal and management services, and related facilities, available to the community and area at large. Therefore, this landfill project, which includes the acquisition of the subject property and property interests herein described, is hereby declared to be a worthwhile public purpose and use; and WHEREAS, the City determines that the best interests and needs of the public, including the health, safety, and welfare of the public, require that the City's municipal solid waste disposal and management system should be improved and expanded by the City's acquisition, through condemnation regarding the landfill project, of certain property interests in and to certain tracts of real property located in Grimes County, Texas, said tracts ( "subject property" or "said tracts ") being more particularly described by metes and bounds as landfill project Tract Nos. 4, 6, 9, 10, 15, 18, 23, 25, 26, and 27 in Exhibit A, attached hereto and incorporated by reference, and further, said property interests ( "subject property interests ") being described as follows: (a) the fee simple title to the surface estate of said tracts, 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 tracts to a depth of 200 feet below the surface, the fee simple title to all oil, gas, and other minerals ( "said mineral property ") on, in and under said tracts, 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 tracts, 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; and WHEREAS, the City intends and seeks to acquire the subject property and property interests through condemnation for the following declared public purposes and uses regarding the landfill RESOLUTION NO. 12 -20- 2007 -02 Page 3 project, in order to improve, expand, construct, operate, and maintain the City =s municipal solid waste disposal and management system, now and in the future, for the benefit of the public and the City: (a) the construction, operation, and maintenance of a solid waste disposal facility and landfill (landfill facility); (b) the construction, installation, inspection, operation, placement and removal of infrastructure, equipment, and improvements related to the operation and maintenance of the landfill facility, on, in, above, under, across, through, and below the ground; (c) the permanent ownership, operation, construction, repair, inspection, placement, removal, and maintenance of the landfill facility on the subject property, including all infrastructure, equipment, and improvements placed on, in, above, under, across, through, and below the ground, as described herein; and (d) the use of the aforementioned reciprocal subsurface easement, and the drill site areas described hereafter, 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 — thereby, after acquisition, protecting from interference the City's landfill project rights regarding the permanent ownership, operation, construction, repair, inspection, placement, removal, and maintenance of the landfill facility on the subject property, including all infrastructure, equipment, and improvements placed on, in, above, under, across, through, and below the ground, as described herein; and WHEREAS, pursuant to the landfill project, a public necessity exists for the City to acquire through condemnation the subject property and property interests for the public purposes and uses described herein, and WHEREAS, pursuant to the landfill project, the City's acquisition of the subject property and property interests through condemnation is necessary to accomplish, achieve, and advance the public purposes and uses described herein; and WHEREAS, the City has established three drill site areas on the landfill project for directional or horizontal drilling purposes, said drill sites, when combined with the reciprocal subsurface easements for all tracts, as described herein, being sufficient to reasonably accommodate and preserve future ingress, egress and surface use for the exploration, development, production, saving and transportation of oil, gas, and other minerals from all landfill project tracts, said drill RESOLUTION NO. 12 -20- 2007 -02 Page 4 sites being described in the affidavit of record and attachments in Volume 1113, Pages 144 -153 of the Official Records (Official Real Property Records) of Grimes County, Texas, which documents are incorporated by reference, and also being described in other documents filed in the Official Records (Official Real Property Records) of said County; now, therefore, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, for and in behalf of said City and the public: PART 1: Singular nouns and pronouns shall include the plural, and the masculine gender shall include the feminine gender, where necessary for a correct meaning of this document. PART 2: All prior resolutions or orders regarding the landfill project, the subject property, or the subject property interests are hereby supplemented and incorporated by reference. Where in conflict with a prior resolution or order, the provisions of this document shall control and be effective. PART 3: All prior acts of the City, including the acts of its elected and appointed officials, officers, employees, and agents, BVSWMA representatives, or attorneys, regarding the landfill project, the subject property, and the subject property interests are hereby authorized, ratified, approved, confirmed, and validated, including but not limited to all offers to purchase, purchases, acquisitions, offer acceptances or declinations, negotiations, and all other land acquisition activities regarding the landfill project. PART 4: All statements made in the caption, preamble, and preliminary recitals of, and all documents referenced or attached to, this document are true, correct, and incorporated by reference. PART 5: The best interests and needs of the public, including the health, safety, and welfare of the public, pursuant to the landfill project described herein, require that the municipal solid waste disposal and management system of the City be improved and expanded by the City's acquisition, through condemnation, of the subject property and property interests described herein. PART 6: The City shall acquire through condemnation proceedings, and for the public purposes and uses described herein, those certain property interests in and to certain tracts of real property located in Grimes County, Texas, said tracts ( "subject property" or "said tracts ") being more particularly described by metes and bounds as landfill project Tract Nos. 4, 6, 9, 10, 15, 18, 23, 25, 26, and 27 in Exhibit A, attached hereto and incorporated by reference, and further, said property interests ( "subject property interests ") being described as follows: RESOLUTION NO. 12 -20- 2007 -02 Page 5 (a) the fee simple title to the surface estate of said tracts, 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 tracts to a depth of 200 feet below the surface, the fee simple title to all oil, gas, and other minerals ( "said mineral property ") on, in and under said tracts, 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 tracts, 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. PART 7: All public purposes and uses described in this document are hereby declared to be worthwhile, convenient, and necessary to justify and support the acquisition of the subject property and property interests for the landfill project by the City through condemnation proceedings. A public necessity exists for the City to acquire through condemnation the subject property and property interests for the public purposes and uses described herein. The City's acquisition of the subject property and property interests through condemnation is necessary to accomplish, achieve, and advance the public purposes and uses described herein. PART 8: Regarding the subject property and property interests described in this document, and pursuant to the landfill project, the City hereby declares that the owners and the City are unable to agree on the issue of damages or compensation due to the following facts, said facts having been communicated to and known by both cities within the BVSWMA interlocal cooperative relationship: (a) the City made bona fide, good faith offers to purchase said property and interests from the owners, but said offers were rejected or not accepted; (b) the City made bona fide, good faith offers to purchase said property and interests from the owners, but said owners were unable to convey title free and clear of all liens, encumbrances, or RESOLUTION NO. 12 -20- 2007 -02 Page 6 claims of adverse ownership or possession due to disputed or unclear title issues - therefore, it is futile for the City to engage in further negotiations for the purchase of said property and interests due to the inability of the City to determine true ownership, and the resulting risk to the City of having to pay fair compensation or damages more than once for the same property or property interest; or (c) after the exercise of due diligence, the City has been unable to locate the owners - therefore, it is futile for the City to attempt purchase negotiations with an owner who cannot be located. PART 9: Pursuant to the landfill project, the City's elected and appointed officials, officers, employees, agents, representatives, and attorneys ( "said representatives ") are hereby authorized to engage in the following conduct regarding the subject property and property interests: (a) Said representatives shall have the authority to lay -out or map the exact location of the land needed regarding the subject property and property interests. (b) Said representatives shall have the authority to hire, engage, or direct such City staff, engineers, surveyors, appraisers, title companies, architects, attorneys, or other persons or entities needed to obtain or complete: the mapping or design of the necessary utility infrastructure, facilities, or improvements regarding the subject property or property interests; the establishment and acquisition of the necessary title to the subject property or property interests, including the initiation and completion of all administrative and adjudicative phases of condemnation proceedings; and the construction, operation, inspection, removal and maintenance of the necessary infrastructure, equipment, facilities, or improvements on the subject property. (c) Said representatives shall have the authority, with the consent of the property owner or through a court order, to enter upon property for the purpose of. surveying and establishing title; determining reasonable, adequate, and just compensation; conducting tests; or negotiating with the owner for the purchase for the City of all necessary title regarding the subject property and property interests. RESOLUTION NO. 12 -20- 2007 -02 Page 7 (d) Said representatives shall continue to have the authority to determine reasonable, adequate, and just compensation for the subject property and property interests, and to negotiate with the property owner for the purpose of acquiring same for the City. (e) Said representatives shall have the authority to initiate and complete all administrative and adjudicative phases of condemnation proceedings against the property owners in order to acquire through condemnation all required title regarding the subject property and property interests. (f) Said representatives shall have the authority to initiate and complete all other actions deemed necessary and appropriate to obtain the accomplishment of the public purposes and uses described herein. PART 10: This resolution and order shall take effect immediately from and after its passage. This document was passed and approved at a public meeting in compliance with the Texas Open Meetings Act. ADOPTED by the City Council of the City of College Station, Texas on the 20 day of December, 2007. APPROVED: Mayor ATTEST: City Secretary APPROVED: City Attorney EXHIBIT A E EXHIBIT "A" TRACT 4 10.40 ACRES ALL OF A CALLED 10 ACRE TRACT JOSEPH T. ROBINSON SURVEY, A -390 VOLUME 88, PAGE 429 GRIMES COUNTY, TEXAS Being all of that certain lot, tract, or parcel of land containing 10.00 acres of land situated in the JOSEPH T. ROBINSON SURVEY, Abstract 390, and being all of that certain called 10 acre tract of land described in deed to Sam B.. Wilson, et al. recorded in Volume 88, Page'429 of the Official/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 follows: BEGINNING at a 112" Iron Rod w /cap set for the southwest comer at the calculated southwest comer of said Wilson called 10 acre tract and the calculated southeast comer of a called 16.25 acre tract, as described in deed to Mary Travilla. recorded in Volume 50, Page 291 (O./D.R.G.C.T.), same being a point in the calculated most westerly south line of said Joseph T. Robinson Survey, A -390 and in the calculated north line of a called 57 acre tract as described in a deed to R. P. Trent recorded in Volume 193, Page 480 (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 Wilson called 10 acre tract and said Travilla called 16.25 acre tract, across and through said Joseph T. Robinson Survey, A -390, a distance of 1838.89 feet to a 1/2" Iron Rod w /cap set for the northwest comer at the calculated northwest comer of said Wilson called 10 acre tract of land and the calculated southwest comer of a called 6.25 acre tract as described in deed to Harold B. Trent recorded in Volume 673, Page 672 (OJD.R.G.C.T); THENCE, N 88 ° 50' 18 " E, along the calculated line common to said Wilson called 10 acre tract 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 1/2' Iron Rod w /cap set for the northeast corner at the calculated northeast comer of said Wilson called 10 acre tract of land, same being the calculated southeast comer of said Trent called 6.25 acre tract, same also being a point in the calculated west line of a called 47.5 acre tract as described In deed to Harold B. Trent, et al. recorded in said Volume 673; Page 672 (O./D.R.G.C.T.); THENCE, S 01 0 09'42" E, along the calculated fine common to said Wilson called 10 acre tract and said Trent called 47.5 acre tract, a distance of 1838.89 feet to a 112" Iron Rod w /cap set for the southeast comer at the calculated southeast corner of said Wilson 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-390 and in the calculated north line of a called 10 acre tract as described In deed to S. Keller, st al. recorded 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 Wilson called 10 acre tract, said Keller called 10 acre tract, said Joseph T. Robinson Survey, A -390, and said George Mason Survey, A -342, a distance of 236.81 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 PmAcADi40anwwc4RU1ATWT4.00c EXHIBIT "A" TRACTS 47.50 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 lot, tract, or parcel of land containing 47.60 acres of land situated in the JOSEPH T. ROBINSON SURVEY, Abstract 390, and being all of that certain called 47.5 acre tract of land described in deed to Harold B. Trent, et al. 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 10 Iron Rod w /cap set for the southwest comer at the calculated southwest comer of said Trent called 47.5 acre tract and the calculated southeast comer of a called 10 acre tract as described in deed to Sam B. Wilson; et al. recorded in Volume 88, Page 429 (OJD.R.G.C.T.), same being a point in the calculated most westerly south line of said Joseph T. Robinson Survey, A 7 390 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 Trent called 47.5 acre tract and said Wilson called 10 acre tract, and continuing with said calculated line common to the Trent called 47.5 acre tract and with a called 6.25 acre tract as described in a deed to Harald B. Trent recorded In said Volume 673, Page 672, across and through said Joseph T. Robinson Survey, A- 390, a distance of 3277.80 feet to a 1/2" Iron Rod w /cap set for the northwest comer at the calculated northwest corner of said Trent called 47.5 acre tract of land and the calculated northeast comer of said Trent called 6.25 acre tract, same being a point in the calculated south line of a called 20 acre tract as described in deed to Harold B. Trent, et al. recorded in Volume 52, Page 391 (O./D.R.G.C.T.); THENCE, N 88 ° 50 - 18 " E, along the calculated line common to said Trent called 47.5 acre tract and said Trent called 20 acre tract, and continuing with said line common to the Trent called 47.5 acre tract and to a called 14.81 acre tract being Lot 4, Subdivision of Lot 4, Prew Stuckey Estate according to the plat of record in Volume 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 (O. /D.R.G.C.T.), continuing across and through said Joseph T. Robinson Survey, A -390, a distance of 632.53 feet to a 1/2 Iron Rod w /cap set for the northeast comer at the calculated northeast comer of said Trani 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 Wilhelm recorded in Volume 96, Page 108 (O./D. R.G.C.T.); THENCE, S 01 0 09'42" E, along the calculated line common to said Trent called 47.5 acre tract and said Wilhelm 3.6 acre remainder tract, continuing with said calculated line common to said Trent called 47.5 acre tract and a called 6 acre tract as described in deed to Harold B. Trent recorded in said Volume 673, Page 672, then continuing with said calculated line common to said Trent 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 comer of said Lott called 40 acre tract, same being the calculated northeast comer of a called 7 acre tract as described in a deed to M. Lange, et al. recorded in Volume 49, Page 238 (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 -342, and continuing along the calculated line common to said Trant called 47.5 acre 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 632.53 feet to the PLACE OF BEGINNING and containing 47.60 acres of land, more or less, according to a survey performed on the ground in July, 2001, under the supervision of Horace Curtis Strong, Texas Registered Professional Land Surveyor No. 4961. North orientation Is based on rotating the south'right -of way line of Highway 30 to True North by using GPS Methods. F=ACAM4WAWING%OR MTPAM.WG EXHIBIT "A" TRACT . 9 3.60 ACRES ALL OF A CALLED 3.6 ACRE REMAINDER OF A CALLED 9.6 ACRE TRACT JOSEPH T. ROBINSON SURVEY, A -390 VOLUME 96, PAGE 108 GRIMES COUNTY, TEXAS Being all of that certain lot, tract, or parcel of land containing 3.60 acres of land situated in the JOSEPH T. ROBINSON SURVEY, Abstract 390, and being all of that certain 3.6 acre remainder of a called 9.6 acre tract of land described in deed to Fred Wilhelm recorded in Volume 96, Page 108 of the Official/Deed Records of Grimes County, Texas (O. /D. R . AC.T.); said 3.60 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 comer at the calculated southwest comer of said Wilhelm 3.6 acre remainder tract and the calculated northwest comer of a called 6 acre tract as described in deed to Harold B. Trant recorded in Volume 673, Page 672 (O./D.R.G.C.T.), same being a point on the calculated east line of a called 47.5 acre tract as described in deed to Harold B. Trant recorded In said Volume 673, Page 672 (O./D.R.G.C.T.); THENCE, N 01 ° 09'42 " W, along the calculated line common to said Wilhelm 3.6 acre remainder tract and said Trant called 47.5 acre tract, across and through said Joseph T. Robinson Survey, A -390, a distance of 231102 feet to a 1/2' Iron Rod w /cap set for the northwest comer at the calculated northwest comer of said Wilhelm 3.6 acre remainder tract of land and the calculated northeast corner of said Trant called 47.5 acre ..tract, same being a point In the calculated south line of a called 14.81 acre tract being Lot 4, Subdivision of Lot 4, Prew Stuckey Estate according to the plat of record in Volume 118, Page 351 (O./D.R.G.C.T.) and as described in a deed to Harold B. Trant, et al. recorded in said Volume 673, Page 672 (O./D.R.G.C.T.); THENCE, N 88 ° 50' 18 " E, along the calculated line common to sold Wilhelm 3.6 acre remainder tract and said Trant called 14.81 acre tract (Lot 4), and continuing with the line common to said Wilhelm 3.6 acre remainder tract, as occupied, and to a called 20.228 acre tract, as occupied, and as described1n deed to Colby G. Muth recorded in Volume 745, Page 584 (O./D.R.G.C.T.), continuing across and through said Joseph T. Robinson Survey, A-390, a distance of 659.14 feet to a 112" Iron Rod w /cap set for the northeast comer at the calculated northeast comer of said Wilhelm 3.6 acre remainder tract of land, same being the calculated most westerly northwest comer of a called 97 acre tract as described in deed to Harold B. Trent recorded in said Volume 673, Page 672 (O. /D.R.G.C.T.); THENCE, S 01 0 09'42' E, along the calculated line common to said Wilhelm 3.6 acre remainder tract and said Trant called 97 acre tract, continuing across and through said Joseph T. Robinson Survey, A-390, a distance of 238.02 feet to a 112" Iron Rod w /cap set for the southeast comer at the calculated southeast comer of said Wilhelm 3.6 acre remainder tract and at the calculated northeast comer of the aforesaid Trant- called 6 acre tract; THENCE, S 88 ° 50' 18 "W, along the calculated line common to said Wilhelm 3.6 acre remainder tract and said Trant called 6 acre tract, continuing across and through said Joseph T. Robinson Survey, A-390, a distance of 659.14 feet to the PLACE OF BEGINNING and containing 3.60 acres of land, more or less, according to a survey performed on the ground In July, 2001, under the supervision of Horace Curtis Strong, Texas Registered Professional Land Surveyor No. 4961. North orientation is based on rotating the south right -of -way line of Highway 30 to True North by using GPS Methods. A P933:AM140RAWIN01QRMLF% 4CT9.DOC f ' EXHIBIT' A" TRACT 10 64.48 ACRES OUT OF A CALLED 97 ACRE TRACT JOSEPH T. ROBINSON SURVEY, A -390 VOLUME 673, PAGE 672 GRIMES COUNTY, TEXAS Being all of that certain lot, tract, or parcel of land containing 64.48 acres of land situated in the JOSEPH T. ROBINSON SURVEY, Abstract 390, and being out of and a part of that certain called 97 acre tract of land as described in deed to Harold B. Trant recorded in Volume 673, Page 672 of the Official/Deed Records of Grimes County, Texas (O. /D.R.G.C.T.); said 64.48 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 comer at the calculated southwest comer of said Trant called 97 acre tract and the calculated southeast comer of a called 40 acre tract as described in . deed to Royal and Jeff Lott recorded in Volume 67, Page - 584 (O.ID.R.G.C.T.), same being the calculated northeast comer of a called 7 acre tract as described in deed to M. Lange, et al. recorded In Volume 49, Page 238 (O./D.R.G.C.T.) and the calculated most northerly northwest comer of a called 568.359 acre tract as described in deed to Harold B. Trant recorded in said Volume 673; Page 672 (O. /D.R.G.C.T.), same also being a point on the calculated most westerly south line of said Joseph T. Robinson Survey, A -390 and the calculated north line of the George Mason Survey, A -342; THENCE, N 01 ° 09 ' 42 " W, along the calculated line common to said Trant called 97 acre tract and said Lott called 40 acre tract, continuing with the calculated line common to said Trant called 97 acre tract and to a called 6 acre tract as described in a deed to Harold B. Trent recorded in said Volume 673, Page 672, and continuing with the calculated line common to said Trant called 97 acre tract and to a 3.6 acre remainder of a called 9.6 acre tract as described in deed to Fred Wilhelm recorded in Volume 96, Page 108 (O. /D.R.G.C.T.), 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 northwest comer at the calculated most westerly northwest comer of said Trant called 97 acre tract of land and at the calculated northeast corner of said Wilhelm 3.6 acre remainder tract, same being a point in the calculated south line of a called 20.228 acre tract, as occupied, and as described in deed to Colby G. Muth recorded in Volume 745, Page 584 (O. /D.R.G.C.T.); THENCE, N 87 ° 10' 10 " E, along a calculated line common to said Trant called 97 acre tract and said Muth called 20.228 acre tract, as occupied, continuing across and through said Joseph T. Robinson Survey, A -390, a distance of 609.30 feet to a 1/2" Iron Rod w /cap set for the northeast corner, THENCE, across and through said Trant called 97 acre tract and continuing across and through said Joseph T. Robinson Survey, A -390, the following courses: 1.) S 06 °41'18" E, a distance of 126.07 feet to a fence comer for angle point; 2.) S 07 0 43'02" E, a distance of 421.80 feet to a fence comer for angle point; 3.) S 10 9 27'39" E, a distance of 967.91 feet to a fence comer for angle point; 4.) S 10 0 3341" E, a distance of 1240.63 feet to a fence comer for angle point; 5.) S 10 °47'06" E, a distance of 192.87 feet to an 8" Post Oak for angle point; 6.) S 13 °11'44" E,. a distance of 61.68 feet to a 12" Post Oak for angle point; and, 'J v 7.) S 14 °14'43" E, a distance of 190.90 feet to a 1/2" Iron Rod w /cap set for angle in the calculated east line of said Trant called 97 acre tract, same being the calculated west line of a called 473 acre tract as described in deed to Jill M. Hybner recorded in Volume 734, Page 650 (O./D.R.G.C.T.); THENCE, S 01 °12'12" E, along the calculated line common to said Trant called 97 acre tract and said Hybner called 473 acre tract, continuing across and through said Joseph T. Robinson Survey, A -390, a distance of 135.40 feet to a 112" Iron Rod w /cap set for the southeast comer at the calculated southeast comer of said Trant called 97 acre tract and at the calculated southwest comer of said Hybner called 473 acre tract, same 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, same also being .a point in the calculated most easterly north fine of the aforesaid Trant called 568.359 acre tract; THENCE, S 88 ° 50' 14 " W, along the calculated line common to said Trant called 97 acre tract, said Trant called 558.359 acre tract, said Joseph T. Robinson Survey, A-390, and said George Mason Survey, A -342, a distance of 1116.78 feet to the PLACE OF BEGINNING and containing 64.48 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. P03;AGAD14f DRAYNNOORMLATWT10, DOG a Al. 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 acre tract of land described in deed to Harold B. Trent, et al. recorded in Volume 659, Page 346 of the Official /Deed Records of Grimes County, Texas (O. /D.R.G.C.T.); said 20.00 acres of 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 Trent called 2b acre tract and at the calculated southeast comer of a called 10 acre tract as described in deed to H. B. Wilson recorded in Volume 52, Page 338 (O./D.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. Trent recorded in Volume 673, Page 672 (O./D.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 Trent called 20 acre tract and to a second called 10 acre tract as described In deed to Harold B. Trent recorded in said Volume 673, Page 672 (O. /D.R.G.C.T.), and then continuing with the calculated line common to said Trent called 20 acre tract and to a called 8.5 acre tract as described in deed to Larue Harrell 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 feet to a 1/2" Iron Rod w /cap set for the northwest comer at the calculated northwest comer of said Trent 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 line of the southern part of the remainder of a called 99.23 acre tract as described In deed to Franklow and Kinnard recorded in Volume 52, Page 155 (O./D.R.G.C.T.); THENCE, N 88 " 50' 18 " E, along the calculated line common to said Trent called 20 acre tract and to said southern part of the remainder of the Franklow and Kinnard called 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 comer at the calculated northeast comer of said Trent called 20 acre tract of land and at the calculated southeast comer of said southern part of the remainder of the Franklow and Kinnard called 99.23 acre tract, same being a point in the calculated west line of a called 44.43 acre tract being Lots 1, 2, and 3, Subdivision of Lot 4, Prew Stuckey Estate, according to the plat of record in Volume 118, Page 351 (O. /D.R.G.C.T.), and as described in deed to R. P. Trent recorded in Volume 721, Page 42 (O. /D.R.G.C.T.); THENCE, S 01 °09'42° E, along the calculated line common to said Harold B. Trent, et al. called 20 acre tract and said R. P. Trent called 44.43 acre tract (Lots 1, 2, and 3) and continuing with the calculated line common to said Harold B. Trent, et al. called 20 acre tract and to a called 14.81 acre tract being Lot 4, of said. Subdivision of Lot 4, Prew Stuckey Estate, and as described in a deed to Harold B. Trent, et al. 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 wlcap set for the southeast comer at the calculated southeast corner of said Harold B. Trent, et al. called 20 acre tract and at the calculated southwest comer of said Harold B. Trent r� called 14.81 acre tract (Lot 4), same being a point in the calculated north line 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./D.R.G.C.T.); THENCE, S 88 ° 50 - 18 " W, along the calculated line common to said Harold B. Trant, et al. called 20 acre tract- and said Harold B.. Trant, et al. called 47.5 acre tract, continuing along said calculated line common to the Harold B Trant, 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 (O./D.R.G,C.T.), then continuing with said calculated line common to the Harold B 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 (O. /D.R.G,C.T.), and then continuing with said calculated line common 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 Strongjexas 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. PWAW14WAvvn G%GWLRTWT1antic EXHIBIT "A" TRACT 18 10.00 ACRES ALL OF A CALLED 10 ACRE TRACT JOSEPH T. ROBINSON SURVEY, A -390 VOLUME 867, PAGE 728 GRIMES COUNTY, TEXAS Being all of that certain lot, tract, or parcel of land containing 10.00 acres of land situated in the JOSEPH T. ROBINSON SURVEY, Abstract 390, and being all of that certain called 10 acre tract of land described in deed to Harold B. Trant, et al. recorded in Volume 867, Page 728 of the Official/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 follows: BEGINNING at a 1/2" Iron Rod w /cap set for the southwest comer at the calculated southwest comer of said Trant called 10 acre tract and at the calculated northwest comer of a second called 10 acre tract as described in deed to Harold B. Trant 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. Trent recorded in Volume 190, Page 483 (O./D.R.G.C.T.); THENCE, N 01 ° 09 ' 08 " W, along the calculated line common to said Trant first called 10 acre tract and to said Trant called 60 acre remainder tract, across and through said Joseph T. Robinson Survey, A-390, a distance of 659.97 feet to a 1/2" Iron Rod w /cap set for the northwest comer at the calculated northwest comer of said Trant first called 10 acre tract of land and at the calculated southwest comer of 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.); THENCE, N 88 ° 50 ' 18 " E, along the calculated line common 'to said Trant first called 10 acre tract and said Henry called 8.5 acre tract, continuing across and through said Joseph T. Robinson Survey, A -390, a distance of 659.78 feet to a 1/2" Iron Rod w /cap set for the northeast comer at the calculated northeast comer of said Trant first called 10 acre tract of land, same being the calculated northwest comer of a third called 10 acre tract as described in deed to Harold B. Trant recorded in said Volume 673, Page 672 (O. /D.R.G.C.T.); THENCE, S 01 °09'34" E, along the calculated line common to said Trant first called 10 acre tract and to said Trant third called 10 acre tract, continuing across and through said Joseph T. Robinson Survey, A -390, a distance of 659.97 feet to a 1/2" Iron Rod w /cap set for the southeast comer at the calculated southeast comer of said Trant first called 10 acre tract and at the calculated southwest comer of said Trant third called 10 acre tract, same being the calculated northwest comer of a fourth called 10 acre tract as described in deed to H. B. Wilson recorded in Volume 52, Page 336 (O. /D.R.G.C.T.), same also being. the calculated northeast comer of the aforesaid Trant second called 10 acre tract; THENCE, S 88 " 50' 1$ " W, along the calculated line common to said Trant first called 10 acre tract and to said Trant second called 10 acre tract, continuing across and through said Joseph T. Robinson Survey, A -390, a distance of 659.87 feet to the PLACE OF 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 rot outh right -of -way line of Highway 30 to True North by using GPS Methods. ..,.F -, F Q .r�•. s rF�_ P933 ACAD14 %DRA%MNG%GRMLFtTSACT1B.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 lot, tract, or parcel of land containing 0.81 of one acre of land situated in the JOSEPH T. ROBINSON SURVEY, Abstract 390, and being all of the southern part remainder of that certain called 17 acre tract of land described in deed to R. P. Trent recorded in Volume 215, Page 146 of the Official/Deed Records of Grimes County„ Texas (O.ID.R.G.C.T.); said 0.81 of one acre of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2° Iron Rod w /cap set for the northeast comer at the calculated northeast comer of said Trant 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 deed to Harold B. Trent, et al. recorded in Volume 221, Page 42 (O. /D.R.G.C.T.), same being a point in the calculated south right -of -way line of Highway 30, as occupied; THENCE, S 01 ° 09'42 " E, along the calculated line common to said R. P. Trent called 17 acre tract and to said Harold B. Trent called 44.43 acre tract (Lots 1, 2, and 3), across and through said Joseph T. Robinson Survey, A-390, a distance of 69.51 feet to a 1/2' iron Rod w /cap set for the southeast corner at the calculated southeast corner of said R. P. Trant called 17 acre tract of land and at the calculated northeast comer a called 20 acre tract as described in a deed to Harold B. Trent, et al. recorded in Volume 659, Page 346 (O.ID.R.G.C.T.); THENCE, S 88 ° 50 ' 18 " W, along the calculated line common to said R. P. Trent called 17 acne tract and to said Harold B. Trent called 20 acre tract and continuing with the calculated line common to said R. P. Trant called 17 acre tract and to the Larue Howell Henry called 8.5 acre tract as described in a. deed recorded In Volume 709, Page 137 (O. /D.R.G.C.T.), continuing across and through said Joseph T. Robinson Survey, A -390, a distance of 831.94 feet to a 1/2° Iron Rod w /cap set for the southwest comer at the calculated most southerly southwest comer of said R. P. Trant southern part remainder of the called 17 acre tract of land, same being the calculated southeast comer of a tailed i acre tract described in a deed to N. V. Deudiicek recorded in Volume 54, Page 416 (O. /D.R.G.C.T.); THENCE, N 01 ° 09 ' 42 - W, along the calculated line common to said R. P. 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 15.4+4 feet to a 1/2" Iron Rod w /cap set for the northwest corner at the calculated northwest comer of said southern part remainder of the R. P. Trant called 17 acre tract, same being a point in the aforesaid calculated south right - of-way line of Highway 30, as occupied; THENCE, N 65 ° 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. Trent southern part remainder Of the called 17 acre tract, continuing .across and through said Joseph T. Robinson Survey, A -390, a distance of 833.70 feet to the PLACE OF BEGINNING and containing 0.81 of one acre (35,340 square feet) of land, more or less, according to a survey performed on the ground in July, 2001, under the supervision of Horace Curtis Strong, Texas Registered Professional Land Surveyor No. 4961. North orientation is based on rotating the south right -of- way line of Highway 30 to True North by using GPS Methods. P933:ACAD141DRAW ING%GRMLFlTRACTMDOC EXHIBIT O'N' 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 Official/Deed 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 called 7 acre tract and in the calculated south line of a called 47.5 acre tract as described in deed to Harold B. Trant, 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 descriked in deed to Harold S. Trant recorded in said Volume 673, Page 672 (O./D.R.G.C.T.), same also being a point on the calculated most westerly south line of said Joseph T. Robinson Survey, A -390 and the calculated north line of the George Mason Survey, A-342; THENCE, S 01 9 09'42" E. along the calculated line common to said Lange .called 7 acre tract and said Trant called 568.359 acre tract, across and through said George Mason Survey, A -342, a distance of 635.29 feet to a 1/2" Iron Rod w /cap set for the southeast comer at the calculated southeast comer of said Lange called 7 acne tract and.at the calculated northeast comer of a called 5 acre tract as described in deed to B. Roman recorded In Volume 49, Page 260 (O./D.R.G.C.T.); THENCE, S 88 ° 50' 18 " W, along the calculated line common to said Lange called 7 acre tract and said Roman called 5 acre tract, continuing across and through said George Mason Survey, A -342, a distance of 365.00 feet to a 1/2" Iron Rod w /cap set for the southwest comer at the calculated southwest comer of said Lange called 7 acre tract and at the calculated northwest comer of said Roman called 5 acre tract, same being a point in the calculated east line of a called 10 acre tract as described in deed to S. Keller recorded In Volume 49, Page 237 (O. /D.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 called 10 acre tract continuing across and through said George Mason Survey, A -342, a distance of 835.28 feet to a 1/2" iron Rod w /cap set for the northwest comer at the calculated northwest comer of said Lange called 7 acre tract of land and the calculated northeast comer of said Keller called 10 acre tract, same being a point in the aforesaid calculated south line of the Trant called 47.5 acre tract, the aforesaid calculated most westerly south line of said Joseph T. Robinson Survey, A -390, and the calculated north line of the George Mason Survey, A -342; THENCE, N Be ° 50 ! 18 " E, along the calculated line common to said Lange called 7 acre tract, said Trant called 47.5 acre tract, said Joseph T. Robinson Survey, A -390, and said George Mason Survey, A-342, 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 based on rotating the south right -of -way fine of Highway 30 to True North by using GPS Methods. P933AW014W )RAWINGIGRMlF%T.MCn$.DW EXHIBIT W TRACT 26 2.38 ACRES OUT OF A CALLED 5 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 called 5 acre tract of land described in deed to B. Roman, et al. recorded in Volume 49, Page 250 of the Official/Deed Records of Grimes County, Texas (O. /D.R.G.C.T.); said 2.38 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 112" Iron Rod w /cap set for the northeast corner at the calculated northeast comer of said Roman called 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 49, Page 238 (O. /D.R.G.C.T.), same being a point in the calculated most northerly west line of a called 568.359 acre tract as described In deed to Harold B. Trent recorded in Volume 673, Page 672 (O. /D.R.G.C.T.); THENCE, S 01 °09'42" E, along the calculated line common to said Roman called 5 acre tract and to said Trent called 568.359 acre tract, across and through said George Mason Survey, A-342, a distance of 324.61 feet to a 112" Iron Rod w /cap set for the southeast comer at the intersection of said calculated line common to the Roman called 5 acre tract and to the Trent called 568.359 acre tract with the centerline of an existing Texas Municipal Power Authority (TMPA) power line; THENCE, along said centerline of the existing TMPA power line, across and through said -Roman called 5 acre tract and continuing across and through said George Mason Survey, A-342, the following courses: i.) N 78 °29'31" W, a distance of 78.59 feet to an existing power pole for angle; and, 2.) N 78 °28'15" W, a distance of 297.44 feet to a 1/2" Iron Rod w /cap set for the southwest comer at the calculated west line of said Roman called 5 acre tract and at the calculated most northerly east line of a remainder of a called 50 acre tract as described in deed to R. P. Trent recorded in Volume 221, Page 605 (O. /D.R.G.C.T.); THENCE, N 01 ° 09' 42 " W, along the calculated line common to said Roman called 5 acre tract and said R. P. Trent remainder of the called 50 acre tract and continuing along the calculated line common to said Roman called 5 acre tract and to the aforesaid Keller called 10 acre tract, continuing across and through said George Mason Survey, A -342, a distance of 242.44 feet to a 1/2' Iron Rod w /cap set for the northwest comer at the calculated northwest corner of said Roman called 5 acre tract of land and at the calculated southwest comer of the aforesaid Lange called 7 acre tract; THENCE, N 88 ° 50 ' 18 " E, along the calculated line common to said Roman called 5 acre tract and said Lange called 7 acre tract, continuing across and through said George Mason Survey, A -342, a distance of 365.00 feet to the PLACE OF BEGINNING.and containing 2.38 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, PM.ACAo74lDRAW ING%GRmLFl7RACT28.DOC . L 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 Official/Deed Records of Grimes County, Texas (O. /D.R.G.C.T.); said 9.94 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" Iron Rod w /cap set for the northeast comer at the calculated northeast comer of said Keller called 10 acre tract and at the calculated northwest comer of a called 7 acre tract as described in deed to M. Lange, et al. recorded in Volume 49, Page 238 (O:/D.R.G.C.T.), same being a point In the calculated south line of a called 47.5 acre tract as described in deed to Harold B. Trant, et al. recorded in Volume 673, Page 672 (O./D.R.G.C.T.), same also being a point in the calculated most westerly south line of said Joseph T. Robinson Survey, A -390 and the calculated north line of the George Mason Survey, A -342; THENCE, S 01 °09'42" E, along the calculated line common to said Keller called 10 acre tract and said Lange called 7 acre tract and continuing with the calculated line common to said Keller called 10 acre tract and of a called 5 acre tract as described in a deed to B. Roman, et al. recorded in Volume 49, Page 260 (O. /D.R.G.C.T.), continuing across and through said George Mason Survey, A -342, :a distance of 1013.89 feet to a 1/2" Iron Rod w /cap set for the southeast comer at the calculated southeast comer of said Keller called 10 acre tract and at the calculated most northerly northwest comer of a called 50 acre remainder tract as described in deed to R. P. Trant recorded In Volume 221, Page 605; THENCE, S 88 ° 50' 18 " W, along the calculated line common to said Keller called 10 acre tract and to said Trant 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 line; THENCE, N . 78 °28'15" W, along said centerline of the existing TMPA power line, across and through said Keller called 10 acre tract and continuing across and through said George Mason Survey, A -342, a distance of 147.13 feet to an existing power pole for angle point; THENCE, N 78 °22'32' W, continuing along said centerline of the existing TMPA power line, continuing across and through said Keller called 10 acre tract and continuing across and through said George Mason Survey, A -342, a distance of 2.52 feet to a 1 /2" Iron Rod w /cap set for the southwest comer at the calculated west line of said Keller called 10 acre tract and the calculated east line of a called 57 acre tract as described in deed to R. P. Trant recorded in Volume 193, Page 480 (O./D.R.G.C.T.); THENCE, N 01 ° 09'42 " W, along the calculated line common to said Keller called 10 acre tract and said Trant called 57 acre tract across and through said George Mason Survey, A -342, a distance of 981.01 feet to a 1/2" Iron Rod w /cap set for the northwest comer at the calculated northwest comer of said Keller called 10 acre tract of land and at the calculated northeast comer of said Trant called 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 line of the George Mason Survey, A -342; THENCE, N 88 ° 50' 18 " E, along the calculated line common to said Keller called 10 acre tract, said Wilson called 10 acre tract, said most westerly south line of the Joseph T.: Robinson Survey, A-390, and the north line of the George Mason Survey, A -342, then continuing along the calculated line common to said Keller called 10 acre tract, the aforesaid Trant called 47.5 acre tract, said most westerly south line of the Joseph T. Robinson Survey, A -390, and the north line of the George Mason Survey, A -342, a distance of 429.44 feet to the PLACE OF BEGINNING and containing 9.94 acres of land, more or less, according to a survey performed on the ground in July, 2001, under the supervision of Horace Curtis Strong, Texas Registered Professional Land Surveyor No. 4961. North orientation is based on rotating the south right -of -way line of Highway 30 to True North by using GPS.Methods. Pe3V"D1 1DwVM00V& t rVZW.D=