Loading...
1979V437P192 /ten , . G VOL`I/PAG 192 RIGHT-OF-WAY EASEMENT • STATE OF TEXAS KNOW ALL MEN' BY THESE PRESENTS • COUNTY OF • . That_ Virginia S . So . ,hereinafter called Grantors, for a goodand valuable cthe receipt of which is hereby acknowledged, do 'consideration, grant unto the City,of Bryan, Texas, a municipal corporation, hereinafter called the Grantee, and to its , successors or assigns, a perpetual easement with the right to enter upon the lands of the undersigned, situated in_____.Brazos County, Texas, and more particularly described as follows: Volume 418, Page 113 Deed Records Brazos County Court: House • ' - 7 A E b Op'fR RECORDED-10---21-(- 'EC4RDE9-1 r r y , .... OCT 6 979 �,i:•., I�.�.:,f..�(ll#rt � '3t�j ,'fl!`� 1rt,..r� 2 1 �:. I �i.. t i 1 _• ,SSI );' ,, i .,�4 FRANK BORISKI6 and to erect, construct and.'i'natpllganfl thereafter uAe; oikernte,f inoPectf repalr, maintain, rep ase, r - "L-- construct or remove an electric.transmission hntE ori distribution ;on,.or Across the above described lands and/or in or upon all streets, roads, or highways abutting said lands; and:to cut, trim and control the growth of trees and shrubbery located within ten feet of the centerline of said line, or that may interfere with or threaten to endanger the operation and maintenance of said line. The Grantee herebyagrees that once said line is constructed the right-of-way shall become perma- nentiy fixed and the course and location of said right-of-way shall not be changed without the consent of the Grantor, . The Grantors agree that all poles, wires and other facilities installed on the above-described lands at the Grantee's expense shall remain the property of the Grantee, removable at the option of the Grantee. Said Grantors covenant that they are the owners of the above-described lands and that they have lawful authority to convey said easement for the purposes herein expressed. IN WITNESS WHEREOF the said Grantors have executed this instrument this li �� day of---C2,24-d•-.4-1-------, 19> J • STATE OF TEXAS �Z \, COUNTY OF '. ' n. 4 ...''',(9Y. P ,fore me, the undersigned authority, on this day personally appeared L. V.0;.'4—'''tr i',� � 4‘41121----) ,known to me to be the person whose name is subscribed to h : r• c he) ,i egging instrument and acknowledge to me that he executed the same for the purposes and `9psiuI utipzlL therein expressed. oli. 1/,,,,,\A 1.-grey under my hand and seal of office this the a !, day of , 19 7J • ',Q it, .r601,..yi.:64.2.4._ ,, ;\ , No r Public, County, Texas. • STATE OF TEXAS . COUNTY';OF. , , Before,me, the undersigned authority, on this day personally appeared • ,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that he executed the same for the purposes and ; .. i` consideration therein expressed. Given under my hand and seal of office this the 'day of , 19. , e Rotary Public, County,.Texas .;.,..c...44,44-;;Az., yWv ?,v'�'Aw7f .. je i 1 r t`'rt .,'}1�'fi s :'-'1,,44:.'z4,e— �u t r Y^ tom[. ' .A i iTr ,.'^> 4 }w , ' ,..f <`. f4 ', .. o ,!, ,,' .. N 00x 4/l�,n� /13 !r. DAT . RECORDED �l �'7 At.L_—.O clock- P,1 1 ''l , .., STATE OF TEXAS 1 S 96FEB 161979 'w. 2. COUNTY OF BRAZOS FRANK GCi;ISKIE r; WITH___VENDOR'S Cour} Clerk,Q ;._ s'•� - ' yan,Texas WARRANTY DEEDWill.g.0' LiZh ENDOR'S LIEN KNOW ALL MEN BY THESE PRESENTS: That I, MARY 'CECILIA CHRISTY, a feme sole, of the '.•c, County of Brazos, State of Texas, for and in consideration of the sum of TEN NO/100 DOLLARS ($10. 00) and other good and valuable consideration to me 1 , paid, and secured to be paid, by VIRGINIA SPARKS, dba BEA UTI-TURF OF BRYAN/COLLEGE STATION, CASH IN HAND PAID, the I receipt of which is I hereby acknowledged, and the further consideration of the sum ,. of $63, 036. 00 as is evidenced by the execution and delivery byGrantee e of her one certain Vendors Lien wraparound mortgage note in said sum of $63, 036. 00, of even date herewith and bearing interest from date until maturitytheI • at rate speci- i `�� fied therein, payable to the order of MARY CECILIA CHRISTY as follows: One certain promissory note for the principal sum of $63, 036. 00 executed by 4:,i I . Grantee and payable to the order of Grantor as stated therein. Said note pro- vides for accelerated maturity and the usual 10% collection fees in case of �'. de- f ;Y' fault in any payment on moneys on said installments or note. Said note is ,f• further and additionally secured by a Deed of Trust of even date herewith from • =. Grantee to Sara Jones, Trustee, for the benefit of Grantor co '• vering the here- `�� inafter described property. f I HAVE GRANTED �; , SOLD and CONVEYED, and by these presents do I 1. ,Y GRANT, SELL and CONVEY unto the said VIRGINIA SPARKS dbBEAU TI a R. . {,.. e TURF OF BRYANYCOLLEGE STATION, of the Countyof Brazos,azos, State of Texas, subject to the exception and reservation by Grantor of all of the oil, gas and other minerals and to the other terms and provisions hereinafter co }. n- tained, the following described land in Brazos Count Texas: exas: • VOLaP 1.3 1 E. �f aR v+f� f n f -,•,‘',1,.!. r V4.a r �. ry t�t- y. Y t ; . .. )'...r. .iL :?. V, :P t.im<I.Lie ro:td{.. r•...51.E - :ta,.. ti 7 •1 3,a S `�` , t • Being all that certain tract or parcel of land situated in the S. W. Robertson League, Brazos County, Texas, and being 20. 600 acres more particularly described as follows,: This tract of 20. 600 acres of land ih the S. W. Robertson League in Brazos County, Texas, is a part of a 93. 75 acre tract of land conveyed to R. W. Butler by B. F. Swindler. Said 93. 75 acre tract being the same land conveyed to B. F. Swindler by Birdie Beatrice Hrdlicka by deed dated February 13, 1946, recorded in Volume 123, page 497, Deed Records of Brazos County, Texas. The said 20. 600 acre tract being more particularly described by metes and bounds as follows: BEGINNING at an iron rod at the intersection of the Southwest right of way line of State Highway No. 6 and the Southeast right of way line of Wellborn Road. This point also being the most Northerly corner of the said 93. 75 acre tract; THENCE S 45deg. 41' East along the Southwest right of way line of State Highway No. 6 a distance of 785. 95 feet; THENCE S 45 deg. 32' East continuing along the said line of State Highway No. 6 a distance of 461. 11 feet; THENCE S 45deg. 37' East continuing along the said line of State Highway No. 6 • a distance of 411. 81 feet to an iron rod for the point of beginni\ g of this 20. 600 acre tract of land; THENCE continuing S 45 deg. 37' East with the said line of Sta e Highway No. 6 a distance of 311. 11 feet to an iron rod for corner; THENCE S 54 deg.36' West through the said 93. 75 acre tract a distance of 1404. 97 feet to an iron rod for corner; THENCE N 88 deg.55. 6' West a distance of 658. 55 feet to an iron 'rod for corner in the East line of the public road; THENCE N 1 deg. 04. 4' East with the said public road a distance of 653. 86 feet to an iron rod for corner; THENCE S 88 deg. 55. 6' East through the said 93. 75 acre tract a distance of 444. 48 feet to an iron rod for corner; THENCE S 35 deg. 24' East a distance of 248. 51 feet to an iron rod for corner; THENCE N 54 deg. 36' East a,distance of 1115. 76 feet to a point for beginning, containing 20. 600 acres of land more or less. SAVE and EXCEPT, however, and there is expressly reserved to Grantor herein, her heirs, successors and assigns forever, all oil, gas, coal, sulphur and other minerals of every kind or character (whether similar or dissimilar) in, on, or that may be produced from the said land hereinabove described and every part thereof, together with the full right of ingress and egress over, upon'and across said property for the purpose of exploring for (including, but not by any way of limi- tation, seismographic exploration) any such minerals and for drilling wells, mining or producing the same and for storing and removing the same when so mined or pro- duced. • • r jv i 1 It is specifically stipulated and understood by both Grantor and Grantee herein that there is of record and unreleased that certain indebtedness dated July' 20, 1971, from FOREST ROBERT CHRISTY and wife, MARY CECILIA CHRISTY to RANCHO, INC., being in the original x g' principal sum of Twenty Thousand and No/100 Dollars ($20, 000. 00) payable in annual installments of Two Thousand One Hundred Ninety-Six and No/100 Dollars ($2, 196. 00), said ` ` F note additionally secured by a Deed of Trust thereon recorded In Volume 153, •� page 277 of the Deed of Trust Records of Brazos County, Texas; current principal balance is $13, 111. 00. 4 The immediately above described prior lien note does not constitute -' any part of the consideration for the purchase of the property set out herein °4. and Grantee is not assuming said note nor taking the property "subject to" the lien securing said note, but Grantee only acknowledges that the lien securing said note exists of record at the date of this conveyance. ; Y Grantorspecifically :, - ';,- 4.., tt agrees to pay said note as it becomes due (no later than its maturity date, thereby keeping same current and not in default) and to pay same in full no fr. , ps. later than the date when the wrap-around mortgage note set out herein.execute r:: by the Grantee, payable to the order of Grantor, is paid in full. In the event T: ., there is default in the payment of said prior lien note set out above and/or in ;NI 3A�b the terms and °' conditions of the lien instrument securing same, then the owner I k. }' of the herein described property may correct said default or defaults, and the 'j amount of any funds expended in such correction shall be considered a � P aYment .y x'<. on the note above set out executed by Grantee herein, and anypaymentti ,: so mad ,, �, c} and expenses incurred and paid shall be credited on the said 'wrap-around mortgage note. • f�• y , Grantor agrees that annually, Grantor will furnish copies of records and/or cancelled checks or receipts showing that the payment "` on the lien: des- ',3;'° cribed above in favor of RANCHO, 4 INC. or its assigns has been made in a z timely fashion by Grantor. • A44 4r: von. /s PA"r 11 ' 5 -3.. :. A •.r7i 7! ,,, "4 Srf F, �1 ' ',j b • • i *!- P:t,, hc . , w s^r 1• x , ,,,,., ,,,.,,,„,A1,, . rE 4'" , 6 J '•isle. 1 a+`�t1,-t..`fid`' i4' . ��.: r4. � at ,,,f. . 1'r' rt, ti • V©L � PAGE This conveyance is made subject to all valid. and subsisting easements, conditions, exceptions, and reservations of whatsoever nature of record, in- cluding, but not limited to an undivided 202/17, 616th of all the oil, gas and other minerals in, on and under said land reserved in deed from Edward W. Wickes, et al, to J. E. Marsh, dated April 28, 1940, recorded in Volume 103, page 279, Deed Records, Brazos County, Texas, and subject to oil and gas lease from Mary Cecilia Christy to Cayuga Exploration, Inc. dated April 28, 1978, and recorded in Volume 33, page 19, Oil & Gas Records, Brazos County Texas (5 year term). All covenants contained in this deed shall constitute covenants running with the land hereby conveyed. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said VIRGINIA SPARKS dba BEAUTI-TURF OF BRYAN/COLLEGE STATION, 'her heirs and assigns forever, and I do hereby bind myself, my << successors and assigns, to WARRANT AND FOREVER DEFEND, all and sin- ' gular the said premises unto the said VIRGINIA SPARKS, her heirs and as- signs, against every person whomsoever lawfully claiming, or to claim the . same, or any part thereof. But it is expressly agreed and stipulated that the Vendor's Lien is °x retained against the above described property, premises and improvements until the above described note and all interest thereon are fully paid according to its face and tenor, effect and reading, when this deed shall become absolute ;t WITNESS our hands at College Station, Texas, this the ( s. day of C-41–SL"."6—\ , 19�9. / �. \ ' All • MARY CECILIA CHRISTY • aj. y `1 �Cy7 H.k'(it�,1�x i1 J i e �yl $ • 1.$' ti'' ir1 it.",' S 4 l lr f 1, Zr rl,s."'' .4''^'ithF a • r r1 S t { A •1� •_ STATE OF TEXAS COUNTY OF BRAZOS r BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared MARY CECILIA CHRISTY, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and con- sideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the J �- day of , 1979: • • „_,Q,-,....__ • ' : .! ` Notary Public in and for Bra osc o my, Texas .3•r ,,- is A. t.: t' .. • Irl • • X•• • t. • •t ,PAr4r I f1.