Loading...
1982V546P224 TO 4. 24535G /1 -49 - ock._..�r;f SURFACE WAIVER 10, COUNTY OF BRAZOS § § B, STATE OF TEXAS RAINTREE DEVELOPMENT JOINT VENTURE, a joint venture com- posed of EDWIN W. SCHULTZ , M. L. CASHION and BRYCO, INCORPORATED, (hereinafter referred to as "joint venture" ) , the owner of the mineral interests under all that certain tract or parcel of land lying and being situated in Morgan Rector League in Brazos County, Texas , being all of those certain three tracts or parcels of land called "Tract 1" ( 3. 56 acres) , "Tract 2" ( 2. 44 acres) and "Tract 3" ( 1. 10 acres ) being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof for all purposes , does hereby waive any and all rights of ingress and egress which said joint venture , its successors or assigns may have to go upon the surface estate of said property for purposes of exploring, mining , drilling and or producing oil , gas or other minerals including without limitation lignite and sulphur from said property nor will said joint venture allow said property to be designated for such purposes . This waiver of surface rights is subject to the terms of any existing outstanding oil and gas lease and this waiver is made in connection with that certain Gift Deed dated July 8 , 1982 and recorded in Volume 527,Page 83 of the ,Deed Records of Brazos County, Texas . EXECUTED this the a'4=' day of November, 1982. RAINTREE DEVELOPMENT JOINT VENTURE i., , . • � / E DYd I N W. SCHULTZ Aior. M. L. CA 6 ON Bryco, Incorporated .`��;t L fL. Att4'st /� By: a r, BUTLER, Presiden - 51 . ,221 i13 .2 AMU-y(# PACE4,14. p� THE SATE OF TEXAS § § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, on this day personal- ly appeared EDWIN W. SCHULTZ and M. L. CASHION dba RAINTREE DEVELOPMENT JOINT VENTURE, known to me to be the persons whose names are subscribed to the foregoing instrument , and acknowledged to me that they executed the same for the purposes and considera- tion therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 2nd day of November , 1982. No ry Public in and for the State of Texas My commission expires June 6, 1985 GLENDA 0. GARON Printed Name of Notary STATE OF TEXAS § § COUNTY OF BRAZOS § BEFORE ME, the undersigned , a Notary Public in and for said County and State, on this day personally appeared R. W. BUTLER, President , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said BRYCO, INCORPORATED, a corpora- tion dba RAINTREE DEVELOPMENT JOINT VENTURE, and that he executed the same as the act of such corporation for the purposes and con- sideration therein expressed, and in the capacity therein stated . ,�, GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 2nd A ''November day r:r-- ----- 19 8 2. • Notary Public in and o the State of Texas My commission expires : June 6, 1985 GLENDA 0. GARON Printe. Name o Notary 0.11111 0 FIELD NOTES t, OF A 3.56 ACRE TRACT MORGAN RECTOR LEAGUE ABSTRACT 46 Pt. BRAZOS COUNTY, TEXAS " TRACT 1 " Field notes of a 3.56 acre tract or parcel of land, lying and being situated in the Morgan Rector League, Abstract 46, Brazos County, Texas and being a portion of a 112.11 acre tract conveyed to E.W. Schultz, M.L. Cashion, and Bryan, Inc. dba Raintree Development Joint Venture by Property Investments - Venture I, by deed recorded in Volume 367, page 61 of the Deed Records of Brazos County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the East corner of Lot 4, Block 6 Raintree - Phase 3 and addition to the City of College Station, Texas, plat of said addtion being recorded in Volume 419, page 41 of the Deed Record of Brazos County, Texas, same lying on the Northwest Right-of-Way line of Wilderness Drive; THENCE N 39° 29' 47" W along the Northeast line of said Lot 4, Block 6, Raintree-Phase 3, continuing along the Northeast line of lots 31 ,30,21 ,20,11 and' IO, Block one Raintree-Phase 2 for a total distance of 949.40 feet to an iron rod for corner; THENCE N 42° 26' 57" E for a distance of 168.67 feet to an iron rod for corner; THENCE S 39° 29' 47" E for a distance of 885.69 feet to an iron rod for.,corner same lying on the Northwest Right-of-Way line of Wilderness Drive; THENCE S 12° 23' 05" W along the Northwest line of Wilderness Drive for a distance of 52.17 feet to the beginning of a curve to the right THENCE Southwesterly along said curve to the right for an arc distance of 138.97 feet, (Curve Data: central angle = 28° 57' 18", Radius Tangent= 71 .01 feet, the chord bears S 26° 51 ' n faSce.of 137 . to the PLACE OF BEGINNING and containing 3. 56 acres, mor orlesSe of 137 .50 feet) • EXHIBIT "A" r 2 , G VOLSWGPAGE 470 FIELD NOTES OF A 2.44 ACRE TRACT • MORGAN RECTOR LEAGUE ABSTRACT 46 BRAZOS COUNTY, TEXAS " TRACT 2 " Field notes of a 2.44 acre tract or parcel of land, lying and being situated in the Morgan Rector League, Abstract 46, Brazos County, Texas and being a portion of a 112.11 acre tract conveyed to E.W. SCHULTZ, M.L. CASHION, and BRYAN, INC. , dba Raintree Development Joint Venture by Property Investments - Venture I, by deed recorde in Volume 367 ,page 61 of the Deed Records of Brazos County, Texas. Said 2.44 acre tract being all that tract designated or Easement Reserve Tract 2 on the final plat of Raintree - Phase 4, plat of said addition being recorded in Volume 474, page 781 ofthe Deed Records of Brazos County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron rod lying on the Northwest Right-of-Way line of South Wilderness Drive,same being the East corner of Lot 1 , Block 5, Raintree-Phase 3 , plat of said addition being recorded in Volume 419, Page 41 of the Deed Records of Brazos County, Texas; THENCE N 39° 29' 47" W along the Northeast line of Lots 1 ,4, 5, 6, & 10, all • in Block 5, Raintree-Phase 3 for a total distance of 620.72 feet to an iron rod for corner, same lying on the southeast Right-of-Way line of North Wilderness Drive; THENCE Northeasterly along the Southeast Right-of-Way line of North Wilderness Drive for the following calls: N 41° 20' 23" E for a distance of 8.07 feet to the Beginning of a curve to the left; along said curve to the left for an arc distance of 164.24 feet to the end of said curve, (curve Data: central angle 28°57' 18", Radius 3250 feet , Tangent- 83.92, the chord Bears N 26° 51 ' 44" E for a distance of 162.50•feet) ; N 12° 23' 05" E for a distance of 4.04 feet to an iron rod for corner, same being the west corner of Lot 14,Block 4, Raintree-Phase 4; THENCE S 39° 29' 47" E along the Southwest line of Lot 14, through Lot 1 , Block 4, Raintree-Phase 4 for a total distance of 729.90 feet to an iron rod for in corner, same lying on the Northwest Right-of-Way line of South Wilderness Drive; THENCE Southwestely along the Northwest Right-of-Way line of South Wilderness Drive for the following calls; S 67° 08' 59" W for a distance of 83. 20 feet to the beginning of a curve to the left ; along said curve to the left for an aic distance of 82.05 feet, (curve Data S 8ears 2.05 l3anle 100 11 ' 26"; Radius - 461 .35, Tangent- 41 . 14 feet, 14" W for a distance of 81 .95 feet) to the PLACE OF BEGINNINGchand ord containin g 2.44 acres of land, more or less. — - VMS-44, PE 22 IIS a\ FIELD NOTES OF A 1.10 ACRE TRACT MORGAN RECTOR LEAGUE ABSTRACT 46 BRAZOS COUNTY, TEXAS " TRACT 3" Field notes of a 1 .10 acre tract or parcel of land, lying and being situated in the Morgan Rector League, Abstract 46, Brazos County, Texas and being a portion of a 112.11 acre tract conveyed to E.W. SCHULTZ, M.L. CASHION, and BRYAN, INC. dba Raintree Development Joint Venture by Property Investments - Venture I, by deed recorded in Volume 367, Page 61 , of the Deed Records of Brazos County, Texas, said 1 . 10 Acre Tract being all that tract designated as Easement Reserve Tract 1 on the final plat of Raintree-Section Four, plat of said addition being recorded in Volume 474, page 781 of the Deed Records of Brazos County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the east corner of Lot 1 , Block 4, Raintree-Phase 3, an addition to the City of College Station, Texas, plat of said addition being recorded in Volume 419, page 41 of the Deed Records of Brazos County, Texas; THENCE N 39° 29' 47" W along the Northeast line of Lots 1 ,2,3, & 5, all in Block Four of Raintree Phase 3 for a total distance of 331.26 feet to an iron rod for corner, same lying on a curve on the Southeast Right-of-Way line of Wilderness Drive; THENCE Northeasterly along said curve on the Southeast Right-of-Way line of Wilderness Drive for an arc distance of 67.50 feet to the end of said curve, (Curve Data: Centra angle •, 9° 24' 06", Radius 411 .34 feet, Tangent.. the Chord Bears N 62 26' 53" E for a distance of 67.42 feet) ; g 33.83 feet THENCE N 67° 08' 59" E continuing along the Southeast Right-of-Way line of Wilderness Drive for a distance of 91 .29 feet to the beginning of a curve to the le THENCE Northeasterly along said curve to the left for an arc distance of 6.84 fe- et to an iron rod for corner, Radius 371 .50 feet ; Tangent (Curve Data: Central angle- 1° 03' 19", for a distance of 6.84 feet) 3.42 feet, the Chord bears N 66° 37 ' 35" E same also being the west corner of Lot 3, Block One Raintree-Phase Four; , THENCE S 39° 29' 47" E along the Southwest line of lots 3,2, & 1 all in Block 1 Raintree - Phase 4 for a total distance of 264. 15 to the South corner of said Lot 1 , Block 1 for corner; THENCE S 41° 14' 32" W for a distance of 101 .31 feet to an iron rod for angle point; THENCE S 42° 09' 33" W for a distance of 60.65 feet to the PLACE OF BEGINNING_ and containing 1 .10 acres of land, more or less. 4 UG 228