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1983V588P242 LI GC! .., SUBORDINATION OF MINERAL INTEREST, ESTATE, ROYALTY, WORKING INTEREST OR RIGHT OR ENTITLEMENT TO MINERALS OR PRODUCTION TO PUBLIC RIGHT-OF-WAY STATE OF TEXAS * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS * That the undersigned mineral owners, (whether of the mineral estate, royalties, a working interest or a fraction thereof under existing leases, or by working agreements, farm-outs, or other joint operations or investment agreements, or other rights or entitlements to minerals or production, ) for and in consideration of Ten and No/100 ( $10.00) Dollars, cash, in hand paid, receipt of which is hereby acknowledged; HAVE SUBORDINATED, and do hereby SUBORDINATE their respective surface rights and interests in and to the property described on Exhibit "A" attached hereto, being a public right-of-way; to the rights of the City of College Station, which shall hereafter be superior to the rights of the undersigned within said right-of-way; to secure to the City of College Station the unrestricted right to construct and maintain the public improvements described herein free of any subservience to the interest of the undersigned. This document shall not modify or affect the scope or extent of the rights to surface use, ingress or egress, of the undersigned, except as to the City of College Station. EXECUTED this Qa114day of natdk , 19 g3. _41- 2-L?.,______ JUL 131983 M. W. DOWLING FRANK"BORISKIE dk Countkekeig ankottbintli Morale v _ JENNIE MARIE DOWLING ') ....., Lite a,:r32(a. u_7209955 /__ / �5 ; 242 - yam : r ( ' r/'fi l�.CirfC� ____ _7„.„-,;. - '---74--�''� .) Joint Acknowledgement The State of Texas * County of Brazos * This instrument was acknowledged before me on , 1983 by M. W. DOWLING and wife, JENNIE MARIE DOWLING. Notary Public . s Fly ComMissionI Expires : C.`^ -4?:-14: ,9o4 Cor,sc,. • , ; s Surety Corp. AlotrePAGe.113.. � 1 • PARCEL 28 EXHIBIT "A" Being a strip of land 15 feet wide for a permanent public utility easement situated in the Robert Stevenson League, Abstract 54, Brazos County, Texas, in two 10 acre tracts of land conveyed to Carl W. Matthews and wife, Elaine K. Matthews in Volume 531, Pages 381 and 384, respectively, of the Deed Records of Brazos County, Texas, and being more particularly described as follows: BEGIN at an iron pin in the existing west right-of-way line of State Highway 6, said iron pin also being in the common eastern corners of said Matthews tract and a 247.458 acre tract conveyed to .�.�.3�oscvall �� ` --: Porter, et al by deed recorded in Volume376, Page 148''of the Deed Records of Brazos County, Texas; Thence Southwest, 110 feet along the common property line between said Matthews and Porter tracts to the POINT OF BEGINNING of this DESCRIPTION; THENCE S 49° 24' 36" E, 409.6 feet along a line coincident with the future west right-of-way line of State Highway 6 to a point in the common property line of said Matthews tracts and a 5 acre tract con- veyed to Patrick Farrell and wife, Marguriette Farrell, in Volume 383 Page 223 of the, Deed Records of Brazos County, being Texas , said point also southwest 109 feet from an iron pin in the existing west right- of-way line of State Highway 6 and the common property corners between said Matthews and said Farrell tracts; Thence Southwest, 15 feet alon the common property line of said Matthews and Farrell tracts to a E point; THENCE N 49° 24' 36" W 409.6 feet along a line parallel with and 15 feet west of the aforesaid future west right-of-way line of State Highway 6 to a point in the common property line o8 said Matthews and Porter tracts; THENCE Northeast 15 feet along the common property line between said Matthews and Porter tracts to the; POINT OF BEGINNING of this 1 DESCRIPTION. An additional easement for construction (1) year from the date hereon said cor tructios is granted ng one str 50-foot wide strip of land ution easement being for whose western boundary is coincident with the western boundary of the aforesaid permanent easement. IotaZIPA GICOOMMIK A/1/9rThc=w) r `' FILED JOINT UTILITY EASEMENT (Specific Property) WELLBORN WATER SUPPLY CORP. AND J U L 1 3 1BL CITY OF COLLEGE STATION FRAPIK WA S M STATE OF TEXAS 209,961 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS * n=6 _ _.: -/3 3 THAT, CARL W. MATTHEWS and wife, ELAINE K. MATTHEWS, GRANTORS, of the County of Brazos, State of Texas, for and in consideration of the payment of TEN AND NO/100 DOLLARS, cash, and other good and valuable consideration, in hand paid to GRANTORS by the City of College Station, Texas, the receipt of which is hereby acknowledged, HAVE GRANTED, SOLD, AND CONVEYED and by these presents do GRANT, SELL, and CONVEY unto the said City of College Station, a Texas Municipal Corporation certain rights and interests in the nature of an EASEMENT on and through the following described property: Being two 10 acre tracts situated in the Robert Stevenson League, Abstract 54, in Brazos County, Texas, conveyed to Carl W. Matthews and wife, Elaine K. Matthews, recorded in Volume Allaninefettiof the Deed Records of Brazos County, Texas . Provided however, that this conveyance shall grant the rights herein specified only as to that portion of the above described property more particularly described by course, width, and centerline on the attached Exhibit "A" , known as the "Easement Area" . To erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, and remove the following: Underground 9 public utilities, including water and sewer upon, over, and across said property as herein described and any ways, streets, roads, or alleys abutting same; and to cut, trim and control the growth of trees and other vegetation on and in the easement area or on adjoining property of Grantor, which might interfere with or threaten the operation and maintenance of any public utility equipment, accessories, or operations . Grantors expressly subordinate all rights of surface use incident to the mineral estate to the uses of said surface by Grantee. TO HAVE AND TO HOLD the rights and interests herein described unto the CITY OF COLLEGE STATION, TEXAS, and its succesors and assigns forever, and GRANTORS DO hereby bind themselves, their heirs and assigns to warrant and forever defend, all and singular, these rights and interests unto the CITY OF COLLEGE STATION, TEXAS, and its successors and assigns, against every person whomsoever lawfully claiming, or the claim same, or any part thereof. FIRST NATIONAL BANK OF HAMILTON JOINS IN AND CONSENTS TO THIS EASEMENT AS FIRST LIEN HOLDER. EXECUTED this 1,3 day of j,N/ /pc- 19 N . FIRST NATIONAL BANK 14 OF HAMILTON ' CARL MATTHEWS / Ateio,) h( - �Z. EL* INE K. MATTH L S 1�/ C,e cf_. Approved as to Form This Document may not be changed without re-submission fpx approval . Low 11 F. Deet n J Individual Acknowledgment State of Texas * County of Brazos * This instrument was acknowledged before me on by CARL W. MATTHEWS and wife, ELAINE K. i • MATH S. 47, Title • My commissi•n expires : a,;`z Corporate Acknowledgment State of Texas * County ofp * HAMILTON: This instrument was acknowledged before me on ‘dune 3.3th, 1983 by Vernon Dungan --E ,�ldent. s of FIRST NATIONAL BANK OF HAMILTON, as Te as corporation, on behalf of said corporation. Title A. Cashier • , ' My Commission Expires: August 5, 1985 ficz2 I Prepared by the State Bar of Texas for use by lawyers only. Reviewed 1-1-76. PARTIAL RELEASE OF LIEN THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS THAT the undersigned, of the County of BRAZOS , and State of Texas, the present legal and equitable owner and holder of that one certain promissory note in the original principal sum of TWENTY-FIVE THOUSAND AND NO/100 Dollars ($ 251000.00 ) dated March 24, 1982 , executed by Carl W. l;atthews and wi fo, Elaine K. Matthews payable to the order of il.._.i(,._.uo�clln.q..i3t��i_'t�i fe,._Ale nnj c "ui i e D,; l i no more fully described in a Deed of Trust , duly recorded in Vol 336 page 425 of the Deed of Trust Records of Brazos County, Texas; said note being secured by said Deed of Trust against, AMONG OTHER PROPERTY, the following described property, to-wit: Being all of that tract of parcel of land described on Ehxibit "A" attached hereto which is incorporated herein for all purposes . FILED At J b O'clock M Date T1c 3zdecl—r--• JUL 131983 269958 FRANK BORISKIE County Clortis WOO CMTs nais By—igm—yd-1-43"6-44urt for a good and valuable consideration paid to the undersigned, the receipt and sufficiency of which is hereby acknowledged, hereby RELEASES and DISCHARGES the above described property from said lien or liens. BUT it is expressly agreed and understood that this is a PARTIAL RELEASE and that the same shall in no wise;release, affect or impair said lien or liens against any other property in said instrument mentioned. EXECUTED thisd")( -0.-J--- day of , A.D. 19.8 7n, '.14 BSP M. W. DOWLINGpstnE �� /5))1;14 J1.NNIE MARIE DOWLING l; �' `, � 19 • ♦ , s PARCEL 28 EXHIBIT "A" Being a strip of land 15 feet wide for a permanent public utility easement situated in the Robert Stevenson League, Abstract 54, Brazos County, Texas, in two 10 acre tracts of land conveyed to Carl W. Matthews and wife, Elaine K. Matthews in Volume 531, Pages 381 and 384, respectively, of the Deed Records of Brazos County, Texas, and being more particularly described as follows: BEGIN at an iron pin in the existing west right-of-way line of State Highway 6, said iron pin also being in the common eastern corners of said Matthews tract and a 247.458 acre tract conveyed to E. Boswell Porter, et al by deed recorded in Volume 376, Page 148 of the Deed Records of Brazos County, Texas; Thence Southwest, 110 feet along the common property line between said Matthews and Porter tracts to the POINT OF BEGINNING of this DESCRIPTION; THENCE S 49° 24' 36" E, 409.6 feet along a line coincident with the future west right-of-way line of State Highway 6 to a point in the common property line of said Matthews tracts and a 5 acre tract con- veyed to Patrick Farrell and wife, Marguriette Farrell, in Volume 383, Page 223 of the. Deed Records of Brazos County, Texas , said point also being southwest 109 feet from an iron pin in the existing west riaht- of-way line of State Himyan said Matthews and said Farrell tracts; Thence Southwest 15 f on property corners between the common property line of said Matthews and Farrell tracts totaalong point; THENCE N 49° 24' 36" W 409.6 feet along a line parallel with and 15 feet west of the aforesaid future west right-of-way line of State Highway 6 to a point in the common property line of said Matthews and Porter tracts; • THENCE Northeast 15 feet along the common roperty Matthews and Porter tracts to the ; POINT OFpBEGINNINGlne of this said DESCRIPTION. An additional easement for construction (1) year from the date hereon, said constructions is granted beingnane 50-foot wide stripstruction easement a of land whose western boundary is coincident with the western boundary of the aforesaid permanent easement. • ,V7/9/77l-w› • •