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1985V829P497 337076 . „E 1965OCT —, PM2: 42 CORRECTION DEED • BRA r,�y J CAUIl Lux THE r FY C�,tnT '{ THE STATE OF TEXAS ) UY Ic;{RS 44 u KNOW ALL THESE MEN BY THE, COUNTY OF BRAZOS That I, HELEN MATOUS, duly appointed Attorney in Fact for HATTIE B. KAPCHINSKI , surviving spouse of F.S. KAPCHINSKI , de- ceased, GRANTOR, of the County of Brazos, State of Texas , for and in consideration of the sum of TEN AND NO/100 ( $10. 00 ) DOLLARS in hand paid by the GRANTEE herein named, the receipt of which is hereby acknowledged , has CONVEYED, and by these presents does CONVEY, unto the CITY OF COLLEGE STATION, a Texas Municipal Corporation, GRANTEE, of the County of Brazos, State of Texas, all of my right, title, and interest in and to all that certain lot, tract or parcel of land lying and being situated in Brazos County, Texas, and being more particulary described as follows, to-wit : Beginning at a point in the East R.O.W. line of the State Highway 6 Eastern By-Pass said point being S 11 ° 58 ' 30" E 652. 6 feet from a point of intersection in said R.O.W. line at Station number 605+00; said point in the South property line of the F.S. Kapchinskia85oaccreng tract out of the Morgan Rector League, as described in Volume 62, Page 422 of the Brazos County Deed Records . Thence N 42 ° 29' E a distance of 1192.4 feet to an iron rod for a corner, said point also being described as the most northerly corner of the F. J. Matous 10 acre tract as described in Volume 261, Page 629 of the Brazos County Deed Records. Thence N 47° 31 ' W a distance of 30 feet to a point for a corner . Thence S 49° 29 ' W a distance of 1171. 0 feet to a point, said point being in the East R.O.W. line of the State Highway 6 East By-Pass . Thence S 11 ° 58' 30" E along said R.O.W. line a dis- tance of 36. 87 feet to the place of beginning and containing 0. 814 acres of land more or less ; SAVE AND EXCEPT, and there is hereby reserved unto GRANTOR, her heirs, executors, and administrators, all of the oil , gas and other minerals in and under and that may be produced from the above property; provided that there shall never in many event be any ingress or egress on or across the surface of the above de- scribed premises for the purposes of exploration, development, production or transportation of such oil, gas or other minerals; - 1 - A /3.---<7° vo 8'?,,9r1,E 49`7 it being expressly contemplated by the parties to this instrument that any production of such minerals shall be from the surface of other adjacent property. GRANTOR shall have the right of ingress__ and egress at all times only for the purpose of accessing adja- cent property for the development of said lands for oil , gas and other minerals and removing the same therefrom. There shall be no development of any minerals that would require mining, shaft mining , pit mining , or any other kind of mining that would re- quire utilization of the surface . GRANTOR may pool such mineral interests for development with adjacent parcels. GRANTOR does not reserve and expressly conveys to GRANTEE any and all minerals of whatsoever kind and nature down to the depth of two hundred fifty feet (250 ' ) from the actual surface of said tract. 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 GRANTEE, its successors and as- signs forever; and GRANTOR does hereby bind herself, her heirs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said GRANTEE, its succes- sors and assigns, against every person whomsoever lawfully claim- ing or to claim the same or any part thereof. This Deed is made in place of and as a Deed of Correction of a Deed executed by GRANTOR herein to GRANTEE, dated August 5, 1969, and recorded in Volume 285, Page 539, Deed Records of Brazos County, Texas, wherein by error or mistake all of the right, title, and interest in and to all of the oil , gas, casing- head gas, and related hydrocarbons in, on, and under and that may be produced from the real property were conveyed to GRANTEE when in truth and fact they should have remained in the name of GRAN- TOR, and this instrument is made by GRANTOR and accepted by GRAN- TEE in order to correct said mistake, and in all other respects confirming said former Deed . VOL (,��Q ParJr 498 — 2 — i'c K y� EXECUTED this / day of lc4' - , 1985. HELEN MATOUS, Attorney in Fact for HATTIE B. KAPCHINSKI , Surviving Spouse of F.S. KAPCHINSKI , Deceased STATE OF TEXAS COUNTY OF BRAZOS ) Before me, a Notary Public, on this day personally appeared HELEN MATOUS, known to me to be the person whose name is sub- scribed on the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. Not ry Public in and for the State of T E X A S 1 Printed name: n"'ole. T L. �? My Commission Expires : ) 7 AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF City Attorney' s Office City Attorney' s Office City of College Station City of College Station P.O. Box 9960 P.O. Box 9960 College Station, TX 77840 College Station, TX 77840 - 3 - VOL (l`!,v r!1 r: 499