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1991V1371P56 Boriskie/Thiltgen Tracts Wolf Pen Creek Sewerline Project 477.540 r" r • ON /I AIL SUBORDINATION OF MINERAL INTEREST, ESTATE, ROYALTY, WORKING' • 4. INTEREST OR RIGHT OF 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 or minerals or production, ) for and in consideration of Ten and No/100 Dollars ($10. 00) , 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 Exhibits "A" , "B" , and "C" attached hereto, being public rights-of-way, to the rights of the City of College Station, which shall hereafter be superior to the rights of the undersigned within said rights-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. It is expressly understood and agreed that the undersigned retains all rights in and to the easement areas which are not in conflict with or inconsistent with the actual uses of same by the City. 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 1st day of NOVEMBER , 1991 . UNION PACIFIC RESOURCES COMPANY B Y: ( 11 I J ..L&��( to ) STATE OF TEXAS ) ACKNOWLEDGMENT COUNTY OF ,_% ,Q4d. ) This instrument was acknowledged before me on the /4- day of , 1991, by (,J. M . _Sr gPC as /417O�CAJC---V.- iti • % 41111 25' PERMANENT EASEMENT & 20' CONSTRUCTION EASEMENT BORISKIE ESTATE/139.2 ACRE REMAINDER TRACT MORGAN RECTOR LEAGUE, ABSTRACT 46 COLLEGE STATION, TEXAS JULY 25, 1991 All that certain tract or parcel of land lying and being situated in the Morgan Rector League, A-46, in College Station, Brazos County, Texas, being a permanent easement twenty-five feet (25') in width through that 139.2 acre remainder of that 438.0 acre tract of land conveyed to V.J. Boriskie by deed recorded in Volume 47, Page 499; Volume 136, Page 359; Volume 152, Page 608 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: COMMENCING at the west corner of said 139.2 acre remainder tract, the most southwesterly corner of that 9.74 acre tract conveyed to the City of College Station, Texas by deed recorded in Volume 368, Page 336 of the Deed Records of Brazos County, Texas, and on the easterly right-of-way line of State Hwy. 6 (Fact Bypass); a found concrete ROW marker bears N 32°02'39" W at a distance of 336.62 feet; Thence, S 32°02'39" E a distance of 666.05 feet with said right-of-way line to the POINT OF BEGINNING of this description; THENCE N 57°57'21" E a distance of 25.00 feet across said 139.2 acre tract for corner; THENCE S 32°02'39" E a distance of 304.93 feet for corner on the northerly boundary of a thirty-foot (30') easement conveyed to the City of College Station, Texas, and recorded in Volume , Page of the Deed Records of Brazos County, Texas; THENCE S 85°18'09" W a distance of 28.15 feet with said easement line for corner on the easterly right- of-way line of State Hwy. 6 (East Bypass); the northwest corner of that 14.27 acre tract conveyed to Davis McGill by deed recorded in Volume 597, Page 226 of the Deed Records of Brazos County, Texas, bears S 32°02'39" E a distance of 111.13 feet; a found concrete ROW marker bears S 32°02'39" E a distance of 803.84 feet; THENCE N 32°02'39" W a distance of 292.00 feet with said right-of-way line to the POINT OF BEGINNING and containing 0.171 acres, more or less, as shown on Exhibit B. Also, an additional twenty-foot (20') wide temporary construction easement along both the northerly and westerly boundaries of above described twentyfive-foot (25') wide permanent easement, for a total width of forty-five (45') feet, as shown on Exhibit B, is hereby granted until one (1) year after the completion of a sanitary sewer in the above permanent easement. OF Pk s r 41. '`bF. 4 fi 44. w 1�. 1I• Sint , July 25 , 1991 EXHIBIT A VOL 1371 PNrr 57 • • 12' PERMANENT EASEMENT & 35740' TEMPORARY CONSTRUCTION EASEMENT BORISKIE ESTATE/139.2 ACRE REMAINDER TRACT MORGAN RECTOR LEAGUE, ABSTRACT 46 COLLEGE STATION, TEXAS JULY 25, 1991 All that certain tract or parcel of land lying and being situated in the Morgan Rector League, A-46, in College Station, Brazos County, Texas, being a Permanent Easement (12') in width through that 139.2 acre remainder of that 438.0 acre tract conveyed to V.J. Boriskie by deed recorded in Volume 47, Page 499; Volume 136, Page 359; Volume 152, Page 608 of the Deed Records of Brazos County, Texas and being more particularly described as follows: COMMENCING at the intersection of the easterly right-of-way line of State Hwy. 6 (E. Bypass) and an existing 18" sanitary sewer; same point also being on the west property line of said 139.2 acre remainder tract and to which a concrete ROW marker bears southeast a distance of 784 feet, more or less, and a manhole bears S 85°18'09" W a distance of 12.64 feet; THENCE N 85°18'09" E a distance of 509.64 feet, to a manhole on the existing 18" sanitary sewer line; THENCE, N 81°23'34" E a distance of 131.52 feet to a point on the easterly boundary of an existing 15' wide easement conveyed to the City of College Station and recorded in Volume 305, Page 230 of the Deed Records of Brazos County, Texas; THENCE, N 3°22'31" W a distance of 22.53 feet along the easterly casement line of said 15' wide easement to the northerly boundary of a 30' wide easement conveyed to the City of College Station and recorded in Volume Page and the POINT OF BEGINNING of said 12' permanent casement: THENCE, N 3°22'31"W parallel and 7.5 feet east of an existing 15" elevated sewer line and coincident with the easterly boundary of said 15' wide easement a distance of 607.25 feet to a point for corner; THENCE, N 86°37'29" E across said 139.2 acre remainder a distance of 12.0 feet to a point for corner; THENCE, S 3°22'31" E parallel to and 19.5 feet east of said existing 15" elevated sewer line a distance of 605.92 feet, more or less to the northerly boundary of said 30' wide easement; THENCE, S 80°19'15" W coincident with northerly boundary of said 30' wide easement a distance of 12.07 I feet, more or less to the east boundary of said 15' wide easement and to the POINT OF BEGINNING and containing 0.17 acres, more or less. A 35-foot wide temporary construction easement is granted along the easterly boundary of the said existing 15-foot wide easement; the southwesterly corner of said 35-foot easement being the POINT OF BEGINNING of the 35-foot wide temporary construction easement and of the said 12-foot permanent easement; Thence the westerly boundary of the said 35' temporary easement continues N 3°22'31" W a distance 607.25 feet coincident with the easterly boundary of said existing 15-foot sanitary sewer easement to a point for corner; Thence the westerly boundary proceeds northwest along the east side of said 15-foot wide easement a distance of 20.0 feet. Also, a 40-foot temporary construction easement is granted whose centerline begins at the existing manhole where the elevated 15" line crosses the 18" sanitary sewer line, said manhole being the POINT OF BEGINNING of the 40-foot temporary construction easement; Thence the centerline continues S 3°22'31' E, coincident with the elevated 15" sanitary sewer, a distance of 213 feet, more or less to the center of Wolfpen Creek and the common property line between said 139.2 acre remainder tract and that 14.27 acre tract of land conveyed to Davis McGill by deed recorded in Volume 597, Page 226 of the Deed Records of Brazos County, Texas. Both temporary construction easements are hereby granted until (1) year after the completion of construction of a sanitary sewer line in the above 12- foot wide permanent easement. 4 /..,:.,0,'ZI.7;%..t.4.'t I» a w In kA\i " E.•il#11:".":7 f' N• NN.M,• ,1111"c I• o 7 5//c •,...4..,.., / 5 July , 1991 EXHIBIT B I VOL 1371_rAv. 58 • l Joe On, Inc. Surveyors&Engineers Rt.3 Box 413 College Station,Texas 77845 (409)690-3378 30' Easement Boriskie Tract Morgan Rector League College Station, Texas 17 April 1990 All that certain tract or parcel of land lying and being situated in the Morgan Rector League in College Station, Brazos County, Texas, being an easement thirty feet (30') in width through that tract conveyed to V.J. Boriskie by deeds recorded in Volume 47, Page 499, Volume 136, Page 359 and Volume 152, Page 608 of the Deed Records of Brazos County, Texas, and lying fifteen feet (15') each side of the following described centerline: Beginning in the line between the said Boriskie tract and that 17.83 acre tract conveyed to Edwin W. Schultz by deed recorded in Volume 365, Page 671 of the Deed Records of Brazos County, Texas, N 42°20' 28" E - 1822.61 feet from an iron rod found at the inter- section of the southeast line of the said Boriskie tract and the northeast right-of-way line of State Highway No. 6 (East By-Pass). Thence through the said'Boriskie tract as follows: S 73°01' 14" W- 69.90 feet to an angle point; S 42°35' 25" W - 240.37 feet to an angle point; S 85°03' 25" W- 268.28 feet to an angle point; S 80° 20' 31" W - 811.60 feet to an an9le point; S 85° 19' 25" W - 512.74 feet continuing through the said Boriskie tract to the northeast right-of-way line of State Highway No. 6 (East By-Pass) and the end of this easement at a point located S 32° 01' 23" E - 1037.30 feet from an iron rod found at the intersection of the northwest line of the said Boriskie tract and the northeast right-of-way line of State Highway No. 6 (East By-Pass). 6:___, /,--:..: l'./_91/2&/0 t EXHIBIT 11 <j °•isrc�'' U, ci' '�- 0 Su -c r VO,_ .1371 1 rHJr 59 , i � IJWWji �c • C7W 3 Q t. 1 a 1• X o do O W fn N 1f) V CD I__Z � aJ Q 1 ,O W Q I- I a f- \ Lf IcD ES Q � aom0 .?4,1., opo lai. 0 cr O (n �, , O Z I- ttM QO � S w 0 8 Q WC.7C90 J N F \�5 �� z o -0aaa CC o? \ • S �/15/ Q F— atiM � Om ,_ pct F— • s' ��N k� MIN WWCr p= wsOcO .J j al g , ~�� Fo ,O aN s° , • . 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Cc �n co 7 7 7 �"� C \\ • \\\a\ C O\ \ \ \ \ \ \\ \ \\ \\ \ r \\,\ \ \ \ \\\; \ \\\ .,\ \`;to_ \ 1 \ \\ \ 1 i I D.RP;WfljG F'OR EXHiB IT YC VOL i3 71 r sE 62