HomeMy WebLinkAbout1991-08-05-1000AM-Special91 n
BRAZOS COUNTY
BRYAN. TEXAS
AGENDA
BRAZOS COUNTY COMMISSIONERS' COURT MEETING
THE COMMISSIONERS' COURT WILL MEET IN SPECIAL SESSION ON MONDAY,
AUGUST 5, 1991, AT 10:00 A.M. IN THE COMMISSIONERS' COURTROOM OF
THE BRAZOS COUNTY COURTHOUSE 300 EAST 26TH STREET, SUITE 115,
BRYAN, TEXAS.
1. Invocation.
2. Pledge of Allegiance.
3. Consider and take action on budget amendments.
4. Consider and take action on the appointment of Presiding
Election Judges and Alternate Presiding Judges.
5. Consider and take action on Intergovernmental Agreement for
Jail services between the City of Bryan and Brazos County.
6. Consider and take action on the appointment of Suzanne Phelps
to the Child Protection Service Board.
7. Consider and take action on the approval. to advertise for bids
on Roadside Mowing - Bid No. 91-612.
8. Consider and take action on request for extension of
maintenance requirements in Quarter Horse Ranch Addition.
9. Consider and take action on personnel change of status.
10. Consider and take action on payment of claims.
11. Executive Session to discuss Real Estate 6252-17, Section
~(F).
12. Consider and take action on Executive Session.
13. Adjourn.
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COMMISSIONERS' COURT
SPECIAL MEETING
AUGUST 5, 1991
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A special meeting of the Comnissioners' Court of Brazos
j County, Texas was held in the Commissioners' Courtroom in the
1 Courthouse in Bryan, Brazos County, Texas, beginning at 10:00
a.m. on Monday, August 5, 1991, with the following members of
the Court present:
R. J. Holmgreen, County Judge, Presiding;
Gary Norton, Commissioner of Precinct 1;
Walter Wilcox, Commissioner of Precinct 2;
Randy Sims, Commissioner of Precinct 3;
! Milton Turner, Commissioner of Precinct 4;
Mary Ann Ward, County Clerk.
The following citizens and officials were in attendance:
Ruth McLeod Executive Assistant
Bea Green Secretary to Commissioners
Rosalie Todaro Auditor's Office
Cheryl Turney Auditor's Office
• A. H. Winder County Engineer
Sandie Walker Treasurer
Karen McQueen County Clerk's Office
Commissioner Sims gave the invocation and led the pledge
of allegiance.
The Court first considered Budget Amendment #91-020,
which would reallocate funds budgeted for the Adult Probation
Department. On motion by Commissioner Norton, seconded by
Commissioner Sims, the Court voted unanimously to approve the
budget amendment as submitted, a copy of which is attached
hereto.
On motion by Commissioner Turner, seconded by Commis-
sioner Wilcox, the Court voted unanimously to appoint the
following persons as presiding election judge and alternate
election judge for the elections conducted by the county:
• Precinct # Presiding Judge Alternate Judge
33 (Aug. Only) Celestine Williams
7 (Aug. Only) Willie Mae Sisco
34 (Aug. Only) Bluefford Hancock
2 Denise Fulfer
31 (Aug. Only) V1 Burke Cook
9 (Aug. Only) Mary Schmidt
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Commissioners' Court meeting August 5, 1991
It was the consensus of the Court to table consideration
of the Intergovernmental Agreement for jail services between
the City of Bryan and Brazos County.
On motion by the County Judge, seconded by Commissioner
Sims, the Court voted unanimously to appoint Suzanne Phelps to
the Child Protective Service Board of Brazos County.
The next matter for consideration was approval to
advertise for bids on Roadside Mowing -Bid No. 91-612. The
County Engineer explained that they were trying to do this in
two (2) cycles if they can afford it. The contract period
will run from August 31, 1991 through December 31, 1991. On
motion by Commissioner Norton, seconded by Commissioner Sims,
the Court voted unanimously to authorize the Purchasing Agent
to advertise for bids on Roadside Mowing.
The Court next considered a request from the
Owner/Developer of the Quarter Horse Ranch Addition for a
ninety (90) day extension on the two (2) year maintenance
requirement in accordance with the Brazos County Subdivision
Regulations. The County Engineer explained the owner had
filed Chapter 11 Bankruptcy and needed the extension to
complete the work needed to bringing the roads up to the
County regulations. Commissioner Norton asked if the owner
was indeed making an attempt to bring the roads up to
regulations. The County Engineer replied that they were
bringing in gravel but had not worked on the culverts as of
yet. On motion by Commissioner Norton, seconded by
Commissioner Wilcox, the Court voted unanimously to approve
the extension requested.
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Commissioners' Court meeting August 5, 1991
The Court proceeded to consider the change of status of
the following employees.
NAME
Sprayberry, John
Smestuen, Lisa
Dempsey, Patricia
Caldwell, Alan
Woodward, Kim
Burkheiser, Kim
Heffernan, Michele
Baker, Richard
Naron, Nancy
Walker, Queen
MaCaulay, Karin
Kinchloe, Lenora
DEPARTMENT
REASON
Brazos Center
Termination
Co. Crt. at Law II
Resignation
85th Dist. Court
Resignation
Road & Bridge
Termination
Tax Office
New Employee
Co. Crt. at Law II
New Employee
Juvenile Serv.
New Emp P/T
Juvenile Serv.
New Emp P/T
Juvenile Serv.
F/T to P/T
Dist. Attorney
Chng. Dpt. No.
Dist. Attorney
Chng. Dpt. No.
Co. Crt. at Law II
Promotion
on motion by Commissioner Turner, seconded by Commissioner
Sims, the Court voted unanimously to approve the changes as
submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
10 General Fund---------------Claims 14745 thru 14989
20 Road & Bridge-, -------------Claims 15073 thru 15133
21 Boonville Cemetery---------Claims 14990 thru-------
22 Road & Bridge II-----------Claims 14991 thru 14994
31 State Lateral Road---------Claims 14995 thru 14996
40 Law Library----------------Claims 14997 thru 14999
41 Court Master Grant---------Claims 15000 thru-------
43 Oil & Gas Fund-------------Claims 15001 thru-------
54 Health Department----------Claims 15022 thru 15037
61 Health & Life Ins----------Claims 15038 thru-------
70 Indigent Health Care-------Claims 15039 thru 15068
72 Bail Bond Board------------Claims 15069 thru-------
90 Community Services Off-----Claims 15070 thru 15071
94 Victim Assistance Prog----- Claims 15072 thru-------
On motion by Commissioner Sims, seconded by Commissioner
Norton, the Court voted unanimously to approve the Claims as
submitted.
At 10:19 a.m. the County Judge announced the meeting
•
closed to the public so that the Court could meet in closed
executive session to discuss real estate as allowed under
Section 6252-17(2)(F) Vernon's Texas Civil Statutes.
At 10:36 a.m. the County Judge announced the meeting open
to the public. On motion by Commissioner Norton, seconded by
Commissioner Sims, the Court voted unanimously to authorize
the purchase 1.842 acres from the Robert Taylor Moore Trust
and .828 acres from the Jeb Allen Kolby Trust for right-of-way
property on White Switch Road in Precinct 1 and the payment of
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Commissioners' Court meeting August 5, 1991
$2,806.87 for the property. On motion by Commissioner Norton,
seconded by Commissioner Turner, the Court voted unanimously
to authorize the purchase of .416 acres of right-of-way from
Mrs. Ruth Yeager Bostic on Andert Road in Precinct 3 and the
payment of $1,400.00. On motion by the County Judge, seconded
by Commissioner Norton, the Court voted unanimously to
authorize Commissioner Sims to request an on line check for
the payment of right-of-way along Andert Road.
There being no further business to come before the Court,
the meeting was adjourned.
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The foregoing minutes have been examined and approved in open
Court this the day of 19'? in Bryan,
Brazos County, Texas.
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R. olmgree
County Judge
Walter Wilcox
Commissioner, Precinct 2
Milton Turndr
Commissioner, Precinct 4
Randy
Commi
Mary An Ward
County Clerk
VOL--~_PAGE- 21-
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Cary No n
Commis oner, Precinct 1
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.14
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1991 BUDGET YEAR
NO. 91-020
I
On this the 5th day of August 1991 at a special meeting of the
Commissioners' Court, the following members were present:
1 R. J. Holmgreen, County Judge, Presiding
Gary Norton, Commissioner, Precinct 1;
i Walter Wilcox, Commissioner, Precinct 2;
Randy Sims, Commissioner, Precinct 3;
Milton Turner, Commissioner, Precinct 4;
Mary Ann Ward, County Clerk.
t •
The following proceedings were held:
THAT WHEREAS, on August 5, 1991, the Court heard and approved
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a budget amendment for the 1991 budget year for Brazos County,
Texas.
• WHEREAS, an expenditure is necessary due to the necessity to
meet unusual and unforeseen conditions which could not be
reasonably included in the original budget adopted October 1, 1990,
the following amendment(s) to the original are hereby authorized,
as described on the attached 1 page(s).
ADOPTED AND APPROVED this the 5th day of August 1991
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By: R. J. Holmgreen, County Judge
Original: County Clerk's office and attached to the original
budget
Copies: County Auditor
County Treasurer f
Commissioners' Court Minutes r
Budget Amendment File
VOL
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i Budget Amend. No. 91-M 08-05-91
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DEPARTMENT ACCOUNT ~ ACCOUNT NAME INCREASE (DECREASE) REASON
- (905) Reallocate
Adult 10-33-5412 Rep./Maint. Off. Equip. funds
Probation 10-33-6210 Off. Furn. & Equip.
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NO INC. TO DEPT BUDGET' ;0 -j
'',NO INCREASE TO GF 13 DGET
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WARRANTY DEED
91 JUN ~ r to: 2g
DATE: May ~7 - 1991
GRANTOR: CAROL M. ANDERSON, JEAN MCCULLOUG- - EN;'P E
SUZANNE CAROL STEPHEN TRUST, a2fing by.and through jts
Trustee, CAROL M. ANDERSON and THE KEITH ALLEN
ANDERSON TRUST, acting by and through its Trustee, JEAN
MCCULLOUGH STEPHEN
Grantor's Mailing Address (including county):
2514 Memorial' Drive, Bryan, Brazos County, Texas 77802
GRANTEE: BRAZOS COUNTY, TEXAS
Grantee's Mailing Address (including county):
300 East 26th Street, Bryan, Brazos County, Texas 77803
Consideration:
Ten and No/100 Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is' hereby
acknowledged.
Property (including any improvements):
Being a 7.28 acre tract or parcel of land lying and being situated in the Nathan
Clampitt Survey, Abstract No. 90, Brazos County, Texas, and being part of the
581.898 acre tract described in the Gift Deed to Carol M. Anderson, recorded in
Volume 1139, Page 130, of the Official Records of Brazos County, Texas, and being
more particularly described by metes and bounds description as shown on Exhibit
"A" attached hereto and made a part hereof for all purposes.
Reservations from and Exceptions to Conveyance and Warranty:
There is hereby EXCEPTED and RESERVED from this conveyance, and
retained in favor of the Grantor, their heirs, executors, administrators,
successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons,
residue gas, the products and by-products of the foregoing, sulphur, coal,
lignite, uranium, and all other minerals in, on or under the hercinabove
described property; provided, however, Grantor, their heirs, personal
representatives, executors, successors and assigns shall have no right of ingress
and egress at any times for the purpose of mining, drilling, exploring,
operating and developing said lands for oil, gas, and other minerals or for
storing, removing, transporting, processing or marketing the same therefrom.
This reservation and exception shall, however, include the right of Grantor,
°;1276 rA,J44 a
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its successors and assigns, to grant leases on the property to develop same by
directional drilling, pooling, unitization, or subsurface gasification, or
liquefaction processes. Notwithstanding anything herein to the contrary, the
Grantee shall have the right to use without additional consideration, any
water, stone, earth, gravel, cliche, iron ore or any other road building material
upon, in or under the property for the construction and maintenance of a
road or roads thereon, such materials, for the purposes of this conveyance,
being herein defined as not constituting "other minerals."
This conveyance is made and accepted subject to any and all conditions,
restrictions, if any, relating to the hereinabove described property, to the
extent, and only to the extent, that the same may still be in force and effect,
shown of record in the office of the County Clerk of Brazos County, Texas.
The Property is conveyed for the purpose of constructing an all weather gravel road
built to Brazos County, Texas standards, the same to be fenced on both sides of the
proposed roadway.
This conveyance is made to the Grantee herein; provided however, if the roadway
for which the Property is to be used is not completed within two and one-half (2 1/2) years
of the date of the execution of this instrument, title shall revert to the Grantor herein.
•
Grantor, for the consideration and subject to the reservations from and exceptions
to conveyance and warranty, grants, sells and conveys to Grantee the property, together
with all and singular the rights and appurtenances thereto in any wise belonging, to have
and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor
and Grantor's heirs, executors, administrators, and successors to warrant and forever
defend all and singular the property to Grantee and Grantee's successors and assigns
against every person whomsoever lawfully claiming or to claim the same or any part
thereof, except as to the reservations from and exceptions to conveyance and warranty.
When the context requires, singular nouns and pronouns include the plural.
x
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&V CAROL M. ANDERSON .-cwr ~t • ~
J, ,cJ MCCULLOUGH STEM EN
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VOL 1276
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The Suzanne Carol Stephen Trust
By:
Carol M. Anderson, Trustee
The Keith Allen Anderson Trust
BY:
J~, n McCullough Step en, Trustee
STATE OF TEXAS §
COUNTY OF BRAZOS
This instrument was acknowledged before me on this the 10- day oF#ay, 1991,
by CAROL M. ANDERSON.
DE:ATRIZ 0 GP.FSN Lf1~L
PrEfK 1.44 14otary Public, 4e of Tex
Mots r;
8, cis upts ei 1•94 Printed Name: O d X12-
Commission -f '
Commission Expires: `//-9 S/
STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me on this the Ly day o *tq, 1991,
by JEAN MCCULLOUGH STEPHEN.
- BEATRIZ 0 GREEN ;
"M PvbhL hart A T0123
co,a,.anoe Eam 61191
Flo PAG I~
vol lfiracy 146
Notary Pub , Site of exas
Printed Name: L cx1
Commission Expires:
3
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STATE OF TEXAS §
$
COUNTY OF BRAZOS §
This instrument was acknowledged before me on this the ZO-- day of
1991, by THE SUZANNE CAROL STEPHEN TRUST, acting by and through its
Trustee, CAROL M. ANDERSON.
UATRIZ 0. GREEN
'qtr Notary PubliE S to of exas I
Printed Name:
Ic)
My commission expires: - /
STATE OF TEXAS §
COUNTY OF BRAZOS § •
,,L, This instrument was acknowledged before me on this the (L*- day of
Ma , 1991, by THE KEITH ALLEN ANDERSON TRUST, acting by and through its
Trustee, JEAN MCCULLOUGH STEPHEN.
Notary Pub 'c S to of texas
Printed Nam : ~zf-A-t-Z ~2 ~7l/l
My commission expires: d - -rr•U
~ (OIORJ:diF ~l,•1.. 111.7~r
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BRUCHEZ, GOSS, THORNTON, MERONOFF,
MICHEL & HAWTHORNS, P.C
A Professional Corporation
3131 Briarcrest Drive, Suite 200
Bryan, Texas 77802
File No. 90.1238PEM:dp
va, 1~ %6rn 147
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Field notes of a 7.28 acre tract Of parcel of land, lying and being situated
In the Nathan Clampiit Survey, Abstract No. 90, Brazos County. Texas, and
being part of ilia 501.898 acre tract described In the Gift Decd to Carol M.
Anderson, recorded in Volume 1139. Page 130, of the official Records of
Brazos County. Texas, (also see Volume 365. Page 637. Volume 956. Page
397, and Volume 964, Pago 743) and being more particularly described as
follows:
BEGINNING at a 1/2' iron rod set In the southwest line of the
beforementioned 581.898 acre tract, same being the fenced northeast line of
flock Prairie Road, located S 570 23'47' W 86.30 feet from the 5/8' Iron rod
found at the common corner between the said 581.898 acre tract and the 75
acre tract described In the Substitute Trustee's Deed to First National Bank of
Bryan, recorded In Volume 834, Page 778, of the Official Records of Brazos
County, Texas, the cast corner of Green's Prairie Road right-of-way, according
to the plat recorded In Volume 495, Page 453, of the Deed Records of Brazos
County, Texas, bears S 03° 40' 39'• E 81.28 feet;
THENCE parallel with and 85 feet southeast of the common line
between the beforementioned 581.898 acre tract and the 75 acre tract as
follows:
N 4210 33' 52' E at a distance of 126.3 feet, a P.I. In the
Seminole Pipeline (Volume 3, Page 97
of the Lls Pondens Records of Brazos
County, Texas), bears Northwest
18.4 feet, continue on, for a total
distance of 764.44 feet to a 112' Iron
rod set,
N 420 13' 51' E at a distance of 155.7 feet, a P.I. In the
Seminole Pipeline bears Northwest
8.9 feet, continue on, for a total
distance of 1304.26 feet to a 112' iron
N 410 28' 57' E at a distance of 114.7 feet, a P.I. In the
Seminole Pipeline bears Northwest 14.5
feet, continue on, for a total distance of
1118.73 fact to a 112' Iron rod set In
the • common line between the
beforementioned 581.898 acre tract
and the 72.22 acre tract described In
the deed from Alta W. McCullough to
Jean McCullough Stephen and Carol
McCullough Anderson, recorded in
Volume 897. Page 778, of the Official
Records of Brazos County. Texas, the
north corner of the said 581.898 acre
tract bears N 410 08' 03' W 85.71
feet;
THENCE S 41. 08' 03' E along the common line between the
beforementioned 581.898 acre tract and the 72.22 acre tract, for a distance
of 100.84 foot to a 112' Iron rod set;
THENCE along the southeast lino of the proposed Green's Prairie
Extension as follows:
S 410 28' 57' W 1106.42 feet to a 1/2' Iron rod set,
S 420 13' 51' W 1305.21 feet to a 1/2' Iron rod sot,
S 420 33'52' W 747.17 feet to a 1/2' Iron rod sot in the
southwest line of the beforementioned
581.898 acre tract, same being the
northeast line of Rock Prairie Road;
THENCE N 570 23' 47' W along the common line between the
581.898 acre tract and Rock Prairie flood. for a distance of 101.53 feet to the
VO r ,p,LACE O~C$GINNING, containing 7.28 acres of land, more or less.
Q~ j?.~j6 rA'A 1 YO EXHIBIT A
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71 WARRANTY DEED
15 P.1 4 22
DATE: July 25, 1991
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GRANTORS: MELANIE MOORE KOLBY, Individually and as 7)ra9t6e''bi, ilie
CLAYTON MOORE KOLBY TRUST and THE JEB'ALLEN KOLBY "'tv
TRUST and THE ESTATE OF H. H. MOORE, acting by and through
its Independent Executor, ROBERT HARRY MOORE
Grantors' Mailing Address (including county):
500 N. Valley Mills Drive, Suite 210
Waco, Texas 76710
I
GRANTEE: BRAZOS COUNTY, TEXAS
Grantee's Mailing Address (including county):
300 East 26th Street
• Bryan, Brazos County, Texas 77803
Consideration:
Cash and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged.
Property (including any improvements):
All that certain tract or parcel of land lying and being situated in Brazos
County, Texas, and being a part of the H.& B. Whiteside League, Abstract
No. 56, also being out of a called 100 acre tract described in a Correction
Deed from Roy E. Goodwin and Jack Baker to H. H. Moore, et ux, dated
August 24, 1973, of record in Volume 325, Page 547, Deed Records of Brazos
County, Texas, and being more particularly described on Exhibit "A" attached
hereto and made a part hereof for all purposes.
Reservations from and Exceptions to Conveyance and Warranty:
There is hereby EXCEPTED and RESERVED from this conveyance, and retained
in favor of the Grantors, their heirs, executors, administrators, successors and assigns,
in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and
by-products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals
in, on or under the hereinabove described property; provided, however, Grantors,
• their heirs, executors, administrators, successors and assigns shall have no right of
ingress and egress at any times for the purpose of mining, drilling, exploring,
operating and developing said lands for oil, gas, and other minerals or for storing,
removing, transporting, processing or marketing the same therefrom. This
reservation and exception shall, however, include the right of Grantor, its successors
VOL__~_PAGE 21
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and assigns, to grant leases on the property to develop same by directional drilling,
pooling, unitization, or subsurface gasification, or liquefaction processes. Notwith-
standing anything herein to the contrary, the County of Brazos shall have the right
to use without additional consideration any water, stone, earth, gravel, cliche, iron
ore or any other road building material upon, in or under the Property for the
construction and maintenance of a road or roads thereon, such materials, for the
purposes of this conveyance, being herein defined as not constituting "other
minerals."
This conveyance is made and accepted subject to any and all conditions, restrictions,
if any, relating to the hereinabove described property, to the extent, and only to the
extent, that the same may still be in force and effect, shown of record in the office
of the County Clerk of Brazos County, Texas.
By accepting and recording this Warranty Deed, the Grantee herein for itself, its
successors and assigns, does hereby covenant, promise and agree to construct an all
weather gravel roadway complete with necessary drainage facilities on the Property
consistent with County standards and to maintain it in such manner and to further
erect a five (5) strand barbed-wire fence with all appurtenances upon the east side
of the Property for its entire length and to maintain such fence in good repair.
Grantors, for the consideration and subject to the reservations from and exceptions
to conveyance and warranty, grants, sells and conveys to Grantee the property, together
with all and singular the rights and appurtenances thereto in any wise belonging, to have
and hold It to Grantee, Grantee's successors or assigns forever. Grantors bind Grantors
and Grantors' heirs, executors, administrators, and successors to warrant and forever
defend all and singular the property to Grantee and Grantee's successors and assigns
against every person whomsoever lawfully claiming or to claim the same or any part
thereof, except as to the reservations from and exceptions to conveyance and warranty.
When the context requires, singular nouns and pronouns include the plural.
THE JEB ALLEN KOLBY TRUST
1
By: h C tv, Lill In, In . (q )r,
M lE MOO KOLB Tru ee
THE CLAYTON MOORE KOLBY TRUST
By:
M N1E MO (AE KOL , T ee
2
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THE STATE OF TEXAS §
COUNTY OF m~'> §
THE ESTATE OF H. ff. MOORE
1.
By: a ~
R RT HARRY M ORE
ependent Execut\or,\ \
MELAkIE MOORE KOLBY, IndOiduall
This instrument was acknowledged before me on this the/~~ay of
1991, by MELANIE MOORE KOLBY, as Trustee of THE JEB ALLEN KOLBY UST.
,
LES
SIY•VS
THE STATE OF TEXAS §
COUNTY OF ~vn. to §
NoNo ary Public, Std of Texas
Printed Name: 1F,2E SA n 7L)04 IFS
Commission Expires:
This instrument was acknowledged before me on this the /y day of
1991, by MELANIE MOORE KOLBY, as Trustee of THE CLAYTON MOORE kOLBY
TRUST.
✓„4~~.
TERL•SA MORALES
I:wary
POW
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n3 OF IEXAS
STA
Myr•..euaGp.l•1l1.93
Notary Public, State of Texas
Printed Name: TFd Flc.4 17 k 2 i4kS
Commission Expires: /-/R• 5.~
3
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VOL -PAGE
THE STATE OF TEXAS §
§
m,~§
COUNTY OF
This instrument was acknowledged before me on this they day of
1991, by ROBERT HARRY MOORE, Independent Executor of THE ESTATE F H. H.
MOORE.
TERr-SA MORALES
•y
4 : Nuury {+uelK
01: -M. S
STATI.
1.111-95
: Mr P
Not ry Public, State of Texas
Printed Name: T&SA /776,ed-IES
Commission Expires: /f?-S,<-
THE STATE OF TEXAS §
COUNTY OF
This instrument was acknowledged before me on this the/ L day of
1991, by MELANIE MOORE KOLBY, Individually.
IERESA MORALES
l y4
i ny,,,y Njeik
STATE OF 1FXA5
f. MYC0"WO Fsp.l•IN-VS
cus~s~
Notary Public, SQL of Texas
Printed Name: Aa£S4 I77oe#l(-5
Commission Expires:
BRUCHEZ, GOSS, THORNTON, MERONOFF,
MICHEL & HAWTI-IORNE, P.C.
A Professional Corporation
3131 Briarcrest Drive, Suite 200
Bryan, Texas 77802
File No. 89-3038/PEM:dp
4
E)a1IBIT "A"
FIELD NOTES
All that certain tract or parcel of land lying and being situated
in Brazos County, Texas and being a part of the H & B WHITESIDE
a LEAGUE, Abstract No. 56, also being out of a called 100 acre
tract described in a Correction Deed, dated August 24,1973,
from Roy E. Goodwin and Jack Baker to H.H. Moore, et ux, of
record in Vol. 325, Page 547, Deed Records of Brazos County,
Texas and more fully described as follows.
BEGINNING at a set 1/2 inch iron rod for the NE corner of
the tract of land herein described in the East line of called
100 acre tract of land mentioned above and same being set
S 25 deg. 02 min. 02 sec. W, 170.40 ft., from its most Easterly
NE corner, a 3 inch iron pipe found in Big Creek, and said
corner being set in the West line of a called 790.25 acre
tract described in a Deed from John D. Quinn, Jr., et ux,
to T.P. Rotello, et ux, dated February 4,1970, of record in
Vol. 284, Page 3, Deed Records of Brazos County, Texas.
• THENCE S 25 deg. 02 min. 02 sec. W, 589.60 ft., along the
West line of called 790.25 acres tract and East line of called
100 acre tract to a set 1/2 inch iron rod for the SE corner
of the tract of land herein described, the SE corner of called
100 acre tract and the NE corner of a called 100.7 acre tract
of land described in a Deed from H.H. Moore to W.S. Moore,
dated November 2,1953 of record in Vol. 161, Page 235, Deed
Records of Brazos County, Texas.
THENCE N 86 deg. 32 min. 13 sec. W, 64.52 ft., along the South
line of called 100 acre tract and North line of called 100.7
acre tract to a set 1/2 inch iron rod for the SW corner of
the tract of land herein described.
THENCE N 25 deg. 02 min. 02 sec. E, 613.32 ft., along the
West line of the tract of land herein described to a set 1/2
inch iron roid for its NW corner.
THENCE S 64 deg. 57 min. 58 sec. E, 60.0 ft., along the North
line of the tract of land herein described to THE PLACE OF
BEGINNING CONTAINING 0.828 acre of land.
DATED this the ~-5 ,day orf S; ;r ,19
• SIGNED
Robert/ Le`e Bosse, Jr.
Registered Professional Land Surveyor
State of Texas No. 39 7
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WARRANTY DEED '
DATE: July 25, 1991 D Nt i t,, ~S
GRANTORS: ROBERT HARRY MOORE, Individually and as Trustee of THE
ROBERT TAYLOR MOORE TRUST, and THE ALLISON DYAN
MOORE TRUST; THE ESTATE OF H. H. MOORS, acting by and
through its Independent Executor, ROBERT HARRY MOORE and
TILE ESTATE OF LOUISE T. MOORE, acting by and through its
Indendent Executor, ROBERT HARRY MOORE.
Grantors' Mailing Address (including county):
500 N. Valley Mills Drive, Suite 210
Waco, Texas 76710
GRANTEE: BRAZOS COUNTY, TEXAS
Grantee's Mailing Address (including county):
300 East 26th Street
Bryan, Brazos County, Texas 77803
Consideration:
Cash and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged.
Property (including any improvements):
All that certain tract or parcel of land lying and being situated in Brazos
County, Texas, and being a part of the H.& B. Whiteside League, Abstract
No. 56, also being out of a called 100.7 acre tract described in a Deed from
H. H. Moore, to W. S. Moore, dated November 2, 1953, of record in Volume
161, Page 235, Deed Records of Brazos County, Texas, and being more
particularly described on Exhibit "A" attached hereto and made a part hereof
for all purposes.
Reservations from and Exceptions to Conveyance and Warranty:
There is hereby EXCEPTED and RESERVED from this conveyance, and retained
in favor of the Grantors, their heirs, executors, administrators, successors and assigns,
in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and
by-products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals
in, on or under the hercinabove described property; provided, however, Grantors,
their heirs, executors, administrators, successors and assigns shall have no right of
ingress and egress at any times for the purpose of mining, drilling, exploring,
operating and developing said lands for oil, gas, and other minerals or for storing.
removing, transporting, processing or marketing the same therefrom. This
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reservation and exception shall, however, include the right of Grantor, its successors
and assigns, to grant ]cases on the property to develop same by directional drilling,
pooling, unitization, or subsurface gasification, or liquefaction processes. Notwith-
standing anything herein to the contrary, the County of Brazos shall have the right
to use without additional consideration any water, stone, earth, gravel, cliche, iron
ore or any other road building material upon, in or under the Property for the
construction and maintenance of a road or roads thereon, such materials, for the
purposes of this conveyance, being herein defined as not constituting "other
minerals."
This conveyance is made and accepted subject to any and all conditions, restrictions,
if any, relating to the hereinabove described property, to the extent, and only to the
extent, that the same may still be in force and effect, shown of record in the office
of the County Clerk of Brazos County, Texas.
By accepting and recording this Warranty Deed, the Grantee herein for itself, its
successors and assigns, does hereby covenant, promise and agree to construct an all
weather gravel roadway complete with necessary drainage facilities on the Property
consistent with County standards and to maintain it in such manner and to further
erect a five (5) strand barbed-wire fence with all appurtenances upon the east side
of the Property for its entire length and to maintain such fence in good repair.
Grantors, for the consideration and subject to the reservations from and exceptions
to conveyance and warranty, grants, sells and conveys to Grantee the property, together
with all and singular the rights and appurtenances thereto in any wise belonging, to have
and hold it to Grantee, Grantee's successors or assigns forever. Grantors bind Grantors
and Grantors' heirs, executors, administrators, and successors to warrant and forever
defend all and singular the property to Grantee and Grantee's successors and assigns
against every person whomsoever lawfully claiming or to claim the same or any part
thereof, except as to the reservations from and exceptions to conveyance and warranty.
When the context requires, singular nouns and pronouns include the plural.
THE ROBERT TAYLOR MOORE TRUST
•
By: G',-I. v
R ERT HARK M ORE, Trustee
THE ALLISON DYAN MOORE TRUST
By: _
ROBERT HARRY MOORE, Trustee
2
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THE ESTATE OF H. H. MOORE
By:.\~
RO~ERT HARRY M ORE,
Independent Executor
THE ESTATE OF LOUISE T. MOORE
By: 1
*RBER-THARRY MOORE,
Independent Executor
RO ERT HARRY MOORE, Individually
THE STATE OF TEXAS
COUNTY OF .Ar- §
This instrument was acknowledged before me on this the /3~'day of ,
1991, by ROBERT HARRY MOORE, as Trustee of THE ROBERT TAYLOR OORE
TRUST.
TEP SA MORALES Cs&~ c
Sa _ 14'"ry Nbloc Notary Public, §Pte of Texas
sun. El P. ~ 1'18.95 xAs•o3 Printed Name: /F/-FS.4 l'Y1e +edles
~ onrn
My Cwt Commission Expires: Z-9.5 s' '
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TI-IE STATE OF TEXAS §
§
COUNTY OF
This instrument was acknowledged before me on this theL3day of f'
1991, by ROBERT HARRY MOORE, as Trustee of THE ALLISON DYAN GORE '
TRUST.
TERLSA hsORALES G tCX~ J1i~A_
* • n.-t,ry Public Notary Public, ~te of Texas
s !
P. 1
My C141"Il STATE: OF
.1 S Printed Name: f_ 4= 5,9 n 70QAAS
FxA
It~, Commission Expires: _ J-7a
THE STATE OF TEXAS
COUNTY OF §
This instrument was acknowledged before me on this the/3~`day of .o-t',
1991, by ROBERT HARRY MOORE, as Independent Executor of THE H. H. MOORE
MOORE TRUST.
k7 C~2~ec~ ~n2r'z
7n"A ntORALES Notary Public, State of Texas
ui) WDIK
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f: OF ,VAAs Printed Name: le cs
• %I yronwi,.ILY P.I5 Commission Expires: -
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the /!'day of a
1991, by ROBERT HARRY MOORE, as Independent Executor of THE LO SE T.
MOORE MOORE TRUST.
E
ERMOA ORAL ES
nvury WAlic
STAI I? UI:IEXAS
Myrnx~urr.r1Ap I-IPI.93
rIp.
Notary Public, Site of Texas
Printed Name: 4 rCF-SA l)102 a AS
Commission Expires: /-/B •S ti
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THE STATE OF TEXAS
COUNTY OF §
This instrument was acknowledged before me on this the Atday of n
1991, by ROBERT HARRY MOORE, Individually.
Ca TERESA h10RAL ES Notary Public, State of Texas
Notary PAN:
srA~E:01'TEMS Printed Name: r My r_ . L•p• Commission Expires: J 1.0
-
PREPARED IN THE LAW OFFICE OF.,
BRUCHEZ, GOSS, THORNTON, MERONOFF,
MICHEL & HAWTI-IORNE, P.C.
A Professional Corporation
3131 Briarcrest Drive, Suite 200
Bryan, Texas 77802
File No. 89-3038/PEM:dp
5
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EXHIBIT "A"
FIELD NOTES
•
•
All that certain tract or parcel of
in Brazos County, Texas and beinq a
LEAGUE, Abstract No. 56, also beinq
acre tract described in a Deed from
dated November 2,1953, of record in
Records of Brazos County, Texas and
follows.
land
part
out
H. H.
Vol.
more
lying and beinq situated
of the H & B WHITESIDE
of a called 100.7
Moore to W.S. Moore,
161, Page 235, Deed
fully described as
BEGINNING at a nail set in road for the SE corner of called
100.7 acre tract of land mentioned above and the SW corner
of a called 790.25 acre tract described in a Deed from John
D. Quinn, Jr., et ux, to T.P. Rotello, et ux, dated February
4,1970, of record in Vol. 284, Page 3, Deed Records of Brazos
County, Texas, and said corner beinq located in the North
R.O.W. line of the G.C. & S.F. Rail Road and 50 ft., from
its center line. •
THENCE S 88 deq. 10 min. 00 sec. W, 67.26 ft., along the North
R.O.W. line of said Rail Road to a set 1/2 inch iron rod for
the SW corner of the tract of land herein described.
THENCE N 25 deg. 02 min. 02 sec. E, 1,340.99 ft., alonq the
West line of the tract of land herein described to a set 1/2
inch iron rod in the North line of called 100.7 acre tract
and the South line of a called 100 acres tract described in
a Deed from Roy E. Goodwin and Jack Baker to H.H. Moore, et
ux, in a Correction Deed, dated Auqust 24,1973, of record
in Vol. 325, Page 547, Deed Records of Brazos County, Texas.
THENCE S 86 deq. 32 min. 13 sec. E, 64.52 ft., along the North
line of called 100.7 acre tract to a set 1/2 inch iron rod
for its NE corner.
THENCE S 25 deg. 02 min. 02 sec. W, 1,334.31 ft., along the
East line of called 100.7 acre tract and the West line of
called 790.25 acre tract owned by T.P. Rotello to THE PLACE
OF BEGINNING CONTAINING 1.842 acres of land.
DATED this the -Y day :fP _Z)[;)
SIGNED:
Rob(~tt &Lee Bosse,
Reqistered Profes
State of Texas N
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J K.
,tonal Land Surveyor
. 3927
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RIGHT OF WAY DEED
THE STATE OF TEXAS
COUNTY OF BRAZOS
That HARRY BOSTIC and wife, RUTH YEAGER BOSTIC, of the County of Brazos,
State of Texas, hereinafter referred to as 'Grantor', for and In consideration of One and
No/100 Dollar ($1.00) to Grantor in hand paid by the County of Brazos, a political
subdivision of the State of Texas, acting by and through its Commissioner's Court,
hereinafter referred to as "Grantee the receipt, and sufficiency of which is hereby
acknowledged, and for which no lien is retained, either express or implied, has,
GRANTED, SOLD AND CONVEYED and by these presents does GRANT, SELL AND
CONVEY unto the County of Brazos, State of Texas, an exclusive easement for the
purpose or relocating, expanding and improving Andert Road in, along, upon and across
the following described proporty in the County of Brazos, State of Texas:
Being a 0.416 acre tract or parcel of land, lying and being situated In the M. H.
Foster Survey, Volume 664, Pages 371-374 of the Deed of Records of Brazos
County, Texas and more particularly described on Exhibit "A" and a plat as shown
as Exhibit "B" attached hereto and made a part thereof for all purposes.
TO HAVE AND TO HOLD the Deed for said purposes together with all and singular
the rights, privileges, and appurtenances thereto, in any manner belonging unto the said
County of Brazos, State of Texas, its successors and assigns, forever; and Grantor does
hereby bind Grantor and Grantor's heirs, executors, administrators, successors and
assigns to warrant and forever defend all and singular the said Deed to the said Grantee,
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Its successors and assigns against every person whomsoever lawfully claiming or to
claim the same or any part thereof.
Any consideration Initially paid to Grantor by Grantee In connection with the
execution of this Deed Is for the grant of the 0.416 acres and for damages necessarily
• caused to the surface of Grantor's land within the connection with the original construction
of the roadway.
Grantee shall have the right from time to time to cut and remove all trees,
undergrowth or any other obstruction or rubbish that may injure, endanger or interfere
with the use, construction, operation, maintenance or repair of the roadway to be
constructed within the 0.416 acres.
It is hereby understood, and by the acceptance of this instrument it is recognized,
that Grantor retains title to all of the oil, gas, sulphur and other mineral interests in and
under said land, but Grantor waives any and all rights of Ingress and egress to the surface
thereof for the purpose of exploring, developing, mining or drilling for same; provided,
however, that operations for exploration or recovery of any such minerals shall be
permissible so long as all surface operations in connection therewith are located at a point
• outside of the 0.416 acres, and upon the condition that none of such operations shall
operate so as to interfare with the intended use thereof or in any interfere with, jeopardize,
or endanger the facilities of the owner or create a hazard to the public users thereof; it
being intended however, that nothing herein shall limit the rights of the County of Brazos,
i
State of Texas, to take and use without additional compensation any water, stone, earth,
gravel, cliche, iron ore, gravel or any other road building materials upon, in and under said
0.416 acres for the construction and maintenance of a road or roads thereon, such road
building materials not being considered 'other minerals' for the purpose of this
reservation.
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r This agreement and all terms, provisions and obligations hereof shall be covenants
running with the land affected thereby and shall Inure to the benefit of and be binding
upon Grantor and Grantee and their respective heirs, executors, administrators,
successors and assigns. Grantor agrees and acknowledges that the easement herein
granted will be for use by the public.
IN WITNESS WHEREOF, Grantor has caused his instrument to be executed as
of the j day of '1991
ACCEPTED BY GRANTEE:
BRAZOS COUNTY, TEXAS
306 East 26th Street
Bryan, Texas 77803 Gib
arty stlc
By:
R. o mgreen, LeA, ,4.6
County Judge ut eager tic
THE STATE OF TEXAS
COUNTY OF BRAZOS
This Instrument was acknowledged before me on this the .max day of
au 1991, by Harry Bostic and Ruth Yeager Bostic.
...w~ .t'nnnrmrmrr:Trerrn^ ;t'7 •^BEATRIZ D. GP
" PUN.C.
C0""' Notary u I t to o Texas
Printed Name: z E~
My commission expires: - I -9
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LEGAL DESCRIPTION
FOR A
0.416 Acre Tract
EXHIBITA,
BEING all that certain 0.416 acre tract or parcel of land, lying and being situated In the
M. H. FOSTER SURVEY; BRAZOS COUNTY, TEXAS and being a part of that certain
25.000 acre tract of land conveyed to HARRY BOSTIC, ET UX by ARTHUR J. YEAGER
and wife, JOHANNA YEAGER by Deed, dated March 12, 1984 and recorded in Volume
664, Pages 371-374 of the DEED OF RECORDS of BRAZOS COUNTY, TEXAS, and being
more particularly described by metes and bounds as follows:
COMMENCING at an iron rod found marking the most easterly corner of the Bostic
25.000 acre tract;
THENCE N 59' 44' 43" N along a fenceline marking the southwest right-of-way line of
Andert Road to an Iron rod found at an angle point In the aforementioned 25.000 acre
tract;
THENCE N 46. 41' 41" W continuing along the fenceline for a measured distance of
696.47 feet to an iron rod set in said fenceline marking the POINT OF BEGINNING of this
0.416 acre tract;
THENCE across the most northerly corner of the Bostic 25.000 acre tract around a curve
to the left having the following bearings and chord distances;
THENCE N 49. 36' 41" W - 100.00 feet to an Iron rod set;
THENCE N 65. 46' 41" W - 100.00 feet to an iron rod set;
THENCE N 83. 15'410 W - 100.00 feet to an iron rod set;
THENCE S 810 58' 19" W - 100.00 feet to an iron rod set;
• f
THENCE S 660 43' 19" W - 100.00 feet to an iron rod set;
# THENCE S 50° 15' 19" W - 100.00 feet to an iron rod set;
Set in the northwest fenceline of the Bostic 25.000 acre tract said fenceline also BEING
the southeast right-of-way line of Andert Road for CORNER.
THENCE along the most northerly fenceline of the Bostic 25.000 acre tract and the Andert
Road right-of-way line, a curve to the right having the following bearings and chord
distances;
THENCE N 46. 29' 19' E - 102.20 feet to an angle point;
h
THENCE N 480 19' 18" E - 118.12 feet to an angle point;
THENCE N 670 51' 30" E - 123.79 feet to an angle point;
THENCE S 620 28' 15" E - 119.23 feet to'an angle point;
THENCE S 470 49' 16" E - 107.003 feet to an angle point'
THENCE S 46. 41' 41- E - 100.15 feet to the PLACE OF BEGINNING and containing
• 0.416 acres of land, more or less.
Prepared fro an actual survey made upon the ground under my supervision May 1991.
OF
• ~Pro%ar~n•,~9
A.H. Winder R.P.L.S. ~ r .
No. 3856
A. H. WINDER
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ANDERT ROAD - 0.416 ACRE
R.O.W. IMPROVEMENT TRACT
DATE: DWN BY:
05.24.91 R.C.
M.A.FOSTER SURVEY _
ORAZOS COUNTY, TEXAS .
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