R2008-150 2008-11-24 T20003RESOLUTION NO. R2008-150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A UTILITY RELOCATION AGREEMENT
ASSOCIATED WITH THE CULLEN ROAD PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Utility Relocation Agreement associated with the Cullen
Road Project, a copy of which is attached hereto as Exhibit "A"and made a part hereof for
all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a Utility Relocation Agreement associated with the Cullen
Road Project.
PASSED, APPROVED and ADOPTED this the 24th day of N e er, A.D., 2008.
__- .
TOM REID
MAYOR
ATTEST:
G `, ~ ty C,r.~ ...,iyN
'~~'[ ..1
' S ETARY ~"`
APPROVED AS TO FORM:
K .~an.....~- ~ L~
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Rev.4/2008 Resolution No. R2008-150
Page 1 of 2
STANDARD UTILITY AGREEMENT
ACTUAL COST -CITY
County: Brazoria County
Project No.: [Insert Project Number]
ROW CSJ: [Insert CSJ Number]
Road Project Letting Date: February 2009
Road: F.M. 865 (Cullen Parkway)
From: Harris County Line
To: F.M. 518
This Agreement by and between the City of Pearland, Texas, ("City"), acting by and through its duly authorized
official, and Kinder Morgan Texas Pipeline LLC ("Owner"), acting by and through its duly authorized
representative, shall be effective on the date of approval and execution by and on behalf of the City.
WHEREAS, the City has determined that it is necessary to make certain improvements to F.M. 865 (Cullen
Parkway), which said changes are generally described as follows: Widen to 4 lanes divided from McHard to FM
518; Bridge at Hickory Slough; Shared use path; Storm Sewer System from Harris County Line to F.M. 518;
Detention Pond south of Clear Creek
WHEREAS, these proposed roadway improvements will necessitate the adjustment, removal, and/or relocation
of certain facilities of Owner as indicated in the following statement of work: Lower Owner's 30" and 24"
pipelines to accommodate the widening of Cullen Blvd. and box culvert storm drains and such work is described
in Owner's Estimate (estimated at $3,412,763), which is attached hereto and made a part hereof, and which is
prepared in form and manner required by 23 CFR 645, Subpart A, and amendments thereto; and
WHEREAS, the Owner, has provided sufficient legal authority to the City to establish an interest in properties
affected by the abovementioned roadway improvements. Said facilities are located upon such properties as
indicated in the statement of work as described in Exhibit "A".
NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties mutually
agree as follows:
The City will pay for costs incurred in the adjustment or relocation of Owner's facilities to the extent
authorized under Title 23, Code of Federal Regulations, Part 645, Subpart A. The City's participation shall
consist of twenty percent (20%) of the cost of the adjustment or relocation.
The Owner has determined that the method to be used in developing the adjustment or relocation costs shall be
as specified for the method checked and described hereinafter:
^ (1) Actual direct and related indirect costs accumulated in accordance with a work order accounting
procedure prescribed by the applicable Federal or State regulatory body.
[~ (2) Actual direct and related indirect costs accumulated in accordance with an established accounting
procedure developed by the Owner and approved by the City.
Subject to the participation percentage as set out above, the City will, upon satisfactory completion of the
adjustment or relocation, and upon receipt of a final billing prepared in the form and manner prescribed by
Federal regulations, make payment in the amount of twenty percent (20%) of the eligible costs as shown in the
final billing.
Bills for work completed herein shall be submitted to the City not later than ninety (90) days after completion of
the work. Upon receipt of the final billing and conclusion of the audit, the City agrees to pay Owner one
hundred (100%) of the eligible cost as indicated. The City shall make payment within 45 days of acceptance of
the final billing.
Rev. 4/2008
Page 2 of 2
In the event there is a substantial change for the statement of work contained in Exhibit "A", reimbursement is
limited to the amount approved pursuant to this agreement and its attached exhibits unless written approval is
obtained from the City. All changes shall be documented on the Owner's "as-built" plans supplied to the City.
City shall reimburse Owner for any additional cost or expense resulting from any delays waiting for City's
written approval.
Upon execution of this agreement by all parties, the City will, by written notice, authorize the Owner to proceed
with the necessary adjustment or relocation, and the Owner agrees to prosecute such work diligently in
accordance with the Owner's plans. Such plans are attached as Exhibit "B". Owner shall provide the City with
forty-eight (48) hours written notice prior to proceeding with the adjustment or relocation and agrees to proceed
in such a manner that will not result in avoidable delay or interference with the City's roadway construction.
Should Owner by its actions cause interference or delay resulting in the imposition of damages upon the City by
a third party, Owner agrees to be responsible for said damages. Such authorization to proceed shall constitute
notice on the part of the City that the relocation has been included in an approved program as an item of right of
way acquisition, that a project agreement which includes the work has or will be executed, and that the utility
relocation or adjustment will be required by the final approved project agreement and plans.
The Owner will retain records of such costs in accordance with the provisions of 23 CFR Part 645, Subpart A.
The Owner, by execution of this agreement, does not waive any rights to which Owner may legally have within
the limits of the law.
This agreement is subject to cancellation by the City at any time up to the date that work under this agreement
has been authorized. City shall reimburse Owner 100% of all cost incurred by Owner up to the date of receipt of
Notice of Cancellation.
The City Auditor may conduct an audit or investigation of any entity receiving funds from the City directly under
this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this
contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the City
Auditor, to conduct an audit or investigation in connection with those funds.
It is also expressly understood that the Owner conducts the adjustment, removal, or relocation at its own risk,
and that the Owner agrees to indemnify and hold the City harmless for damage to existing facilities caused by
the Owner's conduct.
The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the
party represented.
UTILITY CITY
OWNER
Owner: Kinder Mo~ an Te s PiReline LLC
By: I ~(C1
BRUCE A. BOYD
Title: Vice President
Date: l 0~~-9/08 11.1i
THE CITY OF PEARLAND, TEXAS
By: '`
Title:Bi 11 Eisen, City Manager
Date:November 24, 2008
Kinder Morgan Texas Pipeline LLC
KMTP 145-30" & 125 24"
Adjust Crossings @ Cullen Blvd. Pearland
Brazoria Co., Texas
Cost Estimate E061207 -- Budget Code 124070535
Description Quantity Unit Unit Price Total
24" Pipe .375" wt. DSAW 5L X-52 w/ 14 Mil. FBE 880 Feet $ 197.18 $ 173,518
& 30 Mil. Lill 2040 coating.
30" Pi e .500" wt. DSAW 5L X-52 w/ 14 Mil. FBE 960 Feet $ 328.27 $ 315,139
& 30 Mil. Lill 2040 coatin .
Joint Coatings Materials 1 $ $ 5,358 $ 5,38
Freight Allowance 7 $ /Load. $ 1,488 $ 10,416
24" 45 deg. 3R Ells .375" wt. Y-52 4 $ / ea. $ 11,312 $ 45,248
30" 45 de . 3R Ells .500" wt. Y-52 4 $ / ea. $ 18,754 $ 75,016
Contractor Cost (Labor and Equipment):
24" Assembl ,Hydro, Install, & Tie-ins 800 $ / ft. $ 1,056 $ 844,800
24" Removal & Grouting /Abandonment 800 $ / ft. $ 22.60 $ 18,080
24" Portable Compression (Reserve Equipment) 20 $ / Hr. $ 1,167 $ 23,340
24" De-gas and Cleaning 1 $ $ 5,954 $ 5,954
30" Assembly, H dro, Installation, & Tie-ins 880 $ / Ft. $ 1,320 $ 1,161,600
30" Removal & Grouting /Abandonment 880 $ / ft. $ 23.80 $ 20,944
30" Portable Com ression (Reserve Equipment) 32 $ / Hr. $ 863 $ 27,616
30" De- as and Cleaning 1 $ $ 7,145 $ 7,145
Well pointin 0 $ /Pump $ 35,723 $ -
Construction Inspection Services 42 $ / Da $ 804 $ 33,768
Radiogra hic Services 8 $ / Da $ 1,131 $ 9,048
R-O-W Contractor 5 $ / Da $ 804 $ 4,020
Surve Contractor 5 $ / Da $ 3,096 $ 15,480
Sales Tax 0 8.25% $ -
3rd Part Engineering/Drafting/Purchasing 600 Hr. $ 131 $ 78,600
Com an Labor 260 $ / Hr. $ 42 $ 10,990
Em to ee Benefits 1 % of Labor 46.0% $ 5,055
Em to ee Travel Ex ense 0 $ / Da $ 268 $ -
Com an Vehicle Expense 12 $ / Da . $ 119 $ 1,428
R-O-W & Work S ace Damages 2 $/L.O. $ 2,500 $ 5,000
Environmental Permits 1 $ $ 8,500 $ 8,500
Gas Pur a and Pack (8.92 Mi. 24" 75 si) 1,082 MCF $ 13.10 $ 14,174
Gas Purge and Pack (8.76 Mi. 30" @ 75 psi) 1,664 MCF $ 13.10 $ 21,798
Estimate Expense Sub Total $ 2,942,037
Total Estimated Project Cost $ 2,942,037
Company Overhead 1 % of Cost 16.0% $ 470,726
Total Project Capital Requirement $ 3,412,763
AFUDC (Allowance for Funds Used During Construction) 0 Months 5.50% $ -
Total Project AFE Request $ 3,412,763
Jim Ephraim
June 23, 2008
Cost Estimate_Cullen Pkwy Pearland -KMTP 145 30in 125 24in Ajdustment- Est Smry(L) 06 23 08.x1s
Scope of Work Attachment
Kinder Morgan Texas 145-30" & 125-24" Natural Gas Pipeline
Adjust Crossings @ Cullen Blvd. (FM 865)
Pearland, Brazoria Co., Texas
Construct replacement pipeline crossings at Cullen Blvd. (FM 865) by Horizontal
Directional Drill (HDD) under existing pavement and below existing water piping
to replace pipeline across the proposed full width of proposed road widening and
below propose storm water drain pipes. Completed crossings will consist of all
new pipes installed at an elevation approximately 25' below natural ground level,
below the depth of the proposed new drainage piping and existing water lines.
New coated and catholically protected 30" & 24" steel pipe having a wall
thickness that is heaver than the existing normal wall thickness of the pipeline
pipe will be assembled by welding, joints X-rayed and coated, installed uncased,
hydro tested, and tied into existing pipeline outside the proposed expanded road
right of way. Old mainline pipe not under the existing pavement will be removed.
The sections of pipeline under the existing pavement areas will be filled with
grout, caped and left in place.
C:\Documents and Settings\taylfrel\Local Settings\Temporary Internet Files\OLK65\Scope of Work Cullen Blvd _Kinder Morgan
Texas 145-30in 125-24in - 10 29 08 08.doc
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~~~~,~~ AMENDMENT OF RIGHT OF P1AY AND EASEMENT:
THE STATE OF TEXAS
COUNTY OF BRAZORIA
KNOW ALL MEN BY THESE PRESENTS;
WHEREAS, the undersigned, (hereinafter called Grantor, whether one
or more) has heretofore executed and delivered to UNITED GAS P11'E LINE
COMPANY (hereinafter called Grantee) an easement dated April 3, 1950, wherein
there was cornreyed a right of way and easement to construct, maintain, operate,
repair, replace, change the size of and remove a pipe line and appurtenances
thereto, over and through the land described in said easement which is recorded
in Vol. 1-74, Page 322, Deed Records of Brazoria County, Texasg and
WHEREAS, Grantor and Grantee desire to amend said easement insofar
as the description of the land covered and to be covered thereby is concerned;
NOW, THEREFORE, for and in consideration of the sum of Seventy-Seven
and NO/100 (~e77.00) Dollars paid to Grantor by Grantee, the receipt and
sufficiency of which is hereby acknowledged, it is hereby agreed by and between
Grantor and Grantee that said easement, be, and the same is hereby amended
by the insertion, in lieu of the description of the land provided in said
easement, of the following description of land subject to said easemett, to-wit:
118.35 acres out of the W. T. Dobson Survey, Abstract 187,
Brazoria County, Texas, more fulljr described in deed from
R. C. Vfesterman et ux to Bruno C. Bagnoli recorded in
Vol. 339, Page 319, Deed Records of said County, to which
reference is here made for further description.
Grantee shall have the use of 50' for construction of the one
pipe line provided for hereunder. After construction, the
right of way herein granted for the existing line and one
additional "Ii`ne to Te laid shall be 55' in width, such right
of way being located 27.5' on either side of the following
described engineer's survey line across said land, to-wit:
The centerline of 55' right of way shall enter the above
described property at a point on the East property line
approximately 77.5' North of the centerline of the present
110' County road which adjoins the South property line;
THENCE in.s Westerly direction, parallel to the centerline
of said County road, znd 12.5' North of and parallel to,
UNITID GAS P1PE LINE COMPANY~S existing 21~" pipe line
a distance of approximately 1277' to a point on the West
property line approximatelyy 77.5' North of the centerline
of said County road.
And Grantor does hereby grant and convey unto Grantee, its
successors and assigns, a right of way and easement for one additional pipe
line and appurtenances thereto, over and through the above described land
for the purposes set out in said easement dated April 3, 1950, with all rights
provided therein of ingress to and egress from the premises for the purposes
of constructing, inspecting, maintaining, repairing, and replacing the
property of Grantee herein described, and the removal of same at will, in
whole or in part.
It is expressly underatood that the party securing this grant in
behalf of Grantee is without authority to make aqy covenant or agreemerrt not
herein expressed, and said easement dated April 3, 1950, is, and shall remain
in full force and effect in accordance with the provisions thereof, as
amended herein.
It is understood and agreed that Grantee shall have the use of a
reasonable amount of working space necessary for the crossing of Texas State
Highway No. 518.
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VPITNESS the execution hereof on this the ~ / 'K, day of
A. D., 1953.
Bruno C. Bagnol•
C~~a,e. `~Yj cu,~~CS~.,-~
e Marie Bagnoli
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~; ~ ,. t, ATTEST -/T{(~`/
i V~SZln~ _ U
~~•~ -1.~~ • ` Secz
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THE STATE OF TEAS,
y(~Gt/+/+r-ice
COUNTY OF
UNITID GAS PIPE LINE COMPANY
VicE-President. ~'~'~1
kGE~evo@ As pe ~e,~„ VVV
~~
BEFORE ME, the undersigned, a Notary Public fn and for said County
and State, on this day personal]y appeared BRUNO C. BAGNOLI and ROSE MARIE
BAGNOLI, his Wife, both knoaaa to me to be the persons whose names are subscribed
to the foregoing instrument, and acknowledged to me that they each executed the
same for the purposes and consideration therein expressed, and the said ROSE
MARIE BAGNOLZ, wife of the said BRUNO C. BAGNOLI.having been examined by me
privily and apart from her husband, and having the-same fully explained to hers
she, the said ROSE MARIE BAGNOLI acknowledged such instrument to be her act and
deed, and she declared that she had willingly signed the same for the purposes
and consideration therein expressed, and that she did not wish to retract it.
IVEN ER MY RAND AND SEAL OF OFFICE this the ~~' ~ daffy of
A.D., 1953.
~~ ~-
•~• .
:r - -
_ ~ - - - ~ otary Public in a or
'• ;~F~ : COUN'PY, Texas.
THE'S'TATE"-OF LOUISIANA ~
PARISH OF CADDO
BEFORE ME, the undersigned authority, a Notary Pu~l ~in a for
said Parish and State, on this day personally appeared _
V1ca President of UNITID GAS PIPE LINE COMPANY known to me to be the person
whose name is subscribed to the foregoing instrimieat, and acknowledged to me
that he executed the same as the act and deed of the said corporation and
for the purposes and consideration therein expressed and in the c apacity
therein s tated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ,~ q~LZ day of
Q . c~G : ~ . ~~_ , 1953.
__ ~ ~ ~
~~ -~ ~ ,, a': • ~ otarp Public in a nd for
~••-•- :• ` __ Caddo Parish, Louisiana
'' ~~'~ ~ -~ i7A~ S. MELTON
- Notary Public in'anc for
- ~ , Caddo perish, Louisiana
"- ~ _ -
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TI-LF STATE OF TEXAS ~
COUNTY OF BRAZORIA
•'~
KNOW ALL i~N BY THESE PRESENTS
That for and in consideration of EIGHTY=Tb•IO FND N0~100 (~v82.00)
DOLLARS to the undersigned (herein styled Grantor, whether one or more),
paid, the receipt of which is hereby acknowledged, the said Grantor does
hereby Grant and Convey unto UNITED GAS PIPE LINE COMPANY (herein styled
Grantee), its successors and assigns, a right of ivory and easement to con-
struct, maintain, operate, repair, replace, change the.size of and remove
a pipe line and appurtenances thereto, over and through the following de-
scribed lands situated in Brazoria County, State of Texas, to-wit:
4.6.35 acres out of the W. T. Dodson Survey, Abstract 187,
Brazoria County, Texas.
The center line of the thirty (30) foot right of way shall
enter the above described property at a point in the East
property line approximately sixty-five (b5) feet North of
the center line of the present County road rich adjoins
the South property line; thence in a Westerly direction
parallel to the center line of said County road to a point
in the West property line approximately sixty-five (65) feet
North of the center line of said County road.
more fully described in deed from R. C. Westerman et ux to Bruno B.. Bagnoli
recorded in Volume 339, Page 319, Deed Records of said County, to which ref-
erence is here made for further description.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns, so
long as the rights and easements herein granted, or any of them, shall be
used by, or useful.to; Grantee for the purposes herein granted, with ingress
to and egress fm m the premises, for the purposes of constructing, inspecting,
repairing, maintaining, and replacing the property of Grantee herein described,
and the renoval of same at will, in whole or in part.
The said Grantor is to fully use and enjoy the said premises except
for the purposes herein granted and provided the said Grantor shall not con-
struct nor pezmit to be constructed any houses or buildings of any kind
on the thirty (30) foot ri ght of way. Grantor, or his assigns, shall have
the rift to construct across the right of wa,* herein granted, driveways,
sidewalF:s, fences, and pipe lines for necessary utiliti es and convenience of
7HE ST.ATF. nP TEXASL
Counry oFBraaotia JLH.A.STEVENS Jc.,Cierk of uc CounryCouffi
iri pnd for said Counry, do hereby cr. ti`}' r',;+t the fn re~oinr i,<rr•,mcr,r with
the. terti 'aie of aurher.ricarinn was riu!. -^Qc'^rd-•a nn ..........~/ty
of_::::: ....._.. 195 .. ........arQ~~n'c:~:r-!• ....C/~-- M.. in
s6 .~e.e~ 2.. .of rhe....~ .....
Vol:. ... .~ n p.. ........
' 11Uoids for said Counry.
_ t'limess me hand and sell o(office ar Aog:aon; ?'eras, inc day and ycu - '
last a4sr^ wrinm.
• ~~F ....:._ . _ .. H. R. STEVENS, JR.
L - , ~_ Clet Couo Court. B ti Co., Texac
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buildings and houses that may be constructed on said tract of land. Grantee
agrees to bury all pipes to a sufficient depth so as not to interfex_ e~ith
the above facilities and to pay any damage which may arise to,~'said facilities, j;~~,~yi,:,pC
trees, flowers, shrubbery, lawn and fences from the construction, maintenance
and operation of said pipe line; said damages, i•f not mutually agreed upon
to be ascertained arri determined by three disinterested persons, one thereof
to be appointed. by the said Grantor, or assigns, one by the said Grantee, and
the third by the two so appointed as aforesaid, and the written award of suds
three persons shall be final and conclusive.
It is hereby understood that the party securing this grant in behalf
of Grantee is without authority to make any covenant or agreement not herein
expressed.
WIT SS the execution hereof on this the 'T day of
, A. D. 1950.
Y _ Notary Puhlic, Harris County, Texas
.Y ~. ,
Signed and delivered in the presence
of the undersigned witnesses:
THE STATE OF TEXAS
COUNTY OF Q
BEFORE LSE, the undersigned, a No Public in and for said County
and Stag on this day personally appeared~~~i /L~-c~,-
c~ ~ •
and ,~ L}~~~ //G~.f.~ -~22~1~`-~~ , his wife, both ]mown t o me to
be the persons whose names are subscribed to the foregoing instrument, and
acknowledged to me that they each executed the s~arfi~e,for the purposes
consideration therein expressed, an~t~e said` ,~~y'l~~fd`~~~~-C~ ~
wife of the said i!~L'!2rG%~i73 L, /ice-~"1'Lt/'fi! ,having been examined by
~,J
me privily and apartgf~~ her husband, arriCityaving the same fully explained to
her, she, the said ,~li?J~.~~Y~~'.~ ' `~'1~/~7~~~/~'ti~fcknowledged such
instrument to be her act and deed, and she fleclared that she had willingly
signed the same for the purposes and consideration therein expressed, and that
she did not wish to retract it.
GIVEN UNDER ;viY HAND AND SF~AI. OF OFFICE this the
day of , A. D. 1950.
_ ~~
Notary Public in an ERNErST A. FEUSSE
~ County, Texas
~, Notary Public, Harris County, Texet
STATE OF TEXAS
COUNTY OF BRAZORIA SS
I, H. R. Stevens, Jr., Clerk of the County Court in and for said County, do Hereby certify that
the foregoing instrument with the certificate of authentication was duly recorded on the__._- ~~-
>:. ,,
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a~Y.: of- --- •- __ , 19.~.p , at 9a~0 o'clock.-l~.._--M. in Vol..__!~~~
- ___--_ on Page-.__--..._--~~~.of
the-~=_____~-Records of said County.
-: Witness my hanc~and seal of office at Angleton, Texas, the da and ear a
__ Y Y 1st above written.
`, H. R. STEVENS, JR.,
1 ~ - _ • Clerk, County Court, Br ria County, Texas
BY-- -- .. 1'-U/1~e~ - - -.Deputy
--~ =~~-_- - _ w
4904
THE STATE oP etas ~
~aoNT~ ~ )
atop ~ ~~-~~~~~4~
~~'~~~
SNOW ALL ~ HY THESB pRBSII~1TS:
That for and in consideration of 91z
Hundred Ninety Three (~6gj.00) Hollers to the andersigned (herein sled
Grantor, whether one or more), paid, the receipt of e~hich is hereby
sclmowledged, the said Grantor does hereby Great and Canvey tmto LIIJIfib~
GAS PIPE LINE CQ~GPIANY (herein styled Grantee), its succassora, and aesigas,
a right of way and easement to oonatzuot, maintain, and operate a pipe line
sad appurtenances other than atruoturea, plants sad baildiags, over end
through the strip of land hereinafter described ]~yiag in the following de-
scribed leads situated in Brazoria County, 7Baaa, to~it:
All that part of the C. J. Hell Sta•vep, A.,215, South oaf
clear Creek in Hrazoria Cotmty, Teaas; 96.47 scree in
the Northeast corner oY Section I, H.T.dr$.R.R.Co. Survey,
A.-j10; j20 scree being the South 1/2 of Section 2, H.T~lcB.
R~i.Co. Survey, Ar510; j4 acres being the lid generally
referred to ae the James ~7. H.) Crawley Survey oaf 320
acres, Ar174; LotR 8r~d j, H.T.&B.R.R.Co. S1~.rvey, A•310
more fully described in deed fmm J. W. Trouadele et al
to H. S. ~ouedale recorded in Volume 43.1, Page 421 and
Volume 4.72, Page j90, and Mrs. E1 Drew sampaon et el to
H. S. Troasdale recorded in Volume 43j, Page 120, Deed
E~soords of said County, to which reference is here made
for farther deaoriptiar-•
The center line of said strip of ]and aver and through whidi said
esaameat is granted is ae follows:
Ttie center lice of the 20' right of why shall eater the
East property line approximately 65''North of the South-
east comer of the C. J. Hall Survey, A 215; theaoe in a
Westerly direction appmaimately 11,430+ to a point in
the Weat property line approximately 3,757• North of the
Southwest corner of the 7. C. Crawley StuR~ey, Ar174.
The easeaaent hereby granted shall be limited to a strip of land
fifty f5o) feet is width sad lying twenty-five (25*) feet on each side oaf
the center line described above, for a period teaniaeti7ug when the con-
atiuctioa of said pipe line ie completed and thereafter the eeaememt hereby
granted shall be limited to a strip oP lead twenty (~*) feet !n width
lying tea t10*) feet oa each aide of said canter line. It is-understood that
this Cram is made aub~eot to the pMor easement rights now held by Texas
Eastern Tranamiasion Corp. in sad to that portion of said right of way where
the same intersects the right of way heretofore granted 'bo ~xae Eaete~ra Trana-
misalon Corp. by instrument dated Nov. 32, 1949. end recorded in Vol. 4b5,
_ .3b
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page ¢30 of the Deed Records of Brazoria County, Tessa.
TO SAVE AND TO HOLD Hato Grantee, its succeeaora and assigns,
the rights end easements hexeia granted over said strip of land-fifty (~j0*)
feet is wiflth during the period necessary for the construction of said pipe
line, together with the ri~ta oY ingress and egress to sad from same for
such purposes.
TO SAVE AND TO HOLD unto Grantee, its successors and assigns, .
the rights sad easemeatte herein granted in and to said strip of lead twenty
(20') feet in width so long ea the same shall be need by Grantee, rte suc-
cessors or asaigrss, for the purposes herein granted, with rights of ingress
to end egress fmm said strip of land, Yor the pnrposea of inspecting, re-
pnirinon, a®.intainiag end replacing said pipe line and the rentpvel of s®he
at will, is whole or is part.
. The said Grsator, hie heirs, legal representatives and assigns,
reserve to thamaelvea all ri~ta to fu113r one end ea~oy the said premtisea,
iacludiag speoiYically the right of way area above deflned, eacept ibr the
purposes hezein granted to the said Grantee, provided, however, the acid
Grantor shall sot construct nor permit to be constructed say hones, atruc-
tares, or obatructiona directly cn or over said strip oP land !iffy (~D')
feet in width during the construction period or oa.or over said twenty (20*)
foot strip cY ]and during the period of this grant that will directly end
p1~y*sioelly interfere with the mainteneaoe or operation of, acid pipe liaa or
appurteneacea thereto, end Will aot•cheage the grade over such pipe line,
except to the eatemt that Grantor may consider to be necessary or proper is
building made, draina®s ditches, irriggtion canals end ditches. Grantee
hereby agrees to bury all pipes to a depth of at la eat three (j') feet halos
the surtgce eo as sot to interfere with rultlvation of the soil nor the ooa-
atruotioa of drainage end irrigatica canals and ditdies, sad to pap say
damages which may arise-irom-the constrnction, inepectioa,..main.tansace,_re- _ _
pair, rep]acament and opeistioa of said pipe line.
Grantee shell Level the ]and over rte pips line sad remove all
debris that will interfere with the cultivation aY the soil promptly after
conatrnctioa is completed.
~7
o..~f -.
The rights in said strip of ]sad twenty (20+) feet in width here-
by granted to Grantee shall terminate and revert to Grantor, his heirs or
assigns, if esid Grantee, its aucoesaors or assigns, for a period of two
auocessive gears, should cease to n,se said right of way for the purpose
hereinabove stated, in whioh event, said Grantee shall within said time
remove said pipe line, and if it fails eo to do, all of its rights there-
in shall terminate.
It is hereby amderatood that the party securing this grant 1a
behalf of Grantee ie without authority to melee any covenant cr agreemaeat
not herein ealsessed. ,
4iir wI'11~33 the execution hereof'-on this ths,.: `.`` ~ ~~~ day of
o" _, A. D. 1950, by H. 3:~:Tsousdale',,; and wife, Era G.
...
~~ 7Rouadale, the Grantor.
n:
'IDE STATE OF TItiZA3~
covN2Y aP HAl~us
HEFORE ME, the undersigned authority, on this day paraonally ap-
peared H. 3. 7~onedale, end Era G. Trouedale, his wife, both Kowa to me to
be the persons whose names are subscribed to the foregoing instrument, gad
aololovd.edged 'bo me that they each exeonted the same for the purpoaee and
oonaideratians therein eapreaeed, gad the said Era G. Trousdele, wife of
the said H. 3. 45ronedale, having been examined by me privily and apart from
her husband, and having the same fully eaglained to her, she, the said Era G.
Trouadale, aclmowledged suoh instrument to be her act anal deed, gad sli`e de !- ~ ~ -_
Glared that she had willingly eigaed the same for the purposes end considera-
p tions therein expressed, and that she did net wish to retreat it.
b •:.G1V8tI UIIDFI2 MY HAND /SID SEAL OF OFFICE this the ~ ~ a ~~ day of
~ ~~ "~,''
<.~;.•~ .~el~°. , A. D., 1950.
- Notary R~blic~~
SF.P~I:: ,'~ ~ _ ~~~ ~ for Harris County, Teas
3r T r ~ . ... ~~~~
J
~ STATE OF TEXAS
SS
J COUNTY OF BRAZORIA
T, H. R. Stevens, Jr., Clerk of the County Court in and for said County, do hereby certify that
<...
- - ~~
;the foregoing instrument with the certificate of authentication was duly recorded on the_____.-___1_~_.
- day of.__ ~ , 19_.,S:S1_, ate= ~_`~o'clock._ l~ M. in Vol..._._!~~ Q.._. on Page___._._._~11~ of
the._.-~GL~'__._.__RECOrdS of said County.
G Witness my•hand and seal of office at Angleton, Texas, the day and year last above written.
=~~~ H. R. STEVENS, JR.,
Clerk, Cou ry CCo~ur~t, Brazoria County, Texas
- BY --~Gy~r~'~1--- - - - P°ty
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8665 ~~~~~ OF RIGHT OF 1'~AY EASEdD;NT;
THE STATE OF TEXAS
COUNTY OF BRAZORIA
KNOW ALL A~IEEN BY THESE PRESENTS;
V7HEREAS, the undersigned, (hereinafter called Grantor, whether one
or more) has heretofore executed and delivered to UNITED GAS PIPE LINE
C0114PANY (hereinafter called Grantee) an easement dated May 30, 1950, wherein
there eras conveyed aright of way. and easement to construct, maintain, operate,
repair, replace, change the size of and remove a pipe line and appurtenances
thereto, over and through the land described in said easement which is recorded
in Uol, 1179, Page 304, Deed Records of Brazoria County, Texas; and
7lHEREAS, Grantor and Grantee desire to amend said easement insofar
as the description of the land covered and to be covered thereby is concerned;
NOW, THEREFORE, FOR p.ND IN CONSIDERATION of the sum of Six Hundred
Ninety Three 0693.00) Dollars paid to Grantor by Grantee, the receipt and
sufficiency of which is hereby acknowledged, it is hereby agreed by and between
Grantor and Grantee that said easement, be, and the same is hereby amended by
_ _ the insertion, in lieu of the description of the land provided in said easement,
of the following description of land subject to said easement, to--wit:
All that part of the C. J. Hall Survey, A-215, South of
Clear Creek in Brazoria County, Texas; 96,117 acres in
the Northeast corner of Section 1, H, T, & H, R.R. Co, Survey,
A-310; 320 acres being the South 1/2 of Section 2, H,T,& B.
R,R, Co, Survey, A-510; 343 acres being the land general]y
referred to as the James (J. H.) Crawley Survey of 320'
acres, A-1711; Lot 3, H.T.&B. R,R, Co. Survey, A-310,
Brazoria County, Texas,
more fully described in deed from J. W. Trousdale et al
to H, S. Trousdale recorded in volume 1111, Page 1121 and
Volume l172, Page 390, and in deed from DBrs. El Drew Sampson
et al to H. S, Trousdale recorded in Volume h33, Page 120,
Deed Records of said County to which reference is here made
for further descriptlon,
Grantee shall have the use of 50' for construction of the
one pipe line provided for hereunder. After construction,
the right of way herein granted for the existing line and one
additional line to be laid shall be 1i5' in width, such right
of way being located 22.5 on either side of the following
described engineer's survey line across said land, to-wit:
The centerline of !i5' right of way shall enter the East
property line at a point on the West right of way line of
Texas State Highway No. 518, said point being 75' North of
a !~" x !~" concrete monument marking the Southeast corner;
THENCE in a Westerly direction, 12,5 North of and parallel
to IINITID GAS PIPE LINE COrGPANY~S existing 21l" pipe line,
across the C. J. Hall Survey A-215, the H, T. Rc B. R,R, Co.
Survey A-310, the F. B, Drake Survey A-510 and the Jas. Crawley
Survey A-1711, a distance of approximately 11,1132' to a point
on the Vest line of the Jas. Crawley Survey A-1711, as marked
by a fence; said point being 3770 North of a fence corner and
also being ]1x.77.5' South of a 1" iron pin in fence corner marking
the apparent Northvrest corner of the Jas. Crawlejr Survey A-1711.
And Grantor does hereby grant and convey unto. Grantee, its successors
and assigns, a right of way and easement for one additional pipe line and
appurtenances thereto, over and through the above described land for the
purposes eet out in said easement dated May 30, 1950, tirith all rights provided
therein of ingress to and egress from the premises for the purposes of
constructing, inspecting, maintaining, repairing, and replacing the property
of Grantee herein described, znd the removal of same at will, in whole or in part,
~~
,-_ _
-2-
It is understood and agreed that Grantee shall have the use o£ a
reasonable amount of working space necessary for the crossing o£ Texas State
Highvray No. 518, and canal crossing.
The said Grantor, his heirs, legal representatives and assigns,
reserve to themselves all rights to~fully use and enjoy the said premises,
including specifically the right of way area above defined, except for the
purposes herein granted to the said Grantee; provided, however, the said
Grantor shall not construct nor permit to be constructed.ar~}r house, struc-
tures, or obstructions directly on or over said strip of land forty-five
(lts~) feet in width during the period of this grant that will directly_and
physically interfere with the maintenance or operation of, said pipe lines or
appurtenances thereto, and will not change the grade over such pipe line;
exCe,7t to the extent that Grantor may consider to be necessary or proper in
building roads, drainage ditches, irrigation canals and ditches. Grantee
hereby agrees to bury all pipes to a depth of at least three (3') feet below
the surface so as not to interfere with cultivation of the soil nor the con-
struction of drainage and irrigation canals and ditches, and to pay arty
damages which may arise from the construction, inspection, maintenance,
repair, replacement and operation of said pipe lines,
Grantee shall level the land over its pipe lines and remove all
debris that will interfere frith the cultivation of the soil promptly after
the dirt over said lineShas settled.
The rights in said strip of land forty-five (Lis') feet in vridth
hereby granted to Grantee shall terminate and revert to Grantor, his heirs
or assigns, if said Grantee, its successors or assigns, for a period of two
successive years, should cease to use'said right of way for the purpose
hereinaBove stated, in which event, said Grantee shall within said time
remove said pipe line; and if it fails so to do, all of its rights there-
in shall terminate.
It is hereby understood that the party securing this grant in
behalf of Grantee is without authority to make arty covenant or agreement
not herein expressed. ,/
WITNESS the execution hereof on this the T r=day of ,
A.D. 1953, by H. S. Trousdale, and wife, Era G. Trous a e, the ant
WITNESSES:
~ ~~ ~ ~~~
ATTESTi ' ~
:.. - ~~
' S.
,~~ ~a. ~4
~s.
H. S. •ousdale
~.. ~. ~ __
Era G. Tro dale
IJNITID GAS PIPE LINE CO~HPANY
~- -- ~ .
-President.
d;~otod ~s Ta fan
~~
d
'^__~_
-3-
THE STATE OF TERAS, ~
COUNTY OF HARRIS ~
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared H. S. TROUSDALE and
ERA G. TROUSDALE, his wise, both known to me to be the persons whose names
are subscribed to the foregoing instrument, and acknowledged to me that
they each executed the same for the purposes and consideration therein
expressed, and the said ERA G. TROUSDALE, wife of the said H. S. TROUSDALE
having been examined by me privily and apart from her husband~andhaving. --- --
th~e-same fully explained to her, she, the said ERA .G. TROUSDALE acknowledged
such instrument to be her act and deed, and she declared that she had
willingly signed the same for the purposes and consideration therein expressed,
and that she did not wish to retract it.
GIVEN UNDER R4Y HAND AND SEAL OF OFFICE this the 9 ~ _day of
~ 9
y:. Clazence C, Meyer
`, ~ _
= ,~ ~• = = - Notary Public in and for
=~~ Harris County, Texas.
.•~ `o
~"' ~ -. ..
THE STATE OF LOUISIANA ~
PARISH OF CADDO ~
~ BEFORE ME, the undersigned authority, a Notary Public in for
said Parish and State, on this day personally appeared ~(,,~. ,s~~
Vice President of UNITED GAS PIPE LINE COL~IPANY, known to me to be the person
whose name is subscribed to the foregoing instrwnent, and acknowledged to me
that he executed the same as the act and deed of the said corporation and
for the purposes and consideration therein expressed and in the capacity
therein stated.
- GIVEN UNDER R~ HAND AND SEAL OF OFFICE, this the /~.C,~- day of
- _ .-
~- _
~- _"_ ~ 1953.
'":: - _
_ > ~ :,
y ` `-(' f--~'~
."o ~: c .
" •: .; Notary Public in and for
°~ =., ">' ' Caddo Parish, Louisiana
~ . : ~,:
• . _.~,~_
' RAI.S, ~~1
Notary ~ In anc for
Caddo Parish, Louisiana.
T8G SFAI'E l:Y 1h1~.`. ' i, H. R. STEY:.ia> L, LIMO r :.n I.:3Y ~~
Coster of B:~nra j
~h iaiS?3r sai5 Ca•,~ty, ,c hc-rs::7 ~ri(y [!:et the iwe,vir:~i i:rsrntmart~-~ t'~a
l4rC ~ of .enFe>i_ . •' a EuiY c°r.~~:d~•d n ~ 6u+~
.' ~ ".
> -; _
ICI. ~ L ~".y~~~22cf Me _~...~'~_~.__......
YvarJrtu"sa:d L:w~'iy-
q ~ Sr~m`/;,Maad sad Sxi! ai oi7~ce dnaciei~r., Tc[as, ihu Lr:Y ~^d feat kst
~~ ~~0~' - - H. R. STElEttS, A2
~ " Gatk tomtW Cgrrt, 8ramna, Ca., Thad
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~~
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"~
STATE OF-TEXAS
;,
SUBORDINATION TO RICdiT OF 'aVAY EASE~iT
COUNTY OF BRAZORZA ~
/ `~~v
,:~~~';-zti: if ~
This contract between H. S. TROUSDALE and wife, ERA G. TRIJUSDALE,
owners of the land described in the hereinafter mentioned Deed of Trust and
grantors in the hereinafter described Right of ti^!ay Deed, as first party;
United Gas Pipe Line Company, grantees in said Right of YVay Deed, as second
party; and The Equitable Life Assurance Society of the United States, owner
and holder of the indebtedness secured by said deed of trust, as third party,
witnesseth;
jNHEREAS first parties heretofore executed and delivered to Edward
N. AQaher, Trustee, a deed of trust dated the 24th day of February, 1949, which
deed of trust is recorded in Vol. 92, Page 458 of the Deed of Trust Records of
Brazoria County, Texas and provides a lien upon land situated in Brazoria
County, Texas, to secure the payment of indebtedness therein fully described;
and
YVHEREAS thereafter first parties executed and delivered to second
party their Right of Way Deed thereby granting to second party an easement
across the land described in said deed of trust for the purpose of constructing,
operating and maintaining a pipe line and appurtenances, other than structures,
plants and buildings, which easement, during the period of construction of
said pipe line is to be 50 feet wide and after completion of .such pipe line is
to be limited to a width of 20 feet, the center line of such easement to be
as follows:
Entering the land described in the above mentioned deed of trust
on its East line at a point 65 feet North of the Southeast corner
of the C. J. Hall Survey, Abstract No. 215; Thence in a Z9esterly
- direction 11,430 feet, more or less, to a point on the PJest
boundary line of the property described in said deed of trust
3757 feet North of the Southwest corner of the J. C. Crawley
Survey.
~'1HEREAS the first and second parties have requested the third party
to subordinate the lien of said deed of 'trust to the rights of the grantees
under said Right-of Way Deed; and '
WHEREAS the first party is willing to subordinate said lien, as re-
quested, only to the extent and uppon the condition hereinafter set out.
NOP] THEREFORE I4VOW ALL N1FZJ BY THESE PRESENTS:
(1) The third party for and in consideration of X10.00 to it in hand .
paid by the second party, receipt of which is hereby acknowledged and confessed,
has and by these presents does, to the extent and upon the condition herein-
after set out, subordinate the lien of said deed of trust to the rights of the
second party as grantee under said Right-of-Niay Deed. But it is expressly
agreed and understood that said lien is hereby subordinated only to the extent
and upon the condition that such subordination shall in no way effect or im-
pair the lien of said deed of trust as to the remainder of the security and
that the lien of said deed of trust shall continue as a valid first lien a-
gainst all the land described in said deed of trust and all the rights, titles,
estates, equities and interest in and to the same, save and except only the
rights of the second party under said Right-ofWay Deed.
(2) The first and second parties, in consideration of premises, agree
that the subordination of the lien of said deed of trust, as provided in the
preceding paragraph, is limited and. conditional and that if by reason of any
fact, (mown or unknown, or by reason of any. rule of law or equity, such sub-
ordination of said lien should in any way effect or impair the lien of said
deed of trust as to the remainder of the security, or in event of foreclosure
of said lien, prevent the holder of said indebtedness from enforcing, or limit
its right to enforce--the- lien--oi'-said deed of trust .as a,. valid first lien a-
gainst all of the land described in said deed of trust, and all of the rights,
titles, estates, equities and interests therein, excepting only the rights of
the second party as grantee under 'said Right-of-way Deed, or enforcing personal
liability against any person otherwise liable on said note, then this instru-
ment shall be null and void and of no effect and the rights of said second party
as grantee under said Right-of-way Deed shall continue subject to the lien of
said deed of trust in the same manner and to the same extent as if this agree-
ment had never been executed.
~7
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(9) The first party, in consideration of the premises, hereby
ratifies, confirms and in legal effect re-executes the above described deed of
trust and the note secured thereby and promises to pay the balance of the
indebtedness secured by said deed of trust in accordance with the face and
tenor of said note at, Dallas, Texas. First party, for the same consideration,
agrees that consideration paid them for said Right-of tiJay Deed shall not be
considered farm income under the prepayment privileges granted in the above
mentioned loan instruments and that prepayments made under said privileges
shall not, during the current and the following calendar year, aggregate more
than 20~ of the face amount of the above mentioned note.
EY.ECUTID THIS THE ,~e'`~' day of ~~ , 1950.
Witness: --~
,~~
~~~•,
Grace W. Jo rdis ~.sbt. Secreta_r}r ..
vv ,;,~„-
~'a 1,'~~ tti~F~ ~ ~~ ~~1~~
ATTEST:,:
~+ ~ 'c~ i
~~;:. SeL~et
D~UITABLE LIFE ASSURANCE,SQQIIY'Y OF, THE U.S.
Its Seco d•Vice+President'-~
Henry G. Wood- ;; .~; _: - ~ ~
H. S. Trousdaie ^.' ~-_~,~::
C,_ ' ~a0o
Era G. Tro ale
UNITID GAS PIPE LINE CO~dPANY
B
Vice President -
_2_
/~
- ~~
STATE OF TEXAS ~
COUNTY OF ~ ~
HARQrs
BEFORE ME, the undersigned authority, on this day personally appeared
H. S. Trousdale and Era G. Trousdale, known to me to be the persons whose names
are subscribed to the foregoing instrument and acknowledged to me that they exe-
cuted the same for the purposes and consideration therein expressed. And the
said Era G. Trousdale, wife of H. S. Trousdale, having been examined by me privi]y
and apart from her husband, and having the same fully explained to her by me,
she, the said Era G. Trousdale, acknowledged such instrument to be her act and
deed, and declared that she had willingly signed the same for the purposes and
consideration therein expressed, and that she did not wiah to retract it.
`~?,,......,,~ ; GIVEN UNDER 1]Y HAND AND the seal of my office at ~~.o..~~,,., ,
,~ ~: a°5.n 2e,County, Texas, this the ~n~, day of 1950.
_ r!A RR~iS '~
:=~
°~~...M. ~ ~~>
.~
paQ
STATE OF NEVJ YORK k
COUNTY OF NE~~ YORIf. ~
Notary Public in and for County,
Texas ~IA2p r °.
0o BEFORE ME, the undersigned authority, on this day personally appeared Henry
~;, the Second Vice President of The Equitable Life Assurance Society
of the U. 5., a corporation, known to me to. be the person.vrhose name is sub-
scribed to the foregoing instrument and known to me to be the Second Vice Presi-
dent of The Equitable Life Assurance Society of the U. S. a corporation, and
~acia~pvrledged to me that he executed said instrument for tie purposes and consi-
;~~o c~eiea'E~o~i therein expressed, and as the act and deed of said corporation in the
~~<~ <c~apac`i~y therein stated.
t a~ L • ~. '; ~ o ;z.FIVFN UNDER BEY HAND and the se21 of ~y office at New York, New York
w g~' County, ;Nevi York, this the 1~_ day of r„ly , 1950.
~+'`=
i+ °' O
'~?aA b. YCOOb.°0 ~ ..
C m ~ C3 E~~-'''.
STATE OF
COUNTY OF
JOHN ROSS
N,hry Puklic; Stale al New Yolk
N.. a1•a,aaaoo
pualilied In Querns County
CttUrioks liltd wiM~
NM Yort County Clerb
Ne« Port Reolsler's ORkes
Term Ex,l/!a karcls 30 1952
i
tary Public in and for New York County,
New York
The undersigned, being the owner and holder of an indebtedness secured
by a Deed of Trust dated June 17, 1949, executed by H. S. Trousdale and Era G.
Trousdale, his wife, in favor of E. A. Jordan, Trustee for Richmond Production
Credit Association, recorded in Deed of Trust, Vol. 95, Page 230, Brazoria
County, Texas, for and in consideration of Ten Dollars ($10.00 to it in hand
paid by above Second Party, the receipt and adequacy of which is hereby acknow-
ledged, does by these presents, subordinate the lien of said Deed of Trust
insofar and on]y insofar as it affects the rights of Second Party as grantee
under the above described right of wa_y deed, also, for the purpose of inducing
the Equitable Life Assurance Society of the U. S. to execute the foregoing
subordination agreement, hereby agrees and consents to the execution of said
instrument by said Society without requiring the payment of any sum whatsoever
upon the indebtedness held by said Society and secured under the terms of its
above mentioned deed of trust and agrees that the execution of such instrument
shall in--no- wise -effect ~or_.impair.the lien of said-deed, of trust against the
land described therein and that the lien of said deed of trust shall continue
as a valid first lien, prior in all respects to any right, title, lien or in-
terest of the undersigned in or to said lien.
~;,..,
`~,~~:, _ ~,:T
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'' v 1y v~_ ~,=ti
• -"ATTHST: _
c
•%Jn ta' •
Se r ary
RICHMOND p,RODUC~q[~ CREDIT ASSOCIATION
C:. J
JIT ASSOCIATION
By
,Q
f .
.. . ~ • ~ .~
STATE OF /~XA S
COUNTY OF HA /'C,e/ S
BEFORE ME, the undersigned, a Notary Public in and for said COU~~/
and State, on this day personally appeared E'A- , ~s.P~ ~/ ,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
Richmond Production Credit Association, and that he executed the same as
the act of such association for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVE•i UNDER LRY HAND AND SEAL OF OFFICE this the day of ~.:•,.,
A. D. 1950• ``~~~L~3ia.g..~a~.~~
.l. ~ 7u'iP.y ~ ~" _
ta_4...._ n.ti.ia .. ... ....a ~.:_.. . .. d.~- -
co ~,rt y T x A s o-, .
STATE OF TEXAS
COUNTY OF HARRIS
BEFORE idE, the undersigned, a Notary Public nand for said County
and State, on this day personally appeared //Y ~ ~~¢1i{~-,P
known to me to be the person sad officer whose name is su scribed to the
Foregoing instrument and acknowledged to me that the same xes the act of
_ the'said RICI.INOND PRODUCTION CREDIT ASSOCIATION, and that he executed the
- sa~a,as the act of such association for the purposes and consideration there-
,•.~ i4--~z~resaed, and in the capacity therein stated.
• :tWwu,::.:.1., .~,
•y•~..~'.,=!':, . r'~`:~,"-,-: day of
~~ ~;.3-,~,-.;,..,~ . GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ~~
a'` J. Junes .~:~•D. 19~j0.
• .. `~.~~'~:.;•~' J.E.Turner, Notary Public in and for Harris County Tex:
•••''~~
-~i;~!~`°`'
STATE OF TEXAS i
)j SS
COUNTY :OF BRAZORIA
s:. ,
.:--%~- -
~I, H.,R. Stevens, Jr., Clerk of the County Court in and for said County, do hereby certify that
=the foregoing instrument with the certificate of authentication was duly recorded on the.-_._-_-.--___7___
- j -_
.day of._ _. ~ , 19.1x_, at./.~o'Z,~.o'clock-I--_M. in Vol.-.....!'~~~---,_ on Page-_____~.~,z. of
~f~ - _ - -
~~the~G~l/J~" DD !~, _~_-.---Records of said Count .
Y
.;
Witnes-s my hand and seal of office at Angleton, Texas,,the day and year last above written.
H. R. STEVENS, JR.,
Clerk, Co my Coutr ~/B zoria unty, Texas
--- -~ ------ ~ -- - - e ut
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~~Y.,.~~
~~~ ~
THE STATE OF TEXAS ~
is ;`~ S~ ~:.
COUNTY OF BRAZORIA ~ ----~=~--~
r
WfiEREAS, by right-of-way agreement dated May, 30, 1950,
H.. S..TROU$pALE and wife,:.ERA G..TROUSDALE, Granted and Conveyed unto
~ ~ ,.
UNITID GAS PIPE LINE COMPANY a certain right-of-way and easement to
construct, maintain and operate a pipe line and appurtenances other than
=f a
structures, plants, and buildings over and through a certain strip of
land out of the following described land situated in Brazoria County,
Texas, to-wit:
All that part of the C. J. Hall Survey, A-215,
South of Clear Creek in Brazoria County, Texas;
96.4.? acres in the Northeast corner of Section 1,
H. T. & B. R. R. Co. Survey, A-310; 320 acres being
the South 1/2 of Section 2, H. T. & B. R. R. Co.
Survey, A-510; 3113 acres being the land generally
referred to as the James (J. H.) Crawley Survey of
320 acres, A-1711; Lot 3, H. T. Rc B. R. R. Co. Survey;
A-310, more fully described in deed from J. W.. Trousdale
et al to H. S. Trousdale recorded in Volume 1t11~ Page 1121
and' Volume 1}~2:, Page ;390, and-Mrs,. El Drew Sampson et,~al _ ..
- ~>'to.`H.:-~•S; ~ Trovfsdalz•reeorfied in Volume Ii33~, Page 120,
Deed Records.'of said County, to which reference i:~~here
made for further description.
The center line of said strip of land over and through which
said easement is granted is as follows:
The center line of the 20' right-of-way shall enter the
East property line approximately 65' North of the Southeast .:
corner of the C, J. Hall Survey, A-215; thence~~in a'
1Vesterltijr direction approximately 11,1130' to a point in
the tifest property line approximately 3,757' 1Qorth of the
Southwest corner of the J. C. Crawley Survey, A-1711;
such easement being limited to a strip of land being fifty feet (50').,.:
in width and lying twenty-five feet (25') on each side•of the center line
described above, for a period terminating when the constion of said
pipe line was completed and thereafter limited to a strip~of land twenty -
feet (20') in width lying ten feet (10') on each side of said center line,
which said right-of vray agreement is recorded in Volume 1179, Page 3011 of
the Deed Records of Brazoria County, Texas, and is made a part hereof for
reference; and
i
i
~'
~--
' ~ ~ ~ .T .
WHEREAS, by agreement dated May 30, 1950, executed by
The Equitable Life Assurance Society of the U. S., H. 5. Trousdale and
wife, Era G. Trousdale, and United Gas Pipe Line Company, and also
The
joined in by Richmond Production Credit Association, the said/Equitable
Life Assurance Society of the U. S. subordinated to the rights of
United Gas Pipe Line Company under said right-of-way deed or agreement
the lien of a certain deed of trust covering the above described land
executed by H. S. Trousdale and wife, Era G. Trousdale, to Edward N. Maher,
Trustee, dated the 24th day of February, 19119, and recorded in Volume 92,
Page 1.158, of the Deed of Trust Records of Brazoria County, Texas, given
to secure the payment of certain indebtedness therein fully described,
and which said subordination agreement, recorded in Volume 482, Page 632
of the Deed Records of Brazoria County, Texas, is made a part hereof by
reference for all purposes; and
WHEREAS, by instrument dated , 1953, and
filed for record in the Deed Records Brazoria County, Texas, under
File No. , H. S. Trousdale and wife, Era G. Trousdale, and
United Gas Pipe Line Company, have amended said right-of-way deed or
agreement dated May 30, 1950, so as to substitute for the description
of the land described therein and the center line of the easement granted
thereby the following described land and center line for said easement,
to-wit:
All that part of the C. J. Hall Survey, A-215, South of
Clear Creek in Brazoria County, Texas; 96.1x7 acres in the
Northeast corner of Section 1, H. T. & B. R. R. Co. Survey,
A-310; 320 acres being the South 1/2 of Section 2, H. T. &
B. R. R. Co. Survey,.A-510; 343 acres being the land generally
referred to as the James (J. H.) Crawley Survey of 320 acres,
A-174; Lot 3, H. T. ~, B. R. R. Co. Survey, A-310, Brazoria
County, Texas,
more fully described in deed from J. W. Trousdale et al
to H. S. Trousdale recorded in Volume 1111, Page 1121 and
Volume 472, Page 390, and in deed from Mrs. E1 Drew Sampson
et al to H. S. Trousdale recorded in Volume 433, Page 120,
Deed Records of said County to which reference is here made
for further description.
Grantee shall have the use of 50~ for construction of the one
pipe line provided for hereunder. After construction, the
right-of-way herein granted for the existing line and one
additional line to be laid shall be 45' in width, such
right-of-vray being located 22.$' on either side of the
following described engineer's survey line across said land,
to-wit:
-2-
5 '~
• :, .,
The center line of lay' right-of-way shall enter the
East property line at a point on the West. right-of way
line of Texas State Highway No. 518, said mint being
75' Plbrth of a 1x" x 1!" concrete monument marking the
Southeast corner; THENCE in a Westerly directions 12.5+
North of and parallel to UNITID GAS PIPE LINE COMPANY+S
existing 21x" pipe line, across the C. J. Hall Survey,
A-215, the H. T. ~ B. R. R. Co. Survey, A-310, the F. B.
Drake Survey A-510 and the James Crawley Survey, A-1711,
a distance of approximately 11,1x32' to a point on the /
West line of the Jas. Crawley Survey, A-17la, as marked by ~//
a fence; said point being 3770+ I4orth of a fence corner
marking the apparent Northwest corner of the Jas. Crawley
Survey, A-171x;
and the said H. S. Trousdale and wife, Era G. Trousdale, granted and
conveyed unto United Gas Pipe Line Compar{y, its successors and assigns,
a right-of-way and easement for one additional pipe line and appurtenances
thereto over and through the above described land for the purposes set out
in said original right-of--way agreement dated Mir 30, 1950, with all
rights provided therein of ingress to and egress from the premises for
the purposes of constructing, inspecting, maintaining, repairing and
replacing the property of United Gas Pipe Line Company therein described
and the removal of same at will, in whole or in part; and
WHEREAS, the said H. S. Trousdale and wife, Era G. Trousdale,
and United Gas Pipe Line Company desire that the lien of the above mentioned
deed of trust executed by H. S. Trousdale and wife, Era G. Trousdale, on
February 21x, 19h9, covering the above described land, and as specifically
referred to hereinabove, be subordinated to the rights of United Gas Pipe Line
Compares, as Grantee, under said above described right-of-way deed and the
The
said amendment thereof, and they~Equitable Life Assurance Society of the U. S.
is willing to execute such subordination under and subject to the terms
and conditions hereinafter set forth.
NOPf, THEREFORE, in consideration of the premises and under and
subject to the conditions hereinafter set out, it is agreed by and between
H. S. Trousdale and wife, Fra G. Trousdale, owners of the hereinabove
described land and grantors in the hereinabove described right-of-way deed
and the amendment thereto, as First Parties; United Gas Pipe Line Company,
grantee in said right=of way deed and in said amendment thereto, as
The
Second Party; and the~Equitable Life Assurance Society of the U. S.,
owner and holder of the indebtedness secured by said deed of trust, as
Third Party, as follows:
-3-
G 1'
1. The Third Party, for and in consideration of Ten Dollars
010.00) to it in hand paid by the Second Party, receipt of which is
hereby acknowledged and confessed, has, and by these presents, does, to
the extent and upon the conditions hereinafter set out, subordinate the
lien of said deed of trust to the rights of tkie Second Party as Grantee
under said right-of-way deed as amended by said instrument of ,
1.
1953. But it is expressly agreed and understood that said lien is ereby
subordinated only to the extent and upon the condition that such sub-
ordination shall in no way affect or impair the lien of said deed of trust
as to the remainder of the security and that the lien of said deed of
trust shall continue as a valid first lien against all the land described
in said deed of trust and all the rights, titles, estates, equities and
• interests in and to the same, save and except only the rights of the
Second Party under said right-of-way deed and amendment thereto.
2. The First and Second Parties, in consideration of the
premises, agree that the subordination of the lien of said deed of trust,
as provided in the preceding paragraph, is limited and conditional and
that if, by reason of ate fact known or unknown or by reason of ar,~y rule
of law or equity, such subordination of said lien should in any way affect
or impair the lien of said deed of trust as to the remainder of the security,
or in event of foreclosure of said lien, prevent the holder of said indebted-
ness from enforcing, or limit its right to enforce the lien of said deed
of trust as a valid first lien against all of the land described in said
deed of trust, and all of the rights, titles, estates, equities and interests
therein, excepting only the rights of Second Party, as Grantee, under said
right-of way deed and amendment thereto, or enforcing personal liability
against any person otherwise liable on said note, then this instrument shall
be null and void and of no effect and the rights of said Second Party, as
Grantee under said right-of-way deed and ame~nent thereto, shall continue,
subject to the lien of said deed of trust, in the same manner and to the
same extent as if this agreement had never been executed.
- 1t -
7
• - _ ..
• - .
3. The First Party, in consideration of the premises, hereby
ratifies, confirms and in legal effect re-executes the above described
deed of trust and the note secured thereby, and promises to pay the
balance of the indebtedness secured by said deed of trust in accordance
with the face and tenor of said note at Dallas, Texas. First Party for
the same consideration, agrees that the consideration paid to them for
. _._. _.___ _-_.. __j,_ _.-
said right-of-w~ deeds and the amendment thereto shall not be considered
farm income under the prepayment privileges granted in the above mentioned
loan instruments, and that prepayments made under said privileges shall not,
during the current and the follovring calendar year, aggregate more than
tarenty per cent (20~) of the face amount of the above mentioned note.
EXECUTID this the=day of ' ;... ~.:~„^` , ,1953.
gd.dr ` ~s
'PAB F~IUITABLE E`• URP.~`.~ t~OOF_ TI'~E U.S.
ATTEST: «'-~ 'o ~ ~ ~ ~,~.
~ _:~
elen B. Taylor -'Ass ~t. Se etary. qq ~ `/ ~1 y;Li~.°" ' . ~ r
i~itneaa: H. S. Trousdale
ra G. Trousdale T
UNITED GAS PIPE LINE C04GPANY
ATTEST
~~ /~ / ~. Vice President
~ _ "~::e ~ .Secretary. G:lntld fs To dorm
~: - :~
. ~`-~
-5-
Y
THE STATE OF TEXAS ~ .
COUNTY OF HARRIS ~
BEFORE 1'1E, the undersigned authority, on this day personally
appeared H. S. TROUSDALE and ERA G. TROUSDALE, 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
consideration therein expressed. And the said Era G. Trousdale, vrife
of H. S. Trousdale, having been examined by me privily and apart from
her husband, and having the same fully explained to her by me, she, the
said Era G. Trousdale, acknowledged such instrument to be her act and
deed, and declared that she had;:willingly signed the same for the purposes
and consideration therein expressed, and that she did not wish to retract
~'' .;
,~`°-~,~ ~ ,~ .., ert. ..
,! :°~ - GIVEN UNDER Its' HAND AND t e rseal of my fic at
~,/ ii3~iarris County, Texas, this the *~ day of , 19 3.
~! ~>
~ ~ - Clarence er
'~ ~' r, ~/ `\ ='%~~ ` o ary blic in and or
•~• _•°"i ~° Harris Count Texas
...,.. ;:,1~~~~~
STATE OF NE9P YORK
COUNTY OF NEP! YORK
BEFORE ME, the undersigned authority, on this day personally
appe R. I. Novell ,the [Vice President
of tk~QUITABLE LIFE ASSURANCE SOCIETY OF THE U.S., a corporation, known
to me to be the person whose name is subscribed to the foregoing instrument
and known to me to be the>~dtVice President of the Equitable Life
Assurance Society of the U. S., a corporation, and acknowledged to me that
he executed said instrument for the purposes and consideration therein
expressed, and as the act and deed of said corporation in the capacity
therein stated.
GIVEN UNDER MY HAND and the seal of my office at New York,
New York County, New York, this the lpth day of September , 1953.
- i'
'°°` afARIfl O'NEILL
_ ! BLS ~f ~~ ` 2dotary Puhhe in State of Hew York ~ ~,~` ~• d~ ~~
J ~ ~alified in :;ices Cm:atq No. 2A-29G5060 Notary b1iC ].t1 and for
- - r ~~ Cer4. filed Y.iss Co. Gi:; s S Revd s Ottice New York County, New York.
- .V pew York Co. Clerk's & Rcgster's Office
- ~ ~Cemmission Expires March 30, 1955
~. .
~ "' ' \.
THE STATE OF LOUISIANA ~
PARISH OF CADDO ~
BEFORE N1E, the undersigned authority, a Notary P~µb~ and for
said Parish and State, on this day personally appeared (~ ,
Vice President of UNITED GAS PIPE LIN° COI~dPANY, known to me to be the parson
whose name is subscribed to the foregoing instrument, and acknowledged to me
that he-executed the same as the act and deed of the said corporation and
-for the purposes and consideration therein expressed and in the capacity
therein stated.
_ ~ - GIVEN UNDER MY HAND and seal of office, this the d~~ day of
. = .~
` , 1953.
- .. f'
//-
_ Aota~hc in and or
Caddo Parish, Louisiana
RAC $, MELTC!N
Notary RrWiC in ana for
_ 6 _ CaCdo Parish, louisinna
9 --~
• •
THE STATE OF TEXAS ~
COUNTY OF HARRIS ~
The undersigned, being the owner and holder of an indebtedness
secured by a Deed of Trust dated June 17, 1949, executed by H. S, Trousdale
and Era G. Trousdale, his wife, in favor of E. A. Jordan, Trustee for
Richmond Production Credit Association, recorded in Deed of Trust, Uol. 95,
Page 230, Brazoria County, Texas, for and in consideration of Ten Dollars
(~v10.00) to it in hand paid by above Second Party, the receipt and adequacy
of which is hereby acknowledged,, does by these presents, subordinate the
lien of said Deed of Trust insofar and only insofar as it affects the rights
of Second Party as grantee under the above described right-cf way deed, also,
for the purpose of inducing the Equitable Life Assurance Society of the U.S.
to execute the foregoing subordination agreement, hereby agrees and consents
to the execution of said instrument by said Society without requiring the
payment of any sum whatsoever upon the indebtedness held by said Society
and secured under the terms of its above mentioned deed of trust and agrees
that the execution of such instrument shall in no wise affect or impair the
lien of said deed of trust against the land described therein and that the
lien of said deed of trust shall continue as a valid first lien, prior in
all respects to any right, title, lien or interest of the undersigned in or
to said lien.
.~u=LL+~~, RICHP±OI~ID PRODUCTION CRIDIT ASSOCIATION
;`
e+\ , . ~°a
~
`
_
-- ti ~:. Secret -Treasurer
t-" ': ~s
~'tTF1ST
' RICHMOND P ODJU~C'TION ~CRID~ ASSOCIATION
;
~ ~
~ f .~a,
~ f/11
~~ 4YQ,FaI~t~V
=
d President
Secretary.
THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned, a Notary Public in and for said County
and State, on this day personally appeared * p~, K '~ (ao a q~i s
known to me to be the person and officer whose name is subscribed t he
foregoing instrument and acknowledged to me that the same was the act of the
said Richmond Production Credit Association, and that he executed the same as
the act of such association for the purposes and consideration therein
expressed, and in the capacity therein stated.
MY HAND and seal of office this the~L~day of
~,~, D., 195.. l~!
. /~iarris County Texas.
e\ j,~ '
-7-
/v ~-~'
• ~ ,
THE STATE OF TEXAS ~ --
COUNTY OF HARRIS ~
BEFORE AdE, the undersigned, a Notary Publ'c in and or said
County and State, on this day personally appeared~~ ~ ~, ,
known to me to be the person and officer whose name is subscribed tot e
foregoing instrument and aclmowledged to me that the same was the act of the
said Richmond Production Credit Association, and that he executed the same as
the act of such association for the purposes and consideration therein expressed,
and in the capacity therein stated.
GIVEN UNDE~t A®C HAND AZi~D SEAL OF OFFICE this the-day of`~~~~~~,
A, D,, 1953.
~~• • ~~~, Notary `blic in and for
~~- ~'~ ~, Harris County, Texas.
I ,~:
~`~ ° ,-
THE STATE OF TEXAS
Gounry of Brazoria 1, H.1t.5~LV@1~9 jt,Ueck of the County Coui!
:n and for said County, do hereby ceriify chat the foresOing insc[umenc with
-he c ~'fac~e e of our endcanoo..7w7u duly recorded onr.day
ofG~~L19Y °t~ `~so'clotk- M,in
Vol. ?~~on page°z~f the~~^ T--~
Records for said County.
CJirnrss my-hood end sal of office at Angleton, Tern, the day and yeas
c~ :JO'e ,,,mitten.
' `y - H. R ST$VE_N5. JR,
~:
=~ CkikiGounq Courc, Hrna is Co., Texaa
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