Preview
NO. 11-05-05613-CV
KENT R. TWYMAN AND DIANNE § IN THE DISTRICT COURT ©
E. YOUNT
vs. § MONTGOMERY COUNTY, TEXAS
JAMES M. CURRY § 359TH JUDICIAL DISTRICT
DEFENDANTS’ TRADITIONAL MOTION FOR SUMMARY JUDGMENT.
AND NO-EVIDENCE MOTION FOR SUMMARY JUDGMENT
CONCERNING EASEMENT BY ESTOPPEL
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, James M. Curry, Defendant in the above styled and numbered cause of
action, and JAMES M. CURRY, TRUSTEE for the JAMES M. CURRY REVOCABLE LIVING
TRUST, (“Curry Trustee”), and the JAMES M. CURRY REVOCABLE LIVING TRUST, (the
“Trust”), hereinafter collectively referred to as “Defendants”, and pursuant 1o Rule 166a. and. or
Rule 166a.(1) of the Texas Rules of Civil Procedure, files this Defendants’ Traditional Motion for
Summary Judgment and No-Evidence Motion for Summary Judgment Concerning Easement by
Estoppel, against Plaintiffs and Intervenors, hereinafter collectively referred to as “Plaintiffs”, and
in support thereof would show the court the following:
I.
FACTS COMMON TO ALL CLAIMS
1. Defendants hereby incorporates the real estate documents filed of record in this case,
some and/or all of which affect the property in question in this lawsuit, as if same were set forth
verbatim herein. Said real estate documents are discussed more fully in Exhibit “1" attached hereto,
which is incorporated herein by reference for all purposes as if fully set forth verbatim herein. More
specifically, and for purposes of this Motion, there are ten Deeds relevant to an “easement by
estoppel”, which are included in Exhibit “1" as follows:
daNNVoOsOn September 25, 1974, Nick Snow and Marion C. Snow conveyed 0.094 and 0,048
acres out of their 1.451 acres out of Tract S-7 to M. C. Curry, Jr., by deed recorded in
Volume 881, Page 275 of the Deed Records of Montgomery County, Texas (hereinafter
referred to as the “M. C. Curry Deed”). A true and correct copy of said M. C. Curry
Deed is attached hereto as Exhibit “A” (included in Exhibit “1" attached hereto) and
is incorporated heretn by reference for all purposes as if fully set forth verbatim herein.
On September 25, 1974, Nick Snow and Marion C. Snow conveyed 0.094 acres and
0.053 acres out of the 1.451 acres out of Tract S-7 to H. E. Nelson, by deed recorded in
Volume 881, Page 279 of the Deed Records of Montgomery County, Texas (heremafter
referred to as the “Nelson Deed”). A true and correct copy of said Nelson Deed is
attached hereto as Exhibit “B’"(included in Exhibit “1" attached hereto) and is
imcorporated herein by reference for all purposes as if fully set forth verbatim herein.
On September 25, 1974, Nick Snow conveyed a 21' wide road easement, as “... a private
right of way and easement ...” (Emphasis added) to M. C. Curry, Jr. and H. E. Nelson
out of Tract S-8, by deed recorded in Volume 881, Page 283 of the Deed Records of
Montgomery County, Texas (hereinafter referred to as the “Road Easement Deed”).
This private road easement is the subject of this suit and is commonly referred to by
Plaintiffs as “Boot Hill Road”. In addition, this private road easement is perpendicular
to and joins the 21 foot easement created in the Snow Partition Deed (See Fxhibit “1
a”) that can be used by owners of Tract S-7 and S-8 to the south of Tract S-8 and S-7,
commonly referred to as “Snow Lane”, which is not is dispute in this suit. A true and
correct copy of said Road Easement Deed is attached hereto as Exhibit “C” (includedin Exhibit “1" attached hereto) and is incorporated herein by reference for all purposes
as if fully set forth verbatim herem.
On November 5, 1976, Nick Snow conveyed 0.1848 acres out of the 4 29 acres out of
Tract S-8 to Kent R. Twyman and wife Evalyn J., by deed recorded in Volume 964, Page
82 of the Deed Records of Montgomery County, Texas (hereinafter referred to as the “1
Kent Twyman Deed”). This was the first conveyance of land to Plaintiff Kent R.
Twyman. A true and correct copy of said I* Kent Twyman Deed is attached hereto as
Exhibit “D” and is incorporated herein by reference for all purposes as if fully set forth
verbatim herein.
By General Warranty Deed recorded on January 10, 2002, under Clerk’s File No. 2002-
003290, in the Real Property Records of Montgomery County, Texas, Nick Snow and
Marian Snow conveyed 9,450 square feet out of the 4.29 acres out of Tract S-8 to Kent
R. Twyman (hereinafter referred to as the “2"' Kent Twyman Deed”). This was the
second conveyance of land to Plaintiff Kent R. Twyman. A true and correct copy of said
2" Kent Twyman Deed ts attached hereto as Exhibit “E” and is incorporated herein by
reference for all purposes as if fully set forth verbatim herein.
By General Warranty Deed recorded on January 10, 2002, under Clerk’s File No. 2002-
003291, in the Real Property Records of Montgomery County, Texas, Nick Snow and
Marian Snow conveyed 29,875 square feet out of the 4.29 acres out of Tract S-8 to Jerel
Twyman and Sandra Twyman (hereinafter referred to as the “1* Jerel Twyman Deed”).
This was the first conveyance of land to Intervenors Jerel Twyman and Sandra Twyman.
Atrue and correct copy of said 1" Jerel Twyman Deed is attached hereto as Exhibit “F”
and 1s incorporated herein by reference for all purposes as if fully set forth verbatim
herein.By General Warranty Deed recorded November 24, 2003, under County Clerk’s File No.
2003-143949, in the Real Property Records of Montgomery County, Texas, Nick Snow
and Marian Snow conveyed 0.471 acres to James M. Curry out of Tract $-8, in which no.
10 made an exception to the Road Easement Deed, but also referenced that same was
subject to the rights of third parties (hereinafter referred to as the “James Curry Deed”).
A true and correct copy of said James Curry Deed 1s attached hereto as Exhibit “G”
(included in Exhibit “1" attached hereto) and 1s mcorporated herein by reference for all
purposes as if fully set forth verbatim herein.
By Warranty Deed recorded on May 30, 2006, under Clerk’s File No. 2006-059277, in
the Real Property Records of Montgomery County, Texas, Nick Snow conveyed Tract
I, containing 0,223 acres, and Tract II, contaming 1.753 acres, out of the 4.29 acres out
of Tract $-8 to Jerel Twyman and Sandra Twyman (hereinafter referred to as the “2nd
Jerel Twyman Deed”). This was the second conveyance of land to Intervenors Jerel
Twyman and Sandra Twyman. A true and correct copy of said 2™ Jerel Twyman Deed
is attached hereto as Exhibit “H’” and ts incorporated herein by reference for all
purposes as if fully set forth verbatim herein.
By Warranty Deed recorded on May 30, 2006, under Clerk’s File No. 2006-059278, in
the Real Property Records of Montgomery County, Texas, Nick Snow conveyed Tract
I, containing 0.136 acres, Tract II, containing 0.786 acres and Tract III, containing 0.945
acres, to Kent R. Twyman and Dianne Yount (hereinafter referred to as the “3"' Kent
Twyman Deed”). This was the third conveyance of land to Plaintiff Kent R. Twyman.
A true and correct copy of said 3 Kent Twyman Deed is attached hereto as Exhibit “I”
and 1s incorporated herein by reference for all purposes as if fully set forth verbatim
herein.j. By Correction General Warranty Deed recorded July 26, 2013, under Clerk’s File No.
2013-080955, in the Real Property Records of Montgomery County, Texas, James M.
Curry correctly conveyed the 0.0471 acres, to the Trust and Curry Trustee, which
corrected the exception in the original deed to the private road easement to exclude the
rights of third parties (hereinafter referred to as the “Correction James Curry Deed”).
A true and correct copy of said Correction James Curry Deed is attached hereto as
Exhibit “J” (included in Exhibit 1" attached hereto) and is incorporated herein by
reference for all purposes as if fully set forth verbatim herein.
2. Originally, Nick Snow was awarded a parcel of land in a partition of farmland once
owned by Mr. Snow’s ancestor, Tony Snow, who, at the time of his death in 1949, owned
approximately 135 acres in northwest Montgomery County, Texas. Tony Snow’s land was
rectangular in shape with the long edge running generally East and West, with a creek running
through the middle, also generally from the East to the West. The creek and its shoreline was
ultimately incorporated into Lake Conroe, and the remaining Snow property was divided into two
portions, one North and one South of the lake. This suit involves only land out of the Southern
portion, about 38 acres. In the partition of the Southern part of the Tony Snow property (called the
“Snow Partition Deed”), nine lots were created, each composed of 4.29 acres, and each with its
northern boundary on Lake Conroe and its southern boundary along the southern boundary of the
Snow Partition Deed. Included in the Snow Partition Deed was an access easement for all of the
lots, being 21 feet wide, running east and west along and inside the southern boundary of the
southern partition of 38 acres. The Snow Partition Deed expressly provided ingress and egress for
each of the nine lots of the Southern portion of the Snow Partition Deed over Snow Lane (not the
subject of this suit), which was directly connected to a public road called “Longstreet Road West”.“inquired as to how he was to have ingress and egress into said property. Nick Snow indicated
verbally and in writing that Plaintiff would have rights of ingress and egress to and from Plaintiffs’
property across Boot Hill Road.” There is no explanation of Nick Snow’s role in making these
statements, other than possibly his interest in making more lot sales to the Plaintiffs and the
Intervenors, and avoiding his duties under the doctrine of Easement by Way of Necessity, set forth
above. Plaintiff alleged his belief in these statements and said he had relied upon those written and
verbal statements made by Nick Snow, and purchased property reflected in Nick Snow’s deed.
These allegations describe only a small part of the situation: The Plaintiffs purchased their first tract
from Nick Snow in 1976, just two years after Nick Snow had conveyed Boot Hill Road and other
property to M. C. Curry and H. E. Nelson.
5. The Plaintiffs’ first purchase was located in the northwestern corner of Lot S-8, not at
all adjacent to Boot Hill Road, which ran along the eastern edge of Lot S-8, with Nick Snow owning
all of the intervening land, but Nick Snow conveyed no easement over any of his land either East to
Boot Hill Road or South over other property belonging to Nick Snow down to Snow Lane. Asa
result, at that time, Nick Snow did not have to suffer any roads or express or implied easements over
his property for the benefit of his new purchasers, the Plaintiffs and the Intervenors. Likewise, the
Intervener, Jerel Twyman, plead similar things: based on Nick Snow’s statements, he believed he
owned a right to Boot Hill Road, even though Nick Snow never tendered any deed. Nowhere 1s there
any explanation.
6. The Plaintiffs’ and Intervenors’ pleadings state that the only communications ever made
to them that Boot Hill Road would be available for the Plaintiffs and Intervenors to use for acccss
to and from their properties were those made by their seller, Nick Snow. Their pleadings gave no
instance of their having believed or relied upon any similar statements or representations made byremainder of his land!),
f. how anything the Defendant may have said that was false or how his silence may have
amounted to being false or misleading,
g. what the Defendant was asked to do,
h. about Nick Snow’s role in the road repairs, or
i, how any silence of the Defendant, James Curry, worked to induce the Plaintiffs and the
Intervenors to take action and to spend money on Boot Hill Road to their detnment.
9. There is no evidence of an agent/principal relationship between Nick Snow and the
Defendant, or that somehow the Defendant had authorized Nick Snow to speak for the Defendant
on any matter pertaining to the Plaintiffs and the Intervenors, or anything else that would apprise the
Plaintiffs and Intervenors that Nick Snow would be speaking for the Defendant. Boot Hill Road
may have been the only road near the Plaintiffs’ properties, but it certainly was not the only easement
that was lawfully available to the Plaintiffs and Intervenors. There is no evidence that the Plaintiffs
and the Intervenors ever inquire of any other remedies available to them under the law. Furthermore,
there is no evidence that identifies when wrongful statements were made, particularly in relation to
the date the Plaintiffs actually purchased their tracts, or whether or not at that time the Defendant
actually owned any part of the land or the road, or how Nick Snow may have responded about
anything the Defendant may have said.
10. In this case, none of the pleading made in the nature of estoppel do the Plaintiffs or the
Intervenors ever indicate that they knew that in 1974 Nick Snow had conveyed Boot Hill Road to
M. C. Curry and H. E. Nelson without reservation of any right to convey additional easements over
that road.negligent, estoppel is not defeated by failure to discover the truth. Of course, any party
without knowledge could almost invariably ascertain the truth with sufficient diligent
inquiry, but the law does not require such inquiry where there is no reason to be
suspicious and there is no negligence. See Cooper Petroleum Company v. LaGloria Oil
and Gas Company, supra, in which a simple telephone call would have led to
ascertainment of the truth, but LaGloria reasonably relied on the representations which
made no such inquiry appear necessary. A telephone call from the misled party would
have sufficed, but the question was to determine which party had the duty to make the
call. The court in Cooper Petroleum placed the duty on the party possessing the
knowledge. Simularly, the method by which Davis dealt with the Grays in 1974 was no
different from that of prior years, and therefore, there was nothing to trigger any
suspicion or apparent need to verify the truth of Davis' representations or to investigate
the lack of communication from Traylor. We conclude that the duty to make the
telephone call or other contact rested on Traylor. (Emphasis added).
“In the context of estoppel by silence, the fourth element [intention that the concealment
‘be acted upon) is met by turpitude or negligence on the part of the party to be estopped.
Cooper Petroleum v, LaGloria Oul and Gas Company, 436 8.W.2d 889 (Tex. 1969);
Champlin Oil & Refining Company v. Chastain, 403 S$.W.2d 376 (Tex.Sup.1965);
Humble Oil & Refinmg Co. vy Trapp, supra. In special issue 8, the jury found Atkins
was negligent in his failure to notify the Grays. In points of error 13 and 14, Traylor
contends there is no evidence or insufficient evidence to sustain this finding. ...
The final element of estoppel requires detrrmental reliance on the concealed fact ora
change of position, These elements are discussed at length in Petroleum Anchor17.
Equipment, Inc. v. Tyra, 419 S.W.2d 829, 833-34 (Tex.Sup.1967). See also Concord
Oil Co. v. Alco Oul and Gas Corp., 387 8.W.2d 635, 639-41 (Tex.Sup 1965); Ybanez
v. Anchor Constructors, Inc., 489 S.W.2d 730, 735-36 (Tex. Civ. App. Corpus Chnsti
1972, writ refd n.re.).
“The representations plus the execution of the Traylor confirmation form comprised a
promise by Davis that Traylor would purchase the Grays’ cotton. When Atkins learned
of this promise that had been made in Traylor's behalf, it was his duty under the
circumstances to take reasonable steps to notify the Grays of the true facts. Any
detrimental change of position on the part of the Grays in reliance upon Traylor's failure
to speak would thus estop Traylor from denying Davis' authority. Cooper Petroleum v.
LaGloria Oil and Gas Company, supra. See Restatement (Second) Agency § 8B. See
also Champlin Oil and Refining Company v. Chastain, supra, A. R. Clark Investment
Company v. Green, supra; Johnson v. Sovereign Camp, W.O.W., supra; and Burnett v.
Atteberry, supra.” (Emphasis added).
In fact, the only evidence of what the Plaintiffs and Intervenors did andor didn’t do as
to the road in question is set forth in excerpts from the deposition of Plaintiff Kent Twyman, pages
46 - 57, true and correct copies of which are attached hereto as Exhibit “5" and are incorporated
herein by reference for all purposes as if fully set forth verbatim herein.
18.
Due to the above, there is no evidence the Plaintiffs and Intervenors have produced
and/or can produce to support that they are entitled to an easement by estoppel against
Defendants that:
Defendants had any duty to Plaintiffs or Intervenors;verdict, based on a party’s assertion that there is no evidence of one or more essential elements of
the opposing party’s claim or defense. Welch vs. Coca Cola Enterprises, Inc., 36 S.W.3d 532-537
(Tex. App. - Tyler 2000, pet. with'd). The specification of each challenged element, and the good
faith assertion that no evidence supports that element, places the burden on the opposing party to
produce summary judgment evidence raising a genume issue of material fact. A no-evidence
summary judgment is properly granted if the non-movant fails to present more than a scintilla of
probative evidence to raise a genuine issue of material fact as to an essential element to the
respondent’s case. See Specialty Retailers, Inc. vs, Fuqua, 21 S.W.3d 140, 147 (Tex. App. - Houston
[14" Dist.] 2000, no pet.); McClure vs. Attebury, 20 S.W.3d 722, 727 (Tex. App. - Amarillo 1999,
no pet.). Less than a scintilla of evidence exists when the evidence is so weak than it does no more
than create a mere suspicion of fact. Specialty Retailers, Inc., 29 $.W.3d at 147. On the other hand,
more than a scintilla of evidence is found when the evidence “rises to a level that would enable
reasonable and fair minded people to differ in their conclusions”.
2. Ano-evidence motion for summary judgment can be filed only after adequate tune for
discovery under the Texas Rules for Civil Procedure 166a(i) A no-evidence motion for summary
judgment may properly be filed and granted before the end of discovery. Gourrier vs. Joe Meyers
Motors, Inc., 78 S.W.3d 651 (Tex. App. - Houston, [14" Dist.] 2002, no pet.). An adequate time for
discovery has passed in this case.
Iv.
PLAINTIFF'S SUMMARY JUDGMENT EVIDENCE AND EXHIBITS
1. Pursuant to Rule 166a. of the Texas Rules of Civil Procedure, Defendants hereby give
notice of intent to use as his Summary Judgment evidence the following:vou aBL nce 282
forever, and we do hereby bind ourselves, our heirs, executors and
administrators, to warrant and forever defend, all and singular, 1
the said premises unto the said H. E. NELSON, his heirs and assigns,
against every person whomsoever lawfully claiming, or to claim the
same, or any part thereof.
WITNESS OUR HANDS at Conroe, Texas, this 2% s“—day of
September, 1974,
nanan G, Aweer~
MARIAN C, SNOW
STATE OF TEXAS
COUNTY OF
“ARRAS
BEFORE ME, the undersigned authority, on this day personally
appeared NICK J, SNOW, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that .
he executed the same for the purposes and consideration therein
expressed.
=puuy, GIVEN UNDER MY HAND AND SEAL OF OFFICE, this -7.c “day of
‘Seftenber, 1974, Sects _
Se ep '
Notary Public in and “tor
Mertgomeny County, Texas
AAERIS |
ions
Ms,
COUNTY OF ae {
BEFORE ME, the undersigned authority, on this day personally
appeared MARIAN C, SNOW, known to me to be the person whose name is |
subseribed to the foregoing instrument, and acknowledged to me that
she executed the same for the purposes and consideration therein
expressed,
- GIVEN. YNDER MY HAND AND SEAL OF OFFICE, this_2_.f~day of
amber’; 1974,
On eee
Notary Public in and for
Mentryowery County, Texas
HPRREE
ried tor Revo tote LEW 7rbor ma
Clerk County Court, Momipomery Ce,, Tear dy
{hereby verbty that ths is a true ard correct
Sopy oF tha origina) record oF file in My ottice.
\
(
Mark Turnbull, County.clerk— —— =
Montgomory County, Texas3S0d
Frepared by the State Bar of Texat for use by Lawyent only.
Otlce
To select ise proper form, fil in blank ypeces, strike out form provisions te lasert
ent prope fo ne Son ae beg
practice Kio “sanderd form’ a 4
7634409 nemo “t, O64 82 Ds
. WARRANTY DEED WITH VENDOR’S LIEN
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF MONTGOMERY
That I, NICK g. SNOW,
of the County of Harri and State of Texas, for and
In consideration of the sum of -+eeeewemes~TEN AND NO/100 ($10.00) +2e-==--- DOLLARS.
and other vatuable consideration to the undersigned paid by the grantees herein named, the receipt of
which is hereby acknowledged, and the further consideration of the execution and delivery
by grantees of their one certain promissory note of even date herewith,
in the principal sum of THIRTEEN THOUSAND AND NO/100 ($13,000.00),
payable to the order of Grantor in monthly installments and bearing
interest as therein provided, containing the usual clauses providing
for acceleration of maturity and for attorney's fees;
the payment of which note is secured by the vendor's lien herei retained, and dsadditionally secured by a deed of
thust of even dete herewith to PATRICK A, GREEN Trustee,
have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto
KENT R, TWYMAN and wife, EVALYN J,
ofthe County of Harris and State of Texas
all of the following described rest
Property in Montgomery County, Texas, to-wit:
BEING the surface only of 0,1848 acres of land in the William Wier
Survey ,A-42, Montgomery County, Texas, and being out of N. J. Snow
4,29 acre Tract 5-8 by deed recorded in Volume 593, at page 186, of
the County Deed Records, said 0,1948 acres described as follows:
1 Se t
[hereby certify thal this s a true aed correct
copy of the ongina, record on te In my offices.
EXHIBIT “_|>__*EXHIBIT “
to
Ce
003-10-2277
2002-003290
ENERAL WA NTY DEED
DATE: January 9, 2002
GranTor: _N. J. Snow and Marian Snow, husband and wife
GRANTOR'S MAILING ADDRESS:
13242 Snow Lane
Willis, TX 77378
Montgomery County
GRANTEE; — Kent R. Twyman.
GRANTEE'S MAILING ADDRESS:
1746 Rice Blvd,
Houston, TX 77005
Harzis County
CONSIDERATION:
Love of and affection for Grantee,
PROPERTY (INCLUDING ANY IMPROVEMENTS):
BEING 9,450 square feet of land in the William Weir Survey, A-42,
Montgomery County, Texas and being out of Nick J, Snow 4.29 acre
Tract S-8 as described in deed recorded in Volume 593, Page 186 of
Montgomery County Deed Records (MCDR), said 9,450 square feet
being more particularly described in Exhibit "A" attached hereto and
incorporated herein.
RESERVATIONS FROM CONVEYANCE:
SAVE & EXCEPT, and there is hereby reserved unto Grantors, their heirs and assigns, all
mterest in the ol, gas and other minerals in and under and that may be produced from the above
property,
Grantor waives the right of ingress and egress to and from the surface of the Property relating
to the portion of the mineral estate owned by Grantor.
Swow GeNeRat WARRANTY DEED
(hereby certify that this is a true and correct
‘copy of the original record on file in my office
lark Tumbull, County Clerk
Montuomery County, Texas
by JC. Deputy
Issued ~2F +S.
PAGE | OF 3003-10-2278
EXCEPTIONS TO CONVEYANCE AND WARRANTY:
All validly existing easements, rights-of-way, and prescnptive rights, whether of record or
not; all presently recorded and validly existing restrictions, reservations, covenants, conditions, oii
and gas leases, mmeral interests, and other instruments, other than conveyances of the surface fee
estate, that affect the Property; validly existing rights of adjowning owners mm any walls and fences
situated on a common boundary, any discrepancies, conflicts, or shortages in area or boundary lines,
any encroachments or overlapping of improvements; and taxes for 2002, which Grantee assumes and
agrees to pay, and subsequent assessments for that and prior years due to change in land usage,
ownership, or both, the payment of which Grantee assumes,
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
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 way belonging, to have and to hold
it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and
Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee
and Grantee's heirs, successors, and assigns against every person whomsocver lawfully claiming or
to claim the same or any part thereof, except as to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty.
As amaterial part of the Consideration for this deed, Grantor and Grantee agree that Grantee
is taking the Property "AS 1S" with any and all latent and patent defects and that there is no
warranty by Grantor that the Property has a particular financial value or is fit for a particular purpose.
Grantee acknowledges and stipulates that Grantee is not relying on any representation, statement,
or other assertion with respect to the Property condition but is relying on Grantee's examination of
the Property. Grantee takes the Property with the express understanding and stipulation that there
are go express or implied warranties except for limited warranties of tle set forth in this deed.
When the context requires, smgular nouns and pronouns include the plural,
1
V,
N. J. Snow
“
6
bedtegn.
Ye OU eee
MARIAN SNOW
‘SwoW GENERAL WARRANTY Deeb PAGE 2 OF 3
{hereby certify that this Is a true and correct
copy of the original record on file in my office.
Mark Tumbutl, County Clerk
Montgomery County, Texas
by FC. Bizarre. Deputy
Issued G- AF “LlSTATE OF TEXAS §
§
COUNTY OF MONTGOMERY §
003-10-2279
This instrament was acknowledged before me on January 9, 2002, by N. J. Snow and Marian
Lf,
PATRICK A. GREEN GFE Fe LE LE C a
Snow
AFTER RECORDING RETURN TO:
GREEN & GREEN, P.C.
104 W. Davis
CONROE, TX 77301,
TEL: (936) 756-4545
FAX: (936) 756-4579
* Notary Public, State of Texas
SNOW GENERAL WARRANTY DEED
(hereby certify that this ts a true and correct
Copy of the original record on fle in my office
Mark Turnbull, County Clerk
Montgomery County, Texas
by ZC. Deerous Deputy
Issued F220
PAGE3 OF 3EXHIBIT “__-
2002-00329 003-10-2282
GENERAL WARRANTY DEED
DATE: January 9, 2002
GRANTOR: —_N.J. Snow and Marian Snow, husband and wife
GRANTOR'S MAILING ADDRESS:
13242 Snow Lane
Willis, TX 77378
Montgomery County
GRANTEE: —_ Jere] Twyman and Sandra Twyman, husband and wife
GRANTEE'S MAILING ADDRESS:
4602 Laurel
Bellaire, TX 77401
Harris County
CONSIDERATION:
Cash and other good and valuable consideration
PROPERTY (INCLUDING ANY IMPROVEMENTS)?
BEING 29,875 square feet of land in the William Weir Survey, A-42,
Montgomery County, Texas and being out of the Nick J Snow 4,29
acre Tract S-8 as described in deed recorded in Volume 593, Page
186 of Montgomery County Deed Records (MCDR), said 29,875
square feet being more particularly described in Exhibit “A” attached
hereto and incorporated herein.
RESERVATIONS FROM CONVEYANCE:
SAVE & EXCEPT, and there is hereby reserved unto Grantors, their heirs and assigns, all
interest in the oil, gas and other minerals in and under and that may be produced from the above
property
Grantor waives the right of ingress and egress to and from the surface of the Property relating
ta the portion of the mineral estate owned by Grantor,
Saw GENERAL WARRANTY DEED PAGE 1 OF 3
Thereby certify that this ts a true and correct
Copy of the original record on file in my office,
\003~10-2283
EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Ail validly existing easements, rights-of-way, and prescriptive rights, whether of record or
not; all presently recorded and validly existing restrictions, reservations, covenants, conditions, o1!
and gas leases, mineral interests, and other instruments, other than conveyances of the surface fee
estate, that affect the Property; validly existing rights of adjoining owners in any walls and fences
situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines,
any encroachments or overlapping of improvements; and taxes for 2002, which Grantee assumes and
agrees to pay, and subsequent assessments for that and prior years due to change in land usage,
ownership, or both, the payment of which Grantee assumes.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together
with ail and singular the rights and appurtenances thereto in any way belonging, to have and to hold
it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and
Grantor's heirs and successors {o warrant and forever defend all and singular the Property to Grantee
and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claming or
to claim the same or any part thereof, except as to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty.
Asa material part of the Consideration for this deed, Grantor and Grantee agree that Grantee
is taking the Property "AS IS" with any and all latent and patent defects and that there 1s no
warranty by Grantor that the Property has a particular financial value or is fit for a particular purpose,
Grantee acknowledges and stipulates that Grantee is not relying on any representation, statement,
or other assertion with respect to the Property condition bat is relying on Grantee's examination of
the Property. Grantee takes the Property with the express understanding and stipulation that there
ate no express or implied warranties except for limited warranties of title set forth in this deed,
‘When the context requires, singular nouns and pronouns include the plural
MARIAN SNOW
SNOW GENERAL WARRANTY DEED PAGE 2 OF 3
Thereby certify that this is a true and correct
copy of the original record on file in my office.003-10-2284
STATE OF TEXAS §
§
COUNTY OF MONTGOMERY §
This instrument was acknowledged before me on January 9, 2002, by NJ. Snow and Manan
Snow
+?
ME] Lo TE Fa
PATRICK A. GREEN Notary Public, State of Texas
AFTER RECORDING RETURN TO:
GREEN & GREEN, P.C,
104 W. Davis
Conor, Tx 77301
TEL: (936) 756-4545
FAX; (936) 756-4579
Snow GENERAL Warranty DEED PAGE 3 OF 3
Thereby certify that this is a true and correct
copy of the original record on file in my office.CO3-10-2285
October 2, 200!
METES AND BOUNDS DESCRIPTION
Exhibit @”
Page | of! Page
BEING 29,875 square feet of land in the William Wout Survey, A-42, Montgomery County, Texas aud being out of
Nick J. Snow 4.29 acre Tract S-8 as described in deed recarded in Volume 593, Page 186 of Montgomery County
Deed Records (MCDR), said 9450 squtre feet being more particularly described as follows;
COMMENCING at a 5/8” iron rod found for the beginning point of a boundary ine agreement as described in,
instrument recorded under film code #109-01-2183 of the Real Property Records of Montgomery County, Texas
(RPRMCT) and the agreed upon northwest corner of said 4.29 acre Tract S-8 and the northeast comer of Charles
R. Dowell 0.4814 acre tract described in deed recorded under film code #109-01-2183 RPRMCT;
THENCE §,13°30"44"W., along said agreed line 49 93 feet to « 1/2” iron rod fixend marking the northwest comer
of Kent W. Twyman 0.1848 acre tract described in deed recorded in Volume 964, Page 2 of Montgomesy County
Deed Records (MCDR);
THENCE N.86°00' 19", crossing said 4,29 acre Tract $-8 for a distance of 95.62 feet to a capped 1/2” iron rod
set for the northwest corner of and POINT OF BEGINNING of herein described tract,
THENCE N 86°00’ 19"E., continuing across said 4.29 acre Tract S-8 for a distance of 146.73 feet to a P.K. nail
and marked disc set for the northeast comer of herein described tract in the west line of a 21" wide roadway
easement described in instrument recorded 1n Volume 88), Page 283 MCDR
THENCE 5 14°07°10"W,, continuing acruss said 4.29 acre Tract S-8 and along the west line of said roadway
eagernent for a distance of 225 34 feet to a capped 1/2" tron rod set for the southeast comer of herein described
tract,
‘THENCE N.84°55°16"W., continuing across said 4.29 acre Tract S-8 for a distance of 142.05 fect to a capped 1/2”
inci rod set for the southwest comer af herein described tract;
THENCE N.14°21'16"E., continuing across saxd 4.29 acre Tract S-8 for a distance af 202 04 feet to the POINT OF
BEGINNING and containing 29,875 square feet of land.
‘This descripaco was prepared m conjunction wth « bouedary survey acd plat prepared ths deus by C& G Land Surveyors to winch fartber tefeeenoe
18 heroby tuade rhe
‘entries docwmsents29875 Square Foot Tract a“
EXHIBIT "A"
Thereby certify that this ts a true and correct
copy of the original record on file in my office2 003-110-2286
FILED FOR RecORD
202 JAN JD PML: ob
Poa AM
CouNT¥ CLERK
MONTGOVEFY COUNTY, TEXAS
Pha bebll
County Clark
Montgorsery County, Teas
RECORDER'S MEMORANDUM
At the Ome of recordation, this instrument was
found « he wadequete far the best procogrts
ph “eproont.on because of 1 Jegrbusty, carbon
ur photo capy, discalored paper, ete All black»
outs, addons and changes were present at the
time the instument was fi ed and recorded.
‘hereby certlty that this is a true ang correct
copy of the original record on file in my office,~ 470-10-0149
6
2003-143940 GENERAL WARRANTY DEED \
Date: November 20, 2003
Grantor: NICK J SNOW, Individually and as Agent and Attorney-in-Fact for MARIAN C. SNOW
Grantor's Mailing Address (including county):
13242 Snow Lane
Wilks, TX 77318
Montgomery County, Texas
Grantee: JAMES MICHAEL CURRY
Grantee's Mailing Address (including county):
13316 Soow Lane
Willis, TX 77318
Montgomery County, Texas
Consideration: TEN AND NO/100 DOLLARS and other good and valuable consideration
Property (including any improvements):
Being 0 474 acres of land, more or less, out of a 4.29 acre tract known as Tract $-8 and a 1.451 acre
tract out of a 4.29 acre tract known as Tract S-7 of the Snow Partition in the William Weir Survey,
A-42, Montgomery County, Texas, said 0.471 acre tract being more particularly described by metes
and bounds attached hereto as Exhibit“A” and made a part hereof for all purposes
Reservations From Conveyance;
SAVE & EXCEPT, and there is hereby reserved unto Grantors, their heirs and assigns, all interest
in the oil, gas and other minerals in and under and that may be produced from the above property
Grantor waives the right of ingress and egress to and from the surface of the Property relating to the
portion of the mineral estate owned by Grantor.
Exceptions to Conveyance and Warranty:
1, Easements, rights-of-way, and prescriptive rights, whether of record or not, all presently
recorded instruments, other than liens and conveyances, that affect the property; taxes for
‘the current year, the payment of which Grantee assumes, and subsequent assessments for
the current and prior years due to change in land usage, ownership, or both, the payment of
which Grantes assumes,
2. Terms, conditions, stipulations and restrictions as set out in instrument creating a restricted
water quality zone, dated November 20, 1970, executed by Texas Water Quality Board and
San Jacinto River Authority, recorded in Volume 741, Page 445 of the Deed Records of
Page {of 4
Thereby certify that this is a true and correct
copy of the orlginat record on file in my office
fi
EXHIBIT « 4 »22.
Thereby certify that this is a true and correct
470=10-0150
Montgomery County, Texas; said instrument having been amended by Order of the Texas
Water Quality Board, bearing Order No. 76-{2i6-4, dated December 16, 1976; and being
further amended by Order of the San Jacinto River Authority and the Texas Water
Commission, issued on February 12, 1988, as contained in 13 Tex Reg. [004,
Terms, provisions and conditions, together with waiver of damages, as set out in Deed from
Nick J. Snow and wife, Marian Snow to San Jacinto River Authority, dated August 31,
1964, recorded in Volume 581, Page 574 of the Deed Records of Montgomery County,
Texas
Terms, provisions and conditions, together with waiver of damages, as set out in Deed from
Christine S. Holik and husband, C. { Holik to San Jacinto River Authority, dated
September 15, 1964, recorded in Volume 581, Page 582 of the Deed Records of
Montgomery County, Texas,
Terms, provisions and conditions, together wit waiver of damages, as set out in Deed from
Bernard J, Snow to San Jacinto River Authority, dated August 31, 1964, recorded in Volume
581, Page 591 of the Deed Records of Montgomery County, Texas,
Terms, provisions and conditions, together with waiver of damages, as set out in Deed from
Irene S, Mandrell to San Jacinto River Authonty, dated September 16, (964, recorded in
Volume 581, Page 598 of the Deed Records of Montgomery County, Texas.
Terms, provisions and conditions, together with waiver of damages, as set out in Deed from
Eleanora S Goldman to San Jacinto River Authority, dated September 19, 1964, recorded
4p Volume 581, Page 606 of the Deed Records of Montgomery County, Texas,
Terms, provisions and conditions, together with waiver of damages, as set out in Deed from
Tony R. Snow and wife, Mary Jo Snow to San Jacinto River Authority, dated September 19,
1964, recorded un Vokume 581, Page 614 of the Deed Records of Montgomery County,
Texas,
‘Tesms, provisions and conditions, together with waiver of damages, as set out in Deed from
Phillip J. Snow and wife, Geraldine Snow to San Jacinto River Authority, dated September
19, 1964, recorded in Volume 581, Page 623 of the Deed Records of Montgomery County,
Texas.
A 21 foot roadway casement along the Westerly property fine, as granted to M. C. Curry,
Jr. And H, E. Nelson in instrument executed by Nick J. Snow, dated September 25, 1974,
recorded in Volume 881, Page 283 of the Deed Records of Montgomery County, Texas, said
roadway being subyect to the rights of third parties in and to the use of same.
Easement granted 10 Gulf States Utilities Company in instrument executed by N.J Snow,
dated September 18, 1974, recorded m Volume 871, Page 653 of the Deed Records of
Montgomery County, Texas.
Easement granted to Guif States Vtslities Company in instrument executed by N. J. Snow,
dated November 23, 1977, recorded in Volume 1034, Page 765 of the Deed Records of
Montgomery County, Texas,
Page 2 of 4
‘copy of the originat record on file in my office
Mark Turbull, Count470-10-0151
Ag undivided /32nd royalty interest in al} oil, gas and other minerals in and under the
herein described property conveyed to W.J Pfiffner m mstrument recorded in Volume 187,
Page 138 of the Deed Records of Montgomery County, Texas, reference to which instrument
18 here made for all purposes.
An undivided 1/32nd royalty mterest in all oil, gas and other minerals in and under the
herein described property conveyed to W J. Pfiffner in instrument recorded in Volume 190,
Page 97 of the Deed Records of Montgomery County, Texas, reference to which instrument
is here made for all purposes.
An undivided 1/18th non-participating royalty interest in all oil, gas and other mmnerals m
and under the herem described property reserved by Sam $ Snow in instrument recorded
in Volume 443, Page 455 of the Deed Records of Montgomery County, Texas, reference to
Which instrument is here made for atl purposes.
An undivided 1/18th non-participating royalty interest in aff oil, gas and other minerals in
and under the herein described property reserved by Marie Louise Riley in instrument
recorded m Volume 469, Page [3 of the Deed Records of Montgomery County, Texas,
reference to which instrument 1s here made for all purposes.
An undivided 6/9ths of all oif, gas and other minerals of every character in and under the
herein described property reserved by Eleanore (Snow) Goldman and husband, Roy C.
Goldman, Tony Roy Snow, Bernard John Snow, Irene (Snow) Mandrell and husband,
Clayton C. Mandrell, Christine Lucy (Snow) Holik and husband, Clifford D. Holik, and
Philip J, Snow in instrument recorded in Volume 593, Page 177 of the Deed Records of
Montgomery County, Texas, reference to which instrument 1s here made for all purposes.
An undhyided 5/9th of al) onl, gas and other minerals of every character in and under the
herein described property reserved by Eleanora (Snow) Goldman and husband, Roy C.
Goldman, Tony Roy Snow, Bernard John Snow, Irene (Snow) Mandrell and husband,
Clayton C, Mandrell, and Philip J. Snow in instrument recorded in Volume 593, Page {77
of the Deed Records of Montgomery County, Texas, reference to which instrument is here
made for all purposes
All undivided interest in all oil, gas and other minerals of every character in and under the
herein described property reserved by Christine (Snow) Holik and husband, Clifford D.
Holik in instrument recorded in Volume 593, Page 371 of the Deed Records of Montgomery
County, Texas, reference to which instrument is here made for all purposes.
Grantor, forthe consideration, receipt of which is acknowledged, and subject to the reservations from
and exceptions to conveyance and warranty, grants, selfs 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 heirs, executor, administrators, successors or assigns forever Grantor binds Grantor and Grantor's
heirs, executors, administrators and successors to warrant and forever defend al! and singular the property
to Gramtee and Grantee’s heirs, executors, administrators, 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.
Mark Tr
Monty
Uhereby certify that thls Is a true and correct
copy af the origmal record on file in my office
Page 3 of 4
bull, Count Jerk
ry County, Texas
Deputy470-10-0152
When the context requires, singular nouns and pronouns include the plaral,
hk b,
NICK J SNOW
NICK ih £ 38 Agent and Attorney-in-Fact for
MARIAN C. SNOW
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF MONTGOMERY §
“This mstrument was acknowledged before me onthe 2 _ day of November, 2003, by
Nick J, Snow
PATRIA. GREEN
SEAT OF TERAS otary Public, State of Texas
My Commission Expires 10-30-2004
STATE OF TEXAS §
§
COUNTY OF MONTGOMERY §
‘This instrument was acknowledged before me on the xO day of November, 2003, by
Nick J Snow, as Agent and Attomey-in-Fact for MARIAN C, SNOW.
auspice
PATRICK A. GREEN
NOTARY PUBLIC ot lic, State of Texas
PREPARED IN THE OFFICE OF: AFTER RECORDING RETURN TO-
Green & Green, P.C Green & Green, P.C
104 West Davis Street 104 West Davis Street
Conroe, Texas 7730) Conroe, Texas 77301
Page 4 of 4
Thereby certify that this is a true and correct
copy of the onginal record on file In my office470-10-0153
" NDLM,
RECORDER'S MEMORAND LM ws
for the bart photogre-
roi geotaren pager, Bee Al bee
sh
aero dung wee la
time the mstusrent wae fin oceer 24
METES & BOUNDS DESCRIPTION
Exhibit “B”
Page 1 of I Page
BEING 0471 of one acre of land in the Witham Weir Survey, A-42, Montgomery County, Texas and being
out of Nick J Snow 4 29 acte Tract S-8 of the Snow Partition as described! 1 deed recorded in Volume
593, Page 177 of Montgomery County Deed Records (MCDR), also out of Nick J Snow 1 451 acre tract
described in deed recorded in Volume 593, Page 371 MCDR, satd 0.471 of one acre bemg taore
particularly described as fatlows
BEGINNING at a4” won rod found in the cast tine of said 1 451 acre and the west line of the residue of
Christine Holik 4.29 acre Parntion Tract 5-7, said 4” sron tod being N 14°07"10"B,, 420.89 feet from a
5/8” iron rod found martang the southeast comer of said 1 451 acre tract,
THENCE N.76°19'05"W , crossing suid 1 45] acres, at 82.73 feet pass the west line of satd 1.451 acres
and the east line of a twenty-one foot wide roadway easement recorded in Volume 881, Page 283 MCDR
and continue on across said roadway casement for a total distance of 102 73 feet to a capped '4” iron rod
set in ats west line for the southwest comer of herein described tract;
THENCE N.14°07°10"E., along the west line of said roadway casement and across saxd Partition Tract S-8
for a distance of 200.00 feet to a capped '4” iron fod set for the northwest comer of herein described tract,
‘THENCE §,75°S2'50"E , crossing said roadway easement, at 21 00 feet pass a post found in its east line
and the west line of said 1 451 acres, also the southwest corner of James M, Curry tracts recorded under
lm code #643-00-2047 and 467-00-1438 of the Real Property Records of Montgomery County, Texas
(RPRMCThand contnue on along the south line of said Curry tracts for a total distance of 102 73 feet to a
4" iron rod found for his southeast comer and the northeast corner of herein described tract m the cast lune
of sad 2 451 acre tract;
THENCE §.14°07'10"W., (Call §.34°47°E., 775 18") along the cast Ime of said 1 451 acres and the west
Lune of the residue of said Holik tract for a distance of 199 21 feet to the POINT OF BEGINNING and
containing 0.471 of one acre of land, which includes 0.098 of one acre is above mentioned twenty-one foot
wide roadway easement
eM
Thus description 1s bared ov 4 boundary avrveyland plet prepared thus date by Ck O Land Surveyora to whach Rcther referenge ya
hereby made for additions! anformation on this project i.
ACRE 471 Acre Snow Tract ‘
EXHIBIT “A”
Thereby certity that this ts a true and correct
copy of the onginal record on file in my office,470-110-0154
FILED FOR RECORD
PPWOV 24 AK 9:45
Ped rton Ll
COURTY C2thy
MONTGOMERY COuN"Y TEYAS
(hereby certify that this # a true and cotrect
copy of the original reco'd on file in my officeEXHIBIT “ H
2251 N. LOOP 336 W. SUITE A
2006-059277 090-11-0359
Chisage Mile-Cont
WARRANTY DEED Sra Bie Conte
NOTICE OF CONFIDENTIALITY RIGHTS IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER,
STATE OF TEXAS §
COUNTY OF MONTGOMERY §
THAT, NICK J SNOW, hereinafter called Grantor, not joined herein by his spouse because the
property conveyed hereby constitutes no part of their homestead, for and in consideration of the sum of
‘Ten and No/100 ($10 00) Dollars cash and other good and valuable considerations in hand paid by
JEREL TWYMAN and SANDY TWYMAN,
KNOW ALL MEN BY THESE PRESENTS.
hereinafter called Grantees, the receipt and sufficiency of which are hereby acknowledged and
confessed, has GRANTED, SOLO and CONVEYED, and by these presents does GRANT, SELL and
CONVEY unte Grantees all those certain lots, tracts or parcels of land, together with ail improvements
thereon, lying and being situated In the County of Montgomery, State of Texas, described as follows,
to-wt,
Two tracts of land in the William Wair Survey, A-42, Montgomery County, Texas; said
tracts being Tract |, containing 0.223 acre, and Tract {1, containing 1763 acres, and
being described by metes and bounds on Exhibit "A" attached hereto and incorporated
herein,
This conveyance is made and accepted subject to any and all valid covenants, conditions,
restrictions, easements and outstanding mineral and/or royalty interests in the oi, gas, and other
minerals and leaves thereon, now outstanding or affecting the premises herein conveyed, now of
record in the County Clerk's office of Montgomery County, Texas, but only to the extent they are still In
force and effect.
TO HAVE AND TO HOLD the above described premises, together with all and singular the
rights and appurtenances thereto in anywise belonging unto the said Grantees, their heirs and assigns,
forever, And Grantor does hereby bind himself, his heirs and assigns, to warrant and forever defend
all and singular the said premises unto the sald Grantees, their hairs_an signs, against every
person whomsoever lawlully claiming or to claim th e i
Executed this. day of May, 2006.
STATE OF TEXAS
COUNTY OF MONTGOMERY §
by NICK J, SNOW
Grantees’ address:
oe Lasaced
9’ Wpdocalctianow2 dad
RETURN TO:
CHICAGO TITLE INS. CO.
CONROE, TX. 77304
(hereby certity that this Is a true and correct
copy of the orlgmat record on file in my office
Mark Turnbull, County Clerk
Montgomery County, Texas
by ( Yh od Deputy
Issued 2: ao-3 01a
\090-11-0360
GF# 432031
LEGAL DESCRIPTION
TRACT I:
BEING 0 223 ACRE OP LAND IN THE WILLIAM WEIR SURVEY, A-42, MONTGOMERY COUNTY, TEXAS,
SAID 0.223 ACRE BEING OUT OF THE NICK J SNOW 4.29 ACRE TRACT OP LAND, (TRACT S-8!
DEED OF WHICH IS RECORDED IN VOLUME 593, PAGE 177, MONTGOMERY COUNTY DEED RECORDS,
SAID 0.223 ACRE BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS:
COMMENCING at a 5/8" iron rod found for Snow's Northwest corner, the Northeast corner
of the Deborah W Barfield 0 4814 acre tract of land deed of which is recorded under
County Clerk's File Number 9308656, Montgomery County Real Property Records, in the
201 Fee line of Lake Conroe, (79.05 acre San Jacinto River Authority Vol.' 561, Pg
574, M.C.D.R);
THENCE N. 68° 30’ 22" E, along the 201 Fee line, Snow’s North line for a distance of
73:13 feet to a 1/2" iron rod set for corner,
THENCE S. 86" 13’ 38" B., continuing along the above mentioned lines for a distance of
32.70 feet to a 1/2"
Preview
NO. 11-05-05613-CV KENT R. TWYMAN AND DIANNE § IN THE DISTRICT COURT © E. YOUNT vs. § MONTGOMERY COUNTY, TEXAS JAMES M. CURRY § 359TH JUDICIAL DISTRICT DEFENDANTS’ TRADITIONAL MOTION FOR SUMMARY JUDGMENT. AND NO-EVIDENCE MOTION FOR SUMMARY JUDGMENT CONCERNING EASEMENT BY ESTOPPEL TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, James M. Curry, Defendant in the above styled and numbered cause of action, and JAMES M. CURRY, TRUSTEE for the JAMES M. CURRY REVOCABLE LIVING TRUST, (“Curry Trustee”), and the JAMES M. CURRY REVOCABLE LIVING TRUST, (the “Trust”), hereinafter collectively referred to as “Defendants”, and pursuant 1o Rule 166a. and. or Rule 166a.(1) of the Texas Rules of Civil Procedure, files this Defendants’ Traditional Motion for Summary Judgment and No-Evidence Motion for Summary Judgment Concerning Easement by Estoppel, against Plaintiffs and Intervenors, hereinafter collectively referred to as “Plaintiffs”, and in support thereof would show the court the following: I. FACTS COMMON TO ALL CLAIMS 1. Defendants hereby incorporates the real estate documents filed of record in this case, some and/or all of which affect the property in question in this lawsuit, as if same were set forth verbatim herein. Said real estate documents are discussed more fully in Exhibit “1" attached hereto, which is incorporated herein by reference for all purposes as if fully set forth verbatim herein. More specifically, and for purposes of this Motion, there are ten Deeds relevant to an “easement by estoppel”, which are included in Exhibit “1" as follows: daNNVoOsOn September 25, 1974, Nick Snow and Marion C. Snow conveyed 0.094 and 0,048 acres out of their 1.451 acres out of Tract S-7 to M. C. Curry, Jr., by deed recorded in Volume 881, Page 275 of the Deed Records of Montgomery County, Texas (hereinafter referred to as the “M. C. Curry Deed”). A true and correct copy of said M. C. Curry Deed is attached hereto as Exhibit “A” (included in Exhibit “1" attached hereto) and is incorporated heretn by reference for all purposes as if fully set forth verbatim herein. On September 25, 1974, Nick Snow and Marion C. Snow conveyed 0.094 acres and 0.053 acres out of the 1.451 acres out of Tract S-7 to H. E. Nelson, by deed recorded in Volume 881, Page 279 of the Deed Records of Montgomery County, Texas (heremafter referred to as the “Nelson Deed”). A true and correct copy of said Nelson Deed is attached hereto as Exhibit “B’"(included in Exhibit “1" attached hereto) and is imcorporated herein by reference for all purposes as if fully set forth verbatim herein. On September 25, 1974, Nick Snow conveyed a 21' wide road easement, as “... a private right of way and easement ...” (Emphasis added) to M. C. Curry, Jr. and H. E. Nelson out of Tract S-8, by deed recorded in Volume 881, Page 283 of the Deed Records of Montgomery County, Texas (hereinafter referred to as the “Road Easement Deed”). This private road easement is the subject of this suit and is commonly referred to by Plaintiffs as “Boot Hill Road”. In addition, this private road easement is perpendicular to and joins the 21 foot easement created in the Snow Partition Deed (See Fxhibit “1 a”) that can be used by owners of Tract S-7 and S-8 to the south of Tract S-8 and S-7, commonly referred to as “Snow Lane”, which is not is dispute in this suit. A true and correct copy of said Road Easement Deed is attached hereto as Exhibit “C” (includedin Exhibit “1" attached hereto) and is incorporated herein by reference for all purposes as if fully set forth verbatim herem. On November 5, 1976, Nick Snow conveyed 0.1848 acres out of the 4 29 acres out of Tract S-8 to Kent R. Twyman and wife Evalyn J., by deed recorded in Volume 964, Page 82 of the Deed Records of Montgomery County, Texas (hereinafter referred to as the “1 Kent Twyman Deed”). This was the first conveyance of land to Plaintiff Kent R. Twyman. A true and correct copy of said I* Kent Twyman Deed is attached hereto as Exhibit “D” and is incorporated herein by reference for all purposes as if fully set forth verbatim herein. By General Warranty Deed recorded on January 10, 2002, under Clerk’s File No. 2002- 003290, in the Real Property Records of Montgomery County, Texas, Nick Snow and Marian Snow conveyed 9,450 square feet out of the 4.29 acres out of Tract S-8 to Kent R. Twyman (hereinafter referred to as the “2"' Kent Twyman Deed”). This was the second conveyance of land to Plaintiff Kent R. Twyman. A true and correct copy of said 2" Kent Twyman Deed ts attached hereto as Exhibit “E” and is incorporated herein by reference for all purposes as if fully set forth verbatim herein. By General Warranty Deed recorded on January 10, 2002, under Clerk’s File No. 2002- 003291, in the Real Property Records of Montgomery County, Texas, Nick Snow and Marian Snow conveyed 29,875 square feet out of the 4.29 acres out of Tract S-8 to Jerel Twyman and Sandra Twyman (hereinafter referred to as the “1* Jerel Twyman Deed”). This was the first conveyance of land to Intervenors Jerel Twyman and Sandra Twyman. Atrue and correct copy of said 1" Jerel Twyman Deed is attached hereto as Exhibit “F” and 1s incorporated herein by reference for all purposes as if fully set forth verbatim herein.By General Warranty Deed recorded November 24, 2003, under County Clerk’s File No. 2003-143949, in the Real Property Records of Montgomery County, Texas, Nick Snow and Marian Snow conveyed 0.471 acres to James M. Curry out of Tract $-8, in which no. 10 made an exception to the Road Easement Deed, but also referenced that same was subject to the rights of third parties (hereinafter referred to as the “James Curry Deed”). A true and correct copy of said James Curry Deed 1s attached hereto as Exhibit “G” (included in Exhibit “1" attached hereto) and 1s mcorporated herein by reference for all purposes as if fully set forth verbatim herein. By Warranty Deed recorded on May 30, 2006, under Clerk’s File No. 2006-059277, in the Real Property Records of Montgomery County, Texas, Nick Snow conveyed Tract I, containing 0,223 acres, and Tract II, contaming 1.753 acres, out of the 4.29 acres out of Tract $-8 to Jerel Twyman and Sandra Twyman (hereinafter referred to as the “2nd Jerel Twyman Deed”). This was the second conveyance of land to Intervenors Jerel Twyman and Sandra Twyman. A true and correct copy of said 2™ Jerel Twyman Deed is attached hereto as Exhibit “H’” and ts incorporated herein by reference for all purposes as if fully set forth verbatim herein. By Warranty Deed recorded on May 30, 2006, under Clerk’s File No. 2006-059278, in the Real Property Records of Montgomery County, Texas, Nick Snow conveyed Tract I, containing 0.136 acres, Tract II, containing 0.786 acres and Tract III, containing 0.945 acres, to Kent R. Twyman and Dianne Yount (hereinafter referred to as the “3"' Kent Twyman Deed”). This was the third conveyance of land to Plaintiff Kent R. Twyman. A true and correct copy of said 3 Kent Twyman Deed is attached hereto as Exhibit “I” and 1s incorporated herein by reference for all purposes as if fully set forth verbatim herein.j. By Correction General Warranty Deed recorded July 26, 2013, under Clerk’s File No. 2013-080955, in the Real Property Records of Montgomery County, Texas, James M. Curry correctly conveyed the 0.0471 acres, to the Trust and Curry Trustee, which corrected the exception in the original deed to the private road easement to exclude the rights of third parties (hereinafter referred to as the “Correction James Curry Deed”). A true and correct copy of said Correction James Curry Deed is attached hereto as Exhibit “J” (included in Exhibit 1" attached hereto) and is incorporated herein by reference for all purposes as if fully set forth verbatim herein. 2. Originally, Nick Snow was awarded a parcel of land in a partition of farmland once owned by Mr. Snow’s ancestor, Tony Snow, who, at the time of his death in 1949, owned approximately 135 acres in northwest Montgomery County, Texas. Tony Snow’s land was rectangular in shape with the long edge running generally East and West, with a creek running through the middle, also generally from the East to the West. The creek and its shoreline was ultimately incorporated into Lake Conroe, and the remaining Snow property was divided into two portions, one North and one South of the lake. This suit involves only land out of the Southern portion, about 38 acres. In the partition of the Southern part of the Tony Snow property (called the “Snow Partition Deed”), nine lots were created, each composed of 4.29 acres, and each with its northern boundary on Lake Conroe and its southern boundary along the southern boundary of the Snow Partition Deed. Included in the Snow Partition Deed was an access easement for all of the lots, being 21 feet wide, running east and west along and inside the southern boundary of the southern partition of 38 acres. The Snow Partition Deed expressly provided ingress and egress for each of the nine lots of the Southern portion of the Snow Partition Deed over Snow Lane (not the subject of this suit), which was directly connected to a public road called “Longstreet Road West”.“inquired as to how he was to have ingress and egress into said property. Nick Snow indicated verbally and in writing that Plaintiff would have rights of ingress and egress to and from Plaintiffs’ property across Boot Hill Road.” There is no explanation of Nick Snow’s role in making these statements, other than possibly his interest in making more lot sales to the Plaintiffs and the Intervenors, and avoiding his duties under the doctrine of Easement by Way of Necessity, set forth above. Plaintiff alleged his belief in these statements and said he had relied upon those written and verbal statements made by Nick Snow, and purchased property reflected in Nick Snow’s deed. These allegations describe only a small part of the situation: The Plaintiffs purchased their first tract from Nick Snow in 1976, just two years after Nick Snow had conveyed Boot Hill Road and other property to M. C. Curry and H. E. Nelson. 5. The Plaintiffs’ first purchase was located in the northwestern corner of Lot S-8, not at all adjacent to Boot Hill Road, which ran along the eastern edge of Lot S-8, with Nick Snow owning all of the intervening land, but Nick Snow conveyed no easement over any of his land either East to Boot Hill Road or South over other property belonging to Nick Snow down to Snow Lane. Asa result, at that time, Nick Snow did not have to suffer any roads or express or implied easements over his property for the benefit of his new purchasers, the Plaintiffs and the Intervenors. Likewise, the Intervener, Jerel Twyman, plead similar things: based on Nick Snow’s statements, he believed he owned a right to Boot Hill Road, even though Nick Snow never tendered any deed. Nowhere 1s there any explanation. 6. The Plaintiffs’ and Intervenors’ pleadings state that the only communications ever made to them that Boot Hill Road would be available for the Plaintiffs and Intervenors to use for acccss to and from their properties were those made by their seller, Nick Snow. Their pleadings gave no instance of their having believed or relied upon any similar statements or representations made byremainder of his land!), f. how anything the Defendant may have said that was false or how his silence may have amounted to being false or misleading, g. what the Defendant was asked to do, h. about Nick Snow’s role in the road repairs, or i, how any silence of the Defendant, James Curry, worked to induce the Plaintiffs and the Intervenors to take action and to spend money on Boot Hill Road to their detnment. 9. There is no evidence of an agent/principal relationship between Nick Snow and the Defendant, or that somehow the Defendant had authorized Nick Snow to speak for the Defendant on any matter pertaining to the Plaintiffs and the Intervenors, or anything else that would apprise the Plaintiffs and Intervenors that Nick Snow would be speaking for the Defendant. Boot Hill Road may have been the only road near the Plaintiffs’ properties, but it certainly was not the only easement that was lawfully available to the Plaintiffs and Intervenors. There is no evidence that the Plaintiffs and the Intervenors ever inquire of any other remedies available to them under the law. Furthermore, there is no evidence that identifies when wrongful statements were made, particularly in relation to the date the Plaintiffs actually purchased their tracts, or whether or not at that time the Defendant actually owned any part of the land or the road, or how Nick Snow may have responded about anything the Defendant may have said. 10. In this case, none of the pleading made in the nature of estoppel do the Plaintiffs or the Intervenors ever indicate that they knew that in 1974 Nick Snow had conveyed Boot Hill Road to M. C. Curry and H. E. Nelson without reservation of any right to convey additional easements over that road.negligent, estoppel is not defeated by failure to discover the truth. Of course, any party without knowledge could almost invariably ascertain the truth with sufficient diligent inquiry, but the law does not require such inquiry where there is no reason to be suspicious and there is no negligence. See Cooper Petroleum Company v. LaGloria Oil and Gas Company, supra, in which a simple telephone call would have led to ascertainment of the truth, but LaGloria reasonably relied on the representations which made no such inquiry appear necessary. A telephone call from the misled party would have sufficed, but the question was to determine which party had the duty to make the call. The court in Cooper Petroleum placed the duty on the party possessing the knowledge. Simularly, the method by which Davis dealt with the Grays in 1974 was no different from that of prior years, and therefore, there was nothing to trigger any suspicion or apparent need to verify the truth of Davis' representations or to investigate the lack of communication from Traylor. We conclude that the duty to make the telephone call or other contact rested on Traylor. (Emphasis added). “In the context of estoppel by silence, the fourth element [intention that the concealment ‘be acted upon) is met by turpitude or negligence on the part of the party to be estopped. Cooper Petroleum v, LaGloria Oul and Gas Company, 436 8.W.2d 889 (Tex. 1969); Champlin Oil & Refining Company v. Chastain, 403 S$.W.2d 376 (Tex.Sup.1965); Humble Oil & Refinmg Co. vy Trapp, supra. In special issue 8, the jury found Atkins was negligent in his failure to notify the Grays. In points of error 13 and 14, Traylor contends there is no evidence or insufficient evidence to sustain this finding. ... The final element of estoppel requires detrrmental reliance on the concealed fact ora change of position, These elements are discussed at length in Petroleum Anchor17. Equipment, Inc. v. Tyra, 419 S.W.2d 829, 833-34 (Tex.Sup.1967). See also Concord Oil Co. v. Alco Oul and Gas Corp., 387 8.W.2d 635, 639-41 (Tex.Sup 1965); Ybanez v. Anchor Constructors, Inc., 489 S.W.2d 730, 735-36 (Tex. Civ. App. Corpus Chnsti 1972, writ refd n.re.). “The representations plus the execution of the Traylor confirmation form comprised a promise by Davis that Traylor would purchase the Grays’ cotton. When Atkins learned of this promise that had been made in Traylor's behalf, it was his duty under the circumstances to take reasonable steps to notify the Grays of the true facts. Any detrimental change of position on the part of the Grays in reliance upon Traylor's failure to speak would thus estop Traylor from denying Davis' authority. Cooper Petroleum v. LaGloria Oil and Gas Company, supra. See Restatement (Second) Agency § 8B. See also Champlin Oil and Refining Company v. Chastain, supra, A. R. Clark Investment Company v. Green, supra; Johnson v. Sovereign Camp, W.O.W., supra; and Burnett v. Atteberry, supra.” (Emphasis added). In fact, the only evidence of what the Plaintiffs and Intervenors did andor didn’t do as to the road in question is set forth in excerpts from the deposition of Plaintiff Kent Twyman, pages 46 - 57, true and correct copies of which are attached hereto as Exhibit “5" and are incorporated herein by reference for all purposes as if fully set forth verbatim herein. 18. Due to the above, there is no evidence the Plaintiffs and Intervenors have produced and/or can produce to support that they are entitled to an easement by estoppel against Defendants that: Defendants had any duty to Plaintiffs or Intervenors;verdict, based on a party’s assertion that there is no evidence of one or more essential elements of the opposing party’s claim or defense. Welch vs. Coca Cola Enterprises, Inc., 36 S.W.3d 532-537 (Tex. App. - Tyler 2000, pet. with'd). The specification of each challenged element, and the good faith assertion that no evidence supports that element, places the burden on the opposing party to produce summary judgment evidence raising a genume issue of material fact. A no-evidence summary judgment is properly granted if the non-movant fails to present more than a scintilla of probative evidence to raise a genuine issue of material fact as to an essential element to the respondent’s case. See Specialty Retailers, Inc. vs, Fuqua, 21 S.W.3d 140, 147 (Tex. App. - Houston [14" Dist.] 2000, no pet.); McClure vs. Attebury, 20 S.W.3d 722, 727 (Tex. App. - Amarillo 1999, no pet.). Less than a scintilla of evidence exists when the evidence is so weak than it does no more than create a mere suspicion of fact. Specialty Retailers, Inc., 29 $.W.3d at 147. On the other hand, more than a scintilla of evidence is found when the evidence “rises to a level that would enable reasonable and fair minded people to differ in their conclusions”. 2. Ano-evidence motion for summary judgment can be filed only after adequate tune for discovery under the Texas Rules for Civil Procedure 166a(i) A no-evidence motion for summary judgment may properly be filed and granted before the end of discovery. Gourrier vs. Joe Meyers Motors, Inc., 78 S.W.3d 651 (Tex. App. - Houston, [14" Dist.] 2002, no pet.). An adequate time for discovery has passed in this case. Iv. PLAINTIFF'S SUMMARY JUDGMENT EVIDENCE AND EXHIBITS 1. Pursuant to Rule 166a. of the Texas Rules of Civil Procedure, Defendants hereby give notice of intent to use as his Summary Judgment evidence the following:vou aBL nce 282 forever, and we do hereby bind ourselves, our heirs, executors and administrators, to warrant and forever defend, all and singular, 1 the said premises unto the said H. E. NELSON, his heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. WITNESS OUR HANDS at Conroe, Texas, this 2% s“—day of September, 1974, nanan G, Aweer~ MARIAN C, SNOW STATE OF TEXAS COUNTY OF “ARRAS BEFORE ME, the undersigned authority, on this day personally appeared NICK J, SNOW, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that . he executed the same for the purposes and consideration therein expressed. =puuy, GIVEN UNDER MY HAND AND SEAL OF OFFICE, this -7.c “day of ‘Seftenber, 1974, Sects _ Se ep ' Notary Public in and “tor Mertgomeny County, Texas AAERIS | ions Ms, COUNTY OF ae { BEFORE ME, the undersigned authority, on this day personally appeared MARIAN C, SNOW, known to me to be the person whose name is | subseribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, - GIVEN. YNDER MY HAND AND SEAL OF OFFICE, this_2_.f~day of amber’; 1974, On eee Notary Public in and for Mentryowery County, Texas HPRREE ried tor Revo tote LEW 7rbor ma Clerk County Court, Momipomery Ce,, Tear dy {hereby verbty that ths is a true ard correct Sopy oF tha origina) record oF file in My ottice. \ ( Mark Turnbull, County.clerk— —— = Montgomory County, Texas3S0d Frepared by the State Bar of Texat for use by Lawyent only. Otlce To select ise proper form, fil in blank ypeces, strike out form provisions te lasert ent prope fo ne Son ae beg practice Kio “sanderd form’ a 4 7634409 nemo “t, O64 82 Ds . WARRANTY DEED WITH VENDOR’S LIEN THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF MONTGOMERY That I, NICK g. SNOW, of the County of Harri and State of Texas, for and In consideration of the sum of -+eeeewemes~TEN AND NO/100 ($10.00) +2e-==--- DOLLARS. and other vatuable consideration to the undersigned paid by the grantees herein named, the receipt of which is hereby acknowledged, and the further consideration of the execution and delivery by grantees of their one certain promissory note of even date herewith, in the principal sum of THIRTEEN THOUSAND AND NO/100 ($13,000.00), payable to the order of Grantor in monthly installments and bearing interest as therein provided, containing the usual clauses providing for acceleration of maturity and for attorney's fees; the payment of which note is secured by the vendor's lien herei retained, and dsadditionally secured by a deed of thust of even dete herewith to PATRICK A, GREEN Trustee, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto KENT R, TWYMAN and wife, EVALYN J, ofthe County of Harris and State of Texas all of the following described rest Property in Montgomery County, Texas, to-wit: BEING the surface only of 0,1848 acres of land in the William Wier Survey ,A-42, Montgomery County, Texas, and being out of N. J. Snow 4,29 acre Tract 5-8 by deed recorded in Volume 593, at page 186, of the County Deed Records, said 0,1948 acres described as follows: 1 Se t [hereby certify thal this s a true aed correct copy of the ongina, record on te In my offices. EXHIBIT “_|>__*EXHIBIT “ to Ce 003-10-2277 2002-003290 ENERAL WA NTY DEED DATE: January 9, 2002 GranTor: _N. J. Snow and Marian Snow, husband and wife GRANTOR'S MAILING ADDRESS: 13242 Snow Lane Willis, TX 77378 Montgomery County GRANTEE; — Kent R. Twyman. GRANTEE'S MAILING ADDRESS: 1746 Rice Blvd, Houston, TX 77005 Harzis County CONSIDERATION: Love of and affection for Grantee, PROPERTY (INCLUDING ANY IMPROVEMENTS): BEING 9,450 square feet of land in the William Weir Survey, A-42, Montgomery County, Texas and being out of Nick J, Snow 4.29 acre Tract S-8 as described in deed recorded in Volume 593, Page 186 of Montgomery County Deed Records (MCDR), said 9,450 square feet being more particularly described in Exhibit "A" attached hereto and incorporated herein. RESERVATIONS FROM CONVEYANCE: SAVE & EXCEPT, and there is hereby reserved unto Grantors, their heirs and assigns, all mterest in the ol, gas and other minerals in and under and that may be produced from the above property, Grantor waives the right of ingress and egress to and from the surface of the Property relating to the portion of the mineral estate owned by Grantor. Swow GeNeRat WARRANTY DEED (hereby certify that this is a true and correct ‘copy of the original record on file in my office lark Tumbull, County Clerk Montuomery County, Texas by JC. Deputy Issued ~2F +S. PAGE | OF 3003-10-2278 EXCEPTIONS TO CONVEYANCE AND WARRANTY: All validly existing easements, rights-of-way, and prescnptive rights, whether of record or not; all presently recorded and validly existing restrictions, reservations, covenants, conditions, oii and gas leases, mmeral interests, and other instruments, other than conveyances of the surface fee estate, that affect the Property; validly existing rights of adjowning owners mm any walls and fences situated on a common boundary, any discrepancies, conflicts, or shortages in area or boundary lines, any encroachments or overlapping of improvements; and taxes for 2002, which Grantee assumes and agrees to pay, and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes, Grantor, for the Consideration and subject to the Reservations from Conveyance and the 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 way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsocver lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. As amaterial part of the Consideration for this deed, Grantor and Grantee agree that Grantee is taking the Property "AS 1S" with any and all latent and patent defects and that there is no warranty by Grantor that the Property has a particular financial value or is fit for a particular purpose. Grantee acknowledges and stipulates that Grantee is not relying on any representation, statement, or other assertion with respect to the Property condition but is relying on Grantee's examination of the Property. Grantee takes the Property with the express understanding and stipulation that there are go express or implied warranties except for limited warranties of tle set forth in this deed. When the context requires, smgular nouns and pronouns include the plural, 1 V, N. J. Snow “ 6 bedtegn. Ye OU eee MARIAN SNOW ‘SwoW GENERAL WARRANTY Deeb PAGE 2 OF 3 {hereby certify that this Is a true and correct copy of the original record on file in my office. Mark Tumbutl, County Clerk Montgomery County, Texas by FC. Bizarre. Deputy Issued G- AF “LlSTATE OF TEXAS § § COUNTY OF MONTGOMERY § 003-10-2279 This instrament was acknowledged before me on January 9, 2002, by N. J. Snow and Marian Lf, PATRICK A. GREEN GFE Fe LE LE C a Snow AFTER RECORDING RETURN TO: GREEN & GREEN, P.C. 104 W. Davis CONROE, TX 77301, TEL: (936) 756-4545 FAX: (936) 756-4579 * Notary Public, State of Texas SNOW GENERAL WARRANTY DEED (hereby certify that this ts a true and correct Copy of the original record on fle in my office Mark Turnbull, County Clerk Montgomery County, Texas by ZC. Deerous Deputy Issued F220 PAGE3 OF 3EXHIBIT “__- 2002-00329 003-10-2282 GENERAL WARRANTY DEED DATE: January 9, 2002 GRANTOR: —_N.J. Snow and Marian Snow, husband and wife GRANTOR'S MAILING ADDRESS: 13242 Snow Lane Willis, TX 77378 Montgomery County GRANTEE: —_ Jere] Twyman and Sandra Twyman, husband and wife GRANTEE'S MAILING ADDRESS: 4602 Laurel Bellaire, TX 77401 Harris County CONSIDERATION: Cash and other good and valuable consideration PROPERTY (INCLUDING ANY IMPROVEMENTS)? BEING 29,875 square feet of land in the William Weir Survey, A-42, Montgomery County, Texas and being out of the Nick J Snow 4,29 acre Tract S-8 as described in deed recorded in Volume 593, Page 186 of Montgomery County Deed Records (MCDR), said 29,875 square feet being more particularly described in Exhibit “A” attached hereto and incorporated herein. RESERVATIONS FROM CONVEYANCE: SAVE & EXCEPT, and there is hereby reserved unto Grantors, their heirs and assigns, all interest in the oil, gas and other minerals in and under and that may be produced from the above property Grantor waives the right of ingress and egress to and from the surface of the Property relating ta the portion of the mineral estate owned by Grantor, Saw GENERAL WARRANTY DEED PAGE 1 OF 3 Thereby certify that this ts a true and correct Copy of the original record on file in my office, \003~10-2283 EXCEPTIONS TO CONVEYANCE AND WARRANTY: Ail validly existing easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions, reservations, covenants, conditions, o1! and gas leases, mineral interests, and other instruments, other than conveyances of the surface fee estate, that affect the Property; validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines, any encroachments or overlapping of improvements; and taxes for 2002, which Grantee assumes and agrees to pay, and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with ail and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors {o warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. Asa material part of the Consideration for this deed, Grantor and Grantee agree that Grantee is taking the Property "AS IS" with any and all latent and patent defects and that there 1s no warranty by Grantor that the Property has a particular financial value or is fit for a particular purpose, Grantee acknowledges and stipulates that Grantee is not relying on any representation, statement, or other assertion with respect to the Property condition bat is relying on Grantee's examination of the Property. Grantee takes the Property with the express understanding and stipulation that there ate no express or implied warranties except for limited warranties of title set forth in this deed, ‘When the context requires, singular nouns and pronouns include the plural MARIAN SNOW SNOW GENERAL WARRANTY DEED PAGE 2 OF 3 Thereby certify that this is a true and correct copy of the original record on file in my office.003-10-2284 STATE OF TEXAS § § COUNTY OF MONTGOMERY § This instrument was acknowledged before me on January 9, 2002, by NJ. Snow and Manan Snow +? ME] Lo TE Fa PATRICK A. GREEN Notary Public, State of Texas AFTER RECORDING RETURN TO: GREEN & GREEN, P.C, 104 W. Davis Conor, Tx 77301 TEL: (936) 756-4545 FAX; (936) 756-4579 Snow GENERAL Warranty DEED PAGE 3 OF 3 Thereby certify that this is a true and correct copy of the original record on file in my office.CO3-10-2285 October 2, 200! METES AND BOUNDS DESCRIPTION Exhibit @” Page | of! Page BEING 29,875 square feet of land in the William Wout Survey, A-42, Montgomery County, Texas aud being out of Nick J. Snow 4.29 acre Tract S-8 as described in deed recarded in Volume 593, Page 186 of Montgomery County Deed Records (MCDR), said 9450 squtre feet being more particularly described as follows; COMMENCING at a 5/8” iron rod found for the beginning point of a boundary ine agreement as described in, instrument recorded under film code #109-01-2183 of the Real Property Records of Montgomery County, Texas (RPRMCT) and the agreed upon northwest corner of said 4.29 acre Tract S-8 and the northeast comer of Charles R. Dowell 0.4814 acre tract described in deed recorded under film code #109-01-2183 RPRMCT; THENCE §,13°30"44"W., along said agreed line 49 93 feet to « 1/2” iron rod fixend marking the northwest comer of Kent W. Twyman 0.1848 acre tract described in deed recorded in Volume 964, Page 2 of Montgomesy County Deed Records (MCDR); THENCE N.86°00' 19", crossing said 4,29 acre Tract $-8 for a distance of 95.62 feet to a capped 1/2” iron rod set for the northwest corner of and POINT OF BEGINNING of herein described tract, THENCE N 86°00’ 19"E., continuing across said 4.29 acre Tract S-8 for a distance of 146.73 feet to a P.K. nail and marked disc set for the northeast comer of herein described tract in the west line of a 21" wide roadway easement described in instrument recorded 1n Volume 88), Page 283 MCDR THENCE 5 14°07°10"W,, continuing acruss said 4.29 acre Tract S-8 and along the west line of said roadway eagernent for a distance of 225 34 feet to a capped 1/2" tron rod set for the southeast comer of herein described tract, ‘THENCE N.84°55°16"W., continuing across said 4.29 acre Tract S-8 for a distance of 142.05 fect to a capped 1/2” inci rod set for the southwest comer af herein described tract; THENCE N.14°21'16"E., continuing across saxd 4.29 acre Tract S-8 for a distance af 202 04 feet to the POINT OF BEGINNING and containing 29,875 square feet of land. ‘This descripaco was prepared m conjunction wth « bouedary survey acd plat prepared ths deus by C& G Land Surveyors to winch fartber tefeeenoe 18 heroby tuade rhe ‘entries docwmsents29875 Square Foot Tract a“ EXHIBIT "A" Thereby certify that this ts a true and correct copy of the original record on file in my office2 003-110-2286 FILED FOR RecORD 202 JAN JD PML: ob Poa AM CouNT¥ CLERK MONTGOVEFY COUNTY, TEXAS Pha bebll County Clark Montgorsery County, Teas RECORDER'S MEMORANDUM At the Ome of recordation, this instrument was found « he wadequete far the best procogrts ph “eproont.on because of 1 Jegrbusty, carbon ur photo capy, discalored paper, ete All black» outs, addons and changes were present at the time the instument was fi ed and recorded. ‘hereby certlty that this is a true ang correct copy of the original record on file in my office,~ 470-10-0149 6 2003-143940 GENERAL WARRANTY DEED \ Date: November 20, 2003 Grantor: NICK J SNOW, Individually and as Agent and Attorney-in-Fact for MARIAN C. SNOW Grantor's Mailing Address (including county): 13242 Snow Lane Wilks, TX 77318 Montgomery County, Texas Grantee: JAMES MICHAEL CURRY Grantee's Mailing Address (including county): 13316 Soow Lane Willis, TX 77318 Montgomery County, Texas Consideration: TEN AND NO/100 DOLLARS and other good and valuable consideration Property (including any improvements): Being 0 474 acres of land, more or less, out of a 4.29 acre tract known as Tract $-8 and a 1.451 acre tract out of a 4.29 acre tract known as Tract S-7 of the Snow Partition in the William Weir Survey, A-42, Montgomery County, Texas, said 0.471 acre tract being more particularly described by metes and bounds attached hereto as Exhibit“A” and made a part hereof for all purposes Reservations From Conveyance; SAVE & EXCEPT, and there is hereby reserved unto Grantors, their heirs and assigns, all interest in the oil, gas and other minerals in and under and that may be produced from the above property Grantor waives the right of ingress and egress to and from the surface of the Property relating to the portion of the mineral estate owned by Grantor. Exceptions to Conveyance and Warranty: 1, Easements, rights-of-way, and prescriptive rights, whether of record or not, all presently recorded instruments, other than liens and conveyances, that affect the property; taxes for ‘the current year, the payment of which Grantee assumes, and subsequent assessments for the current and prior years due to change in land usage, ownership, or both, the payment of which Grantes assumes, 2. Terms, conditions, stipulations and restrictions as set out in instrument creating a restricted water quality zone, dated November 20, 1970, executed by Texas Water Quality Board and San Jacinto River Authority, recorded in Volume 741, Page 445 of the Deed Records of Page {of 4 Thereby certify that this is a true and correct copy of the orlginat record on file in my office fi EXHIBIT « 4 »22. Thereby certify that this is a true and correct 470=10-0150 Montgomery County, Texas; said instrument having been amended by Order of the Texas Water Quality Board, bearing Order No. 76-{2i6-4, dated December 16, 1976; and being further amended by Order of the San Jacinto River Authority and the Texas Water Commission, issued on February 12, 1988, as contained in 13 Tex Reg. [004, Terms, provisions and conditions, together with waiver of damages, as set out in Deed from Nick J. Snow and wife, Marian Snow to San Jacinto River Authority, dated August 31, 1964, recorded in Volume 581, Page 574 of the Deed Records of Montgomery County, Texas Terms, provisions and conditions, together with waiver of damages, as set out in Deed from Christine S. Holik and husband, C. { Holik to San Jacinto River Authority, dated September 15, 1964, recorded in Volume 581, Page 582 of the Deed Records of Montgomery County, Texas, Terms, provisions and conditions, together wit waiver of damages, as set out in Deed from Bernard J, Snow to San Jacinto River Authority, dated August 31, 1964, recorded in Volume 581, Page 591 of the Deed Records of Montgomery County, Texas, Terms, provisions and conditions, together with waiver of damages, as set out in Deed from Irene S, Mandrell to San Jacinto River Authonty, dated September 16, (964, recorded in Volume 581, Page 598 of the Deed Records of Montgomery County, Texas. Terms, provisions and conditions, together with waiver of damages, as set out in Deed from Eleanora S Goldman to San Jacinto River Authority, dated September 19, 1964, recorded 4p Volume 581, Page 606 of the Deed Records of Montgomery County, Texas, Terms, provisions and conditions, together with waiver of damages, as set out in Deed from Tony R. Snow and wife, Mary Jo Snow to San Jacinto River Authority, dated September 19, 1964, recorded un Vokume 581, Page 614 of the Deed Records of Montgomery County, Texas, ‘Tesms, provisions and conditions, together with waiver of damages, as set out in Deed from Phillip J. Snow and wife, Geraldine Snow to San Jacinto River Authority, dated September 19, 1964, recorded in Volume 581, Page 623 of the Deed Records of Montgomery County, Texas. A 21 foot roadway casement along the Westerly property fine, as granted to M. C. Curry, Jr. And H, E. Nelson in instrument executed by Nick J. Snow, dated September 25, 1974, recorded in Volume 881, Page 283 of the Deed Records of Montgomery County, Texas, said roadway being subyect to the rights of third parties in and to the use of same. Easement granted 10 Gulf States Utilities Company in instrument executed by N.J Snow, dated September 18, 1974, recorded m Volume 871, Page 653 of the Deed Records of Montgomery County, Texas. Easement granted to Guif States Vtslities Company in instrument executed by N. J. Snow, dated November 23, 1977, recorded in Volume 1034, Page 765 of the Deed Records of Montgomery County, Texas, Page 2 of 4 ‘copy of the originat record on file in my office Mark Turbull, Count470-10-0151 Ag undivided /32nd royalty interest in al} oil, gas and other minerals in and under the herein described property conveyed to W.J Pfiffner m mstrument recorded in Volume 187, Page 138 of the Deed Records of Montgomery County, Texas, reference to which instrument 18 here made for all purposes. An undivided 1/32nd royalty mterest in all oil, gas and other minerals in and under the herein described property conveyed to W J. Pfiffner in instrument recorded in Volume 190, Page 97 of the Deed Records of Montgomery County, Texas, reference to which instrument is here made for all purposes. An undivided 1/18th non-participating royalty interest in all oil, gas and other mmnerals m and under the herem described property reserved by Sam $ Snow in instrument recorded in Volume 443, Page 455 of the Deed Records of Montgomery County, Texas, reference to Which instrument is here made for atl purposes. An undivided 1/18th non-participating royalty interest in aff oil, gas and other minerals in and under the herein described property reserved by Marie Louise Riley in instrument recorded m Volume 469, Page [3 of the Deed Records of Montgomery County, Texas, reference to which instrument 1s here made for all purposes. An undivided 6/9ths of all oif, gas and other minerals of every character in and under the herein described property reserved by Eleanore (Snow) Goldman and husband, Roy C. Goldman, Tony Roy Snow, Bernard John Snow, Irene (Snow) Mandrell and husband, Clayton C. Mandrell, Christine Lucy (Snow) Holik and husband, Clifford D. Holik, and Philip J, Snow in instrument recorded in Volume 593, Page 177 of the Deed Records of Montgomery County, Texas, reference to which instrument 1s here made for all purposes. An undhyided 5/9th of al) onl, gas and other minerals of every character in and under the herein described property reserved by Eleanora (Snow) Goldman and husband, Roy C. Goldman, Tony Roy Snow, Bernard John Snow, Irene (Snow) Mandrell and husband, Clayton C, Mandrell, and Philip J. Snow in instrument recorded in Volume 593, Page {77 of the Deed Records of Montgomery County, Texas, reference to which instrument is here made for all purposes All undivided interest in all oil, gas and other minerals of every character in and under the herein described property reserved by Christine (Snow) Holik and husband, Clifford D. Holik in instrument recorded in Volume 593, Page 371 of the Deed Records of Montgomery County, Texas, reference to which instrument is here made for all purposes. Grantor, forthe consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, selfs 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 heirs, executor, administrators, successors or assigns forever Grantor binds Grantor and Grantor's heirs, executors, administrators and successors to warrant and forever defend al! and singular the property to Gramtee and Grantee’s heirs, executors, administrators, 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. Mark Tr Monty Uhereby certify that thls Is a true and correct copy af the origmal record on file in my office Page 3 of 4 bull, Count Jerk ry County, Texas Deputy470-10-0152 When the context requires, singular nouns and pronouns include the plaral, hk b, NICK J SNOW NICK ih £ 38 Agent and Attorney-in-Fact for MARIAN C. SNOW ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF MONTGOMERY § “This mstrument was acknowledged before me onthe 2 _ day of November, 2003, by Nick J, Snow PATRIA. GREEN SEAT OF TERAS otary Public, State of Texas My Commission Expires 10-30-2004 STATE OF TEXAS § § COUNTY OF MONTGOMERY § ‘This instrument was acknowledged before me on the xO day of November, 2003, by Nick J Snow, as Agent and Attomey-in-Fact for MARIAN C, SNOW. auspice PATRICK A. GREEN NOTARY PUBLIC ot lic, State of Texas PREPARED IN THE OFFICE OF: AFTER RECORDING RETURN TO- Green & Green, P.C Green & Green, P.C 104 West Davis Street 104 West Davis Street Conroe, Texas 7730) Conroe, Texas 77301 Page 4 of 4 Thereby certify that this is a true and correct copy of the onginal record on file In my office470-10-0153 " NDLM, RECORDER'S MEMORAND LM ws for the bart photogre- roi geotaren pager, Bee Al bee sh aero dung wee la time the mstusrent wae fin oceer 24 METES & BOUNDS DESCRIPTION Exhibit “B” Page 1 of I Page BEING 0471 of one acre of land in the Witham Weir Survey, A-42, Montgomery County, Texas and being out of Nick J Snow 4 29 acte Tract S-8 of the Snow Partition as described! 1 deed recorded in Volume 593, Page 177 of Montgomery County Deed Records (MCDR), also out of Nick J Snow 1 451 acre tract described in deed recorded in Volume 593, Page 371 MCDR, satd 0.471 of one acre bemg taore particularly described as fatlows BEGINNING at a4” won rod found in the cast tine of said 1 451 acre and the west line of the residue of Christine Holik 4.29 acre Parntion Tract 5-7, said 4” sron tod being N 14°07"10"B,, 420.89 feet from a 5/8” iron rod found martang the southeast comer of said 1 451 acre tract, THENCE N.76°19'05"W , crossing suid 1 45] acres, at 82.73 feet pass the west line of satd 1.451 acres and the east line of a twenty-one foot wide roadway easement recorded in Volume 881, Page 283 MCDR and continue on across said roadway casement for a total distance of 102 73 feet to a capped '4” iron rod set in ats west line for the southwest comer of herein described tract; THENCE N.14°07°10"E., along the west line of said roadway casement and across saxd Partition Tract S-8 for a distance of 200.00 feet to a capped '4” iron fod set for the northwest comer of herein described tract, ‘THENCE §,75°S2'50"E , crossing said roadway easement, at 21 00 feet pass a post found in its east line and the west line of said 1 451 acres, also the southwest corner of James M, Curry tracts recorded under lm code #643-00-2047 and 467-00-1438 of the Real Property Records of Montgomery County, Texas (RPRMCThand contnue on along the south line of said Curry tracts for a total distance of 102 73 feet to a 4" iron rod found for his southeast comer and the northeast corner of herein described tract m the cast lune of sad 2 451 acre tract; THENCE §.14°07'10"W., (Call §.34°47°E., 775 18") along the cast Ime of said 1 451 acres and the west Lune of the residue of said Holik tract for a distance of 199 21 feet to the POINT OF BEGINNING and containing 0.471 of one acre of land, which includes 0.098 of one acre is above mentioned twenty-one foot wide roadway easement eM Thus description 1s bared ov 4 boundary avrveyland plet prepared thus date by Ck O Land Surveyora to whach Rcther referenge ya hereby made for additions! anformation on this project i. ACRE 471 Acre Snow Tract ‘ EXHIBIT “A” Thereby certity that this ts a true and correct copy of the onginal record on file in my office,470-110-0154 FILED FOR RECORD PPWOV 24 AK 9:45 Ped rton Ll COURTY C2thy MONTGOMERY COuN"Y TEYAS (hereby certify that this # a true and cotrect copy of the original reco'd on file in my officeEXHIBIT “ H 2251 N. LOOP 336 W. SUITE A 2006-059277 090-11-0359 Chisage Mile-Cont WARRANTY DEED Sra Bie Conte NOTICE OF CONFIDENTIALITY RIGHTS IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER, STATE OF TEXAS § COUNTY OF MONTGOMERY § THAT, NICK J SNOW, hereinafter called Grantor, not joined herein by his spouse because the property conveyed hereby constitutes no part of their homestead, for and in consideration of the sum of ‘Ten and No/100 ($10 00) Dollars cash and other good and valuable considerations in hand paid by JEREL TWYMAN and SANDY TWYMAN, KNOW ALL MEN BY THESE PRESENTS. hereinafter called Grantees, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLO and CONVEYED, and by these presents does GRANT, SELL and CONVEY unte Grantees all those certain lots, tracts or parcels of land, together with ail improvements thereon, lying and being situated In the County of Montgomery, State of Texas, described as follows, to-wt, Two tracts of land in the William Wair Survey, A-42, Montgomery County, Texas; said tracts being Tract |, containing 0.223 acre, and Tract {1, containing 1763 acres, and being described by metes and bounds on Exhibit "A" attached hereto and incorporated herein, This conveyance is made and accepted subject to any and all valid covenants, conditions, restrictions, easements and outstanding mineral and/or royalty interests in the oi, gas, and other minerals and leaves thereon, now outstanding or affecting the premises herein conveyed, now of record in the County Clerk's office of Montgomery County, Texas, but only to the extent they are still In force and effect. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantees, their heirs and assigns, forever, And Grantor does hereby bind himself, his heirs and assigns, to warrant and forever defend all and singular the said premises unto the sald Grantees, their hairs_an signs, against every person whomsoever lawlully claiming or to claim th e i Executed this. day of May, 2006. STATE OF TEXAS COUNTY OF MONTGOMERY § by NICK J, SNOW Grantees’ address: oe Lasaced 9’ Wpdocalctianow2 dad RETURN TO: CHICAGO TITLE INS. CO. CONROE, TX. 77304 (hereby certity that this Is a true and correct copy of the orlgmat record on file in my office Mark Turnbull, County Clerk Montgomery County, Texas by ( Yh od Deputy Issued 2: ao-3 01a \090-11-0360 GF# 432031 LEGAL DESCRIPTION TRACT I: BEING 0 223 ACRE OP LAND IN THE WILLIAM WEIR SURVEY, A-42, MONTGOMERY COUNTY, TEXAS, SAID 0.223 ACRE BEING OUT OF THE NICK J SNOW 4.29 ACRE TRACT OP LAND, (TRACT S-8! DEED OF WHICH IS RECORDED IN VOLUME 593, PAGE 177, MONTGOMERY COUNTY DEED RECORDS, SAID 0.223 ACRE BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS: COMMENCING at a 5/8" iron rod found for Snow's Northwest corner, the Northeast corner of the Deborah W Barfield 0 4814 acre tract of land deed of which is recorded under County Clerk's File Number 9308656, Montgomery County Real Property Records, in the 201 Fee line of Lake Conroe, (79.05 acre San Jacinto River Authority Vol.' 561, Pg 574, M.C.D.R); THENCE N. 68° 30’ 22" E, along the 201 Fee line, Snow’s North line for a distance of 73:13 feet to a 1/2" iron rod set for corner, THENCE S. 86" 13’ 38" B., continuing along the above mentioned lines for a distance of 32.70 feet to a 1/2"