ML20040H229
| ML20040H229 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 02/15/1982 |
| From: | Goldberg J HOUSTON LIGHTING & POWER CO. |
| To: | Tedesco R Office of Nuclear Reactor Regulation |
| References | |
| ST-HL-AE-781, NUDOCS 8202170468 | |
| Download: ML20040H229 (17) | |
Text
'
The Light Company ii.,im,,,,yim,o n,m im,,x im, ii.,,m,,,i. i_,,mii aim.mii February 15, 1982 ST-HL-AE-781 SFN: V-0100 O
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dp Mr. Robert L. Tedesco J ',
Assistant Director of Licensing e.
Division of Licensing 2
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e d d,f g / g / g Nuclear Regulatory Commission Washington, D.C.
20555 g
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Dear Mr. Tedesco:
'bc 3 y p,4, }'
South Texas Project Units 1 & 2 Docket Nos. STN 50-49P,, STN 50-499 Control of Activities Within the Exclusion Area This letter is in response to your letter of December 31, 1981 recuesting information substantiating HL&P's present ability to control mineral develop-ment within the exclusion area of the South Texas Project. We understand that your request of December 31 was prompted by communications from Mr. Thomas Pounds, including a letter of November 2, 1981, to Mr. Sells.
The Houston, Texas law firm of Baker & Botts had, at the time of acouisi-tion, reviewed the rights and interests in the Project Site initially acauired by or on behalf of the Participants. That firm also reviewed the statement in the FSAR quoted in your letter.
Upon receipt of your letter, PL&P reouested that firm to again review the Project Participants' power to control activities within the exclusion area of the South Texas Project, giving particular atten-tion to the Participants' present ability to control mineral development.
Enclosed is a copy of the opinion letter of Baker & Botts received in response to this request.
The opinion letter by Baker & Botts states that, based upon the review undertaken in response to our request, that firm is of the opinion that the South Texas Project Participants acquired and have the ability to control uiseral development within the exclusion area of the South Texas Project.
The opinion letter also reflects that Baker & Botts believes the statements contained in the portion of Section 2.1.1.2 of the FSAR for the South Texas Project quoted in your letter of December 31, 1981, are accurate.
QOol s
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820217046t3 820215 PDR ADUCK 05000498 A
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flouston Lighting & Power Company February 15, 1982 ST-HL-AE-781 SFN: V-0100 Page 2 The original copies of the deeds, judgment and title opinions noted on page 2 of the Baker & Botts' opinion letter as furnishing a basis therefor are maintained in the files of the Treasury Department of Central Power and Light Company in Corpus Christi, Texas.
Copies of those deeds, judgment and opinion are in the Houston Lighting & Power Company files in Houston, and the original survey plat and composite map, also noted as a basis for the opinion letter, are located in our files in Houston. While I believe the enclosed letter opinion satisfies your request of December 31, 1981, the NRC is welcome to review the materials forming a basis for the letter opinion, either in Corpus Christi or in Houston.
Very truly yours, s
J.H. Goldberg Vice President Nuclear Engineering & Construction JHG/lmf Enclosure w
Ilouston Lighting & Power Company cc:
G. W. Oprea, Jr.
February 15, 1982 J. H. Goldberg ST-HL-AE-781 J. G. Dewease SFN: V-0100 J. D. Parsons Page 3 D. G. Barker C. G. Robertson R. A.~Frazar J. W. Williams J. W. Briskin J. E. Geiger S. M. Dew i
J. T. Collins (NRC)
D. E. Sells (NRC)
W. M. Hill, Jr.
(NRC)
M..D. Schwarz (Baker &Botts)
R. Gordon Gooch (Baker & Botts)
J. R. Newman (Lowenstein, Newman, Reis, & Axelrad)
STP RMS Director, Office of Inspection & Enforcement Nuclear Regulatory Commission Washington, D. C. 20555 R. L. Range /G. W. Muench Charles Bechhoefer, Esquire Central Power & Light Company Chairman, Atomic Safety & Licensing Board P. O. Box 2121 U. S. Nuclear Regulatory Commission i
Corpus Christi, Texas 78403 Washington, D. C.
20555 R. L. Hancock/G. Pokorny Dr. James C. Lamb, III City of Austin-313 Woodhaven Road P. O. Box 1088 Chapel Hill, North Carolina 27514 Austin, Texas 78767 J. B. Poston/A. vonRosenberg Mr. Ernest E. Hill City Public Service Board Lawrence Livennore Laboratory P. O. Box 1771 University of California San Antonio, Texas. 78296 P. O. Box 808, L-46 j
Livermore, California 94550 l
Brian E. Berwick, Esquire William S. Jordan, III Assistant Attorney General Harmon & Weiss for the State of Texas 1725 I Street, N. W.
P. O. Box 12548 Suite 506 l
Capitol Station Washington, D. C.
Lanny'Sinkin Citizens for Equitable Utilities, Inc.
Citizens Concerned About Nuclear Power c/o Ms. Peggy Buchorn 5106 Casa Oro Route 1, Box 1684 San Antonio, Texas 78233 Brazoria, Texas 77422 Jay. Gutierrez, Esquire Hearing Attorney Office of the Executive Legal Director i
U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Revision Date 1-26-82
~,__. _.
BAKER & BOTTS ONE 5 HELL PLAZA HOUSTON. TEXAS 77oo2 TELEPHON E (713) 229-1234 WASHINGTON OFFICE
- 706 PE N N SYLVANI A AVE, N W TELECOM M U N ICATION WASHINGTON, D. C 20006 (713) 229-6523 HOUSTON TELEPHON E (202) 4 57 - 550 0 (202)457-553 WASHINGTON. D C.
Re:
Nuclear Regulatory Commission February 8, 1982 Docket Nos. 50-498 and 50-499 Mr. G. W. Oprea, Jr.
Executive Vice President Houston Lighting & Power Company 25th Floor, Electric Tower Houston, Texas 77002
Dear Mr. Oprea:
You have furatshed the December 31, 1981 letter to you from Mr. Robert L. Tedesco, Assistant Director for Licensing, Division of Licensing, United States Nuclear Regulatory Commis-sion, wherein Mr. Tedesco quotes an excerpt from Section 2.1.1.2 of the FSAR for the South Texas Project reading:
"The participants in the STP have acquired all of the
(
surface estate within the site boundary (except for the rights of way for the public roads noted in the preceeding section) as well as most of the mineral interests within the site boundary.
As a result of the acquisition of this surface estate and these mineral interests the participants in the STP have the power through ownership to control all activities within the exclusion area.
By virtue of the acquisition of this surface estate and these mineral interests and the power to acquire such outstanding interests in the mineral or subsurface estate as may be required for operation of the facility, the participants will have the authority to determine any and all activities involving either or both the surface or mineral estates within the legal limits of the site and outside of the public road rights of way previously noted."
Mr. Tedesco then advises that Mr. Thomas W. Pounds, a Houston attorney, calls into question the ability of the South Texas Pro-ject Participants to control future development of the minerals
cAKER & BoTTS Mr.
G. W. Oprea, Jr. February 8, 1982 under the Project site and requests that you provide information substantiating the present ability of the Project Participants to control mineral development within the exclusion area.
You have requested that we review again the Project Participants' power to control activities within the exclusion area of the South Texas Project, particulary addressing Mr.
Tedesco's request as to the Participants' present abilitf to control mineral development.
In connection with that request you confirmed that Houston Lighting & Power Company has received no notice of any offer to purchase any interest in the Project under Section 18 of the South Texas Participation Agreement, and that you have no knowledge of any transfers of interests in the South Texas Project site by any of the Project Participants other than the conveyance to the State of Texas for the reloca-tion of F. M. Highway 521.
As a result of your request and as a basis for the opinions expressed herein, we have again reviewed:
1.
The deeds and judgment identified in Attachment 1, each of which bears certification by the County Clerk of Matagorda County, Texas, that it has been filed for record and recorded in the real property records of that county as required to provide notice of the rights of the grantee or grantees under the registration laws of the Stats of Texas; 2.
The title opinions by Alva W. Bounds identified in Attachment 2 evidencing title to all of the surface estate and all of the mineral estate within the exclusion area of the South Texas Project as having been acquired by the.
Cities of San Antonio and Austin, Central Power and Light Company and Houston Lighting & Power Company (the " South L
Texas Project Participants"), cubject only to outstanding mineral and royalty interests without executive leasing rights; 3.
A survey plat of the South Texas Project site certified as prepared from an on-the-ground survey by Lipps, Jakubik & Associates, Incorporated, and a composite map locating the individual tracts covered by the deeds, judgment and title opinions identified in Attachments 1 and 2; and 4.
The South Texas Project Participatirn Agreement between the City of San Antonio, acting through the City Public Service Board of San Antonio, Central Power and Light Company, Houston Lighting & Power Company and the City of Austin, executed as of July 1, 1973, as amended by Amendment No. 1 effective as of December 1, 1973, and Amendment No. 2 effective as of March 1, 1975.
CAKER & BoTTS Mr. G. W. Oprea, Jr. February 8, 1982 Mr. Alva W. Sounds, recently deceased, was an j
attorney licensed to practice in the State of Texas and was favorably known to us as an attorney experienced in the exami-nation of land titles in this State.
We believe that the South 1
Texas Project Participants'were and remain justified in rely-ing upon Mr. Dounds' opinions as to the matters covered thereby.
We have obtained from Mr. K. G. Gold, Principal Surveyor of Houston Lighting & Power Company, confirmation that the exclu-sion area of the South Texas Project, as delineated on Figure 2.1-4 of the FSAR, is comprised exclusively of all or part of the tracts described in the deeds and judgment identified in Attachment 1 i
and does not include any portion of the lands conveyed to the l
State of Texas for the relocation of F. M. Highway 521.
Based upon the foregoing, we are of the opinio.1 that the South Texas Project Participants acquired:
(i) all of the surface estate in the exclusion area; (ii) all of the mineral estate underlying the exclusion area, subject only to outstand-ing, fractional mineral interests from which the executive leas-ing rights have been severed and royalty interests-which do not include the executive leasing rights; and (iii) all of the execu-tive leasing rights with respect to the outstanding mineral and royalty interests noted in (ii), above.
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It is.our further opinion, having considered the statutes and jurisprudence of Texas deemed relevant to the issue, that, as a result of the acquisition of these interests and rights, the South Texas Project Participants acquired and have the ability to control mineral development within the exclusion area of the South Texas Project.
In expressing this opinion we are not unmindful of Mr. Pounds' letter of November 2, 1981 attached to Mr. Tedesco's letter.
In his letter, Mr. Pounds states that,
...the Pro-4 ject does not have complete control over the development of the minerals under the Project site."
Mr. Pounds then states,
" Ownership of executive rights of the mineral estate does not vest in the executive the right to control whether or when the minerals will be developed, but rather grants only the limited right, to be exercised in the manner consistent with the best interest of the nonexecutive, to independently negotiate the terms of a lease when the opportunity to lease arises."
We believe the relative rights of the holder of the executive leasing rights, ci the one hand, and the owner of the mineral or royalty interest subject to such outstanding executive f
I
CAKER & BoTTS Mr.
G. W.
Oprea, Jr. February 8, 1982 leasing rights, on the other, is accurately set forth by Howard R. Williams and Charles J. Meyers in their well recognized trea-tise on oil and gas law.
The following explanation of the duty of such a holder; of executive leasing rights is set forth in Section 339.2 of that work as follows:
"This standard, it seems to us, comes down to an ordinary, prudent landowner test.
The executive is required to exercise his exclusivs leasing power in the same manner as an ordinary, prudent landowner would exercise the leasing power inherent in the mineral fee.
The execi3tive's conduct will be judged by such standard, as if no royalty or non-executive mineral interest were outstanding.
Where the interests of the executive and the non-executive coincide, the failure to exercise the executive right or the improper exercise thereof due to carelessness, inattention, indifference, or' bad faith will result in liability.
Where the interests of the executive and non-executive diverge, the execu-tive will not be bound to a standard of selfless conduct, such as that imposed on trustees or guardians.
He may exercise the executive right with the same self-interest in mind as if there were no outstanding royalty or non-executive mineral interest.
But the executive cannot exercise (or refuse to exercise) the executive right for the purpose of extinguishing the non-executive interest, or for the purpose of benefitting himself at the expense of the non-executive.
If the conduct of the executive satisfies the ordinary, prudent landowner standard, the fact that the non-executive owner has been harmed is not actionable under this view.
But if an ordinary, prudent landowner, not burdened by an outstanding non-executive L
interest, would have acted differently, then the execu-tive's conduct is actionable if it causes harm.
We believe this standard fairly effectuates the intent of the parties:
l it does not require more than can be expected of ordinary landowners and it does not permit less, especially where i
the 'less' is due to the executive's effort to profit at the expense of the royalty or non-executive mineral owner."
Williams and Meyers, Oil and Gas Law S.339.2.
In any event, the South Texas Project Participants have i
the right to acquire outstanding mineral or royalty interests l
constituting the South Texas Project plant site, including the exclusion area, through the exercise of eminent domain.
Article 1435a of the Texas Civil Statutes, which is applicable to the South Texas Project Participants, expressly provides in Section 4, Part (2) :
"Each participating public entity and eacn participat-ing private entity shall have the right and power to acquire, for the use and benefit of all participating entities, by
SAKER & BoTTS Mr. G. W. Oprea, Jr. February 8, 1982 purchase or through the exercise of the power of eminent
~ domain, lands, easements, and properties for the purpose of jointly owned electric facilities (defined as any facili-i ties necessary or incidental to the generation of electric power and energy,... including electric generating units, electric generating plants,... plant sites,...and real and personal property and equipment and rights of every kind in connection therewith),...
In all cases in which a participating entity exercises the right and power of eminent domain conferred hereby, it shall be controlled by the law governing the condemnation of property by in-corporated cities and towns in this state, and the right i
and power of eminent domain hereby conferred shall include the right and power to take the fee title in land so condemned,..."
f While the statute goes on to state that such power of eminent i
domain does not authorize a taking, "for the purpose of drilling for, mining, or producing from said land, any oil, gas, geothermal, L
geothermal / geopressured, lignite, coal, sulphur, uranium, pluto-nium, or other minerals belonging to another,
" the statute i
expressly provides that such limitation, "shall not impair the right of [a participating) entity to acquire full title to real property for plant sites, including cooling reservoirs and re-lated surface installations and equipment."
Such power of eminent domain need not be exercised prior to the time judicial relief is' sought'by a mineral or royalty owner.
Article 3269 of the Texas Civil Statutes
~
provides that the power of eminent domain may be asserted by a 1
l defendant having such power in a' suit for property or damages to property occupied by that defendant, provided the defendant's use of the property is one which would have permitted it to acquire the preperty through the exercise of eminent domain.
For the reasons outlined herein, we believe that the statements contained in that portion of Section 2.1.1.2 of the FSAR for the South Texas Project quoted in Mr. Tedesco's letter are accurate.
If we may be of further assistance in this matter, please advise.
Very-truly yours, i
BAKER & BOTTS l
By i
Melbert Schwarz, Jr.
f f j
MDS:36 Enclosures i
i i
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a SCHEDULE 1 DEEDS AND JUDGMENT EXAMINED 303.54-acre R. Kelley Tract, C. H. Vanderveer Survey, Abstract 95 1.
Deed dated March 30, 1973, from Ross Kelley, et ux., to Lawrence P. Gwin, Trustee, filed for record-ing March 30, 1973, and recorded in Book 519, page 680, of the Deed Records of Matagorda County, Texas; 2.
Deed dated July 17, 1973, from Calvin Wayne Holder, et al., to Lawrence P. Gwin, filed-for record-ing July 20, 1973, and recorded in Book 524, page 33, of said records; 3.
Deed dated July 20, 1973, from Blanche Lou Halstead Byrd to Lawrence P. Gwin, filed for recording July 25, 1973, and recorded in Book 524, page 321, of said records; 4.
Deed dated September 12, 1973, from Elizabeth Ann Halstead Burrell to Lawrence P. Gwin, filed for recording September 12, 1973, and recorded in Book 526, page 223 of said records; 5.
Deed dated Decembe.r 28, 1973, from Lawrence P.
Gwin, Trustee, to the City of San Antonio, et al.,
filed for recording December 28, 1973, and recorded in Book 530, page 243, of said records; 6.
Deed dated June 19, 1974, from Lawrence P.
Gwin to the City of San Antonio, et al., filed for record-ing June 20, 1974, and recorded in Book 536, page 742, of said records; 7.
Deed dated May 20, 1974, from Ray Culver to the City of San Antonio, et al., filed for recording May 20, 1974, and recorded in Book 535, page 715, of said records; 8.
Deed dated May 21, 1974, from Edwin B.
- Hibbs, et ux., to the City of San Antonio, et al., filed for recording May 21, 1974, and recorded in Book 535, page 761, of said records; and 9.
Deed dated February 7, 1975, from Mary Anna Morton Hudson, individually and as Trustee of the Mary Anna Morton Hudson Trust, the Richard Morton Hudson Trust and the Diana Morton Hudson Trust, to the City of San Antonio, et al.,
filed for recording February 7, 1975, and recorded in Book 546, page 127, of said records.
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159.5-acre sansing Tract, 159.5-acre Culver Tract and 159.5-acre Mecklenburg Tract, C. H. Vanderveer Survey, Abstract 95 1.
Deed dated September 21, 1973, from Ethel Sansing to Lawrence P. Gwin, Trustee, filed for record-ing September 21, 1973, and recorded in Book 526, page 484, of the Deed Records of Matagorda County, Teras; 2.
Deed dated August 29, 1973, from James Lee Culver, individually and as Independent Executor of the Estate of N. W. Culver, deceased, et al., to Lawrence P. Gwin, Trustee, filed for recording August 29, 1973, and recorded in Book 525, page 732, of said records; 3.
Deed dated August 29, 1973, from Mary Mecklen-burg, et vir, to Lawrence P. Gwin, Trustee, filed for recording August 29, 1973, and recorded in Book 525, page 738, of said records; 4.
Deed dated August 31, 1973, from Bobbye Jo Culver to Lawrence P.
Gwin, Trustee, filed for record-ing September 5, 1973, and re' corded in Book 525, page 887, of said records; 5.
Deed dated August 29, 1973, from E. M. Huitt, Jr., Trustee, to Lawrence P. Gwin, Trustee, filed for recording August 29, 1973, and recorded in Book 525, page 735, of said records; 6.
Deed dated September 6, 1973, from Minnie Culver to Lawrence P. Gwin, Trustee, filed for record-ing September 7, 1973, and recorded in Book 526, page 26, of said records; 7.
Deed dated December 28, 1973, from Lawrence P. Gwin, Trustee, to the City of San Antonio, et al.,
filed for recording December 28, 1973, and recorded in Book 530, page 243, of said records; and 8.
Deed dated June 24, 1974, from Lawrence P.
l I
Gwin, Trustee, to the City of San Antonio, et al.,
filed for recording June 25, 1974, and recorded in Book 536, page 807, of said records.
l 299.09-acre E. Vineyard Tract and 298.58-acre R. Vineyard Tract, l
John Raney Survey, Abstract 80 l.
Deed dated February 7, 1974, from Edwin Hawes Vineyard to Lawrence P. Gwin, Trustee, filed for recording February 8, 1974, and recorded in Book 531, page 587, of the Deed Records of Matagorda County, Texas; i
1-ii
I 2.
Deed dated February 28, 1974, from Lawrence
)
P. Gwin, Trustee, to the City of San Antonio, et al.,
i filed for recording February 28, 1974, and recorded in Book.532, page 310, of said records; and t
3.
Deed dated May 6, 1974, from Robert Royal Vineyard, et al., to the City of San Antonio,- et al'.,
filed for recording May 17, 1974, and recorded in Book 535, page 685, of said records.
1 500-acre Runnels-Carpenter Tracts, John Raney Survey, Abstract 80 l
i 1.
Deed dated January 14, 1974, from James O.
Carpenter to Lawrence P. Gwin, Trustee, filed for record-ing January 14, 1974, and recorded in Book 530, page 683, 1
l of the Deed Records of Matagorda County, Texas; 2.
Deed dated January 16, 1974, from First City l
National Bank of Houston, et al., as Co-Trustees, to-j Lawrence P. Gwin, Trustee, filed for recording February 15, 1974, and recorded in Book 531, page 884, of said records; i
3.
Deed dated January 17, 1974, from Harry E.
Norris to Lawrence P. Gwin, Trustee, filed for recording i
February 15, 1974, and recorded in Book 531, page 887, of said records; 4.
Deed dated February 28, 1974, from Lawrence P. Gwin, Trustee, to the City of San Antonio, et al.,
filed for recording February 28, 1974, and recorded in Book 532, page 310, of said records; and 5.
Deed dated June 2, 1975, from Harry E. Norris e
to the City of San Antonio, et al., filed for recording June 2, 1975, and recorded in Book 551, page 47, of said records.
198.138-acre Bowers Tract, John Raney Survey, Abstract 80 1.
Deed dated July 16, 1973, from V..L.
- Bowers, et.al., Independent Execucors and Testamentary Trustees under the will of P. P. Terry, deceased, et al., to Lawrence P.
Gwin, Trustee, filed for recording July 18, 1973, and recorded in Book 523, page 810, of the Deed Records of Matagorda County, Texas; 2.
Deed dated December 28, 1973, from Lawrence P. Gwin, Trustee, to the City of San Antonio, et al.,
j filed for recording December 28, 1973, and recorded in Book 530, page 243, of said records; and a
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3.
Deed dated June 20, 1974, from Mary Alice Pennybacker, individually and as Independent Executrix of the Estate of Perry V. Pennybacker, et al., to the City of San Antonio, et al., filed for recording June 24, 1974, and recorded in Book 536, page 788, of.said records.
83.33-acre E. Foltyn Tract and 83.33-acre J. Foltyn Tract, John Raney Survey, Abstract 80 l.
Deed dated February 4, 1974, from Emma Foltyn to Lawrence P. Gwin, Trustee, filed for recording February 4, 1974, and recorded in Book 531, page 442, of the Deed Records of Matagorda County, Texas; 2.
Deed dated February 4, 1974, from Jake E.
Foltyn, et ux., to Lawrence P. Gwin, Trustee, filed for recording February 4, 1974, and recorded in Sook 531, page 445, of said records; 3.
Deed dated March 7, 1974, from Boyd Foltyn, Jr., et ux., to Lawrence P. Gwin, Trustee, filed for' recording March 20, 1974, and recorded.in Book 533, page 126, of said records; 4.
Deed dated February 28, 1974, from Lawrence P. Gwin, Trustee, to the City of San Antonio,'et al.,
filed for recording February 28, 1974, and recorded in Book 532, page 310, of said record; and 5.
Deed dated April 29, 1974, from Lawrence P. Gwin, Trustee, to the City of San Antonio, et al.,
filed for recording April 29, 1974, and recorded in Book 534, page 834, of said records.
33.13-acre C. Kelley Tract, John Raney Survey, Abstract'80 1.
Deed dated July 11, 1973, from Leona Lurline Kelley Mann to Lawrence P.'Gwin, Trustee, filed for recording July 12, 1973, and recorded in Book 523, page 580, of the Deed Records of Matagorda County, Texas; 2.
Deed dated July 11, 1973, from Fleta Kelley Johnson to Lawrence P. Gwin, Trustee, filed for record-ing July 12, 1973, and recorded in Book 523, page 582, of said records; 3.
Deed dated July 17, 1973 from Coral M. Kelley to Lawrence P. Gwin, Trustee, filed for recording July 18, 1973, and recorded in Book 523, page 808, of said records; 1-iv s
- =.., -
t 4.
Deed dated July 18, 1973, from Ivon Kelley
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to Lawrence P. Gwin, Trustee, filed for recording July 25, 1973,. and recorded in Book 524, page 319, of said records; 5.
Deed dated July 23, 1973, from Neil Kelley to Lawrence P. Gwin, Trustee, filed for. recording July 26, 1973, and recorded in Book 524, page 334, of said records; 6.
Deed dated ~ March 8, 1974, from Eleanor Kelley, et al., to-L'r.wrence.P. Gwin, Trustee, filed for record-
~
ing March 20, 1974,cand recorded in Book 533, page 129, of said records; 7.
Deed dated December 28, 1973, from Lawrence P.
Gwin, Trustee, to the City of San Antonio, et al.,
filed for recording' December 28, 1973, and recorded in Book 530, page 243, of said records; 8.
Deed dated April 29, 1974, from Lawrence -P.
Gwin, Trusteej to the Ci'ty of San Antonio, et al., filed for recording April 29, 1974, and recorded in Book 534, page 834, of said records; and 1
9.
Certified copy of Final Judgment in Cause No.
21820, Central Power and Lic ht Company, et al., v. Eert i
Karns Kelley,._et al., recorded in Book 551, page 103, of said records.
500-acre Olivarri~ Tract, John Raney Survey, Abstract 80
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1.
Deed dated May 31, 1973, from Joseph Stewart' Olivarri, et al., to Lawrence P.
Gwin, Trustee, filed for recording June"ll, 1973, and recorded in Book 522, page 405, of~the Deed Records of Matagorda County, Texas; and j
2.
Deed dated December 28, 1973, from Lawrence P. Gwin, Trustea, to the City of San Antonio, et al.,
filed-for recording December 28, 1973, and recorded in Book 530, page 243,'of said records.
642.4117-acre Thomason Tract", John Raney Survey, Abstract 80 1.
Deed. dated August 15, 1974, from Patience i
Chance Thomason, et al., to the City of San Antonio, et al., filed for recording October 24, 1974, and recorded in. Book 542, page 396, of the Deed Records of Matagorda County, Texas; and i
i 1-v r
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L 'c a
~ 2.
Deed dated October 1, 1974','from The First
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National Bank of Fort Worth, Guardian of the Estate of Eleanor Chance Couch, to the City of San Antonio, et al.,
' filed for recording October 24, 1974, and recorded in Book'542, page 388, of said records.
County and State Highways 1.
Deed dated April 1, 1976, from County of Matagorda, Texas, to the City of San Antonio, et.al.,
filed for recording April 1, 1976, and recorded in Book 563, page 719, of the Deed Records of Matagorda County, Texas; and 2.
Quitclaim dated February 5, 1980, from the State of Texas to the City of San Antonio, et al.,
filed
.for recording October 24, 1980, and recorded in Book 659, pa_ge 547, of said records.
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l SCHEDULE 2 TITLE OPINIONS EXAMINED 303.54-acre R.
Kelley Tract.
C. H. Vanderveer Survey, Abstract 95 1.
Base title opiraon by Alva W. Bounds dated March 18, 1973, based on abstracts certified to March 12, 1973; 2.
Undated supplemental and complemental title
. opinion by Alva W. Bounds, based on abstract certified to May 24, 1973; 3.
Supplemental title opinion by Alva W. Bounds dated July 2, 1974, based on abstract certified to June 21, 1974; 4.
Supplemental opinion by Alva W. Bounds dated July 28, 1975, based on abstract certified to June 27, 1975; and 5.
Substitute supplemental opinion by Alva W.
Bounds dated February 3, 1976, based on abstract certified to June 27, 1975.
159.5-acre Sansing Tract, 159.5-acre Culver Tract and 159.5-acre Mecklenberg Tract, C. H. Vanderveer Survey, Abstract 95 1.
Base title opinion by Alva W. Bounds dated August 7, 1973, based on abstracts certified to July 31, 1973; and 2.
Supplemental title opinion by Alva W. Bounds dated July 3, 1974, based on abstract certified to June 25, 1974.
299.09-acre E. Vineyard Tract and 298.58-acre R. Vineyard Tract, John Raney Survey, Abstract'80 1.
Base title opinion by Alva W. Bounds dated November 20, 1973, based on abstracts certified to November 8, 1973; and 2.
Supplemental title opinion by Alva W.
Bounds dated July 2, 1974, based on abstract certified to June 21, 1974.
..~ :.
500-acre Runnels-Carpenter Tract, John Raney Survey, Abstract 80 1.
Base title opinion by Alva W. Bounds dated July,.1973, based on abstracts certified to June 27, 1973;
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2.
Supplemental title opinion by Alva W. Bounds dated July 1,'1974, based on abstract certified to June 17, 1974; and 3.
Supplemental title opinion by Alva W. Bounds dated July 23, 1975, based on abstract certified to June 27, 1975.
198.138-acre Bowers Tract, John Raney Survey, Abstract 80 1.
Base title opinion by Alva W. Bounds dated July, 1973, based on abstracts certified to June 24, 1973; 2.
Supplemental title opinion by Alva W. Bounds '
dated July 1, 1974, based on abstract certified to June 18, 1974; and 3.
Supplemental title opinion by Alva W. Bounds dated July 23, 1975, based on abstract certified to June 27, 1975.
83.33-acre E.
Foltyn Tract, 83.33-acre J. Foltyn Tract, and 33.13-acre C. Kelley Tract, John Raney Survey, Abstract 80 1.
Base title opinion by Alva W. Bounds dated December 17, 1973, based on abstracts certified to December 7, 1973; 2.
Supplemental title opinion by Alva W. Bounds dated July 3, 1974, based on abstract certified to June 19, 1974; and 3.
Supplemental title opinion by Alva W. Bounds dated July 23, 1975,. based on abstract certified to June 27, 1975.
500-acre Olivarri Tract, John Raney Survey, Abstract 80 1.
Base title opinion by Alva W. Bounds dated April 27, 1973, and based on abstracts certified to April 19, 1973; and 2.
Supplemental title opinion by Alva W. Bounds dated July 2, 1974, and based on abstract certified to June 17, 1974.
2-ii
f.
~
a 642.4117 Thomason Tract, John Raney Survey, Abstract 80 1.
Base title opinion by Alva W. Bounds, dated March 1, 1974, and based on abstracts certified to:
February 19, 1974; and 2.
Supplemental' title opinion by Alva W. Bounds, dated December 6, 1974, based on abstract certified to November 8, 1974.
l l
2-iii
.